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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 inter-national 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 provi-sions 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 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 effec-tively 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.

II SÉRIE-A — NÚMERO 20______________________________________________________________________________________________________

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