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 Adminis ­
trative 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,EN L 232/2 Official Journal of the European Union 9.9.2011
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 co ­
ordination 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;EN 9.9.2011 Official Journal of the European Union L 232/3
(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 spe ­
cifying 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 appro ­
priate, 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 en ­
vironmental 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.EN L 232/4 Official Journal of the European Union 9.9.2011
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 docu ­
mentation 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, regu ­
lations 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 repre ­
sentatives 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; andEN 9.9.2011 Official Journal of the European Union L 232/5
(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.EN L 232/6 Official Journal of the European Union 9.9.2011
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 Savien ības v ārd ā – 
Europos S ąjungos vardu  
Az Európai Unió részér ől 
Għall-Unjoni Ewropea  
Voor de Europese Unie  
W imieniu Unii Europejskiej  
Pela União Europeia  
Pentru Uniunea European ă 
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  
Starptautisk ās Civil ās avi ācijas organiz ācijas v ārd ā 
Tarptautin ės Civilin ės aviacijos organizacijos vardu  
A Nemzetközi Polgári Repülési Szervezet részér ől 
Għall-Organizzazzjoni tal-Avjazzjoni Ċivili Internazzjonali  
Voor de Internationale Burgerluchtvaartorganisatie  
W imieniu Organizacji Mi ędzynarodowego Lotnictwa Cywilnego  
Pela Organização da Aviação Civil Internacional  
Pentru Organiza ția Avia ției Civile Interna ționale  
Za Medzinárodnú organizáciu civilného letectva  
Za Mednarodno organizacijo civilnega letalstva  
Kansainvälisen siviili-ilmailujärjestön puolesta  
För internationella civila luftfartsorganisationen
EN 9.9.2011 Official Journal of the European Union L 232/7