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Exchange of Notes between the Government of Canada and the Government of the Kingdom of Thailand constituting an Agreement amending the Agreement on Air Services, signed at Bangkok on May 24 1989, as amended [2000] CATSer 7 (11 April 2000)

E103563 - CTS 2000 No. 17

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF THAILAND CONSTITUTING AN AGREEMENT AMENDING THE AGREEMENT ON AIR SERVICES, SIGNED AT BANGKOK ON MAY 24, 1989, AS AMENDED

I

The Ministry of Foreign Affairs of the Kingdom of Thailand to the Canadian Embassy

BANGKOK, May 28, 1999

No. 0503/2774

The Ministry of Foreign Affairs of the Kingdom of Thailand presents its compliments to the Canadian Embassy and has the honour to refer to the consultations between the aeronautical authorities of the Kingdom of Thailand and of Canada held in Bangkok, February 8-9, 1999, during which they agreed to amend the Agreement between the Government of the Kingdom of Thailand and the Government of Canada on Air Services signed at Bangkok on May 24, 1989, through the addition of Route 3 to Section 1 for Thailand and the addition of Route 3 to Section 2 for Canada, of the Route Schedule Annex of the Agreement as follows:

Route 3

The following route may be operated on a code-share basis in each direction by two airlines designated by the Government of Thailand.

Notes:

(a) Subject to the regulatory requirements normally applied by the aeronautical authorities of Canada, the designated airline or airlines of Thailand shall have the right to enter into cooperative arrangements for the purpose of code-sharing, that is, selling transportation under its/their own code on flights operated by the designated airline or airlines of Canada and/or on flights operated by any third country airline or airlines. All airlines involved in such code-sharing arrangements shall hold the appropriate underlying authority. The designated airline or airlines of Thailand shall be permitted to transfer traffic between aircraft involved in code-sharing operations without restriction as to number, size and type of aircraft.

(b) There shall be no limitation on capacity to be offered by the designated airline or airlines of Thailand on code-share services referred to in Note (a) above.

(c) Fifth freedom rights shall not be available on code-shared flights. Intransit rights shall be available at Intermediate Points and at Points in Canada. Own stopover rights shall be available at Intermediate Points and at Points Beyond.

(d) Any Intermediate Point and/or Point Beyond may be omitted on any or all services, provided that all services originate or terminate in Thailand. Points in Canada may be served separately or in combination but on a code-share basis only.

Route 3

The following route may be operated on a code-share basis in each direction by two airlines designated by the Government of Canada:

(a) Subject to the regulatory requirements normally applied by the aeronautical authorities of Thailand, the designated airline or airlines of Canada shall have the right to enter into cooperative arrangements for the purpose of code-sharing, that is, selling transportation under its/their own code on flights operated by the designated airline or airlines of Thailand and/or on flights operated by any third country airline or airlines. All airlines involved in such code-sharing arrangements shall hold the appropriate underlying authority. The designated airline or airlines of Canada shall be permitted to transfer traffic between aircraft involved in code-sharing operations without restriction as to number, size and type of aircraft.

(b) There shall be no limitation on capacity to be offered by the designated airline or airlines of Canada on code-share services referred to in Note (a) above.

(c) Fifth freedom rights shall not be available on code-shared flights. Intransit rights shall be available at Intermediate Points and at Points in Thailand. Own stopover rights shall be available at Intermediate Points and at Points Beyond.

(d) Any Intermediate Point and/or Point Beyond may be omitted on any or all services, provided that all services originate or terminate in Canada. Points in Thailand may be served separately or in combination but on a code-share basis only.

If the foregoing amendments are acceptable to the Government of Canada the Ministry proposes that this Note, the text of which is equally authentic in English, French, and the Embassy's note in reply in confirmation thereto, shall constitute an agreement between our two Governments which shall enter into force on the date of the Embassy's Note in reply, in conformity with the provisions of Article 19 of the Agreement. Such agreement shall be an integral part of the Agreement between the Government of the Kingdom of Thailand and the Government of Canada on Air Services signed at Bangkok on May 24, 1989.

The Ministry of Foreign Affairs of the Kingdom of Thailand avails itself of this opportunity to renew to the Canadian embassy the assurances of its highest consideration.

Ministry of Foreign Affairs

II

The Embassy of Canada to the Ministry of Foreign Affairs of the Kingdom of Thailand

BANGKOK, April 11, 2000

Note No. 127

The Canadian Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of Thailand and has the honour to acknowledge receipt of the Ministry's Note 0503/2774 dated May 28 B.E. 2542 (1999), which reads as follows:

"The Ministry of Foreign Affairs of the Kingdom of Thailand presents its compliments to the Canadian Embassy and has the honour to refer to the consultations between the aeronautical authorities of the Kingdom of Thailand and of Canada held in Bangkok, February 8-9, 1999, during which they agreed to amend the Agreement between the Government of the Kingdom of Thailand and the Government of Canada on Air Services signed at Bangkok on May 24, 1989, through the addition of Route 3 to Section 1 for Thailand and the addition of Route 3 to Section 2 for Canada, of the Route Schedule Annex of the Agreement as follows:

ANNEX SECTION 1

Route 3

The following route may be operated on a code-share basis in each direction by two airlines designated by the Government of Thailand.

Points in Thailand	Intermediate Points	Points in Canada	Points Beyond
Any point or points	Any point or points	Any point or points	Any point or points

Notes:

(a) Subject to the regulatory requirements normally applied by the aeronautical authorities of Canada, the designated airline or airlines of Thailand shall have the right to enter into cooperative arrangements for the purpose of code-sharing, that is, selling transportation under its/their own code on flights operated by the designated airline or airlines of Canada and/or on flights operated by any third country airline or airlines. All airlines involved in such code-sharing arrangements shall hold the appropriate underlying authority. The designated airline or airlines of Thailand shall be permitted to transfer traffic between aircraft involved in code-sharing operations without restriction as to number, size and type of aircraft.

(b) There shall be no limitation on capacity to be offered by the designated airline or airlines of Thailand on code-share services referred to in Note (a) above.

(c) Fifth freedom rights shall not be available on code-shared flights. Intransit rights shall be available at Intermediate Points and at Points in Canada. Own stopover rights shall be available at Intermediate Points and at Points Beyond.

(d) Any Intermediate Point and/or Point Beyond may be omitted on any or all services, provided that all services originate or terminate in Thailand. Points in Canada may be served separately or in combination but on a code-share basis only.

ANNEX SECTION 2

Route 3

The following route may be operated on a code-share basis in each direction by two airlines designated by the Government of Canada:

Points in Canada	Intermediate Points	Points in Thailand	Points Beyond
Any point or points	Any point or points	Any point or points	Any point or points

Notes:

(a) Subject to the regulatory requirements normally applied by the aeronautical authorities of Thailand, the designated airline or airlines of Canada shall have the right to enter into cooperative arrangements for the purpose of code-sharing, that is, selling transportation under its/their own code on flights operated by the designated airline or airlines of Thailand and/or on flights operated by any third country airline or airlines. All airlines involved in such code-sharing arrangements shall hold the appropriate underlying authority. The designated airline or airlines of Canada shall be permitted to transfer traffic between aircraft involved in code-sharing operations without restriction as to number, size and type of aircraft.

(b) There shall be no limitation on capacity to be offered by the designated airline or airlines of Canada on code-share services referred to in Note (a) above.

(c) Fifth freedom rights shall not be available on code-shared flights. Intransit rights shall be available at Intermediate Points and at Points in Thailand. Own stopover rights shall be available at Intermediate Points and at Points Beyond.

(d) Any Intermediate Point and/or Point Beyond may be omitted on any or all services, provided that all services originate or terminate in Canada. Points in Thailand may be served separately or in combination but on a code-share basis only.

If the foregoing amendments are acceptable to the Government of Canada the Ministry proposes that this Note, the text of which is equally authentic in English, French, and the Embassy's note in reply in confirmation thereto, shall constitute an agreement between our two Governments which shall enter into force on the date of the Embassy's Note in reply, in conformity with the provisions of Article 19 of the Agreement. Such agreement shall be an integral part of the Agreement between the Government of the Kingdom of Thailand and the Government of Canada on Air Services signed at Bangkok on May 24, 1989.

The Ministry of Foreign Affairs of the Kingdom of Thailand avails itself of this opportunity to renew to the Canadian Embassy the assurances of its highest consideration".

The Canadian Embassy avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of Thailand, the assurances of its highest consideration.

Bernard Giroux

Ambassador of Canada