Air Transport Treaties - Full Text Of The Norm

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

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TREATY

LEY N° 13.917

Agreements on International Air Transport approved with the Netherlands.

Sanctioned: August 3-1950

Promulgated: August 23-1950

WHY:

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

LEY:

ARTICLE 1 Approve the agreement on regular air transport between the Argentine Republic and the Netherlands, which was signed in the city of Buenos Aires on 29 October 1948.

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 Martin, a thousand nine hundred and fifty.

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

-Registered under number 13.917-

Agreement on Regular Air Transport between the Argentine Republic and the Netherlands


The Government of the Argentine Republic and the Government of the Netherlands, considering:

That the possibilities of Commercial Aviation as a form of transport have increased considerably;

That this means of transport by its own characteristics facilitates the rapprochement of nations among themselves, by the quick links it allows to establish;

That regular international air services should be organized in a safe and orderly manner, and the development of international cooperation in this domain should continue as widely as possible, without prejudice to national and regional interests;

That the conclusion of an Agreement to ensure air communications between the two countries is required, have designated representatives for this purpose, which, duly authorized, have agreed to the following provisions:

ARTICLE 1

The Contracting Parties agree with each other the rights specified in the attached Annex, in order to establish the regular international air services described in that Annex, and henceforth designated by the term "agreed services".

ARTICLE 2

1.- Each of the agreed services may be put into operation immediately or at a later date at the will of the Contracting Party to which it has been granted, provided that:

(a) The Contracting Party to which the rights have been granted has designated one or more air transport companies to exploit the specified routes;

(b) The Contracting Party that agrees to the rights has authorized the or the air transport companies concerned, to initiate the codified services, which shall do without delay, even if subject to the provisions of paragraph 2 of this article and the provisions of article 2. 7.

(c) With regard to routes number two (2) of Plans A and B of the Annex, both Contracting Parties shall grant reciprocal trade rights in international traffic beyond their respective territories, when both air-fighting companies designated by them are trained to exercise the traffic to which each of them corresponds. However, if only the company designated by one of the Contracting Parties is in a position to ensure a service on routes number two (2) of such Plans, it is authorized to do so on the condition that it does not carry out international traffic between the territory of the other Contracting Party and the points beyond those plans.

2.- Designated enterprises may be required to demonstrate to the Aeronautical Authorities of the Contracting Party that grants the rights, proof that they are able to meet the requirements prescribed by the laws and regulations normally applied by these authorities to the operation of commercial air transport companies.

ARTICLE 3

In order to avoid any discriminatory measures and to respect the principle of equal treatment.

(1) The rates or other tax rights that each Contracting Party imposes or permits imposing for the use of airports and other facilities to the or companies designated by the other Contracting Party shall not be higher than those that are paid for the use of such airports and facilities by their national companies affected to similar international services;

(2) The fuels, lubricating oils, spare parts, normal equipment and material in general, exclusively for the use of the aircraft used by the companies designated by one of the Contracting Parties and introduced in the territory of the other Contracting Party by that company or on its own, or placed on board in that territory to be used by the aircraft of that company, shall enjoy the most favourable taxation rate, as far as the taxation rate is concerned,

(3) Any aircraft from one of the Contracting Parties affected by the exploitation of the agreed services, as well as fuels, lubricating oils, spare parts, normal equipment, general material and provisions remaining on board such aircraft shall enjoy in the territory of the other Contracting Party the exemption of customs duties, inspection rate or other tax charges and similar taxes, even in the event that such matters are used by such aircraft;

(4) The things enumerated in paragraph 2 of this article and enjoying the above-mentioned exemption cannot be downloaded but with the approval of the customs authorities of the other Contracting Party. If these things must be re-exported, they shall be subject to the customs control of the other Contracting Party, but without affecting their availability.

ARTICLE 4

Certificates of navigability, briefs of suitability and licences granted or validated by one of the Contracting Parties during the period in force shall be recognized as valid by the other Contracting Party for the purpose of the exploitation of the agreed service. However, each Contracting Party reserves the right to fly over its own territory, not to recognize the certificates of suitability and licences granted to its own nationals by the other Contracting Party or by a third State as valid.

ARTICLE 5°

1.- The laws and regulations of each Contracting Party relating to the entry, stay and departure of its territory from aircraft used in international air navigation, as well as those relating to the operation, manoeuvre and navigation of such aircraft while within the limits of its territory, shall apply to the aircraft of the company or the companies designated by the other Contracting Party.

2.- The laws and regulations governing in the territory of each Contracting Party the entry, stay and departure of crew passengers or goods transported on board the aircraft, such as those relating to police, admission, migration, dispatch, passports, customs and health, are applicable to passengers, crew and goods on board the aircraft affected to the agreed services.

ARTICLE 6

1.- The airport authorities, as well as the customs, immigration, police and health authorities of the two Contracting Parties, shall, in the simplest and most expeditious manner, apply the provisions provided for in the preceding Articles 3. and 5. (third and fifth) in order to avoid any delay in the movement of aircraft affected to the exploitation of the agreed services.

The same authorities shall take this consideration into account in the development of the regulations and in the implementation of the procedures.

2.- The consular, immigration and police authorities of each Contracting Party shall, in the simplest and most expeditious manner, agree on entry visas valid for one year and for an unlimited number of trips, to the members of the navigating staff of the or the companies designated by the other Contracting Party, which provide services, on aircraft affected to the agreed lines, and which are in possession of the briefs and licenses provided for in the Article. 4 (fourth).

ARTICLE 7

Each Contracting Party reserves the right to refuse or revoke to a company of the other Party the authorization contained in article 2, paragraph 1, (b), of this Agreement when there are substantial grounds, is not convinced that the substantial property and the effective counter-lor of the same belong to its nationals. The same right may be exercised in cases of non-compliance by the designated company with the laws of the State on which it operates or when it does not satisfy the low conditions which the rights arising from this Agreement and its Annex have been agreed upon.

ARTICLE 8

Each Contracting Party has the authority to replace with other national enterprises the respective designated companies to operate the agreed services, giving notice to the other Contracting Party. The new designated company will have all the rights and obligations of the substitute.

ARTICLE 9

Air transport companies designated by each 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.

ARTICLE 10

If one of the Contracting Parties considers it appropriate to amend any clause of this Agreement or its Annex, it may request a consultation between the Air Authorities of both Contracting Parties. This consultation should start within a period of sixty (60) days from the date of the request. Any modification to the Agreement or to the Annex agreed between those Authorities shall enter into force when confirmed by a change of notes by diplomatic channels.

ARTICLE 11

When one of the Contracting Parties intends 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 an agreement has been reached, the Contracting Party may notify its complaint. Such a complaint should be communicated simultaneously to the International Civil Aviation Organization (O.A.C.I.).

Received the communication, this Agreement shall cease to be effective 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 agree to receive, the notification shall be deemed received fourteen days after receipt by the International Civil Aviation Organization (O.A.C.I.).

ARTICLE 12

Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement and/or its Annex, which cannot be found by means of consultations, be it directly among the companies concerned, be it between the competent aeronautical authorities, that is, finally, among the respective Governments, shall be subject to arbitration in accordance with the common rules of international law.

The Contracting Parties undertake to comply with the provisional measures that may be issued in the course of the court and the arbitral decision which, in any case, shall be considered final.

ARTICLE 13

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

ARTICLE 14

In the event that the two Contracting Parties have ratified or acceded to a multilateral aviation convention, the present Agreement and its Annex shall be corrected in a manner that is qualified to the provisions of that convention since it has entered into force between the two Parties.

ARTICLE 15

As long as the rights of this Agreement and its Annex to the other Contracting Party are not infringed:

(1) Exploitation rights that may have been granted previously, or are granted by any Contracting Party to a third State or to an air navigation company of its own, shall be or shall enter into force in accordance with the terms agreed upon;

(2) Each Contracting Party is free to conclude agreements with its neighbouring States, which give greater advantages to its aircraft than those granted by this Agreement and its Annex.

ARTICLE 16

Offences to the provisions of the internal regulations governing aircraft services that do not constitute an offence and are committed in the territory of one of the Contracting Parties by the staff of companies designated by the other 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 request 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.

ARTICLE 17

For the implementation of this Agreement and its Annex:

(a) The term "Aeronautical Authority" means, with respect to the Netherlands, the Director General of Civil Aviation, and with regard to the Argentine Republic, the Secretariats of Aeronautics and Transport, or in both cases any person or agency that is empowered to perform the functions currently exercised by them;

(b) The word "territory" will be understood as defined in art. II of the Convention on International Civil Aviation concluded in Chicago on 7 December 1944;

(c) The term "designated enterprise" shall mean any air transport company that one of the Contracting Parties has chosen to exploit the agreed services and whose designation has been notified to the competent Air Authorities of the other Contracting Party in accordance with the provisions of the Article. 2. of this Agreement;

(d) Definitions of articles (a), (b) and (d). 96 of the above-mentioned Convention on International Civil Aviation apply to this Agreement;

(e) The term "capacity" means the commercial load expressed in number of passenger seats and in weight measures for the mail and merchandise, offered on a service agreed upon during a given period, by all aircraft used in the operation of that service;

(f) The term "air route" means the pre-established itinerary that an affected aircraft should follow a regular service for the public transport of passengers, goods and/or mail;

(g) The expression "loading break" means that beyond a certain scale of the route, the traffic is served by the same airline with an aircraft other than that used on the same route, before that scale;

(h) "Argentinian-Dutch traffic" shall be deemed to originate from the territory of the Netherlands and to be carried to the end of the territory of Argentina, as well as that which originates from the Argentine territory and is loaded to the end of the Dutch territory, whether it is transported by national companies from one country or another, or by other foreign companies.

ARTICLE 18

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 consult from time to time in order to ensure that its principles and purposes are applied and implemented satisfactorily.

ARTICLE 19

The Contracting Parties undertake to bring their good offices to the Governments of the countries located along the routes specified in the annex to this Agreement, with a view to ensuring their full and effective compliance.

ARTICLE 20

The provisions of this Agreement shall be applied on a provisional basis from the date of signature. They will definitely enter into force as soon as both Contracting Parties have mutually notified themselves of compliance with their own constitutional formalities.

Made in Buenos Aires, on the twenty-nine days of October, a thousand nine hundred forty-eight, in double copy, in the Spanish, Dutch and French languages equally valid. -Floris C. A. van Pallandt - L. H. Slotomaker.- Humberto Sosa Molina- César R. Ojeda.- Juan F. Castro.

Annex

I
The Government of the Argentine Republic agrees to the Government of the Netherlands the right to ensure by one or more companies designated by the latter, air services on the routes mentioned in Plan A of this Annex, without making any conduct in Argentine territory.

II
The Government of the Netherlands agrees to the Government of the Argentine Republic the right to ensure by one or more companies designated by the Government, air services on the routes mentioned in Plan B of this Annex, without making any conduct in Dutch territory.

III
The company or air transport companies designated by each Contracting Party, in accordance with the provisions of the Agreement and this Annex, shall enjoy in the territory of the other Contracting Party and in each itinerary described in the plans of this Annex, the right to cross the territory without landing and to land for non-commercial purposes at airports open to international traffic.

IV
(a) The air carriers designated by each Contracting Party shall also enjoy, under the conditions set out in this Section, the right to disembark and ship passengers, mail and goods in international traffic at the points mentioned in the plans of this Annex;

(b) The enterprises designated by the two Contracting Parties should enjoy fair and equitable treatment in order to benefit from equal opportunities for the exploitation of the services agreed between the respective territories.

Where a line or line of a Contracting Party is temporarily unable to take immediate advantage of the possibilities recognized in this subparagraph shall be considered the situation by both Contracting Parties in order to facilitate the necessary development. If the airline of that Contracting Party wishes to increase its own contribution to the service referred to, until such time as the airline of the other Contracting Party shall withdraw, within four months of notification, those services that it has increased under the aforementioned circumstances.

(c) The enterprises designated by the two Contracting Parties shall take into consideration in their common routes their mutual interests in order not to unduly affect their respective services.

(d) In each of the routes listed in Plans A and B of this Annex, the services agreed to in this Agreement shall have as a primary objective the commissioning, a reasonable utilization factor, of a capacity consistent with the normal and reasonably predictable requirements of international air traffic originating or for the Contracting Party designated by the operator of such services.

Within the limits of the capacity established in accordance with the preceding paragraph of this subparagraph (d) and in the complementary capacity of that paragraph, the enterprises designated by one of the Contracting Parties may meet the needs of the traffic between the territories of third States located on the agreed routes and the territory of the other Contracting Party.

(e) An additional capacity may be provided in more than referred to in paragraph (d), each time they justify the traffic needs of the countries served by the route. When the application of this possibility could affect the interests of one of the Contracting Parties, the consideration of these possibilities will be subject to a prior consultation between the two Contracting Parties.

(f) For the purposes of the implementation of paragraphs (d) and (e) above, the development of local and regional services constitutes a fundamental and primary right of the countries concerned in the route.

(g) The Contracting Parties undertake to consult on a regular basis with a view to examining the conditions for the implementation of this section by the designated Argentine and Dutch companies and to ensure that the interests of their local and regional services, as well as their long-term services, suffer no harm. The Contracting Parties shall take into account in the course of these consultations the traffic statistics that they undertake to exchange regularly.

In the event that an intermediate country objected to the injury of its local or regional traffic, both Contracting Parties shall immediately consult to implement in a concrete and practical manner the provisions preceding each particular case.

V
(a) The rates will be set at reasonable levels, taking particularly into account the economy of the exploitation a normal profit, the rates proposed by other airlines operating on all or part of the same route and the characteristics of each service such as the conditions of speed and comfort.

(b) The fees charged by embarked traffic or disembarked on the scales of a route cannot be less than the rates that by the same traffic are applied by the regional or local services of the Contracting Party in the corresponding sector of the route.

(c) The establishment of the rates to be applied in the services agreed between the points of the Argentine territory and the points of the Dutch territory mentioned in the plans of this Annex shall be made to the extent possible by agreement between the designated companies of Argentina and Dutch.

These companies will proceed:

1. It is applying the resolutions that could have been adopted by the International Air Transport Association (IATA) pricing procedures.

2. Be by direct understanding after consulting, if appropriate, the air transport companies of third countries that operate all or part of the same routes.

(d) Such fees shall be subject to the approval of the Air Authorities of each Contracting Party at least thirty (30) days prior to the date scheduled for entry into force, which may be reduced in special cases, subject to the agreement of these authorities.

(e) If the designated air carriers do not agree to the setting of a tariff in accordance with the provisions of paragraph (c) above, or if one of the Contracting Parties discloses its disagreement on the tariff that has been submitted to it in accordance with the provisions of paragraph (d) above, the Air Authorities of the two Contracting Parties shall endeavour to achieve a satisfactory solution. In the last case, the arbitration provided for in the Article 12 of the Agreement shall be used.

The Contracting Party that has made known its disagreement shall have the right to require the other Contracting Party to maintain the tariffs that have previously been in force, pending that the arbitral award has been rendered or that the provisional measures have been ordered in accordance with the provisions of the twelfth article of the Agreement.

VI
When different aircraft are used for reasons of operating economy on various sections of the agreed routes and the breakdown of cargo is carried out on the territory of one of the Contracting Parties at a point mentioned in the plans of this Annex, the second apparatus shall ensure the provision of a service in correspondence to the one exploited by the first apparatus and shall normally wait for the arrival of this first apparatus before starting its departure.

Where a certain capacity is available on the aircraft used between the point of rupture of the cargo and the others beyond that point, this capacity may be affected by the way and return to the international traffic that comes or is destined to the territory on which the rupture has been made, but always respecting the provisions of the Agreement and this Annex and mainly those of Section IV (d), (e), (f) and (g) of this Annex.

No breach of burden may be made in the territories of one or the other Contracting Parties, when this modifies the characteristics of the exploitation of a long-term service or is incompatible with the principles set forth in the Agreement and this Annex.

VII
Any modification to the air routes mentioned in the plans of this Annex that changes the scales in territory other than those of the Contracting Parties shall not be considered as a modification to this Annex. Accordingly, the Air Authorities of each Contracting Party may proceed unilaterally to such a modification, but it is always obliged to notify the Air Authorities of the other Contracting Party without delay.

If the latter consider, in relation to the principles set out in Section IV of this Annex, that the interests of their national air transport companies that have secured a traffic between their own territory and the new scale in a third country are affected by the modification made by the companies of the other Contracting Party, they shall consult with the Air Authorities of the latter in order to reach a satisfactory agreement.

VIII
From the entry into force of the Agreement, the Air Authorities of the two Contracting Parties shall communicate as quickly as possible information concerning the authorizations given to their own designated companies to exploit the agreed services or fractions of these services. These information should include in particular a copy of the agreed authorizations, their eventual modifications and other annexed documents.

The Air Authorizations of the two Contracting Parties shall be communicated reciprocally, not less than fifteen (15) days prior to the effective operation of their services and for the purposes of their approval, the hours, frequencies and types of aircraft to be used. Any subsequent modification shall also be communicated.

IX
As long as the visa requirement for the admission of aliens in the two countries persists, crews affected to the services granted and 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 transport company in which they provide their services.- Sosa Molina.- César R. Ojeda.- Juan F. Castro.- Floris C.A. van Pallandt.- L. H. SLotomaker.

PLAN A

Dutch air routes
1. Amsterdam.
Geneva or Zurich.
Lisbon.
Casablanca (facultily).
Dakar or Sal Island.
Recife.
Rio de Janeiro or San Pablo (alternatively and optionally).
Montevideo.
Buenos Aires.

2.Amsterdam.
Francfort.
Rome.
Tunisia or Casablanca.
Dakar.
Recife.
Rio de Janeiro or San Pablo (alternatively and optionally).
Montevideo.
Buenos Aires.
Santiago de Chile.
Both routes in both ways.

PLAN B

Argentine air routes
1. Buenos Aires.
Saint Paul or Rio de Janeiro (alternatively and optionally).
Recife or Natal.
Dakar.
Casablanca or Villa Cisneros.
Madrid.
Rome.
Geneva or Zurich or Frankfurt.
Amsterdam.

2. Buenos Aires.
Saint Paul or Rio de Janeiro (alternatively and optionally).
Recife or Natal.
Dakar.
Casablanca or Villa Cisneros.
Madrid.
Paris.
Amsterdam.
Both routes in both ways.