II SÉRIE-A — NÚMERO 30

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d) in the event of failure that such designated airline is qualified to meet other conditions prescribed under

the legislation and procedures normally applied to the operation of international air transport services by the

Party receiving the designation.

2. Unless immediate action is essential to prevent infringement of the laws and regulations referred to above

or unless safety or security requires action in accordance with the provisions of Articles 8 or 9, the rights

enumerated in paragraph 1 of this Article shall be exercised only after consultations between the aeronautical

authorities in conformity with Article 18 (Consultations) of this Agreement.

Article 5

Application of legislation and procedures

1. The legislation and procedures of one Party governing entry into and departure from its territory of

aircraft engaged in international air services, or the operation and navigation of such aircraft while within its

territory, shall be applied to aircraft of the designated airline of the other Party.

2. The legislation and procedures of one Party relating to the entry into, stay in and departure from its

territory of passengers, crew and cargo including mail such as those regarding immigration, customs, currency

and health and quarantine shall apply to passengers, crew, cargo and mail carried by the aircraft of the

designated airline of the other Party while they are within the said territory.

3. Neither Party shall give preference to its own or any other airline over a designated airline of the other

Party engaged in similar international air transportation in the application of its immigration, customs,

quarantine and similar regulations.

Article 6

Direct transit

Passengers, baggage, and cargo in direct transit through the territory of any Party and not leaving the area

of the airport reserved for such purpose shall be subject to no more than a simplified control except in respect

of security measures against the threat of unlawful interference, such as violence and air piracy and occasional

measures for the combat of illicit drug traffic, prevention of illegal entry or in special circumstances. Baggage

and cargo in direct transit shall be exempt from custom duties, charges and other similar taxes.

Article 7

Recognition of certificates

1. Certificates of airworthiness, certificates of competency and licenses issued or rendered valid, in

accordance with the laws and regulations of one Party, including, in the case of the Portuguese Republic,

European Union legislation and procedures, and still in force, shall be recognized as valid by the other Party for

the purpose of operating the agreed services provided that the requirements under which such certificates and

licenses were issued or rendered valid are equal to or above the minimum standards which may be established

pursuant to the Convention.

2. If the privileges or conditions of the licenses or certificates referred to in paragraph 1 above, issued by

the aeronautical authorities of one Party to any person or designated airline or in respect of an aircraft used in

the operation of the agreed services, should permit a difference from the minimum standards established under

the Convention, and which difference has been filed with the International Civil Aviation Organization, the other

Party may request consultations between the aeronautical authorities with a view to clarifying the practice in

question.

3. Paragraph 1 also applies with respect to an airline designated by the Portuguese Republic whose

regulatory control is exercised and maintained by another European Union Member State.

4. Each Party reserves the right, however, to refuse to recognize for the purpose of flights above or landing

within its own territory, certificates of competency and licenses granted to its own nationals by the other Party.