Proposal for a Council Decision on the signature by the European Community to the Protocol of accession of the European Community to the European Organisation for the Safety of Air Navigation (EUROCONTROL) and its provisional application
Date: 2002-06-06
Institutions: European Commission
Subjects: Eurocontrol, accession to an agreement, air safety, air space, air traffic, area management, protocol to an agreement

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Proposal for a Council Decision on the signature by the European Community to the Protocol of
accession of the European Community to the European Organisation for the Safety of Air Navi-
gation (Eurocontrol) and its provisional application

(2002/C 262 E/14)

COM(2002) 292 final

(Submitted by the Commission on 6 June 2002)

EXPLANATORY MEMORANDUM

1. With this communication the Commission submits to the Council a proposal for a decision auth-
orising the Community to sign a Protocol defining the conditions under which it becomes a member
of the European Organisation for Safety of Air Navigation (Eurocontrol) and recommending the
provisional application of some provisions of this Accession Protocol.

2. This accession to Eurocontrol forms part of the overall strategy to build up a single sky over the single
market as described in the Commission’s Communication proposing an action programme on the
creation of a Single European Sky and a Regulation laying down the framework for its creation (1), and
in the Commission’s Communication on the creation of a Single European Sky proposing a Regulation
on the provision of air navigation services in the Single European Sky, a Regulation on the organi-
sation and use of the airspace in the Single European Sky and a Regulation on the interoperability of
the European Air Traffic Management network (2).

3. The European Organisation for the Safety of Air Navigation (Eurocontrol) was set up by an Inter-
national Convention of 13 December 1960. In 1993, the Contracting Parties to this Convention
initiated a process of its revision. The objective of such a revision was to extend the competence
of Eurocontrol to all aspects of Air Traffic Management (ATM) and provide the organisation with
more efficient decision-making mechanisms, thereby reinforcing the disciplines of its Member States.

4. As a consequence of its White Paper ‘Freeing Europe's Airspace’ which supported that process, but
which also underlined that it would affect the exercise of Community competence in areas covered by
the so revised Eurocontrol Convention, the Commission adopted on 13 November 1996 a recom-
mendation for a Council Decision authorising it to start negotiations with a view to establishing
Community membership of that organisation (3). In support to that recommendation it also issued on
19 February 1997 and 16 March 1997 two working papers, respectively on the exercise of
Community competence in relation to ATM (4) and the need for Community membership of Euro-
control (5).

5. The process of negotiation on the revised Convention of Eurocontrol was finalised on the first half of
1997. With a view to making the accession of the Community possible under the terms of that
revised Convention, an article was devised (Article 40) so as to open it ‘to regional economic inte-
gration 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’.

6. On 18 June 1997 the Council agreed that Member States could sign the revised Eurocontrol
Convention without prejudice to Community competence. The Council also confirmed that the
most adequate way for the Community to exercise its competence was to seek Community
membership of Eurocontrol and it recommended that
further work be expedited to allow the
negotiation of the necessary accession protocol.

(1) COM(2001) 123 final of 30.11.2001.
(2) COM(2001) 564 final of 11.12.2001.
(3) SEC(96) 2042 final of 13.11.1996.
(4) SEC(97) 352 of 19.2.1997.
(5) SEC(97) 718 of 16.4.1997.

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7. The process of revision of the Eurocontrol Convention was concluded on 27 June 1997, when the
Contracting Parties to Eurocontrol adopted the Protocol consolidating the Eurocontrol Convention,
which was opened for signature on the same day.

On that occasion, the European Community Member States, members of Eurocontrol, declared that
their signature of the Protocol consolidating the Eurocontrol International Convention was without
prejudice to the Community’s exclusive competence in certain areas covered by that Convention and
to Community’s membership of Eurocontrol for the purpose of exercising such exclusive competence.

8. On 20 July 1998, the Council authorised the Commission to start negotiations with the Contracting
Parties to Eurocontrol in order to agree the accession of the Community to this organisation by means
of a Protocol under article 40 of the revised Eurocontrol Convention. The decision of the Council (1)
included directives relating to Community accession to Eurocontrol and ad-hoc procedures for the
conduct of negotiations.

9. To formalise the agreement resulting from the negotiation started on 29 January 1999, a Diplomatic
Conference is under preparation to be convened mid-2002. On that occasion, the various Parties
involved in the negotiation will be requested to sign a Final Act adopting the text of the Accession
Protocol, including the accompanying declarations, and to sign the protocol itself.

10. With regard to the process of approval of the Accession Protocol, the procedure entails two steps, as
provided by the usual provisions regarding the signing, approval and entry into force of international
treaties and enshrined in the provisions of the Treaty (Article 300).

11. The requirement for the Community to become a full member of Eurocontrol is now made even more
urgent by the situation of air traffic delays and airspace congestion in Europe. In order to build the
single sky which its internal market needs and to take the full benefits of Commission proposals on
implementing the Single European Sky, the Community must indeed take the initiative and give
political guidance to Eurocontrol so as to use the expertise and resources of that organisation, to
reach its own objectives, in cooperation with its European partners. Accession by the Community to
Eurocontrol will be a key element in securing the consistency between that international organisation
and the Community, and makes it possible to put the Community’s activity in a Pan-European context.

12. In accordance with Decision No 71 of the Permanent Commission of Eurocontrol, certain provisions
of the revised Convention are provisionally applied. The Final Act on the accession of the Community
to Eurocontrol now includes a Resolution on the early implementation of the Accession Protocol. This
was agreed by all Parties at the sixth Negotiation Session 7 March 2002. This calls for the provisional
application of the Accession Protocol, as provided by Article 300(2) of the Treaty.

The provisional application of the revised Eurocontrol convention and the provisional application of
the Accession Protocol, insofar as they concern areas of Community competence, require procedures
to be laid down for reaching Community and common positions and for expressing them within
Eurocontrol. Accordingly, in areas of exclusive Community competence, the Commission will state the
Community’s position and vote on behalf of the Community.

In the light of these considerations and according to the established procedures, the Commission proposes
that the Council adopt the attached decision.

(1) 10208/98 Aviation 38 of 15.7.1998.

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THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80, paragraph 2,
in
conjunction with the first sentence of the first subparagraph
of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(4) It is appropriate that the Accession Protocol be signed, and
the related declarations be duly made, without prejudice to
the fulfilment of the necessary ratification procedures.

(5) In accordance with Decision No 71 of the Eurocontrol
Permanent Commission for the safety of Air Navigation,
certain provisions of the revised Eurocontrol Convention
are provisionally
the Protocol of
accession should also be provisionally applied, provided
that there is a reciprocal application on the part of the
other signatory parties to the Eurocontrol Convention, as
consolidated by the Protocol of 27 June 1997,

therefore

applied;

(1) The situation of airspace congestion and the coming
for
implementation of
urgent measures to be undertaken at Community level
and within the framework of the Eurocontrol organisation.

the Single European Sky call

HAS DECIDED AS FOLLOWS:

Article 1

(2) The European Community has exclusive competence or
competence shared with its Member States in certain
areas covered by the Eurocontrol International Convention
relating to Cooperation for the Safety of Air Navigation of
13 December 1960,
and as
consolidated by the Protocol opened for signature on
27 June 1997; the accession of the European Community
exercising such
to Eurocontrol
competence
that
Convention.

is permitted under Article 40 of

as variously amended,

the purpose of

for

(3) The Commission has, on behalf of

the Community,
negotiated with the Contracting Parties to Eurocontrol a
Protocol, on the accession of the European Community
to Eurocontrol.

Subject to the conclusion at a later stage, the President of the
is hereby authorised to designate the person(s)
Council
empowered to sign, on behalf of the European Community,
European
the
Protocol of
Community to Eurocontrol
attached
declarations.

accession of
and to make

attached

the

the

Article 2

Articles 1 to 7 of the Accession Protocol shall be applied on a
provisional basis before its entry into force in parallel to the
early implementation of certain provisions of the Eurocontrol
Convention, as consolidated by the Protocol of 27 June 1997.
This provisional application begins the first day of the first
month following the signature by the Community of
this
Accession Protocol.

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on the accession of the European Community to the Eurocontrol international convention relating
to cooperation for the Safety of Air Navigation of 13 December 1960, as variously amended and as
consolidated by the Protocol of 27 June 1997

PROTOCOL

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 Cooperation 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;

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;

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;

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;

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;

Whereas arrangements for greater cooperation 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,

HAVE AGREED AS FOLLOWS:

Article 1

Article 3

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.

Article 2

For the European Community, within the framework of its
competence, the Convention shall apply to en-route air navi-
gation 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 estab-
lishing the European Community.

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.

this Protocol
to Gibraltar airport shall be
Application of
the arrangements in the Joint Declaration
suspended until
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.

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.

Article 4

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

Article 5

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 Euro-
control 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.

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

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

Article 8

For decisions in matters where the European Community
1.
the
has
and for
exclusive
competence
the purpose of
application of
the
the rules provided for in Article 8 of
the European Community shall exercise the
Convention,
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.

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.

2.
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.

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
the Convention, and the
as provided for in Article 8 of
European Community shall not vote.

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.

Article 7

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

the signature of

the time of

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
relating to the interpretation, application or
Eurocontrol
performance of this Protocol, including its existence, validity
and termination.

Article 9

1.
This Protocol shall be opened for signature by all States
signatories to the Protocol consolidating the Eurocontrol Inter-
national Convention relating to Cooperation 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.

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

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

the

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 Consolidating
entry into force of
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.

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.

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.

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.

Article 10

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

This Protocol shall remain in force for an indefinite

1.
period.

If all Eurocontrol Member States which are Members of
2.
the European Community withdraw from Eurocontrol, notifi-
cation 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 with-
the last
drawal under Article 38.2 of
Member State of the European Community withdrawing from
Eurocontrol.

the Convention of

Article 12

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

the International Civil
Nations and with the Council of
Aviation Organisation pursuant
the
Convention on International Civil Aviation signed in Chicago
on 7 December 1944.

to Article 83 of

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

remain deposited in the

DONE at Brussels, this . . . day of (month) (year) in each of the
official languages of the signatory States, in a single original,
which shall
the
the Kingdom of Belgium, which shall
Government of
the other
transmit certified copies to the Governments of
signatory States and to the European Community. In the case
of any inconsistency, the text in the French language shall
prevail.

archives of

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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 Cooperation for the Safety of Air Navigation of
13 December 1960, as variously amended and as consolidated by the Protocol of 27 June 1997

(Brussels, . . . 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 . . . 2002;

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 Euro-
control
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 . . . 2002.

International Convention relating to Cooperation for

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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;

THE CONFERENCE:

Assembled at Brussels on . . . 2002;

Having unanimously adopted the Protocol, hereinafter called ‘the Accession Protocol’, on the accession of
the European Community to the Eurocontrol International Convention relating to Cooperation 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’;

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;

Recalling the resolution adopted by the Diplomatic Conference of 27 June 1997 on the Protocol consoli-
dating the Eurocontrol Convention urging the Contracting Parties to the Eurocontrol Convention to ratify
the abovementioned Protocol of 27 June 1997 at their earliest convenience;

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

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

Requests the Director General of Eurocontrol to take all practical measures,
signatory States and the European Community, to provide assistance,
ratification, acceptance or approval of the Accession Protocol.

in cooperation with the
in the process of

if requested,

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;

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

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.

3. Have adopted the following joint declarations on the absence of Community competence in the fields of

national security and defence and on RTDE coordination:

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 Inter-
national Convention relating to Cooperation 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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Having noted that the European Community has at present no competence with regard to defence and
security policies;

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

Agree that:

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.

II. Joint declaration on RTDE coordination

The signatories to the Protocol on the accession of the European Community to the Eurocontrol Inter-
national Convention relating to Cooperation 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 coordination of research, tech-
nological development and evaluation (RTDE) activities in the fields covered by that Convention;

Having noted that Article 2(1)(h) of the revised Convention is applicable to the coordination of RTDE
activities between Eurocontrol and its Contracting Parties;

Having noted that the coordination organised by the Eurocontrol Agency under Article 1(5)(i) of its Statute
concerns its own RTDE activities and those of ATM Organisations;

Agree that:

— the ‘coordination 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;

— in coordinating their RTDE activities, all parties involved shall

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;

respect

— the Contracting Parties shall remain free to decide on their RTDE strategies, programmes and projects

in accordance with their own internal procedures.

4. Have noted the following joint declaration by the States signatories to the Consolidating Protocol and

this Final Act:

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
Cooperation 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 . . . 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;

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
. . . 2002, have deposited their instruments of ratification, acceptance or approval of the Consolidating
Protocol.

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.

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

Done at Brussels, this . . . day of . . . 2002, in a single original, which shall remain deposited in the archives
of the Government of the Kingdom of Belgium, which shall transmit certified copies to the Governments
of the other signatory States and to the European Community.

For the Republic of Albania,
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 Republic of Finland,
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 Former Yugoslav Republic of Macedonia,
For the Grand Duchy of Luxembourg,
For the Republic of Malta,
For the Republic of Moldova,
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,
and
For the European Community.