(a) Routes to be served by the air carriers of the United Kingdom-Continued [In both directions; stops for nontraffic purposes omitted] (a) Amendments made by either Contracting Party to the routes described in Section III of this Annex which change the points served in the territory of the other Contracting Party will be made only after consultation in accordance with the provisions of Article 8 of this Agreement. (b) Other route changes desired by either Contracting Party may be made and put into effect at any time, prompt notice to that effect being given by the aeronautical authorities of the Contracting Party concerned to the aeronautical authorities of the other Contracting Party. If such other Contracting Party finds that, having regard to the principles set forth in paragraph (6) of the Final Act of the Conference referred to in Section I of this Annex, the interests of its air carrier or carriers are prejudiced by the carriage by the air carrier or carriers of the first Contracting Party of traffic between the territory of the second Contracting Party and the new point in the territory of a third country it shall so inform the first Contracting Party. If agreement cannot be reached by consultation between the Contracting Parties, it shall be open to the Contracting Party whose air carrier or carriers is or are affected to invoke the provisions of Article 9 of this Agreement. (c) The Contracting Parties will, as soon as possible after the execution of this Agreement and from time to time thereafter, exchange information concerning the authorizations extended to their respective designated air carriers to render service to, through and from the territory of the other Contracting Party. This will include copies of current certificates and authorizations for service on the routes which are the subject of this Agreement, and for the future such new certificates and authorizations as may be issued, together with amendments, exemption orders and authorized service patterns. V (a) Where the onward carriage of traffic by an aircraft of different size from that employed on the earlier stage of the same route (hereinafter referred to as "change of gauge") is justified by reason of economy of operation, such change of gauge at a point in the territory of the United Kingdom or the territory of the United States, shall not be made in violation of the principles set forth in the final act of the Conference on Civil Aviation held at Bermuda from January 15 to February 11, 1946, and, in particular, shall be subject to there being an adequate volume of through traffic. (b) Where change of gauge is made at a point in the territory of the United Kingdom or in the territory of the United States, the small aircraft will operate only in connection with the larger aircraft arriving at the point of change, so as to provide a connection service which will thus normally wait on the arrival of the larger aircraft, for the primary purpose of carrying onward those passengers who have travelled to United Kingdom or United States territory in the larger aircraft to their ultimate destination in the smaller aircraft. Where there are vacancies in the smaller aircraft such vacancies may be filled with passengers from United Kingdom or United States territory respectively. It is understood, however, that the capacity of the smaller aircraft shall be determined with primary reference to the traffic travelling in the larger aircraft normally requiring to be carried onward. (c) It is agreed that the arrangements under any part of the preceding paragraphs (a) and (b) shall be governed by and in no way restrictive of the standards set forth in paragraph (six) of the Final Act. HEADS OF AN AGREEMENT FOR USE BY CIVIL AIRCRAFT OF NAVAL AND AIR BASES IN AREAS LEASED TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNDER AN AGREEMENT WITH THE GOVERNMENT OF THE UNITED KINGDOM, DATED MARCH 27, 1941 Whereas by Agreement of March 27, 1941 (hereinafter referred to as "the Bases Agreement"), the Government of the United Kingdom of Great Britain and Northern Ireland agreed to lease for military purposes to the Government of the United States exclusively certain areas in the Western Hemisphere in which naval and air bases have been constructed with full and continuing rights of military use and control thereof for a period of 99 years as specified in the Agreement; and Whereas Article XI (5) of the said Agreement provides that "commercial aircraft will not be authorized to operate from any of the Bases (save in case of emergency or for strictly military purposes under supervision of the War or Navy Departments) except by agreement between the United States and the Government of the United Kingdom, provided that in the case of Newfoundland such agreement shall be between the United States and the Government of Newfoundland"; and Whereas the Governments of the United States and of the United Kingdom desire, in order to facilitate the development of air transportation, at this time to arrange for the air Bases to be available for use by civil aircraft on the conditions hereinafter stated without interfering with, restricting or limiting the present military rights of, or continued military use by, the United States of the Bases in accordance with the said agreement; Now therefore, it is agreed as follows: ARTICLE I The air bases (hereinafter referred to as "the Bases") leased to the United States pursuant to the Bases Agreement will be open for use by civil aircraft wherever such use will contribute to the over-all development of civil aviation along sound economic lines. (a) In accordance with the above principles, the following Bases will be open for regular use by civil aircraft: Kindley (Bermuda) Atkinson (British Guiana) (b) The following Bases which are situated in territories where adequate civil airports now exist, will be open for use by civil aircraft only as bad weather alternates until such time as agreement is reached that experie ce or other developments indicate the need for their regular use by civil aircraft: Carlson (Trinidad) Waller (Trinidad) The circumstances in which the said Bases will be used as bad weather alternates will be determined in the light of any rules established by the Provisional International Civil Aviation Organisation, or its successor, or in the absence of such rules by further discussion between the two Governments. ARTICLE II So long as the United States and the United Kingdom are parties to the International Air Services Transit Agreement signed at Chicago on December 7, 1944, the civil aircraft of all countries parties to that Agreement may use the Bases for nontraffic purposes in accordance with the provisions of Section I of Article I of that Agreement. In view of the special circumstances in the case of these Bases, countries which are not parties to that Agreement but which are parties to bilateral agreements either with the United States or with the United Kingdom providing for the privileges specified in the said Agreement may utilize the Bases only with the consent of both the United States and the United Kingdom. ARTICLE III (a) Any duly authorized United States civil air carrier utilizing the Bases shall be entitled, without prejudice to the principle of cabotage, and in view of the special circumstances in connection with the Bases, to carry between the Bases referred to in Article I (a) hereof: (i) United States Government sponsored passengers (and their personal effects) travelling at the expense of the Government of the United States or on business directly connected with the Bases or with United States personnel at the Bases; and (ii) Cargo carried at the expense of the Government of the United States. (b) The exercise of the privileges granted in these Heads of Agreement shall be without prejudice to rights (together with any extensions thereof) which may have been granted by the Government of the United Kingdom (or any of the Colonial Governments concerned) to any United States civil air carrier. In view of the special circumstances in the case of the Bases, the Government of the United Kingdom will not grant civil air carriers of third countries utilizing these Bases traffic rights incident to the use of these Bases beyond the extent that such third countries have granted corresponding rights (though not necessarily on the same routes as those operated by the air carriers of the third countries concerned) in their respective countries to the civil air carriers of the United States. (c) No other civil air carrier, including civil air carriers of the United Kingdom, will be granted any greater or different traffic rights at the Bases than are granted to United States civil air carriers at such Bases, provided that United States civil air carriers shall not, by reason of this provision, be entitled to claim the right to carry cabotage traffic between any two points in the territory (as defined in Article 2 of the Convention on International Civil Aviation signed at Chicago on December 7, 1944) of the United Kingdom (except to the limited extent provided in paragraph (a) of this Article) nor shall civil air carriers of the United Kingdom be precluded from carrying cabotage traffic between the Bases concerned so long as United States civil air carriers are entitled to exercise traffic rights at those Bases. (d) For the purposes of this Article, the term "civil air carriers of the United Kingdom" shall be deemdd to include those of territories under the sovereignty, suzerainty, protection or mandate of the United Kingdom. (e) Notwithstanding the termination of the Agreement between the Government of the United Kingdom and the Government of the United States of America relating to air services between their respective territories, signed at Bermuda on February 11, 1946, its provisions and those of its Annex shall continue to apply to any traffic rights which United States air carriers may thereafter exercise at any of the Bases referred to in Article I of these Heads of Agreement until such time as the Contracting Parties may otherwise agree; provided that the Government of the United States shall have the right at any time after fifteen years from the date on which the Agreement referred to in Article XII of these Heads of Agreement becomes effective to give notice of its desire that the provisions of the first mentioned Agreement and its Annex shall cease to apply, on the date specified in the notice but which shall not in any case be less than two years after receipt of such notice, to the traffic rights exercised by its air carriers at any of the Bases referred to above pursuant to that Agreement. ARTICLE IV Subject to the provisions of Article V hereof, civil aircraft of the United Kingdom (including those of territories under the sovereignty, suzerainty, protection or mandate of the United Kingdom) shall be entitled to use the Bases for nontraffic purposes on terms no less favorable than those enjoyed by United States civil aircraft. ARTICLE V (a) The United States military authorities will make every reasonable effort to avoid interruption of civil operations at the Bases. It is understood, however, that the United States military authorities have the right for military reasons, on a nondiscriminatory basis, to curtail or suspend civil air operations, and, from time to time as may be necessary, to impose restrictions of a temporary or continuing nature on the use of the Bases by civil aircraft. (b) Subject to requirements dictated by military reasons, no limitation on the use of the Bases by civil aircraft will be prescribed, except those predicated upon safety, or the capacity of a field or its facilities; and any such limitations will be imposed on a proportionate nondiscriminatory basis. (c) The use of the Bases by civil aircraft may likewise on a proportionate nondiscriminatory basis be limited, curtailed, suspended, or subjected to such regulation as may be necessary for security reasons by the Colonial Government concerned. In such event that Government will give timely notice to the United States military authorities. ARTICLE VI Subject to the provisions of Article VIII (b) hereof, administrative and operational control of the Bases will be exercised by the United States military authorities who may, subject to the provisions of Article VII hereof, delegate the performance of certain services to civilian agencies. Such delegation will be without prejudice to the right of the United States military authorities to resume the performance of such services at any time and without delay. ARTICLE VII Airport tower control and approach control will be operated by or under the direction of the United States military authorities. The responsibility for area control will be reviewed in the light of the studies and recommendations of the Route Service Organization Conference of the Provisional International Civil Aviation Organisation, or its successor. ARTICLE VIII (a) Discussions shall be held between the two Governments with a view to making arrangements for the provision of necessary facilities, supplies, and services to civil air carriers using the Bases, and the Agreement to be concluded pursuant to these Heads of Agreement shall contain provisions defining such arrangements and shall not enter into force until such arrangements have been made. (b) At each of the Bases where suitable land is not conveniently adjacent thereto for the provision of necessary civil airport facilities, supplies and services and for the erection of buildings for customs, immigration, quarantine and other similar matters of Colonial or United Kingdom national interest, the United States military authorities will, if this is possible without conflict with military requirements, designate an appropriate area within the boundaries of the Base for such purposes. Except as otherwise specifically provided in these Heads of Agreement, the provision of the above facilities, supplies and services and the conduct of the matters mentioned above within the area so designated will be under the control aad jurisdiction of the Colonial Government in the same manner and to the same extent as they would be if they were provided or conducted in an area outside of the leased area but shall be without prejudice to the right of the United States military authorities to resume complete and unrestricted control and use of the designated area and its facilities should this prove to be necessary for military reasons of overriding necessity. The terms and conditions under which such area will be made available will be as approved by the Government of the United States after consultation between the two Governments. (c) In connection with fire protection, sanitation and other matters affecting the military security of the Bases, the United States military authorities shall have the right, in collaboration with or after prior notice to the local Colonial authorities in the territory concerned, to enter upon and to inspect any buildings or other facilities and services erected or provided in any area designated under paragraph (b) of this Article for the purpose of satisfying themselves that adequate precautionary measures are taken in the matters referred to above. If the United States military authorities consider that the precautionary measures taken are not adequate they shall have the right, in consultation with the Colonial authorities concerned, or, in cases where military reasons so require, on their own initiative, to supplement these measures to the extent considered necessary. With respect to terminal and other facilities contiguous to the Base area, the location, type, size, hazards to safe operation of aircraft, sanitation, etc., will be subject to consultation between the appropriate local authorities and, as required, between the two governments for the purpose of safeguarding the military use of the Base. (d) Civil aircraft using one of the Bases referred to in Article I (a) hereof shall load and unload persons, mail and cargo only within the area (which shall be either the area referred to in paragraph (b) of this Article or outside the leased area), designated for that purpose by the Colonial Government concerned. ARTICLE IX The scale of fees to be charged for the civil use of the Bases and for facilities, supplies and services to civil aircraft using the Bases, will be subject to consultation between the local United States military authorities and the local Colonial authorities and, as required, between the two Governments. The terms and conditions of any sublease by a Colonial Government to a civil air carrier for terminal and other facilities located within the Base area and the location, type, size, and other pertinent details of the terminal and other facilities shall be subject to the approval of the United States military authorities. ARTICLE X Should the Government of the United States elect for military reasons to place one or more of the Bases on a caretaker basis: (a) The Government of the United States will have no further responsibility for maintaining that Base in operational condition for civil use; provided that timely notice of intention to place on a caretaker basis is given to the Government of the United Kingdom. (b) The Government of the United Kingdom or the Colonial Government concerned will have the right to maintain the Base for civil use; provided that the Government of the United States at any future time within the term of the Bases Agreement and upon appropriate notice will have the right to resume the maintenance and operational control of the said Base. ARTICLE XI (a) Nothing in these Heads of Agreement will be deemed to constitute a limitation or an abrogation of (1) any of the rights or privileges accorded to the Government of the United States by the provisions of the Bases Agreement, or (2) the sovereign rights of the Colonial Governments concerned. (b) The two Governments will consult together to decide what amendments, if any, to the Bases Agreement will be necessary in the light of these Heads of Agreement. ARTICLE XII (a) The two Governments will consult together and prepare an Agreement giving effect to the terms herein contained. Such Agreement will become effective on signature on behalf of the respective Governments and shall continue in effect indefinitely but either of the Governments may, at any time after the Agreement has been in effect for fifteen years, give to the other notice of termination and in such event, the Agreement shall cease to be effective twenty-four calendar months after the date of receipt of such notice. (b) The two Governments hereby agree that while the Agreement continues in effect, they will consult together not less than once in every five calendar years with a view to reviewing the operation of the Agreement and agreeing upon any modifications that may be desired. (c) The initialing of this document shall not indicate that a contract has been concluded. This document is the agreed basis of, and subject to the preparation of, a formal contract. In the preparation of the formal contract any outstanding points, more particularly the points arising on Articles 8 and 11, will be resolved. G. P. B. G. N. UNITED STATES Ad Referendum Subject to reservation set out in letter of even date A. H. S. FEBRUARY 11, 1946. UNITED KINGDOM Ad Referendum Subject to reservation set out in letter of even date from Chairman of United Kingdom Delegation to Chairman of United States Delegation. |