6.8.9 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, it normally falls within the responsibility of the ATS unit of the Providing State to accomplish the activities described in paras. 8.7 and 8.8. The further investigation is normally carried out by the relevant investigation authorities of the Delegating State.
6.8.10 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 following shall apply:
1.
A Contracting State will institute an inquiry into the circumstances of accidents or serious incidents occurring in its territory.
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 enquiry 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.
Edition: 2.0 Released Issue Page 6-9
6.9 CRITERIA FOR THE IDENTIFICATION OF AREAS WHERE DELEGATION OF ATS WOULD BE BENEFICIAL:
1) Geographical position of airports close to FIR boundaries;
2) Geographical position of major crossing points close to FIR boundaries;
3) Lateral protection of airways and/or predetermined routes close to FIR
boundaries;
4) Optimising the use of available radar coverage;
5) Optimising the use of available radiotelephony coverage;
6) Optimising the use of available air traffic control capacity;
7) Rationalisation of airspace sectorisation, avoiding short sector crossing
times; 8) Straightening of boundaries between ACCs to permit the transfer of control at clear operational boundaries; 9) Early transfer of control on unidirectional traffic flows; 10) On major traffic flows transfer of control where traffic is predominantly in level flight; 11) Avoiding multiple co-ordination between ACCs, where traffic penetrates one or several ACCs for short periods of time; 12) Ensuring operational continuity during climb and descent phases to avoid
multiple co-ordination between ACCs; 13) Specific operations; 14) Optimising the ATS provided to reduce aircrew workload.
(Ref: Final Report of the EATCHIP Task Force on Airspace Structure and Management)
[Editorial Note: The numbering above does not indicate a ranking of priorities]
Page 6-10 Released Issue Edition: 2.0
Annex 6A
MODEL AGREEMENT
ON THE
DELEGATION OF AIR TRAFFIC
SERVICES
EUROCONTROL
The Model Agreement on the Delegation of Air Traffic Services aims at facilitating and harmonising the delegation of Air Traffic Services (ATS), and hence to contributing to the optimisation of airspace utilisation. The Model Agreement has been endorsed by the EUROCONTROL ATM/CNS Consultancy Group (ACG) and approved by the EUROCONTROL Provisional Council. Further to a decision of the ICAO European Air Navigation Planning Group (EANPG), the Model Agreement will also have been disseminated to interested parties in the whole ICAO EUR Region.
The Model Agreement addresses the legal and regulatory aspects of delegation of ATS, and allows the appropriate ATS Units/Authorities to negotiate and conclude Letters of Agreement containing the operational and technical aspects of delegation of ATS. It recognises the need for States to follow the EUROCONTROL Common Format, Cross-Border, Inter-Centre Letter of Agreement when concluding their operational Letters of Agreement (LoA).
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