Since 1931 (with the Presidential Decree of 6/18 September 1931) Greece has established a territorial sea of 10 nautical miles for the purposes of aviation and the control thereof. Link to the website of the Hellenic Ministry of Foreign Affairs. Turkey’s subsequent refusal to respect the obligation of its military aircraft entering the Athinai FIR to submit flight plans disregards the need for civil-military co-ordination with the responsible Greek air traffic services authority as set out in the framework of ICAO for ensuring the safety of air navigation. In accordance with the Chicago Convention of 1944, ICAO has assigned to Greece the responsibility to provide Air Traffic Services within the Athinai FIR, the boundaries of which have been established by the relevant ICAO Regional Air Navigation Agreements of 1950, 19 and the ensuing ICAO Council Resolutions with the participation and the approval of Turkey.Ĭonsequently the competent Greek Air Traffic Services authorities have been entrusted by ICAO the responsibility to ensure the safety of civil aviation within the Athinai FIR through the application of the established air traffic regulations. In this respect the submission of a flight plan is the basic rule of ICAO and accomplishes the “due regard” that state aircraft are obliged to have for the safety of civilian air traffic according to article 3 (d) of the Chicago Convention. The co-ordination of air traffic, concerning both civil and military aircraft in international airspace, is absolutely necessary for the safety of air navigation and consists in the exchange of all the flight information within an FIR. Hence, Turkey disregards the need for state aircraft to respect the ICAO rules and principles established for ensuring the safety of air navigation, which is the basic aim of ICAO, arguing that the 1944 Chicago Convention does not apply to state aircraft and deliberately ignoring the ICAO air traffic safety provisions and guidelines. Turkey, which for decades respected and complied with the air traffic regulations within ATHINAI FIR, ceased doing so since 1974 in the framework of an effort to promote a platform of political claims devoid of any legal basis against Greece, aiming at altering the status quo in the Aegean which has been firmly set out in the relevant international treaties and agreements and the rules of international law. The air traffic regulations aim at ensuring the safety of aviation within ATHINAI FIR. Therefore, whenever an aircraft enters ATHINAI FIR without prior submission of a flight plan it infringes the air traffic regulations established by the competent Hellenic Air Traffic Services (ATS) authorities according to the relevant ICAO provisions and recommendations, as well as the international practice. Violations of national airspace and Infringements of Air Traffic Regulations (ICAO)Ī violation of national airspace takes place when a foreign aircraft enters without permission (diplomatic clearance) into national airspace.Īn infringement of air traffic regulations takes place whenever an aircraft disregards the internationally established flight rules within a Flight Information Region (FIR).
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