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6.4.10.2 In Annex 1 to the Chicago Convention it is also prescribed that “a Contracting State having issued an air traffic controller licence shall not permit the holder thereof to carry out instruction in an operational environment unless such holder has received proper authorisation from such Contracting State”. Furthermore, “a Contracting State, having issued a licence, shall ensure that other Contracting States are enabled to be satisfied as to the validity of the licence”.
6.4.10.3 In the situation where a State delegates to another State the responsibility for the provision of ATS in the airspace above its territory, the validity of the air traffic controller licences relevant to the provision of ATS in the portion of airspace concerned, should have been ensured. The training of ATS personnel of one Contracting State, providing ATS in the portion of airspace of the other Contracting State, shall include the requirements pertaining to the airspace concerned.
6.4.10.4 Furthermore, in Annex 1 to the Chicago Convention it is stated that “before exercising the privileges indicated in 4.5.3.1 (see ICAO Annex 1), the licence holder shall be familiar with all pertinent and current information”.
6.4.10.5 Therefore, 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 Providing State should be kept advised of all pertinent and current information regarding the portion of airspace concerned, in order to accomplish properly the requirements above.
Page 6-6 Released Issue Edition: 2.0
6.4.11 Forwarding of meteorological information
6.4.11.1 According to ICAO PANS-ATM (Doc 4444) Chapter 4 “air traffic services units shall forward without delay to their associated meteorological offices, in accordance with local arrangements, meteorological information received from aircraft in flight”.
6.4.11.2 In the situation where a State delegates to another State the responsibility for the provision of ATS in a portion of the airspace above its territory, the States should establish procedures regarding the forwarding of meteorological information.
6.4.12 Contingency procedures
6.4.12.1 In the event the ATS unit of the Providing State is unable to continue the provision of ATS in the portion of airspace of the Delegating State, the appropriate procedures to be applied should be specified.
6.5 APPLICATION OF THE RULES OF THE AIR
6.5.1 In Annex 2 to the Chicago Convention it is prescribed that “the rules of the air shall apply to aircraft bearing the nationality and registration marks of a Contracting State, wherever they may be, to the extent that they do not conflict with the rules published by the State having jurisdiction over the territory overflown”.
6.5.2 As a consequence, in the portion of the airspace above the territory of a State where the responsibility for the provision of ATS is delegated to another State, the rules of the air published by the Delegating State shall apply. However, Article 12 of the Chicago Convention prescribes that “each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention”.
6.6 TERRITORIAL MATTERS
6.6.1 (1) State Aircraft, other than those of the Delegating State, may not enter that portion of the airspace where the responsibility for the provision of ATS has been delegated without prior Diplomatic Clearance or special permission from the Delegating State.
(2) For State Aircraft operating as GAT the same rules and procedures are to be applied as for Civil Air Traffic, but where necessary, special procedures should be established to permit access to the airspace. OAT shall be subject to prior co-ordination between the military unit and the ATS Unit/Authority concerned.
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EUROCONTROL MANUAL FOR AIRSPACE PLANNING 2(128)
