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18 DE NOVEMBRO DE 2016 135

5. When an airline has been so designated and authorized, it may begin at any time to operate the Agreed

Services in whole or in part, provided that a timetable is established in accordance with Article 15 of this Agreement

in respect of such services.

ARTICLE 4 – REFUSAL, REVOCATION, SUSPENSION AND LIMITATION OF OPERATING

AUTHORIZATION

1. Each Party shall, with respect to an airline designated by the other Party, have the right to refuse, revoke,

suspend or limit an operating authorization or technical permissions of an airline designated by the other Party of the

rights specified in Article 2 of this Agreement, or to impose conditions, temporarily or permanently, as it may deem

necessary on the exercise of those rights:

a) in the case of failure by that airline to comply with the laws and regulations normally and reasonably applied

by the Party granting those rights in conformity with the Convention; or

b) in case the airline otherwise fails to operate in accordance with the conditions prescribed under this

Agreement; or

c) 1. in the case of an airline designated by Portuguese Republic:

i) it is not established in the Territory of Portuguese Republic under the EU Treaties or does not have a

valid Operating Licence granted by a Member State in accordance with the European Union law; or

ii) effective regulatory control of the airline is not exercised or not maintained by the EU Member State

responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly

identified in the designation; or

iii) the airline does not have its principal place of business in the Territory of the Member Statefrom which

it has received its Operating Licence; or

iv) the airline is not owned, directly or through majority ownership, or it is not effectively controlled by

Member States and/or nationals of Member States, and/or by other states members listed in Annex 2

to this Agreement and/or nationals of such other states; or

v) the airline holds an Air Operator’s Certificate issued by another Member State and it can be

demonstrated that by exercising traffic rights under this Agreement on a route that includes a point in

that other Member State, including the operation of a service which is marketed as, or otherwise

constitutes a through service, it would in effect be circumventing restrictions on traffic rights imposed

by a bilateral air services agreement between the UAE and that other Member State; or

vi) the airline holds an Air Operator’s Certificate issued by a Member State and there is no bilateral air

services agreement between the UAE and that Member State, and it can be demonstrated that the

necessary traffic rights to conduct the proposed operation are not reciprocally available to the airline

(s) designated by the UAE.

2. in the case of an airline designated by the UAE:

i) The airline is not established in the Territory of the UAE or is not licensed in accordance with the

applicable law of the UAE; or

ii) The UAE does not have or does not maintain effective regulatory control of the airline; or

iii) the airline is majority owned and controlled by nationals of a state other than the UAE and it can be

demonstrated that by exercising traffic rights under this Agreement on a route that includes a point in

that other state, including the operation of a service which is marketed as, or otherwise constitutes a

through service, it would in effect be circumventing restrictions on traffic rights imposed by a bilateral

air services agreement between the Portuguese Republic and that other state; or

iv) the airline is majority owned and controlled by nationals of a state other than the UAE and there is no

bilateral air services agreement between the Portuguese Republic and that other state, and it can be

demonstrated that the necessary traffic rights to conduct the proposed operation are not reciprocally

available to the airline (s) designated by the Portuguese Republic.