Entrada em vigor
Este Acordo entrará em vigor quando as Partes Contratantes se notificarem mutuamente, por troca de notas diplomáticas, de que foram cumpridos os respectivos requisitos constitucionais.
Em fé do que os signatários, devidamente autorizados para o efeito pelos respectivos Governos, assinaram o presente Acordo.
Feito em Harare, aos 5 de Maio de 1994, em dois exemplares, nas línguas portuguesa e inglesa, sendo ambos os textos igualmente autênticos.
Pelo Governo da República Portuguesa:
Luís Palha da Silva, Secretário de Estado do Comércio.
Pelo Governo da República do Zimbabwe:
Denis Norman, Ministro dos Transportes e Energia.
ANEXO
Serviços aéreos regulares
(ver documento original)
Notas
1 - Qualquer dos pontos nas rotas especificadas nos quadros I e II deste anexo podem, à escolha da empresa designada de qualquer das Partes Contratantes, ser omitidos em qualquer voo ou em todos os voos, desde que tais voos tenham início no território da Parte Contratante que designa a empresa.
2 - A empresa designada de qualquer das Partes Contratantes terá o direito de terminar os seus serviços no território da outra Parte Contratante.
3 - Os pontos intermédios e os pontos além podem ser alterados segundo o critério da empresa designada, com aviso prévio à outra empresa designada e às respectivas autoridade aeronáuticas.
4 - A empresa designada por qualquer das Partes Contratantes não pode operar mais do que três pontos intermédios/além nas rotas acima especificadas, à sua escolha, e terá o direito de transportar tráfego de passageiros, carga e correio entre o território dessa Parte Contratante e tais pontos.
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF PORTUGAL AND THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE RELATING TO SCHEDULED AIR SERVICES.
Considering that the Government of the Republic of Portugal and the Government of the Republic of Zimbabwe, hereinafter referred to as «Contracting Parties» to the Convention on the International Civil Aviation opened for signature at Chicago on the seventh day of December, 1994;
Desiring to develop international cooperation in the field of air transport; and
Desiring to establish the necessary basis for the operation of scheduled air services:
The Government of the Republic of Zimbabwe and the Government of the Republic of Portugal have appointed plenipotentiaries who, duly authorised to that effect, have agreed as follows:
Article 1
Definitions
1 - For the purpose of the present Agreement, unless the context otherwise requires:
a) The term «aeronautical authorities» shall mean, in the case of the Republic of Zimbabwe, the Secretary for Transport and in the case of the Republic of Portugal, the Directorate General of Civil Aviation or, in both cases, any person or body authorised to perform any functions at present exercised by the said authorities or similar functions;
b) The term «the Convention» shall mean the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944 and include any annex adopted under article 90 of that Convention and any amendment of the annexes or Convention under articles 90 and 94 thereof, so far as those annexes and amendments have been adopted by both Contracting Parties;
c) The term «designed airline» shall mean an airline which has been designated and authorised in accordance with article 3 of the present Agreement;
d) The term «territory» in relation to a State shall mean the land areas and territorial waters adjacent thereto under the sovereignty of that State;
e) The terms «air service», «international air service», «airline» and «stop for non-traffic purposes» shall have the meanings assigned to them in article 96 of the Convention;
f) The term «tariff» shall mean the prices to be paid for the carriage of passengers, baggage and freight and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail; and
g) The term «annex» shall mean the route schedule attached to the present Agreement and any clauses or notes appearing in such annex.
2 - The annex to this Agreement is considered an inseparable part thereof.
Article 2
Grant of rights
1 - Each Contracting Party grants to the other Contracting Party the following rights in respect of its international air services:
a) The right to fly across its territory without landing; and
b) The right to make stops in its territory for non-traffic purposes.
2 - Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of operating scheduled international air services, on the routes specified in the route schedule. Such services and routes are hereafter called «the agreed services» and the «specified routes» respectively. While operating an agreed service on a specified route, the airline designated by each Contracting Party shall enjoy, in addition to the rights specified in paragraph 1 of this article, the right to make stops in the territory of the other Contracting Party, at the points specified and to the extent specified for each route in the route schedule, for the purpose of taking on board and discharging passengers, cargo and mail, separately or in combination, in scheduled international air services.
3 - Nothing in paragraph 2 of this article shall be deemed to confer on the designed airline of one Contracting Party the privilege of taking on board, in the territory of the other Contracting Party, passengers, cargo and mail, carried for hire or remuneration and destined for another point in the territory of that other Contracting Party.
4 - If because of armed conflict, political disturbances or developments, or special and unusual circumstances, the designated airline of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate rearrangements of such routes, including the grant of rights for such time as may be necessary to facilitate viable operations. The provisions of this paragraph shall be applied without discrimination between the designated airlines of the Contracting Parties.
Article 3
Designation and authorization of airlines
1 - Each Contracting Party shall have the right to designate, by diplomatic note, to the other Contracting Party an airline for the purpose of operating the agreed services on the specified routes.
2 - On receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraphs 3 and 4 of this article, grant without delay to the airline so designated the appropriate authorizations.
3 - The aeronautical authorities of either Contracting Party may require the airline designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescrited under the laws and regulations normally and reasonably applied by such authorities, to the operation of international air services in conformity with the provisions of the Convention.
4 - Each Contracting Party shall have the right to refuse to grant the operating authorizations referred to in paragraph 2 of this article, or to impose such conditions as it may deem necessary on exercising the rights specified in article 2 of this Agreement, in any case where the said Contracting Party designated the airline are vested in the Contracting Party designated the airline or in its nationals or its national corporations.
5 - When an airline has been so designated and authorised it may operate the agreed services, in whole or in part, provided that:
a) A tariff is established in accordance with the provisions of article 8 of this Agreement and is in force in respect of each operated service;
b) A time schedule for agreed services is approved by the aeronautical authorities in accordance with the provisions of article 6.
Article 4
Revocation or suspension of operating authorizations
1 - Each Contracting Party shall have the right to revoke any operating authorization or to suspend the exercise of the rights specified in article 2 of this Agreement by the airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights:
a) In any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline, or in nationals or national corporations of such Contracting Party; or
b) In the case of failure by that airline to comply with the laws and regulations of the Contracting Party granting these rights; or
c) In case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
2 - Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this article is essential to prevent further infringements of laws and regulations, such rights shall be exercised only after consultation with the other Contracting Party in conformity with article 14 of this Agreement.
Article 5
Application of laws, regulations and procedures
1 - The laws, regulations and procedures of one Contrating Party relating to the admission to, remaining, in, or departure from its territory of aircraft engaged in international air services or to the operation and navigation of such aircraft shall be complied with by the designated airline of the other Contracting Party upon entrance into, departure from and while within the said territory.
2 - The laws, regulations and procedures of one Contracting Party respecting entry, clearance, transit, immigration, passports, customs, currency, sanitary requirements and quarantine shall be complied with by the designated airline of the other Contracting Party and by or on behalf of its crews, passengers, cargo and mail upon transit of, admission to, departure from and while within the territory of such a Contracting Party.
3 - Neither of the Contracting Parties shall give preference to its own or any other airline over an airline engaged in similar international air services of the other Contracting Party in the application of its regulations specified in paragraphs 1 and 2 of this article or in the use of airports, airways, air traffic services and associated facilities under its control.
4 - The operation of the agreed services shall be carried out in an atmosphere of technical and commercial cooperation between the designated airlines so as to foster the progressive development of economical air transport services, at reasonable load factors, rates and fares. And to this effect, the Contracting Parties shall use their best efforts to prevent the provision of excessive capacity, discrimination, unjust measures, or destructive competition practices.
Article 6
Principles governing operating of agreed services
1 - There shall be fair and equal opportunity for the designated airline of each Contracting Party to operate the agreed services on the specified routes between and beyond their respective territories.
2 - In operating the agreed services, the designated airline of each Contracting Party shall take into account the interests of the designated airline of the other Contracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same routes.
3 - The agreed services provided by the designated airlines of the Contracting Parties shall bear close relationship to the requirements of the public for transportation on the specified routes, and shall have as their primary objective the provision, at a reasonable load factor, or capacity adequate for the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail, originating from or destined for the territory of the Contracting Party which has designated for the territory of the Contracting Party which has designated the airline. Provisions for the carriage of passengers, cargo and mail both taken on board and discharged at points on the specified routes in the territory of States other than that designating the airline shall be made in accordance with the general principles that capacity shall be related to:
a) Traffic requirements to and from the territory of the Contracting Party which designated the airline;
b) Traffic requirements of the area through which the agreed services passes, after taking account of other transport services established by airlines of the States comprising the area; and
c) The requirements of through airline operations.
4 - The operation of the agreed services shall be carried out in an atmosphere of technical and commercial cooperation between the designated airlines so as to foster the progressive development of economical air transport services, at reasonable load factors, rates and fares. And to this effect, the Contracting Parties shall use their best efforts to prevent the provision of destructive competition practices.
Article 7
Airline commercial representation
1 - The designated airline of one Contracting Party shall be entitled, in accordance with the laws and regulations relating to entry, residence, and employment of the other Contracting Party, to establish offices and or representation and to bring in and maintain in the territory of the other Contracting Party those of its own managerial, technical, operational and other specialist staff who are required for the provision of air services.
2 - The ground handling operations of either designated airline shall be undertaken as authorised by the appropriate authorities.
3 - Each Contracting Party shall grant the designated airline of the other Contracting Party the right to engage in the sale of air transportation in its territory directly and, at the airline's discretion, through its agents.
Each designated airline shall have the right to sell such transportation, in the currency of that territory.
4 - Each Contractint Party shall grant the designated airline of the other Contracting Party the right of free transfer, in accordance with its foreign exchange regulations and requirements of the excess of receipts over expenditures, earned in its territory, in connection with the transportation of passengers cargo, and mail, at the official rate of exchange.
Article 8
Tariffs and commissions
1 - The tariffs to be charged by the designated airlines of a Contracting Party for services covered by this Agreement shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, characteristics of service, commission rates, reasonable profit, and the tariffs of other airlines.
2 - The tariffs referred to in paragraph 1 of this article shall, if possible, be agreed by the designated airlines concerned of both Contracting Parties, after discussion with their respective governments and if necessary in consultation with other airlines operating over the whole or part of the route. Such agreement shall, wherever possible, be reached through the appropriate international rate fixing machinery.
3 - The tariffs so agreed, as well as joint tariff agreements presented by a single airline on behalf of all airlines concerned shall be submitted for the approval of the aeronautical authorities of both Contracting Parties together with such justification as the aeronautical authorities may require, at least 60 days before the proposed date of introduction of the tariffs. In special cases, the period may be reduced, subject to the agreement of the said authorities.
4 - This approval may be given expressly. However, if neither of the aeronautical authorities of the Contracting Parties has expressed disapproval within 30 days from the date of submission, in accordance with paragraph 2 of this article, these tariffs shall be considered as approved. In the event of the period for submission being reduced, as provided for in paragraph 2, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than 30 days.
5 - If a tariff cannot be agreed in accordance with paragraph 2 of this article, or if during the period applicable in accordance with paragraph 4 of this article, one aeronautical authority gives the other aeronautical authority notice of disapproved of the tariff agreed in accordance with the provisions of paragraph 2 of this article such authorities shall endeavour to determine the tariff by mutual agreement.
6 - A tariff established in accordance with the provisions of this article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than 12 months after the date at which it would otherwise have expired.
7 - The aeronautical authorities of each Contracting Party shall exercise their best efforts to ensure that the designated airlines conform to the agreed tariffs filed with the aeronautical authorities of the Contracting Parties, and that no airline rebates any portion of such tariffs by any means, directly or indirectly.
8 - Without prejudice to the application of the provisions of the preceding paragraphs of this article, the designated airlines shall be allowed to match, on sectors of the agreed services on which they exercise fifth freedom traffic rights, tariffs applied by the third and fourth freedom airlines on the same sectors.
The prices applied by the fifth freedom airlines shall not be lower and the tariff conditions shall not be less restrictive than those of the said third and fourth freedom airlines.
9 - The Contracting Parties shall endeavour to ensure that active and effective machinery exists within their jurisdictions to investigate violations by any airline of tariffs established in accordance with this article.
Article 9
User charges airport and air navigation
Each Contracting Party may impose or permit to be imposed just and reasonable charges for the use of public airports and other air navigation facilities under its control, provided that such charges shall not be higher than the charges imposed for the use of such airports and facilities by aircraft of its national airlines engaged in similar international air services.
Article 10
Custom duties and other charges
1 - Aircraft operated on international services by the designated airline of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants, and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempted from custom duties, inspection fees and other duties or charges on arriving in the territory of the other Contracting 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 service performed:
a) The aircraft stores taken on board in the territory of either Contracting Party, within limits fixed by the authorities of one Contracting Party, and for use on board outbound aircraft engaged in an international service by the designated airline of the other Contracting Party;
c) Fuel and lubricants destined to supply outbound aircraft operated on international services by the designated airline of the other Contracting Party, even when these supplies are to be used on the part of the journey performed over the territory of the Contracting Party in which they are taken abroad.
3 - Materials referred to in sub-paragraphs a), b) and c) above 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 of the designated airline of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of such territory. In such case, they may be placed under the supervision of said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
5 - Baggage and cargo in direct transit shall be exempt from customs duties and other charges.
Article 11
Exchange of statistics and information
The aeronautical authorities of both Contracting Parties shall, on request as promptly as possible, exchange the following statistics and information:
1) Adequate information relevant to the operation of the agreed services by their designated airlines, particularly the applicable tariffs, schedules and the capacity provided on each of the specified routes, as well as any information pertaining to the requirements of this Agreement;
2) Statistics relating to the traffic carried by their designated airlines, on the agreed services;
3) Information concerning operating authorizations issued to their respective designated airline.
Article 12
Certifications and licences
1 - Certificates of airworthiness, certificates of competency, and licences issued or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the air services provided for in this Agreement, provided that the requirements under which such certificates or licences were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention.
2 - However, each Contracting Party reserves the right, to refuse to recognize as valid for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.
Article 13
Aviation security and facilitation
1 - The Contracting Parties reaffirm that their obligation to protect, in their mutual relationship, the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.
2 - The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of aircraft and other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities and any other threat to aviation security.
3 - The Contracting Parties shall act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970 and the Convention for the Suppression of Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.
4 - The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions 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 the Parties; they shall require that operators of aircraft of their registry or operators who have their principal place of business or permanent residence in their territory act in conformity with such aviation security provisions.
5 - Each Contracting Party agrees to observe the security provisions required by the other Contracting Party and to take adequate measures to inspect passengers, crew, their carry-on itens as well as cargo prior to boarding or loading. Such Contracting Party shall also give positive consideration to any request from the other Contracting Party for special security measures for its aircraft or passengers to meet a particular threat.
6 - When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
7 - Should a Contracting Party depart from the aviation security provisions of this article, the aeronautical authorities of the other Contracting Party may request immediate consultations with the aeronautical authorities of that Party in conformity with article 14 of this Agreement.
8 - Passengers, baggage and cargo in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against violence and air piracy, be subject to no more than a simplified control.
Article 14
Consultations
Either Contracting Party may at any time request consultations on the implementation, interpretation, application or amendment of this Agreement or compliance with its provisions. Such consultations shall begin within a period of 60 days from the date the other Contracting Party receives the request, unless otherwise agreed by the Contracting Parties.
Article 15
Settlement of disputes
1 - If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation.
2 - If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body, or either Contracting Party may submit the dispute for decision to a tribunal of three arbitrators.
3 - The arbitral tribunal shall be constituted as follows: each of the Contracting Parties shall nominate an arbitrator within a period of 60 days from the date of receipt, by one Contracting Party, through diplomatic channels, of a request for arbitration from the other Contracting Party. These two arbitrators shall by agreement appoint a third arbitrator within a further period of 60 days. The third arbitrator shall be a national of a third State, shall act as president of the tribunal and shall determine the place where arbitration will be held. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the president of the council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires.
4 - The Contracting Parties undertake to comply with any decision or award given under paragraphs 2 and 3 of this article. If either Contrating Party fails to comply with such decision, the other Contracting Party shall have grounds for the application of article 4 of this Agreement.
5 - The expenses of the arbitral tribunal shall be shared equally between the Contracting Parties.
Article 16
Amendments and modifications
1 - Any amendments or modifications of this Agreement agreed by the Contracting Parties shall be approved by each Contracting Party in accordance with its constitutional procedures and shall come into force when confirmed by an exchange of diplomatic notes.
2 - Amendments or modifications relating only to the route schedule may be effected by direct agreement between the aeronautical authorities of the Contracting Parties and shall come into force as soon as they are confirmed by an exchange of diplomatic notes.
Article 17
Conformity with multilateral convention
The present Agreement and its annex shall be deemed to be amended without further agreement as may be necessary to conform with any multilateral convention or agreement which may become binding on both Contracting Parties.
Article 18
Registration with the International Civil Aviation Organization
This Agreement and all amendments or modifications thereto shall be registered with the International Civil Aviation Organization.
Article 19
Termination
1 - Either Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case, the Agreement shall terminate 12 months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period.
2 - In the absence of acknowledge of receipt by the other Contracting Party, notice shall be deemed to have been received 14 days after the receipt of the notice by the International Civil Aviation Organization.
Article 20
Entry into force
This Agreement shall come into force when the Contracting Parties, by an exchange of diplomatic notes, notify each other of the completion of their constitutional requirements.
In witness whereof the undersigned, duly authorized thereto by the respective governments, have signed this Agreement.
Done in two originals in the English and Portuguese languages on this 5th day of May 1994, in the English and Portuguese languages, both texts being equally authentic.
For the Government of the Portuguese Republic:
Luís Palha da Silva.
For the Government of the Republic of Zimbabwe:
Denis Norman.
ANNEX
Scheduled air services
(ver documento original)
Notes
1 - Any of the points on the specified routes in schedules I and II of this annex may at the option of the designated airline of either Contracting Party be omitted on any or all flights, provided that these flights originate in the territory of the Contracting Party designating the airline.
2 - The designated airline of either Contracting Party shall have the right to terminate its services in the territory of the other Contracting Party.
3 - Intermediate and beyond points can be changed at the discretion of the designated airline with prior notice to the other designated airline and the respective aeronautical authorities.
4 - The airline designated by either Contracting Party may not operate more than three intermediate/beyond points, at its option on the above specified routes, and shall have the right to carry traffic in passengers, cargo and mail between that Contracting Party's own territory and such points.