Debates Parlamentares - Diário 030, p. 142 (2016-11-18)

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II SÉRIE-A — NÚMERO 30 142

7. Notwithstanding the provisions in paragraph 6 of this Article, the air carrier(s) designated by the UAE shall

be allowed to match existing prices charged by other airlines for carriage wholly within the European Union.

ARTICLE 17 - EXCHANGE OF INFORMATION

1. The Aeronautical Authorities of both Parties, on request, shall provide information, as promptly as possible,

concerning the current authorizations extended to their respective Designated Airlines to render service to, through,

and from the Territory of the other Party. This will include copies of current certificates and authorizations for services

on proposed routes, together with amendments or exemption orders.

2. The Aeronautical Authorities of either Party shall supply to the Aeronautical Authorities of the other Party, at

their request, such periodic or other statements of statistics of traffic uplifted from and discharged in the Territory of

that other Party as may be reasonably required.

ARTICLE 18 - CONSULTATION

1. In a spirit of close cooperation, the Aeronautical Authorities of the Parties shall consult each other from time

to time with a view to ensuring the implementation of and satisfactory compliance with, the provisions of this

Agreement and either Party may at any time request consultations on the implementation, interpretation, application

or amendment of this Agreement.

2. Subject to Articles 4, 10 and 12, such consultations, which may be through discussion or correspondence,

shall begin within a period of forty five (45) days of the date of receipt of such a request, unless otherwise agreed by

both Parties.

ARTICLE 19 - SETTLEMENT OF DISPUTES

1. If any dispute arises between the Parties relating to the interpretation or application of this Agreement the

Parties shall in the first place endeavor to settle it by negotiation.

2. If the Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some

person or body for mediation.

3. If the Parties do not agree to mediation, or if a settlement is not reached by negotiation, the dispute shall, at

the request of either Party, be submitted for decision to a tribunal of three (3) arbitrators which shall be constituted in

the following manner:

a) Within 60 days of receipt of a request for arbitration, each Party shall appoint one arbitrator. A national of a

third State, who shall act as the President of the tribunal, shall be nominated as the third arbitrator by the two

appointed arbitrators within 60 days of the appointment of the second;

b) If within the time limits specified above any appointment has not been made, either Party may request the

President of the Council of the International Civil Aviation Organization to make the necessary appointment within 30

days. If the President is of the same nationality as one of the Parties, the most senior Vice President who is not

disqualified on that same ground shall make the appointment. In such case the arbitrator or arbitrators appointed by

the said President or the Vice President as the case may be, shall not be nationals or permanent residents of the

States parties to this Agreement.

4. Except as hereinafter provided in this Article or otherwise agreed by the Parties, the tribunal shall determine

the place where the proceedings will be held and the limits of its jurisdiction in accordance with this Agreement. The

tribunal shall establish its own procedure. A conference to determine the precise issues to be arbitrated shall be held

not later than 30 days after the tribunal is fully constituted.

5. Except as otherwise agreed by the Parties or prescribed by the tribunal, each Party shall submit a

memorandum within 45 days after the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal

shall hold a hearing at the request of either Party, or at its discretion, within 30 days after replies are due.

6. The tribunal shall attempt to give a written decision within 30 days after completion of the hearing or, if no

hearing is held, 30 days after both replies are submitted. The decision shall be taken by a majority vote.

II SÉRIE-A — NÚMERO 30 142 7. Notwithstanding the provisions in paragraph 6 of this Article, the air carrier(s) designated by the UAE shall be allowed to match existing prices charged by other airlines for carriage wholly within the European Union. ARTICLE 17 - EXCHANGE OF INFORMATION 1. The Aeronautical Authorities of both Parties, on request, shall provide information, as promptly as possible, concerning the current authorizations extended to their respective Designated Airlines to render service to, through, and from the Territory of the other Party. This will include copies of current certificates and authorizations for services on proposed routes, together with amendments or exemption orders. 2. The Aeronautical Authorities of either Party shall supply to the Aeronautical Authorities of the other Party, at their request, such periodic or other statements of statistics of traffic uplifted from and discharged in the Territory of that other Party as may be reasonably required. ARTICLE 18 - CONSULTATION 1. In a spirit of close cooperation, the Aeronautical Authorities of the Parties shall consult each other from time to time with a view to ensuring the implementation of and satisfactory compliance with, the provisions of this Agreement and either Party may at any time request consultations on the implementation, interpretation, application or amendment of this Agreement. 2. Subject to Articles 4, 10 and 12, such consultations, which may be through discussion or correspondence, shall begin within a period of forty five (45) days of the date of receipt of such a request, unless otherwise agreed by both Parties. ARTICLE 19 - SETTLEMENT OF DISPUTES 1. If any dispute arises between the Parties relating to the interpretation or application of this Agreement the Parties shall in the first place endeavor to settle it by negotiation. 2. If the Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body for mediation. 3. If the Parties do not agree to mediation, or if a settlement is not reached by negotiation, the dispute shall, at the request of either Party, be submitted for decision to a tribunal of three (3) arbitrators which shall be constituted in the following manner: a) Within 60 days of receipt of a request for arbitration, each Party shall appoint one arbitrator. A national of a third State, who shall act as the President of the tribunal, shall be nominated as the third arbitrator by the two appointed arbitrators within 60 days of the appointment of the second; b) If within the time limits specified above any appointment has not been made, either Party may request the President of the Council of the International Civil Aviation Organization to make the necessary appointment within 30 days. If the President is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that same ground shall make the appointment. In such case the arbitrator or arbitrators appointed by the said President or the Vice President as the case may be, shall not be nationals or permanent residents of the States parties to this Agreement. 4. Except as hereinafter provided in this Article or otherwise agreed by the Parties, the tribunal shall determine the place where the proceedings will be held and the limits of its jurisdiction in accordance with this Agreement. The tribunal shall establish its own procedure. A conference to determine the precise issues to be arbitrated shall be held not later than 30 days after the tribunal is fully constituted. 5. Except as otherwise agreed by the Parties or prescribed by the tribunal, each Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of either Party, or at its discretion, within 30 days after replies are due. 6. The tribunal shall attempt to give a written decision within 30 days after completion of the hearing or, if no hearing is held, 30 days after both replies are submitted. The decision shall be taken by a majority vote.

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