62 | II Série A - Número: 072 | 6 de Fevereiro de 2015

(iv) It is already authorized to operate under a bilateral agreement between the Republic of Equatorial Guinea and another Member State of the EU and by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on traffic rights imposed by the bilateral agreement between the Republic of Equatorial Guinea and that other Member State; or (v) It has an Air Operator’s Certificate issued by a Member State of the EU and there is no bilateral air services agreement between the Republic of Equatorial Guinea and that Member State, and traffic rights to that Member State have been denied to the airline designated by the Republic of Equatorial Guinea.

b) In the case of an airline designated by the Republic of Equatorial Guinea: (i) It is not established and has not its headquarters in the territory of the Republic of Equatorial Guinea or does not have a valid Air Operator’s Certificate in accordance with the Equatorial Guinea law; or (ii) Effective regulatory control of the airline is not exercised or not maintained by the Republic of Equatorial Guinea.

c) In the case the designated airline fails to meet the conditions prescribed under the legislation normally applied to the operation of international air services by the Party considering the application or applications; or d) In the case of failure by such designated airline to comply with the legislation of the Party granting the authorisation or permission, or e) In the case the designated airline fails to operate the agreed services in accordance with the conditions prescribed under the present Agreement.

2. Unless immediate refusal, revocation, suspension, limitation or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of the legislation, the right to refuse, revoke, suspend, limit or impose conditions shall be exercised only after consultation with the other Party. The consultation shall take place within a period of thirty (30) days from the date of the proposal to hold it unless otherwise agreed.

ARTICLE 5 APPLICATION OF LEGISLATION AND PROCEDURES

1. The legislation and procedures of one Party relating to the admission to, sojourn in, or departure from its territory of aircraft engaged in international air services, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of both Parties upon entering into or departing from or while within the territory of the first Party.
2. The legislation and procedures of one Party relating to the admission to, stay in, or departure from its territory of passengers, crew, baggage, cargo and mail transported on board the aircraft, such as those relating to entry, clearance, immigration, passports, customs and sanitary control, shall be complied with by the airline of the other Party, or on behalf of such passengers, crew, entity entitled of baggage, cargo and mail upon entrance into or departure from or while within the territory of this Party.
3. Neither Party shall give preference to its own or any other airline over an airline of the other Party engaged in similar international air transportation in the application of is entry, clearance, aviation security, immigration, passports, advance passenger information, customs and quarantine, postal and similar regulations.

ARTICLE 6 CUSTOM DUTIES AND OTHER CHARGES

1. Aircraft operating on international services by the designated airlines of either Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants, other consumable technical supplies and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from custom duties, inspection fees and other duties or taxes on arriving in the territory of the other Party, provided such equipment, supplies and aircraft stores remain on board the aircraft up to such time as they are re-exported, or are used on the part of the journey performed over that territory.