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RS 0.748.131.945.4 Agreement of 11 November 1985 between the Federal Council of the Swiss Confederation and the Government of the Italian Republic concerning flight procedures for the instruments for the approach and departure at the aerodrome of Lugano-

Original Language Title: RS 0.748.131.945.4 Accord du 11 novembre 1985 entre le Conseil fédéral de la Confédération suisse et le Gouvernement de la République italienne concernant les procédures de vol aux instruments pour l’approche et le départ à l’aérodrome de Lugano-Agno

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0.748.131.945.4

Translation 1

Agreement

Between the Federal Council of the Swiss Confederation and the Government of the Italian Republic concerning the flight procedures for the instruments for the approach and departure at the aerodrome of Lugano-Agno

Concluded on 11 November 1985

Entered into force on 11 November 1985

Federal Council of the Swiss Confederation

And

The Government of the Italian Republic,

Wishing to strengthen and develop the existing aviation relations between them,

Agreed to the following:

Art. 1

Civil aircraft coming from and to the aerodrome of Lugano-Agno shall be authorised to use Italian airspace within the limits and in accordance with the arrangements laid down in the Annex 1 Which forms an integral part of this Agreement.


1 This annex is available for consultation with the Federal Office of Civil Aviation. The procedures provided for are published in the appropriate form in the Swiss Aeronautical Information Publication (AIP).

Art. 2

Italian State aircraft using the airspace referred to in Article 1 and in the Annex shall, in any event, take precedence over civil aircraft operating in the same space, unless the latter are already in a phase of operation Which cannot be interrupted without the result of serious risks.

The AC Milan (Regional Control Centre) will give priority to the Lugano-Agno control tower.

Art. 3

In the part of the Lugano-Agno control area on Italian territory (see annex), the Swiss Confederation assumes civil liability in respect of possible air incidents inherent in the approach and departure procedure of the The airport of Lugano-Agno. It is responsible for any damage caused by the procedure, which occurred to persons or things, on the ground or in the air.

Art. 4

The Swiss Federal Office of Civil Aviation and the Italian Civil Aviation Directorate will jointly establish the minimum requirements for the qualification of pilots.

After consulting the Italian Civil Aviation Directorate, the Swiss Federal Office of Civil Aviation will define and publish the procedures for the flight to and from the aerodrome of Lugano-Agno.

Art. 5

Agreements will be concluded between the Azienda Autonoma di Assistenza al volo per il Traffico Aereo Generale and the Swiss Federal Office of Civil Aviation in order to define the volume of traffic and the standards for coordination of operations. The "Azienda Autonoma di Assistenza al volo per il Traffico Aereo Generale" will establish cost recovery for the flight assistance services provided and calculated on the basis of the criteria applied in similar situations. The Swiss Federal Office of Civil Aviation undertakes to pay the assessed contribution on the basis of the arrangements established between the Parties.

Art. 6

In order to facilitate the implementation of this Agreement and to resolve any disputes, a Joint Commission shall be established, each of the Contracting Parties shall determine its national composition. This Joint Commission shall meet within a reasonable time at the request of one of the Contracting Parties.

Art. 7

In the event that disputes relating to this Agreement could not have been resolved by the Joint Commission, they shall be settled through diplomatic channels.

Art. 8

For reasons relating to national security and the maintenance of public order, the Italian Party reserves the right to suspend, on a temporary basis, the application of Article 1. The assessment of the situation is the exclusive competence of the Italian authorities. The AC Milan will immediately notify an opinion in this direction at the Lugano-Agno control tower, the notification will then be confirmed by diplomatic channels.

Art.

This Agreement and its Annex shall be deposited with the International Civil Aviation Organization (ICAO ICAO).

The notifiers provided for in Article 38 of the Convention on International Civil Aviation, concluded at Chicago on 7 December 1944 1 .


Art. 10

This Agreement shall remain in force for five years and shall be renewed tacitly for the same period unless one of the Contracting States remits, through diplomatic channels, a written denunciation with three months' notice to the other State Contracting and ICAO (ICAO).

Art. 11

Updates to the Annex to this Agreement may be directly agreed upon by the civil aeronautical authorities of both Contracting Parties. They will come into force on the date of their signature.

Art. 12

This Agreement shall enter into force on the date of its signature.

Done at Rome on November 11, 1985, in two originals in the Italian language.


For the Federal Council For the Government

Of the Swiss Confederation: from the Italian Republic:

Gaspard Bodmer Giacomo Attolico


RO 1986 I 484


1 The original text is published, under the same number, in the Italian edition of this compendium.


State 11. July 2006