Article 2

Applicability of the Convention

The provisions of this Agreement shall be subject to the provisions of the Convention insofar as those provisions are applicable to international air services.

Article 3

Grant of rights

1 — Each Party grants to the other Party the following rights for the purpose of operation of scheduled international air services by the designated airlines of the other Party:

a) The right to fly across its territory without landing;b) The right to make stops in its territory for non -traffic purposes; andc) The right to land in the territory of the other Party at the points specified on the route agreed

in the Annex to this Agreement for the purpose of taking on board and discharging passengers and/or cargo including mail, subject to the conditions specified in the said Annex.

2 — Nothing in this Article shall be deemed to confer on the designated airlines of one Party the right of taking on board, in the territory of the other Party, passengers and/or cargo including mail, for remuneration, destined for another point in the territory of that other Party.

3 — The rights specified at paragraph 1a) and b) above shall be granted by each Party to an airline of the other Party even if that airline is not a designated airline.

4 — If the designated airlines of one Party are unable to operate services on its normal routing because of armed conflict, political disturbances, or special and unusual circumstances the other Party shall make its best efforts to facilitate the continued operation of such service through appro-priate rearrangements of such routes, including the grant of rights for such time as may be necessary to facilitate viable operations. The provisions of this norm shall be applied without discrimination between the designated airlines of the Parties.

Article 4

Designation of Airlines and Authorization

1 — Each Party shall have the right to designate in writing through the diplomatic channel, to the other Party one or more airlines for the purpose of operating the agreed services on the routes specified in the Annex to this Agreement, and to alter or substitute or revoke such a designation in writing through diplomatic channel.

2 — On receipt of such a designation and of applications from a designated airline, in the form and manner prescribed for operating authorizations and technical permissions, the Aeronautical Authorities of the other Party shall, with minimum of procedural delay, subject to the provisions of paragraph 3 of this Article, grant to the airline designated in accordance with paragraph 1 of this Article the appropriate operating authorization provided that:

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

i) It is established in the territory of the Portuguese Republic under the EU Treaties and has a valid Operating License in accordance with the law of the European Union; and

ii) Effective regulatory control of the designated airline is exercised and maintained by the EU Member State responsible for issuing its Air Operator’s Certificate, and the relevant aeronautical authority is clearly identified in the designation; and

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