II SÉRIE-A — NÚMERO 30

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1970;

c) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at

Montreal on 23 September 1971, its Supplementary Protocol for the Suppression of Unlawful Acts of Violence

at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988; and

d) the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1

March 1991, as well as with any other convention and protocol relating to the security of civil aviation which

both Parties adhere to.

2. The Parties shall provide, upon request, all necessary assistance to each other to prevent acts of

unlawful seizure of civil aircraft and other unlawful acts 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.

3. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions

established by ICAO and designated as Annexes to the Convention; 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 territory or, in the case of the Portuguese Republic, operators of aircraft who are established in its territory

under EU Treaties and have valid Operating Licences, in accordance with EU law, and the operators of airports

in their territory act in conformity with such aviation security provisions. Each Party shall advise the other Party

of any difference between its national regulations and practices and the aviation security standards of the

Annexes. Either Party may request immediate consultations with the other Party at any time to discuss any

such differences.

4. Each Party agrees that such operators of aircraft shall be required to observe the aviation security

provisions referred to in paragraph 3 above required by the other Party for entry into, departure from, or while

within, the territory of that other Party. Each Party shall ensure that adequate measures are effectively applied

within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and

aircraft stores prior to and during boarding or loading. Each Party shall also give sympathetic consideration to

any request from the other Party for reasonable special security measures to meet a particular threat.

5. 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.

Article 10

User charges

1. User charges that may be imposed by the competent charging authorities or bodies of each Party on the

airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned

among categories of users. In any event, any such user charges shall be assessed on the airlines of the other

Party on terms not less favourable than the most favourable terms available to any other airline at the time the

charges are assessed.

2. User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the full cost to

the competent charging authorities or bodies of providing the appropriate airport, airport environment, air

navigation, and aviation security facilities and services at the airport or within the airport system. Such full costs

may include a reasonable return on assets, after depreciation. Facilities and services for which charges are

made shall be provided on an efficient and economic basis.

3. Each Party shall encourage consultations between the competent charging authorities or bodies in its

territory and the airlines using the services and facilities, and shall encourage the competent authorities or

bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the

reasonableness of the charges in accordance with the principles in paragraphs 1 and 2. Each Party shall

encourage the competent charging authorities to provide users with reasonable notice of any proposal for

changes in user charges to enable users to express their views before changes are made.

4. Neither Party shall be held, in dispute resolution procedures pursuant to Article 19 (Settlement of

Disputes), to be in breach of a provision of this Article, unless: