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Exchange of Notes constituting an Agreement between the Government of Canada and the Government of India to amend the Agreement on Air Services of July 20, 1982, as amended [1998] CATSer 27 (4 December 1998)

E103140 - CTS 1998 No. 31

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

I

The Deputy High Commissioner for Canada to the Joint Secretary for the Ministry of Civil Aviation of India

CANADIAN HIGH COMMISSION

04 December 1998

Note No. 0295

Mr. Anil Baijal
Joint Secretary
Ministry of Civil Aviation
For the Government of India

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, and the Memorandum of Understanding of 10 February, 1987.

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

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

2. Delete the Memorandum of Understanding of 10 February 1987 and substitute therefor the attached Memorandum of Understanding dated 04 December 1998.

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

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

D. E. Waterfall

Deputy High Commissioner
For the Government of Canada

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 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 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 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 on 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 archipelagoes 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.

k) The points in column (2) of Route 2 above may be recommended by the two designated airlines for the agreement of the Contracting Parties.

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 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 column (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 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 traffic 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 intervals of no less than six months upon notification to the aeronautical authorities of the other Contracting Party.

h) The points in column (2) of Route 2 above may be recommended by the two designated airlines for the agreement of the Contracting Parties.

MEMORANDUM OF UNDERSTANDING

Further to Article XI of the Air Services Agreement between Canada and India signed on 20 July 1982, the arrangements set out below shall govern the operation of the services established in the Annex of the said Agreement (ASA).

1. For the operation of passenger/combination services by the airline designated by the Government of Canada on Route 1 of Section I and by the airline designated by the Government of India on Route 1 of Section II of the Annex to the ASA, the total number of seats operated shall not exceed 2100 per week in each direction.

2. The total number of one-way fifth freedom passengers carried into and/or out of the territory of the other Contracting Party for services operated on Route 1 of either Section in any calendar year shall not exceed 85,000 passengers or 50% of seats operated calculated annually, whichever is greater, but in any case shall not exceed 110,000 passengers per annum.

3. The operation of passenger/combination services by the airline designated by the Government of Canada on Route 2 of Section I and by the airline designated by the Government of India on Route 2 of Section II of the Annex to the ASA shall not exceed 2 frequencies per week in each direction.

4. The operation on Routes 2 of Section I and Section II of the Annex to the ASA will be without the exercise of fifth freedom rights and such operations would be governed by a commercial agreement between the two designated airlines.

5. Any increase in the limitations set out above in paragraphs 1, 2 and 3 may be agreed between the airlines designated by the Government of Canada and the Government of India for Route 1 of Section I and Route 1 of Section II and Route 2 of Section 1 and Route 2 of Section II respectively. Such increase shall be subject to the approval of the two aeronautical authorities of the two countries. Such an agreed increase shall be notified to the aeronautical authorities for approval at least 30 (thirty) days before its intended implementation.

6. When fifth freedom rights are being exercised at European points on either Route 1 of Section I or Route 1 of Section II, any operation through two European points shall be assumed to be exercising fifth freedom rights at both those points.

7. The designated airline of each Contracting Party shall operate with aircraft not exceeding the capacity of a Boeing 747, but excluding supersonic aircraft.

8. The right to operate all-cargo services on Routes 1 and 2 of Section I and II shall be subject to determination of capacity entitlement in pursuance of Article XI of the Agreement. For this purpose, the airlines of the two Contracting Parties shall determine capacity needed and recommend to the two Governments for approval. A commercial arrangement shall cover carriage of cargo by the two designated airlines on all-cargo services.

9. This Memorandum shall constitute an integral part of the Agreement between Government of India and Government of Canada on Air Services signed at New Delhi on 20 July 1982 as amended. This Memorandum shall substitute for the Memorandum of Understanding of 10 February 1987.

DONE at New Delhi on 04 December 1998.

Mr. D. E. Waterfall
Deputy High Commissioner

FOR THE GOVERNMENT OF CANADA

Mr. Anil Baijal
Joint Secretary

FOR THE GOVERNMENT OF INDIA

II

The Joint Secretary of the Ministry of Civil Aviation of India to the Deputy High Commissioner for Canada

MINISTRY OF CIVIL AVIATION

Dated 04 December, 1998

No.AV.12013/11/96-A

Mr. Don Waterfall,
Deputy High Commissioner,
Canadian High Commission,
New Delhi

Excellency,

I have the honour to refer to your Note No. 0295 of 04 December, 1998 that reads as follows:

"I have the honour to refer to the Agreement between the Government of India and the Government of Canada on Air Services of 20th July, 1982, and the Memorandum of Understanding of 10th February, 1987.

I have the further honour to propose, on behalf of the Government of Canada 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. Delete the Memorandum of Understanding of 10th February, 1987 and substitute therefore the attached Memorandum of Understanding dated 04 December 1998,

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

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

I have the honour to confirm that my Government agrees with the proposal contained in your Note No. 0295 and that your Note, which is authentic in English and French, and this reply, which is authentic in English and Hindi, shall constitute an Agreement between our Governments and that it shall enter into force on this date.

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

Anil Baijal

Joint Secretary