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Exchange of Notes between the Government of Canada and the Government of India constituting an Agreement to Amend the Agreement on Air Services of July 20, 1982 [1987] CATSer 8 (10 February 1987)

E100072 - CTS 1987 No. 15

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF INDIA CONSTITUTING AN AGREEMENT TO AMEND THE AGREEMENT ON AIR SERVICES OF JULY 20, 1982

I

The Minister of External Affairs of India to the Secretary of State for External Affairs of Canada

NEW DELHI, February 10, 1987

Joe Clark
Secretary of State for External
Affairs of Canada

Excellency,

I have the honour to refer to the Agreement between the Government of India and the Government of Canada on Air Services of 20 July, 1982, the Memorandum of Understanding of the same date attached thereto, and the Memorandum of Understanding initialled on 18 October 1984, and to consultations between representatives of our two Governments held in Delhi from 8 December to 12 December, 1986.

I have the further honour to propose, on behalf of the Government of India that the above-mentioned Agreement be amended as follows:

1. Delete Section I and Section II of the Annex to the Agreement and substitute therefor the attached Section I and Section II, respectively.

2. Add to Article XIV of the Agreement a new paragraph to be numbered article XIV (2) which shall read as follows:

"2. The tariffs of the designated airline of one Contracting Party for carriage between the territory of the other Contracting Party and points on the agreed services in third countries can, for the same class of service, match but shall not be lower or their conditions less restrictive than the tariffs of the designated airline of the other Contracting Party or of the third countries involved."

3. Renumber existing paragraphs 2 to 9 of Article XIV to numbers 3 to 10.

4. Delete the Memorandum of Understanding of 20 July 1982 and the Memorandum of Understanding initialled on 18 October 1984 and substitute therefor the attached Memorandum of Understanding dated 10th February, 1987.

If the foregoing is acceptable to the Government of Canada, I propose that this Note, which is authentic in English and Hindi and your confirmatory reply thereto shall constitute an Agreement between our Government which shall enter into force on the date of your reply.

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

Narayan Datt Tiwari

Minister of External Affairs

II

The Secretary of State for External Affairs of Canada to the Minister of External Affairs of India

NEW DELHI, February 10, 1987

Shri N. D. Tiwari
Minister of External Affairs of India

Excellency,

I have the honour to refer to your Note No. AV.12013/1/83.A of February 10, 1987 that reads as follows:

"(See Indian Note of February 10, 1987)"

I have the further honour to confirm that my Government agrees with the proposals contained in Your Note No. AV.12013/1/83.A and that your Note, which is authentic in English and Hindi, and this reply, which is authentic in English and French, shall constitute an Agreement between our two Governments which shall enter into force on this date.

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

Joe Clark

The Secretary of State for External Affairs

ANNEX

Section I

An airline designated by the Government of Canada shall be entitled to operate air services in both directions on the routes specified in this section and to land for traffic purposes in the territory of India at the points therein specified; it being understood that only one airline may be designated to operate air services on each Route 1 and Route 2.

Note:

a) Any point or points specified above in columns (2), (3) and (4) may be omitted on any or all services but all services must originate from or terminate in Canada.

b) Points other than those in columns (2) and (4) may be served without traffic rights between such points and the points in column (3) subject to note (c).

c) Points in Europe shall be limited to points in countries excluding the Netherlands, Italy, Greece, Spain and Portugal. The point in Asia west of India shall be limited to countries other than Israel. If France is named as a point in Europe, traffic rights between France and India shall be limited to passenger rights only.

d) Traffic rights beyond India to a point outside of south east Asia shall be limited to all-cargo services only. Operation of passenger/combination services to a point beyond India outside south east Asia shall be subject to prior agreement between the two Contracting Parties.

e) Services continuing from points beyond India to Canada in an easterly direction on Route 1 shall be all-cargo services only. No same plane passenger/combination service shall operate beyond south east Asia to Canada.

f) In respect of all-cargo services on Route 1, subject to paragraphs (c) above and (h) below, the three intermediate and three beyond points served need not be identical to the three intermediate and three beyond points operated on passenger/combination services.

g) Bombay and Delhi shall not be served in the same flight.

h) Intermediate and beyond points may be changed at intervals of no less than six months upon notification to the aeronautical authorities of the other Contracting Party.

i) For the purpose of this Agreement, south east Asia comprises those continental margins and offshore archipelagos of Asia lying south of China, north of Australia and east of India, excluding Hong Kong and Bangladesh.

j) Service to Bombay shall be at times of day and at a terminal building acceptable to the Director General of Civil Aviation of India.

ANNEX

Section II

An airline designated by the Government of India shall be entitled to operate air services in both directions on the routes specified in this section and to land for traffic purposes in the territory of Canada at the points therein specified; it being understood that only one airline may be designated to operate air services on each of Route 1 and Route 2.

Note:

a) Any point or points specified above in columns (2), (3) and (4) may be omitted on any or all services but all services must originate from or terminate in India.

b) Points other than those in columns (2) and (4) may be served without traffic rights between such points and the points in column (3) subject to note (c).

c) Points in Europe shall be limited to points in countries excluding the Netherlands, Italy, Greece, Spain and Portugal. The point in Asia west of India shall be limited to countries other than Israel. If France is named as a point in Europe, traffic rights between France and Canada shall be limited to passenger rights only.

d) In respect of all-cargo services on Route 1, subject to paragraphs (b) and (c) above, the three intermediate points and one beyond point served need not be identical to the three intermediate points and one beyond point operated on passenger/combination services.

e) Service to Toronto shall be at times of day and at a terminal building acceptable to the Manager of Lester B. Pearson International Airport.

f) Points beyond the USA on Route 1 shall be served only on all-cargo services operated in a westerly direction. No same plane passenger/combination service shall operate beyond the United States to India.

g) Intermediate and beyond points may be changed at intervals of no less than six months upon notification to the aeronautical authorities of the other Contracting Party.