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Exchange of Notes between Canada and Ireland constituting an Agreement amending the Annex to the Air Agreement of August 8, 1947 [1951] CATSer 4 (9 July 1951)

E100076 - CTS 1951 No. 11

EXCHANGE OF NOTES BETWEEN CANADA AND IRELAND CONSTITUTING AN AGREEMENT AMENDING THE ANNEX TO THE AIR AGREEMENT OF AUGUST 8, 1947

I

The Ambassador of Canada to the Minister for External Affairs of Ireland

CANADIAN EMBASSY

DUBLIN, July 9, 1951

Excellency,

I have the honour to refer to the Agreement for Air Services between Canada and Ireland signed in Dublin on the 8th August, 1947, and to recent discussions directed to amend the Annex to the Agreement.

My Government proposes that the text of the Annex should be amended to read as follows:

1. An airline or airlines designated by the Government of Canada may put down or take on at Shannon international traffic in passengers, cargo and mail on the route hereinafter specified.

2. The specified route to be operated by the designated airline or airlines of the Government of Canada shall be Montreal via intermediate points to Shannon and points in countries beyond in both directions.

3. It is agreed that all eastbound aircraft on the routes covered in this Annex shall stop at Shannon Airport and all westbound aircraft on the same routes shall stop at Shannon Airport.

4. Trans-Canada Airlines shall, for the operation of these services, be deemed to be qualified to fulfil the conditions referred to in Article II, paragraph (b) of this Agreement.

5. (a) An airline or airlines designated by the Government of Ireland may put down or take on at Montreal international traffic in passengers, cargo and mail coming from or destined for Ireland.

(b) An airline or airlines designated by the Government of Ireland may also put down or take on at Gander international traffic in passengers, cargo and mail coming from or destined for points in countries other than Ireland on the route hereinafter specified.

6. The specified route to be operated by the designated airline or airlines of the Government of Ireland shall be Shannon via intermediate points to Gander and/or Montreal and points in countries beyond in both directions.

7. Subject to Article 3 above, the airlines designated by each contracting party shall enjoy, while operating an agreed service on a specified route, the following privileges:

(a) to fly without landing across the territory of the other contracting party;

(b) to make stops in the said territory for non-traffic purposes.

8. Tariffs to be charged by the designated airlines referred to in this Annex shall be agreed in the first instance between them, having due regard to the rates fixed by any Tariff Conference of airlines operating in the area. Any tariff so agreed will be subject to the approval of the competent aeronautical authorities of the contracting parties. In the event of disagreement between the airlines, the competent aeronautical authorities of the contracting parties shall endeavour to reach an agreement. Should the competent aeronautical authorities or subsequently the contracting parties themselves fail to agree, the matter in dispute will be referred to arbitration as provided for in Article VI of this Agreement.

If you are agreeable to this proposal, it is suggested that this note and your reply should constitute an exchange of notes amending the Annex of the Agreement as above set forth.

Accept, Excellency, the renewed assurance of my highest consideration.

W. F. A. Turgeon

II

The Minister for External Affairs of Ireland to the Ambassador of Canada

ROINN GNOTHAI EACHTRACHA

DEPARTMENT OF EXTERNAL AFFAIRS

Baile Atha Cliath

DUBLIN, July 9, 1951

Excellency,

I have the honour to acknowledge receipt of Your Excellency’s Note of 9th July, 1951, in which you propose that the Annex to the Agreement for Air Services, signed in Dublin on the 8th August, 1947, should be amended to read as follows:

"1. An airline or airlines designated by the Government of Canada may put down or take on at Shannon international traffic in passengers, cargo and mail on the route hereinafter specified.

2. The specified route to be operated by the designated airline or airlines of the Government of Canada shall be Montreal via intermediate points to Shannon and points in countries beyond in both directions.

3. It is agreed that all eastbound aircraft on the routes covered in this Annex shall stop at Shannon Airport and all westbound aircraft on the same routes shall stop at Shannon Airport.

4. Trans-Canada Airlines shall, for the operation of these services, be deemed to be qualified to fulfil the conditions referred to in Article II, paragraph (b) of this Agreement.

5. (a) An airline or airlines designated by the Government of Ireland may put down or take on at Montreal international traffic in passengers, cargo and mail coming from or destined for Ireland.

(b) An airline or airlines designated by the Government of Ireland may also put down or take on at Gander international traffic in passengers, cargo and mail coming from or destined for points in countries other than Ireland on the route hereinafter specified.

6. The specified route to be operated by the designated airline or airlines of the Government of Ireland shall be Shannon via intermediate points to Gander and/or Montreal and points in countries beyond in both directions.

7. Subject to Article 3 above, the airlines designated by each contracting party shall enjoy, while operating an agreed service on a specified route, the following privileges:

(a) to fly without landing across the territory of the other contracting party;

(b) to make stops in the said territory for non-traffic purposes.

8. Tariffs to be charged by the designated airlines referred to in this Annex shall be agreed in the first instance between them, having due regard to the rates fixed by any Tariff Conference of airlines operating in the area. Any tariff so agreed will be subject to the approval of the competent aeronautical authorities of the contracting parties. In the event of disagreement between the airlines, the competent aeronautical authorities of the contracting parties shall endeavour to reach an agreement. Should the competent aeronautical authorities or subsequently the contracting parties themselves fail to agree, the matter in dispute will be referred to arbitration as provided for in Article VI of this Agreement."

I have the honour to inform you that this proposal is acceptable to my Government, and that they accept, also, your suggestion that Your Excellency’s Note and this reply should constitute an amendment of the Annex to the Agreement as above set forth.

Accept, Excellency, the renewed assurance of my highest consideration.

Proinseas Mac Aogain