Subregional Aerial Services Agreements - Full Text Of The Norm

Original Language Title: ACUERDOS SERVICIOS AEREOS SUBREGIONALES - Texto completo de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ACUERDOS Law 25.806 Approve the Agreement on Subregional Air Services signed with the Governments of the Republics of Bolivia, Federal of Brazil, Chile, Paraguay and Eastern Uruguay. 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 Agreed to the agreement of the Government of the Republic of Armenia, of the Republic of Bosnia and Herzegovina, of the Republic of Moldova, of the Republic of Bosnia and Herzegovina, of the Federal Republic of Kazakhstan, of the Republic of Yugoslavia, of the Republic of Yugoslavia, of the Republic of Yugoslavia, ARTICLE 2 Contact the national executive branch.

DADA IN THE SESSION OF THE RGENTINE CONGRESS, IN GOOD AIRES, TO CINCO DIAS DEL MONTH DE NOVIEMBRE DE OS MIL TRES.

_

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

AGREEMENT ON SUBREGIONAL SERVICES BETWEEN THE GOVERNMENTS OF THE ARGENTIN REPUBLIC, OF THE BOLIVIA REPUBLIC, OF THE FEDERAL REPUBLIC OF BRAZIL, OF THE CHILE REPUBLIC, OF THE PARAGUA AND OF THE ORIENTAL REPUBLIC OF URUGUA

The Governments of the Argentine Republic, the Republic of Bolivia, the Federal Republic of Brazil, the Republic of Chile, the Republic of Paraguay and the Eastern Republic of Uruguay, henceforth referred to as "States Parties", being signatories to the Convention on International Civil Aviation, opened their signature in Chicago on 7 December 1944;

Bringing together a group of countries that has been developing a new economic integration process;

Aspiring to contribute to the development of air transport in the Subregion covered by the territories of the States Parties;

With the aim of concluding an Agreement to enable the realization of new air services in the Subregion, thus contributing to the strengthening and facilitation of integration among the peoples of the States Parties, in order to realize these objectives and to consider those not contemplated which are considered appropriate instruments of aerocommercial development.

Agree to the following:

ARTICLE 1

Object of the Agreement

The purpose of this Agreement is to enable the realization of new regular subregional air services, on routes other than the regional ones effectively operated under the Bilateral Agreements, in order to promote and develop new markets and to adequately address the demand of users.

ARTICLE 2

Definitions

For the purposes of this Agreement:

1. The following definitions are established:

(a) "State Party" means each of the countries that sign this Agreement, and those that adhere to it subsequently;

(b) "Aeronautical Authority" means the Civil Aviation Authorities of the States Parties;

(c) "Subregional services" means the regular air services of passengers, cargo and mail, separately or in combination, carried out within the Subregion comprising the territories of the States Parties, in accordance with the criteria specifically established for this purpose, on routes other than the regional ones actually operated under the Bilateral Agreements;

(d) "Council" means the Board of Air Authorities of the Subregional Air Transport System;

(e) "Designed business" means any aerial company that has been nominated and authorized under Article 5 of this Agreement;

(f) "Country of Origin" means the territory of the State where transportation begins;

(g) "Bilateral Agreements" mean all the Agreements signed between Governments or between Aeronautical Authorities that establish rights relating to aerocommercial traffic.

ARTICLE 3

Annexes

The Annexes integrate the present Agreement with the understanding that any reference to this Agreement should include that of the Annexes, except where specified in a different manner. Any modification to them will always be resolved by unanimous agreement of the Aeronautical Authorities of the States Parties when they consider it necessary for the better development of the Subregional Air Transport System. The amendments shall enter into force provisionally from the date of subscription of the relevant Act and shall be governed definitively, for each State Party, from the date of its confirmation to the Depositary Country by communication issued by Diplomatic Note.

ARTICLE 4

Grant of Rights

1. The rights specified in this Agreement are granted by States Parties for the purpose of operating Subregional Services. In order to carry out these services, the designated companies shall enjoy:

(a) The right to overflew the territories of States parties;

(b) The right to land in the aforementioned territories for non-commercial purposes;

(c) The right to ship and disembark in the territories of States Parties, passengers, cargo and mail, separately or in combination, on regular flights that are carried out exclusively within the Subregion.

2. The right to ship and disembark passengers, cargo and mail destined or from territories of third States Parties shall depend on the authorization of the States Parties involved, whether these traffics of fifth or sixth freedom.

3. Designated companies may allow their passengers to terminate the journey, with the right to re-embark, on intermediate scales of the same subregional rotation, under the conditions set out in Annex I to this Agreement.

ARTICLE 5°

Designation and Authorization

1. Each State Party shall have the right to designate one or more companies to operate the Subregional Services. Such designation shall be communicated through Diplomatic Note to the other States Parties involved.

2. Upon receipt of the communication of the designation, the Aeronautical Authorities of each State Party, in accordance with its laws and regulations, shall grant the company or companies designated by the other States Parties the necessary authorizations for the exploitation of the agreed services.

3. An airline that has been designated and authorized may initiate and maintain the operation of the Subregional Services, provided that it meets the legal and regulatory requirements of the other State party and the applicable provisions of this Agreement.

4. Each State Party has the right to withdraw the designation of an enterprise or enterprise and to designate another or others by communicating it by Diplomatic Note to the other States Parties involved.

ARTICLE 6

Operation conditions

The operational criteria applicable to Subregional Services constitute Annex I to this Agreement.

ARTICLE 7

Implementation of Bilateral and Multilateral Provisions

1. All provisions of the Air Services Agreements signed between the Parles States involved, which are consistent with this Agreement, shall be applied subsidiarily to this Agreement.

2. The provisions of this Agreement shall not, under any circumstances, constitute restrictions on the provisions of the Air Services Agreements concluded between States Parties.

3. In the implementation of the provisions of this Agreement, no State Party shall accord more favourable treatment to its enterprises than to those of other States Parties.

4. In the event that a Multilateral Convention includes in its provisions the treatment of Air Transport in the Subregion, the Aeronautical Authorities of the States Parties shall consult in order to determine the extent to which this Agreement may be affected by the provisions of the Convention and to resolve any changes that may be necessary in this Agreement.

ARTICLE 8

Exchange of National Provisions

1. Each State Party shall, by its Air Authorities, communicate in a timely manner to the Air Authorities of the other States Parties the provisions in force in their respective countries for the granting of authorizations to air companies for commercial and operational activities, and the rules for the authorization of routes, frequencies and schedules for regular flights.

2. States Parties shall endeavour to bring the provisions and rules referred to in paragraph (1) of this Article into line with the validity of this Agreement.

ARTICLE 9

Rates

1. The rates to be applied for transport in the Subregional Services shall be subject to the rules of the Country of Origin.

2. The rates applied may, at the request of one of the Parties concerned, be reviewed by the Air Authorities Council.

ARTICLE 10

Facilitation and Security

Each State Party shall promote all efforts with a view to maximizing the simplification and compatibility of its rules and procedures relating to the facilitation of International Air Transport (Migratory, Customs, Sanitary and Phytosanitary Surveillance) in subregional operations, without prejudice to compliance with the Civil Aviation Safety Standards, in accordance with Annexes 9 and 17 of the International Civil Aviation Convention.

ARTICLE 11

Aeronavegability, Operations and Staff Licenses

Each State Party shall bring its standards and procedures relating to Aeronavegability, Operations and Staff Licenses with the other members in accordance with the standards and recommendations of the International Civil Aviation Organization.

ARTICLE 12

Council of Air Authorities

1. The Council of Aeronautical Authorities is established to ensure compliance and implementation of this Agreement.

2. The rules governing the composition, powers and other operational details of the Council constitute Annex II to this Agreement.

ARTICLE 13

Commercial Opportunities

1. Each State Party shall take appropriate measures within its jurisdiction to eliminate all forms of discrimination and unfair competition practices in the exercise of commercial opportunities.

2. If local regulations permit, States Parties shall take appropriate measures to enable airlines to purchase fuel in the State party ' s territory, in local currency or in freely convertible currency; to convert and reschedule their country of origin surpluses on their sales, promptly and without restrictions or tax burdens, to the prevailing rate of exchange; and to perform their own ground services, or to select between relevant agents of such services, or to be provided on a single basis.

ARTICLE 14

Statistics

1. Aerial companies operating subregional routes will provide the Air Authorities of the countries where they operate, statistical information on the traffic transported, on the routes they operate, with determination of origin and destination.

2. The Aeronautical Authorities of States Parties shall exchange statistical information of common interest on a biannual basis.

ARTICLE 15

Accession

1. This Agreement shall be open to accession by other States of South America, whose requests shall be considered by the States Parties.

2. Approval of requests will be the subject of unanimous decision by States parties.

ARTICLE 16

Complaint

1. The State Party wishing to delink from this Agreement shall communicate this intention to the other States Parties in an express and formal manner, making within sixty days the delivery of the complaint document to the Ministry of Foreign Affairs of the Depositary Country, which shall distribute it to the other States Parties.

2. Formalized the complaint, the Agreement shall cease to govern for the denouncing country one year after the date of receipt of the notification by the Depositary Country, if it is not agreed to accept by unanimity from the remaining members, a lower term or not be withdrawn before the end of that period.

ARTICLE 17

Dispute Settlement

In order to resolve disputes between States parties regarding the interpretation and/or implementation of the provisions of this Agreement, the procedures provided for in Annex III to this Agreement shall be observed.

ARTICLE 18

Review

This Agreement shall be subject to periodic review, and at least every three years. In these revisions, States Parties shall endeavour to phase out the existing restrictions in this Agreement.

ARTICLE 19

Registration

This Agreement shall be registered by the Depositary Country in the International Civil Aviation Organization.

ARTICLE 20

Entry in Vigor

1. This Agreement shall enter into force 30 days after the date of deposit of the third instrument of ratification. Instruments of ratification shall be deposited with the Government of the Federal Republic of Brazil, which shall communicate the date of deposit to the Governments of the other States Parties.

2. The Government of the Federal Republic of Brazil shall notify the Government of each of the other States Parties of the date of entry into force of this Agreement.

In testimony to which, the undersigned, duly authorized by their respective Governments, sign the present Multilateral Agreement.

Made in Fortaleza, on December 17th, a thousand nine hundred and ninety-six, in an original in the Spanish and Portuguese languages, both being equally authentic. The Government of the Federal Republic of Brazil shall be the Depositary of this Agreement, and shall send a duly authentic copy thereof to the Governments of the other States Parties.

Signature

OF THE REPUBLIC OF ARGENTINA

Signature

OF THE FEDERAL REPUBLIC OF BRAZIL

Signature

OF THE REPUBLIC OF PARAGUAY

Signature

OF THE BOLIVIANA REPUBLIC

Signature

REPUBLIC OF CHILE

Signature

OF THE ORIENTAL REPUBLIC OF URUGUAY

Annex I

OPERATIONAL CRITERIA

1. GEOGRAPHIC AREA

The entire territory of States Parties is considered to be available for subregional air operations, under the principle of non-deviation from the tram to points beyond the Subregion.

2. SUBREGIONAL RULES

They are those extending from the last airport in the territory of a State party, to points in the territories of the other States Parties. Subregional routes can only be operated on flights originating in the territory of the company country.

3. SUPERPOSITION OF RUTS:

Subregional routes may contain sections that one or two airports not linked by services effectively operated under the Bilateral Agreements.

No section of a subregional route may be overcome with sections effectively operated under the provisions of the aforementioned Agreements.

In this way linkages may be established from or to a point established in the Bilateral Agreements, to or from other points of the Subregion, not included in the aforementioned Agreements.

4. SUBREGIONAL AEROPUERTS

They are all those who are designated to operate on international flights.

The States Parties involved in the operation of Subregional Services undertake to provide for international use those airports or airfields located in their territory that are suitable for the fulfilment of the objectives of this Agreement.

5. _

For the purposes of defining subregional routes, shared airports will be considered as located in the territory of the operator company, if their State shares the airport, and if each State grants the facilitation procedures that allow companies of each of them to enter or exit, towards or from the other State.

6. AREA TERMINAL - TMA

For the purposes of the subregional routes, the airports of the same State shall be considered as one located within the limit of a MAL, with any exception subject to prior consideration by the Air Authorities of the States Parties involved.

7. CAPACITY

The number of frequencies and equipment to be used by a company on each subregional route must be appropriate to the respective traffic potential.

The companies will freely propose equipment and frequencies, which will be considered by the Aeronautical Authorities of the States Parties involved in order to avoid any excess capacity that does not match the traffic potential and which characterizes an anti-commercial practice, taking into account also the aeroport technical limitations.

The foregoing is without prejudice to the fact that, in the absence of agreement, the dispute is extended to the Council of Air Authorities pursuant to paragraph 2 of Annex II of the Agreement.

8. _

The interruption of the journey entitled to subsequent re-embarkation, provided for in Article 4 (3) of the Agreement, shall be carried out by the same company and on the same route. Such an interruption may not exceed the time limit determined by the relevant authority of each State Party for its territory.

9. _

In order to promote the implementation and development of the Subregional System and the implementation of new final regular services, States Parties undertake to authorize, for a reasonable period, requests for exploratory flights on unoperated routes to that date.

Annex II

AERONAUTICAL AUTHORITIES COUNCIL

1. COMPOSITION

The Council shall be composed of a Titular Representative and a Subrogant of the Aeronautical Authority of each State Party, who shall be authorized to take positions on behalf of its representative.

2. ATRIBUTIONS

In addition to the constant object of Article 12 of the Agreement, the Council has the following powers:

(a) To rule on disputes arising from the application and/or interpretation of the terms of the Agreement, its Annexes and the Regulations;

(b) Formulate complementary standards for the harmonious functioning of the Subregional Air Transport System, where necessary;

(c) To address complaints of predatory or unfair competition;

(d) To recommend solutions to disputes that are submitted, relating to Subregional Air Transport;

(e) To assess the implementation of its Resolutions in States Parties;

(f) To seek, through each Representative, the coordination of actions for simplification and compatibility in matters relating to Facilitation, Security, Aeronavigability, Operations and Staff Licenses with the competent authorities of their respective countries;

(g) To analyse and project amendments to the periodic revisions to the Agreement;

(h) To grant, at the request of the companies involved, hearing to know their proposals, in accordance with the rules of procedure;

(i) To seek, through each State party, a symmetrical and convenient economic treatment at tariff levels for air traffic, customs, migration and health services, among others, in order to promote the development of the Subregional Air Transport.

3. SESSION

The meetings of the Council shall be convened and shall be developed in accordance with the criteria set out in its Rules of Procedure.

4. PRESIDENCE

The Presidency of the Council shall be exercised by the Representatives of States Parties, on a rotating basis, for one year, following the alphabetical order of those States, with the unanimous agreement of the members of the Council, to be extended the term of office of the President for another year. The first mandate will seek the consensus of States parties.

5. SEDE OF THE COUNCIL

The headquarters of the Council shall be located in the State party exercising the Presidency, with the State party providing facilities and resources in material and personnel necessary for its activities.

6. RESOLUTIONS

The Council ' s resolutions shall be adopted by a mere majority of its members and shall serve as recommendations to States, which shall adopt an attitude of cooperation in relation to them, thereby collaborating in such a way as to ensure that the rules are established and disputed.

7. SECRETARIAT

The Council shall have a Secretariat whose activities shall be exercised by a staff member or a deputy designated by the Government of the State Party seat of the Council. Its functions will include:

(a) the preparation and dissemination of the Agendas, the Acts of the meetings of the Council and the settlement of disputes under Article 17 of the Agreement;

(b) the treatment of the information and documentation required by the Council;

(c) Preparation of the official correspondence of the President of the Council;

(d) The implementation of the Secretariat ' s transition from one to another State party, as a new Registrar succeeds.

8. ACTS

The matters dealt with by the Council shall be recorded in Actas, with the objective of recording the resolutions adopted. The set of Acts and Resolutions adopted by States Parties shall be compiled with the corresponding regulations for the harmonious functioning of the Subregional Air Transport System.

Annex III

CONTROVERSAL SOLUTION

1. Disputes between States parties in matters of the Subregional Air Transport System shall, in the first instance, be subject to the deliberations of the Council.

2. In the event that a settlement within the Council is not possible, the States Parties concerned shall establish direct negotiations between them, although disputes involve direct interests of their enterprises. The results achieved in such negotiations shall be reported to the Council by the States Parties through their Secretary.

3. If direct negotiations do not reach agreement, the States Parties concerned shall adopt the arbitration procedures provided for in paragraph 4 of this Annex.

4. In the event of disputes, an Arbitral Commission shall be constituted, consisting of an arbitrator of each State Party involved, by obliging such arbitrators to designate a final arbitrator who is not a national of any of the parties involved, to act as Chairman of that Commission and who shall, if any, have a double vote.

5. In order to facilitate the earliest appointment of the Chairman of an Arbitral Commission, each State Party shall immediately notify the other States Parties concerned of the name of their respective arbitrator. Once the Commission has been established, the arbitral proceedings must be completed in sixty days.

6. The decisions of the Arbitral Commission shall be inapplicable, and shall be complied with within the time limits established therein. If a State Party fails to comply with them, the other States Parties may take restrictive measures to the operation of the enterprises of the State concerned, or other measures aimed at achieving compliance.