AGREEMENT BETWEEN JAPAN AND DENMARK FOR AIR SERVICES(No1)(SCHEDULE)

THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF DENMARK,

DESIRING TO CONCLUDE AN AGREEMENT FOR THE PURPOSE OF ESTABLISHING AND PROMOTING AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES,

HAVE ACCORDINGLY APPOINTED THEIR RESPECTIVE REPRESENTATIVES FOR THIS PURPOSE, WHO HAVE AGREED AS FOLLOWS:

ARTICLE 1

FOR THE PURPOSE OF THE PRESENT AGREEMENT, THE PROVISIONS OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION SIGNED AT CHICAGO ON DECEMBER 7, 1944 (HEREINAFTER CALLED "CONVENTION"), WHICH ARE APPLICABLE TO THE AIR SERVICES ESTABLISHED HEREUNDER, SHALL, IN THEIR PRESENT TERMS OR AS AMENDED IN RESPECT OF BOTH CONTRACTING PARTIES IN ACCORDANCE WITH RELEVANT PROVISIONS OF THE CONVENTION, APPLY BETWEEN THE CONTRACTING PARTIES FOR THE DURATION OF THE PRESENT AGREEMENT.

ARTICLE 2

(1) FOR THE PURPOSE OF THE PRESENT AGREEMENT, UNLESS THE CONTEXT OTHERWISE REQUIRES:-

(A) THE TERM "AERONAUTICAL AUTHORITIES" MEANS, IN THE CASE OF JAPAN, THE MINISTRY OF TRANSPORTATION AND ANY PERSON OR BODY AUTHORISED TO PERFORM ANY FUNCTIONS PRESENTLY EXERCISED BY THE SAID MINISTRY OR SIMILAR FUNCTIONS, AND, IN THE CASE OF DENMARK, THE MINISTRY OF PUBLIC WORKS AND ANY PERSON OR BODY AUTHORISED TO PERFORM ANY FUNCTIONS PRESENTLY EXERCISED BY THE SAID MINISTRY OR SIMILAR FUNCTIONS;

(B) THE TERM "DESIGNATED AIRLINE" MEANS AN AIRLINE WHICH ONE CONTRACTING PARTY SHALL HAVE DESIGNATED BY WRITTEN NOTIFICATION TO THE OTHER CONTRACTING PARTY FOR THE OPERATION OF AIR SERVICES ON THE ROUTES SPECIFIED IN SUCH NOTIFICATION, AND WHICH HAS THE APPROPRIATE OPERATING PERMISSION FROM THAT OTHER CONTRACTING PARTY, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 OF THE PRESENT AGREEMENT;

(C) THE TERM "TERRITORY" IN RELATION TO A STATE MEANS THE LAND AREAS AND TERRITORIAL WATERS ADJACENT THERETO UNDER THE SOVEREIGNTY, SUZERAINTY, PROTECTION OR TRUSTEESHIP OF THAT STATE;

(D) THE TERM "AIR SERVICE" MEANS ANY SCHEDULED AIR SERVICE PERFORMED BY AIRCRAFT FOR THE PUBLIC TRANSPORT OF PASSENGERS, CARGO OR MAIL;

(E) THE TERM "INTERNATIONAL AIR SERVICE" MEANS AN AIR SERVICE WHICH PASSES THROUGH THE AIR SPACE OVER THE TERRITORY OF MORE THAN ONE STATE;

(F) THE TERM "AIRLINE" MEANS ANY AIR TRANSPORT ENTERPRISE OFFERING OR OP ERATING AN INTERNATIONAL AIR SERVICE;

(G) THE TERM "STOP FOR NON-TRAFFIC PURPOSES" MEANS A LANDING FOR ANY PURPOSE OTHER THAN TAKING ON OR PUTTING DOWN PASSENGERS, CARGO OR MAIL;

(H) THE TERM "SCHEDULE" MEANS THE SCHEDULE TO THE PRESENT AGREEMENT OR AS AMENDED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 15 OF THE PRESENT AGREEMENT.

(2) THE SCHEDULE FORMS AN INTEGRAL PART OF THE PRESENT AGREEMENT, AND ALL REFERENCE TO THE "AGREEMENT" SHALL INCLUDE REFERENCE TO THE SCHEDULE EXCEPT WHERE OTHERWISE PROVIDED.

ARTICLE 3

EACH CONTRACTING PARTY GRANTS TO THE OTHER CONCTRACTING PARTY THE RIGHTS SPECIFIED IN THE PRESENT AGREEMENT TO ENABLE ITS DESIGNATED AIRLINES TO ESTABLISH INTERNATIONAL AIR SERVICES ON THE ROUTES SPECIFIED IN THE APPROPRIATE SECTION OF THE SCHEDULE (HEREINAFTER CALLED "AGREED SERVICES" AND "SPECIFIED ROUTES" RESPECTIVELY).

ARTICLE 4

(1) THE AGREED SERVICES ON ANY SPECIFIED ROUTE MAY BE INAUGURATED IMMEDIATELY OR AT A LATER DATE AT THE OPTION OF THE CONTRACTING PARTY TO WHICH THE RIGHTS ARE GRANTED UNDER ARTICLE 3 OF THE PRESENT AGREEMENT, BUT NOT BEFORE

(A) THE CONTRACTING PARTY TO WHICH THE RIGHTS HAVE BEEN GRANTED HAS DESIGNATED AN AIRLINE OR AIRLINES FOR THAT ROUTE, AND

(B) THE CONTRACTING PARTY GRANTING THE RIGHTS HAS GIVEN THE APPROPRIATE OPERATING PERMISSION TO THE AIRLINE OR AIRLINES CONCERNED; WHICH IT SHALL, SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS ARTICLE AND OF PARAGRAPH (1) OF ARTICLE 7, BE BOUND TO GRANT WITHOUT DELAY.

(2) EACH OF THE AIRLINES DESIGNATED MAY BE REQUIRED TO SATISFY THE AERONAUTICAL AUTHORITIES OF THE OTHER CONTRACTING PARTY THAT IT IS QUALIFIED TO FULFIL THE CONDITIONS PRESCRIBED BY THE LAWS AND REGULATIONS NORMALLY AND REASONABLY APPLIED BY THOSE AUTHORITIES TO THE OPERATION OF INTERNATIONAL AIR SERVICES.

ARTICLE 5

(1) SUBJECT TO THE PROVISIONS OF THE PRESENT AGREEMENT, THE DESIGNATED AIRLINES OF EACH CONTRACTING PARTY SHALL ENJOY, WHILE OPERATING AN AGREED SERVICE ON A SPECIFIED ROUTE, THE FOLLOWING PRIVILEGES:-

(A) TO FLY WITHOUT LANDING ACROSS THE TERRITORY OF THE OTHER CONTRACTING PARTY;

(B) TO MAKE STOPS IN THE SAID TERRITORY FOR NON-TRAFFIC PURPOSES; AND

(C) TO MAKE STOPS IN THE SAID TERRITORY AT THE POINTS SPECIFIED FOR THAT ROUTE IN THE SCHEDULE FOR THE PURPOSES OF PUTTING DOWN AND OF TAKING ON INTERNATIONAL TRAFFIC IN PASSENGERS, CARGO AND MAIL.

(2) NOTHING IN PARAGRAPH (1) OF THIS ARTICLE SHALL BE DEEMED TO CONFER ON THE AIRLINES OF ONE CONTRACTING PARTY THE PRIVILEGE OF TAKING UP, IN THE TERRITORY OF THE OTHER CONTRACTING PARTY, PASSENGERS, CARGO OR MAIL CARRIED FOR REMUNERATION OR HIRE AND DESTINED FOR ANOTHER POINT IN THE TERRITORY OF THAT OTHER CONTRACTING PARTY.

ARTICLE 6

(1) THE CHARGES WHICH EITHER OF THE CONTRACTING PARTIES MAY IMPOSE, OR PERMIT TO BE IMPOSED, ON THE DESIGNATED AIRLINES OF THE OTHER CONTRACTING PARTY FOR THE USE OF AIRPORTS AND OTHER FACILITIES UNDER ITS CONTROL SHALL BE JUST AND REASONABLE AND NOT HIGHER THAN WOULD BE PAID FOR THE USE OF SUCH AIRPORTS AND FACILITIES BY ANY NATIONAL AIRLINE OF THE FIRST CONTRACTING PARTY IN PROVIDING SIMILAR INTERNATIONAL AIR SERVICES.

(2) IN RESPECT OF CUSTOMS DUTIES, INSPECTION FEES AND SIMILAR NATIONAL OR LOCAL DUTIES OR CHARGES ON FUEL, LUBRICATING OILS, SPARE PARTS, REGULAR AIRCRAFT EQUIPMENT AND AIRCRAFT STORES INTRODUCED INTO THE TERRITORY OF ONE CONTRACTING PARTY OR TAKEN ON BOARD AIRCRAFT IN THAT TERRITORY, BY OR ON BEHALF OF THE DESIGNATED AIRLINE OR AIRLINES OF THE OTHER CONTRACTING PARTY AND INTENDED SOLELY FOR USE BY OR IN THE AIRCRAFT OF THOSE AIRLINES, THE DESIGNATED AIRLINES OF THE SECOND CONTRACTING PARTY SHALL, SUBJECT TO COMPLIANCE WITH NORMAL CUSTOMS REGULATIONS, BE ACCORDED, IN ADDITION TO THE TREATMENT PRESCRIBED IN ARTICLE 24 OF THE CONVENTION, TREATMENT NOT LESS FAVOURABLE THAN THAT GRANTED BY THE FIRST CONTRACTING PARTY TO THE AIRLINES OF THE MOST FAVOURED NATION OR TO ITS NATIONAL AIRLINES ENGAGED IN INTERNATIONAL AIR SERVICES.  NEITHER CONTRACTING PARTY SHALL, HOWEVER, BE OBLIGED TO GRANT TO THE DESIGNATED AIRLINES OF THE OTHER CONTRACTING PARTY EXEMPTION OR REMISSION OF CUSTOMS DUTIES, INSPECTION FEES OR SIMILAR NATIONAL OR LOCAL DUTIES OR CHARGES, UNLESS SUCH OTHER CONTRACTING PARTY GRANTS EXEMPTION OR REMISSION OF THE DUTIES OR CHARGES IN QUESTION TO THE DESIGNATED AIRLINES OF THE FIRST CONTRACTING PARTY.

ARTICLE 7

(1) EACH CONTRACTING PARTY RESERVES THE RIGHT TO WITHHOLD OR REVOKE THE PRIVILEGES SPECIFIED IN PARAGRAPH (1) OF ARTICLE 5 OF THE PRESENT AGREEMENT IN RESPECT OF AN AIRLINE DESIGNATED BY THE OTHER CONTRACTING PARTY, OR TO IMPOSE SUCH CONDITIONS AS IT MAY DEEM NECESSARY ON THE EXERCISE BY THE AIRLINE OF THOSE PRIVILEGES, IN ANY CASE WHERE IT IS NOT SATISFIED THAT SUBSTANTIAL OWNERSHIP AND EFFECTIVE CONTROL OF SUCH AIRLINE ARE VESTED IN THE CONTRACTING PARTY DESIGNATING THE AIRLINE OR IN NATIONALS OF SUCH CONTRACTING PARTY.

(2) EACH CONTRACTING PARTY RESERVES THE RIGHT TO SUSPEND THE EXERCISE BY A DESIGNATED AIRLINE OF THE OTHER CONTRACTING PARTY OF THE PRIVILEGES REFERRED TO IN PARAGRAPH (1) ABOVE, OR TO IMPOSE SUCH CONDITIONS AS IT MAY DEEM NECESSARY ON THE EXERCISE BY THE AIRLINE OF THOSE PRIVILEGES, IN ANY CASE WHERE SUCH AIRLINE FAILS TO COMPLY WITH SUCH LAWS AND REGULATIONS OF THE CONTRACTING PARTY GRANTING THOSE PRIVILEGES AS REFERRED TO IN ARTICLES 11 AND 13 OF THE CONVENTION OR OTHERWISE FAILS TO OPERATE IN ACCORDANCE WITH THE CONDITIONS PRESCRIBED IN THE PRESENT AGREEMENT; PROVIDED THAT, UNLESS LIMMEDIATE SUSPENSION OR IMPOSITION OF CONDITIONS IS ESSENTIAL TO PREVENT FURTHER INFRINGEMENTS OF SUCH LAWS AND REGULATIONS, THIS RIGHT SHALL BE EXERCISED ONLY AFTER CONSULTATION WITH THE OTHER CONTRACTING PARTY.

ARTICLE 8

THERE SHALL BE FAIR AND EQUAL OPPORTUNITY FOR THE AIRLINES OF BOTH CONTRACTING PARTIES TO OPERATE THE AGREED SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES.

ARTICLE 9

IN THE OPERATION BY THE DESIGNATED AIRLINES OF EITHER CONTRACTING PARTY OF THE AGREED SERVICES, THE INTERESTS OF THE DESIGNATED AIRLINES OF THE OTHER CONTRACTING PARTY SHALL BE TAKEN INTO CONSIDERATION SO AS NOT TO AFFECT UNDULY THE SERVICES WHICH THE LATTER PROVIDES ON ALL OR PART OF THE SAME ROUTES.

ARTICLE 10

(1) THE AGREED SERVICES PROVIDED BY THE DESIGNATED AIRLINES OF THE CONTRACTING PARTIES SHALL BEAR A CLOSE RELATIONSHIP TO THE REQUIREMENTS OF THE PUBLIC FOR SUCH SERVICES.

(2) THE AGREED SERVICES PROVIDED BY A DESIGNATED AIRLINE SHALL RETAIN AS THEIR PRIMARY OBJECTIVE THE PROVISION OF CAPACITY ADEQUATE TO CURRENT AND REASONABLY ANTICIPATED REQUIREMENTS FOR THE CARRIAGE OF PASSENGERS, CARGO AND MAIL ORIGINATING FROM OR DESTINED FOR THE TERRITORY OF THE CONTRACTING PARTY WHICH HAS DESIGNATED THE AIRLINE.  PROVISION FOR THE CARRIAGE OF PASSENGERS, CARGO AND MAIL BOTH TAKEN UP AND PUT DOWN AT POINTS ON THE SPECIFIED ROUTES IN THE TERRITORIES OF STATES OTHER THAN THAT DESIGNATING THE AIRLINE SHALL BE MADE IN ACCORDANCE WITH THE GENERAL PRINCIPLES THAT CAPACITY SHALL BE RELATED TO:-

(A) TRAFFIC REQUIREMENTS TO AND FROM THE TERRITORY OF THE CONTRACTING PARTY WHICH HAS DESIGNATED THE AIRLINE;

(B) THE REQUIREMENTS OF THROUGH AIRLINE OPERATION; AND

(C) TRAFFIC REQUIREMENTS OF THE AREA THROUGH WHICH THE AIRLINE PASSES, AFTER TAKING ACCOUNT OF LOCAL AND REGIONAL SERVICES.

ARTICLE 11

(1) THE TARIFFS ON ANY AGREED SERVICE SHALL BE ESTABLISHED AT REASONABLE LEVELS, DUE REGARD BEING PAID TO ALL RELEVANT FACTORS INCLUDING COST OF OPERATION, REASONABLE PROFIT, CHARACTERISTICS OF SERVICE (SUCH AS STANDARDS OF SPEED AND ACCOMMODATION) AND THE TARIFFS OF OTHER AIRLINES FOR ANY PART OF THE SPECIFIED ROUTE.  THESE TARIFFS SHALL BE FIXED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS OF THIS ARTICLE.

(2) AGREEMENT ON THE TARIFFS SHALL, WHEREVER POSSIBLE, BE REACHED BY THE DESIGNATED AIRLINES CONCERNED THROUGH THE RATE-FIXING MACHINERY OF THE INTERNATIONAL AIR TRANSPORT ASSOCIATION.  WHEN THIS IS NOT POSSIBLE, TARIFFS IN RESPECT OF EACH OF THE SPECIFIED ROUTES SHALL BE AGREED BETWEEN THE DESIGNATED AIRLINES CONCERNED.  IN ANY CASE THE TARIFFS SHALL BE SUBJECT TO THE APPROVAL OF THE AERONAUTICAL AUTHORITIES OF BOTH CONTRACTING PARTIES.

(3) IF THE DESIGNATED AIRLINES CONCERNED CANNOT AGREE ON THE TARIFFS, OR IF THE AERONAUTICAL AUTHORITIES OF EITHER CONTRACTING PARTY DO NOT APPROVE THE TARIFFS SUBMITTED TO THEM, IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (2) OF THIS ARTICLE, THE AERONAUTICAL AUTHORITIES OF THE CONTRACTING PARTIES SHALL ENDEAVOUR TO REACH AGREEMENT ON THE APPROPRIATE TARIFFS.

(4) IF THE AGREEMENT UNDER PARAGRAPH (3) OF THIS ARTICLE CANNOT BE REACHED, THE DISPUTE SHALL BE SETTLED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 14 OF THE PRESENT AGREEMENT.

(5) NO NEW TARIFF SHALL COME INTO EFFECT IF THE AERONAUTICAL AUTHORITIES OF EITHER CONCTRACTING PARTY ARE DISSATISFIED WITH IT EXCEPT UNDER THE TERMS OF PARAGRAPH (3) OF ARTICLE 14 OF THE PRESENT AGREEMENT.  PENDING DETERMINATION OF THE TARIFFS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, THE TARIFFS ALREADY IN FORCE SHALL PREVAIL.

ARTICLE 12

THE AERONAUTICAL AUTHORITIES OF EITHER CONTRACTING PARTY SHALL SUPPLY TO THE AERONAUTICAL AUTHORITIES OF THE OTHER CONTRACTING PARTY AT THE LATTER'S REQUEST SUCH PERIODIC OR OTHER STATEMENTS OF STATISTICS AS MAY BE REASONABLY REQUIRED FOR THE PURPOSE OF SURVEYING THE CAPACITY PROVIDED ON THE AGREED SERVICES BY THE DESIGNATED AIRLINES OF THE FIRST CONTRACTING PARTY.  SUCH STATEMENTS SHALL INCLUDE ALL INFORMATION REQUIRED TO ASCERTAIN THE AMOUNT OF TRAFFIC CARRIED BY THOSE AIRLINES ON THE AGREED SERVICES.

ARTICLE 13

THERE SHALL BE REGULAR AND FREQUENT CONSULTATION BETWEEN THE AERONAUTICAL AUTHORITIES OF THE CONTRACTING PARTIES TO ENSURE CLOSE COLLABORATION IN ALL MATTERS AFFECTING THE FULFILMENT OF THE PRESENT AGREEMENT.

ARTICLE 14

(1) IF ANY DISPUTE ARISES BETWEEN THE CONTRACTING PARTIES RELATING TO THE INTERPRETATION OR APPLICATION OF THE PRESENT AGREEMENT, THE CONTRACTING PARTIES SHALL IN THE FIRST PLACE ENDEAVOUR TO SETTLE IT BY NEGOTIATION BETWEEN THEMSELVES.

(2) IF THE CONTRACTING PARTIES FAIL TO REACH A SETTLEMENT BY NEGOTIATION, THE DISPUTE MAY AT THE REQUEST OF EITHER CONTRACTING PARTY BE SUBMITTED FOR DECISION TO A TRIBUNAL OF THREE ARBITRATORS, ONE TO BE NAMED BY EACH CONTRACTING PARTY AND THE THIRD TO BE AGREED UPON BY THE TWO ARBITRATORS SO CHOSEN, PROVIDED THAT SUCH THIRD ARBITRATOR SHALL NOT BE A NATIONAL OF EITHER CONTRACTING PARTY.  EACH OF THE CONTRACTING PARTIES SHALL DESIGNATE AN ARBITRATOR WITHIN A PERIOD OF SIXTY DAYS FROM THE DATE OF RECEIPT BY EITHER CONTRACTING PARTY FROM THE OTHER CONTRACTING PARTY OF A DIPLOMATIC NOTE REQUESTING ARBITRATION OF THE DISPUTE AND THE THIRD ARBITRATOR SHALL BE AGREED UPON WITHIN A FURTHER PERIOD OF SIXTY DAYS.  IF EITHER OF THE CONTRACTING PARTIES FAILS TO DESIGNATE ITS OWN ARBITRATOR WITHIN THE PERIOD OF SIXTY DAYS OR IF THE THIRD ARBITRATOR IS NOT AGREED UPON WITHIN THE PERIOD INDICATED, THE PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE MAY BE REQUESTED BY EITHER CONTRACTING PARTY TO APPOINT AN ARBITRATOR OR ARBITRATORS.

(3) THE CONTRACTING PARTIES UNDERTAKE TO COMPLY WITH ANY DECISION GIVEN UNDER PARAGRAPH (2) OF THIS ARTICLE.

ARTICLE 15

EITHER CONTRACTING PARTY MAY AT ANY TIME REQUEST CONSULTATION WITH THE OTHER CONTRACTING PARTY FOR THE PURPOSE OF AMENDING THE PRESENT AGREEMENT, SUCH CONSULTATION TO BEGIN WITHIN A PERIOD OF SIXTY DAYS FROM THE DATE OF REQUEST.  IF THE AMENDMENT RELATES ONLY TO THE SCHEDULE, THE CONSULTATION SHALL BE BETWEEN THE AERONAUTICAL AUTHORITIES OF BOTH CONTRACTING PARTIES.  WHEN THESE AUTHORITIES AGREE ON A NEW OR REVISED SCHEDULE, THEIR RECOMMENDATIONS ON THE MATTER WILL COME INTO EFFECT AFTER THEY HAVE BEEN CONFIRMED BY AN EXCHANGE OF DIPLOMATIC NOTES.

ARTICLE 16

IF A GENERAL MULTILATERAL CONVENTION CONCERNING AIR TRANSPORT COMES INTO FORCE IN RESPECT OF BOTH CONTRACTING PARTIES, THE PRESENT AGREEMENT SHALL BE AMENDED SO AS TO CONFORM WITH THE PROVISIONS OF SUCH CONVENTION.

ARTICLE 17

EITHER OF THE CONTRACTING PARTIES MAY AT ANY TIME NOTIFY THE OTHER OF ITS INTENTION TO TERMINATE THE PRESENT AGREEMENT.  A COPY OF THE NOTICE SHALL BE SENT SIMULTANEOUSLY TO THE INTERNATIONAL CIVIL AVIATION ORGANIZATION FORMED BY THE CONVENTION.  IF SUCH NOTICE IS GIVEN, THE PRESENT AGREEMENT SHALL TERMINATE ONE YEAR AFTER THE DATE OF RECEIPT BY THE OTHER CONTRACTING PARTY OF THE NOTICE TO TERMINATE, UNLESS BY AGREEMENT BETWEEN THE CONTRACTING PARTIES THE NOTICE UNDER REFERENCE IS WITHDRAWN BEFORE THE EXPIRATION OF THAT PERIOD.  IF THE OTHER CONTRACTING PARTY FAILS TO ACKNOWLEDGE RECEIPT, NOTICE SHALL BE DEEMED TO HAVE BEEN RECEIVED FOURTEEN DAYS AFTER RECEIPT BY THE INTERNATIONAL CIVIL AVIATION ORGANIZATION OF ITS COPY.

ARTICLE 18

THE PRESENT AGREEMENT AND THE DIPLOMATIC NOTES EXCHANGED IN ACCORDANCE WITH ARTICLE 15 SHALL BE REGISTERED WITH THE INTERNATIONAL CIVIL AVIATION ORGANIZATION.

ARTICLE 19

THE PRESENT AGREEMENT WILL BE APPROVED BY EACH CONTRACTING PARTY IN ACCORDANCE WITH ITS LEGAL PROCEDURES AND THE AGREEMENT SHALL ENTER INTO FORCE UPON AN EXCHANGE OF DIPLOMATIC NOTES INDICATING SUCH APPROVAL.

IN WITNESS WHEREOF, THE UNDERSIGNED, BEING DULY AUTHORIZED BY THEIR RESPECTIVE GOVERNMENTS, HAVE SIGNED THE PRESENT AGREEMENT.

DONE AT COPENHAGEN THIS 26TH DAY OF FEBRUARY 1953 IN DUPLICATE IN THE ENGLISH LANGUAGE.

FOR JAPAN:

SHIROJI YUKI

FOR DENMARK:

OLE BJORN KRAFT

SCHEDULE

I. ROUTES TO BE SERVED BY THE DESIGNATED AIRLINE OR AIRLINES OF JAPAN.

A) TOKYO-OSAKA-FUKUOKA-OKINAWA-POINTS ON THE MAINLAND OF CHINA AND/OR ON THE ISLAND OF FORMOSA-HONG KONG OR MANILA-POINTS IN INDOCHINA-BANGKOK-RANGOON-COLOMBO-POINTS IN INDIA AND EAST AND WEST PAKISTAN-POINTS IN THE MIDDLE AND NEAR EAST-CAIRO-ATHENS-ROME-GENEVA, ZURICH OR MADRID-FRANKFURT AM MAIN-PARIS, BRUSSELS OR AMSTERDAM-POINTS IN SCANDINAVIA AND POINTS BEYOND, IN BOTH DIRECTIONS.

B) FUKUOKA-OSAKA-TOKYO-POINTS IN THE NORTH PACIFIC AND CANADA-POINTS IN SCANDINAVIA AND POINTS BEYOND, IN BOTH DIRECTIONS.

THE AGREED SERVICES PROVIDED BY THE DESIGNATED AIRLINE OR AIRLINES OF JAPAN SHALL BEGIN AT A POINT IN THE TERRITORY OF JAPAN, BUT OTHER POINTS ON THE ROUTE MAY AT THE OPTION OF THE DESIGNATED AIRLINE BE OMITTED ON ANY OR ALL FLIGHTS.

II. ROUTES TO BE SERVED BY THE DESIGNATED AIRLINE OR AIRLINES OF DENMARK.

A) POINTS IN SCANDINAVIA-POINTS IN EUROPE-POINTS IN THE NEAR AND THE MIDDLE EAST-POINTS IN PAKISTAN-POINTS IN INDIA-POINTS IN CEYLON-POINTS IN BURMA-BANGKOK-OKINAWA OR MANILA-TOKYO AND POINTS BEYOND, IN BOTH DIRECTIONS.

B) POINTS IN SCANDINAVIA-POINTS IN ALASKA AND THE ALEUTIAN ISLANDS-TOKYO AND POINTS BEYOND, IN BOTH DIRECTIONS.

THE AGREED SERVICES PROVIDED BY THE DESIGNATED AIRLINE OR AIRLINES OF DENMARK SHALL BEGIN AT A POINT IN SCANDINAVIA, BUT OTHER POINTS ON THE ROUTE MAY AT THE OPTION OF THE DESIGNATED AIRLINE BE OMITTED ON ANY OR ALL FLIGHTS.

III. THE WORD SCANDINAVIA IN THIS SCHEDULE MEANS DENMARK, NORWAY, SWEDEN AND DANISH TERRITORIAL POSSESSIONS.

1. WHILE THE GOVERNMENT OF DENMARK RECOGNISE THAT FOR THE TIME BEING ADMINISTRATIVE, LEGISLATIVE AND JURISDICTIONAL AUTHORITY IN OKINAWA IS VESTED IN THE UNITED STATES ADMINISTRATION THERE UNDER ARTICLE 3 OF THE TREATY OF PEACE WITH JAPAN, SUCH RECOGNITION IS WITHOUT PREJUDICE TO ANY CLAIM JAPAN MAY HAVE TO THE RESIDUAL SOVEREIGNTY OVER OKINAWA.

2. THE GOVERNMENT OF DENMARK UNDERSTAND THAT IF JAPAN RESUMES THE EXERCISE OF ADMINISTRATIVE, LEGISLATIVE AND JURISDICTIONAL AUTHORITY OVER OKINAWA, THE DESIGNATED AIRLINES OF DENMARK WOULD, FROM THE DATE OF SUCH RESUMPTION, CEASE TO EXERCISE TRAFFIC RIGHTS AT OKINAWA; IN WHICH CASE THE GOVERNMENT OF JAPAN WILL ENTER WITHOUT DELAY INTO NEGOTIATIONS WITH THE GOVERNMENT OF DENMARK IN RESPECT OF SUCH RIGHTS.

I HAVE FURTHER THE HONOUR TO REQUEST YOUR EXCELLENCY TO BE GOOD ENOUGH TO CONFIRM, ON BEHALF OF YOUR GOVERNMENT, THAT THESE ARE ALSO THE UNDERSTANDINGS OF THE GOVERNMENT OF DENMARK.

I AVAIL MYSELF OF THIS OPPORTUNITY TO RENEW TO YOUR EXCELLENCY, MONSIEUR LE MINISTRE, THE ASSURANCE OF MY HIGHEST CONSIDERATION.

COPENHAGEN, FEBRUARY 26TH, 1953.

SHIROJI YUKI

HIS EXCELLENCY MONSIEUR OLE BJORN KRAFT, MINISTER OF FOREIGN AFFAIRS, COPENHAGEN.

MONSIEUR LE MINISTRE, I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR EXCELLENCY'S NOTE OF TODAY'S DATE READING AS FOLLOWS:

"WITH REFERENCE TO THE AGREEMENT BETWEEN JAPAN AND DENMARK FOR AIR SERVICES SIGNED TODAY, I HAVE THE HONOUR TO STATE THAT THE FOLLOWING ARE THE UNDERSTANDINGS OF THE GOVERNMENT OF JAPAN:-

"1. WHILE THE GOVERNMENT OF DENMARK RECOGNISE THAT FOR THE TIME BEING ADMINISTRATIVE, LEGISLATIVE AND JURISDICTIONAL AUTHORITY IN OKINAWA IS VESTED IN THE UNITED STATES ADMINISTRATION THERE UNDER ARTICLE 3 OF THE TREATY OF PEACE WITH JAPAN, SUCH RECOGNITION IS WITHOUT PREJUDICE TO ANY CLAIM JAPAN MAY HAVE TO THE RESIDUAL SOVEREIGNTY OVER OKINAWA.

"2. THE GOVERNMENT OF DENMARK UNDERSTAND THAT IF JAPAN RESUMES THE EXERCISE OF ADMINISTRATIVE, LEGISLATIVE AND JURISDICTIONAL AUTHORITY OVER OKINAWA, THE DESIGNATED AIRLINES OF DENMARK WOULD, FROM THE DATE OF SUCH RESUMPTION, CEASE TO EXERCISE TRAFFIC RIGHTS AT OKINAWA; IN WHICH CASE THE GOVERNMENT OF JAPAN WILL ENTER WITHOUT DELAY INTO NEGOTIATIONS WITH THE GOVERNMENT OF DENMARK IN RESPECT OF SUCH RIGHTS.

"I HAVE FURTHER THE HONOUR TO REQUEST YOUR EXCELLENCY TO BE GOOD ENOUGH TO CONFIRM, ON BEHALF OF YOUR GOVERNMENT, THAT THESE ARE ALSO THE UNDERSTANDINGS OF THE GOVERNMENT OF DENMARK."

I HAVE THE HONOUR TO CONFIRM ON BEHALF OF MY GOVERNMENT THAT THE SAME ARE ALSO THE UNDERSTANDINGS OF THE GOVERNMENT OF DENMARK.

I AVAIL MYSELF OF THIS OPPORTUNITY TO RENEW TO YOUR EXCELLENCY, MONSIEUR LE MINISTRE, THE ASSURANCE OF MY HIGHEST CONSIDERATION.

COPENHAGEN, FEBRUARY 26TH, 1953.

OLE BJORN KRAFT

HIS EXCELLENCY MONSIEUR SHIROJI YUKI, MINISTER OF JAPAN, COPENHAGEN.

IN THIS CONNECTION I HAVE THE HONOUR TO CONFIRM, ON BEHALF OF MY GOVERNMENT, THE FOLLOWING UNDERSTANDING REACHED IN THE COURSE OF THE NEGOTIATIONS PRECEDING THE SIGNATURE OF THE AGREEMENT:-

(1) DET DANSKE LUFTFARTSELSKAB (DDL) CO-OPERATING WITH AB AEROTRANSPORT (ABA) AND DET NORSKE LUFTFARTSELSKAP (DNL) UNDER THE DESIGNATION OF SCANDINAVIAN AIRLINES SYSTEM (SAS) MAY OPERATE THE ROUTES FOR WHICH IT HAS BEEN DESIGNATED UNDER THE AGREEMENT WITH AIRCRAFT, CREWS AND EQUIPMENT OF EITHER OR BOTH OF THE OTHER TWO AIRLINES.

(2) IN SO FAR AS DET DANSKE LUFTFARTSELSKAB (DDL) EMPLOY AIRCRAFT, CREWS AND EQUIPMENT OF THE OTHER AIRLINES PARTICIPATING IN THE SCANDINAVIAN AIRLINES SYSTEM (SAS), THE PROVISIONS OF THE AGREEMENT SHALL APPLY TO SUCH AIRCRAFT, CREWS AND EQUIPMENT AS THOUGH THEY WERE THE AIRCRAFT, CREWS AND EQUIPMENT OF DET DANSKE LUFTFARTSELSKAB (DDL), AND THE COMPETENT DANISH AUTHORITIES AND DET DANSKE LUFTFARTSELSKAB (DDL) SHALL ACCEPT FULL RESPONSIBILITY UNDER THE AGREEMENT THEREFOR.

I AVAIL MYSELF OF THIS OPPORTUNITY TO RENEW TO YOUR EXCELLENCY, MONSIEUR LE MINISTRE, THE ASSURANCE OF MY HIGHEST CONSIDERATION.

COPENHAGEN, FEBRUARY 26TH, 1953.

OLE BJORN KRAFT

HIS EXCELLENCY MONSIEUR SHIROJI YUKI, MINISTER OF JAPAN, COPENHAGEN.

MONSIEUR LE MINISTRE, WITH REFERENCE TO THE AGREEMENT BETWEEN JAPAN AND DENMARK FOR AIR SERVICES, SIGNED AT COPENHAGEN ON 26TH FEBRUARY 1953 I HAVE THE HONOUR TO NOTIFY YOUR EXCELLENCY THAT, IN ACCORDANCE WITH ARTICLE 4 OF THE AGREEMENT, THE GOVERNMENT OF JAPAN WILL DESIGNATE AN AIRLINE OR AIRLINES AT A LATER DATE TO OPERATE THE ROUTES I A AND B OF THE SCHEDULE ATTACHED TO THE AGREEMENT.

IN THIS CONNECTION I HAVE THE HONOUR TO CONFIRM, ON BEHALF OF MY GOVERNMENT, THE FOLLOWING UNDERSTANDING REACHED IN THE COURSE OF THE NEGOTIATIONS PRECEDING THE SIGNATURE OF THE AGREEMENT:-

(1) DET DANSKE LUFTFARTSELSKAB (DDL) CO-OPERATING WITH AB AEROTRANSPORT (ABA) AND DET NORSKE LUFTFARTSELSKAP (DNL) UNDER THE DESIGNATION OF SCANDINAVIAN AIRLINES SYSTEM (SAS) MAY OPERATE THE ROUTES FOR WHICH IT HAS BEEN DESIGNATED UNDER THE AGREEMENT WITH AIRCRAFT, CREWS AND EQUIPMENT OF EITHER OR BOTH OF THE OTHER TWO AIRLINES.

(2) IN SO FAR AS DET DANSKE LUFTFARTSELSKAB (DDL) EMPLOY AIRCRAFT, CREWS AND EQUIPMENT OF THE OTHER AIRLINES PARTICIPATING IN THE SCANDINAVIAN AIRLINES SYSTEM (SAS), THE PROVISIONS OF THE AGREEMENT SHALL APPLY TO SUCH AIRCRAFT, CREWS AND EQUIPMENT AS THOUGH THEY WERE THE AIRCRAFT, CREWS AND EQUIPMENT OF DET DANSKE LUFTFARTSELSKAB (DDL), AND THE COMPETENT DANISH AUTHORITIES AND DET DANSKE LUFTFARTSELSKAB (DDL) SHALL ACCEPT FULL RESPONSIBILITY UNDER THE AGREEMENT THEREFOR.

I AVAIL MYSELF OF THIS OPPORTUNITY TO RENEW TO YOUR EXCELLENCY, MONSIEUR LE MINISTRE, THE ASSURANCE OF MY HIGHEST CONSIDERATION.

COPENHAGEN, FEBRUARY 26TH, 1953.

SHIROJI YUKI

HIS EXCELLENCY MONSIEUR OLE BJORN KRAFT, MINISTER OF FOREIGN AFFAIRS, COPENHAGEN.