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6.1.3.2 The Guidance Material takes into consideration the provisions of the Model Agreement on the Delegation of Air Traffic Services developed by the Delegation of ATS Task Force, and approved by the EUROCONTROL Provisional Council. This type of Agreement between States, once implemented, takes precedence over any other lower level agreement, such as the Common Format LoA.
6.2 SOVEREIGNTY
6.2.1 According to the Convention on International Civil Aviation (Chicago Convention) “the contracting States recognise that every State has complete and exclusive sovereignty over the airspace above its territory. For the purposes of this Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State”.
6.2.2 Based on the principle of the territorial sovereignty, it will fall under the jurisdiction of a State to prescribe the rules and regulations for the airspace above its territory. However, through signing the Chicago Convention, the States have undertaken to maintain, to the extent possible, their national rules and regulations in conformity with ICAO international standards and procedures.
6.2.3 In the Chicago Convention it is further prescribed that “any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organisation of the differences between its own practice and that established by the international standard”.
6.2.4 As a principle of sovereignty, the rules and procedures of the Delegating State apply in its territory. It is, however, actual practice to apply the rules and procedures pertaining to the provision of ATS of the Providing State. In the interest of safety and for the sake of efficiency, it is necessary that the air traffic controller is able to apply only one set of rules and procedures – those of the Providing State.
6.2.5 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.
6.2.6 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.
6.3 TERMINOLOGY
6.3.1 In accordance with para. 2.1.1 of Annex 11 to the Chicago Convention the full term prescribed is delegation of “the responsibility for establishing and providing air traffic services”. As this term indicates, the objective of the delegation is purely functional and will not imply any derogation of national sovereignty.
6.3.2 Thus, in the event of a State delegating to another State the responsibility for the provision of ATS in a portion of the airspace above its territory, the term delegation of the responsibility for the provision of ATS, as provided for in the Note under para. 2.1.1 of Annex 11 to the Chicago Convention, should be used by the States (instead of delegation of airspace) when drafting their delegation agreements.
Page 6-2 Released Issue Edition: 2.0
6.4 AIR TRAFFIC SERVICES
6.4.1 General
6.4.1.1 In Annex 11 to the Chicago Convention it is expressed as a Recommendation that “the delineation of airspace wherein air traffic services are to be provided, should be related to the nature of the route structure and the need for efficient service rather than to national boundaries”.
6.4.1.2 According to Note 1. under the Recommendation above it is further expressed that, “conclusions of agreements to permit the delineation of airspace lying across national boundaries is advisable when such action will facilitate the provision of air traffic services”.
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EUROCONTROL MANUAL FOR AIRSPACE PLANNING 2(124)
