AGREEMENTBETWEEN THE GOVERNMENT OF THE REPUBLIC OF SERBIA AND THE GOVERNMENT OF THE REPUBLIC OF CROATIA ON THE DELEGATION OF THE RESPONSIBILITY FOR THE PROVISION OF AIR TRAFFIC SERVICES("Off. Herald of RS - Treaties", No. 4/2017) |
The Government of the Republic of Serbia and the Government of the Republic of Croatia (hereinafter: "the Contracting Parties")
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 Parties 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 of 13 December 1960, as variously amended, which was opened for signature on 27 June 1997 (the revised Convention);
Desiring to conclude an agreement for the purpose of providing Air Traffic Services according to the Single European Sky legislation so that its objectives can be achieved and airspace users may benefit from its implementation;
Referring to the Regulation (EC) No 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the Single European Sky, as amended and in particular Article 2(4) stipulating that "National supervisory authorities shall make appropriate arrangements for close cooperation with each other to ensure adequate supervision of air navigation service providers holding a valid certificate from one Member State that also provide services relating to the airspace falling under the responsibility of another Member State. Such cooperation shall include arrangements for the handling of cases involving non-compliance with the applicable common requirements set out in Article 6 or conditions set out in Annex II". While not yet a member of the European Union the Republic of Serbia, as a European Union candidate country, is applying the said regulation as per its obligations under the Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the Former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the establishment of a European Common Aviation Area;
Recognising that the conclusion of an agreement between States regarding the delegation of the responsibility for the provision of air traffic services 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 the responsibility for the provision of air traffic services in accordance with Appendix 1 and Appendix 2 to this Agreement;
Have agreed as follows:
Article 1
The objective of this Agreement is to define the rights and obligations of the Contracting Parties related to:
a) delegation of the responsibility for the provision of air traffic services over a portion of airspace of the Republic of Serbia, as defined in Appendix 1 to this Agreement according to the provision set forth in Annex 11 of Chicago Convention, applicable European Union legislation and the terms of this Agreement;
b) delegation of the responsibility for the provision of air traffic services over a portion of airspace of Republic of Croatia, as defined in Appendix 2 to this Agreement according to the provision set forth in Annex 11 of Chicago Convention, applicable European Union legislation and the terms of this Agreement.
Article 2
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 (ATS)" as a generic term includes flight information service, alerting service, air traffic advisory service, air traffic control service provided by the Contracting Parties.
3. "Air Navigation Service Provider (ANSP)" means any public or private entity providing air navigation services for general air traffic.
4. "Air Navigation Service Provider concerned" means an appropriate entity designated by the Contracting Party to provide Air Traffic Services, namely:
– for the Republic of Serbia: Serbia and Montenegro Air Traffic Services SMATSA LLC (hereinafter: SMATSA)
– for the Republic of Croatia: Croatia Control Ltd. (hereinafter: CCL).
5. "Airspace Management (ASM)" means a planning function with the primary objective of maximising the utilisation of available airspace by dynamic time-sharing and, at times, the segregation of airspace among various categories of users based on short-term needs.
6. "Air Traffic Flow Management (ATFM)" means the regulation of air traffic in order to avoid exceeding airport or air traffic control capacity in handling traffic, and to ensure that available capacity is used efficiently.
7. "Alerting Service" means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organizations as required.
8. "ATS Unit" means a generic term meaning variously, air traffic control unit, flight information centre, aerodrome flight information service unit or air traffic services reporting office.
9. "Chicago Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944 and includes:
– any amendment thereof that has been ratified by both Contracting Parties and has entered into force under Article 94a of the Convention, and
– 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 Parties.
10. "Certifying NSA" means, with respect to a particular ANSP, the national supervisory authority (NSA), nominated or established by particular Contracting Party, that has certified that ANSP, namely:
– the Civil Aviation Directorate of the Republic of Serbia (hereinafter: RSCAD), that has certified SMATSA;
– the Croatian Civil Aviation Agency (hereinafter: CCAA), that has certified CCL.
11. "Delegation of air traffic services" 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.
12. "Delegating State" means the State which delegates to another State the responsibility for the provision of air traffic services in the portion of the airspace above its territory, as follows:
– the Republic of Serbia in the cases described in the Appendix 1 to this Agreement;
– the Republic of Croatia in the cases described in Appendix 2 to this Agreement.
13. "GAT" or General Air Traffic means flights conducted in accordance with the rules and provisions of the International Civil Aviation Organization.
14. "MoT" – Ministry in charge of civil aviation.
15. "Providing State" means the State whose designated ANSP is responsible for the provision of air traffic services, as follows:
– the Republic of Serbia, over a portion of airspace defined in Appendix 1 to this Agreement;
– the Republic of Croatia, over a portion of airspace defined in Appendix 2 to this Agreement.
16. "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.
17. "Territorial NSA" means, with respect to a particular portion of airspace, the national supervisory authority (NSA) nominated or established by particular Contracting Party, that has responsibility for supervision of the Air Traffic Management and Air Navigation Services provision over that portion of airspace, namely:
– RSCAD, that has responsibility over a portion of airspace defined in Appendix 1 to this Agreement;
– CCAA, that has responsibility over a portion of airspace defined in Appendix 2 to this Agreement.
18. "Territory" in relation to a State, has the meaning specified in Article 2 of the Chicago Convention.
19. "ICAO" means International Civil Aviation Organization. ICAO is a specialized UN agency, established in 1944 in order to promote safe and orderly development of international civil aviation in the whole world. ICAO sets standards and recommended practices necessary, among other, for the safety of air traffic, security of air traffic and environment protection in the aviation field.
20. "FIR" (flight information region) means a specified region of airspace in which a flight information service and an alerting service are provided.
Unless stated otherwise or the context otherwise requires, other terms and expressions used in this Agreement shall be construed in accordance with their use and interpretation in the relevant European Union legislation adopted on the basis of the Treaty on the Functioning of the European Union and on the basis of the Convention on International Civil Aviation.
Article 3
The provisions of this Agreement shall be without prejudice to the States of the Contracting Parties sovereignty over the airspace above their territories or their rights and obligations under the Chicago Convention and other instruments of international law.
Article 4
The Contracting Parties agree that the responsibility for the provision of air traffic services, over a portion of the airspace defined in Appendix 1 to this Agreement, shall be transferred from SMATSA to CCL, according to the terms of Annex 11 to the Chicago Convention, applicable European Union legislation and this Agreement.
The Contracting Parties agree that the responsibility for the provision air traffic services, over a portion of the airspace defined in Appendix 2 to this Agreement, shall be transferred from CCL to SMATSA, according to the terms of Annex 11 to the Chicago Convention, applicable European Union legislation and this Agreement.
Contracting Parties hereby agree that SMATSA and CCL may add, modify or amend the Appendices to this Agreement with prior written approval of respective MoTs of Contracting Parties. The Contracting Parties shall ensure the continuous entirety and integrity of the Agreement.
Article 5
Contracting Parties hereby authorise SMATSA and CCL to negotiate and conclude additional Letters of Agreements containing the specific operational and technical aspects related to these matters. These agreements shall be based on this Agreement and its Appendices. In such cases SMATSA and CCL shall inform respective MoTs of the Contracting Parties in writing.
The operational and technical information pertinent to the transfer of responsibility for the provision air traffic services defined in Article 4 of this Agreement shall be exchanged in writing, between the respective ANSPs taking into account the ICAO Standards and Recommended Practices, EU and national legislation in force, as well as local circumstances.
These Letters of Agreement shall define and specify the rules and procedures to be applied in accordance with the provisions of this Agreement and shall follow the structure of the EUROCONTROL Common Format Letter of Agreement.
Article 6
APPLICATION OF RULES AND PROCEDURES
Contracting Parties agree that the rules and procedures pertaining to the provision of air traffic services in the Providing State shall apply when providing air traffic services in a portion of the airspace of the Delegating State defined in Appendix 1 and Appendix 2 to this Agreement.
Contracting Parties may agree, however, that certain rules and procedures of the Delegating States pertaining to the provision of air traffic services will remain applicable in the airspace concerned.
Article 7
Contracting Parties agree that the Certifying NSA shall carry out all supervision and safety oversight in respect of the provision of air traffic services in the portion of the airspace defined in Appendix 1 and Appendix 2 to this Agreement.
The Contracting Parties shall ensure that a written NSA Co-operation Agreement is concluded providing for the detailed conditions of the exercise of the rights and obligations of their NSAs under this Article and for the exchange and dissemination of safety-related and other relevant information.
Article 8
The Contracting Parties agree that an air traffic controller licence issued by one Contracting Party, if issued in compliance with the applicable European Union legislation, is valid for the provision of air traffic services in the portion of the airspace of the other State of the Contracting Party within which the responsibility for the provision of air traffic services is delegated under the terms of this Agreement.
Training of air traffic services personnel of one Contracting Party, providing air traffic services in the portion of airspace of the other State of the Contracting Party, shall include the requirements pertaining to the airspace concerned.
Article 9
Contracting Parties agree that Airspace Management in the portion of airspace described in Appendix 1 and Appendix 2 to this Agreement, shall be coordinated and implemented jointly by them, coordinated, in full respect of operational requirements and international obligations, standards and recommended practices.
Article 10
Each Contracting Party shall bear the costs of any activity performed by it under this Agreement, unless otherwise agreed by the Contracting Parties.
Article 11
The Providing State shall be liable for the damage caused by its wilful misconduct and gross negligence, or that of its agents or of any other person acting on its behalf, under the provisions of this Agreement.
Claims against the Providing State, its agents or any other person acting on its behalf shall be made in the courts, and subject to the law of the Providing State.
The Delegating State may bring an action against the Providing State to recover any compensation or costs paid or incurred as a result of loss or damage caused by the negligence of the Providing State, its agents or any other person acting on its behalf, while applying the provisions of this Agreement. The action shall be brought in the courts, and subject to the law of the Providing State.
Article 12
State Aircraft other than those of the Delegating State may not enter that portion of airspace where the responsibility for the provision of air traffic services has been delegated without prior Diplomatic Clearance or special permission from the Delegating State.
For State aircraft operating as GAT the same rules and procedures are to be applied as for the other GAT but where necessary, special procedures should be established to permit their access to the airspace.
State aircraft operating as OAT shall be subject to prior coordination between ANSPs subject to Letters of Agreement.
Article 13
COORDINATION AND CONTINGENCY PROCEDURES FOR MILITARY AND OTHER REASONS
The ANSPs shall coordinate current flight plans and other data concerning the flights in the airspace where the responsibility for the provision of air traffic services has been delegated.
Letters of Agreement shall be supplemented by coordination and contingency procedures established by the ANSPs concerned, subject to prior coordination with appropriate military Authorities.
Article 14
Contracting Parties shall agree upon the content of, and publish all relevant information regarding the portion of airspace defined in Appendix 1 and Appendix 2 to this Agreement, where the responsibility for the provision of air traffic services has been delegated, in their Aeronautical Information Package as defined in Annex 15 to the Chicago Convention.
Article 15
INVESTIGATION OF ACCIDENTS OR SERIOUS INCIDENTS
Contracting Parties shall institute an inquiry into the circumstances of accidents or serious incidents occurring in its territory.At its request, the Delegating State shall be provided with the necessary materials from the ANSP 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.
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 16
Any dispute between the Contracting Parties as to the interpretation or application of this Agreement, including its existence, validity or termination and financial repercussions, shall be settled through negotiations between the Contracting Parties. If a dispute cannot be settled through negotiations within six months from the date of any Contracting Parties written request to hold such negotiations, any Contracting Party may submit the dispute to final and binding arbitration in accordance with the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between Two States.
The number of arbitrators shall be three. If within sixty days after the date of the receipt of the notice of arbitration the Contracting Parties have not agreed on the three arbitrators, any Contracting Party may request the Secretary-General of the Permanent Court of Arbitration to appoint the arbitrators. Contracting Parties share the costs of the arbitral tribunal equally.
The language to be used in the arbitral proceedings shall be English. The place of arbitration shall be The Hague. The International Bureau of the Permanent Court of Arbitration shall serve as Registrar, and shall provide such administrative services as the Permanent Court of Arbitration shall direct.
Article 17
This Agreement may be terminated by either Contracting Party by written notice to the other Contracting Party, through diplomatic channels.
The termination shall become effective one (1) year after the date of receipt of such notice by the other Contracting Party.
In the event of war, during a period of emergency or in the interest of public safety, or in other exceptional circumstances, each Contracting Party has the right to suspend or terminate the Agreement with immediate effect, and shall notify the other Contracting Party accordingly.
The Letters of Agreement referred to in Article 5 shall contain provisions regarding their suspension and termination.
Article 18
This Agreement shall enter into force on the date of the receipt of the last written notification by which the Contracting Parties notify each other through diplomatic channels that their respective internal legal requirements for the entry into force of this Agreement have been fulfilled.
This Agreement shall be provisionally applied from the date of its signature.
Article 19
The provisions contained in the Appendices to this Agreement shall form an integral part thereof.
The provisions contained in the Appendices to this Agreement may be amended under the terms set out in Article 4 of this Agreement.
Article 20
If a Contracting Party considers it desirable to amend any provisions of this Agreement, it may request consultations with the other Contracting Party. Any amendments agreed by the Contracting Parties shall be in written form and shall enter into force in accordance with the provision of Article 18 paragraph 1 of this Agreement.
Amendments to the related Letters of Agreement may be jointly determined by direct agreement between appropriate ANSPs of the Contracting Parties in written form.
Article 21
TRANSITIONAL MEASURES FOR AGREEMENTS IN FORCE
Agreements between the respective ANSPs of the Contracting Parties which are in force 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. The assessment itself shall not prevent the continuity of the existing Agreements.
Article 22
This Agreement and any of its amendments shall be registered with ICAO, in accordance with the provisions of Article 83 of the Chicago Convention.
In witness whereof, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
Done in duplicate at Belgrade on this 17th day of December 2014 in the English language.
|
For the Government Professor Zorana Mihajlović, PhD, s.r. Deputy Prime Minister and |
For the Government Siniša Hajdaš Dončić, PhD, s.r. Minister of Maritime Affairs, |
Designated portion of
the airspace of the Republic of Serbia
for the delegation of the
responsibility for the provision
of air traffic services
Article 1
AIRSPACE
Within the airspace of the Republic of Serbia from 1500 feet to 4000 feet MSL, the responsibility for the provision of air traffic services is delegated to CCL in the airspace east of administrative line between the Republic of Serbia and the Republic of Croatia horizontally defined by the following coordinates:
|
Point A |
453312.0N;0185608.0E |
|
Point B |
453337.0N;0190205.0E |
|
Point C |
453147.0N;0190747.0E |
|
Point D |
452930.0N;0190957.0E |
|
Point E |
452408.0N;0191106.0E |
|
Point F |
451721.0N;0190724.0E |
Article 2
ATS ROUTES
The provision of air traffic services shall be based on a network of ATS routes published in appropriate Aeronautical Information Packages and applicable from the date of implementation of this Agreement.
SMATSA and CCL agree that the establishment, modification, revocation and closure of ATS routes, associated with the airspace described in Article 1 of this Appendix, shall be carried out mutually and coordinated, with full respect to operational requirements, international standards and recommended practices.
Article 3
ALERTING SERVICE
CCL, as the air traffic services provider in the airspace defined in Article 1 this Appendix, shall implement alerting service (ALR) activities in accordance with ICAO standards and recommended practices, and all available information about the aircraft in danger shall regularly submit to the Rescue Coordination Centre (RCC Serbia), which is responsible for search and rescue coordination in the airspace concerned.
SMATSA is required, before the application of this Agreement starts, to provide CCL with all relevant information about the RCC Serbia that is important for mutual coordination.
Designated portion of
the airspace of the Republic of Croatia
for the delegation of the
responsibility for the provision
of air traffic services
Article 1
AIRSPACE
Within the airspace of the Republic of Croatia from 7000 feet MSL to FL205, the responsibility for the provision of air traffic services is delegated to SMATSA in the airspace west of administrative line between the Republic of Serbia and the Republic of Croatia horizontally defined by the following coordinates:
|
Point A |
452035.0N;0190316.0E |
|
Point B |
450736.0N;0190439.0E |
Article 2
ATS ROUTES
The provision of air traffic services shall be based on a network of ATS routes published in appropriate Aeronautical Information Packages and applicable from the date of implementation of this Agreement.
SMATSA and CCL agree that the establishment, modification, revocation and closure of ATS routes, associated with the airspace described in Article 1 of this Appendix, shall be carried out mutually and coordinated, with full respect to operational requirements, international standards and recommended practices.
Article 3
ALERTING SERVICE
SMATSA, as the air traffic services provider in the airspace defined in Article 1 this Appendix, shall implement alerting service (ALR) activities in accordance with ICAO standards and recommended practices, and all available information about the aircraft in danger shall regularly submit to the responsible Rescue Coordination Centre (RCC Croatia), which is responsible for search and rescue coordination in the airspace concerned.
CCL is required, before the application of this Agreement starts, to provide SMATSA with all relevant information about the RCC Croatia that is important for mutual coordination.