Aerial Services Agreements - Federacion De Rusia - Full Text Of The Norm

Original Language Title: ACUERDOS SERVICIOS AEREOS - FEDERACION DE RUSIA - Texto completo de la norma

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Act No. 25.805 Approve the Agreement on Air Services signed with the Government of the Russian Federation. Sanctioned: November 5, 2003. Enacted: November 28, 2003.

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 SERVICES BETWEEN THE GOVERNMENT OF THE ARGENTINA REPUBLIC AND THE GOVERNMENT OF THE RUSSIAN FEDERATION, signed in Moscow .FEDERATION OF RUSIA. on 25 June 1998, which consists of VEINTIUN (21) articles and UN (1) annex, in Spanish and English languages, whose photocopies form ARTICLE 2 Contact the national executive branch.

AT THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, ON 5 NOVEMBER 2003.

_

EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.

NOTE: The English language text is not published.

AGREEMENT ON SERVICES BETWEEN THE GOVERNMENT OF THE ARGENTIN REPUBLIC AND THE GOVERNMENT OF THE RUSSIAN FEDERATION

The Government of the Argentine Republic and the Government of the Russian Federation hereinafter referred to as "the Parties",

Bearing in mind that the Argentine Republic and the Russian Federation are parties to the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944,

Wishing to conclude an Agreement for the primary purpose of establishing air services between and outside the territory of their States, they have agreed to the following:

Article 1

"Definitions"

For the purposes of this Agreement, the meanings of the terms are as follows:

(a) The term "Convention" refers to the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944, and includes any Annex and Amendment adopted under Article 90 of the Convention, provided that the Annex and Amendment to the Convention are applicable to the Parties and any modification of the Convention adopted under Article 94 of the Convention ratified by the Argentine Republic and the Russian Federation, respectively;

(b) The term "Aeronautical authorities" refers, in the case of the Argentine Republic: to the Ministry of Economy and Public Works and Services, Ministry of Transport, National Directorate of Aerocommercial Transport or to any person or agency authorized to perform functions currently exercised by the Ministry or similar functions, and in the case of the Russian Federation: to the Federal Aviation Authority of Russia or to any person or agency authorized to perform functions currently exercised by that Authority;

(c) The term "authorised airline" refers to the airline that has licenses, certificates and permits granted by the competent authorities of each Party;

(d) The term "designated airline" refers to the airline that has been designated and authorized in accordance with Article 3 of this Agreement;

(e) The term "territory" in relation to a State refers to land, territorial and internal waters and the airspace over them under the sovereignty of that State.

(f) The terms "air service", "international air service", "airline" and "scales for non-trafficking purposes" have the meaning assigned to them respectively by Article 96 of the Convention;

(g) The term "tarifa" refers to the prices to be paid for the transport of passengers, baggage and cargo, and the conditions under which the prices are applied, including prices and conditions for agencies and other auxiliary services, but excluding remuneration and conditions for the transport of correspondence;

(h) The sub-titles of the Articles of this Agreement are only for the convenience of the reference and will in no way affect the interpretation of the Articles.

2. The Annex to this Agreement shall be considered an integral part of it.

Article 2

"Otorgamiento de Derechos"

1. Each Party grants 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 (hereinafter referred to as "the agreed services" and the "specified ballots", respectively).

2. In accordance with the provisions of this Agreement, the designated airline or airline of each Party shall, as long as they operate an air service on the routes specified in the Annex to this Agreement, enjoy the following rights and privileges:

(a) To fly through the territory of the State of the other Party without landing;

(b) To make scales in the territory of the State of the other Party for non-trafficking purposes at the points set out in the Annex to this Agreement;

(c) make scales in that territory at the point or points specified for that route in the Programme to the Annex to this Agreement for the purpose of disembarking or embarking passengers, cargo or correspondence in international traffic.

3. No provision of this Article shall be considered as conferring upon the airline or airline of a Party the privilege of embarking, in the territory of the State of the other Party, passengers, cargo and correspondence, transported for remuneration or contract and to another point of the territory the State of the other Party.

4. Aircraft flight routes of agreed services and points for crossing national borders shall be established by each Party within the territory of its State.

5. Aeronautical authorities, subject to a separate agreement, may grant the exercise of the rights mentioned above to the authorized airlines of each Party.

Article 3

"Designation and Authorization"

1. Each Party shall have the right to designate the airlines of the other Party in writing to operate the services agreed on the specified routes.

2. Upon receipt of such notification, the other Party shall promptly grant, in accordance with the provisions of paragraphs 3 and 4 of this Article, each airline designated the corresponding permits to operate.

3. A Party ' s authorities, before granting permission to operate, may request the airline designated by the other Party to demonstrate that it is qualified to comply with the conditions prescribed by the laws and regulations that such authorities normally and reasonably apply to the operation of international air services.

4. Each Party shall have the right to refuse to grant the operating permit referred to in paragraph 2 of this Article, or to impose the conditions it deems necessary for the exercise of the rights by the designated airline or airline specified in Article 2 of this Agreement, where the Party has no evidence that the substantial title and the effective control of that airline are conferred upon the Party designating the airline or its nationals.

5. Where an airline has been designated or authorized in this way, it may begin to operate the agreed services for which it has been designated, provided that the programmes agreed between the designated airlines are approved by the aeronautical authorities of the Parties and that the rate established in accordance with the provisions of Article 9 of this Agreement is in force with respect to that service.

Article 4

"Revocation and Suspension of Operation Authorization"

1. Each Party shall have the right to revoke an operating permit or to suspend the exercise of the rights specified in Article 2 of this Airline Agreement designated by the other Party or to impose the conditions it deems necessary in the exercise of these rights, when:

(a) It cannot prove that substantial ownership and effective control are conferred upon the Party designating the airline or nationals of the respective State, in accordance with the provisions of the State designating the airline; or

(b) That airline does not comply with the existing laws or regulations of the Party granting these rights; or

(c) The airline cannot operate in accordance with the conditions stipulated in this Agreement.

2. Unless the immediate revocation, suspension or imposition of the conditions referred to in paragraph 1 of this Article is essential in order to avoid other violations of the laws and regulations, such rights shall be exercised only after consultation with the aeronautical authorities of the other Party has been carried out. Such consultations shall begin at the earliest possible date after the date of the order.

Article 5

"Application of the Laws and Rules"

1. The laws and regulations of the State of a Party relating to the arrival or departure of its territory of the aircraft operating in international air services, or to the operation and navigation of that aircraft while in its territory, shall apply to the airline aircraft designated by the other Party.

2. The laws and regulations of the State of a Party relating to the arrival, stay and/or departure of its territory of passengers, crew, cargo and correspondence, such as regulations concerning passports, customs, exchange and sanitary measures shall apply to passengers, crew, cargo or correspondence of the airline aircraft designated by the other Party while within that territory.

Article 6

Tariffs.

Tariffs and other costs for the use of each airport, including its facilities, technical services and other services, as well as any expense for the use of air navigation services, services and communication facilities will be made in accordance with the rates and tariffs established by each Party.

The airline or airlines shall not pay higher tariffs than taxes on other foreign airlines operating in similar international services for the use of facilities and services of the other Party.

Article 7

"Direct Transit"

Passengers, baggage and cargo in direct transit through the territory of the State of a Party and who do not leave the airport area reserved for such purposes shall be subject to simple control, except with respect to security measures against acts of violence or air piracy.

Luggage and direct transit cargo will be exempt from customs duties and other similar taxes.

Article 8

"Principles that Rigen the Operation of the agreed Services"

1. The designated airlines of the Parties shall have fair and equal opportunities to operate the services agreed on the routes specified between the territories of the respective States.

2. In operating the agreed services, the designated airline of a Party shall take into account the interests of the designated airline of the other Party so that it does not unduly affect the services provided by the latter on all or part of the same routes.

3. The agreed services provided by the designated airlines of the Parties shall be closely related to the requirements of the public for transport on the specified routes, and each designated airline shall have as its primary objective, in a reasonable load factor, to provide the appropriate capacity to meet the present and reasonably anticipated requirements for the transport of passengers, cargo and correspondence between the territories of the respective States.

4. Air services provided by the airline designated under this Agreement shall be carried out in accordance with the general principles on which capacity is related to:

(a) The requirements of trafficking between countries of origin and destination;

(b) Air traffic requirements through which agreed services are passed; and

(c) requirements for direct airline operations.

Article 9

"Tarifas"

1. The fees to be applied by the designated airline or airline of one of the Parties for transportation over or from the territory of the State of the other Party of any agreed service shall be set at appropriate levels considering that all relevant factors, including reasonable costs, benefits and fees established by other companies, should be taken into account.

2. The rates must be submitted to the aeronautical authorities of both Parties for approval, at a minimum advance of 30 (treinta) days at the date of entry into force. In special cases, this period may be reduced by an agreement of the aforementioned authorities.

3. This consent may be expressly granted. If none of the aeronautical authorities had expressed their disapproval within a 15 (perhaps) time limit of the date of submission as stipulated in paragraph 2 of this article, these rates shall be deemed approved. In the event of a reduction in time under paragraph 2, the aeronautical authorities may agree that the period within which any disapproval may be reported shall be less than 15 (perhaps) days.

4. The rates established under the provisions of this clause shall remain in force until new rates are established in accordance with the same provisions.

Article 10

"Customs duties"

1. The aircraft operating in services agreed upon by a designated airline of one Party, as well as its regular equipment, spare parts, fuel supply and lubricants, spare parts and provisions for aircraft (including food, beverages, tobacco) on board the aircraft shall be exempt from all customs duties, and other charges similar to the arrival on the territory of the State of the other Contracting Party shall remain, provided that such equipment,

2. They will also be exempt from the same rights and other similar taxes:

(a) supplies for the aircraft on board in the territory of the State of a Party, within the limits set by the authorities of that Party, and for use on board an aircraft operating in services agreed upon by the designated airline of the other Party;

(b) Spare parts entered into the territory of the State of a Party for the maintenance or repair of aircraft used in the operation of the services agreed upon by a designated airline of the other Party;

(c) Fuels and lubricants to be used for the operation of services agreed upon by the aircraft of a designated airline of a Party;

(d) the necessary documents used by the designated airlines of the other Party, including air tickets, bills of shipment imported or imported by the airline of one Party to the territory of the State of the other Party in connection with the operation of the agreed services.

Taxes for services served, storage and customs clearance shall be charged in accordance with the domestic legislation of the Parties and shall not be higher than taxes applied to another airline than taxes

perform similar international services.

3. Supply materials and spare parts, as well as the documents mentioned in paragraph 2 above, may be requested to be kept under the supervision or control of Customs.

4. Regular airborne equipment, as well as materials and supplies normally held on board the aircraft operated by a designated airline of a Party, may be disembarked on the territory of the State of the other Party only with the approval of the customs authorities of that Party. In such cases, they may be placed under the supervision of such authorities until they are re-exported or otherwise disposed of, in accordance with customs law.

Article 11

"Income transfer"

1. Each Party shall grant the designated airline or airline of the other Party the right to freely transfer the excess of income over the expenses incurred by the designated airline in connection with the operation of the agreed services.

The transfer shall be made in a strong currency according to the official exchange rate, in force at the date of the transfer and in accordance with the financial regulations of the State of the Party from which the transfer is made.

2. The provisions of this Article do not affect tax matters that are the subject of other agreements between the Parties.

Article 12

"Representation of the Airlines and Sales"

1. Each Party shall accord to the designated airline or airline of the other Party the right to establish in the territory of the State its representations with administrative, commercial and technical personnel, composed of nationals of one or both Parties, which are necessary to ensure the operation of the agreed services.

2. The recruitment of nationals from other countries in the territory of the State of each Party shall be submitted for approval by the relevant authorities.

3. The above-mentioned staff shall be subject to the legislation of the State of the Party which regulates immigration issues as well as the legislation, regulations and administrative decisions in force in this territory.

4. Each Party shall ensure such assistance and contribution as may be necessary for the above-mentioned representations and personnel.

5. Each Party ' s designated airline or airline shall have the right to sell under the national laws and regulations of the State of the other Party additional transportation and services through its own transport documents in its offices in the territory of the State of the other Party and to designate appropriately authorized agents.

Article 13

"Security of Aviation"

1. In accordance with their rights and obligations under international law, the Parties reaffirm that their mutual obligation to protect the safety of civil aviation against acts of illegal interference is an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties, in particular, shall act in accordance with the provisions of the Convention on Crimes and Other Acts Committed to the Eradication of an Aeronave, signed in Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Abduction of Aircraft, signed in The Hague on 16 December 1970 and the Convention for the Suppression of Civil Acts

2. The Parties shall provide each other, upon request, with the greatest possible assistance in preventing illegal hijacking of a civilian aircraft and other unlawful acts; against the safety of such aircraft, its passengers and crew, airports and aircraft facilities, and any other threat to the safety of civil aviation.

3. The Parties shall act in accordance with the aviation safety standards and technical requirements established by the International Civil Aviation Organization and designated as Annexes to the International Civil Aviation Convention to the extent that such safety standards and requirements are applicable to the Parties; the Parties shall require that aircraft operators of their registry or aircraft operators with their main headquarters or permanent residence in their territory act in accordance with such provisions on aviation safety.

4. Each Party agrees that such aircraft operators may be required to comply with the aviation safety standards and requirements referred to in paragraph 3 of this Article which requires the other Party to enter, exit, or stay in the territory of that other Party.

Each Party shall ensure that appropriate measures are effectively implemented within its territory to protect aircraft and control passengers, crew, hand baggage, luggage, cargo and warehouses of the aircraft before and during shipment or cargo. Each Party shall jointly consider any request from the other Party to take reasonable special security measures in the event of a particular threat.

5. Where an incident or threat of incident of unlawful hijacking of a civilian aircraft or other unlawful acts against the safety of such aircraft, its passengers, crew, airports or aircraft facilities occurs, the Parties shall provide mutual assistance by facilitating communications and other appropriate measures aimed at bringing an expeditious and safe end to such incident or threat of incident.

Article 14

"Consults"

On a regular basis, the aeronautical authorities of the Parties shall consult with a view to ensuring close cooperation on all matters affecting the implementation of this Agreement.

Article 15

"Controversial Solution"

1. Any dispute concerning the interpretation or application of this Agreement or Annex thereto shall be settled by direct negotiations between the aeronautical authorities of both Parties. If such aeronautical authorities fail to reach agreement, the dispute will be settled through the diplomatic channel.

2. If a solution is not reached through the above-mentioned means, at the request of any Party, it shall be submitted for decision to arbitrate before a court of three arbitrators, one appointed by each Party and the third designated by the two so-called.

3. Each Party shall designate an arbitrator within a period of sixty (60) days from the date on which one Party receives notification from the other through the diplomatic channel requesting arbitration, and the third arbitrator shall be appointed within sixty (60) days. If either Party does not designate an arbitrator within the specified period, or if the third arbitrator is not designated within the specified period, either Party may the President of the Council of the International Civil Aviation Organization appoint an arbitrator or arbitrators as required by the case.

4. The third arbitrator designated under paragraphs 2 and 3 shall be a national of a third State and shall serve as the chairman of the arbitration. If the President was a citizen of either Party or on the contrary could not perform this function, the Vice-President who replaced him would make the necessary appointments.

5. The Arbitral Court shall adopt its decision by a majority vote. This decision shall be binding on both Parties. Each Party shall bear the expenses of its member and its representation in the proceedings in the arbitration; the expenses of the president and any other expense shall be borne in equal parts by the Parties. In all other aspects, the Arbitral Court shall determine its own procedure.

6. Both Parties or one may request the Arbitro to explain its decision. Requests for reconsideration of the decision shall be made within 15 (perhaps) days only if there were recent circumstances that could exert a decisive influence on the outcome of the matter as a result of its characteristics and that while the decision was taken they did not know that neither the Arbitrate nor one of the Parties had requested reconsideration of the decision. Requests for explanations and reconsideration of the decision should be considered by the Arbitrator that adopted the decision. If this is impossible, an "ad hoc" Arbitrate shall be established in accordance with the provisions of this article.

Article 16

"Recognition of Certificates and Licenses"

Aviation certificates, certificates of aptitude and licences issued or validated by a Party and still in force shall be recognized as valid by the other Party for the purpose of operating the air services agreed on the specified routes, provided that such certificates or licences are issued or validated in accordance with the standards established under the Convention. However, each Party reserves the right to refuse to recognize, for flights on its territory, the certificates of aptitude and licences granted to its own nationals by the other Party.

Article 17

"Information Exchange"

The aeronautical authorities of any Party shall, at the request of the aeronautical authorities of the other Party, provide periodic reports or other statistical data reports as reasonably required in order to review the capacity of the services agreed by the designated airline of the Party mentioned in the first term.

Such reports shall include all information required to determine the traffic transported by the airline designated under the agreed services.

Article 18

"Registration of the Agreement"

This Agreement and subsequent amendments thereto shall be registered with the International Civil Aviation Organization.

Article 19

"Modification of the Agreement"

If any of the Parties deems it appropriate to modify the terms of this Agreement and its Annex, they may request consultations between the aeronautical authorities of both Parties regarding the proposed amendment.

The consultations shall begin within sixty (60) days of the date of the request, unless the aeronautical authorities of the Parties agree to the prolongation of that period. Amendments to the Agreement shall enter into force when confirmed by the exchange of diplomatic reverse notes that have met domestic legal requirements.

Amendments to the Annexes may be made by an agreement between the aeronautical authorities of the Parties and shall enter into force on the date established by those authorities.

Article 20

"Termination"

1. This Agreement has been signed for undetermined time.

2. Each Party may at all times notify the other Party, through diplomatic channels, of its decision to terminate this Agreement. Such communication should be simultaneously notified to the International Civil Aviation Organization. In which case, this Agreement shall terminate twelve (12) months after the other Party receives the notification, unless the termination notice is withdrawn by mutual agreement prior to the expiration of this period.

Article 21

"Into Vigor"

This Agreement shall enter into force thirty (30) days after the date of the last written notification, by diplomatic means, informing that all domestic formalities have been fulfilled for the entry into force of the latter.

Made in Moscow on 25 June 1998, in two original copies in the Spanish, Russian and English languages, the texts being equally authentic. In the event of a divergence of interpretation, the English version will prevail.

Signature

By the Government of the ARGENTINA REPUBLIC

Signature

By the Government of the Republic of Rwanda

Annex

"PLAN de RUTAS"

1. Routes to be operated by the designated Russian Federation airline(s) in both directions:

Starting points: Points in the Russian Federation

Intermediate Points: To be specified later

Destination points: Points in the Argentine Republic

Other Points(*): To be specified later

2. Routes to be operated by the designated airline(s) of the Argentine Republic in both directions:

Starting points:

Points in the Argentine Republic

Intermediate Points: To be specified later

Points of destination: Points in the Russian Federation

Other Points (*): To be specified later

Notes:

(a) charter, extra or unscheduled flights are subject to the preliminary request of designated airlines, which shall be submitted at least forty-eight (48) hours prior to departure, except for weekends and holidays;

(b) Designated airlines of both Parties may, on some or all flights, alter the order or omit to make stops at any intermediate point(s) mentioned above and/or other point(s).

(c) Points on the aforementioned routes and traffic rights shall be jointly determined by the aeronautical authorities of the Parties.