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Although this Model Agreement will have been distributed to States under separate cover, the Model Agreement is included here as background, informative material.
Edition: 2.0 Released Issue Annex 6A – Page 6-11 Page 6-12 – Annex 6A Released Issue Edition: 2.0
Text Explanatory Notes
Preamble A g r e e m e n t between the Government of ......(State) and the Government of ......…....(State) on the Delegation of Air Traffic Services
The Government of ..........(State) and the Government of..........(State) (hereinafter: “the Contracting States”) Desiring to facilitate the safe conduct of international flight operations across their common State boundaries in the interests of the airspace users and their passengers; For the purpose of promoting air traffic services relations between the Contracting States for their mutual benefit; Being Parties to the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944 and desiring to conclude an agreement for the purpose of providing Air Traffic Services according to the international Standards and Recommended Practices set out in Annex 11 to the Chicago Convention, across and beyond their respective territories; Referring to the ECAC Institutional Strategy for ATM in Europe and the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation, which was opened for signature on 27 June 1997 (the revised Convention); Recognising that the conclusion of an agreement between States regarding the delegation of ATS shall not prejudice the principle that every State has complete and exclusive sovereignty over the airspace above its territory or the capacity of every State to exercise its prerogatives with regard to security and defence in its national airspace; Recognising, that the aim of this agreement is to address legal and institutional aspects of the delegation of ATS and to allow lower level authorities involved to negotiate and conclude Letters of Agreement containing the specific operational and technical aspects related to these matters. Have agreed as follows:
Article 1
Definitions
For the purpose of this Agreement, unless otherwise stated, the term:
1.
“Agreement” means this Agreement, its Appendices and any amendments thereto.
2.
“Air Traffic Service” as a generic term includes flight information service, alerting service, air traffic advisory service, air traffic control service provided by the Contracting States.
3.
“Appropriate ATS authority” means the relevant authority designated by the Contracting State responsible for providing air traffic services in the airspace concerned.
4.
“Chicago Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944 and includes:
a) any amendment thereof that has been ratified by both Contracting States and has entered into force under Article 94a of the Convention, and
b) any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as the international Standards referred to in Article 37 of the Convention in such Annex or amendment are at any given time effective for both Contracting States.
5.
“Delegation of ATS” means the delegation from one State (the Delegating State) to another State (the Providing State) of the responsibility for providing air traffic services in a portion of airspace extending over the territories of the former.
6.
“GAT” or General Air Traffic means flights conducted in accordance with the rules and provisions of ICAO.
7.
“OAT” or Operational Air Traffic means flights which do not comply with the provisions stated for GAT and for which rules and procedures have been specified by the appropriate authorities.
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