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6.4.2 Delegation of the responsibility for the provision of ATS
6.4.2.1 Annex 11 to the Chicago Convention (para. 2.1.1) prescribes that “contracting States shall determine, in accordance with the provisions of this Annex, and for the territories over which they have jurisdiction, those portions of the airspace and those aerodromes where air traffic services will be provided. They shall thereafter arrange for such services to be established and provided in accordance with the provisions of this Annex, except that, by mutual agreement, a State may delegate to another State the responsibility for establishing and providing air traffic services in flight information regions, control areas or control zones extending over the territories of the former”.
6.4.2.2 In the Note. under para. 2.1.1 of Annex 11 to the Chicago Convention it is expressed that, “if one State delegates to another State the responsibility for the provision of air traffic services over its territory, it does so without derogation of its national sovereignty. Similarly, the providing State’s responsibility is limited to technical and operational considerations and does not extend beyond those pertaining to the safety and expedition of aircraft using the concerned airspace”.
6.4.2.3 “Furthermore, the providing State in providing air traffic services within the territory of the delegating State will do so in accordance with the requirements of the latter which is expected to establish such facilities and services for the use of the providing State as are jointly agreed to be necessary. It is further expected that the delegating State would not withdraw or modify such facilities or services without prior consultation with the providing State. Both the delegating and providing States may terminate the agreement between them at any time”.
6.4.2.4 The States shall describe the lateral and vertical limits of the portion of airspace within which the responsibility for the provision of ATS is delegated from one State to another State.
6.4.2.4.1In the cases where a delegation of the responsibility for the provision of ATS is based on a technically required adjustment of the AoR boundaries caused by the inability of video displays to depict the exact FIR boundaries, it may be sufficient to identify the new AoR boundary(ies) through use of significant points and agree to a broad statement that the responsibility for the provision of ATS is delegated in all airspace north, east, south or west of the AoR boundary(ies).
6.4.2.5 Both the Delegating and Providing State shall keep each other advised of any changes in the operational status of their communication and/or navigational facilities which may have an influence on the provision of ATS in the portion of airspace within which the responsibility for the provision of ATS is delegated.
Edition: 2.0 Released Issue Page 6-3
6.4.2.6 Moreover, the Common Format LoA provides that both Centres shall keep each other advised of any changes in the operational status of their facilities and navigational aids which may affect the procedures specified in the Letter of Agreement (LoA).
6.4.2.7 The States shall have established procedures pertaining to revisions and cancellation of the delegation agreement. According to the Common Format LoA, cancellation of the LoA by either State requires that the cancelling party declares its intention to cancel the LoA with a minimum pre-notification time as agreed and prescribed in the LoA. Should the Agreement on the Delegation of Air Traffic Services between the Contracting States be terminated, the LoA under it will, as a consequence, be cancelled with effect from the same date as that Agreement.
6.4.3 Authority responsible for the provision of ATS
6.4.3.1 In Annex 11 to the Chicago Convention (para. 2.1.3) it is prescribed that “when it has been determined that air traffic services will be provided, the States concerned shall designate the authority responsible for providing such services”.
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EUROCONTROL MANUAL FOR AIRSPACE PLANNING 2(125)
