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

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

EUROCONTROL Convention European Organisation for the Safety of Air Navigation QEUROCONTROL Convention 13 December 1960 QAmended Convention Protocol 12 February 1981 QRevised Convention Protocol of 27 June 1997 ŸNot yet in force – however, early implementation of certain provisions of the revised Convention International Air Law Conference – 85 th Anniversary Warsaw Convention Royal Castle Warsaw

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 – 85 th Anniversary Warsaw Convention Royal Castle Warsaw

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 – 85 th Anniversary Warsaw Convention Royal Castle Warsaw

International Air Law Conference – 85 th Anniversary Warsaw Convention Royal Castle Warsaw 6  260,000 km 2 extending over Belgium, the Netherlands, Luxembourg and North-West Germany  More than 1.5 million flights controlled (2013)  Annual costs (2013): € 138 M  3 rd largest control centre in Europe  6 th largest ANSP in Europe  Highest controller productivity in Europe Maastricht Upper Area Control Centre One of the most cost-effective ANSPs

Liability of the Organisation Article 25 paragraph 2, 1 st 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 – 85 th Anniversary Warsaw Convention Royal Castle Warsaw

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: 1.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 2.Indemnification by the Organisation of the National Contracting Party against claims in connection with the ATS provision by the Organisation 3.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 4.Right of the Organisation to take out insurance International Air Law Conference - 85th Anniversary Warsaw Convention Royal Castle Warsaw

THANK YOU FOR YOUR ATTENTION END OF PRESENTATION International Air Law Conference - 85th Anniversary Warsaw Convention Royal Castle Warsaw