Transaction_Fees___Resolucin_1507_de_Marzo_23_de_2012_(Eng).pdf

REPUBLIC OF COLOMBIA

MINISTRY OF TRANSPORT

Principle of Compliance:

1064.513.3

SPECIAL ADMINISTRATIVE UNIT OF CIVIL AERONAUTICS

Resolution Number 01507

23 MAR.2012

Whereby letter e), article 3 of resolution 3595 from September 1, 2006 is modified

THE GENERAL DIRECTOR FOR THE SPECIAL ADMINISTRATIVE UNIT OF

CIVIL AERONAUTICS

By virtue of his legal capacities and especially those conferred upon by articles 1782 and 1860 from the

Code of Commerce, in line with article 68 of Law 336/1996 and article 5, numbers 10, 14, 15 and 16;

and article 9, number 4 of decree 260/2004 and

WHEREAS

1. Article 333 of the political Constitution states the principles of free economic activity and private initiative within the limits of the common good. Concomitantly, it presents free competition as a right for all subject to responsibilities and establishes that the State shall intervene in order to avoid obstructing or restricting economic freedom and prevent people or companies from abusing their dominant position in the local market.

Consequently, the Constitution stipulates that the State may set limits to the scope of economic freedom when demanded by the social interest, the environment and the cultural heritage of the nation.

2. Pursuant to article 334 of the political Constitution, the general directorate of economy shall be entrusted to the State. It shall intervene -as mandated by Law- in public and private services, among other activities, to balance economy seeking to improve the inhabitants’ quality of life and achieve the equal distribution of development opportunities and benefits.

3. Law 105/1993, whereby basic provisions on transport are stipulated, established its guidelines, including State intervention, indicating that the State is in charge of planning, controlling, regulating and supervising transport and transport-related activities.

4. Concerning air transport, Law 336/1996 -whereby the national transport statutes is adopted-, Article 68 states that the method of air transport, apart from being an essential public service, shall continue to be only subject to the standards of the Code Of Commerce (Book 5, preliminary chapter and second part), the

Colombian Aeronautics Regulations set forth by the Special Administrative Unit Of Civil Aeronautics and the treaties, agreements, partnerships and international practices duly adopted or applied by Colombia.

Password: GDIR-3.0-12-10

Version: 01 Date: 20109/2011

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SPECIAL ADMINISTRATIVE UNIT OF CIVIL AERONAUTICS

01507 23 MAR 2013

Resolution “Whereby letter e), article 3 of resolution 3595 from September 1, 2006 is modified” (continues)

5. Article 1782 of the Code of Commerce confers the Aeronautics Authority the capacity to issue the standards regulating the air transport sector.

6. Article 1860 of the Code of Commerce stipulates that the aeronautics authority shall regulate and classify air services “… In order to achieve the provision of safe, efficient and economical air services, simultaneously guaranteeing the stability of exploiters and the air industry in general”.

7. Pursuant to the provisions of Article 5, numbers 10, 14, 15 and 16 and Article 9, number 4, both standards of Decree 260/2004 clearly stipulate the powers of the Aeronautics Authority to regulate rates applicable to the sale of air transport services.

8. Through resolution 904 from February 28, 2012, the Civil Aeronautics removes the requirement of fuel charge, an expense stated in the air rate.

9 Article 3 of the aforementioned resolution states that national and international passenger air transport companies, without prejudice to the provisions of international agreements, may establish rates freely.

10. Pursuant to the national government policy of fostering tourism and promoting wider access to passenger air transport services, as well as, avoiding the excessive cost of this service, it is necessary to adjust the rate ranges to apply the administrative rate to the international routes established in letter e) of article 3, Resolution 3596 from September 1, 2006, in order to protect the users.

11. Now, therefore

DECIDES

ARTICLE 1: to modify letter e) of article 3, Resolution 3596 from September 1, 2006, which shall be the following:

“e) From April 1, 2012, the administrative rate for selling international air tickets shall be the values presented below:

Date: 20/0912011

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SPECIAL ADMINISTRATIVE UNIT OF CIVIL AERONAUTICS

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Resolution “Whereby letter e), article 3 of resolution 3595 from September 1, 2006 is modified” (continues)

RATE RANGE ADMINISTRATIVE RATE

Lower or equal to USD354 USD15

Greater than USD354 up to USD590 USD28

Greater than USD590 up to USD944 USD46

Greater than USD944 USD95

ARTICLE 2: This resolution becomes enforceable from April 1, 2012, upon publication in the Official Gazette and repeals letter e), article 3 of resolution 3596 from September 1, 2006, concerning the administrative rate for international routes.

IT IS ORDERED THAT IT BE PUBLISHED AND FULFILLED

Issued in Bogota, D.C., 23 MAR 2012

(SIGNED)

SANTIAGO CASTRO GOMEZ

General Director

Date: 20(09/2011

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