Bs. As., 20/8/92
VISTO Laws Nos. 17.285 and 19,030, as amended, and Decree No. 2284 of 31 October 1991; and
That Decree No. 2284/91 has initiated a phase of deregulation of the national economy, aimed at eliminating those restrictions that limit competition in markets, prevent the entry of new competitors or hinder the development of domestic or foreign trade.
That the existence of unwarranted interventions or barriers to entry into different markets of goods or services contribute to the increase of structural imbalances in our economy and prevents the decrease in prices or rates as a result of a healthy competition and improves the quality of the goods, while the consumption of a limited number of goods or services with high costs is imposed.
That the air transport market of cargo has not achieved development in line with the needs of the market and is hampered by various regulations that prevent the entry of borrowers and cause lack of adequate satisfaction of the demands.
That the entry of new operators to the market is considered an indispensable element in achieving greater competition, and consequently a decrease in prices and rates and an improvement in the quality of services.
That Article 102 of the Aeronautical Code provides that concessions to provide air transportation services do not imply exclusivity.
That the measures to be taken through the present do not violate the rights acquired by the operators currently providing services, because the concessions or authorizations already granted are not altered or the legal framework in which they constituted their rights is amended.
That Decree No. 1591/89 expressly excluded, for the purpose of the privatization of AEROLINEAS ARGENTINS SOCIEDAD OF THE STATE, the reservation of CINCUENTA BY CIENTO (50 %) of the market of cabotage that Law No. 19,030 reserved for that operator, so it cannot be considered that the entry of new lenders to the market affects the rights that have been transferred to the privatized company.
That the authorizations or concessions are granted through a public hearing procedure, whose processing causes serious inconveniences and great delays to the stakeholders and does not provide the National Civil Service with more effective means of controlling the safety of air transportation.
That as a result, and under the powers granted by Article 102 of the Aeronautical Code, an agile procedure shall be established for the processing of the public hearing, in the case of authorizations or concessions for the internal transport of passengers with large aircraft.
That the Aeronautical Code empowers the NATIONAL EXECUTIVE POWER to exempt from the public hearing regime from the services provided with small aircraft.
That in order to achieve greater speed in the procedural system it is appropriate to establish the above-mentioned exception in general for all cases where authorizations or concessions are to be sought with small aircraft.
That the measures to be taken here do not imply a State ' s abandonment of the exercise of the police, but rather an orientation towards the preservation of the security of the transport and the defence of the rights of the consumer and of commercial loyalty, whose controls are adversely affected when the State devotes all its efforts and resources to the preservation of the economic equation of the lenders.
That the interventions of the National Civil Service in this area should be directed to control over aircraft security, technical control over aircraft, protection of the rights of free competition, commercial loyalty and consumer rights.
That the present decree is issued in the use of the powers granted by Act No. 17.285 and Article 86, Decisions 1 and 2 of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
CHAPTER I - GENERAL PRINCIPLESArticle 1 Artículo ENVIRONMENT OF IMPLEMENTATION - The present Decree shall apply to the airlift of cargo, for regular or non-regular services, carried out with small or large-scale aircraft. Art. 2o o PRINCIPLES These rules shall be governed by the following principles, which shall be taken as interpretative guidelines in the application of Act No. 19.030:
(a) Income to the market of new operators through short and agile administrative procedures, diversification of services and lower rates.
(b) I encourage competition among different operators, protection of commercial loyalty and consumer rights.
(c) Freedom of the operator in pricing and pricing, marketing or sales promotion systems, according to the guidelines set out in the present.
(c) Safeguarding the safety of air transport.
(d) Effective compliance with authorized services.
(e) Limited and efficient interventions by the National Civil Service aimed exclusively at preserving the values set out above.Art. 3o o _ Air transport companies are authorized to use, on their option, any authorized national airport.
In non-regular international services, companies are authorized to use, in their opinion, any authorized international airport.
CHAPTER II - TRANSPORT WITH NETWORKSArt. 4o NETWORKS To the sole effect of the present regime of internal transport of loads, they will be considered aircraft of small porte those whose maximum capacity to take off, granted by certificate of aircraft, do not exceed the TREINTA and OCHO (38) tons. Art. 5o o AUTHORIZATIONS OR CONCESIONS - Authorizations or concessions for internal transport of cargo with small aircraft shall be granted in all cases by means of an exception to the public hearing system, as provided for in Article 102 of Law No. 17.285, which shall be governed exclusively by the following articles. Art. 6o o PREVIOUS COMMUNICATION - The internal transport of cargo with small carrier aircraft shall be subject to the communication requirement prior to the application authority, which shall be issued in accordance with the guidelines and in the following terms. Art. 7o o COMMUNICATION REQUIREMENTS - Aerial operators shall communicate to the implementing authority the benefits they provide, specifying in each case:
(a) Whether it's regular or non-regular services.
(b) Type and characteristics of the aircraft with which the service will be performed, specifying by virtue of which title the possession has.
(c) In the case of regular transportation, the time limit during which it is committed to maintaining the services.
(d) Contracted insurance, which must meet the requirements of the regulation.
(e) Frequencies, if these are regular services, and schedules, specifying the date on which your benefits will begin.
(f) Air routes, departure and destination airports, and planned stops.
(g) The rates for each service, which will be free.
(h) The crew that will equip the aircraft with.Art. 8o o RESOLUTION - The enforcement authority shall, within a time limit that may not exceed TREINTA (30) days from the receipt of the communication, be issued by express resolution on the proposed services, and may make such objections as it deems appropriate, or in its case of denying the concession or authorization, only for the inadequacy of the insurance. Art. 9o o AUTOMATICITY OF AUTHORIZATIONS Once the TREINTA (30) days mentioned in the preceding article have elapsed, without the authority of application having made any objection or pronounced concerning the communication, the person concerned may soon require dispatch. After QUINCE (15) days from the request of soon dispatch without a decision by the authority, the authorization or concession shall be deemed to be granted, in the terms of the request of the operator, who may begin without further processing with the benefits, at the date he has communicated. Art. 10. COMPLEMENTARY INFORMATION - In cases where the information submitted is incomplete, or where the enforcement authority considers it insufficient, the supplementation of the information shall be required, in which case the time limit of TREINTA (30) days from the receipt of the additional information shall be counted.
In addition, the person concerned may make such modifications as he deems appropriate to his initial submission, with the time limit mentioned since the receipt of the modification proposals.Art. 11 MODIFICATION OF SERVICES Any modification in the transport services referred to in the requirements referred to in Article 7 shall be made by prior communication. The prior communication of the person concerned shall produce, from the date of receipt by the implementing authority, the same effects as an express resolution.
CHAPTER III - TRANSPORT WITH GREAT PORTEArt. 12. AERONAVES DE GRAN PORTE - The concessions and authorizations for the operation of air transport services of cargo with large-scale aircraft shall be granted through a public hearing that shall be carried out exclusively in accordance with the rules provided for in the following articles. Art. 13. The provisions of this chapter shall also apply to concessions and authorizations for international services. Art. 14. The enforcement authority shall convene a public hearing at most CINCO (5) days after the submission of the application, by publishing the relevant data, by DOS (2) consecutive days, in the Official Gazette and in large-circuit newspapers, if the enforcement authority considers it appropriate. Art. 15. The hearing will be held within the VEINTE (20) days after the last publication of the notices, debending the authority of application of the present dictate the administrative act within the QUINCE (15) days after the end of the hearing. Art. 16. Oppositions, both written and oral, upon the request of the public hearing, shall be appropriated upon deposit of a sum of money that shall set the authority to whom the order is made, and shall be proportional to the economic interest of the order. Art. 17. ADMINISTRATIVE SILENCE After the QUINCE (15) days specified in Article 15 of the present without the decision of the administrative body, the person concerned may request an office soon. If the authority is not issued within the term of QUINCE (15) days, the request for exploitation shall be agreed upon, and the person concerned may initiate without further processing the provision of the services requested under the conditions in which the request has been filed.
CHAPTER IV - GENERAL PROVISIONSArt. 18. SECRETARIAT OF TRANSPORT OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS shall be the authority to implement this decree and may dictate the relevant interpretative or regulatory rules, without prejudice to the powers granted to the AEREA ARGENTINA FORCE in matters falling within its competence.
Include the Secretary of Transport of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to delegate the powers granted by the present to officials of not less than the Assistant Secretary-General.Art. 19. All pending files requesting permits or authorizations for the internal transport of passengers with small aircraft, or the total or partial modification of those already in place, shall be considered as preliminary submissions, with the effects indicated in the present, unless otherwise expressed by the parties concerned.
Processes requesting new permits or authorizations for the internal transport of cargo with large aircraft, or the modification of existing aircraft, shall be framed, in the state in which they are found, within the procedures set forth in Chapter III of the present, or may be declared expiry, for the purpose of the rebooting of the procedure under this regime.Art. 20. Destroy the Nros Decrees. 1883/77, 289/81 and its regulatory resolutions, Decree No. 3144/84 and Articles 12, 22 and 23 of annex I to Decree No. 326/82. Art. 21. This Decree shall enter into force from its publication in the Official Gazette. Art. 22. Communicate, publish, give to the National Directorate of the Official Register, and archvese. . MENEM. . Domingo F. Cavallo.