Regular Air Transport Treaties - Full Text Of The Norm

Original Language Title: TRATADOS TRANSPORTES AEREOS REGULARES - Texto completo de la norma

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TREATY

LEY N° 13.913

Agreements on International Air Transport approved with Italy.

Sanctioned: August 3-1950

Promulgated: August 23-1950.

WHY:

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

LEY:

ARTICLES
1- Approve the agreement on Regular Air Transport between the Argentine and Italian Republics, which was signed in Rome on 18 February 1948, by the plenipotentiaries of both countries.

ARTICLE 2°-Contact the Executive.

Given in the meeting room of the Argentine Congress, in Buenos Aires, on the three days of the month of August of the Year of the Liberator General San Martín, a thousand nine hundred and fifty.

P.A. RAMELLA
H. J. CAMPORA
Alberto H. Reales
Rafael V. González

-Registered under number 13,913-


Agreement on regular air transportation between the Argentine and Italian Republics

The Government of the Argentine Republic and the Government of the Italian Republic, encouraged by the desire to facilitate the civilian airsports between the two countries, that will allow to strengthen through quick communications the friendly links and the intimate relationship that exists traditionally between the Argentine and Italian peoples, and taking into account the "Universal Type of Agreement on Provisional Air Routes", formulated in Recommendation VIII of the Final Act of the International Conference of Civil Aviation

Article 1: For the purposes of this Agreement and its Annex:

1)"Aeronautics" means, with respect to the Argentine Republic, the Secretariat of Aeronautics, and with respect to the Italian Republic, the Ministry of Aviation Defence, General Directorate of Civil Aviation and Air Traffic, or the agency called to carry out its functions.

2) "Aerial route" means the preset itinerary that must follow an aircraft affected to a regular service for the public transport of passengers, goods and/or mail.

3)"Trafficking needs" means the demand for transport of passengers, goods and/or mail between the two extreme points of a route located in the territories of the two Contracting Parties and the demand at the intermediate points of that same route, calculated at a given time.

4)"Capacity" means the commercial load of an aircraft that is authorized to occupy between the ends of the route to which it is affected, between the territories of the two Contracting Parties.

5)"Service offered" means the capacity of aircraft used in such service multiplied by the frequency of operation of such aircraft in an established period and on a given route.

6)"Airways" means that beyond a certain scale of the route, the traffic is served by the same airline company with a plane different from that used on the same route, before that scale.

7) The expressions "3 Freedom, 4 Freedom and 5 Freedom" have the same meaning as Article 1, Section 1 of Annex IV to the Final Act of the Chicago Convention.

8) It is considered Argentine-Italian traffic that originates from the Italian territory and is loaded with last real destination to the Argentine territory, as well as the one that originates from the Argentine territory and is loaded with last real destination to the Italian territory, whether it is transported by national companies of one or another country or by other foreign companies.

Article 2: Each Contracting Party grants to the other Contracting Party the rights specified in the Annex to that Agreement, in order to establish the air services described in the same Annex (hereinafter referred to as "services granted").

Such services may be initiated immediately or later, at the will of the Contracting Party to which these rights are granted.

Art. 3°: 1. Each of the services granted may be initiated as soon as the Contracting Party granting such rights has designated the air navigation company to provide such services on the agreed route or routes. Subject to paragraph 2 of this article and article 8 of this Agreement, the Contracting Party granting the rights shall promptly grant the operating permit to the company designated by the other party.

2. Prior to being authorized to commence the services provided for in this Agreement, aerial navigation company designated by a Contracting Party may be required to demonstrate to the competent aeronautical authorities of the other Contracting Party granting the rights, which are trained to comply with the conditions prescribed by the laws and regulations normally applied by these authorities to the activity of regular international air navigation companies.

Art. 4°: 1. Exploitation rights that had previously been granted by any Contracting Party to a third State or its air navigation company shall be in force in accordance with the terms under which they had been agreed.

2. Each Contracting Party is empowered to conclude agreements with other neighbouring States that give greater advantages to its aircraft than those granted by this Agreement and its Annex provided that the rights granted by this Agreement and its Annex to the other Contracting Party are not infringed.

Article 5: 1. The tax rates or other tax charges that each Contracting Party may impose or permit them to be imposed on airline companies designated by the other Contracting Party, for the use of airports and other facilities, should not be higher than those that pay for the use of such airports and facilities national companies affected to similar international air services.

2. The fuels, lubricants, spare parts, equipment and material in general, which a Contracting Party enters into the territory of the other Party for the exclusive use of the aircraft of the first to carry out the services granted, shall receive from the second a treatment no less favorable than that granted to the air, national or foreign navigation companies, affected to regular international air services; with respect to customs duties, tax rates or other tax duties.

3. Aircraft used in the services provided, the stocks of fuels, lubricants, spare parts, standard equipment and on-board provisions on board aircraft, air-flighting companies designated by one of the Contracting Parties shall be exempt from the territory of the other Contracting Party from customs duties, inspection fees and all other tax charges, even if such materials are used in the territory of the other Contracting Party.

4. Things exempted in the preceding paragraph may not be disembarked but with the consent of the customs authorities of the other Contracting Party. If they are not consumed or used, they shall be re-exported and shall be kept until their re-export under the control of such authorities, but without affecting their availability.

Article 6: Certificates of aircraft, briefs of suitability and licences granted or recognized by one of the Contracting Parties, provided that they are not deciduous, are recognized as valid by the other Contracting Party for the purpose of the exploitation of the agreed services. However, each Contracting Party reserves the right, with regard to the overflight of its own territory, not to recognize as valid the certificates of suitability and licences granted to its nationals by the other Contracting Party or by another State.

Article 7: 1. The laws and regulations of each Contracting Party relating to the entry, stay or departure of its territory from aircraft carrying out international air navigation, as well as those relating to the operation, manoeuvre and navigation of such aircraft while within the limits of that territory, shall be observed by the aircraft of the company designated by the other Contracting Party.

2. The laws and regulations of a Contracting Party relating to entry into its territory, stay or departure from the same of the passengers, crew or goods transported by the aircraft, such as those relating to police, admission, migration, dispatch, passport, customs and health, are applicable to the passengers, crew and goods transported by the aircraft of the company designated by the other Contracting Party.

Article 8: Each Contracting Party reserves the right to deny or revoke to a company of the other Party the authorization referred to in Articles 2 and 3 of this Agreement where there are substantial grounds, it is not convinced that the substantial property and the effective counter-lor of the same belong to the other Contracting Party or its nationals. The same right may be exercised in cases of non-compliance by the designated company, the laws of the State on which it operates or when it does not satisfy the conditions under which the rights arising from this Agreement and its Annex have been agreed.

Article 9: The Contracting Parties have the power to replace with other national enterprises the respective concessionaires of the agreed services, giving notice to the other Contracting Party. The new designated company will have all the rights and obligations of the substitute.

Art. 10: Offences to the provisions contained in the internal regulations of the aircraft services, which do not constitute a crime, and are committed in the territory of one of the Contracting Parties by the personnel of the companies designated by the other Contracting Party, shall be communicated to the competent Air Authorities of the latter, by the Party in whose territory the offence was committed. If the offence is of a serious nature, such authorities shall have the right to require disciplinary measures provided for the offence committed. In the event of qualified recidivism, the revocation of the rights agreed upon to the concessionary company may be claimed.

Art. 11: If one of the Contracting Parties considers it appropriate to modify the terms of this Agreement or its Annex, it may request a consultation between the Air Authorities of both Contracting Parties. Such consultation shall begin within a period of sixty days from the date of the requirement

In the event that both authorities agree on the amendments to be made, they will only enter into force when confirmed by a change of notes by diplomatic channels.

Art. 12: Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement and/or its Annex, which cannot be resolved through consultations, whether directly among the companies concerned, be it between the competent Air Authorities, whether at all between the respective Governments, shall be resolved in accordance with the common rules of international law.

Art. 13: When one of the Contracting Parties attempts to denounce this Agreement, it must require the other Contracting Party to consult. After sixty days from the date of notification of this requirement without the agreement being reached, the Contracting Party may notify its complaint.

This complaint should be communicated simultaneously to the International Civil Aviation Organization (O.A.C.I.).

Received the communication, this Agreement shall cease to be in force at the date specified in the same, but in no case before 10 months have elapsed from the date on which the other Party receives the notification.

Where the other Contracting Party does not acknowledge receipt, the notification shall be deemed received fourteen days after receipt by the International Civil Aviation Organization (O.A.C.I.).

Art. 14: Aerial navigation companies, designated by a Contracting Party, shall credit to the competent authorities of the other Contracting Party a legal representation of sufficient powers to respond to their obligations on the occasion or occasion of their activities.

Art. 15: This Agreement and its Annex, as well as all contracts that complement or modify them, shall be registered with the International Civil Aviation Organization (O.A.C.I.).

Art.16: The Contracting Parties undertake to interpose their good offices to the Governments of the countries located along the agreed routes, with a view to ensuring the full and effective implementation of this Agreement and its Annex.

Art. 17: The Aeronautical Authorities of both Contracting Parties shall resolve in common agreement and on the basis of reciprocity, any matter concerning the implementation of this Agreement and its Annex, and shall be consulted in time, in order to ensure that its principles and purposes apply and execute satisfactorily.

Art. 18: This Agreement enters its force, provisionally, on the date of signature, and definitively, when the formalities provided for in the domestic legislation of each Contracting Party have been fulfilled.

In faith of which, two originals of the same tenor are signed from this Agreement, in the Spanish and Italian languages, equally valid.

Made in Rome on February 18, 1948.

For the Argentine Republic: Giménez.-Ferreira.

For the Italian Republic: Conde Sforza.

Annex

I

The Government of the Argentine Republic grants the Government of the Italian Republic the right to operate air transport services that transit through or commercially serve the traffic between the Republic of Italy and the Argentine Republic, without carrying out in Argentina, with one or more Italian air navigation companies designated by the Italian Government. These services will follow the routes specified in Plan I of this Annex.

II

The Government of the Italian Republic grants the Government of the Argentine Republic the right to operate air transport services that transit through or commercially serve the traffic between the Argentine Republic and the Republic of Italy, without doing so in Italy, with one or more Argentinean air navigation companies designated by the Argentine Government. Such services will follow the routes specified in Plan II of this Annex.

III

Aerial navigation companies designated by one of the Contracting Parties in accordance with the provisions contained in this Agreement shall enjoy in the territory of the other Contracting Party the rights of transit and non-commercial ports of call, as well as those of loading and unloading passengers, goods and international traffic mail at the points listed in each of the specified routes, under the conditions set out in this Annex and the right to use in such routes affected airports and facilities.

IV

The service offered under the Agreement shall be closely proportionate to the needs of traffic between the territories of the Contracting Parties (Argentine - Italian traffic). To this end:

(a) Aerial enterprises designated by Contracting Parties shall enjoy just and equal opportunity to offer and service between their respective territories and on agreed routes, under the conditions set out in the Agreement and this Annex;

(b) Designated air enterprises of each Contracting Party shall take into consideration in the common routes their mutual interests, in order not to improperly affect them;

(c) In the event that the air transport companies of a Contracting Party are prevented from usufrucing the above possibilities, the situation will be reviewed by the two Contracting Parties in order to facilitate the necessary development of the air services of the first Contracting Party, as soon as the companies of the latter are in a position to contribute more intensively to the service.
The two Contracting Parties shall also consult with a view to reaching agreement on how to meet any eventual or transitory need for traffic between the two countries.

V

Both Contracting Parties recognize that the traffic of Quinta Libertad is complementary to the needs of the traffic between the terminal points of the routes between the territories of the Contracting Parties, and at the same time subsidiary of the needs of the traffic of Third and Fourth Freedom between the territory of the other Contracting Party and a country of the route.

The services offered should therefore be in relation to the requirements of the area through which the airline passes, taking into account the local and regional services, which constitute fundamental and fundamental rights of the respective countries. The Contracting Parties agree to consult regularly on this matter. They also agree that, in the case of objection by an intermediate country, they will initiate consultations immediately in order to apply these principles to the specific case.

When one of the Contracting Parties agrees with another country of the route to rule the traffic between the two, the other Contracting Party shall be bound to respect that agreement, provided that it is not contrary to the principles, norms and purposes of the Chicago Convention of December 7, 1944 and this Agreement.

VI
In order to ensure compliance with the principles and compliance with the provisions contained in the Agreement and this Annex, and in particular in the preceding Articles IV and V, the Aeronautical Authorities of both Contracting Parties shall conduct regular and frequent consultations and take due account of the traffic statistics, which undertake to carry and exchange periodically.

VII
(a) Rates shall be set at reasonable levels, taking particularly into account the economy of exploitation, a normal gain, differences in service characteristics, such as speed and comfort and fees charged by other airlines operating on all or part of the same route. To that end, the recommendations of the International Association of Air Transporters (IATA) will be taken into account.

(b) Rates that are charged by embarked traffic or disembarked on the scales of a route (other than that intended for or embarked on the territory of one of the Contracting Parties and whose transport has been authorized by the Government of the country or of the intermediate countries to the airship companies of the other Contracting Party) cannot be less than the rates that by the same traffic are applied in the regional or local services of the corresponding sector of the route.

(c) Aerial navigation companies designated by each Contracting Party shall first, after consultation with all other air navigation companies operating on the respective route or any section thereof, agree on the rates to be applied.

(d) Any such agreed rate must, before its application, be subject to the approval of the Contracting Parties. In the event of disagreement between designated air navigation companies, Contracting Parties should seek to reach agreement between them, and if they did not reach an understanding, as provided for in article 12 of the Agreement.

VIII

The changes made by any of the companies of the Contracting Parties on the routes described in the Plans of this Annex shall not be considered as modifications of the Annex, except those that modify the points served by these companies from one of the Contracting Parties in the territory of the other Contracting Party. The Air Authorities of any Contracting Party may therefore proceed unilaterally to such changes, provided that they promptly notify the Air Authorities of the other Contracting Party.

If these Aeronautical Authorities find that in relation to the principles set out in paragraph V of this Annex the traffic carried out by the air navigation companies of the first Contracting Party between the territory of the second Contracting Party and a new point in the territory of the third country are detrimental to the interests of their own air navigation companies, the authorities of both Contracting Parties shall consult with the aim of reaching a satisfactory agreement.

IX

The change of justified plane for reasons of operating economy will be allowed on any scale of the agreed routes. However, no change in aircraft may be made in the territories of one or the other Contracting Parties, where this modifies the characteristics of the operation of a long-distance service or is incompatible with the principles set out in the Agreement and this Annex.

X

(a) From the entry into force of the Agreement, the Aeronautical Authorities of the two Contracting Parties shall communicate as soon as possible the information concerning the authorizations given to the airship companies designated by them to exploit the routes mentioned in the plans of this Annex. These information should include copies of the
agreed authorizations, the statutes of designated airlines, their eventual amendments and any other annexed document.

(b) The Air Authorities of the two Contracting Parties shall communicate reciprocally not less than fifteen days prior to the effective operation of their services, and for the purposes of their approval, the following data: hours, frequencies and types of aircraft used. They must also communicate any successive modifications.

XI

Each designated air navigation company, unless otherwise provided by the competent Air Authority, may maintain its own technical and administrative personnel at the airport of the other Contracting Party. Eighty per cent of staff in each category (technical, administrative or workers) must be of the nationality of the country, in whose territory the airport in question is located. Any doubt or problem that arises on this point will be resolved by the Aeronautical Authorities of the country in whose territory the airport in which such personnel work is located.

XII

As long as the visa requirement for the admission of aliens in the two countries persists, crews affected to the services granted to inscribed on the aircraft lists of the two countries must be in possession of a valid passport, visa by the competent authority and an identity document issued by the air navigation company in which they provide their services.

PLAN I

Italian air routes that will serve the Argentine territory

1.- From Italy to Rio de Janeiro, Montevideo and Buenos Aires, in both directions, with intermediate scales between Italy and Rio de Janeiro. Such scales will be agreed between the Italian Government and the Argentine Government once the Italian Government decides to start the service.

2.- From Italy to Rio de Janeiro, Montevideo and Buenos Aires and beyond to Santiago de Chile, in both directions, with intermediate scales between Italy and Rio de Janeiro. Such scales will be agreed between the Italian Government and the Argentine Government, once the Italian Government decides to start the service.

PLAN II

Argentine air routes that will serve the Italian territory

1.- From Buenos Aires to Rio de Janeiro, Natal, Dakar, Madrid and Rome with eventual extension to Geneva, Frankfurt and Amsterdam in both directions.

2.- From Buenos Aires to Natal, Las Palmas, Madrid and Rome, in both directions.