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Air Transport Agreement between the Government of Canada and the Government of the French Republic [1977] CATSer 1 (8 January 1977)

E100052 - CTS 1977 No. 15

AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FRENCH REPUBLIC

PREAMBLE

The Government of Canada and the Government of the French Republic, hereinafter referred to as the “Contracting Parties”, both being parties to the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December, 1944, and desiring to conclude an Agreement on air transport between and beyond their respective territories, have agreed as follows:

ARTICLE 1

For the purpose of this Agreement, unless otherwise stated:

(a) “Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December, 1944, any annex adopted under Article 90 of this Convention and any amendment to the Annexes or to the Convention adopted under Articles 90 and 94 of the latter.

(b) “Aeronautical authorities” means, in the case of France, the Director General of Civil Aviation and all persons or agencies empowered to perform the functions now exercised by the said Director or analogous functions and, in the case of Canada, the Minister of Transport, the Canadian Transport Commission and all persons or agencies empowered to perform the functions now exercised by the said Minister and the said Commission or analogous functions.

(c) “Agreement” means this Agreement, the Annex attached thereto, and any amendments thereto;

(d) “Agreed services” means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers, cargo and mail, separately or in combination;

(e) “Designated airline” means an airline which has been designated and authorized in accordance with Article 3 of this Agreement;

(f) “Tariffs” shall be deemed to include all rates, tolls, fares, charges for transportation, conditions of carriage, classifications, rules, regulations, practices and services related thereto, but excluding remuneration and conditions for the carriage of mail;

(g) “Territory”, “Air Service”, “International Air Service”, “Airline” and “Stop for non traffic purposes” have the meaning respectively assigned to them in Articles 2 and 96 of the Convention.

ARTICLE 2

1. Each Contracting Party grants with respect to the aircraft of the other Contracting Party the following rights for the operation of scheduled international air services:

(a) to fly without landing across its territory;

(b) to make stops in its territory for non-traffic purposes, under the condition that the stops be made at an airport open to international traffic;

(c) to make stops in its territory at the points named on the routes specified in the Annex to this Agreement for the purpose of taking up and discharging international traffic in passengers, cargo and mail, separately or in combination.

2. Nothing in paragraph 1 of this Article shall be deemed to confer on the airlines designated by one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

ARTICLE 3

1. Each Contracting Party shall have the right to designate, by diplomatic note to the other Contracting Party, an airline or airlines to operate the agreed services on the specified routes and to substitute another airline for that previously designated.

2. Upon receipt of this designation, the aeronautical authorities of the other Contracting Party shall, subject to paragraphs 3, 4 and 5 of this Article, grant without delay to the designated airline or airlines the appropriate authorizations to operate.

3. The aeronautical authorities of either Contracting Party may require an airline designated by the other Contracting Party to provide proof of its ability to meet the conditions set forth in the laws and regulations normally and reasonably applied by the said authorities for the operation of international air services in accordance with the provisions of the Convention.

4. Each Contracting Party shall have the right to withhold the operating authorizations referred to in paragraph 2 of this Article, or to impose whatever conditions it deems necessary for the exercise, by a designated airline, of the rights specified in Article 2 of this Agreement whenever the Contracting Party is unable to prove that substantial ownership and effective control of the airline are vested in the Contracting Party designating the airline or in its nationals.

5. When an airline has been so designated and authorized, it may at any time begin to operate the agreed services, provided that the tariff established in accordance with the provisions of Article 12 of this Agreement is in force in respect of such services.

ARTICLE 4

1. The aeronautical authorities of each Contracting Party shall have the right to withhold authorization to operate, or to suspend the exercise, by an airline designated by the other Contracting Party, of the rights referred to in Article 2 of this Agreement, or to impose whatever conditions they deem necessary on the exercise of these rights:

(a) in the event that they are not satisfied that substantial ownership and effective control of the airline are vested in the Contracting Party designating the airline or in its nationals;

(b) in the event of failure by such airline to comply with the laws or regulations of the Contracting Party by which these rights were granted;

(c) in the event that this airline fails to operate in accordance with the conditions prescribed under this Agreement.

2. Unless revocation, suspension or the immediate imposition of the conditions set forth in paragraph 1 of this Article are necessary to avoid further infringements of the laws or regulations, such a right may only be exercised after consultation with the other Contracting Party. Unless otherwise agreed by the Contracting Parties, such consultation shall begin within a period of sixty (60) days from the date on which the other Contracting Party receives the request.

ARTICLE 5

1. The laws, regulations and procedures of one Contracting Party relating to the admission to or departure from its territory of aircraft engaged in international air navigation or to the operation and navigation of such aircraft shall be complied with by the designated airline of the other Contracting Party upon entrance into, departure from and while within the said territory.

2. The laws and regulations of a Contracting Party respecting entry, clearance, transit, immigration, passports, customs and quarantine shall be complied with by the designated airline of the other Contracting Party and by or on behalf of its crews, passengers, cargo and mail upon transit of, admission to, departure from and while within the territory of such a Contracting Party.

ARTICLE 6

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 agreed services on the routes specified in the Annex to this Agreement provided that such certificates or licences were issued or rendered valid pursuant to and in conformity with the standards established under the Convention. Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.

2. If the privileges or conditions of the licences or certificates referred to in paragraph 1 above, issued by the aeronautical authorities of one Contracting Party to any person or designated airline operating the agreed services on the routes specified in the Annex to this Agreement, should permit a difference from the standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may request consultations with the aeronautical authorities of that Contracting Party with a view to satisfying themselves that the practice in question is acceptable to them. Failure to reach a satisfactory agreement in matters regarding flight safety will constitute grounds for the application of Article 4; in other cases Article 17 applies.

1. The duties and taxes imposed in the territory of either Contracting Party for the use of airports and other aviation facilities by the aircraft of a designated airline of the other Contracting Party shall not be higher than those imposed on aircraft of a national airline engaged in similar international air services.

2. Neither of the Contracting Parties shall give a preference to its own or any other airline over an airline designated by the other Contracting Party in the application of its regulations dealing with customs, immigration, quarantine and other similar services or in the use of airways, air traffic services and associated facilities under its control.

ARTICLE 8

1. There shall be fair and equal opportunity for the airlines of both Contracting Parties to operate the agreed services on the routes specified in the Annex.

2. In the operation of the agreed services, the airlines of both Contracting Parties shall consider the interests of the designated airlines of the other Contracting Party so as not to affect unduly the agreed services of the latter on the whole or part of the same route.

3. The main objective of the agreed services of each of the designated airlines of both Contracting Parties shall be to provide, at a normal load factor, capacity corresponding to normal and reasonably predictable traffic demands to and from the territory of the Contracting Party designating the airlines.

4. Provision for the carriage of passengers, cargo and mail both taken up and discharged at points on the specified routes in the territories of third countries shall be made in accordance with the general principles that capacity shall be related to:

(a) traffic requirements to and from the territory of the Contracting Party which has designated the airline;

(b) traffic requirements of the areas through which the airline passes, local and regional air services being taken into account and

(c) the requirements of economical through airline operations.

ARTICLE 9

The general schedules of the designated airlines of one Contracting Party shall be submitted for approval to the aeronautical authorities of the other Contracting Party.

These general schedules shall be sent at least one month prior to the beginning of operations and shall contain in particular timetables, the frequency of service and the type of aircraft used. It is understood that this approval shall be given in the shortest time possible.

Any subsequent alteration shall be communicated to the aeronautical authorities.

ARTICLE 10

The aeronautical authorities of both Contracting Parties shall exchange, at regular intervals and in a manner agreed upon by them, statistical summaries including all the information required to determine the volume of traffic on the routes specified in the Annex.

ARTICLE 11

1. Each Contracting Party shall on a basis of reciprocity exempt the designated airline or airlines of the other Contracting Party to the fullest extent possible under its national law from import restrictions, customs duties, excise taxes, inspection fees and other national duties and charges on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores (including liquor, tobacco and other products destined for sale to passengers in limited quantities during the flight) and other items intended for use or used solely in connection with the operation or servicing of aircraft of the designated airline of such other Contracting Party operating the agreed services, as well as usual publicity material distributed without charge by that designated airline.

2. The immunities granted by this Article shall apply to the items referred to in paragraph 1 of this Article:

(a) introduced into the territory of one Contracting Party by or on behalf of the designated airline or airlines of the other Contracting Party;

(b) retained on board aircraft of the designated airline or airlines of one Contracting Party upon arriving in or leaving the territory of the other Contracting Party;

(c) taken on board aircraft of the designated airline or airlines of one Contracting Party in the territory of the other Contracting Party and intended for use in operating the agreed services, whether or not such items are used or consumed wholly within the territory of the Contracting Party granting the immunity, provided such items are not alienated in the territory of the said Contracting Party.

ARTICLE 12

1. The tariffs levied by the airlines of one of the Contracting Parties for transport to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, characteristics of service (such as standards of speed and accommodation), and in particular to the cost of operation at a reasonable profit and to the tariffs of other airlines.

2. The tariffs referred to in paragraph 1 of this Article shall be agreed upon between the designated airlines of the Contracting Parties following consultation with other airlines operating on all or part of the same route; such agreement shall be reached, whenever possible, through the rate-fixing procedures of the International Air Transport Association.

3. The tariffs so agreed shall be submitted to the aeronautical authorities of the Contracting Parties at least forty-five (45) days before the proposed date of their introduction; in special cases a shorter period may be accepted if agreed to by the aeronautical authorities.

4. If the designated airlines cannot agree on any of these tariffs, or if for any other reason a tariff cannot be established in accordance with the provisions of paragraph 2 of this Article or if, during the first thirty days of the forty-five day period cited in paragraph 3 of this Article, one Contracting Party informs the other Contracting Party that it is not satisfied with tariffs established in accordance with the provisions of paragraph 2 of this Article, the aeronautical authorities of the Contracting Parties shall endeavour to determine the tariff by agreement between themselves.

5. If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 3 of this Article or on the determination of any tariff under paragraph 4, the dispute shall be settled in accordance with the provisions of Article 17 of this Agreement.

6. Subject to the provisions of paragraph 5 of this Article no tariff shall come into force if the aeronautical authorities of either Contracting Party have given notice of their dissatisfaction.

7. Tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the same provisions.

ARTICLE 13

1. The designated airlines of each Contracting Party shall have the right to engage in the sale of air transportation in the territory of the other Contracting Party directly or through its agents.

2. Each Contracting Party grants to the other Contracting Party the right of free transfer, on the basis of the foreign exchange market rates for current payments prevailing at the time of the transfer, of the excess of receipts over expenditures realized in its territory through the carriage of passengers, baggage, mail and cargo by the designated airline of the other Contracting Party. To the extent that payments between the Contracting Parties are regulated by special agreement, such agreement shall apply.

ARTICLE 14

The designated airline or airlines of one of the Contracting Parties shall have the right to maintain one or more representatives in the territory of the other Contracting Party, as well as commercial, operational and technical staff as required to operate the agreed services. Said staff may, at the discretion of the designated airline or airlines, be supplied by the airlines themselves, or by any qualified body, company or airline operating on the territory of the other Contracting Party.

ARTICLE 15

In a spirit of close cooperation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and the Annex.

ARTICLE 16

If either of the Contracting Parties considers it desirable to modify any provision of this Agreement or the Annex, it may request consultations with the other Contracting Party. Such consultations, which would be between the aeronautical authorities of the Contracting Parties and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of the request, unless both Contracting Parties agree to an extension of this period. Any modification agreed pursuant to such consultations shall come into force when it has been confirmed by an exchange of diplomatic notes.

ARTICLE 17

1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by direct negotiations.

2. If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body, or, at the request of one of the Contracting Parties such dispute may be submitted for decision to a Tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two arbitrators. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute and the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In this case, the third arbitrator shall be a national of a third State and shall act as President of the Tribunal.

3. The Contracting Parties undertake to comply with any decision given under paragraph 2 of this Article.

4. The expenses of the Tribunal will be shared equally between the Contracting Parties.

5. If and so long as either Contracting Party fails to comply with a decision given under paragraph 2 of this Article, the other Contracting Party may limit, withhold or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default or to the designated airline in default.

ARTICLE 18

Either Contracting Party may at any time give notice by diplomatic note to the other Contracting Party of its decision to terminate this Agreement; such notice shall be communicated simultaneously to the International Civil Aviation Organization. In this case the Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party, unless the said notice of termination is withdrawn by mutual agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

ARTICLE 19

The present Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.

ARTICLE 20

If a general multilateral air convention comes into force in respect of both Contracting Parties, consultations may be held between the Contracting Parties with a view to determining the extent to which the present Agreement is affected by the provisions of the multilateral convention.

ARTICLE 21

1. The provisions of this Agreement shall be applied provisionally from the date of its signature. This Agreement shall enter into force on the date of the last Note by one of the Contracting Parties to the effect that it has carried out the constitutional formalities required for its entry into force.

2. The present Agreement shall, on the date of its entry into force, replace the Agreement between the Government of Canada and the Government of the French Republic for air services between and beyond their respective territories, signed at Ottawa on August 1, l950, as amended.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments have signed this Agreement.

DONE in two copies at Paris this 15th day of June in the English and French languages, each version being equally authentic.

Otto Lang

FOR THE GOVERNMENT OF CANADA

Bernard Destremau

FOR THE GOVERNMENT OF THE FRENCH REPUBLIC

ANNEX

FRENCH ROUTE SCHEDULE

Routes on which air services may be operated in both directions by the designated airline or airlines of the Government of France.

Note on French route schedule

⁽¹⁾ No rights beyond Toronto except for transit rights to Los Angeles.

ANNEX

CANADIAN ROUTE SCHEDULE

Routes on which air services may be operated in both directions by the designated airline or airlines of the Government of Canada.

Notes on Canadian route schedule

(1) The four points in Africa may be selected freely by the Government of Canada, with the exception of the countries included in the following: Algeria, Morocco, Tunisia, Libya, The Congo, Gabon, Central African Republic, Chad, Niger, Upper Volta, Benin, Senegal, Ivory Coast, Mauritania, Togo, Mali, Guinea, Cameroon, Zaïre, Ghana, Sierra Leone, Liberia, Nigeria, Equatorial Guinea, Angola, Rhodesia, Malawi, Zambia, Botswana, Lesotho, Mozambique, Swaziland, Southwest Africa and the Republic of South Africa, unless these are stipulated by mutual agreement between the Contracting Parties.

(2) The Government of Canada may freely determine the points served in Asia, with the exception of points located in the following countries: Bahrain, Oman and Sri Lanka, and points located east of India which are to be agreed upon by mutual consent of the two aeronautical authorities.

(3) The designated airline of the Government of Canada may transport stopover traffic on its services between Pointe à Pitre and Fort de France.

GENERAL NOTE ON THE TWO ROUTE SCHEDULES

(1) The designated airlines of the two Contracting Parties may choose not to service one or more points on the specified routes, provided that the point of origin of these routes is located in the territory of the Contracting Party designating the airline.

(2) The airlines designated by the two Contracting Parties shall be entitled to terminate their services to the territory of the other Contracting Party, if they choose to do so, at any of the points located beyond the said territory.

(3) The airlines designated by the two Contracting Parties may alter the order in which points are served over all or part of the services agreed upon.

(4) Unless otherwise stated, the airlines designated by the two Contracting Parties may serve other points on the specified routes, with the reservation that no Fifth Freedom or stopover rights shall be exercised between these points and the territory of the other Contracting Party.