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a) In the case of an airline designated by the Portuguese Republic:

(i) It is not established in the territory of the Portuguese Republic

under the EU Treaties or does not have a valid Operating License

in accordance with the law of the European Union; or

(ii) Effective regulatory control of the designated airline is not

exercised or not maintained by the EU Member State responsible

for issuing its Air Operator’s Certificate, or the relevant

Aeronautical Authority is not clearly identified in the designation,

or

(iii) The airline is not owned, directly or through majority ownership or

it is not effectively controlled by Member States or the EU or the

European Free Trade Association and/or by nationals of such

states; or

(iv) It is already authorized to operate under a bilateral agreement

between the Republic of Peru and another EU Member State and

by exercising traffic rights under this Agreement on a route that

includes a point in that other EU Member State, it would be

circumventing restrictions on traffic rightsimposed by the bilateral

agreement between the Republic of Peru and that other Member

State; or

(v) It has an Air Operator’s certificate issued by an EU Member State

and there is no bilateral air services agreement between the

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