II SÉRIE-A — NÚMERO 143 42

which are established in its territory under the European Union Treaties and have received valid Operating

Licenses in accordance with European Union Law, and the operators of airports in their respective territories, act

in conformity with such aviation security provisions as are applicable to both Parties.

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

referred to in paragraph 4 applied by the other Party for entry into, sojourn in or departure from the territory of

that other Party. For departure from, or while within, the territory of the Portuguese Republic, operators of aircraft

shall be required to observe aviation security provisions in conformity with European Union law. Each Party shall

ensure that adequate measures are effectively applied within its territory to protect the aircraft and to apply

security controls to passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during

boarding and loading. Each Party shall also give positive consideration to any request from the other Party for

reasonable special security measures in its territory to meet a particular threat.

6. 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 or air navigation facilities occurs, the Parties shall

assist each other by facilitating communications and other appropriate measures intended to terminate rapidly

and safely such incident or threat thereof.

7. If a Party has occasional problems in the context of the present Article on security of civil aviation, the

aeronautical authorities of both Parties may request immediate consultations with the aeronautical authorities of

the other Party.

ARTICLE 11

Exemption From Customs Duties And Other Charges

1. Aircraft operating on international services by the designated airline of either Party, as well as their regular

equipment, spare parts, supplies of fuels and lubricants, other consumable technical supplies and aircraft stores

(including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties,

inspection fees and other similar charges on arriving in the territory of the other Party, provided such equipment,

supplies and aircraft stores remain on board the aircraft up to such time as they are re-exported, or are used on

the part of the journey performed over that territory.

2. There shall also be exempt from the same duties, fees and taxes, with the exception of charges

corresponding to the services performed for:

a) Aircraft stores taken on board in the territory of a Party, within limits fixed by the authorities of the said

Party, and for use on board outbound aircraft engaged in an international air service by the designated airlines

of the other Party;

b) Spare parts and regular equipment brought into the territory of either Party for the maintenance or repairs

of aircraft used on international air services by the designated airlines of the other Party;

c) Fuel, lubricants and other consumable technical supplies destined to the supply outbound aircraft operated

on international air services by the designated airlines of the other Party, even when these supplies are to be

used on the part of the journey performed over the territory of the Party in which they are taken aboard.

3. All materials referred to in paragraph 2 of this Article may be required to be kept under customs supervision

or control.

4. The regular airborne equipment, as well as the materials and supplies retained on board the aircraft

operated by the designated airline of either Party, may be unloaded in the territory of the other Party only with

the approval of the Customs authorities of that Party. In such cases, they may be placed under the supervision

of the said Customs authorities up to such time as they are re-exported or otherwise disposed of in accordance

with Customs regulations.

5. The exemptions provided for by this Article shall also be available in situations where the designated airlines

of either Party have entered into arrangements with another airline or airlines for the loan or transfer in the territory

of the other Party of the items specified in paragraphs 1 and 2 of this Article, provided such other airline or airlines

similarly enjoy such exemptions from such other Party.

6. Nothing in this Agreement shall prevent the Portuguese Republic from imposing, on a non-discriminatory

basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated