1. Each Party shall have the right to designate in writing to the other Party, Airlines for the

purpose of operating the Agreed Services on the Specified Routes in the Annex and to

withdraw or alter such designations. Those designations shall be made in writing and shall

be transmitted to the other Party through diplomatic channels.

2. Upon receipt of the notice of such designation,and of applications from a Designated

Airline, in the form and manner prescribed for operating authorizations and technical

permissions,the other Party shallgrantto the Airline designated the appropriate operating

authorizations and permissions with minimum procedure delay, provided that:

a) in the case of an Airline designated by the Portuguese Republic:

(i) the Airline is established in the Territory of the Portuguese Republic

under the EU Treaties and has a valid Operating Licence in accordance

with the law of the European Union; and

(ii) effective regulatory control of the Airline is exercised and maintained by

the European Union Member State responsible for issuing its Air

Operator’s Certificate and the relevant Aeronautical Authority is clearly

identified in the designation; and

(iii) the Airline is owned, directly or through majority ownership, and it is

effectively controlled by Member States of the European Union or the

European Free Trade Association and/or by nationals of such States;

b) in the case of an Airline designated by Curaçao:

(i) the Airline is established in the Territory of Curaçao and has a valid

Operating Licence in accordance with the applicable law of Curaçao; and

II SÉRIE-A — NÚMERO 12__________________________________________________________________________________________________________

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