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7.2.3 Article 10 SPR arrangements

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Ambox content.png This page displays officially adopted European Commission Guidance Material for the Establishment and Modification of Functional Airspace Blocks (FAB), edition 2.0 of 08 December 2011, following the positive opinion (about Version 1.0) of the Single Sky Committee in its 38th session on 3 December 2010 and additional review processes by the FFPG and SSC (of intermediate Version 1.2) in August and November 2011. See the disclaimer agreed by the Single Sky Committee regarding the non-binding and evolving nature of the Guidance Material and its initial use.
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Cross-border or FAB arrangements between ANSPs in the frame of Article 10 SPR

Article Information
Category: ANSPs - Designation and Arrangements ANSPs - Designation and Arrangements
Content source: European Commission European Commission
Article Information
Legal References

Articles 10.1 and 10.2 of Regulation (EC) No 550/2004;

Regulation (EC) No 2096/2005 or EASA/EC Regulation (EC) No XXX/2011 (CR-IR).

FAB requirement (Mandatory)

Where ANSPs decide to avail themselves of the services of other service providers that have been certified in the Community:

  • ANSPs must formalise their working relationships by means of written agreements or equivalent legal arrangements,
    • setting out the specific duties and functions assumed by each provider; and
    • allowing for the exchange of operational data between all service providers in so far as GAT is concerned.
  • Those arrangements shall be notified to the NSA or authorities concerned.

N.B. While Article 10.1 sets an optional condition, Article 10.2 sets a mandatory requirement once two ANSPs have opted to enter into a voluntary arrangement in accordance with Article 10.1 SPR.

Explanatory material (e.g. scope, context, key or relevant issues to be considered etc)

Cross-border and other arrangements between ANSPs established in the frame of Article 10 SPR have to be looked at in the context of several mandatory requirements and options. The approval, where required, of such arrangements by the Member States concerned is discussed in the next section (7.2.4).

The purpose of Article 10 SPR is to allow for more flexibility in optimising ANS provision. Article 10 arrangements may be the means and opportunity to optimise ATS provision within small portions of airspace on a sound legal basis, as umbrella agreement for operational LoAs where previously delegation of ATS was the chosen means but never legally achieved.

In a FAB context, Article 10 SPR allows for more flexibility between the ATSPs, within the FAB, on the fringes of the FAB or in an inter-FAB situation. It must be noted that an Article 10 ‘sub-contracting’ arrangement does not change the joint designation of the FAB ATSPs and the associated responsibilities.

The ANSPs in a FAB should:

  • review their Article 10 written agreements or equivalent legal arrangements and identify needs of new agreements or to renew such arrangements in view of the new FAB operational environment;
  • verify that no working relationships are effectively established by which an ANSP in the Community avails itself of the services of another service provider certified in the Community, however without fulfilling the mandatory requirements set by Article 10.2, i.e.:
    • setting out the specific duties and functions assumed by each LoA party/ provider (N.B. a party to an LoA may be only an ATS unit of an ATSP);
    • allowing for (not affecting) the exchange of operational data between the service providers and with other service providers in so far as GAT is concerned;
  • verify that all their Article 10 agreements/ arrangements concluded are notified to the responsible NSA(s). There is high interaction of Article 10 SPR with the regulatory requirements regarding supervision in a FAB and of cross-border arrangements.

In addition, a written agreement or arrangement in the frame of Article 10 SPR should provide for, inter-alia:

  • the specific responsibilities, rights and obligations of the ANSPs concerned;
  • allocation of liability between the ANSPs and adequate insurance cover (address potentially different levels of maximum levels of liability/ insurance cover in mandatory insurance requirements also contained in the designation act);
  • authorisation to the ANSPs by the States concerned to agree LoAs at operational level, including their amendment process;
  • agreed rules and procedures (harmonised, common);
  • access to and protection of data; confidentiality issues (as necessary, complementing the data falling within the scope the mandatory requirements of Article 13 SPR;
  • a link with the arrangements for supervision among the NSAs;
  • dispute resolution; transitional aspects; the regular review and practical implementation of the arrangements provided for in the agreement; etc.

Depending on relevant national law and of the agreed partnership arrangements in a FAB, provisions such as authorisation by the States concerned to conclude Article 10 SPR arrangements at operational level may need to be accommodated with the FAB agreement and the FAB agreement on supervision.

In particular where designated ATS and MET service providers are concerned, these guidelines are complementary to the previous sections 7.2.1 and 7.2.2 (see also 7.2.4).

FAB Stakeholder(s) concerned

The stakeholders concerned in the conclusion of Article 10 SPR ANSP arrangements are more than just the ANSPs themselves. This is due because of the high inter-dependency between Article 10 SPR and the supervision required in such cross-border arrangements. All Article 10 arrangements must be notified to the responsible NSAs, irrespective of their scope or of whether they refer to cross-border arrangements or not.

Article 10 SPR arrangements in the case of ATS and, possibly, designated MET providers must be approved by the competent State authorities concerned before they may become effective. See also 7.2.4 and 7.2.5.

Wherever responsibility for ANS/ATM provision is shared with the military and depending on various possible circumstances (i.e. national law), the conclusion of such arrangements will need involvement of the military authorities having responsibilities for ANS/ATM provision and civil-military coordination.

Article 10 arrangements aiming for optimisation of ATS provision in a FAB should also be a matter of consultation of stakeholders as per Article 10 FR. In particular, the needs and requirements from the airspace users and social partners should be given attentive consideration.

Necessary and/or optional partnership arrangements, estimated feasibility and value-added

Article 10 SPR arrangements between the ANSPs should be results-oriented, whereby results should be seen as e.g. optimisation of service provision and improved response to the airspace users’ business needs, consolidation, rationalisation of services, tangible synergies, improved performance, etc. Article 10 SPR arrangements may cover, in principle, any area of the common requirements and the collaborations and co-ordinations that are necessary for the purpose of optimising ASM and ATFM. The feasibility, value-added and benefits of Article 10 arrangements between the ANSPs can be assessed only on a case-by-case basis.

Impacts or implications of arrangements, e.g. on FAB operations, stakeholders, performance, flexibility etc

The impact of Article 10 arrangements concluded by ANSPs on FAB operations, stakeholders, performance etc may vary considerably and should be assessed on a case-by-case basis by the ANSPs concerned.

The impact may be higher where such arrangements are reviewed and amended in the spirit of the new FAB definition, i.e. by focusing specifically on performance-driven and optimised provision of ANS and related functions, with a view to enhanced cooperation among the ANSPs or, where appropriate and agreed by those States, an integrated provider.

Dependencies and relation to other requirements or conditions

This requirement interacts with those for the joint designation of ATSPs (addressed in section 7.2.1) and possibly of MET providers (addressed in section 7.2.2). It has also high interaction with the requirements in the new definition for FABs in the amended Article 2.25 FR. See section 7.2.1, same field, and also the explanatory material in the next section 7.2.4 where these interactions are detailed.

Recommended actions and supporting evidences

As per item 2.3 of the FAB Guidance checklist. The actions as regards Article 10 SPR arrangements should be considered from two different perspectives: (a) what should be the aim of such arrangements; and (b) actions required to ensure that legal obligations are met by all parties concerned as regards their specific roles and responsibilities: the ANSPs, the NSAs and the State authorities. ANSPs and NSAs may find it useful to set-up and maintain a registry of the notified Article 10 agreements and related LoAs.

Reference material for implementation

Link to the related checklist

2.3 Cross-border or FAB arrangements between ANSPs as per Article 10 SPR