AIR NAVIGATION
Law 27161
Argentine Air Navigation Company. Creation.
Sanctioned: July 15, 2015
Enacted: July 29, 2015
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Law:
ARTICLE 1- The provision of air navigation services in and from the territory of the Republic of Argentina constitute an essential public service in the terms of Article 24 of Law 25,877.
ARTICLE 2- The public air navigation service comprises:
a. Air Traffic Management (ATM), including Air Traffic Services (ATS).
b. The Air Traffic Afluence Management (ATFM) and the Air Space Management (ASM).
c. Aeronautical Information Services (AIS).
d. The Aeronautical Communications Service (COM).
e. The System of Communications, Navigation and Surveillance (CNS).
f. The Search and Rescue Service (SAR) and
g. The Weather Service for Air Navigation (MET).
ARTICLE 3- For the purposes of this Law, it is understood by:
a) Air Traffic Service: Generic expression that applies, as the case may be, to flight information services, alert, air traffic advice and air traffic control (area control, approach control or control services). (aerodrome).
(b) Air Traffic Control Service: Service provided for the purpose of preventing collisions between aircraft; and in the area of manoeuvres, between aircraft and obstacles, and to accelerate and maintain orderly the movement of air traffic.
c) Area Control Service: Air traffic control service for controlled flights in the control areas.
d) Approximation Control Service: Air traffic control service for the arrival and departure of controlled flights.
(e) Aerodrome Control Service: Air traffic control service for the aerodrome transit.
(f) Flight Information Service: a Service whose purpose is to advise and provide useful information for the safe and effective performance of flights.
(g) Alert Service: Service provided to notify relevant bodies of aircraft in need of search and rescue assistance, and to assist such bodies as appropriate.
(h) Air Traffic Advice Service: Service provided in the airspace with advice so that, as far as possible, the proper separation of aircraft operating according to IFR flight plans is maintained.
i) Aeronautical Information Service (AIS): Service established within the area of defined coverage to provide the information and aeronautical data necessary for the operational security, regularity and efficiency of the navigation air.
(j) ARO: Office for the notification of air traffic services.
k) Aeronautical Communications Service (COM): Telecommunications service for any aeronautical purpose.
l) Communications, Navigation and Surveillance System (CNS): Communications: Service responsible for disseminating all aeronautical, meteorological and air safety information among ground stations. Navigation: those dependencies/facilities and services that provide to aircraft positioning and temporary information. Surveillance: those dependencies/facilities and services used to determine the respective positions of the aircraft in order to allow for safe separation.
(m) Air Traffic Management (ATM): Dynamic and integrated administration-safe, economic and efficient-of air traffic and airspace, including air traffic services, airspace management and the management of air traffic air traffic, by providing facilities and services without discontinuities in collaboration with all stakeholders and on board and ground-based functions.
(n) Air Traffic Yield Management (ATFM): A service established to contribute to a safe, orderly and expeditious circulation of air traffic, ensuring that the ATC capacity is used to the maximum possible, and that the volume of transit is compatible with the capabilities declared by the competent ATS authority.
o) Air Space Management (ASM): The process by which the options of organization and other alternatives are selected and applied in terms of the provision of services to satisfy the needs of the users of the airspace in an optimal way.
p) Operational Security Management System: A systematic approach to operational security management, including the organizational structure, lines of responsibility, policies and procedures required.
q) Search and Rescue Service (SAR): Performance of the functions of supervision, communication, coordination, search and rescue, initial medical assistance or medical evacuation in a situation of danger, through the use of resources public and private, including aircraft, vessels and other vessels and facilities that collaborate in operations.
r) Weather Service for Air Navigation (MET): Speciality of the meteorology that deals with the study of this in relation to the aviation or in general with the aeronautics.
s) Auxiliary Services to Air Navigation: Those who are not part of the Air Navigation Services (ANS) are necessary to ensure the safety and regularity of the air operations, such as the Aeronautical Health Service; Fire Extinguishing Service, Aeronautical Infrastructure, and any other that serve exclusively for such purposes.
ARTICLE 4 °- The activity deployed in the framework of the Public Air Navigation Service should ensure the safety, regularity and efficiency of the air navigation, respecting the operational safety parameters established or to be established by the System National of the Operational Security Management of the Civil Aviation of the Argentine State.
It should also promote technological innovation, train and facilitate the training and professionalization of personnel according to international standards, ensure environmental commitment, ensure the representation of the aeronautical community, manage effectively and efficiently, establish a system of operational security management as established or established by the National System of Operational Security Management of the Civil Aviation of the Argentine State, create and to comply with a business plan that balances operational security and the respect for workers ' rights, achieve leadership in the region, achieve self-financing, and reinvest in this activity the profits that are obtained.
ARTICLE 5- The Public Service of Air Navigation is developed in the territory of the Argentine Republic, its jurisdictional waters, the airspace that covers them and the extraterritorial air spaces, when by international conventions it is agreed that These spaces are under the jurisdiction of the Argentine Republic.
ARTICLE 6- Create the Argentine Air Navigation Company of the State (EANA S.E.), in the orbit of the Ministry of the Interior and Transport, subject to the regime established by law 20,705, relevant provisions of the Law of Commercial Societies 19.550 (t.o. 1984) and its amendments which are applicable to it and to the rules of its Staff Regulations, which are intended to provide the Public Service of Air Navigation, in accordance with the scope provided for in Article 2 of this Law, with the exception of air navigation services provided by the Ministry of Defence in the aerodromes which for reasons of national defence are set out in Annex I of this Law.
ARTICLE 7- The Argentine Company of Air Navigation Company of the State (EANA S.E.) is integrated by the Ministry of the Interior and Transport and the Ministry of Defense.
ARTICLE 8- It is delegated to the Ministry of the Interior and Transport and the Ministry of Defense, or to the official to whom they appoint, the exercise of the social rights that correspond to the national state for its participation in the equity capital of the Argentine Company of Air Navigation of the State (EANA S.E.).
ARTICLE 9- The Ministry of the Interior and Transport must approve within ten (10) days running, from the entry into force of this law, the Constitutive Act and the Societarium Statute of the Argentine Company of Air Navigation Society of the State (EANA S.E.).
ARTICLE 10.- The General Staff of the Government of the Nation is responsible for the protocolization of the Constitutive Act and the Societary Statute referred to in the preceding article, as well as for any action that may be necessary to raise public writing.
ARTICLE 11- The Ministry of the Interior and Transport and the Ministry of Defense are empowered to sign the corresponding public writings, jointly and to subscribe and integrate the social capital with faculties to carry out all those acts that necessary for the constitution and implementation of the society.
ARTICLE 12. -Disapply the respective registration to the General Inspection of Justice and other relevant Public Records, to which the publication of the approval of the Constitutive Act and the Statutes of the Society in the Bulletin should be considered. Official of the Argentine Republic to the provisions of article 10 of the Law of Commercial Societies 19.550 (t.o. 1984) and its modifications.
ARTICLE 13.- The Ministry of the Interior and Transport must supervise the development of the Argentine Company of the Air Navigation Company of the State (EANA S.E.).
ARTICLE 14.- The Argentine Company of Air Navigation Company of the State (EANA S.E.) is entitled to the provision of the services included in the article 2 ° of this law to third States.
ARTICLE 15.- The National Weather Service (SMN) must provide the Weather Service for Air Navigation (MET) to the Argentine Company of Air Navigation of the State (EANA S.E.), and must sign the agreements corresponding to this purpose.
The National Weather Service (SMN) must comply with the quality standards that the National Civil Aviation Administration (ANAC), in its role of aeronautical authority, should establish.
ARTICLE 16.- Once constituted, the Argentine Air Navigation Company of the State (EANA S.E.) is transferred to the functions of operational control of the provision of the Public Service of Air Navigation and the coordination and supervision of the action of the air control, with their respective powers, positions, staff and budget appropriations, as well as the administration of the assets concerned to their use, with the exception of those inherent in the public aerodromes set out in the Annex I of this law.
ARTICLE 17.- The Argentine Company of Air Navigation Company of the State (EANA S.E.) governs the relations with its personnel by the Contract of Labor Regime established in Law 20.744 (t.o. 1976) and its modifications and the Collective Labor Conventions that have been concluded or are to be held in the future with the representative associations of their staff.
ARTICLE 18.- The transferred staff maintain labour, economic and social security rights. For the purposes of calculating the age of the same, account shall be taken of the years of service provided in national, provincial, municipal and public bodies, including the services provided by the honourable Member, duly certified.
The Argentine Company of Air Navigation Company of the State (EANA S.E.) guarantees employment to all workers who, from the beginning of their activities to the date of application of the present, perform functions in the services indicated in Article 2 ° and become part of the same. Likewise, the staff referred to in this article are guaranteed the prohibition of direct dismissal without cause, by the Argentine Company of the Air Navigation Society of the State (EANA S.E.).
For the event of the dissolution of the Argentine Company of the Air Navigation Company of the State (EANA S.E.), the workers may choose to remain in the field where the air navigation services continue to be provided or to be reincorporated to the National Public Administration. In this case, the workers who request their reinstatement must be relocated to the National Public Administration under the regulatory conditions established.
ARTICLE 19.- From the sanction of this law, the General Directorate of Air Traffic Control dependent on the Argentine Air Force, goes from relying on the Ministry of Defense's Ministry of Military Affairs Strategy, under the name of National Directorate of Air Traffic Control.
ARTICLE 20.- The Chief of the Cabinet of Ministers must approve the payroll of the agents that are transferred to the Argentine Company of Air Navigation State Society (EANA S.E.).
ARTICLE 21.- In the field of the Argentine Company of the Air Navigation Company of the State (EANA S.E.), an Advisory Council is constituted of two (2) representatives of each of the associations of workers and of the associations registered, representative of the sector and recognized by the Ministry of Labour, Employment and Social Security, with members within the Company; with four (4) representatives of industry and four (4) representatives of the Community Academic and Scientific, all of course recognized. The Council is involved in the handling of the technical issues proposed by the Board. The Council's opinions should be considered by the Board for the adoption of all decisions which have justified the Council's intervention. The Assembly should regulate its operation and the appointment of representatives.
ARTICLE 22.- The following resources are transferred to the Argentine Air Navigation Company of the State (EANA S.E.):
(a) The rights set out in Article 1 (b) of Law 13,041 and its statutory decrees and any tax which may be linked to the provision of the services listed in Article 2 of this Law.
(b) Budget items allocated by law.
(c) Funds which come from services provided to third parties or administrative fees.
d) Donations, non-reimbursable contributions, legacies received and accepted.
(e) The interests and benefits resulting from the management of own funds and assets.
(f) All claims or rights that the national State has to pay for taxes linked to the services listed in Article 2 of this Law.
(g) Any revenue not provided for in the preceding points, arising from the management of the company.
The National Administration of Civil Aviation (ANAC), by means of letters agreement, must provide the Company of Air Navigation of the State (EANA S.E.) with all necessary information to perceive any of the revenues and rights established in this law. The Company must make the necessary agreements with the Ministry of Defense in order to transfer the proceeds of application of Law 13,041 and its regulatory decrees, by virtue of the provision of the services provided by the Ministry of Defense. Annex I to this Act.
ARTICLE 23.- The Argentine Company of Air Navigation Company of the State (EANA S.E.) is governed by the rules and principles of private law, so it does not apply the provisions of the Law of Administrative Procedures 19,549 and its modifications, of the Conditions of Employment of the National Administration established by Decree 1,023 dated August 13, 2001 and its amendments, of the Public Works Act 13,064 and its amendments and in general, rules or principles of law administrative, without prejudice to the checks which may be applicable under the rule of the Law on Administration Financial and the National Public Sector Control Systems 24,156 and its modifications.
ARTICLE 24.- In its character of aeronautical authority the National Administration of Civil Aviation (ANAC) continues to exercise the regulation, supervision and supervision of the benefits transferred to the Argentine Company of Air Navigation State Society (EANA S.E.), in accordance with national and international standards issued by the International Civil Aviation Organization (ICAO).
The National Directorate of Air Traffic Control and the Argentine Air Navigation Company of the State (EANA S.E.), as a service provider, plan and work together, all concerning the organization of the spaces air traffic, air traffic flow management, air traffic services and aeronautical information, for further elevation to the National Civil Aviation Administration (ANAC), which oversees, publishes and distributes national and internationally.
The National Administration of Civil Aviation (ANAC) and the Argentine Company of Air Navigation of the State (EANA S.E.) guarantee to the National Directorate of Air Traffic Control the mechanisms for its operational and technical personnel, be properly trained and permanently enabled in accordance with existing national and international regulations.
The National Administration of Civil Aviation (ANAC) provides the Auxiliary Services to the Air Navigation and guarantees the offer of professional and technical training to the workers of the Argentine Company of Air Navigation State Society (EANA S.E.) and the National Directorate of Air Traffic Control.
ARTICLE 25.- The Ministry of the Interior and Transport is empowered to issue the complementary and clarifying rules that are relevant to the implementation of this law.
ARTICLE 26.- The Chief of the Cabinet of Ministers should be empowered to make the budgetary changes necessary to comply with the provisions of this Law.
ARTICLE 27.- The Ministry of the Interior and Transport and the Ministry of Defense in the field of their respective competences are the Enforcement Authorities of this law.
ARTICLE 28.- Create in the area of the Subsecretariat of Transport Aerocommercial, dependent of the Ministry of Transport of the Ministry of the Interior and Transport, the Executive Unit of Transfer, which is responsible for the elaboration of the general program of transfer to the company and the corresponding timetable for its implementation.
The Implementing Unit of Transfer culminates its task after the transfer to the Argentine Company of Air Navigation of the State (EANA S.E.) of the functions of operational control of the provision of the Public Service of Navigation Air and coordination and supervision of air control actions with their respective powers, positions, staff and budget appropriations, as well as the administration of the assets affected to their use, with the exception of the inherent to the public aerodromes set out in Annex I to this Act.
The Airport Transport Secretariat under the Transport Secretariat of the Ministry of the Interior and Transport must determine the composition of the Transfer Executive Unit.
ARTICLE 29.- The Implementing Unit of Transfer must elaborate and timely raise the Chief of Cabinet of Ministers the list of the staff to transfer to the Argentine Company of Air Navigation State Society (EANA S.E.) in the framework of the Article 20 of this Law. For these purposes, the provisions of Article 11 and concordant of the Annex to the Framework Law for the Regulation of National Public Employment 25.164 are applicable. The transfer of personnel becomes dependent on the new society, while retaining its conditions of employment and its level of scale until its pigeonings take place within the society.
ARTICLE 30.- The provisions of this law enter into force on the day following that of their publication in the Official Gazette of the Argentine Republic.
ARTICLE 31.- Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE FIFTEENTH DAY OF JULY OF THE YEAR TWO THOUSAND FIFTEEN.
-REGISTERED UNDER NO 27161-
BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese.
ANNEX I
They shall remain under the jurisdiction of the MINISTRY OF DEFENCE:
(a) the provision of Air Traffic Management (ATM), Air Traffic Afluence Management (ATFM) and the functions inherent in the air traffic services (ARO) and aeronautical information service (AIS) reporting offices; the following aerodromes:
1. Tandil Aerodrome
2. Aerodrome of "El Palomar".
3. Reconquista Aerodrome
4. Villa Reynolds Aerodrome
5. Moreno Aerodrome
6. Rio Cuarto Aerodrome
7. Aeródromo de Termas de Río Hondo
8. Gallegos River Aerodrome
9. Old Sauce Aerodrome
b) DOS (2) positions for military personnel in all Area Control Centers (CRAs) in the country, for the purpose of their training and continuous enabling in air traffic control (ATC) and in defense related tasks.
(c) The following means for the provision of the services set out in the preceding points:
1. The VEINTIDES (22) Argentine Mono-pulse Radars (RSMA) manufactured and installed by INVAP S.E.
2. The CNS equipment supporting air traffic services in the aerodromes referred to in point (a) of this Annex I (ground-to-ground and air-to-ground communications, broadcasting, radio-navigation, aeronautical messaging, and any other equipment for supporting such services at the aerodrome (s) concerned.
