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Exchange of Notes between Canada and Israel further amending the Schedule of Routes Annexed to the February 10, 1971 Commercial Air Services Agreement as amended on December 10, 1976 [1982] CATSer 5 (9 February 1982)

E103165 - CTS 1982 No. 37

EXCHANGE OF NOTES BETWEEN CANADA AND ISRAEL FURTHER AMENDING THE SCHEDULE OF ROUTES ANNEXED TO THE FEBRUARY 10, 1971 COMMERCIAL AIR SERVICES AGREEMENT AS AMENDED ON DECEMBER 10, 1976

I

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

OTTAWA, February 9, 1982

No. ESS-0322

His Excellency Yeshayahu Anug,
Ambassador of Israel,
Ottawa

Excellency,

I have the honour to refer to the Agreement between the Government of Canada and the Government of Israel on Commercial Scheduled Air Services, signed at Ottawa on February 10, 1971, as amended by the Exchange of Notes of December 10, 1976, and to recent bilateral discussions of further modifications to the Agreement.

As a result of the recent discussions Section I of the Schedule of Routes shall be modified as follows: under the "Points Beyond" column, that specifies the routes to be operated by the designated airline of Israel, the words "One point in the U.S.A. to be named by Israel and Mexico City" shall be deleted and replaced by the words "Two points in the U.S.A. to be named by Israel". In addition, the footnote referred to in the December 10, 1976 Exchange of Notes, "two frequencies weekly between Montreal and Mexico City" shall be deleted.

It is also agreed that a designated airline of one Contracting Party may make a change of gauge at any point on the specified route only on the following conditions:

(a) that the substitution is justified by reasons of economy of operation;

(b) that the aircraft operating on the sector more distant from the territory of the Contracting Party designating the airline shall operate only in connection with the aircraft on the nearer sector and shall be scheduled so to do; the former shall arrive at the point of change for the purpose of carrying traffic transferred from, or to be transferred into, the latter; and the capacity of the former shall be determined with primary reference to this purpose;

c) that the airline shall not hold itself out to the public by advertisement or otherwise as providing a service which originates at the point where the change of aircraft is made, unless otherwise permitted by the Schedule of routes;

d) that in connection with any one aircraft flight into the territory in which the change of aircraft is made, only one flight may be made out of that territory unless authorized by the Aeronautical Authority of the other Contracting Party to operate more than one flight; and

e) that the provision of Article IX of the Agreement shall govern all arrangements made with regard to change of gauge.

I have the honour to propose that if the foregoing amendments are acceptable to your Government this Note, which is authentic in English and French, and your Excellency's reply to that effect, shall constitute an Agreement between our two governments which shall enter into force on the date of your reply.

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

Mark MacGuigan

Secretary of State for External Affairs

II

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

February 9, 1982

The Honourable Mark MacGuigan,
Secretary of State for External Affairs,
Ottawa

Dear Mr. Minister,

I have the honour to refer to your Note No. ESS-0322 of February 9, 1982, and to the Agreement between the Government of the State of Israel and the Government of Canada on Commercial Scheduled Air Services, signed at Ottawa on February 10, 1971, as amended by the Exchange of Notes of December 10, 1976.

I have the further honour to advise you that the proposals contained in your Note are acceptable to the Government of the State of Israel, and that your Note and this reply shall constitute an agreement between our two governments which shall enter into force on today's date.

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

Eshayahu Anug

Ambassador of Israel