Agreement between the Kingdom of Spain and the Republic of El Salvador on air transport

• Coming into Force: 10 March 1997
• Citation: UNTS v. 2023 (p.341)
• Date of Conclusion: 10 March 1997
• Registration Date: 24 July 1998
• Registration Number: 34927
• Subject Terms: Aviation,Transport
• Type of Document: Bilateral
• Participants: El Salvador,España
• Party Submitting the Application for Registration: Spain

No.

34927

Spain

and

El

Salvador

Agreement

between

the

Kingdom

of

Spain

and

the

Republic

of

El

Salvador

on

air

transport

(with

annex).

Madrid,

10

March

1997

Entry

into

force:

provisionally

on

10

March

1997

by

signature

and

definitively

on

23

January

1998

by

notification,

in

accordance

with

article

XXIV

Authentic

text:

Spanish

Registration

with

the

Secretariat

of

the

United Nations:

Spain,

24

July

1998

Espagne

et

El

Salvador

Accord

entre

le

Royaume

d'Espagne

et

la

R6publique

d'EI

Salvador

relatif

aux

transports

airiens

(avec

annexe).

Madrid,

10

mars

1997

Entrie

en

vigueur

:

provisoirement

le

10

mars

1997

par

signature

et

definitivement

le 23

janvier

1998

par

notification,

conformgment

6

'article

XXIV

Texte

authentique

:

espagnol

Enregistrement

auprks

du

Secr6tariat

des

Nations

Unies

:

Espagne,

24juillet

1998

Volume

2023,

1-34927

[TRANSLATION

-

TRADUCTION]

1

AGREEMENT

BETWEEN

THE

KINGDOM

OF

SPAIN AND

THE

REPUBLIC

OF

EL

SALVADOR

ON

AIR TRANSPORT

The

Kingdom

of

Spain

and

the

Republic

of

El

Salvador,

hereinafter

called

the

"Con-

tracting Parties",

Being Parties

to

the

Convention

on

International Civil

Aviation,

signed

in

Chicago

on

December

7,

1944;2

Wishing

to

promote

the

development

of

air

transport

between

both

countries

and

to

pursue international

cooperation

in

this

field

to the

broadest possible

extent;

Have

agreed

as

follows:

Article

1.

Definitions

For

the

purposes

of

interpretation

and

implementation

of

this

Air Agreement,

and

un-

less

otherwise

specified

in

its

wording:

a)

The

term

"Convention"

means

the

Convention

on

International

Civil

Aviation,

signed

in

Chicago

on

December

7,

1944,

and

includes

any

annex adopted

by

virtue

of

Ar-

ticle

90

of

said

Convention

and any amendment

of

the

annexes

or

of

the

Convention by

vir-

tue

of

Articles

90

and

94

thereof,

as

long

as

such

annexes

and

amendments

have

been

approved

or

ratified

by

both

Contracting

Parties;

b)

The

term

"Aeronautical

Authorities",

insofar

as

it

refers

to Spain, means

the

Minis-

try

of

Promotion

(Directorate

General

for

Civil

Aviation) and,

insofar

as

it

refers to

the Re-

public

of

El

Salvador,

the

Ministry

of

Public

Works,

Housing,

Transport

and

Urban

Development or,

in

both

cases, the

institutions

and

people

legally authorised

to

undertake

the

functions

related

to

this

Agreement

exercised

by

aforesaid authorities;

c)The

term

"designated

airline"

refers

to

an

air

transport

company

designated

by

each

Contracting

Party to

exploit

the

agreed services

on

specified

routes

in

the

Annex

to

this

Agreement,

as

laid

down

in

Article

III

thereof;

d)

The

terms

"territory", "international

air

service" and

"stop

for non-traffic

purposes"

have

the

same

meaning

as

in

Articles

2

and

96

of

the

Convention;

e)

The

term

"Agreement"

means

this

Air Agreement,

its

Annex

and any

amendment

thereto;

f)

The

term "specified

routes"

means

the

routes

established or

to be

established

under

the

Annex

to

this

Agreement;

g)

The

term "agreed

services"

means

the

international

air

services

that,

pursuant

to

the

provisions

of

this

Agreement,

can

be

established

on

specified

routes;

h)

The

term

"rate"

means

the

prices

fixed

for

the

transport

of

passengers, cargo

or

goods

(except

mail),

including

any

other significant

additional benefit

granted

or

offered

I.

Translation supplied

by

Spain -

Traduction

fournie

par

'

spagne.

2.

United Nations,

Treaty

Series,

vol.

15,

p.

295.

Volume

2023,

1-34927

together

with

this

transport

and

the

commission

to

be

paid

for

the

sale

of

tickets

or

the

cor-

responding

transactions

for

goods

transport.

It also

includes

the

terms

regulating

the

appli-

cation

of

the

price

of

transport

or

the

payment

of

the

commission.

i)

The

term

"capacity"

means,

relative

to

an

aircraft,

the

availability

of

seats

and/or car-

go

space

in

this

aircraft

and, relative

to

the

agreed services,

the

capacity

of

the

aircraft

used

in

such

services,

multiplied

by

the

frequency

of

flights

by

these

aircraft

during each season

on

a

route

or

section

of

a

route.

Article

II.

Operating

Rights

1.

Each

Contracting

Party

shall

grant

the other

Contracting Party

the

rights specified

in

this

Agreement,

for

the

purpose

of

establishing

the

regular

international

air

services

on

the

routes

specified

in

the

Annex thereto.

2.

The

airlines

designated

by

either

of

the

Contracting

Parties

shall enjoy

the

following

rights, as

long

as

they

operate

an

agreed

service

on

a

specified route:

a)

The

right

to

fly

over

the

territory

of

the other

Contracting Party without

landing;

b)

The

right

to

land

in

said

territory

for

non-traffic purposes;

c)

The

right

to land

at

points

in

the

territory

of

the

other Contracting

Party

as

specified

on

the

Route

Chart

in the

Annex

to

this

Agreement,

for

the

purpose

of

taking

on

or

dis-

charging

passengers,

mail

and

cargo,

whether together

or

separately,

in

international

air

traffic

from or

to

the

territory

of

the

other State,

pursuant

to

the

provisions

of

the

Annex

to

this

Agreement.

d)

No

provision

of

this

Agreement

can

be interpreted

in

the

sense that

rights

are

con-

ferred

on

a

Contracting

Party's designated

airlines

to

short-haul flights

within

the

territory

of

the

other Contracting

Party.

Article

III.

Designation

of

Companies

1.

Each

Contracting

Party

shall

be

entitled

to

designate

in

writing

to

the

other

Contract-

ing

Party one

or

more

air

transport companies

for

the

purpose

of

exploiting

agreed services

on

specified

routes,

as

well

as

to

replace

a

previously-designated

airline

by

another.

2.

On

receiving

this

designation,

the

other Contracting Party

must without

delay

and

pursuant

to

the

provisions

contained

in

paragraphs

3)

and

4)

of

this

article, grant

the

desig-

nated airlines

the

corresponding

operating

permits.

3.

The

Aeronautical

Authorities

of

one

of

the

Contracting

Parties

may

require

the

des-

ignated

airlines

of

the other

Contracting

Party

to

prove

that they

are

in

a

position

to

fulfil

the

obligations

laid

down

under

the

laws

and

regulations normally

and

reasonably

applied

by

said

Authorities

to the

operation

of

international

air

services,

pursuant

to

the

provisions

of

the

Agreement.