Agency Rulings

Decision No. 287-A-2005

May 10, 2005

APPLICATION by Condor Flugdienst GmbH for extra-bilateral authority pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, to carry Canadian originating traffic from Whitehorse, Yukon Territory, Canada to Frankfurt, Germany, via Fairbanks and Anchorage, Alaska, United States of America, from May 17 to September 27, 2005.

File No. M4212/C576-2

Condor Flugdienst GmbH (hereinafter Condor) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on March 29, 2005.

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, as amended (hereinafter the Agreement).

Condition No. 1 of Licence No. 990051 states:

The Licensee is authorized to operate the route(s) set out in the Agreement.

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.

Condor intends to operate each of the following routes: Frankfurt to Whitehorse to Anchorage and return to Frankfurt; and Frankfurt to Whitehorse to Fairbanks and return to Frankfurt. Condor wishes to carry Canadian-originating traffic from Whitehorse to Frankfurt via Anchorage and Fairbanks on each of these routes. 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 or Fairbanks is not provided for in the Agreement.

The Agency may grant temporary authority pursuant to section 78(2) of the Canada Transportation Act (hereinafter the CTA) for a service which is not permitted in a bilateral air transport agreement.

By LET-A-127-2005 dated April 20, 2005, Canadian air carriers providing scheduled international air services between Canada and Germany were advised of the application. No interventions were received.

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 have a significant adverse effect on the interests of Canadian air carriers and would provide Whitehorse residents with an additional international service.

Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, hereby varies Condition Nos. 1 and 2 of Licence No. 990051 to the extent necessary to permit Condor to carry Canadian originating traffic from Whitehorse, Yukon Territory, Canada to Frankfurt, Germany, via Fairbanks and Anchorage, Alaska, United States of America, as part of a triangular service between Germany and Canada from May 17 to September 27, 2005, subject to the following condition:

No local traffic may be carried between Whitehorse and Anchorage or between Whitehorse and Fairbanks.

In all other respects, the service(s) shall be operated in accordance with the Agreement.

The authority granted herein does not exempt Condor from the requirements of other legislative acts or regulations, including those of Transport Canada.

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