Agreements Agreement Between Argentina And Panama On Aerial Services - Approval - Full Text Of The Norm

Original Language Title: ACUERDOS ACUERDO ENTRE ARGENTINA Y PANAMA SOBRE SERVICIOS AEREOS - APROBACION - Texto completo de la norma

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ACUERDOS Law 26.450 Approve the Agreement between the Argentine Republic and the Republic of Panama on Air Services, signed on 20 November 2006. Sanctioned: December 3, 2008 Cast: January 5, 2009

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

ARTICLE 1 Appropriate the agreement between the ARGENTINA REPUBLIC and the PANAMA REPUBLIC on AEREOS SERVICES, signed in Buenos Aires .REPUBLICA ARGENTINA A on 20 November 2006, which consists of VEINTINUEVE (29) articles and TRES (3) annexes, whose authenticated photocopy is part of this law.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE THREE DAYS OF THE YEAR TWO MIL OCHO.

_

JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.

Agreed to the ARGENTINA REPUBLIC AND the PANAMA REPUBLIC ON AEREAL SERVICES

The Argentine Republic and the Republic of Panama, henceforth the Parties, being parties to the Convention on International Civil Aviation that was opened for signature in Chicago on 7 December 1944;

Wishing to conclude an agreement for the purpose of establishing air services between their respective territories;

Wishing to ensure the highest degree of protection and security in international air transport;

Wishing to facilitate the expansion of international air services opportunities between the two countries; and

Wishing to enable airlines to provide travellers and freight forwarders with various service options within a framework of sound competition and equal opportunities in the supply of such services,

They agreed to the following:

ARTICLE 1

Definitions

1. For the purposes of this Agreement, unless otherwise provided, the term:

(a) "Aeronautical powers" means, in the case of the Argentine Republic - the Ministry of Federal Planning, Public Investment and Services, Ministry of Transport - Undersecretary of Aerocommercial Transport or any other person or agency authorized to perform the functions performed by those Authorities, and in the case of the Republic of Panama, the Civil Aviation Authority, or any other person or agency authorized to perform the functions;

(b) "Agreed Services" means air services for the transport of passengers, cargo and mail, separately or in combination;

(c) "Agreement" means this Agreement, its annexes and any amendments;

(d) "Convention" means the Convention on International Civil Aviation that was opened for signature in Chicago on 7 December 1944, and which includes any Annex to the Convention adopted under Article 90 of the Convention, and any amendment to the Annexes or the Convention under Articles 90 and 94 that have been adopted or ratified by the two Parties;

(e) "Designed airline" means an airline designated and authorized in accordance with Article 3 of this Agreement;

(f) "specified route" means the route specified in the schedule of routes in the annex to this Agreement, in which the airline(s) designated by the Parties shall operate international air services;

(g) "Tarifas" means the prices and charges to be paid for air transportation of passengers, baggage and cargo and the conditions under which these prices are applied, including prices and conditions for agents and other auxiliary services, but excluding remuneration and conditions for the transportation of postal cargo;

(h) "Air services", "international air service", "airline" and "free trade" have their meanings respectively assigned in Article 96 of the Convention;

(i) "Territory" has its meaning assigned in Article 2 of the Convention.

(j) "Air Operator" has its meaning assigned in Article 2, Chapter 1 of the Convention signed in Rome on 7 October 1952;

2. The titles of the Articles in this Agreement are only for their convenient reference and shall not in any way affect the interpretation of the Articles.

ARTICLE 2

Grant of Rights

1. Each Party grants the other Party the following rights for the operation of international air services carried out by the airline of the other Party:

(a) The right to fly over its territory without landing;

(b) The right to make scales in its territory for non-commercial purposes;

(c) The right to make scales at the points indicated in the Routes Table, in order to take or leave international traffic of passengers, cargo and mail, separately or in combination.

2. The provisions of paragraph 1 of this Article do not imply the granting, to the airlines of a Party, of the right, in the territory of the other Party, to admit on board passengers, cargo or mail that are carried for remuneration and that they are addressed to another point in the territory of that other Party (cabotage). However, both Parties may exercise the right to hold stop-stop-over

ARTICLE 3

Designation and Authorization

1. Each Party shall have the right to designate the other Party, one or more airlines to operate the services agreed on the specified routes and to withdraw or alter such designations.

2. Upon receipt of such designation, and in accordance with the provisions of Article 4 of this Agreement, the aeronautical authorities of the other Party shall promptly grant to the designated airline or airline, due authorizations to operate the agreed services for which the airline has been designated.

3. Upon receipt of such authorizations, the airline may at any time begin to operate the agreed services, in whole or in part, provided that it complies with the provisions of this Agreement.

ARTICLE 4

Revocation of Authorization

1. The aeronautical authorities of each Party shall have the right to withdraw the authorizations referred to in Article 3 of this Agreement, with respect to the designated air/s line/s of the other Party, to withdraw or suspend such authorizations or impose conditions, temporarily or permanently,

(a) in the event that the airline does not prove to the aeronautical authorities of the other Party the conditions required under the laws and regulations normally applied by such authorities in accordance with the Convention;

(b) in the event that such airline does not comply with the laws or regulations of the other Party;

(c) In the event that the substantial ownership and effective control of the airline does not belong to the Party designating it or its nationals, in accordance with the legal provisions of the Party designating the airline;

(d) in the event that the airline ceases to operate in accordance with the conditions prescribed in this Agreement;

2. Unless it is essential to take immediate measures to prevent the persistence of non-compliance with the above-mentioned laws and regulations, the rights listed in paragraph 1 of this Article shall be exercised only after consultations with the aeronautical authorities of the other Party.

ARTICLE 5

Application of the Laws

1. The laws, regulations and procedures of a Party relating to the entry, stay, or departure of its territory from an aircraft engaged in international air transport, or to the operation and navigation of such aircraft while remaining in its territory, shall be filled by such aircraft in its entry, departure or as long as it remains in the territory of that Party.

2. The laws and regulations of a Party relating to the entry, dispatch, security of aviation, immigration, passports, customs and quarantine shall be filled by the airline(s) of the other Party and by or on behalf of its crew, passengers, cargo and mail, in its transit, entry, departure and as long as they remain in the territory of that Party:

3. Passengers, baggage and cargo in direct transit through the territory of each Party and who do not leave the airport area for that purpose shall, except for security reasons against violence or unlawful seizure, be subject to no more than control.

None of the Parties shall give preference to their own airlines on an airline of another Party participating in international air services, in the application of customs, immigration, quarantine and similar regulations.

ARTICLE 6

Operational security

Each Party may at any time request consultations on the security standards applied by the other Party with respect to flight crews, aircraft and the operation of aircraft. Such consultations shall be held within thirty (30) days from the date of the respective request.

1. If, after such consultations, one Party ascertains that the other Party does not effectively implement or apply security standards in the above-mentioned fields, which, at the least, corresponds to the minimum standards established at that time under the Convention, the first Party shall notify the other Party of its findings and steps, which are deemed necessary for the implementation of such minimum standards, in turn adopting the corresponding remedial measures. In the event that the other Party does not take appropriate measures within fifteen (15) days or within a previously agreed longer period, the provisions of article 4, item 1, shall apply.

2. Without prejudice to the obligations set out in article 33 of the Convention, it is agreed that each aircraft used by air companies designated in air services from or to the territory of the other Party may be subject, while in the territory of the other Party, to a control by authorized representatives of the other Party, provided that this does not lead to unwarranted delay; that control on a platform may be carried out on board and in the vicinity of the aircraft and

3. If a control on platform or a series of controls on platform are derived:

(a) Serious suspicion that an aircraft or the operation of an aircraft does not correspond to the minimum standards set by the Convention at that time; or

(b) Serious suspicions that at that time the security standards established under the Convention are not effectively enforced or enforced, the Party conducting the control may, under the terms of Article 33 of the Convention, understand that the requirements under which the certificates and licences for the aircraft or crew in question or the requirements under which the aircraft in question is issued or validated are not equal to or are not applied.

4. In the event that access to the purpose of a control on a platform under paragraph 3 of an aircraft operated by a designated company of one of the Contracting Parties is denied by the representatives of that designated airline, the other Party may infer that there are serious suspicions in the terms of paragraph 4, and reach the conclusions referred to in that paragraph.

5. Each Party reserves the right to immediately suspend or revoke the authorization of exploitation of one or more airlines of the other Party, in the event that the first Party concludes, either as a result of a platform control or a series of platform controls, for refusal of access to a platform control effect, through consultations or otherwise, that urgent action is required to ensure the operational safety of an airline.

Any action taken by the Parties in accordance with paragraphs 2 or 6 shall be left without effect once the circumstances for such action have been overcome.

ARTICLE 7

Certificates and licenses

1. Aviation certificates, qualifications and licences issued or validated by one of the Parties shall be recognized as valid by the other Party for the exploitation of the services agreed upon in the routes specified in the Annex to this Agreement, so that the requirements under which such certificates or licences were issued or validated are equal to or above the minimum established in the Convention.

2. However, each Party reserves, for the overflight and/or landing in its own territory, the right not to recognize the qualifications and licences issued by the other Party to its own nationals.

ARTICLE 8

Aviation Safety

In accordance with their rights and obligations under international law, the Parties reaffirm that their mutual obligation to protect the security of civil aviation against unlawful interference is an integral part of this Agreement. Without restricting the scope of their rights and obligations under international law, the Parties, in particular, shall act in accordance with any existing aviation safety Convention, which is binding on both Parties.

1. The Parties shall, upon request, provide each other with all necessary assistance to prevent the illicit seizure of aircraft and other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation services, as well as to address any other threat to the safety of civil aviation.

2. The Parties, in their mutual relations, shall act in accordance with the provisions of civil aviation stipulated by the International Civil Aviation Organization and referred to as Annexes to the Convention. They will also require aircraft operators of their registration, operators who have their headquarters or permanent residence in their territory and airport operators in their territory to act in accordance with those provisions on aviation safety.

3. Each Party agrees to observe the security arrangements required by the other Party for entry into its territory, departure from it and as long as it remains therein, and to take appropriate measures to protect aircraft and inspect passengers, crew members, baggage, hand baggage, cargo and supplies before arrival on board or taking the cargo and during the course of the aircraft. Each Party shall ensure that measures to protect the aircraft are effectively implemented in its territory and to inspect passengers, crew and hand luggage through radio-scopic detection systems as well as to carry out appropriate safety checks in respect of baggage, cargo and on-board provisions before or during shipment or stiba. Each Contracting Party shall also be favourably predisposed to comply with any request by the other Party to take reasonable special security measures to address a particular threat.

4. In the event of an incident or threat of unlawful seizure of an aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation services, the Parties shall assist each other through the facilitation of communications and other appropriate measures with a view to bringing an expeditious and secure end to such incident or threat of incident, with the minimum risk to human lives.

5. Where a Party considers that the other Party has withdrawn or does not comply with the provisions on aviation safety of this Article, the aeronautical authorities of that Party may request immediate consultations with the aeronautical authorities of the other Party. Should a satisfactory agreement not be reached within 60 (sixty) days of the date of such a request; there would be justification for suspending, revoking, restricting or conditioning the operating authorization or technical permit of the airline of the other Party. When required in case of urgency, a Party may take interim measures prior to the expiration of 60 (sixty) days.

ARTICLE 9

Facilitation

1. In accordance with their rights and obligations under international law, the Parties reaffirm their mutual obligation to act in accordance with the facilitation arrangements established by the International Civil Aviation Organization (ICAO) and any other existing agreement signed by both Parties.

2. The Parties shall, upon request, afford each other all necessary assistance to simplify the movement of passengers, cargo and aircraft, in compliance with the applicable provisions of this Agreement.

3. Parties shall exchange information on facilitation through their relevant committees.

ARTICLE 10

Customs and Fellowship Rights

1. Aircraft operating in the services agreed upon by a designated airline of a Party, as well as its regular equipment, ground equipment, fuel, lubricants, expendable technical supplies, spare parts, supplies (including, inter alia, food, beverage, liquor and tobacco items) shall be exempt from all taxes and other rates and fees imposed on board in the territory of the other Party, provided that such equipment is retained, provided that such equipment is provided for

2. They will also be exempted from taxes and other similar duties and charges:

a. The supplies entered into the territory of a Party, within the limits established by the authorities of that Party, and for use in the aircraft of the designated airlines of the other Party;

b. Land equipment and spare parts entered into the territory of a Party for the service, maintenance or repair of aircraft operating the services agreed upon by the designated airlines of the other Party;

c. Fuel and lubricants for use in the operation of services agreed upon by an airline aircraft designated by a Party.

The charges for the services carried out, storage and customs accreditation shall be charged in accordance with the domestic legislation of the Parties and shall not be higher than the charges applied to any airline participating in similar international services.

3. The supplies, spare parts and other effects mentioned in paragraph 2. may be required in Customs for supervision or control.

4. The normal aboard equipment, as well as the materials, supplies and spare parts normally found in the aircraft operated by the designated airline of a Party may be discharged in the territory of the other Party only with the approval of the customs authorities of that Party. In such cases, they shall be placed under the supervision of such authorities until such time as they are re-exported or available, in accordance with the customs regulations.

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

6. The exemptions granted by this Article shall also be applied to situations in which the designated airlines of any Party have agreed with another airline(s) to provide or transfer in the territory of the other Party, the items specified in paragraph 1 and 2 of this Article, provided that the other airline(s) enjoy similarly such exemptions by the other Party.

ARTICLE 11

Capacity

The total capacity to be provided by the designated airlines of the Parties to the agreed services shall be agreed upon or approved by the aviation authorities of the Parties to the relevant Annex.

1. The agreed services to be provided by the designated airlines of the Parties shall, as a primary objective, provide capacity according to reasonable occupancy ratios to meet the needs of traffic between the territories of the two Parties.

2. Each Party shall accord just and equal opportunity to the designated airlines of both Parties to exploit the services agreed between their respective territories so that equality and mutual benefit prevail.

3. Each Party shall minimize the administrative procedures of the requirements and procedures for submission to be met by the designated airlines of the other Party and shall ensure that such requirements and procedures shall be applied on non-discriminatory basis.

ARTICLE 12

Fair competition and business opportunities

1. Each Party shall accord a fair and equitable opportunity to the designated airlines of both Parties to compete in the international air transport referred to in this Agreement.

2. Each Party shall take appropriate measures within its jurisdiction to eliminate all forms of discrimination or unfair competition with an adverse effect on sound competition between the airlines of the other Party.

ARTICLE 13

Operational modalities

1. Cooperative agreements

Designated air enterprises of each Party that have authorizations to perform the agreed air services may operate and/or offer the services agreed on the specified routes or in any of the sections of such routes, through different cooperative agreements, such as shared code, blocking of space, joint venture or other forms of cooperation, with an airline/s that have the corresponding authorization to do so, subject to the provisions normally applied.

2. Charge break

The expression "loading break at a given point of scale" means that beyond that point, the traffic on a particular route is served by the same airline with one or more aircraft other than that used on the same route prior to that scale.

Designated companies will be able to perform load break at any point of the route operated, as many times as they appreciate it convenient for their operation.

In the event of the planned breakdown of cargo, the company or companies of each Party may use from the breaking point, one or more aircraft to another point of the routes, provided that the services operating from the load-breaking point are programmed in direct connection with the service performed prior to that point and the capacity used by the entire aircraft performing the services, from the point where the aircraft is terminated, not from the designated territory.

ARTICLE 14

User information

Each Party ' s airlines shall provide appropriate information to the user at the time of requesting the reservation or contracting the transport, the different available rates and their conditions, as well as whether it was a flight without scales or with intermediate scales or with a change of aircraft on the route, or whether it is operated under the code-sharing mode, or between different transporters or through connections.

In the case of flights in a shared code or between different carriers, they will inform the passenger of the distinctive characteristics of the services of each carrier.

ARTICLE 15

Rates

1. The rates to be applied by a Party ' s designated airlines for the services covered by this Agreement shall be set at reasonable levels, with due regard to all relevant factors, including the interests of users, the cost of exploitation, the characteristics of the service, reasonable benefit, the rates of other airlines and other market-specific business considerations.

2. The Parties agree to examine with special attention the rates that may be objected to as unreasonably discriminatory, excessively high or restrictive for abuse of a dominant position, artificially low due to subsidies or direct or indirect support, or "predatory".

3. Each Party may require the registration of the rates proposed by the designated airline of the Parties for transport from its territory. For registration, no further advance may be required to 14 (14) days at the proposed date for entry into force. In special cases, the deadline may be reduced.

4. Each Party reserves the right to approve or disprove the fees for the one-way or round-trip services beginning in its own territory.

The fees to be charged by a designated airline of a Party for transport between the territory of the other Party and the territory of a third State for the services covered by this agreement shall be subject to the regulation of the other Party. None of the Parties shall take unilateral measures to prevent the commencement of the proposed tariffs or to continue to apply the existing fares for the carriage of one way or one way back to the territory of the other Party.

ARTICLE 16

Airline Representation

1. One Party ' s airlines may bring and maintain their representatives and their commercial, operational and technical staff required in connection with the agreed service operation in the territory of the other Party.

2. The requirements of such personnel, at the choice of the airline or airline of a Party, may be satisfied by their own staff or by using the services of any other organization, company or airline operating in the territory of the other Party, and may be authorized to perform such services in the territory of that Party.

3. Representatives and staff shall be subject to the existing laws and regulations of the other Party and, in accordance with these laws and regulations, each Party shall, with a minimum of delay, facilitate, as far as possible, the necessary working authorizations, visas or other documents for representatives and staff referred to in paragraph 1 of this article.

ARTICLE 17

Commercial opportunities and transfer of funds

1. Each airline shall have the right to make the sale of air transport and its auxiliary services in the territory of the other Party directly, and at its choice, through its agents. Each airline shall have the right to sell such transport in the currency of that territory, or as permitted by national law, in freely convertible currencies of other countries and any person shall have the right to buy such transport in the accepted currencies for sale by that airline.

2. The airline of each Party may participate without restrictions or any form of discrimination in the transport of passengers or cargo paid by Governments, State authorities and official agencies of the Parties, in accordance with the provisions applicable in the state in which the transport is commercialized.

3. Each Party shall provide to any airline of the other Party, the right to freely transfer to the official exchange rate or to the market rate, the excess of the income on expenditure earned by that airline on its territory, in accordance with the provisions applicable in the state in which the transport is commercialized.

4. Where there is a special payment agreement between the Parties, payments shall be made in accordance with the provisions of that Agreement.

5. The designated airline(s) of each Party shall also have equal opportunities to issue any type of transport document and to publicize and promote sales in the territory of the other Party.

ARTICLE 18

Charges to the user

Rates or other charges for the use of each airport including its facilities, technical services and other facilities, as well as any other charges for the use of air navigation, communications and services facilities shall be imposed in accordance with the rates established by each Party in the territory of its State, provided that such rates are not higher than the rates imposed by the competent authorities for the use of such airports and services to its own national aircraft for similar international services.

ARTICLE 19

Use of aircraft

1. Any Party may prevent the use of aircraft in any of its contractual modalities for the services covered by this Agreement when it fails to comply with the provisions of the Articles relating to Operational Security and Aviation Safety.

2. Subject to paragraph 1 above, designated airlines of each Party may use aircraft, in any of its contractual modalities of other airlines, provided that all airlines participating in such arrangements have appropriate authorization and meet the requirements of such arrangements, in accordance with the legal provisions of both Parties.

3. Air lease contracts may be entered into with air carriers or with aircraft lease companies.

ARTICLE 20

Prohibition of smoking

Each Party shall prohibit or make its airlines prohibit smoking on all passenger flights operated by its airlines between the territories of the Parties. This prohibition shall be applied in all locations within the aircraft and shall be in force from the time that an aircraft begins to board the passengers until the time when it completes the landing of the passengers.

ARTICLE 21

Environmental protection

Parties shall promote the protection of the environment and the sustained development of aviation.

With respect to the operations between their respective territories, the Parties agree to comply with the recommended standards and methods (SARPS) of the Annexes to the Convention and the existing policies and guidance of ICAO on environmental protection, to the extent that such standards are included in their respective national legislations.

ARTICLE 22

Statistics

1. The aeronautical authorities of both Parties shall provide to the aeronautical authorities of the other Party, at their request, periodic statistical reports or similar information, relating to the traffic transported in the agreed services, as reasonably required for the purpose of reviewing the capacity of the agreed air services and keeping a record.

2. Aeronautical authorities of one of the Parties may require airlines of the other Party to submit statistical reports.

ARTICLE 23

Consultations

1. In a spirit of close collaboration, the aeronautical authorities of both Parties shall consult each other on a regular basis with a view to ensuring the implementation and successful implementation of the provisions of this Agreement and when amendments are required.

2. Any Party may request consultations, which shall commence within a period of 60 (sixty) days from the date of request, except that both Parties decide to extend that period.

ARTICLE 24

Dispute Settlement

1. In the event of a disagreement between the Parties regarding the interpretation or application of this Agreement, the Parties shall first try to resolve it through consultations and negotiations.

2. If the Parties fail to reach a solution through consultation and negotiation, they may agree to submit the dispute to the decision of a person or body, or any Party may submit such a dispute to the decision of a court of three arbitrators, which shall be constituted as follows:

(a) Within thirty days of receipt of the request for arbitration, each Party shall designate an arbitrator. Within 60 days after these two arbitrators have been appointed, a third arbitrator shall, by agreement, be appointed as chairman of an arbitral tribunal.

(b) If either Party does not designate an arbitrator or if the third arbitrator is not appointed in accordance with subparagraph (a) of this paragraph, any Party may require the President of the Council of the International Civil Aviation Organization to designate the necessary arbitrator or arbitrators within 30 days. If the President of the Council has the same nationality as one of the Parties, he shall make the appointment the oldest vice president who is not disqualified by the same cause.

3. The Parties shall comply with any decision taken in paragraph 2 of this Article.

4. If any Party or designated airlines of any Party fails to comply with the decision taken in paragraph 2 of this Article, the other Party may limit, withdraw or revoke any of the rights or privileges that have been guaranteed under this Agreement to the Party in default.

5. The Parties shall bear the costs of the arbitrator they appoint. The costs of the arbitral tribunal shall be shared by the Parties.

ARTICLE 25

Modifications

1. If any Party considers it desirable to modify any of the provisions of this Agreement, it may request consultations with the other Party. Any modification shall be made in accordance with the existing legal procedures of each Party and shall enter into force when confirmed by an exchange of diplomatic notes, upon completion of the internal constitutional procedures of each Party.

2. Amendments to Annexes may be made by direct agreement between the aeronautical authorities of the Parties. Such modifications shall be effective from the date agreed by the aeronautical authorities.

ARTICLE 26

Multilateral conventions

This Agreement shall be amended to conform to any multilateral convention that becomes binding on both Parties.

ARTICLE 27

Termination

1. Any Party may notify the other Party in writing, by diplomatic means, of its decision to terminate this Agreement; it must be communicated simultaneously to the International Civil Aviation Organization. This Agreement shall terminate twelve (12) months after the date on which the notification of the other Party is received, unless the withdrawal of the notification is mutually agreed upon, prior to the expiry of the above-mentioned period.

2. In the event that the other Party does not acknowledge receipt of the notification, the notification shall be deemed to have been received 14 days after the date of receipt of the notice by the International Civil Aviation Organization.

ARTICLE 28

Registration

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

ARTICLE 29

Entry into force

This Agreement shall be adopted in accordance with the constitutional requirements of each Party and shall enter into force on the date of the exchange of diplomatic notes confirming that all constitutional procedures required for the entry into force of the Agreement have been completed.

Made in two copies in Buenos Aires, on 20 November 2006, in Spanish, both equally valid.

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Annex I

Table of Routes

1. Routes to operate through the Panamanian airline(s) in both directions:

Points of origin

Intermediate points

Target points

Points beyond

Points in the Republic of Panama

Any point in South America

Any point in the Argentine Republic

Any point in South America

2. Routes to operate through the Argentinean airline(s) in both directions:

Points of origin

Intermediate points

Target points

Points beyond

Points in the Argentine Republic

Any point in the American Continent

Points in the Republic of Panama

Any point in the American Continent

I.- The capacity of the services is set at fourteen (14) weekly frequencies for each Party, with any type of aircraft.

II.- The airlines of the Parties are authorized to operate all points indicated above in the Roads Table. The intermediate points can be operated as points beyond and vice versa and with traffic rights of third, fourth, fifth and sixth freedoms.

III.- The capacity not used by one of the Parties may be used by the other in air transportation services to or from any point in Argentina, except Buenos Aires.

Annex II

Air cargo services

1. Any designated airline dealing with international air cargo transport:

(a) receive non-discriminatory treatment with regard to access to facilities and services for the dispatch, handling, storage of the load and facilitation;

(b) subject to local laws and regulations may directly use or exploit other modes of transport;

(c) may use leased aircraft provided that such exploitation complies with the equivalent aviation safety and operational safety standards applicable to other designated airline aircraft;

(d) may conclude cooperation arrangements with other air carriers, including, without limitation, shared codes, capacity reserve and services between airlines; and

(e) It may determine its own cargo rates and may be required to submit them to the aeronautical authorities of any Party.

2. In addition to the rights set out in paragraph 1, each designated airline dealing with cargo transport exclusively in regular and non-regular services may provide such services to and from the territory of each Party, without restrictions on the frequency, capacity, routes, type of aircraft and origin or destination of the cargo, from previous points in its territory, via points in its territory and intermediate points, to points located in the territory of the other party and to points beyond, 4

The shared code regime will be applicable to exclusive cargo services, which can be carried out between companies of both Parties and third-country companies, provided they have the corresponding authorizations.

Annex III

Non-regular and charter operations

1. The authorized airlines of each Party shall, in accordance with the terms of such authorization, be entitled to carry out non-regular international air transport to and from any point or point in the territory of the other Party, directly or with route scales, for the carriage of one way or the return of any traffic to or from a point or point in the territory of the Party which has authorized the airline. Charter flights will also be allowed with several destination points. In addition, a Party ' s airline may carry out charter flights with traffic whose origin or destination is the territory of the other Party.

2. Each airline authorized to carry out air transportation under this provision shall comply with the laws, regulations and rules of both Parties.