Decision No. 95-A-2008

March 6, 2008

File No. M4212/A973-4

Asiana Airlines, Inc. carrying on business as Asiana Airlines (Asiana) has applied to the Canadian Transportation Agency (the Agency) for the authority set out in the title. The application was received on February 5, 2008.

The Agency notes that this application is for renewal of the authority granted by Decision No. 528-A-2007 dated October 25, 2007.

Under Licence No. 030130, Asiana is authorized to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the Republic of Korea for Air Services signed on September 20, 1989 (the Agreement).

Condition No. 1 of Licence No. 030131 states:

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

Under the terms of the Agreement, designated air carriers of the Republic of Korea are authorized to serve Vancouver, Toronto and Montréal as points in Canada and are also permitted to serve Chicago as an intermediate point with in-transit and stopover rights but without fifth freedom traffic rights. Calgary is therefore not a point that may be served in Canada and Dallas and Houston are not permitted as intermediate points.

Air Canada, the Canadian carrier designated to serve Korea, advised that it has no objection to the application. Moreover, the proposed service should be of benefit to shippers and consumers.

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

The Agency has reviewed and considered the application and the material filed in support thereof.

Accordingly, the Agency, pursuant to subsection 78(2) of the CTA, hereby varies Condition No. 1 of Licence No. 030130 to the extent necessary to permit Asiana to operate five (5) weekly all-cargo flights between Seoul and Calgary and to exercise fifth freedom traffic rights at the intermediate points Chicago, Dallas and Houston, from March 30 to October 25, 2008.

Asiana is required to file with the Agency thirty (30) days after the end of each month statistics showing, on a flight by flight basis:

1. for cargo uplifted at Calgary: the flight number, date, weight of cargo carried by true origin and destination, the type and weight of oversized cargo, and the flight totals; and
2. for cargo offloaded at Calgary: the flight number, date, weight of cargo carried by origin and true destination, the type and weight of oversized cargo, and the flight totals.

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

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

This Decision shall form part of Licence No. 030130 and shall remain affixed thereto as long as this Decision is in force.

Members

• John Scott
• J. Mark MacKeigan