8.
“Territory" in relation to a State, has the meaning specified in Article 2 of the Chicago Convention.
In conformity with Annex 11 of the Chicago Convention.
Article 2 of the Chicago Convention: “Territory: For the purposes of this Convention the territory of a State shall be deemed to be the land areas and the territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.”
Edition: 2.0 Released Issue Annex 6A – Page 6-13
Article 2
Authorisation to Lower Level
Authorities (ATS Unit /ATS Authority)
(1)
The Contracting States agree that the responsibility for control of air traffic shall be transferred from an ATS unit of one State to another ATS unit in a neighbouring State, according to the provisions set forth in Annex 11 and under the terms of this Agreement.
(2)
The control information pertinent to the transfer shall be exchanged between the ATS units concerned having due regard to the national regulations in force and to the local circumstances.
(3)
The Contracting States agree that the appropriate ATS Unit/Authority of one State may provide air traffic services in a portion of the airspace of the other State, in accordance with the terms of this Agreement.
(4)
To that effect the Contracting States authorise their appropriate ATS Units/Authorities to conclude Letters of Agreement (LoA).
(5)
These Letters of Agreement (LoA) shall define the portion of airspace concerned and specify the rules and procedures to be applied in accordance with the provisions of this Agreement and shall follow the structure of the EUROCONTROL Common Format, Cross-Border, Inter-Centre Letter of Agreement (Hereinafter the Common Format LoA).
Article 3
Application of Rules and Procedures
(1)
The rules and procedures pertaining to the provision of ATS in the Providing State shall apply when providing ATS in a portion of the airspace of the Delegating State.
(2)
The ATS Unit/Authority of the Contracting States may agree, however, that certain rules and procedures of the Delegating State pertaining to the provision of ATS will remain applicable in the airspace concerned.
Based on the provisions of Annex 11 of the Chicago Convention and the conclusions of MATSE/5.
Paragraph 4 refers solely to paragraph 3 of Article 2. Hence the words “To that effect”.
The present Common Format LoA of EUROCONTROL will serve as a guideline for States.
As a principle of sovereignty, the rules and procedures ofthe Delegating State apply inits territory. It is, however, actual practice to apply the rules and procedurespertaining to the provision ofATS of the Providing State. Inthe interest of safety and for the sake of efficiency, it isnecessary that the air trafficcontroller is able to apply onlyone set of rules and procedures – those of theProviding State.
Page 6-14 – Annex 6A Released Issue Edition: 2.0
Article 4
Financial Arrangements
(1)
Each Contracting State shall bear the costs of any activity performed by it under this Agreement, unless otherwise agreed by the Contracting States.
(2)
The introduction of financial arrangements requires prior written agreement between the appropriate representatives of the Contracting States.
Article 5
Civil Liability
(1)
The Providing State shall be liable for the damage caused by its negligence, or that of its agents or of any other person acting on its behalf, under the provisions of this Agreement.
(2)
Claims against the Providing State, its agents or any other person acting on its behalf shall be made in the courts, and subject to the law of the Providing State.
(3)
The Delegating State may bring an action against the Providing State to recover any compensation or costs paid or incurred as a result of loss or damage caused by the negligence of the Providing State, its agents or any other person acting on its behalf, while applying the provisions of this Agreement. The action shall be brought in the courts, and subject to the law of the Providing State.
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