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
Date: 2002-10-08
Institutions: Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, European Community, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Moldova, Monaco, Netherlands, North Macedonia, Norway, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Türkiye, United Kingdom
Subjects: Eurocontrol, accession to an agreement, air safety, protocol to an agreement

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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’in-
ternational cooperation, 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,

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 signa-
ture 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 exclu-
sive 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

The European Community, within the framework of its compe-
tence, 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 naviga-
tion 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 posi-
tions 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
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
inform the other Contracting Parties to this Protocol of
will
such date of entry into operation.

Article 3

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 Eurocon-
trol in which any of its Member States is entitled to be repre-
sented 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.

In all bodies of Eurocontrol where it may participate, the Euro-
pean Community will present its positions, within the frame-
work of its competence,
in accordance with its institutional
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.

Article 6

1.
For decisions in matters where the European Community
has exclusive competence and for the purpose of the applica-
tion 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.

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

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 subparagraph of Article 8.2, the Community shall be
considered as
representing its Member States, which are
Members of Eurocontrol.

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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 Com-
munity shall vote in accordance with their voting rights as
provided for in Article 8 of the Convention, and the 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

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.

3.
This Protocol shall enter into force when it has been rati-
fied, 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 Consoli-
dating 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.

This Protocol shall enter into force with respect to such
4.
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 para-
graphs 3 and 4.

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 10

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.

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

Article 8

Article 11

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 perfor-
existence, validity
mance of
and termination.

this Protocol,

including its

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 opened, 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.

This Protocol shall remain in force for an indefinite

1.
period.

2.
If all Eurocontrol Member States which are Members of
the European Community withdraw from Eurocontrol, notifica-
tion of withdrawal from the Convention, as well as from this
Protocol, shall be considered to have been given by the Euro-
pean 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.

Article 12

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

to Article 102 of

the Charter of

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IN WITNESS WHEREOF,
Powers, found to be in good and due form, have signed this Protocol.

the undersigned Plenipotentiaries, having presented their Full

DONE at Brussels, this eighth day of October 2002 in each of the official languages of the
Signatory States, 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 Govern-
ments of the other Signatory States and to the European Community. In the case of any
inconsistency, the text in the French language shall prevail.

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Declaration concerning the competence of the European Community in respect of matters covered
by the Eurocontrol International Convention

In accordance with the relevant Articles of the EC Treaty, as interpreted by the Court of Justice of the Euro-
pean Communities, this declaration indicates the competence of the European Community in matters
covered by the Eurocontrol International Convention.

A. GENERAL PRINCIPLES

1. The exercise of competence which the Member States have transferred to the Community pursuant to
the EC Treaty is, by its nature, liable to develop constantly. In the framework of the Treaty, the compe-
tent institutions may take decisions which determine the extent of the competence of the European
Community. The European Community therefore reserves the right to amend this declaration accord-
ingly, without this constituting a prerequisite for the exercise of its competence in Eurocontrol.

2.

In relation to Eurocontrol, only the external competence of the European Community is relevant. It
follows that, unless the competent institutions explicitly decide to exercise directly an external compe-
tence on the basis of the Treaty in a given area, the European Community has exclusive competence
only to the extent that its internal legislation is affected by international agreements or other rules
established in the framework of international cooperation (1).

B. COMPETENCE EXERCISED BY THE EUROPEAN COMMUNITY

1. Areas of competence in the field of air traffic management

(a) Standardisation: this covers the harmonisation of technical specifications in general and those related
to equipment and systems used for the provision of air traffic services in particular (Articles 95 and 80
of the EC Treaty).

In this area, the most important legal instruments adopted by the European Community are Council
Regulation (EEC) No 3922/91 (2), Council Directive 93/65/EEC (3) and Directive 98/34/EC of the Euro-
pean Parliament and of the Council (4);

(b) Policy on research and technological development (Articles 163 to 173 of the EC Treaty).

In this area, currently, the most important legal instruments adopted by the European Community are
Decision No 1513/2002/EC of the European Parliament and of the Council (5), Council Decision
2002/834/EC (6) and Council Decision 2002/835/EC (7). These mainly cover basic research (universities,
research institutes) and both research and technological development relating to aeronautics and tele-
matics, including air traffic management systems and equipment;

(c) Trans-European networks (Articles 154 to 156 of the EC Treaty): these include transport, telecommuni-
cations and energy with the aim to ensure interoperability and compatibility of national networks by
means of collective planning, financial incentives and interoperability standards.

In this area, the most important legal instruments adopted by the European Community are Decision
No 1692/96/EC of the European Parliament and of the Council (8) and Council Regulation (EC)
No 2236/95 (9);

(1) As established by the Court of Justice in Opinions 1/94 [1994] ECR I-5267, 2/91 [1993] ECR I-1061 and 1/76

[1977] ECR 741, and in Case 22/71 [1971] ECR 949.

(2) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1592/2002 of the European Parlia-

ment and of the Council (OJ L 240, 7.9.2002, p. 1).

(3) OJ L 187, 29.7.1993, p. 52. Directive as last amended by Commission Regulation (EC) No 2082/2000 (OJ L 254,

9.10.2000, p. 1).

(4) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).
(5) OJ L 232, 29.8.2002, p. 1.
(6) OJ L 294, 29.10.2002, p. 1.
(7) OJ L 294, 29.10.2002, p. 44.
(8) OJ L 228, 9.9.1996, p. 1. Decision as amended by Decision 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).
(9) OJ L 228, 23.9.1995, p. 1. Regulation as amended by Regulation (EC) No 1655/1999 of the European Parliament

and of the Council (OJ L 197, 29.7.1999, p. 1).

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(d) Policy on harmonisation of radio spectrum: the aim in particular is to establish a policy and legal
framework in order to ensure the coordination of policy approaches and harmonised conditions with
regard to the availability and efficient use of the radio spectrum necessary for the establishment and
functioning of the internal market in Community policy areas such as electronic communications,
transport and research and development.

In this area, the most important legal instrument adopted by the European Community is Decision
No 676/2002/EC of the European Parliament and of the Council (1).

2. Areas of competence in the field of air transport

The air transport policy (Article 80(2) of the EC Treaty and subsequent legislation) has the objective to
facilitate the provision of transport services within the Community, promote safety and security and
contribute to the efficient functioning of the internal market.

In this area, the most important legal instruments adopted by the European Community are Council
Regulations (EEC) No 2407/92 (2), (EEC) No 2408/92 (3), (EEC) No 2409/92 (4) and (EEC) No 95/93 (5),
and Regulations (EC) No 1592/2002 (6) and (EC) No 2320/2002 (7) of the European Parliament and of
the Council, implemented by Commission Regulation (EC) No 622/2003 (8), Regulation (EC) No 437/
2003 of the European Parliament and of the Council (9) and Directive 2003/42/EC of the European
Parliament and of the Council (10).

3.

It may also occur that a measure to be taken by Eurocontrol affects established rules of general Com-
munity policies such as competition, free movement of goods and services (including public procure-
ment and data protection), environmental protection, social policy and economic and social cohesion.

C. Member States' competence

1. When the European Community has not established internal rules and it has not been decided to exer-

cise directly an external competence, the competence rests with its Member States.

2. The Treaty does not confer to the European Community competence with regard to issues of national
security and defence; the design and use of airspace for military purposes therefore fall outside the
scope of the competence of the European Community.

(1) OJ L 108, 24.4.2002, p. 1.
(2) OJ L 240, 24.8.1992, p. 1.
(3) OJ L 240, 24.8.1992, p. 8. Regulation as amended by the Act of Accession of Austria, Finland and Sweden.
(4) OJ L 240, 24.8.1992, p. 15.
(5) OJ L 14, 22.1.1993, p. 1. Regulation as last amended by Regulation (EC) No 1554/2003 of the European Parliament

and of the Council (OJ L 221, 4.9.2003, p. 1).

(6) OJ L 240, 7.9.2002, p. 1.
(7) OJ L 355, 30.12.2002, p. 1.
(8) OJ L 89, 5.4.2003, p. 9.
(9) OJ L 66, 11.3.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 1358/2003 (OJ L 194,

1.8.2003, p. 9).

(10) OJ L 167, 4.7.2003, p. 23.