ADOPTION OF THE CONVENTION ON REGULAR AEREAL TRANSPORTS BETWEEN THE ARGENTINA AND PORTUGAL REPUBLIC.
BUENOS AIRES, Aug 3, 1950
The Senate and the Chamber of Deputies of the Argentine Nation,
in Congress, etc.
SANCIONAN WITH FORCE OF LEY.
Article 1.- Approve the agreement on air transportation signed in the city of Lisbon on 7 March 1947 by the plenipotentiaries of the governments of the Argentine Republic and Portugal.
Art. 2.- Contact the Executive.
RAMELLA. Real. CAMPORA. Gonzalez.
Annex A-Convention on Air Transport between the Governments of the Argentine Republic and Portugal, subscribed to the Lisbon City on 7 March 1947.-
ARTICLE 1. The Contracting Parties grant mutual and reciprocal rights specified in the Annex to this Agreement to establish regular air services on the routes described in Plans I and II of the same Annex. Such services may be opened immediately or at a later date, on the option of the Contracting Party to whom the rights have been agreed.
ARTICLE 2. Prior to being authorized to commence the services provided for in this Agreement, the company or aerial companies designated by one of the Contracting Parties may be obliged to submit to the competent aeronautical authorities of the other Contracting Party the justifications that it is capable of complying with the conditions prescribed by the laws and regulations normally applied by these authorities to the other regular international airport services.
ARTICLE 3.(a) The rights that may have been granted prior by each Contracting Party to any State not party to this Agreement, or to an airlifting company or company of its own, shall continue in force and with the same force as they were agreed. (b) Each Contracting Party is free to conclude agreements with another State or neighbouring States that grant greater advantages to its aircraft than those granted by this Agreement and its Annex, provided that they are not granted by another Party.
ARTICLE 4.(a) The levies (taxes, fees and contributions) that any Contracting Party imposes or may impose on the company or air companies designated by the other Contracting Party, for the use of airports and/or other facilities, shall not exceed those paid by national or other foreign airlines engaged in similar international air services, for the use of the same airports and facilities. (b) Fuel, lubricating oils and spare parts introduced or carried on board aircraft in the territory of a Contracting Party on the part or account of the designated company or air companies of the other Contracting Party and exclusively for the use of their aircraft, shall be treated no less favourable than that accorded to national or other foreign airlines engaged in international air transportation in respect of customs duties, taxes of any other grava. (c) Aircraft used by the company or aerial companies designated by one of the Contracting Parties in the air services that are subject to this Agreement, as well as fuels of lubricant oils, spare parts, normal equipment and provisions of the aircraft, brought on board such aircraft, shall be from the entry to the departure of the territory of the other Contracting Party, exempt from customs duties, inspection rates and/or other gravel Things and goods that should be re-exported must be kept until re-export, under the supervision and inspection of the customs authorities, but without affecting their availability.
ARTICLE 5. Certificates of aerial navigability, certificates of competence or licences granted or validated by one of the Contracting Parties and even in force, granted for the navigation or experimentation of the routes and services described in the Annex Plans, shall be recognized as valid by the other Contracting Party. However, each Contracting Party reserves the right to refuse to recognize, for the overflight of its own territory, the certificates and licences agreed upon to its own nationals by another State.
ARTICLE 6.(a) The laws and regulations of a Contracting Party relating to the entry, stay or departure of its territory from aircraft used in international air navigation or relating to the operation, manoeuvre and navigation of such aircraft while within its territory shall apply to aircraft of the company or designated airlines of the other Contracting Party.
(b) The laws and regulations of a Contracting Party relating to the admission, stay or departure of its territory, of passengers, crew, baggage or goods transported by aircraft, such as those governing entry, customs clearance, immigration, passports, customs and quarantine rights, shall also be applied. These same laws and regulations shall also be applied to a foreign company or airlines that perform services to or from the territory of that Contracting Party.
ARTICLE 7. Offences to the provisions contained in the internal regulations of the navigation services that do not constitute an offence and are committed in the territory of one of the Contracting Parties by the personnel of aerial companies designated by the other Party shall be communicated to the competent aeronautical 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 the termination of the official or staff of the designated company, who has committed the offence. In case of recidivism, the revocation of the rights agreed upon to the responsible airline may be claimed.
ARTICLE 8. Each Contracting Party reserves the right to deny or revoke the exercise of the exploitation rights given to a company or aerial companies designated by the other Contracting Party, in any case where it is not convinced that the substantial property and the effective counterclaim of that airline belong to nationals of each Contracting Party, or in the event of failure to comply with the laws and regulations provided for in Article 6, or also to comply with the terms of the Agreement.
ARTICLE 9. The Contracting Parties agree to submit to arbitration any matter concerning the interpretation or application of this Agreement and its Annex, which is not resolved by direct negotiation.
They also agree that any solution should be inspired by the concepts of equality and sovereignty of both nations, as well as that of the division by equal parts of the traffic between the two countries, taken in the economic expression of their gross performance. The Contracting Parties undertake to accept and comply with the decision of the arbitrator.
ARTICLE 10 For the purposes of this Agreement and its Annex: 1.- The term "designated air transport company", means the entity that the aeronautical authorities of one of the Contracting Parties have designated to provide services on a specified route or routes, in accordance with the Articles. 1 and 2 of this Agreement and Plans of the Annex, and notified in writing to the aeronautical authorities of the other Contracting Party. 2.- The term "trafficking needs", will mean the demand in passengers, cargo and/or correspondence, between the two extreme points of a route between the territories of the two Contracting Parties, calculated at a given time. 3.- The term "capacity" will mean the available commercial load of an aircraft, between the point of origin and the point of destination of the service to which it is affected, between the territories of the two Contracting Parties. 4.- The expression "service offered", will mean the ability of aircraft used in such service, multiplied by the frequency with which such aircraft operate in a given period and on a given route. 5.- The expression "loading rupture at a given point of scale", means that beyond that point of traffic on a certain route is served by the same airline with a device different from that used on the same route, before that scale.
ARTICLE 11 This Agreement and all related contracts shall be registered with the International Civil Aviation Provisory Organization established by the International Civil Aviation Provisory Agreement signed in Chicago, the United States of America, on 7 December 1944, or the Agency that permanently replaces it.
ARTICLE 12 Except as agreed in the article. 13 Next, this Agreement shall last ten years from the date of its signature and shall continue in force for successive periods of two years, for tacit reconduction.
However, its termination can be communicated at all times, but it will have no effect until a year after the respective notification.
ARTICLE 13(a) This Agreement shall enter into force provisionally on the date of signature and definitively when the constitutional requirements of both Contracting Parties are satisfied. Compliance with these requirements may not delay a period exceeding nine months from the date of signature of the Agreement. The change of communications regarding the implementation of the aforementioned constitutional requirements will be made in Buenos Aires as soon as possible. (b) The competent aeronautical authorities of both Contracting Parties, in a spirit of close collaboration, will be consulted from time to time in order to ensure that the defined principles and purposes of the Agreement and its Annex are being applied on the basis of reciprocity, and that their implementation is satisfactory. (c) If both Contracting Parties ratify or accede to this Agreement and its Annex to a multilateral air convention, they shall be confronted and, where appropriate, conform to the provisions of that Convention, after it enters into force for both Contracting Parties. (d) In the event that any Contracting Party wishes to modify the terms of the Annex or this Agreement, it shall so propose to the other Party, and the aeronautical authorities of both shall initiate the negotiations within sixty days of such a proposal. Any modification to the Annex or to the Agreement that is agreed between those authorities shall enter into force, after confirmed by a Exchange of Notes, by diplomatic means, which shall be done immediately. (e) Once the consultation procedure referred to inc. (d) of this article is initiated, each Contracting Party may at all times notify the other of its desire to terminate this Agreement. The notification shall be made simultaneously to the International Civil Aviation Provisory Organization, or to the agency that happens to it. After notification, this Agreement shall expire one year after the date of receipt of notification by the other Contracting Party unless such notification is withdrawn by common agreement prior to the expiration of that period. In the event of failure to acknowledge receipt of such notification by the Contracting Party to whom it was addressed, the notification shall be deemed received fourteen days after receipt by the International Civil Aviation Provisory Organization, or by the agency that happens.
Signed in Lisbon, on the seven days of March of nine hundred and forty-seven, in duplicate, in Spanish and Portuguese, having each text equal value. By the Government of the Argentine Republic, Enrique D.A. Ferreira.- By the Government of Portugal, José Caeiro da Matta.
Annex B-Annex to the Convention on Air Transport between the Governments of the Argentine Republic and Portugal, signed in the city of Lisbon on 7 March 1947-
The Portuguese Government grants the Argentine Government the right to ensure, through one or more Argentine air companies designated by the latter Government, air services on the routes mentioned in Plan I of this Annex, that they go through the Portuguese territories or commercially serve traffic between Portugal and Argentina.
II The Argentine Government grants the Government of Portugal the right to ensure, through one or more Portuguese airlines designated by the latter Government, the air services on the routes mentioned in Plan II of this Annex, that they go through the Argentine territories or commercially serve the traffic between Argentina and Portugal.
III (a) In order to exploit air services on the routes specified in Plan II of this Annex, the air companies designated by Portugal will enjoy in the Argentine territory the rights of transit and technical landing, as well as the rights to ship and disembark international traffic of passengers, cargo and correspondence from Portugal or Argentina, under the conditions set out in this Annex, and to use in the aforementioned routes the airfields and complementary facilities affected to international traffic. (b) In order to exploit air services on the routes specified in Plan I of this Annex, the air companies designated by Argentina shall enjoy in the Portuguese territory the traffic and technical landing rights as well as the rights to ship and disembark international traffic of passengers, cargo and correspondence from Argentina or Portugal, under the conditions set out in this Annex and to use in the aforementioned routes the airfields and complementary facilities affected to the international traffic.
IV The Contracting Parties agree: (a) That the service offered by the air companies of both Contracting Parties shall have as an essential objective to provide a corresponding volume with the needs of the traffic between the terminal points of the Argentine and Portuguese territories. The frequencies with which air companies designated by Contracting Parties are operating to provide this service shall be agreed upon among them and shall take into account the available commercial burden of the aircraft used. (b) That air companies of both Contracting Parties shall take into consideration, in the common routes, their mutual interests, in order not to improperly affect them. (c) That the services offered and provided for in the Plans of this Annex, when operating on the same route, shall be divided into equal proportions between the airlines designated by the two Contracting Parties. Where the same route is not followed, the aeronautical authorities of both Contracting Parties must agree on the services to be provided by each company or company in order to satisfy the principle that between the designated air companies of the two Contracting Parties the traffic between Argentina and Portugal is transported equally. (d) The services to provide, provisionally and initially, in the traffic extensions, must be agreed between the respective airlines of the two Contracting Parties before the opening of the service and on the basis of equal treatment, taking into account the Conventions that any Contracting Party has signed or subscribes to other States.
If there are no Conventions to which reference is made, the requirements referred to in paragraph VI of this Annex shall be taken into account. At the end of the interim period that will be six months and later in time, the services offered that may be available for the transport of traffic will be reconsidered among the airlines designated by the Contracting Parties in the light of experience. In the event of disagreement, the matter shall be submitted to the aeronautical authorities of the Contracting Parties. (e) The air transport company or companies designated by each Contracting Party to operate on a particular route shall agree at the commencement of the services the passenger, cargo or correspondence factor to be taken to determine the frequency of operation of each service. This Agreement shall be subject to the approval or modification of the competent authorities of the Contracting Parties. (f) The initial transportation factor determined in accordance with the above requirements must be revised in time by air companies designated for the service of each route by Contracting Parties. Any recommendation for the variation of that initial factor should be submitted to the approval of the respective aeronautical authorities. (g) In order to provide the requirements for unforeseen or temporary traffic, the designated air companies shall agree between them as necessary and sufficient to meet this temporary increase in traffic, and as much as necessary. Any such increase must be communicated to the respective aeronautical authorities, which may confirm or modify them.
V While one of the Contracting Parties is unable to transport all or part of the supply of transport authorized by the preceding paragraphs, it may arrange with the other Contracting Party, under terms and conditions to agree that one or more airlines of the other Contracting Party may operate that additional capacity, in accordance with the preceding paragraphs. However, it will be a condition in all such Agreements that if the first Contracting Party wishes at any time to begin to operate or increase its services, within the volume to which it is authorized, the company or air companies of the other Contracting Party must withdraw the corresponding portion or all the additional volume with which it is or are operating.
VI If an airline of one of the Contracting Parties wishes to leave or lift, in the territory of the other Contracting Party, traffic embarked on/or destined for the territory of third States, and the other Contracting Party is willing to carry such traffic, both Contracting Parties must initiate consultations with the other affected States, to arrange which adjustments of services should be made on the corresponding scales of the route. These consultations may only be initiated in cases where such requests are not inconsistent with the provisions of other agreements that any Contracting Party may have concluded and the granting of any privilege in this case, as well as any adjustment of services that is their consequence, shall be governed by: (a) The conditions of paragraph IV of this Annex (b) Air transportation requirements of the Territories concerned, as judged in relation to public conveniences and needs (c) Adequacy with other air transport services, both within and between affected territories, taking into account local and regional services (d) The requirements for economic exploitation.
VII (a) To the international traffic of passengers, cargo and correspondence that may be taken between Portugal and Argentina, or vice versa, by national companies of third countries that have granted by Portugal and Argentina the right to transport such traffic, the provisions of the division of traffic contained in this Annex (b) With regard to the application of the previous paragraph VI, the Argentine Government recognizes the very special nature of the air services between Portugal and Brazil that will be considered as having the same character as the services mentioned in the letter e) of the same in fine and, in turn, the Portuguese government recognizes the very special nature of the air services between Argentina and Brazil, as having the same character as the previous one and whose traffic must be regulated bearing in mind the provisions of art. III, inc. (b) of the Agreement.
VIII The Argentine Government obligates all aircraft of the air companies that exploit the routes mentioned in Plan I of this Annex, that fly over Portuguese continental territory, to scale in Lisbon, except for the special cases in which the Portuguese Government has previously repealed this principle and expressly allowed the direct passage.
IX (a) The rates will be set at reasonable rates, taking into account in particular the economy of exploitation, a normal gain, differences in service characteristics (such as speed and comfort), and the fees charged by other airlines operating in all or part of the route. To that end, the recommendations of the International Air Transport Association (b) will be taken into account The rates that are charged by traffic raised or left 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 countries, intermediates, on their own quota to the company or air companies of the other Contracting Party), cannot be less than the rates that by the same traffic are applied by the regional or local services of the corresponding sector. (c) Aerial companies designated by each Contracting Party shall, in the first instance, agree with the other airlines operating on the respective route or any section thereof, the fees to be charged. Any such agreed fee must be subject to the approval of the Contracting Parties. In the event of disagreement between designated airlines, Contracting Parties should seek to reach agreement between them. If the Contracting Parties do not reach an understanding, the procedure provided for in Article 9 of the Agreement shall be followed.
X (a) Any "loading" justified for reasons of operating economy shall be admitted on any scale of the routes mentioned in the Plans of this Annex. (b) However, no "loading" may be carried out in the territories of one or another of the Contracting Parties when they modify the characteristics of the exploitation of a long-term service, or is incompatible with the principles set forth in this Agreement and its Annex, and particularly in paragraph IV.
XI (a) Any modification of the air services mentioned in the Plans of this Annex that affect on the American continent the trace of the routes established on other territories that those of the Argentine Republic will not be considered as a modification to the Annex. The aeronautical authorities of each Contracting Party may, therefore, proceed unilaterally to such a modification, but must promptly communicate it to the aeronautical authorities of the other Contracting Party. (b) If these authorities consider, in relation to the principles set out in paragraph IV of this Annex, that the interests of their national airlines are affected by the traffic that makes on the American continent an airline of the first Contracting Party with a new point of a third country, the authorities of the two Contracting Parties shall consult in order to reach a satisfactory agreement.
XII From the entry into force of this Agreement, the aeronautical authorities of the two Contracting Parties shall communicate, as quickly as possible, information concerning the authorizations given to the designated company or airlines of their part to exploit the routes mentioned in the Plans of this Annex or fraction of those routes. These information should include copies of the agreed authorizations, their modifications and other annexed documents.-
FERREIRA-CAEIRO da MATTA
PLAN I - ARGENTINIAN RUTES
(1)-De Buenos Aires (or another airport or airports in Argentina designated for international air services, via one or more intermediate points of Brazil and Salt Island and/or French or British Africa) to Lisbon, on reasonably direct routes, and in both ways. (2)-From Buenos Aires to Lisbon following the same previous route, and from Lisbon to: a) Madrid and beyond, on reasonably direct routes, and in both ways. b) London and beyond, on reasonably direct routes and in both ways. It is understood that between Portugal and Spain and vice versa, the aircraft of the designated Argentine airlines will not be able to take or download international traffic of passengers, cargo and correspondence.
PLAN II - RUTAS PORTUGUESAS
(1)-From Portugal and intermediate points in Africa and Salt Island for Natal or Recife, Rio de Janeiro and/or San Pablo and/or Montevideo for Buenos Aires, following reasonably direct route in both directions. (2)-From Portugal to Buenos Aires following the previous route, and from Buenos Aires beyond Santiago de Chile, on a reasonably direct route and in both ways. It is understood that between Argentina and Chile and vice versa, the aircraft of the designated Portuguese airlines may not take or download international traffic of passengers, cargo and correspondence.