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4.The Contracting Parties shall incorporate into their national legislation provisions which ensure the observance of the general conditions provided for in Article 7.2(d).
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Article 20

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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.

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Article 21

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1.The circulation of publications and other information material sent by or to the Organisation in connection with its official activities shall not be restricted in any way.
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2.For its official communications and the transfer of all its documents, the Organisation shall enjoy treatment no less favourable than that accorded by each Contracting Party to comparable international organisations.
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Article 22

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1.The Organisation shall be exonerated in the territories of the Contracting Parties from all duties, taxes and charges in respect of its creation, dissolution or liquidation.
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2.It shall be exonerated from any duties, taxes and charges entailed by the acquisition of the immovable property required for the accomplishment of its task.
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3.It shall be exonerated from all direct taxes applicable to it, as well as its property, assets and income.
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4.It shall be exonerated from any indirect fiscal charges consequential on the issue of loans and incident upon the Organisation.
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5.It shall be exonerated from any taxation of an exceptional or discriminating nature.
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6.The exonerations provided for in this article shall not apply to taxes and charges collected as payment for general utilities.
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Article 23

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1.The Organisation shall be exonerated from all customs duties and taxes or charges of equivalent effect, other than charges in respect of services rendered, and shall be exempt from any import or export prohibition or restriction in respect of materials, equipment, supplies and other articles imported for the official use of the Organisation and destined for the buildings and installations of the Organisation or for its functioning.
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2.The goods so imported may not be sold, loaned or transferred, either without payment or against payment, in the territory of the Contracting Party into which they have been introduced, except under the conditions fixed by the Government of the Contracting Party concerned.
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3.Any control measures deemed to be expedient may be taken to ensure that the materials, equipment, supplies and other articles referred to in paragraph 1 and imported for consignment to the Organisation have been effectively delivered to that Organisation and are effectively used for its official buildings and installations or for its functioning.
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4.The Organisation shall be exonerated from all customs duties and exempt from any import or export prohibition or restriction in respect of the publications falling within the scope of Article 13 of the Statute annexed hereto.
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Article 24

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1.The Organisation may hold any currency and have accounts in any currency in so far as is necessary for the execution of the transactions required for its purpose.
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2.The Contracting Parties undertake to give the Organisation the necessary authorisations for all the transfers of funds, in accordance with the conditions prescribed under national regulations and international agreements as applicable, entailed by the establishment and activity of the Organisation, including the issue and service of loans when the issue of those loans has been authorised by the Government of the Contracting Party concerned.
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Article 25

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1.The Agency may call upon the services of qualified persons who are nationals of the Contracting Parties.
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2.The staff of the Organisation and members of their families forming part of their households, shall enjoy the exemption from measures restricting immigration and governing aliens' registration generally accorded to staff members of comparable international organisations.
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3.(a) The Contracting Parties, in time of international crisis, shall accord to the staff of the Organisation, and the members of their families forming part of their households, the same repatriation facilities as the staff of other international organisations. (b) The provisions of (a) above shall not affect the staff's obligations to the Organisation.
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4.No exception may be made to the provisions of paragraphs 1 and 2 of this Article except for reasons of public policy, public safety or public health.
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5.The staff of the Organisation: (a) shall be granted exemption from customs duties and charges, other than those in respect of services rendered, in the case of the importation of their personal effects, movable property and other household effects which are not new, which they bring from abroad on first taking up residence in the territory in question, and in the case of the re-exportation of those same effects and movable property, when they relinquish their duties; (b) may, on taking up their duties in the territory of any one of the Contracting Parties, import their personal motor car temporarily with exemption from duty, and subsequently, but not later than on termination of their period of service, re-export that vehicle with exemption from duty, subject, however, in either event, to any conditions deemed to be necessary in each individual case by the Government of the Contracting Party concerned; (c) shall enjoy inviolability for all their official papers and documents.
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6.The Contracting Parties shall not be obliged to grant to their own nationals the facilities provided for in paragraph 5 (a) and (b) above.
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7.In addition to the privileges, exemptions and facilities granted to the staff of the Organisation, the Director General of the Agency shall enjoy immunity from jurisdiction in respect of acts, including words spoken and written, done by him/her in the exercise of his/her functions; this immunity shall not apply in the case of a motor traffic offence or in the case of damage caused by a motor vehicle belonging to or driven by him/her.
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8.The Governments concerned shall take all the necessary measures to ensure the unrestricted transfer of net salaries.
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Article 26

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Representatives of the Contracting Parties shall, while exercising their functions and in the course of their journeys to and from the place of meeting, enjoy inviolability for all their official papers and documents.

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Article 27

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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.

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Article 28

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1.The contractual liability of the Organisation shall be governed by the law applicable to the contract concerned.
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2.With regard to non-contractual liability, the Organisation shall make reparation for damage caused by the negligence of its organs, or of its servants in the scope of their employment, in so far as that damage can be attributed to them. The foregoing provision shall not preclude the right to other compensation under the national law of the Contracting Parties.
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Article 29

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1.(a) The installations of the Organisation shall be inviolable. The property and assets of the Organisation shall be exempt from any measure of requisition, expropriation or confiscation. (b) The archives of the Organisation and all official papers and documents belonging to it shall be inviolable, wherever located.
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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.
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3.Nevertheless, in order to enable judicial inquiries to be carried out and to ensure the execution of judicial decisions in their respective territories, the competent authorities of the State in which the Organisation has its headquarters and of other States in which installations and archives of the Organisation are located shall, after having informed the Director General of the Agency, have access to such installations and archives.
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Article 30

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1.The Organisation shall collaborate at all times with the competent authorities of the Contracting Parties in order to facilitate the good administration of justice, to ensure the observance of police regulations and to prevent any abuse to which the privileges, immunities, exemptions or facilities specified in this Convention could give rise.
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2.The Organisation shall facilitate, as far as possible, the execution of public works inside or in the vicinity of any immovable property allocated for its use in the territories of the Contracting Parties.
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Article 31

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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 concerned shall be binding on the Agency, which shall take all necessary measures to ensure the application of such agreements and regulations.

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Article 32

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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 concerned may be able to verify that international agreements and national regulations are being applied.

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Article 33

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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.

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Article 34

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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.
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2.The number of arbitrators shall be three.
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3.The place of arbitration shall be The Hague. The International Bureau of the Permanent Court of Arbitration shall serve as Registrar, and shall provide such administrative services as the Permanent Court of Arbitration shall direct.
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4.The decisions of the Permanent Court of Arbitration shall be binding on the Parties to the dispute.
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Article 35

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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.
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2.Without prejudice to the application of the provisions of Annex IV for the enforced recovery of route charges, proceedings shall be instituted in the Contracting Party: (a) where the defendant has his/her residence or registered office; (b) where the defendant has a place of business, if neither his/her residence nor his/her registered office is situated in the territory of a Contracting Party; (c) in the absence of the grounds of jurisdiction set out in sub-paragraphs (a) and (b) above, where the defendant has assets; (d) in the absence of the grounds of jurisdiction set out in sub-paragraphs (a) to (c) above, where EUROCONTROL has its headquarters.
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Article 36

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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.
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2.The tax provisions set out in Annex III and Articles 1 to 15 of the provisions relating to the common route charges system set out in Annex IV shall not be subject to amendment by the General Assembly.
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3.Each Contracting Party shall be bound by Annex IV for a period of five years from the date on which this Convention enters into force. The five-year period shall be extended automatically for further five-year periods. A Contracting Party which has notified the General Assembly in writing, not less than two years before the expiry of the five-year period, that it does not consent to the extension of the period, shall cease to be bound by Annex IV at the expiry of this five-year period.
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4.The rights and obligations of the withdrawing Contracting Party may be determined if necessary in a special agreement concluded between it and the Organisation.
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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.

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5.The Contracting Party which is no longer bound by Annex IV may at any time request the General Assembly in writing to be bound once more by Annex IV. The Contracting Party in question shall again be bound by Annex IV six months after the day on which the General Assembly accepts the said request by unanimity of the votes cast by the Contracting Parties participating in the common system. The Contracting Party concerned shall be bound by Annex IV for a period of five years from the day on which it became bound. This period shall be extended automatically subject to the same conditions as those set out in paragraph 3 above.
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Article 37

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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.

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Article 38

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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.
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2.Once the Convention as thus extended has been in force for twenty years, any Contracting Party may terminate application, as far as it is concerned, of the Convention by giving written notification to the Government of the Kingdom of Belgium, which shall inform the Governments of the other Contracting States of such notification.
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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.

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3.The rights and obligations, in particular of a financial nature, of the withdrawing Contracting Party shall be determined in a special agreement concluded between it and the Organisation.
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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.

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4.The Organisation may be dissolved if the number of Contracting Parties is reduced to less than 50% of the Parties signatories to the aforesaid 1997 Protocol, subject to a decision of the General Assembly carried by unanimity of the votes cast.
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5.If, in application of the above, the Organisation is dissolved, its legal personality and capacity, within the meaning of Article 4, shall continue to exist for the purposes of winding up the Organisation.
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Article 39

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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.
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2.The President of the General Assembly shall notify the non-signatory State of the decision to accept the accession.
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3.The instrument of accession shall be deposited with the Government of the Kingdom of Belgium which shall notify the Governments of the other signatory and acceding States.
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4.Accession shall take effect from the first day of the second month following the deposit of the instrument of accession.
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Article 40

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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.
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2.The instrument of accession shall be deposited with the Government of the Kingdom of Belgium which shall notify the other Parties.
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3.Accession of a regional economic integration organisation shall take effect from the first day of the second month following the deposit of the instrument of accession, provided that the additional Protocol referred to in paragraph 1 above has entered into force.
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The present consolidated text of the enacting terms of the Convention and its Annexes are drawn up in the German, English, Bulgarian, Croatian, Danish, Spanish, French, Greek, Hungarian, Italian, Dutch, Norwegian, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Turkish languages. In accordance with the final provision of the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, the final provision of the Protocol of 12 February 1981 amending the aforesaid Convention as well as the final provision of the Protocol opened for signature atBrussels in 1997 consolidating the aforesaid Convention, as variously amended, the text in the French language shall prevail, in the event of any inconsistency between the texts.

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ANNEX I STATUTE OF THE AGENCY Statute of the Agency

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Article 1

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1.The Agency shall be the organ responsible for achieving the objectives and performing the tasks laid down in the Convention or set by the General Assembly or by the Council and their subsidiary bodies. It shall initiate and submit proposals to the relevant bodies related to the exercise of the various functions and the performance of the various tasks of these bodies as well as to other tasks delegated to the Organisation. It shall also provide support to the General Assembly and the Council and their subsidiary bodies in the execution of their supervisory functions.
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2.In the performance of its tasks, the Agency may be assisted, where necessary, by civil and military experts appointed by States or by the service providers' organisations concerned.
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3.The Agency shall act as the focal point for intergovernmental co-operation and coordination in the field of air navigation. It shall submit proposals and provide the necessary support with a view to convergence towards, and implementation of, a uniform European air traffic management system.
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4.In particular, it shall provide regulatory, information, support and advisory services to the Contracting Parties, and, on the basis of agreements pursuant to Article 2 of the Convention, to recognised international organisations and to non‑Contracting States.
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5.In particular, the Agency shall: (a) coordinate the implementation plans of the Contracting Parties to ensure convergence towards a uniform European air traffic management system; (b) examine matters in the field of air navigation under study by the International Civil Aviation Organization (ICAO) and other international organisations concerned with civil aviation and coordinate and submit amendments to ICAO documents; (c) develop proposals for detailed planning for the harmonisation and integration of the air traffic services and systems, in particular the ground and airborne components of air navigation systems of the Contracting Parties, with a view to the establishment of a uniform European air traffic management system; (d) develop proposals concerning the arrangements for the strategic planning and design of routes and supporting airspace structures, in coordination with civil and military experts appointed by States; (e) develop proposals for the harmonisation of air traffic services regulations, develop coordinated or common policies to improve air traffic management at and around airports and support the improvement of efficiency and flexibility in the use of airspace between civil and military users; (f) make proposals or play an advisory role in all aspects of policy and planning. Its scope is not limited to en-route air traffic management but enlarged to cater for an integrated “gate-to-gate” approach to air traffic management. It is assisted by national experts in preparing these proposals; (g) study and promote measures for improving cost-effectiveness and efficiency in the field of air navigation; (h) develop common criteria, procedures and methods to ensure the highest efficiency and quality of air traffic management systems and air traffic services; (i) coordinate Research, Development, Trials and Evaluation (RDTE) programmes of national air traffic management organisations, including the collection and dissemination of results; (j) conduct common studies, tests and applied research as well as other technical developments; (k) define, design, develop, validate and organise the implementation of a uniform system for European air traffic management under the aegis of the Council.
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6.When the Agency provides air navigation services, its aim shall be: (a) to prevent collisions between aircraft; (b) to ensure the orderly and expeditious flow of air traffic; (c) to provide advice and information conducive to the safe and efficient conduct of flights; (d) to notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required.
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7.The Agency shall work in close collaboration with the users’ organisations in order to meet as efficiently and economically as possible the requirements of civil aviation. It shall work in close collaboration with the military authorities to meet, under the same conditions, the special requirements of military aviation.
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8.For the accomplishment of its task, the Agency may, among other things, construct and operate the buildings and installations it requires. However, it shall call upon national technical services and make use of existing national installations whenever this is technically and economically justified, in order to avoid any duplication.
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Article 2

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1.Subject to the powers conferred upon the General Assembly and the Council, the Agency shall be managed by a Director General who shall enjoy wide management independence with regard to the implementation, utilisation and efficient operation of the technical, financial and personnel resources placed at his disposal. To this end, he/she shall take the measures which he/she deems necessary in order to fulfil his/her obligations.
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2.Nevertheless, the Director General shall, with a view to submission for approval by the Council in accordance with the provisions of the Convention: (a) elaborate annual and five-year work programmes stating the impact on the trends in the costs and unit rates; (b) draw up the five-year financial plan and the budget including the financial obligations, and, as provided for in Annex IV, the unit rates and tariffs; (c) present an annual report to the Council on the activities and financial position of the Organisation; (d) present the principles governing the general structure of the Agency, the details of this structure being the sole responsibility of the Director General.
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3.Furthermore, the Director General shall: (a) submit reports at regular intervals and seek instructions from the Council whenever there is a risk of the objectives not being achieved, of the deadlines or financial ceilings being exceeded, or in the event of major changes to programmes; (b) negotiate the agreements referred to in Article 2 of the Convention, within the framework of the directives issued by the Council.
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Article 3

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The Director General shall draw up and submit for the Council's approval, the Contract Regulations relating to: (a) the letting of contracts for the supply of goods and services to the Organisation; (b) the supply of goods and services by the Organisation; (c) the sale or disposal of surplus assets.

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Article 4

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The Director General shall draw up, and submit for the Council's approval, the Financial Regulations, which shall determine, in particular, the conditions governing payment of national contributions, as well as the terms on which loans may be raised by the Agency, and will ensure proper financial management, including internal audit.

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Article 5

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1.Without prejudice to the right of the Contracting Parties to submit proposals, the Director General shall draw up and submit for the Council's approval, the Agency's Staff Regulations: (a) they shall include, in particular, provisions relating to the nationality of personnel, selection and recruitment procedures and principles, salary scales, pensions, internal tax, disqualification for office, professional secrecy and continuity of the service; (b) the Agency's staff shall be recruited from among nationals of the Contracting Parties. Personnel from non-Contracting States may be employed pursuant to the agreements provided for in Article 2.3 of the Convention, or in exceptional cases by duly substantiated decision of the Director General.
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2.The Administrative Tribunal of the International Labour Organisation shall have sole jurisdiction in disputes between the Organisation and the personnel of the Agency, to the exclusion of the jurisdiction of all other courts and tribunals, national or international.
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Article 6

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1.The Director General shall be appointed for a term of office of five years by the General Assembly by a majority of the votes cast, on condition that the said majority attains three-quarters of the weighted votes cast according to the weighting provided for in Article 11 of the Convention and at least three-quarters of the Contracting Parties casting a vote. His/her term of office may be renewed once in the same manner. The Statute of the Director General shall be approved by the Council.
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2.The Director General shall represent the Organisation in legal proceedings and for all civil purposes.
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3.Furthermore, in conformity with the policies adopted by the General Assembly and the Council, the Director General: (a) may appoint the staff and may terminate their services in accordance with the Staff Regulations; appointments to Grade A1 and A2 functions for a term of office of five years normally, renewable once, shall be subject to approval by the Council; (b) may borrow money in accordance with the Financial Regulations and within the limits determined for that purpose by the Council; (c) may enter into contracts in accordance with the Contract Regulations referred to in Article 3 and within the limits determined for that purpose by the Council; (d) shall draw up and submit for the Council's approval the Regulation on data protection provided for in Article 7.2(l) of the Convention; (e) shall draw up and submit for the Council’s approval the rules and procedures applicable to standards, specifications and practices for air traffic management systems and services.
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4.The Director General may discharge the aforesaid functions without prior reference to the Council, but he/she shall keep the Council informed of all measures taken in the exercise of the aforesaid powers.
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5.The Council shall determine the conditions under which a substitute for the Director General may be appointed should he/she be unable to perform his/her duties.
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Article 7

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1.The Budget shall be balanced as between receipts and expenditure.
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Estimates of all receipts and expenditure of the Agency shall be prepared for each financial year.

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2.The financial year shall begin on 1 January and end on 31 December.
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3.The draft budget and draft five-year financial plan shall be submitted by the Director General for the approval of the Council not later than 31 October of the preceding year.
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Article 8

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1.The Organisation may borrow on the international financial markets in order to obtain the necessary resources for the accomplishment of its tasks.
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2.The Organisation may issue loans on the financial markets of a Contracting Party in accordance with national law relating to internal loans, or, in the absence of such law, with the agreement of the Contracting Party.
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3.The Financial Regulations shall determine the procedures by which the Organisation raises and repays loans.
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4.Each budget and each five-year financial plan shall specify the maximum amount which the Organisation may borrow during the years covered by that budget and the five-year financial plan.
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5.In matters falling within the scope of this article, the Organisation shall act in agreement with the competent authorities of the Contracting Parties or with their banks of issue.
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Article 9

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The budget and the five-year financial plan may be revised during the financial year, if circumstances so require, in accordance with the requirements prescribed for their preparation and approval.

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Article 10

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1.The accounts of all the Agency budgetary receipts and expenditure, and the Agency’s financial management, shall be audited annually by an Audit Board.
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2.The Audit Board shall be assisted in its work by external consultant auditors. The outside firm of consultant auditors shall be appointed by the Council for a three-year term in accordance with Article 7.2(f) of the Convention.
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3.The purpose of the audit carried out by the Audit Board, with the assistance of external consultant auditors, shall be to establish the regular nature of receipts and expenditure and to ensure sound financial management. The Audit Board shall submit to the Council at the close of each financial year a report incorporating the Agency’s comments. The Council may direct the Agency to take any appropriate measures recommended in the audit report, in pursuance of Article 7.2(a) of the Convention.
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4.The Audit Board shall ensure that an appropriate internal control mechanism is put in place within the Agency, which is in line with sound corporate practice and management.
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5.The Audit Board may review other financial issues relating to the Agency in line with its Terms of Reference.
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Article 11

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1.Administrative or technical inspections of the services of the Agency may be carried out, if so required by the Council, acting either on its own initiative or at the request of the Director General.
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2.Such inspections shall be made by officers of the administrations of the Contracting Parties, with external assistance if required. Each inspection committee shall consist of at least two persons of different nationalities and should include as far as possible a person who has taken part in a previous inspection.
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Article 12

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The Council shall determine the working languages of the Agency.

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Article 13

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The Agency shall issue the publications necessary for its operation.

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Article 14

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All draft amendments of the Statute shall be submitted for the approval of the General Assembly pursuant to the provisions of Article 6.1(d) of the Convention.

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ANNEX II FLIGHT INFORMATION REGIONS Flight Information Regions Federal Republic of Germany Berlin Upper Flight Information Region Hannover Upper Flight Information Region Rhein Upper Flight Information Region Bremen Flight Information Region Düsseldorf Flight Information Region Frankfurt Flight Information Region München Flight Information Region Berlin Flight Information Region Republic of Austria Wien Flight Information Region Kingdom of Belgium - Grand Duchy of Luxembourg Bruxelles Upper Flight Information Region Bruxelles Flight Information Region Republic of Bulgaria Sofia Flight Information Region Varna Flight Information Region Republic of Cyprus Nicosia Flight Information Region Republic of Croatia Zagreb Flight Information Region Kingdom of Denmark København Flight Information Region Kingdom of Spain Madrid Upper Flight Information Region Madrid Flight Information Region Barcelona Upper Flight Information Region Barcelona Flight Information Region Islas Canarias Upper Flight Information Region Islas Canarias Flight Information Region French Republic - Principality of Monaco (*) France Upper Flight Information Region Paris Flight Information Region Brest Flight Information Region Bordeaux Flight Information Region Marseille Flight Information Region (*) Reims Flight Information Region United Kingdom of Great Britain and Northern Ireland Scottish Upper Flight Information Region Scottish Flight Information Region London Upper Flight Information Region London Flight Information Region Hellenic Republic Athinai Upper Flight Information Region Athinai Flight Information Region Republic of Hungary Budapest Flight Information Region Ireland Shannon Upper Flight Information Region Shannon Flight Information Region Shannon Oceanic Transition Area enclosed by the following co‑ordinates: 51° North 15° West, 51° North 8° West, 48° 30′ North 8° West, 49° North 15° West, 51° North 15° West at and above FL55 Italian Republic Milano Upper Flight Information Region Roma Upper Flight Information Region Brindisi Upper Flight Information Region Milano Flight Information Region Roma Flight Information Region Brindisi Flight Information Region Republic of Malta Malta Flight Information Region Kingdom of Norway Oslo Upper Flight Information Region Stavanger Upper Flight Information Region Trondheim Upper Flight Information Region Bodø Upper Flight Information Region Oslo Flight Information Region Stavanger Flight Information Region Trondheim Flight Information Region Bodø Flight Information Region Bodø Oceanic Flight Information Region Kingdom of the Netherlands

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Amsterdam Flight Information Region Portuguese Republic Lisboa Upper Flight Information Region Lisboa Flight Information Region Santa Maria Flight Information Region Romania Bucuresti Flight Information Region Slovak Republic Bratislava Flight Information Region Republic of Slovenia Ljubljana Flight Information Region Kingdom of Sweden Malmö Upper Flight Information Region Stockholm Upper Flight Information Region Sundsvall Upper Flight Information Region Malmö Flight Information Region Stockholm Flight Information Region Sundsvall Flight Information Region Swiss Confederation Switzerland Upper Flight Information Region Switzerland Flight Information Region Czech Republic Praha Flight Information Region Republic of Turkey Ankara Flight Information Region Istanbul Flight Information Region ANNEX III TAX PROVISIONS Tax provisions

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Article 1

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1.Without prejudice to the exonerations provided for in Articles 22 and 23 of the Convention, when the Organisation in the exercise of its official activities makes substantial acquisitions of property or employs services of substantial value in respect of which indirect duties, taxes or charges (including such duties, taxes or charges levied on importation other than those referred to in Article 23.1 of the Convention) have been paid or are payable, the Governments of the Member States shall, whenever possible, take appropriate action to offset the effect on the Organisation of such duties, taxes or charges by means of an adjustment of the financial contributions to the Organisation or by means of remission or of reimbursement to the Organisation of the amount of the duties, taxes or charges.
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2.With regard to payments by the Organisation to Member States in respect of capital investments made by those States, in so far as the cost thereof is to be refunded by the Organisation, the said States shall ensure that their statements of the amounts in question submitted to the Organisation do not include duties, taxes or charges from which the Organisation would have been exempt or which would be refunded to it or which would be the subject of an adjustment of the financial contributions to the Organisation if the Organisation had made those investments itself.
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3.The provisions of this Article shall not apply in respect of duties, taxes or charges collected as payment for public utility services.
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Article 2

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Property acquired by the Organisation to which Article 1.1 applies may not be sold or otherwise disposed of except in accordance with conditions laid down by the Governments of the States concerned.

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Article 3

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1.The Director General of the Agency and the Staff members of the Organisation shall be subject to a tax for the benefit of the Organisation on salaries and emoluments paid by the Organisation in accordance with the rules and conditions determined by the General Assembly. Such salaries and emoluments shall be exempt from national income tax.
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The Member States may, however, take into account salaries and emoluments exempted from national income tax when assessing the amount of the tax payable on other income of those in receipt of the said salaries and emoluments.

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2.Paragraph 1 shall not apply to pensions and annuities paid by the Organisation.
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3.The names, titles, addresses as well as remunerations and where appropriate pensions of employees and former employees to whom the provisions of paragraphs 1 and 2 of the present article are applicable shall be communicated periodically to the Member States.
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Article 4

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For the purpose of this Annex, the Organisation shall act in concert with the relevant authorities of the Member States concerned.

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Article 5

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1.This Annex shall replace the Additional Protocol to the Convention signed at Brussels on 6 July 1970, as amended by the Protocol signed at Brussels on 21 November 1978, both in turn amended by Article XXXVIII of the Protocol signed at Brussels on 12 February 1981 amending the Convention.
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2.Notwithstanding the provisions of paragraph 1 above, obligations under Article 3 of the Additional Protocol of 6 July 1970 shall remain binding until the relevant claims and commitments have been fully discharged.
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ANNEX IV PROVISIONS RELATING TO THE COMMON ROUTE CHARGES SYSTEM Provisions relating to the common route charges system

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Article 1

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The Contracting Parties agree to continue to administer a joint system for the establishment, billing and collection of route charges as a single charge per flight and to use for this purpose the services of EUROCONTROL.

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Article 2

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The Organisation shall establish, bill and collect the route charges levied on users of en route air navigation services on a proposal from the Contracting Parties participating in the common route charges system.

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Article 3

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In matters relating to route charges, the Council shall be the body responsible for determining the arrangements for giving effect to the General Assembly's decisions in route charge matters and supervising the Agency's tasks in this field.

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The Council shall inter alia: (a) prepare decisions for the General Assembly in route charge policy matters; (b) determine the unit of account in which route charges are expressed; (c) determine, in accordance with decisions taken on the basis of Article 6.2 of the Convention, the conditions of application of the system, including the conditions of payment, as well as the unit rates and tariffs and the period during which they are to apply; (d) approve reports relating to EUROCONTROL route charges activities; (e) adopt the Financial Regulations applicable to the Route Charges System; (f) approve the budgetary annexes relating to EUROCONTROL route charges activities.

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Article 4

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The route charges indicated on the bill issued by the Organisation shall constitute a single charge due in respect of each flight, which shall constitute a single claim by EUROCONTROL, payable at its Headquarters.

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Article 5

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1.The charge shall be payable by the person who was the operator of the aircraft at the time when the flight was performed. The charge shall attach as a lien to the aircraft which incurred the charge, irrespective of in whose hands it may be, if the law of the Contracting Party concerned so permits.
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2.Where an ICAO designator or any other recognised designator is used in identification of the flight, EUROCONTROL may deem the operator to be the aircraft operating agency to whom the ICAO designator was allocated or was in the process of allocation at the time of the flight or identified in the filed flight plan or identified by use of that ICAO or other recognised designator in communication with air traffic control or by any other means.
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3.If the identity of the operator is not known, the owner of the aircraft shall be regarded as the operator unless he/she proves which other person was the operator.
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4.The operator and the owner of the aircraft shall be jointly and severally liable to pay the charge, if the law of the Contracting Party concerned so permits.
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Article 6

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1.Where the amount due has not been paid, measures may be taken to enforce recovery, including detention and sale of aircraft, if the law of the Contracting Party where the aircraft has landed so permits.
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2.Measures may also include, at EUROCONTROL's request, the review by a Contracting Party or any competent body of the administrative authorisation connected with air transport or air traffic management issued to a person liable to pay the charge, if the relevant legislation so provides.
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Article 7

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1.Proceedings for recovery of the amount due shall be instituted either by EUROCONTROL or, at EUROCONTROL's request, by a Contracting Party, or by any body authorised for that purpose by a Contracting Party.
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2.Recovery shall be effected by judicial or administrative procedure.
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3.Each Contracting Party shall inform EUROCONTROL of the procedures applied in that State and of the competent courts, tribunals or administrative authorities.
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Article 8Recovery proceedings shall be instituted in the territory of the Contracting Party:

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(a) where the debtor has his/her residence or registered office; (b) where the debtor has a place of business, if neither his/her residence nor his/her registered office is situated in the territory of a Contracting Party; (c) where, in the absence of the grounds of jurisdiction set out in sub-paragraphs (a) and (b) above, the debtor has assets; (d) where EUROCONTROL has its headquarters, in the absence of the grounds of jurisdiction set out in sub-paragraphs (a) to (c) above.

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Article 9

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1.The provisions of Articles 5, 6, 7 and 8 shall not prevent any Contracting Party, or any body authorised by a Contracting Party, acting at the request of EUROCONTROL, from proceeding with the recovery of the amount due by the detention and sale of aircraft in accordance with the administrative or judicial procedure of the relevant Contracting Party.
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2.The power so to detain and sell shall extend to the equipment, spare parts, fuel, stores and documents of the aircraft detained or sold.
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3.The validity and effect of detention and sale shall be determined by the law of the Contracting Party where the detention has been effected.
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Article 10

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EUROCONTROL shall have the capacity to institute proceedings before the competent courts, tribunals and administrative authorities of States not parties to the Convention.

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Article 11

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The following decisions taken in a Contracting Party shall be recognised and enforced in the other Contracting Parties: (a) final decisions of a court or tribunal; (b) decisions of an administrative authority which have been subject to review by a court or tribunal, but are no longer so, either because the court or tribunal has dismissed the appeal by a final decision, or because the appeal has been withdrawn, or because the time for lodging the appeal has expired.

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Article 12The decisions referred to in Article 11 shall not be recognised or enforced in the following cases:

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(a) if the court, tribunal or administrative authority of the Contracting Party of origin was not competent in accordance with Article 8; (b) if the decision is contrary to public policy of the Contracting Party addressed; (c) if the debtor did not receive notice of the decision of the administrative authority or of the institution of the proceedings in sufficient time to enable him/her to defend the case or to appeal to a court or a tribunal; (d) if proceedings relating to the same route charges have been previously instituted and are still pending before a court, tribunal or an administrative authority of the Contracting Party addressed; (e) if the decision is incompatible with a decision relating to the same route charges given in the Contracting Party addressed; (f) if the court, tribunal or administrative authority of the Contracting Party of origin, in order to arrive at its decision, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the Contracting Party addressed, unless the same result would have been obtained by the application of the rules of private international law of that Contracting Party.

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Article 13

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The decisions referred to in Article 11, if enforceable in the Contracting Party of origin, shall be enforced in accordance with the law of the Contracting Party addressed. If necessary, an order of enforcement shall on request be issued by a court, tribunal or an administrative authority of the Contracting Party addressed.

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Article 141. The request shall be accompanied by:

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(a) a certified copy of the decision; (b) in the case of a decision of a court or tribunal rendered by default, the original or a certified copy of a document establishing that notice of the institution of the proceedings was duly served on the debtor; (c) in the case of an administrative decision, a document establishing that the requirements of Article 11 have been met; (d) a document establishing that the decision is enforceable in the Contracting Party of origin and that the debtor has received notice of the decision in due time.

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2.A duly certified translation of the documents shall be supplied if the court, tribunal or administrative authority of the Contracting Party addressed so requires. No legalisation or similar formality shall be required.
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Article 15

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1.The request can be rejected only for one of the reasons set forth in Article 12. In no case may the decision be reviewed on its merits in the Contracting Party addressed.
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2.The procedure for the recognition and enforcement of the decision shall be governed by the law of the Contracting Party addressed insofar as the Convention does not otherwise provide.
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Article 16

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The amount collected by EUROCONTROL shall be paid to the Contracting Parties in accordance with the decisions of the Council.

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Article 17

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Where the claim is recovered by a Contracting Party, the amount collected shall be paid without delay to EUROCONTROL, which shall proceed in accordance with Article 16. The recovery costs incurred by that Contracting Party shall be charged to EUROCONTROL.

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Article 18

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The competent authorities of the Contracting Parties shall co-operate with EUROCONTROL in the establishment and collection of route charges.

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Article 19

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If the Council decides unanimously to abandon recovery of a charge, the Contracting Parties concerned may take whatever action they deem fit. In such a case, the provisions of the Convention relating to recovery and to recognition and enforcement of decisions shall cease to apply.

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ADDITIONAL PROTOCOL concerning the replacement of the Multilateral Agreement relating to Route Charges of 12 February 1981 by the relevant provisions of the consolidated text of the EUROCONTROL International Convention relating to Co-operation for the Safety of Air navigation as amended at Brussels in 1997, including its Annex IV ADDITIONAL PROTOCOL concerning the replacement of the Multilateral Agreement relating to Route Charges of 12 February 1981 by the relevant provisions of the consolidated text of the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation as amended at Brussels in 1997, including its Annex IV 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, Hereinafter called “the National Contracting Parties”, THE EUROPEAN ORGANISATION FOR THE SAFETY OF AIR NAVIGATION, Hereinafter called “EUROCONTROL”, Having regard to the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation amended in Brussels in 1981, and in particular its articles 6.3, 7.2, 11 and 12;

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Having regard to Measure No. 85/43 taken by the Permanent Commission of EUROCONTROL regarding the conclusion of the present Additional Protocol;

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Whereas the National Contracting Parties are this day signing a Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as variously amended (hereinafter called “the Protocol”);

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Whereas EUROCONTROL is, with the National Contracting Parties, party to the Multilateral Agreement relating to Route Charges of 12 February 1981 (hereinafter called “the Multilateral Agreement”);

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Whereas, however, the Protocol is open for signature only by the National Contracting Parties and by any other State invited to the Diplomatic Conference at which it was adopted and any other State authorised to sign it by the Permanent Commission of EUROCONTROL;

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Whereas pursuant to Article IV of the Protocol, once the latter enters into force the Multilateral Agreement shall be terminated and replaced by the relevant provisions of the consolidated text of the Convention annexed to the Protocol, including its Annex IV;

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Whereas such a substitution is possible only with the consent of all the Parties;

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Have agreed as follows:

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Article 1

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With effect from the entry into force of the Protocol of 27 June 1997 consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as variously amended, the Multilateral Agreement relating to Route Charges of 12 February 1981 shall be terminated.

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Article 2

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The Government of the Kingdom of Belgium shall have the present Additional Protocol registered with the Secretary-General of the United Nations as provided for in Article 102 of the Charter of the United Nations and with the Council of the International Civil Aviation Organisation as provided for in Article 83 of the Convention on International Civil Aviation signed in Chicago on 7 December 1944.

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

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DONE in 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 be deposited in the archives of the Government of the Kingdom of Belgium, which shall transmit certified copies to the signatories. In the event of any inconsistency, the text in the French language shall prevail.

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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, For EUROCONTROL.

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SCHEDULE 2

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Section 2

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.

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FINAL ACT OF THE DIPLOMATIC CONFERENCE ON THE PROTOCOL ON THE ACCESSION OF THE EUROPEAN COMMUNITY TO THE EUROCONTROL INTERNATIONAL CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION OF 13 DECEMBER 1960, AS VARIOUSLY AMENDED AND AS CONSOLIDATED BY THE PROTOCOL OF 27 JUNE 1997 (Brussels, 8 October 2002) THE PLENIPOTENTIARIES OF THE REPUBLIC OF ALBANIA, 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 REPUBLIC OF FINLAND, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE HELLENIC REPUBLIC, THE REPUBLIC OF HUNGARY, IRELAND, THE ITALIAN REPUBLIC, THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA, THE GRAND DUCHY OF LUXEMBOURG, THE REPUBLIC OF MALTA, THE REPUBLIC OF MOLDOVA, 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, AND THE EUROPEAN COMMUNITY, Assembled at Brussels on 8 October 2002;

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1 Have unanimously adopted the text of a Protocol set out in Annex to the present Final Act and hereinafter called “the Accession Protocol”, on the accession of the European Community to the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as variously amended, and as consolidated by the Protocol opened for signature on 27 June 1997, hereinafter called “the revised Convention”. The said Accession Protocol has been opened for signature at Brussels on 8 October 2002.

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2 Have adopted the following resolutions regarding respectively the ratification, acceptance or approval by the Contracting Parties at their earliest convenience of the Accession Protocol and the early implementation of the Accession Protocol;

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The Conference:

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Assembled at Brussels on 8 October 2002;

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Having unanimously adopted the Protocol, hereinafter called “the Accession Protocol”, on the accession of the European Community to the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as variously amended, and as consolidated by the Protocol opened for signature on 27 June 1997, hereinafter called “the revised Convention”;

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I.Resolution urging Contracting Parties to ratify,accept or approve the Accession Protocol at their earliest convenience Considering that the accession of the European Community will significantly contribute to the aims and tasks of EUROCONTROL on the terms and conditions contained in the Accession Protocol;

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Recalling the resolution adopted by the Diplomatic Conference of 27 June 1997 on the Protocol consolidating the EUROCONTROL Convention urging the Contracting Parties to the EUROCONTROL Convention to ratify the above-mentioned Protocol of 27 June 1997 at their earliest convenience;

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Agreeing on the importance of an entry into force of the revised Convention and of the Accession Protocol as soon as possible;

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Urges the signatories to the Accession Protocol to ratify, accept or approve that Protocol as soon as possible.

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Requests the Director General of EUROCONTROL to take all practical measures, in co-operation with the signatory States and the European Community, to provide assistance, if requested, in the process of ratification, acceptance or approval of the Accession Protocol.

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II.Resolution on early implementation of the Accession Protocol Having noted the Resolution on early implementation of the Consolidating Protocol adopted by the Diplomatic Conference on the adoption of that Protocol on 27 June 1997;

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Considering the importance of a smooth and efficient implementation of the Accession Protocol;

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Urges all States and the European Community to develop, to the fullest extent possible, arrangements for the early implementation of certain provisions of the Accession Protocol.

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3 Have adopted the following joint declarations on the absence of Community competence in the fields of national security and defence and on RTDE co-ordination:

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I.Joint declaration on the absence of Community competence in the fields of national security and defence The signatories to the Protocol on the accession of the European Community to the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as variously amended, and as consolidated by the Protocol opened for signature on 27 June 1997, hereinafter called “the revised Convention”, Having noted that the European Community has at present no competence with regard to defence and security policies;

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Taking note of the role of EUROCONTROL as contained in the provisions of the revised Convention relating to military issues;

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Agree that:

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If the competence of the European Community were to be extended to those matters there would be a need to review whether this radically transforms the extent of their obligations under the revised Convention and whether therefore the Protocol in its present form can be applied to those matters.

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II.Joint declaration on RTDE co-ordination The signatories to the Protocol on the accession of the European Community to the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as variously amended, and as consolidated by the Protocol opened for signature on 27 June 1997, hereinafter called “the revised Convention”, Having examined the provisions of the revised Convention relating to the co-ordination of research, technological development and evaluation (RTDE) activities in the fields covered by that Convention;

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Having noted that Article 2.1.(h) of the revised Convention is applicable to the co-ordination of RTDE activities between EUROCONTROL and its Contracting Parties;

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Having noted that the co-ordination organised by the EUROCONTROL Agency under Article 1.5 (i) of its Statute concerns its own RTDE activities and those of ATM Organisations;

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Agree that:

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-the “co-ordination of RTDE activities” is the exchange of views, information and experience about RTDE programmes and activities in the area of air traffic management; its main objectives are to promote complementarity and to avoid duplication of work;
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-in co-ordinating their RTDE activities, all parties involved shall respect the overall objectives, competencies, administrative, managerial and budgetary responsibilities and the procedures of their respective institutions or bodies entrusted with the execution of RTDE programmes, as well as their rules governing participation, dissemination and intellectual property rights;
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-the Contracting Parties shall remain free to decide on their RTDE strategies, programmes and projects in accordance with their own internal procedures.
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4 Have noted the following joint declaration by the States signatories to the Consolidating Protocol and this Final Act:

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III.Joint declaration regarding the entry into force of the Consolidating Protocol and the Accession Protocol, and regarding further signatures to the Accession Protocol The States signatories to the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as variously amended, opened for signature on 27 June 1997, hereinafter called “the Consolidating Protocol”, and signatories to the Final Act of the Diplomatic Conference on the Protocol on the accession of the European Community to the EUROCONTROL Convention, opened for signature on 8 October 2002, hereinafter called “the Accession Protocol”;

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Desirous to clarify the conditions regarding the entry into force of the consolidating Protocol and the Accession Protocol;

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Confirm their interpretation of Article II, paragraph 3, of the Consolidating Protocol to the effect that the aforesaid Protocol shall enter into force when all States that are parties to the EUROCONTROL Convention on 8 October 2002, have deposited their instruments of ratification, acceptance or approval of the Consolidating Protocol.

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Agree that EUROCONTROL shall take the appropriate steps to ensure, when considering a request for accession to the EUROCONTROL Convention and for an authorisation to sign the Consolidating Protocol, that adequate commitments are made for signature and for ratification, acceptance or approval, of the Accession Protocol.

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PROTOCOL ON THE ACCESSION OF THE EUROPEAN COMMUNITY TO THE EUROCONTROL INTERNATIONAL CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION OF 13 DECEMBER 1960, AS VARIOUSLY AMENDED AND AS CONSOLIDATED BY THE PROTOCOL OF 27 JUNE 1997 THE REPUBLIC OF ALBANIA, 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 REPUBLIC OF FINLAND, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE HELLENIC REPUBLIC, THE REPUBLIC OF HUNGARY, IRELAND, THE ITALIAN REPUBLIC, THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA, THE GRAND DUCHY OF LUXEMBOURG, THE REPUBLIC OF MALTA, THE REPUBLIC OF MOLDOVA, 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, AND THE EUROPEAN COMMUNITY, Having regard to 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, and as amended and consolidated by the Protocol of 27 June 1997, hereinafter referred to as “the Convention”, and in particular Article 40 thereof;

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Having regard to the responsibilities granted by the Treaty establishing the European Community of 25 March 1957, as revised by the Amsterdam Treaty of 2 October 1997, to the European Community in certain areas covered by the Convention;

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Whereas the European Community Member States, Members of EUROCONTROL, when adopting the Protocol consolidating the Convention which was opened for signature on 27 June 1997, declared that their signature was 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;

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Whereas the purpose of the accession of the European Community to the Convention is to assist the European Organisation for the Safety of Air Navigation, hereinafter referred to as “EUROCONTROL”, in achieving its objectives as set out in the Convention, notably that of being a single and efficient body for Air Traffic Management policy-making in Europe;

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Whereas the European Community's accession to EUROCONTROL requires clarification of the way in which the provisions of the Convention will apply to the European Community and its Member States;

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Whereas the terms and conditions of the accession of the European Community to the Convention shall enable the Community to exercise within EUROCONTROL such competencies that have been transferred to it from its Member States;

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Whereas arrangements for greater co-operation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries, and such arrangements have yet to come into operation;

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HAVE AGREED AS FOLLOWS:

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Article 1

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The European Community, within the framework of its competence, accedes to the Convention on the terms and conditions laid down in this Protocol, in accordance with Article 40 of the Convention.

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Article 2

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For the European Community, within the framework of its competence, the Convention shall apply to en-route air navigation services and related approach and aerodrome services for air traffic in the Flight Information Regions of its Member States listed in Annex II to the Convention, which are within the limits of the territorial applicability of the Treaty establishing the European Community.

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The application of this Protocol to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

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Application of this Protocol to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 have come into operation. The Governments of Spain and the United Kingdom will inform the other Contracting Parties to this Protocol of such date of entry into operation.

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Article 3

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Subject to the provisions of this Protocol, provisions in the Convention shall be so interpreted as to also include the European Community within the framework of Community competence, and the various terms used to designate the Contracting Parties to the Convention and their representatives are to be understood accordingly.

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Article 4

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The European Community will not contribute to the budget of EUROCONTROL.

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Article 5

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Without prejudice to the exercise of its voting rights under Article 6, the European Community shall be entitled to be represented and involved in the work of all bodies of EUROCONTROL in which any of its Member States is entitled to be represented as a Contracting Party, and where matters falling within its competence may be dealt with, with the exception of bodies which have an audit function.

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In all bodies of EUROCONTROL where it may participate, the European Community will present its positions, within the framework of its competence, in accordance with its institutional rules.

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The European Community may not submit candidates for membership of elected EUROCONTROL bodies, nor may it submit candidates for office on the bodies in which it is entitled to participate.

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Article 6

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1 For decisions in matters where the European Community has exclusive competence and for the purpose of the application of the rules provided for in Article 8 of the Convention, the European Community shall exercise the voting rights of its Member States under the Convention, and the votes and weighted votes so cast by the European Community shall be cumulated for the determination of the majorities provided for in the said Article 8 of the Convention. When the Community votes, its Member States shall not vote.

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For the purpose of deciding on the number of Contracting Parties to the Convention required for a request for decision-making by a three-quarters majority, as stipulated at the end of the first sub-paragraph of Article 8.2, the Community shall be considered as representing its Member States, which are Members of EUROCONTROL.

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A decision proposed with respect to a specific item to be voted on by the European Community shall be postponed if a Contracting Party to the Convention that is not a member of the European Community so requests. The postponement shall be used for consultations between the Contracting Parties to the Convention, assisted by the EUROCONTROL Agency, on the decision proposed. In the event of such a request, the taking of the decision may be postponed for a maximum period of six months.

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2 For decisions in matters where the European Community has no exclusive competence, Member States of the European Community shall vote in accordance with their voting rights as provided for in Article 8 of the Convention, and the European Community shall not vote.

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3 The European Community shall inform on a case-by-case basis the other Contracting Parties to the Convention of the cases where, with regard to the various items of the agendas of the General Assembly, the Council and other deliberating bodies to which the General Assembly and the Council have delegated powers, it will exercise the voting rights provided for in paragraph 1 above. This obligation shall also apply when decisions are taken by correspondence.

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Article 7

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The scope of the competence transferred to the Community is indicated in general terms in a written declaration made by the European Community at the time of the signature of this Protocol.

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This declaration may be modified as appropriate by notification from the European Community to EUROCONTROL. It does not replace or in any way limit the matters that may be covered by the notifications of Community competence to be made prior to EUROCONTROL decision-making by means of formal voting or otherwise.

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Article 8

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Article 34 of the Convention shall apply to any dispute arising between two or more Contracting Parties to this Protocol or between one or more Contracting Parties to this Protocol and EUROCONTROL relating to the interpretation, application or performance of this Protocol, including its existence, validity and termination.

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Article 9

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1 This Protocol shall be opened for signature by all States signatories to the Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as variously amended, opened for signature on 27 June 1997, hereinafter referred to as “the Consolidating Protocol”, and the European Community.

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It shall also be open, prior to the date of its entry into force, for signature by any State, duly authorised to sign the Consolidating Protocol, in accordance with Article II of that Protocol.

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2 This Protocol shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of the Kingdom of Belgium.

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3 This Protocol shall enter into force when it has been ratified, accepted or approved, on the one hand, by all signatory States that are also signatories to the Consolidating Protocol and whose ratification, acceptance or approval is required for the entry into force of the Consolidating Protocol, and on the other hand, by the European Community, on the first day of the second month after the deposit of the last instrument of ratification, acceptance or approval, provided that the Consolidating Protocol has come into force on that date. Where this condition is not met, it shall enter into force on the same date as the Consolidating Protocol.

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4 This Protocol shall enter into force with respect to such signatories that have deposited their instruments of ratification, acceptance or approval after its entry into force on the first day of the second month following the deposit of the relevant instruments of ratification, acceptance or approval.

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5 The Government of the Kingdom of Belgium shall notify the Governments of the other signatory States of this Protocol and the European Community of each signature, each deposit of an instrument of ratification, acceptance or approval and each date of entry into force of this Protocol pursuant to paragraphs 3 and 4 above.

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Article 10

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Each accession to the Convention after its entry into force shall represent also consent to be bound by this Protocol. The provisions of Articles 39 and 40 of the Convention shall also apply to this Protocol.

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Article 11

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1 This Protocol shall remain in force for an indefinite period.

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2 If all EUROCONTROL Member States which are Members of the European Community withdraw from EUROCONTROL, notification of withdrawal from the Convention, as well as from this Protocol, shall be considered to have been given by the European Community together with the notification of withdrawal under Article 38.2 of the Convention of the last Member State of the European Community withdrawing from EUROCONTROL.

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Article 12

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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 Organization pursuant to Article 83 of the Convention on International Civil Aviation signed in Chicago on 7 December 1944.

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1O.J. No. L46, 17.2.2004, p.1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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