Air Navigation Services Providers and Airports Liability – Panel III

1. Air Navigation Services Providers and Airports Liability – Panel III Air Navigation Service Provision by an Intergovernmental Organisation EUROCONTROL Peter Tannhäuser Head of Legal Service EUROCONTROL 24 October 2014

2. EUROCONTROL but not EU EUROCONTROL & EU Estonia expected to join Jan 2015 EUROCONTROL Member States International Air Law Conference – 85th Anniversary Warsaw Convention Royal Castle Warsaw

3. EUROCONTROL Convention European Organisation for the Safety of Air Navigation • EUROCONTROL Convention • 13 December 1960 • Amended Convention • Protocol 12 February 1981 • Revised Convention • Protocol of 27 June 1997 • Not yet in force – however, early implementation of certain provisions of the revised Convention International Air Law Conference – 85th Anniversary Warsaw Convention Royal Castle Warsaw

4. EUROCONTROL Convention 1960 • Article 14 of the International Convention relating to co-operation for the safety of air navigation “EUROCONTROL” of 13 December 1960: “The Contracting Parties shall entrust to the Agency the air traffic services in the airspace defined in accordance with the provisions of paragraph 2 d), of Article 6 and of Article 38 of the present Convention.” International Air Law Conference – 85th Anniversary Warsaw Convention Royal Castle Warsaw

5. EUROCONTROL amended Convention 1981 • Article 2 paragraph 2 b) of the amended Convention of 12 February 1981: “At the request of one or more Contracting Parties, the Organisation may be entrusted with the following tasks: (b) to provide and operate, wholly or in part, air traffic services and facilities on behalf of such Parties;” International Air Law Conference – 85th Anniversary Warsaw Convention Royal Castle Warsaw

6. Maastricht Upper Area Control Centre One of the mostcost-effective ANSPs • 260,000 km2 extending over Belgium, the Netherlands,Luxembourg and North-West Germany • More than 1.5 million flights controlled (2013) • Annual costs (2013): € 138 M • 3rd largest control centre in Europe • 6th largest ANSP in Europe • Highest controller productivity in Europe International Air Law Conference – 85th Anniversary Warsaw Convention Royal Castle Warsaw

7. Liability of the Organisation Article 25 paragraph 2, 1st sentence of the amended Convention of 12 February 1981: “With regard to non-contractual liability, the Organisation shall make reparation for damage caused by the negligence of its organs, or of its servants in the scope of their employment, insofar as the damage can be attributed to them.” International Air Law Conference – 85th Anniversary Warsaw Convention Royal Castle Warsaw

8. Liability of the National Contracting Parties to the Maastricht Agreement Article 11 of the Agreement relating to the Provision and Operation of Air Traffic Services and Facilities by EUROCONTROL at the Maastricht Area Control Centre: • Liability of each National Contracting Party for damages in connection with services made available by it to the Organisation, to the extent to which damage is attributable to the National Contracting Party • Indemnification by the Organisation of the National Contracting Party against claims in connection with the ATS provision by the Organisation • Reference to the Organisation’s liability pursuant to Article 25.2 of the EUROCONTROL Convention and right of recourse against the National Contracting Parties in the case under 1 above • Right of the Organisation to take out insurance International Air Law Conference - 85th Anniversary Warsaw Convention Royal Castle Warsaw

9. END OF PRESENTATION Thank you for your attention International Air Law Conference - 85th Anniversary Warsaw Convention Royal Castle Warsaw