Agreement signed on the occasion of the visit of the President of Finland to Brazil - June 1, 2023

AIR SERVICES AGREEMENT BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL

AND THE REPUBLIC OF FINLAND

The Federative Republic of Brazil (“Brazil”)

 and

 the Republic of Finland (“Finland”),

hereinafter referred to as the "Parties";

Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944;

Desiring to promote their mutual relations in the field of civil aviation and to conclude an agreement for the purpose of establishing air services between and beyond their respective territories;

Desiring to promote an international aviation system based on competition among airlines in the marketplace with minimum government interference and regulation;

Desiring to facilitate the expansion of international air service opportunities;

Desiring to ensure the highest degree of safety and security in international air services and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation of air services and undermine public confidence in the safety of civil aviation;

Desiring to make it possible for airlines to offer the travelling and shipping public a variety of service options and wishing to encourage individual airlines to develop and implement innovative and competitive prices;

Have agreed as follows:

  

Article 1

Definitions

For the purposes of this Agreement, unless otherwise stated, the term:

1. "Aeronautical authorities" means, in the case of Finland, the Civil Aviation Authority, and in the case of Brazil, the Civil Aviation Authority, represented by the Civil Aviation Agency (ANAC) and any person or body authorised to perform any functions at present exercised by the said aeronautical authorities or similar functions;

2. "Agreement" means this Agreement, its Annex, and any amendments to the Agreement or to the Annex;

3. "Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes: any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by both Parties, and any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Parties;

4. "Designated airline" means an airline designated and authorised in accordance with Article 3 of this Agreement;

5. "Price" means any fare, rate or charge for the carriage of passengers (and their baggage) and/or cargo (excluding mail) in air service including surface transportation in connection with international air transportation, if applicable, charged by airlines, including their agents, and the conditions governing the availability of such fare, rate or charge;

6. “Territory”, “air service”, "international air service", “airline” and "stop for non-traffic purposes" have the meaning specified in Articles 2 and 96 of the Convention;

7. "User charges" means a charge imposed on airlines for the provision of airport, air navigation or aviation security facilities or services including related services and facilities; and

8. "EU Treaties" means the Treaty on European Union and the Treaty on the Functioning of the European Union.

Article 2

Grant of Rights

1.           Each Party grants to the other Party the following rights in respect of international air 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  Party grants to the other  Party the rights specified in this Agreement for the purpose of operating international air services on the routes specified in the Annex 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, the right to make stops in the territory of the other Party at the points specified for that route in the Annex for the purpose of taking up and/or putting down international traffic in passengers, cargo and mail, separately or in combination.

3.           Each designated airline may, when operating an agreed service on a specified route, on any or all flights and at its option:

a.           Operate flights in either or both directions;

b.           Combine different flight numbers within one aircraft operation;

c.            Serve behind, intermediate, and beyond points and points in the territories of the Parties on the routes in any combination and in any order;

d.           Omit stops at any point or points;

e.           Transfer traffic from any of its aircraft to any other aircraft at any point on the routes;

f.            Serve points behind any point or points in its territory with or without change of aircraft or flight number and hold out and advertise such services to the public as through services;

g.           Make stopovers at any points whether within or outside the territory of the other Party;

h.           Carry transit traffic through the other Party’s territory; and

i.             Combine traffic on the same aircraft regardless of where such traffic originates;

without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement, provided that the service, except for all cargo services, serves a point in the territory of the Party designating the airline. 

4.           On any segment or segments of the routes above, any designated airline may perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated.

5.           Nothing in this Agreement shall be deemed to confer on a designated airline of one Party the right of taking on, in the territory of the other Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Party.

Article 3

Designation and Authorisation

1.           Each Party shall have the right to designate an airline or airlines for the purpose of operating the agreed services and to withdraw or alter such designations. Such designations shall be made in writing to the aeronautical authority of the other Party. 

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 procedural delay, provided:

a) in the case of an airline designated by Finland:

 (i) it is established in the territory of Finland under the EU Treaties and has a valid Operating Licence in accordance with European Union law; and

 (ii) effective regulatory control of the airline is exercised and maintained by the European Union Member State responsible for issuing its Air Operator Certificate and the relevant aeronautical authority is clearly identified in the designation;

b) in the case of an airline designated by Brazil:

 (i) it is established in the territory of Brazil and is licensed in accordance with the applicable law of Brazil, and

 (ii) Brazil has and maintains effective regulatory control of the airline;

c)            the designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air services by the  Party considering the application or applications.

3.           When an airline has been so designated and authorised it may begin at any time to operate the agreed services, provided that the airline complies with all applicable provisions of the Agreement.

Article 4

Revocation of Authorisation

1.           Either Party may revoke, suspend or limit the operating authorisation or technical permissions of an airline designated by the other Party where:

a) in the case of an airline designated by Finland:

 (i) it is not established in the territory of Finland under the EU Treaties or does not have a valid Operating Licence in accordance with European Union law; or

 (ii) effective regulatory control of the airline is not exercised or not maintained by the European Union Member State responsible for issuing its Air Operator Certificate, or the relevant aeronautical authority is not clearly identified in the designation;

b) in the case of an airline designated by Brazil:

 (i) it is not established in the territory of Brazil and is not licensed in accordance with the applicable law of Brazil; or

 (ii) Brazil is not maintaining effective regulatory control of the airline; or

c)            that airline has failed to comply with the laws and regulations referred to in Article 5 of this Agreement.

2.           Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of laws and/or regulations, such right shall be exercised only after consultations with the aeronautical authorities of the other Party. Such consultations shall begin within a period of fifteen (15) days from the date of a request for consultations or as otherwise agreed between the Parties.

Article 5

Application of Laws and Regulations

1.           The laws and regulations of one Party governing entry into, or departure from its territory of aircraft engaged in international air services or to the operation and navigation of such aircraft while within the said territory shall apply to the designated airlines of the other Party.

2.           The laws and regulations of one Party governing entry to, stay in or departure from its territory of passengers, crew, cargo or mail, such as formalities regarding entry, exit, emigration and immigration, customs, health and quarantine shall apply to passengers, crew, cargo and mail carried by the aircraft of the designated airlines of the other Party, while they are within the said territory.

3.           Passengers, baggage and cargo in direct transit across the territory of either Party and not leaving the area of the airport reserved for such purposes shall, except in respect of security measures against acts of violence, smuggling of narcotics and air piracy, be subject to no more than a simplified control.

4.           Neither Party shall give preference to its own or any other airline over a designated airline of the other Party engaged in similar international air services in the application of its immigration, customs, quarantine and similar regulations.

Article 6

Exemption from Taxes, Customs Duties and other Charges

1.           Aircraft operated on international air services by a designated airline of one Party, as well as their regular equipment, spare parts, supplies of fuel and lubricants, aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempted from all taxes, customs duties, inspection fees and other similar charges on arriving in the territory of the other Party, provided such equipment, spare parts, supplies and stores remain on board the aircraft up to such time as they are re-exported or are used or consumed by such aircraft on flights over that territory.

2.           There shall also be exempt from the taxes, duties, fees and charges referred to in paragraph 1 of this Article, with the exception of charges based on the cost of the service provided:

a)           aircraft stores taken on board in the territory of one  Party, within reasonable limits, for use on an outbound aircraft engaged in an international air service of a designated airline of the other Party;

b)           spare parts, including engines, introduced into the territory of one  Party for the maintenance or repair of aircraft engaged in an international air service of a designated airline of the other Party;

c)            fuel, lubricants and consumable technical supplies introduced into or supplied in the territory of one Party for use in an international air service of a designated airline of the other Party, even when these supplies are to be used on the part of the journey performed over the territory of the first mentioned Party, in which territory they are taken on board.

d)           airline documents, such as tickets and air waybills, as well as publicity and promotional material within reasonable limits, intended for use by a designated airline of one  Party and introduced into the territory of the other Party.

3.           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, supplies and spare parts normally retained on board aircraft operated by a designated airline of one Party, may be unloaded in the territory of the other Party only with the approval of the customs authorities of that Party. 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.           Baggage and cargo in direct transit across the territory of a Party shall be exempt from taxes, customs duties, fees and other similar charges not based on the cost of services on arrival or departure.

6.           The exemptions provided by this Article shall also be available where the designated airlines of one Party have contracted with another airline, which similarly enjoys such exemptions from the other Party, for the loan or transfer in the territory of the other Party of the items specified in paragraphs 1 and 2 of this Article.

7.           Nothing in this Agreement shall prevent Finland 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 air carrier of Brazil that operates between a point in the territory of Finland and another point in the territory of Finland or in the territory of another European Union Member State.

8.           Nothing in this Agreement shall prevent Brazil 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 air carrier of Finland that operates between a point in the territory of Brazil and another point in the territory of Brazil.

Article 7

Capacity provisions

1.           Each Party shall allow a fair and equal opportunity for the designated airlines of both  Parties to compete in providing and selling the international air services covered by this Agreement.

2.           Each Party shall allow each designated airline to determine the frequency and capacity of the international air services it offers based upon commercial considerations in the marketplace.

3.           Neither  Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by a designated airline of the other  Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.

4.           Neither Party shall impose on the other Party's designated airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement.

5.           Each Party may require the filing of traffic programmes and individual flights or operational plans by the designated airlines of the other Party. The administrative burden of filing requirements shall be minimized and all filings shall be dealt with promptly by the respective aeronautical authorities.

Article 8

Pricing

1.           Each Party shall allow prices for air services to be decided by each designated airline based on commercial considerations in the marketplace.

2.           Each Party may require notification to or filing with the authorities by the designated airlines of prices for transportation originating from its territory for information purposes. Such filing shall not be required to be done prior to the inauguration of the prices.

3.           Neither Party shall take unilateral action to prevent the inauguration or continuation of a price proposed to be charged or charged by a designated airline of either Party for international air transportation.

4.           If a Party believes that a price proposed to be charged by a designated airline of the other Party for international air transportation appears unjust, unreasonable or discriminatory, it shall request consultations and notify the other Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request, and the Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Parties reach agreement with respect to a price for which a notice of dissatisfaction has been given, each Party shall use its best efforts to put that agreement into effect. Without such mutual agreement to the contrary, the previously existing price shall continue in effect.

Article 9

Airline Representation and Sales

1.           The designated airlines of each Party shall have the right to freely establish and maintain in the territory of the other Party, within the scope of the laws and regulations in force therein, such offices and facilities, as well as administrative, commercial, technical, operational, and other specialist personnel as may be necessary for the requirements of the designated airline concerned.

2.           The designated airlines of the Parties shall be free to sell air transport and related services on their own transportation documents in the territories of both Parties, either directly or, at the air carrier's discretion, through an agent, other intermediaries appointed by the air carrier or through the internet or any other available channel in local currency or in any freely convertible other currency. Each Party shall refrain from restricting the right of a designated airline of the other Party to sell, and of any person to purchase such transportation.

3. The designated airlines of each Party shall be permitted to pay for local expenses, including, but not limited to, purchases of fuel, in the territory of the other Party in local currency. At their discretion, the designated airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies at the market rate of exchange.

4.           Each Party shall grant to a designated airline of the other Party the right to convert into freely convertible currencies and remit at any time, in any way, from its territory to the home territory of the air carrier and, except where inconsistent with national currency laws and regulations, to the country of its choice on demand local revenues in excess of sums locally disbursed. Such transfers shall be permitted on the date the carrier makes the initial application for remittance at the rate of exchange applicable to current transactions in effect at the time revenues are presented for conversion and remittance, and shall not, with the exception of normal banking charges and procedures, be subject to any charge, limitation or delay.

  

Article 10

Ground handling

Each designated airline shall have the right to provide their own ground handling services in the territory of the other Party or otherwise to contract these services out, in full or in part, at its option, with any of the suppliers authorized for the provision of such services. Where or as long as the laws and regulations applicable to ground handling in the territory of one  Party prevent or limit either the freedom to contract these services out or self-handling, each designated airline shall be treated on a non-discriminatory basis as regards their access to self-handling and ground handling services provided by a supplier or suppliers.

Article 11

User Charges

1.           User charges that may be imposed by the competent charging authorities or bodies of each  Party on the designated airlines of the other  Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the designated airlines of the other Party on terms not less favourable than the most favourable terms available to any other airline at the time the charges are assessed.

2.           User charges imposed on the designated airlines of the other Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation and aviation security facilities and services at the airport or within the airport system. Such full cost may include a reasonable return on assets after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis.

3.           Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made.

4.           Neither Party shall be held, in dispute resolution procedures pursuant to Article 16 of this Agreement, to be in breach of a provision of this Article, unless (i) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or (ii) following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.

  

Article 12

Flight Safety

1.           Each Party may request consultations at any time concerning safety standards maintained by the other Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft.  Such consultations shall take place within thirty (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 the areas mentioned in paragraph 1 that meet the standards established at that time pursuant to the Convention, the other  Party shall be informed of such findings and of the steps considered necessary to conform with those standards. The other Party shall then take appropriate corrective action within an agreed time period.

3.           Pursuant to Article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an airline of one Party, on service to or from the territory of the other Party, may, while within the territory of the other Party be the subject of a search by the authorised representatives of the other  Party, provided that this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the standards established at that time pursuant to the Convention.

4.           When urgent action is essential to ensure the safety of an airline operation, each Party reserves the right to immediately suspend or vary the operating authorisation of an airline or airlines of the other Party.

5.           Any action by one Party in accordance with paragraph 4 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.

6.           With reference to paragraph 2 above, if it is determined that a  Party remains in non-compliance with the standards established at that time pursuant to the Convention when the agreed time period has lapsed, the Secretary General of the International Civil Aviation Organization should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.

7.           Where one Party has designated an airline whose regulatory control is exercised and maintained by a third 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 third State and in respect of the operating authorisation of that airline.

Article 13

Aviation 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 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, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, and the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, as well as with any other agreement relating to the security of civil aviation which both Parties adhere to.

2.           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.

                

3.           The  Parties shall, as a minimum, act in conformity with the aviation security provisions and technical requirements established by the International Civil Aviation Organization and designated as Annexes to the Convention to the extent that such security provisions and requirements 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 the territory of Finland under the EU Treaties and have received an operating licence in accordance with European Union law and the operators of airports in their territory act in conformity with such aviation security provisions.

4.           Each Party agrees that such operators of aircraft shall be required to observe the aviation security provisions and requirements referred to in paragraph 3 above required by the other  Party for entry into, departure from, or while within the territory of that other  Party. For entry into, departure from, or while within the territory of Finland, operators of aircraft shall be required to observe aviation security provisions in conformity with European Union 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.           When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that  Party may request immediate consultations with the aeronautical authorities of the other  Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds to withhold, revoke, limit, or impose conditions on the operating authorisation and technical permissions of an airline or airlines designated by that Party. When required by an emergency, a Party may take interim action prior to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Party with the security provisions of this Article.

  

Article 14

Intermodal Services

Notwithstanding any other provision of this Agreement, designated airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction, to employ in connection with international air services any surface transportation for cargo to or from any points in the territories of the Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo air services. Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.

  

Article 15

Fair competition

Each Party shall, where necessary, take all appropriate action within its jurisdiction to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of the designated airlines of the other Party.

  

Article 16

Consultations and Settlement of Disputes

1.           In a spirit of close co-operation the aeronautical authorities of either Party may at any time request consultations related to the implementation, interpretation, application and satisfactory compliance with the provisions of this Agreement or compliance with this Agreement. Such consultations shall begin within a period of sixty (60) days from the date of the receipt of such a request, unless otherwise agreed between the aeronautical authorities.

2.           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 their dispute by bilateral negotiations.

3.           If the Parties fail to reach a settlement by negotiation, the dispute may at the request of either Party be submitted for decision to a tribunal of three arbitrators, one to be named by each Party and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either Party. Each of the Parties shall designate an arbitrator within a period of sixty (60) days from the date of receipt by either Party from the other Party of a diplomatic note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within a further period of sixty (60) days. If either of the Parties fails to designate its own arbitrator within the period of sixty (60) days or if the third arbitrator is not agreed upon within the period indicated, the President of the Council of the International Civil Aviation Organization may be requested by either Party to appoint an arbitrator or arbitrators. If the President is a national of the same country as one of the Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.

4.           Except as otherwise agreed, the arbitration tribunal shall determine the limits of its jurisdiction in accordance with this Agreement and shall establish its own procedure. At the direction of the tribunal or at the request of either of the Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held no later than fifteen (15) days after the tribunal is fully constituted.

5.           Except as otherwise agreed by the Parties or prescribed by the tribunal, each Party shall submit a memorandum within forty-five (45) days of the time the tribunal is fully constituted. Replies shall be due sixty (60) days later. The tribunal shall hold a hearing, at the request of either Party or at its discretion, within fifteen (15) days after replies are due.

6.           The tribunal shall attempt to render a written decision within thirty (30) days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision of the majority of the tribunal shall prevail.

7.           The Parties may submit requests for clarification of the decision within fifteen (15) days after it is rendered and any clarification given shall be issued within fifteen (15) days of such request.

8.           The decision of the tribunal shall be binding on the Parties.

9.           The expenses of the tribunal shall be shared equally between the Parties.

10.         If and so long as either Party fails to comply with any decision given under paragraph 3 of this Article, the other Party may withhold, revoke, suspend or limit any rights or privileges which it has granted by virtue of this agreement to the Party in default or to the designated airline or airlines in default.

  

Article 17

Amendments

1.           If either of the Parties considers it desirable to modify any provision of this Agreement, it may request consultations with the other Party. Such consultations shall begin within a period of sixty (60) days from the date of the request, unless both Parties agree to an extension of this period. Any modification agreed in such consultations shall be approved by each Party in accordance with its legal procedures and shall enter into force on the first day of the second month after the Parties have notified each other through diplomatic channels that these procedures have been complied with.

2.           Notwithstanding the provisions of paragraph 1 of this Article, amendments relating only to the Annex may be agreed upon between the aeronautical authorities of the Parties and shall become effective as agreed between them subject to the national laws and regulations of the Parties.

  

Article 18

Multilateral Conventions

If any multilateral convention concerning air transportation enters into force in respect of both Parties, the provisions of such convention shall prevail. Consultations in accordance with Article 16 of this Agreement may be held with a view to determining the extent to which this Agreement is affected by the provisions of the said multilateral convention.

  

Article 19

Termination

1.           Either Party may at any time give notice to the other Party of its decision to terminate this Agreement. Such notice shall simultaneously be communicated to the International Civil Aviation Organization.

2.           In such case this Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Party unless the notice is withdrawn by agreement of the Parties prior to the expiry of such period. In the absence of acknowledgement of receipt by the other Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

  

Article 20

Registration with ICAO

This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.

  

Article 21

Entry into force

This Agreement shall enter into force on the first day of the second month after the Parties have notified each other through diplomatic channels that the procedures necessary for the entry into force of this Agreement have been completed.

  

IN WITNESS WHEREOF the undersigned being duly authorized thereto by their respective Governments, have signed this Agreement in duplicate in the Finnish, Swedish, Portuguese and English languages, all texts being authentic. In case of any divergence of interpretation of this Agreement, the English text shall prevail.

Done in Brasília, on June 1, 2023, in two original copies.

FOR THE FEDERATIVE REPUBLIC OF BRAZIL                         FOR THE REPUBLIC OF FINLAND

MARIA LAURA DA ROCHA                                                           JOHANNA KARANKO

Minister, ad interim, of Foreign Affairs                                            Ambassador of Finland to Brazil

- - - - - - - - - - - - - - - - 

ANNEX

to the Air Services Agreement between the Republic of Finland

and the Federative Republic of Brazil

1.           Routes which may be operated by the designated airlines of Brazil, in both directions:

Points of origin                Intermediate points        Points of Destination      Points beyond

Any points in Brazil          Any points                          Any points in Finland       Any points

The designated airlines of Brazil may, at any given time, exercise fifth freedom traffic rights to intermediate points and/or to beyond points. Such intermediate and beyond points may be freely chosen and altered by the airlines of Brazil.

The designated airlines of Brazil may, at any given time, exercise seventh freedom traffic rights for all cargo services.

2.           Routes which may be operated by the designated airlines of Finland, in both directions:

Points of origin                 Intermediate points        Points of Destination      Points beyond

Any points in Finland       Any points                          Any points in Brazil          Any points

 The designated airlines of Finland may, at any given time, exercise fifth freedom traffic rights to intermediate points and/or to beyond points. Such intermediate and beyond points may be freely chosen and altered by the airlines of Finland.

The designated airlines of Finland may, at any given time, exercise seventh freedom traffic rights for all cargo services.

3.           Any designated airline of one Party may subject to the laws and regulations of both Parties, enter into co-operative marketing arrangements such as blocked-space or code sharing arrangements, with:

(a) An airline or airlines established in the territory of either Party, or

(b) An airline or airlines of a third Party. Should such third Party not authorise or allow comparable arrangements between the designated airlines of the other Party and other airlines on services to, from and via such third country, the  Parties have the right not to accept such arrangements.

The above provisions are, however, subject to the condition that:

(a) operating airlines in such arrangements hold the appropriate traffic rights and

(b) all the airlines meet the requirements applied to such arrangements regarding information to customers and filing or approval procedures, if required.