Key Benefits:
DECREE NO. 5,076, OF May 11, 2004
Disposes on the execution of the Thirty-ninth Additional Protocol to the Economic Supplementation Agreement No. 35, among the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, in the condition of States Parties to MERCOSUR, and the Republic of Chile, of March 8, 2004.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso IV, of the Constitution, and
Whereas the Treaty of Montevideo of 1980, which created the Latin American Integration Association (ALADI), firmed up by Brazil on August 12, 1980 and approved by the Congress National, by means of the Legislative Decree No. 66 of November 16, 1981, provides for the modality of Economic Supplementation Agreement;
Whereas on June 25, 1996, the Governments of the Federative Republic of the Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, in the condition of States Parties to MERCOSUR, and of the Republic of Chile signed the Economic Supplementation Agreement No. 35, incorporated into the legal planning Brazilian by Decree No 2,075 of November 19, 1996;
Whereas the Plenipotentiaries of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, on the condition of States Parties to MERCOSUR, and the Republic of Chile, on the basis of the 1980 Treaty of Montevideo, signed, on March 8, 2004, in Montevideo, the Thirtieth Ninth Additional Protocol to the Economic Supplementation Agreement No. 35, among the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, in the condition of States Parties to MERCOSUR, and the Republic of Chile;
DECRETA:
Art. 1º The Thirty-ninth Additional Protocol to the Economic Supplementation Agreement No. 35, between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of the Uruguay, in the condition of States Parties to MERCOSUR, and of the Republic of Chile, aped by copy to the present Decree, shall be executed and fulfilled as entirely as in it.
Art. 2º This Decree enters into vigour on the date of its publication.
Brasilia, May 11, 2004; 183º of Independence and 116º of the Republic.
LUIZ INACIO LULA DA SILVA
Celso Luiz Nunes Amorim
The Plenipotentiaries of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, in their condition of States-Part of the Common Market of the South (MERCOSUR) by a Party, and of the Republic of Chile, on the other, accredited by their respective Governments, second powers that were bestowed in good and due form, deposited opportunely at the General Secretariat of the Latin American Integration Association (ALADI).
CONSIDERING The purpose of consolidating the linkages between the countries and promoting and intensifying economic cooperation;
The need to strengthen the process of integration of Latin America to achieve the objectives set out in the Treaty of Montevideo 1980, upon the conclusion of Partial Reach Agreements with views to promote the region's harmonic and balanced economic-social development;
The importance of facilitating the provision of services and sectoral coordination, which will result in the best use of the land communication routes; and
The efficiency in the use of the spectrum, the promotion of facilities for the communication of radio stations belonging to international transport companies by highway and agility in the tramping of the recognition of licences, permits or permits
ARISE IN:
Article 1.-The Parties undertake to the mutual recognition of licences, permits or permits, of compliance with their respective legislations, so that international transport companies by highway, enabled or operating as per the prevailing Convêians, may use radiocommunication equipment in the territory of the Parties, at preestablished frequencies, using simple procedures, with the aim of allowing for the temporary use of the frequencies indicated in the following Article, in addition to the borders of the country of origin of the transporter.
Article 2.-For shared use of the international transport companies by highway from Chile and MERCOSUR will be intended for the following HF frequencies listed below, with their associated technical characteristics:
Carriers Carriers:
3,844.5 kHz
5,067.0 kHz
7,841.0 kHz
13,531.0 kHz
14,978.0
14,978.0 kHz
Issue Types: 2K80J3EJN
Side range: Top
Maximum power: 100 watts
Recognized Operation Zones: Territory of the Republic of Chile, of the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay
The carrier frequencies, as well as their number, will be able to be modified from mutual agreement. For these purposes, the Parties shall take into account the technical parameters established by the SGT N ° 1 "Communications" and by the Resolutions on the subject matter adopted by the MERCOSUR Common Market Group.
Article 3.-Powers to use the frequencies indicated in Article 2, the radiocommunication stations belonging to international transport companies by highway, which count on the authorization of one of the Parties, which shall be heard in accordance with its legislation, and which shall contain, at minimum, the following information:
A) Social Reason
B) Badge of call
C) Frequency of operation
D) Brand, model and serial number or number of certification of telecommunications products
E) Each authorisation heard by some of the Parties, should contain the following sentence: "ENABLED TO OPERATE IN THE TERRITORY OF CHILE AND THE MERCOSUR COUNTRIES"
Article 4.-For the purposes of control and surveillance in the use of the frequencies, in addition to the borders of the country of origin, it will suffice to submit the outward authorization of conformity with the preceding Article, by some of the Parties.
Article 5.-The Parties, by means of their respective competent authorities in the matter, shall implement an appropriate information system to ensure the convenient operation of this Agreement. Within a period of ninety days, the Parties shall exchange the contact information of their respective competent authorities.
Article 6.-The controversies that may arise from the interpretation, defulfillment or application of this Agreement, shall be resolved in the terms of the mechanisms of solution of controversies established under the framework of the Agreement of Economic Complementation No. 35.
Article 7.-This Agreement shall enter into force 30 days after the date on which the General Secretariat of the ALADI communicates to the signatory countries the receipt of the last notification of compliance with the respective legal provisions for its incorporation into internal legal planning.
Any of the Parties will be able to report it upon a written notification to the other Party, effected by diplomatic means, through the General Secretariat of the ALADI, which will be depositary of the same. The General Secretariat of the ALADI shall notify the complaint to the Parties. The rights and obligations contracted by this Agreement shall cease from the ninety (90) days of formalised the denunciation.
The General Secretariat of the Association shall be a depositary of this Protocol, of which it shall send copies duly authenticated to the signatory Governments.
IN FÉ THAN, THE RESPECTIVE PLENIPOTENTIARIES SIGN the present Protocol in the city of Montevideo, at the eight days of the month of March of the year two thousand and four, in an original in the idioms Portuguese and Spanish, being both texts being equally valid. (a.) By the Government of the Argentine Republic: Juan Carlos Olima; By the Government of the Federative Republic of Brazil: Bernardo Pericás Neto; By the Government of the Republic of Paraguay: Bernardino Hugo Saguier Caballero; By the Government of the Eastern Republic of the Uruguay: Agustín Espinosa; By the Government of the Republic of Chile: Héctor Casanueva.
