The Kingdom of the Netherlands, hereinafter referred to as “the Netherlands”,
and
the European Organisation for the Safety of Air Navigation (EUROCONTROL), hereinafter
referred to as “EUROCONTROL”,
hereinafter jointly referred to as “the Parties”;
HAVING REGARD to the EUROCONTROL International Convention relating to Co-operation for the Safety of Air
Navigation, signed at Brussels on 13 December 1960, as amended by the Protocol signed at Brussels
on 12 February 1981 (hereinafter referred to as “the amended Convention”), and, in
particular, to Articles 2 paragraph 2 (b), 6, paragraph 3, 11 and 12 thereof;
HAVING REGARD to Article 2, paragraph 1 (m), of the consolidated version of the Convention
annexed to the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation
for the Safety of Air Navigation of 13 December 1960, as variously amended, done at Brussels on 27 June 1997 (hereinafter referred to
as “the revised Convention”), as early implemented by Decision No 71 of the Permanent
Commission of 9 December 1997 on early implementation of certain provisions in the
revised Convention, in particular in respect of the role and duties of the Organisation;
HAVING REGARD to Decision No. 72 of the Permanent Commission of 9 December 1997 on
early implementation of certain provisions in the revised Convention, in particular on the establishment of a Provisional Council;
HAVING REGARD to the Agreement relating to the Provision and Operation of Air Traffic Services and Facilities
by EUROCONTROL at the Maastricht Area Control Centre, done at Brussels on 25 November 1986 (hereinafter referred to as “the Maastricht
Agreement”);
WHEREAS Commission Regulation (EC) No. 2150/2005 of 23 December 2005 laying down common
rules for the Flexible Use of Airspace (hereinafter referred to as the “Commission
Regulation (EC) No. 2150/2005”) reinforces and harmonises the application of the concept
of Flexible Use of Airspace within the Single European Sky in order to facilitate
airspace management within the limits of the common transport policy and, in particular,
sets out rules to ensure better coordination between civil and military entities responsible
for airspace management;
WHEREAS it is recognised that there is an increased need for improved flexible use
of airspace in light of the significant growth of air traffic in the Netherlands and
Europe;
WHEREAS the air current and expected traffic requires enhancements of Airspace Management
and Airspace Management Cell processes and procedures to improve airspace availability
by upgrading airspace planning and traffic flow predictability;
WHEREAS Flexible Use of Airspace as described by the International Civil Aviation
Organization also aims at a more efficient use of the airspace and increasing capacity
for civil air traffic whilst at the same time maintaining military mission effectiveness;
WHEREAS the Netherlands wishes to reorganise the Dutch AMC to be performed in two
locations (Luchtverkeersleiding Nederland (Air traffic Control of the Netherlands,
hereinafter referred to as “LVNL”) at Amsterdam and Maastricht Upper Area Control
Centre (hereinafter referred to as “MUAC”) at Maastricht), with both locations manned
by staff that are competent in both civil and military operations;
WHEREAS the creation of more usable airspace – and more efficient use of that airspace
– for civil air traffic and sufficient availability of airspace for the military component,
while being compliant with the Commission regulation (EC) No. 2150/2005 requires the
implementation of a fully operational multi-side ASM level 2 functionality for the
Amsterdam Flight Information Region (hereinafter referred to as “the Amsterdam FIR”);
WHEREAS the Netherlands, therefore, entrust EUROCONTROL with the execution of the
airspace management function including the tasks of the AMC in order to allocate airspace
in accordance with the conditions and procedures set out in Commission Regulation
(EC) No. 2150/2005 for general and operational air traffic in the entire Amsterdam
FIR at MUAC;
WHEREAS the purpose of this Agreement is to establish the conditions, pursuant to
which EUROCONTROL shall execute the airspace management function in the Amsterdam
FIR;
HAVING REGARD to Measure No. 20/249 of the Permanent Commission of 26.3.2020 authorising
the negotiation and conclusion of an Agreement in this regard;
