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SECTORAL AGREEMENTS ON SERVICES 
IN THE WESTERN HEMISPHERE

SG/TU/WG.SERV/DOC.2/97/Rev. 2
25 February 1998
Original: English


(Continuation)

3. TRANSPORT 

3.4 River Transport

B. Bilateral Sectoral Agreements

1 | 2 | 3

 

1. Convenio de Transporte por Água (Agreement on Water Transport)

DATE: October 14, 1994

MEMBERS: Argentina and Uruguay

Summary of Provisions

Objective and Scope:
Article 1:
 

1 - The transversal river transport of passengers and vehicles between ports of both countries will take place in vessels of Argentine and Uruguayan flags, through regular services. A regular service is the service provided in a permanent form for a minimum period of a year, in a determined traffic, with preestablished frequencies and schedules.

2 - Vessels of Argentine and Uruguayan flags are the ones registered as such according to the current legislations in each of the countries.3.- The provisions of the present agreement do not apply to touring cruises and excursions.

Article 12: The National Coastal Trade Transport is excluded of the application scope of this Agreement. 

Competent Authorities:
Article 2:
 

1 - The services will be coordinated between the Competent Authorities of both Parties, assuring equal opportunities to each Party in the use of ports and transport means.

Article 3: 

1 - In order to be validated, the agreements on frequencies, schedules, itineraries and other transport conditions arranged by the shipbuilding enterprises, in equality of opportunities, shall be taken to the Competent Authorities of both countries, with their foundations.

Article 19: The Competent Authorities, for the purposes of this Agreement, will be the National Office of River and Maritime Transport of the Department of Transport of the Ministry of Economy, Public Works and Services in the Republic of Argentina, and, in the Oriental Republic of Uruguay, the General Office of River and Maritime Transport of the Ministry of Transport and Public Works.

Equal Treatment:
Article 5:
The vessels of Argentine Flag and the vessels of Uruguayan Flag will receive, in each country, an equal treatment in terms of tariffs, fees, taxes, contributions, rights, towing, pilotage, port and auxiliary services, without damaging others and with no discrimination because of the flag.

Article 18: The Parties accord the right of equal treatment and reciprocity to both flags, in the access to services, places of landing, frequencies and schedules. 

On Unfair Competition:
Article 6:
The application of this agreement should not lead to measures which constitute practices of unfair competition or disturb the participation of each of the flag’s vessels in the reciprocal traffic.

Insurance:
Article 10:
The transport enterprises providing the services covered in this Agreement shall contract insurance in order to cover the following risks: civil responsibility for damages against third parties, insurance for the crew and enterprise’s personnel, responsibility for the transport of passengers according to what is determined by legal provisions and regulations of each country.

The Competent Authorities will control the operation of the insurance policies and the extent of the coverage required in the previous paragraph.

Sanctions:
Article 13:
The nonfulfillment of the provisions and obligations of this Agreement will be sanctioned by the Competent Authority of each if the Parties.

The sanctions can consist of:

a) Summoning;

b) Fine equivalent to the value of one hundred (100) to a thousand (1000) fares for the authorized service;

c) Revocation of the authorization.

Consultation:
Article 20:

1 - Each Party may solicit, through a diplomatic channel, consultation meetings between the respective Competent Authorities for the interpretation and application of this Agreement, and the consideration of possible modifications. Such meetings shall begin within a period of ninety (90) days after the notification of the respective solicitation has been received and will take place in the territory of the country to which the request was addressed, unless a different arrangement has been decided.

2 - The Competent Authorities will accord in a Regulation, the procedure to be followed regarding the approval steps for services, frequencies and other condition of transport between both countries.

Periodical Consultations will take place in order to improve this Agreement and to evaluate the conditions and results of its application.

Entry into Force:
Article 21:
This Agreement will enter into force thirty (30) days after the exchange of ratification instruments and will have a duration of five (5) years, automatically renewable for equal periods, unless, at any time, one of the Parties communicates the other, with an anticipation of ninety (90) days, its wish to denounce the Agreement.

 

2. Convenio sobre Transporte Fluvial Transversal Fronterizo de Pasajeros, Vehiculos y Cargas (Agreement on the Cross-border River Transport of Passengers, Vehicles and Cargo)

DATE: July 31, 1972

MEMBERS: Argentina and Paraguay

Summary of Provisions

Objective and Scope:
Article 1:
The transversal river transport of passengers, vehicles and cargo between bordering ports of both countries, will be carried by unities of Argentine and Paraguayan flags in equal proportions, through a regular service, integrated by balsas, launches and other small vessels.

Article 14: None of the provisions of this Agreement will be interpreted as a restriction to each country’s right to regulate its national coastal traffic.

Competent Authorities:
Article 2:
The Competent Authorities will decide, according to the necessities:

a) the establishment of services of a direct link between bordering ports;

b) the establishment of new services or the elimination of existing ones;

c) the number and type of transport unities assigned to each service;

d) the frequency of trips, schedules, fares and freight, and conditions of transport.

Article 6: Each of the Parties may award the service’s exploitation to physical persons, state entities, private or mixed enterprises, through the authorization granted by the Competent Authorities.

Article 16: For the purposes of this Agreement the Competent Authorities are: in the Republic of Argentina the Ministry of Public Services and Works - Merchant Marine -, and in the Republic of Paraguay the Ministry of Public Works and Communications - General Office of the Merchant Marine.

Equal Treatment:
Article 7:
The unities of both flags transporting passengers, vehicles and cargo under the terms of this Agreement, will receive, in each of the countries, equal treatment in terms of tariffs; taxes; fees or contributions; port taxes, tariffs or operations; customs and operational rights; services of loading, unloading, stowage and towing; consular tariffs; rights of navigation, landing and stay, and other types of operations and steps directly or indirectly related to the river transport between both countries.

Insurance:
Article 11:
The Parties will adopt the adequate measures to have the persons, entities or enterprises providing the services covered in this Agreement, insured against the risks arising from such provision, including damages to third parties, civil responsibility for the transport of passengers and cargo, crew and personal effects, and for the enterprise’s personnel in land, which are in charge of tasks in the places of loading and unloading.

Consultations:
Article 12:
The Competent Authorities of the Parties will have consultation meetings to examine the implementation and functioning of this Agreement, and suggest modifications to improve the service.

The consultation meetings will take place within ninety (90) days of the petition made by the Competent Authorities of any of the Parties.

Customs, Migration and Sanitary Issues:
Article 13:
The regulation of this Agreement on issues such as: regimen of the services, customs, migration and sanitary, will be established through the exchange of diplomatic notes.

On Most-Favored-Nation Treatment:
Article 15:
The Parties agree that the facilities and rights reciprocally granted under this Agreement shall be excluded from the application of the most-favored-nation clause which may make them extensive to third countries.

Entry into Force:
Article 17:
This Agreement will enter into force one month after the exchange of the ratification instruments, which will take place in the city of Asunción.

Denouncement:
Article 18:
This Agreement may be denounced at any time, but its effects will only cease six months after its denouncement.

 

3. Convenio sobre Transporte Fluvial Transversal Fronterizo de Pasajeros, Vehiculos y Cargas (Agreement on the Cross-border River Transport of Passengers, Vehicles and Cargo)

DATE: December 2, 1971

MEMBERS: Argentina and Brazil

Summary of Provisions

Objective:
Article 1:
The transversal river transport of passengers, vehicles and cargo between bordering ports or points of both countries, will be carried through a service integrated by balsas, launches and other vessels, which is anticipated in documents annexed to this Agreement.

Article 2: The transport of link between two bordering ports or points of landing, will be provided in equal proportions by unities of flags of both countries.

Article 16: None of the provisions of this Agreement will be interpreted as a restriction to each country’s right to regulate its national coastal traffic, as well as the transport destined to third countries and coming from them. Under the terms of this Agreement, national coastal navigation and commerce are the services taking place between ports or points of the same country, according to its legislation.

Competent Authorities:
Article 3:
The number of unities of transport destined to each service will be agreed between the Parties, according to their necessities.

The frequency of trips, schedules, freight tariffs and fares will be approved by the Parties, according to the regulations dictated and subject to the current applicable legal provisions in each of the signatary countries.

The tariffs and conditions of transport will enter into force right after they are approved and communicated by the respective competent authorities.

Article 9: Each of the Parties may award the service’s exploitation to physical persons, state entities, private or mixed enterprises, through clear authorization, which must adjust to standards that assure the integral accomplishment of this Agreement and its regulation. When authorizing a service, the competent authority must communicate it immediately and in writing to the corresponding authority of the other country.

Article 20: For the purposes of this Agreement the Competent Authorities are: in the Republic of Argentina the Ministry of Public Services and Works through the Division of Merchant Marine, and in the Republic of Brazil the Ministry of External Relations, the Navy through the Division of Ports and Coasts and the Ministry of Transport through the National Superintendency of the Merchant Marine.

Equal Treatment:
Article 10:
The unities of both flags transporting passengers, vehicles and cargo under the terms of this Agreement, will receive, in each of the countries, equal treatment in terms of taxes and fees, port operations, customs and operational rights; services of loading, unloading, stowage and towing; consular tariffs; rights of navigation, landing and stay, and other types of operations and steps directly or indirectly related to the river transport between both countries.

Article 11: The vessels of both countries, according to the established in Article 10, will receive equal treatment in terms of taxes and tariffs for the provision of port services.

Insurance:
Article 15:
The Parties will adopt the adequate measures to have the persons, entities or enterprises providing the services covered in this Agreement, insured against the risks arising from such provision, including damages to third parties, civil responsibility for the transport of passengers and cargo, crew and personal effects, and for the enterprise’s personnel in land, which are in charge of tasks in the places of loading and unloading, in accordance to which. In this regard, is determined by the legal provisions and regulations of application in each country.

Consultations:
Article 17:
The Competent Authorities of the Parties will have consultation meetings to examine the development of the conditions of transport, object of this Agreement, and to establish or modify the Annexes according to the principles here established.

Each Party may request this meeting, and the other Party must accept its within a maximum of ninety (90) days.

On Most-Favored-Nation Treatment:
Article 19:
The Parties agree that the facilities and rights reciprocally granted under this Agreement shall be excluded from the application of the most-favored-nation clause.

No Stops:
Article 8:
In the services anticipated in this Agreement, the fluvial transport must take place, strictly, in the most direct line of connection between two pre-determined ports or landing points.

Stops outside the designated ports or points are not allowed, unless they are previously approved by the competent authorities of both countries.

Annexes:
Article 18:
The specific regulations relating to the various issues covered in this Agreement will be included in the Annexes that will integrate the Agreement.

Article 21: The Annexes to which Article 18 refers will basically include material on issues of customs, migration, sanitary and regimen of services.

Denouncement:
Article 22:
This Agreement may be denounced at any time, but its effects will only cease six months after its denouncement.

 

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