Entrada em vigor
O presente Acordo será provisoriamente aplicado a partir da data da sua assinatura e 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 Atenas, no dia 16 de Maio de 1986, em duplicado, na língua inglesa.
Pelo Governo da República de Portugal:
O Ministro dos Negócios Estrangeiros, Pedro Pires de Mirando.
Pelo Governo da República Helénica:
O Ministro dos Negócios Estrangeiros, Karolos Papoulias.
ANEXO
SECÇÃO I
1 - Rotas a explorar nos dois sentidos pela empresa designada pelo Governo da República de Portugal:
Pontos em Portugal-pontos intermédios-Atenas-pontos além.
2 - Rotas a explorar nos dois sentidos pela empresa designada pelo Governo da República Helénica:
Pontos na Grécia-pontos intermédios-Lisboa-pontos além.
3 - Para explorar os serviços referidos no parágrafo 1 desta secção, a empresa designada pelo Governo da República de Portugal terá direito a:
a) Desembarcar em Atenas tráfego internacional de passageiros, carga e correio embarcado no território de Portugal;
b) Embarcar em Atenas tráfego internacional de passageiros, carga e correio destinado ao território de Portugal.
4 - Para explorar os serviços definidos no parágrafo 2 desta secção, a empresa designada pelo Governo da República Helénica terá direito a:
a) Desembarcar em Lisboa tráfego internacional de passageiros, carga e correio embarcado no território da Grécia;
b) Embarcar em Lisboa tráfego internacional de passageiros, carga e correio destinado ao território da Grécia.
5 - As empresas designadas de ambas as Partes Contratantes poderão deixar de fazer escala em qualquer dos pontos acima referidos, desde que os pontos na Grécia e em Portugal não sejam omitidos. A inclusão ou omissão desses pontos deverá ser anunciada ao público em devido tempo.
SECÇÃO II
A empresa designada de qualquer das Partes Contratantes poderá utilizar um ou vários pontos intermédios e ou pontos além, à sua escolha, nas rotas acima especificadas, e terá o direito de transportar tráfego de passageiros, carga e correio entre o seu próprio território e esses pontos.
SECÇÃO III
A empresa designada de qualquer das Partes Contratantes poderá embarcar ou desembarcar no território da outra Parte Contratante tráfego internacional de passageiros, carga e correio destinado ou proveniente de pontos intermédios e ou pontos além nas rotas especificadas na secção I, mediante acordo a estabelecer entre as empresas designadas e a aprovar pelas autoridades aeronáuticas de ambas as Partes Contratantes.
AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE HELLENIC REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF PORTUGAL
The Government of the Hellenic Republic and the Government of the Republic of Portugal, hereinafter called «the Contracting Parties»:
Being parties to the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of December, 1944;
Desiring to conclude an Agreement for the purpose of establishing air services between their respective territories;
have agreed as follows:
Article 1
Definitions
1 - For the purpose of the Agreement, unless the context otherwise requires:
a) The term «aeronautical authorities» shall mean, in the case of the Republic of Portugal, the Directorate General of Civil Aviation and, in the case of the Hellenic Republic, the Governor of the Civil Aviation Authority 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 «designated airline» shall mean an airline which has been designated and authorized 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 schedules attached to the present Agreement and any clauses or notes appearing in such annex.
2 - The annex to this Agreement is considered an unseparable part thereof.
Article 2
Operating rights
1 - Each Contracting Party grants to the other Contracting Party the rights described in the present Agreement and its annex, for the establishment of scheduled international air services on the routes specified in the annex. Such services and routes are hereinafter called «the agreed services» and «the specified routes» respectively.
2 - The airline designated by each Contracting Party shall enjoy the following rights:
a) To fly without landing across the territory of the other Contracting Party;
b) To make stops in the said territory for non-traffic purposes;
c) To make stops in the said territory for the purpose of putting down and taking on passengers, mail and cargo coming from or destined for points on the specified routes, subject to the provisions of this Agreement and its annex.
3 - Nothing in this article shall be deemed to confer on the airline of one Contracting Party the right of taking on in the territory of the other Contracting Party passengers, cargo and mail carried for remuneration or hire and destined for another point in the said territory (cabotage).
Article 3
Designation of airlines
1 - Each Contracting Party shall have the right to designate one airline for the purpose of operating the agreed services on the specified routes. The notification of such designation shall be made, in writing, by the aeronautical authorities of the Contracting Party having designated the airline to the aeronautical authorities of the other Contracting Party.
2 - On receipt of such notification, the other Contracting Party, subject to the provisions of paragraphs 3 and 4 of this article, shall grant without delay the appropriate operating authorization to the designated airline.
3 - The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Convention.
4 - Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph 2 of this article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in article 2 of this Agreement, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.
5 - When an airline has been so designated and authorized, it may begin at any time to operate the agreed services, provided that time-tables have been approved and tariffs are in force in respect of those services, as required respectively under article 12 and article 14 of this Agreement.
Article 4
Revocation, suspension and limitation of rights
1 - Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in article 2 of the present 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 substancial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in nationals of such Contracting Party; or
b) In the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights; or
c) In case the airline fails to operate in accordance with the conditions prescribed under the present 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 or regulations, such right shall be exercised only after consultation with the other Contracting Party. Such consultation shall take place within a period of 30 days from the date of the request to hold it.
Article 5
Entry and clearance laws and regulations
1 - The laws and regulations of a Contracting Party relating to the admission to, sojourn in, or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of both Contracting Parties without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that Party.
2 - The laws and regulations of a Contracting Party relating to the admission to, sojourn in, or departure from its territory of passengers, crew cargo and mail transported on board the aircraft, such as regulations relating to entry, clearance, immigration, passports, customs and sanitary control, shall be complied with by or on behalf of such passengers, crew, cargo and mail upon entrance into or departure from or while within the territory of that Party.
Article 6
Custom duties and other charges
1 - Aircraft operated on international services by the designated airline of their Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubrificants, and aircraft stores (including food, beverages and tobacco) on board such aircraft, shall be exempted from custom duties, inspection fees and other duties or taxes 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) 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;
b) Spare parts and regular equipment entered into the territory of either Contracting Party for the maintenance or repair of aircraft used on international services by the designated airline of the other Contracting Party;
c) Fuel and lubrificants 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 on board.
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.
Article 7
Passengers and cargo in direct transit
Passengers in direct transit across the territory of either Contracting Party shall be subject to no more than a very simplified control in so far as security requirements so permit. Baggage and cargo in direct transit shall be exempt from custom duties and other similar taxes.
Article 8
Security
The Contracting Parties agree to provide all practicable aid to each other with a view to suppressing the unlawful seizure of aircraft and other unlawful acts against aircraft, airports and air navigation facilities, and threats to aviation security.
The Contracting Parties shall have regard to the provisions of the Convention on Offences and Certain Other Acts Committed on Board the Aircraft, signed at Tokyo on September 14th, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on December 16th, 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23rd, 1971. When incidents or threats of unlawful seizure of aircraft or other unlawful acts against aircraft, airports or air navigation facilities occur, the Contracting Parties shall expedite and facilitate communications to the extent practicable under the circumstances so as to terminate such incidents rapidly and safely.
Article 9
Transfer of earnings
1 - Each designated airline shall have the right to engage in the sale of air transportation in the territory of the other Contracting Party directly and, at its discretion, through its agents. Such airline shall have the rights to sell such transportation, and any person shall be free to purchase such transportation.
2 - Each designated airline shall have the right to convert and remit to its country on demand, at the official rate of exchange, the excess of receipts over expenditures achieved in connection with the carriage of passengers, cargo and mail. In the absence of the appropriate provisions of a payments agreement, the above mentioned transfer shall be made in convertible currencies and in accordance with the national laws and foreign exchange regulations applicable.
Article 10
Representation
Each Contracting Party shall grant the designated airline of the other Contracting Party on a basis of reciprocity, the right to bring and maintain on its territory, for the performance of the agreed services, the technical and commercial personnel as may be required by the extent of such services. The above personnel shall be subject to the laws and regulations relating to the admission and stay in the territory of that Contracting Party.
Article 11
Capacity
1 - There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services between their territories. In operating such 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 specified route.
2 - The total capacity to be provided shall be maintained in equilibrium with the traffic requirements between the territories of the Contracting Parties and shall as far as possible be equally divided between the designated airlines.
3 - Provided that the designated airlines of both Contracting Parties are operating the hereunder agreed services, they shall agree on the frequency and capacity of the services to be offered on the specified routes. The frequency and capacity shall be subjected to the approval of the aeronautical authorities of both Contracting Parties. Such capacity shall be adjusted from time to time to traffic requirements and such adjustments shall also be submitted to the approval of the aeronautical authorities of both Contracting Parties.
4 - In order to meet unexpected traffic demands of a temporary character, the designated airlines may, notwithstanding the provisions of this article, agree between them to such temporary increases as is necessary to meet the traffic demand. Every such increase of capacity shall be notified without delay to the aeronautical authorities of the Contracting Parties for approval.
5 - In the case where the designated airline of one Contracting Party operates via intermediate points and or points beyond the territory of the other Contracting Party, a capacity additional to that established in accordance with paragraphs 2 to 4 above may be operated by that airline subject to agreement between the aeronautical authorities of the Contracting Parties.
6 - In so far as the designated airline of one Contracting Party may not wish, permanently or temporarily, to operate, in full or in part, the capacity to wish it is entitled under the preceding paragraphs, that airline may arrange with the designated airline of the other Contracting Party, under terms and conditions to be agreed between them and submitted to the approval of their respective aeronautical authorities, for the second airline to operate additional capacity so as to maintain the full capacity agreed upon between them in accordance with the preceding paragraphs. It shall, however, be a condition of any such arrangements that, if the first designated airline at any time decides to commence to operate, or to increase the capacity of its services within the total capacity to which it is entitled, and gives reasonable advance notice thereof, the second designated airline shall withdraw correspondingly some or all of the additional capacity which it had been operating.
Article 12
Approval of conditions of operation
The time-tables of the agreed services and, in general, the conditions of their operation shall be submitted by the designated airline of one Contracting Party to the approval of the aeronautical authorities of the other Contracting Party at least 30 days before the intended date of their implementation. Any modification to such time-tables or conditions of their operation shall also be submitted to the aeronautical authorities for approval. In special cases, the above set time limit may be reduced subject to the agreement of the said authorities.
Article 13
Statistics
The aeronautical authorities of one Contracting Party shall supply the aeronautical authorities of the other Contracting Party, at their request, with such statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services.
Article 14
Tarifs
1 - The tariffs to be charged by the designated airline of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit and the tariffs of other airlines operating the whole or part of the same route.
2 - The tariffs referred to in paragraph 1 of this article shall, if possible, be agreed by the designated airlines of both Contracting Parties, after consultation, if necessary, with other airlines operating over the whole or part of the route, and such agreement shall, wherever possible, be reached by the use of the procedures of the International Air Transport Association for the working out of tariffs.
3 - The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least 60 days before the proposed date of their introduction.
In special cases, this period may be reduced, subject to the agreement of the said authorities.
4 - This approval may be given expressly. If neither of the aeronautical authorities has expressed disapproval within 30 days from the date of submission, in accordance with paragraph 3 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 3 of this article, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less 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 its disapproval of any tariff agreed in accordance with the provisions of paragraph 2, the aeronautical authorities of the two Contracting Parties shall endeavour to determine the tariff by mutual agreement.
6 - If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 3 of this article, or on the determination of any tariff under paragraph 5 of this article, the dispute shall be settled in accordance with the provisions of article 18 of this Agreement for the settlement of disputes.
7 - 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 on which it otherwise would have expired.
Article 15
Consultations
1 - In order to ensure close co-operation concerning all the issues related to the implementation of this Agreement, the aeronautical authorities of each Contracting Party shall consult each other whenever it becomes necessary, on request of either Contracting Party.
2 - Such consultations shall begin within a period of 60 days from the date of written request by the other Contracting Party, unless otherwise agreed by both Contracting Parties.
Article 16
Modification of Agreement
1 - If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, it way, at any time, request consultation to the other Contracting Party. Such consultation shall begin within a period of 60 days from the date of the request.
2 - Any amendment of modification of this Agreement shall be settled between the Contracting Parties according to their own constitutional procedures and shall come info effect when it has been confirmed by an exchange of notes through diplomatic channels.
3 - Modification to the annex may be effected by direct agreement between the aeronautical authorities of the Contracting Parties and shall come into force by an exchange of notes through diplomatic channels.
Article 17
Conformity with multilateral convention
In the event that both Contracting Parties will have accepted a general multilateral air transport convention, the provisions of such convention shall prevail over the provisions of this Agreement.
Article 18
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 direct negotiations.
2 - If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to same person or body, or the dispute may, at the request of either Contracting Party, be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Part and the thrid to be appointed by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of 60 days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute and the third arbitrator shall be appointed within a further period of 60 days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified or the third arbitrator is not appointed, 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. In such case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral body.
3 - The Contracting Parties undertake to comply with any decision given under paragraph 2 of this article.
4 - If and so long as either Contracting Party or the designated airline of either Contracting Party fails to comply with the decision given under paragraph 2 of this article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by vertue of this Agreement to the Contracting Party in default.
5 - Each Contracting Party shall pay the expenses of the arbitrator it has nominated. The remaining expenses of the arbitral tribunal shall be shared equally by the Contracting Parties.
Article 19
Termination
Either Contracting Party may, at any time, give notice to the other Contracting Party of its decision to terminate the present 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. In the absence of acknowledgment 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 Internacional Civil Aviation Organization.
Article 20
Entry into force
This Agreement shall be applied provisionally from the date of its signature and shall come into force when Contracting Parties, by an exchange of diplomatic notes, notify each other of the completion of their constitucional requirements.
In witness thereog the undersigned, duly authorized thereto by the respective Governments, have signed this Agreement.
Done in Athens on the 16th day of May, 1986, in duplicate in the English language.
For the Government of the Hellenic Republic:
The Minister of Foreign Affairs, Karolos Papoulias.
For the Government of the Republic of Portugal:
The Minister of Foreign Affairs Pedro Pires de Miranda
ANNEX
SECTION I
1 - Routes to be operated in both directions by the airline designated by the Government of the Republic of Portugal:
Points in Portugal-intermediate points-Athenspoints beyond.
2 - Routes to be operated in both directions by the airlines designated by the Government of the Hellenic Republic:
Points in Greece-intermediate points-Lisbon-points beyond.
3 - To operate the services referred to in paragraph 1 of this section, the airline designated by the Government of the Republic of Portugal shall have the right:
a) To put in Athens international traffic in passengers, cargo and mail taken on in to territory of Portugal;
b) To take on in Athens international traffic in passengers, cargo and mail destined for the territory of Portugal.
4 - To operate the services defined in paragraph 2 of this section, the airline designated by the Government of the Hellenic Republic shall have the right:
a) To put down in Lisbon international traffic in passengers, cargo and mail taken on in the territory of Greece;
b) To take on in Lisbon international traffic in passengers, cargo and mail destined for the territory of Greece.
5 - The designated airlines of both Contracting Party's may omit calling at any of the above-mentioned points, provided that points in Greece and Portugal are not so omitted. Inclusion or omission of such points shall be announced to the public in due time.
SECTION II
The designated airline of either Contracting Party may use one or several intermediate points and or points beyond, at its choise, 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.
SECTION III
The designated airline of either Contracting Party may have the right to take on or put down in the territory of the other Contracting Party international traffic in passengers, cargo and mail destined for or originated at intermediate points and or points beyond on the routes specified in section I, subject to agreement to be established between the designated airlines to be approved by the aeronautical authorities of both Contracting Party's.