Aviation Act 2006

Aviation Act 2006 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2006 Aviation Act 2006 Aviation Act 2006 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 7 of 2006 AVIATION ACT 2006 ARRANGEMENT OF SECTIONS Section 1. Definition.

SCHEDULE 1 SCHEDULE 2 Acts Referred to Aer Lingus Act 2004 2004, No. 10 Air Companies (Amendment) Act 1993 1993, No. 38 Aviation Regulation Act 2001 2001, No. 1 Data Protection Act 1988 1988, No. 25 Irish Aviation Authority Act 1993 1993, No. 29 Number 7 of 2006 AVIATION ACT 2006 AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION SIGNED AT BRUSSELS ON 13 DECEMBER 1960, AS CONSOLIDATED BY THE PROTOCOL SIGNED AT BRUSSELS ON 27 JUNE 1997 AND FOR THAT PURPOSE TO AMEND THE IRISH AVIATION AUTHORITY ACT 1993, TO AMEND THE AVIATION REGULATION ACT 2001, TO AMEND THE AER LINGUS ACT 2004 AND TO PROVIDE FOR RELATED MATTERS. [4th April, 2006] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definition.

1.— In this Act “ the Act of 1993 ” means the Irish Aviation Authority Act 1993 .

Miscellaneous amendments of Act of 1993.

2.— The Act of 1993 is amended— (a) in section 2(1)— (i) by substituting for the definition of “contracting state” the following: “ ‘ contracting state ’ means a state, including the State, which is a party to Annex IV of the Eurocontrol Convention;”, (ii) by substituting for the definition of “Eurocontrol” the following: “ ‘ Eurocontrol ’ means the European Organisation for the Safety of Air Navigation (Eurocontrol) established by the Eurocontrol Convention and references to Eurocontrol include references to the General Assembly and the Council comprised in Eurocontrol and to the Agency;”, (iii) by substituting for the definition of “the Eurocontrol Convention” the following: “ ‘ Eurocontrol Convention’ means the International Convention relating to Co-operation for the Safety of Air Navigation signed at Brussels on 13 December 1960, as amended by the Additional Protocol signed at Brussels on 6 July 1970, the Protocol signed at Brussels on 21 November 1978 and the Protocol signed at Brussels on 12 February 1981, as consolidated by the Protocol signed at Brussels on 27 June 1997, (the consolidated text of which is set out for convenience of reference in the English language in Schedule 1 to the Aviation Act 2006), the Final Act and Protocol on the accession of the European Community to the Eurocontrol Convention signed at Brussels on 8 October 2002 (the text of which is set out for convenience of reference in the English language in Schedule 2 to the Aviation Act 2006), and by any other protocol or other instrument which may be signed after the passing of the Aviation Act 2006;”, (iv) by substituting for the definition of “the Minister” the following: “ ‘ The Minister ’ means the Minister for Transport;”, (v) by deleting the definition of “the Multilateral Agreement”, and (vi) by deleting the definition of “Statute of the Agency”, (b) in section 14(1)(j), by substituting for subparagraph (i) the following: “(i) the Eurocontrol Convention,”, and (c) in section 74— (i) in subsection (3)(b)(i), by substituting “€5,000” for “£1,000” and “6 months” for “12 months”, (ii) in subsection (3)(b)(ii), by substituting “€500,000” for “£100,000”, (iii) in subsection (4), by substituting “€5,000” for “£1,000”, and (iv) by substituting for subsection (5), the following: “(5) A person who obstructs or impedes an authorised officer, an authorised officer of the company, a member of the staff of the company or an officer of Eurocontrol in the performance of any function conferred on him or her by or under this Act or fails to furnish to such a member information to which he or she is entitled under section 57B or an order under section 65 is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.”.

Amendment of Part III (Eurocontrol Convention) of Act of 1993.

3.— (1) Part III of the Act of 1993 is amended— (a) in section 46, by deleting “and the Statute of the Agency annexed thereto”, (b) in section 47, by deleting “and the Statute of the Agency annexed thereto”, (c) by substituting for section 57 the following: “Parties to Eurocontrol Convention.

57.— (1) The Minister, after consultation with the Minister for Foreign Affairs, may by order declare that any state specified in the order is a party to the Eurocontrol Convention.

Regulations.

57A.— The Minister may make regulations to— (a) give effect to a common European air traffic flow management system established by Eurocontrol under Articles 2(1)(e), 7(2)(d) and 19 of the Eurocontrol Convention, and (b) ensure compliance with that system.

Random checks and inspections.

57B.— (1) For the purposes of ensuring compliance with this Part and the Eurocontrol Convention an authorised person may— (a) enter any premises of an aircraft operator for the purpose of carrying out random checks and inspections, (b) require the owner or any person employed at the premises or any person in charge of the premises to give to him or her such information in the person’s power or control that the authorised person may reasonably require and to produce to him or her any records (in whatever form kept) or books or documents found by or produced to the authorised person, (c) at such premises, inspect and take copies of, or extracts from any books, records or other documents (including in the case of information in non-legible form a copy of or extract from such information in permanent legible form), (d) inspect and copy or extract information from any data (within the meaning of the Data Protection Act 1988 ) found or produced to the authorised person, (e) require any person by or on whose behalf data equipment is or has been used on the premises in relation to the business of the aircraft operator concerned or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised person all reasonable assistance in relation to its use, (f) secure for later inspection the premises or any records, books, documents or products found in the premises.

Evidence in proceedings.

57C.— For the purposes of this Act, a document purporting to be published by Eurocontrol shall be admissible in any proceedings, without further proof, as evidence of the matters mentioned in the said document, unless the contrary is shown.”.

Amendment of Aer Lingus Act 2004.

4.— The Aer Lingus Act 2004 is amended by inserting, after section 7, the following new section: “Confirmation of certain matters.

7A.— (1) Notwithstanding section 13(2) and the Aer Lingus Act 2004 (Commencement of Certain Provisions) Order 2005— (a) section 2 (in so far as it relates to section 5(2) of the Air Companies (Amendment) Act 1993 ), and (b) section 7, are deemed to have come into operation on 19 August 2004.

Amendment of Aviation Regulation Act 2001.

5.— (1) The Aviation Regulation Act 2001 is amended— (a) in section 2(1), by inserting after the definition of “organiser” the following: “ ‘Regulation (EC) No. 261/2004’ means Council Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 1 , establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights;”, (b) in section 8, by inserting after subsection (3) the following: “(4) The Commission is designated for the purposes of Article 16 of Regulation (EC) No. 261/2004.”, (c) in section 13, by inserting “, except in accordance with section 40(8B),” after “functions of the Commission”, (d) in section 40— (i) in subsection (5), by substituting “3 months” for “2 months”, and (ii) in subsection (8), by substituting “2 months” for “one month”, and (iii) by inserting after subsection (8) the following: “(8A) Where a referral is made under subsection (5), whether before or after the passing of the Aviation Act 2006, and there is no person holding office as a commissioner, then a decision under subsection (8) may only be made (other than a decision made before the passing of that Act) within the period referred to in that subsection— (a) where a commissioner is appointed within the period of 6 months of the referral, by the commissioner from the time he or she is appointed, (b) where a commissioner is not appointed within the period referred to in paragraph (a), from the end of that period by the deputy commissioner, unless a commissioner is appointed, or (c) where a commissioner is appointed within the period referred to in paragraph (a) but due to his or her incapacity to act as a commissioner or ceasing to be a commissioner before making the decision within the period of 2 months referred to in subsection (8)— (i) within that period of 2 months, by the deputy commissioner, or (ii) if another commissioner has been appointed within the period referred to in subsection (8), by the other commissioner within that period. (8B) A decision under subsection (8) shall only be made by a commissioner, other than in the circumstances mentioned in subsection (8A)(b) or (c)(i) where no commissioner has been appointed.”, and (e) in section 41(1), by substituting for paragraph (e) the following: “(e) in any case where the Commission considers that the immediate giving of the notice is required, by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person ordinarily resides or carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender’s—

(i) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or (ii) facsimile machine generates a message confirming successful transmission of the total number of pages of the notice.”, (f) by inserting after section 45 the following: “Directions— Regulation (EC) No. 261/2004.

45A.— (1) Where the Commission either on its own initiative or following a complaint by a passenger is of the opinion that an operating air carrier is failing to comply with or is infringing Regulation (EC) No. 261/2004, it may issue a direction to the carrier to comply with the Regulation or cease the infringement and to comply with any instructions contained in the direction. The carrier may, within 14 days of the issue of the direction, make representations to the Commission, which the Commission shall consider. The Commission shall, where it has received such representations, reply in writing to the carrier within 2 months of such receipt. The Commission in its reply may confirm, vary or withdraw the direction. Where the direction is confirmed (with or without variation) the direction takes effect on the date the reply is given.

Repeal.

6.— Paragraphs (a), (b) and (c) of section 67 of the Act of 1993 are repealed.

Short title.

7.— This Act may be cited as the Aviation Act 2006 .

SCHEDULE 1

Section 2

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FINAL ACT OF THE DIPLOMATIC CONFERENCE ON THE PROTOCOL CONSOLIDATING THE EUROCONTROL INTERNATIONAL CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION OF 13 DECEMBER 1960, AS VARIOUSLY AMENDED (Brussels, 27 June 1997) FINAL ACT OF THE DIPLOMATIC CONFERENCE ON THE PROTOCOL CONSOLIDATING THE EUROCONTROL INTERNATIONAL CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION OF 13 DECEMBER 1960, AS VARIOUSLY AMENDED (Brussels, 27 June 1997) THE PLENIPOTENTIARIES OF:

THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF AUSTRIA, THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF CROATIA, THE KINGDOM OF DENMARK, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE HELLENIC REPUBLIC, THE REPUBLIC OF HUNGARY, IRELAND, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF LUXEMBOURG, THE REPUBLIC OF MALTA, THE PRINCIPALITY OF MONACO, THE KINGDOM OF NORWAY, THE KINGDOM OF THE NETHERLANDS, THE PORTUGUESE REPUBLIC, ROMANIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF SLOVENIA, THE KINGDOM OF SWEDEN, THE SWISS CONFEDERATION, THE CZECH REPUBLIC, THE REPUBLIC OF TURKEY, Assembled at Brussels on 27 June 1997;

Have decided to incorporate in the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation, as amended at Brussels in 1981, the amendments which are set out in Annex 1 to the present Final Act;

Have adopted the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation, which was opened for signature on 27 June 1997, and which is set out in Annex 2 to the present Final Act;

Have noted the following statement by the Kingdom of the Netherlands, on behalf of the European Community Member States, Members of EUROCONTROL: “The European Community Member States, Members of EUROCONTROL, declare that their signature of the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation, which was opened for signature on 27 June 1997, and which is set out in Annex 2 to the present Final Act is without prejudice to the Community’s exclusive competence in certain areas covered by that Convention and to the Community’s membership of EUROCONTROL for the purpose of exercising such exclusive competence.”;

Have noted the following statement by the Kingdom of Belgium: “While signing this text without entering any formal reservation, the Kingdom of Belgium hereby declares that it attaches particular importance both to airspace being organised in such a way as to guarantee that there will be no discrimination in the accessibility of its airports, and to the promotion of dialogue between the social partners.”;

Have noted the following statement by the Hellenic Republic: “The Hellenic Republic signs the Final Act of the Diplomatic Conference on the Protocol consolidating the EUROCONTROL International Convention relating to Co‑operation for the Safety of Air Navigation of 13 December 1960, on the understanding that the implementation and application of the provisions of the aforesaid Protocol must be in conformity with the ICAO legal framework and procedures.”;

Have noted the following statement by the Federal Republic of Germany: “The Federal Republic of Germany considers it essential that EUROCONTROL’s future Regulation on data protection meet at least the standard of the European Community Directive on data protection.

There must be a guarantee that personal data transmitted by the Organisation to a Contracting Party should be afforded by the said Contracting Party the same protection as that provided for by the above-mentioned Regulation.”;

Have adopted the following resolutions:

I.Resolution urging Member States to ratify the Protocol at their earliest convenience The Conference, Assembled at Brussels on 27 June 1997 for the purpose of adopting the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation;

Having unanimously adopted the aforesaid Protocol;

Considering that it is highly desirable that the aforesaid Protocol should come into force as soon as possible;

Urges all Contracting Parties to ratify, accept or approve the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation as soon as possible;

Requests the Director General of EUROCONTROL to take all practical measures, in co-operation with Contracting Parties, to provide assistance, if requested, in the process of ratification, acceptance or approval of the aforesaid Protocol.

II.Resolution on early implementation of the Protocol The Conference, Assembled at Brussels on 27 June 1997 for the purpose of adopting the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation;

Having unanimously adopted the aforesaid Protocol;

Having noted the decisions taken by the Ministers of Transport of the member States of the European Civil Aviation Conference (ECAC) meeting in Copenhagen on 14 February 1997 regarding the ECAC Strategy;

Having noted the invitation by the ECAC Ministers of Transport to the EUROCONTROL Permanent Commission to consider arrangements for the implementation in advance of the revised EUROCONTROL Convention as proposed in the ECAC Strategy;

Recognising the need for an early implementation, where appropriate, of certain provisions in the revised Convention in order to entrust the EUROCONTROL Organisation and in particular its Agency with the roles and duties as reflected in the ECAC Institutional Strategy;

Reconfirming their commitment to attain, through the provisions of the revised Convention and in close cooperation with all parties concerned, a safe and efficient European air traffic management system as well as an efficient common route charges system;

Urges all Contracting Parties to participate, to the fullest extent possible, in the realisation of the early implementation of certain provisions in the revised Convention.

Have adopted the following joint declarations:

I.Joint Declaration on the draft EUROCONTROL regulation on Data Protection The Conference, Assembled at Brussels on 27 June 1997 for the purpose of adopting the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation;

Having unanimously adopted the aforesaid Protocol;

Having noted the draft EUROCONTROL Regulation on Data Protection;

Makes the following joint declaration:

The signatory States undertake to ensure that an internal data protection regulation of the EUROCONTROL Organisation will be approved by the Council at the earliest possible opportunity.

II.Joint Declaration on the necessary steps to establish a transparency function for the Council Audit Board and to ensure its introduction in the context of early implementation of the Protocol The Conference, Assembled at Brussels on 27 June 1997 for the purpose of adopting the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation;

Having unanimously adopted the aforesaid Protocol;

Having noted the provisions in the aforesaid Protocol with regard to the creation of an efficient and autonomous management structure for the EUROCONTROL Agency that will assist in ensuring an efficient, streamlined and transparent decision making mechanism for ATM in Europe in accordance with the ECAC institutional Strategy for ATM in Europe;

Having noted that the EUROCONTROL Agency is the organ responsible for achieving the objectives and performing the tasks laid down in the Convention or by the governing bodies of EUROCONTROL;

Recognising the desirability of enabling the EUROCONTROL Agency to ascertain an adequate level of transparency in the management structure through a Board with the appropriate terms of reference;

Makes the following joint declaration:

The signatory States undertake to take the necessary steps to establish a transparency function for the Council Audit Board as referred to in Article 7.5 of the Convention and to further ensure its introduction in the context of the early implementation of certain provisions of the consolidating Protocol.

IN WITNESS WHEREOF, the Plenipotentiaries have signed the present Final Act.

DONE at Brussels, this 27th day of June 1997, in a single original, which shall remain deposited in the archives of the Government of the Kingdom of Belgium, which shall transmit certified copies to the Governments of the other signatory States.

For the Federal Republic of Germany, For the Republic of Austria, For the Kingdom of Belgium, For the Republic of Bulgaria, For the Republic of Cyprus, For the Republic of Croatia, For the Kingdom of Denmark, For the Kingdom of Spain, For the French Republic, For the United Kingdom of Great Britain and Northern Ireland, For the Hellenic Republic, For the Republic of Hungary, For Ireland, For the Italian Republic, For the Grand Duchy of Luxembourg, For the Republic of Malta, For the Principality of Monaco, For the Kingdom of Norway, For the Kingdom of the Netherlands, For the Portuguese Republic, For Romania, For the Slovak Republic, For the Republic of Slovenia, For the Kingdom of Sweden, For the Swiss Confederation, For the Czech Republic, For the Republic of Turkey, ANNEX 1 to the FINAL ACT AMENDMENTS MADE BY THE DIPLOMATIC CONFERENCE OF 27 JUNE 1997 AMENDMENTS MADE BY THE DIPLOMATIC CONFERENCE OF 27 JUNE 1997 Article I The EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as amended by the Additional Protocol of 6 July 1970, in turn amended by the Protocol of 21 November 1978, all amended by the Protocol of 12 February 1981, hereinafter called “the Convention” is amended as provided in the following articles.

Article II Paragraphs 1 and 2 of Article 1 of the Convention shall be replaced by the following: “Article 1 1. In order to achieve harmonisation and integration with the aim of establishing a uniform European air traffic management system, the Contracting Parties agree to strengthen their co-operation and to develop their joint activities in the field of air navigation, making due allowance for defence needs and providing maximum freedom for all airspace users consistent with the required level of safety in the provision of cost-effective air traffic services, and taking into account the need to minimise, where this is feasible, inter alia, in operational, technical and economic terms, any adverse environmental impact.

The pursuit of these objectives shall not prejudice the principle that every State has complete and exclusive sovereignty over the airspace above its territory nor the capacity of every State to exercise its prerogatives with regard to security and defence in its national airspace.

To this end, they agree: (a) to determine a European policy in the air traffic management field, involving the definition of strategies and programmes whose objective is to develop the capacity needed to meet the requirements of all civil and military users in a cost-effective manner while maintaining the required level of safety; (b) to commit themselves to the establishment of specific targets regarding the efficiency and effectiveness of air traffic management operations in the Flight Information Regions listed in Annex II to this Convention in which States, pursuant to the relevant provisions of the Convention on International Civil Aviation, have agreed to provide air traffic services without prejudice to the principles of free movement in airspace not subject to the sovereignty of the States which result from conventions, international agreements, and the rules or principles of customary public international law; (c) to introduce an air traffic management performance review and target setting system; (d) to implement a common convergence and implementation plan for air navigation services and facilities in Europe; (e) to adopt and apply common standards and specifications; (f) to harmonise air traffic services regulations; (g) to develop the available capacity to meet the air traffic demand and to ensure its most effective utilisation through the joint establishment, operation and development of a common European air traffic flow management system, in the framework of the introduction of a uniform European air traffic management system; (h) to encourage common procurement of air traffic systems and facilities; (i) to implement a common policy for the establishment and calculation of charges levied on users of en route air navigation facilities and services, hereinafter called “route charges”; (j) to implement a mechanism, separate from service provision, for the multilateral development and harmonisation of a safety regulatory regime in the field of air traffic management within a total aviation safety system approach; (k) to participate in the design, the implementation and the monitoring of a global navigation satellite system; (l) to identify new possibilities for common actions in the field of design, implementation, monitoring or operation of systems and services in air navigation; (m) in the context of a “gate-to-gate” concept, to develop an overall policy and an appropriate, efficient and effective process for the strategic design and planning of routes and airspace.

Article III Article 2 of the Convention shall be replaced by the following : “Article 2 1. The Organisation shall undertake the following tasks: (a) to develop and endorse detailed plans for the harmonisation and integration of the air traffic services and systems of the Contracting Parties, in particular the ground and airborne air navigation systems, with a view to the establishment of a uniform European air traffic management system; (b) to coordinate the implementation plans of the Contracting Parties so as to secure convergence towards a uniform European air traffic management system; (c) to examine and coordinate on behalf of the Contracting Parties matters in the field of air navigation studied by the International Civil Aviation Organization (ICAO) and other international organisations concerned with civil aviation and to coordinate and submit amendments or proposals to these bodies; (d) to define, design, develop, validate and organise the implementation of a uniform European air traffic management system; (e) to develop and operate a common European air traffic flow management system at a common international centre in the framework of (d) above; (f) to develop, adopt, and keep under review common standards, specifications and practices for air traffic management systems and services; (g) to develop and endorse procedures towards a strategy for the common procurement of air traffic systems and facilities; (h) to coordinate the Contracting Parties' research and development programmes relating to new techniques in the field of air navigation, to collect and distribute their results and to promote and conduct common studies, tests and applied research as well as technical developments in this field; (i) to establish an independent performance review system that will address all aspects of air traffic management, including policy and planning, safety management at and around airports and in the airspace, as well as financial and economic aspects of services rendered, and set targets that will address all these aspects; (j) to study and promote measures for improving cost-effectiveness and efficiency in the field of air navigation; (k) to develop and endorse common criteria, procedures and methods to ensure the highest efficiency and quality of air traffic management systems and air traffic services; (l) to develop proposals for the harmonisation of European air traffic services regulations; (m) to support the improvement of efficiency and flexibility in the use of airspace between civil and military users;

(n) to develop and endorse coordinated or common policies to improve air traffic management at and around airports; (o) to develop and endorse common criteria for the selection, and common policies for the training, licensing, and proficiency checking of air traffic services staff; (p) to develop, establish and operate the future common European system elements entrusted to it by the Contracting Parties; (q) to establish, bill and collect the route charges on behalf of the Contracting Parties participating in the common route charges system as provided for in Annex IV; (r) to establish and implement a mechanism for the multilateral development and harmonisation of safety regulation in the air traffic management field; (s) to perform any other task relating to the principles and objectives of this Convention.

Article IV Article 3 of the Convention shall be replaced by the following : “Article 3 1. This Convention shall apply to en route air navigation services and related approach and aerodrome services for air traffic in the Flight Information Regions listed in Annex II.

On the basis of a special agreement, as provided for in Article 2.2(b), a Contracting Party may request that the expression “air traffic” shall apply to other air traffic operating within its territory.”

Article V The reference to the Statute annexed thereto in Article 4 of the Convention shall be replaced by a reference to the Statute at Annex I and in the English text of the said Article 4, the words “in the present Convention” shall be replaced by “in this Convention”.

Article VI Article 5 of the Convention shall be replaced by the following: “Article 5 1. The General Assembly shall be composed of representatives of the Contracting Parties at Ministerial level. Each Contracting Party may appoint several delegates in order, in particular, to allow the interests of both civil aviation and national defence to be represented, but shall have only a single voting right.

Article VII Article 6 of the Convention shall be replaced by the following : “Article 6 1. The General Assembly shall take decisions with regard to the Contracting Parties, the Council and the Agency, in particular in the cases referred to in Article 1.2(a).

In addition, the General Assembly shall: (a) appoint the Director General of the Agency, on the Council's recommendation; (b) authorise recourse on behalf of the Organisation to the Permanent Court of Arbitration of The Hague in the cases referred to in Article 34; (c) establish the principles applied for the operation of the common European air traffic flow management system provided for in Article 2.1(e); (d) approve amendments to Annex I in conformity with the voting conditions provided for in Article 8.1; (e) approve amendments to Annexes II and IV in conformity with the voting conditions provided for in Article 8.3; (f) periodically review the tasks of the Organisation.

Article VIII Article 7 of the Convention shall become Article 8 and shall read as follows: “Article 8 1. Decisions taken with regard to the Contracting Parties by the General Assembly, in particular on the basis of Article 1.2(a) and the first subparagraph of Article 6.1, or by the Council, in particular on the basis of Article 1.2(b) and Article 7.1, shall be taken by a majority of the votes cast, on condition that the said majority represents at least three-quarters of the weighted votes cast, according to the weighting provided for in Article 11, and at least three-quarters of the Contracting Parties casting a vote.

This rule shall also apply to decisions taken in the cases referred to in Articles 2.1(i), (p), (r) and (s), 2.5, 6.1(a), (c) and (d), 6.2, 6.3(b), 7.2(d), (j) and (k), 7.3, 7.6 and 7.7, 12, 13.2 and 13.3.

This rule shall also apply to decisions taken in pursuance of Article 3 of Annex IV. These decisions, when they refer to the unit rates, tariffs and conditions of application of the Route Charges System referred to in Article 3(c) of Annex IV, shall not apply in regard to a Contracting Party if that Contracting Party has voted against and so decides. In this case, this Contracting Party shall submit an explanatory statement of its reasons and cannot put in question the common policy as defined in Article 6.2.

This rule shall also apply to decisions taken in the cases referred to in Articles 6.1(b), 6.3(a), 7.2(a) to (c), (e) to (i), (l) and (m),9.2 and 10.2.

Article IX A new Article 7 shall be inserted in the Convention and shall read as follows: “Article 7 1. The Council, pursuant to the powers conferred on it by this Convention, may take decisions with regard to the Contracting Parties, in the tasks referred to in Article 2.1.

(l) shall approve a Regulation on data protection; (m) in the performance of the tasks provided for in Article 2.1(f), shall determine the rules and procedures applicable to standards, specifications and practices for air traffic management systems and services.

Article X Article 8 of the Convention shall become Article 11 and shall read as follows: “Article 11 1. The weighting referred to in Article 8 shall be determined according to the following table:

Annual Contribution of a Contracting Party as a percentage of the total annual contributions of all the Contracting Parties Number of votes Less than 1%1 From 1 to less than 2%2 From 2 to less than 3%3 From 3 to less than 4½%4 From 4½ to less than 6%5 From 6 to less than 7½%6 From 7½ to less than 9%7 From 9 to less than 11%8 From 11 to less than 13%9 From 13 to less than 15%10 From 15 to less than 18%11 From 18 to less than 21%12 From 21 to less than 24%13 From 24 to less than 27%14 From 27 to less than 30%15 30%16 2. The number of votes shall be initially established with effect from the date of entry into force of the Protocol opened for signature at Brussels in 1997 by reference to the above table and in accordance with the rule in Article 10 above for determining the annual contributions of the Contracting Parties to the Organisation's budget.

Article XI Article 9 of the Convention shall become Article 12 and shall read as follows : “Article 12 The General Assembly and the Council shall establish their rules of procedure, including rules governing the election of a President and Vice-President, and the rules of application of the voting procedures and the quorum.”.

Article XII A new Article 9 shall be inserted in the Convention and shall read as follows: “Article 9 1. Where a Contracting Party notifies the General Assembly or the Council that overriding national considerations pertaining to national defence and security interests prevent it from acting on a decision adopted by a majority of the votes cast as provided for in Article 8.1 above, it may derogate from that decision subject to communication to the General Assembly or the Council of an explanation of the reasons and a statement as to whether: (a) the derogation refers to a matter on which there is no objection to the decision taking effect for the other Contracting Parties, it being understood that the Contracting Party concerned shall not apply the decision or shall apply it only in part; (b) the derogation refers to a question of such importance to national defence and security interests that the decision must not be implemented at all until a second decision has been taken pursuant to the arrangements described in sub-paragraph 2(b) below.

Article XIII Article 10 of the Convention shall be revoked. A new Article 10 shall be inserted in the Convention and shall read as follows: “Article 10 1. The annual contribution of each Contracting Party to the budget shall be determined, for each financial year, in accordance with the following formula: (a) an initial 30% of the contribution shall be calculated in proportion to the value of the Gross National Product of the Contracting Party, as defined in paragraph 2 below; (b) a further 70% of the contribution shall be calculated in proportion to the value of the route facility cost base of the Contracting Party, as defined in paragraph 3 below.

Article XIV Article 11 of the Convention shall become Article 13 and shall read as follows: “Article 13 1. The Organisation shall maintain with the appropriate States and other international organisations the necessary relations for the realisation of its aims.

Article XV Article 12 of the Convention shall become Article 14 and shall read as follows: “Article 14 The special agreements referred to in Article 2 shall stipulate the respective tasks, rights and obligations of the Parties to the agreements, together with the financial arrangements, and shall establish the measures to be taken. Such agreements may be negotiated by the Agency in accordance with the provisions of Article 7.2(k).”

Article XVI Article 13 of the Convention shall become Article 15 and shall read as follows: “Article 15 Within the scope of the directives given by the Council, those relations which are essential for the co-ordination of air traffic and for the operation of the services of the Agency may be established by the Agency with the appropriate technical services, public or private, of the Contracting Parties, of non-Contracting Parties or of international organisations. For that purpose, contracts of a purely administrative, technical or commercial nature, in so far as they are required for the operation of the Agency, may be entered into by the Agency, in the name of the Organisation, on condition that the Agency so informs the Council.”

Article XVII Article 14 of the Convention shall become Article 16.

In the Dutch text of paragraph 1 of Article 14 of the Convention, which becomes paragraph 1 of Article 16, the words “de onroerende goederen” shall be replaced by “die onroerende goederen” and in paragraph 2 of the said Article, the word “verreberichtgeving” shall be replaced by “telecommunicatie”.

Article XVIII Article 15 of the Convention shall become Article 17 and shall read as follows: “Article 17 In the performance of the tasks provided for in Article 2.2(b), the Agency shall apply the regulations in force in the territories of the Contracting Parties and in the airspace in respect of which the provision of air traffic services is entrusted to them under international agreements to which they are Parties.”

Article XIX Article 16 of the Convention shall become Article 18 and shall read as follows: “Article 18 In the performance of the tasks provided for in Article 2.2(b), the Agency shall, within the limits of the powers conferred on the air traffic services, give all the necessary instructions to aircraft commanders. The aircraft commanders shall be bound to comply with those instructions, except in the cases of force majeure provided for in the regulations referred to in the preceding article.”

Article XX Article 17 of the Convention shall become Article 20 and shall read as follows: “Article 20 In the performance of the tasks provided for in Article 2.1(e) and, where appropriate, Article 2.2(b), infringements of the air navigation regulations committed in the airspace in which the Agency performs these tasks shall be recorded in reports by officers specifically authorised by the Agency for that purpose, without prejudice to the right under national law of officers of the Contracting Parties to report infringements of the same nature. The reports referred to above shall have the same effect in national courts as those drawn up by national officers qualified to report infringements of the same nature.”

Article XXI Articles 18 and 19 of the Convention shall become Articles 21 and 22.

In the English text of paragraph 2 of Article 18 of the Convention, which becomes paragraph 2 of Article 21, the words “not less” shall be replaced by “no less”.

In paragraph 1 of Article 19 of the Convention, which becomes paragraph 1 of Article 22, the words “The Organisation shall be exonerated, in the State in which its seat is located, and in the territories of the Contracting Parties,” shall be replaced by “The Organisation shall be exonerated in the territories of the Contracting Parties.”

In paragraph 3 of Article 19 of the Convention, which becomes paragraph 3 of Article 22, the words “its property, assets and income” shall be replaced by “as well as its property, assets and income”.

In the English text of paragraphs 2, 3 and 4 of Article 19 of the Convention, which become paragraphs 2, 3 and 4 of Article 22, the words “The Organisation shall be” shall be replaced by “It shall be”.

In the German text of paragraph 6 of Article 19 of the Convention, which becomes paragraph 6 of Article 22, the words “offentlicher Versorgungsbetriebe” shall be replaced by “der öffentlichen Versorgung” and in the English text of the said paragraph 6, the words “for public utility services” shall be replaced by “for general utilities”.

Article XXII A new Article 19 shall be inserted in the Convention and shall read as follows: “Article 19 1. In the performance of the tasks provided for in Article 2.1(e), the Organisation shall determine, in accordance with the general conditions provided for in Article 7.2(d), the necessary regulatory measures, and shall communicate them to aircraft operators and to the appropriate air traffic services. TheContracting Parties shall ensure that aircraft operators, aircraft commanders and the appropriate air traffic services comply therewith, unless prevented by compelling reasons of safety.

Article XXIII Articles 20, 21, 22 and 23 of the Convention shall become Articles 23, 24, 25 and 26.

In the French text of paragraph 1 of Article 20 of the Convention, which becomes paragraph 1 of Article 23, the words “tous droits de douane et taxes d’effet équivalent, autres que des redevances ou impositions représentatives de services rendus” shall be replaced by “tous droits de douane et taxes ou redevances d’effet équivalent, autres que des redevances représentatives de services rendus”.

In paragraph 2 of Article 20 of the Convention, which becomes paragraph 2 of Article 23, the words “in the territory of the Party into which” shall be replaced by “in the territory of the Contracting Party into which” and in the French text of the said paragraph 2 the words “àmoins que ce ne soit, dans des conditions” shall be replaced by “sauf dans les conditions.”

In the German text of paragraph 3 of Article 20 of the Convention, which becomes paragraph 3 of Article 23, the words “wurden, an diese ausgeliefert und für ihre Liegenschaften, ihre dienstlichen Anlagen” shall be replaced by “wurden, tatsächlich an diese ausgeliefert und für ihre dienstlichen Liegenschaften oder Anlagen”.

In paragraph 4 of Article 20 of the Convention, which becomes paragraph 4 of Article 23, the words “Furthermore, the” shall be replaced by “The” and the reference to Article 25 of the Statute shall be replaced by a reference to Article 13 of the Statute; in the Dutch text of the said paragraph 4, the word “publikaties” shall be replaced by “publicaties”.

In the German text of paragraph 2 of Article 22 of the Convention, which becomes paragraph 2 of Article 25, the words “die in den Haushalten des Personals lebenden” shall be replaced by “die mit dem Personal im gemeinsamen Haushalt lebenden”.

In the German text of sub-paragraph 3(a) of Article 22 of the Convention, which becomes sub-paragraph 3(a) of Article 25, the words “in seinen Haushalten lebenden” shall be replaced by “mit ihm im gemeinsamen Haushalt lebenden”.

In the German text of sub-paragraph 5(b) of Article 22 of the Convention, which becomes sub-paragraph 5(b) of Article 25, the words “seine Kraftfahrzeuge” shall be replaced by “sein privates Kraftfahrzeug”.

In the French text of paragraph 7 of Article 22, which becomes paragraph 7 of Article 25, the words “Directeur Général” shall be replaced by “Directeur général”; in the English text of the said paragraph 7 the words “done by him in the exercise of his functions” and “driven by him” shall be replaced by “done by him/her in the exercise of his/her functions” and “driven by him/her” and in the German text of the said paragraph 7 the words “Vorrechten, Erleichterungen und Befreiungen” shall be replaced by “Vorrechten, Befreiungen und Erleichterungen”.

In the German text of Article 23 of the Convention, which becomes Article 26, the word “Tagungsort” shall be replaced by “Sitzungsort”.

Article XXIV Article 24 of the Convention shall become Article 27 and shall read as follows: “Article 27 By reason of its own social security scheme, the Organisation, the Director General and personnel of the Organisation, shall be exempt from all compulsory contributions to national social security bodies, without prejudice to arrangements between the Organisation and Contracting Parties existing at the entry into force of the Protocol opened for signature at Brussels in 1997.”

Article XXV Article 25 of the Convention shall become Article 28.

Article XXVI Article 26 of the Convention shall become Article 29, paragraph 2 thereof shall be replaced by the following: “2. The property and assets of the Organisation may not be seized, nor may execution be levied upon them, except by a judicial decision. Such judicial decision shall not be made unless the Organisation has been given reasonable notice of the proceedings in question and has had an adequate opportunity to oppose the making of the decision. The installations of the Organisation shall not, however, be seized nor shall execution be levied upon them.”

In the French text of paragraph 3 of Article 26 of the Convention, which becomes paragraph 3 of Article 29, the words “dans leur territoire respectif” shall be replaced by “sur leur territoire respectif” and the words “Directeur Général” by “Directeur général”.

Article XXVII Article 27 of the Convention shall become Article 30.

In the German text of paragraph 1 of Article 27 of the Convention, which becomes paragraph 1 of Article 30, the words “um die reibungslose Ausübung der Gerichtsbarkeit” shall be replaced by “um die ordnungsgemäße Rechtspflege” and the words “Vorrechte, Befreiungen, Ausnahmen oder Erleichterungen” par “Vorrechte, Immunitäten, Befreiungen oder Erleichterungen” and in the English text of the said paragraph 1, the words “in the present Convention” shall be replaced by “in this Convention”.

Article XXVIII Article 28 of the Convention shall become Article 31 and shall read as follows: “Article 31 In the performance of the tasks provided for in Article 2.1(e) and, where appropriate, Article 2.2(b), international agreements and national regulations relating to the admission to, flight over and security of, the territory of the Contracting Parties concernedshall be binding on the Agency, which shall take all necessary measures to ensure the application of such agreements and regulations.”

Article XXIX Article 29 of the Convention shall become Article 32 and shall read as follows: “Article 32 In the performance of the tasks provided for in Article 2.1(e) and, where appropriate, Article 2.2(b), the Agency shall give to those Contracting Parties which so request all necessary information relating to the aircraft of which it has cognisance in the exercise of its functions related to the airspace of the Contracting Party concerned, in order that the Contracting Parties concernedmay be able to verify that international agreements and national regulations are being applied.”

Article XXX Article 30 of the Convention shall become Article 33 and shall read as follows: “Article 33 The Contracting Parties recognise that it is necessary for the Agency to achieve financial equilibrium and undertake to make available to it the appropriate financial resources, within the limits and conditions defined in the present Convention and the Statute of the Agency at Annex I.”

Article XXXI Article 31 of the Convention shall become Article 34 and shall read as follows: “Article 34 1. Any dispute arising between two or more Contracting Parties or between one or more Contracting Parties and the Organisation relating to the interpretation, application or performance of this Convention, including its existence, validity or termination, which cannot be settled within a period of six months by direct negotiation or by any other means, shall be referred to arbitration of the Permanent Court of Arbitration in The Hague in accordance with the Optional Rules for Arbitration of the said Court.

Article XXXII Articles 32 and 33 of the Convention shall be revoked.

Article XXXIII Article 34 of the Convention shall become Article 37 and shall read as follows: “Article 37 The Contracting Parties undertake to ensure to the Agency the application of current statutory provisions designed to safeguard the continuity of those general utilities required for the proper running of operational services.”

Article XXXIV Article 35 of the Convention shall become Article 38 and shall read as follows: “Article 38 1. The Convention, as amended by the Protocol of 12 February 1981 and subsequently by the Protocol opened for signature at Brussels in 1997, shall be extended for an indefinite period.

The decision to withdraw shall take effect at the end of the year following the year in which notification of withdrawal is given, provided that the special agreement provided for in paragraph 3 below has been concluded by that date. Failing this, the decision to withdraw shall take effect on the date laid down in the said special agreement.

This agreement shall require to be approved by unanimity of the votes cast by the General Assembly with the withdrawing Contracting Party taking no part in the vote.

Article XXXV A new Article 35 shall be inserted in the Convention and shall read as follows: “Article 35 1. Without prejudice to the application of the provisions of Annex IV for the enforced recovery of route charges, the courts of the Contracting Parties shall have sole jurisdiction to hear disputes arising between the Organisation, represented by the Director General, and any natural person or corporate body, in connection with the application of acts of the Organisation.

Article XXXVI Article 36 of the Convention shall become Article 39 and shall read as follows: “Article 39 1. The accession to the Convention, as amended by the Protocol of 12 February 1981 and by the Protocol opened for signature at Brussels in 1997, of any State not signatory to the latter Protocol shall be subject to the agreement of the General Assembly expressed by unanimity of the votes cast.

Article XXXVII A new Article 36 shall be inserted in the Convention and shall read as follows: “Article 36 1. The amendments made in conformity with the conditions prescribed in this Convention, to the Statute of the Agency set out in Annex I, and to Articles 16 et seq. of the provisions relating to the common route charges system set out in Annex IV, shall be valid and have effect in the territory of the Contracting Parties.

This agreement will require to be approved by unanimity of the votes cast by the General Assembly, with the withdrawing Contracting Party taking no part in the vote.

Article XXXVIII A new Article 40 shall be inserted in the Convention and shall read as follows: “Article 40 1. The accession to the Convention, as amended by the Protocol of 12 February 1981 and by the Protocol opened for signature at Brussels in 1997, shall be open to regional economic integration organisations on terms and conditions to be agreed between the Contracting Parties and those organisations, of which one or more signatory States are members, these terms and conditions to be contained in an additional Protocol to the Convention.

Article XXXIX Annex I to the Convention, relating to the Statute of the Agency, shall be replaced by Annex I to the consolidated version of the text of the Convention set out at annex to the Protocol, opened for signature at Brussels in 1997.

Article XL Annex II to the Convention, relating to the Flight Information Regions (Article 3 of the Convention), shall be replaced by Annex II to the consolidated version of the text of the Convention set out at annex to the Protocol, opened for signature at Brussels in 1997.

Article XLI Annex III (Tax Provisions) to the consolidated version of the text of the Convention set out at annex to the Protocol, opened for signature at Brussels in 1997, shall be Annex III to the Convention.

Article XLII Annex IV (Provisions relating to the common route charges system) to the consolidated version of the text of the Convention set out at annex to the Protocol opened for signature at Brussels in 1997, shall be Annex IV to the Convention.

ANNEX 2 to the FINAL ACT PROTOCOL CONSOLIDATING THE EUROCONTROL INTERNATIONAL CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION OF 13 DECEMBER 1960, AS VARIOUSLY AMENDED PROTOCOL CONSOLIDATING THE EUROCONTROL INTERNATIONAL CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION OF 13 DECEMBER 1960, AS VARIOUSLY AMENDED THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF AUSTRIA, THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF CROATIA, THE KINGDOM OF DENMARK, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE HELLENIC REPUBLIC, THE REPUBLIC OF HUNGARY, IRELAND, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF LUXEMBOURG, THE REPUBLIC OF MALTA, THE PRINCIPALITY OF MONACO, THE KINGDOM OF NORWAY, THE KINGDOM OF THE NETHERLANDS, THE PORTUGUESE REPUBLIC, ROMANIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF SLOVENIA, THE KINGDOM OF SWEDEN, THE SWISS CONFEDERATION, THE CZECH REPUBLIC, THE REPUBLIC OF TURKEY, Considering that the growth in air traffic, the need to centralise the national policy measures of each European State at European level and technological developments in air traffic require a revision of the EUROCONTROL International Convention relating to Co‑operation for the Safety of Air Navigation of 13 December 1960, as amended by the amending Protocol of 12 February 1981, in order to provide for the establishment of a uniform European air traffic management system for the control of general air traffic in European airspace and at and around airports;

Considering that it is desirable to strengthen the co-operation between the States within the framework of EUROCONTROL with the aim of efficiently organising and safely managing the airspace for both civil and military users, based upon the fundamental principle that the airspace should, from the perspective of the airspace users, be considered as a seamless system, in particular through the establishment of common policies, objectives, plans, standards and specifications, including a common policy in respect of route charges, in close consultation with users of air traffic services and taking due account of defence interests;

Considering the need to ensure that all airspace users may enjoy maximum efficiency at the minimum cost consistent with the required level of safety and the need to minimise the adverse environmental impact by means of harmonisation and integration of the services responsible for air traffic management in Europe;

Considering that the Contracting Parties acknowledge the need to harmonise and integrate their air traffic management systems in order to create a uniform European air traffic management system;

Considering the importance of local air traffic management initiatives, particularly at airport level;

Considering that the operation of a common route charges system, with due regard to the guidelines recommended by the International Civil Aviation Organization, in particular concerning equity and transparency, supports the financial bases of the uniform European air traffic management system and facilitates consultation with users;

Considering that EUROCONTROL constitutes for the Contracting Parties the body for co-operation in the field of air traffic management;

Desiring to extend and to strengthen co-operation with the European or international institutions which have an interest in the execution of the tasks entrusted to EUROCONTROL in order to increase its efficiency;

Considering therefore that it is expedient to create a European air traffic management system operating beyond the territorial limits of the individual Contracting Parties throughout the airspace covered by the Convention;

Considering that it is important for the Contracting Parties to provide the Organisation with the legal means necessary to fulfil its tasks, mainly in the area of route charge recovery and air traffic flow management;

Recognising that the safe and efficient realisation of the Organisation’s tasks will benefit from the separation where practicable of its regulatory and service provision functions;

Desiring to encourage other European States to become members of this international organisation.

Have agreed as follows:

Article I The EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as amended by the Protocol of 6 July 1970, in turn amended by the Protocol of 21 November 1978, all amended by the Protocol of 12 February 1981, hereinafter called “the Convention”, is hereby replaced by the consolidated version of the Convention annexed hereto, which incorporates the text of the Convention remaining in force together with the amendments made by the Diplomatic Conference held on 27 June 1997.

Article II 1. This Protocol shall be opened for signature by all States Parties to the Convention on 27 June 1997.

It shall also be open, prior to the date of its entry into force, for signature by any other State invited to the Diplomatic Conference at which it was adopted and any other State authorised to sign it by unanimous vote of the Permanent Commission.

Article III With effect from the entry into force of this Protocol, the Protocol of 6 July 1970, as amended by the Protocol of 21 November 1978, and by Article XXXVIII of the Protocol of 12 February 1981, shall be replaced by Annex III (entitled “Tax Provisions”) to the consolidated version of the text of the Convention annexed hereto.

Article IV With effect from the entry into force of this Protocol, the Multilateral Agreement relating to Route Charges of 12 February 1981 shall be terminated and replaced by the relevant provisions of the consolidated text of the Convention annexed hereto, including its Annex IV (entitled “Provisions relating to the common route charges system”).

Article V The Government of the Kingdom of Belgium shall have this Protocol registered with the Secretary-General of the United Nations pursuant to Article 102 of the Charter of the United Nations and with the Council of the International Civil Aviation Organisation pursuant to Article 83 of the Convention on International Civil Aviation signed in Chicago on 7 December 1944.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having presented their Full Powers, found to be in good and due form, have signed this Protocol.

DONE at Brussels, this 27th day of June 1997, in the German, English, Bulgarian, Croatian, Danish, Spanish, French, Greek, Hungarian, Italian, Dutch, Norwegian, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Turkish languages, in a single original, which shall remain deposited in the archives of the Government of the Kingdom of Belgium which shall transmit certified copies to the Governments of the other signatory States. In the case of any inconsistency, the text in the French language shall prevail.

For the Federal Republic of Germany, For the Republic of Austria, For the Kingdom of Belgium, For the Republic of Bulgaria, For the Republic of Cyprus, For the Republic of Croatia, For the Kingdom of Denmark, For the Kingdom of Spain, For the French Republic, For the United Kingdom of Great Britain and Northern Ireland, For the Hellenic Republic, For the Republic of Hungary, For Ireland, For the Italian Republic, For the Grand Duchy of Luxembourg, For the Republic of Malta, For the Principality of Monaco, For the Kingdom of Norway, For the Kingdom of the Netherlands, For the Portuguese Republic, For Romania, For the Slovak Republic, For the Republic of Slovenia, For the Kingdom of Sweden, For the Swiss Confederation, For the Czech Republic, For the Republic of Turkey, CONSOLIDATED VERSION WHICH INCORPORATES THE TEXTS REMAINING IN FORCE OF THE EXISTING CONVENTION AND THE AMENDMENTS MADE BY THE DIPLOMATIC CONFERENCE OF 27 JUNE 1997 ______ CONSOLIDATED TEXT OF THE ENACTING TERMS OF THE CONVENTION ______ CONSOLIDATED VERSION WHICH INCORPORATES THE TEXTS REMAINING IN FORCE OF THE EXISTING CONVENTION AND THE AMENDMENTS MADE BY THE DIPLOMATIC CONFERENCE OF 27 JUNE 1997 _____ CONSOLIDATED TEXT OF THE ENACTING TERMS OF THE CONVENTION

Article 1

The pursuit of these objectives shall not prejudice the principle that every State has complete and exclusive sovereignty over the airspace above its territory nor the capacity of every State to exercise its prerogatives with regard to security and defence in its national airspace.

To this end, they agree (a) to determine a European policy in the air traffic management field, involving the definition of strategies and programmes whose objective is to develop the capacity needed to meet the requirements of all civil and military users in a cost-effective manner while maintaining the required level of safety; (b) to commit themselves to the establishment of specific targets regarding the efficiency and effectiveness of air traffic management operations in the Flight Information Regions listed in Annex II to this Convention in which States, pursuant to the relevant provisions of the Convention on International Civil Aviation, have agreed to provide air traffic services without prejudice to the principles of free movement in airspace not subject to the sovereignty of the States which result from conventions, international agreements, and the rules or principles of customary public international law; (c) to introduce an air traffic management performance review and target setting system; (d) to implement a common convergence and implementation plan for air navigation services and facilities in Europe; (e) to adopt and apply common standards and specifications; (f) to harmonise air traffic services regulations; (g) to develop the available capacity to meet the air traffic demand and to ensure its most effective utilisation through the joint establishment, operation and development of a common European air traffic flow management system, in the framework of the introduction of a uniform European air traffic management system; (h) to encourage common procurement of air traffic systems and facilities; (i) to implement a common policy for the establishment and calculation of charges levied on users of en route air navigation facilities and services, hereinafter called “route charges”; (j) to implement a mechanism, separate from service provision, for the multilateral development and harmonisation of a safety regulatory regime in the field of air traffic management within a total aviation safety system approach; (k) to participate in the design, the implementation and the monitoring of a global navigation satellite system; (l) to identify new possibilities for common actions in the field of design, implementation, monitoring or operation of systems and services in air navigation; (m) in the context of a “gate-to-gate” concept, to develop an overall policy and an appropriate, efficient and effective process for the strategic design and planning of routes and airspace.

Article 21. The Organisation shall undertake the following tasks:

(a) to develop and endorse detailed plans for the harmonisation and integration of the air traffic services and systems of the Contracting Parties, in particular the ground and airborne air navigation systems, with a view to the establishment of a uniform European air traffic management system; (b) to coordinate the implementation plans of the Contracting Parties so as to secure convergence towards a uniform European air traffic management system; (c) to examine and coordinate on behalf of the Contracting Parties matters in the field of air navigation studied by the International Civil Aviation Organization (ICAO) and other international organisations concerned with civil aviation and to coordinate and submit amendments or proposals to these bodies; (d) to define, design, develop, validate and organise the implementation of a uniform European air traffic management system; (e) to develop and operate a common European air traffic flow management system at a common international centre in the framework of (d) above; (f) to develop, adopt, and keep under review common standards, specifications and practices for air traffic management systems and services; (g) to develop and endorse procedures towards a strategy for the common procurement of air traffic systems and facilities; (h) to coordinate the Contracting Parties' research and development programmes relating to new techniques in the field of air navigation, to collect and distribute their results and to promote and conduct common studies, tests and applied research as well as technical developments in this field; (i) establish an independent performance review system that will address all aspects of air traffic management, including policy and planning, safety management at and around airports and in the airspace, as well as financial and economic aspects of services rendered, and set targets that will address all these aspects; (j) to study and promote measures for improving cost-effectiveness and efficiency in the field of air navigation; (k) to develop and endorse common criteria, procedures and methods to ensure the highest efficiency and quality of air traffic management systems and air traffic services; (l) to develop proposals for the harmonisation of European air traffic services regulations; (m) to support the improvement of efficiency and flexibility in the use of airspace between civil and military users; (n) to develop and endorse coordinated or common policies to improve air traffic management at and around airports;

(o) to develop and endorse common criteria for the selection, and common policies for the training, licensing, and proficiency checking of air traffic services staff; (p) to develop, establish and operate the future common European system elements entrusted to it by the Contracting Parties; (q) to establish, bill and collect the route charges on behalf of the Contracting Parties participating in the common route charges system as provided for in Annex IV; (r) to establish and implement a mechanism for the multilateral development and harmonisation of safety regulation in the air traffic management field; (s) to perform any other task relating to the principles and objectives of this Convention.

Article 3

On the basis of a special agreement, as provided for in Article 2.2(b), a Contracting Party may request that the expression “air traffic” shall apply to other air traffic operating within its territory.

Article 4

The Organisation shall have legal personality. In the territory of the Contracting Parties it shall have the fullest legal capacity to which corporate bodies are entitled under national law; it shall inter alia have the right to acquire or transfer movable or immovable property and to go to law. Except as otherwise provided in this Convention or the Statute at Annex I, it shall be represented by the Agency, which shall act in its name. The Agency shall administer the property of the Organisation.

Article 5

Article 6

In addition, the General Assembly shall: (a) appoint the Director General of the Agency, on the Council's recommendation; (b) authorise recourse on behalf of the Organisation to the Permanent Court of Arbitration of The Hague in the cases referred to in Article 34; (c) establish the principles applied for the operation of the common European air traffic flow management system provided for in Article 2.1(e); (d) approve amendments to Annex I in conformity with the voting conditions provided for in Article 8.1; (e) approve amendments to Annexes II and IV in conformity with the voting conditions provided for in Article 8.3; (f) periodically review the tasks of the Organisation.

Article 7

(l) shall approve a Regulation on data protection; (m) in the performance of the tasks provided for in Article 2.1(f), shall determine the rules and procedures applicable to standards, specifications and practices for air traffic management systems and services.

Article 8

This rule shall also apply to decisions taken in the cases referred to in Articles 2.1(i), (p), (r) and (s), 2.5, 6.1(a), (c) and (d), 6.2, 6.3(b), 7.2(d), (j) and (k), 7.3, 7.6 and 7.7, 12, 13.2 and 13.3.

This rule shall also apply to decisions taken in pursuance of Article 3 of Annex IV. These decisions, when they refer to the unit rates, tariffs and conditions of application of the Route Charges System referred to in Article 3(c) of Annex IV, shall not apply in regard to a Contracting Party if that Contracting Party has voted against and so decides. In this case, this Contracting Party shall submit an explanatory statement of its reasons and cannot put in question the common policy as defined in Article 6.2.

This rule shall also apply to decisions taken in the cases referred to in Articles 6.1(b), 6.3(a), 7.2(a) to (c), (e) to (i), (l) and (m), 9.2 and 10.2.

Article 9

Article 10

Article 111. The weighting referred to in Article 8 shall be determined according to the following table:

Annual Contribution of a Contracting Party as a percentage of the total annual contributions of all the Contracting Parties Number of votes Less than 1%1 From 1 to less than 2%2 From 2 to less than 3%3 From 3 to less than 4½%4 From 4½ to less than 6%5 From 6 to less than 7½%6 From 7½ to less than 9%7 From 9 to less than 11%8 From 11 to less than 13%9 From 13 to less than 15%10 From 15 to less than 18%11 From 18 to less than 21%12 From 21 to less than 24%13 From 24 to less than 27%14 From 27 to less than 30%15 30%16 2. The number of votes shall be initially established with effect from the date of entry into force of the Protocol opened for signature at Brussels in 1997 by reference to the above table and in accordance with the rule in Article 10 above for determining the annual contributions of the Contracting Parties to the Organisation's budget.

Article 12

The General Assembly and the Council shall establish their rules of procedure, including rules governing the election of a President and Vice-President, and the rules of application of the voting procedures and the quorum.

Article 13

Article 14

The special agreements referred to in Article 2 shall stipulate the respective tasks, rights and obligations of the Parties to the agreements, together with the financial arrangements, and shall establish the measures to be taken. Such agreements may be negotiated by the Agency in accordance with the provisions of Article 7.2(k).

Article 15

Within the scope of the directives given by the Council, those relations which are essential for the co-ordination of air traffic and for the operation of the services of the Agency may be established by the Agency with the appropriate technical services, public or private, of the Contracting Parties, of non-Contracting Parties or of international organisations. For that purpose, contracts of a purely administrative, technical or commercial nature, in so far as they are required for the operation of the Agency, may be entered into by the Agency, in the name of the Organisation, on condition that the Agency so informs the Council.

Article 16

Article 17

In the performance of the tasks provided for in Article 2.2(b), the Agency shall apply the regulations in force in the territories of the Contracting Parties and in the airspace in respect of which the provision of air traffic services is entrusted to them under international agreements to which they are Parties.

Article 18

In the performance of the tasks provided for in Article 2.2(b), the Agency shall, within the limits of the powers conferred on the air traffic services, give all the necessary instructions to aircraft commanders. The aircraft commanders shall be bound to comply with those instructions, except in the cases of force majeure provided for in the regulations referred to in the preceding article.

Article 19