Bs. As., 2/2/96
VISTO Expediente No. 5.337.938 (FAA), which was reported by the Chief of Staff of the Air Force, as proposed by the Minister of Defence, and
That Article 76 of Law 17.285 (Aeronautical Code) determines that persons performing aeronautical functions on board Argentinean tuition aircraft, as well as those performing on the surface, must possess the certification of their suitability issued by the aeronautical authority.
The same article states that the denomination of certificates of suitability, the powers conferred upon them and the requirements necessary for their obtaining, shall be determined by the respective regulations.
That Article 77 of the above-mentioned Code states that the resupply or validation of certificates of aeronautical suitability issued by foreign States . in cases where there are no agreements will be granted in accordance with the conditions established by the relevant regulations and subject to the principle of reciprocity.
That by Decree No. 1954 of 8 July 1977, as amended by Decree No. 1900 of 28 July 1983, the legal regulations mentioned were regulated, and the certificates of aeronautical suitability in licence were clarified.
That, in addition, Decree No. 1954 of 8 July 1977 has provided that the aeronautical authority shall determine the powers conferring the certificates of aeronautical suitability to its holders (Article 3); the particular requirements for its acquisition (Article 4) and the special qualifications and certificates of competence which it is appropriate to issue and regulate its award (Articles 2 and 7), to which effect shall dictate the details.
That, therefore, the then Commander-in-Chief of the Air Force adopted the "Regulation of Licences, Habilitations and Certificates of Competence of Civil Aviation Functions" through Resolution No. 37 of February 2, 1978.
That attentive to the prolonged time elapsed, it is necessary and appropriate to adapt the legal order mentioned as well as the "Regulation of Psychophysiological Enablings for Civil Aviation Functions" which was approved by Resolution No. 379 of August 18, 1971, taking into account the development of aeronautical technology and the experience gained both in national and international order.
That under Article 75, paragraph 22, of the NATIONAL CONSTITUTION, which confers upon the treaties hierarchy superior to the laws, it is appropriate to harmonize the domestic legal order in order to comply with the international recommended rules and methods internacionales"Licences to the staff" contenidos contained in Annex I (Octave edition - July 1988 and applicable since 16 November 1989) to the Convention on International Civil Aviation (Chicago, 19110).
That, also, the aforementioned regulations, once updated, will facilitate the conclusion of international agreements in the field and the validation of foreign aeronautical documents in our country as well as enable Argentine aeronautical personnel to meet argentino under equivalent conditions. the requirements that other States require.
That, therefore, it is essential to have legal instruments that reflect the international innovations adopted and those that regulate air activity in relation to those who perform aeronautical functions.
That in accordance with Article 18, Subparagraph 22 of the Law on Ministries det.o. 1992 es is attribution of the MINISTERY OF DEFENSA to understand in the registration, empowerment, control and technical direction of acts and activities related to air navigation
That the decision to adopt is based on the powers granted by Articles 76 and 77 of Law 17.285 and Article 13 of the Law of Ministries ,t.o. 1992,, and on the attribution that the NATIONAL EXECUTIVE PODER has to regulate the laws of the Nation, conferred by Decisions 1 and 2 of Article 99 of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 . Please refer to the MINISTERY OF DEFENSA so that through the General MAJOR STATE of the AEREA FORCE dictate the regulations of licenses, certificates of competence and authorizations of the aeronautical personnel, and their subsequent modifications or supplements, in accordance with Decrees No. 1954 of 8 July 1977 and No. 1900 of 28 July 1983. Art. 2o EL THE MINISTERY OF DEFENSA ESTESTADO MAYOR GENERAL OF THE AEREA FORCE . in the terms and with the scopes provided for in the .t.o. 1992 FU Law will be the Authority to apply this decree and those quoted in the previous article. Art. 3o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Eduardo Bauzá. . Oscar H. Camilión. . José A. Caro Figueroa.