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are just and reasonable. These charges shall be based on sound economic principles and shall not be higher

than the charges imposed upon aircraft of the designated airlines of each Party engaged in similar international

services.

2. Neither Party shall give preference, with respect to User Charges, to its own or to any other airline(s)

engaged in similar International Air Services and shall not impose or permit to be imposed, on the Designated

Airline(s) of the other Party User Charges higher than those imposed on its own Designated Airline(s) operating

similar International Air Services using similar aircraft and associated facilities and services.

3. Each Party shall encourage consultations between its competent charging bodies and the Designated

Airlines using the services and facilities. Reasonable notice shall be given whenever possible to such users of

any proposal for changes in User Charges together with relevant supporting information and data, to enable them

to express their views before the charges are revised.

ARTICLE 12 – AVIATION SECURITY

1. Consistent with their rights and obligations under international law, the Parties reaffirm that their obligation to

each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this

Agreement.

2. Without limiting the generality of their rights and obligations under international law, the Parties shall in

particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on

Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of

Aircraft, signed at the Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against

the Safety of Civil Aviation, signed at Montreal on 23 September, 1971 and the Protocol for the Suppression of

Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the

Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971, signed at

Montreal on 24 February 1988, The Convention on the Marking of Plastic explosives for the Purpose of Detection,

signed at Montreal on 1 March 1991, and any other agreement governing civil aviation security binding upon both

Parties.

3. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful

seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports

and air navigation facilities and any other relevant threat to the security of civil aviation.

4. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions established

by the International Civil Aviation Organization and designated as annexes to the Convention to the extent that such

security provisions are applicable to the Parties.

5. In addition, the Parties shall require that operators of aircraft of their registry or operators of aircraft who have

their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic

operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in

accordance with the European Union law, and the operators of airports in their Territory act in conformity with such

aviation security provisions as are applicable to the Parties.

6. Each Party agrees that its operators of aircraft shall be required to observe the aviation security provisions

referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied by

the other Party for entry into, departure from, or while within the Territory of that other Party.

7. Each Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to

security screen their passengers, crew and carry-on items and to carry out appropriate security checks on baggage,

Cargo and aircraft stores prior to boarding or loading. Each Party also agrees to give positive consideration to any

request from the other Party for reasonable special security measures to meet a particular threat.

8. 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 and air navigation facilities occurs, the Parties shall assist

each other by facilitating communications and other appropriate measures intended to terminate such incident or

threat as rapidly as possible commensurate with minimum risk to life from such incident or threat.

9. Each Party shall take such measures as it may find practicable to ensure that an aircraft of the other Party

subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is

detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and

crew.