International Civil Aviation Organization

World-wide CNS/ATM Systems

Implementation Conference

Rio de Janeiro, 11 – 15 May 1998

WW/IMP–WP/10

11/5/98

Item 5

Agenda Item 5:	LEGAL ASPECTS

5.1	Fundamental Principles of the Legal Framework for GNSS:

the Proposed Charter

A CHARTER ON THE RIGHTS AND OBLIGATIONS OF STATES

RELATING TO GNSS SERVICES

(Presented by the Secretariat)

Action Paper

SUMMARY

This paper presents the main provisions of the Draft Charter which is due to be submitted to the 32nd Session of the Assembly for adoption.

1.	Introduction

1.1	It has been generally agreed that there is no legal obstacle to the implementation of CNS/ATM systems and that there is nothing inherent in CNS/ATM systems which is inconsistent with the Convention on International Civil Aviation (Chicago Convention). There is also a consensus that the Global Navigation Satellite System (GNSS), which is a key element of the CNS/ATM Systems, shall be compatible with the Chicago Convention, its Annexes and other principles of international law. It is nevertheless important that certain institutional and legal matters be clarified in order to facilitate the implementation of the system. Attention has been devoted both to legal considerations in respect of the existing systems, on the one hand, and to a legal and institutional framework for the long-term future, on the other hand.

1.2	At present, there are two satellite navigation systems in operation: the Global Positioning System (GPS) of the United States and the Global Orbiting Satellite Navigation System (GLONASS) of the Russian Federation. Both countries have made their systems available to the international aviation community free of direct charge for a minimum period, which is 10 years in the case of GPS, and which is 15 years in the case of GLONASS. This initiative has enabled all countries to reap the benefit of satellite-based air navigation facilities. The transitional arrangements with respect to the existing satellite navigation systems are governed by the Chicago Convention and relevant SARPs. In addition, aspects relating to the provision of the GNSS signal-in-space are the subject of an exchange of letters regarding GPS between ICAO and the United States dated 14 and 27 October 1994, and between ICAO and the Russian Federation regarding GLONASS dated 4 June and 29 July 1996.

1.3	In the medium and long-term future, reliance on GNSS, as opposed to traditional, terrestrial-based systems, is likely to intensify. Although aircraft operators have already relied on navigational systems generated from outside of their home territories in the past, reliance on worldwide GNSS systems operated by only a few States with full operational control over such systems raises the question of accessibility of the services as well as their continuity and reliability from a new angle. Many States have called for some form of reassurance in this respect, with a view to implementation of these systems.

1.4	A Panel of Legal and Technical Experts on the Establishment of a Legal Framework with Regard to GNSS (LTEP) was therefore established by the ICAO Council on 6 December 1995, with the mandate, inter alia, to consider different types and forms of the long-term legal framework for GNSS and to elaborate a legal framework which would respond to certain fundamental principles. The work of the Panel has resulted in the text of a Draft Charter on the Rights and Obligations of States Relating to GNSS Services (the "Draft Charter", reproduced as Appendix).

2.

2.1	The Draft Charter embodies a number of fundamental principles applicable to the implementation and operation of GNSS, including:

•	Safety of International Civil Aviation

The safety of international civil aviation is a paramount principle embodied in the Preamble and Article 44 (h) of the Chicago Convention. The Draft Charter reiterates this principle. Accordingly, the safety of international civil aviation should be fully safeguarded at all times in the operation of GNSS, including modifications to the system.

•	Universal Accessibility of GNSS Services

Universal accessibility refers to the right of every State and aircraft of all States to have access to the services on a non-discriminatory basis under uniform conditions. This principle is incorporated into paragraph 2 of the Draft Charter.

•	Continuity, Availability, Integrity, Accuracy and Reliability

When GNSS Services are provided, there is a need to ensure that the services are available on a continuous basis. Technical standards have to be complied with in order to ensure the integrity, accuracy and reliability of the services. Paragraph 4 of the Draft Charter addresses this matter.

•	Sovereignty

The principle of complete and exclusive sovereignty of States over the airspace above their territory is reaffirmed in the Draft Charter. In accordance with this principle, every State may, among other things, preserve its authority and responsibility to control operations of aircraft and to enforce safety and other regulations within its sovereign airspace.

•	Compatibility with Global Planning and Implementation

The implementation of CNS/ATM systems will require an unprecedented degree of international cooperation in the history of civil aviation. In order to achieve the global integration of the system, a well prepared global implementation plan is necessary. Financial resources are limited and should be used to achieve optimum results. Duplication of efforts should be minimized and mutual interference prevented. In view of this, the Draft Charter provides that States shall be guided by the principle of co-operation and mutual assistance. Uniformity of GNSS services and compatibility of regional or subregional arrangements with the Charter and with the global planning and implementation process are emphasized in the Charter.

2.2	A more detailed discussion of these and other related principles may be found in Chapter 11 of the Global Plan.

2.3	The Draft Charter was considered by the Council during its 153rd Session and the Council decided to submit it to the 32nd Session of the ICAO Assembly (22 September - 2 October 1998) for adoption.

3.	Action by the Conference

3.1	The Conference is invited:

a) to note this working paper; and

b)	to provide any views it may have on this matter to assist the 32rd Session of the Assembly in its consideration of the subject.

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WW/IMP-WP/10

Appendix

APPENDIX

DRAFT CHARTER

ON THE RIGHTS AND OBLIGATIONS OF STATES

RELATING TO GNSS SERVICES

Whereas Article 44 of the Convention on International Civil Aviation, signed on 7 December 1944 (the "Chicago Convention"), mandates the International Civil Aviation Organization (ICAO) to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport;

Whereas the concept of the ICAO communications, navigation and surveillance/air traffic management (CNS/ATM) systems utilizing satellite-based technology was endorsed by States and international organizations at the ICAO Tenth Air Navigation Conference, and was approved by the 29th Session of the Assembly as the ICAO CNS/ATM systems;

Whereas the Global Navigation Satellite System (GNSS), as an important element of the CNS/ATM systems, is intended to provide worldwide coverage and is to be used for aircraft navigation;

Whereas GNSS shall be compatible with international law, including the Chicago Convention, its Annexes and the relevant rules applicable to outer space activities;

Whereas it is appropriate, taking into account current State practice, to establish and affirm the fundamental legal principles governing GNSS;

Whereas the integrity of any legal framework for the implementation and operation of GNSS requires observance of fundamental principles, which should be established in a Charter;

[The Assembly solemnly declares] [States Parties recognize] that the following principles of this Charter on the Rights and Obligations of States Relating to GNSS Services shall apply in the implementation and operation of GNSS:

1.	States recognize that in the provision and use of GNSS services, the safety of international civil aviation shall be the paramount principle.

2.	Every State and aircraft of all States shall have access, on a non-discriminatory basis under uniform conditions, to the use of GNSS services, including regional augmentation systems for aeronautical use within the area of coverage of such systems.

3.	a)	Every State preserves its authority and responsibility to control operations of aircraft and to enforce safety and other regulations within its sovereign airspace.

b)	The implementation and operation of GNSS shall neither infringe nor impose restrictions upon States' sovereignty, authority or responsibility in the control of air navigation and the promulgation and enforcement of safety regulations. States' authority shall also be preserved in the co-ordination and control of communications and in the augmentation, as necessary, of satellite-based air navigation services.

4.	Every State providing GNSS services, including signals, or under whose jurisdiction such services are provided, shall ensure the continuity, availability, integrity, accuracy and reliability of such services, including effective arrangements to minimize the operational impact of system malfunctions or failure, and to achieve expeditious service recovery. Such State shall ensure that the services are in accordance with ICAO Standards. States shall provide in due time aeronautical information on any modification of the GNSS services that may affect the provision of the services.

5.	States shall co-operate to secure the highest practicable degree of uniformity in the provision and operation of GNSS services.

States shall ensure that regional or subregional arrangements are compatible with the principles and rules set out in this Charter and with the global planning and implementation process for GNSS.

6.	States recognize that any charges for GNSS services shall be made in accordance with Article 15 of the Chicago Convention [and shall be based on] [and should be based on] [noting] the principles set forth in the Statements by the Council to Contracting States on Charges for Airports and Air Navigation Services[, including the principle that it shall neither inhibit nor discourage the use of GNSS services. Such charges shall be apportioned in an equitable manner among all users of GNSS].

7.	With a view to facilitating global planning and implementation of GNSS, States shall be guided by the principle of co-operation and mutual assistance whether on a bilateral or multilateral basis.

8.	Every State shall conduct its GNSS activities with due regard for the interests of other States.

9.	Nothing in this Charter shall prevent two or more States from jointly providing GNSS services.

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