ICAO POLICIES AND GUIDELINES RELATED TO INSTITUTIONAL ASPECTS CHICAGO CONVENTION GLOBAL POLICIES AND GUIDELINES FANS ANC-10 RIO DE JANEIRO CONFERENCE CNS\ATM GLOBAL PLAN REGIONAL CAR/SAM POLICY RAAC-6 GREPECAS CAR/SAM CNS/ATM REGIONAL PLAN RLA/98/003 CONCLUSION

CHICAGO CONVENTION PREAMBLE WHEREAS the future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security; WHEREAS it is desirable to avoid friction and to promote that cooperation between nations and peoples upon which the peace of the world depends; THEREFORE, the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically; Have accordingly concluded this Convention to that end.

CHICAGO CONVENTION Article 1 Article 2 Sovereignty The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. Article 2 Territory For the purposes of this Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.

CHICAGO CONVENTION Article 28 Air navigation facilities and standard systems Each contracting State undertakes, so far as it may find practicable, to: Provide, in its territory, airports radio services, meteorological services and other air navigation facilities to facilitate international air navigation, in accordance with the standards and practices recommended or established from time to time, pursuant to this Convention;

CHICAGO CONVENTION Article 28 . Adopt and put into operation the appropriate standard systems of communications procedure, codes, markings, signals, lighting and other operational practices and rules which may be recommended or established from time to time, pursuant to this Convention; sistemas normalizados apropiados sobre procedimientos Collaborate in international measures to secure the publication of aeronatucial maps and charts in accordance with standards which may be recommended or established from time to time, pursuant to this Convention.

CHICAGO CONVENTION Article 37 Adoption of international standards and procedures Each contracting State undertakes to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, the International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with:

CHICAGO CONVENTION Article 37 Communications systems and air navigation aids, including ground marking; Characteristics or airports and landing areas; Rules of the air and air traffic control practices; Licensing of operating and mechanical personnel; Airworthiness of aircraft; Registration and identification of aircraft; Collection and exchange of meteorological information;

CHICAGO CONVENTION Article 37 h) Log books; i) Aeronautical maps and charts; j) Customs and immigration procedures; k) Aircraft in distress and investigation of accidents; and such other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate.

CHICAGO CONVENTION Article 44 Objectives The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to: a) Insure the safe and orderly growth of international civil aviation throughout the world; b) Encourage the arts of aircraft design and operation for peacefuel purposes; c) Encourage the development orf airways, airports and air navigation facilities for international civil aviation;

CHICAGO CONVENTION Article 44 d) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; e) Prevent economic waste caused by unreasonable competition; f) Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines; g) Avoid discrimination between contracting States; h) Promote safety of flight in international air navigation; i) Promote generally the development of all aspects of international civil aeronautics.

CHICAGO CONVENTION Article 77 Joint operating organizations permitted Nothing in this Convention shall prevent two or more contracting States from constituting joint air transport operating organizations or international operating agencies and from pooling their air services on any routes or in any regions, but such organizations or agencies and such pooled services shall be subject to all the provisions of this Convention, including those relating to the registration of agreements with the Council. The Council shall determine in what manner the provisions of this Convention relating to nationality of aircraft shall apply to aircraft operated by inernational operating agencies.

GLOBAL POLICY AND GUIDELINES FANS l-1/2/3 ANC-10 FANS II-4 Río de Janeiro Conference GLOBAL CNS/ATM PLAN

FANS I- 1/2/3 INITIATION 1983 STUDY, IDENTIFY AND EVALUATE NEW TECHNOLOGIES, INCLUDING THE USE OF STATELLITES, AND FORMULATE RECCOMMENDATIONS FOR THE FUTURE DEVELOPMENT OF AIR NAVIGATION IN CIVIL AVIATION FOR A 25 YEAR PERIOD. DECIDED: THE ONLY VIABLE SOLUTION TO OVERCOME THE LIMITATIONS OF THE ACTUAL SYSTEM AND EFFECTIVELY SATISFY FUTURE GLOBAL REQUIREMENTS IN COST TERMS, IS TO TAKE ADVANTAGE OF THE SATELLITE TECHNOLOGY  CONCEPT FOR FANS SYSTEMS  POSSIBLE EVOLUTION SCENARIOS OF SYSTEM CNS ELEMENTS .  MATERIAL TO BE DISCUSSED IN THE TENTH ANC IN 1991.

10th Air Navigation Conference September 1991 Support of States/International Organizations ICAO’s role Future ATM concept and its objectives Emphasis in institutional aspects Establishement of: - Guidelines on Institutional/Legal aspects of future Air Navigation Systems; - Global basic requirements for SMAS - Global basic requirements for ATM transition - Global basic requirements for GNSS - Global basic requirements for ADS Emphasis in Human Factors aspects

FANS Phase II 4th Meeting Montreal, October 1993 GLOBAL AIR NAVIGATION PLAN FOR CNS/ATM SYSTEMS Refining of: - Guidelines on Institutional/Legal Aspects of CNS/ATM Systems; - Global basic requirements for: SMAS, ATN, GNSS, ADS Considerations on institutional, legal and economic aspects for the implementation of CNS/ATM Systems.

Global Conference on the Implementation of CNS/ATM Systems Rio de Janeiro, May 1998 Economic, financial, institutional and legal aspects Main results: National organic structures; National, Regional and Sub-regional cooperative approaches; Control, exploitation and property of the CNS/ATM System; Management of the Global ATM System - homogeneous areas - main traffic flows

GLOBAL AIR NAVIGATION PLAN FOR CNS/ATM SYSTEMS 1996 Review of the Plan “DOCUMENT IN FORCE” Technical, operational, economic, financial, juridical and institutional elements; Orientation document to regional and national planning; Document for strategic global planning; Institutional aspects included in the Guidelines; Statement on ICAO General Policy for the implementation and exploitation of CNS/ATM Systems Ap. A chp. 2 Guidelines for the Transition to ATM Global Systems Ap. F chp. 4 Guidelines for the Transition to Communications Systems Ap. B chp. 5 Guidelines for the Transition to Navigation Systems Ap. B chp. 6 Guidelines for the Transition to Surveillance Systems Ap. B chp. 7

REGIONAL GUIDELINES AND STRATEGIES GREPECAS CAR/SAM CNS/ATM REGIONAL PLAN RAAC-6 CAR/SAM-2 RLA/98/003

GREPECAS CAR/SAM 2 - 1989 Rec. 14/6 CNS/ATM SG - 1992 Dec. 2/30 GT Institutional Aspects CAR/SAM Regional Plan for the Implementation of CNS/ATM Systems – 1st version 1995 CNS/ATM IC SG - 1996 Action Plan CAR/SAM 3 - 1999 GREPECAS 10 - 2002 Conc. 10/5; 10/12, text related to the Regional Unification for ATFM

CAR/SAM Regional Plan for the Implementation of CNS/ATM Systems Doc. I Doc. II – Action Plan Doc. 10/6 GREPECAS 10 Statement on ICAO General Policy for the implementation and exploitation of CNS/Atm Systems Letter on Basic Principles for GNSS application Chap. 12 – Organizational and International Cooperation Aspects

RAAC-6 August 1999 Discussion on institutional aspects at SAM Region Authorities level CNS/ATM: different institutional arrangements Evaluation of the economic/institutional/ politic implications Conclusions 6/7, 6/8, 6/9

CAR/SAM Regional Air Navigation Plan RAN CAR/SAM 3, Buenos Aires, Argentina, October 1999 Evolutionary incorporation of elements of the Global and Regional Plans for the Implementation of CNS/ATM Systems; RANP Basic+FASID

CAR/SAM Regional Air Navigation Plan Improve operational security levels; Regularity of operations; Efficiency in airspace use and airports’ operations; Increment of schedule availability and flight profiles; Minimize air transport different requirements; ICAO General Statement for the implementation of CNS/ATM Systems.

Statement on ICAO General Policy for the implementation and exploitation of CNS/ATM Systems UNIVERSAL ACCESSIBILITY SOVEREIGNTY, AUTHORITY AND RESPONSIBILITY OF CONTRACTING STATES ICAO’s RESPONSIBILITY AND FUNCTION TECHNICAL COOPERATION INSTITUTIONAL ARRANGEMENTS IMPLEMENTATTION

Statement on ICAO General Policy for the implementation and exploitation of CNS/ATM Systems GLOBAL NAVIGATION SATELLITE SYSTEM AIRSPACE ORGANIZATION AND USE SERVICE CONTINUITY AND QUALITY COSTS RECOVERY

RLA/98/003 Powerful tool of assistance to States and organizations involved; Cost/benefit analysis for the implementation of CNS/ATM Systems Institutional aspects study

CONCLUSION THE GLOBAL NATURE OF CNS/ATM SYSTEMS REQUIRES INSTITUTIONAL ARRANGEMENTS DIFFERENT FROM THOSE EXISTENT IN THE CAR/SAM REGIONS. THE STUDY OF INSTITUTIONAL ASPECTS SHOULD CONDUCT TO A DECISION PROCESS ON INSTITUTIONAL IMPLEMENTATION OPTIONS.