Argentina's Air Navigation Company. Creation.

Original Language Title: Empresa Argentina de Navegación Aérea. Creación.

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/11490151/20160703

Aviation air navigation law 27161 Argentina air navigation company. Creation. Adopted: 15 July 2015 promulgated: July 29, 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1 - the provision of the air navigation services into and from the territory of the Republic of Argentina, constitute an essential public service, under the terms of article 24 of the law 25.877.
Article 2 ° - the public service of air navigation includes: a. the management of air traffic (ATM), including the services of air transit (ATS). b. the flow management air traffic (ATFM) and air space management (ASM). c. information services (AIS) aeronautics. d. service of aeronautical communications (COM). e. the system of communications, navigation and surveillance (CNS). f. the service's search and rescue (SAR) and g. The Meteorological Service for air navigation (MET).
Article 3 ° - for the purposes of this Act, means: to) air traffic services: generic expression that applies, according to the case, flight information services, alerts, advice from air traffic control and air traffic control (control area, approach control or aerodrome control services). b) air traffic Control service: service provided for the purpose of preventing collisions between aircraft; and in the manoeuvring area, between aircraft and obstacles, and accelerate and maintain an orderly movement of air traffic. (c) Area Control service: service of air traffic control for flights in control areas. (d) approach Control service: service of the air traffic control for the arrival and departure of controlled flights. e) aerodrome Control service: service for the transit of the aerodrome air traffic control. f) flight information service: service whose purpose is to advise and provide information useful for the safe and effective realization of flights. (g) alerting service: service supplied to notify agencies regarding aircraft needing help in search and rescue, and auxiliary to such bodies as appropriate https://www.boletinoficial.gob.ar/pdf/linkQR/OVErVVpscXA3TGhycmZ0RFhoUThyQT09. (h) air traffic advisory service: service provided in the airspace with advice so that, as far as possible, keep the due separation between aircraft operating under IFR flight plans. i) aeronautical information service (AIS): service established within the coverage area defined responsible for providing information and aeronautical data necessary for the safety, regularity and efficiency of air navigation. j) ring: air traffic services reporting Office. (k) service of aeronautical communications (COM): telecommunications service that is given for any aviation purpose. (l) system of communications, navigation and surveillance (CNS): communications: service responsible for disseminating all the aeronautical information, weather and aviation safety between ground stations. Navigation: units/installations and services that provide aircraft positioning and temporary information. Surveillance: units/installations and services used to determine the respective positions of aircraft to allow safe separation. (m) management of air traffic (ATM): management dynamic and integrated - safe, economical and efficient - air traffic and airspace, which includes services of air traffic control, airspace management, and the management of influence of air traffic, through the provision of facilities and services without discontinuities in collaboration with all stakeholders and on-board functions and land-based. n) management of influx of the transit air (ATFM): service established for the purpose of contributing to a movement that is safe, orderly and expeditious air traffic, ensuring it to be used as much as possible the ATC capacity, and that the traffic volume is compatible with the capacities declared by the appropriate ATS authority. (o) management of the air space (ASM): process by which are selected and applied organization options and other alternatives in terms of the provision of services to optimally meet the needs of airspace users. p) operational safety management system: systematic approach to the management of the operational safety, which includes the organizational structure, lines of responsibility, policy and procedures. (q) search and rescue (SAR) service: performance of the functions of supervision, communication, coordination, search and rescue, initial medical assistance or medical evacuation in a situation of danger, using public and private resources, including aircraft, ships and other vessels and facilities that assist in the operations. r) meteorological service for air navigation (MET): specialising in meteorology that deals with the study of this in relation to aviation or in general with aeronautics. (s) the air navigation auxiliary services: those that no part of the air navigation services (ANS) are needed to ensure the safety and regularity of air operations, such as health service of Aeronautics; Fire extinction service, aviation infrastructure, and any other that serves exclusively for these purposes.
Article 4 ° - the activity within the framework of the public service of air navigation must ensure the safety, regularity, and efficiency of air navigation, respecting operational security parameters established or to be established by the national system for the management of operational security of the Civil Aviation of the Argentine State. Also, you must promote technological innovation, train and facilitate training and https://www.boletinoficial.gob.ar/pdf/linkQR/OVErVVpscXA3TGhycmZ0RFhoUThyQT09 professionalization of personnel in accordance with international standards, ensure the environmental commitment, ensure the representation of the Aeronautics community, manage effectively and efficiently, establishing a safety management system in accordance or to be established by the national system of management of the safety operational readiness of the aviation Civil of the Argentine State create and implement a business plan that balances the operational safety and respect for the rights of workers, achieve a leadership in the region, achieve self-financing and reinvest in this activity earnings obtained.
Article 5 ° - the public service of air navigation is developed in the territory of the Republic of Argentina, their territorial waters, airspace covering them and the offshore airspace, when international conventions agreed that these spaces are under the jurisdiction of the Republic Argentina.
Article 6 ° - create the company Argentina air navigation company of the State (EANA H.E.), into the orbit of the Ministry of the Interior and transportation, subject to the regime established by the law 20.705, relevant provisions of the law of commercial societies 19.550 (t.o. 1984) and any modifications that may be applicable to you and to the rules of its Statute, which aims at the provision of the public service of air navigation in accordance with the scope provided for in article 2 of this law, with the exception of the air navigation services provided by the Ministry of defence at the aerodromes that for reasons of national defence set out in annex I of this law.
Article 7 ° - La company Argentina air navigation company of the State (EANA S.E.) is integrated by the Ministry of the Interior and transport and the Ministry of defence.
Article 8 - is delegated in the Ministry of the Interior and transport and the Ministry of defence, or in the official whom they designate, the exercise of corporate rights that correspond to the national State for his participation in the equity capital of the company Argentina air navigation company of the State (EANA S.E.).
Article 9 - the Ministry of the Interior and transport should be adopted within a period of ten (10) consecutive days from the entry into force of this law, the Charter and the corporate status of the company Argentina air navigation company of the State (EANA S.E.).
ARTICLE 10. -The General notary of the Government of the nation is responsible for the notarization of the Constitutive Act of the corporate law statute referred to in the preceding article and any action whatever necessary raise public deed.
ARTICLE 11. -The Ministry of the Interior and transport and the Ministry of defence are entitled to sign the corresponding public deeds, in jointly and subscribe and integrate social capital with powers to perform all acts that are necessary for the establishment and implementation underway society.

ARTICLE 12. -Provide the respective registration with the General Inspectorate of Justice and other relevant public records, to which end assimilate the publication of the resolution approving the Constitutive Act and the statutes of the company in the official bulletin of the Argentina Republic to the provisions of article 10 of the law of commercial societies 19.550 (t.o. 1984) and its amendments.
https://www.boletinoficial.gob.ar/pdf/linkQR/OVErVVpscXA3TGhycmZ0RFhoUThyQT09 article 13. -The Ministry of the Interior and transportation should monitor the development of the Argentina company air navigation company of the State (EANA S.E.).
ARTICLE 14. -The company Argentina air navigation company of the State (EANA S.E.) is entitled to the provision of the services covered by article 2 of this law to third States.
ARTICLE 15. -The national weather service (SMN) should be paid the Meteorological Service for air navigation (MET) to the Argentina company air navigation company of the State (EANA H.E.), and must sign the conventions concerned for that purpose. The national meteorological service (SMN) must comply with quality standards that appropriately set the national administration of Civil Aviation (ANAC), as the aeronautical authority.
ARTICLE 16. -Once constituted, are transferred to the company Argentina air navigation company of the State (EANA S.E.) functions of operational control of the provision of the public service of air navigation and the coordination and supervision of the actions of the air traffic control, with their respective duties, charges, staff and budget appropriations, as well as the administration of the assets affected to use , with the exception of the inherent public aerodromes which are set out in annex I of this law.
ARTICLE 17. -The company Argentina air navigation company of the State (EANA S.E.) governs relations with his staff for the work contract regime established in law 20.744 (t.o. 1976) and its modifications and the collective labour agreements which have been concluded or are held in the future with the associations representing its staff.
ARTICLE 18. -Transferred staff maintains the labour, economic and social security rights. For the purposes of the computation of the antiquity of the same, you will have in mind the years of services in agencies of the national, provincial, municipal government and agencies or public bodies, including pro bono services, duly certified. Company Argentina air navigation company of the State (EANA S.E.) guarantee employment to all workers who, since the beginning of its activities until the date of application of this, play roles in the services listed in article 2 ° and spend part of it. Likewise, guarantees the personnel referred to in the present article the prohibition of direct dismissal without cause, by the Argentina company air navigation company of the State (EANA S.E.). For the course of result in the dissolution of the company Argentina air navigation company of the State (EANA H.E.), employees may choose to remain in the area where air navigation services continue to provide either be reinstated to the national public administration. In such a case workers who request their reinstatement should be relocated in the national public administration in the regulatory conditions to be established.
ARTICLE 19. -Starting from the passage of this law, the direction General of air traffic Control dependent on the Argentina air force, goes from depending upon the Secretariat's strategy of military affairs of the Ministry of defence, under the name of Directorate of air traffic Control.
https://www.boletinoficial.gob.ar/pdf/linkQR/OVErVVpscXA3TGhycmZ0RFhoUThyQT09 article 20. -The Chief of the Cabinet of Ministers must approve the list of agents that are transferred to the company Argentina air navigation company of the State (EANA S.E.).
ARTICLE 21. -In the field of the company Argentina air navigation company of the State (EANA H.E.), constitutes an Advisory Council composed of two (2) representatives from each of the associations of workers and trade union organizations registered, representing the sector and recognized by the Ministry of labour, employment and Social Security, with affiliates within the society; with four (4) representatives of the industry and four (4) representatives of the academic and scientific community all of recognized trajectory. The Council is involved in the treatment of the technical questions that propose you the directory. The opinions of the Council should be considered by the Board of Directors, for the adoption of all decisions which have justified the intervention of the Council. The Assembly must regulate its operation and the designation of the representatives.
ARTICLE 22. (- Are transferred to the company Argentina air navigation company of the State (EANA S.E.) the following resources: a) the rights set out in article 1, paragraph b) of 13.041 law and its regulatory decrees and any tribute that could be linked to the provision of the services listed in article 2 of this law. (b) budget allocations assigned by law. (c) the funds that come from services rendered to third parties or administrative charges. (d) grants, contributions non-repayable, legacies that receives and accepts. (e) interests and benefits resulting from the management of assets and own funds. (f) all those claims or rights that had outstanding national State for taxes related to the services listed in article 2 of this law. (g) all income not provided for in the preceding subparagraphs, of the management of the company. The national administration of Civil Aviation (ANAC), through letters of agreement, should be provided the navigation air society of State Enterprise (EANA H.E.) information necessary to receive any revenues and rights set forth in this law. Society must make the necessary agreements with the Ministry of defence in order to transfer the funds raised by the law enforcement 13.041 and its regulatory decrees, pursuant to the provision of the services that it provides laid down in annex I of this law.
ARTICLE 23. -The company Argentina air navigation company of the State (EANA S.E.) is governed by the rules and principles of private law, making it not apply provisions of 19.549 administrative procedures Act and its amendments, of the procurement regime of the established by the decree dated 13 August 2001 1.023 national administration and its amending in general, rules, or principles of administrative law, without prejudice to controls that are applicable for rule of law and financial administration of the systems of Control of the Sector public national 24.156 and its modifications and the law of public works 13.064 and its modifications.
ARTICLE 24. -In the role of authority aeronautical national administration of Civil Aviation (ANAC) continues to enjoy the regulation, supervision and control of the benefits transferred to the Argentina company air navigation company of the State (EANA H.E.), in accordance with the national and the international standards issued by the Organization of International Civil Aviation (ICAO) https://www.boletinoficial.gob.ar/pdf/linkQR/OVErVVpscXA3TGhycmZ0RFhoUThyQT09. The National Directorate of air traffic Control and the Argentina company navigation air company of the State (EANA H.E.), as service providers, plan and elaborated jointly, all matters concerning the Organization of the airspace, the influx of air traffic management services of air traffic control and aeronautical information, for its subsequent elevation to the national administration of Civil Aviation (ANAC) that oversees them, publishes and distributes nationally and internationally. The national administration of Civil Aviation (ANAC) and the Argentina company air navigation company of the State (EANA S.E.) guarantee to the national air traffic Control mechanisms so their operational and technical staff can be trained properly and be permanently enabled in accordance with national and international regulations in force. The national administration of Civil Aviation (ANAC) provides the auxiliary services to air navigation and ensures the provision of vocational and technical training to workers of the company Argentina air navigation company of the State (H.E. EANA) and the National Directorate of air traffic Control.
ARTICLE 25. -The Ministry of the Interior and transport is empowered to enact complementary and explanatory rules that are relevant for the implementation of this law.
ARTICLE 26. -Authorize the Chief of Cabinet of Ministers to make budget changes which would be required to comply with the regulated in this law.
ARTICLE 27. -The Ministry of the Interior and transport and the Ministry of defence in the field of their respective competencies are the authorities of application of this law.

ARTICLE 28. -Created in the area of the Undersecretary of commercial air transport, the Secretary of transportation of the Ministry of the Interior and transportation, the executing unit of transfer, which is responsible for the development of the overall program of transfer to the company and the corresponding timetable for execution of the same. The executing unit of transfer culminates its task once the transfer to the company Argentina air navigation company of the State (EANA S.E.) functions of operational control of the provision of the public service of air navigation and coordination and supervision of the actions of the air with their respective duties, charges, personnel and budgetary control, as well as the administration of the assets affected to use , with the exception of the inherent public aerodromes which are set out in annex I of this law. The Undersecretary of commercial air transportation under the Secretary of transportation of the Ministry of the Interior and transportation should determine the composition of the executing unit of transfer.
ARTICLE 29. -The executing unit of transfer must develop and promptly raise the head of Cabinet of Ministers list of staff to transfer to the company Argentina air navigation company of the State (EANA S.E.) within the framework of the provisions of article 20 of this law. For these purposes, be applied as provided for in article 11 and concordant to the annex to the framework law of regulation of employment public national 25.164. Staff that is transferred happens to depend on the new society, retaining their conditions of employment and their hierarchical level until there is his typecasting in the society.
ARTICLE 30. -The provisions of this Act come into force the day following of its publication in the official bulletin of the Republic Argentina https://www.boletinoficial.gob.ar/pdf/linkQR/OVErVVpscXA3TGhycmZ0RFhoUThyQT09.
ARTICLE 31. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, ON THE FIFTEENTH DAY OF THE MONTH OF JULY IN THE YEAR TWO THOUSAND AND FIFTEEN.
-REGISTERED UNDER NO. 27161 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese.
Annex I remain under the jurisdiction of the Ministry of defence: a) the provision of the management of air traffic (ATM), the management of inflow of air transit (ATFM) and functions inherent to offices of report of air traffic (ring) and information services (AIS) aeronautics, at the following aerodromes: 1. Tandil aerodrome, 2. "El Palomar" aerodrome. 3 4 Reconquista aerodrome. Villa 5 Reynolds aerodrome. 6 Moreno aerodrome. Rio Cuarto aerodrome 7. Aerodrome of Termas de Río Hondo 8. 9 Galician river aerodrome. Sauce Viejo b aerodrome) two (2) positions for staff military in all centres of the country Areas Control (ACC), for the purpose of their training and continuous qualification (ATC) air traffic control and defense-related tasks. (c) the following means for the provision of the services set forth in the previous paragraphs: 1. twenty-two (22) radars secondary Monopulse Argentine (RSMA) manufactured and installed by INVAP S.E. 2 CNS equipment that supports air traffic services at the aerodromes set out in subsection a) of the present annex I (communications ground and air-to-surface, broadcasting, radio navigation, messaging aeronautics, and any other equipment support to such services at aerodromes concerned).

Date of publication: 30/07/2015 https://www.boletinoficial.gob.ar/pdf/linkQR/OVErVVpscXA3TGhycmZ0RFhoUThyQT09