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6.6.2 If deemed necessary, the States should have established procedures authorising the Delegating State to temporarily suspend or limit the delegation of the responsibility for the provision of ATS (see the Common Format LoA, para. 2.2.5).
Edition: 2.0 Released Issue Page 6-7
6.7 ATS AIRSPACE CLASSIFICATION
6.7.1 In accordance with Annex 11 to the Chicago Convention “States shall select those airspace classes appropriate to their needs”.
6.7.2 However, 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 ATS airspace classifications as determined by the Delegating State apply in the airspace concerned.
6.7.3 Since the airspace classification is directly related to the level of ATS provided, States might, 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, undertake to negotiate the ATS airspace classifications to be applied in the portion of airspace concerned, in order to better accomplish the level of air traffic services requested.
6.8 AIR TRAFFIC INCIDENT INVESTIGATION
6.8.1 Regarding the applicability of Annex 13 to the Chicago Convention it is prescribed that “unless otherwise stated, the specifications in this Annex apply to activities following accidents and incidents wherever they occurred”.
6.8.2 In Annex 13 to the Chicago Convention it is prescribed that “the State of Occurrence shall institute an investigation into the circumstances of the accident”. Furthermore, in Annex 13 to the Chicago Convention it is expressed as a Recommendation that “the State of Occurrence should institute an investigation into the circumstances of a serious incident”.
6.8.3 In Annex 13 to the Chicago Convention the terms accident, serious incident and incident are defined. In the definition of a serious incident it is noted, that the difference between an accident and a serious incident lies only in the result. A list, however not exhaustive, of serious incidents is attached to Annex 13.
6.8.4 Annex 13 to the Chicago Convention further prescribes that “any State, the facilities or services of which have been, or would normally have been, used by an aircraft prior to an accident or an incident wherever it occurred, and which has information pertinent to the investigation, shall provide such information to the State conducting the investigation”.
6.8.5 Chapter 3 (Part II) of the ICAO Air Traffic Services Planning Manual (Doc 9426) is concerned with incidents specifically related to the provision of ATS and known as Air Traffic Incidents.
6.8.6 The term Air Traffic Incident is not defined, however described, according to ICAO PANS-ATM (Doc 4444), as incidents specifically related to the provision of air traffic services involving such occurrences as aircraft proximity (AIRPROX) or other serious difficulty resulting in a hazard to aircraft, caused by e.g. faulty procedures, non-compliance with procedures (PROCEDURE), or failure of ground facilities (FACILITY).
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6.8.7 Air Traffic Incident Reports, intended for use by pilots and air traffic controllers and any associated information should be recorded by the ATS unit concerned and forwarded to the appropriate investigation authority. All material relevant for the investigation should be secured.
6.8.8 The initial ATS investigation is normally carried out by the ATS unit to which the Air Traffic Incident has been reported or which noted it and should contain the following information:
statements by personnel involved;
tape transcripts of relevant radio and telephone communications;
copies of flight progress strips and other relevant data, including recorded radar data, if
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EUROCONTROL MANUAL FOR AIRSPACE PLANNING 2(129)
