Safeguards
Article 55
This Regulation shall not prevent the application of measures by a Member State to the extent that these are needed to safeguard essential security or defence policy interests. Such measures are in particular those which are imperative: (a) for the surveillance of airspace that is under its responsibility in accordance with ICAO Regional Air Navigation agreements, including the capability to detect, identify and evaluate all aircraft using such airspace, with a view to seeking to safeguard safety of flights and to take action to ensure security and defence needs; (b) in the event of serious internal disturbances affecting the maintenance of law and order; (c) in the event of war or serious international tension constituting a threat of war; (d) for the fulfilment of a Member State’s international obligations in relation to the maintenance of peace and international security; (e) in order to conduct military operations and training, including the necessary possibilities for exercises.