Indian Treaty Series

On behalf of the Ministry of Civil Aviation of USSR :

1. Mr S.S. Pavlov - Head of delegation
2. Mr L. .Nikotinia - Member of delegation
3. Mr A.N. Kupchihin - Member of delegation
4. Mr B.I. Kolotilshikov - Member of delegation.

On behalf of the Government of India :

1. Shri N Khosla - Head of delegation
2. Shri B S Gidwani - Member of delegation
3. Shri I S Chadha - Member of delegation
4. Shri J Barua - Member of delegation
5. Shri A K Sarkar - Member of delegation
6. Shri S N Kaul - Member of delegation
7. Shri J P de Andrade - Member of delegation
8. Shrimati N Talcherkar - Member of delegation
9. Shri R V Ranadive - Member of delegation.

The two delegations discussed the following matters and took the decisions indicated below :

I. Frequencies

It was agreed that Aeroflot and Air India shall each be permitted to operate four services per week in each direction.

II. Points of Call in India and USSR

It was agreed that Aeroflot may operate one of its services referred to in paragraph I above through Calcutta in lieu of Delhi provided that Delhi and Calcutta shall not be served on the same flight. It was also agreed that Air India may operate one of its services referred to in paragraph I above through Tashkent in lieu of Moscow provided that Moscow and Tashkent shall not be served on the same flight.

III. Extension of Services beyond India and USSR

It was agreed that Aeroflot shall be entitled to extend their services referred to in paragraph I above to points in Asia. Reciprocally, it was agreed that Air India shall be entitled to extend their services referred to in paragraph I above to points in Europe including London.

It was also agreed that Aeroflot shall be entitled to further extend their services to points in Australia and New Zealand. Reciprocally, it was agreed that Air India shall be entitled to further extend their services to points in USA and Canada.

IV. Traffic Rights

(A) Third and Fourth Freedom Traffic

Subject to the provisions of paragraph I above, Aeroflot and Air India shall have the right to carry without any limitation passengers, cargo, excess baggage and mail between USSR and India.

(B) Through traffic (Passengers) for Aeroflot between USSR and points in Asia, Australia and New Zealand and for Air India between India and points in Europe (including London), USA and Canada.

(i) It was agreed that each airline shall provide a minimum of 1750 seats per quarter in each direction between India and USSR.

(ii) The remaining seats shall be available for the carriage of through passengers by each airline.

(iii) To the extent that through passengers have been carried in excess of that envisaged in (ii) above the revenue earned from the carriage of such excess shall be brought into pool by the airline concerned at the applicable average tariff for the India/USSR sector.

(C) 5th freedom traffic (passenger)

(a) Aeroflot shall have the right to carry fifth freedom passenger traffic as follows :

(i) Between Delhi and any points of Aeroflot’s choice in Asia.

(ii) Between Calcutta and any points of Aeroflot’s choice in Asia.

(b) The total limit of fifth freedom passengers carried by Aeroflot shall be 1000 per year.

(c) Air India shall have the right to carry fifth freedom passenger traffic as follows :

(i) Between Moscow and any points of Air-India’s choice in Europe including London.

(ii) Between Tashkent and any points of Air India’s choice in Europe including London.

(d) The total limit of fifth freedom passengers carried by Air-India shall be 1000 per year.

(e) It was agreed that all possible assistance shall be afforded by each airline to the other in attaining the limits mentioned in (b) and (d) above and there shall be an annual review of the quantum of the fifth freedom traffic carried by each airline to ensure equal carriage and re-fixation of the aforesaid limits.

(D) Through traffic and 5th freedom traffic of cargo, excess baggage and mail.

There shall be no restriction on the carriage of through traffic and 5th freedom traffic in respect of cargo, excess baggage and mail.

V. Operation in Pool

It was agreed that the operations of the two airlines and the rights granted herein shall be subject to the principle of equal distribution of traffic and revenues on the USSR/India route. It was agreed that all revenues earned by the two airlines from the carriage of direct passengers, cargo and excess baggage between USSR and India shall be pooled in accordance with the average tariffs agreed between the airlines as in the annexure hereto. Such revenues shall be shared equally between Aeroflot and Air-India together with the revenues referred to in para. IV(B)(iii) notwithstanding that either airline may be operating at a lower frequency.

VI. Overflying and Landing for Non-traffic Purposes on Scheduled Services

(a) Aeroflot shall be authorised to operate scheduled services overflying Indian territory without landing for the purpose of operations between the USSR and points in Asia, Australia and New Zealand. Aeroflot shall also be entitled to land at Delhi or Calcutta for purposes of refueling and servicing of their aircraft (but without any traffic rights what so ever) on such services to points in Asia, Australia and New Zealand.

(b) Air-India shall have the right to effect landings at Moscow and Tashkent for purposes of refuelling and servicing of their aircraft.

The authorisations granted in accordance with (a) and (b) shall be subject to time-tables and other relevant details being furnished to the aeronautical authorities of the respective contracting parties at least 30 days prior to the introduction of such a service. Operation of these services shall be in accordance with the laws, regulations and instructions of the contracting parties and along prescribed corridors and routes. The airlines shall be entitled to carry only civilian traffic on such services.

VII. Type of Equipment

The Indian delegation requested that permission should be given by the Soviet authorities for operation of any or all of Air-India’s services with aircraft of any type including Being 747s. The Soviet Delegation explained that the international airports at Moscow and Tashkent were not yet ready for operation of such aircraft. They, however, made a note of the request and stated that the Ministry of Civil Aviation of the USSR will give it careful consideration.

VIII. Validity

These arrangements shall prevail until revised by agreement between the two Governments.

IX. Future Meetings

The two Delegations agreed to meet annually in order to ensure the implementation of the arrangements set forth in the foregoing paragraphs and to discuss other matters of common interest.

X. Agenda for the Next Meeting

(a) The Soviet delegation requested that permission be accorded to Aeroflot’s operation to Bombay. The Indian delegation made a note of the request and stated that they would give careful consideration to the grant of third and fourth freedom rights at Bombay in lieu of Calcutta after the conditions in para 5 of the Protocol of 22nd November 1968 have been complied with and having regard to additional rights exchanged since that date.

(b) Accordingly, it was agreed that the delegations of the Government of India and the Ministry of Civil Aviation of the USSR will meet again not later than April 1, 1971 in order to consider the question of further development of relations in the field of civil aviation between and beyond their countries.

(c) The delegations agreed to consider at such meeting the question of mutual exchange of 5th freedom rights between USSR and USA/Canada for Air-India and between India and Australia/New Zealand for Aeroflot and the request of Aeroflot to operate its service to Bombay in lieu of Calcutta.

The present Protocol has been signed in New Delhi on 2nd April 1970 in two copies each in the English and Russian languages, both texts being equally authentic, and comes into force from 1st April 1970.

Head of the delegation of Head of the delegation
the Ministry of Civil of the Government of
Aviation of the USSR India

Sd/- Sd/-
S S PAVLOV N. KHOSLA
2nd April 1970 2nd April 1970

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ANNEXURE TO PROTOCOL

In accordance with the Protocol of negotiations between the delegations of the Ministry of Civil Aviation of the USSR and the Government of India which concluded on April 2, 1970, the two airlines agreed that the following arrangements will be effective from April 1, 1970.

(a) Average Tariffs

(i) Revenues will be pooled at average tariffs specified in attachment to this Annexure.

(ii) “Provision for diplomats” carried on pool services at special rates established by Governments will be excluded from the pool.

(iii) Revenues from carriage of additional free baggage transported by officials of the two Governments against mandatory orders issued by the Government of India and USSR will continue to be pooled by Air India and Aeroflot.

(iv) Revenues from transportation of cargo at special reduced rates (Corates) will be brought into the pool on actual revenue minus 7-1/2% commission, if such corates are less than figures specified below :
For Sector NDH-MOW : Roubles 0.60
(Rs.5.00) per Kg.
MOW-NDH : Rouble 0.80
(Rs.6.67) per Kg.

(v) The basic fares/rates and the average tariffs in respect of sectors CCU-MOW and MOW-CCU be agreed by the two airlines through correspondence or at the pool meeting scheduled to be held before the end of May 1970. The agreed higher fares/rates and average tariffs will be effective from the date of commencement of Aeroflot’s scheduled services through Calcutta.

In the meanwhile, the average tariffs agreed for NDH-MOW and MOW-NDH will be used in respect of CCU-MOW and MOW-CCU traffic for the preparation of pool statements.

(b) Special Additional and Charter Flights

(i) Special’/Additional/VIP flights operated on the pool routes will be excluded from the pool.

(ii) The special chartered flights operated for the carriage of cargo which by its very nature, weight and volume cannot be carried on scheduled services (animals, birds, insects, fish, chemical products, opium, heavy parts of machinery etc) will not be included in the pool and the revenues earned from such flights will not be brought into the pool. Commercial loads which can be carried on the scheduled services will not be permitted on board such special flights.

For any such flights operated by Aeroflot, Aeroflot shall pay to Air India 7% commission of the total revenue calculated at sector tariffs for revenue load carried and, reciprocally, Air India shall pay to Aeroflot 7% commission for operating similar flights.

(iii) If additional and chartered flights are operated which do not fall into the categories mentioned in paragraphs(b)(i) and (b)(ii) of this Annexure, revenues earned from such flights will be brought into the pool in the same way as for regular pool flights.

2. It was agreed that for signing the pool agreement and the annexures in accordance with the arrangements set out in the present Protocol, the delegations of Aeroflot and Air India should meet in Moscow latest by end of May 1970.