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Exchange of Notes between the Government of Canada and the Government of the United States of Mexico concerning Amendments to the Air Transport Agreement between Canada and Mexico of December 21, 1961 [1973] CATSer 3 (8 March 1973)

E103201 - CTS 1973 No. 38

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF MEXICO CONCERNING AMENDMENTS TO THE AIR TRANSPORT AGREEMENT BETWEEN CANADA AND MEXICO OF DECEMBER 21, 1961

I

The Ambassador of Canada to the Minister of Foreign Relations of Mexico

MEXICO, D.F., March 24, 1971

No. 30

His Excellency Lic. Emilio O. Rabasa
Minister of Foreign Relations
Tlatelolco, D. F.

Excellency,

I have the honour to refer to the discussions held between representatives of the Government of Canada and the Government of the United States of Mexico in Mexico City during the week of November 23 to 28, 1970, concerning amendments to the Air Transport Agreement between Canada and Mexico of December 21, 1961.

It is my understanding that, as a result of these discussions, Sections I, II and III of the Route Schedule and Article VI of the Agreement are to be amended as follows:

ROUTE SCHEDULE

Section I

An airline designated by the Government of the United Mexican States shall be entitled to operate air services, in both directions, on each of the air routes specified and to make scheduled stops at the points specified in this paragraph with the maximum initial number of authorized frequencies in each direction as indicated in Section III:

* Local traffic between these points and Canada is limited to Toronto and to traffic carried on flights operated via Toronto. These rights will remain in effect only until fifth freedom traffic rights beyond Canada are exercised.

Section II

An airline designated by the Government of Canada shall be entitled to operate air services, in both directions, on each of the air routes specified and to make scheduled stops at the points specified in this paragraph, with the maximum initial number of authorized frequencies in each direction as indicated in Section III:

Section III

Both parties agree that the following frequencies may be operated:

To points beyond

1. Airlines of each contracting party will be able to operate up to seven frequencies per week on the beyond sections of their corresponding routes, provided that the combination of these rights will not exceed seven frequencies per week for each airline.

Between both countries

2. Seven frequencies per week by the designated airline of each contracting party on each one of the routes 1 and 3 of Sections I and II. When the other airline institutes service on route 1, the frequency on this route will be reduced to six.

3. Seven frequencies per week by the designated airline of each contracting party on route 2 of Sections I and II. The frequencies to be increased to eight frequencies effective December 1, 1971, and to ten frequencies effective December 1, 1972.

4. With respect to the preceding paragraph 3, the frequencies to Mexico City in route 2 of Section II are limited to a maximum of six frequencies after December 1, 1971, and to seven frequencies after December 1, 1972.

5. With respect to the preceding Sections I and II, the points of departure or destination there indicated, in Mexico and Canada, may be operated as co-terminals, and any point or points on any route may be omitted on any flight, provided that in all cases flights serve at least one point in the country designating the airline.

6. Flights on route 3 of Section II may include Guadalajara, Mexico City and/or Acapulco and the number of frequencies operated in this manner will be counted as flights operated on route 1 of Section II.

7. In the operation of the agreed services in this Agreement, and in the present Route Schedule, the frequencies are based on the use of DC-8 equipment series 60 or similar (with maximum capacity of 250 passengers). If larger aircraft are used on the services, the frequencies must be reduced so that the authorized total capacity is not exceeded. If smaller aircraft are used on these services, the frequencies after December 1, 1971, may be increased provided that the then authorized total capacity is not exceeded.

8. Requests for authority to operate frequencies in excess of those outlined in paragraphs 1, 2, 3 and 4 shall be dealt with pursuant to the principles and procedures outlined in Article X.

ARTICLE VI

1. Certificates of airworthiness, certificates of competency and licences, issued or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the routes and services provided for in this Agreement, provided that the requirements under which such certificates or licences were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention on International Civil Aviation. Each Contracting Party reserves the right, however, to refuse to recognize certificates of competency or licences granted to its own nationals by the other Contracting Party.

2. If the terms and conditions of the certificates or licences referred to in paragraph 1 above, issued by the competent authorities of one Contracting Party to any aircraft, any person or any designated airline operating the routes and services provided for in this Agreement are different from the standards established under the Convention on International Civil Aviation and such differences have been filed with the International Civil Aviation Organization or no notification has been given to that Organization, the other Contracting Party may request consultations between the competent authorities of the two Contracting Parties with a view to satisfying itself that the practices in question are acceptable to it. Failure to reach a satisfactory agreement will constitute grounds for denial or withdrawal of an appropriate technical authorization.

I have the honour to propose that if your Government concurs in the foregoing amendments, this Note, which is authentic in English and French, and your reply to that effect, shall constitute an agreement between our two Governments amending the Air Transport Agreement of December 21, 1961, and that this amending agreement shall enter into force, provisionally, from the date of Your Excellency's reply and, definitively, from the date on which is effected an additional exchange of notes by which the contracting parties inform one another that they have obtained, with respect to this amending agreement, whatever approval each may require in accordance with its respective constitutional procedures.

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

Saul F. Rae

II

The Minister of Foreign Relations of Mexico to the Ambassador of Canada

MEXICO, D.F., March 24, 1971

No. 502317

His Excellency Dr. Saul F. Rae,
Ambassador Extraordinary and
Plenipotentiary of Canada,
Mexico, D.F.

Mr. Ambassador:

I have the honour of acknowledging receipt of your kind note No. 30, dated March 24, 1971, drafted in English and in French, the Spanish version of which is as follows:-

(See Canadian Note No. 30 dated March 24, 1971)

In reply, I have the honour of communicating that the Government of the United States of Mexico is in agreement with the terms contained in the note just transcribed and consequently accepts that said note and this one constitute an agreement between the Mexican United States and Canada for purposes of amending the Convention on Air Transport between the two countries signed at the City of Mexico December 21, 1961.

I take this opportunity to reiterate the assurances of my highest consideration.

Emilio O. Rabasa

III

The Ambassador of Canada to the Minister of Foreign Relations of Mexico

MEXICO, D.F., March 24, 1971

No. 31

His Excellency Lic. Emilio O. Rabasa
Minister of Foreign Relations
Tlatelolco, D.F.

Excellency,

I have the honour to refer to the discussions held between representatives of the Government of Canada and the Government of the United States of Mexico in Mexico City during the week of November 23 to 28, 1970, relating to the Air Transport Agreement between Canada and Mexico of December 21, 1961.

It is my understanding that as a result of these discussions it was agreed that the following conditions shall apply to services involving points beyond and intermediate points.

With respect to the footnote applying to Section 1 Route 2, the carriage of local traffic on flights between Detroit, Cleveland and Toronto, Montreal, is limited to a maximum of seven frequencies per week in total. If the conditions which made it necessary for the Canadian Government to stipulate that local traffic from Cleveland and Detroit be carried via Toronto should change, the Canadian Government would be prepared to give sympathetic consideration to a request from the Mexican Government that this stipulation be cancelled.

The Canadian airline may operate up to four frequencies per week to points beyond, of which the fourth will omit Mexico City. After December 1, 1971, it may operate an additional beyond frequency from Mexico City and/or Acapulco.

After December 1, 1972, the Canadian airline may operate a further additional beyond frequency which must omit Mexico City. After December 1, 1973, it may operate a seventh beyond frequency from Mexico City and/or Acapulco only if at that time the two beyond frequencies omitting Mexico City are already in operation.

If the Canadian Government efforts to secure traffic rights between Acapulco and the third country are unsuccessful, the Mexican Government will give sympathetic consideration to the possibility that the beyond frequency starting after December 1, 1973, be flown from Mexico City. In such consideration, the promotional efforts of the Canadian airline to increase traffic between Canada and Mexico will be reviewed.

If the Mexican airline operates more than three frequencies beyond Canada, the Canadian airline may at that time operate the same number of frequencies beyond Mexico City and/or Acapulco.

The provisions of Section III paragraph 7 for the increase of frequencies if smaller aircraft are used, shall not apply to services operated beyond Canada and beyond Mexico or to the local traffic rights exercised between intermediate points and Canada.

I should be grateful if you would confirm that the Government of the United States of Mexico concurs in the statement set forth in this Note which is authentic in English and French and which replaces the Exchange of Notes between our two Governments of December 21, 1961.

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

Saul F. Rae

IV

The Minister of Foreign Relations of Mexico to the Ambassador of Canada

MEXICO, D.F., March 24, 1971

No. 502318

His Excellency Saul F. Rae,
Ambassador Extraordinary and
Plenipotentiary of Canada,
Mexico, D. F.

Mr. Ambassador,

I have the honour of acknowledging receipt of your Note No. 31 of this date prepared in the English and French languages, of which the translated Spanish text is as follows:

(See Canadian Note No. 31 dated March 24, 1971)

In reply, I have the honour of informing Your Excellency that the Government of the United States of Mexico is in agreement with the terms of Your Excellency's Note as transcribed above and, consequently, it will be in order that said Note and the present one replace the Exchange of Notes between our two Governments on December 21, 1961.

I take this opportunity to renew to Your Excellency the testimony of my highest consideration.

Emilio O. Rabasa