Key Benefits:
Sanctioned: May 22, 2002.
Enacted: June 13, 2002.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Appropriate the Agreement on TRANSVERSAL FLUVIAL TRANSPORT FRONTERIZE OF PASAJEROS, VEHICLES AND CHARGS BETWEEN THE ARGENTINA REPUBLIC AND THE FEDERAL REPUBLIC DEL BRAZIL, signed in Rio de Janeiro .REPUBLICA FEDERATIVA DEL BRASIL. on 27 April 1997, which consists of VEINTIUN (21) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the Executive.DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, 22 MAY 2002.
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EDUARDO O. CHANGE. . JUAN C. MAQUEDA. . Eduardo D. Rollano. . Juan C. Oyarzún.
FLUVIAL TRANSPORT AGREEMENT
TRANSVERSAL
FRONTERIZE OF PASAJEROS, VEHICULOS
AND CARGAS BETWEEN THE
REPUBLIC OF ARGENTINA AND THE REPUBLIC
BRAZIL FEDERATIVA
Argentina
and
The Federal Republic of Brazil, henceforth the Parties,
Aware of the mutual advantages arising from a more intense regular exchange between border regions,
Taking into account the need to expand the means of transport between the two countries, in order to enable the expansion of trade and tourism,
Insurance that the establishment of a joint regulation of cross-border traffic of passengers, vehicles and cargoes, between the two countries, will contribute to the intensification of such exchange, and
Recognizing that through a bilateral agreement, the comprehensive management of such services shall be obtained,
Agree to the following:
ARTICLE 1 . The cross-border river transport of passengers, vehicles and cargoes between ports or border points of both countries will be carried out on Argentine flagships and on Brazilian flagships through regular services.
It is understood by regular service the provider permanently for a minimum period of one year, in a specified traffic, with preset frequencies and schedules.
ARTICLE 2° . The public transport service covered by this Agreement shall be provided exclusively by national natural persons of one of the Parties or legal persons legally authorized by one of the States Parties.
Upon authorizing the initiation or cancellation of a service, the competent authority shall communicate it in writing to the competent authority of the other country within 48 hours.
ARTICLE 3° . In the document in which the competent authority extends the authorization for the provision of the service, it shall consist of the frequency and schedules of the travels to be made, the conditions of transport indicating the affected vessels and the freight and ticket fees that will be charged, conditions that will become obligations to be fulfilled by the service providers and which will be controlled by the competent authorities of the Parties.
ARTICLE 4° . The transport of link between two ports or border crossing points will be served with flag units of the respective countries, according to the principles of reciprocity and equality of opportunity, in the use of ports and means of transport.
ARTICLE 5° . The number of transport units for each service will be agreed between the Parties, according to the needs of the Party.
The frequency of travel, timetables, freight rates and passages, as well as the conditions of transport, shall be freely fixed by the assignees of both Parties, having the same to communicate to the respective competent authorities.
Communications should be forwarded to the respective competent authorities, prior to the initiation of a service or the modification of travel frequencies, schedules, freight rates and tickets.
Communicating the needs for the alteration of a service by the borrower, the competent authority must inform the competent authority of the other country in the maximum period of forty-eight (48) hours.
ARTICLE 6° . The fees will be charged in national currency of the Parties indistinctly.
ARTICLE 7° . For the operation of the border river transport services referred to in Article 1 the Parties shall have the ports or points linked to the elements for their control and control, judged indispensable by the authorities of the respective Parties.
ARTICLE 8° . For the establishment or deletion of services, the Parties shall act in common agreement, determining the form and date for its initiation or termination.
ARTICLE 9° . In the services provided for in this Agreement, the border river transport must be carried out, strictly, in the most direct line of link between the two prefixed ports or docks.
The scale outside the designated ports or points is prohibited, except where previously permitted by the competent authorities of both countries.
If fortuitous or force majeure, the extraordinary scale will be communicated to the competent authorities within 48 hours.
ARTICLE 10° . Argentine flagships and Brazilian flagships that transport passengers, vehicles and cargo in the terms of this Agreement will enjoy, in each of the countries, equal treatment, for all types of operations and procedures related to the border river transport between the two countries.
ARTICLE 11° . The river transport units provided for in this Agreement shall be crewed by personnel authorized by the corresponding authority of the country to which the vessel belongs.
ARTICLE 12° . The safety regulations of the vessels shall be established by each Party for the units of its respective flag, in accordance with its legislation.
If the respective rules are not consistent, the relevant authorities of each Party shall consider the case to establish a security regime according to the particularities of each service.
Taking into account the existing safety regulations in each country and the need for rapid assistance to vessels, passengers and cargo in the event of sinister or accidents of navigation, the relevant authorities of both countries should promptly coordinate an action using available human, technical and material resources.
ARTICLE 13° . Permissionaries who perform the cross-border river transport services, provided for in this Agreement, shall, in a compulsory way, hire insurance that covers the following risks: civil liability for damage to third parties, civil liability for transport of passengers and their personal effects, charges, crew members and land personnel of the companies occupied in tasks in the places of shipment and disembarkation, according to what, in this respect, determine the legal provisions and regulations.
The competent authorities shall monitor the validity of the insurance policies, and the scope of the coverage required in the preceding paragraph.
ARTICLE 14° . None of the provisions of this Agreement may be interpreted as a restriction on the right of each country to regulate its national cabotage, as well as transportation for and from third countries.
In the terms of this Agreement, it is understood as trade and navigation of national brokerage those between ports or points of the same country, in accordance with its legislation.
ARTICLE 15° . Failure to comply with the provisions and obligations relating to the provision of service, provided for in this Agreement, shall be sanctioned by the authority of the nationality of the assignee who has received the authorization referred to in Art. 3rd, no matter where the breach is verified.
Sanctions may include:
(a) perception
(b) A fine of 10 to 200 tickets in the case of passenger transportation
(c) a fine of 10 to 200 times the maximum freight rate of the service, in the case of the transport of vehicles and cargo.
(d) suspension of service up to 90 days.
(e) revocation of authorization
ARTICLE 16° . The Parties shall hold consultation meetings to review the development of the transport conditions under this Agreement.
Each Party may request such a meeting and the other Party shall accept it within a maximum period of 30 (treinta) days, agreeing to the meeting place.
ARTICLE 17° . The competent authorities of the Parties shall agree in a regulation on the procedure for the approval of services, frequencies, schedules, type of vessels and all matters relating to services.
ARTICLE 18° . The Parties agree that the facilities and rights accorded reciprocally in this Agreement are excluded from the application of the most-favoured-nation clause.
ARTICLE 19° . For the purposes of this Agreement, please contact the competent authorities, in the Argentine Republic: the Ministry of Foreign Affairs, International Trade and Worship, the Ministry of Economy, Works and Public Services, through the Undersecretary of Aerocommercial Transport Fluvial and Maritime, and the Argentine Naval Prefecture, in the field of their respective competences, in accordance with the internal legislation, and in the Federal Ministry of Transport
ARTICLE 20° . This Agreement may be modified, by exchange of diplomatic notes, by understanding between the Parties, by the date of receipt of the Note of reply entered into force.
ARTICLE 21° . Each Party shall notify the other of compliance with the respective legal formalities necessary for the adoption of this Agreement.
This Agreement shall be subject to ratification and shall enter into force 30 (treinth) days after the exchange of instruments of ratification. It shall have an indeterminate validity and may be denounced by any Party by diplomatic notification. The complaint shall take effect six months after the date of the respective notification.
Made in Rio de Janeiro, on the 27th of April of 1997, in two original copies in the Portuguese and Spanish languages, both of which are equally authentic.
