Key Benefits:
944 OF 2005
(February 17)
Official Journal No. 45.826 of 18 February 2005
By means of which the "Agreement on cross-border air transport between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in Lima on 11 June 2003, is approved.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the Agreement on Transboundary Air Transport between the Government of the Republic of Colombia and the Government of the Republic of Peru, signed in Lima on 11 June 2003, which has been signed says:
(To be transcribed: photocopy of the full text of the international instrument mentioned).
BILL NUMBER 207 OF 2004 SENATE
by means of which the "Agreement on cross-border air transport between the Government of the Republic of Colombia and the Government of the Republic of Peru"is approved, signed in Lima on 11 June 2003.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Agreement on cross-border air transport between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in Lima on 11 June 2003.
(To be transcribed: photocopy of the full text of the international instrument mentioned).
" AGREEMENT ON CROSS-BORDER AIR TRANSPORT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF PERU
The Governments of the Republic of Colombia and the Republic of Peru, with the aim of implementing various measures that contribute to the process of integration between our peoples;
Taking into account the interest of the inhabitants of Leticia, Iquitos and the other cities and towns in the Colombian-Peruvian border area to be expressed through the Neighbourhood and Integration Commission;
Committed to strengthening integration between Colombia and Peru as a shared goal for the benefit of both nations;
Convinced that the adoption of measures for the development and promotion of tourism, commercial and cultural exchange between Leticia and Iquitos will favor the development and well-being of these cities;
Considering the provisions of the Customs Cooperation Convention of 1938 and the progress made to date in the Andean integration process;
After the respective consultations between the aeronautical authorities of the two countries were held on 22 and 23 March 2001 in Lima and on 25 and 26 February 2002 in Bogota;
agree to subscribe for the present:
AGREEMENT ON CROSS-BORDER AIR TRANSPORT BETWEEN COLOMBIA AND PERU
OF THE APPLICATION SCOPE AND ITS NATURE.
ARTICLE 1o. For the purposes of this Agreement, it is understood as cross-border air transport that is carried out between airports or aerodromes of the cities of the Border Region that the Parties enable for such an effect.
ARTICLE 2o. This agreement regulates cross-border air transport, from and to the following airports and aerodromes: Leticia in Colombia; Iquitos, Pucallpa and El Strait, in Peru; and others Parties decide to incorporate later.
ARTICLE 3o. The air transport of passengers, cargo and mail that is carried out pursuant to this Agreement, may be carried out on scheduled and non-regular flights.
ARTICLE 4. For the purposes of this Agreement, air passenger, cargo, and mail fares shall be regulated by the national legislation of each Party.
Likewise, airport charges, air navigation services, landing and take-off rights (or aerodrome rights) and parking for cross-border air transport will be equal to domestic ones.
ARTICLE 5o. In the cross-border air transport of aircraft, crews will observe the air navigation rules in force in each country. To this end, both Parties shall carry out the necessary incorns in their respective aeronautical information publications (AIP).
With the aim of promoting cooperation and mutual cooperation in the border region, in technical aspects and aviation operations, the aviation authorities of the two countries will be able to develop specific agreements in the field of aviation. search and rescue, accident investigation and aviation incidents, among others, with a view to having coordinated and unified procedures in these matters.
OF PRIVATE-USE AIRCRAFT.
ARTICLE 6o. AIRCRAFT FOR PRIVATE USE MAY NOT CARRY PASSENGERS OR CARGO FOR COMMERCIAL PURPOSES. Such aircraft are not beneficiaries of the scheme provided for in this Agreement. However, as appropriate, they shall be subject to what the parties have in the area of search, rescue and investigation of accidents or incidents of aviation.
OF COMMERCIAL AIRCRAFT.
ARTICLE 7o. The cross-border air transport service, to be carried out between airports and aerodromes enabled in the Border Region, shall be carried out by one or more national companies designated by the Parts.
ARTICLE 8. The authorization for the cross-border transit of aircraft shall be granted by the competent national authorities of the two Parties.
ARTICLE 9o. The provision of the air services of companies in the Border Region shall be governed for the purposes of tariffs, schedules and itineraries by the procedures in force in each Party.
ARTICLE 10. The authorities of both Parties shall, as appropriate, facilitate the coordination of activities, publicity dissemination and the exchange of information for the performance of air operations between airports and aerodromes enabled in the Border Region.
ARTICLE 11. The transportation of baggage, cargo, and postal and courier shipments in the Border Region will be supplemented by national legislation.
ARTICLE 12. Commercial air carriers will be able to maintain at airports and airport-enabled airports, a deposit for parts and spare parts for their aircraft, which will enter free of customs duties and other taxes, provided that they are not internalized in the country and that they remain under customs control, in accordance with the provisions of the Chicago Convention on International Civil Aviation.
ARTICLE 13. Companies authorized for the cross-border transit of aircraft may be supplied with fuel and provided with necessary lubricants, at national airports and aerodromes enabled by the other Party.
For the Colombian case, the prices of lubricants and fuels will be the object of direct negotiation between the respective distributor and the companies concerned.
OF GENERAL PROVISIONS.
ARTICLE 14. The entry and exit control of persons, goods and courier embarked on aircraft shall be carried out by the competent national authorities at airports or aerodromes enabled for conduct cross-border air transport.
Facilitation: Both Parties agree to implement the necessary mechanisms to optimize the facilitation procedures at airports and aerodromes enabled in this Agreement for cross-border air service, without prejudice to the applicable safety standards.
ARTICLE 15. Without any exception, passengers on cross-border flights will be exempt from any tax on the country's departure.
ARTICLE 16. The required documentation and technical aspects of air navigation shall be governed by the international standards in force for the Parties.
ARTICLE 17. For the purpose of carrying out services provided for in this Agreement each Party shall designate the air carriers for the operation of scheduled flights of cross-border air transport and shall communicate it directly, in writing, to the other Party. Subject to compliance with the requirements laid down in national rules, the authorities shall process the respective requests within the shortest time possible without exceeding 30 days.
With regard to non-regular cross-border flights, the aeronautical authorities of the countries will confirm the authorisations for the performance of the same, and subject to compliance with the requirements laid down in the rules, automatically authorize.
ARTICLE 18. Consultations on the interpretation or execution of this Agreement shall be cleared between the Parties through the Ministries of Foreign Affairs.
PERFECTING, MODIFYING, AND EFFECTIVE.
ARTICLE 19. The modifications to this agreement shall be submitted by official diplomatic channels and shall be made by mutual agreement between the Parties, formalized by exchange of letters.
ARTICLE 20. This agreement will have an indefinite duration and its entry into force will be formalized once the parties have communicated through the diplomatic way the fulfillment of the internal procedures. corresponding.
Signed in the city of Lima, at eleven days of the month of June 2003, in two copies in Spanish language of the same tenor and value.
By the Government of the Republic of Colombia,
CAROLINA BOAT,
Minister of Foreign Affairs of Colombia.
By the Government of the Republic of Peru,
ALLAN WAGNER TIZON,
Minister of Foreign Affairs of Peru. "
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., August 20, 2003
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(FDO.) CAROLINA BOAT ISAKSON.
DECRETA:
ARTICLE 1o. Approve the "Agreement on cross-border air transport between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in Lima on 11 June 2003.
ARTICLE 2o. Pursuant to Article 1 of Law 7ª of 1944, the " Agreement on cross-border air transport between the Government of the Republic of Colombia and the Government of the Republic of Colombia Peru ", signed in Lima on June 11, 2003, which, by the first article of this law, is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Transport.
CAROLINA BOAT ISAKSON,
Foreign Minister;
ANDRES URIEL GALLEGO HENAO,
Transport Minister.
REASON EXPOSURE
Honorable Senators and Representatives:
On behalf of the National Government and in compliance with articles 150 numeral 16 and 189 numeral 2 of the Political Constitution of Colombia, We present to the honorable Congress of the Republic the bill through which the "Agreement on cross-border air transport between the Government of the Republic of Colombia and the Government of the Republic of Peru" is approved, signed in Lima on June 11 (11), two thousand three.
Preliminary consideration
Taking into account the Meetings of Consultation between Colombian-Peruvian Aeronautical Authorities of March 2001 in Lima, and Bogota in February 2002, as well as the interests of the inhabitants of the cities of Leticia and Iquitos and the others Cities and towns in the border area of the two countries, transmitted through the Commission on Neighborhood and Integration, the Colombian aeronautical authority, has led to the establishment of preferential schemes in the area of air transport, and even, it has taken administrative measures that facilitate the development of transport commercial air between the cities of Leticia and Iquitos. Actions that have been developed in harmony with the guidelines outlined by the National Government on border integration.
In accordance with the above, the governments of Colombia and Peru, in order to continue to strengthen the ties of friendship and cooperation that have traditionally characterized the relations between the two nations and highlighting the importance of Integrating their border areas to complement and boost the economy of the populations located in these areas and promote their development, they considered it necessary to adopt and subscribe to an instrument that would allow the achievement of these objectives. It was as well as on 11 June 2003, on the occasion of the official visit that the Minister of Foreign Affairs will make to Peru, they signed the agreement that we present today to their consideration.
Analysis and importance of the convention
This Agreement seeks to stimulate the development of new air transport services by the airlines of Colombia and Peru in the common border areas, where communication is of vital importance for its inhabitants. It also allows for the strengthening of tourism, trade and the integration of the border areas of the two countries.
Additionally, the precise agreement responds to the progress made so far in the Andean integration process, where emphasis is placed on the States of the Andean Community of promoting agreements that support growth. economic, commercial and cultural of the populations located in the border areas.
The Agreement consists of a preamble, five chapters and 20 articles. The preamble states the reasons why the Governments of Colombia and Peru subscribe to this Agreement.
As for your articulate, those of greatest relevance are:
Article 2o that includes airports and aerodromes where the cross-border air transport service will be provided, such as, Leticia in Colombia; Iquitos, Pucallpa and El Strait, in Peru, which promote the development and well-being of these cities. It also provides for the possibility of later incorporating other points of the common border of the two countries, to which the implementation of the Agreement will be extended, which will result in the strengthening of cross-border integration. colombo-peruana.
Articles 4o and 15 grant special conditions for promoting air transport services between border areas, such as, granting them services (a) national airport charges, charges for the use of aeronautical infrastructure, which are reflected in air transport fares with the criterion of domestic flights.
By article 6o , the private use of the profits derived from the Agreement will be exonerated, however, they will be beneficiaries of what the parties have in terms of search, rescue and investigation. of accidents or incidents of aviation.
Article 10 provides for the authorities of the Parties to facilitate the coordination of activities, publicity dissemination and the exchange of information for the performance of air operations between airports and aerodromes enabled in the border region.
Another aspect worth noting is the provisions of Article 12, which enshrines the entry of authorized airports and airports in the border region, free of customs duties and other taxes, to the parts, parts or parts of aircraft, provided that they do not go beyond that region and remain under customs control, in accordance with the provisions of the Chicago Convention on International Civil Aviation.
For its part, article 15 provides for the exemption of the country's exit tax, which is undoubtedly indispensable because it would not be logical to tax the natural displacement of the inhabitants of the country with this tax. the border, which encourages them to make use of this means of transport and to increase and improve the conditions of the delivery of the service.
Articles 7o and 17must also be referenced, where the first establishes the multiple designation, allowing free access to the market, to the airlines (a) the Commission shall, in accordance with Article 1 (2) of the Treaty on European Union, provide for the granting of an authorisation for the granting of the operating permits requested by the airlines and the authorisations for non-scheduled flights, which shall ensure a broad framework and flexible for the provision of air transport services in the border region.
In the same way, this Agreement includes clauses and final provisions related to the improvement, modifications and validity of this Agreement, establishing for example, for the necessary modifications, as the exchange of diplomatic notes, which will in any case facilitate the provision of air services in the border area and access to those services by its inhabitants.
Finally, we should mention that the Agreement conforms to the characteristics and conditions of cross-border air transport and constitutes the answer to the concerns and needs of the populations of our border with Peru, for which the National Government, through the Minister of Foreign Affairs and the Minister of Transport, requests the honorable Congress of the Republic, to approve the " Agreement on cross-border air transport between the Government of the Republic of Colombia and the Government of the Republic of Peru, " signed in Lima on 11 June (11) A thousand three.
Of the honorable Congressmen,
Carolina Barco Isakson, Minister of Foreign Affairs; Andres Uriel Gallego Henao, Minister of Transport.
ACT 424 OF 1998
(January 13)
By which we order the follow-up to the international agreements
signed by Colombia.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Senate Foreign Relations Committees, and within the first thirty calendar days After the legislative period beginning every July 20, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.
ARTICLE 2o. Each dependency of the national government responsible for implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign Affairs and East, to the Commissions Seconds.
ARTICLE 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.
ARTICLE 4. This law governs from its enactment.
The President of the honorable Senate of the Republic.
AMILKAR ACOSTA MEDINA.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
CARLOS SQUIRLA BALLESTEROS.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
COLOMBIA-NATIONAL GOVERNMENT
Publish and execute.
Dada en Santa Fe de Bogota, D. C., on January 13, 1998.
ERNESTO SAMPER PIZANO
The Minister of Relations Exte riores,
MARIA EMMA MEJIA VELEZ.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., February 20, 2003
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(FDO.) CAROLINA BOAT ISAKSON.
DECRETA:
ARTICLE 1o. Approve the "Aagreement on cross-border air transport between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in Lima on 11 September. June 2003.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Agreement on cross-border air transport between the Government of the Republic of Colombia and the Government of the Republic of Colombia Peru ", signed in Lima on June 11, 2003, which, by the first article of this law, is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
LUIS HUMBERTO GOMEZ GALLO.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
CORRALES JATTIN ZULEMA.
The Secretary General of the honorable House of Representatives,
ANGE LINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on February 17, 2005.
ALVARO URIBE VELEZ
The Foreign Minister,
CAROLINA BOAT ISAKSON.
The Minister of Transport,
ANDRES URIEL GALLEGO HENAO.
