Where the Government of India and the Government of Japan are parties to a multilateral air transport agreement, this Agreement shall be amended to comply with the provisions of that multilateral agreement. On 16 January 2009, the EU and Japan signed a horizontal agreement to establish air services between and beyond their territory and agreed on closer cooperation on safety and mutual recognition of the certification of aeronautical products by the European Aviation Safety Agency (EASA). When performing the services agreed by the designated air carriers of one Party, the interests of the designated air carriers of the other Party shall be taken into account in order not to unduely affect the services they provide on all or part of those routes. Each Party shall grant the other Party the rights provided for in this Agreement so that its designated carriers may establish international air services on the routes referred to in the relevant section of the flight plan (hereinafter referred to as “agreed services” or “specified routes”). For the purposes of this Convention, the provisions of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944 (hereinafter referred to as “the Convention”), applicable to air services established under this Convention, shall apply, in these Conditions or amended for both Parties in accordance with the relevant provisions of the Convention, for the duration of this Convention. 2. The horizontal agreement allows each EU airline to operate flights between Japan and any EU Member State in which it is established and where there is a bilateral agreement with Japan and where traffic rights are available. It does not replace bilateral agreements, but adapts them to bring them into line with EU law. This is an important step in the traditional introduction of air transport on the basis of nationality restrictions and complements the EU`s internal aviation market externally.
Air carriers of both Parties shall have a fair and equal opportunity to establish and operate the services agreed between and outside their respective territories. The agreed services provided by the designated airline of Japan on this route begin at a point in the territory of India, but other points on the itinerary may be omitted at the choice of the designated airline on one or all flights. Points in India – a point in eastern Pakistan – a point in Burma – a point in Thailand – points in Indo-China-Manila or Hong Kong Okinawa – Tokyo and, if desired, further indicates, in both directions. . Tokyo-Osaka-Fukuoka-Okinawa points on formosa island-Hong Kong or Manila in Indo-China-one point in Thailand-one point in Burma-Dhaka-Calcutta/Delhi and, if desired, further indicates in both directions. ACCORDINGLY, the undersigned, being duly authorized by their respective Governments, have signed this Agreement. With regard to the air services agreement signed today between Japan and India, I have the honour to state that the Government of Japan understands that if Japan were to take over administrative, legislative and judicial authority over Okinawa, the designated Indian airline would cease to exercise traffic rights in Okinawa from the date of such resumption; in this case, the Japanese government will immediately enter into negotiations with the Indian government on these rights. .
Accordingly, appointed their respective representatives who met as follows:. Regular and frequent consultations shall take place between the aviation authorities of the Parties in order to ensure close cooperation on all matters relating to the application of this Agreement. . . .