Agency Rulings

Decision No. 189-A-2000

March 17, 2000

APPLICATION by Condor Flugdienst GmbH for authority to sell transportation between Whitehorse, Canada and Frankfurt, Germany via Anchorage, Alaska from June 1 to September 28, 2000.

File No. M4212/C117-3-1

Docket No. 000170AG

Condor Flugdienst GmbH (hereinafter Condor) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the approval set out in the title. The application was received on February 10, 2000.

Under Licence No. 990051, Condor is authorized to operate a scheduled international service in accordance with the Air Transport Agreement between the Government of Canada and the Government of the Federal Republic of Germany, signed on March 26, 1973, (hereinafter the Agreement).

Condition No. 1 of Licence No. 990051 states:

The Licensee is authorized to operate the route Frankfurt, Germany to Whitehorse, Yukon Territory, Canada to Anchorage, Alaska, United States of America and return to Frankfurt, Germany.

Condition No. 2 of Licence No. 990051 states:

The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any applicable arrangements as may be agreed to between Canada and Germany.

Under the Agreement, the provision for the carriage of traffic between Canada and Germany on a triangular basis (i.e. a point in Canada need not be served in both the inbound and outbound directions) relates to all-cargo services only. The carriage of Canadian originating passengers from Whitehorse to Frankfurt via Anchorage is not provided for in the Agreement.

The Agency may grant temporary authority pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), for a service which is not permitted in a bilateral air agreement.

The Agency has reviewed and considered the application and the material filed in support thereof. The Agency is of the view that a temporary authority would not adversely effect the interests of Canadian air carriers and would provide additional international services at Whitehorse.

Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, hereby varies Conditions Nos. 1 and 2 of Licence No. 990051 in order to authorize Condor to carry Canadian originating passengers from Whitehorse to Frankfurt via Anchorage, Alaska, as part of a triangular service between Germany and Canada, from June 1, 2000 to September 28, 2000, subject to the following condition:

No local traffic may be carried between Whitehorse and Anchorage.

In all other respects, the services shall be operated in accordance with the Agreement.

This Decision shall form part of Licence No. 990051 and shall remain affixed thereto as long as the said Decision is in force.