ADOPTION OF THE CONVENTION ON EAST TRANSPORT WITH DINAMARK.
BUENOS AIRES, Aug 3, 1950
The Senate and the Chamber of Deputies of the Argentine Nation,
in Congress, etc.
Article 1.- Approve the agreement on air transportation between the Governments of the Argentine Republic and Denmark, which was signed in the city of Buenos Aires on 18 March 1948.
Article 2.- Contact the Executive.
RAMELLA - Reales - CAMPORA - González -
Annex A- Convention on Air Transport between the Governments of the Argentine Republic and Denmark, signed in Buenos Aires on March 18, 1948.-
ARTICLE I Each Contracting Party grants to the other the rights specified in the Annex to this Agreement, in order to establish the international civil air routes and the services described in that Annex (hereinafter referred to as "agreed services"), which can be opened immediately or later, at the will of the Contracting Party to which the rights are granted.
ARTICLE II (a) Each of the agreed services may be put into operation as soon as the Contracting Party to which Article I has been granted the right to designate one or more airlines for the specified route or routes, has authorized an enterprise to operate the route, and the Contracting Party conferring the right shall be bound, subject to Article VII of this Agreement, to grant the appropriate permits to the designated enterprises without delay.
(b) Prior to being authorized to commence the services provided for in this Agreement, the airlines or airlines designated by one of the Contracting Parties may be requested to submit to the competent aeronautical authorities of the other Contracting Party the justifications that it is able to comply with the conditions prescribed by the laws and regulations normally applied by these authorities to the other regular international airport services.
ARTICLE III (a) Exploitation rights that may have previously been granted by any Contracting Party to a Third State or to an air navigation company shall be in force in accordance with the terms under which they have been agreed. (b) Each Contracting Party is free to conclude agreements with another Contracting State or States that bestow greater advantages on its aircraft than those accorded by this Agreement and its Annex, provided that they are not infringed upon by another Party.
ARTICLE IV In order to avoid discriminatory practices and ensure equal treatment, it is agreed: (a) Each Contracting Party may impose or permit the imposition of fair and reasonable fees for the use of airports and other facilities, although such fees or other charges should not be higher than those that would pay for the use of such airports and facilities, national aircraft participating in similar international services.
(b) The fuels and lubricants on board the aircraft of a Contracting Party and spare parts, equipment and material in general, that a Contracting Party or its nationals enter into the territory of the other Party for the exclusive use of the aircraft of the first to perform the agreed services, shall receive from the second a treatment no less favourable than that accorded to national airlines or other foreign inspections with respect to customs duties, taxes and duties. (c) Aircraft of the agreed services, the stocks of fuels, lubricants, spare parts, normal equipment and on-board provisions that carry on board the civilian aircraft of the Contracting Parties ' airship companies authorized to operate the agreed services shall be exempt, upon arrival in the territory of the other Contracting Party, from customs duties, inspection fees or similar charges, when they are issued on or out of the territory. (d) The goods thus exempt cannot be disembarked but with the consent of the customs authorities of the other Contracting Party. 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 V The certificates of aircraft, aptitude and licenses granted or recognized by one of the Contracting Parties, provided that they have not expired, shall be 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 aptitude and licences granted to its own nationals by another State.
ARTICLE VI (a) The laws and regulations of a Contracting Party concerning the entry, stay or departure of its territory of aircraft performing 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 other Contracting Party. (b) The Laws and Regulations of a Contracting Party relating to the entry into its territory, stay or departure from it by the passengers, crew or goods transported by the aircraft, such as those relating to the police, admission, dispatch, migration, passport, customs and health, shall be observed by such passengers, such crew and the shippers of such goods, directly or by the person acting on their behalf or on their own the entry and departure of the territory of the Party.
ARTICLE VII Each Contracting Party reserves the right to deny or revoke to a company of the other Party the authorization referred to in Articles I and II of this Agreement when there are substantial grounds that the substantial property and the effective control of the same belong to its nationals or in the case of a fault on the part of the company designated in compliance with the laws of the State on which it operates under the conditions, or in the case of a failure to comply with the provisions of Article VI.
ARTICLE VIII The Contracting Parties may freely replace the respective concessionaires of the agreed services by other national companies, with prior notice to the other Contracting Party. The new designated company will have all the rights and obligations of the substitute.
ARTICLE IX Offences to the provisions of the internal regulations of the aircraft services that are not an offence and are committed in the territory of one of the Contracting Parties by the personnel of companies designated by the other Party shall be communicated to the competent aviation 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 X This Agreement, as well as all related contracts, shall be registered at the O.A.C.I. (International Civil Aviation Organization).
ARTICLE XI The Aeronautical Authorities of both Contracting Parties shall resolve in common agreement and on the basis of reciprocity any question concerning the implementation of this Agreement and its Annex, and shall be consulted in time to ensure that its principles and purposes are applied and their implementation is satisfactory.
ARTICLE XII If one of the Contracting Parties finds it desirable to modify any provision of the Agreement or of the Annex (including the routes specified in paragraphs I and II of the Annex), it may request a consultation between the Aeronautical Authorities of both Contracting Parties, having such consultation commence within a period of sixty days from the date of the request. Notwithstanding their recommendations, adopted by mutual agreement on the matter, they shall enter into force only once they have been confirmed by a protocol or exchange of diplomatic notes.
ARTICLE XIII In the event of the entry into force of both Contracting Parties to a multilateral air navigation convention, this Agreement shall be amended to conform to the provisions of that Convention.
ARTICLE XIV Except where otherwise provided in this Agreement or its Annex any dispute between the Contracting Parties relating to the interpretation or application of this Agreement or its Annex which cannot be settled through consultations, or by diplomatic means, shall be submitted to an arbitral tribunal designated by the two Governments.
ARTICLE XV After a period of two months to allow a consultation between the Contracting Parties, each may notify the other of its desire to terminate this Agreement. This notice must be communicated simultaneously to the O.A.C.I. The Agreement shall then terminate at the date specified in the notification, but in no case before a period of twelve months, counted from the date of receipt of the notification by the other Contracting Party. However, the cancellation notice may be withdrawn by common agreement before this period expires. In the event of a lack of acknowledgement by the other Contracting Party, it shall be understood that the notification has been received two weeks after the O.A.C.I. has received the notification to that agency.
ARTICLE XVI 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 the full and effective implementation of the Agreement.
ARTICLE XVII For the purposes of this Agreement and Annex: 1) The expression "Aeronautical Auctions" will mean in the case of the Argentine Republic the Secretariat of Aeronautics, and in the case of Denmark, the "Luftfartsmyndigheder" (Minister of Public Works). (2) The term "territory" shall mean land surfaces or jurisdictional waters under the sovereignty, dominion, protection or mandate of the respective State. (3) The term "designated airline" shall mean the air transport company that the aeronautical authorities of one of the Contracting Parties have designated to serve on a specified route or routes, in accordance with Articles I and II of this Agreement and Annex Plans, and notified in writing to the aeronautical authorities of the other Contracting Party. (4) The term "trafficking needs" will mean the demand for transport in passengers, cargo and/or mail, between the two extreme points of a route between the territories of the two Contracting Parties, calculated at a given time. (5) The term "capacity" shall mean the commercial burden of an aircraft that is authorized to occupy 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. 6) The expression "service offered" will mean the ability of aircraft used in such service, multiplied by the frequency with which such aircraft operate over a given period and route. 7) The expression "loading break" will mean that beyond a point of scale given the 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.
8) The term "air route" will mean the fixed itinerary followed by an aircraft that provides a regular service for the public transport of passengers, cargoes and/or mail. 9) It will be considered "Argentinian traffic" that comes originally from the territory of Denmark and is loaded with final destination to Argentine territory, as well as the one that comes originally from Argentine territory and is loaded with final destination to the territory of Denmark, whether it is transported by national companies from one country or another, or by other foreign companies.
ARTICLE XVIII This Agreement shall enter into force provisionally on the date of signature, and definitively on the occasion of its approval and ratification in accordance with the domestic legislation of each Contracting Party.
In faith of which two copies of the same tenor are signed in the Spanish and Danish languages, equally valid, in the city of Buenos Aires, eighteen days of the month of March of thousand nine hundred forty-eight.- LUND - BRAMUGLIA - from COLINA
Annex B-Annex to the Convention on Air Transport between the Governments of the Argentine Republic and Denmark, signed in Buenos Aires on 18 March 1948-
I The Government of the Argentine Republic grants the Government of Denmark the right to operate air transport services, which transit through, or commercially serve the traffic between Denmark and the Argentine Republic, without carrying out one or more Danish airlines designated by the latter on the routes specified in Plan I of this Annex.
II The Government of Denmark 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 Denmark, without carrying out one or more Argentinean airlines designated by the latter on the routes specified in Plan II of this Annex.
III One or more airlines designated by each of the Contracting Parties shall, in accordance with the provisions of this Agreement, enjoy, in the territory of the other Contracting Party, transit and non-commercial duty fees, as well as the right of entry and commercial departure for international traffic of passengers, cargo and mail, at the points listed in each of the specified routes, under the conditions set forth in this Annex, and the right to use in such auxiliary routes.
IV Equitable and equal opportunity will be offered in services for the airlines of the Contracting Parties to operate on each of the agreed routes between their respective territories.
V The air service offered under this Agreement shall be closely related to the traffic requirements between the territories of the Contracting Parties.
VI Both Contracting Parties agree to recognize that the traffic of fifth freedom is complementary to the traffic needs between the terminal points of the routes between the territories of the Contracting Parties, and at the same time subsidiary in relation to the traffic needs of third and fourth freedom between the territory of the other Contracting Party and a country of the route. 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 to the extent that this does not contravene what has been agreed to in this Agreement and its Annex. The services offered shall be in relation to the requirements of the area through which the airline passes, taking due account of the regional and local services, and shall also be in relation to the requirements of the operation between the terminal points. In this connection both Contracting Parties recognize that the development of local and regional services is the legitimate rights of their respective countries. They therefore agree to consult regularly on how the above standards in this section are met by their respective airlines, in order to ensure that their interests in local and regional services and also in their long-distance services are not prejudiced. They also agree that, in the case of an objection by an intermediary country, they will initiate consultations immediately in order to apply these rules to any particular case and practically.
VII When a line or line of a Contracting Party is temporarily unable to take advantage of the advantage of the opportunity in services, referred to in paragraph IV of this Annex, the situation by both Contracting Parties shall be considered in order to facilitate the necessary development. If the airline of the first Contracting Party wishes to increase its own contribution to the service referred to, the line of the other Contracting Party shall withdraw to the four months of notification, those services that it has increased under the circumstances referred to in the preceding paragraph.
VIII. To ensure compliance with the principles and compliance with the provisions contained in this Agreement and Annex (especially paragraphs IV, V, VI and VII thereof), the aeronautical authorities of both Contracting Parties shall conduct regular and frequent consultations, and shall take into account the statistics relating to trafficking, which undertake to carry and exchange periodically. Without prejudice to the carrying of specialized statistics of the Argentine-Danish traffic, it is particularly desirable that the statistics that will serve as the basis for the adjustments to be made between the airlines of both Contracting Parties, or between these will be the ones that include the Argentine- Scandinavian traffic, which is understood from Argentina, on the one hand, and Denmark, Sweden and Norway on the other.
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 fees charged by other airlines operating on all or part of the route. To that end, the recommendations of the International Association of Air Transporters will be taken into account. (b) The fees charged by one of the Contracting Parties for traffic embarked or disembarked on the scales of a route cannot be less than the rates that by the same traffic are applied by the other Contracting Party in the same sector of the route. (c) The airlines 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. (d) Any such agreed rate shall be subject to approval by the Contracting Parties. In the event of disagreement between designated airlines, Contracting Parties should seek to reach agreement between them, and if they did not reach an understanding, the procedure provided for in Article XII of the Agreement shall be followed.
X The changes made by any of the Contracting Parties on the routes described in the Annex Plans shall not be considered as modifications of the Annex, except those that modify the points served by these lines in the territory of the other Contracting Party. The aeronautical authorities of any Contracting Party may, therefore, proceed unilaterally to make such changes, provided that they promptly notify the aeronautical authorities of the other Contracting Party. If these aeronautical authorities find that in relation to the principles set forth in paragraph VI of the Annex to the present Agreement, the transport of air traffic by the line or airline of the first Contracting Party between the territory of the second Contracting Party and the new point in the territory of the third country are detrimental to the interests of their line or airline, the authorities of both Contracting Parties shall consult with the purpose of reaching a satisfactory agreement.
XI (a) Any breach of burden, justified on the grounds of exploitation economy, shall be admitted on any scale of agreed routes. (b) Notwithstanding any breach of burden may be made in the territories of one or the other Contracting Parties when it modifies the characteristics of the exploitation of a long-term service or is incompatible with the principles set forth in this Agreement and its Annex.
XII from the entry into force of this Agreement, the Air Authorities of the two Contracting Parties shall, as quickly as possible, communicate information concerning the authorizations given to the company or air companies designated by them to operate on the routes mentioned in the Plans of this Annex, or fraction of those routes.
These information should include copies of the agreed authorizations, amendments and other annexed documents. (b) The Air Authorities of both Contracting Parties shall communicate, respectively, eight days prior to the effective operation of their respective concessions, schedules and frequencies for the purpose of their approval, as well as the types of aircraft normally used in their services. Any modification shall also be communicated.
XIII Each designated aerial company, subject to authorization by the competent territorial Air Authority, may maintain its own technical and administrative personnel at the airport of the other Contracting Party.
XIV. While the existence of a visa for the admission of aliens in the two countries remains, crews inscribed in the manifesto on board the aircraft of the two countries, affected by the agreed services, shall be exempt from the compulsory visa.
They must be in possession of a valid passport on their behalf and of an identity document issued by the air transport company in which they provide their services.
PLAN I Sweden or/and Norway or/and Denmark, via intermediate scales in Europe and Africa - Natal or Recife - Rio de Janeiro - Montevideo - Buenos Aires with extension to Santiago de Chile, in both directions.
Buenos Aires - Rio de Janeiro - Natal - Dakar - Casablanca - Paris - London - Copenhagüue - Stockholm, in both directions.