Ukraine

1. Date of Agreement

Legal Title:

Agreement between the Government of Canada and the Government of Ukraine on Air Transport

January 28, 1999

Agreement signed

April 28, 1999

Entered into force

2. Other Instruments

June 6, 1997

Agreed Minute (Agreement reached ad referendum)

April 28, 1999

Diplomatic Note (Agreement entered into force)

February 26, 2001

Diplomatic Note (Ukraine designation of Ukrainian-Mediterranean Airlines)

February 25, 2002

Diplomatic Note (Ukraine designation of AeroSvit)

3. Characterization of Bilateral Agreement

A. Grant of Rights:

As specified in the Annex.

B. Designation:

Multiple, Air Canada, Ukrainian-Mediterranean Airlines and AeroSvit.

C. Tariffs:

Single disapproval.

D. Capacity:

Pre-determination. (See Section 4 for capacity entitlements).

4. Routes and Associated Rights

Notes:

1. At the option of the designated airline(s), intra-airline connections may be made at any of the Points in Ukraine and at the Intermediate Points

2. Any or all of the Intermediate Points at the option of the designated airline(s) may be omitted on any or all services provided that all services originate or terminate in Ukraine. Chicago, USA may also be served beyond Toronto with own aircraft flights.

3. Transit rights shall be available at the Intermediate Points and at Toronto. Fifth freedom rights shall be available on two flights per week in each direction between Toronto and Chicago.

4. Points in Canada shall be served separately and not in combination with one another. The one additional point in Canada to be selected may be changed each IATA season or such lesser period as may be agreed by the aeronautical authorities of Canada.

5. As an alternative to own aircraft same-plane services, one designated airline of Ukraine may enter into co-operative arrangements for the purpose of code sharing (selling transportation under its own code on the flights of another airline) subject to the regulatory requirements normally applied by the aeronautical authorities of Canada to such arrangements. A second designated airline of Ukraine may operate code sharing services subject to approval of the aeronautical authorities of Canada. Code sharing services shall be permitted on the flights (except flights to/from points in the USA) of any two third country airlines that operate scheduled air services to/from the Points in Canada. One intermediate point shall be available for the purposes of code sharing and that point may be changed each IATA season or such lesser period as may be agreed by the aeronautical authorities of Canada. Effective March 31, 1999 two intermediate points shall be available for the purposes of code sharing. For the purposes of code sharing services the designated airline of Ukraine shall be entitled to transfer traffic between aircraft.

6. For the purposes of Article XI (Capacity), the Government of Ukraine shall be entitled to allocate the following capacity among its designated airline(s), subject to the following conditions:

   • for own aircraft services, up to a maximum of two flights per week in each direction until March 31, 1999 following which up to a maximum of three flights per week in each direction. After March 31, 1999 three flights per week at Toronto may be operated but shall require an intermediate or beyond stop at Chicago on one flight per week, or,

   • for code sharing services, at the discretion of the designated airline of Ukraine, to both of the Points in Canada up to daily service from each of the Points in Ukraine and no greater frequency of flights than that operated by the code sharing partner(s) of the designated airline of Ukraine.

7. Should a designated airline of Ukraine provide a service to points behind/beyond its home country in connection with the route(s) specified above, public advertising or other forms of promotion by that airline in Canada or in third countries shall not employ the terms "single carrier " or "through service", and shall state that such service is by connecting flights, even when for operational reasons a single aircraft is used. The flight number assigned to the services between Ukraine and Canada shall not be the same as that assigned to flights behind/beyond the home country of the airline performing the service.

Notes:

1. At the option of the designated airline(s), intra-airline connections may be made at any of the Points in Canada and at the Intermediate Points.

2. Any or all of the Intermediate Points at the option of the designated airline(s) may be omitted on any or all services provided that all services originate or terminate in Canada.

3. Transit rights shall be available at the Intermediate Points. No fifth freedom rights shall be available.

4. Points in Ukraine shall be served separately and not in combination with one another. The one additional point in Ukraine to be selected may be changed each IATA season or such lesser period as may be agreed by the aeronautical authorities of Ukraine.

5. As an alternative to own aircraft same-plane services, one designated airline of Canada may enter into co-operative arrangements for the purpose of code sharing (selling transportation under its own code on the flights of another airline) subject to the regulatory requirements normally applied by the aeronautical authorities of Ukraine to such arrangements. A second designated airline of Canada may operate code sharing services subject to approval of the aeronautical authorities of Ukraine. Code sharing services shall be permitted on the flights of any two airlines that operate scheduled air services to/from the Points in Ukraine. One intermediate point shall be available for the purposes of code sharing and that point may be changed each IATA season or such lesser period as may be agreed by the aeronautical authorities of Ukraine. Effective March 31, 1999 two intermediate points shall be available for the purposes of code sharing. For the purposes of code sharing services the designated airline of Canada shall be entitled to transfer traffic between aircraft.

6. For the purposes of Article XI (Capacity), the Government of Canada shall be entitled to allocate the following capacity among its designated airline(s), subject to the following conditions:

   • for own aircraft services, up to a maximum of two flights per week in each direction until March 31, 1999 following which up to a maximum of three flights per week in each direction, or,

   • for code sharing services, at the discretion of the designated airline of Canada, to both of the Points in Ukraine up to daily service from each of the Points in Canada and no greater frequency of flights than that operated by the code sharing partner(s) of the designated airline of Canada.

7. Should a designated airline of Canada provide a service to points behind/beyond its home country in connection with the route(s) specified above, public advertising or other forms of promotion by that airline in Ukraine or in third countries shall not employ the terms "single carrier" or "through service", and shall state that such service is by connecting flights, even when for operational reasons a single aircraft is used. The flight number assigned to the services between Canada and Ukraine shall not be the same as that assigned to flights behind/beyond the home country of the airline performing the service.