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a) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party

within a reasonable amount of time; or

b) following such a review it fails to take all steps within its power to remedy any charge or practice that is

inconsistent with this Article.

5. Airports, airways, air traffic control and air navigation services, aviation security, and other related

facilities and services that are provided in the territory of one Party shall be available for use by the airlines of

the other Party on terms no less favourable than the most favourable terms available to any airline engaged in

similar international air services at the time the charges are assessed.

Article 11

Exemption from customs duties and other charges

1. Aircraft operating on international air services by the designated airline of either Party, as well as their

regular equipment, spare parts, supplies of fuels and lubricants, other consumable technical supplies and

aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs

duties, inspection fees and other similar charges on arriving in the territory of the other Party, provided such

equipment, supplies and aircraft stores remain on board the aircraft up to such time as they are re-exported, or

are used on the part of the journey performed over that territory.

2. There shall also be exempt from the same duties, fees and taxes, with the exception of charges

corresponding to the services performed for:

a) aircraft stores taken on board in the territory of a Party, within limits fixed by the authorities of the said

Party, and for use on board outbound aircraft engaged in an International air service by the designated airlines

of the other Party;

b) spare parts and regular equipment brought into the territory of either Party for the maintenance or repairs

of aircraft used on international air services by the designated airlines of the other Party;

c) fuel, lubricants and other consumable technical supplies destined to the supply outbound aircraft

operated on international air services by the designated airlines of the other Party, even when these supplies

are to be used on the part of the journey performed over the territory of the Party in which they are taken

aboard.

3. All materials referred to in paragraph 2 of this Article may be required to be kept under customs

supervision or control.

4. The regular airborne equipment, as well as the materials and supplies retained on board the aircraft

operated by the designated airline of either Party, may be unloaded in the territory of the other Party only with

the approval of the customs authorities of that Party. In such cases, they may be placed under the supervision

of the said customs authorities up to such time as they are re-exported or otherwise disposed of in accordance

with customs regulations.

5. The exemptions provided for by this Article shall also be available in situations where the designated

airlines of either Party have entered into arrangements with another airline or airlines for the loan or transfer in

the territory of the other Party of the items specified in paragraphs 1 and 2 of this Article, provided such other

airline or airlines similarly enjoy such exemptions from such other Party.

6. Nothing in this Agreement shall prevent the Portuguese Republic from imposing, on a non-discriminatory

basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated

airline of the Republic of Kenya that operates between a point in the territory of the Portuguese Republic and

another point in the territory of the Portuguese Republic or in the territory of another European Union Member

State.

Article 12

Principles governing the operation of the agreed services

1. The designated airline(s) of the two Parties shall be afforded fair and equal opportunity in the operation of