1. členArticle 1
2. člen zakona o ratifikaciji Sporazuma med Republiko Slovenijo in Republiko Portugalsko o zračnem prometu (Uradni list Republike Slovenije – Mednarodne pogodbe, št. 7/97) se spremeni tako, da se besedilo sporazuma v angleškem jeziku nadomesti z besedilom, ki se glasi, kot sledi: The REPUBLIC OF SLOVENIA and 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 develop co-operation in the field of air transport, and desiring to establish the necessary basis for the operation of scheduled air services have agreed as follows: 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 Slovenia, the Ministry of Transport and Communications, Civil Aviation Authority, and in the case of the Republic of Portugal, the Directorate General of 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; 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 any 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 inseparable part thereof. 1. Each Contracting Party grants to the designated airlines of the other Contracting Party the following rights in respect of its scheduled international air services and non-scheduled services: a) the right to fly across its territory without landing; b) the right to make stops in its territory for non-traffic purposes. 2. Each Contracting Party grants to the designated airlines of the other Contracting 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 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 Contracting 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 Contracting Party at the points specified for that route in the Schedule to this Agreement for the purpose of taking on board and discharging passengers, baggage and cargo including mail. 3. Nothing in paragraph 2 of this Article shall be deemed to confer on designated airline of one Contracting Party the right of taking up, in the territory of the other Contracting Party, passengers, baggage, cargo or mail carried for remuneration or hire and destined for another point in the territory of the other Contracting Party. 4. If because of armed conflict, political disturbances or developments, or special and unusual circumstances, 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. 1. Each Contracting Party shall have the right to designate one or more airlines 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 aeronautical authorities of 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 airlines. 3. The aeronautical authorities of one Contracting Party may require the airlines designated by the other Contracting Party to satisfy them that they are 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 flight-schedules have been approved and tariffs are in force in respect of those services, as required respectively under Article 14 and Article 16 of this Agreement. 6. Each Contracting Party shall have the right to withdraw, by written notification to the other Contracting Party, the designation of any of its airline and to substitute it by the designation of another airline. 1. The aeronautical authorities of 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 an 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 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 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 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 thirty
(30)days from the date of the proposal to hold it if not otherwise agreed. 1. The laws, regulations and procedures 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 upon entering into or departing from or while within the territory of that Party. 2. The laws, regulations and procedures 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. 3. Neither Contracting Party may grant any preference to its own airlines with regard to the designated airlines of the other Contracting Party in the application of the laws and regulations provided for in this Article. 1. Aircraft operated on international services by the designated airlines 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 exempt 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 airlines 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 airlines of the other Contracting Party; c) fuel and lubricants destined to supply outbound aircraft operated on international services by the designated airlines 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 aboard. 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 airlines 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. The exemptions provided for by this Article shall also be available in situations where the designated airlines of either Contracting Party have entered into arrangements with another airline or airlines for the loan or transfer in the territory of the other Contracting 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 Contracting Party. Charges for the use of airport and air navigation facilities and services offered by one Contracting Party to the designated airlines of the other Contracting Party shall not be higher than those which have to be paid by national aircraft operating on similar scheduled international services. Such charges shall be just and reasonable and shall be based on sound economic principles. 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. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes. 1. Certificates of airworthiness, certificates of competency and licences issued, or validated, by one Contracting Party and unexpired shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the specified routes, provided always that such certificates or licences were issued, or validated, in conformity with the standards established under the Convention. 2. Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party. 1. Consistent with their rights and obligations under international law, the Contracting 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 Contracting Parties shall in particular 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 Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971 and its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports serving International Civil Aviation, signed at Montreal on 24 February 1988, when it will become binding on both Contracting Parties. 2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation. 3. The 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 Contracting 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 and the operators of airports in their territory act in conformity with such aviation security provisions. 4. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 above required by the other Contracting Party for entry into, departure from, or while within, the territory of that other Contracting Party. Each Contracting 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 Contracting Party shall also give sympathetic consideration to any request from the other Contracting 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 Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof. 1. The designated airlines of each Contracting Party shall be allowed: a) to establish in the territory of the other Contracting Party offices for the promotion of air transportation and sale of air tickets as well as other facilities required for the provision of air transportation: b) to bring in and maintain in the territory of the other Contracting Party – in accordance with the laws and regulations of that other Contracting Party relating to entry, residence and employment – managerial, sales, technical, operacional and other specialist staff required for the provision of air transportation, and c) in the territory of the other Contracting Party to engage directly and, at that airlines’ discretion, through its agents in the sale of air transportation. 2. Each airline shall have the right to sell such 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. 3. For the commercial activities the same principles shall apply to the designated airlines of both Contracting Parties. The competent authorities of each Contracting Party will take all necessary steps to ensure that the representations of the airlines designated by the other Contracting Party may exercise their activities in an orderly manner. Each Contracting Party grants to the designated airlines of the other Contracting 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, 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. 1. There shall be fair and equal opportunity for the designated airlines of both Contracting 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 Contracting Party shall take into account the interests of the designated airlines of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same routes. 3. The agreed services provided by the designated airlines of the Contracting 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, at a reasonable load factor, of capacity adequate to carry the current and reasonably anticipated traffic requirements, including seasonal variations for the carriage of passengers, baggage, cargo and mail, both taken up and put down at points on the specified routes in the territory of the Contracting Party which has designated the airlines. 4. Any provision for the carriage of passengers, baggage, cargo and mail both taken up and discharged at points on the specified routes in the territories of States other than that designating the airlines 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 has designated the airlines; b) traffic requirements of the area through which the agreed services pass, after taking account of other air transport services established by airlines of the States comprising the area; and c) the requirements of through airline operation. 5. The designated airlines shall endeavour to agree on the total capacity to be provided on such services. 6. Each designated airline shall submit to the aeronautical authorities of both Contracting Parties, for approval, the capacity to be provided by it on the agreed services. 7. The total capacity to be provided on the agreed services by the designated airlines of the Contracting Parties shall be approved by the aeronautical authorities of the Contracting Parties before commencement of operations, and thereafter according to anticipated traffic requirements. Such approval shall take into consideration any written submissions as to capacity made by the designated airlines. 8. In the event that the aeronautical authorities of one Contracting Party does not approve the capacity submitted, it shall request consultation in accordance with Article 17 of this Agreement. 9. If, on review, the Contracting Parties fail to agree on the capacity to be provided on the agreed services, the capacity that may be provided by the designated airlines of the Contracting Parties shall not exceed the total capacity, including seasonal variations, previously agreed to be provided. 1. The flight schedules of the agreed services and in general the conditions of their operation shall be submitted by the designated airlines of one Contracting Party to the approval of the aeronautical authorities of the other Contracting Party at least thirty
(30)days before the intended date of their implementation. Any significant modification to such schedules 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 ad hoc modifications or in case of ad hoc supplementary flights, the designated airlines of one Contracting Party shall request prior permission to the aeronautical authorities of the other Contracting 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. 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. 1. The tariffs to be charged by the designated airlines 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 forty five
(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. 4. This approval may be given expressly. If neither of the aeronautical authorities has expressed disapproval within thirty
(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 than thirty
(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 20 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 twelve
(12)months after the date on which it otherwise would have expired. 8. 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 illegally rebates any portion of such tariffs by any means directly or indirectly. 1. In order to ensure close co-operation concerning all the issues related to the implementation and application 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 sixty
(60)days from the date of written request by one Contracting Party, unless otherwise agreed by both Contracting Parties. 1. If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, it may at any time request consultation to the other Contracting Party. Such consultation shall begin within a period of sixty
(60)days from the date of the request, unless otherwise agreed. 2. Any amendment or modification of this Agreement shall be settled between the Contracting Parties according to their own constitutional procedures and shall come into 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. 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. 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 some person or body, or the dispute may at the request of either Contracting Party be submitted for decision to an arbitral tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty
(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 sixty
(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. 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. 1. 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 twelve
(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 acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen
(14)days after the receipt of the notice by the International Civil Aviation Organization. 2. In case any of the designated airlines is operating the agreed services, the validity of the Agreement shall be extended until the end of the period of the approved time-table. This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization. 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 at this day of 23 May 1995 in Ljubljana in two originals in the Slovenian, the Portuguese and English languages, all texts being equally authentic. In case of any divergence of implementation, interpretation or application, the English text shall prevail. For the Republic of Slovenia Zoran Thaler, (s) For the Republic of Portugal Vitor Martins, (s) 1. Route to be operated in both directions by the airlines designated by the Government of the REPUBLIC OF PORTUGAL: Points in Portugal – intermediate point – Ljubljana – point beyond 2. Route to be operated in both directions by the airlines designated by the Government of the REPUBLIC OF SLOVENIA: Points in Slovenia – intermediate point – Lisbon – point beyond 3. To operate services on the route referred to in paragraph 1 of this Section, the airlines designated by the Government of the REPUBLIC OF PORTUGAL shall have the right: a) To put down in Ljubljana international traffic in passengers, cargo and mail taken on in Portugal; b) To take on in Ljubljana international traffic in passengers, cargo and mail destined for Portugal. 4. To operate services on the route referred to in paragraph 2 of this Section the airlines designated by the Government of the REPUBLIC OF SLOVENIA shall have the right: a) To put down in Lisbon international traffic in passengers, cargo and mail taken on in Slovenia; b) To take on in Lisbon international traffic in passengers, cargo and mail destined for Slovenia. 5. The designated airlines of both Contracting Parties may omit calling at any of the above- mentioned points provided that Ljubljana and Lisbon are not so omitted. Inclusion or omission of such points shall be announced to the public in due time. The designated airlines of either Contracting Party may use one intermediate point and/or one point beyond on the above specified routes – such points to be established between the aeronautical authorities of the Contracting Parties – and shall have the right to carry traffic in passengers, cargo and mail between that Contracting Party’s own territory and such points. The designated airlines 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 the intermediate point and/or the point beyond referred to in Section II on the routes specified in Section I, subject to an agreement to be established between the aeronautical authorities of the two Contracting Parties.