Debates Parlamentares - Diário 002S1, p. 73 (2016-09-16)

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16 DE SETEMBRO DE 2016 73

CHAPTER II

Transport of passengers

Article 3

Types of services

1. The transport services of passengers to be performed under the provisions of this Agreement may be:

a) Regular services;

b) Occasional services.

2. “Regular services” are services which provide for the carriage of passengers on specified routes, according

to previously determined itinerary, schedule, fares and stopping points for collecting and setting down

passengers.

3. “Occasional services” are services which do not fall within the definition of regular services.

Article 4

Regime of authorization

1. Apart from the exceptions referred to in paragraph 1 of Article 5, any passenger transport services

performed under this Agreement are subject to an authorization granted by the competent authority of the other

Party on the basis of reciprocity.

2. In what regards regular services:

a) The establishment of a regular service, as well as the modification of the operating conditions thereof, will

be authorised by common agreement between the competent authorities of the Parties, provided that an approval

is obtained from the competent authorities of the transit countries, whenever necessary;

b) An authorization granted by the competent authority of a Party will be valid on that part of the route which

is situated on the territory of the same Party;

c) The authorization for each regular service will be granted on the basis of the principle of reciprocity, unless

concrete situations prevent the application of such principle, in which case the authorizations shall be granted to

the applicant;

d) The term of validity of an authorization cannot exceed five years.

3. In what regards occasional services:

a) Occasional services between the two countries or in transit through their territories, performed under this

Agreement, apart from the exceptions referred to in paragraph 1 of Article 5, are subject to an authorization

granted by the competent authority of the other Party on the basis of the principle of reciprocity;

b) Competent authorities of the Parties issue authorization for transport operators for the part of the route on

their territories;

c) Each occasional service needs a separate authorization valid only for one trip, unless otherwise stated in

the authorization;

d) Each authorization should be numbered, signed and stamped by the competent issuing authority.

Article 5

Transport services exempted from authorization

1. The following occasional services do not require authorization:

a) “Closed-door tours”, i.e. services whereby the same vehicle carries the same group of passengers

throughout the journey and brings them back to the place of departure, provided that the place of departure and

destination is situated on the territory of the Party where the vehicle is registered;

16 DE SETEMBRO DE 2016 73 CHAPTER II Transport of passengers Article 3 Types of services 1. The transport services of passengers to be performed under the provisions of this Agreement may be: a) Regular services; b) Occasional services. 2. “Regular services” are services which provide for the carriage of passengers on specified routes, according to previously determined itinerary, schedule, fares and stopping points for collecting and setting down passengers. 3. “Occasional services” are services which do not fall within the definition of regular services. Article 4 Regime of authorization 1. Apart from the exceptions referred to in paragraph 1 of Article 5, any passenger transport services performed under this Agreement are subject to an authorization granted by the competent authority of the other Party on the basis of reciprocity. 2. In what regards regular services: a) The establishment of a regular service, as well as the modification of the operating conditions thereof, will be authorised by common agreement between the competent authorities of the Parties, provided that an approval is obtained from the competent authorities of the transit countries, whenever necessary; b) An authorization granted by the competent authority of a Party will be valid on that part of the route which is situated on the territory of the same Party; c) The authorization for each regular service will be granted on the basis of the principle of reciprocity, unless concrete situations prevent the application of such principle, in which case the authorizations shall be granted to the applicant; d) The term of validity of an authorization cannot exceed five years. 3. In what regards occasional services: a) Occasional services between the two countries or in transit through their territories, performed under this Agreement, apart from the exceptions referred to in paragraph 1 of Article 5, are subject to an authorization granted by the competent authority of the other Party on the basis of the principle of reciprocity; b) Competent authorities of the Parties issue authorization for transport operators for the part of the route on their territories; c) Each occasional service needs a separate authorization valid only for one trip, unless otherwise stated in the authorization; d) Each authorization should be numbered, signed and stamped by the competent issuing authority. Article 5 Transport services exempted from authorization 1. The following occasional services do not require authorization: a) “Closed-door tours”, i.e. services whereby the same vehicle carries the same group of passengers throughout the journey and brings them back to the place of departure, provided that the place of departure and destination is situated on the territory of the Party where the vehicle is registered;

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