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17 DE JULHO DE 2018 37

Desiring to ensure the highest degree of safety and security in international air transportation and reaffirming

their grave concern about acts of threats against the security of aircraft, which jeopardize the safety of persons

or property; and

Being parties to the Convention on International Civil Aviation opened for signature at Chicago on December

7, 1944,

Have agreed as follows:

ARTICLE 1

Definitions

1. For the purpose of this Agreement, unless the context otherwise requires:

(a) The term “Aeronautical authorities" means, in the case of the Republic of Mauritius, the Minister charged

with the responsibility for civil aviation or any person or body authorized to exercise a particular function relating

to this Agreement, and in the case of the of the Portuguese Republic the Civil Aviation Authority or in either case,

any person or body duly authorized to perform any function related to this Agreement exercised by the said

Authorities;

(b) The term “agreed services” means scheduled international air services on the routes specified in the Annex

to this Agreement for the transport of passengers, baggage, cargo and mail in accordance with agreed capacity

entitlements;

(c) The term “Agreement” means this agreement, the Annex thereto and any amendments to the Agreement

or to this Annex;

(d) The terms “air service:, “international air service”, “airline” and “stop for non-traffic purposes” have the

meanings respectively assigned to them in Article 96 of the Convention;

(e) The term “Capacity” means the amount(s) of services provided under the agreement, usually measured in

the number of flights(frequencies) or seats or tons of cargo offered in a market (city pair, or country-to country)

or on a route during a specific period, such as daily, weekly, seasonally or annually.

(f) The term "Convention" means the Convention on International Civil Aviation, opened for signature at

Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention and any

amendments of the Annexes or the Convention adopted under Articles 90 and 94 thereof, insofar as such

Annexes and amendments have been adopted by both Parties;

(g) The term "designated airline(s)" means one or more airlines which has been designated and authorized in

accordance with Article 4 of this Agreement;

(h) The term “intermodal air transportation” means the public carriage by aircraft and by one or more surface

modes of transport of passengers, baggage, cargo and mail, separately or in combination, for remuneration or

hire;

(i) The term “tariff” means the prices to be paid for the carriage of passengers and cargo and the conditions

under which those prices apply, including prices and conditions for agency and other ancillary services, but

excluding prices and conditions for the carriage of mail;

(j) The term "territory" has the meaning assigned to it under Article 2 of the Convention; and

(k) The term “user charge” means a charge made to airlines by the competent authorities, or permitted by

them to be made, for the provision of airport property or facilities or of air navigation facilities, or aviation security

facilities or services, including related services and facilities, for aircraft, their crews, passengers and cargo; and

(l) The term “EU Treaties” shall mean the Treaty on European Union and the Treaty on the Functioning of the

European Union;

2. The Annex to this Agreement shall form an integral part of the Agreement and all references to the

Agreement, unless expressly provided otherwise, shall apply to the said Annex.