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a) to fly across the Territory of the other Party without landing;

b) to make stops in the Territory of the other Party for non-traffic purposes, and

c) to make stops in the Territory of the other Party, for the purpose of taking on and/or discharging

international traffic in passengers, baggage, cargo and mail, separately or in any combination, while operating

the Agreed Services.

3. Additionally, the airline(s) of each Party, other than those designated under Article 3, shall also enjoy the rights

specified in paragraph 2(a) and 2(b) of this Article.

4. Nothing in this Article shall be deemed to confer on any designated airlines of either Party the privilege of

taking on, in the Territory of the other Party, passengers, baggage and Cargo carried for remuneration or hire and

destined for another point within the Territory of that other Party.

5. If because of armed conflict, political disturbances or developments or special and unusual circumstances a

Designated Airline of one Party is unable to operate a service on its normal routing, the other Party shall use its best

efforts to facilitate the continued operation of such service through appropriate temporary rearrangement of routes

as is mutually decided by the Parties.

6. The Designated Airlines shall have the right to use all airways, airports and other facilities provided by the

Parties on a non-discriminatory basis.

ARTICLE 3 – DESIGNATION AND AUTHORIZATION

1. Each Party shall have the right to designate one or more airlines for the purpose of operating the Agreed Services and to withdraw or alter the designation of any such airline or to substitute another airline for one previously

designated. Such designation may specify the scope of the authorization granted to each airline in relation to the

operation of the Agreed Services. Designations and any changes thereto shall be made in writing and shall be

transmitted to the other Party through diplomatic channels.

2. On receipt of such a designation, substitution or alteration thereto, and on application from the Designated Airline in the form and manner prescribed, the other Party shall, subject to the provisions of paragraphs (3) and (4)

of this Article, without delay grant to the airline(s) designated the appropriate operating authorizations.

3. One Party may require an airline designated by the other Party to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of

International Air Services by such authority in conformity with the provisions of the Convention.

4. Each Party shall grant the operating authorizations referred to in paragraph (2) of this Article, provided that:

a) in the case of an airline designated by Portuguese Republic:

i. it is established in the Territory of Portuguese Republic under the EU Treaties and has a valid Operating

Licence granted by a Member State in accordance with European Union law; and

ii. effective regulatory control of the airline is exercised and maintained by the Member State responsible

for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the

designation; and

iii. the airline has its principal place of business in the Territory of the Member State from which it has

received the valid Operating Licence; and

iv. the airline is owned, directly or through majority ownership, and it is effectively controlled by Member

States and/or nationals of Member States, and/or by other states listed in Annex 2 to this Agreement

and/or nationals of such other states.

b) in the case of an airline designated by the UAE:

i. it is established in the Territory of the UAE and is licensed in accordance with the applicable law of

the UAE; and

ii. the UAE has and maintains effective regulatory control of the airline.

c) the airline is in compliance with the provisions set forth in Article 10 (Safety) and Article 12 (Aviation

Security).