GateOne believes that the European ATM system is characterized by considerable legal uncertainty. GateOne considers that the discussion on the future of EUROCONTROL provides an excellent opportunity to define a proper role for EUROCONTROL both as the means of carrying out state functions for its Member States within the context of the Chicago Convention and as a public body to which functions are delegated from the European Union. This would also facilitate the improvement of the legal framework of the European ATM system, as well as the clarification of the roles and responsibilities of the different actors.
Therefore, to support the ongoing discussions, GateOne suggests that discussions on the future legal status, roles and responsibilities of EUROCONTROL are conducted on the basis of drawing up an exhaustive list of EUROCONTROL’s current and future activities and categorising them as part of one of the following groups:
- Discontinued activities
- Activities carried out on behalf of the Member States, within the context of the Chicago Convention, the EUROCONTROL Convention and the Multilateral Agreement
- Activities carried out for the EU on the basis of EU law and an appointment
- Activities carried out for remuneration (services, UPP, etc.)
- Activities carried out by entities other than EUROCONTROL (PPPs, joint undertakings, service providers, etc.)
Discussions directed along these lines would in GateOne’s view provide sufficient clarity both in respect of the scope and the legal nature of the activities forming part of the future vision.