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Exchange of Notes (September 16 and November 28, 1963) between the Government of Canada and the Government of Denmark concerning Air Traffic Control over Southern Greenland [1963] CATSer 11 (28 November 1963)

E100043 - CTS 1963 No. 9

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF DENMARK CONCERNING AIR TRAFFIC CONTROL OVER SOUTHERN GREENLAND.

I

The Ambassador of Denmark to Canada to the Secretary of State for External Affairs

ROYAL DANISH EMBASSY

OTTAWA, September 16, 1963.

No. 32.

The Honourable,
The Secretary of State for External Affairs,
Department of External Affairs,
Ottawa.

Sir,

I have the honour to refer to Recommendations 14/1, 14/5, and 24/1 of the IV North Atlantic Regional Air Navigation Meeting of the International Civil Aviation Organization, held in Paris 14th September to 9th October, 1961, and to the approval thereof by the Council of said Organization on 11th December, 1961.

Recommendations 14/1 and 14/5 call for an integration of Air Traffic Services in part of presently contiguous Canadian and Danish airspace in order to facilitate Air Traffic Control for aircraft transiting the Danish airspace and at the same time improve the conditions for the Canadian Air Traffic Control in regulating the approaches into and departures from the eastern seaboard of the North American Continent. Recommendation 24/I deals with the dates of implementation.

In order to implement Recommendations 14/1 and 14/5 of the IV NAT RAN as approved by the ICAO Council, I have the honour to propose an agreement between the Government of Denmark and the Government of Canada in the following terms:

(1) Denmark delegates to Canada, and Canada accepts the responsibility for the provision of Air Traffic Services in part of the Greenland airspace as specified in the Appendix attached hereto,

(2) The functions delegated under clause 1 above shall be performed in accordance with the terms of the Convention on International Civil Aviation, signed at Chicago on December 7, 1944, and in accord with the programs of the International Civil Aviation Organization which are recommended for use of Member States and which have been adopted by Canada and by Denmark.

(3) No charges, additional to charges applicable under Canadian law for other services provided by Canada shall be imposed for the services performed under this agreement; provided, however, that nothing in this clause shall be deemed to authorize the imposition of charges under Canadian law in respect of aircraft operating between Europe and Greenland, Greenland and Europe or operating exclusively within the Greenland airspace.

(4) For the purpose of adjusting Rules and Procedures, facilities and services, to conform with changes of ICAO recommendations or for other purposes, the Appendix may be amended from time to time by agreement between the appropriate authorities of the two Governments.

(5) The present agreement shall come into force upon receipt of your reply and become applicable at a date specified by the appropriate authorities of the two Governments and published in the respective Aeronautical Information Publications.

(6) This agreement may be terminated at any time by either party subject to 12 months' advance notice given not later than 31st December or at shorter notice subject to the mutual consent of the two Governments.

For the purpose of this arrangement my Government has designated Directorate of Civil Aviation, G1. Kongevej 60, Copenhagen V, as "the appropriate authority of the Government of Denmark."

If the above proposal is acceptable to the Government of Canada, I have the honour to suggest that this note together with its Appendix and your reply to that effect shall be regarded as constituting an agreement between the two Governments in this matter with effect from the date of your reply.

I avail myself of this opportunity to renew to You, Sir, the assurances of my highest consideration.

John Knox

Ambassador of Denmark

1 enclosure

APPENDIX

To the Agreement between Denmark and Canada concerning Provision of Air Traffic Services within specified Airspace

PART I

1. The responsibility delegated by Denmark to Canada under this arrangement comprises the following:

1.1 Area Control Service. Flight Information Services and Alerting Service, Provision of area control service, flight information service, and alerting service on a 24-hour basis within the following airspace:

Lateral limits:

the area bounded by a line 63°30'N, 55° 40'W; 63°30'N, 39°00'W; 58°30'N, 43°00'W; 58°30'N, 50°00'W; the point of beginning.

Vertical limits:

Lower limit: Flight level 155. (Lowest usable flight level is flight level 160.)

Upper limit: Unlimited.

Note: It is understood that the provision of air traffic services within the airspace below the airspace described above will be provided by ACC SONDRESTROM. Highest usable flight level is flight level 150.

2. Rules and Procedures applicable to flights within the airspace described under 1.1.

2.1 Rules of the Air

The rules of the air shall be those contained in Annex 2 to the Convention on International Civil Aviation, as modified by differences filed by Denmark, except that by prearrangement with ACC GANDER military aircraft may he flown in formation.

2 .2 Air Traffic Services.

ICAO Documents applicable to the provision of air traffic services:

Annex II - Air Traffic Services, PANS RAC, Doc 4444-RAC/50l. Regional Supplementary Procedures, Part 2 (RAC), applicable to the NAT Region, Doc. 7030.

II

The Secretary of State for External Affairs to the Ambassador of Denmark to Canada

DEPARTMENT OF EXTERNAL AFFAIRS

OTTAWA, November 28, 1963.

No. 30

His Excellency John Knox,
Ambassador of Denmark,
Ottawa.

Excellency:

I have the honour to refer to your Note No. 32 dated September 16, 1963, concerning the extension of Canadian air traffic control services to encompass air space over southern Greenland in accordance with Recommendations 14/1, 14/5 and 24/1 of the IV North Atlantic Regional Air Navigation Meeting of the International Civil Aviation Organization held in Paris 14th September to 9th October, 1961, and approved by the ICAO Council on 11th December, 1961.

I wish to inform you that the Canadian Government agrees to your proposal that the Government of Denmark and the Government of Canada conclude an Agreement on this subject as set out in your Note and its Appendix. I also wish to express agreement to your further proposal that your Note, together with its Appendix, and this reply shall constitute an Agreement between our two Governments, with effect from this date.

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

Paul Martin

Secretary of State For External Affairs.