Air Service Agreements - (Lower Pages) - Full Text Of The Standard

Original Language Title: ACUERDOS SERVICIOS AEREOS - (PAISES BAJOS) - Texto completo de la norma

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Act No. 25.836 Approve a Agreement signed at The Hague with the Government of the Kingdom of the Netherlands on Air Services.

Sanctioned: November 26, 2003.

Enacted: January 9, 2004.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Approval of the agreement between the Government of the ARGENTINA REPUBLIC and the Government of the Kingdom of the ABSTRACT COUNTRIES on the AEREOS SERVICES, signed at The Hague DEREINO OF THE BAJOS PAISES. on 23 November 1993, which consists of VEINTIUN (21) articles, A (1) annex and DOS (2) ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTISEIS DIAS DEL, MONTH OF NOVEMBER OF THE YEAR DOS MIL TRES.

_

EDUARDO O. CHANGE. . MARCELO G. LOPEZ ARIAS. . Eduardo D. Rollano. . Juan Estrada.

Agreed to the Government of the Republic of Armenia

And

THE GOVERNMENT OF THE KINGDOM OF THE BAJOUS COUNTRIES ON EAST SERVICES

The Government of the Argentine Republic and the Government of the Kingdom of the Netherlands,

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

Wishing to contribute to the progress of international civil aviation;

Wishing to conclude an Agreement for the purpose of establishing air services, they have agreed to the following:

ARTICLE 1

Definitions

For the purposes of this Agreement and its annex, unless otherwise required by the context:

a. the term "the Convention" refers to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention and any modification to the Annexes or the Convention under Articles 90 and 94 thereof, provided that such Annexes and amendments are in force or have been ratified by both Contracting Parties;

b. the term "Aeronautical authorities" refers: for the Kingdom of the Netherlands, to the Minister of Transport, Public Works and Water Management; for the Argentine Republic, to the Ministry of Economy and Public Works and Services - Ministry of Transport - National Directorate of Aerocommercial Transport; or in any of these cases, to any person or agency authorized to perform functions related to this Agreement.

c. the term "designated airline" refers to the airline designated and authorized in accordance with Article 4 of this Agreement;

d. the term "territory" referring to a State has the meaning assigned to it under Article 2 of the Convention;

e. the terms "air service", "international air service", "airline" and "scales for non-trafficking purposes" have the meaning respectively assigned to them in Article 96 of the Convention;

f. the terms "agreed service" and "specified guide" refer respectively to the international air service in accordance with Article 2 of this Agreement and the route specified in the relevant Section of the Annex to this Agreement;

g. the term "provisions" refers to consumer goods to be used or sold on board the aircraft during the flight, including savings supplies;

h. the term "Agreement" refers to this Agreement, its Annex drafted according to it and to any modification to this Agreement or the Annex;

I. the term "tarifa" refers to any sum paid or to be paid to the airline, directly or through its agents, by any person or entity for the transport of passengers (and their luggage) and cargo (excluding the mail) in the air transport, including:

I. conditions governing the availability and applicability of a fee, and

II. expenses and conditions for any accessory service to such transportation that is offered by the airlines.

(j) The term "aircraft change" refers to the operation of one of the services agreed by an airline designated in such a way that one or more sectors of the route are covered by an aircraft of different capacity than those used in another sector.

k. the term "Computed Reserve System" (CRS) refers to the computerized system that contains the information regarding flight schedules, availability of seats, passages and related services and through which reservations can be made and/or extended and that puts all or a part of these services at the disposal of the travel agents.

ARTICLE 2

Grant of Rights

1. Except as otherwise provided in the Annex, each Contracting Party grants the other Party the following rights for the management of international aircraft by the designated airline of the other Contracting Party:

a. the right to fly through the territory without landing;

b. the right to make scales in its territory for non-trafficking purposes; and

c. when an agreed service is operated on a specified route, the right to make landings in its territory for the promotion and descent of passengers, cargo and mail, separately or in combination.

2. Paragraph 1 of this Article does not grant under any circumstances the right of the airline of a Contracting Party to participate in the airlift between points in the territory of the other Contracting Party.

ARTICLE 3

Aeronave Change

1. Each designated airline may, according to its criterion and in any or all flights of the agreed services, change aircraft in the territory of the other Contracting Party or at any point of the specified routes, provided that:

a. the aircraft used beyond the aircraft exchange point shall be programmed in conjunction with the entry or departure aircraft as appropriate;

b. In the event that the change of an aircraft occurs in the territory of the other Contracting Party, and when more than one aircraft is operated beyond the point of change, only one such aircraft may have the same size and none may be larger than the aircraft used in the third and fourth freedom sector.

2. For the purpose of an aircraft ' s exchange operations, a designated airline may use its own equipment and in accordance with national regulations, rental equipment, and may operate under the trade provisions agreed with another airline.

3. Any designated airline may use identical or different flight numbers for the sectors of its aircraft change operations.

ARTICLE 4

Designation and authorization

1 Each Contracting Party, by written notification sent by diplomatic channel to the other Contracting Party, shall have the right to designate an airline to operate air services on the routes specified in the Annex and to replace another airline by a previously designated airline.

2. Upon receipt of such notification, each Contracting Party shall, without delay, grant the airline thus designated by the other Contracting Party the operating authorizations corresponding to the provisions of this Article.

3. Upon receipt of the authorization of operation referred to in paragraph 2 of this Article, the designated airline may, at any time, begin to operate the services agreed in full or in part, provided that it complies with the provisions of this Agreement and that the rates for such services have been established in accordance with the provisions of Article 6 of this Agreement.

4. Each Contracting Party shall have the right to deny the granting of the operating authorizations referred to in paragraph 2 of this Article or to grant such authorization in accordance with the conditions it deems necessary for the designated airline to exercise the rights specified in Article 2 of this Agreement, where such Contracting Party is not in conformity with the substantial property and the effective control of that airline being conferred on the Contracting Party designated by the national or the Contracting Party.

ARTICLE 5

Revocation and suspension of authorizations

1. The aeronautical authorities of each Contracting Party shall have the right to deny the authorizations referred to in Article 4 with respect to an airline designated by the other Contracting Party as well as to revoke or suspend such authorizations or impose conditions:

a. in the event that such airline does not meet the requirements of the aeronautical authorities of that Contracting Party under the laws and regulations that are normally and reasonably applied by these authorities in accordance with the Convention;

b. in the event of non-compliance by such airline with the laws and regulations of the Contracting Party;

c. in the event that they are not satisfied that the substantial property and the effective control of that airline are in the hands of the Contracting Party that designates the airline or its nationals; and

d. in the event that the airline somehow did not operate in accordance with the conditions prescribed in this Agreement.

2. Unless immediate action is essential to prevent future violations of the above-mentioned laws and regulations, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party have taken place. Unless otherwise provided by the Contracting Parties, such consultations shall begin within a period of sixty (60) days from the date of receipt of the request.

ARTICLE 6

Rates

1 The tariffs that the designated airlines of the Contracting Parties set for transport between their territories will be those approved by the aeronautical authorities of both Contracting Parties and will be established at reasonable levels with due consideration of all relevant factors, including cost of operation, reasonable benefit and other airlines' fees for any sector of the specified route.

2. The rates mentioned in paragraph 1 of this Article, where feasible, shall be agreed upon by the designated airlines through the use of the procedures of the International Air Transport Association for the provision of tariffs. When this is not possible, the rates will be agreed between the designated airlines. In all cases the rates shall be subject to the approval of the aeronautical authorities of both Contracting Parties.

3. All agreed rates shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at a minimum advance of sixty (60) days to the proposed date for their introduction; unless such authorities agree to reduce this period for special cases.

4. Approval of fees may be expressly granted, but if the aeronautical authorities have not expressed disapproval within thirty (30) days of the date of submission pursuant to paragraph 3 of this Article, the rates shall be considered approved.

In the event that the reporting period is reduced in accordance with paragraph 3 of this Article, the aeronautical authorities may agree that the period within which the disapproval must be notified should be reduced accordingly.

5. In the event that a fee could not be agreed upon in accordance with paragraph 2 of this Article, or if during the corresponding period in accordance with paragraph 4 of this Article, an aeronautical authority shall notify the other aeronautical authority that has disapproved any rate agreed under the provisions of paragraph 2 of this Article, the aeronautical authorities of the two Contracting Parties shall endeavour to determine the rate of mutual agreement.

6. If the aeronautical authorities could not agree with a fee submitted to them under paragraph 3 of this Article, or with the determination of a fee under paragraph 5 of this Article, the dispute shall be settled in accordance with the provisions of Article 16 of this Agreement.

7. The rates established in accordance with the provisions of this Article shall remain in force until the new rates have been established.

8. The designated airlines of both Contracting Parties shall not be able to charge fees other than those approved in accordance with the provisions of this Article.

ARTICLE 7

Commercial activities

1. The designated airlines of both Contracting Parties shall have authorization to:

a. establish in the territory of the other Contracting Party the air transport promotion offices and the sale of air tickets as well as other facilities required for the supply of air transportation;

b. sell air transport tickets directly or through their agents in the territory of the other Contracting Party and at the discretion of that airline.

2. The designated airline of a Contracting Party shall be permitted to enter and maintain in the territory of the other Contracting Party its managerial, commercial, operational and technical staff that may be required in connection with the supply of aeroportation.

3. These personnel requirements, on the option of the designated airline, may be covered by its own personnel or by the use of services by any other organization, company or airline operating in the territory of the other Contracting Party, and is authorized to provide such services in the territory of the other Contracting Party.

4. The above-mentioned activities shall be carried out in accordance with the laws and regulations of the other Contracting Party.

ARTICLE 8

Principles Governing the Operation of Agreed Services

1. The designated airlines of both Contracting Parties shall have the same and just opportunities to participate in the international airport provided for in this Agreement.

2. Each Contracting Party shall take appropriate measures within its jurisdiction to eliminate all forms of unjust discrimination or competitive practices that adversely affect the competitive position of the airline of the other Contracting Party.

3. The agreed services provided by the designated airlines of the Contracting Parties shall have a close relationship with the needs of the public for transport on the specified routes and shall have as a primary objective the supply of a reasonable cargo coefficient suitable for accessing the current and reasonably planned requirements for the transport of passengers and/or cargo, including the mail that arrives from or is destined to the territory of the Contracting Party designated by the airline. The provision on Passenger transport and cargo including the mail, shipped or disembarked at the points of the routes specified in the territories of States other than those designated by the airline should conform to the general principles that the capacity will be related to:

a. traffic requirements either to or from the territory of the Contracting Party designated by the airline;

b. the traffic requirements of the area through which the agreed service passes, after taking into account the other transport services established by airlines of the States that are in the area; and

c. the direct operation requirements of the airline.

ARTICLE 9

Flight programme

1. The airline designated by one of the Contracting Parties shall notify the aeronautical authorities of the other Contracting Party thirty (30) days in advance of the flight programme of its proposed services, specifying the frequency, type of aircraft, configuration and number of seats available to the public.

2. The designated airline may directly submit to the aeronautical authorities of the other Contracting Party requests for permits to operate additional flights for approval by that Party.

ARTICLE 10

Taxes, customs duties and charges

1. The aircraft that a designated airline of any Contracting Party operates in an international air service as well as its regular equipment, spare parts, fuel supplies and lubricants and provisions for aircraft (including food, beverages and tobacco) on board, as well as the promotional and propaganda material retained on board such aircraft shall be exempt from any tax, inspection duty and customs law and other cargoes and other national or local duties.

2. With respect to the regular equipment, spare parts, fuel supplies and lubricants and provisions entered into the territory of a Contracting Party or by or on behalf of a designated airline of the other Contracting Party or on board the aircraft operated by that designated airline and intended solely for use on board the aircraft while operating an international service, shall be exempt from the taxes and duties of duty, including customs duties and duties of duty.

The above-mentioned articles may be subject to customs supervision and control.

The provisions of this paragraph cannot be interpreted in such a way that a Contracting Party is subject to the obligation to reimburse customs duties that have already been imposed on the same items mentioned above.

3. Regular airborne equipment, spare parts, fuel supplies and lubricants and provisions of the aircraft retained on board an aircraft of any Contracting Party may be discharged on the territory of the other Contracting Party only with the approval of the customs authorities of that Party, who may request the supervision of these materials until they are re-exported or are disposed of in accordance with the regulations.

ARTICLE 11

Transfer of funds

1. The airlines of the Contracting Parties shall have the freedom to sell air transport services in the territories of both Contracting Parties, either directly or through an agent, in any of the currencies.

2. The airlines of the Contracting Parties shall have the freedom to transfer from the territory where the sale was made to their own territories the surplus, in the territory of sale, of the expense disbursed. The net transfer shall include the proceeds obtained from sales, either directly or through agents, of air services, and of auxiliary or complementary services, and the normal commercial interest earned by such income during their stay in deposit pending transfer.

3. The airlines of the Contracting Parties shall receive the authorization for such transfer within a maximum of thirty (30) days after the request, in a free convertibility currency, at the official exchange rate for the conversion of the local currency, in force on the date of sale.

The airlines of the Contracting Parties shall have the freedom to make the effective transfer once the authorization has been received.

ARTICLE 12

Application of the Laws, Rules and Procedures

1. The laws, regulations and procedures of any Contracting Party relating to the entry or departure of its territory from the aircraft operating in the international air services or to the operation and piloting of that aircraft shall be complied with by the designated airline of the other Contracting Party at the time of entry and even the time of departure of that territory.

2. The laws, regulations and procedures of any Contracting Party concerning immigration, passports or other authorized travel, entry, departure, customs and quarantine documents shall be complied with by or for the benefit of crews. passengers, cargo and correspondence transported by aircraft of the designated airline of the other Contracting Party at the time of entry and up to and including the time of departure from the territory of that Contracting Party.

3. Passengers, luggage and cargo in direct transit through the territory of any Contracting Party and who do not leave the airport area reserved for that purpose, except for security measures against violen-cia and air piracy, shall be subject only to simple control. Luggage and direct transit cargo will be exempt from payment of customs duties and other similar fees.

4. The rights and charges applied in the territory of any Contracting Party to the operations of the aircraft of the other Contracting Party for the use of airports and other air facilities within the territory of the First Contracting Party shall not exceed those applied to the operations of any other airline conducting similar operations.

5. None of the Contracting Parties shall give preference to any other airline on the designated airline of the other Contracting Party with respect to the application of its customs, immigration, quarantine and other similar regulations; or the use of airports, air routes and air traffic services and related facilities of its dependence.

ARTICLE 13

Recognition of Certificates and Licenses

Aviation certificates, certificates of aptitude and licences issued or validated by one of the Contracting Parties and still in force shall be recognized as valid by the other Contracting Party for the purpose of the operation of the services agreed on the specified routes, provided that such certificates or licences have been issued, or validated, in accordance with the rules established under the Convention.

However, each Contracting Party reserves the right to refuse to recognize, for flights carried out above its own territory, the certificates of aptitude and licences granted to its own nationals by the other Contracting Party.

ARTICLE 14

Security

1. The Contracting Parties agree to provide reciprocal assistance as necessary in order to avoid the illicit seizure of aircraft and other illegal acts against the safety of the aircraft, airports and installations of the aircraft or any other threat to aviation security.

2. Each Contracting Party agrees to observe non-discriminatory and generally applicable security provisions required by the other Contracting Party to enter the territory of the other Contracting Party and to take appropriate measures for the inspection of passengers and their hand luggage. Each Contracting Party shall duly consider any request by the other Contracting Party on special security measures for its aircraft or passengers to cover a particular threat.

3. The Contracting Parties shall act in a manner consistent with the aviation safety arrangements established by the International Civil Aviation Organization. If one of the Contracting Parties departs from such provisions, the other Contracting Party may request consultations with that Contracting Party. Except as otherwise provided by the Contracting Parties, such consultations shall begin within the period of sixty (60) days after the date of receipt of such a request. The lack of a satisfactory agreement could constitute the basis for the implementation of Article 17 of this Agreement.

4. The Contracting Parties shall act in accordance with the provisions of the Convention on Crimes and Certain Other Acts Committed to the Eradication of an Aeronave, signed in Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.

5. In the event of an incident, or threat of incident, of unlawful seizure of an aircraft or other unlawful acts against the safety of aircraft, airports and aircraft installations, the Contracting Parties shall assist each other by facilitating communications intended to terminate such an incident quickly and safely or threaten them.

ARTICLE 15

Consultations and Amendments

1. In order to cooperate closely the aeronautical authorities of the Contracting Parties shall be consulted on a regular basis with a view to ensuring the implementation and successful implementation of the provisions of this Agreement.

2. Any Contracting Party may request consultations in order to modify this Agreement or its Annex. These consultations shall begin within sixty (60) days following the date of receipt of the request by the other Contracting Party, except otherwise provided. Such consultations may be conducted through talks or correspondence.

3. Any modification to this Agreement agreed upon by the Contracting Parties shall enter into force on the date on which the Contracting Parties have communicated in writing the fulfilment of their respective constitutional requirements.

4. Any modification to the Annex to this Agreement shall be agreed in writing between the aeronautical authorities and shall enter into force on the date established by those authorities.

ARTICLE 16

Dispute Settlement

1. If any dispute arises between the Contracting Parties regarding the interpretation or application of this Agreement, the Contracting Parties shall first try to resolve it through mutual negotiations.

2. If the Contracting Parties do not arrive at a settlement through negotiation, the dispute may, at the request of any Contracting Party, be submitted to the decision of a court of three arbitrators, one to be appointed by each Contracting Party and the third party to be appointed by agreement between the two arbitrators thus elected, provided that the third arbitrator is not a national of any Contracting Party. Each Contracting Party shall designate an arbitrator within the period of sixty (60) days following the date of receipt by one of the Contracting Parties of the diplomatic note of the other Contracting Party requesting arbitration in the dispute, and the third arbitrator shall be appointed within an additional period of sixty (60) days. If one of the Contracting Parties does not designate its own arbitrator within the period of sixty (60) days or if there was no agreement on the third arbitrator in the specified period, each Contracting Party may request the President of the Council of the International Civil Aviation Organization to designate the arbitrator or arbitrators.

3. The Contracting Parties undertake to comply with any decision made under paragraph 2 of this Article.

ARTICLE 17

Complaint

Any Contracting Party may at all times notify the other Contracting Party in writing and by diplomatic means of its decision to denounce this Agreement.

Such notification shall be communicated simultaneously to the International Civil Aviation Organization. In that case, the present Agreement shall terminate twelve (12) months after the date of receipt of the notification by the other Contracting Party unless the notification of denunciation was withdrawn by agreement prior to the expiration of this period. If the other Contracting Party does not acknowledge receipt of the notification, the notification shall be deemed received fourteen (14) days after the notification has been received by the International Civil Aviation Organization.

ARTICLE 18

Registration at ICAO (International Civil Aviation Organization)

This Agreement and any modification thereof shall be registered with the International Civil Aviation Organization.

ARTICLE 19

Applicability of Multilateral Agreements

1. The provisions of the Convention shall apply to this Agreement.

2. If a multilateral agreement on any matter covered by this Agreement, accepted by both Parties, enters into force, the provisions of that agreement shall replace the relevant provisions of this Agreement.

ARTICLE 20

Applicability

With regard to the Kingdom of the Netherlands, this Agreement shall apply to the Kingdom only in Europe.

ARTICLE 21

Entry into force

This Agreement shall be applied provisionally from the date of signature and shall enter into force from the date on which the Contracting Parties communicate reciprocally in writing that it has been complied with the constitutionally required formalities in their respective countries.

IN WITNESS WHEREOF, the signatories, duly authorized by their respective Governments, have signed this Agreement.

HEAR in two originals in The Hague on 23 November 1993, in the Spanish, Dutch and English languages, both equally authentic.

In case of divergence in interpretation, the English version will prevail.

OF THE REPUBLIC OF ARGENTINA

FOR THE GOVERNMENT OF THE KINGDOM OF BASIC COUNTRIES

Annex

PART A

PLAN de RUTAS AND TRAFIC RIGHTS

1. For the Argentine Republic

Buenos Aires - intermediate points in South America - a point in Africa - intermediate points in Europe - Amsterdam- points beyond in Europe and Tel Aviv, and vice versa with the possibility of omitting points of the route and with traffic rights of the Third, Fourth and Fifth freedom.

2. For the Kingdom of the Netherlands

Amsterdam - intermediate points in Europe - a point in Africa - intermediate points in South America - Buenos Aires - points beyond in South America, and vice versa with the possibility of omitting points of the route and with traffic rights of Third, Fourth and Fifth Freedom.

PART B

CAPACITY AND RULES

1. The designated airline of any Party shall have the right to operate three (3) weekly services with any type of aircraft of any configuration, in order to establish indistinctly combined flights - passenger-load and correspondence flights, and/or pure cargo flights on the routes specified in the Routes Programme.

2. The designated airline of Argentina will have the right to operate its three weekly services already exclusively using its own designation code, or the code shared with Iberia or combining these two modalities.

If the designated airline of Argentina operates exclusively, with the code shared with lberia, the designated airline of Argentina will have the right to operate five weekly services.

In the event that the designated airline of Argentina operates by combining the two modalities, the following applies:

a. The first weekly service operated by Argentine Airlines with its own designation code will replace a weekly service operated with a shared code;

b. The second weekly service operated by Argentine Airlines with its own designation code will replace two weekly services operated with a shared code;

c. The third weekly service operated by Argentine Airlines with its own designation code will replace the last two weekly services operated with a shared code.

Ministry of Foreign Affairs, International Trade and Worship

DITRA N° 102/96

The Ministry of Foreign Affairs, International Trade and Worship DiDirección de Tratados,, presents its attentive greetings to the Embassy of the Kingdom of the Netherlands and has the honour to refer to the AGENTIN REPUBLIC GOVERNMENT AND THE GOVERNMENT OF THE KINGDOM OF BAJOS COUNTRIES ON EREOS SERVICES, signed in The Hague on November 23rd.

In this regard, there is a printing error in article 4, paragraph 4, of the Spanish language text, and it proposes its reprint for the following:

"Each Contracting Party shall have the right to deny the granting of the operating authorizations referred to in paragraph 2 of this Article or to grant such authorization in accordance with the conditions it deems necessary for the designated airline to exercise the rights specified in Article 2 of this Agreement, if it is not satisfied that the substantial property and the effective control of the airline are placed in the possession of the Contracting Party which designates the airline or the airline."

The note of response of that Representation by expressing the acceptance of the above-mentioned Agreement will ultimately make the Spanish language of Article 4, paragraph 4, of the said Agreement, in accordance with Article 79 of the Vienna Convention on the Law of Treaties.

The Ministry of Foreign Affairs, International Trade and Worship, DiDirction of Treaties . takes the opportunity to reiterate to the Embassy of the Kingdom of the Netherlands the assurances of its highest consideration.

Buenos Aires, 10 April 1996

AMBASSADE VAN HET KONINKRIJK DER NEDERLANDEN

REALLY ENVIRONMENT OF THE BABY COUNTRIES

No. BUE-0205

The Royal Embassy of the Netherlands presents its attentive greetings to the Ministry of Foreign Affairs, International Trade and Worship y Treaty Management y and has the honour to confirm the receipt of Note No. 102/96 dated 10 April 1996 relating to the "Agreement between the Government of the Argentine Republic and the Government of the Kingdom of the Netherlands on Air Services" signed in The Hague on 23 November 1993, the content of which reads:

The Royal Embassy of the Netherlands has the honour to confirm that the competent Dutch authorities agree with the proposal, referred to in the above-mentioned Note and that, in accordance with Article 79 of the Vienna Treaty relating to the Law of Treaties of 23 May 1969, the Spanish language formulation of Article 4, paragraph 4, of the Agreement on Air Services is final.

The Royal Embassy of the Netherlands makes use of this occasion to bring to that Honorable Chancellery the assurances of its highest and most distinguished consideration.

Buenos Aires, 20 May 1996