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Law 13.921
ADOPTION OF THE AGREEMENT OF THE ARGENTIN REPUBLIC AND THE UNITED KINGDOM ON AEREAL SERVICES.
BUENOS AIRES, Aug 3, 1950
The Senate and the Chamber of Deputies of the Argentine Nation,
in Congress, etc.
_
Article 1.- Approve the agreement between the Government of the Argentine Republic and the Government of the United Kingdom on air services between their respective territories, which was signed in Buenos Aires on 17 May 1946.
Art. 2.- Contact the Executive.
RAMELLA - CAMPORA - Reales - González.
Approval of the agreement between the Government of the Argentine Republic and the Government of the United Kingdom on air services between their respective territories signed in Buenos Aires on 17 May 1946.
ARTICLE 1 In accordance with the principle of mutual and equal reciprocity, each Contracting Party grants to the other the rights specified in the Annex to this Agreement with the purpose of establishing the air services here described (hereinafter referred to as "agreed services".
ARTICLE 2(1) The agreed services may be opened immediately or at a later date, on the option of the Contracting Party to whom the rights have been agreed, but not before: (a) The Contracting Party to whom the rights have been agreed has designated a line or airline for the specified route or routes and (b) The Contracting Party that agrees to the rights has given the corresponding permission to operate the respective airline or airline (which, subject to paragraph 2 of this Article and Article 6, shall be done without delay). The rights agreed by one of the Contracting Parties to the other Contracting Party shall not be transferred, in whole or in part, and shall not imply the conception of any monopoly. (2) Each designated airline may be requested to satisfy the aeronautical authorities of the Contracting Party that grants the rights in the sense that it is trained to comply with the conditions prescribed by the laws and regulations normally applied by these authorities to commercial airline operations.
ARTICLE 3(1) The charges that any Contracting Party imposes or may impose on the airline or airlines designated by the other Contracting Party for the use of airports and other facilities shall not exceed those that pay for the use of such airports and facilities national or other foreign airlines dedicated to similar international air services. (2) To the fuel, lubricant oils and spare parts introduced in the territory of a Contracting Party, or taken on board an aircraft in the same territory, on the part or on account of the designated airline or airlines of the other Contracting Party and intended solely for the use of aircraft of such line or airline, shall be accorded to them, with respect to the rights of Customs, inspection rates and other favourable cargoes imposed, by the first Party not Each Contracting Party may require the other that the above-mentioned elements that receive preferential treatment with respect to customs charges are kept in specified premises, subject to the supervision and inspection of the customs authorities. (3) The aircraft of a Contracting Party used in the agreed services and fuel supplies, lubricating oils, spare parts, standard equipment and pantry of aircraft stored on board such aircraft shall be exempt from the territory of the other Contracting Party of customs duties, inspection rates and similar rights or charges (even if such supplies are used by such aircraft on flights in that territory). Each Contracting Party may require the designated airlines or airlines of the other Contracting Party that, without affecting their availability, such materials are subject to the supervision and inspection of the customs authorities.
ARTICLE 4(1) Certificates of aerial navigability, certificates of competence and licences granted or valid by one of the Contracting Parties that belong to aircraft or persons of British or Argentine nationality and still in force shall, subject to what is said below, be recognized as valid by the other Contracting Party, with a view to the realization of the agreed services. However, each Contracting Party reserves the right to refuse to recognize, in relation to activities in its territory, the certificates of competence and licences agreed upon to its own nationals by another State.
ARTICLE 5(1) The laws and regulations of a Contracting Party relating to the entry or departure of its territory of aircraft used in international aircraft, or to the operation and navigation of such aircraft while within its territory, shall apply to aircraft of the designated line or airline of the other Contracting Party. (2) The laws and regulations of a Contracting Party relating to a foreign line or airline that perform services from or to the territory of that Contracting Party, as well as the entry, stay and departure of its territory of aircraft, passengers, cargo or crew of aircraft (such as regulations relating to the entry, customs clearance, immigration, passports, customs and quarantine rights) shall also apply to the passengers, crew or cargo of the aircraft
ARTICLE 6 Each Contracting Party reserves the right to deny or revoke the exercise of the rights specified in the Annex to this Agreement by an airline designated by the other Contracting Party, in any case in which it is not convinced that the actual property and the effective control of that airline belong to nationals of each Contracting Party, or in the case of non-compliance by that agreed airline of the laws and regulations to the above.
ARTICLE 7 If any Contracting Party considers it appropriate to modify the conditions of the Annex to this Agreement, it may request a consultation between the aeronautical authorities of the two Contracting Parties. Such consultation should be started within a period of sixty days from the date of the order. When such authorities agree to amendments to the Annex, such modifications shall enter into force when confirmed by a Exchange of Notes by diplomatic means, which shall be done immediately.
ARTICLE 8(1) If a multilateral air convention that is accepted by both Contracting Parties enters into force, this Agreement shall be amended to conform to the provisions of that Convention. (2) Each Contracting Party is free to conclude bilateral or multilateral agreements with another State or State (including agreements with a State or States that give greater advantages to aircraft of such State or States that are granted by this Agreement and its Annex), always understood, that with them the rights granted by this Agreement and its Annex to the other Contracting Party are not infringed.
ARTICLE 9 For the purposes of this Agreement and its Annex: 1) The term "Aeronautical authorities" shall mean, in the case of the United Kingdom, the Minister of Civil Aviation, or any person or entity authorized to perform any of its functions and in the case of the Argentine Republic, the Secretary of Aeronautics, or any person or entity authorized to perform any of its functions. (2) The term "designated airline", means the air transport company that the aeronautical authorities of one of the Contracting Parties have notified in writing the aeronautical authorities of the other Contracting Party which is the airline designated by it in accordance with Article 2 of this Agreement for the routes specified in that notification.
(3) The term "territory" shall mean the land surfaces and territorial waters adjacent to them, under the sovereignty, dominion, protection or mandate of the respective State. (4) The term "air service" shall mean any regular air service performed by aircraft, for the public transport of passengers, correspondence and cargo. (5) The term "international air service" will mean an air service that passes through airspace over the territory of more than one State. 6) The term "airline" will mean any air carrier that offers or performs an international air service. 7) The term "uncommercial landing" or "technical landing" means a landing for any purpose other than taking or downloading passengers, cargo or correspondence.
8) The expression "traffic offer" will mean the volume of passenger traffic available between the two extreme points of a route calculated at a given time. 9) The term "capacity", in relation to an aircraft, will mean the available commercial load of that aircraft between the point of origin and the point of destination of the service. 10) The term "capacity", in relation to a service, will mean the capacity of the aircraft used in such service, multiplied by the frequency with which such aircraft operate over a given period and route.
ARTICLE 10 This Agreement shall, except as agreed in Article 11, last ten years from the date of signature of the Agreement, and may be extended by mutual consent of the Contracting Parties. Such an extension shall be effected through a Exchange of Notes by diplomatic means, at least one hundred and eighty days before the expiration of this Agreement.
ARTICLE 11 Any Contracting Party may at any time notify the other party wishing to terminate this Agreement. If such notification is made, this Agreement shall terminate twelve months after the date of receipt of the notification by the other Contracting Party, unless the notification of termination is withdrawn by mutual agreement prior to the expiration of that period.
ARTICLE 12 This Agreement shall enter into force provisionally on the date of signature and definitively as soon as it has been ratified by both Contracting Parties. Instruments of ratification will be changed in London as soon as possible.
ARTICLE 13 The Contracting Parties undertake to bring their good offices to the Governments of the countries located along the routes specified in the Plans of the Annex to this Agreement, with a view to ensuring the full and effective implementation of this Agreement.
In testimony to which, the designated plenipotentiaries subscribe to this Agreement and stamp on it their stamp. Given in Buenos Aires, at the seventeenth day of the month of May, of the year thousand nine hundred forty and six, by duplicate, in the English and Spanish languages, being both equally authentic texts - Juan L. Cooke.- Bartolomé de la Colina.- A. N. Noble.
Annex B: Annex to the agreement between the Government of the Argentine Republic and the Government of the United Kingdom on air services between their respective territories signed in Buenos Aires on May 17, 1946.TRIBUTS.
1. For the purposes of the operation of air services on the route or routes specified in the Plans of this Annex, the designated airlines of one of the Contracting Parties, in the territory of the other Contracting Party, the use in that route or routes, of the designated airports for international air services, together with the auxiliary facilities and traffic rights, of landing for non-commercial purposes, and of entry and departure for international traffic The service capacity provided will be maintained in close connection with the supply of traffic. The frequencies with which the designated airlines of the Contracting Parties operate to provide this capacity will be agreed between them and take into account the available commercial load of the aircraft used. If the designated airlines of the Contracting Parties could not agree, the matter shall be referred to the aeronautical authorities of the Contracting Parties. The designated airline or airlines of both Contracting Parties shall submit to the aeronautical authorities of both Contracting Parties all details relating to services, including frequencies and types of aircraft, which they have mutually agreed to operate (b) There will be an equal and equal opportunity for the designated airlines of the two Contracting Parties to operate on the routes specified in the Plans of this Annex (c) The services provided by an airline designated under this Agreement and its Annex and agreed in accordance with subparagraph (a) above will retain as their main objective the provision of adequate capacity to the planned traffic supply between the Argentine Republic and the United Kingdom. The right to embark, or disembark, on such services, international traffic for or from third countries, at a point or point of the routes specified in the Plans of this Annex, shall be exercised in accordance with the interests of the local or regional airlines of the Contracting Parties operating on the same route, as well as the requirements of operations of the direct airline between the Argentine Republic and the United Kingdom.
(d) In order to provide facilities for the transport of the supply of traffic between the territory of one of the Contracting Parties and the country of final destination of such traffic, it may be established as it deems necessary that Contracting Party, from the territory of that Contracting Party, via the territory of the other Contracting Party, one or more extensions, indicated in the Plans of this Annex, of the international air routes between the territories of the two Contracting Parties, as indicated in the plans. The capacity provided between the territory of the first Contracting Party and the final destination point of the traffic, via the territory of the other Contracting Party, shall agree with the principle that the capacity provided must be maintained in close connection with the supply of traffic, and the rights of non-commercial transit and landing shall be agreed with respect to them by the other Contracting Party within its territory. In addition, the designated airline or airlines of the first Contracting Party shall have the right, in the territory of the other Contracting Party, to ship or disembark passengers, cargo and correspondence destined to the point or points located on the extension of the route or routes or from the same, in accordance with the following requirement: The capacity that can be supplied for the transport of such traffic shall be discussed and agreed between the designated air lines of the operation. At the end of the interim period, which shall be six months, and thereafter in time, the capacity that may be available for the transport of traffic in the above-mentioned category, shall be reconsidered between the designated airlines of the two Contracting Parties in the light of the experience. In the event of disagreement, the matter shall be submitted to the aeronautical authorities of the Contracting Parties.
2. The rates to be applied for the transport of passengers and cargo by the designated airlines of both Contracting Parties shall be agreed first among them, in consultations with the other airlines operating on the same routes or any section thereof. Any such agreed rate shall be subject to approval by the Contracting Parties. In the event of disagreement between the airlines, the matter shall be considered by the aeronautical authorities of the Contracting Parties.
3. The rates to be agreed in accordance with paragraph 2 above shall be set at reasonable levels, with due attention being paid to all relevant factors, including economic exploitation, reasonable benefit, differences in service characteristics (including rates of speed and comforts) and fees charged to any other line or airlines on the route.
4. If any Contracting Party grants any other airline rights more favorable than those agreed in this Agreement and its Annex to the designated airline or airlines of the Other Contracting Party, the Contracting Party concerned shall immediately grant the designated airline or airlines of the other Contracting Party, rights no less favourable than those granted to the airline in question. This provision is without prejudice to the provisions of Article 8, paragraph 2, of the Agreement.
PLAN I
1. London (or other airports, or airports of the United Kingdom, designated for international air services, as appropriate in time between the aviation authorities of the Contracting Parties) via Lisbon or any other point in the Iberian Peninsula and/or other intermediate points to Buenos Aires (or other airports or airports in Argentina designated for international air services that are agreed) in both directions. The UK ' s designated airline or airline will be free to extend to Uruguay the services that operate in Buenos Aires, and to operate such a prolongation in both directions, but the transport of international traffic between Buenos Aires and Uruguay will be limited to the capacity that is available between Uruguay and Buenos Aires, if the service was carried out from the United Kingdom via Uruguay to Buenos Aires in both directions.
2. London (or other airports or airports in the United Kingdom designated for international air services that are agreed) via Lisbon or any other point in the Iberian Peninsula and/or other intermediate points in Brazil and/or Paraguay to Santiago de Chile, either directly on Argentine territory or via an airport or airports designated in Argentina, without carrying out two points of Argentine territory in both directions.
PLAN II
1. Buenos Aires (or another airport or airports in Argentina designated for international air services that are agreed) via one or more intermediate points including Bathurst, if desired, and Lisbon or any other point in the Iberian Peninsula and/or a point in France to London (or another airport or airports in the United Kingdom designated for international air services that are agreed) in both directions. The designated airline or airline of the Argentine Republic will not be authorized to carry out Bathurst and London.
