2013. évi CCXLVIII. törvény

a Magyarország Kormánya és a Koszovói Nemzetközi Biztonsági Erő (KFOR) között a Koszovó felett kijelölt légtérben egyes léginavigációs szolgálatok nyújtásáról és egyéb kapcsolódó tevékenységek ellátásáról szóló Végrehajtási Megállapodás kihirdetéséről[1]

1. § Az Országgyűlés e törvénnyel felhatalmazást ad a Magyarország Kormánya és a Koszovói Nemzetközi Biztonsági Erő (KFOR) között a Koszovó felett kijelölt légtérben egyes léginavigációs szolgálatok nyújtásáról és egyéb kapcsolódó tevékenységek ellátásáról szóló Végrehajtási Megállapodás (a továbbiakban: Megállapodás) kötelező hatályának elismerésére.

2. § Az Országgyűlés a Megállapodást e törvénnyel kihirdeti.

3. § A Megállapodás hiteles angol és magyar nyelvű szövege a következő:

IMPLEMENTING AGREEMENT BETWEEN THE GOVERNMENT OF HUNGARY AND INTERNATIONAL SECURITY FORCE IN KOSOVO (KFOR) FOR THE PROVISION OF AIR NAVIGATION SERVICES AND OTHER RELEVANT ACTIVITIES IN THE DESIGNATED AIRSPACE OVER KOSOVO

The Government of Hungary (hereinafter referred to as Hungary) and the International Security Force in Kosovo (hereinafter referred to as KFOR) on behalf of NATO hereinafter referred to as "the Parties"

Considering the important role of the Convention on International Civil Aviation (also known as Chicago Convention) signed at Chicago on 7 December 1944 and applicable amendments thereof in civil aviation. Having regard to the United Nations Security Council Resolution (UNSCR) 1244, adopted on 10 June 1999, which authorized an international civil and security force (under the mandate of which NATO then established a NATO-led International Security Kosovo Force, KFOR) in Kosovo (then part of Serbia, the successor of Serbia and Montenegro, which was called "Federal Republic of Yugoslavia") and established the United Nations Interim Administration Mission in Kosovo (UNMIK).

Having regard to the Military Technical Agreement (MTA) concluded between KFOR and the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia, signed in Kumanovo on 9 June 1999 in which KFOR, was entrusted with the sole authority over the airspace over Kosovo.

Considering the situation of this airspace which has since then been part of NATO's Balkans Joint Operation Area. Considering that the International Civil Aviation Organization (hereinafter referred to as ICAO) suspended part of the European Regional Air Navigation Plan and the airspace over Kosovo has been closed to civil air traffic except for flights to and from Pristina airport authorized via two approach/departure routes only through the territory of a neighbouring state.

Considering the need to facilitate the safe and orderly conduct of international civil flight operations, by the interim action of a third-party air navigation service provider to provide air navigation and other services in the designated airspace.

Considering the Hungarian contribution to the NATO/KFOR efforts, will be provided as set out by the letter of the Hungarian Minister of Foreign Affairs to the Secretary General of NATO of 1 March 2012.

Considering the decision of the North Atlantic Council (hereinafter referred to as NAC), PO(2012)0133 dated 3 April 2012 and subsequent Action Sheet PO(2012)0133-AS1 dated 16 April 2012, mandating Hungary and its air navigation services provider to act as technical enablers in the normalisation of the designated airspace.

Desiring to develop agreements which would allow for the provision of air navigation services in the designated airspace, and perform relevant regulatory functions, to the extent possible in compliance with ICAO Standards and Recommended Practices and under the relevant rules of applicable Hungarian Law as appropriate.

Considering that Hungary and its air navigation services provider stated that their liability, arising from or in connection with services provided under this Agreement, shall be limited to damages covered by the insurance coverage in place for the services provided.

Relying on the spirit of solidarity among NATO/KFOR nations to be applied throughout the Assignment and Hungary reserving the right to turning to the NAC and NATO nations in this respect.

Considering the unusual political and legal situation of the airspace over Kosovo.

Have agreed as follows:

ARTICLE ONE

DEFINITIONS

For the purpose of this Agreement and its follow-on amendments, the following definitions will apply, unless otherwise expressly stated:

1.1. "AIP" or Aeronautical Information Publication means the collection and dissemination of all aeronautical information with regard to the airspace available for civil air traffic operating in the designated airspace over Kosovo.

1.2. "ANS" or Air Navigation Services for the purpose of this Agreement includes Air Traffic Management (ATM) and Aeronautical Information Services (AIS).

1.3. "ANSP" or Air Navigation Service Provider means any public or private entity providing air navigation services for general air traffic. For the purpose of this Agreement, the ANSP shall be HungaroControl Air Navigation Services Pte. Ltd. Co.

1.4. "Appropriate NATO CAOC" means the competent NATO Combined Air Operations Centre.

1.5. "Assignment" means the preparatory works and service provision carried out on the basis of this Agreement.

1.6. "ATM" means ATS, Airspace Management and Air Traffic Flow Management.

1.7. "ATS" means area control service flight information service and alerting service.

1.8. "Designated Airspace" shall have the meaning attributed thereto under Article 3.

1.9. "FIR" stands for Flight Information Region which is an airspace of defined dimensions within which flight information service and alerting service are provided.

1.10. "GAT" or General Air Traffic means flights conducted in accordance with the rules and provisions of ICAO.

1.11. "ICAO Class C Airspace" means aircraft operations may be conducted under Instrument Flight Rules (IFR), Special Visual Flight Rules (SVFR), or Visual Flight Rules (VFR). All aircraft are subject to Air Traffic Control (ATC) clearance. Aircraft operating under IFR and SVFR are separated from each other and from flights operating under VFR, but VFR flights are not separated from each other. Flights operating under VFR are given traffic information in respect of other VFR flights.

1.12. "NSA" stands for National Supervisory Authority. For the purpose of this Agreement, NSA means the National Transport Authority of Hungary.

1.13. "OAT" or Operational Air Traffic means flights which do not comply with the provisions stated for GAT.

1.14. "Safety investigation" means a process conducted by a safety investigation authority for the purpose of accident and incident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of cause(s) and/or contributing factors and, when appropriate, the making of safety recommendations.

1.15. "SPINS" stands for Special Instructions is the Unclassified Special Instructions or specific information, published by appropriate NATO bodies, for aircraft operating as GAT in the designated airspace.

1.16. "State flights" are flights engaged in missions undertaken by government, military, customs and police authorities.

1.17. "TRA" stands for Temporary Restricted Area and refers to an airspace of defined dimensions in the designated airspace within which the flight of aircraft is restricted in accordance with specific conditions.

1.18. "SIA" stands for Safety Investigation Authority. For the purpose of this Agreement, the SIA means the Transportation Safety Bureau of Hungary.

1.19. "UAV/RPA" stands for Unmanned Aerial Vehicle/Remotely Piloted Aircraft.

ARTICLE TWO

PURPOSE

2.1. The purpose of this Agreement is to address all aspects of the delegation of air navigation service provision in the designated airspace to Hungary, acting through its relevant authorities and the ANSP.

2.2. Furthermore, this Agreement will serve as a basis for Hungary, its relevant authorities, and the ANSP to negotiate and conclude subsequent arrangements with other relevant stakeholders containing specific operational and technical aspects related to the provision of specified ANS in the designated airspace.

2.3. This Agreement is without prejudice to the overall control and co-ordination exercised by KFOR in terms of the designated airspace.

ARTICLE THREE

DESIGNATION, DEFINITION OF THE AIRSPACE

3.1. The designated airspace defined under this Article is identified solely for the technical and operational needs related to the provision of ANS, without prejudice to existing FIR boundaries:

3.1.1. vertically: from Flight Level (FL) 205 to FL 660;

3.1.2. horizontally: The horizontal border of the designated airspace is as identified by NATO/KFOR below and as depicted in the Annex of this agreement:

3.2. From the beginning of air navigation services provision in the designated airspace, Hungary will publish the defined airspace in the Hungarian AIP.

3.3. For the purposes of this Agreement, KFOR designates HungaroControl as the provider of ANS, as defined in Article Four, within the airspace described above and depicted in Annex A to this Agreement. For the purposes of this Agreement NSA and SIA are designated by KFOR to perform the relevant regulatory, supervisory and other related functions.

3.4. Airspace Classification: ICAO Class C

3.5. Prohibited/Restricted/Danger Areas: None are currently established within the designated airspace. If and when any of the above mentioned areas are required, they will be coordinated with the ANSP and appropriately published.

3.6. The establishment of Temporary Restricted Areas, along with their activation/deactivation procedures, as required in support to KFOR operations, will be defined in a Letter of Agreement between the ANSP and the appropriate NATO CAOC.

ARTICLE FOUR

RESPONSIBILITIES

4.1. Within the provisions of this Agreement:

the Parties will co-ordinate their efforts and provide support to each other for the development of feasible structures and solutions as well as in the course of negotiations and in the service provision phase with the relevant international organizations such as ICAO and EUROCONTROL and other stakeholders. In case the necessary consent of the relevant international stakeholders cannot be obtained, the Parties shall endeavour to find alternative solutions for the carrying out of the Assignment.

4.2. KFOR:

4.2.1. continues to maintain overall control and co-ordination over the designated airspace, by virtue of its international mandate, and irrespective of the provision of ANS and other tasks carried out by Hungary.

4.2.2. continues to retain the authority to re-claim at any time the control of the designated airspace for operational considerations.

4.2.3. shall ensure, via NATO unclassified SPINS, the availability of AIS data, in coordination with the appropriate NATO CAOC.

4.2.4. shall ensure that the Hungarian AIP information and all existing NATO unclassified SPINS are aligned.

4.2.5. in coordination, as required, with higher headquarters of the Allied Command for Operations involved in KFOR operations and in close cooperation with NATO International Staff, continues to pass the necessary decisions and to provide the necessary support for the Assignment including support in developing and negotiating the agreements to be concluded with third parties for the carrying out of the Assignment.

4.2.6. in case the need arises to conclude agreements concerning cross-border arrangements for service provision, Hungary on behalf of KFOR and after prior formal authorisation by KFOR, shall negotiate and conclude the necessary agreements, in close cooperation with NATO International Staff.

4.3. Hungary including when acting through the entities acting on its behalf (ANSP, the NSA and the SIA in particular):

4.3.1. shall provide through the ANSP ATS in the designated airspace and carry out the related tasks specified in Subparagraph 4.3.2.

4.3.2. shall carry out the regulatory, supervisory and other related tasks as set out in Article 8 and 11 of this Agreement.

4.3.3. shall co-ordinate with KFOR the accommodation of KFOR airspace requirements as a matter of priority.

4.3.4. shall provide AIS for the designated airspace to the extent possible and as appropriate in accordance with the standards and recommended practices of Annex 15 to the Chicago Convention.

4.3.5. shall not be considered a Meteorological Services (MET) provider, only as responsible for ensuring the collection of the necessary data through the conclusion of appropriate contracts and co-operation agreements and arrangements.

4.3.6. shall provide flow management services in cooperation with EUROCONTROL Network Manager, as applicable.

4.3.7. shall provide a unique Secondary Surveillance Radar (SSR) Mode 3/A code to Instrument Flight Rule/General Air Traffic (IFR/GAT) flights operating within the designated airspace by obtaining the necessary SSR Mode 3/A Codes.

4.3.8. shall publish all relevant information within the Hungarian AIP, including the requirements for aircraft instrument and equipment.

4.3.9. shall not be considered a Communication, Navigation, and Surveillance (CNS) provider, but only as responsible for ensuring the availability of the necessary infrastructure and the collection of the necessary data through the conclusion of appropriate contracts and co-operation agreements and arrangements.

4.3.10. shall ensure an appropriate insurance policy is in place for the provision of air navigation services, consistent with International and Hungarian laws.

4.3.11. shall be authorized, to negotiate and conclude all necessary arrangements with neighbouring ATS units and as appropriate with other authorities under the umbrella of this Agreement and in close cooperation with KFOR and NATO International Staff.

4.3.11.1. These documents shall specify the coordination procedures or rules and procedures to be applied between the ANSP and the respective unit or authority in accordance with the provisions of this Agreement.

4.3.11.2. Copies of all documents elaborated under this provision will be made available to all Parties without delay.

ARTICLE FIVE

RULES FOR USE OF THE AIRSPACE

5.1. The designated airspace shall be opened at all times to GAT, following applicable rules of the air and rules pertaining to air traffic services.

5.2. Hungary exercising no sovereign powers in the designated airspace, accepts that this airspace will remain closed for the overflight of State aircraft.

5.3. NATO and KFOR OAT flights shall be conducted within the designated TRA(s) as defined in Paragraph 3.6.

5.4. Hungary shall not be entitled to grant exemptions to GAT flights from the payment of service charges. No flights exempted or otherwise exempt from the payment of service charges provided shall be permitted in the designated airspace. All GAT flights without exception are under an obligation to pay service charges.

ARTICLE SIX

FINANCIAL PROVISIONS

6.1. The full cost of the Assignment including the costs linked to the preparation phase of the Assignment before the conclusion of this Agreement incurred by Hungary and the entities acting on its behalf shall be recovered on the basis of a full cost recovery system.

6.2. To this effect, Hungary on behalf of KFOR shall establish an en-route charging zone in the designated airspace in accordance with principles agreed upon with EUROCONTROL.

6.3. For setting the chargeable unit rate for the provision of air navigation services in the established charging zone a dedicated en-route cost base (hereinafter referred to as Cost Base) shall be set up in advance by the ANSP, comprising all the relevant costs incurred related to the provision of air navigation service.

6.4. For the establishment of the Cost Base - prior to the commencement of air navigation services provision in the designated airspace - a separate document ("Principles") has to be issued by the ANSP, defining the detailed applicable principles and rules for the establishment of en-route unit rates in the designated airspace. In line with the Principles, the ANSP shall be entrusted by KFOR to manage the Cost Base and propose the annual route charge applicable for the following period for the designated airspace.

6.5. After informing KFOR and NATO International Staff, the Principles and the annual route charge for the designated airspace will be published by Hungary, unless KFOR or NATO International Staff raise objections within fifteen days of receipt thereof.

6.6. Hungary or the ANSP shall negotiate and after informing KFOR and NATO International Staff conclude the agreements necessary for the functioning of the charging mechanism and collection of route charges with EUROCONTROL on behalf of KFOR.

ARTICLE SEVEN

LEGAL CONSIDERATIONS

7.1. Applicable Law:

7.1.1. For the purposes of this Agreement, in the course of providing the services and related tasks under this Agreement the rules of Hungarian law as well as ICAO Standards and Recommended Practices shall be applied as appropriate and to the extent possible.

7.1.2. Hungary shall draft the rules that are to be applied for the provision of ANS in the designated airspace, in order to adapt the relevant ICAO Standards and Recommended Practices to the extent possible and as appropriate. The draft rules shall be sent to KFOR and NATO International Staff, and in case of no objections, these rules shall be published in the Hungarian AIP before the commencement of air navigation services provision.

7.1.3. Differences from ICAO Standards and Recommended Practices or procedures in the designated airspace shall be published within the Hungarian AIP.

7.2. Liability:

7.2.1. The liability for damages arising from service provision and the provision of related tasks by Hungary shall rest with Hungary, as led down in this present agreement.

7.2.2. Claims arising for damages arising from the provision of air navigation services shall be handled in accordance with the aforementioned insurance policy identified in Subparagraph 4.3.10.

7.2.3. The provisions of the present Article shall be without prejudice to the relevant rules of international law. As such, any further claims arising for damages arising from service provision and the provision of related tasks shall be brought against the entity defined in Hungarian law and courts of Hungary.

7.2.4. Any limitation of liability shall be published in the Hungarian AIP.

7.2.5. In the event of an air accident determining the need for settlement of claims beyond the ceiling of the ANSP insurance and without prejudice of Subparagraph 7.2.2, will be addressed among the Parties concerned, including by addressing such matters at diplomatic and political level, if required.

ARTICLE EIGHT

CERTIFICATION AND LICENSING

8.1. Hungary, acting through the NSA, will:

8.1.1. ensure certification through evaluation of the ANSP's readiness as defined by the common requirements;

8.1.2. ensure continuous oversight of the ANSP and monitoring of the approved safety management system;

8.1.3. ensure licensing of ANSP, air traffic controllers and other supporting staff.

ARTICLE NINE

COORDINATION WITH NATO ENTITIES

9.1. The ANSP shall establish a dedicated line of communication with the appropriate NATO CAOC and KFOR for the purposes of coordinating the following:

9.1.1. activation/deactivation of the TRA;

9.1.2. in-flight emergency situations including radio failure, hijacks, and other states of emergency in accordance with ICAO standards;

9.1.3. search and rescue operations;

9.1.4. special procedures for the handling of UAV/RPA;

9.1.5. all other contingencies.

9.2. In the event of a crisis which has an impact on the operational use of the designated airspace, KFOR will coordinate with the ANSP the implementation of appropriate measures to accommodate KFOR requirements concerning use of the airspace. This includes its publication through the AIS system.

9.3. NATO will maintain overall oversight of the activities conducted by Hungary and its ANSP. In particular, NATO International Staff, Defence Investment Division will be informed along with KFOR of all information/action concerning this Assignment.

9.4. This Coordination will be further specified in an appropriate arrangement between appropriate NATO CAOC, KFOR and the ANSP respectively.

ARTICLE TEN

SEARCH AND RESCUE

10.1. In the event of accident, incident or awareness of a requirement for search and rescue operations, the ANSP shall coordinate with the appropriate NATO CAOC, Joint Rescue Coordination Centre and other respective air navigation service providers, as deemed necessary, in accordance with ICAO Standards, Recommended Practices or procedures.

10.2. The ANSP shall provide necessary data, orally or electronically, and provide assistance in search and rescue operations until the situation is resolved.

ARTICLE ELEVEN

SAFETY INVESTIGATION

11.1. Hungary, through the SIA shall conduct, in accordance with the rules of Hungarian law as appropriate, the safety investigation of occurrences that take place in the designated airspace and are related to operation of the ANSP.

11.2. The SIA shall be authorized to conduct safety investigations at the principle place of operation of the ANSP in respect of occurrences in the designated airspace.

11.3. The SIA will not conduct safety investigations in respect of accidents the investigation of which fall in accordance with the standards and recommended practices of Annex 13 to the Chicago Convention within the competence of other States.

ARTICLE TWELVE

SECURITY AND DISCLOSURE OF INFORMATION

12.1. The Parties will ensure the proper handling of sensitive information exchanged for the purpose of this Agreement.

12.2. Each Party will take all appropriate steps to keep free from any disclosure all information exchanged in confidence, unless the other Party consents to such disclosure.

ARTICLE THIRTEEN

COMMENCEMENT, DURATION, TERMINATION AND NOTIFICATION

13.1. This Agreement shall enter into force on the 30th day following the date when the Parties to the Agreement have notified each other on the completion of their respective requirements for concluding the Agreement.

13.2. This Agreement shall continue to be in force for an initial period which shall begin on the date as defined in Paragraph 13.1 and expire on the day the fifth year of air navigation services provision by Hungary has elapsed from the effective date of service provision published in the Hungarian AIP. During this initial period this Agreement shall only be terminated or suspended for compelling reasons and with the consent of the Parties. Following the initial period this Agreement shall automatically be extended for an indefinite period unless either Party to the Agreement submitted a written notice at least six months before the termination of the initial period. After the initial period the Agreement may be terminated by submitting a six months written notice to the end of the calendar year in advance to the other Party to the Agreement through the diplomatic channel.

13.3. After the initial period, in the event of conflict, during a period of emergency or in the interest of public safety, or in other exceptional circumstances, each Party has the right to suspend or terminate the Agreement with immediate effect, and shall notify the other Party accordingly.

13.4. In case the Assignment cannot be carried out due to the lack of co-operation of international stakeholders or unforeseen technical difficulties, Hungary shall be entitled to request NATO's engagement, at political level, towards the resolution of the obstacle. In case the situation remains unresolved, Hungary shall be entitled to terminate this Agreement with immediate effect.

13.5. In case of suspension of the Agreement including the situation referred to in Subparagraph 4.2.2, the costs incurred by Hungary and the entities acting on its behalf during or as a result of the suspension, shall be recovered after this period ends, and service is again provided by the ANSP. In case the duration of the suspension period is longer than 4 weeks, Hungary shall be entitled to terminate this Agreement with immediate effect.

13.6. In case of termination of the Agreement, the Parties shall assess the situation together as soon as practicable and pass decisions concerning its management. KFOR shall endeavour to assist Hungary to ensure that any outstanding costs of Hungary and the entities acting on its behalf are included in the successive cost base and recovered.

ARTICLE FOURTEEN

MODIFICATION AND INTERPRETATION

14.1. This Agreement, as well as the rights and obligations of the parties shall be interpreted in accordance with the NAC decision and the letter of the Hungarian Minister of Foreign Affairs. Conflicts in interpretation of this Agreement shall be resolved by consultation among the Parties and will not be referred to any national or international tribunal or third party for settlement.

14.2. Any amendments agreed by the Parties shall become effective in the manner described under Paragraph 13.1.

14.3. In case the Parties are unable to resolve any disagreement by negotiation, the dispute shall be submitted to the NAC for final resolution.

14.4. This Agreement is signed in two original copies, both in English and Hungarian languages. In case of discrepancy, the English version shall prevail.

14.5. Once signed, this agreement will be forwarded by COMKFOR through the chain of command to NATO International Staff for notification to the ICAO Regional Office and the ICAO Council.

In witness whereof, the undersigned, have signed this Implementing Agreement:

SIGNED

1 The "Administrative Boundary Line" is based on the Military Technical Agreement between the International Security Force ("KFOR") and the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia and subsequent agreements to include the Agreement on Temporary Operating Procedures for Cooperation and Coordination Astride the Kosovo Administrative Boundary (TOPA), dated 17 August 2001. In 2002, maps depicting the Kosovo Administrative Boundary were signed between KFOR and Serbian Armed Forces, and these maps were marked with the Administrative Boundary that we have today. The coordinates in the Annex were based on these maps.

ANNEX TO THE IMPLEMENTING AGREEMENT BETWEEN THE GOVERNMENT OF HUNGARY AND INTERNATIONAL SECURITY FORCE IN KOSOVO (KFOR) FOR THE PROVISION OF AIR NAVIGATION SERVICES AND OTHER RELEVANT ACTIVITIES IN THE DESIGNATED AIRSPACE OVER KOSOVO

The horizontal border of the designated airspace, as specified in the table at Paragraph 3.1.2 of the Implementing Agreement, is depicted in the picture here below. The full list of Administrative Boundary Line (ABL) coordinates is enclosed.

COORDINATES OF THE ADMINISTRATIVE BOUNDARY LINE