17 DE JULHO DE 2018 41

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 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 certificates 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 a

designated airline of one Party in accordance with paragraph 3 is denied, by the representative of that designated

airline, the other Party shall be free to infer that serious concerns of the type referred to in paragraph 4 arise and

draw the conclusions referred to in that paragraph.

6. Each Party reserves the right to immediately suspend or vary the authorization to conduct international air

transportation of an airline of the other Party in the event that 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 ensure the safety of an airline operation.

7. Any action by one Party in accordance with paragraph 1, 2 or 6 above shall be discontinued once the basis

for the taking of that action ceases to exist.

8. Where the Portuguese Republic has designated an airline whose regulatory control is exercised and

maintained by another European Union Member State, the rights of the other Party under this Article shall apply

equally in respect of the adoption, exercise or maintenance of safety standards by that other European Union

Member State and in respect of the operating authorization of that airline.

ARTICLE 10

Aviation Security

1. Consistent with their rights and obligations under international law, each Party reaffirms that its obligation

to the other Party to protect the security of civil aviation against acts of unlawful interference forms an integral

part of this Agreement.

2. Without limiting or derogating the generality of its rights and obligations in terms of international law, each

Party shall in particular act in conformity with the provisions of:

a) the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14

September 1963;

b) the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December

1970;

c) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal

on 23 September 1971, and its Suplementary Protocol for the Suppression of Unlawful Acts of Violence at

Airports Serving International Civil Aviation;

d) and the Convention on Marking of Plastic Explosives for the purpose of detection, signed at Montreal on

March 1, 1991.

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

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

and crew, airports and air navigation facilities, and any other 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 on International

Civil Aviation to the extent that such security provisions are applicable to both Parties. They 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 respective territories, or in the case of the Portuguese Republic operators of aircraft