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1 Taipei, November 23, 1990 Excellency, I have the honour to refer to the consultations which took placein Taipei from September 3 to September 4, 1990, in accordancewith Articles 14 and 16 of the Air Transport Agreement betweenthe Government of the Republic of Korea and the Government of t-he Republic of China, signed on November 14, 1986. Pursuant to an agreement reached at the said consultations. I h-ave the honour to propose, on behalf of the Government of the R-epublic of Korea, that Article 3, Article 16 and Schedule of thesaid Agreement be replaced by the revised Articles and Scheduleattached to this Note as Attachment 1, Attachment 2 and Attachm-ent 3 respectively. If the above proposal is acceptable to the Government of the Re-public of China, I have further the honour to suggest that thisNote with its enclosures and Your Excellency's reply in that se-nse shall be regarded as constituting an agreement between thetwo Governments in this matter, which will enter into force onthe date of your Excellency's reply. Accept, Excellency, the renewed assurances of my highest consid-eration. Enclosures:The revised Article 3, Article 16 and Schedule.[Signed] Chul-Soo Hen Ambassador Extraordinary and Plenipotentiary of the Republic of Korea His Excellency Mr. Chien Fu Minister of Foreign Affairs The Republic of China Article 3 Designation and Authorization 1 Each Contracting Party shall have the right to designate in w-riting to the other Contracting Party multiple airlines for t-he purpose of operating the agreed services on the specifiedroutes. On receipt of such designation, the other ContractingParty shall, subject to the provisions of paragraph 2 of thisArticle and without undue delay, grant to the designated airl-ines the appropriate operating authorization. 2 Before being authorized to inaugurate the agreed air servicesreferred to in paragraph 1 of this Article, the designated ai-rlines may, however, be required to satisfy the aeronauticalauthorities of the other Contracting Party that they are qual-ified to fulfil the terms and conditions prescribed under therelevant laws and regulations normally applied by those autho-rities to the operatin of international scheduled air services. 3 At any time when the provisions of paragraph 1 of this Articleshall have been complied with, the airlines so designated andauthorized may begin to operate the agreed services. 4 Each Contracting Party reserves the right to withhold or revo-ke the grant to the designated airlines of the other Contract-ing Party of the privileges specified in Article 2, paragraph2 of this Agreement or to impose such conditions as it may de-em necessary on the exercise by such airlines of those privil-eges, in any case where it is not satisifed that substantialownership and effective control of those airlines are vestedin the Contracting Party designating the airlines or in its n-ationals. Article 16 Amendment 1 If either Contracting Party considers it desirable to amend a-ny provision of this Agreement, it may request consultation b-etween the Contracting Parties in accordance with Article 14,and such consultation shall begin within sixty (60) days fromthe date of the request. When the Contracting Parties agree to amendment(s) to this Agreement, such amendment(s) shall co-me into force after having been confirmed by an exchange of n-otes. 2 Notwithstanding the above, amendment(s) to the Annex to thisAgreement may be made through the consultation between the ae-ronautical authorities of the Contracting Parties. 3 If a general international convention concerning air transportcomes into force, and if both Contracting Parties so agree, t-his Agreement shall be amended so as to conform with the prov-isions of such convention. ANNEX To the Air Transport Agreement between the Government of the Re-public of Korea and the Government of the Republic of China sig-ned on November 14, 1986 and revised on September 5, 1990 : Section 1 The airlines designated to provide air transportation in accord-ance with the aforesaid Agreement shall be entitled to operatethe following air routes : 1 Route for the airlines designated by the Government of the Re-public of China: Points in the Republic of China One Intermediate point / Poin-ts in the Republic of Korea / Los Angeles / One point in theUnited States / One point to be named at a later date and viceverse. 2 Route for the airlines designated by the Government of the Re-public of Korea : Points in the Republic of Korea / One Intermediate point / Po-ints in the Republic of China / Hong Kong / Bangkok and One p-oint in the South East Asia / One point in the South East Asia/ One point in Europe and vice versa. 3 The designated airlines of either Party shall be entitled toexercise stopover traffic rights between points within the te-rritory of the other Party as long as the traffic is generatedfrom the origin of that Party. 4 The designated airlines of either Party may, on any or all fl-ights, omit any point or points on the route specified above,provided that the point of origin or destingation is in the t-erritory of that Party. as follows: |
| Section 2 1 The Aircraft Coefficient shall be (1) Coefficient of 1.2 shall be applied to B747 200, 300 and 400series and B747 Combi aircraft. (2) Coefficient of 1.0 shall be applied to DClo / MD1I / B747SP/ A300 / B767 and other types of aircraft with lees capacity. 2 The total Weekly Coefficitents shall be derived as per the fo-llowing formula : Total Weekly Coefficients = ( Aircraft Coefficient ) x ( We-ekly Frequencies ) 3 The designated airlines of either Party may operate up to 21Total Weekly Coefficients on the routes specified above accor-ding to the following schedule : With effect from November 1990--19 With effect from July Coef-ficients 1990--21 4 The exercise of the fifth freedom traffic rights shall be lim-ited as follows : (1) For the designated airlines of the Republic of China :a beyond points in R.O.K. to Los Angeles shall not exceed 3.6 coefficients per week. b beyond points in R.O.K. to another one point in U.S. andone point to be named shall not exceed 2.4 coefficient perweek. (2) For the designated airlines of the Republic of Korea :a beyond points in R.O.C. to Bangkok and one point in the S-outh-east Asia shall not exceed 3 coefficients per week, and 4 coefficients per week to Hong Kong, Additional 3 co-efficients to Hong Kong may only be operated subject to f-urther consultation between the two aeronautical authorit-ies. b beyond points in R.O.C. to Europe shall not exceed 2.4 co-efficients per week. Excellency : Coefficients I have the honor to acknowledge receipt of your Excellency's No-te dated November 23, 1990, which reads as follows : " Taipei, November 23, 1990 Excellency, I have the honour to refer to the consultations which took placein Taipei from September 3 to September 4, 1990, in accordanc w-ith the Articles 14 and 16 of the Air Transport Agreement betwe-en the Government of the Republic of Korea and the Government ofthe Republic of China, signed on Novermber 14, 1986. Persuant to an agreement reached at the said Consultations, I h-ave the honour to propose, on behalf of the Government of the R-epublic of Korea, that the Article 3, Article 16 and the Schedu-le of the said Agreement be replaced by the revised Articles andSchedule attached to this Note as Attachment 1, Attachment 2 andAttachment 3 respectively. If the above proposal is acceptable to the Government of the Re-public of China, I have further the honour to suggest that thisMote with its enclosures and Your Excellency's reply in that se-nse shall be regarded as constituting an agreement between thetwo Governments in this matter, which will enter into force onthe date of Your Excellency's reply. Accept, Excellency, the renewed assurances of my highest consid-eration. Enclosures: The revised Article 3, Article 16 and the Schedule.Chul--Soo Hen Ambassador Extraordinary and Plenipotentiary of the Republic of Korea His Excellency Mr. Chien Fu Minister of Foreign Affairs The Republic of China " I further have the honor, on hebalf of my Government, to acceptYour Excel- lency's Proposal and to confirm that Your Excellen-cy's Note along with its enclo- sure (Attachment 1, 2 & 3) and this Reply Note shall constitute an agreement between the gover-nment of the Republic of China and the government of the Republ-ic of Korea on this matter, which enters into force as of today--November 23, 1990. Accept, Excellency, the renewed assurances of my highest consid-eration. [Signed] Fredrick F. Chien Minister of Foreign Affairs Republic of China His Excellency Chul-Soo Hen Ambassador Extraordinary and Plenipotentiary Republic of Korea |
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1 Taipei, November 23, 1990 Excellency, I have the honour to refer to the consultations which took placein Taipei from September 3 to September 4, 1990, in accordancewith Articles 14 and 16 of the Air Transport Agreement betweenthe Government of the Republic of Korea and the Government of t-he Republic of China, signed on November 14, 1986. Pursuant to an agreement reached at the said consultations. I h-ave the honour to propose, on behalf of the Government of the R-epublic of Korea, that Article 3, Article 16 and Schedule of thesaid Agreement be replaced by the revised Articles and Scheduleattached to this Note as Attachment 1, Attachment 2 and Attachm-ent 3 respectively. If the above proposal is acceptable to the Government of the Re-public of China, I have further the honour to suggest that thisNote with its enclosures and Your Excellency's reply in that se-nse shall be regarded as constituting an agreement between thetwo Governments in this matter, which will enter into force onthe date of your Excellency's reply. Accept, Excellency, the renewed assurances of my highest consid-eration. Enclosures:The revised Article 3, Article 16 and Schedule.[Signed] Chul-Soo Hen Ambassador Extraordinary and Plenipotentiary of the Republic of Korea His Excellency Mr. Chien Fu Minister of Foreign Affairs The Republic of China Article 3 Designation and Authorization 1 Each Contracting Party shall have the right to designate in w-riting to the other Contracting Party multiple airlines for t-he purpose of operating the agreed services on the specifiedroutes. On receipt of such designation, the other ContractingParty shall, subject to the provisions of paragraph 2 of thisArticle and without undue delay, grant to the designated airl-ines the appropriate operating authorization. 2 Before being authorized to inaugurate the agreed air servicesreferred to in paragraph 1 of this Article, the designated ai-rlines may, however, be required to satisfy the aeronauticalauthorities of the other Contracting Party that they are qual-ified to fulfil the terms and conditions prescribed under therelevant laws and regulations normally applied by those autho-rities to the operatin of international scheduled air services. 3 At any time when the provisions of paragraph 1 of this Articleshall have been complied with, the airlines so designated andauthorized may begin to operate the agreed services. 4 Each Contracting Party reserves the right to withhold or revo-ke the grant to the designated airlines of the other Contract-ing Party of the privileges specified in Article 2, paragraph2 of this Agreement or to impose such conditions as it may de-em necessary on the exercise by such airlines of those privil-eges, in any case where it is not satisifed that substantialownership and effective control of those airlines are vestedin the Contracting Party designating the airlines or in its n-ationals. Article 16 Amendment 1 If either Contracting Party considers it desirable to amend a-ny provision of this Agreement, it may request consultation b-etween the Contracting Parties in accordance with Article 14,and such consultation shall begin within sixty (60) days fromthe date of the request. When the Contracting Parties agree to amendment(s) to this Agreement, such amendment(s) shall co-me into force after having been confirmed by an exchange of n-otes. 2 Notwithstanding the above, amendment(s) to the Annex to thisAgreement may be made through the consultation between the ae-ronautical authorities of the Contracting Parties. 3 If a general international convention concerning air transportcomes into force, and if both Contracting Parties so agree, t-his Agreement shall be amended so as to conform with the prov-isions of such convention. ANNEX To the Air Transport Agreement between the Government of the Re-public of Korea and the Government of the Republic of China sig-ned on November 14, 1986 and revised on September 5, 1990 : Section 1 The airlines designated to provide air transportation in accord-ance with the aforesaid Agreement shall be entitled to operatethe following air routes : 1 Route for the airlines designated by the Government of the Re-public of China: Points in the Republic of China One Intermediate point / Poin-ts in the Republic of Korea / Los Angeles / One point in theUnited States / One point to be named at a later date and viceverse. 2 Route for the airlines designated by the Government of the Re-public of Korea : Points in the Republic of Korea / One Intermediate point / Po-ints in the Republic of China / Hong Kong / Bangkok and One p-oint in the South East Asia / One point in the South East Asia/ One point in Europe and vice versa. 3 The designated airlines of either Party shall be entitled toexercise stopover traffic rights between points within the te-rritory of the other Party as long as the traffic is generatedfrom the origin of that Party. 4 The designated airlines of either Party may, on any or all fl-ights, omit any point or points on the route specified above,provided that the point of origin or destingation is in the t-erritory of that Party. as follows: |