Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Agreement in the form of an Exchange of Notes (November 25 and December 19, 1983) between the Government of Canada and the Government of France with respect to an Administrative Arrangement regarding Air Traffic Control between Gander Regional Control Centre and Saint-Pierre Control Tower [1983] CATSer 22 (19 December 1983)

AGREEMENT IN THE FORM OF AN EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF FRANCE WITH RESPECT TO AN ADMINISTRATIVE ARRANGEMENT REGARDING AIR TRAFFIC CONTROL BETWEEN GANDER REGIONAL CONTROL CENTRE AND SAINT-PIERRE CONTROL TOWER

I

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

(Translation)

OTTAWA, November 25, 1983

Mr. Allan J. MacEachen,
Deputy Prime Minister and Secretary of State for External Affairs,
Department of External Affairs,
Ottawa.

Excellency:

In reference to your Ministry's Note No. GEB/0672 of February 27, 1981, I have the honour to submit to Your Excellency, for approval of the Government of Canada, the following terms and conditions proposed by the Government of the French Republic, in place of those that were the subject of Embassy Notes No. 937 of April 15, 1980 and No. 868 of August 11, 1981.

The French Director of Air Navigation and the Canadian Director General of Civil Aeronautics have agreed to an administrative arrangement set forth in the "Letter of Agreement Between the Gander Regional Control Centre and the Saint-Pierre Control Tower," attached with its Appendices A to C, hereinafter referred to as the "Arrangement".

I have the honour to inform Your Excellency that the French Authorities have agreed to the terms and conditions set forth in the Arrangement, which comply with the principles, standards, recommendations and procedures of the ICAO, with the understanding that the delegation of control granted to the Canadian Aeronautical Authorities should not infringe upon the right of sovereignty exercised by Canada and France under the Chicago Convention.

Consequently the French authorities reserve the right to revise the Arrangement in order to assign at the appropriate time, to the Saint-Pierre Airfield, presently placed in category C by Decree No. 67873 of September 11, 1967, control of approach to the terminal region.

They also specify that the Arrangement shall contain only the maps in Appendices A to C attached, to the exclusion of all other maps.

In regard to the organization of the air space involved, namely:

(a) the Saint-Pierre control zone, where the French air traffic services are provided by France, and

(b) a terminal control region located above the "département" of Saint-Pierre and Miquelon, in which the air traffic services shall by mutual consent be provided by Canada,

the spaces located above the territory of Saint-Pierre and Miquelon shall be created by order of the French delegate for air space.

The agencies in charge of providing air traffic services shall be designated by order of the French Ministry of Transport.

Other amendments may also be made to Arrangement in the light of new elements such as:

- the projected creation of a national park in the northern part of the Island of Saint-Pierre, in which case the French Administration may raise from 600 metres to 1,000 metres the lower level of the terminal control region, thus modifying the scope of certain air traffic procedures.

Consequently, the French Authorities propose that the following terms and conditions be used for any revision of the Arrangement.

In the event that the Competent Authorities of the air traffic services should wish to modify the organization of air space associated with the Saint-Pierre Airfield or of the air control space located above the "département" of Saint-Pierre and Miquelon, they shall be required to inform their administrative authority in order to begin consultations for this purpose.

The Canada-France consultations shall begin within a time period of 60 days from the date of the request prepared by either of the two parties to the Arrangement. Amendments or modifications agreed to during these consultations shall take effect by a verbal exchange of notes verbales.

However, when operating needs so require, consultation to adapt coordination procedures between the centres shall be undertaken without delay, and the two parties to the Arrangement may agree, if necessary, that the adaptations decided upon as a result of such consultations shall take effect provisionally before the exchange of the notes verbales required to bring the amendments or modifications into force.

The French authorities also propose that the following terms and conditions be adopted to suspend or terminate the application of the Arrangement:

Either party to the Arrangement may at any time notify the other party of its desire to suspend or to terminate application of the Arrangement. In such case, the Arrangement shall be suspended or shall terminate three months after the date on which notification is received by the other party, unless such notification is withdrawn by mutual consent before the expiry of such period. The said notification or its withdrawal shall be confirmed by an exchange of notes verbales.

I would appreciate Your Excellency informing me as to whether the above terms and conditions meet with the approval of the Canadian government.

In such case, this Note and Your Excellency's reply shall constitute an agreement between our two governments which shall enter into force on the date of the said reply, and shall become null and void without requiring an express renunciation on the date of the Arrangement's termination as confirmed by the above-mentioned exchange of notes verbales.

Accept, Excellency, the assurance of my highest consideration.

Jean Béliard

Ambassador of France

II

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

OTTAWA, December 19, 1983

Note No. ETT-2779

His Excellency Jean Béliard,
Ambassador of France,
Ottawa

Excellency,

I have the honour to acknowledge receipt of your Note No. 64/AL-AE dated 25 November, 1983 regarding an administrative arrangement between the Gander Control Centre and the Saint-Pierre Control Tower.

I have the honour to inform you that the proposals contained in your Note are acceptable to the Government of Canada and to confirm that your Note and this reply, of which the French and English texts are equally authentic, constitute an Agreement between our two Governments, which shall enter into effect on the date of this reply.

Accept, Excellency, the assurances of my highest consideration.

Allan J. MacEachen

Secretary of State for External Affairs