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Protocol amending the Agreement between the Government of the Republic of Latvia and the Government of the Republic of India relating to Air Services

The Government of the Republic of Latvia and the Government of the Republic of India, hereinafter referred to as the "Contracting Parties",

Considering the necessity to supplement the Agreement between the Government of the Republic of Latvia and the Government of the Republic of India relating Air Services signed on October 20, 1997, hereinafter referred to as the "Agreement", with the provisions of cooperative marketing arrangements, intermodal services, routing flexibility and liberalization of all cargo services,

Have agreed as follows:

I. Two new articles - Article 12A and 12B shall be inserted in the agreement after Article 12 as follows:

"Article 12A
Cooperative Marketing Arrangements

1. When operating or holding out the agreed services, the designated airline(s) of each Party may enter into co-operative marketing arrangements, such as code share, block space or any other joint venture agreement, with-

(a) he designated airline(s) of the same Party; or

(b) the designated airline(s) of the other Party; or

(c) the designated airline(s) of a third country.

2. The operating airline(s) involved in the co-operative marketing arrangements shall hold the underlying traffic rights including the route rights and the capacity entitlements and meet the requirements normally applied to such arrangements.

3. All marketing airline(s) involved in the co-operating arrangements shall hold the underlying route rights and meet the requirements normally applied to such arrangements.

4. The total capacity operated by the air services performed under such arrangements shall be counted only against the capacity entitlement of the Party designated the operating airlines(s). The capacity offered by the marketing airline(s) on such services shall not be counted against the capacity entitlement of the Party designated that airline.

5. The designated airline(s) of either side shall be allowed to transfer traffic (i.e. starburst) between aircraft involved in the code-share operations without restriction as to number, size and type of aircraft.

6. In addition to the operating airline(s), the aeronautical authorities of each side may require the marketing airline(s) to file schedules for approval and also provide any other documents before commencement of air services under the co-operative marketing arrangements.

7. When holding out services for sale under such arrangements, the concerned airline or its agent shall make it clear to the purchaser at the point of sale as to which airline shall be the operating airline on each sector of the service and with which airline(s) the purchaser is entering into a contractual relationship.

8. Before providing code sharing services, the code sharing partners shall agree as to which party shall be responsible for security, safety, facilitation, liability and other consumer related matters. Such an agreement shall be filed with the aeronautical authorities of both Parties before implementation of the code-share arrangements."

"Article 12B
Intermodal Services

The designated airline(s) of each Party shall be permitted to employ, in connection with air transport of passengers and cargo, any intermodal transport to or from any point in the territory of the other Party. Such airline(s) may elect to perform their own intermodal transport or to provide it through arrangements, including code share, with other carriers. The intermodal services may be offered as a through service and at a single price for the air and intermodal transport combined, provided that passengers and shippers are informed as to the providers of such transportation."

II. In the Notes below the Route Schedule contained in the Annex to the Agreement, the following note shall be added after the note 3.

"4. Notwithstanding the points specified in Sections I and II, the designated airline(s) of each Contracting Party shall be entitled to operate all-cargo services to any point(s) in the territory of the other Contracting Party, via any intermediate point(s) and beyond to any point(s) and vice versa, without any limitation on the number of services and/or type of aircraft with full 3^rd, 4^th and 5^th freedom traffic rights, without exercising cabotage rights. Such all-cargo services may also be operated under co-operative marketing arrangements such as code sharing, blocked space, etc. with any other airline(s), including airlines of third countries."

III. This Protocol shall come into force on the date on which the Contracting Parties exchange Diplomatic Notes confirming fulfilment of their respective constitutional requirements necessary for the entry into force of this Protocol.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Protocol.

Done at New Delhi on 2^nd November 2017 in two originals each in the Latvian, Hindi and English languages, all the texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.