1 Decree N ° 509 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-referred to in article 102 of the Constitution of the Republic,: which ensures economic liberty, in what does not object to the social interest, and that the State will encourage and protect private initiative, within the conditions needed to increase national wealth and to ensure the benefits of this to the greatest number of inhabitants of the country.
II.-that the 1944 Chicago Convention, of which our country is Subscriber, establishes that it is under the authority of the States, to grant to any other State, the rights of first, second, third, fourth and fifth freedom of the air and their combinations.
III. that by means of the Legislative Decree No. 582, of 18 October of 2001, published in Diario official No. 198, volume no. 353, 19 date of that month and year, approved the organic law of Civil Aviation.
IV.-that the sector of air transport worldwide, in recent years has evolved, in the part related to the commercial opening of the skies of countries, through the signing of bilateral or multilateral agreements, thereby, increase the number of frequencies of flights of different airlines operating in different countries, as well as the participation of more operators with this, improved competitiveness in the provision of such service.
V.-that the situation before, demand for the modernization of the relevant regulatory bodies, in order to adapt our legislation to that of the majority of countries, placing us at the forefront in the provision of air transport services, which in turn, becomes necessary, the issue of reforms to the law referred to in recital III of the present Legislative Decree.
Therefore, use of his constitutional powers and on the initiative of members: Dina Yamileth Argueta Avelar, José Dennis Córdova Elizondo, Adam Cortez, José Rinaldo Garzona Villeda, José Wilfredo Guevara Díaz, Guillermo Antonio Olivo Méndez, Lorenzo Rivas Echeverría, Sonia Margarita Rodríguez Sigüenza, Mario Alberto Tenorio Guerrero, and with the support of members: Alberto Armando Romero Rodríguez, Francisco Roberto Lorenzana Duran , Roberto José d'Aubuisson Munguia, Lorraine Guadalupe Pena Mendoza, Carmen Elena Calderón de Escalón, Irma Lourdes Vasquez Palacios, Margarita Escobar, Reynaldo Antonio López Cardoza, Felix Agreda Chachagua, Ernesto Antonio Angulo Milla, Lucia del Carmen Ayala de León, Marta Evelyn Batres, Susy Lisseth Bonilla Flores, Manuel Orlando Cabrera Candray, Yohalmo Edmundo Cabrera Chacón, Silvia Alejandrina Castro Figueroa, Norma Cristina Cornejo Amaya, Carlos Cortez Hernandez White, 2 Noemi Coto Estrada, rose Alma Cruz sailor, Nery Arely Diaz de Rivera, Nidia Diaz, Antonio Echeverria Veliz, René Gustavo Escalante Zelaya, Jose Edgar Escolán Batarse, Julio César Fabian Perez, Santiago Flores Alfaro, Vicente Gómez Hernández, Iris Marisol war Henríquez, José Augusto Hernandez Gonzalez, Edilberto Hernandez Castillo, Estela Yanet Hernandez Rodriguez, Benito Antonio Lara Fernández, Kleutgens Audelia Guadalupe Lopez , Mario Marroquin Mejia, Rodolfo Antonio Martínez, Guillermo Francisco Mata Bennett, Manuel Vicente Menjívar Esquivel, Heidy Carolina Mira Saravia, Mr. Orestes Fredesmán Ortez Andrade, Mariela Pena Pinto, Manuel Mercedes Portillo Dominguez, Sergio benign Portillo Portillo, Nelson de Jesus Quintanilla, Norma Carolina Ramírez, Ismael Recinos Lopez, Carlos Armando Reyes Ramos, Jackeline Noemi Rivera Avalos, David Rodriguez Rivera, Patricia Maria Salazar of Rosales, Enrique Alberto Valdes Soto , Jaime Gilberto Valdez Hernandez, Patricia Elena Valdivieso Gallardo, Ramon Aristides Valencia Arana, Eugenio Donato Vaquerano Rivas and Edwin Victor Alejandro Zamora David.
DECREES the following: reforms to the law organic DE aviation CIVIL article 1.-reforming article 3 within the meaning of incorporate two general concepts in their alphabetical order, in the following manner: "open skies: is the State policy that aims to liberalize the air transport markets, reducing government intervention in services of passenger, freight and combined" flights to regular, non-scheduled, subject to the principle of reciprocity real and effective, under the terms agreed upon in bilateral or multilateral agreements concluded by El Salvador with other States."" "REAL and effective RECIPROCITY principle: is the condition to operate in a country, which imposed a State to a foreign air carrier, or to another State, to grant rights equivalent to the operators of air transport."
Article 2.-reforming the paragraph 2 of article 7, as well: 2. "formulate and implement open skies policy, based on the principle of real and effective reciprocity established in article 3 of this law."
Article 3.-reforming the paragraph 5 of article 10 follows: 5. "Possess and demonstrate knowledge and capacity in matters related to their responsibilities or possess a university degree, in addition, for the director proposed by foreign knowledge in aeronautical law and on air transport."
Article 4.-Reforming paragraph 5 of article 13, as well: 5. "possess knowledge, skills, domain and the necessary experience in the field of civil aviation and air transport and that have a license of aeronautical technical staff, in any technical area of the same, or possess a college degree."
3 article 5.-reform article 22, as well: "rates and freight airlines article 22.-fixing rates and freight in air transport in the activities of commercial Civil Aviation, passengers, cargo and mail, both national and international, shall be carried out freely by the companies operators of airlift, according to the market conditions.
Air transport operators, shall register their rates and freight rates in the AAC, and they must describe clearly and explicitly restrictions which are subject and time, that they will remain in effect; as well as the respective conditions offered. Restrictions and conditions should be the knowledge of users, at the time of hiring the service.
For reasons of national interest or public need for the State, the AAC, you can fix, temporarily rates minimum and maximum for the domestic and international air transportation, and therefore must apply for opinion to the Superintendency of competition, responsible for promoting, protecting and ensuring competition, which will be binding; but, in any case, the Superintendency of competition, shall be obliged to give the requested opinion. This intervention be justified in consideration of the distortions in the market, and its transitory nature remain while there are such distortions. The methodology for the establishment of maximum and minimum rates should be, consider the analysis of domestic and international air transportation services, which have similar technical and operational characteristics. Maximum, and minimum rates must be approved by the CDAC based on the technical report of the executive director, and the same shall be published by the AAC, previously at the beginning of its entry into force.
The AAC, is empowered to regulate aspects on matter of rates which are not referred to in international agreements, and for the determination of the minimum and maximum rates, as well as for the exercise of a transparency of it, the operators of air transport, must submit to the AAC, the information, that this estimate from and is related to the development of their activities , both technical, commercial, legal, statistical, as economically and financially.
The fixing of the minimum and maximum rates and the AAC intervention, must be regulated."
Article 6.-reforming the literal to) Article 74 in the following way: "when not given real and effective reciprocity, according to the provisions of article 89 of this law;"
Article 7.-reforming the Art. 76, thus: "article 76.-domestic air companies and foreign, must be kept, during the term of the permit of operation, bail granted by a financial institution operating in our country, in favour of the Civil Aviation Authority, the amount of which shall be established by the Superintendent of trade, according to the volume of their investment commitments." This deposit will be used to guarantee the rights of the users and suppliers of services of the airline companies.
The set amount, should be revised and updated by the Superintendent, whenever the airline, request the renewal of its licence. "
4 Article 8.-reforming the heading of article 80, and its fourth paragraph, thus: "Flights special not regular of CHARTERING or flights CHARTER" "However, when these flights originate in the national territory and they intend to make, between points connected by regular air transport companies, permissions will be granted following evaluation of the Civil Aviation Authority, for which" ", this authority, will make the evaluation or respective investigation, within which shall be relevant to the Superintendency of competition, whose opinion should be issued within a maximum period of 3 days from the acknowledgement of receipt of such request and consultation which shall be binding on the AAC."
Article 9.-modified the heading of article 89 and add a final paragraph as well: 'Policy heavens opened in the transport air international' "the State will implement the open skies policy, as set out in article 3 of this law, which will be awarded first, second, third, fourth and fifth freedom of the air, and their combinations, on the basis of the principle of reciprocity real and effective," ", and the provisions of the conventions and international treaties signed by El Salvador with other States."
Article 10.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador on the tenth day of the month of October in the year two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
5 IRMA LOURDES VASQUEZ PALACIOS, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, in the fifth day of the month of November in the year two thousand thirteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Gerson Martínez, Minister of public works, transport and housing and urban development.
D. o. No. 210 volume no. 401 date: November 11, 2013 JQ/ielp 04-12-2013 legislative index