Violations of national airspace and Infringements of Air Traffic Regulations (ICAO)
A violation of national airspace takes place when a foreign aircraft enters without permission (diplomatic clearance) into national airspace.
An infringement of air traffic regulations takes place whenever an aircraft disregards the internationally established flight rules within a Flight Information Region (FIR). Therefore, whenever an aircraft enters ATHINAI FIR without prior submission of a flight plan it infringes the air traffic regulations established by the competent Hellenic Air Traffic Services (ATS) authorities according to the relevant ICAO provisions and recommendations, as well as the international practice. The air traffic regulations aim at ensuring the safety of aviation within ATHINAI FIR.
Turkey, which for decades respected and complied with the air traffic regulations within ATHINAI FIR, ceased doing so since 1974 in the framework of an effort to promote a platform of political claims devoid of any legal basis against Greece, aiming at altering the status quo in the Aegean which has been firmly set out in the relevant international treaties and agreements and the rules of international law.
Hence, Turkey disregards the need for state aircraft to respect the ICAO rules and principles established for ensuring the safety of air navigation, which is the basic aim of ICAO, arguing that the 1944 Chicago Convention does not apply to state aircraft and deliberately ignoring the ICAO air traffic safety provisions and guidelines.
The co-ordination of air traffic, concerning both civil and military aircraft in international airspace, is absolutely necessary for the safety of air navigation and consists in the exchange of all the flight information within an FIR. In this respect the submission of a flight plan is the basic rule of ICAO and accomplishes the “due regard” that state aircraft are obliged to have for the safety of civilian air traffic according to article 3 (d) of the Chicago Convention.