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

4. Each Party agrees that such operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 2 above required by the other Party for entry into the territory of that other Party and also for departure from, or while within, the territory of the Republic of Equatorial Guinea. For departure from, or while within, the territory of the Portuguese Republic, operators of aircraft shall be required to observe aviation security provisions in conformity with European Union law. Each Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carryon items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Party shall also give sympathetic consideration to any request from the other Party for reasonable special security measures to meet a particular threat.
5. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
6. If a Party has occasional problems in the context of the present Article on safety of civil aviation, the aeronautical authorities of both Parties may request immediate consultations with the aeronautical authorities of the other Party.

ARTICLE 17 PROVISION OF STATISTICS

The aeronautical authorities of one Party shall supply the aeronautical authorities of the other Party, at their request, with such statistics as may be reasonably required for information purposes.

ARTICLE 18 TARIFFS

1. The tariffs shall be established at reasonable levels, due regard being paid to all relevant factors, including interests of users, cost of operation, characteristics of service, reasonable profit and other commercial consideration in the market place.
2. Tariffs for international air transport operated pursuant to this Agreement shall not be subject to approval of the aeronautical authorities of either Party.
3. The Parties acknowledge that market forces shall be the primary consideration in the establishment of tariffs for air transportation. Without limiting the application of general competition and consumer law in each Party, consultations may be initiated by either Party in accordance with Article 19 for the: a) Prevention of unreasonably discriminatory practices; b) Protection of consumers from tariffs that are unreasonably high or restrictive because of the abuse of a dominant position or due to concerted practices among air carriers; c) Protection of airlines from tariffs to the extent that they are artificially low because of direct or indirect governmental subsidy or support; and d) Protection of airlines from tariffs that are artificially low, where evidence exists as to an intent of eliminating competition.

ARTICLE 19 CONSULTATIONS

1. In order to ensure close cooperation concerning all the issues related to the interpretation and application of this Agreement, the aeronautical authorities of each Party shall consult each other whenever it becomes necessary, on request of either Party.
2. Such consultations shall begin within a period of forty five (45) days from the date the other Party has received the written request.

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