95 | II Série A - Número: 007S2 | 2 de Outubro de 2008

services, provided that the requirements under which such certificates and licences were issued, or rendered valid, are equal to or above the minimum standards which are established or may be established pursuant to the Convention.
2. The provisions of paragraph 1 of this Article also apply with respect to an airline designated by the Portuguese Republic whose effective regulatory control is exercised and maintained by another European Community Member State.
3. Each Party, however, reserves the right to refuse to recognize as valid, for the purpose of flights above its territory, certificates of competency and licences granted or validated to its own nationals by the other Party or by any other State.

Article 10 Commercial representation

1. The designated airlines of each Party are granted the right:

a) To establish in the territory of the other Party offices for the promotion of air transportation and sale of air tickets as well as, in accordance with the legislation in force of such other Party, other facilities required for the provision of air transportation; and b) To bring in to and to maintain in the territory of the other Party, in accordance with the legislation in force of such other Party relating to entry, residence and employment, managerial, sales, technical, operational and other specialist staff that are required for the provision of air transportation; and c) In the territory of the other Party to engage directly and, at the airlines discretion, through its agents in the sale of air transportation.

2. The competent authorities of each Party will take all necessary steps to ensure that the representation of the airlines designated by the other Party may exercise their activities in an orderly manner.

Article 11 Commercial activities, conversion and transfer of revenues

1. The designated airlines of each Party shall have the right to sell air transportation in the territory of the other Party, directly or through agents, in local currency or, in freely convertible currencies of other countries in accordance with the applicable legislation, and any person shall be free to purchase such transportation 2. Each Party grants to the designated airlines of the other Party the right of free transfer at the official rate of exchange, of the excess of receipts over expenditures achieved in connection with the carriage of passengers, baggage, cargo and mail on the agreed services in the territory of the other Party.

Article 12 Capacity

1. There shall be fair and equal opportunity for the designated airlines of both Parties to operate the agreed services on the specified routes.
2. In operating the agreed services, the designated airlines of each Party shall take into account the interests of the designated airlines of the other Party so as not to affect unduly the services, which the latter provides on the whole or part of the same route.
3. The agreed services provided by the designated airlines of the Parties shall bear a close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to carry the current and reasonably anticipated traffic requirements, including seasonal variations for the carriage of passengers, baggage, cargo and mail, embarked or disembarked in the territory of the Party which has designated the airlines.