The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:ARTICLE 1 Approve the Agreement between the Government of the Argentine Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on Air Services, signed in Buenos Aires on 24 January 1992, which consists of eighteen (18) articles and one (1) Annex, whose authenticated photocopy is part of this Act. ARTICLE 2 Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTISEIES OF THE 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
THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ON AMERICAL SERVICES
The Government of the Argentine Republic and the Government of the United Kingdom of Great Britain and Northern Ireland,
Being Parties to the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944;
Wishing to conclude a supplementary agreement to that Convention for the purpose of establishing air services between their respective territories,
They agreed on the following:
For the purposes of this Agreement, unless otherwise required by the context:
(a) the term "the Chicago Convention" refers to the Convention on International Civil Aviation, opened for signature in Chicago on 7 December 1944 and includes: (i) any amendment made to the Convention in accordance with Article 94 (a) and ratified by both Contracting Parties; and (ii) any Annex or any amendment adopted under Article 90 of the Convention, provided that such amendment or annex is in force, at the appropriate time, for both Parties;
(b) the term "Aeronautical authorities", refers, in the case of the United Kingdom, to the Secretary of State for Transport, and for the purposes of Article 7, to the authority of Civil Aviation. In the case of Argentina, it refers to the National Air Transport Authority and, for the purposes of Article 9, to the Air Region Command or, in both cases, to any person or entity authorized to perform any of the functions currently carried out by the aforementioned utsupra authorities or similar functions;
(c) the term "designated airline" refers to an airline designated and authorized in accordance with Article 4 of this Agreement;
(d) the terms "air service", "international air service", "airline" and "scales for non-commercial purposes" have the meaning that respectively were assigned to it in Article 96 of the Chicago Convention;
(e) the term "the present Agreement" includes the Annex to it and all amendments made to it or to this Agreement.
(f) the term "territory" means the continental territory of Argentina or the United Kingdom, as the case may be.
Applicability of the Chicago Convention
The provisions of this Agreement shall be subject to the requirements of the Chicago Convention in respect of those provisions relating to international air services.
Protection of Rights
(1) Each Contracting Party grants the other Contracting Party the following rights in respect of its international air services:
(a) the right to fly over its territory without landing;
(b) The right to make scales in its territory for non-commercial purposes.
(2) Each Contracting Party grants the other Contracting Party the rights set forth in this Agreement for the purpose of operating international air services on the routes specified in the relevant Section of the Annex incorporated into this Agreement.
These services and routes will then be called "the agreed services" and "specified routes" respectively. When an agreed service is operating on a specified route, the airlines designated by each Contracting Party shall, in addition to the rights specified in paragraph (1) of this Article, enjoy the right of landings in the territory of the other Contracting Party, at the points specified for that route in the Routes Plan, Annex to this Agreement for the purpose of embarking and disembarking, passengers and for carrying and unloading, including the following.
(3) The provisions of paragraph (2) of this Article do not grant designated airlines of one of the Contracting Parties the right to embark on the territory of the other Contracting Party passengers and cargo, including mail, to be transported on a onerous basis and to another point in the territory of the other Contracting Party.
(4) In case of armed conflict, political disturbances or special and unusual circumstances, a designated airline of one of the Contracting Parties cannot operate a service on its normal route, the other Contracting Party shall, by all means, seek to facilitate the continued operation of such service by means of a temporary and appropriate relocation of the routes in question.
Designation and Authorization of Airlines
(1) Each Contracting Party shall have the right to designate in writing to the other Contracting Party, one or more airlines for the purpose of operating the services agreed on the specified routes and to withdraw or modify such designations.
(2) Upon receipt of the relevant designation, the other Contracting Party, subject to the provisions of paragraphs (3) and (4) of this Article, shall promptly grant the designated airline or airline the corresponding operating authorizations.
(3) The aeronautical authorities of one of the Contracting Parties may require an airline designated by the other Contracting Party to give sufficient evidence that it is able to comply with the conditions prescribed in accordance with the laws and provisions that normally and reasonably apply such authorities to the operation of international air services in accordance with the provisions of the Chicago Convention.
(4) Each Contracting Party shall have the right to deny the granting of the operating authorizations referred to in paragraph (2) of this Article. It shall also have the right to impose such conditions as it deems necessary for the exercise by the designated airline of the rights specified in Article 3 (2) of this Agreement, where such Contracting Party is not convinced that the substantial ownership and effective control of that airline is vested by the Contracting Party which designates the airline or its nationals.
(5) Once the airline has been designated and authorized, it may begin to operate the agreed services provided that the airline complies with the relevant provisions of this Agreement.
Revocation or Suspension of Operation Authorizations
(1) Each Contracting Party shall have the right to revoke an operating authorization of an airline designated by the other Contracting Party, or to suspend the exercise of the rights specified in Article 3 (2) of this Agreement, as well as to impose the conditions it considers necessary in the exercise of these rights:
(a) in any event that it is not convinced that the substantial ownership and effective control of that airline are provided by the Contracting Party that designates the airline or the nationals of that Contracting Party; or
(b) in the event that the airline does not comply with the laws and provisions that are normally and reasonably stipulated by the Contracting Party in granting such rights; or
(c) if the airline, in any way, does not operate in accordance with the conditions prescribed in this Agreement.
(2) Unless the immediate revocation, suspension or imposition of the conditions referred to in paragraph (1) of this Article is essential to avoid further violations of the laws and provisions, this right shall be exercised only after the corresponding consultation with the other Contracting Party has been carried out.
Principles Governing the Operation of Agreed Services
(1) There will be an equal and fair opportunity for the designated airlines of both Contracting Parties to operate the services agreed on the routes specified between their respective territories.
(2) When operating the services agreed, the designated airlines of each Contracting Party shall take into account the interests of the designated airlines of the other Contracting Party not to unduly affect the services provided by the latter in all or part of the same routes.
(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 offer, to a reasonable occupancy coefficient, of an adequate capacity to meet the current needs and reasonable forecasts for the transport of passengers and/or cargo, including the mail, which arrives or is destined to the territory of the Contracting Party designated by the airline. Provisions for the transport of passengers 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 shall be carried out in accordance with the principles that the capacity shall be related to:
(a) traffic requirements, either towards or from the territory of the Contracting Party that has designated 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.
1. The rates to be fixed by the airline or designated airlines of each Contracting Party for the transport of traffic in the services agreed between the territories of the two Contracting Parties shall be established, in accordance with the provisions of this Article, at reasonable levels, with due consideration of all relevant factors, including the interests of the users, cost of operation, reasonable benefit and market conditions. Designated airlines may consult with each other or, if desired, with other airlines about the tariff proposal but will not be required to do so before submitting a proposed fee. Each designated airline will be entitled to set a fee individually.
2. The term "tarifa" means:
(i) the ticket price fixed by an airline for the transport of passengers and their luggage in air, regular services and charges and conditions for additional services to such transport;
(ii) the freight rate fixed by an airline for cargo transport (excluding mail) in regular air services;
(iii) the conditions governing the availability or applicability of any of such fees or freights including any benefit inherent in them; and
(iv) the fee of the commission paid by an airline to an agent in respect of the tickets or air guides sold by this agent for transportation in regular air services.
3. The fees to be fixed by the airline or designated airlines of each Contracting Party for the transport of traffic in services agreed between the territories of the two Contracting Parties shall be submitted to the aeronautical authorities of both Contracting Parties for approval, unless the aeronautical authorities of any of the Contracting Parties notify the designated airline or airlines of the other Contracting Party that such submission is not necessary. Such a presentation, if required, shall be made in advance not less than forty (40) days prior to the proposed date for the application of fees, or, in the case of equalization presentations, not less than three days prior to the proposed date for the application of the rate. The aeronautical authority of a Contracting Party requiring the presentation of fees will give prompt and attentive consideration to requests for submissions less in advance, especially if tariff changes relate primarily to circumstances beyond airline control. If within twenty-five (25) days following the date of receipt, the aeronautical authority of a Contracting Party would not have notified the aeronautical authority of the other Contracting Party of its disqualification with the rates that were submitted to it, such rates shall be deemed accepted or approved and shall enter into force on the date set out in the proposal.
In the event that the aeronautical authorities accepted a lesser period for the presentation of a fee, they may also decide that the period for reporting the disconformity is less than twenty-five (25) days. Subject to the good faith of the proposed rates established pursuant to paragraph 6 of this Article, the presentations of tariff equating shall be allowed to enter into force at the established date.
4. In the event that the aeronautical authorities of a country consider that a rate that came into force in accordance with the above provisions seriously harms another or other airlines on a specific route or routes, those aeronautical authorities could consult the aeronautical authorities of the other country.
5. No fee shall enter into force if the aeronautical authorities of any of the Contracting Parties have notified their disagreement in accordance with paragraph 3 of this Article, and no decision has been made regarding the tariff under the provisions of Article 13 of this Agreement.
6. The aeronautical authorities of each Contracting Party shall permit the airline or designated airlines of the other Contracting Party to equip any rate currently approved by those authorities for the transport of traffic in the services agreed between the territory of the two Contracting Parties on an identical basis in terms of routes, applicable conditions and types of service. In all cases of equating, tariff presentations will include satisfactory proof of the availability of rates to be equated and the compatibility of equating with the requirements of this Article.
7. The rates to be fixed by the airline or designated airlines of a country for transport between the territory of the other country and a third State shall be submitted for approval by the aeronautical authorities of the other Contracting Party, unless those aeronautical authorities notify the airline or designated airlines that such submission is not necessary. Each fee will be approved if it is identical in level, conditions and expiration date to the rate commonly approved by those aeronautical authorities and applied by a designated airline of that other country for the transport between its territory and that of a third State, provided that the aeronautical authorities may withdraw its approval if the equal rate is discontinuated for some reason or may change the terms of the approval to adapt to any approved variation.
8. The rates established pursuant to this Article shall remain in force until new rates have been established in accordance with the provisions of this Article.
(1) Aircraft operating in international air services shall be exempt from the payment of customs duties, internal taxes, value-added tax, and other national taxes, as shall be:
(a) the following items introduced by an airline or designated airlines of a Contracting Party in the territory of the other Contracting Party:
(i) repair, maintenance and service equipment and components;
(ii) security equipment, including components for incorporation into the security team;
(iii) instructional materials and training materials; and
(b) the following items introduced by an airline or designated airlines of one of the Contracting Parties to the territory of the other Contracting Party or supplied to the designated airline or airlines of a Contracting Party, in the territory of the other Contracting Party;
(i) provisions for aircraft (including but not limited to such items as food, beverages and tobacco) introduced or boarded in the territory of the other Contracting Party;
(ii) expendable fuel, lubricants and technical materials;
(iii) spare parts, including engines;
in each case they will be used on board an aircraft or within the limits of an international airport with respect to the establishment and maintenance of an international air service by the airline or designated airlines in question.
(2) The exemption from payment of customs duties, internal taxes, value-added tax, and other national taxes shall not be extended to tax on the basis of the cost of services established for the airline or designated airlines of a Contracting Party in the territory of the other Contracting Party.
(3) The equipment and provisions referred to in paragraph (1) of this Article may be requested to remain under the supervision or control of the relevant authorities.
(4) Exemptions established by this Article shall also apply in situations in which the airline or designated airlines of a Contracting Party have made agreements with another airline or airline for the loan or transfer in the territory of the other Contracting Party of the items specified in paragraph (1) of this Article, provided that such airline or airline enjoys such exemptions similarly from the other Contracting Party.
ARTICLE 8 bis
Charges to Users
(1) The term "user charges" means a charge made to airlines by the competent authorities or authorized by them for the supply of the goods or facilities of the airport or of the air navigation facilities, including the services and facilities related to them, for aircraft, crew, passengers and cargo.
(2) A Contracting Party shall not impose or permit the imposition of the designated airline or airline from the other Contracting Party, charges for users greater than taxes on its own airlines operating similar international air services.
(3) Each Contracting Party shall promote the consultation on user charges among its competent authorities, and the airlines that use the services and facilities provided by those competent authorities, through the representative agencies of the airlines where such consultations are possible. Reasonably anticipated notification of any change proposal on user charges should be communicated to such users to enable them to express their views before the changes are made.
(1) As the security guarantee for civil aircraft, their passengers and crew a fundamental pre-condition for the operation of international air services, the Contracting Parties reaffirm that the obligations of one to the other, in order to provide the necessary for the safety of civil aviation against acts of unlawful interference (and in particular their obligations under the Chicago Convention, the Convention on the Infringements and Certain Other Acts signed to the Eradication of the Hague,
(2) The Contracting Parties shall provide one to the other, upon request, any assistance necessary to prevent acts of unlawful abduction of civilian aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and aircraft facilities and any other threat to the safety of civil aviation.
(3) The Contracting Parties, in their mutual relations, shall act in accordance with the Aviation Safety Standards, and to the extent they are applied by them, with the Recommended Practices established by the International Civil Aviation Organization and designated as Annexes to the Chicago Convention; and shall require the aircraft operators of their respective records, operators holding their principal headquarters or permanent residence in their respective territories, and the airport operators in their respective territories,
In this paragraph, the reference to aviation safety standards includes any difference reported by the Contracting Party concerned. Each Contracting Party shall inform the other Party in advance of its intention to notify any difference.
(4) Each Contracting Party shall ensure that effective measures are taken within its territory to protect the aircraft, to protect the passengers and their belongings and to carry out appropriate checks to the crew, cargo (including accompanied baggage) and provisions of the aircraft before and during shipment and cargo, and that such measures are intensified according to the threat. Each Contracting Party agrees that its airlines may be requested to observe the aviation safety provisions referred to in paragraph (3) and required by the other Contracting Party for entry, exit or stay in the territory of the other Contracting Party. Each Contracting Party shall also comply with any request by the other Contracting Party to take special security measures that are reasonable in the face of a particular threat.
(5) In the event of 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 and crew, airports or aircraft installations, the Contracting Parties shall provide mutual assistance, providing communications and other appropriate measures to terminate it in a short time, so that this incident or threat may have a minimal risk of life.
Supply of Statistics
The aeronautical authorities of a Contracting Party shall provide to the aeronautical authorities of the other Contracting Party, at their request, the periodic status of the statistics or any other similar report reasonably required for the purpose of examining the dis-entered capacity of the services agreed by the designated airlines of the Contracting Party, to which reference is made in the first place in this Article. These statistics will include any information required to determine the volume of traffic transported by those airlines in the agreed services and the origin and destination of such traffic.
Transfer of wins
Each designated airline shall have the right to convert and forward to its country, upon request, the income exceeding locally disbursed amounts. Conversion and remission shall be permitted without restriction, at the rate of exchange applicable in current transactions, and in force at the time when such income is submitted for conversion and remission, and shall not be subject to any tax except those usually imposed by banks in carrying out such transactions.
Airline representation and sales
(1) The airline or designated airlines of a Contracting Party shall be authorized, in accordance with the laws and regulations relating to entry, residence and employment of the other Contracting Party, to bring and maintain in the territory of the other Contracting Party its own administrative, technical, operational and specialized personnel necessary for the provision of air services.
(2) The designated airlines of each Contracting Party shall have the right to make the sale of air transport in the area of the other Contracting Party, either directly or through representatives. The designated airlines of each Contracting Party shall have the right to sell, and any person shall be free to buy such transportation in local currency or in any other free convertibility currency.
Any Contracting Party may at any time request consultations on the implementation, interpretation, application or modification of this Agreement or its implementation. Such consultations, which may be between aeronautical authorities, shall commence within a period of (sixty) 60 days from the date on which the other Contracting Party receives the request in writing, unless otherwise agreed by the Contracting Parties.
(1) In the event that any dispute arises between the Contracting Parties regarding the interpretation or application of this Agreement, the Contracting Parties shall, first, attempt a solution through negotiation.
(2) In the event that Contracting Parties do not arrive at a dispute settlement through negotiation, they may refer it to the person or entity that they agree or, at the request of any Party, may submit it to the decision of a court consisting of three arbitrators in accordance with the following indications:
(a) within thirty days of receipt of the request for arbitration, each Contracting Party shall designate an arbitrator. A national of a third State, who shall act as president of the court, shall be appointed as the third arbitrator by agreement between the two arbitrators, within 60 days of the appointment of the second;
(b) If no designations have been made within the specified time limit, any Contracting Party may request the President of the International Court of Justice to make the necessary designations within 30 days. If the President is of the same nationality as one of the Contracting Parties, the designations shall be made by the oldest Vice-President who is not disqualified.
(3) Except as set forth in this Article or otherwise agreed by the Contracting Parties, the court shall determine, the limits of its competence and establish its own procedure. In accordance with the directives of the court or at the request of any Contracting Party, a conference will be held, which may not be delayed longer than 30 days after the establishment of the full court, to determine the precise topics for arbitration and the specific procedures to be followed.
(4) Unless otherwise agreed by the Contracting Parties, or the court prescribes otherwise, each Contracting Party shall submit a memorandum within 45 days of the establishment of the tribunal. The answers should be delivered within 60 days. The court shall hold a hearing at the request of either Party or, in its opinion, within 30 days of the date provided for in the replies.
(5) The court shall attempt to make a written decision within 30 days of the end of the hearing or, in the event of no hearing, 30 days after the date of submission of the replies. The ruling will be issued by a majority of votes.
(6) The Contracting Parties may submit applications for clarification of the judgement within 15 days of receipt and such clarification shall be issued within 15 days of the application.
(7) The court ruling shall be binding on Contracting Parties.
(8) Each Contracting Party shall pay the costs of the arbitrator designated. The other costs of the tribunal shall be shared equally by the Contracting Parties, including the costs incurred by the President or Vice-President of the International Court of Justice in the implementation of the procedures specified in paragraph (2) (b) of this Article.
Any modification of this Agreement and its Annex agreed upon by the Contracting Parties shall enter into force once confirmed by the Exchange of Notes by diplomatic means.
The provisions of this Agreement on Air Services may be extended to those territories whose international relations are the responsibility of the Government of the United Kingdom, as may be agreed between the Contracting Parties through an exchange of notes.
Any Contracting Party may at any time notify the other Contracting Party in writing of its decision to denounce this Agreement. Such notification shall be communicated simultaneously to the International Civil Aviation Organization. This Agreement shall end at midnight (at the place of receipt of the notification) immediately before the first year of the date of receipt of the notification by the other Contracting Party, unless the notification is withdrawn by agreement before the end of this period. In the absence of receipt by the other Contracting Party, the notification shall be deemed received 14 days after receipt by the International Civil Aviation Organization.
Entry into force
Each Contracting Party shall notify the other in writing by diplomatic means of compliance with the constitutional formalities required for the entry into force of this Agreement. This Agreement shall enter into force on the date of the last of the two notifications.
In faith, the signatories, duly authorized by their respective Governments, sign the present Agreement. Made in Buenos Aires, on the 24th day of the month of January 1992, in two originals in Spanish and English, both texts being equally authentic.
By the Government of the Argentine Republic
Guido DI TELLA
Minister for Foreign Affairs and Worship
By the Government of the United Kingdom of Great Britain and Northern Ireland
Tristan GAREL- JONES
Minister of State for Foreign and Commonwealth Affairs
PLAN de RUTAS
Routes in which the UK airline or designated airlines operate:
Points in the United Kingdom .points intermediates . points in the Argentine Republic.
1. The routes can be operated in both directions.
2. The United Kingdom airline or designated airlines may in any or all of their flights fail to make a stop at any of the above points provided that the services agreed on these routes begin at a point in the territory of the United Kingdom.
3. No traffic may be shipped at an intermediate point or disembarked at points of the Argentine Republic or at points of the Argentine Republic to be disembarked at a point outside of the Argentine Republic, and vice versa, except as may be agreed by the aeronautical authorities of the Contracting Parties. This restriction also applies to all forms of traffic with stops stays.
Routes in which the airline or designated airlines of Argentina will operate.
Points of the Argentine Republic .points intermediates . points in the United Kingdom.
1. The routes can be operated in both directions.
2. The airline or designated airlines of the Argentine Republic may in any or all of their flights omit to make a stop at any of the above points provided that the services agreed on these routes begin at a point in the territory of the Argentine Republic.
3. No traffic may be shipped at an intermediate point or disembarked at points in the United Kingdom or at points in the United Kingdom to be disembarked at a point outside of the United Kingdom, or vice versa, except as may be agreed by the aeronautical authorities of the Contracting Parties.
This restriction also applies to all forms of traffic with stops stays.