II SÉRIE-A — NÚMERO 30

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Article 1

Definitions

For the purposes of this Agreement, unless otherwise stated, the term:

a) «air transportation» means the public carriage by aircraft of passengers, baggage, cargo and mail,

separately or in combination, for remuneration or hire;

b) «aeronautical authorities» means, in the case of the Republic of Kenya, the Cabinet Secretary in charge

of aviation; in the case of the Portuguese Republic, the Civil Aviation Authority; or in either case any other

authority or person empowered to perform the functions now exercised by the said authorities;

c) «Agreement» means this Agreement, its Annex, and any amendments thereto;

d) «capacity» is the amount(s) of services provided under this Agreement, usually measured in the number

of flights (frequencies) or seats or tons of cargo offered in a market (city pair, or country-to-country) or on a

route during a specific period, such as daily, weekly, seasonally or annually;

e) «Convention» means the Convention on International Civil Aviation opened for signature at Chicago on

the seventh day of December, 1944, and includes any Annex adopted under Article 90 of that Convention, and

any amendment of the Annexes or Convention under Articles 90 and 94, insofar as such Annexes and

amendments have become effective for both Parties;

f) «designated airline» means an airline which has been designated and authorized in accordance with

Article 3 of this Agreement;

g) «ICAO» means the International Civil Aviation Organization;

h) «tariff' means any fare, rate or charge for the carriage of passengers, baggage and/or cargo (excluding

mail) in air transportation charged by airlines, including their agents, and the conditions governing the

availability of such fare, rate or charge;

i) «territory» in relation to a State has the meaning assigned to it in Article 2 of the Convention;

j) «user charges» means a charge made to airlines by the competent authorities, or permitted by them to be

made, for the provision of airport property or facilities or of air navigation facilities, or aviation security facilities

or services, including related services and facilities, for aircraft, their crews, passengers and cargo;

k) «air service», «international air service», «airline» and «stop for non-traffic purposes», have the meanings

assigned to them in Article 96 of the Convention; and

l) «EU Treaties» shall mean the Treaty on European Union and the Treaty on the Functioning of the

European Union.

Article 2

Grant of rights

1. Each Party grants to the other Party the rights specified in this Agreement for the purpose of operating

international air services on the routes specified in the Route Schedules.

2. Subject to the provisions of this Agreement, the airline(s) designated by each Party shall enjoy the

following rights:

a) the right to fly without landing across the territory of the other Party;

b) the right to make stops in the territory of the other Party for non-traffic purposes; and

c) the right to make stops at the point(s) on the route(s) specified in the Route Schedules to this Agreement

for the purpose of taking on board and discharging international traffic in passengers, baggage, cargo and mail

separately or in combination for remuneration or hire.

3. The airlines of each Party, other than those designated under Article 3 of this Agreement, shall also

enjoy the rights specified in paragraphs 2 a) and b) of this Article.

4. Nothing in paragraph 2 shall be deemed to confer on the designated airline(s) of one Party the privilege

of taking on board, in the territory of the other Party, passengers, baggage, cargo and mail for remuneration or

hire and destined for another point in the territory of the other Party.