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II SÉRIE-A — NÚMERO 30 138

the International Civil Aviation Organization, the Aeronautical Authority of the other Party may, without prejudice to

the rights of the first Party under Article 10(2), request consultations with the Aeronautical Authority of the other Party

in accordance with Article 18, with a view to satisfying themselves that the practice in question is acceptable to them.

Failure to reach satisfactory agreement shall constitute grounds for the application of Article 4(1) of this Agreement.

ARTICLE 10 – Safety

1. Each Party may request consultations at any time concerning safety standards in any area relating to

aircrew, aircraft or their operation adopted by the other Party. Such consultations shall take place within 30 days

of that request.

2. If, following such consultations, one Party finds that the other Party does not effectively maintain and

administer safety standards in any such area that are at least equal to the minimum standards established at that

time pursuant to the Convention, the first Party shall notify the other Party of those findings and the steps

considered necessary to conform with those minimum standards, and that other Party shall take appropriate

corrective action. Failure by the other Party to take appropriate action within 15 days or such longer period as

may be agreed, shall be grounds for the application of Article 4(1) of this Agreement.

3. Notwithstanding the obligations in Article 33 of the Convention, it is agreed that any aircraft operated by

an airline of one Party on services to or from the Territory of the other Party may, while within the Territory of the

other Party, be made the subject of an examination by the authorized representatives of the other Party, on board

and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent

condition of the aircraft and its equipment (in this Article called "ramp inspection"), provided this does not lead to

unreasonable delay.

4. If any such ramp inspection or series of ramp inspections gives rise to:

a) Serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum

standards established at that time pursuant to the Convention; or

b) Serious concerns that there is a lack of effective maintenance and administration of safety standards

established at that time pursuant to the Convention;

the Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to

conclude that the requirements under which the certificate or licenses in respect of that aircraft or in respect of

the crew of that aircraft had been issued or rendered valid or that the requirements under which that aircraft is

operated are not equal to or above the minimum standards established pursuant to the Convention.

5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by an

airline of one Party in accordance with paragraph (3) of this Article is denied by a representative of that airline,

the other Party shall be free to infer that serious concerns of the type referred to in paragraph (4) of this Article

arise and draw the conclusions referred to in that paragraph.

6. Each Party reserves the right to suspend or vary the operating authorization of an airline or airlines of the

other Party immediately in the event the first Party concludes, whether as a result of a ramp inspection, a series

of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is

essential to the safety of an airline operation.

7. Any action by one Party in accordance with paragraphs (2) or (6) of this Article shall be discontinued once

the basis for taking that action ceases to exist.

8. Where Portuguese Republic has designated an air carrier whose regulatory control is exercised and

maintained by another Member State, the rights of the UAE under the safety provisions of this agreement shall

apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State

and in respect of the operating authorization of that air carrier.

ARTICLE 11 – USER CHARGES

1. Each Party shall ensure that the User Charges imposed or permitted to be imposed by its competent

charging bodies on the Designated Airlines of the other Party for the use of airports and other aviation facilities