Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Exchange of Notes constituting an Agreement between the Government of Canada and the Government of the Hellenic Republic amending the Agreement on Air Transport, done at Toronto on August 20, 1984 [1995] CATSer 17 (19 July 1995)

E100247 - CTS 1995 No. 34

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE HELLENIC REPUBLIC AMENDING THE AGREEMENT ON AIR TRANSPORT, DONE AT TORONTO ON AUGUST 20, 1984

I

The Minister of Foreign Affairs of Canada to the Ambassador of the Hellenic Republic in Canada

MINISTER OF FOREIGN AFFAIRS

OTTAWA, June 23, 1995

Note No. TPS0138

His Excellency Apostolos Papasliotis
Ambassador of the Hellenic Republic
Ottawa

Excellency,

I have the honour to refer to the Greek Embassy's Note number AS 1097 informing of the Greek competent authority's approval of the Agreed Minute from the October 1994 consultations on the Agreement between the Government of Canada and the Government of the Hellenic Republic on Air Transport, done at Toronto, on August 20, 1984.

Pursuant to those consultations, I now have the honour to inform the Embassy that Canadian authorities have likewise approved the Agreed Minute and to propose, on behalf of the Government of Canada, the following Amendments to the 1984 Agreement:

(a) A new Annex, Schedule of Routes, as set out in Attachment 1 of this Note, which will supersede and replace the Annex in the 1984 Agreement;

(b) revised Article IX, including provisions for change of aircraft, as set out in Attachment 2 of this Note, which will supersede and replace Article IX in the 1984 Agreement.

If the foregoing is acceptable to the Government of the Hellenic Republic, I have the honour to propose that this Note together with its Attachments, which are equally authentic in English and French, together with your reply to that effect, shall constitute an Agreement between our two Governments amending the 1984 Agreement, which shall enter into force on the date of your reply.

I avail myself of this opportunity to extend to Your Excellency the assurances of my highest consideration.

André Ouellet

ATTACHMENT 1

SCHEDULE OF ROUTES

Section I

The following route may be operated by the airline designated by the Government of the Hellenic Republic:

(1) Any point or points specified above may be omitted on any or all services but all services shall originate or terminate in Greece.

(2) All traffic rights shall be exercised only by the designated airline and shall not be leased or subcontracted.

(3) Service to Toronto shall be subject to the special conditions related to exemption from the moratorium on access of new foreign carriers to the Lester B. Pearson International Airport as set out in the Aide Mémoire "Access to Toronto International Airport by Foreign Carriers" dated October 31, 1983 and issued by the Department of External Affairs of Canada.

(4) Fifth freedom traffic rights shall not be exercised except between Montreal and Boston or between Montreal and Chicago. Fifth freedom traffic rights shall not be available until the airline designated by the Government of Canada implements any of the fifth freedom traffic rights granted to it under the Agreement.

(5) Fifth freedom traffic rights shall not be exercised on any routing that includes services at Toronto.

(6) The designated airline of the Hellenic Republic may exercise stop-over privileges at Montreal which shall not exceed fifteen days.

(7) For the purpose of Article IX (5) of the Agreement, the designated airline shall be entitled to operate a minimum of two flights per week in each direction with its own equipment.

Section II

The following route may be operated by the airline designated by the Government of Canada:

(1) Any point or points specified in the above may be omitted on any or all services but all services shall originate or terminate in Canada.

(2) All traffic rights shall be exercised only by the designated airline and shall not be leased or subcontracted.

(3) In the event that the Canadian designated airline does not operate direct air services to Greece, the Canadian designated airline shall have the right to operate its agreed services between Canada and Greece via a third country by blocking space and selling transportation under its own code on the flights of any single airline authorized by the Hellenic Republic to operate air services between that third country and Greece. The aeronautical authorities of the Hellenic Republic shall expedite the necessary authorizations to permit such services by the Canadian designated airline.

(4) Points to be named shall not include Cyprus, Turkey or Israel.

(5) Points named may be changed on sixty days notice to the aeronautical authorities of the Hellenic Republic, or a shorter period as authorized by the said aeronautical authorities.

(6) The total number of intermediate and beyond points named at any one time shall not exceed five of which no more than four may be intermediates.

(7) The designated airline of Canada may exercise stop-over privileges which shall not exceed fifteen days.

(8) For the purposes of Article IX (5) of the Agreement, on flights operated as outlined in Note (3) above the Canadian designated airline may offer up to daily service provided that the total capacity offered on this basis does not exceed 800 seats per week in each direction unless otherwise agreed in accordance with Article IX (5) of the Agreement.

(9) For the purposes of Article IX (5) of the Agreement, the designated airline shall be entitled to operate a minimum of two flights per week in each direction with its own equipment.

ATTACHMENT 2

ARTICLE IX

1. There shall be fair and equal opportunity for the designated airline of each Contracting party to operate the agreed services on the routes specified in the Annex to this Agreement.

2. In operating the agreed services, the designated airline of each Contracting Party shall take into account the interest of the designated airline of the other Contracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same route.

3. The agreed services provided by the designated airlines of the Contracting Parties shall bear reasonable relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, or capacity adequate to meet the current and reasonable anticipated requirements for the carriage of passengers, cargo and mail between the territories of the Contracting Parties which have designated 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 States other than that designating the airline shall be made in accordance with the general principle 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 area through which the airline passes after taking account of the other transport services established by airlines of the States comprising the area; and

(c) the requirements of through airline operation.

5. The capacity to be provided on the specified routes, i.e. frequency of services, and type and configuration of aircraft, 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 pursuant to Article XVI of this Agreement.

6. A designated airline of one Contracting Party may make a change of aircraft in the territory of the other Contracting Party or at an intermediate point in third countries on the routes specified in this Agreement under the following conditions:

a) that the change of aircraft is justified by reason of economy of operation;

b) that the capacity offered by the designated airline on the aircraft used on the sector of the route more distant from the territory of the Contracting Party designating the airline is not larger than that used on the nearer sector;

c) that the aircraft used on the sector of the route more distant from the territory of the Contracting Party designating the airline shall operate in connection with the agreed service provided with the aircraft used on the nearer sector and shall be scheduled so to do;

d) that there is an adequate volume of through traffic;

e) that the airline shall not hold itself out, directly or indirectly and whether in timetables, computer reservation systems, fare quote systems or advertisements, or by other like means, as providing any service other than the agreed service on the relevant specified routes;

f) that, where an agreed service includes a change of aircraft, this fact is shown in all timetables, computer reservation systems, fare quote systems, advertisements and other like means of holding out the service;

g) that, where a change of aircraft is made in the territory of the other Contracting Party, the number of outgoing flights shall not exceed the number of incoming flights, unless otherwise authorized by the aeronautical authorities of that other Contracting Party or specifically provided for in this Agreement; and

h) that all operations involving change of aircraft shall be conducted in conformity with the capacity provisions of this Agreement.

7. The provisions of paragraph 6 of this Article shall

(a) not affect the ability of a designated airline to change aircraft in the territory of the Contracting Party designating that airline;

(b) not preclude a designated airline authorized to provide air services on the routes specified in this Agreement, subject to the regulatory requirements normally applied by the aeronautical authorities to such joint operations, from blocking space and selling transportation under its own code on flights of any other airline also authorized to provide such services.

II

The Chargé d'Affaires a.i. of the Hellenic Republic to the Minister of Foreign Affairs of Canada

EMBASSY OF GREECE

OTTAWA, July 19, 1995

Note No. AS 659

The Hon. André Ouellet P.C., Q.C., M.P.
Minister of Foreign Affairs
Ottawa

Excellency,

I have the honour to acknowledge the receipt of your Excellency's Note No. TPS 0138 of June 23rd 1995, which reads as follows:

(See the Note from Canada of June 23, 1995)

I have the honour to confirm that the proposals as set out in your Excellency's Note No. TPS 0138/23.6.95, are acceptable to the Government of the Hellenic Republic and that together with its Attachments, which are equally authentic in English and French, and this reply shall constitute an agreement between our two Governments, which shall enter into force on this day's date.

Please accept, Excellency, the assurances of my highest consideration.

Athanassios M. Valassidis

Chargé d'Affaires a.i.