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Agreement between the Government of Canada and the Government of the Hashemite Kingdom of Jordan on Air Transport [1990] CATSer 10 (10 May 1990)

E100236 - CTS 1990 No. 9

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN ON AIR TRANSPORT

The Government of The Hashemite Kingdom of Jordan and the Government of Canada, Hereinafter referred to as the Contracting Parties,

Being Parties to the Convention on International Civil Aviation opened for signature at Chicago, on the 7th day of December, 1944,

Desiring to conclude an agreement on air services, Supplementary to the said Convention,

Have agreed as follows:

ARTICLE 1

Definitions

For the purpose of this Agreement, unless otherwise stated:

(a) "Aeronautical Authorities" means, in the case of The Hashemite Kingdom of Jordan, Civil Aviation Authority Ministry of Transport and Communication and, in the case of Canada, the Minister of Transport and the National Transportation Agency of Canada or, in both cases, any other authority or person empowered to perform the functions exercised by the said authorities;

(b) "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;

(c) "Agreement" means this Agreement, the Annex attached thereto, and any amendments to the Agreement or to the Annex;

(d) "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944 and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted by both Contracting Parties;

(e) "Designated airline" means an airline which has been designated and authorized in accordance with Articles IV and V of this Agreement;

(f) "Tariffs" means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for other services performed by the carrier in connection with air transportation, 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 meanings respectively assigned to them in Articles 2 and 96 of the Convention.

ARTICLE II

Grant of Rights

1. Each Contracting Party grants to the other contracting party, the following rights for the conduct of international air services by the airline or airlines designated by that other Contracting Party:

(a) to fly without landing across its territory;

(b) to land in its territory for non-traffic purposes; and except as otherwise specified in the Annex,

(c) to land in its territory for the purpose of taking up and discharging, while operating the routes specified in the Annex, international traffic in passengers, cargo and mail, separately or in combination.

2. The airlines of each Contracting Party, other than those designated under Article IV of this Agreement, shall also enjoy the rights specified in paragraph 1 (a) and (b) of this Article.

3. Nothing in paragraph 1 of this Article shall be deemed to confer on a designated airline of 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 III

Change of Aircraft

A designated airline of one Contracting party may make a change of aircraft at any point on the specified route on the following conditions:

(i) that it is justified by reason of economy of operation;

(ii) that the capacity of the aircraft used on the section of the route more distant from the territory of the Contracting Party designating the airline is not larger than that used on the nearer section;

(iii) that the aircraft of smaller capacity shall operate only in connection with the aircraft of larger capacity and shall be scheduled to do so; the former shall arrive at the point of change for the purpose of carrying traffic transferred from, or to be transferred into, the aircraft of larger capacity; and their capacity shall be determined with primary reference to this purpose;

(iv) that there is an adequate volume of through traffic;

(v) that the airline shall not hold itself out to the public by advertisement or otherwise as providing a service which originates at the point where the change of aircraft is made, unless otherwise permitted by the Annex;

(vi) that in connection with any one aircraft flight into the territory of the other Contracting Party, only one flight may be made out of that territory unless the airline is authorized by the aeronautical authorities of the other Contracting Party to operate more than one flight; and

(vii) that the provisions of Article XI of the present Agreement shall govern all arrangements made with regard to change of aircraft.

ARTICLE IV

Designation

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

ARTICLE V

Authorization

1. Following receipt of a notice of designation or of substitution pursuant to Article IV of this Agreement, the aeronautical authorities of the other Contracting Party shall, consistent with its laws and regulations, grant without delay to the airline or airlines so designated the appropriate authorizations to operate the agreed services for which that airline has been designated.

2. Upon receipt of such authorizations the airline may begin at any time to operate the agreed services, in whole or in part, provided that the airline complies with the applicable provisions of this Agreement in particular that tariffs are established in accordance with the provisions of Article XIV of this Agreement.

ARTICLE VI

Revocation and Limitation of Authorization

1. The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article V of this Agreement with respect to an airline designated by the other Contracting Party, to revoke or suspend such authorizations or impose conditions, temporarily or permanently:

(a) in the event of failure by such airline to qualify before the aeronautical authorities of that Contracting Party under the laws and regulations normally and reasonably applied by these authorities in conformity with the Convention;

(b) in the event of failure by such airline to comply with the laws and regulations of that Contracting Party;

(c) 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; and

(d) in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

2. Unless immediate action is essential to prevent infringement of the laws and regulations referred to above, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party in conformity with Article XIX of this Agreement.

ARTICLE VII

Application of Laws

1. The laws, regulations and procedures of one Contracting Party relating to the admission to, remaining in, 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 or airlines of the other Contracting Party upon entrance into, departure from and while within the said territory.

2. The laws and regulations of one Contracting Party respecting entry, clearance, transit, immigration, passports, customs and quarantine shall be complied with by the designated airline or airlines 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 VIII

Recognition of Certificates and Licences

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 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 or in respect of an aircraft operating the agreed services on the routes specified in the Annex, 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 in accordance with Article XIX of this Agreement 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 VI of this Agreement.

ARTICLE IX

Aviation Security

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.

2. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, Signed at Tokyo on September 14, 1963, the Convention for the Suppression on Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on September 23, 1971, and any other multilateral agreement governing aviation security binding upon both Contracting Parties.

3. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

4. The Contracting Parties shall act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory act in conformity with such aviation security provisions.

5. Each Contracting Party agrees that its operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 above required by the other Contracting Party for entry into, departure from, or while within the territory of that Other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding and loading.

6. Each Contracting Party shall give sympathetic consideration to any request from the other Contracting Party for reasonable special Security measures to meet a particular threat.

7. Each Contracting Party shall also give sympathetic consideration to a request from the other Contracting Party to enter into reciprocal administrative arrangements whereby the aeronautical authorities of one Contracting Party could make in the territory of the other Contracting Party their own assessment of the security measures being carried out by aircraft operators in respect of flights destined to the territory of the first Contracting Party.

8. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

9. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. Failure to reach a satisfactory agreement will constitute grounds for the application of Article VI of this Agreement.

ARTICLE X

Airport and Facility Charges

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

2. Each Contracting Party shall encourage consultations between its competent charging authorities and the designated airlines using the services and facilities, and where practicable, throught the airlines' representative organizations. Reasonable notice should be given to users of any proposals for changes in user charges to enable them to express their views before changes are made.

3. Neither of the Contracting Parties shall give preference to its own or any other airline over an airline engaged in similar international air services of the other Contracting Party in the application of its customs, immigration, quarantine and similar regulations or in the use of airports, airways, air traffic services and associated facilities under its control.

ARTICLE XI

Capacity

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

2. In operating the agreed services, the designated airlines of each Contracting Party shall take into account the interest of the designated airline or airlines of the other Contracting Party so as not to affect unduly the services which the latter provide.

3. The agreed services provided by the designated airlines of the Contracting Parties shall bear reasonable relationships to the requirements of the public for transportation on the specified routes and shall have as the primary objective the provision, at a reasonable load factor, of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail between the territories of the two Contracting Parties.

4. Except as otherwise specified in the Annex to this Agreement the capacity to be provided on the specified routes shall be agreed between the designated airlines in accordance with the principles laid down in this Article and subject to the approval of the aeronautical authorities of the Contracting Parties. In the absence of an agreement between the designated airlines, the matter shall be referred to the aeronautical authorities of the Contracting Parties which will endeavour to resolve the problem, if necessary, pursuant to Article XIX of this Agreement.

ARTICLE XII

Statistics

1. The aeronautical authorities of each Contracting Party shall provide or shall cause their designated airlines to provide the aeronautical authorities of the other Contracting Party, upon request, periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the operation of the agreed services, including, but not limited to, statements of statistics on a sample basis related to the Canadian and Jordanian originating traffic carried by its designated airlines between points on the routes specified in the Annex to this Agreement showing the on-line initial origins and final destinations of the traffic.

2. The details of the methods by which such statistics shall be provided shall be agreed upon between the aeronautical authorities and implemented without delay after a designated airline of one or both Contracting Parties commences operation, in whole or in part, on the agreed services.

ARTICLE XIII

Customs Duties and Other Charges

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 or airlines of such other Contracting Party operating the agreed services, as well as printed ticket stock, air way bills, any printed material which bears the insignia of the company printed thereon and usual publicity material distributed without charge by that designated airline.

2. The exemptions 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 exemption, provided such items are not alienated in the territory of the said Contracting Party.

3. The regular airborne equipment, as well as the materials and supplies normally retained on board the aircraft of the designated airline or airlines of either Contracting Party maybe unloaded in the territory of the other Contracting Party only with the approval of the Customs authorities of that territory. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with Customs regulations.

ARTICLE XIV

Tariffs

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

2. The tariffs referred to in paragraph 1 of this Article including but not limited to the combination of fares for transportation to and from third countries shall be agreed upon between the designated airlines of the Contracting parties. Such fares and combination of fares and conditions shall not, however, be lower or more liberal than those applied by third and fourth freedom carriers between the territory of either Contracting Party and third countries concerned. Such agreement may be reached through coordination with other airlines.

3. Tariffs referred to in paragraph 2 of this Article shall be submitted to and received by the aeronautical authorities of the Contracting Parties at least thirty (30) days before the proposed date of their introduction, unless the aeronautical authorities of both Contracting Parties permit the filing to be made on shorter notice. Tariffs submitted to the aeronautical authorities of both Contracting Parties shall be in such a form as the aeronautical authorities of each Contracting Party may require. If within fifteen (15) days from the date of receipt the aeronautical authorities of one Contracting Party have not notified the aeronautical authorities of the other Contracting Party that they are dissatisfied with the tariff submitted to them, such tariff shall be considered to be accepted or approved and shall come into effect on the date stated in the proposed tariff. In the event that a shorter period for the submission of a tariff is permitted by the aeronautical authorities, they may also agree that the period for giving notice of dissatisfaction be less than fifteen (15) days.

4. If a tariff cannot be established in accordance with the provisions of paragraph 2 of this Article or if during the period applicable, in accordance with paragraph 3 of this Article a notice of dissatisfaction has been given, the aeronautical authorities of the Contracting Parties shall endeavour to determine the tariff by agreement between themselves. Consultations between the aeronautical authorities will be held in accordance with Article XIX of this Agreement.

5. If the aeronautical authorities cannot agree on the determination of a tariff under paragraph 4 of this Article, either contracting Party may require that the dispute be settled in accordance with the provisions of Article XXI of this Agreement.

6. (a) No tariff shall come into force if the aeronautical authorities of either Contracting Party have given notice of dissatisfaction or a decision on the tariff is not taken under the provisions of paragraph 3 of Article XXI of this Agreement

(b) The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provisions of this Article or of Article XXI of this Agreement.

7. The aeronautical authorities of both Contracting Parties shall endeavour to ensure that: (a) the tariffs charged and collected conform to the tariffs accepted or approved by both aeronautical authorities; and (b) no airline rebates any portion of such tariffs by any means.

ARTICLE XV

Sales and Transfer of Funds

1. Each designated airline shall have the right to engage in the sale of air transportation in the territory of the other Contracting Party directly and, at its discretion through its agents. Each designated airline shall have the right to sell transportation in the currency of that territory or, at its discretion, in freely convertible currencies of other countries, and any person shall be free to purchase such transportation in currencies accepted for sale by that airline.

2. Each designated airline shall have the right to convert and remit to its country, on demand, funds obtained in the normal course of its operations. Conversion and remittance shall be permitted without restrictions at the foreign exchange market rates for current payments prevailing at the time of submission of the request for transfer, and shall not be subject to any charges except normal service charges collected by banks for such transactions.

ARTICLE XVI

Taxation

Revenues, gross receipts, income or profits from the operation of aircraft in international traffic derived by a designated airline, which is resident for purposes of income taxation in the territory of one contracting Party, including participation in interairline commercial agreements or joint business ventures shall be exempt from any income tax and all other taxes imposed by the government of the other Contracting Party. Additionally, airline capital and assets shall be exempt from taxes or charges.

ARTICLE XVII

Airline Representatives

1. The designated airline or airlines of one Contracting Party shall be allowed, on the basis of reciprocity, to maintain in the territory of the other Contracting Party their representatives and commercial, operational and technical staff as required in connection with the operation of agreed services.

2. These staff requirements may, at the option of the designated airline or airlines of one Contracting Party, and subject to the applicable national laws and regulations be satisfied by its own personnel or by using the services of any other organization, company or airline operating in the territory of the other Contracting Party, and authorized to perform such services in the territory of that Contracting Party.

3. The representatives and staff shall be subject to the laws and regulations in force of the other Contracting Party, and, consistent with such laws and regulations, each Contracting Party shall, on the basis of reciprocity and with the minimum of delay, grant the necessary employment authorizations, visitor visas or other similar documents to the representatives and staff referred to in paragraph 1 of this Article.

4. Both Contracting Parties shall dispense with the requirement of employment authorizations for personnel performing certain temporary duties not exceeding ninety (90) days.

ARTICLE XVIII

Applicability to Charter Flights

1. The provisions set out in Articles VII, VIII, IX, X, XII, XIII, XV, XVI, XVII and XIX of this Agreement shall be applicable also to charter flights operated by an air carrier of one Contracting Party into or from the territory of the other Contracting Party and to the air carrier operating such flights.

2. The provisions of paragraph 1 of this Article shall not affect national laws and regulations governing the right of air carriers to operate charter flights or the conduct of air carriers or other parties involved in the organization of such operations.

ARTICLE XIX

Consultations

1. In a spirit of close co-operation, 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 of its Annex.

2. Such consultations shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise agreed by the Contracting Parties.

ARTICLE XX

Modification of Agreement

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

ARTICLE XXI

Settlement of Disputes

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 negotiation.

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 either Contracting Party may submit the dispute 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 all cases the third arbitrator shall be a national of a third State, shall act as President of the Tribunal and shall determine the place where arbitration will be held.

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

4. Each Contracting Party will be responsible for the cost of its designated arbitrator and subsidiary staff provided and both Contracting Parties shall share equally all such further expenses involved in the activities of the Tribunal including those of the president.

5. If and so long as either Contracting Party fails to comply with any 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 XXII

Termination

Either Contracting Party may at any time from the entry into force of this Agreement give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement; such notice shall be communicated simultaneously to the International Civil Aviation Organization. The Agreement shall terminate one (1) year after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual consent 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 XXIII

Registration with ICAO

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

ARTICLE XXIV

Multilateral Conventions

If a general multilateral air convention comes into force in respect of both Contracting Parties, the provisions of such convention shall prevail. Consultations in accordance with Article XX of this Agreement may be held with a view to determining the extent to which this Agreement is affected by the provisions of the multilateral convention.

ARTICLE XXV

Entry into Force

This Agreement shall enter into force on the date of signature.

ARTICLE XXVI

Titles

Titles used in this Agreement are for reference purposes only.

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

DONE in duplicate at Amman on this 10th day of May 1990 in the Arabic, English and French languages, each version being equally authentic.

Michael Bell

FOR THE GOVERNMENT OF CANADA

Mahmoud Balgaz

FOR THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN

ANNEX

SCHEDULE OF ROUTES

Section I

The following route may be operated in each direction by an airline or airlines designated by the Government of the Hashemite Kingdom of Jordan:

Notes:

1. Intermediate points may be operated as beyond points.

2. Any point or points may at the option of the designated airline or airlines be omitted on any or all flights provided that all services originate or terminate in the Hashemite Kingdom of Jordan.

3. Notwithstanding Note 2 above, a stop at New York is mandatory on services to or from Montreal.

4. The point in Europe other than Brussels to be agreed may be changed subject to the approval of the Government of Canada and thereafter services may be initiated upon sixty (60) days notice to the aeronautical authorities of Canada.

5. No fifth freedom rights shall be available between any points on the specified routes, including between Brussels (or the point to be agreed) and New York. In-transit rights only shall be available at intermediate points for the purpose of co-mingling traffic between Jordan and the intermediate or beyond points with traffic between Jordan and Canada.

6. Pursuant to the provisions of Article XI of the Agreement, the capacity to be operated by the designated airlines of the Hashemite Kingdom of Jordan shall be two weekly passenger combination flights with B-747 Combi or L1011-500 equipment in each direction, with a maximum of 300 seats per week available for sale in each direction.

7. Should a designated airline of the Hashemite Kingdom of Jordan provide a service to points beyond its home country in connection with the routes specified above, public advertising or other forms of promotion by such airline in the territory of the other country or in third countries may not employ the terms "single carrier" or "through service" or terms of similar import, and shall state that such service is by connecting flights, even when for operational reasons a single aircraft is used. The flight number assigned to services between the Hashemite Kingdom of Jordan and Canada shall not be the same as that assigned to flights beyond the home country of the airline performing the service.

8. A commercial agreement between the designated airlines of the Hashemite Kingdom of Jordan and Canada covering the operation of all agreed services, subject to the approval of the respective aeronautical authorities, shall be required during single-track operations.

ANNEX

SCHEDULE OF ROUTES

Section II

The following route may be operated in each direction by an airline or airlines designated by the Government of Canada:

Notes:

1. Intermediate points may be operated as beyond points.

2. Any point or points may at the option of the designated airline or airlines be omitted on any or all flights provided that all services originate or terminate in Canada.

3. Notwithstanding Note 2 above, a stop at an intermediate or beyond point is mandatory on services to or from Amman.

4. The point in the Middle East or North Africa to be agreed may be changed subject to the approval of the Government of the Hashemite Kingdom of Jordan and thereafter services may be initiated upon sixty (60) days notice to the aeronautical authorities of the Hashemite Kingdom of Jordan.

5. No fifth freedom rights shall be available between any points on the specified routes, including between Cairo (or the point in the Middle East or North Africa to be agreed) and Athens. Intransit rights only shall be available at intermediate points for the purpose of co-mingling traffic between Canada and the intermediate or beyond points with traffic between Canada and Jordan.

6. Pursuant to the provisions of Article XI of the Agreement, the capacity to be operated by the designated airlines of Canada shall be two weekly passenger combination flights with B-747 Combi or L-1011-500 equipment in each direction, with a maximum of 300 seats per week available for sale in each direction.

7. Should a designated airline of Canada provide a service to points beyond its home country in connection with the routes specified above, public advertising or other forms of promotion by such airline in the territory of the other country or in third countries may not employ the terms "single carrier" or "through service" or terms of similar import, and shall state that such service is by connecting flights, even when for operational reasons a single aircraft is used. The flight number assigned to services between Canada and the Hashemite Kingdom of Jordan shall not be the same as that assigned to flights beyond the home country of the airline performing the service.

8. A commercial agreement between the designated airlines of Canada and the Hashemite Kingdom of Jordan covering the operation of all agreed services, subject to the approval of the respective aeronautical authorities, shall be required during single-track.