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 13.920

Agreements on International Air Transport approved with Brazil.

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 Government of the Argentine Republic and the Government of the United States of Brazil, signed on 2 June 1948, in the city of Rio de Janeiro, 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


Agreement on regular air transportation between the Government of the Argentine Republic and the Government of the United States of Brazil

The Government of the Argentine Republic and the Government of the United States of Brazil, considering:

That the ever-growing possibilities of commercial aviation are increasingly important;

That such a means of transport, by its essential characteristics, allowing rapid communications, provides greater rapprochement among the United Nations;

It is appropriate to organize, in a secure and orderly manner, regular international air services, without prejudice to national and regional interests, taking into account the development of international cooperation in the field of air transportation,

That it is their aspiration to reach a comprehensive multilateral convention, which governs all Nations in the field of international air transport;

That, as long as such a multilateral general convention is not concluded, in which both Governments are parties, an agreement is required to ensure regular air communications between the two countries, in the terms of the International Civil Aviation Convention, concluded in Chicago on 7 December 1944;

They designed for this plenipotentiary effect, which, having redeemed their Plenipotentiary Powers, found in good and proper form, and bearing in mind the agreements that each of them has previously concluded, agreed in the following provisions:


ARTICLE I

The Contracting Parties grant each other the rights specified in this Agreement and its Annex, in order to establish the regular international air services described therein, henceforth called "agreed services".

ARTICLE II

1.- Any of the agreed services may be initiated immediately or thereafter, at the discretion of the Contracting Party to which the rights are granted, but not before:

(a) The Contracting Party to which it has been granted has designated a company or aerial companies of its nationality for each or every specific route;

(b) The Contracting Party granting the rights has given the necessary operating licence to the company or aerial reference companies, which shall promptly observe the provisions of paragraph N. 2 of this Article and those of Article VI.

2.- Designated air enterprises may be called upon to prove to the Aeronautical Authorities of the Contracting Party that grants the rights, which are in a position to meet the requirements prescribed by the laws and regulations normally applied by those Authorities for the operation of commercial air enterprises.

ARTICLE III

In order to avoid discriminatory practices and respect the principle of equal treatment:

1.- The fees or other tax rights that one of the Contracting Parties imposes or permits to be imposed on the company or aerial companies designated by the other Contracting Party for the use of airports and other facilities shall not exceed those that are charged for the use of such airports and facilities, by aircraft of its flag affected to similar international services.

2.- Fuels, lubricating oils and spare parts introduced in the territory of a Contracting Party or placed in that territory on board aircraft of the other Contracting Party, either directly by an air company designated by it, either on behalf of that company, intended solely for the use of its aircraft, shall enjoy the treatment given to national enterprises or to the most-favoured-nation enterprises, with respect to tax, customs and other duties.

3.- Aircraft from one of the Contracting Parties used in the operation of the agreed services, and fuels, lubricating oils, spare parts, normal equipment and provisions on board, which remain on board and for use on such aircraft, shall enjoy exemption from customs duties, inspection fees and similar fees or fees, in the territory of the other Contracting Party even when used by the aircraft in flight on that territory.

4.- The things listed in the preceding paragraph and enjoying the exemption therein established may not be deposited on land without the approval of the customs authorities of the other Contracting Party. Until their re-export or use, such things shall be subject to the customs control of the other Contracting Party, but without affecting their availability.

ARTICLE IV

Certificates of navigability, letters of habilitation and licences granted or validated by one of the Contracting Parties, which are still in force, shall be recognized as valid by the other Contracting Party for the purpose of the exploitation of the agreed services. The Contracting Parties reserve the right not to recognize, with respect to the overflight of their territory, the letters and licences granted to their nationals by the other Contracting Party or by a third State.

ARTICLE V

1.- The laws and regulations of a Contracting Party relating to the entry, stay and departure of its territory from aircraft affected to international air navigation or relating to the operation and navigation of such aircraft, within the limits of the same territory, shall apply to aircraft of the company or air enterprises designated by the other Contracting Party.

2.- The laws and regulations of each Contracting Party relating to the entry, stay and departure of its territory, passengers, crews or cargo of aircraft, such as those concerning entry, dispatch, immigration, passports, customs and quarantine, shall apply to passengers, crew members and cargoes of aircraft affected to the agreed services.

ARTICLE VI

The Contracting Parties reserve the power to deny a license of operation to an aerial company designated by the other Contracting Party or to revoke such a license, when they do not sufficiently judge that a substantial part of the property and the effective control of the said company are in the hands of nationals of the other Contracting Party, or in the event of the non-observance of the laws and regulations referred to in Article XIII of the Convention.

ARTICLE VII

Offences to the legal or regulatory provisions, which do not constitute an offence and have been committed in the territory or airspace overjacent of one of the Contracting Parties, shall be communicated to the aeronautical authorities of the other Contracting Party, in order that they promote the fulfilment of the obligations arising from such violations, subject to the limitation of being responsible for forming part of the crews that transit through its territory, without prejudice to the penalties imposed.

In investigations to determine the existence of such violations, the respective aeronautical authorities will endeavour to ensure that the regularity of the agreed services is not affected.

ARTICLE VIII

The Contracting Parties reserve the power to replace, with other national air companies, the orally designated aerial companies, giving notice to the other Contracting Party. All provisions of this Agreement and its Annex shall be applied to the new designated company.

ARTICLE IX

In the event that any Contracting Party wishes to modify the terms of the Annex to this Agreement or to use of the authority provided for in Article VI above, it shall promote consultation between the aeronautical authorities of both Contracting Parties, which must be consulted within sixty days of the date of the respective notification.

When the above-mentioned authorities agree to modify the Annex, such modifications shall enter into force after being confirmed by a change of notes by diplomatic means.

ARTICLE X

1.- The aeronautical authorities of both Contracting Parties shall, in common agreement, resolve, on the basis of reciprocity, all matters relating to the implementation of this Agreement, its Annex and road plans, consulting, from time to time, in order to ensure the successful implementation and implementation of its principles and purposes.

2.- Differences between Contracting Parties, relating to the interpretation or application of this Agreement and its Annex, which could not be resolved through consultation, shall be subject to arbitral proceedings, at the election of Contracting Parties.

ARTICLE XI

Any Contracting Party may, at any time, notify the other Party of its decision to terminate this Agreement. It shall first require consultation with the other Contracting Party. After sixty days from the date of notice of the respective matter without an understanding, the Contracting Party shall confirm its denunciation, through the corresponding notification, which shall be made simultaneously to the International Civil Aviation Organization.

This Agreement shall expire six months after receipt of notification by the other Contracting Party, unless it has been withdrawn by Agreement prior to the expiration of that period. If the receipt of the notification by the Contracting Party to whom it was addressed is not acknowledged, it shall be deemed to have been received fourteen days after having been received by the International Civil Aviation Organization.

ARTICLE XII

Upon the entry into force of a multilateral aviation convention ratified by the two Contracting Parties, this Agreement and its Annex shall be subject to the emerging modifications of that multilateral convention.

ARTICLE XIII

This Agreement replaces any existing license, privilege or concession at the time of signature, granted to any title by one of the Contracting Parties in favour of aerial companies of the other Contracting Party.

ARTICLE XIV

This Agreement and all contracts relating thereto, which complement or modify, shall be registered with the International Civil Aviation Organization.

ARTICLE XV

For the purposes of the implementation of this Agreement and its Annex:

1.- The term "Aeronautical authorities" shall mean, in the case of the Argentine Republic, the secretary of Aeronautics and in the case of the United States of Brazil, the minister of Aeronautics, or in both cases, any person or organ that is authorized to exercise the functions assigned to them;

2.- The term "designated air enterprise" shall mean any company that one of the Contracting Parties has chosen to exploit the services agreed upon in one or more of the specified routes, and in which respect a written communication was made to the competent aeronautical authorities of the other Contracting Party, as provided for in Article II of this Agreement.

3.- The expression "trafficking needs" will mean the demand for traffic of passengers, cargo and/or mail, expressed in metric kilometres between the extremes of the agreed services;

4.- The term "capacity of an aircraft" will mean the useful charge for commercial purposes;

5.- The term "transportability offered" will mean the total capabilities of the aircraft used in each of the agreed services, a reasonable load factor, multiplied by the frequency at which they operate in a given period;

6.- The term "air route" will mean the itinerary established followed by an aircraft performing a regular service for the public transport of passengers cargo and/or mail;

7.- It is considered Brazilian-Argentine traffic that originates from the Brazilian 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 Brazilian territory, whether it is transported by national companies of one or another country or by other foreign companies;

8.- The term "regular international air service" will mean the international service performed by designated airlines, often uniform, according to pre-established schedules and routes, approved by the Governments concerned.

ARTICLE XVI

This Agreement shall be ratified or approved, as appropriate, in accordance with the constitutional provisions of each Contracting Party and shall enter into force from the date of redemption of ratifications, which shall take place as soon as possible. Until such time and from the date of signature, it shall enter into force, provisionally, within the limits of the administrative powers of each Contracting Party.

In faith of which, the Plenipotentiaries appointed by both Contracting Parties sign and seal two copies of the same tenor, of this Agreement, in the Spanish and Portuguese languages, equally valid, on 2 days of June 1948. - Juan I. Cooke. - Enrique A. Ferreira. - Armando F. Trompowsky - Raúl Fernandes.

Annex

I

The Government of the United States of Brazil grants the Government of the Argentine Republic the right to operate, through one or more designated air companies, air services between the territories of Argentina and Brazil, or through their territories, on the routes specified in Plan I of this Annex, without performing in Brazilian territory.


II

The Government of the Argentine Republic grants the Government of the United States of Brazil the right to operate, through one or more designated air companies, air services between the territories of Brazil and Argentina or through their territories, on the routes specified in Plan II of this Annex, without performing in Argentine territory.

III

(a) The air transport company or companies designated by the Contracting Parties, under the terms of the Agreement and this Annex, shall enjoy in the territory of the other Contracting Party, on each of the specified routes, the right of transit and scale for non-commercial purposes in the airports open for international traffic, as well as the right to embark and disembark international traffic of passengers, cargo and postal mail at the points listed in the specified routes;

(b) It is recognized to the Contracting Parties, in particular, given the geographical situation of the two countries, the power to exercise the rights contained in this clause in the extensions of their lines to points beyond their respective territories;

(c) The above-mentioned provisions are subject, in their exercise, to the regulatory conditions prescribed in Section IV.

IV

(a) The transport capacity offered by the air companies of the two Contracting Parties shall maintain a close relationship with the traffic needs;

(b) A fair and equitable treatment should be ensured to air enterprises designated by the two Contracting Parties so that they can enjoy equal opportunity in the supply of the agreed services;

(c) Aerial enterprises designated by Contracting Parties shall take into consideration, when they operate common routes or sections of a route, their mutual interests, in order not to unduly affect the respective services;

(d) The agreed services are intended primarily to provide adequate capacity for the needs of traffic between the country to which the company belongs and the territory of the other Contracting Party, without prejudice to the special right set out in section III (b) and as prescribed in subparagraph (e) below;

(e) The right of a designated airline to embark and disembark, at the specified points and routes, international traffic, to or from third countries, shall be exercised as complementary to the traffic needs between each of these third countries and one of the Contracting Parties. In the event of an objection by some of those third countries, consultations will be held in order to apply these principles to the specific case;

(f) The transport capacity offered should be related to the needs of the area through which the airline passes, respected the interests of local and regional services.

V

The aeronautical authorities of the Contracting Parties shall be consulted at the request of one of them, in order to verify whether the principles set forth in Section IV above are observed by the air companies designated by the Contracting Parties and, in particular, to prevent the traffic from being diverted in an unfair proportion to any of the designated companies. The traffic statistics will be taken into account, which are committed to regularly carrying and exchanging.

VI

(a) The rates will be set at reasonable levels, taking into account all important factors and, in particular, the cost of exploitation, reasonable profits, fees charged by other companies and the characteristics of service house, such as speed and comfort;

(b) The fees to be charged by the designated airlines of each Contracting Party, between points of the Argentine territory and points of the Brazilian territory, mentioned in the annexed Plans, shall be subject to the prior approval of the Aeronautical Authorities, for entry into force. The proposed fee shall be submitted at least thirty days prior to the expected date for its validity, and may be reduced in special cases if so agreed by the aforementioned Air Authorities;

(c) The fees to be charged by air companies designated by one of the Contracting Parties, which serve points on common routes, between the territory of the other Contracting Party and third countries, shall not be less than those charged in those areas of the route by the other Contracting Party and those third countries.

For the sectors of the routes specified in the Plans of this Annex, which comprise points located within the territories of each Contracting Party and third countries, points that are not located on common routes, the rates to be applied shall be subject to the prior approval of the Air Authorities of the Contracting Party in whose territory those points are located, following the same procedure established in the preceding paragraph;

(d) With the knowledge of the respective Aeronautical Authorities, the air companies designated by the Contracting Parties shall seek to agree between them the rates for passengers and cargo to be applied in the common sections of their lines, after consulting, if any, the airlines of third countries that exploit the same routes, in whole or in part;

(e) The recommendations of the International Air Transport Association (I.A.T.A.) will be taken into consideration for tariff fixation;

(f) In the event that companies could not agree on the rates to be fixed, the competent Air Authorities of both Contracting Parties shall endeavour to reach a satisfactory solution. In the latter case, it shall proceed in accordance with Article X of the Agreement;

(g) The rates of other international services serving points between the two Contracting Parties may not be lower than those charged by the latter ' s companies on the same routes and between their respective territories.

VII
Any alteration of points in the air routes specified in the annexed plans, except for those that alter the points served in the territory of the other Contracting Party, shall not be considered as modification of the Annex. The Aeronautical Authorities of each of the Contracting Parties may, therefore, proceed unilaterally to such a modification, provided that they are notified, without delay, the Aeronautical Authorities of the other Contracting Party.

If the latter Authorities, considered the principles set out in Section IV of this Annex, judge that the interests of their national air companies are adversely affected by the companies of the other Contracting Party, for the already insured traffic between their own territory and the new scale in a third country, the Aeronautical Authorities of both Contracting Parties shall consult in order to reach a satisfactory agreement.

VIII

(a) For the purposes of this Section, the term "aircraft change" on a specified scale means that, beyond that point, traffic is served on the route considered by the same airline with an aircraft other than that used on the same route before the scale referred;

(b) The change of aircraft justified on the basis of operating economy shall be permitted at any point in the territory of the two Contracting Parties referred to in the annexed Plans;

(c) However, the change of aircraft shall not be permitted in the territory of one or another Contracting Party in the event that it alters the characteristics of the exploitation of the agreed services, or in the case of being incompatible with the principles set out in this Agreement and its Annex and, in particular, in Section IV of the same Annex.

(d) In principle, in the services from the aircraft registration country, the departure of aircraft used after the change of aircraft must be made in connection with the arrival of aircraft used to the point of change; likewise, the capacity of the aircraft used, after such change, will be determined according to the traffic that reaches the point of change and destined beyond;

(e) Where there is a certain capacity available in the aircraft used after the change of the aircraft carried out in accordance with the provisions of subparagraph (d) above, that capacity may be affected, in both respects, by international traffic from or destined for the territory in which the change was made and within the terms of section IV (e) of this Annex.

IX

After the entry into force of this Agreement, the Air Authorities of both Contracting Parties shall communicate with the other, as soon as possible, information concerning the authorizations given to the respective air companies designated to exploit the agreed services or part of such services.
This change of information will include a copy of the authorisations granted, accompanied by any modifications, as well as the respective annexes.

X

For an initial period of six months, from the signing of this Agreement and its Annex, companies designated by both Contracting Parties shall operate on the frequencies established by exchange of diplomatic notes.

After such time period, the aeronautical authorities of both Contracting Parties shall communicate reciprocally, not less than fifteen days before the effective operation of new services, and for the purposes of their approval, the following data: schedules, frequencies and types of aircraft to be used. To the same end, they must also communicate any modification.

Any increase in frequency may not be denied if the statistics report that, during the six-month period prior to the proposed increase, the use of the capacity offered by the aircraft of the designated airline company is made to an average load factor of fifty per cent (50%).

If any doubt arises as to whether or not this condition has been fulfilled, the aeronautical authorities of both contracting parties shall initiate consultations, as envisaged in Section V of this Annex. Pending this and up to a maximum time limit of one hundred and twenty days, the new frequency may be operated, but if the deadline has expired without an agreement it must be suspended immediately and until the matter is resolved.

XI

Each designated air navigation company, unless otherwise provided by the competent aviation authority, may maintain its own technical and administrative personnel at the airports of the other Contracting Party. Eighty percent (one hundred percent) of the staff in each category (technical, administrative and workers) must be of the nationality of the country in whose territory the airports are located. Any doubt or divergence that arises on this point will be resolved by the aviation authorities of the country to which the airports belong.

PLAN I

Argentinian routes for Brazil and through the Brazilian territory

A) Argentine routes to the Brazilian territory:

1.- From Buenos Aires to Rio de Janeiro, via Montevideo, Porto Alegre and Sao Paulo in both ways.

2.- From Buenos Aires to Rio de Janeiro, via Asunción, Guaira, in both ways.

B) Routes across Brazilian territory:

1.- Buenos Aires, Rio de Janeiro, Recife or Natal and beyond for third countries in Africa (Dakar, Bathurst or another point in the Atlantic) and in Europe for Madrid, Paris, London, and possible extension to Copenhagüue, Oslo and Stockholm in both ways.

2.- Buenos Aires, Rio de Janeiro, Recife or Natal and beyond for third countries in Africa (Dakar, Bathurst or another point in the Atlantic) and in Europe for Madrid, Rome, with possible extension to Geneva, Frankfurt or Berlin, in both ways.

3.- Buenos Aires, Rio de Janeiro, (via Porto Alegre and Sao Paulo), Bethlehem (via Barreiras) for third countries beyond the Caribbean and North America, according to reasonably direct routes, in both ways.

PLAN II

Brazilian routes for Argentina and through Argentine territory.

A) Brazilian routes to the Argentine territory:

1.- From Rio de Janeiro to Buenos Aires, via Sao Paulo, Porto Alegre and Montevideo, in both ways.

2.- From Rio de Janeiro to Buenos Aires, via Guaira and Asunción, in both ways.

B) Routes through Argentine territory:

1.- Rio de Janeiro for Santiago de Chile, via Guaira and Asunción, with technical landing in Córdoba, in both ways.

2.- Emergency variant route: Rio de Janeiro, via Guaira, Asunción, Salta, Antofagasta, for Lima and Santiago with eventual technical landing in Salta, in both ways.

Protocol of signature

In the course of the negotiations that ended with the signing of the Agreement on Regular Air Transport between the Argentine Republic and the United States of Brazil, concluded in Rio de Janeiro on the date, the representatives of the two Contracting Parties expressed their agreement on the following points:

1.- The customs, police, immigration and health authorities of the two Contracting Parties shall, in the simplest and most expeditious manner, apply the provisions provided for in Articles III and V of the Agreement in order to avoid any delay in the movement of aircraft affected to the agreed services. This consideration will be taken into account in the implementation and development of the respective regulations.

2.- The authority recognized in Article VI of the Agreement to deny or revoke authorization to an air company designated by one of the Contracting Parties may be exercised by the other Contracting Party in the event that the crews of the aircraft of the first Contracting Party include navigating personnel other than their nationality.

The inclusion of national crew members from third countries, in crews, will be admitted as long as it is for the purposes of instruction and training of mariners.

3.- The scales to be met by the air companies designated by the Argentine Republic, along their lines to the Caribbean and North American countries, will be announced as soon as they have been agreed, with the United States of America, the respective routes plans.

In faith of which, the plenipotentiaries designated by both Contracting Parties sign and seal two copies, of the same tenor, of this Protocol, in the Spanish and Portuguese languages, equally valid, in the city of Rio de Janeiro, on 2 days of June 1948.

For the Argentine Republic, Juan L. Cooke and Enrique A. Ferreira,

For the United States of Brazil, Armando F. Trompowsky and Raúl Fernandes.