Common use of Designation and Authorization Clause in Contracts

Designation and Authorization. 1. Each Party shall have the right to designate one or more airlines for the purpose of operating the Agreed Services and to withdraw or alter the designation of any such airline or to substitute another airline for one previously designated. Such designation may specify the scope of the authorization granted to each airline in relation to the operation of the Agreed Services. Designations and any changes thereto shall be made in writing and shall be transmitted to the other Party through diplomatic channels. 2. On receipt of such a designation, substitution or alteration thereto, and on application from the Designated Airline in the form and manner prescribed, the other Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline(s) designated the appropriate operating authorizations. 3. One Party may require an airline designated by the other Party to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of International Air Services by such authority in conformity with the provisions of the Convention. 4. Each Party shall grant the operating authorizations referred to in paragraph (2) of this Article, provided that: a) in the case of an airline designated by Portuguese Republic: i. it is established in the Territory of Portuguese Republic under the EU Treaties and has a valid Operating Licence granted by a Member State in accordance with European Union law; and ii. effective regulatory control of the airline is exercised and maintained by the Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and iii. the airline has its principal place of business in the Territory of the Member State from which it has received the valid Operating Licence; and iv. the airline is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex 2 to this Agreement and/or nationals of such other states. b) in the case of an airline designated by the UAE: i. it is established in the Territory of the UAE and is licensed in accordance with the applicable law of the UAE; and ii. the UAE has and maintains effective regulatory control of the airline. c) the airline is in compliance with the provisions set forth in Article 10 (Safety) and Article 12 (Aviation Security). 5. When an airline has been so designated and authorized, it may begin at any time to operate the Agreed Services in whole or in part, provided that a timetable is established in accordance with Article 15 of this Agreement in respect of such services.

Designation and Authorization. 1. Each Party The Contracting Parties shall have the right to designate one or more airlines for the purpose of operating the Agreed Services agreed services and to withdraw or alter the designation of any such airline or to substitute another airline for one previously designated. Such designation may specify the scope of the authorization granted to each airline in relation to the operation of the Agreed Servicesagreed services. Designations and any changes thereto shall be made in writing and shall be transmitted to the other Party through diplomatic channels. 2. On receipt of such a notice of designation, substitution or alteration thereto, and on application from the Designated Airline designated airline in the form and manner prescribed, the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline(s) designated the appropriate operating authorizations. 3. One The Aeronautical Authority of one Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of International Air Services international air services by such authority in conformity with the provisions of the Convention. 4. Each Contracting Party shall have the right to refuse to grant the operating authorizations referred to in paragraph (2) of this Article, provided that: aor to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in paragraph 2 (c) of Article 2 of this Agreement, in any case where, subject to any special agreement between the case of an airline designated by Portuguese Republic: i. Contracting Parties, it is established in not satisfied that the Territory of Portuguese Republic under the EU Treaties and has a valid Operating Licence granted by a Member State in accordance with European Union law; and ii. effective regulatory control of the designated airline is exercised established and maintained by the Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and iii. the airline has its principal place of business in the Territory territory of the Member State from which it has received the valid Operating Licence; and iv. the airline is owned, directly or through majority ownership, designating Contracting Party and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex 2 to this Agreement and/or nationals of such other states. b) in the case of an airline designated by the UAE: i. it is established in the Territory of the UAE and is licensed in accordance with the applicable law of the UAE; and ii. the UAE has and maintains effective regulatory control of the airline. c) designated airline is exercised and maintained by the Contracting Party designating the airline and that the Contracting Party designating the airline is in compliance with the provisions set forth in Article 10 (Safety) and Article 12 (Aviation Security). 5. When an airline has been so designated and authorized, it may begin at any time to operate the Agreed Services agreed services in whole or in part, provided that a timetable is established in accordance with Article 15 of this Agreement in respect of such services.