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Exchange of Notes between the Government of Canada and the Government of the Federal Republic of Germany amending the Air Transport Agreement signed at Ottawa on March 26, 1973 [1983] CATSer 3 (20 January 1983)

E100059 - CTS 1983 No. 4

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AMENDING THE AIR TRANSPORT AGREEMENT SIGNED AT OTTAWA ON MARCH 26, 1973

I

The Ambassador of Canada to the Minister of Foreign Affairs of the Federal Republic of Germany

BONN, December 16, 1982

His Excellency Hans Dietrich Genscher,
The Minister of Foreign Affairs,
Bonn

Excellency,

I have the honour to refer to Article 2 of the Air Transport Agreement between the Federal Republic of Germany and Canada signed at Ottawa on March 26, 1973, and to recent bilateral consultations on modifications to the Route Schedule agreed by Exchange of Notes on March 26, 1973, and to propose, on behalf of the Government of Canada, that henceforth air services may be operated on the routes specified in the following Route Schedule:

I. Routes to be operated by airlines designated by the Federal Republic of Germany:

(1) No fifth freedom traffic rights shall be exercised between any of the intermediate points and points in Canadian territory.

(2) In-transit traffic originating in or destined for points in third countries may be carried into and out of Toronto and Montreal, with stopover privileges.

(3) In-transit traffic originating in or destined to points in California may be carried into and out of points in Alberta, with stopover privileges, on the understanding that no more than one California point may be served in conjunction with each point in Alberta.

(4) No beyond point may be served in conjunction with Vancouver.

(5) From January, 1982, fifth freedom traffic rights may be exercised by one designated airline of the Federal Republic of Germany between Montreal and one point in Florida. As an alternative, fifth freedom rights may be exercised by the designated airline to two points in the continental United States excluding points in the states of California, Colorado, Florida, Georgia, Oregon, Texas and Washington. Six months notification shall be given to aeronautical authorities prior to changing between these alternatives. No other fifth freedom traffic rights shall be exercised between points in Canada and points beyond except subject to agreement pursuant to the consultative procedures in Article 15 of the Agreement.

(6) Services to either of the two points in Alberta, at the option of the Federal Republic of Germany, may be introduced from January 1, 1983. Services to the other point may be introduced from January 1, 1985.

(7) One-stop services to Vancouver via any other Canadian point on the route schedule may be introduced from January 1, 1983. Non-stop services may be introduced from January 1, 1987, or from the date when a designated Canadian airline commences non-stop operation between Vancouver and the Federal Republic of Germany, whichever is sooner.

II. Routes to be operated by airlines designated by Canada:

(1) Fifth freedom traffic rights may be exercised by one designated Canadian airline between intermediate points and points in the territory of the Federal Republic of Germany.

(2) Fifth freedom traffic rights may be exercised by one designated Canadian airline between the Federal Republic of Germany and points beyond.

(3) In-transit traffic originating in or destined for points in third countries may be carried into and out of points in the Federal Republic of Germany, with stopover privileges.

III. A designated airline may, if it so desires, omit one or more of the points on the specified routes, providing that the point of origin of such a route lies in the territory of the Contracting Party that has designated the airline.

I have also the honour to propose that Paragraph 5 of Article 9 of the Agreement shall henceforth not be applied to any air services operated pursuant to the Agreement.

If the foregoing is acceptable to the Government of the Federal Republic of Germany, I have the honour to propose that this Note, which is equally authentic in English, French and German, and your reply confirming the acceptability of its provisions shall constitute an arrangement between our two Governments which shall enter into force on the date of your reply.

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

Klaus Goldschlag

Ambassador

II

(Translation)

The Minister of Foreign Affairs of the Federal Republic of Germany to the Ambassador of Canada

BONN, 20 January 1983

N° 423-455.00 KAN

His Excellency Klaus Goldschlag,
Ambassador of Canada,
Bonn

Excellency,

I have the honour to acknowledge receipt of your Note of 16 December 1982 in which you propose, on behalf of your Government, the conclusion of a Route Schedule agreement between the Government of the Federal Republic of Germany and the Government of Canada. In the agreed German version your Note reads as follows:

“(See Canadian Note of December 16, 1982)”

I have the honour to inform you that the proposed Route Schedule is acceptable to the Government of the Federal Republic of Germany. Accordingly, your Note and this Note in reply thereto shall constitute an agreement between our two Governments which shall enter into force on the date of this Note. The agreed versions of your Note of 16 December 1982 in the English and French languages are enclosed.

Accept, Excellency, the assurances of my highest consideration.

Hans Dietrich Genscher

Minister of Foreign Affairs