THE GLOBAL NAVIGATION SATELLITE SYSTEM (GNSS) AND THE EUROPEAN GALILEO PROGRAMME:

LEGAL ISSUES

by Stephanie Andrics

A thesis submitted ta the Facuhy of Graduate Studies and W h m partial hüihenî of the rquirements of the degrec of Master of Laws (U.M.)

Institute of Air ad Spacc Law McGill University, Montreal

November 1999

O Stephanie Aadriw, 1999

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Ovi4 Mcwmapharcq book 18ÉIS9

ABSTRACT

The Global Navigation Sateliite System (GNSS) is the main eiement of tbe CNSiATM

system elaborated by the Interdonai Civil Aviation ûrgdtion (ICAO).

The US GPS and Russian GLONASS are the two existing systans. Both of them were

cmted by îhe military.

Europe is c e developing a civil navigation satellite systcm: Galüeo.

This thesis wiii ptesent some legai issues of the GNSS discussed m the firamework of

ICAO: so- of States, universal accessl'b'üity, contmuity and quality of the d c e ,

cost recovery and hiin@, cedication and liabiiity.

It wiü aiso present some legai issws due to the creation of the European GaIileo program.

The i ïmchg, organizational hmcwork, certification and Iiabiiity wiii be examineci.

F i , ICAO's Charter on the Rights ami Obligaîiom of Statts Relaiing ta GNSS

Senrices wiii be considend.

Le Système Global de Navigation par Sateliites (GNSS) constitue la pierre d'angle du

système CNS/ATM élabore par i'organisation & i'aviatbn civile internationale (OAQ.

A l'heure actuelle deux systemes d'angine mrlitaire sont opéraiiomk le système

arnericain GPS et le système russe GLONASS.

L'Europe, a son tour, a pris récemniezrt la décision de hiacer un système civil de

navigation par satellites, dénonnné Galileo.

Cette thése traitera de quelques probihm de droit que pose le GNSS et les réponses qu'y

apporte l'OACi.

Seront envisagés: la souveraineté des Etats, i'accés riniverse1 au service, la corninuit6 et

qualité du senrice, le 6nancemem, l'homologation a en& Ia tespoasotbîlite.

Cette thése exposera par aiUeuff les probièmes juridiques que m n î r e Ia conception du

qmènse européen Galileo. Le fin4nccnient, k cadre rnstautio 6 . .

miel ainsi que

i'bmologation et ia respondüte -nt traités.

E& 2 convient cî'hdk la Résolution é b r é e pat i'OACI A propos du GNSS et

connue sous le m m de (( Charter on the Riglas and Obligation of States Relariag to

GNSS Sesvices a.

1 wish to express my deepest thanks to Proféssor Dr Michael Milde for pmMding

invaluable mpport and guidance. His constant encouragemnt and confidence m me have

been steadfast anci have givm rrie the strmgth to research GNSS in great depth.

1 am also gratefiil to Mr. van Hasseit, Represemativc of tbe Kmgdom of the Netheriands

on the Council of the Internationai Cid Aviation Otganhion,

Mt. Huang, Legal ûflicer at the International Civil Aviation Orgmkation and

Mr-Tytgat tom the European Commission Directorate General MI for îhir generous

assistanceandpertmentinformation

Speciai thanks are extended to Madyn hr her tirne* ber support and ber prcsence.

TABLE OF ABBREVIATIONS

ACAC ADS AFCAC AMSS ARTEMIS ARTES ATC ATFM ATM A m ATS BNSC CJA-Code CAS CHA CNES CNSIATM

COCESNA CSA CTS DGPS DME DoD DOT EBRD ECAC EGNOS EIB ES A EU EUROCONTROL FOC F M FANS FMS FTCA GAS

Arab Civil Aviation Commission Automatic Dependant SrniIlance Mn Civil Aviation Commission Aeronautical Mobile Satek Services ESA's A d d relay and TechnoIogy Mission Satellite Advanced Research Tekxomrmmications S y s t m Air T* Control Air TdEc Flow Managemm Air Tm.& hhagement Aeromutical Telecu11ü11unicatians Nctwork AkTdkSenrice British National Spce Center CoarsdAcquisition Code ControIIed Acoess Service Channel of High Accuracy Centre National d'Etudes Spahies C o m m ~ o a s , Navigation, Surveillance/& T&c MaPag- Centrai Aniericaa Corporation for Air Navigation Services Charmcl of standard Accumy C o d Tracking Station Diffierential GPS DistanceMeasuriPgEquipmcnt Department of DeféPse Department of Transport Eutopean Bank h r RcconstrrPction and Devebpment Euopean Civil Aviation Contaeace European Geostationqzy Navigation OMtlay System Europcan Investrneat Bank EllfoptanSpe~eAt3ency Eutopean Union Euopean ûrgmhhn h r the of Air Navigation F u l l o p e t a t i o d ~ Fcderal Aviadion

. * - n Future Air Nav@tÏon System Flight Manag-srstan Federai Tort Clami Act Groimd Ara-

GE0

GES GLONASS GNSS GNSSP GPS HF LATA ICA0 IFR ILS IRS IMO INMARSAT INS IOC ITU JAA JCBA IGSO LACAC L1 L2 LORAN LTEP

ME0 M H z MLS MSs h4TSAT MAS NDB OAS P-Code PMB PPP PPS R AIM RNP SA SARPs scc SITA SPS SSR

Geostationary Earth Orbit Ground Eiuth Station Global û r b i i Navigation Satellite System Global Navigation Satenite System GlobaI Navigation satellite System Panel Global Positioning System High Frw=Y International Air Transport Association international Civil Aviation Organization InstnimentFliglltRules Iastniment Landing System uiertial Refixence System International Maritmie ûrgauhation International Maritime Satellite ûrganimion In& Navigation System Initiai ûperatiooal Capability International Telecomrmmication Union Joint Aviation Authorities Japan Civil Aviation Bureau inclineci Gtosynchronous Mit L a h Am& Civil Avialion Commission Ml Link 2 Long-Range Aids to Navigation The Panel of Legai and Technical Experts on the Establishment of a Legal Framework with regard to GNSS MednimEarth Orbit Megahertz Mimwave Landmg Systern Monitor Stations Multi-Function Transport SATeiiite MTSAT Satellite-besed Augmentation System Non Directional Beacon OpenAccessSeMce Precision Code Pmgramm M a u a g e ~ ~ l t Board Pubiic Private Parmrrsbip Prrcise Positioning Scrvice Receiver Autonomous htegdy Monitoring Requinxi Navigation Pcrfiinnrince Stlective Availability Standards and Rccoramrdcd nsctices Systcmcontrolcenter Sociéti irlternationaEtQ T4ECo-m StandardPositionmg Service Secondary Surveillance Radar

VHF VOR WAAS

TABLE OF CONTENTS

ABSTRACT

R É s m É

ACKNOWLEDCEMENTS

TABLE OF ABBREVATIONS

TABLE OF CONTENTS

. . . INTRODUCTION ........................................................... ................ 1

CHAPTER 1 . TBE GNSS. NEW NAVIGATION TECHNOLOCY OF THE CNSIATM SY STEM ........... , .. "......... n ...-.......... .".5

B . D ~ s c r u ~ n o ~ . ELEMEMs AND BENEFïB OF THE CNSIATM SYS'IEMS .................... 10

1 . Description of the CNJïATM systems ...................... ..................................... IO

2 . Elements und benefls of the CNPATM system ............................................. I I

(i) Communications .......................................................................................... 11 [hi Navigation ................................................................................................. 12 (iii) Surveillance ............................................................................................... 14 (iv) ATM ......................................................................................................... 15

C . NEED OF A GU)BAL CNSIATM SYSïEiU ................................................................ 16

CHAPTER II . GENERALITIIES ABOUT TüE GNSS ..,.... ..... .... ...-........m.t.... 19

k DEFIN~ON OF m GNSS ..................................................................................... 19

B . GNSS PA- ......................... .... ...................................... ...... ............. -21

.....................*.*...*........*........... ....*****.**.*.......... (i) Aviation transportation ...... 3 .................................................................... (ii) Maritime transjmmhn 2 6

.................................................................................... (üi) Land traasportation 26

(i) Atmospherc-rebted applications ................... t.. ...................................... -27 (@ Meteorobgical applications ........................................................................ 28

........................................................................ (iii) Earrb science applications -28 ............................................................................... (iv) Surveying appücatiom 29

....................................................................... (v) MiriRal-related appiications -29 .................................................................. (wi Agrkuhe-reiatcd applications 30

.................................................................................... (i) Tdcc~mmuiiicatianr 31 .................................................................................. (hi Spacccraft navigation 32

................................................................................ 6 . Public N e t y @icalio~(s 33

................................................. 1 . The US . Global Pantiaung Symm (GPS) 3

(i) WAAS .........,........... .. ........... .. ........................... .. ..... .. ............ ... ............ -.47 (ii) EGNOS ................................................................ ............ - ...... 4 9 (m3 MI'SAT Sateïk-bssed Augmeaiation Systcm (MSAS) .......................,.... 51

4 . Techical drnrr and architectvre of Wiim ................................................. 59

5 . Navigdtm amices .............................. .. ...................................................... 60

CHAPTER W . SOME LEGAL ISSUES OF GNSS .- ..l...-.c...-.-.œ.u.*... Hm.H.H161

............................. A SUME LEGAL ISSUES RAlSED BY ICA0 CmCERNiNG ïHE GNSS 62

(i) Basic principles ............................................................................................ 78 ................ (3 ICAO's mEtbbd to daerminc GNSS -mg and cosbn#, very 80

(0 The solutions of tk acisting hw ., ........................ .. ........................ ... 93 ............. .... ....... (i) Tbc nad to crcatc a ncw kgai h m d t " ....................... %

. (0 Esbatai COSIS .................................................................................... 1M (ii) Finan@ p h - ............................... ... ...-...-.-... - -. ......................... .. 103 (mi ReactiDns of tbe airiines, fimite potedial osas of tbe sysiem , ............-... 113

.................. (i) Pnpmmy and iinptcm-on phases: tbe VehicIe Company 1 19 . . . (~~npbasc:t&GNSSAdmmistrabio n .......................................... 121

......................... (53 Rephory issues: tbe GNSS Reguiatory Co-coordiriator 122

4 . Liability ...................................................................................................... 124

CHAPTER V . THE CHARTER ON TEE =BTS AM) OBLIGATiONS OF STATES RELATING TO GNSS SERVICES , ...--..........U...H............. i26

CONCLUSION -..-*.m.. .m.. .-..........oo..m....u--~w...-.nwm.-....ww... .. 131

Introduction

History is repIete with travelets using the stars to cbart theu destination.

Whoever these travelers were d whatever their reasons for travd, they used the sky as

a guide, as an aid.

At the dam of the new mille- people are stiü using t f ~ sky to chart th& course.

For centuries the sky was c o n d e m i iaacEessibIe to man. Today niankind works wiîh the

s k y . M i S i n h s k y . W * .

The d w t l o p ~ of aviation during th last ce* has bem rapid. It is now conmon to

fly over mntineats ancl ocwns.

The need for people on the grornad, on oceans, d mw in the sky, to know their posiîion

and to guide themsek to th& destkmbn dl cxists.

The sky has unfa thohle resaurces. Man uses these tesources mire and more. Mankind

mastered fîying in the sky. He is now beghning to wock witb rcsources m outer space.

Mankiad even kaves prints of his passage in outer space wtiich wiU kIp him on Earth

Mankind kves sateliites.

As the stars helped mini br centriries, now s a î c ~ c s will klp aian to chert bis position

and to guide himseiftonrards his desthmkn.

Man now bene& h m positionkg and navigation took o&ed by s a t e k

The Global Navigation SateUite systeml is a major tcctaihcal iumvation.

The number of applications done with GNSS is mcreasing every &y. The aviation sector

is wt the ody user of this new technology and is becoming dwarféd by every mcteasing

nu* of other users.

However, in the aviation sector, GNSS is an extremeiy useful new means of navigation.

Even if major technologicai improvements were done to ground-based ai&, the

shortcornings and Iimitations of h s e aids are evident: the grod-based aids are ofien

inaccurate. They are dependant on weather couditions and, moreover, they have a limited

geographicai coverage.

The advantages of navigation by satellites are therefore uapuestionable.

These admtages justifL the examination of the GNSS.

The internationai Civil Aviation 0rganization2 kIuded the GNSS in its

CNSIATM~ qrstem. GNSS is acmdy the essential part of that system.

It is, therefore, enlightening to examine this system.

Chapter 1 wiii deai with this issue by providiag a brief history of the CNS/ATM

system, descriimg this system, its components (communications, navigation, sirrveihce

and air t r a c management) and benefits. It will conclude by msisting on the oeed of a

global dimension to tbat systeril

Chapter ii wiii provide gmedties about GNSS.

The GNSS concept wiii be de- as weii as the four GNSS patameters: accuracy,

reiiabiiity, integrity and availability.

The applications fiom aviation to leisure-related activities wdi be stressed to show the

importance of GNSS in many sectors.

A description of the satellite navigation systems will be given m Chapter III.

The US Global Positioning system4, the Russian Global O r b i Navigation Satellite

stem^ are the two existiug sateme system. Both of tkm are, for the moment, military

systems.

The Amrican systern is actuany much more successful than its Russian

competitor for several reasons. But, even if GPS works very weii, some augmentations

systems are needed to improve the accuracy of the system. This is for severai reasons,

one of them king the Sel& Avaiiability put h o place by the US Government.

The Navigation Augmentation Systems will be aiso examiiied

IfS until recentiy, the Ameriean GPS and the Russian GLONASS were the ody

navigation satellite systans to exist, a tbird actor is appearing: Europe.

The European ni an^ recedy made the decision to mesue an Europwn navigation

satellite system.

This pmject cmentiy devebping is called ûaiih.

"The techmIogy is not 'self-iilemcnSing' - it works oniy witlim the

social context and for its usefirl operation requires the humau elenmt and

creatcs social relations among difkmt erditits - physicai pcrsons,

wrporatc bodies and States. Such social relations are marked by

confiicting interests m the society and require reguiation by law to

maintain a balance of such conflicthg interests and to harmonhe the

social relations created by the t e c h n ~ l o ~ ~ . " ~

Chapter IV WU address some of the legal issues raid by GNSS.

Specgc reférence needed wiü deal with some of the legal issues which were raised and

ewamined by ICAO. Legal issues addressed are: the sovereignîy, authority and

responsibüity of States, universai a c c e s s i i m u t discrimmation, contmuity and

quality of the service, cost recovery and financing, certification d liabiiity of GNSS.

The next part wüi concentrate on legal issues appearing with the d o n of the European

Galileo program, the k i n g and the organizationai structure of ûabo.

This thesis wiU also explam bnefiy the view held by the Empean Commission on

certification and liabiüty issues.

The last Chapter will focus on the Charter on the iüghts and Obiigations of States

Relating to GNSS ~ervices' adopted by ICAO's Assembiy. This "Charter" estabiishes

only weli-establistred guidelines and principles for firtute refetence-

This resolution does w t mate anything and can ody be considercd as the 6rst stcp to a

legal iÎamework which would deai specÏûcaîiy with GNSS ad would take the fonn of a

Convention.

Chapter 1. The GNSS, new navigation technology of the

CNSIATM system

Before examining the GNSS concept, the c m t existing navigation satek systems,

and, fmsUv the legal issues of the GNSS and of the European program Galüeo, it is

important to note that the Global Navigation SateIlite System is the d part of the

"CNS/ATM systemn created by ICAO.

The navigation system of the "CNS/ATM systemn will be bgsed on the concept of

Required Navigation ~erformance~, which wüi be mt by the implemerriation of the

GNSS.

A. A bRef history of the CNSLAm system

In the early eightjes ICA0 realaed that the eKisting air navigation systems were

becoming l e s &cient ia ternis of teliabiiity, cuverage and accuracy.

There was an urgent need to update them in order to mtt the 21' Carriiry challenge: a

tremeadous growth of the air M c .

T H e d w a s m t o ~ t o i i n p r o v e t h e n a v i g a t i o n ~ b u t a l s o t o i m p r o v c t h t

Conanunicatians and SurveilIeace systenrs for a better mauagmiem of air e9 ttisc 3

systemsbcingmtercomiected.

In 1983 ICAO established a special Cornmittee: the Future Air Navigation Systems

(FANS) Comnnittee, to iden* the new techaiques developed at tbat time and to make

recommendations in terms of communications, navigation ad surveillance in order to

improve air M c management.

Five years later this Committee (FANS Phase I) i d e n t a the ntcesity tu deveiop some

new srjtems to overcome the limitations of the ex&@ systems.

The use of satellites was identified as the means to enhance communications, navigation

as weIi as surveillance performances for aircraft navigation.

Satellite technology, conseqwntiy, was identifkd as the means to develop a global air

naflic management

Another Committee, the Speciai Committee fOr Monitoring and Cosrdiiaation of

Development and Transition Pianning for the Future Air Navigation System (FANS

Phase II)'' was created by ICAO m July 1989 to assure the intCrnBtiOnai cmrdmation

between the actors concerd and to mate a Transition Pian.

The concept of this mw system 0th FANS Concept- was endorscd m 1991 by tbe states

and internationai organizatons at the 10' Air Navigation Confireocc was approved by

ICAO C o u d and was endorseci by the 29' Session of the Asscmbiy in 1992 as the sa-

caüed "ICA0 CNS/ATM system."

This new system mvolves, as previously d e S c n i the use of sateIlites technologies.

Its pinpose is to meet the navigation needs, to mate a global system with a seamles

coverage" and to overcome the rimitations of the present systems.

These limitations aichide:

a) The limitation of the grounâ-bad system to the iine-of-sight t e ~ h n o l o ~ ~ ' ~ ,

b) The ~ W c u i t y to @lenient grod-ùased systems on some parts of the earth

because of the difiïcuity of certain siting positions,

C) The failinns of the voice traasmissions wbich do not permit high rates of

mformation ttansmission anâ

d) The lack of automation.

The use of satellites technologies WU p d usnig a fèw sateuites (îustead of t h o d

of ground-based facilities) to obtam extended arcs of coverage without having to face the

ditlïcuities inherent to the use of groimd-based $ciiities.

Moreover, the digital technologies a d the automation inherent to the use of sateIlites

technologies will ofEr easier, better and more celiabie data traasmissions.

In 1993 the kt pian of action, the Global Co-coordmatcd Plan for traasition to ICA0

CNSIATM systems was compk(d. ~olbwed by a plpa"c dmlopmcm of SARPS'~,

" Cailcd also "single umtmuum of sirçpacc* A. Kogitc, "ICA0 Ushas m a Revoldon in GlobPI Navigation Technology" (1994) XDC, Porr I A n d of Air d w e Lm 337, at 338.

'2 ïhe gmrmd-bssed navigiuia aids cgi mly k uscd ova a limitcd patian ofthe s u c k of the rrrih not blodrcd by a high tcxrain a the hariam. That ~ysians uecc cratsd m the fom'es rnd nœd l a s of gound- basai &y rnd l a s of ATC units.

PANS" and guidance ceterial as weii as the CNSIATM Regionai P h h g and

implementation.

In 1996 ICAO Corncil urged the ICAO SecretaRat to revise the Plan

as a "livmg document" comprisiag technid, operatiomi, economic,

financiai, IegaI and mstmdioaal eleiilerits, offering p d d gui&

and advice to regionai phmhg groups and States on implementation

and fundiug saategies, which should include technical CO-operation

q e c t ~ ' ~

to guide the mtemational aviation comaunity in the imp-tion of the CNSlATM

systems.

That was dom m the Globd Air Navigation Plan for CNSIATM stems'^, which was

accepted in 1998 by the C o u d of ICAO.

- -- - --

Sec Convention on Intemafiorml Civil Aviation, 7 Dsamk 1944, ICAO ~ 7 3 0 0 1 6 , 15 U.N.T.S. 295, art37 [haeinafta Chicago Convention]. The authos have sevaal opinions rbaa the vaiidity of SARR. fa Km Cheng, ICAO Cmcü hor a quasi- legislathe fimction keause a Seatc docs na have to apply the International Standards if it dos na w a a intematid Stancbrds arc na binding. For this authœ, the Artick 38 of the Chiago C4ava1uc~ is p f of his theory. Howcvu he maintains the cxismcc of an mdusct legai duty to canpiy with than m oac case. Far Buergenthai, that is no obligah to cmply with die mtanatiad shodads accpt the iDtanstid suindards adoptai in reWm to Art12,29 and 34,33 o f the Chicago Cmventim. S a B.DX Henrlru, ï h z knv on Global Air Nuvigrrtfon by Szellite. A kgai A d p i s of the 1CiO CNYAnCrJLsfem (ASTJ998) 35 at 33.

"The Art 37 (a) of the Chicago Cmvmtim ollows ICAû to adopt Intanitionai Standards and Raanmaidcd Pnctices (SARI'S) biit a h to appmvic procedraes (PANS) deiling with a m m m systans and air navi@m rids. Sa Chicago Comembt, q nate 13, an.37.

I6 'Ihe GloW P h daaii an ATM -ami caicep iad is din'dai into nm, parts, vohmic 1 guides riath- dcvelapmm~ afthe ~ C R U I nquaaa~t~ ind piammg cntair athe rir

in 1998 a major ewnt in tk matter o c c d the fÏrst-ever World-wîde CNSiATM

Systems lmplementation Confierence conwned by ICAO was heid m Rio de Japeiro, 11

to 15 May 1998".

At tk ofEciaI opening of the Conférence, Mr. Jack Howeil, Director of the Air

Navigation Bureau of the ICAO, underliwd the need of a red improvement m the matter

by saying that "the supporthg air navigation h h m c t m of our aviation systern is

ceachmg irs Lmiits and is becoming h e a s h & strained in ternis of safCty, reregulanty and

efficiency.""

The two main issues of the Confimm were the h&ng mchanisms and the

institutionai firameworks required to implement the new systenrs.

The t e c M cospt ion, as weil as the iegal and the minhg aspects of the systems

implementation were also discussed,

The r e d s of the work of the Panel of Legai Experts on the Establistmwnt of a Legai

Framework with regard to GNSS'~ weïe presented to the contemice.

Amongst than a cirafi Charter on the Rights riad obligations of States Relating to GNSS

Services was presenied.

This Charter was officiaüy adopted in 1998?

"Hce~iuscd~esmmgtam~cr~s". SccAdQasbyttpeDitsaoroftheAPNIVi&ltWILBlltQUofrheIntanitionrlCnilAvlition~ (ICAO) Mr. Jack Homn at the Ofnchl Opaimg of the Wald-widt CNSIATM Systems ImpIanamtia~ C ~ c e ( R i o & J a u c i r o , LI May 1998Lu 1.

l9 F k W l e r LEP. 'lbe LTEP was aated by ICA0 h c i i in 1995.

8. Description, elements and benefifs of fhe CNS/ATlCI sysfems

ICA0 concept of the CNS systems takes for granteci the existhg CNS technologies and

improves them. It combines the use of satellites technologies with traditional systems to

achieve a better ATM.

1. Description of the CNSIATM systems

The CNSIATM systems are d e M as: "Communications, navigation, surveillance

systems, employing digitai technologies, includ8ig sateme systems together with various

levels of automation, applied m support of a seamless gIobal air t d ï c management

systemd'

Such a global and seamies ATM enables the aacraft operators to meet their departure

and arrivai planneci times as wel as to adbcre to their prcfcned flight profiles without

compromismg tbe dety requaements.

The use of sateiiites techlogy miproves undoubtediy Aïr Tm& Management.

11

2. Elementr and benents of the CNWATM systms

The niajor components of the new system are: communications, navigation and

surveülaace.

(i) Commanicriions

The need for the crew on board an aimail to communirnte wiîù other akat l ad

services on the g r o d is obvious in te= of çaféty and ef6ciency of civil aviation.

The conmunidom e h m t iuvohes bth information and voice iinùs between the

type of Iiuk wiii Id to a hi& idonmion üansfèr tate, wiil hcmse inte& and

irtiiaation as weli as the mt&e with the automed system

S a t e k data and voice commtmidons capable of globd wverage are mtroduced via

the Aeronauticai Tekc0-m ~ e t w o e which will mtegrate severai means of

wrrrniunicatiOns sucb as the Airborne Mobile Satellitt systcmU, tbe V a y High

Freqwncy " dam link and the Secondary Surveülaace Radar %ode S '6data

Finally, the use of voice communications HF will disappear."

Satellite communications ushg the AMSS fiegucncies will be useM fOr air ckulation

. . services, the control of the aeromuticai operataon, the admmisaatnre communications of

the airlines and, h U y , the passengers' commimications.

Some benefitsZ8 of such a new communications system wiii be:

a) A more direct and efficient air-grouad linkages: the aeronautical automatized

systems used m the aircrafts and on the ground wili be interconnecteci.

b) An improvement of the information's haruhg and

C) A reduction of communications mrs, channe1 congestion and communications

errors

(ii) Navigation

Navigation refèrs to the abil@ to determine a position and the course to foliow in order

to arrive at a specific destination

Navigation d l be improwd with the introduction of area navigation (RNAV)

c a p a b i i , dong with a woridwide system deteramMg the position and the tirne: the

GNSS provides a woridwide migation covcrage by providing accurate navigation

signais aU around the earth.

g ~ ~ p a l i ~ a n t b e p o l r r r r e i a n d a a s o m e a b c r ~ k ~ a m i ~ m ~ œ t s e b n i c i l ~ l t l l t i l a sa-ay systan will k avaiïable.

T m systems are W y used for accurate positioaiag: the US Global Positionhg System

(GPS) and the Russian Global O r K i Navigation Satellite Systern (GLONASS). W

systems are used for worldwide en-route navigation and for non-precision approacks.

The more accurate precision approaci~e?~ will also be supporteci by these systeins with

appropriate augmentation systems to s a w the specific needs of these phases of flight.

The GNSS is composed of satellites constellations, receptors m the anmafts and an

mtegrity conîrol system.

The benefits of this new navigation system are numerous:

a) The GNSS wiii assure worldwide navigation m ' c e s with a high Ievel of

mtegrity and accuracy for the classical approaches, for the Category I approaches

and landings and for aii-weather navigation.

b) The States providing the ground navigation aids wiii achieve si@cant ntst

reductions because of the reduction or non implemcIltatim of groiriad-basai

navigation aids

C) Better uses of airport and nmways

d) Reduced pilot workload

(iii) Surveillance

The new data communications aad the accurate new navigation systems wiU enable

automated surveillance to be performed

The aaditonal secondary surveillance radar modes wili continue to be used for

surveillance, dong with the grduai introduction of Mode S m temiiaal areas and high-

density contiuental airspace.

The FANS Cornmittee developed the Automaric Depeadant concept. The

operaton will be able to use the ADS to transfer data3' automatidy via sateme to Air

Traffic ~ontrol~~units.

The beneh of the new surveillanw system are d e n t :

a) The reduction of the separation between the aaeraft pcrmitted by better

sweiiiance wiii be the solution to the p w t h of air trafEc and ltad to the

diminution of dehys and of operation costs.

b) A reduced error in position reports

C) A meeillance m oceanic am, distam d3 and w ~ r a d a r airspace

Hacinatta ADS.

'' Such as th& positian, their heoding spwi and arba infamociais cmained m the Flight Manrganent systcm,

Huehatk ATC.

d) An impmvement of the emetgency assistance

e) The coatroller will tespond more efFéctiveiy to flight profile changes

(N ) ATM

The ATM is the system that keeps the aircrafts separateci h m each 0 t h and directs

them ttvough the skies optimizing the "tdic fiow".

The ATM can be seen as "the end product of the wxxdhahn of the CNS systemsn4;

mdeed, the purpose of the new systems is to obtain a seamEess ATM

The advancernents m communications, navigation and surveillance technologies nipport

ATM in tenns of efiiency. The friture concept of ATM is much hader tbau the ATC.

It hicludes aiso Air Trafûc servi&', Air Traf6c Flow ~ana~enient~~, airspace

managemem and ATM-relaîed aspects of füght operations.

The benents of the new systcms regardhg to the ATM are the folfowhg:

a) DelaysasweiiasthefiightopenüingwstsWillbereduEed

The system eapaicity will h x m e because of tk reduction of the qamthns

between the a i d and a more efficient use of airspace

b) The controuer's workload Win bE r e d d

C) The fligbS piatming will bcconie mite dynamic because of t& possibility fbr the

operator to use his prefmcd flight profiles

d) And, last but nat ieast, saféty will impmve because of the miprovernent in the

detection and soiution of codkk3'

C. Ueeû of a global CUS/ATM system

The CNS/ATM system will bring economic savings as weii as increasing the efficiwcy,

the accuracy aed dety of air tdk .

To optimize the bedits the new CNS/ATM system has to be impiemwted as a global

system. O d y a seamless and global ATM system wiIl improve the present levels of

safety. "ATM is a part of civü aviation that is more suitable to w-operation and cohesion

than to cornpetitive advantage. ladeed, the entire civil aviation community has a vested

interest m the globany co-coordinated appmachn, m t e Mr. ICotaite3'.

There is an obvious need br cosmon m the setting up of the new system: the mes,

mdustry, users and service providers are the actors iavohred in the establichiilent of the

new system, they need to cosperate m its setting up.

That is why the iist of participants to the Rb Conkence is so diversified

The Conference brought togethcr "123 contractmg Statcs, 27 mternational

" Ammg athus IATA, STA, Euroantroi, ECAC, the Eumpesn canmisiai, ESA, the E m p a Cammunity, uimrrsP, AFCAC, ACAC. LAC& COCESNA, Sec Repœt oftfie WaI&mmde W A T M Sysmiu Impkmdai Canfamce, ICA0 Doc, 9719, ot u-14, dated 15 My 1998 RacinrRa Rio C* Rrpori].

The absence of any cosperation would lead to the foliowing resuit: a non +ompatl%ility

of the syçtems or their costly duplication which would impede the attainment of the

global and seamless ATM which is the ultmiate purpose of the new system.

The cosperation m the setting up of the system is aevertheiess M c i e n t : indeed once

the s e t a up is done; there is a h a need of cosrdination m the impIementation of the

new system.

Indeed if some countries decide to go alone'l in the impiememation of the system, the

afore mentioued beneh wiü never be achieved.

It wiii lead to the -on of ihe Global Plan d to additionai miplementation

corn.

This hgmentation wüi jeopardae the sa@ of the air &c.

A woridwide wsrdmation e&rt is essenihi m the irnpicmentation, even if the needs of

the couutries or regions involved are dincrent h m one another.

Some countries4' c m see Ïn the new sateilite-based system the oppominity to be a! the

forefiont of the technology in the managrmt of their abpace.

Consequentiy, ihey can ix in a hutry to i m p w the aew system

Som other couutries can ôe more rductant to implement the nwr system or, at Ieast, will

need more time to implement it tKcause of the fkt that thcy wouid prefer to mrik

6rs&lythecurrentcquipnsenttlieyuse.

The timing of the implementation wiii ttien di& Wrn one to another.

ICA0 developed for th. -n the Rcgionil Air Navigation ~b&, which are the lay

to obtain a woridwide-harmonized CNSfATM.

The States agreed to give to ICA0 the plana&, the coiltdmation and the control of the

;mPlementatiou

The ICA0 C o u d establirhed a High h l Ta& orc ce" to p n d c advice to the

Council on the best means of assisting the states m the tHnely and cost-e&3i~e

impiementation of CNS/ATU

ïhe intemtbnal commmiq had to k comrinced of tbe reaI necessity and relevance of

the new @bai system and the need to impkment it giobdy.

Apparently, aU the mors inw>hed uoderstood these cntical ehmts, the Rio Conférence

king the p m f of this rmdetstandmg.

Chapter II. Generalities about the GNSS

A. Definition of the GNSS

ïhe GNSS are

'Space-based radio positionhg systems that provide 24 hou, three-âimensional

position, velocity and time information, in any weather conditions, to suitabiy

equipped users aaywhere on the d e of earth, as weii as airùome and space

users. GNSS use sateilites as ~ferermce points to calculate positions accurate to

within meters or, with advanced techniques, to within a

It can also be d e W more preciseiy as

"An electronic type of Radio navigation and positionhg based on the range

measuremem h m a sateIlite signa1 (timed by a prccise atomic dock) d o s e

arriva1 timmg is measurrd by high precision GNSS me&, by measuriag the

amval time of the signai h m three or more satellites (the position of which is

known with pision), the nceivcr can d e t e k its range h m those sateIlites

and herre its position in three dimensions and in reaI th.

The GNSS is considered as the backbme of the CNSIATM system and is

expected to wolve as the sole means of navigation on the global basis for en

route, terminai, non precision approach and ianding and -with appropriate

augmentations and overkys Cprovided by a Wide Area augmentation System,

Local Area Augmentation and dBerentiai readmg) - precision approach and

landingd7

The GNSS is thus a positionhg system. Its data will be used mainiy for navigatiod

purposes and aiso for surveillance purposes.

The satellite navigation operates by meam of satellites conste~lation~~, receivers on the

groumi, on bats, in aircraft, ground monitoring stations and integrity monitoring

systems.

The satellites consteiiation operates m " (1) circular, inclineci orbits, (2) highly eiiiptid

inciineci orùits or (3) in geostationary orbhd9

The information on sateiiites position is broadcast h m the satellites to the receivers.

The thne required for the signal to be received and the speed of the receiver's motion will

be taken mto accaunt to de& a tbree-dimnnonai position m reai tirne.

" Tm, eirnilu arbitPi systems arc fOr die manait opuatianai: the US Gloimi Pasitiming Syami (GFS) and the Riisnan GlobPl mitai Navigation Satcllitt Sy~trm (GL0NASS)-

B. GNSS parameters

The navigation satellite system as the traditional navigation systems is d e W m t e m of

patametf=

These parameters are the main feaiures of the system: accuracy, reliabiiity, integrity and

avaüabiiity.

The advautage of the s a t e k navigation with regard to the traditionai navigation systems

is tbat a signi6cant level of these parameters is obtained whi& m terms of safèty, is of

criticai relevance.

1. Accuracy

ïhe tenn "accuracy" was defined by ICA0 as

The degree of conformance between the estimatecl or measuted position andfor

velocity of a pla$orm at a given tirne and its tnie position andlor velocity. Radio

navigation system accurmcy is usuaiiy presented as a statistical measure of system

enor and is specified as:

a) Predictable. The acci~tacy of a position with respect to the gcographic or

geodetic coordinates of thc EarcTi;

b) Reputable. The accuracy with whkh a user can nturn to a position wtiose

coorcünates have beea masured at a prcvious time with t& sam

navigation system; and

C) Relrrive. The afcuracy with which a user can determine one position

relative to another position regardles of any enor in their tnie positions.50

The US Federai Radio navigation Plan d e h it as foiiows:

" In navigation, the accuracy of an estimateci or meamed position of a cr& (vehicle,

aircraft, or vessei) at a @en tirne is the degree of conformance of that position with the

true position of the craft at that tirne."

2. Reliability

ICA0 defined tbe reliabihy in these termç:

"A function of the fhquency with which faihws occur within the system. The probabiiity

that a systern wili perform its firnction within de- performance limits for a specifïed

period under given operathg conditions. Fomaiiy? reiiabiiity is one minus the! probability

of system fai l~re.*~

The US Federai Radio Navigation Plan d e k th t e m by usiag the same word~.'~

5t DcpPrmiait of Definst and Dcprrtment of Trrnspaertiai, F- Rarffoll~vlgmon P h , 1996, at Appmdix 2 & 3 D d n a f k Fcdaol ~ n o v i g a t i o n P h ] .

ICA0 and the US Federal Navigation Plan use the same terms to define the htegrity.

"Integrity is the ability of a system to provide timeiy warnings to users when the system

shouid not be used for navigation.'J4

4. Availability

The avaiiabiiity of a navigation system is the percentage of time

that the services of the system are usable by tbe navigator.

Avaiiabiiity is an indication of the ability of the systcm to provide

usable service withm the specified cowrage area Signal avaiiability

is the M e of time W navigational signais transmitted h m

external sources are availabk fer use. It is a M o n of both the

physicai chatacteristh of îhe enviroament ancl the technical

capabilities of the traasmitter Mlitk~.~~

C. Applications

Several applications are done with the GNSS.

Meed, the GNSS tecbIogy has matured fhr beyonci its originai g o 4 which was to

procure an accurate navigational system.

As was previousiy mentioned, the GNSS is a positionbg system and its data is used for

navigation and meilIance.

Some of the applications descn i hereafter use the GNSS aot to aavigate but to spec*

a position. It is in terdq , nevertheless, to know them as weIl as the sevexai navigation

uses.

The appücations caa be clessifieci as foilows: transportaiion applications, scient&

applications, timing application, space-relateci applications, military applications, public

safety applications and leisure-reiated applications.

1. Transportation applications

Satellite navigation increases the efficiency of public transport, iiuIproves the movement

of iieeight and speeds up road delivery çervi~K56.

AU sectors of the transportaiion are c o n c d with t2ïe mation and the development of a

GNSS.

People might think tbat only the aviation sector is c o d but reality shows that the

maritime sector as well as the land aanspartation rnakes exterisive use of satellite

navigation In fàct, it shouId be noted tbat aviation is and win rcinain a maLority user of

the GNSS capabilities.

(i) Aviation tmnsportation

The use of satellite uavigation in the aviation kId wiii defhiteiy incrcase the and

efiiency of flymg.

ïhe GNSS, as previousiy siated, is the main e h m t of the ICA0 CNS/ATM system.

This system provides a vuorkiwide satellite navigation coycrage which wüi be applicd to

aû phases of flight, eventdy evcn to landmpsn.

ïhe GNSS is even expecred to succeed the ~nsaumrit landirip systemSg.

n~&~mtttim~ystans,iht~mlIbcirsedfaippoiehrndLndiagwhoepccEamk~ ( W i Augmaitition Sysrans, GNSS wiii pronde narigatim ind d - d a -an capabilities).

The hi@ accuracy of the satellite navigation wiU allow a reduction of the separation

between the aircrafts while m flight, This fact sigmses that the use of airspace will be

more efficient and that traf6c capacity on busy air routessg, over the oceans ...a be

mcreased.

The optimizaîion of flight profiles60 will save h l for the operators, reduce flight tioies as

weii as reduce noise mipact for c i t h by using the Cmed Approaches Technique, which

is impossible with the ILS.

(ii) Maritime tnnsportation

The GNSS is used m the maritbe M d for accurate navigation.

Accurate navigation is critical m a d aroiiad the harbors, as weU as through waterways ".

Another fimction of the GNSS m the maritime field is that the GNSS pcrmits to

determine the positioning of fishmg vesseis (and, at the same tk, the verdication of

their positions) as well as movemeass of ships canying dangrnus goods.

(iii) Land mnspomtion

Land transportation laeaas the use of cars or lorries as wel as the use of üains.

The use of the GNSS will pemit tk driver whose car bas such equipment to select the

most efficient route to h b w . This wil lead to a reductMn of tn& congestion ad

safety improwmnt on mads.

It wili also permit a company to know the exact position of its vehicies and wiployees on

the r o a d ~ ~ ~ .

Recentiy the satellite navigation system was used wiîh car-mounted celiuiar phones to

determine the position of vekles involved in a car accided3: "In this system, a

microcomputer monitors the anbag àepioyment system installed m new cars. If it detects

that the airbag has deployed, the coinputer caiis a service center over the celi phone of the

car, pas& to it the last b w n location of the car as detenrimed by the GPS nceiver,

The senrice center then passes the infOrmatiOn to locai emergency &ces, which can

then respond.*

2. ScientifSc applications

(i) Atmospbem-rehted appliations

The American system GPS is used fbr scnsing atmosphere properties because of iîs

sePsitiYity to the ''rehcîive mdex of the atnrospbn wilich is a M o n of pressure,

temperature and mii~turt."~

One of the relevant atmosphere properties is the atmospheric water vapor. Its study bas

miportant implications in meteorology as well as m tk irnprovement of the satellite-

based Surveying.

This appiicatim was daoe by the iist ofthe US Giobil bitiaiing Sysam.

This arimple was givcn m the lWà U i e d Nmionr Cm#mce strpo nate 62, at 13.

(ii) Meteomlogiwl applications

The GPS is, for the moment, the primary system for deteminhg positiorkg

information for balloon soundings. The balloon hieight and the wiad-speed mfomtion

O btained is relevant meteorological mformation.

The ground-based receivers can provide an estimation of the precipitable water and the

iatent heat avaiiable.

Sateme-based receivers %re used in long-texm climate monitoring to give regionai

and global temperatures which cannot be obtamed fiom earth-baseci sensors.

Measuring straîospheric temperatures will be of particuiar importance for achieving a

better understanding of the ozone pmblem and contniuting to the study of gra*

waves.

(iii) Earth science applications

The use of satellite navigation and positionhg system is a h of particuiar miportance

in the snidy of phenonmon such as earthquakes, ice and volcanic processes, sea-level

changes and s e a - h r geodesy.

AU these phenomn are depcndant on tùe plate tectonic process wirich can be more

e E i studied by the satellite navigation and positioning system.

(iv) Sarveyiag appücatioos

Accurate positionbg is of gmt miportance for Iard and offshore surveyors.

For many years, optical instnmients (quiring a direct k of sight h m ihe

instnmient to the target) were used by mprs for land sinveying.

satellite positioniug is very usefiil in that field because it does not require the

establishment of a line of sight ôetween the mstniment and the target fôr a precise

posiuoning; moreover, n does not r e q e that the surveyon pass physicay. ttnough

the terrain to meamre the distance between the two points.

Conceniing offdmre s u r q h g oil and gas recovery is compkeiy depedent on

accurate navigation and positionmg.

The rate of f b h g new oil and gas locations is lsrgeiy dependmi on the accuracy with

which seismic exploration vessels can operate.

A few meters errer cm have disastrous consequemes m texm of expenscs.

It is miteworthy that ia the first week of November 1999 it was amounceci that, with

the use of GPS, t f ~ reai height of Mt. Everest was comcted by sonre 2 mtcn!7

The GPS is î k p d y used to prospect tk ninicral with the use of aircrafts.

Accume positionhg of the flight path is requircd to a s a s the exact location and tht

size of the mimal dcposits.

(vi) Aghcultmm-related applications

The aeiiite positioning reporting systems of the GNSS will p h to hmers to

malce a maq of the exaict yieid of the fields they cultivate.

" Tout fermier croit connaiÈre ses champs. Je savais de tout temps avoir une zone

'mondable. Mais la cartographie par GPS m'a indiqué à quel point Écla a&tait aves

rendemmts. Plus encore, ce que je croyais être une tache, l'ail nu, est en fait bien

plus coaséquent" declared a French h.mr."

They wiU then be able to modifj. the types of plantings they used to improve the yield

of their fields.

This systan wiii also permit fhm to know exactly whieh fértibm d o r

pesticides tu use to 12 most soi1 properties and to distnbute with ptefision a specific

q~ami ty -~~

Of course a precise d i s t r i i n of the firtilaers wili have esYPOnmentai as weîi as

ecomirnic co-uetlcw: k fbmrs will mt use aniouats of mbstancc excedng

what they need This wiU constitutt a real bene& for tk emtiraIIMPt.

The hmrs, by exactly the type of subancc to spray and the exact quantity

to spray, will mik mbstansial b m 5 d savings.

3. Timing application

As said m the GNSS definition, the GNSS is "timd by a precise atomic c l o ~ k " ~ ~

The GNSS rece~ers on the grouml have to be synchronized with it.

"That meam that every GPS rece~ers is, m essence, an atomic accuracy cl oc^"^'

To use such a precise time is really usefiil to banks, radio, television companies,

computer networks.. .

4. Space-mlated applications

( i ) Tekommonicrrtions

Telecommunications companies use the p d o n of the system m terms of timing to

get their land-based telecommunications networks syncbronized

Mobile communications are improved by such iuhrmation such as precise timing and

accurate positioning. Tbe coatroller of the network can provide the bcst quaüties of

communications d avoid the disadvamages of the larmdfonn geometry by knowing

the exact position of the user.

(ii) Spacecraft navigation

Some studies currentiy use the GPS in spacecraft navigation.

Studying the launch, the trajectory and the re-entry of the vehicle will be done by ushg

the satellite navigation and position@ system.

Huge savings di be achieved, thanks to the use of the GNSS.

Indeed a GNSS receivcr can do the sarüe work as many orbital posiiioning spacecraffs

SellSOfS.

5. Military applications

Military appiications were oiigiaatcd by the USA^ lad îhe USSR').

Although stiü used predo- by tbe Americans and the Russians other nations bave

begun usiag and wiiî be very interesteci in the r n n d h y use of the GNSS.

Miiitary forces use satellite positioniug for dehske purposes and their m i h q

activities, but they also use the satellite navigation to aid civiliaus droppiag suppiy d

food by air in case of wars and o t k cntical situath# such as nscue and scerch

missions canied out by mifitary forces.

6. Public safety applications

The system is also used by police departments as weU as by he and ambulance

depariments to pinpoint the exact position of accidents as w d as their fast response

vehicles. This immediate respoasiveness wüi doubtedly Save niany hes.

7. Leisure-related applications

Private pilots, boat owners, mouutain clanbers and hikas niake extensive use of satellite

aavigation.

Ewn some g o b use the system to d e h an accurate yardage of the golfcourse.

The number of applications d e with the GNSS shows very weU its importance m every

day Me.

New appiidons of îhe GNSS contmue to be demioped and its future has m Limits.

Som people even use the sentence: " Soon the GPS [and the GNSSJ wdl become a

riniversal rrtility."7s

Chapter III. Description of satellite navigation systems

A. fhe Pn'mary Navigation Satellite Systems: the wisting GNSS

sysfems

There are currentiy two global satellite navigation systems: the United States' Global

Positioning System anci the Russiau Federation's Global Otbiting Navigation Satellite

System, both of îhem being sateIlite c o n s t e ~ a elemests of GNSS.

1. The U.S. Global Pmitioning Systam (GPS)

GPS is the most wideîy used GNSS system.

GPS originated as a military satellite navigation system.

On July 17, 1995 the Department of Defense Full Operasioaal capabiüty (FOC) was

am~unced.'~

The GPS is h of charges to the end-user for a minimum perbd of 10 years-

President Clinton c o n f i m d in May 1996 the ofFer to provide the GPS free of charge to

civil aviation and 0 t h peacefbi users.

It can be deW as fobws:

The basic GPS is &W as the consteüation of satcüites payhads

which produce the GPS signais, ground stations, data Ws, ilIlCl

associated c o d and control bcWes which are operated and

. . mmtad by the of Dcw tk Standard Positionhg

System (SPS) as the civil and commerciaI service provided by the

basic GPS; and aupmîation as those systems basexi on the GPS

tbat provide reai-tmit acciaacy greata tban the S P S . ~

GPS bas three major segments: space segmnt, comcil agmnt and user segment.

The space se- involves techidy ' 2 1 [operational] satellites and 3 [active] spares

on 6 orbital planes [irsciinated by 55 degrres to the equator] and 12 hours [Il hours 56

minutes exactly7'] circular orbit at an altitude of 20,183 kil~wets."'~

The design Life of a satellite is 7.5 years."

GPS uses the Navigation Satellite froviding Time d Range satellites."

GPS control segment is composed of 5ve monitor stations placed aU around the earth

(which means that at any t h e each satellite is moaitored at ieast by one station), one

master control center m Colorado Springs and three grolmd antemus.

GPS receivers, processors and antenuas Utilippd fbr positionhg and timing, compose GPS

user segment. Tbe user's receiver mcasures the tirne delay for the signai to reach the

receiver. By kwwing the distance to four poims (the satellites) m space, the GPS recciver

is able to triaogulate a thteedimensionai position (hiituie, longinide and height).

The size and price of GPS receivers was so reduced tbat technical progres is now

avaiiable to everyone at reasonabk costs.

The satellites emit on the sam f i q m c k Ll(1575.42 MHz)" end L2 (1227.6 MHz).*

Sec Guidelinesfor GNS& svpro nate 50, a 13.

" Which are allai NAVSTAR S l t c U k

There are two ke l s of services provided- the Standard Positioning Service (SPS) emitted

on L1 and the PPS (Ptecise Posiuonbg Systern) emitted on L2.

There are two levels of services provided because of its dual use, civilian anci militaty.

The GPS is actually a military navigation sateIlite sysîem managed by tbe system

operator, the U.S. Air Force for the U.S. Gavernment.

"The GPS is owned, operated and controlIed by the air forces of the individual

States.. . 9 4

The PPS is the service or@ available h r mititary users.

The GPS was also o&ed to the entire civü comm~nity.'~

The SPS is the service provided to civil users and became operatiod for ail uses m

1993.

ICAO Councii acceptai the United States' o k M to use the GPS as a standard

positionhg system for the i n t e d o d avhhn conmnmity.

mPmidmt W d R a g ~ n ~ t h e u s t o f t b t G P S t o t b e u ~ c d c i v ü i i n i i s a h t h e f n s t t i m t m 1983 a f k the des&uaim of a Korean Aiirhes Bœing 747 by the Soviet milituy. SeeWsr ins lrosmq~natc82 ,r t L9-

"[GPS] signais are modulated in two codes- the P (ReCisbn) mode [code] [emitted on i.2

fiequency] and the CIA (Cùarse Access [Acquisition]) [emitted on L1 fkqw~cy] mode

[code] that provides the Standard Positionhg Service (SPS)-the ody element of the GPS

offered to civil aviationd'

The SPS requires the reception of the î l A signai emïtted on LI-

The PPS uses a second ûequency, the L2 kpmcy, and rquites the reception and the

decoding of the signai Y emitted on L2.

''The miIitary bas eracsrpted the P-codes by aheiing the underiyhg mathemadcal formula

and ody authorized users know whaî the change is. As a wnsequençe, ccivilian users

canwt observe the P-codes d i r e ~ t l ~ . ~ '

GPS can provide a high degree of accuracy but its acctrracy was iimited for civil uses by

the US Department of Defense thtough Sekctive Availabiiity to a 100 meters horizontal

position ac~sey and 156 meters vaiiail position ~ccuracy?~ The SelcnM Avaùsbility

is actuaily a policy.gO

The PPS was degraded to the SPS fbr civil users which tesuhcd in umny w l l t t ~ v d

diScusnonS.

CiviI users paid higùly to obtain a more accurate system ad it cost tbe mühq users a

great deal to degrade the system's accuracy.

Ci users claimed access to the PPS but tbe response of the U.S. Deparunent of Defense

was ahvays the same: the degradation is a matter of national security for the U.S.

However the PPS wül become more accessri by 2006?'

Indeed, after 2000 the US President wiu have to examirae annuaiiy the need to Lnnit the

accuracy of the GPS to 100m9' for civiIian users. if- is no good reason to b i t the

access of civilian users to SPS, )ie will have to declare the PPS available to aiL

Tüi then, the d o n of Augmentation Systems amvers to t . needs of civil users (ad

especiaüy those of civü aviationg3) in this m a t t ~ f . ~

%eghmg in 2000, the Raident wûi mrke in amail deannnisti . . +on ai catinucd use ofGPS Sdsctive Avaiiabii. To suppœt this demmmm, the of Definsc, m capedm with the SumWy of Tmqomtian, the Direaa of Cmûai inMigmœ, Pnd hads d da ippapllte deplaanaits rnd agaicicq shdi provide au assenmm and m e n d a i m an amthud SA usa US Policy Stmcllyllt on rk GPS, s v p ~ o note 77, at 328.

" Ihe disaissim is today more iban tbe c d ofthe diai &ne cml Augmcnatim if8 caiflictarks.

P.The Russian Global Olbiting Navigation Satellite System

(GLONASS)

GLONASS was developed initially by the USSR military and continued by the Russian

~ederation.~~

It provides identicai information as the U.S.GPS and has the same level of accuracy as

the GPS operating on the CIA code.

GLONASS was o W as GPS to the civil commuuity, îke of cbarge for a mod of 15

Y--

in the field of Civil Aviation, ICA0 Council accepted the o w made by Russia.

" Since a DbCrœ of Febniary 18,1999, GLONASS is no lmger a milEtry Sucliite Navigaîïon Sysicm. It is opaated by a jomt boatd campcsed of military and civilirns. Set PB. Larsai, "Future W S S Legai issu&, pnpa premtai at the -a ONISPACE üi, V i Juiy 1999, at 6.

% This offir signai by N.P. h k h was fmuaiizai on Octoba 14, 1994 md Mirch 5,1996 (just r9 tbe Amaic~notnr)andusaftheQUawingtams"[lsiagtht~caafaradmmç Iwaddüketocaafirm, on W of the Govecnmmt of the Russim Fsdartim, the progosiI m d e at the Tcnt6 Au Mgaian Canfaaice cu~cianing the provision of a snnd8rd rcnincy GLONASS cbmmcl to the wœId inib'a~ communityaianai-disnminirtayboisfOrrpriodofdlast15~withnodireadirrga~ aOm usas, nibjen u, the aiiomtim of rrsa~as un& the IegisWon of the Rimiin Fcdam'mn. Sec State laner LE U49.1-W80, at Amchment A & B- Sa ais~ %A0 prepua to uwpt W s GLONASS System m equil fwting with GW, Awtiaa Daily, Mprch 19, 1996, at 443 .

The space segmwt wnsists m '24 satellites opera* m 1 1 hours and 15 minutes orbits at

an altitude of 19,100 kil~rneters."~~

These satelites are deployed in 3 orbital planes inc1Eiated by 65 degrees to the equator.

ïhe satellites emit on 12 fresuencies (1602.5625-1615.~~~z)?~

GLONASS controi segment is composeci of a system control center (SCC) and command

tracking stations (CTS).

GLONASS is not iutentionally degraded for civil use as is GPS.

Nevertheles GLONASS bas also two levels of senrice: the Channel of Staimdard

Accuacy (CSA) and the Channel of High Accuracy (CHA) fbr authorized users only.

The 6rst one is available to the civil users and provides vertical position accuracy of 75

meters aud horizontal accuracy position of 60

Even if tke is no Selective Availab'iiity, GLONASS is naich kss successfiil than its

American cornpetitor.

ïndeed for a Eong time oniy a fcw satellites w m ~pcrating'~~; mreover, î l ~ design Iife of

the Russian satenites is iess than three years.

The groimd segnmt is limaed to the territories of tk formet USSR.

This means tbat the monitoring of the satellites and the imenrention in case of problems

is limited.

This fact seriousiy delays wamings in case of a system faihire.

Practicaiiy, compared to miIIions of GPS receivers used al1 over the world, there is onty a

limited number of users using GLONASS receivers.

Moreover, there is not a reiiable CO xnmimmt of the Russian ~ederation"' to maintain

and develop the GLONASS system. The GLONASS rtcebers are nat compatible with

GPS and their suppiy is very ümited.

GLONASS is seen much more as the GPS compIement than as a cornpetitor to GPS.

"Combined appücarion of the GLONASS anci GPS navigation klds dows to improve

navigation measurement accuracy and reiiabiiity, as weli as to increase mtegrity of the

navigation system and implement the RAIM'O'

Y., Gu- & M, Lckdcv, a ~ I a p p a n a t t fima du m e de -ph a sueIlites GLONASS et sm associstim avec les aï& a ia navigation Carng&c D, Revue N-mJJuiy 19%), VOL 44 Nt. 175, nt 267.

8. The Navigation Augmentafion Systems

In spite of their high accuracy, reliabiiity and mtegrity, neither GPS nor GLONASS is

sufficiently acciirate to meet either RNP aviation requirements, perfommce

requirwienrs for harbor entraace, or many iauci tramportations applications.

Both GPS and GLONASS have major disadmtages: a deficiency m integrity, m

accuracy and in the lack of mteniationai conml

Conceming mtegrity, both of them have a limited capacity to wam users m case of

system hilures. GPS and GLONASS sateiiites can emit haccmte information during a

féw hours'O' before their isolation, idenification and resoiution of the probkm.

Concerniug accuracy, the GPS and GLONASS systcms are not d i e n t i y a~curate'~~ in

the aviation field for the precision phases of the fl@lo6 and fbr Category iII phases of

' " ~ t c a n ~ e t w o h a a s b e f ~ r e t h e a p ~ a n m t o f ~ c t i n s t ~ s m i e n ü ~ m t h c ~ ~ . Set K, 'Ibanoq "Cm GPS Bscame Even Bcaa ?", Rotor md Wa, (Fchriiay 1999, VOL 29 nr. î, t 37.

'" E v a the Mi of the Sel& AvaüMity m the GPS and the w of the PPS d d na sdvc tha problan. The may 1 appmach spccificotia~~ d d not k m a by the PPS.

night.'07 Harbor entrauce and approach phases m marine navigation as weU land

transportation a h need fmher rehement of the systems.

The third problem is tbat both systems are national systems; the GPS is American and

GLONASS, Russian. These two providers maintain absolute control of their systems.

Some parts of the worid, such as Europe, would like to be more activeiy mvoived in these

navigation systems.

Some systems were created to avoid the i b t two problems, to mcrease both accuracy and

integritygnty There are d e d Augmentation systems. Reiating to civii aviation, three types

of Augmentation systems exkt on-board augmentation, ground-based augmentation and

satellite-based augmentation.

1.On-board Augmentation

Several types of on-board augmentations ex&.

Fim of ail there is the Receiver Autonomous integrity Monitoring (RAIM).'~"

RAlM augments the integrity of the primaty signais but h9s also were iiaitations.

The R A I M ' ~ is not h y s avaiiabk because of its dependence on several parameters

such as phase of flisht, sateIlite outages, mask angle and geographic position.

109 Far marc dcgils abouî RAiM, set Fe& Rmiiomigcirwn P h n e 51, a 3-9.

Another on-board augmwtation is the Aircraft Aulonarnous lntegtity Monitoring,

(MiM) such as the inmiai navigation system.

2. Ground-bas& augmentation

The pund-basai augmentation systems are also called L o d Area Augmentation

S y s t m W).

LAAS enable GPS to meet RNP for ternid, wn-precision approach, precision

approach, auto land and ground taxi phases of £ügb

They -ove the primary qmems mire s igwhdy tban do the on-board augnwtau*on.

They can support the Category IiI preciaon approach.

These system wotk as hûow?"'..a monitor is located at or near the airport where

precision operations are desired. Silmflk arc sent to aimaft in the viciuity (out to

approxhmely 37km (20 NM). These sipais provide corrections to hatase the position

acciaacy locaily dong with seteilite integrity aifonnation. To do this it is neccssary to

bave a data link baween the g m d and the a i - Many such systems have been

proposcd and tesied using di fknt techniques and kqtmq

3. Satelfitehsed augmentation

The satellitôbad augmentation is also calIed Wide Area or Regionai Augmentation and

consists in the use of sateme to ttansmit augiaentation data

~hree"' Regional Aqpaat ion ~~stcrns~'~ are r e b the US FAA-sponsoreâ Wide

Area Augmentation System (WAAS) to cnhance the accuxacy and integrity of tfie

p r b u y navigation systems over North America, thte European Geostationary Overiay

Service (EGNOS) set up by the Euopean Union (EU), the European Space Agency

@SA) and EUROCONTROL to enhance the ~ccuracy and intcgriry of GPS and

GLONASS over Europe and; W i y , the Japaaese MTSAT'" Sateme-based

Augmeatation System (MSAS)'".

WAAS and EGNOS are designed to operate with lwvvlpat HI lt5, Imnarsat iII being the

space segment capacity provider for thwc system~."~

Two hmmat Dl satelIites are used in WAAS and EGNOS systems."'

"' ~ t h a anmtna such as ~ h u i ~ and ~ndia are inmemi m GNSS and its aupentat i~ ~hinq atampIc dmI@ the systcm TWIN-STAR. Sa B., KanEsnik, Geneml issues concerning GNSS und impm on drwIop i~ nnmnies, (U.M. Thesis, Monneal: institua ofAir and S p Law, nIcGiII UnivecOity, 1997). n 21.

MTSAT is designed to operate with two Japanese geostationary sateIlites.

(i) WAAS

WAAS is a method conceived by FAA to augment the GPS to meet civil s a f i

standards.

WAAS employs ground al1 over US and anad da"^ to monitor the htegrity of

GPS SignalS.

WAAS provides three basic services'2o:

a) It provides additionai integr&. It monitors GPS performance aad provides

timely wanMgs to users. I f tbere is any hiihrre, the ground station wiii detect it

and transmit it to the sateiüîes which wiü then broadcast the mformation back to

earth on the GPS kquency, signifymg that the information of the fgilure will be

received by every GPS receiver.

Fm m m Artuls sœ Loh, R, "GPS Widt Ana Arigm-an SyJtan ( W M n , ï%e Joiiniol d Nmigation (May 1995),VoL 48, nr.2, at 1 8 1.

b) It increases the GPS accuracyutacY It achieves the accuracies requaed for the RNP

for en-route, temimi, non-precision appach aad precisian approach (even the

Category 1 precision approach) phases of fiight.

The augmentation improves si@ accumg h m 100 meters to less than 10

mers.

C) It expands the number of satellite ranging si@ to irrcrease navigation systern

avaüability. WAAS satellites wiii continuousiy transmit GPS signais, mxmhg

that WAAS sateiiites appear on GPS receivers as additional GPS sateiiites. This is

important because the coverage of the 24 GPS sateiiites is not totaL Thete can be

some gaps at certain places and times.

WAAS is a necessary augmentation of GPS but is also expected to be ceaified m 2002 as

the primary means of navigation for en-route phase of flight (inchidmg over the ocean)

and non-precision approach, the Category 1 phase of flightl*'. The category II aud iIi

phases of flight are still excluded.

(ii) EGNOS

EGNOS set up by the European Tripaaite ~ r o u . . ' ~ ~ is a ~uropean'~ baseci Wide Area

Augmentation System for satellite navigation

It is an augmentation of the exidhg GPS and GLONASS systenis.

European intervention m satellite navigation will be carrieci out m two stages: GNSS1

and GNSSZ

The purpose of GNSSl is to augment the systems GPS and GLONASS'~' by mathg

EGNOS.

EGNOS is plamied to be used for enmute p b of fiight (mchidmg oceanic) as weii as

for the Category 1 phases of füght.

I p EU, ESA and EuroccmwoI. "Ibc mstiaitiaial r e o p a r i n i arc as foiiows: ESA is mpamsiie of îhe EGNOS ground nawmk and plso ia c h g c of ptcp~rotgywark mGNSS2. EUROCONTROL provides the civil aviatim rsquirrmcnts and preparcs guidtline î k the vale5datim md cutificatiat of EGNOS whilt the Europeaa Commissim coaduiatcs the Eiimpmi T r i p t h Gmup (ETG), provida politid fiPmewOck For ETG actions, provides fin a d&ütïrn of usa rrqimcments far di modcs oftrrnspar. implmaitatio11 of a Icgislatirc ûammark and mdcs far pacss ta the ImMnot üI mvigmtian pryicds". Sec Hen8ku. svpm note 13, at l7S(nate 457).

' P ~ ~ t r i ~ a h a t h u i t b e ~ ~ e m k r s ~ s s s a c i m e d w i t h t h e p o g r r m m e , s u c h r s : S w i t m ~ d s n d Norway. 0th- ~01ll l tr i4 such as Canada, Esn-Eiiropepn anmtri4 Mau, Middie East, South Amaian and Asian cammcs d l profmbiy also pimiCipite m the prognmmc

a GNSS2, the second generation system, as it will be examineci further, will enabie Europe

to becorne an actor (by creating Galüeo) m the setting up of a civilian satellite systemiZ5

which will be avaiiabie for civii avbtbn as weil as for niantirne and land users and which

wiii be used in the aviation sector fbr all phases of fiight.

The architecture and ftactioning of EGNOS is the same as for WAAS.''~

As for WAAS it wiii improve the integrity, accuracy and avaüab'üity of the existiug

sateiüte navigation systems. The three basic senrices provideci are:

a) The EGNOS mtegrity service wiü enable the users to know m 10 seconds ifthere

is any Wure in the system.

b) The accuracy is mcreased to 5 to 10 meters.

c) The ranging service wiii enable EGNOS transponder to broadcast GPS-iike

navigation si@. The satellites wiii o î k more sources of information tor the

users that cover the critical information gaps of GPS and GLONASS existing at

certain times and piaces.

EGNOS is gradUany depIoyed.

The beqghirg of the ranging service1" s&ried m 1998.

The iutegity and de-area differential senriccs w n t introduced in 1998 and will be

fbrther expanded upon in 2000. This meam that EGNOS will reach Advanced

Operational Capabiiity in 1999.

TLte graduai deployment is doue to provide fast benefits to users ad to limit technical

risks.

Full Operationai Capabüity wiii be ~ e a ~ h e d in 2002.

(iii) MTSAT SateNite-bued Augmentation System (MSAS)

MTSAT is a system set up by the JCAB'~, operateci by the Japanese Ministry of

Transport and covers the Asia/Pacîfic ~eg ioa ' '~

It was created to assure d e t y and efaciensy of air aanspon m a region where air

demand grows quickly.

It wüi be a key cornpanent of the CNS/ATM system in thai region.

MTSAT has two payioads, one mteorobgicai and one aeromubi, which provides the

AMSS"' fuaction and îbc GNSS Augmmation frmctian caiied MSAS providmg a GPS

augmentation signai.

This Augmentation system is composed of two geostationary satellitest3', two GES

iocated m Kobe and Ibaraki and two Tracking, Te- and C o d (Tï/C) Stations.

MSAS "provides additional GPS-ke rangbg signais, GPS integrity Information and

wide-area differential conection~."'~~

MSAS has identical system architecture as WAAS and EGNOS.'))

The originaüty of MSAS is tbat this program includes the launchmg of the sateiiites and

does not rent the sateiiites as WAAS and EGNOS do by renting -AT satellites.

MSAS is reserved for air transportation'" and covers CNSIATM by providing

communication, navigation and also aheteomIogicai services.

C. A new developing GNSS system: the Eumpean Galileo

Program

As previously rnentiowd, GPS and GLONASS are the two elostMg and operating

navigation systems and are part of the GNSS.

Europe took the decision to play an active mle in the developrnent of the next generation

of satellite navigation systems by developbg "a new satellite navigation constellation

combimed with appropriate terrrstriel inhstructure: ~alüso.''''~

Gaiiieo will be an elernent of the GNSS and also an important element of the Trans-

European ~ e t w o r k ' ~ ~ kt position& and navigation objectives.

13' One of them was iaunchai in 1999, the &a wüi bt iaunchd m 2004. Sec Wariaskosmp, supnr nate 82 at 27.

Shimamura, %SAS (MiSAT Satcllitchscd A u g m d m Sysiem) Rojen S W , Air dSprrce Europe (March-Aprii 1999), Vol.L, N t 2 at 64.

ln About a dcs~l*ptim o f USAS System and suh9ysiem. Ssc ibid

IY Which is not the aise of EGNûS.

A European Cuuncil Resohition of July 19, 1999'" fo- e s t a b k the involvemm

of Europe m a GNSS by the crcation of a uew generaîion of European sateMe navigation

services: ~alile0.l~~

1. the European organizatioiis in charge of Galileo's cmath

The European Space Agency (ESA), the Europeaa CQmmdy aad the Empean

organizatiou for tbe safiéty of Air Navigation (Eurocontroi), forniing the "European

Tnpartae Groupu (ETG) decided together to cornaute to the creation and developnierit

of the European eleraent to GNSS.

The ETG is m charge of both EGNOS"O and GaIilco programs.

'" Coumil holuiion on rk hmhmnt of E m p e in a newgeneration of soellite nnvigation services - Guiüeo - DPfUltion P h e (July 19. t999X OJ C22V1( August 3, 1999) [haematta Golieo COUIY:~~ Resdution].

Brie&, ESA is m charge of the mamgenrut of the program dcvelopment and technical

vaüdation activlties.

ESA's contn'bdon wiU be doue through its Advanceci Research m Telecommuaications

Sys tm (ARES) Program.

The European Commission is responsiile for instiMionai aud poiicy mtters. It has to be

certain that the views of al1 potential users are taken into account m the îhmework of the

overail program.

Eurocontrol defines the mission requirements for civil aviation in cosperation with the

reievaat national and supra-national aviation authorities. It wïii test and ver@ the

validation phase of system deployrnent.

2. The reasons and benetïts for Europe to create a European element

to GNSS.

The satellite timing, positioning and navigation system is a chalbcnge for Europe m tams

of dzty, mdependence, economic prosperity, promotion of iudustry and cmpioyment.

The need to procure for Empean users a systcm with a high kvei of nliability,

accuracy"' and efnciency which wouM ru rdy c m GPS and GLûNASS

for rk Wery of Air rwigrrtron on a Empean Comiirnbirrion io tk rhirlopmcnt ofa gla6rJ mvipibn satenite system (GNSS), mciai lotunai L 1W (lû/ûïIt998), at 16.

"' "A warld-wide rsquirmient of 10 meta h d i m t i l rawrcy is the mmimum smbrd whirh Cirliim would nad to msa if it is to k acceptcd as an mbacnt canpamt of a wœid-wide radï~m*grtiaa systcm". EUCormmmicarion, nqm nate 135, at 9.

shortcomings is one of the mx~ns Europe created a new dimension to îùe worldwide

GNSS.

A high level of developmem of tfrese parameters iilsiaes a high degree of s a f ' which is

very importaut m tmqmrtation sector.

The creation of Galileo will, undouùiedly, heip the Member States of the Eutopean Union

to fiilfill theù pubtic obligations to provide safé navigation semces and to procure d e t y

m all forms of transportation.

The creation of a Empean e h e n t in GNSS fulnUs the d of Europe independence

with regard to other nations, such as US.

hithDy, Europe waated to develop GNSS johîty with an intemational pertner such as

the US.

The US, however, did not want to share GPS ownenhip and contrai, pnmady for

rniiitary reasons. Empe could not agne to be totaliy depdaut on a foreign authonty

comolling navigation in Europe for seciaity reasons.

Moreovcr, Europe hi to protect the Eutopean consumrs @rut excessive fÙture

charges for GNSS sentices that th probable domimat position, ifnot mmpoly, thai the

US wouId most likeiy have on satellite uavigati~a

European ecomimic prospenty and promotion of E m p a n mdustry are alsa p d reasons

for Empe to mate Galilco.

Sateüite navigation wiU play a very importaut roie m the integrated European Transport

Systwi whieh is a det e n d element of the smgle market of which the purpose is to

provide a certain level of economic prosperity to the European Member States.

GNSS-based services are inmashg quickly a d the potaial market is estirnated to

reach 40 billion Euros by 2005.''~

Europe has large space technologicai capabilities. The creation of a European satellite

thkg , positionhg anci navigationai system o h to European industries huge economic

oppommities by building and rnamtammg . . . the sateiiite system, tbe receivers and the

Wrastructure d e d to the sateiiite system fimctioning.

Employmwt created by the estabüsîmmü of Gaüieo wüi be important.

The setiing up of the satellite system is estimated to support 20,000 jobs and its operation

is estimated to c m c 2,000 pffmanent jobs.

Equipment production and saie will also create en~ploymnt"~

3. International co-opemtlon

ûnce E m p e took the decision to piay a mie m the fitnite generation of satenite

navigation systerns, the European Commision erarmincd several options relateci to its

rntervention m GNSS.

ta Tbe ESA-fundei GNSS2 Canpmtivc Sy~tcm Studicp fOnsses m mqpnwlsia~ of anplayaiait fian 2!i,ûûû bissd rrpai GPS to 70,000 hsrd upai GPS snd M c 0 in 2008. It cstimiia tbrt lO0,ûW pbs will depmd by 2008 ai Cirlila). Sec bûL, at 4 (nate 9).

Three options were actuaüy examnied by the European Commission:

"- A jomt global system w'dh ail the major players

- The EU developing a GNSS with one or more m t d o n a l partners (pthiarly,

the US or Russia)

- independent development by the EU of its own system." '" The Commission recognized that jomt deveiopment of GNSS wouid be the most cost-

effective option

However, the Conmission stated cleariy the nced h r a CO-operation, reqcabg certain

conditions such as: the guarantees aga* disniption and the certamty for Europe to have

a role to play in the design, operation, a d control of the system.

As was afomnentioned, the US did mt want to participate in a shami control and

ownership of GPS.'~'

This excludes one single and joint EU-US satellite navigation system.

However, a certain degree of cwpetation betweai EU-US satellite systems could bene&

both partners m terms of au mcreasing robustness and perhrmance of the o d GNSS

system-

The two independent systwis couId e m bewme sole means of navigation'46

This type of w - o p d o n is, at present, imder study.

The decision was taken to develop Galileo as an Mependent system h m GPS but M y

compatible and mteroperable with GPS.

To the contrary, the Russian Federation held a positive view to a joint devebpment and

o W a firll parrnership to develop a new intemational civil system h m GLONASS.

Conml ownership and management of the new system would be joint.

Tnis could pennit Europe to develop Gaiiieo more quickiy a d to b f i t h m the

vahiable GLONASS kqmq band allocation'"

Japan, as well as other countrie~,'~ are interesteci m GaEileo.

The participation of other countries m Galileo wouid help to reduce tbe costs that Europe

wouid bear to M d Galiieo.

Several sceaarios are then possiile.

One is definiteiy rejected: the zero option

niis option would lead to the abstenîion of Europe h m baving any rok to play m the

fime GNSS and the reliance of Europe on the US GPS or Russian GLONASS or any

new system creatd The US wouid maintain their domhaut position m tbe hid.

This scenario was raised to give up with the --on of a new system and to c o ~ e

on the augniestation of GPS. However, the reasons and benefits explaid here above

spoke m h o r of the creation of ûaiiieo.

In conchision, Galileo is devehped as an indcpendent but fdly compaaik and

interopable with GPS, open to the m n of partlurs, espcdiy T h Russian

Federation.

4. Technical data and architectura of Galileo

Galileo wiii incIude a core constellation of satellite149 in Medium Earth 0rbitls0 *ch

represents low technical risk aad lrnown pedormance capabilities.

ïhe performances of GaliIeo would be a three-dimensiod performance over

b h s e s , an approxbate accuracy of 10 meters ho~izontaUy'~' and a univemi

mdependent time reference on a global M.

As previously memioned, the use of GLONASS consteliaîion is au optioa

The Europeau Commission considers EGNOS as the first step to Gaüleo: EGNOS will

probabiy wolve towards a regiooal ekmm of GaIko.'=

Gaiüeo wiii include "other globai, regional and Id elwiems, e h satellite based or

grormd based."'"

'%O (bmnai 5000 and 20,000Km) is usad pIso fbr M GPS aud GLONASS but WAAS, EGNOG Pnd MSAS w the GcosÉitmuy Earifi Chbit (GEO). Sa "Golileu: Sy?am Atchitsetw and Teehniaf Feoturrs" (Mprch-April1999), Air and SpPa Erimpe, VoLl, NrZ nt 30.

The ground segrnent wiii be used to provide integrity monitoring, to determine the orbit,

to synchronize timing and to manage the overail system operation.

The ground inhtmnm of EGNOS wili be r e d by Galileo.

5. Navigation services

Galiieo wouid provide thm levek of senka wi$h several types of service a d H .

Level 1 would be the service provided to tthe niass market.

It wouid be an Open Access ~ e ~ c e . " ~

There would be universal and fke acxss to this basic service.

Europe had to mate a level &ee of direct. users charges to compete with the GPS system

which is fiee of charges.

Level 2 and 3 are Conmiied Access ~ervices . '~ Tbest leveis are &ble services.

Tbey would not be o M for & to the mass market. The users wouid be chargcd far

their uses.

These levels would use mther signai and, 6 r these leveis, avaiiabiiity as weii as

accuracy muid be guaranteed

Liabiiity and certibtion also wouid be gwmteed.

The cornroileci acccss signai uses would be eitber optioxdn or nmndat~ry'~'.

Level3 is specific to sa* of Me and security related SeFcices.

ïhe guarantee of contiauous availability is an essential elexnent at this level.

ïhe third level of signal is limited to a deme number of users, civil aviation king one

of t h

The users would be charged for the senrices of Levels 2 aud 3.Is9

Chapder IV. Some legal issues of GNSS

This part wiii be divided into two sections.

The fint section will address some legal issues raised by ICAO concenimg the GNSS and

will examine the current works of ICAO conceming them.

The second section will address some legal issues related to the mation of the Empean

program GaUeo and will examine the Eusopean documents relevant to thm.

A. Some kgal issues raised by ICA0 conceming the GNSS

1. Sovereignty, Authority and Responsibility of States

The concept of sovereignty of States is a basic axiom of mteniational law and can be

"Sovereignty is the right of a State to W o m fiom fore@ intervention in its internai

af'faif~.wIM)

The principle of airspace sovereignty of States is a principle long ml established.

In R o m times, this principle existecl under the Latin maxim Tunis est solum, eius est

It became a principle of customary intanational Law.

In the aviation field this pPmciple was 6rst rccognizcd m tbc 1919 Paris C o d o n on

intemational Air ~avigationl~' It was later w h m d in 1944 m tht Article 1 of the

Chicago Convention m these t m :

" The contracting States recogck thas every State has compiete and exclusive

sovereignty over the airSpace above its tcmtoryryn

16' Convention Po~ant Regleniemation & cle lamigorion AArnerine, Paris, Pliris, 13,1919. This Conwntian wasthe first air iawdoaPnauto cnm mm foret. Fœduaiis sœ 1.H. D i a M a - Verschoa, Wistayand Devciapm~tofAiriaw"citedbyMüde,silpona~7. SœlisoI6mrh5npm 11-13, at 2.

ïhe concept of the territory of a State is d e W in Article 2 of the Chicago Convention

as 'the the areas and territorial waters adjacent thereto unda the sovcreignty, Suzeramty,

protection or mandate of such a State."

The appearance of satellite navigation gives rise to the fôbwiog question: does the

GNSS violate the weii-established principle of States' sovereignty?

Two situtions have to be descni: the fmt one is the state of adabiky of GNSS and

the second one is the use of the signals emitted h m the ravigaiion satellites systwis.

The simple kt of the GNSS king available can m no way be considcred a violation of

the States' sovereignty principle.

Indeed the satellite navigation system is baseci upon satellites which, in the case of GPS,

are iocated at 20.183 Km; and, m the case of GLONASS are orbaing at l9.100 Km.

Tbese positions are far beyond what ptactice calls the national iaspece'".

îhere is no question of sovereignty at such an aha~de!~~

The second situaîion is more cornpiex.

'a At tbat Iltitudc it is the ûita Spaœ rnd the Miclt U of the T m of1967 onparC@&sCpwmingtk OnnririeJ of h t e s in t k @rcaion a d me tf~ii~erspoco. imtdingtk mon andoirkaceicnfol boaïw @ a c m i f f a d e d t h e O u i e r S p o c c T n m y ) ~ & p o v i & P t h i t ~ ~ m ~ g ~ m ~ ~ ~ d ~ c c i c s t i . l W c s , i s n a q i b i i r r t 0 ~ a n i I ~ o 1 1 b y c l i m i d ~ ~ , ~ m m e i i i ~ o h a a e a r oecup~$*at, a bymyothamCIPS".

indeed the cunent mors of the GNSS pmviding satellite navigation are the US GPS and

the Russian GLONASS.

As was mentioned eariier, both of these are natioaal pmgrams. One is provided by the US

and the other by the Russian ~ederation.'~

The k t that the signals corne h m these national systems wuid fead to tix question as to

whether there is any breach and violation of other States' sovereigaty.

It could appear that there is an American or Russian intnision m other States'

sovereignty.

GNSS receiver can have access to the data.

This situation, a h , seems to constitute a violation of the sovereignty of the State

There is actual no violaùon of any State sovereignty.

Meed, as previow explairied, the GPS and GLONASS systems provide positionhg

data.

To provide positionhg data can, in w case, constaute a violation of any State's

Caacmhg the providas Mr. Henahi pointai a vay intaatmg point Hecanfimied~thepmviQnstarrrnatobtigcdto~deihesignilsindthaEaStue~destoQ so(and bythat kt toaacisei&mmeignty)thcyhrveto&it mrapsdoftbeL8tinuuxim"Sicutac ni0 utalicnumnat Iisdrr". Indesdiheacrciseofangbtcinncvaaiacmjiiryta~erigtitof~aha lepi pcnairüty. ïhe diffieuity b d by the pruvider ippcirs if thae is any m.lnnctim m the sitcIlia systan which csiacrdimrgeas a u d i aacoiiisim beume, mthte~~~,&epv-ik,kinginhiitights by providmg the signais, î&hges the Litin murim. Sa Hmaku, qpm n a 13, rt 1%.

What could constitute a vioIation of a State sovereiPaty is the folowiq situation: a State

wouid determine the ait trafiic faciEities or services on the territory of another State

without that States' consent.

Indeed Article 28 of the Chicago Convention provides that:

Each CO- State *es, so h as it may fiad practicai, to:

(a) Provide, m its territory, airporfs, radio senrices, rneteor0bgica.i

services ami other air navigation facilities to facilitate international air

navigation, m accordance with the standards and practices

recommended or establisthed h m tmie to time, pursuant to this

Convention.. ..

The Annex 1 1 to the Chicago Convention mentions mimver that

ContraEting States shall deter*, [.. .] those portions of the airspace ad

thereafter arrange for such services to be cstablished and provided m

accordancc with tht provisions of this Anne& [. . .] The Article 28 establishes the principle tbat the States undertake to provide air navigation

fàcilities if such is their wiiL

They do not, however, have th obiigation to provide t&m. The articie uses the teuns

"[ ...] so far as it [the StateI may find practical [,..]P

The fàct of pviding air navigation k i l i t k s or not is the mercise of the State's

If the State chooscs to provide suc& k i k s , it wiIl exert sovereign autbbrity over t b

No other

sovereigrlt

The air tra

ïhe State

navigation

GNSS wil

location dc

The soven

The princ

mentioned

Charter O

State can interféte m overseeing these fhciiities without violating the

y of the other State.

ffic faciiities inchide the ATS which themseives include the ATC.

s then have sovereignty, authority and t e s p o n s i i m the control of air

. as weii as m the promulgation and enforcement of s a f i regu~ations.'~'

1 never in îhge on this sovereignty. The kt that the signais give a position, a

ws not have arrythmg to do with the control of air navigation

eignty of tbe States is m no way violateci by the GNSS.

iple of sovereignty of States over the airspace above their temtory already

I m an ICAO Council Statement 1994Ia was reaûkmd in 1998 in the

n the Rights and Obligations of States Relating to GNSS Services, which

k.

Every State preserves its authority ad tesponsi'biiity to control opnations

of aimaft and to enforce safety anâ othcr regulations within its sovetcign

airSpace* ['64 [And that] The implemntation and opcration of GNSS stiall n e i k

M n g e wr impose nstrCctions upon States' sovmignty, aushority or

responsiiiky m the control of air navigation and the promulgation and

drcement of sakty regulations. States' authority shall also be ptcsmred

'" IclO Councii Srarement q î I C 1 0 Policy on C M Y . A T M ~ c l l u ~ n ond@mk, (hihrcb 9,1994) ICAO üoc. LC129-WB-2 [hacniafta I C I 0 C N S A ~ U C O M E ~ ~ Statenient]]. Of anuse this Poiicy ICAO Cmcil Shtantnt U na 8 binding insnment.

in the cwrdiaatioa d costrol of comrmmications and in the

augmentation, as necessary, of satellite-based air navigation services. ["0]

It is important to mention hm that tbe Cbaner, dapite the conta that such a word codd

mean, is oc@ a resolution of the ICA0 Assembiy.

Every State may ttien preserve its sovereignty, autbority aad responsibiliry m the control

of the aircrafts' movements and in the establishment and enfbrcexnent of safety

reguiations.'"

Before cotuinuiug, it is miportant to stress the fàct that if the principle of States'

sovereimny upon their tantories is a well-established principle, nemtkless a State is

ahvays k e to waive it, if mch is its v d L

Indeed the States made a ht step in the erosioa of the principk of States' sovereigmy in

the aviation ikld by cteatiag t o g e t h a catin movemnt of ghbalization and

l'beralization of the air transport. It is important to uuderline that thcy chose to do so.

The States sovereignty priaciple was not viohted in the true manhg of the term. It was

more accommodated withiu a certain context, which, in the case of the &baihian a d

h i o n , were the bewfits thas such a system couki provide to the aationd airihm

Conceming Air TE& Servks , su& as ATC or ATM, a $&te can agree to have its

sovereignty accommidated. It is mt demgation of the prmCipk of sowmigiq but an

accommodation of it.

Som couutries, for example,'n decided to hand over the management of ATS to private

cornparies.

Anathet example is the existence of regional ATM arrangements. These situations

function weU because some States agreed to accommodate theh sovereigmy by these

mearis.

The Annex 1 1 foresees expessly this situation m these terms:

"Except thaî, by mutual agreemeiir, a State may delegate to another state the

respom'biiity for estabiishing and providing air t&ic &ces [173] m Qht information

174 n regions, control areas or wntrol zones extending over the territories of the brmer [ 1.

The note about this provision recalls that

" if one State deiegates to mther State the respoma'i for the provision of air trafsc

services over its taritory, it does so without derogation of its nationai sovereignty."

No violation will ever be toleratd if it is a g a the politicai wiii of th Statc CO-

The consequezlce of an accommodation is that the State c o d wiü have to bcar the

disadvantages of the sovereignty losses but wiU also benefit h m the cospetation.

Professor Wasscnbergh accutately d the situation wry weii wiih tbese words:

" States are h e to c h s e what they fécl is right ...Tbt ultimaîe cboiœ is betw#n

absolute indepe&nce and "nations(" W o m on the one hand anci intematmaal

'" ATS mcluda the ATC -c& the tligtit mfiirmdiog k c e and the d d n g sewice Sec Annex II . stpimnac 166.aChrpia2,pPragnphU.

economic, financiai, technologid, social and emrWnmexrîai niter-dependence and

internaîionai cosperation"'7s

To coachde on that legal issue, the GNSS can in no way coostitute a viohtion of the

centuries-old principle of sovereignty of tat tes."^

2. Universal accasibility without disetirnination

hother legal issue about the GNSS is that an universai access to the senrices provided

by the GNSS has to be guaranteed: the access to the GNSS senrices has to be mamtaiwd

withoutany ln

This principle seems logical in a system which has the purpose to be global and universai.

Cosperation is the key to success.

The Rapporteur of the Panel of Legai ami Techicd experts on the establidmmt of a

legd ~ w o t k with regard to G N S S ' ~ nmiaded to the pamEIpants . . that "it was not

'" lt is intaating to mmtim dut Eurape is awpc in the u d m of Gilüeo of the nad to prnavc -gnty of Sutes in the pmvirim aud caawl ofRdiamviph savices and mentimai thnt thit fict was an elanait of the pditial dimatsion of GNSSGNSSSsc GTW Hij& h i Ghmp, Ad-Ilbc nwrking Gmp on the Set-Up ofan ogmri.nh;l..al-fi GhtB, h r j î F d Qmî h&v 1999. bacmifta GMB HighïeveiGwq~FimiRepon].

- . . discnmmatory to twit dükntiy persons who were not m the same position, but it was

. . . discnmmatory to treat différently persons who were m the same position"'79

The Article 15 of the Chicago Conventîon estabüshes the principie of non discrimmation

in the foiiowing tenns "The like Miform conditions shall appiy to the use, by aimaft of

every contractmg State, of al1 air navigation kilities, includmg radia and meteoroIogica1

services, which may be provided for public use for the safkty ami expedition of air

navigation."

ïbe pcinciple of nowhsmmm - . * tory access to air navigation assistance is then weli

established internati~nally.~~~

The non-discrirninatory access to GNSS does not seem therefore to raise any objection.

Moreover, ICA0 C o u d already mntioneà the principle of univerd access in 1994 m

a Policy Statement related to the CNSIATM~" but this hstrmmt does not have auy

legal binding fime.

The providers of these services themselves decIared the application of ihe phcipie of

universai accessibiiity without discrimiuation. Iradeed the exkhg componats of the

GNSS, the US GPS and the Russian GLONASS, were dcciared m 1994 by th&

respective governments as king avaiiabie "on a continuous world-wide basis" and "on a

non- discriminatory basis to aii users of civil aviation"'"

'" Sec Lcaa fian thc Adminimam of the F M to the M d m t of ICAO Cornicil (0dokrl4, i!@+ Attacbmmt 1 to Sîak Later LE4i49.1- 94/89 (undusa) citai Miide, sqm nate 7, rt 3 I?.

Of course this type of cornmitment is an unilateral statement issued to ICAO, which does

not pssess auy legal authority to enter h o a formal agreement commiug the! GNSS.

ICAO reaffinned this principle m the Charter m these terms:

"Every State and aircraft of aii States sball bave access, on a no n-discrpninatory basis

under unifom conditions, to the use of GNSS services, including regionai augmntation

systems for ammuticai use within the area of coverage of such ~ystems."'~~

Of coufie the Charter is ody a resohition adopted by ICAO Assembb.

The principle of good fiiith appears to constitute the ody guacantee h m which the

mteniationai commuuity bene%.

It is mteresting to note that universai access is also established fbr the Commrnrications

sector.

But in that field the guarantee of good fiaith is made stronger by the ex&ence of a n o k

guarantee: competition in the market.

indeed, the pressure of the market is realEy present m the field of comrmmkhons.

If a provider ümits the access to tbe services be proposes, the user will choose wther

provider, which guarautees him access witbout drscnmmauo . . . ' n.

It is the law of the market.

Monver the satellite c o ~ n s providers mention expressiy in their

coasunrtionai acts thaî they guarantee imiversal acccssibüay without discrimrnati - - . .oiti

In the field of tk uavigation, tk pressure of tk marks does not coPstitutt a real

saféguard fiir the W.

lu I. ïiuang, "A legai û a m d faGNSS, m htqmhg OIobil Air T d c Mmiigement, Guidiag Ci Aviatian into the ZI*CcnMy" (1998), pubiiahsd by ISC rnd ICAO, rt 157.

Md, untii now, there were on& two safellite navigation systems, GPS and GLONASS.

The US and Russia are the or@ si@ ptoviders and the only States to control the space

segments. The other user States do aot control them.

Moreover, as was aforementioned, GPS is the oniy one acniany reliable.Iu

Competition m this market was, for that reason, non-existent.

The situation is changing with the setting up of the European Galileo program, which WU

corne on the market to compete with GPS.

Creation of the European elexnent m the GNSS wiü gumtee, rmdoubtedly, more non-

dixriminatory access to the GNSS.

3. ~ontinuity'~ and qualityl" of the service

The service provided bas to be reliabIe and avaüabk on a cominwus basis.

The continuity of a &ce bas two definitions: a kgai one and a techaical one.

The LTEPII king, of the opinion that the principle of "continuity" m both technical and

Iegal senses had to be aEmed, de- these tems as fpllows:

In the narrow technical sense, continuity may rek to effective

arrangements to nhbbe the operaîional impact of unavoidabk system

maibcîhnsorhiiureandac~expeditiousscrvketecovety.

In a wider legal sense, continuity may also mean the principle that the

services are not to be interrupted. MociZed, ahered or terminateci for

miiitary, budgetary or other noo- t ecW reasons.'"

The technical seme of the term "continuity" means that some anangemextts have to be

undertaken to "minmiize the opecational impact of unavoidable system maltimctions or

Mure and to achieve expeditious service re~overy."'~~

The legal sense of that term means that the services wiiî not be intemrpted "for m m ,

budgetary or other non-technicai reas~ns."'~

Unfortunatek, at the present stage, the assurance of conti~~uous service cannot be

guaranteed for two reasons.

ïhe fïrst is that the GNSS was ahvays declared to have the obligation to respect the

provisions of the Chicago convention.

Now the Article 89 of the Chicago onv vent ion'^' provides that the States bave a fitedom

of action in case of war and declared nationai e~ner~ency'~~. Therefore, the semice

pronder of signais could interrupt the provision of the service m case of war or declared

The term of war is quite ciear and ümited.

'" LTEPII (N~ba2S-30,1996), M011agZ Pt 3.5.

'" Set ~ildt, supra note 7, a! 320.

'" S e ibid. a 32 1.

19' Tbe Anicle 89 of the Chicugo Coll~entt*on provides tk " In ew of wir, the provisims of this Caimtim shail n a r&a the bah of& ofrny ofthe ecimraing Staes i&as4 whaba as klligaaits ac as nnmPls. 'lbt same praiciple s i d i qply m the aue of my ornuacting Stace which deciarcs a S m of nationai anagmcy and natin:~~ the fht to the CamciLn

"War may be d e s c r i as the defènse of the interesls of one or more States or the

pursuance of objectives by means of anned forces. This is a de facto situation in the

relations between States m which means of force are u~ed."'~~

But the declared national emergency is not so ciear and can cover a large number of

situations.

The second reason is that the principle of contiuuity of the service was a&& m

documents which are wt bimding.

The assurance of contiuuous seMce was indeed a&md m the ICAO Council Staîernent

in 1994 ad reiterated in the Charter in 1998 in the following tenns:

Every State providing GNSS senks, hluding signalç, or under whose

jurisdiction such services are provided, sbaü ensiae the continuity,

avaiiabiiity, mtegrity, accuracy and rebbBy of such services, inciuding

effective arraugements to minimin the operationai impact of system

d h c t i o n s or faihire, and to achieve expeditious service recovery. Such

State shaü enmre tbat the serMces are m accordance wrth ICAO

Standards. States SM provide m due time aeroneutical idormation on

any mo&tion of the GNSS services that may af fec t the provision of the

SlErVi~es.'~~

As was &tenÊa;tioned, îhc Charta in a sirnpk Resohrtion.

The guarantee to provide a contmuous swMce is then m no cases a nal legal obiigaîion.

That k t can have serious c o a s e q u ~ because the GNSS is becoming the primary

means of navigation and may, perbaps, become, one &y, the sole means of navigation.

Indeed, a single provider could paraip, by its unilateral decision, the wbole worldwide

air transport system ushg GNSS by mterrupting the provided service.

Thete is, for the moment, no guarantee for the users to ben& fiom a continuous service.

There is a need to afErm this principle in a legai hrmwork, with perhaps some

exceptions, to avoid any contradictions with the Article 89 of the Chicago onv vent ion'^^

As Professor Dr Miide wrote, it is not oniy an act of God that may disnrpt the GNSS

services but aIso any 'tital interestsn or "act of self-preservation" of the States concerned

or simply "lack of fimds.*'%

Concming the quality of the service, the idea is to assure the integrity, the accuracy and

the reliabiiity of the service to the users.

The current existing systems by themselves cannot provide done such a quality of

service.

Additional systems, as previousiy cxamkd, provide integrity monitoring as weii as

augmentations and meet, consequently, the htegrity, accuracy ad reiiabiiity

requirements needed to assure the quaiity of the service.

'% Set Milde, nqm nac 7, at 320.

4. Cost recovery and financing

Finaacing and cost recovery issues, with respect to GNSS, are àifficult issues.

in ICA0 there is a special Panel m charge of these delicate issues, the Air Navigation

Services Economics Panel (ANSEP).

ANSEP'S roie is to provide "guidance on fimding, charghg and cost recovery as well as

related organizationai and managerial aspects [. . .]" of GNSS provision and operation' 97

However, the Panel of Legai and Technical Expeats on the establishment of a legai

k w o r k with regard to GNSS (LTEP) e x a d also the finamhg and cost recovery

of GNSS by dealing with the legal aspects, but oniy the legal aspects, to avoid any

overiap wiîh ANSEP. 19"

From a finaud point of view, GNSS is just another navigation aid.

The texts applicable to navigation services appiy to GNSS.

Two texts are of particuiar importance: the Chicago ~owcmion'~~ which is the basic

policy and its Artick 15 relatai to airport and simiEra charges;200 and, ICAO ~tatermd~'

on C&es for Air Navigation Smrices which @es more detaikd policy guidance!"

'" A u Niiganon Sewicts Economics Panel, Report on fintmciol d reImed orgpnpationril d mantageriai mperu of GiWS (May 1996), ICAO Doc 9660, at üi [hacinaftu MISEP Report].

The Maaual on Air Navigation Services ~conornic?~ is also usefuL

GPS and GLONASS are, as previously mentioned, cURestly k e of user The

States' intention is moreover to continue to provide the services k of charge.

The States proMders, the US and the Russian Feâeration, bear the total cost of the

In the case of the US, the GPS system is firianced through general tax revenues as weU as

through air traosportation trust fiiimds that are supported by a füel tax or vahie added

=205

The US and the Russian Federation promise to continue to provide GPS and GLONASS

fke of charge, however, the firture couici be difhmt.

Furthexmore, the augmentations systems are mt lice of costs and the development of the

CNSIATM, of which the main element is GNSS as weU as tbt European GaWco System,

also, will not be free of charges either.

For this reason it is interestmg to examie how ICA0 deah with the finaacing and cost

recovery of GNSS.

Z02 Stmenient by tk C o d tu Conmxting Stares on ckmgcsjbr Aiiporw a d A i r Navigation Servi- (1997) F i i Editim. ICA0 üoc 90WS [aaCmo&r Sturcmno on Chtwp].

(i) Basic principks

k are two basic principles relevant to this matter.

The 6rst generai principle establishes that "where air navigation senrices are provided for

international use, the providers may require the users to pay their share of the related

wsts [...yo6 It is also repeated in the Manual on Air Navigation Services Economics as fobws: "AI

States are lXy withia their rights to recover the costs of the services they provide to

aircraff operators through charges.'d07

It is thus estabiished that for any service provided the provider may charge the users for

the service provided.

The second principle is the non-discriminatory principle fbr charges.

ICAO's idea is that charges have to be imposeci ma nondiscnmmat . . .

ory waY-

ïhe 1994 ICA0 Council Statement provided that "any recovery of costs k m e d in the

provision of CNSIAïM services shall be m accordance with ArticIe LS of the Convention

The Air Navigation Services Ewnomics Panel in its Report on hamiai and relatai

organizatiod and manageriai aspects of Global Navigation SateMe System (GNSS)

provision and oprrat io~~~~

!kt lCI0 ~ A T M C O M C ~ I S ~ ~ ~ C I I K ~ ~ . supm note 168. The Camd artem~t pvidsd a h tha the c o s t r s c o v a y ~ t o k m ~ œ t o t b e S t r t e m ~ t s b y t t i e C a i n d t o C m t M m g S ~ a t ~ n J r Airpao and AkNavigation Saviccs. Hawcva this lut Qnimeat Q a n a havethefaocofIawind anistinaa a@ a pidelnie, a m d obligation aa the States aaly. Scc Milde, supu nate 7, u 321- Sse also Rio Coafcraict, WWllMP W18 (23/2/9û), item 3 at 33.

The LETPI1 repeated, "The Article 15 was genedly applicable to the costs recovery

scheme of GNSS

The Charter m 1998 r ecodhed the same idea m these terms: "States recognize that any

charges for GNSS services shall be made in accordance with Article 15 of the Chicago

~onven t io~~" '~

The Article 15 of the Chicago Convention, which is bmding on the signatory States,

provides the non -discrimination principle for charges for aii air navigation hilities

provided for public use in the territory of a particultir State.

If the application of the fkst principle to GNSS does not cause any trouble, the

application of the second needs some ckifkations.

If ICA0 is so sure about the application of the Amde 15 of the Chicago Convention to

GNSS, however, caution is essentiai.

Meed, the application of this provision to GNSS camiot be made a~tomati&'~.

GNSS is a service provided on a global bis GNSS is a worldwide system. Oae singie

system does not cover any more d e m e national texdories.

The provision of Article 15 is reiaîed to the charges of aü air navigation fiicilities

provided for public use in the texritory of a Staîe.

209 See MlSEP Report, supra nac 197, at 3.4.

''O LTEPil at 328

'" Sec Chmer, supru note 8, at paragraph 6-

'12 Sec ild de, strp~rrnae 7, at 321.

ICAO's will to appiy the non-discrimmation principle to the charges in GNSS is Iaudable

but to base the application of this principle to GNSS on Article 15 seems to exceed the

medng of Article 15.

The appkation of such a principle to the GNSS cbarges is essentiai but this appiïcation

has to be adapted to the global nature of such a service. For this reason, it carmot be based

automatidy on Article 15 of the Chicago Convention

(ii) ICAO's method to determine GNSS Gnancing and cost-recovery

As previousiy mentione4 the panels m charge of ICA0 for firiancnig and cost-recovery

related to GNSS are ANSEP. LETP is m charge of the legal aspects.

The ANSEP panel exammed five sources of GNSS components fundinpzL3: direct

contribution fiam ~ o v d ' ~ , debt finau~ing2'~, internaily generated resource~''~,

equity fmancmg aad leasing2".

It stresses the need of cosperation among States m the recovery of the wsts and also the

k t that other major users of GNSS, other than the aviation sector, exist.

ANSEP established aiso a cost-recovery methodology for GNSS?"

Sec ANSEP Report, supra note 197, a! 33.

'" Which wodd kpa id on two elmcnts: the ocgauhtiaaai fann of the GNSS savices pmvipmvidnig and the types of GNSS cmiponaits mvolvd.

"%at will depcnd an the volme and sumgth of the miflic to detamine if that @on w i l s a v i c e ihe dcbt

Thii opnopnm d d appiy to mtcgrity monitoring, to aqp~mtatians (wïdc or laai ora) by the lerring of for example mputas.

It d e k d two categories of charging methods for GNSS.

The first tlbethod States that the users would be charged dwctly by the satellite -ce

provider on the basis of the aniount of service received and the second states that the

users would be charged through ATS provider or State. ANSEP mentioned the

dficulties of miplementaîion tbat such a method would iàce.

Some methods were mggesteci fer the second category: charges levied on users of air

trafüc services (air navigation charges)"'. myaity pa-@', licence fd', levies on

passengers, ikight and/or fuel."

ANSEP made k e r e c o d t i o n s rrlsied to tbe f b a d q and con-recovq issue?.

The 6rst recommendation is reiated to the guarantees of seMchg and repayment of loan.

The second teconnaendation reférs to the cooperation amng the States m cost recovery.

The third recomr&endation relates to the 6uancial miperatives for accelerating the

amendment procedures fbr regionai air navigation plans. The fourth one relates to the

allocation of GNSS costs a t t n i b l e to civü aviation arnong user States. The Bkh

recommendation deais with the role of ICAO in fiiuuriai and admrnistra . . tive as- of

GNSS.

The ICAO C o u d approved these fec0mMPdations.

'19 mis methcd wouid bave the advmtage to be closciy rclatcd to the usas, th& danmd iad use of the &ce.

The legal pane1 wiU deai with various legal aspects such as in States cosperation in cos-

recovery.

The works of ANSEP are the most relevant dealing with hmcing GNSS because of the

fimucial and economics experts sittiag on the PaneL

The legal experts, tmwever, examineci GNSS handi . Thex works have to be

mentioned in order to bave a globai view of ICAO's work on GNSS financing.

The majority of the experts of ICA0 LTEP II agreed on that fbming and cost-recovery

of GNSS have to be effécted through user charges.*'

Concerning the kgal entity that wodd charge the users, the panel repeated the charging

methods suggested and analyzed by ANSEP ad examined the admtages and

disadvantages of two options.us

For recali, the first method is the foiiowing: the States would kvy îhe charges.

The advantages of thÎs option mtioned by LTEP II wodd be that the States have the

experience m and the organization for wüecting charges. Otber advamges would be thai

the States have the power to impose the payment of the charges aad tbat a strong linkage

wouId be estabüskd between the a m n t and fiinae charges.

This rnethod has disad~a~~tages, such as th fàct tbat the charges would be centralid anci

that an ad hoc mechanism wouki have to be Cre8ted to distribute the charges to the

providers. A w k d i fhd ty would be that the user couid be chargeci if two

providers provided the service m the same area (as GPS and GLONASS do at prescrit).

The second methoci is that the charges would be kvkd dire& by the pviders.

This option bas also both admutages and disadvantages.

The advautages of a direct charge would be a simple bancd c h u e l , a cgrtaîn

&~'biiity wwming the amouut's adaptation and one single paymeut by the w r to the

provider used The disadvanîage of that s W o n would k maîdy provider h d k i e n t

expriace m financing and provider &uity m obtaining paymnt.

Both methods are stLn king exammed by the experts.

If the experts agreed on the k t that the h&ng and cost-recovery of GNSS have to be

done through the user charges, there is, however, m, majority CO- the qec&

h m to charge the usm.

Several relevant pposais were memiod m the Rccomm~xxjation 14 of LTEP and

proposed at the Rio Conférence.

Indeed, as akeady mentioned, GNSS is the c d issue of CNSIATM system

For îbat reasoq the hanmg and cos recovery irrsucS examined by LïEP were reported

to the Rio Conference in 1998.

On b t occasion ICA0 made an analysis of tbt wsts and beneh O~CNSIATP for

pmviders and use#', which iç the basic step to detcrmiple the hmcing and cost

rewvery of a new system.

It was estabMcci tbat the impIememtatPon of CNWATM would lead to signiha

bcnefits to air transport. ICA0 caiculartd tim! the impicment&n of CNStATM would

lead to an anmunt of USS6 billion pcr year cos& savhgs to civil aviation.

The air caniers, users of the new system, will indeed enjoy s i g d h m firianciai bene&

by operating more efficiently m using more direct routings and preferred &&t pro*,

and by saviag hel tbanks to a reduction of delays due to an increased aitspace capacity.

Of course they will have to invest m new equipment.

ïb costs of the investment in new equipment include "the equipment procurement and

installation labor and hardware alsol [...] a share of the certification costs for the

new systems, and there may also be costs associateci with aircrafi d o m time or out-of-

service time requireci for installation'aa

The States that provide the system and support its costs wiU also k I i t h m the

implementation of CNSIATM system.

Safety wüi be improved as weii as reliabi and efiiency.

The developing countries wiU have the chance "to enhance thek h h t m t m e to handle

additional td i ic with minimal mvestment and a o r d opportunities to mdernize

ine~pensively.'~~

ICA0 made t k e recommendations m the Rio Worldwide CNSfATM Systems

Impkmentation Coaference conceming the kucing aad cost recovery of GNSS.~~'

na Rio Confaence WWlIMP-WPlIJtmr S. ïhac neommcndatims are lnseü upon the wakr done bythe LTEPII. LTEPR and LTEP13. Mr. ib&n remsrlrthrt it was incrediile that the LïEP spcnt w> much thne on the hanchg issues whidi are the task of the ANSEP. Ssc Henaku, n q ~ o nate 13, nt 249. "R##mmcndation 12: GNSS services shouid k caasidad as tn in-ami sewice fw public use with guamtœs for loccsslbiny, amtinuity, and @ity ofthe savia The principle 0 f ~ o 1 1 and mrthioI asimncc, as aiuncirted m the I)nft Charter an the Rights and Obligatim of States rclating to GNSS Services, shouid k appüde, a btiai, to tfie cm reuway of GNSS.

Ir is interesthg to note that ICAO insists once moreU' on the appMon of the princiipk

of CO-operation and mutuai assistance for cost recovery.

Moreover, ICAO insists on the fàct that aviation cannot be the oniy sector to pay the

costs of GNSS.~' It stresses the fàct thaî the costs have to be spread between the aviation

users and the other users of GNSS such as niaritmie sector, truckhg 'mdustry, agricuiture,

aad S U N ~ O ~ S . ~ ~

Recommendation 14 contains a list of several methods for financicg GNSS.

It includes a yeariy subscnption charge per using operator or aircraft, kense fiw,

charges per flighî, charges per phases of fi@, charges based on totaI passenger-

kilometers and ton-kilometers, or regular en-mute charges.

- -

Racommaidatian 13: in the absence of a ccnnpetitive mvironmcnt rrgarding the prwision of GNSS savices, ainsidaation should bt giwn as to whetha mshaaisns should bt dcsiraMe to prcvcnt a h s e of mmopoly power on the part of ûNSS providas. The adminisaativc mscbanisms far GNSS sbould bt at multi?rtnnl, r e g i d and natiad level. 'Che üanish-lœlandic Joint Financing Agreement d d be a mode1 but tbis d d n a arclude the tac of ocha types of mechanisms, including atiJtuig ngimal arranganents. [In the Danisb-lœlandic Jomt F'mancing Agrœmait, the air navigatims hcîlities are johtly financul by the coatmchg Statcs, opaatai by Damark and Icelmd and the ~serrtory gaiarl is rspaisli for gmaPlIy a d m i n M g the mangemmts.] Cost rs#ivery schancs, if any, sbauld ensure the d i e dimafia of custs amoag civil aviuim uclas thmiselves and among civil aviatim usas and aha sysimi usersUSCIS Rcamunendatian 14: The aviatitm wer charges which may bc amidacd as puasile methab f9r financing of GNSS mclude the hiiawiag:

a) Yearfy subsaipa'an charges per uîmg apaua, b) YearIy nibsaiptim charges pcr usiag aireraff; c) Yeartylmmthiy licaix fas, d) charges P= flight; e) Chatgcs in respect of d b t phrsa o f flight; f) Charges boscd m totai ppssenger-kiIameters and tannekiiamaas; g) Rcgular en-me chatges; or h) Awmbiaathoftheabon.

Tht principles rscammended m the ANSEP Report and m ICAO Guiddines &ouid m any ~ e n t k eelrm into aCCOIILnn

in the Commiaee FANS II, this ida of shrring the cos& was drady mentimal m th= tams: "Arrringanents must aisiae reasamêIe aiioatiaa of axas krwan the u s Sms, ruirtion and &cc systcms usas". FANS IY3-WPl87 GuideIine ïïi-6.

5. Certification of the GNSS

"GNSS, like other air navigation facilities, requires certification by the relevant

authorhies to ensure that it compiies with navigation performance criteria related to CM

aviation safety.*

Certification can be defiued as "an adjudicatory process whereby government d e s a

daennination of eiigiiiiity based upon a factuai presentation by the applicant.a5

Before goMg fiirther, it is essentiai to recall that certification of GNSS bas to be

distinguished h m the authorization provided for the use of GNSS.

Indeed the certification of GNSS is a techaical matter tbat refers to the codonnity, with

certain criteria; the authoruation to use GNSS is a "policy matter, which is a decision to

be made by each State and will be based on its national policy c o n ~ i d e ~ o n " . ~ ~ ~ This

section is deaüng with the certification of GNSS and not with the authorhiion of its use.

The Woriùng Group II (WG If) of LTEP deals with the GNSS certification issueissueU7

LTEP put forward eight recornmendations which were ptescated at the Rio Codèmce m

1 998.a"

~4 J h g , "Dmlopmmt ofthc Long-Tarn L.e@ Fmnmxk fin tbe Glokl navi@m Satellite S m " (1997) XXlI, Part 1 A d of Ak and Spafe Lm 585, u 593.

These eight recommendations are reiated to the legal aspects of certincaîion.

Thret issuep9 are relevant : the c d c a t i o n autbority, the c d c a t i o n procedure and

the certification staradards.

(i) Certification autboriiy

Certif~cation is performed at the national leveL The certification authority is the national

governments and they have the responsi'bility of cdcat ion.

In the 29" Session of the Legal Committee m 1994, it was envisageci that the GNSS

providen wouid have to obtain certifwation h m ICAO?" This idea was quickly

rejected by the ht LTEP: the national govemments wüi assure this functioa2"

ICAO wiii play, however, a limiteci role m the process of certification: it wili serve ody

as a forum to exchange information and to w-otdmate ttiwi.

This mformation is csseutiai for the user States to know about the reliability of the

~ysteril"~

Recomrnendation 7 provides that role to ICAO in these tems "[ ...] additionai

mformation [. . .] should be made avaiiabie and distributai through ICAO. [.. -1."

Rio Caifaaice, \KW/IMP-WPI 1 1.

'* of the RPPPQtCUr ai the Cddaatim with Regard to the Globd Navi#arim Satellite System (GNSS) of the Estabiishmcnt of a Lepi Fnmewak, Legil Cornmincc 296 sessian, Montrd 4-15 Jdy 1994, LU29-WPn-1.

Recommendation 8 identifies the hcîions of ICAO forum for exchange of information

on GNSS certi6cation.

ICAO wiii play this roIe through impiementaiion groups and regional planning.

The Recommendation 2 is not reaRy c h exactly what role is assigned to ICAO beyond

the adoption of SARPs but it is certain t h ICAO has no jurisdiction to validate or to

v e m GNSS services in accordance with SARPs.

The only task of ICAO related to the certidcation of the GNSS is, as already mentioned,

to provide a forum for information exchanges between the providers and user States.

(ii) Certification standards

Conceruhg the staadards of certification, the experts of the Pane1 generaiiy agree after

debates that cenification has to take phce in accordance with ICAO standards.

The recommendation 3 confhs that "States providing signais-m-space, or under whose

jurisdiction such signals are pvided, SM certifL the signals-m-space by attesting that it

is in conformity with SARPs."

The SARPs will cover, as wted in the Rmnnnendation 1, tbt system perfbrmance

criteria of relevant satellite wmpnents, signal-bspace, avionics, gromd WMes,

training and licensing requiremems, It wiU ais0 oversee the system as a wttole entity and

contain fadure tuode information to d k States to detcrmmt th saféty impact on theh

air t rac SCrYice.

For certain authors, if the SARPs arc mit met, the artick 33 of the Chicago Convention

win

This article provides that:

CeMates of &orthmess and ceri%cates of competency and licaises

issued or d e r e d vdd by the contrachg State in which the a i r d is

reghered, sball be cecognaed as valid by the o k contracting States,

provideci that the requirements under which such cenikates or lit-s

were issued or rendered vaIid are quai to or above the minimum

stdards which rriay lx estabW h m tim to t h e pursuant to this

Convention

In other terms, if the SARPs are mt met, the States wili bave the pssibihy ta d e c h the

recognition of the miidiîy of the cettiçcate.

At hast one author, Professor Dr. Milde, rejects any refcreilce to or analogy with Article

33 of the Convention wùich deais with a compkiy unrelatecl issues.

Practically, the States users wili wish to ensure that the States providers compiy with the

SARPs.

R e c o m o n s 4-5 provide tbet the States providers shoukl aiso ensun application of

ongoing s&y ~~ processes and shodd produce a satèty system daamen&

hacticany, it is quite d ü h i t to receive h h d n h m GNSS space segmern

providers reganhg tk teehicai spccifications and the saféty aspects of tk systcm.

On oae band, Statcs users rely on this same systan; but, on the other hard, the States

providers do not want to d the secrets of their system.

The déty impact asemmt system contaid in Recommendation 5 allows the

provider to operate his system without giving a detaiied a priori rtgulation ifa document

is published relateci to the saféty of system containing details about the sysîem's s a f i

aspects and ways to preveut any danger.

This allows the operator to keep the secrets of his qmem aird it @es to the concerneci

regulator and user and institutions the assurarice that they are deaiing with a serious

provider.

This system leads to the understanding that the m a i , and supervision of the level

of safety is not m the bauds of the regulator but in the hands of the provider.

(iii) Certification pmetdure

Concerning the caification procedure, the CeRincation is, as mentioned above,

perforrned at the national h L The national authoriîy in charge of the cedfidion wiU

then determine the procedure of certiûcatbn

But, if the States agree, it is always possibk to perfbrm through a regional

body. In this case, the procedure of c d h t i o n will be detcrmined ùy tbis regional

entity.

6. Liability

It might seem pessimistic to talk about iiabihy.

Indeed to talk about liability means to study a d and potential occurrence of pmblerns

such as Mure in the qmem, which causes or could cause damage to person or property.

Nevertheles, to examine the legai issues without examinmg the iiability issue wouid

mate a gap in the attempt to provide a giobai view on GNSS.

Liability is one of the most complex aad wntroversial issues in law.

Libiiity can be d e M as " the accormtabiüty of a petson or entity for damage caused to

another petson or entity as d e W and ceguiatcd by a particuiar set of niies anci

princip1es."2u

The creation of GNSS forces the tecbnical and legal experts of ICA0 to ad&ess the

question as to which liabiiity regime will appiy to GNSS.

The liabiiity in GNSS is, imfortumtciy, stiü an uatesolved issue. There are stiü mryly

discussions conceming tbe relemcy of crrating a specinc liability reghm hr GNSS,

and ifso, wfiat type of liability would appiy.

WGI Ripa 3 D&itia~ of the Rcqubanento k A L i i Sysîem fir GNSS2, hme 28 1999 Elirope~n Canmissimrt 1 2

One of the di8icuities of the matter is the fkt that GNSS mvolves several categories of

law: private, public, air and ~ p c e ? ~ '

The conttactual relationship between the provider and the user is a relationship in private

law: the non-performance of its obiigation by the provider may constitute a breach of

contract, which wiU lead to liabiiity.

But the provider, and ofien the u ~ e r , 2 ~ ~ are States.

Indeed, the current providers of GPS and GLONASS are the US State and the Russian

State and, as mon as States are mvoived, public law is concerned.

Both Space Law and Air Law can, in a ce& way, be wncerneà by the GNSS.

The authors express dZhent opinions as to the application of one or the 0 t h to GNSS.

Concernllig Space Law, the ArticIes VI and W of tbe Outer Space ~reaty?" as weii as

the Convention on the internationai Liability for Damage Caused by Space ~bjects?~"

could apply to GNSS. in the field of Air iaw, Articles 28 and 37 of the Chicago

Convention are related to air navigation ai&.

Another ditFcuity is that any liabiiity negimP has ah.Nays to respect a certain balance

between the intetests of the parties: tbe MctPn bas to be adequateiy ami effectively

"'A. Kotaite, "ICAO's Rote witb Rcspsd to die ïudutional Arraogunmts md Legil Fm& of Glabal Navigaiim Satellite Systan (GNSS) PlPnnmg and hn~l~mtatiai~(1996)~mrIlj ofAir dS'pace taW. X]CI Part II, at 202.

" 6 w of the fia that the State th has fonnaüy appnnicd tbe usc of GNSS signais providal by anda State fk air navigatiai ava its tant- is ePlled a upa Stmc

lu Conwmion on the Ime711QtiOmi ticrbiiiryjiw &muge C d by Spam 06jecr.s apned iix signame u h d a i , Moscow md Washmgtai aa 29 Mitch LW2 haeiraa d e d the Liobüiry Conwnrion

compensated but tk defendant does not have to fiel too much pressure ohmvise be

couid decide not to furth offer the seMw.

It is interesting to mention briefly merai options existnig m law ad which some peopk

rnight appiy to the GNSS liabiIity before examhhg the necd to create a new legal

ûamework in the fom of a Convention that would cover the GNSS iiabiiity.

(i) The solutions of the eristing bw.

A) Am LAW

For some auhrs, "GNSS win be just =the? navigation aid, m substance not différent

h m the exhîing navigational aids (VOR/DME, LORAN-C, OMEGA, INS, etc) for

which no special treaaneiir of the liability issues was ever co~~ternplated.~'~

Conseqwatly, the exishg air law is largely sufEcht to cover the GNSS M ü t y

pmblms: tbe regime of the Artick 28 of the Chicago Convention govenimg the

traditional air navigation savices wiii sbpiy be applitd to GNSS: the State is

responsibk for the uavigation services c o d

if an accident occras, tk investigation win be done by that State. A Coua of that State

will be compaeat and a si@ law applies - tbe oae of the Statc providmg tk navigation

services.="

The SFP~ pmviding thc IWQ#OL~ Sances is qmsii «ai ifthe nivi@at &œs arc deIqposd t o a p u b l i c a p M t c ~ c y . A s m l l t h e S r a c r r l i t s d a t h e ~ ~ s a v i e c s ~ w i E I b e rrspmsiWe.eveoi.frcwpCntiaawithachaSmtesaast

B) SPACE LAW

Som ICA0 legal e d ' submitted the idea of appiyhg the Article II of the 1972

Convention on the international liab'rtity for dmqe c a d by space object~.'~~

Huwever, the ~~ to tbis convention concerning GNSS seems inadequate,

"Such a refèrence is prima faci erroaeous and irre~want.'~~

Ladeed this Convention concerns the physicd &mages caused by a space object on the

earth or to an aaeraft in flight.=

T?ie Convention does mt COVU the cconomic damage or the economical loss.

The Convention regime does nat e x t d to the damges caused by fauity tfansmission or

reception of a signal genetated by space objects.

Moreover, the damages habave to be caused by the space objtcts and, in the case of GNSS,

the signais, but mt the damages corne h m the space objccts dinctiy. The damages are

caused by îàulty operations of the signds, mt by the p w impact of the satellite.

The liabiiity cos iadeui ncvcr be dekgPtal " La * ultime -dt a I.en&seanait c~wcllti par

is~~conmi&Pni&28dc~CmwPt~chiagqpaidl+nepat(md89u(cIiae tierce pascane et dancm dans les mains de IY& dél@uf'in Schubert, F, a RMexians sur la nspcmsnbili~ dnns le & du GNSS P, L. chroniqiae 6i nin'gurm, Rcvv NuvigPrion (Ocioba, 1997), Vol. 45, NT. lûü, at 418.

This artide ihat -A lauaching Stac Iaii k PhlOIuttiy IirbIc m pay campaisitim fa dmiage d byits~proc-ai tbesurfiaofthemcthartoraasffiniiignt".

" indœd m tbe Arriclt 1 ofthe Cmvmtian, the dam "&mage" is d&ed u "lasr of lifc, pasmrl iujiiry araber impairmmt ofhealth;a IosofadmugcoprqatyofStitaaoâpnoas,Minil ajtiridiat, arpropatyofintanitimrlintegovnmnenhiarginintians".

C) TELECOMMUNICA~ONS LAW

Some LTEP experts r a i d even the idea to appfy the same regime of liabiiity to GNSS as

one of telecommunications because of the traasmissions of signais m both cases.u5

Ur the telecommunications Liabiüty regime, the operators generaliy dischmi the

liabiiity for systern fidures.

AnUther expert addrrssed the suggestion that severai types of damges exist: direct and

indirect or consequenîiai damap . He noticed that the consequentiai damage in case of a

GNSS signal loss would be dramatic m the field of aviaîion. It could lead to aircraft

accident. To agree to a disclaimer of liabiiity without certain guarantees would be

shocking.

The idea to apply the same regime as the telecommunications was therefore rejectdZ6

D) NATIONAL LAW OF lHE PROVIDERS

As dmây mentioned several rimes, the two providers of GNSS are at present tmie the

US aad the Russian Federation.

Both GPS and GLONASS providers *patents rejected the idea of r e f m e to a

woddwide liability or r e s p o n s i i m a legai hsûmmt on tbe basis that tbe &ces

they offèr as a public utility are o W to an imlmown mrmbcr of users. For this reason,

" LTEPlI Rcpm an Agenda Item 586 ut 5.43.

IJ6 LTEPll Repat ai Agenda Item 586 ut 5.4.4.

The tcrms u r r s p o a s i i and "liobiiity" have to k dinmguihad: the ' b q m s î î nfas ta "îhe s ~ p t ~ of being snswarble hr an obügahn and the mvotves "a bmch of obiiptim due to ncgligaia i~r der huk w6ich wauid ause drmrgc to &as, canpaisrble u d y m tams dmmq." WhSitisa~yurdistingMhdietamstheaa*any*%~altamqthoatrrspoasiMeire~~ theansthatwatüable".LTEPII, Reportai Agcndaltan 3 at 332

the providers have no conml on th users and are m no legal relation&@ with them

except in their duty to provide m good fiaith the signais that they offéted in the5 unilateral

statements.

But that does not exclude a possible Iiability basai upon applicable domestic law for

negiigence.

indeeci, conceming the GPS, actions against the provider, the US, are possl'ble on the

basis of the Federal Tort CIaim AC%='

The US Courts are exclusively competent wtierever the damage occurred.

The legal regimcs existing for the moment covcr aii the situations with Wures of GNSS

si& but some doubts wi be nipmioaed abut th satisfaction that the sevefai exkhg

compensation processes give to the victims.

The question was miseck is there a need to create a new kgal -ork which wouid

cover the GNSS liability?

(ii) The need to cnrte a nm kgd fmmework

Severai experts and authors are m h w r of a pew coweaiion which woubi deai with

GNSS liability.

Their opinion is that GNSS d i f k h m coavdonal air migation systcms and that

GNSS raises new questions &cd to liability-

They stress the iàct that if an accident occurs because of uavigation services, "the

organilation of GNSS services resuits in a muhiplication of recours and a nsk of les-

than-tiill ~om~ensa t ion '~~ , which is completeiy différeat than for the traditional air

navigation services.

in the case of satellite navigation, a few States or entities provide the navigation.

"Each of the actors play a distinct but interconnecteci role m the effective provision and

use of satellite navigation signais, and is at the same tmie source of mjury to o the~s .~~ '

The provider of satellite navigation signal bears, of courseT the greatest degree of liabiiity

risk fiom the provision of GNSS.

If an accident occurs, the vicMis will sue the State providmg the air navigation

servicd6' on the basis of Article 28 of the Chicago Convention because that State

authorized GNSS services. The victim wiU, however, also sue the State or entity

responsiile for the primary service and the State or group of States responsi'bk for the

augmentation services.tg More than one State iiabiiiîy is concemeà, which is a totaüy

new situatioa.

Such a situation wiii lead to a muhiplicity of courts compaent, to a muhiplicity of iaws

applicable to the situation and to the risk of deniais of justice or less-than-full

B.D.K. Henaku , The Intannti*maI Liabüity of the GNSS Spaœ Segment Rovida" (1996). A& of Air andSpace h, Vol. XXi, Pan I, at 146.

The victim wiii h g its iaim agaha the Stite above which the d ~ t oonirs a Sm iucr, kcsiiri? that Smte hos b m d y appmd the use of the s i p h aming ikanûNSS sipais pmvided by maha Stace fa air navigatim ova its tcmitay. Mcaase the S m ura am M g m indirea wtim &ut the service @dm or aha which a m m i to the ocauma of the rhmip1

compemat i~n~~~ Moreover, -y of the State d e s may enjoy immun@ fiom

jurisdïcti00.

If the victims WÉde to sw aii of tbem, it will take a certain time to get compensation

and, moteover, there is always a ri& that the deféadants d l not be f o d liable.

Some people in hvor of a mw iegal fmaework use the argument thai certain situations,

which cm occur with GNSS wfi as a non-fautt nialfuibetion26*, are gawraed neither by

the Chicago Convention nor by 0 t h erristing niles.

A new legai fhx~work that would take the fbrm of a Convernion would be, therefore,

desirabte to offer a mübrm iiability regmie. This regiPae would provide prompt and

effective compensation tu the victmi.

To àeveiop a new convention wüi, of wursc, take them because of the coniptfety of

the rnatter and also because it takes ahvays time fbr States to ratifL a new wnvention.

applied to GNSS m the riew Convention.

Fa aampIc, tfic iiabiIny of ATC mcia was sipdicd by ICAO Legai Cmmimc iar mac than 20 yern.

The majoiity of are, however, Pi fàvor of a strict Iiability or nu-fbh iiability reg*

with limaation of liabiIity.m

At the Rio Conference, LTEP presented its work ï h e e of b i r recomme~bdations26'

concenied liability.

There was obviously too much discussion about the iiabihy issue m the LTEP and no

consensus was reached m order to have a clear rcgime of hldity apply to GNSS.

The recommedatiuns mention, therefon, the necd for fiirtha studies conunhg the

liabilityregmie.

Recommendaîion 9, as well as mmmendation I 1, stress the $ct that certain concepts

have to be fuatier considered and discussed, such as; hk, prompt anci adequate

compensation268, disckimei of kW9, sovcrcign nrnmniity h m j~risdiction~~~,

physical damage, cconomic los and mami injury, joint and sevcral liabiIitfl, ncoiase

action mechanha channehg of fisbwn, crratian of an imcrnatioaal fi@ tbe two-

Recomm~datian 9, 10 and 11 atc miam! io the t i a b i i . .Sse Rio canarmœ, WWlIMP-WPI11, Anachment 3.

tier concept, maeiy strict liability up to a limit to be d e M and hdt 1iabi-f above the

ceiling without numerical limits? The ptactical expexkme in the coimmrcialization of

GNSS seNices as weii as the appropriate metho& of risk average have also to be cakeu

&O acc0imt.l"

Recornmendation 10 addressa the d to record the signais to solve the problem of

e~idence."~ The record of the signais wouid be usefid if the reghm of üabiiity chosen is

a huit-based Iiability regime, or in case of a sErict bbiüty tegime with c e h g for the

huit W i above the ceiiing,

To conclude with the liability issue, the sateIlite navigation is pertiaps mtfier navigation

aid but the chmctteristics of this new navigation aid cliffer h m the traditional ones

because of the use of satellite.

Exisîiug national Iaws which can reasonabiy appiy at present tane are t m a i d i m o ~ ~ .

To m t e a Convention *ch would niEe on the Mlhy issue in GNSS is necessary for

the long-term but its pnqmtion should in no case delay the @ai miplementatPon of

the GNSS.

it k~~impwsiMctosignacoaûoctwithevaybody.E~~~~~llmlaigsesisdthothEiwpe.aEtrropegi GNSS agency waild sign the cantracts an kbalf of its memkrs wirh the si@ providas and the system opaat-

n4 In 1997, LTEP stmd Plso two aha impxmat eiemento ta mke mioaœamtr the nm abgwim oftùe dutyofearrfQ~mofGNSSda~iheWtha~slfétyisainarwddthecatitPdt that the mSUrancc costs agakt liobility d l k prapaly &ai to mPinEPm the a#iamic efhaeacy of the s y s t a ~

It might seem strange to tak about the d to solve issuts of IiabiIity with respect to

GNSS prior to its pmticai implememaÉioa.

It is never too eariy, however, to ptepate strategies in advance which address potential

pro blems.

There is no need to wait for the adt& and often tragic, experience with possible damage

to think about a liability ngime thra wuid a p p P 6

Any precipitou preparation of a Convention would hardiy nmhd dicieut politicai

wiii of States for its wide adoption.

A long-tenn legal hmework concerning GNSS is newssary but this iacdertaking weds

thne and carefui planning.

Moreover, the IiabiIity issue concemiug GNSS is pehaps not the only issue a GNSS

Convention would have on its ageada

Two main legal issues relateci to the creation of Galüco are mtcrestmg for exemination:

the financing and its ofganizational hmework.

Moreover, it is interestmg to explah brieay wtias tk Empan opinion is about

d c a t i o n and üability relattd ta GNSS.

1. Financing

ïhe idea to m a t e a European eiement in the GNSS is a worthy undertaking, but what

would be the use of an idea?

The reaiization of such an idea requires both technical Iwiwledge and -hg.

Determining ways to liaance Galileo is a rioaior and difticult task.

The Euopean Commission exammed the finaac'hg of Galileo in its Co~cation aad

created a Task Force on PPP to examMe how public and private sectors could coiiaborate

in Galileo's financing in more detail

Of course, @en that Gaiileo is cmenîiy at the d e m o n phase, any element is

susoeptible to be modifiecl in the friture.

The estimated costs and finaacing plan of Galüeo issued by îhe European Commission

wüi be addressed.

Fmaily, the positions of some interesteci acton wiii be exanmied.

(i) Estimatcd costs

ïhe set up of G a I h requites a space se* and a p u a d hhüwtme.

Ttie cost of both elements dependn on the satenite constellation. For exampl, the wst of

the satellites located on GE0 a d IGSO and the launches of these sateUtes are relatively

high compared to the ME0 satellites ami launches of ME0 satellites

Because some optiodn reiated to the sateliüte consteUation have to te snidied f i e r ?

the exact cost of Galileo cannot be determiued at the present tiute with high preckioa

However an estimation of t&e potcntial wst of GNSS cm newbless be done.

ESA together with the industry estinrateci the cost of a 36 ME0 and 9 GE0 constebtion

around 2.2 billion Eums over a 9 year pexiod27a and the cost of a 21 ME0 aod 3 GE0

coasteilation around 1.6"' b i l l i ~ t l ~ ~

The developmenî cos1 is estimated aroiirsd 272 million Euros and the iau~:hiug of two

prototypes and the reuse of EGNOS arouud 449 miilion

This leads to an approximte &bal cost of 2.198 büiioa ~uros?"

Recurr'mg corn after ZOO8 w at8i.ited to reacb 155 mulion ~ u r o ? mually.

To face ttiese approximate costs, the E u r o m Commission developed a haucing plan.

(ii) Fiaancing pisa

The purpase of the k i n g p h of the European Cosmnhion is to give some options to

follow to hance ihe d e e n , dwtlopmnt, deployment a d operation phases of

GaliIeo.

" As the patentiil Euopean a t q c m i c ~ with GLONASS. The awpemim with the Rwsian Fakrrtion waildmdcrdrrduccEuqmncoJo.

1.477 billion Euras d y y Scc EU ColRmtllCiCOfiDn. mpm note 136, at AmKx Lü b).

As previousiy rnentiod, Gaiileo wiU have to compete with the American GPS system

and the Russian GLONASS system which are offered k e of charge.

Moreover, the US are CU- leaders m satellite navigation and their long-terni

objective is to remain in that position

Europe must cousider this objective in the setting up of Gdeo.

The kt that GPS is k e of charge and that the US has the mtention to remain the leader

m the field lead to the conclusion that ûdh cannot be exchisiveiy f k m d by the

private sector, user of the senrices. Moreover, the users wiü never agree to fmance a

service that téey could receive h m anotber provider 6ee of charge.

Public fimdmg wiii thmefore need to be f o d to firieace Galileo.

The Ewopean Cornmission set out a k i n g pian e x d n b g a three point strategy for

Galileo's W c i n g ami stress@ the participation of bth public md private sector.

The three sources of Gaiüeo's k i n g conçidered are the fobwing:

- Substantial financmg at the Empean ievel through the EU Budget, notabiy the

Transport TEN, and through ESA;

- Establishment of revenue swanis, which is Lely to require regdatory action; and

- Developing a pubiidprivate prirtnership, to deiiver compkmniary finance and

value fbr m ~ n e y ? ~

A) EUROPW PUBLIC FLMDING

As previousiy mention& Galileo di be an miportant elemnt of the Transport

Trans-European Network (TEN) and the Conimon Trausport Policy.

The participation of the EU m Galüeo's fiaancing is therefore bgicaL

The European Commission examineci severai sources of European huchg:

It found that 500 müiion Euros could be dotteci to Galileo on the 5.5 billion budget

aiiowed to the TEN.

The second source considers thatl20 million Euros couid be allotted to Galileo on the

budget allotteci to the 5" Framework Program of the Empean Union for research,

technimi development and demonsttative activities. . ..

The Commission's TACIS program could also support the wst of üaining and

conversion of industries from miütary to civil purposes in the case of co-operation with

the Russian Federation

Finaily, ESA could mibilize fiindsU4 h u g h is mstitutiond mcshmkm~?~

A total of 1.25 billion Ems couid aiready be obtained h m tbe Empean Union for a

total of araund 2 . 9 ~ ~ biüion Ems of estmiated costs.

'"1t is mteresting ton~thuthe~~wai ldamcsdeumermamtsof i ts~popecStoCiiülsohit tbat ESA wouId have to cnae a new pmgrmrmt to mobilioe fun&

Revenue streams will have the advantage of leacüng to a reduction of public suùsidies and

Win hiritate the PPP.

Tbe Ewopean Commission considered three main sources of revenue streams.

The nrst one is relsted to the three lewls of services that û a k o would provide.

As discussed, Gaiiko will provide thme levels of smices and in accordance

with that, the European sateW navigation market can be W e d into two main

categorics c o m t i ' i the hc Ieveis of h. the professionai market?' and the anap

markee*.

A study of both category madcets shows a progressive growth for the future m the

number of users of sateme navigation. Meed niany applications are done h m satelIlte

navigation and positionhg systern and their nitmber di c o h u e to k m s e in t&e

funire.

It thefore efore n o d to think about charging the users for the services tky use to

fimuce the û a i h program. However, wt alI the usas will bt charged.

i n d d the h l 1 wouid be the savice getmdy avaiiabk, provided to the mas market.

itisobviousttiatnofhmcingcouldbeobtamcdhmIweiI usas.

The rerison is d e n t : since GPS end GLONASS sipais are bcmg O&& 6ee of cbarge

for a kw more Yeats, it wouM be a big mistake for Europe to chargc tk b e l 1 users.

These users would mdeed prefer to use a system k e of charge than to pay any charge for

ano ther system.

A charge couid be coasidered evennially for level 1 users, if îhe US and Russian

Federation do not renew the O& to provide services fke of charges at the deadline of

their offer and be* to charge their users. Nevertheles, this situation i. hyp0thetica.L

Level 2 and 3 would be CAS. Level 2 is the certihble serviceza9 that guarantees

availability. L m 1 3 is the seMce specik to safety of life and security related services.

Level2 and 3, contrary to Level 1, could be h a d n g sources for GaJiieo.

It is considered, at the present time, ttiat the users of level2 and 3 services would bene&

fiom the technid characteristics of k system, but m renim for

The controlIed access signal of Level2, as aiready mentiorred, mighî be either optional or

mandatory.

The Galileo Task Force on PPP addresses the bct that w h m the use of G a l h signal

would be rmudated, a "shadow ton mode~g'" could be deniopeci.

The public authorities would pay a sbadow toii to a private operator.

The sbadow ton would be based on the estimation of the system's usage.

The safety of life and security services of h l 3 are no- h e of charges d the

access to them, not nomaüy contcuiied.

"' Galileo TarA Potce on Pubiic Privmc P u m e d i p . Chaùmrn's Repart (Jimt 4,1999), BniPsels, at 7 [hereinaftcr PPPj*

The possibiiity to restrict and control the access to such a service and the fact that this

service wouid be charged have to be examid with intermîional organizatiod9* for

which saféty is a priority.

The " shadow toii" mechankm couid be applied also to level3 services.

A second option wouid be to impose a generai levy on signais re~eivers?~~

Levies are commody used al1 over Euraptau States for cerâah products."

The Galileo receivers would jom the iist of these products.

The difference with the fmt option and the bentfit of the second option is that aU users of

the services would be concerneci by the levies, the users of Level 1 services in~luded.~~'

The levy couid be based on the type of use2% expected or could be a flat rate imposeci on

every singie receiver.

ïhis levy rcquïres legislation and wouid bc iutroduced by EU rcguiatory de~isions?~~ It

wouid apply to any receiver sold in the Eü as weN as miporteci into tk Eü.

Such ICA0 and IMO.

Campanies such as Mrtro Manmi, Diimla €Xyk Aaospocc and Alcitel pmîiailrtly amnind this option.

The Elaopan C e - ( I I a t i m c i t a t h u ~ h a l t t h t n c w e i r s ~ ~ u i U y m E l i r o p c w a i l d b t cquippai with GNSS] a lcvy of20 FwJ] m razhm wuid lad to of 140-205 milüai [Em] 1 i 1 l 1 d y i n d c a i l d g o a - d a r b i e w r y t o ~ g t 6 t ~ e i p k p r o j s a ~ m i n d devclqnnait" See Eü CominreiicaruWr, sqwu naa 135, at 17.

The problem tbat would have to be &ceci is the readmess of public authorities to o r g e

collection and d i s t r i o n of these levies. This option wouid have to be implernented

with -e overhead-

The European Commission announceci a third possiiiiity in the foiiowing terms:

"The private sector could generate revenue b u g h wide-ranging applications,

tàcilitated by the integration of cornUnuniration and positioning, inchidmg dedicated

navigation-related commercial and high accuracy services and mtegration of saféty-

related and security-cntical pay~ads"298

The combination of ktegrated conmumicatons fimction with navigationai and

positionhg fimction would for sure generate revenue streams h m tbe mass market to

finance ~ a l i l e o . * ~ ~

The concept requires ody the integration of a communication payload on GaliIeo

satellites and applies to ME0 satellites as weii as to IGSO satellites.

The idea is that the European p r o p Galilto would bc "designed, denloped, deployed,

operated and manaamed . . as a r e d t of a P P P . ~

Pubtic and private sectors have to cooperate m Galileo's financing.

The need for public sector irdmentbn in Galibeo's bmcing as well as the d to

attract private sector's investments in such a program arc obvious.

The project Gaiileo wiii go through four di&ent phases: tk d a o n phase30', the

developrnent the deployment phase303 and 6naiiy the operaîional

The deMoon phase is planneci by the European Commission ro be hanceci priniarily by

public fimis of both EU and ESA.

The developnt phase wodd be fbanced maidy by public fimis, EU rnember States

loan guatantees and loans h m EIB, commercial banks or simiIar mstitittio * 305 m.

The third phase would be fmanced by loans or cash flows fiom public sector, commercial

hanics and capital market.

ïhe last phase wouid be financeci by the private sector?

One of the objectives and hopes of the European Commission is the partial substmition of

public sector îinancing for private sector k i n g by the operational phase.

The public sector underwntmg Galileo's k i n g for the first phases wouid be partiy

handed over to the private mot'^ hmcbg for the operational phase.

" n i i 5 p h a ç e i s t h e p h a x % w t i i c h t h e ~ i s d c v c l o p e d r n d v r l i d n t c d R i v o t t ~ k p u t h place and the Gaiilco inhauum Pmmaa, which wili k a Spcciil P q a c Vchiclc cœnpany (SPV) set up."Sa ibid, at I I .

KY~sphasecenkdcfiiidosthephrst%whi&thc~-~rnoairadandtbtsystmiismrinoiad and dcwIapedn Set ibid, at 12.

The public sector would mtcrvene m tûe financing of Galileo at the bcgimhg of the

program's set up to give a jump start to the program d to give coafidence to the private

sector to mvest. The private sector would band it over afte~wards.

Even if the public sector intervenes mire at the begianiug of Galileo's project and the

private sector at the end, both sectors wiii be mvohred m the development of G a k and

m its controL

Such a shared involvement will permit both sectors to reach an equbble repaitition of

risks307 and rewards.

Moreover, even if the public sector will intervene mostiy at the begnining of the projcct,

the participation of the pinte seetor m Galileo would not be I i m M to the operational

phase. A m o n of the private sector is a b strangiy encourageci m the dehition

phase as, for example, m the project design.

After the definition phase, both public and private resoiitces would be mixed in a

Program Mauagcmern Board which would deal with the ncxt pbase, th

development phase. Evcry public and private mvwtor would have a scat m the PMB

which woufd contract out Gaiileo deveiopment to a vehicle company.

Further work bas to be dow m a k w areas: an exacthg performance requirement

checklist wouki have to be drawn up, an identification and allocation of the risk defird

so the private sector could adyze the balance between the risk anci the reward, an

iden@cation of revenue s~reams descri'bed with the specific det ermination of the users

agreeîng to pay for CAS and the public sector commitnsent to regdale to secure these

revenues.

If the public sector r e h to put the revenue streams m phce, the set up of Galileo

would be run by a iraditionai mdel such public works cosascts, done by a Pro-

Developniwt Office created to ftlfiu this task and which would be replaced by the

vehicle company by the operational phase

Th European Commission foresaw, bwever, tbe potentiai nccd for hirtba sux.us3@ and,

to îàce this ncsd, considercd other financing vehicies.

It considered the participation of mternatiod partners3'* om*h would cwpaate m the

GaliIeo program. It wasidered, aiso, tbe participation of tbe European Union Member

States mdnrid*.

The pot& invohhment of the EIB"' thmugh bng-tenu bans was abo d o d by

the European CommiPciOn.

It is interesthg to ~ n t i o n that ElB ha. so $r not becn asked to conrriiute to the fimding

of the prei;m;nary project phase of Gaiüeo.

EIB participates at preseuf in Galileo as an adviser oniy but brings coasiderabie

experience iu Task Force PPP discussioas.

Dependmg on subsequent processes, EiB's participation could temam th& of an adviser,

but, as the Europeau Commission mentioned it, EIB wuld also be asked to frmd Galileo's

mhsmcme through bans.

It is certainly eariy days to bave a clear idea about the terms, the Ioan amounts as wen as

the security stnicnne. It is at the present tirne, minover, pure speculation. What can be

Stated f h ù y is that the EIB lePdiog wouid w t exceed tûe statutory umicmm of 50% of

eligible mvestmat ~ o s t ~ ' ~ and the mterwt rates applicabk wouid k m üne with EIB

funding cost in the market for the term required.

(iii) Reactiois of the airiines, future potentîal nsen of the system

The Galileo pmject gave rise to rcactions among tht potentiai fbme users and charges

P a F of s w m -

European civii aviation is oae of the potentïai users of tk Empean program.

As aIready mentioned, the civil aviation wouid be a usa of tk lcvel 3 savices which

muid wt bt offtrcd gratis to the uscrs.

It is intmsting to examine the nacàons of the Association of Europtaa Airlines as weU

as the ones of some European airiines about the Europem initiative m the &id of sateiiite

navigation and its k i n g .

A) THE ASSOCIARON OF EUROPEAN AIRWNES

AEA is compieîeiy opposed to GNSS-1 phase n d the EGNOS program tbr severai

reas~ns?'~ h even declared "EGNOS is a wrong mvestment since it wilt nat provide any

tangible opetatiod bmeftts"?"

The association stresses tbe îàct that the airlinCs wiii mt particiie in the k i n g of

the EGNûS hhtmtm and operation and that this project will have to be completeiy

b d e d by pubiic murces.

AEA is achdy afiaid that the European airiines wodd have to support the costs of

EGNOS, which would not provide them any benefits.

Concerning Galilea, AEA is skeptical

For what is termed the GNSS-2 phase, AEA is wt strongiy opposed to the Gaüieo

program but wuid aot giv;c a "blank chequt pto-GaliW"''S either.

3u Sec ibid Sa also "L'AEA cmàaumt EGNQS, A& t CaMiaiAviütMn mazh int- (Much 20. 1998). Nt. 1650, at 35.

AEA supports firrther work on Galileo.

The association wishes to see the European public resources fiind GaliIeo.

It voiced however the possiiiiity of giviug its support as an user to Galileo, under the

condition of the fulfillment by Galileo for users' requirements; namely, increased

reduced corn3", increased cap$" and reduced delays.

If Galileo m e t s these requirements, the AEA could consider giving its support to

weo.

The opinion of the Association of European Airlines reflects, of course, the opinions of

the European airlines which are members of the Association.

I t is, howwer, mteresting to xnention the reactions of some European airüues

iudividuauy.

The Gemm aîriine Lufthansa is &y to comiute as an end-user to the k i n g of

those semices supported by Galileo which it would use. The airime wouûi 6nauce

Galileo by the users charges but wiîi not mvest m the PPP.

Halfof Lufbma's fieet is curredy equipped with GPS receMr r "

'16 Wkty is the hi@ priority of my airlint. Etircipc faces wcii the s a f ~ y issue. Indcsd in Europe, thc &ai aecidait rate fk the period 19934991 is 0.06 pa milliaa ûights (in cornparkm with 0.5 pa mam aights in US and 25 pa million flight m China).

''' For the AEA, the m&ciency of the Eiaope~n ATM Systmi costs the airlina a hugc ammt of mmy (up to 2.5 billiai Ewos per ym). AEA thmLs llso thu enroute charga waild have to bc rsducsd GNSS amid have to meet thac objectives to sPtisfy the AEA

'la Funauility ofthe airimes is a mai problem m Europe (22.8 % of intra-Eiimpcm Qpuaacr had a I a s t a 15 utmines &Iay in 1998. AEA hopes GNSS d d heip m tbat matm.

This part was wriacn ai tbe buis of ~ - m a i ~ s exchanges with paple m charge ofb tapic m the ririines,

If Gaiûeo provides a signikady better senrice tban what GPS offers today, Lufthaasa

couid consider retrofhiq their equipment.

A better service for Luftbansa wouid meau tbat the airiiae could reduce its nad for

traditional navigation facilities?2'

Lufthansa anticipates improved -ce conceming Galileo's ground based augmwtation

services precision approach services d o m to category m operatious. This would reduce

ILS groinrd facilities and couid, perhaps, even lead to a decommissionhg of al ILS sita.

If Galiko fui.& al1 these cxpectations, Lufthaasa wuld consider the w of GaIilco as a

sole means of navigation, this term king understood as the combination of the sateiiite

navigation system with mertial refetence s y s t e m ~ ~ ~ (IRS).

The British airIrne British Airways is mt very enthusiastic about Galileo.

For this airline, Galiieo seems to be a very expensive project and British Airways wodd

WIe to see the eiaboration of a very stroag business case to back it up.

BA is afraid of a monopolistic overchatging which would mean that the aviation sector as

weii as the other criticai safkty sectors wodd have to bcar the fûl costs of ûalilco.

The Baish a i r k stresses the fact that if Galilco is ùuiit for sccurity nasoda and c m

not be justifieci economicaiiy by a strong business case, the govcnitnpnts of tht EU

memtier States would have to pay fbr it.

Austrian Airimes totaüy supports AEA's opinion

For this ai

the US G1

w Galüec

I f i t h a s l

charge faii

The airlini

canalsobi

The airlirrc

provide.

Concernin

SAS' viev

This solut

The Euro

with each

It stresscc

existing !

stmmms

iriine if Galileo does not briug the airlk aay fivther benefïts beyond those of

PS and if the a i r k is asked to pay for that senice, Austrian Airlines will not

unies some European regdations wouid force the airime to do sol"

to pay for Galileo senrices, Austrian Airlines hopes aii Galileo-users wiii be

:iy and in a baianceci way.

e will equip its fieet wÎth Gaiileo si@ receivers only if the same receivers

e used for other existing sateiüte systems GPS and GLONASS.~~'

: SAS docs not support EGNOS kame of a iack of bcncfits tht systcm wouid

g GaWeo, SAS does not thiak that airliaes should have to pay for it.

v is that the fiiirest system would be to hance Galileo by tax money.

ion would involve any user h m ships, raihuay trains to aircrafts.

peau Commission empht&d the d to have appropriate stmctum to deal

phase of Gaüb.

i aiso the need to separate m o r y and 9pctationai fumions and to usc îhe

structures &ead of creating new bodies which wodd duplicate existhg

Fœ acrmple. the Joint Aviatiai Auihoritics ( JM) amid mindam Cir l i l~~aaics ta rircrifts ngistaed m Europe.

Galileo is a developiag project. Caution is, therefote, essential

Any given detaii couid be mocüfïed m the iüture, depending on fimire circumstances.

The oniy ~HXI commitmwt the European Commission made is the need to provide an

appropriate structure for the nrst phase of Galileo, the definition phase.

The structures needed and used during the other phases haw, however, to be prepared as

won as possiile.

As previousiy mentioued, severai phases would evolve in the process of estabüshing

GaIiIm.

It is interesthg to examine which stnictures the European Union plans to set up to

interfàce with the Galileo program.

Briefiy, the o v d short-term GNSS CoordiPating Shucture comprises a Vehicle

Company, a GNSS Regdatory Co-coordiaator and a GNSS ~dministratioa~~~

It is, however, important to note that the strategic decisions would be taLen at the

European IeveL The European Commission wouki be supporied by tbe GNSS Higb Level

~ r o u ~ ? * ' Inciad, Gaiiieo is a compromise betwec~l inany actors and many The

It hm to bC mentiami that the proposrd shat-tam soiutim is p h d to cv01ve in i h g - t a m soimim. la the long-tam soiutim, the GNSS AdmLUsbitim wadd k amauai as m intugova~rmaitil orpmizatiai.. It wodd be apmed to participation to nm-EU Memba S p t s md inMllltid aginisiianr such as EU, ES& Eurocmm1 ... The Europan Canmissim pc~aits the Imwsrt IGO, EUMETSAT u well as a Elimpesn Community Ag- as paeatiai rnodcl smaum. GEISS tngh Lcnl gmip Ikrft F i repœt May 1999 at 90. the GNSS Rqp ia tq Coadiaator as weii as the Vchiclt Canpiay waild k still present ï'be form that wouid take the Vehicle C m p y wdd bt aie of tbe following possibiIitics: "P private campmy a d m opaasing a seIf-hancing hachise or CQlQSgm, a si* mmganan with a pwially a fiiliy suhpidized hachw œ caacusiaa, a PPP a soidy by the pubüc ssctors.- S a G N S S H i g h L e v c I ~ D r a j 3 F i n a i R e p w r , ~ n a e I76,a9I.

A stnietui

offered by

The first (i

pooling P'

as the Et

providers,

Every mv

A Techni~

Technical

The Boa

through t

The Vehi

Once the

itional structure secm to be the best structure to deal with strategk decisions

thsonianyissues.

%tory and implementation ph-: tbe Vchicie Company

.e bas to be created to control the wsts as weîi as to manage common murces

contniutor~~~~ to Gdm.

itnictu~~ which would k set up wauld bc a Program Management Board (PMB)

ublic and privaîe hamial resources and, therefore, composeci of investors such

nopeau Commission, ES& the national spaœ centd3', industries, and ATS

estor would have a seat m the PMB.~~ '

ai Task Force wodd assist îhe PMB fbr questions relateci to techniques.

L experts wouid compose tbis ta& force?'

d wouid bave the UJ; to set up a aew structm caiied the ~ehicie ~ o a q m t $ ~ ~

he mechaniSm of public teder.

cle Company wouki be esîaùljshed through a public-private pertnershq? (PPP).

vehicle Company wiü be set up, tk technid task brce wiii disap~ear?~

329 Sudl as EU, ESA.

The task of this compaay would be the execution of the Galileo program. The execution

would be done m corform%nce with a contract which would determine the design, the

way to buiid and to operate ûaiiieo. This contract would also deal with delicate and

important questions such as public subsidies and revenue streams.

If the esthateci costs were ovemin, the Vehicle Company would be responsiile for the

supplementary CO-.

The execution of the Galileo program inchdes m9ay tasks such as service

ma~~agmmnt~~~, &ty rnaaagem~nt~~~, rnatk~tmg~~', transition plaurihg and

implementation of fllture GNSS developments, liability aud iasurance d 3 8 7

definition of the most efficient PPP scheme, Research and ~ e v e l o ~ n w i t t ~ ~ ~ , user

liaison340, traaLing of technical and sdmin;smitive staff, raising of hance, cost

recovefl', procurement of equipment and services, application of standards,

3W lf the crdm of the vchiclc ccrmpany happais lata than fimsœn, the rask facc could bendit fimi an hcrcasc of it. stam and becme a Programme Dmlopmmt ûüiœ which M d deai with questions planning and devdapmait of both spaa and grmd in- would have to tPke into accamt the wrs nquiranaits and W d have to d d with the mtcgratim of EGNOS m Gdiiso ptogr~mmc The OfFice will disappear mcc the Vchicle Cmpany is set up.

ns TO mu01 thai the opaatim of the sbsjsans is d a a i t and provide rn overail lm1 of service.

To pramote the use of saellie navigatim and to anaiym GNSS markets.

If includes dCnnitim and accept~ce of tiabüity by the Company aad metidan of tiabiliry by insuma mechPnisms. The passing of i i a b i i to shyi&ms opastas tbmugh amarcts wauid a h k

At shat tam the c u n m chùn schane wouid be used.

interoperability with other systems, systern smrity, auci extemal relations with 0 t h

srjtems ~ p e r a t o r s . ~ ~

(iï) Opemtion phase: the GNSS Adminirtrntion

Two tasks have to be distmguished: the xmnageumt of GaMeo and its operation,

Concerning Galileo's management, a small GaliEeo Adminiçtration srmcture established

by a Europcan Couacil decision muid bc set up. It shauld bc based on an evahrtion of

the High Lewl Group supported by the E m p e s a Commission.

This permanent adnmstm . * tion would be the loghi succesor of the PMB and would

work with the Vehicie Company.

Its tasks are not yet preciseiy d e h d , but it woutd cert&y iuclude the developinent and

the application of GNSS poiicy. It wodd pmbabiy idde liaison with organizations

dealnig with GNSS"~, transition planning, enforcement of p e r f o m standards,

ecoaomic reguhtions, deal with any ciaim GNSS-related, encryption for the CAS,

estabMment of an "intemational iritegrity monitoring aetwork-, liaison with

augmentation services providers, r e s p o a s r i fbr peacetime c o o m n with security

0 t g ~ t i 0 ~ ~ ad interkence probiems, as weli as respect hr n u c b niissiles nked

ag='=-

a fhe operation task of Galiko wauld be done by the Vehicle Company which would deal

with economic aspects of ûaiiieo and take mto account the developments of new

techniques to intcgrate t h m the program to satisfj. more adequateiy the users

reqUnements.

(iii) Reguiato y issues: the GNSS Reguiato y Co-coordinator

Tht question ariscs as to whctha if t h is auy d to crcate a Europcan GNSS

Regulaîory Co-coordinator which wouid be composai of national experts of Member

States and observers fiom other ea t i t i e~ .~~~

This Co-coordinator would ensure that Galileo &ces are provided m respect to legal

performance reqUnements, such as safety for example, aucl it would, thenfore, develop

mandatory standards. These standards wouid be integnrtcd in reguiations ùy the

organizetion~' concerd afterwards.

The Co-coordinator wouid have also the task to monitor the application of the standards

by the Vehicle ~ompany.~'

nie development and the definition of the tasks of these stnrctures are compkx but the

need to have some organizationai sûuctms deahg with the GNSS and aü relateci issues

is eviderit.

3. Certification

The certification issue was addressed by the Workiug Group 1 which identified the need

for certification of ~alileo."~

This issue concerns the iùture regdatory stnrcture as weii as the friture operational

structure. Indeed, the future regdatory stnicture wiii take care of the cenikation ad the

future operational saucture wil be subject to cdhtba

Even if details cannot be given yet, the dEcutties c m be pointed out and g e d

féatures can be given.

The difücuities identifieci by the WG are that Gaiüeo, king one smgle system, comprises

of many elements and is used m many sectors.

Moreover, some of the sectors which wouM use the sateIlite navigation system M e 0

aiready have a certification system m place, mch as aviation sector, which bas an

eiaborate system of cedf~ation~~~

The certification qsem which wodd be developd br ûaiii~alileo will thus have to take irtto

acwunt the s c v d elcmrrts to ccrtify, tk applications dom and the e-

certificationsystcll~s.

Conceming the elements to catifL, the WG d e a ciear distinction between the space

segment and the othcr componems of çialileo-

indeed, the space segment is th only eiement of Galileo whkh can be pointed out as a

common elexnent amss all appiicatio~~ of tk system.

Because of the uniqueness of this common elernent to aü applications, the WGl

suggested the 'Total System Per Sector" appmach to address the certification issue.

However, the common cbaracter of the space segment cantabt be igwred It was,

therefbre, agreed that a "conrmon template" wodd aiso be helpftL

The WG concluded tbat tbe certification issue would be addressed in a convention.

The question rose as whether to develop a sector-speci6c convention or a tram-modal

convention.

The WG conchrdtd by stating its prcfirtnet h r scparatc sector-spccific convmtioris

dealing with certification aud by no@ the fhct that an European solution codd be used

as a mode1 for an dtimate global solution,

4. Liability

The W ü i î y issw was, and stdi is, ursder the exammation of the Europcan

~ o ~ o n . ~ ~ '

The WGI was entnisted to deal with requirements relased to GNSS actiMtKS mesary to

address m a Iiabiiity regime.

it ide- s d issues to deal with in th creation of a legal h m m r k ; such as, the

types of hbiky to choodn, the character of w, tht exceptions to liability'",

''' The Worlring Gmup rn GNSS kgni and InstiadimnI issues (WGI) of the Kigh Lcvel Group is m charge o f t h topic.

" Strict a fault l iabi i i Would the pinr and savaol Wiiity k t a k ~ into accumt? The WG waild in fawrofastriuliibüityrrgimeupmaInnitrndnaltliibîlityabava

the definition of 4'damge'3ss, c~m~easa t ion~~~ and the creation of an mternatiod

warramy fund as weii as the procedurai aspects357.

The Working Gro* stressed the fhct that the aviation sector lm a weii-dwefoped

mternationai liability system compared to other secton, such as the mantmie sector.""

It was, maCfom, decided, with othe~ sectors' app~val,3* to fobw the initiatives takm

in the aviation sector.

The liabîlity regmie which wili apply to GaMeo will be consequedy the internationai

n g k creatcd for GNSS by ICAO.

As previously mentioned, ICA0 is working on a long-term legal fhmewotk which would

take the h m of an international Convention.

However, tbe WGI stressed the need to have a trans-modal liability Convention and not a

Convention deaîing with the aviation sector ~niy.~~'

The development will take somt tk, and, untiI the creation of that Convention, k e is

a gep to flllfill concemiag liability. Europe made the decision to use, as intennediary

step, the "wmractual chainn mkmism to address auy iuterim hbikty p r o b h

Such as thejraisdictiolls. It can k mtnatsd to have a look at the Wnrsaw System m Ait Low (with the mant rnodificatr-au daic diaiag the IntamtiaaPl Confaaœ m Air law at Moatmi, 10 ta 28 May 1999)-

126

Chapter V. The Charter on the Rights and Obligations of

States relating to GNSS services

As already mentioned several timcs, a draft Charter was presented by the Pane1 m 1998 at

the Rio Conference.

The Assembly adopted this dzaft at its 32" session d e r the name "Charter on the Rightts

and Obligations of States Reiaîing to GNSS ~ e r v i c e s - ~ '

The Charter declares the application of nhe priuciples to the implementation and

operation of GNSS.

Further to the priiaciples preriously e ~ a m m e d ~ ~ ' , the Charter emphasizes that the d e t y

of international civil aviation will be the paramount principle m the provision and use of

GNSS (principle l)." The Charter aiso stresses the essential need for cosperation

between States to secure uniformity in the provision ami operation of GNSS services as

well as the need of wsperation and mutuai assistance to îidiîate tùe global pl-

ancl the implemmation of ONSS @ahcipie 5&nm, the regard fbrothcr Sîatcs' iutcrcsts

ML Sk Chmtet, supra note 8.

MZ Such as u n i d BQrrniity withatt disaimmatia~ @rMciple 2); sovaci@ty of Srucs @riaciple 3); cmtinuity, availnbility, integrity, acaincy and reüabühy oftùe savices (principie 4); chugcs (priuciple 6).

" C ~ a a ~ n d r n u n i s l ~ œ ~ ~ i n d a i ~ t o r h i ~ t h a b s n ~ w i b i a m spndbg tao much financiai - and to avoid Qpticatim of affats and muaril mmkmca Rio Confirana WWllMP-WPIIO, at 2.1.

in the conduct by a State of its GNSS activities @rincipie 8) and the possibility for

States to provide joint& GNSS services (principle 9).

The term "Charter" chosen for this Resolution is actualiy an unfortunate delusioa

Indeed, the tenn "Chie" reférs to the Magna Cana, the most miportant instniment m our

iegai s y s t e ~ ? ~ ~ and purports to impart by itself a mong sense.

n e Charter on the Rights and Obligations of States Reiating to GNSS Services is

amially a Resaiution of the ICA0 Assembly or@ and bas tbc samc brcc, but no mate, as

any Resolution adopted by the Assembiy.

The choice of the word 'Thart& for a simple Remhition nmoves cumplete c r e d i i .

Indeed ihe choice of the term "Charter" would Lead to thmk that îhe content of the

resolution is of overriding kgal importance.

in fact, the principles estabiished in the "Charter" arc completely dcrivatiw.

The "Charter" seems to r e f k the opinions of the States at the Rio Conheme and to be

the resub of a compromise between two groups of States present at the Contéftnce; the

iim one bping to chborate a eew legai firanrtwork m tk thrm of a Convention cuiing

GNSS and the second opposed to such a Convention and supporthg the exking

~ u u c t u r e . ~

The States opposed to a new legai bmwork stress that a i e 28 of the ChBcago

Convention, &og with the SARPs, fitrnisbes a responsive kgal d o r k to GNSS.

States opg

The "Cha:

Conventio

The "Chai

of a Convi

However,

Ami

A Convex

Iegal inûa

which wo

The Rio (

Theseinii

ICAO, hc

-

Except ir

thm m th

The a d

e Charter is a document containhg some ruies which satisfy the group of States

f a Convention and, at the same time, is oniy a Resolution which satisfies the

med to the eiaboration of a reai international Convention.

rter" estabIishes the basis of a legal hmework but does not go as far as a

In.

mer" is, however, a kst step ad, pexhaps the necessary step, to the elaboration

wtion which would nile GNSS.

r d o n c d , the ciaboration of a Cowentidn is essential to deal with GNSS.

as to deal with the new types of relationships necessitatcd by new technology.

the creation of such an important Convention does not have to be done m a

de tirne for profound cetledon is cnticaL

ition is needed, but a few years at the very least would be necessary for a solid

stnicture.

mtioued earlier, some authors are m h r of the elaboration of a Convention,

uid deaI with the liabiiity of GNSS.

:o&mce stresscd the need of a Iegal b w o r k dealing with CNSIATU

:iatiws are certady laudabk.

wever, semis to conce. or at least owrlook tk mukimdal aspect of satellite

n.

1 the matter of k i n g , ICA0 did mit ficus on the existence of users o k

te aviation scctor.

;ion organkation, howtver, has its own agenda witû its own vestcd interests.

Would it not be more efficient to think about a Convention deaiing with sateUite

navigation and conceming aii users of GNSS?

Aviation is only one of the numerou users of the satellite navigation. It might be,

therefore, more efficient to develop a globai kgal fhmzwork, accessiile aii users. The

European Commission stressed the muitmiodal dimension m the estabiisbmut of Galileu

and is a good example to folow.

The Convention would deal with delicate probiems such as liabiiity, certification,

hancing anâ cost-recovery ami would address the concerns of an users.

The Convention to be adopted would have to be created by the States, meeting m a

fonnn.

ICAO couid serve as this forum because it bas dealt already with that issue through its

legal panels. ICAO, however, seem aviation-biased and does not consider ~~ the muitanodal aspect of GNSS.

A n o k organization could eventualy ded with thai task pahaps more efiientiy than

ICAO. It muid bc INMARSAT,

Tbe ncw structure of INMARSAT-' Pmce 1 April 1999, xnahtah an

intergovemnuntal stnichire.=

xt The IGO wül amthut to opntc thmugh m ~ssembfyofPmies and r andi Scerran'aî, and wül manitor and cafixœ, as necus8ry. the fiVe h i c ptmciples rnd public savice obligibgiba& nmiefy: - Caatmusd provision of -ces fk the G M Maritime Disms rnd sfiry Systan (GMDSS) nt

~ p b y N O ; - NaidiSaimiiayrceasto~a~1*as; - SanœtorlIgeognphialrraswfiatthaeisinerdmchidmgrmrlrndmateraas;

a This structure could play the role of a forum which would deal with the development of

the new

Some codd object that ody 84 cou11tties are Member States of the organizallon-

84 Member States, however, is a soiid beginning and it is sureiy easier to begh with 84

States than to mate a new entity.

Moreover, a s the developer of the Convention dealing with GNSS in a muitimodal

perspective, INMARSAT could be the organization m charge of the GNSS for the

fiinire?'O

It could organize meeting once or twice a year, bringing together the States and

orgaimations such as ICA0 and the International Manume 0rgaaization3" to dircuss

GNSS and to deal possï'bk probiems.

ïhe . .

" e tasks would be carried out by the Secretariat.

- PeaccfilIpiaposes; - Fairmpetitim"

D. Sagar, "Inmarsat gaa privateW. ECSL Nena, Nr.18-19, Fekuary 1999, at 3 Sec also D. Sagar, "Inmarsat and GNSS", unpubüsùai.

no The High Lm1 Gmup aiggcstcd a Iong-tan solution: the argonitatiad smcmes aeoted tOr Cklüeo d d bc modifiai m long-tem sucturrs. As alrady mcntiond the GNSS A d m m i a n watld be savcaaed as an IGO. ûne of the poccntiai modcl smictraes suggatsd is the I n m m 1 0 . S c c G N S T f i g h L e v d g r o v p ~ F i m i R e p o i t , ~ n a c I76,8t90.

Conclusion

'RK evolution of technology permitted the creation of a tugh sophisticated satellite

navigation system.

Thtee main actors are currentiy phying a nile m satellite navigation: the United States

with GPS, the Russian Federation with GLONASS ad, recernly, Europe wiîh its

developing project Galileo.

Better accuracy, nliabiiity, integrity a d availability due to this system of sa!eUite

navigation are the advanîqes for the users.

The providers &O baw nsr~y advantagcs h m these senrices.

GNSS combines inîerests of aii pardes.

The G b baI Navigation Satellite System, ho-, raises many kgal issues.

Some of these issues were aiready addressed hr traditional navigation aids but the

specificity of u@ satenites to navigaîe m p k the search of new sohrtions speeific to

the GNSS or at least the adaptation of tbe exidng sohitions.

Nothing plevcnts adopting soiutions arisbg h m the exkting systems and midaymg

them to meet the particularities of s a t e k nmigatbn.

Tht ideal solution wouid bt ttit cleboratiion of a Convdon whkh wodd ded with Iegal

issues~fthesatcllite~vigation.

S o m people are in hvor of a Convention which wodd deal with iiability O*, other talk

about a certification Convention.

It could be usehi to think about a convention which would deal with aii legal issues

relateci to GNSS.

Such issues as iiabiiity and certification have to be addressed. An uniform regime has to

be developed for the bene& of the users as welI as for the providers.

Mounting this Convention is, of course, challenging but the kreasiug number of

applications done with satellite navigation deniai~stroues the importance of the topic.

In designing the agenda of the Convention, the muitimodai aspect of GNSS has to be kept

uimind

Europe is aware of the importance to ded with aU types of users with its satellite

navigation system Galileo and is attemptiug not to deal with one smgle type of user, as

does ICAO.

Coopcration betwcen the sectors is esscnual to obtain a cohmnt systrm

An mcoherent systern wouid be more dysfhctional than no systern at aU

if the decision to mate a Iegal f k m m r k deaiing with lcgal issues of GNSS is

acnialized, this wouid be an important achievement.

A friture idtution dealing with GNSS also wouki be a good PiitiasivePiitiasive

GNSS is a new aiad developing systm. AU probiems cannot bc mhd at once.

Time is needed to build a solid fouhion.

Bi bliography

Agreement Goveming theAcfiVities of States on the Moon ami Other Celestial Bodies. Adopted by the United Natioas General Assembly December 5, 1979, Opeimed for Signature December 18, 1979, Entered into Force July 11, 1984. U.N.G.A. Res. 34/68 (1979).

Agreement on the Rescue of Asnonauts, the R e m of Objects faunched intoOuter Space, 22 April1968,672 U.N.T.S. 119,19 U.S.T. 7570, T.I.A.S. No 6599,7 I.L.M. 151.

Convention for the Unifzcation of Certain Rules Reluting to Intemationul Cmuge by Air, 12 October 1929, 137 L.N.T.S. 1 1,49 Stat.3000, TS No. 876, ICAO Doc 7838.

Convention on International Civil Aviation, 7 December 1944, 15 U.N.T.S. 295, ICAO Doc 730016.

Convention on the International Liubiliry for Drnnoge Caused by Spce Objecrs, 29 March 1972,961 UN.T.S. 187,24 U.S.T. 2389, T1.A.S. No.7762.

2. OFFICIAL DOCUMENTS

(i) European Docurntuts

Agreement benwen the EC, ES4 ond Euroconho2 on a E m p a n Contrîbuiion to the Development of a Globul Nmgation &teIlite System (GNSS)), OJ L194,10/07/1998,p.0016-0024 and Amemhm, OJ L194,10/07/1998,p.15.

Communication of the European Commission, Galileo), involving Europe in a New Generation of S4teIIite Nmgation SeMces (10 F e b m y 1999), BnisscIs, COMI99/54/h.

Communicm*on of the Ewopan Commtksion a T m & a Trans-European Positioning rmd Nmgation Network-including a Eutopean strategvjàr Gloïiai Sorellite Nmgatzon Systems (GIVSS) w.COM(98) 29 hi of 2 1 Janumy 1998.

Council Resolution of 19 December 1994 on the European contribution to the development of a Global Navigation Satellite System, OJ NO.C379,3 1/12/1994,p.0002- 0003.

Council Resolution on the involvement of Europe in a new generaiion of satellite navigation services - Galileo - Definition Phase (July 19, 1999), OJ C22 111 ( August 3, 1999).

Galileo Task Force on Public Private Pamiership, Chairnian's Report (June 4, 1999), BrusselS.

GNSS High Level Group, Ad-Hoc working Group on the Set-Up of an organiiational fiameworkfor GNSS. Droft Final Report May 1999.

(ii) ICAO documents

Air Navigation Services Economics P d , Report on financial and relored organïzational and managerial aspects of GNSS (May 1996), ICAO Doc 9660.

Charter on the Rights and Obligations of States Relating to G N S Services, 1998, ICAO Resohrtion A32-19.

Guidelines for the Introduction and Operational Use of the Global Nmgananon Scitellite System (GhS), 1996, Ciular 267-AN/lS9.

ICAO, Report of the Meeting of the Working Gr- on GNSS Frurnenwrk Provisions, LTEP/l (Montre. 25-30 November 1996).

ICAO, Report of the Meeting of the Working Groq on GNSS Frameuwrk Provisions, LIEPL2 (Montreal, 6-1 O October 1997).

ICAO, Report of the Meeting of the Working Group on GNSS Frummrk Provisions, LTEPf3 (Monmai, 9-13 Febniary 1998).

ICAO, Special Comminee on Future Air Nmgation Sysrems, Fourth Meeting, ICA0 Doc.9524 (1988).

ICAO, S'cial Cornmittee for the Monitoring and Co-ordination of Development and Transition Planning for the Future Air m g a n o n S'stem (FANS Phase ql, Fourth Meeting, ICAO Doc. %23 (1993).

ICA0 GNSSPi3,'The ûaiileo Progranme and its Impact on Long-Tenu GNSS", ICAO, MO^ (12-23 Apd 1999) WP165.

ICA0 Council Statement of ICQO Policy on CNSIATM Systems Implementation and Operation, (March 9, 1994) ICAO Doc. LC129-WPl3-2.

International Stantbdr ami Recommended Practices -Air b@c Services. Annex I I to the Convention on International Civil Aviation, Tenth Edition - July 1994.

Manual on Air Nmigaron Services Economics (1997), Third Edition, ICAO Doc 9 16 1B.

S~orement by the Corncil to Conbacting States on charges for Airports and Air Nmgation SeMces ( 1 997) Fi& Edition, ICAO Doc 9082f5.

World-wide C W A TM S'stems Implementation Confitence, Rio de Janeiro, 11-15 May 1998. Available at www.icao.org

(iii) UN Documents

Draft Report of the Third United Nations Conference on the Exploration and PeacefLI Uses of m e r Space ,A/CONF.184/3, Distr. Generai 16 April1999, at 32.

Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space, 27 May 1998.

(iv) US Document

Federal Radiomgrrtion Plan (1996)pepartment of Defense a d of Transportation.

B. BOOKS AND THESIS :

Addison, H., GNSS Legai Frmeuwrk (UM. thesis, Montreal M c G U University, 1997).

Ghonaim, M., The Legal und lnrtlnrtlhrtrhrtronaal Aspects of Communicrrtrion, Nmgahoon, SurveifIance and ATM S'stems for Civil Aviation @.CL. TbCSiS, m d : McGiU University, 11995).

Guldmiann, W., & Ksiser, S., Future Air Nmgation Systems: Le@ and lir3ituntunonal Aspects( Marhus Nijhoff, 1993).

a Henaku$.D.K,The Lcnv un Global Air Navigation by Satellite. A Legal Analysis of the I C A 0 C W A TM System (AST.1998).

Kantasuk, B., General Legd Issws Concerning GNSS (U.M Thesis, MonîreaI : McGa University, 1998).

LagarrigueJ., ATC LiabiZity and the Perspectives of the Global GNSS (LL.M. ïhesk Mon& : McGi University, 1995).

Nicoiaïdes,D.P., Gh!SS Legd ond Instihûionol Issues, &LM. Thesis. Montreal : McGiii Uuiversity,l997).

Schwenk, W.,& Schwenk, R, Aspects of Intem~tionui Co-operation in Air Tr@c Mmgement (Marhus NijhoE 1998).

C. ARTICLES

Abeyrame, R, « State Responsabiiity in classical jirnspnidence: Rehtions on the Global Navigation Satellite System ~(1998) XMIl A ~ L Air & Sp. L. 1.

Bartkowski, M., « Respoasability for Air Navigation (ATM) in Europe » (1996) XXId Ann. Air Bi Sp. L. 45.

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