02011X0909(01) — EN — 18.03.2013 — 001.001

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Amended by:









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MEMORANDUM OF COOPERATION

between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation







THE EUROPEAN UNION (EU), and THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO), hereafter referred to as ‘the Parties’, RECALLING the Convention on International Civil Aviation signed at Chicago on 7 December 1944 (hereinafter referred to as the ‘Chicago Convention’) and in particular Articles 55(a) and 65 thereof, RECALLING the Treaty on the Functioning of the European Union and in particular Articles 218 and 220 thereof, BEARING IN MIND ICAO Assembly Resolution A1-10, which authorised the ICAO Council to make appropriate arrangements with public international organisations whose activities affect international civil aviation, particularly with regard to technical collaboration, exchange of information and documents, attendance at meetings, and such other matters as may promote effective cooperation, RECALLING the ICAO Policy and Framework for Cooperation with respect to Regional Civil Aviation Bodies and Regional Organizations aimed at, inter alia, concluding cooperation agreements with such bodies and organisations, as recommended by an EC/ICAO Symposium on regional organisations, which took place on 10-11 April 2008 in Montréal, TAKING INTO ACCOUNT that most ICAO Standards in the fields of aviation safety, aviation security, air traffic management and environmental protection are addressed in relevant EU law, TAKING INTO ACCOUNT the Memorandum of Cooperation (MOC) between the European Aviation Safety Agency (EASA) and the International Civil Aviation Organization (ICAO) Regarding Safety Oversight Audit and Related Matters, signed in Montréal on 21 March 2006, TAKING INTO ACCOUNT the Memorandum of Cooperation between the European Community and the International Civil Aviation Organization Regarding Security Audits/Inspections and Related Matters, signed in Montréal on 17 September 2008, WHEREAS the European Community and the United Nations signed on 29 April 2003 a new Financial and Administrative Framework Agreement (FAFA) to which ICAO adhered through an Agreement with the European Community signed on 7 December 2004, WHEREAS this Memorandum of Cooperation does not supersede or prejudge existing forms of cooperation between the Parties as long as they remain in force, HAVING REGARD to ICAO Assembly Resolution A36-2 which, inter alia, recognises that the establishment of regional and sub-regional safety oversight systems, including regional safety oversight organisations, has great potential to assist States in complying with their obligations under the Chicago Convention through economies of scale and harmonisation on a larger scale, and which also requests the Secretary General to continue to foster coordination and cooperation between ICAO Universal Safety Oversight Audit Programmes (USOAP) and audit programmes of other organizations related to aviation safety, and furthermore directs the Council to promote the concept of regional and sub-regional safety oversight systems, including regional safety oversight organisations, WHEREAS the Parties share the vision of achieving the highest degree of uniformity of European operational regulations, requirements and procedures with a view to achieving compliance with ICAO standards contained in the Annexes to the Chicago Convention for the sake of aviation safety, aviation security, air traffic management and environmental protection, WHEREAS each Party plays an important role in achieving this goal, WHEREAS the Parties wish to engage and communicate with each other on regional cooperation, WHEREAS the EU has adopted common rules in the fields of aviation safety and aviation security and the European Aviation Safety Agency (EASA) and the European Commission conduct inspections in Member States of the EU to monitor the application of those rules, CONSIDERING that in the EU, the European Commission has enforcement powers to ensure the implementation of EU legislation in the fields of aviation safety, aviation security, air traffic management and environmental protection, CONSIDERING that the primary objectives of the ICAO audit programmes and the EU’s inspection programmes are to enhance aviation safety and security by evaluating the implementation of respective standards, identifying deficiencies, if any, and ensuring the rectification of deficiencies in the EU, where necessary, WHEREAS the EU has established an office in Montréal with a view to facilitating the strengthening of relations and cooperation between the EU and ICAO and enabling increased participation and contributions by the EU in ICAO’s activities at ICAO Headquarters, CONSIDERING that, without prejudice to the rights or obligations of EU Member States under the Chicago Convention or to the relationship between EU Member States and ICAO resulting from their membership of ICAO, it is desirable to establish mutual cooperation between the EU and ICAO in the areas of aviation safety, aviation security, air traffic management and environmental protection in a manner ensuring greater harmonisation of standards and closer coordination of respective activities and with a view to achieving better use of limited resources and avoiding duplication of efforts while preserving the integrity of both Parties, WHEREAS the Parties recognise the necessity to protect, to the extent required under their respective rules, classified information received from the other Party, HAVE AGREED AS FOLLOWS:







1. General provisions

The Parties agree to strengthen their relationship and establish closer cooperation in the fields of aviation safety, aviation security, air traffic management and environmental protection and facilitate, in accordance with established rules of procedure, their participation in activities and attendance at meetings as observer through the signing of this Memorandum of Cooperation (MOC) for the benefit of international civil aviation.

This MOC is without prejudice to the rights or obligations of EU Member States under the Chicago Convention or to the relationship between ICAO and the EU Member States resulting from Member States’ membership of ICAO.

This MOC shall not cover or extend to any ICAO or EU decision-making, including on standardisation or rule-making matters, but shall establish regulatory cooperation in the preparation stages of such activities.

The Office of the European Union in Montréal, which represents the EU at ICAO’s Headquarters, shall facilitate EU-ICAO relations and serve as the main EU contact point for ICAO in all matters relating to the implementation of this MOC.

2. Objectives

2.1. This MOC shall:

(a) establish a framework for enhanced relations between the Parties;

(b) strengthen cooperation between the Parties;

(c) identify areas of mutual cooperation between the Parties; and

(d) establish the terms, conditions and mechanisms for implementing cooperation between the Parties.

3. Scope

3.1. This MOC shall establish cooperation between the Parties in the following areas:

(a) aviation safety;

(b) aviation security;

(c) air traffic management; and

(d) environmental protection.

3.2. Each of the areas referred to in paragraph 3.1 of this Article shall be the subject of separate Annexes to the MOC.

3.3. The Parties may establish working arrangements specifying the mutually agreed mechanisms and procedures necessary to effectively implement cooperation activities established in the Annexes to this MOC.

3.4. The Annexes adopted pursuant to this MOC shall form an integral part of this MOC.

4. Forms of cooperation

4.1. The Parties shall:

(a) establish mechanisms for consultation, coordination and cooperation and exchange of information;

(b) facilitate the harmonisation of performance requirements and interoperability of new technologies and systems;

(c) coordinate respective audit and inspection programmes and results and technical assistance activities with a view to making better use of limited resources and avoiding duplication of efforts;

(d) exchange information on compliance with ICAO Standards;

(e) establish arrangements for the EU to offer expertise and resources to ICAO, including in the form of secondments under the exclusive authority of the Secretary General, technical assistance and specialised training, where practicable;

(f) allow participation by one Party in the activities of the other Party relating to audit and inspection programmes and training programmes, as appropriate, while EU observers may participate in ICAO audit missions of EU States only with the consent of the latter, EU experts participating in ICAO audits under secondment as ICAO auditors shall keep any information related to the audit mission as strictly confidential in accordance with applicable ICAO rules; and

(g) without prejudice to non-disclosure obligations of either party and subject to the application of respective confidentiality rules as laid down in Article 6, share electronic information, data and official publications and provide mutual access to databases and strengthen links between them in order to complement each other’s existing databases.

5. Cooperation activities

5.1. The Parties agree, as specified in the Annexes to this MOC, to jointly execute the following cooperation activities. The Parties shall:

5.1.1. Establish mechanisms for consultation, cooperation and information sharing, including the following:

(a) establish and implement joint mechanisms for regular dialogue, consultation and information sharing;

(b) ensure that each Party is kept informed, in a timely manner, about decisions, activities, initiatives, meetings and events of relevance to this MOC in the areas of aviation safety, aviation security, air traffic management and environmental protection, and receives relevant documentation. Where appropriate, briefings may be conducted;

(c) provide access free of charge to all official documents and publications;

(d) make databases and information on websites available to the other Party; and

(e) ensure that the EU receives and has electronic access to all ICAO State letters whose subject matter is relevant to the scope of this MOC and its Annexes.

5.1.2. Establish cooperative frameworks to better coordinate audit and inspection programmes with a view to making better use of limited resources and avoiding duplication of efforts.

5.1.3. Establish joint mechanisms for close coordination of programme planning and technical assistance.

5.1.4. Cooperate in promoting global interoperability of new technologies and systems and establish joint mechanisms to strengthen cooperation with regard to the use of new technologies.

5.1.5. Ensure timely mutual consultation with a view to achieving improved coordination and coherence between regulations, policies, approaches and ICAO Standards and Recommended Practices (SARPs).

5.1.6. Establish working arrangements to facilitate the exchange of expertise and resources as follows:

(a) ICAO shall provide the EU with expertise and advice on best practices to implement SARPs;

(b) the EU shall provide expertise to ICAO, including in the form of secondments to the ICAO Secretariat;

(c) the EU shall endeavour to provide ICAO with a financial contribution to cover costs incurred pursuant to the implementation of this MOC, including administrative costs, supply of documentation and publications and related services, use of room facilities at ICAO Headquarters and information technology costs;

(d) the EU shall endeavour to provide ICAO with financial contributions for supporting ICAO technical cooperation programmes and for other ICAO activities to be agreed within the Joint Committee, consistent with the Financial and Administrative Framework Agreement (FAFA); and

(e) any new framework and terms and conditions for secondments and financial contributions to ICAO in the framework of this MOC shall be established in working arrangements for that purpose agreed in the Joint Committee. These working arrangements shall include the possibility for the EU to request ICAO for financial information in the framework of those contributions.

5.1.7. Inform each other about any relevant training programmes and facilitate participation by the other Party, as appropriate.

5.1.8. Organise relevant events jointly and coordinate events, where appropriate.

6. Confidentiality

6.1. Each Party shall take all reasonable precautions necessary to protect information received under this MOC and its Annexes from unauthorised disclosure. A Party may, upon providing information to the other Party, designate the portions of the information that it considers to be exempt from disclosure.

6.2. The Parties agree to safeguard, to the extent required under their respective rules, regulations and legislation, the protection of classified information received from the other Party in application of this MOC and its Annexes.

6.3. In particular, subject to their respective rules, regulations and legislation, the Parties shall not disclose information received from each other under this MOC and its Annexes that is considered proprietary. Such information shall be appropriately marked as such in accordance with their respective rules.

6.4. The Parties shall agree on working arrangements on further procedures for the protection of classified information provided pursuant to this MOC and its Annexes, as required. Such procedures shall include the possibility for each Party to verify which protection measures have been put in place by the other Party.

7. Joint Committee of the Parties

7.1. A Joint Committee is established, composed of representatives of each Party. The Joint Committee shall be co-chaired by one representative of each Party. The Joint Committee shall be responsible for the effective functioning of the Annexes to this MOC, including the adoption of the Annexes.

7.2. A meeting of the Joint Committee shall be convened at least once a year to review the implementation of the Annexes to this MOC and shall be organised cost-effectively. Either Party may request a meeting of the Joint Committee at any time.

7.3. The Joint Committee may consider any matter related to the functioning and implementation of the Annexes to this MOC. In particular, it shall be responsible for:

(a) resolving any question relating to the application and implementation of the Annexes to this MOC;

(b) considering ways to enhance the operation of the Annexes to this MOC and make, as appropriate, recommendations to the Parties for their amendment;

(c) adopting Annexes to this MOC and working arrangements within the scope of the Annexes or amendments thereto;

(d) considering financial and resource-related issues related to the implementation of the MOC and its Annexes; and

(e) resolving any difference or dispute concerning the interpretation or application of this MOC and its Annexes.

7.4. The Joint Committee shall operate on the basis of agreement between the chairpersons of each Party.

8. Dispute resolution

8.1. Either Party may request consultations with the other Party on any matter related to this MOC. The other Party shall reply promptly to such a request and shall enter into consultations at a time agreed by the Parties within 45 days.

8.2. The Parties shall make every effort to resolve any differences between them arising from their cooperation under this MOC at the lowest possible technical level by consultation.

8.3. In the event that any difference is not resolved as provided for in paragraph 8.2 of this Article, either Party may refer the dispute to the Joint Committee, which shall consult on the matter, in accordance with Article 7 of this MOC, with a view to resolving it by negotiation.

8.4. Notwithstanding paragraphs 8.1 to 8.3 of this Article, the dispute resolution provisions of the FAFA shall be applied when addressing any dispute arising from an issue of financial management.

8.5. Nothing in this MOC shall be deemed as a waiver of any privilege or immunity of the Parties.

9. Entry into force, amendments and termination

9.1. Pending its entry into force, this MOC shall be applied provisionally from the date of signature.

9.2. This MOC shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed and shall remain in force until terminated.

9.3. This MOC may be terminated at any time by either Party. Such termination shall be effected by 6 months’ written notice to the other Party unless the said notice of termination has been withdrawn by mutual consent of the Parties before the expiry of this period.

За Европейския съюз

Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Per la Unió Europea

За Международната организация за гражданско въздухоплаване

Por la Organización Internacional de Aviación Civil

Za Mezinárodní organizaci pro civilní letectví

For Organisationen for International Civil Luftfart

Für die Internationale Zivilluftfahrt-Organisation

Rahvusvahelise Tsiviillennunduse Organisatsiooni nimel

Για τη Διεθνή Οργάνωση Πολιτικής Αεροπορίας

For The International Civil Aviation Organisation

Pour l’Organisation de l’aviation civile internationale

Per l’Organizzazione internazionale dell’aviazione civile

Starptautiskās Civilās aviācijas organizācijas vārdā

Tarptautinės Civilinės aviacijos organizacijos vardu

A Nemzetközi Polgári Repülési Szervezet részéről

Għall-Organizzazzjoni tal-Avjazzjoni Ċivili Internazzjonali

Voor de Internationale Burgerluchtvaartorganisatie

W imieniu Organizacji Międzynarodowego Lotnictwa Cywilnego

Pela Organização da Aviação Civil Internacional

Pentru Organizația Aviației Civile Internaționale

Za Medzinárodnú organizáciu civilného letectva

Za Mednarodno organizacijo civilnega letalstva

Kansainvälisen siviili-ilmailujärjestön puolesta

För internationella civila luftfartsorganisationen

▼M1

ANNEX I

AVIATION SAFETY

1. Objectives

1.1. The Parties agree to cooperate in the field of aviation safety within the framework of the Memorandum of Cooperation (MOC) between the European Union and the International Civil Aviation Organization (ICAO) initialled in Montréal on 27 September 2010.

1.2. Consistent with their commitment to achieving the highest levels of aviation safety worldwide and to the global harmonisation of safety Standards and Recommended Practices (SARPs), the Parties agree to cooperate closely in a spirit of transparency and dialogue to coordinate their safety activities.

2. Scope

2.1. In pursuit of the objectives specified in paragraph 1.2, the Parties agree to cooperate in the following areas:

— conducting regular dialogue on safety matters of mutual interest;

— achieving transparency through the regular exchange of safety-relevant information and data and by providing mutual access to databases;

— participating in safety activities;

— mutually recognizing the results of ICAO Universal Safety Oversight Audit Programme (USOAP) and EU Standardisation Inspections;

— monitoring and analyzing States’ compliance with ICAO Standards and adherence to Recommended Practices;

— cooperating in regulatory and standard-setting matters;

— developing and providing technical assistance projects and programmes;

— promoting regional cooperation;

— exchanging experts; and

— providing training.

2.2. The cooperation referred to in paragraph 2.1 shall be developed in those areas where EU competence is exercised.

3. Implementation

3.1. The Parties may establish working arrangements specifying mutually agreed mechanisms and procedures to effectively implement cooperation in the areas referred to in Article 2.1. These working arrangements shall be adopted by the Joint Committee.

4. Dialogue

4.1. The Parties shall convene meetings and teleconferences on a regular basis to discuss safety matters of mutual interest and, where appropriate, coordinate activities.

5. Transparency, Exchange of Information, Access to Databases

5.1. The Parties shall encourage, subject to their applicable rules, transparency in the field of aviation safety in their relations with third parties.

5.2. The Parties shall be transparent in their cooperation and collaborate in safety activities through the exchange of relevant and appropriate safety data, safety information and documentation, by providing access to relevant databases and by facilitating mutual participation in meetings. To this end, the Parties shall establish working arrangements specifying procedures for the exchange of information, for the provision of database access and which guarantee the confidentiality of information received from the other Party in accordance with Article 6 of the MOC.

6. Participation in safety activities

6.1. For the purpose of implementing this Annex, each Party shall, as appropriate, invite the other Party to participate in safety-related activities and meetings with a view to ensuring close cooperation and coordination. The modalities for such participation shall be established in working arrangements agreed by the Parties.

7. Coordination of the ICAO USOAP and EU Standardisation Inspections

7.1. The Parties agree to enhance their cooperation in the areas of USOAP and standardisation inspections in order to ensure effective use of limited resources and avoid duplication of efforts, while preserving the universality and integrity of ICAO’s USOAP.

7.2. In order to verify compliance by EU Member States with ICAO safety-related Standards and adherence to ICAO Recommended Practices, and to meet the objectives specified in paragraph 7.1, the Parties shall establish a framework for conducting, as appropriate:

(a) ICAO safety oversight audits of the European Aviation Safety Agency (EASA) regarding safety-related SARPs that are addressed in EU legislation and with regard to certain functions and tasks which EASA performs on behalf of EU Member States; and

(b) ICAO oversight of the EU Standardisation Inspections conducted by EASA of the national competent authorities of EU Member States regarding safety-related SARPs that are addressed by EU legislation.

7.3. The Parties shall establish working arrangements specifying the mechanisms and procedures necessary for the effective implementation of the framework referred to in paragraph 7.2. These working arrangements shall address, inter alia, the following aspects:

(a) the scope of ICAO USOAP intervention activities including audits and validation missions based on a comparative analysis of EU legislation and ICAO safety-related SARPs;

(b) mutual participation in each Party’s respective audit, inspection and validation activities;

(c) information to be provided by each Party for the purposes of ICAO USOAP, and EASA Standardisation Inspections;

(d) ensuring confidentiality where necessary, protection of data, and handling of sensitive information; and

(e) on-site visits.

8. Sharing of safety information and analyses

8.1. Without prejudice to their applicable rules, the Parties shall share with one another relevant safety data gathered through USOAP and other sources, such as ICAO continuous monitoring approach activities, EASA Standardisation Inspections and SAFA inspections, as well as analyses made on the basis of this data.

8.2. The Parties shall cooperate closely in any action taken to secure more effective compliance with SARPs in the EU and in other States. Such cooperation shall include the exchange of information, facilitating dialogue between the Parties concerned, in situ visits or inspections, and the coordination of any technical assistance activities.

9. Regulatory matters

9.1. Each Party shall ensure that the other Party is kept informed of all its relevant laws, regulations, standards, requirements and recommended practices, which may affect the implementation of this Annex, as well as any modification thereof.

9.2. The Parties shall notify each other in a timely manner of any proposed modifications to their relevant laws, regulations, standards, requirements and recommended practices, insofar as these modifications may have an impact on this Annex. In the light of any such modifications, the Joint Committee may adopt amendments to this Annex, as necessary, in accordance with Article 7 of the MOC.

9.3. With a view to the global harmonisation of safety regulations and standards, the Parties shall consult each other on technical regulatory matters in the field of aviation safety during the different stages of the rule-making or SARP-development processes, and shall be invited to participate in the associated technical bodies, when appropriate.

9.4. ICAO shall provide the EU with timely information on ICAO decisions and recommendations affecting safety-related SARPs, by providing full access to ICAO State Letters and Electronic Bulletins.

9.5. Where appropriate, the EU shall endeavour to ensure that relevant EU legislation is in conformity with ICAO aviation safety-related SARPs.

9.6. Notwithstanding the obligations of EU Member States as Contracting States to the Chicago Convention, the EU shall, where appropriate, engage in dialogue with ICAO to provide technical information in instances where issues related to compliance with ICAO Standards and adherence to ICAO Recommended Practices emerge pursuant to the application of EU legislation.

10. Technical Assistance Projects and Programmes

10.1. The Parties shall coordinate assistance to States in an effort to ensure the effective use of resources and prevent a duplication of effort, and shall exchange information and data on aviation safety-related technical assistance projects and programmes.

10.2. The Parties shall engage in joint activities to initiate and coordinate international efforts to identify donors willing and able to contribute targeted technical assistance to States with significant safety deficiencies.

10.3. The contributions of the EU shall in particular be directed at programmes and projects aimed at assisting States and regional civil aviation bodies to resolve significant safety deficiencies, implement ICAO SARPs, develop regulatory cooperation, and strengthen State safety oversight systems, including through the establishment of regional safety oversight systems.

11. Regional Cooperation

11.1. The Parties shall give priority to activities aimed at accelerating the establishment of Regional Safety Oversight Organisations where the regional approach offers opportunities for improved cost-efficiency, oversight and/or standardisation processes.

12. Expert Assistance

12.1. Without prejudice to expert assistance schemes developed outside of the scope of this Annex, the EU shall endeavour to make experts with proven technical expertise in relevant fields of aviation safety available to ICAO, upon request, to perform tasks and participate in activities falling within the scope of this Annex. The conditions of such expert assistance shall be specified in a working arrangement between the Parties.

13. Training

13.1. Where appropriate, each Party shall facilitate the participation of staff of the other Party in any aviation safety-related training programmes which it provides.

13.2. The Parties shall exchange information and materials relating to aviation safety-related training programmes and, where appropriate, coordinate and cooperate in the development of training programmes.

13.3. In the framework of the activities covered in Article 10 of this Annex, the Parties shall cooperate in facilitating and coordinating the participation in training programmes of trainees who come from States or regions to which technical assistance is being provided by either Party.

14. Review

14.1. The Parties shall review the implementation of this Annex on a regular basis and, as necessary, take into account any relevant policy or regulatory developments.

14.2. Any review of this Annex shall be conducted by the Joint Committee established pursuant to Article 7 of the MOC.

15. Entry into Force, Amendments and Termination

15.1. This Annex shall enter into force on the date of adoption by the Joint Committee and shall remain in force until terminated.

15.2. Working arrangements agreed pursuant to this Annex shall enter into force on the date of adoption by the Joint Committee.

15.3. Any amendments to, or termination of, working arrangements adopted pursuant to this Annex shall be agreed within the Joint Committee.

15.4. This Annex may be terminated at any time by either Party. Such termination shall be effective six months following receipt of written notification of termination by one party from the other party, unless the said notice of termination has been withdrawn by mutual consent of the Parties before the six-month period has expired.

15.5. Notwithstanding any other provision of this Article, if the MOC is terminated, this Annex and any working arrangement adopted pursuant to it shall terminate simultaneously.

▼M2

ANNEX II

AVIATION SECURITY

1. Objectives

1.1. The Parties agree to cooperate in the field of aviation security within the framework of the Memorandum of Cooperation (MOC) between the European Union and the International Civil Aviation Organization (ICAO) signed in Montreal on 28 April 2011 and in Brussels on 4 May 2011.

1.2. Consistent with their commitment to achieving an appropriate and sustainable level of aviation security on a global basis, notably through ICAO Standards and Recommended Practices (SARPs), the Parties agree to cooperate closely in the conduct of their aviation security activities.

2. Scope

2.1. In pursuit of the objectives specified in paragraph 1, the Parties agree to cooperate by:

(a) conducting regular dialogue on aviation security matters of mutual interest;

(b) conducting a regular exchange of relevant aviation security information in accordance with applicable rules;

(c) participating in aviation security activities;

(d) analysing, as relevant, States’ compliance with ICAO Standards, adherence to Recommended Practices, and effective implementation of an aviation security oversight system;

(e) monitoring EU States’ compliance with ICAO Standards, adherence to Recommended Practices, and effective implementation of an aviation security oversight system;

(f) continuing cooperation in regulatory and standard-setting matters;

(g) developing and providing technical assistance;

(h) promoting regional cooperation;

(i) exchanging experts; and

(j) providing aviation security-related training.

3. Implementation

3.1. The Parties may establish working arrangements specifying mutually agreed mechanisms and procedures to effectively implement cooperation in the areas referred to in Article 2.1. These working arrangements shall be adopted by the Joint Committee.

4. Dialogue

4.1. The Parties shall convene meetings and/or teleconferences on a regular basis to discuss aviation security matters of mutual interest and, where appropriate, coordinate activities.

5. Sharing of aviation security information, research/studies and analysis

5.1. Without prejudice to their applicable rules, the Parties shall establish working arrangements specifying what information and analyses can be shared with one another on the basis of information gathered by their respective audit and inspection programmes, as well as the sharing mechanism to guarantee the confidentiality of information received from the other Party in accordance with Article 6 of the MOC.

5.2. The Parties shall collaborate in aviation security activities through the exchange of relevant and appropriate data, research, studies, information and documentation, and by facilitating mutual participation in meetings.

6. Participation in aviation security activities

6.1. For the purpose of implementing this Annex, each Party shall, as appropriate, invite the other Party to participate, in accordance with established rules or procedures, in aviation security-related activities and meetings with a view to ensuring close cooperation and coordination. The modalities for such participation shall be established in working arrangements agreed by the Parties.

7. Regulatory matters

7.1. Each Party shall ensure that the other Party is kept informed of all its relevant laws, regulations, standards, requirements and recommended practices, which may affect the implementation of this Annex, as well as any modification thereof.

7.2. The Parties shall notify each other in a timely manner of any proposed modifications to their relevant laws, regulations, standards, requirements and recommended practices, in so far as these modifications may have an impact on this Annex.

7.3. With a view to the global harmonisation of aviation security regulations and standards, the Parties shall inform each other on technical regulatory matters in the field of aviation security during the different stages of the rule-making or SARP-development processes, and may be invited to participate in the associated technical bodies, when appropriate.

7.4. The Parties shall provide each other with timely information on decisions and recommendations affecting aviation security.

7.5. The EU shall, where appropriate, engage in dialogue with ICAO to provide technical information in instances where issues related to compliance with ICAO Standards and adherence to ICAO Recommended Practices emerge pursuant to the application of EU legislation.

8. Technical Assistance

8.1. The Parties shall coordinate assistance to States in an effort to ensure the effective use of resources and prevent a duplication of effort, and shall exchange information on aviation security-related technical assistance projects and programmes.

8.2. The Parties shall cooperate closely in assisting EU States and other States as deemed necessary in improving their level of effective implementation of the critical elements of State security oversight systems and their level of compliance with ICAO SARPs. Such cooperation shall include but not be limited to the exchange of information, facilitating dialogue between the Parties concerned, and the coordination of any technical assistance activities.

9. Regional Cooperation

9.1. The Parties shall give priority to activities aimed at accelerating implementation of SARPs where the regional approach offers opportunities for improved cost-efficiency, oversight and/or standardisation processes.

10. Expert Assistance

10.1. Without prejudice to expert assistance schemes developed outside the scope of this Annex, the Parties shall endeavour to make experts with technical expertise in relevant fields of aviation security available to each other, upon request, to perform tasks and participate in activities falling within the scope of this Annex. The conditions of such expert assistance shall be specified in a working arrangement between the Parties.

11. Training

11.1. Where appropriate, each Party shall facilitate the participation of staff of the other Party in any aviation security-related training programmes which it provides.

11.2. The Parties shall exchange information on materials relating to aviation security-related training programmes and, where appropriate, coordinate and cooperate in the development of training programmes.

11.3. In the framework of the activities covered in Article 9 of this Annex, the Parties shall cooperate in facilitating and coordinating the participation in training programmes of trainees who come from States or regions to which technical assistance is being provided by either Party.

12. Review

12.1. The Parties shall review the implementation of this Annex on a regular basis and, as necessary, take into account any relevant policy or regulatory developments.

12.2. Any review of this Annex shall be conducted by the Joint Committee established pursuant to Article 7 of the MOC.

13. Entry into Force, Amendments and Termination

13.1. This Annex shall enter into force on the date of its adoption by the Joint Committee and shall remain in force until terminated.

13.2. Working arrangements agreed pursuant to this Annex shall enter into force on the date of their adoption by the Joint Committee.

13.3. Any amendments to, or termination of, working arrangements adopted pursuant to this Annex shall be agreed by the Joint Committee.

13.4. This Annex may be terminated at any time by either Party. Such termination shall be effective 6 months following receipt of written notification of termination by one party from the other party, unless the said notice of termination has been withdrawn by mutual consent of the Parties before the six-month period has expired.