AGREEMENT ON REGULAR TRANSPORTS WITH FRENCH.
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 regular air transport between the Argentine Republic and the French Republic, which was signed in Paris on 30 January 1948, by the plenipotentiaries of both countries.
Art. 2.- Contact the Executive.
RAMELLA - Reales - CAMPORA. Gonzalez.
Adoption of the convention on regular air transport between the Argentine Republic and the French Republic signed in Paris on 30 January 1948.
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 concerned air transport companies to initiate the agreed services, which shall do without delay, even if it is subject to the provisions of paragraph 2 of this article and the provisions of article 2. 6. 2.- Designated enterprises may be required to demonstrate to the Aeronautical Authorities of the Contracting Party that grants the rights, proof that they are trained 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. To avoid any discriminatory measures and to respect the principle of equal treatment: 1.- The tax rates or other tax rights that each Contracting Party imposes or permits imposing for the use of airports and other facilities to the designated companies of 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 fees or other tax charges and similar taxes, even if such aircraft are used in such matters. 4.- The things enumerated in paragraph 3 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 services. However, each Contracting Party reserves the right, with regard to the overflight of its own territory, not to recognize as valid the certificates of suitability and licences granted to its own nationals by the other Contracting Party or by a third State.
ARTICLE 5. 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 aircraft of the company or the companies designated by the other Contracting Party. 2.- The laws and regulations governing the territory of each Contracting Party the entry, stay and departure of crew passengers or goods transported on board aircraft, such as those relating to police, admission, migration, dispatch, passports, customs and health, are applicable to passengers, crew and goods on board aircraft affected by the agreed services.
ARTICLE 6. Each Contracting Party reserves the right to deny or revoke an enterprise of the other Party the authorization contained in article 2, paragraph 2. 2. of this Agreement where there are substantial causes, it is not convinced that the substantial property and the effective counter-lor of it belong to its nationals. The same right may be exercised in cases of non-compliance by the designated company, the laws of the State on which it operates, or when the latter does not satisfy the conditions under which the rights arising from this Agreement and its Annex have been agreed.
ARTICLE 7. Each Contracting Party has the power to subsist with other national enterprises to the respective designated companies to exploit 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 8. 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 9. If one of the Contracting Parties considers it appropriate to amend any clause of this Agreement or its Annex, it may request a consultation of the Air Authorities between 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 10. When one of the Contracting Parties attempts to denounce this Agreement, it must require the other Contracting Party to consult.
After sixty days from the date of notification of this requirement without an agreement, the Contracting Party may notify its complaint. Such a complaint should be communicated simultaneously to the International Civil Aviation Organization (ICAO). Received the communication, this Agreement shall cease to be in force at the date specified in the same, but in no case before 10 months have elapsed from the date on which the other party receives the notification. Where the other Contracting Party does not acknowledge receipt, the notification shall be deemed received fourteen days after receipt by the International Civil Aviation Organization (ICAO).
ARTICLE 11. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement and/or its Annex, which cannot be resolved by means of consultations, be it directly among the companies concerned, be it between the competent Air Authorities, be it, in order, 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 12. 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 (ICAO).
ARTICLE 13. In the event that the two Contracting Parties have ratified or acceded to a multilateral aviation convention, this Agreement and its Annex shall be corrected in order to be adapted to the provisions of that Convention since the Convention entered into force between the two Parties.
ARTICLE 14. This Agreement is replaced by all privileges, concessions or authorizations previously agreed upon by any title by one of the Contracting Parties to air companies of the other Contracting Party.
ARTICLE 15. For the implementation of this Agreement and its Annex: (a) The term "Aeronautical Authority" means, with respect to the French Republic, the General Secretariat for Civil and Commercial Aviation, and with regard to the Argentine Republic, the Secretariat of Aeronautics, or in both cases any person or agency that is authorized 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 Article 2. of this Agreement (d) The definitions of paragraphs (a), (b) and (d) of Art. 96 of the Convention on International Civil Aviation mentioned above apply to this Agreement (e) The term "capacity" means the commercial load expressed in the number of passenger seats and in weight measures for the mail and goods, offered on a service agreed during a given period, by all aircraft used in the operation of that service (f) The term "air route" means the preset itinerary to follow an aircraft affected to a regular service for the public transport of passengers, goods and/or mail (g) The term "loading break" means that beyond a certain route scale, the traffic is served by the same airline with an aircraft other than that used on the same route, before that scale.
ARTICLE 16. 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 17. 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 18. 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 Paris, on the 30th day of the month of January, a thousand nine hundred forty-eight, in the French and Spanish languages, in two copies that make equally faith. Julio Victorica Roca.- Enrique D. Ferreira.- G. Bidault.- M.
ANNEX B -Annex I to the agreement on regular air transport between the Argentine Republic and the French Republic, signed in Paris on 30 January 1948.
I The Government of the Argentine Republic agrees to the Government of the French Republic the right to ensure by one or several companies designated by it, Air services on the routes mentioned in Plan A of this Annex, without making any execution in Argentine territory.
II The Government of the French Republic agrees to the Government of the Argentine Republic the right to ensure by one or more companies designated by the Government, the air services on the routes mentioned in Plan B of this Annex, without executing in French territory.
III The company or air transport companies designated by each of the Contracting Parties, 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 right to disembark and ship passengers, mail and goods in international traffic shall also be enjoyed by the air carriers designated by each Contracting Party under the conditions set forth in this Section, 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 services agreed between the respective territories (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 in this Agreement shall have as a primary objective the commissioning, a reasonable utilization factor, of a capacity consistent with the normal and reasonably foreseeable requirements of international air traffic originating or for the Contracting Party designated by the operator of such services. (f) Within the limits of the capacity to be serviced in accordance with the preceding paragraph (d) and in the complementary capacity of the Contracting Parties, the needs of the traffic between the territories of third States on the agreed routes and the territory of the other Contracting Party (e) An additional capacity may be provided in more than that referred to in paragraph (d), each time the requirements of the primary traffic are justified The Contracting Parties shall take into account in the course of these consultations the statistics of the traffic carried out, which 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) Rates will be set at reasonable levels, taking particularly into account the economy of exploitation, a normal gain, the rates proposed by other airlines operating on all or part of the same route and the characteristics of each service, such as speed and comfort conditions b) Rates charged by embarked traffic or disembarked on the scales of a route cannot be lower than the rates for the same traffic applied by the regional or local services of the Contracting Party in the corresponding section 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 French territory mentioned in the plans of this Annex shall be made to the extent possible by agreement between the designated companies of Argentina and France. These companies will proceed: 1. Be applying the resolutions that could have been adopted by the International Air Transport Association (I.A.T.A.) pricing procedures. 2. Be by direct understanding after consulting, to third-country air transport companies 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 rate 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 latter case, the arbitration provided for in the article shall be appealed. 11 of the Agreement. The Contracting Party that has made known its disagreement shall have the right to require the other Contracting Party to maintain the rates that have been in force before, pending that the arbitral award has been rendered or that the provisional measures have been ordered in accordance with the provisions of article. 11 of the Agreement.
VI Where for reasons of economy in the operation different aircraft are used on various sections of the agreed routes and the rupture of cargo is made 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. When a certain capacity is available on the aircraft used between the point of rupture of cargo and the others beyond that point, this capacity may be affected to the way and the return to the international traffic that comes or goes 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 loa paragraphs (d), (e), (f) and (g) of Section IV 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 Aeronautical Authorities of Each Contracting Party may proceed unilaterally to such a modification, but it is always obliged to notify the Aeronautical 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 Authorities of the two Contracting Parties shall communicate 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 shall 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.
July Victorica Roca.- Enrique D. Ferreyra.- G. Bidault.- M.
PLAN A - RUTAS FRANCES
1.- From France via a point of Portugal (Lisboa) or from Spain (Madrid) towards Casablanca-Dakar-Recife-Rio de Janeiro (and optionally San Pablo and Porto Alegre)-Montevideo-Buenos Aires, in the two senses.
2.- From France via a point of Portugal (Lisboa) or from Spain (Madrid) towards Casablanca-Dakar-Recife-Rio de Janeiro (and optionally San Pablo and Porto Alegre)-Montevideo-Buenos Aires and hence via Mendoza to Santiago de Chile, in the two senses.
PLAN B - ARGENTINIAN RUTAS
1.- From Buenos Aires to Rio de Janeiro- Natal (and optionally Recife)-Dakar-Madrid-Paris, in the two senses.
2.- From Buenos Aires to Rio de Janeiro- Natal (and optionally Recife)-Dakar-Madrid-Paris-London and beyond towards Copenhagüue and Stockholm, in the two senses. Paris, January 30, 1948.
Minister: I have the honour to address your excellence by accusing you of receiving your note dated today, whose translation is as follows: Paris, January 30, 1948.- Ambassador: In the course of the negotiations that have concluded with the signing of the Agreement on Regular Air Transport between France and Argentina, held today, the two Delegations reached an agreement on the following points: First.- The airport authorities, as well as the customs, immigration, police and health authorities of the two Contracting Parties shall apply, in the simplest and most expeditious manner, the provisions provided for in Articles III and IV of the Agreement, 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. Second. 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 companies designated by the other Contracting Party, who serve on aircraft affected to the agreed lines, and who are in possession of the briefs and licenses provided for in Article IV.- Third. Where the application of the possibilities permitted in section IV (e) of the Annex may affect the interests of one of the Contracting Parties, the consideration of these possibilities shall be subject to prior consultation between the two Contracting Parties. Fourth. With regard to routes number 2 of Plans A and B, both Contracting Parties shall grant reciprocal trade rights in international traffic beyond their respective territories, when both air-flight companies designated by them are trained to exercise the traffic that is appropriate to each. However, if only the company designated by one of the Contracting Parties is in a position to ensure a service on routes number 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 provided for in those Plans. I have the honour to inform you of your excellence, that the preceding provisions have received full conformity from the French Government. I would like to accept the assurances of my highest consideration.- Georges Bidault. By pointing to your excellence the conformity of the Argentine Government with the terms of the conclusions reached by the negotiating delegations of the Air Agreement, I take this opportunity to testify to the sentiments of my highest consideration. Julio Victorica Roca, to his excellence the Minister of Foreign Affairs of France, Georges Bidault.