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7.2.6 Written agreements between civil and military

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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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7.2.6 Written agreements between civil and military authorities

Article Information
Category: FAB State Agreement FAB State Agreement
Content source: European Commission European Commission
Article Information
Legal References

Article 11 of Regulation (EC) No 550/2004, as amended by Article 2.6 of Regulation (EC) No 1070/2009;

Recital 12, Article 3(d) of Regulation (EC) No 2150/2005 (FUA-IR);

The Statement by the Member States on military issues related to the SES;

FAB requirement (Mandatory)

Member States in a FAB must, within the context of the common transport policy, take the necessary steps to ensure that written agreements between the competent civil and military authorities or equivalent legal arrangements are established or renewed with respect to the management of specific airspace blocks.

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

This section complements the explanatory and guidance material already provided in sections 5.2.2, 7.1.9, 7.1.10 and 7.1.11. It also relates with sections 7.4.2, 7.4.3, 7.4.7, 7.4.14 and, most notably, 7.5.1 as far as civil-military cooperation and coordination are required in the FAB as regards airspace design and utilisation and also the provision of services and related functions to GAT.

Wherever ATM is a joint civil and military responsibility, written agreements between the competent civil and military authorities or equivalent legal arrangements are a matter of necessity for several reasons, inter-alia to provide for clear allocation of duties/ responsibilities and rights, allocation of liability, use of harmonised or common rules and procedures, optimisation of ATM and/or service provision; and for enhancing safety, capacity and cost-efficiency, ensuring or supporting increased commonality and interoperability between the civil and the military air navigation systems, achieving tangible synergies etc.

Sections 7.1.9, 7.1.10 and 7.1.11 of this material have focused on the need to establish a sound legal and institutional framework in the FAB that ensures or facilitates civil-military and, to the extent needed, military-military partnership arrangements, in accordance with the relevant national law of the FAB States and to the extent required by the agreed FAB strategy, policies, objectives and operations. This framework should have its foundation in the FAB agreement. The subject-matter of the written agreements between the competent civil and military authorities or equivalent legal arrangements can be any of the requirements, optional conditions and other issues addressed in sections 7.4.2, 7.4.3, 7.4.7, 7.4.14 and 7.5.1, which are of civil-military concern. The subject matter of such written agreements may also vary and range from the higher-level legal/ institutional/ regulatory aspects of ATM/ANS to the more day-to-day operational and functional aspects involving civil and military cooperative/collaborative arrangements.

FAB Stakeholder(s) concerned

Same as for 7.1.10, same field. The FAB agreement and/or other pursuant acts may cascade down the duties in relation to the establishment or renewal of written agreements between the competent civil and military authorities or equivalent legal arrangements to specific civil and military authorities in the FAB States, other than those responsible for the FAB agreement.

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

Same explanations as in sections 7.1.10 and 7.1.11, same field. The feasibility/ risks, impact and value-added need to be addressed on a case-by-case basis.

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

To be addressed on a case-by-case basis. See also sections 7.1.10 and 7.1.11, same field.

Dependencies and relation to other requirements or conditions

As indicated in the explanatory material above.

Recommended actions and supporting evidences

As per items 1.10, 1.11 and 2.6 of the FAB guidance check-list. These actions should be addressed in conjunction with those recommended in 4.2, 4.3, 4.7, 4.14 and 5.1, which are of civil-military concern.

Reference material for implementation

The adoption of NF-IR and nomination of the NM has entailed considerable adaptations to the EUROCONTROL reference processes and material so far used in support of harmonised European airspace management, network development and ATFCM. This change process started in early 2011 and is on-going at fast pace at the date of this update. It is expected that it will continue for some time until the full transition from the previous network development processes to the new, improved NM procedures and network plans is completed in accordance with the NF-IR.

Consequently, users of this guidance material are also advised to check for updated new reference material and guidelines that may be available from the new Network Management portal.

The Network Management portal provides access to several sub-sites related to the network functions, some of them based on the previously existing EUROCONTROL ATM/ ASM/ ATFM (CFMU) web-pages; all these sub-sites are currently undergoing changes or reconstruction in view of their adaptation to the new network management and stakeholders’ requirements.

Updated information on civil-military coordination in the light of the network functions may be accessed here and here.

Link to the related checklist

2.6 Written agreements between civil and military