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Document 02010A0806(01)-20190516
Agreement on Air Transport between Canada and the European Community and its Member States
Consolidated text: Agreement on Air Transport between Canada and the European Community and its Member States
Agreement on Air Transport between Canada and the European Community and its Member States
ELI: http://data.europa.eu/eli/agree_internation/2010/417/2019-05-16
02010A0806(01) — EN — 16.05.2019 — 000.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
AGREEMENT on Air Transport between Canada and the European Community and its Member States (OJ L 207 6.8.2010, p. 32) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 120 |
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8.5.2019 |
AGREEMENT
on Air Transport between Canada and the European Community and its Member States
TABLE OF CONTENTS |
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Article |
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Title |
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1 |
Headings and definitions |
2 |
Grant of rights |
3 |
Designation, authorisation and revocation |
4 |
Investment |
5 |
Application of laws |
6 |
Civil aviation safety |
7 |
Civil aviation security |
8 |
Customs duties, taxes and charges |
9 |
Statistics |
10 |
Consumer interests |
11 |
Availability of airports and aviation facilities and services |
12 |
Charges for airports and aviation facilities and services |
13 |
Commercial framework |
14 |
Competitive environment |
15 |
Air traffic management |
16 |
Continuation of designations and authorisations |
17 |
Joint Committee |
18 |
Environment |
19 |
Labour matters |
20 |
International cooperation |
21 |
Settlement of disputes |
22 |
Amendment |
23 |
Entry into force and provisional application |
24 |
Termination |
25 |
Registration of the Agreement |
26 |
Relationship to other agreements |
AGREEMENT ON AIR TRANSPORT
CANADA
of the one part;
and
THE REPUBLIC OF AUSTRIA,
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE REPUBLIC OF CYPRUS,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE REPUBLIC OF ESTONIA,
THE REPUBLIC OF FINLAND,
THE FRENCH REPUBLIC,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE REPUBLIC OF HUNGARY,
IRELAND,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF SLOVENIA,
THE KINGDOM OF SPAIN,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
being parties to the Treaty establishing the European Community and being Member States of the European Union (hereinafter the Member States),
and the EUROPEAN COMMUNITY,
of the other part;
Canada and the Member States being parties to the Convention on International Civil Aviation opened for signature at Chicago, on the 7th day of December, 1944, together with the European Community;
DESIRING to promote an aviation system based on competition among airlines in the market place with minimum government interference and regulation;
DESIRING to promote their interests in respect of air transportation;
RECOGNISING the importance of efficient air transportation in promoting trade, tourism and investment;
DESIRING to enhance air services;
DESIRING to ensure the highest degree of safety and security in air transportation;
DETERMINED to obtain the potential benefits of regulatory cooperation and, to the extent practical, harmonisation of regulations and approaches;
ACKNOWLEDGING the important potential benefits that may arise from competitive air services and viable air services industries;
DESIRING to foster a competitive air services environment, recognising that where there is not a level competitive playing field for airlines, potential benefits may not be realised;
DESIRING to make it possible for their airlines to have a fair and equal opportunity to provide the air services under this Agreement;
DESIRING to maximise benefits to passengers, shippers, airlines and airports and their employees, and others benefiting indirectly;
AFFIRMING the importance of protecting the environment in developing and implementing international aviation policy;
NOTING the importance of protecting consumers and encouraging an appropriate level of consumer protection associated with air services;
NOTING the importance of capital to the airline industry for the further development of air services;
DESIRING to conclude an agreement on air transport, supplementary to the said Convention,
HAVE AGREED AS FOLLOWS:
Article 1
Headings and definitions
For the purpose of this Agreement, unless otherwise stated:
‘Aeronautical authorities’ means any authority or person empowered by the Parties to perform the functions set out in this Agreement;
‘Air services’ means scheduled air services on the routes specified in this Agreement for the transport of passengers and cargo, including mail, separately or in combination;
‘Agreement’ means this Agreement, any Annex attached thereto, and any amendments to the Agreement or to any Annex;
‘Airline’ means an airline which has been designated and authorised in accordance with Article 3 of this Agreement;
‘Party’ means either Canada or the Member States and the European Community taken together or individually;
‘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 Canada and the Member States; and
‘Territory’ means for Canada, its land areas (mainland and islands), internal waters and territorial sea as determined by its domestic law, and includes the air space above these areas; and for the Member States of the European Community, the land areas (mainland and islands), internal waters and territorial sea in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and any successor instrument, and includes the air space above these areas; the application of this Agreement to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated, and to the continuing suspension of Gibraltar airport from European Community aviation measures existing as at 18 September 2006 as between Member States, in accordance with the Ministerial statement on Gibraltar airport agreed in Cordoba on 18 September 2006.
Article 2
Grant of rights
Each Party grants to the other Party the following rights for the conduct of air transportation by the airlines of the other Party:
the right to fly across its territory without landing;
the right to make stops in its territory for non-traffic purposes;
to the extent permitted in this Agreement, the right to make stops in its territory on the routes specified in this Agreement for the purpose of taking up and discharging traffic in passenger and cargo, including mail, separately or in combination; and
the rights otherwise specified in this Agreement.
Article 3
Designation, authorisation and revocation
On receipt of applications from a designated airline of one Party, in the form and manner prescribed, the other Party shall, consistent with its laws and regulations, grant requested authorisations and permissions to that airline to operate the air services with minimum procedural delay, provided that:
such airline qualifies under the laws and regulations normally applied by the aeronautical authorities of the Party granting the authorisations and permissions;
such airline complies with the laws and regulations of the Party granting the authorisations and permissions;
subject to Annex 2, in the case of an airline of Canada, effective control of the airline is vested in nationals of either Party, the airline is licensed as a Canadian airline, and the airline has its principal place of business in Canada; in the case of an airline of a Member State, effective control of the airline is vested in nationals of either Party, Iceland, Liechtenstein, Norway or Switzerland, the airline is licensed as a Community airline, and the airline has its principal place of business in a Member State; and
the airline otherwise operates in a manner consistent with the conditions set out in this Agreement.
Article 4
Investment
Each Party shall permit full ownership of its airlines by nationals of Canada or a Member State or States subject to the conditions in Annex 2 to this Agreement.
Article 5
Application of laws
Each Party shall require compliance with:
its laws, regulations and procedures 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, by airlines upon entrance into, departure from and while within the said territory; and
its laws and regulations relating to the admission to, remaining in, or departure from its territory of passengers, crew members and cargo including mail (such as regulations relating to entry, clearance, transit, civil aviation security, immigration, passports, customs and quarantine) by airlines and by or on behalf of such passengers, crew members and cargo including mail, upon transit of, admission to, departure from and while within the said territory. In the application of such laws and regulations, each Party shall, under similar circumstances, accord to airlines treatment no less favourable than that accorded to its own or any other airline engaged in similar international air services.
Article 6
Civil aviation safety
Article 7
Civil aviation security
Article 8
Customs duties, taxes and charges
Each Party shall also exempt, to the fullest extent possible under national laws and regulations and on the basis of reciprocity, from the taxes, levies, duties, fees and charges referred to in paragraph 1 of this Article, with the exception of charges based on the cost of the service provided:
aircraft stores introduced into or supplied in the territory of a Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transport, even when these stores are to be used on a part of the journey performed over the said territory;
ground equipment and spare parts (including engines) introduced into the territory of a Party for the servicing, maintenance, or repair of aircraft of an airline of the other Party used in international air transport as well as computer equipment and component parts for the handling of passengers or cargo, or security checks;
fuel, lubricants and consumable technical supplies introduced into or supplied in the territory of a Party for use in an aircraft of an airline of the other Party engaged in international air transport, even when these supplies are to be used on a part of the journey performed over the said territory; and
printed matter, including airline tickets, ticket covers, airway bills and other related advertising materials distributed without charge by the airline.
Article 9
Statistics
Article 10
Consumer interests
Each Party recognises the importance of protecting the interests of consumers and may take or may require airlines to take, on a non-discriminatory basis, reasonable and proportionate measures concerning the following matters, including but not limited to:
requirements to protect funds advanced to airlines;
denied boarding compensation initiatives;
passenger refunds;
public disclosure of the identity of an air carrier actually operating the aircraft;
financial fitness of its own airlines;
passenger injury liability insurance; and
setting accessibility measures.
Article 11
Availability of airports and aviation facilities and services
Article 12
Charges for airports and aviation facilities and services
No Party shall be held, in dispute resolution procedures pursuant to Article 21 (Settlement of disputes), to be in breach of a provision of this Article, unless:
it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or
following such a review, it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.
Article 13
Commercial framework
Capacity
Codesharing
Subject to the regulatory requirements normally applied to such operations by each Party, any airline of the other Party may enter into cooperative arrangements for the purposes of:
holding out its air services on the specified routes by selling transportation under its own code on flights operated by any airline of Canada, or of Member States, and/or of any third country; and/or a surface land or marine transportation provider of any country;
carrying traffic under the code of any other airline where such other airline has been authorised by the aeronautical authorities of a Party to sell transportation under its own code on flights operated by any airline of a Party.
A Party may require all airlines involved in codesharing arrangements to hold the appropriate underlying route authority.
A Party shall not withhold permission for codesharing services identified in paragraph 3(a)(i) of this Article on the basis that the airline operating the aircraft does not have the right to carry traffic under the codes of other airlines.
The Parties shall require all airlines in such codesharing arrangements to ensure that passengers are fully informed of the identity of the operator and the mode of transportation for each segment of the journey.
Ground handling
Each Party shall permit the airlines of the other Party when operating in its territory:
on the basis of reciprocity, to perform their own ground handling in its territory and, at their option, to have ground handling services provided in whole or in part by any agent authorised by its competent authorities to provide such services; and
to provide ground handling services for other airlines operating at the same airport, where authorised and consistent with applicable laws and regulations.
Airline representatives
Each Party shall permit:
the airlines of the other Party on the basis of reciprocity, to bring into and to maintain in its territory their representatives and commercial managerial, sales, technical, operational, and other specialist staff, as required in connection with their services;
these staff requirements at the option of the airlines of the other Party, to be satisfied by their own personnel or, by using the services of any other organisation, company or airline operating in its territory and authorised to perform such services for other airlines; and
the airlines of the other Party to establish offices in its territory for the promotion and sale of air transportation and related activities.
Each Party shall require the representatives and staff of the airlines of the other Party to be subject to its laws and regulations. Consistent with such laws and regulations:
each Party shall, with the minimum of delay, grant the necessary employment authorisations, visitor visas or other similar documents to the representatives and staff referred to in paragraph 6 of this Article; and
each Party shall facilitate and expedite the approval of any requirement for employment authorisations for personnel performing certain temporary duties not exceeding ninety (90) days.
Sales, local expenses, and transfer of funds
Each Party shall permit the airlines of the other Party:
to engage in the sale of air transportation in its territory directly or, at the discretion of the airlines, through their agents and to sell transportation in the currency of its territory or, at the discretion of the airlines, in freely convertible currencies of other countries, and any person shall be free to purchase such transportation in currencies accepted by those airlines;
to pay local expenses, including purchases of fuel, in its territory in local currency, or at the discretion of the airlines, in freely convertible currencies; and
to convert and remit abroad, on demand, funds obtained in the normal course of their operations. Such conversion and remittance shall be permitted without restrictions or delay 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.
Intermodal services
Each Party shall permit airlines operating:
passenger-combination services, to employ land or maritime surface transportation in connection with the air services. Such transportation may be provided by the airlines through arrangements with surface carriers, or the airlines may elect to perform the surface transportation themselves;
cargo services, to employ without restriction in connection with the air services any land or maritime surface transportation for cargo to or from any points in the territories of the Parties, or in third countries, including transport to and from all airports with customs facilities and including, where applicable, to transport cargo in bond under applicable laws and regulations; access to airport customs processing and facilities for cargo moving by surface or by air; and to elect to perform their own cargo surface transportation, subject to domestic laws and regulations governing such transportation, or to provide it through arrangements with other surface carriers, including surface transportation operated by airlines of any other country; and
intermodal services, to offer, at a single through price air and surface transportation combined, provided that passengers and shippers are not misled as to the facts concerning such transportation.
Pricing
Computer reservation systems
Franchising and branding
Wet leasing
Charter/non-scheduled flights
Article 14
Competitive environment
Article 15
Air traffic management
The Parties shall cooperate on addressing safety oversight and policy issues relating to air traffic management, with a view to optimising overall efficiency, reducing cost, and enhancing the safety and capacity of existing systems. The Parties shall encourage their air navigation service providers to continue to collaborate on interoperability to further integrate both sides' systems where possible, to reduce the environmental impact of aviation, and to share information where appropriate.
Article 16
Continuation of designations and authorisations
Article 17
Joint Committee
The Joint Committee shall foster cooperation between the Parties and may consider any matter related to the operation or implementation of this Agreement, including, but not limited to:
reviewing market conditions affecting air services under this Agreement;
exchanging information, including advising as to changes to domestic law and policies, which affect the Agreement;
considering potential areas for the further development of the Agreement, including the recommendation of amendments to the Agreement;
recommending conditions, procedures, and amendments required for new Member States to become Parties to this Agreement; and
discussing issues related to investment, ownership and control, and confirming when the conditions for the progressive opening of traffic rights as set out in Annex 2 to this Agreement are met.
Article 18
Environment
Article 19
Labour matters
Article 20
International cooperation
The Parties may bring to the Joint Committee under Article 17 issues related to:
air transport and international organisations;
possible developments in relations between the Parties and other countries in air transport; and
trends in bilateral or multilateral arrangements;
including, where possible, proposals on the development of coordinated positions in these fields.
Article 21
Settlement of disputes
Article 22
Amendment
Any amendment to this Agreement may be mutually determined by the Parties pursuant to consultations held in conformity with Article 17 (Joint Committee) of this Agreement. Amendments shall come into force in accordance with the terms set out in Article 23 (Entry into force and provisional application).
Article 23
Entry into force and provisional application
Article 24
Termination
A Party may at any time give notice in writing through diplomatic channels to the other Party of its decision to terminate this Agreement. Such notice shall be communicated simultaneously to the International Civil Aviation Organisation and the United Nations Secretariat. The Agreement shall terminate one (1) year after the date of receipt of the notice by the other Party, unless the notice to terminate is withdrawn by mutual consent before the expiry of this period. In the absence of an acknowledgement of receipt by the other Party, the notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organisation and the United Nations Secretariat.
Article 25
Registration of the Agreement
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organisation and the United Nations Secretariat, in accordance with Article 102 of the Charter of the United Nations, following its entry into force. The other Party shall be informed of registration as soon as this has been confirmed by the Secretariats of the International Civil Aviation Organisation and the United Nations.
Article 26
Relationship to other agreements
IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Agreement.
DONE in duplicate at Brussels on this seventeenth day of December 2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish languages, each version being equally authentic.
Voor het Koninkrijk België
Pour le Royaume de Belgique
Für das Königreich Belgien
Deze handtekening verbindt eveneens het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
Cette signature engage également la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
За Република България
Za Českou republiku
På Kongeriget Danmarks vegne
Für die Bundesrepublik Deutschland
Eesti Vabariigi nimel
Thar cheann Na hÉireann
For Ireland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Per la Repubblica italiana
Για την Κυπριακή Δημοκρατία
Latvijas Republikas vārdā
Lietuvos Respublikos vardu
Pour le Grande-Duché de Luxembourg
A Magyar Köztársaság részéről
Għal Malta
Voor het Koninkrijk der Nederlanden
Für die Republik Österreich
W imieniu Rzeczypospolitej Polskiej
Pela República Portuguesa
Pentru România
Za Republiko Slovenijo
Za Slovenskú republiku
Suomen tasavallan puolesta
För Republiken Finland
För Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland
За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
For Canada
Pour le Canada
ANNEX 1
ROUTE SCHEDULE
1. For the purposes of paragraph 1(c) of Article 2 of this Agreement each Party shall permit the airlines of the other Party to provide transportation on the routes specified hereunder:
For the airlines of Canada:
Points Behind — Points in Canada — Intermediate Points — Points in and within Member States — Points Beyond
For the airlines of the European Community:
Points Behind — Points in Member States — Intermediate Points — Points in and within Canada — Points Beyond
2. Airlines of a Party may on any or all flights and at their option:
operate flights in either or both directions;
combine different flight numbers within one aircraft operation;
serve behind, intermediate and beyond points and points in the territory of any Party and in any combination or any order;
omit stops at any point or points;
transfer traffic from any of its aircraft to any of its other aircraft without any limitation as to change in type or number of aircraft operated at any point;
serve points behind any point in that Party’s territory with or without change of aircraft or flight number and hold out and advertise such services to the public as through services;
make stopovers at any points whether within or outside the territory of either Party;
carry transit traffic at intermediate points and at points in the territory of the other Party;
combine traffic on the same aircraft regardless of where such traffic originates; and
provide service through codesharing consistent with paragraph 3 of Article 13 (Commercial framework) of this Agreement;
without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement.
ANNEX 2
ARRANGEMENTS FOR THE AVAILABILITY OF RIGHTS
SECTION 1
Ownership and control of the airlines of both Parties
1. Notwithstanding Article 4 (Investment), ownership of a Party’s airlines by nationals of all other Parties shall be allowable, on the basis of reciprocity, to the extent permitted by Canada’s domestic laws and regulations for foreign investment in airlines.
2. Notwithstanding paragraph 2(c) of Article 3 (Designation, authorisation and revocation) and Article 4 (Investment) of the Agreement, the following provision shall apply with respect to ownership and control of airlines in place of paragraph 2(c) of Article 3 (Designation, authorisation and revocation) until the laws and regulations referred to in paragraphs 2(c) and (d) of Section 2 of this Annex dictate otherwise:
‘in the case of an airline of Canada, substantial ownership and effective control of the airline are vested in nationals of Canada, the airline is licensed as a Canadian airline, and the airline has its principal place of business in Canada; in the case of an airline of a Member State, substantial ownership and effective control of the airline is vested in nationals of Member States, Iceland, Liechtenstein, Norway or Switzerland, the airline is licensed as a Community airline, and the airline has its principal place of business in a Member State’.
SECTION 2
Progressive availability of traffic rights
1. When exercising the traffic rights set out in paragraph 2 of this Section, the airlines of the Parties shall enjoy the operational flexibilities permitted in paragraph 2 of Annex 1.
2. Notwithstanding the traffic rights set out in Annex 1 to this Agreement:
when the national laws and regulations of both Parties permit nationals of the other Party to own and control up to a total of 25 per cent of the voting interests of their airlines, the following rights shall apply:
for passenger-combination and all-cargo services, for Canadian airlines, the right to provide international transportation between any points in Canada and any points in Member States; for Community airlines, the right to provide air services between any points in Member States and any points in Canada. In addition, for passenger-combination and all-cargo services, for airlines of a Party, the right to provide international transportation to and from points in third countries via any points in the territory of that Party with or without change of aircraft or flight number and hold out and advertise such services to the public as through services;
for all-cargo services, for airlines of both Parties, the right to provide international transportation between the territory of the other Party and points in third countries in conjunction with services between points in its territory and points in the territory of the other Party;
for passenger-combination and all-cargo services, for airlines of both Parties, operating rights that are provided for in bilateral air transport agreements between Canada and Member States listed in Section 1 of Annex 3, and the operating rights in arrangements that were being applied between Canada and individual Member States, as specified in Section 2 of Annex 3. With respect to beyond fifth freedom rights specified in this subparagraph, all limitations other than geographic limitations, limitations as to the number of points and specified frequency limitations shall no longer apply; and
for greater certainty, the rights contained in subparagraphs (i) and (ii) above shall be available where no bilateral agreement or arrangement existed on the date of provisional application or entry into force of this Agreement, or where the rights in an agreement that were available immediately prior to provisional application or entry into force of this Agreement are not as liberal as the rights contained in subparagraphs (i) and (ii) above;
when the national laws and regulations of both Parties permit nationals of the other Party to own and control up to a total of 49 per cent of the voting interests of their airlines, the following rights additional to subparagraph 2(a) shall apply:
for passenger-combination services, for the airlines of both Parties, fifth freedom rights shall be available at any intermediate points, and for Canadian airlines, between any points in Member States and any points in other Member States, provided that in the case of Canadian airlines the service includes a point in Canada, and in the case of Community airlines the service includes a point in any Member State;
for passenger-combination services, for the airlines of Canada, fifth freedom rights shall be available between any points in Member States and any points in Morocco, Switzerland, the European Economic Area, and other members of the European Common Aviation Area; and
for all-cargo services, for the airlines of a Party, without a requirement to serve a point in the territory of that Party, the right to provide international transportation between points in the territory of the other Party and points in third countries;
when the national laws and regulations of both Parties permit the nationals of the other Party to establish an airline in their territory for domestic and international air services, and pursuant to paragraphs 5, 6(e) and 9 of Article 17 (Joint Committee) of this Agreement, the following rights additional to subparagraphs 2(a) and (b) shall apply:
for passenger-combination services, for airlines of both Parties, fifth freedom rights shall be available to any points beyond without frequency limitations;
when the national laws and regulations of both Parties permit the full ownership and control of their airlines by nationals of the other Party and both Parties permit full application of Annex 1, pursuant to paragraphs 5, 6(e) and 9 of Article 17 (Joint Committee) of this Agreement and pursuant to a confirmation by the Parties through their respective procedures, the provisions of Annex 2 above shall no longer apply and Annex 1 shall take effect.
ANNEX 3
BILATERAL AGREEMENTS BETWEEN CANADA AND THE MEMBER STATES OF THE EUROPEAN COMMUNITY
SECTION 1
As provided in Article 26 of this Agreement, the following bilateral agreements between Canada and the Member States shall be suspended or superseded by this Agreement:
The Republic of Austria: Agreement between the Government of Canada and the Austrian Federal Government on Air Transport, signed 22 June 1993;
The Kingdom of Belgium: Agreement between the Government of Canada and the Government of Belgium on Air Transport, signed 13 May 1986;
The Czech Republic: Agreement between the Government of Canada and the Government of the Czech Republic on Air Transport, signed 13 March 1996; Exchange of Notes amending the Agreement, signed 28 April 2004 and 28 June 2004;
The Kingdom of Denmark: Agreement between Canada and Denmark for Air Services between the Two Countries, signed 13 December 1949; Exchange of Notes between Canada and Denmark relating to the Air Agreement signed between the two Countries at Ottawa, 13 December 1949, signed 13 December 1949; Exchange of Notes between Canada and Denmark modifying the Agreement of 1949 Concerning Air Services, signed 16 May 1958;
The Republic of Finland: Agreement between the Government of Canada and the Government of Finland for Air Services between and beyond their Respective Territories, signed 28 May 1990. Exchange of Notes constituting an Agreement amending the Agreement between the Government of Canada and the Government of Finland for Air Services between and beyond their Respective Territories, done at Helsinki on 28 May 1990, signed 1 September 1999;
The French Republic: Air Transport Agreement between the Government of Canada and the Government of the French Republic, signed 15 June 1976 Exchange of Notes between the Government of Canada and the Government of the French Republic amending the Air Transport Agreement signed in Paris 15 June 1976, signed 21 December 1982;
The Federal Republic of Germany: Air Transport Agreement between the Government of Canada and the Government of the Federal Republic of Germany, signed 26 March 1973; Exchange of Notes between the Government of Canada and the Government of the Federal Republic of Germany amending the Air Transport Agreement signed at Ottawa on 26 March 1973, signed 16 December 1982 and 20 January 1983;
The Hellenic Republic: Agreement between the Government of Canada and the Government of the Hellenic Republic on Air Transport, signed 20 August 1984; 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 20 August 1984, signed 23 June 1995 and 19 July 1995;
The Republic of Hungary: Agreement between the Government of Canada and the Government of the Republic of Hungary on Air Transport, signed 7 December 1998;
Ireland: Agreement between Canada and Ireland for Air Services between the two countries, signed 8 August 1947; Exchange of Notes (19 April and 31 May 1948) between Canada and Ireland amending the Agreement for Air Services between the two countries, signed 31 May 1948; Exchange of Notes between Canada and Ireland constituting an Agreement amending the Annex to the Air Agreement of 8 August 1947, signed 9 July 1951. Exchange of Notes between Canada and Ireland modifying the Air Agreement of 8 August 1947 between the two countries, signed 23 December 1957;
The Italian Republic: Agreement between Canada and Italy for Air Services, signed 2 February 1960; Exchange of Notes between the Government of Canada and the Government of the Republic of Italy constituting an Agreement to Amend the Agreement for Air Services as specified in the Agreed Minute of April 28, 1972, signed 28 August 1972;
The Kingdom of the Netherlands: Agreement between the Government of Canada and the Government of the Kingdom of the Netherlands relating to Air Transport, signed 2 June 1989; Exchange of Notes between the Government of Canada and the Government of the Kingdom of the Netherlands constituting an Agreement relating to the Operation of Non-scheduled (charter) Flights, signed 2 June 1989;
The Republic of Poland: Air Transport Agreement between the Government of Canada and the Government of the Polish People’s Republic, signed 14 May 1976; Exchange of Notes constituting an agreement between the Government of Canada and the Government of the Polish People’s Republic relating to Articles IX, XI, XIII and XV of the Air Transport Agreement signed 14 May 1976, signed at the same date;
The Portuguese Republic: Agreement between the Government of Canada and the Government of Portugal for Air Services between Canadian and Portuguese Territories, signed 25 April 1947; Exchange of Notes between the Government of Canada and the Government of Portugal amending paragraphs 3 and 4 of the Annex to the Agreement for Air Services between the two countries signed at Lisbon 25 April 1947, signed 24 and 30 April 1957. Exchange of Notes between Canada and Portugal amending paragraph 7 of the Annex to the Agreement for Air Services between the two countries, signed 5 and 31 March 1958;
Romania: Agreement between the Government of Canada and the Government of the Socialist Republic of Romania on Civil Air Transport, signed 27 October 1983;
The Kingdom of Spain: Agreement between the Government of Canada and the Government of Spain on Air Transport, signed 15 September 1988;
The Kingdom of Sweden: Agreement between Canada and Sweden for Air Services between Canadian and Swedish Territories, signed 27 June 1947; Exchange of Notes between Canada and Sweden supplementing the Agreement for Air Services between Canadian and Swedish Territories, signed 27 June and 28 June 1947. Exchange of Notes between Canada and Sweden modifying the Agreement of 1947 concerning air services, signed 16 May 1958; and
The United Kingdom of Great Britain and Northern Ireland: Agreement between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Air Services, signed 22 June 1988.
SECTION 2
For the purposes of Annex 2, Section 2, the following rights shall be available in accordance with subparagraph 2(a)(iii):
Part 1 for the Airlines of Canada
In conjunction with the operation of passenger-combination services between Canada and individual Member States, and in the operation of all-cargo services, airlines of Canada shall enjoy the following rights:
Member State |
Traffic rights |
Bulgaria |
Fifth freedom rights shall be available at two points to be named which may be served intermediate to and/or beyond Sofia. |
Czech Republic |
Fifth freedom rights shall be available at up to four points of Canada’s choice, intermediate to or beyond Prague and one additional point in the Czech Republic. |
Denmark |
Fifth freedom rights shall be available between Copenhagen and: (a) Amsterdam and Helsinki; or (b) Amsterdam and Moscow. Amsterdam may be served as an intermediate point or as a point beyond. Helsinki and Moscow are to be served as points beyond. |
Germany |
Fifth freedom traffic rights may be exercised between intermediate points in Europe and points in Federal Republic of Germany and between points in the Federal Republic of Germany and points beyond. |
Greece |
Fifth freedom rights shall be available at points intermediate to and/or beyond Athens and two additional points in Greece, excluding points in Turkey and Israel. The total number of intermediate points and points beyond that may be served at any one time with fifth freedom rights shall not exceed five of which no more than four may be intermediate points. |
Ireland |
Fifth freedom rights shall be available between points in Ireland and intermediate points, and between points in Ireland and points beyond Ireland. For all-cargo services, the right shall be available to provide international transportation between points in Ireland and points in third countries without a requirement to serve a point in Canada. |
Italy |
Fifth freedom traffic rights shall be available between two intermediate points in Europe and Rome and/or Milan. Intermediate points with fifth freedom rights may also be served as points beyond. |
Poland |
Fifth freedom rights shall be available between Warsaw and two intermediate points in Europe to be selected by Canada from the following: Brussels, Copenhagen, Prague, Shannon, Stockholm, Vienna, Zurich. |
Portugal |
Fifth freedom traffic rights shall be available between points in Portugal and intermediate points, and between points in Portugal and points beyond Portugal. |
Spain |
Intermediate and beyond fifth freedom rights shall be available: (a) between Madrid and three additional points in Spain, and points in Europe, (except for Munich, Denmark, Sweden, Norway, Italy and the Republics of the former USSR); and (b) between Madrid and one other point in Spain and points in Africa and the Middle East, as defined by ICAO in Document 9060-AT/723. Not more than four fifth freedom rights shall be exercised at any one time. |
Sweden |
Fifth freedom rights shall be available between Stockholm and: (a) Amsterdam and Helsinki; or (b) Amsterdam and Moscow. Amsterdam may be served as an intermediate point or as a point beyond. Helsinki and Moscow are to be served as points beyond. |
United Kingdom |
Fifth freedom rights shall be available between points in the United Kingdom and intermediate points, and between points in the United Kingdom and points beyond. For all-cargo services, the right shall be available to provide international transportation between points in the United Kingdom and points in third countries without a requirement to serve a point in Canada. |
Part 2 for the Airlines of the European Community
In conjunction with the operation of passenger-combination services between individual Member States and Canada, and in the operation of all-cargo services, Community airlines shall enjoy the following rights:
Member State |
Traffic rights |
Belgium |
Fifth freedom traffic rights shall be available between Montreal and two points beyond in the United States of America located east of and including Chicago and north of and including Washington DC. |
Bulgaria |
Fifth freedom rights may be exercised at one beyond point in the United States of America east of and excluding Chicago and north of and including Washington DC. No fifth freedom rights shall be available if Montreal and Ottawa are co-terminalled. No fifth freedom rights shall be available at intermediate points. |
Czech Republic |
Fifth freedom rights shall be available between Montreal and two beyond points in the United States of America, north of and including Washington DC and east of and including Chicago. |
Denmark |
Fifth freedom rights shall be available between Montreal and Chicago and between Montreal and Seattle. Chicago may be served as an intermediate point or as a point beyond. Seattle may only be served as a point beyond. |
Germany |
Fifth freedom traffic rights shall only be available between Montreal and one beyond point in Florida. As an alternative, fifth freedom traffic rights shall be available between Montreal and two beyond points in the Continental United States of America excluding points in the states of California, Colorado, Florida, Georgia, Oregon, Texas and Washington. |
Greece |
Fifth freedom traffic rights shall be available between Montreal and Boston or between Montreal and Chicago or beyond Toronto to one point to be named by the Hellenic Republic in the United States of America, with the exception of points in California, Texas and Florida. |
Ireland |
Fifth freedom rights shall be available between points in Canada and intermediate points, and between points in Canada and points beyond Canada. For all-cargo services, the right shall be available to provide international transportation between points in Canada and points in third countries without a requirement to serve a point in Ireland. |
Italy |
Fifth freedom traffic rights shall be available between two intermediate points in the northeast United States of America (north of and including Washington; east of and including Chicago) and Montreal and/or Toronto. Intermediate points with fifth freedom rights may also be served as points beyond. |
Poland |
Fifth freedom rights shall be available between Montreal and New York as an intermediate or beyond point. |
Portugal |
Fifth freedom traffic rights shall be available between points in Canada and intermediate points, and between points in Canada and points beyond. |
Spain |
Intermediate and beyond fifth freedom rights shall be available: (a) between Montreal and three additional points in Canada, and Chicago, Boston, Philadelphia, Baltimore, Atlanta, Dallas/Ft. Worth and Houston; and (b) between Montreal and Mexico City. Not more than four fifth freedom rights shall be exercised at any one time. |
Sweden |
Fifth freedom rights shall be available between Montreal and Chicago and between Montreal and Seattle. Chicago may be served as an intermediate point or as a point beyond. Seattle may only be served as a point beyond. |
United Kingdom |
Fifth freedom rights shall be available between points in Canada and intermediate points and between points in Canada and points beyond Canada. For all-cargo services, the right shall be available to provide international transportation between points in Canada and points in third countries without a requirement to serve a point in the United Kingdom. |
SECTION 3
Notwithstanding Section 1 of this Annex, for areas that are not included within the definition of ‘Territory’ in Article 1 of this Agreement, the agreements in paragraphs (d) The Kingdom of Denmark, (f) The French Republic, (l) The Kingdom of the Netherlands, and (r) The United Kingdom of Great Britain and Northern Ireland shall continue to apply, according to their terms.
Declaration by the European Community and its Member States on the EU-Canada Air Transport Agreement to be made at the signature
‘With regard to Article 26(2), the European Community and its Member States confirm that the phrase “the bilateral agreements in force listed in Annex 3 shall be suspended except to the extent provided for in Annex 2” has the same effect as stating that the relevant provisions in the Agreement shall prevail over the relevant provisions of the bilateral agreements in force listed in Annex 3.’
Declaration by the European Community and its Member States on the EU-Canada Air Transport Agreement to be made at the signature
‘The European Community and its Member States clarify that the Air Transport Agreement between the European Community and its Member States on the one part, and Canada, on the other part, in particular in its Article 8, does not provide for the exemption from value added tax (VAT), with the exception of turnover tax on imports, and does not preclude Member States from taxing aviation fuel for domestic or intra-Community flights in line with Council Directive 2003/96/EC.’
PROTOCOL
amending the Agreement on Air Transport between Canada and the European Community and its Member States, to take account of the accession to the European Union of the Republic of Croatia
CANADA,
of the one part, and
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
being parties to the Treaty on European Union and to the Treaty on the Functioning of the European Union and being Member States of the European Union (hereinafter ‘the Member States’), and
THE EUROPEAN UNION,
of the other part,
HAVING REGARD TO the accession of the Republic of Croatia to the European Union on 1 July 2013,
HAVE AGREED AS FOLLOWS:
Article 1
The Republic of Croatia is a Party to the Agreement on Air Transport between Canada and the European Community and its Member States ( 1 ), signed on 17 December 2009 (hereinafter ‘the Agreement’).
Article 2
The text of the Agreement in the Croatian language ( 2 ) shall be authentic under the same conditions as the other language versions.
Article 3
This Protocol shall be approved by the Parties in accordance with their own procedures. It shall enter into force on the date of entry into force of the Agreement. However, should this Protocol be approved by the Parties after the date of entry into force of the Agreement, it would then enter into force, in accordance with Article 23(1) of the Agreement, one month after the date of the latest diplomatic note in which the Parties confirm that all necessary procedures for the entry into force of this Protocol have been completed.
Done at Brussels, in duplicate, on the twenty-seventh day of January in the year two thousand and seventeen, in the English, French, Bulgarian, Croatian, Czech, Danish, Dutch, Estonian, Finnish, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and Swedish languages, each text being equally authentic.
За държавите членки
Por los Estados miembros
Za členské státy
For medlemsstaterne
Für die Mitgliedstaaten
Liikmesriikide nimel
Για τα κράτη μέλη
For the Member States
Pour les États membres
Za države članice
Per gli Stati membri
Dalībvalstu vārdā –
Valstybių narių vardu
A tagállamok részéről
Għall-Istati Membri
Voor de lidstaten
W imieniu Państw Członkowskich
Pelos Estados-Membros
Pentru statele membre
Za členské štáty
Za države članice
Jäsenvaltioiden puolesta
För medlemsstaterna
За Европейския съюз
Рог la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Za Europsku uniju
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
За Канада
Por Canadá
Za Kanadu
For Canada
Für Kanada
Kanada nimel
Για τον Καναδά
For Canada
Pour le Canada
Za Kanadu
Per il Canada
Kanādas vārdā –
Kanados vardu
Kanada részéről
Għall-Kanada
Voor Canada
W imieniu Kanady
Pelo Canadá
Pentru Canada
Za Kanadu
Za Kanado
Kanadan puolesta
För Kanada
( 1 ) The text of the Agreement is published in OJ L 207, 6.8.2010, p. 32.
( 2 ) The Croatian text of the Agreement will be published in the Official Journal at a later date.