(2)
At its request, the Delegating State shall be provided with the necessary materials from the ATS Unit/Authority of the Providing State (e.g. radar data recordings, tape transcriptions, etc.) in order to enable it to conduct an inquiry into an accident or serious incident occurring in the Delegating State’s territory.
(3)
The Providing State shall be given the opportunity to appoint observers to be present at the inquiry and the Delegating State shall communicate the report and findings of the inquiry to that State.
Article 11
Dispute Resolution
(1)
If any dispute arises between the Contracting States regarding the interpretation or application of any provision of this Agreement, the Contracting States shall in the first place endeavour to settle it by negotiation.
(2)
If the Contracting States are unable to resolve any disagreement by negotiation, the dispute shall be submitted for final decision to a third party (arbitrator) designated by both Contracting States.
(3)
The costs of arbitration, including its fees and expenses, shall be shared equally by the Contracting States.
In conformity with Article 26 and Annex 13 of the Chicago Convention.
In conformity with Directive 94/56 of the European Council.
Co-ordination between the two States concerned is in most cases necessary.
The possibility that the Contracting States could elect EUROCONTROL as their arbitrator was suggested by the members involved in the drafting of this Agreement.
Page 6-18 – Annex 6A Released Issue Edition: 2.0
Article 12 Termination/Suspension (1) This Agreement may be terminated by either Contracting State at any time by written notice to the other Contracting State. The termination shall become effective {12} months after the date of receipt of such notice by the other Contracting State. (2) In the event of war, during a period of emergency or in the interest of public safety, or in other exceptional circumstances, each Contracting State has the right to suspend or terminate the Agreement with immediate effect, and shall notify the other Contracting State accordingly. (3) The Letters of Agreement referred to in Article 2 (5) shall contain provisions regarding their suspension and termination. See Article 9 of the Chicago Convention. This is to meet defence requirements. If this agreement (State level) is terminated, the LoA under it will, as a consequence, be cancelled with effect from the same date of termination.
Article 13 Entry into Force (1) This Agreement shall enter into force as soon as the Contracting States have notified each other in writing of the completion of their respective constitutional requirements. (2) This Agreement may be provisionally applied from the date of its signature.
Article 14 Amendments (1) If a Contracting State considers it desirable to amend any provisions of this Agreement, it may request consultations with the other Contracting State. Any amendments agreed by the Contracting States shall come into force when they have been confirmed by an exchange of diplomatic notes. (2) Amendments to the Attached Common Format LoA may be jointly determined by direct Agreement between the appropriate ATS Units/Authorities of the Contracting States.
Edition: 2.0 Released Issue Annex 6A – Page 6-19
Article 15 Transitional Measures for Agreements Already in Operation Agreements which are in operation on the date of entry into force of this Agreement shall be assessed for possible revision in accordance with the provisions set out in this Agreement. “Agreements already in operation” refers to agreements on co-ordination procedures as well as agreements at the State level.
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