Navigation Aerea Argentinean Company Of Navigation Aerea- Creation - Updated Text Of The Norm

Original Language Title: NAVEGACION AEREA EMPRESA ARGENTINA DE NAVEGACION AEREA- CREACION - Texto actualizado de la norma

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AÉREA

Law 27161

Argentine Air Navigation Company. Creation.

Sanctioned: July 15, 2015

Promulgated: July 29, 2015

See Background

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

Law:

ARTICLE 1 — The provision of air navigation services in and from the territory of the Argentine Republic is an essential public service, under article 24 of Act No. 25.877.

ARTICLE 2 The public air navigation service includes:

a. Air Transit Management (ATM), including Air Transit Services (ATS).

b. Influence Management of the Air Transit (ATFM) and Air Space Management (ASM).

c. Air Information Services (AIS).

d. The Air Communications Service (COM).

e. The Communications, Navigation and Surveillance System (CNS).

f. The Search and Rescue Service (SAR) and

g. The Meteorological Service for Air Navigation (MET).

ARTICLE 3 — For the purposes of this Act, it is understood that:

(a) Air Transit Service: Generic Expression that applies, as appropriate, to flight information, alert, air transit advice and air traffic control (area control services, approximation control or airfield control).

(b) Air Traffic Control Service: Service supplied to prevent collisions between aircraft; and in the maneuvering area, between aircraft and obstacles, and to accelerate and maintain the air traffic movement in an orderly manner.

(c) Area Control Service: Air Traffic Control Service for controlled flights in control areas.

(d) Approximation Control Service: Air traffic control service for arrival and departure of controlled flights.

(e) Airfield Control Service: Air traffic control service for air traffic.

(f) Flight Information Service: Service whose purpose is to advise and provide useful information for the safe and effective conduct of flights.

(g) Alert Service: Service provided to notify relevant agencies of aircraft in need of search and rescue assistance and assist such agencies as appropriate.

(h) Air Transit Advisory Service: Service provided in air space with advice to ensure that, as far as possible, proper separation between aircraft operating under IFR flight plans is maintained.

(i) Air Information Service (AIS): Service established within the defined coverage area to provide the required information and aviation data for operational safety, regularity and efficiency of air navigation.

(j) ARO: Office, notification of air traffic services.

(k) Aviation Communications Service (COM): Telecommunications Service for any aeronautical purpose.

(l) Communications, Navigation and Surveillance System (CNS): Communications: Service to disseminate all aviation, meteorological and air safety information between ground stations. Navigation: those dependencies/installations and services that provide aircraft positioning and temporary information. Monitoring: those units/installations and services used to determine the respective positions of the aircraft in order to allow for safe separation.

(m) Air Transit Management (ATM): Dynamic and integrated management, security, economic and efficient, of air traffic and airspace, including air transit services, air space management and air traffic influence management, through the provision of facilities and services without discontinuities in collaboration with all stakeholders and on-board and ground-based functions.

(n) Air Transit Influence Management (ATFM): Service established to contribute to safe, orderly and expeditious air traffic, ensuring that ATC capacity is used to the maximum extent possible, and that the transit volume is compatible with the capabilities declared by the competent ATS authority.

(o) Air Space Management (ASM): A process whereby organizational options and other alternatives are selected and applied in the provision of services to optimally meet the needs of air space users.

(p) Operational Security Management System: Systematic approach to operational security management, including organizational structure, accountability lines, policies and procedures.

(q) Search and Rescue Service (SAR): Performance of monitoring, communication, coordination, search and rescue functions, initial medical assistance or medical evacuation in a situation of danger, through the use of public and private resources, including aircraft, ships and other vessels and facilities collaborating in operations.

(r) Meteorological Service for Air Navigation (MET): Speciality of meteorology that deals with aviation or aeronautics in general.

(s) Air Navigation Assistants: Those who are not part of the Air Navigation Services (ANS) are required to ensure the safety and regularity of air operations, such as Air Health Service; Fire Extinction Service, Air Infrastructure, and any other service exclusively for such purposes.

ARTICLE 4 The activity carried out within the framework of the Public Air Navigation Service must ensure the safety, regularity and efficiency of air navigation, respecting the operational safety parameters established or to be established by the National System of Operational Aviation Safety of the Argentine State.

It should also promote technological innovation, train and facilitate the training and professionalization of staff in accordance with international standards, ensure environmental commitment, ensure the representation of the aviation community, manage effectively and efficiently, establish an operational security management system as established or established by the National System of Management of the Operational Aviation Safety of the Argentine State, develop and implement a business plan that balances the security of the region,

ARTICLE 5 — The Public Air Navigation Service operates in the territory of the Argentine Republic, its jurisdictional waters, the airspace that covers them and the extraterritorial air spaces, when it is agreed by international conventions that such spaces are under the jurisdiction of the Argentine Republic.

ARTICLE 6 Créase the Argentine Air Navigation Company of the State (EANA S.E.), in the orbit of the Ministry of Transport, subject to the regime established by law 20,705, relevant provisions of the General Law of Societies 19,550 (t. 1984) and its amendments applicable to it and the rules of its statute, which are intended to provide the public service of air navigation, in accordance with the provisions of the law.

(Article replaced by Article 6 of the Act No. 27.445 B.O. 18/06/2018)

ARTICLE 7 The Argentine State Society Air Navigation Company (EANA S.E.) is integrated by the Ministry of the Interior and Transport and the Ministry of Defence.

ARTICLE 8 — It is delegated to the Ministry of the Interior and Transport and the Ministry of Defence, or to the official to whom they designate, the exercise of the corporate rights corresponding to the national State for its participation in the share capital of the Argentine State Society Air Navigation Company (EANA S.E.).

ARTICLE 9 — The Ministry of the Interior and Transport must approve within ten (10) days, from the entry into force of this law, the Constitutive Act and the Corporate Statute of the Argentine State Society Air Navigation Company (EANA S.E.).

ARTICLE 10. - The General Scribe of the Government of the Nation is responsible for the protocolization of the Constitutive Act and the Societal Statute referred to in the preceding article, as well as for any action that must be brought to public writing.

ARTICLE 11. - The Ministry of the Interior and Transport and the Ministry of Defence are empowered to sign the corresponding public deeds, together and to subscribe and integrate the social capital with the power to perform all those acts that are necessary for the constitution and start-up of the society.

ARTICLE 12. - Please refer to the respective registration with the General Inspectorate of Justice and other relevant Public Records, in order to accompany the publication of the adoption resolution of the Constitutive Act and the Statutes of the Society in the Official Gazette of the Argentine Republic in accordance with article 10 of the Commercial Societies Act 19.550 (t. 1984) and its amendments.

ARTICLE 13. - The Ministry of the Interior and Transport must oversee the development of the Argentine State Society Air Navigation Company (EANA S.E.).

ARTICLE 14. - The Argentine Air Navigation Company of the State (EANA S.E.) is empowered to provide the services provided in article 2 of this law to third States.

ARTICLE 15. - The National Meteorological Service (SMN) must provide the Meteorological Service for Air Navigation (MET) to the Argentine Air Navigation Company of the State (EANA S.E.), and must sign the relevant conventions for this purpose.

The National Meteorological Service (SMN) must comply with the quality standards established by the National Civil Aviation Administration (ANAC), in its capacity as aeronautical authority.

ARTICLE 16. - Once constituted, the Argentine Air Navigation Company of the State Company (EANA S.E.) is transferred to the operating control functions of the provision of the public air navigation service and the coordination and supervision of the actions of the air control, with their respective competencies, positions, personnel and budgetary credits, as well as the administration of the property affected to its use.

(Article replaced by Article 7 of the Act No. 27.445 B.O. 18/06/2018)

ARTICLE 17. - The Argentine State Society Air Navigation Company (EANA S.E.) governs relations with its staff by the Labour Contract Regime established by law 20,744 (t. 1976) and its amendments and the Collective Labour Conventions that have been concluded or are held in the future with the representative group associations of its staff.

ARTICLE 18. - The transferred staff maintains labour, economic and social security rights. For the purposes of the computation of seniority, the years of services provided in agencies of the national, provincial, municipal and public bodies or entities, including the services provided ad honorem, duly certified, shall be taken into account.

The Argentine Air Navigation Company of the State (EANA S.E.) guarantees employment to all workers who, from the beginning of their activities to the date of application of the present, perform functions in the services indicated in Article 2 and become part of it. The personnel referred to in this article are also guaranteed the prohibition of direct dismissal without cause, by the Argentine State Society Air Navigation Company (EANA S.E.).

In the event of the dissolution of the Argentine Air Navigation Company of the State (EANA S.E.), workers may choose to remain in the area where air navigation services continue to be provided or reinstated to the National Civil Service. In such cases, workers applying for reinstatement must be relocated to the National Civil Service under the statutory conditions established.

ARTICLE 19. - (Article repealed by Article 8 of the Act No. 27.445 B.O. 18/06/2018)

ARTICLE 20. - The Chief of Cabinet of Ministers must approve the payroll of agents who are transferred to the Argentine Air Navigation Company of the State (EANA S.E.).

ARTICLE 21. - In the area of the Argentine Air Navigation Company State Society (EANA S.E.), a Consultative Council is constituted composed of two (2) representatives of each of the associations of workers and of the group organizations inscribed, representative of the sector and recognized by the Ministry of Labour, Employment and Social Security, who have affiliates within the Society; with four (4) representatives of the industry and four (4) representatives of the Academic and Scientific Community. The Council intervenes in the treatment of the technical issues proposed by the Board. The Council ' s Views should be considered by the Board for the adoption of all decisions that have justified the Council ' s intervention. The Assembly should regulate its functioning and the appointment of representatives.

ARTICLE 22. - The following resources are transferred to the Argentine Air Navigation Company (EANA S.E.):

(a) The rights set forth in article 1 (b) of law 13,041 and its regulatory decrees and any taxes that may be linked to the provision of the services listed in article 2 of this Act.

(b) Budgetary items allocated by law.

(c) Funds from services provided to third parties or administrative fees.

(d) Donations, non-reimbursable contributions, legacies received and accepted.

(e) Interests and benefits resulting from the management of own and active funds.

(f) All receivables or rights pending payment by the national State by taxes linked to the services listed in article 2 of this Act.

(g) Any income not provided for in the preceding paragraphs, from the management of society.

The National Civil Aviation Administration (ANAC), by means of agreed letters, must provide the Argentine State Society Air Navigation Company (EANA S.E.) with all necessary information to receive any of the income and rights set forth in this Act. (Last paragraph replaced by article 10 of the Act No. 27.445 B.O. 18/06/2018)

ARTICLE 23. - The Argentine Air Navigation Company of the State (EANA S.E.) is governed by the rules and principles of private law, so it is not applicable to the provisions of the Law on Administrative Procedures 19.549 and its amendments, the Regime on Contracts of the National Administration established by Decree 1,023 of 13 August 2001 and its Financial Regulations, the Law on Public Works 13.064 and its amendments to the regulations on public administration.

ARTICLE 24. - In its aeronautical authority, the National Civil Aviation Administration (ANAC) continues to exercise the regulation, supervision and control of the benefits transferred to the Argentine Air Navigation Company of the State (EANA S.E.), in accordance with the national and international standards issued by the International Civil Aviation Organization (ICAO).

The Argentine Air Navigation Company of the State (EANA S.E.), as a service provider, plans and elaborates everything concerning the organization of the air spaces, management of the inflow of air traffic, air transit services and aeronautical information, for its subsequent elevation to the National Civil Aviation Administration (ANAC), which monitors, publishes and distributes it nationally and internationally.

The National Civil Aviation Administration (ANAC) provides the auxiliary services to air navigation and guarantees the offer of professional and technical training to the workers of the Argentine Air Navigation Company State Society (EANA S.E.).

(Article replaced by Article 11 of the Act No. 27.445 B.O. 18/06/2018)

ARTICLE 25. - The Ministry of the Interior and Transport is empowered to dictate the complementary and clarification rules that are relevant to the implementation of this law.

ARTICLE 26. - Please provide the Chief of Staff of Ministers with the necessary budgetary changes to implement the provisions of this Act.

ARTICLE 27. - The Ministry of the Interior and Transport and the Ministry of Defence within their respective competences are the Authorities of the Application of this Law.

ARTICLE 28. - It is within the scope of the Undersecretariat for Aerocommercial Transport, under the Ministry of Internal Affairs and Transport Ministry of Transport, the Executive Transfer Unit, which is responsible for the development of the general transfer programme to the company and the corresponding timetable for its implementation.

The Executive Transfer Unit completes its task once the transfer to the Argentine Air Navigation Company of the State (EANA S.E.) of the operational control functions of the provision of the public air navigation service and of coordination and supervision of the actions of air control with their respective competencies, positions, personnel and budgetary credits, as well as the administration of the property assets affected for use. (Paragraph replaced by art. 12 of the Act No. 27.445 B.O. 18/06/2018)

The Undersecretariat for Aerocommercial Transport under the Ministry of the Interior and Transport Ministry must determine the composition of the Transfer Executing Unit.

ARTICLE 29. - The Executing Transfer Unit should develop and in due course raise to the Chief of Staff of Ministers the list of staff to transfer to the Argentine State Society Air Navigation Company (EANA S.E.) within the framework of Article 20 of this Law. For this purpose, the provisions of article 11 and the agreement of the Annex to the Framework Law on Regulation of National Public Employment are applicable. The staff who are transferred will depend on the new society, retaining their conditions of employment and their level of ladder until their confinement occurs within society.

ARTICLE 30. - The provisions of this law are in force on the day following the date of publication in the Official Gazette of the Argentine Republic.

ARTICLE 31. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FIFTH DAYS OF THE JULY OF THE YEAR DOS MIL QUINCE.

— REGISTRATION BAJO #27161 —

LOVE BOUDOU. - JULIAN A. DOMÍNGUEZ. — Juan H. Estrada. - Lucas Chedrese.

Annex I

They will remain under the jurisdiction of the DEFENSA MINISTERY:

(a) (Section repealed by article 13 of the Act No. 27.445 B.O. 18/06/2018)

(b) DOS (2) positions for military personnel in all Area Control Centres (ACCs) of the country, for the purpose of their training and continuous empowerment in air traffic control (ATC) and in defence-related tasks.

(c) (Section repealed by article 13 of the Act No. 27.445 B.O. 18/06/2018)

Background Regulations:

- Article replaced by art. 34 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 16 replaced by art. 35 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 19 repealed by art. 36 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 22, Last paragraph replaced by art. 38 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Article 24 replaced by art. 39 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

Article 28, Second Paragraph replaced by art. 40 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the day of its publication in the OFFICIAL BLOOD OF THE ARGENTINA REPUBLIC.

- Annex I Subparagraph (a) repealed by art. 41 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the date of its publication in the OFFICIAL BOLETÍN OF THE ARGENTINA REPUBLIC;

- Annex I Subparagraph (c) repealed by art. 41 Decree No. 27/2018 B.O. 11/1/2018. Vigilance: from the day following the day of its publication in the OFFICIAL BLOOD OF THE ARGENTINA REPUBLIC.