Entrada em vigor
O presente Acordo entrará em vigor 30 dias após a data da recepção da última notificação, por via diplomática, de que foram cumpridos os respectivos requisitos de direito interno necessários para o efeito.
Ao entrar em vigor, o presente Acordo terminará o Acordo entre a República de Portugal e a República Democrática e Popular da Argélia Relativo aos Transportes Aéreos, assinado em Argel em 4 de Outubro de 1977.
Em fé do que os signatários, devidamente autorizados para o efeito pelos respectivos Governos, assinaram o presente Acordo.
Feito em Lisboa, aos 31 dias do mês de Maio de 2005, nas línguas portuguesa, árabe e inglesa, sendo todos os textos igualmente autênticos. Em caso de divergência de interpretação, prevalecerá a versão inglesa.
Pela República Portuguesa:
Mário Lino, Ministro das Obras Públicas, Transportes e Comunicações.
Pela República Democrática e Popular da Argélia:
Abdelaziz Belkhadem, Ministro de Estado, Representante Pessoal do Presidente da República.
ANEXO
Secção 1 - rotas a serem operadas em ambos os sentidos pelas empresas designadas da República Portuguesa:
Portugal - pontos intermédios - um ponto na Argélia - pontos além.
Secção 2 - rotas a serem operadas em ambos os sentidos pelas empresas designadas da República Democrática e Popular da Argélia:
Argélia - pontos intermédios - um ponto em Portugal - pontos além.
Notas
1 - As empresas designadas de cada Parte podem, em alguns ou em todos os voos, omitir escalas em quaisquer pontos intermédios e ou além acima mencionados, desde que os serviços acordados nessa rota comecem ou terminem no território da Parte que designou a empresa.
2 - As empresas designadas de cada Parte podem seleccionar quaisquer pontos intermédios e ou além à sua própria escolha e podem mudar a sua selecção na estação seguinte na condição de que não sejam exercidos direitos de tráfego entre aqueles pontos e o território da outra Parte.
3 - O exercício dos direitos de tráfego de quinta liberdade nos pontos intermédios e ou além especificados será objecto de acordo entre as autoridades aeronáuticas de ambas as Partes.
(ver texto em língua árabe no documento original)
AGREEMENT ON AIR TRANSPORT BETWEEN THE PORTUGUESE REPUBLIC AND THE PEOPLE'S DEMOCRATIC REPUBLIC OF ALGERIA.
The Portuguese Republic and the People's Democratic Republic of Algeria, hereinafter referred to as «the Parties», being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944:
Desiring to organize, in a safe and orderly manner, international air services and to promote in the greatest possible measure international cooperation in respect of such services; and
Desiring to establish an Agreement to foster the development of scheduled air services between and beyond its territories;
agree as follows:
Article 1
Definitions
1 - For the purpose of the present Agreement:
a) The term «Convention» shall mean the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, including 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 Parties;
b) The term «aeronautical authorities» shall mean, in the case of the Portuguese Republic, the National Institute of Civil Aviation and, in the case of the People's Democratic Republic of Algeria, the ministry responsible for civil aviation or, in both cases, any person or body authorized to perform any functions at present exercised by the said authorities or similar functions;
c) The term «designated airline» shall mean any airline which has been designated and authorised in accordance with article 3 of the present Agreement;
d) The term «territory» shall have the meaning assigned to it in article 2 of the Convention;
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 cargo and the conditions under which those prices apply, including prices and conditions for agency and other ancillary 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. The annex to this Agreement is considered an integrant part thereof.
Article 2
Operating rights
1 - Each Party grants to the designated airlines of the other 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 Party grants to the designated airlines of the other Party the rights hereinafter specified in this Agreement for the purpose of operating scheduled international air services on the routes specified in the appropriate section of the route schedule annexed to this Agreement. Such services and routes are hereinafter called «the agreed services» and «the specified routes» respectively. While operating an agreed service on a specified route the airlines designated by each Party shall enjoy in addition to the rights specified in paragraph 1 of this article and subject to the provisions of this Agreement, the right to make stops in the territory of the other Party at the points specified for that route in the route schedule to this Agreement for the purpose of taking on board and disembarking passengers, baggage, cargo and mail.
3 - Nothing in paragraph 2 of this article shall be deemed to confer on the designated airlines of one Party the right of embarking, in the territory of the other Party, traffic carried for remuneration or hire and destined for another point in the territory of that Party.
4 - If the designated airlines of one Party are unable to operate services on its normal routing because of armed conflict, political disturbances, or special and unusual circumstances the other Party shall make 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 norm shall be applied without discrimination between the designated airlines of the Parties.
Article 3
Designation and operating authorization of airlines
1 - Each Party shall have the right to designate two airlines for the purpose of operating the agreed services on the routes specified in the annex and to withdraw or alter such designations. Those designations shall be made in writing and shall be transmitted to the other Party through diplomatic channels.
2 - On receipt of such a designation, and of applications from the designated airline, in the form and manner prescribed for operating authorisations and technical permissions, the other Party shall grant the appropriate authorisations and permissions with minimum procedure delay, providing that:
a) In the case of an airline designated by the Portuguese Republic:
i) It is established in the territory of the Portuguese Republic under the Treaty establishing the European Community and has a valid operating licence in accordance with European Community law;
ii) Effective regulatory control of the airline is exercised and maintained by the European Community Member State responsible for issuing its air operator's certificate and the relevant aeronautical authority is clearly identified in the designation; and
b) In the case of an airline designated by the People's Democratic Republic of Algeria:
i) It is established in the territory of the People's Democratic Republic of Algeria and has a valid operating licence in accordance with Algerian law;
ii) Effective regulatory control of the airline is exercised and maintained by the People's Democratic Republic of Algeria;
c) The designated airline is qualified to meet the conditions prescribed under the legislation normally applied to the operation of international air services by the Party considering the application or applications.
Article 4
Revocation, suspension and limitation of rights
1 - Each Party shall have the right to revoke, to suspend or to limit the operating authorisations or technical permissions of an airline designated by the other Party of the rights specified in article 2 of the present Agreement, or to submit the exercise of those rights to the conditions considered necessary, where:
a) In the case an airline designated by the Portuguese Republic:
i) It is not established in the territory of the Portuguese Republic under the Treaty establishing the European Community or does not have a valid operating licence in accordance with European Community law;
ii) Effective regulatory control of the designated airline is not exercised or not maintained by the European Community Member State responsible for issuing its air operator's certificate, or the relevant aeronautical authority is not clearly identified in the designation; or
b) In the case of an airline designated by the People's Democratic Republic of Algeria:
i) It is not established in the territory of the People's Democratic Republic of Algeria and does not have a valid operating licence in accordance with Algerian law;
ii) Effective regulatory control of the airline is not exercised or not maintained by the People's Democratic Republic of Algeria;
c) In the case the designated airline fails to meet the conditions prescribed under the legislation normally applied to the operation of international air services by the Party considering the application or applications; or
d) In the case of failure by such airline to comply with the legislation of the Party granting these rights; or
e) In the case the airline fails to operate the agreed services 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 the legislation that right shall be exercised only after consultation with the other Party. The consultation shall take place within a period of 30 days from the date of the proposal to hold it if not otherwise agreed.
Article 5
Entry and clearence laws and regulations
1 - The legislation and procedures of one 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 Parties upon entering into or departing from or while within the territory of the first Party.
2 - The legislation and procedures of one Party relating to the admission to, sojourn in, or departure from its territory of passengers, crew, baggage, cargo and mail transported on board the aircraft, such as legislation relating to entry, clearance, immigration, passports, customs and sanitary control shall be complied with by the airline of the other Party or on behalf of such passengers, crew, entity entitled of baggage, cargo and mail upon entrance into or departure from or while within the territory of this Party.
Article 6
Customs duties and other charges
1 - Aircraft operating on international services by the designated airlines 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 custom duties, inspection fees and other duties or taxes 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 service performed:
a) Aircraft stores taken on board in the territory of either Party, within limits fixed by the authorities of one Party, and for use on board outbound aircraft engaged in international air services by the designated airlines of the other Party;
b) Spare parts and regular equipment entered into the territory of either Party for the maintenance or repair 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 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 of the designated airlines of either Party, may be unloaded in the territory of the other Party only with the approval of the customs authorities of that territory. In such case, they may be placed under the supervision of the said 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:
a) 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 People's Democratic Republic of Algeria that operates between points in the territory of the Portuguese Republic or in the territory of another European Community Member State;
b) The People's Democratic Republic of Algeria 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 Portuguese Republic that operates between points in the territory of the People's Democratic Republic of Algeria.
Article 7
User charges
1 - Each Party may impose or permit to be imposed just and reasonable charges for the use of airports, other facilities and air services under its control.
2 - Those charges shall not be higher than the charges imposed upon aircraft of the designated airlines of each Party engaged in similar international services.
3 - Such charges shall be just and reasonable and shall be based on sound economic principles.
Article 8
Traffic in direct transit
Traffic in direct transit across the territory of either Party and not leaving the area of the airport reserved for such purpose shall, 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, be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from custom duties, charges and other similar taxes.
Article 9
Recognition of certificates and licences
1 - Certificates of airworthiness, certificates of competency and licences issued, or validated, in accordance with the rules and procedures of one Party and unexpired shall be recognised as valid by the other Party for the purpose of operating the agreed services, provided always that such certificates or licences were issued, or validated, are equal or above the minimum standards established under the Convention.
2 - Paragraph 1 also applies with respect to an airline designated by the Portuguese Republic whose regulatory control is exercised and maintained by another European Community Member State.
3 - Each Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licences granted or validated to its own nationals by the other Party or by any other State.
Article 10
Commercial representation
1 - The designated airlines of each Party shall be allowed:
a) To establish in the territory of the other Party offices for the promotion of air transportation and sale of air tickets as well as, in accordance with the legislation of such other Party, other facilities required for the provision of air transportation;
b) To bring in and maintain in the territory of the other Party - in accordance with the legislation of such other Party relating to entry, residence and employment - managerial, sales, technical, operational and other specialist staff required for the provision of air transportation; and
c) In the territory of the other Party to engage directly and, at the airlines discretion, through its agents in the sale of air transportation.
2 - The competent authorities of each Party will take all necessary steps to ensure that the representation of the airlines designated by the other Party may exercise their activities in an orderly manner.
Article 11
Commercial activities
1 - The designated airlines of each Party shall have the right to sell, in the territory of the other Party, air transportation and any person shall be free to purchase such transportation in the currency of that territory or in freely convertible currencies of other countries in accordance with the foreign exchange regulations in force.
2 - For the commercial activities all principles mentioned in paragraph 1 shall apply to the designated airlines of both Parties.
Article 12
Conversion and transfer of revenues
Each Party grants to the designated airlines of the other Party the right of free transfer, at the official rate of exchange, of the excess of receipts over expenditures achieved in connection with the carriage of passengers, baggage, cargo and mail on the agreed services in the territory of the other Party.
Article 13
Capacity
1 - There shall be fair and equal opportunity for the designated airlines of both Parties to operate the agreed services on the specified routes between their respective territories.
2 - In operating the agreed services, the designated airlines of each Party shall take into account the interests of the designated airlines of the other 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 Parties shall bear a close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision of capacity adequate to carry the current and reasonably anticipated traffic requirements, including seasonal variations for the carriage of traffic embarked or disembarked in the territory of the Party which has designated the airlines.
4 - The frequency and capacity to be provided for the carriage between their respective territories shall be notified to the aeronautical authorities of both Parties.
5 - Provision for the carriage of traffic embarked in the territory of the other Party and disembarked at points in third countries on the specified routes or vice versa shall be made in accordance with the general principles that capacity shall be related to:
a) The requirements of traffic embarked or disembarked in the territory of the Party, which has designated the airlines;
b) The requirements of traffic of the area through which the airline passes, after taking account of the other air transport services established by airlines of the States situated in the area; and
c) The requirements of economical through airline operation.
6 - The capacity for the carriage of traffic referred to in paragraph 5 above shall be subject to the approval of the aeronautical authorities of both Parties.
7 - In the event that the aeronautical authorities of the Parties do not fall in agreement upon the capacity submitted to them under paragraph 6 above, the matter shall be dealt with in accordance with article 20 of this Agreement.
8 - If the aeronautical authorities of the Parties fail to agree on the capacity to be provided under paragraph 5 above, the capacity that may be provided by the designated airlines of the Parties shall not exceed the total capacity, including seasonal variations, previously agreed to be provided.
Article 14
Approval of conditions of operation
1 - The time-tables of the agreed services and in general the conditions of their operation shall be submitted or notified as provided in article 13, as may be the case, at least 30 days before the intended date of their implementation. Any significant 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.
2 - For minor modifications or in case of supplementary flights, the designated airlines of one Party shall notify the aeronautical authorities of the other Party at least four-working days before their intended operation. In special cases, this time limit may be reduced subject to agreement of the said authorities.
Article 15
Safety
1 - Each Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Party. Such consultations shall take place within 30 days of that request.
2 - If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Party shall notify the other Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Party shall take appropriate corrective action. Failure by the other Party to take appropriate action within 15 days or such longer period as may be agreed, shall be grounds for the application of article 4 of this Agreement.
3 - Notwithstanding the obligations mentioned in article 33 of the Convention, it is agreed that any aircraft operated by the designated airlines of one Party on services to or from the territory of the other Party may, while within the territory of the other Party, be made the subject of an examination by the authorized representatives of the other Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (called «ramp inspection»), provided this does not lead to unreasonable delay.
4 - If any such ramp inspection or series of ramp inspections gives rise to serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the Party carrying out the inspection shall, for the purposes of article 33 of the Convention, be free to conclude that the requirements under which the certificate or licences in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention.
5 - In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by a designated airline of one Party in accordance with paragraph 3 above is denied by the representative of that designated airline, the other Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above arise and draw the conclusions referred in that paragraph.
6 - Each Party reserves the right to suspend or vary the operating authorization of the designated airline of the other Party immediately in the event the first Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of the airlines' operation.
7 - Any action by one Party in accordance with paragraphs 2 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist.
8 - Where one Party has designated an airline whose regulatory control is exercised and maintained by an European Community Member State, the rights of the other Party under this article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that European Community Member State and in respect of the operating authorisation of that airline.
Article 16
Security
1 - Consistent with their rights and obligations under international law, the Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of:
a) The Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963;
b) The Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970;
c) The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, and its Supplementary Protocol for the Suppression Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988;
d) The Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991;
and any aviation security agreement that becomes binding on both Parties.
2 - The Parties shall, in their mutual relations, act as a minimum, in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes to the Convention to the extent that such security provisions are applicable to the Parties; 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 are established in their territory under the Treaty establishing the European Community and have received valid operating licences in accordance with European Community law and the operators of airports in their territory act in conformity with such aviation security provisions.
3 - 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.
4 - Each Party agrees that such operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 2 above required by the other Party for entry into the territory of that other Party and also for departure from, or while within, the territory of the People's Democratic Republic of Algeria. For departure from, or while within, the territory of the Portuguese Republic, operators of aircraft shall be required to observe aviation security provisions in conformity with European Community law. 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.
6 - If a Party has occasional problems in the context of the present article on safety of civil aviation, the aeronautical authorities of both Parties may request immediate consultations with the aeronautical authorities of the other Party.
Article 17
Computer reservation systems
Each Party shall apply the International Civil Aviation Organization Code of Conduct for the Regulation and Operation of Computer Reservation Systems within its territory consistent with other applicable laws, regulations and obligations concerning computer reservation systems.
Article 18
Provision of statistics
The aeronautical authorities of one Party shall supply the aeronautical authorities of the other Party, at their request, with such statistics as may be reasonably required for information purposes.
Article 19
Tariffs
1 - The tariffs to be charged by the designated airlines of one Party for carriage to or from the territory of the other 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 shall be submitted for the approval of the aeronautical authorities of both Parties at least 45 days before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities.
3 - This approval may be given expressly. If neither of the aeronautical authorities has expressed disapproval of the proposed tariffs within 30 days from the date of submission, in accordance with the previous number of this article, these tariffs shall be considered as approved. In the event of the period for submission being reduced, as provided for in the previous number, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than 30 days.
4 - If, during the period applicable in accordance with paragraph 3 of this article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of any tariff, the aeronautical authorities of the two Parties shall endeavour to determine the tariff by mutual agreement.
5 - If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 2 of this article, or on the determination of any tariff under paragraph 4 of this article, the dispute shall be settled in accordance with the provisions of article 22 of this 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 on which it otherwise would have expired.
7 - The Parties may interview to disapprove a tariff. This intervention shall be limited to:
a) The protection of consumers from tariffs that are excessive due to the abuse of market power;
b) The prevention of tariffs whose application constitutes anti-competitive behaviour which has or is likely to have or is explicitly intended to have the effect of preventing, restricting or distorting competition or excluding a competitor from the route.
8 - Notwithstanding the provisions of the present article, the tariffs to be charged by the designated airlines of the People's Democratic Republic of Algeria for carriage wholly within the European Community shall be subject to European Community law.
Article 20
Consultations
1 - In order to ensure close cooperation concerning all the issues related to the interpretation and application of this Agreement, the aeronautical authorities of each Party shall consult each other whenever it becomes necessary, on request of either Party.
2 - Such consultations shall begin within a period of 45 days from the date the other Party has received the written request.
Article 21
Amendments
1 - If either Party considers it desirable to modify any provision of this Agreement, it may at any time request consultation to the other Party. Such consultation shall begin within a period of 60 days from the date the other Party has received the written request.
2 - The amendments resulting from the consultations referred to in the previous number shall enter into force according to what is established in article 25.
Article 22
Settlement of disputes
1 - If any dispute arises between the Parties relating to the interpretation or application of this Agreement, the Parties shall in the first place endeavour to settle it by negotiation through diplomatic channels.
2 - If the Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some entity, or the dispute may at the request of either Party be submitted for decision to an arbitral tribunal of three arbitrators, one to be nominated by each Party and the third to be appointed by the two so nominated.
3 - Each of the Parties shall nominate an arbitrator within a period of 60 days from the date of receipt by either Party from the other of a notice through diplomatic channels requesting arbitration and the third arbitrator shall be appointed within a further period of 60 days.
4 - If either of the 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 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.
5 - The Parties undertake to comply with any decision given under paragraph 2 of this article.
6 - If and so long as either Party or the designated airlines of either Party fail to comply with the decision given under paragraph 2 of this article, the other Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Party in default.
7 - Each Party shall pay the expenses of the arbitrator it has nominated. The remaining expenses of the arbitral tribunal shall be shared equally by the Parties.
Article 23
Duration and termination
1 - This Agreement shall remain in force for an undetermined period.
2 - Each Party may, at any time, terminate this Agreement.
3 - The termination must be notified to the other Party and, simultaneously, to the International Civil Aviation Organisation, producing its effects 12 months after the receipt of the notification by the other Party.
4 - In case of failure of information to the other Party of the receipt of the notification, notice shall be deemed to have been received 14 days after the receipt of the notice by the International Civil Aviation Organisation.
Article 24
Registration
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.
Article 25
Entry into force
This Agreement shall enter into force 30 days after the date of the receipt of the last notification, through diplomatic channels, indicating that all the internal procedures required for the purpose have been fulfilled.
Upon entry into force, the Agreement shall terminate the Agreement between the Portuguese Republic and the People's Democratic Republic of Algeria relating to Air Transport, signed at Algiers on the 4th of October 1977.
In witness whereof the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.
Done in Lisbon, on the thirty-one of May of two thousand and five, in the Portuguese, Arabic and English languages, all texts being equally authentic. In case of divergence of interpretation, the English version shall prevail.
For the Portuguese Republic:
Mário Lino, Minister of Public Works, Transports and Communications.
For the People's Democratic Republic of Algeria:
Abdelaziz Belkhadem, Minister of State, Personal Representative of the President of the Republic.
ANNEX
Section 1 - routes to be operated in both directions by the designated airlines of the Portuguese Republic:
Portugal - intermediate points - a point in Algeria - points beyond.
Section 2 - routes to be operated in both directions by the designated airlines of the People's Democratic Republic of Algeria:
Algeria - intermediate points - a point in Portugal - points beyond.
Notes
1 - The designated airlines of each Party may on any or all flights omit calling at any of the intermediate and or beyond points mentioned above provided that the agreed services on the route begin or end in the territory of the Party who has designated the airline.
2 - The designated airlines of each Party may select any intermediate and or beyond points at its own choice and may change its selection in the next season on condition that no traffic rights are exercised between those points and the territory of the other Party.
3 - The exercise of the fifth freedom traffic rights on specified intermediate and or beyond points shall be subject to agreement between the aeronautical authorities of both Parties.