Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the EU-ICAO Joint Committee, concerning the Decision on the adoption of an Annex on aviation security to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
Date: 2012-08-14
Institutions: European Commission
Subjects: International Civil Aviation Organisation, air safety, civil aviation, cooperation agreement (EU)

EUROPEAN COMMISSION 

Brussels, 14.8.2012  
COM(2012) 457 final 

2012/0222 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union within the EU-ICAO Joint 
Committee, concerning the Decision on the adoption of an Annex on aviation security to 
the Memorandum of Cooperation between the European Union and the International 
Civil Aviation Organization providing a framework for enhanced cooperation 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Objectives  of  the  annex  on  Aviation  Security  to  the  Memorandum  of 
Cooperation 

The  International  Civil  Aviation  Organization  (ICAO)  is  a  UN  specialised  agency  acting  as 
the  global  forum  for  civil  aviation.  ICAO  works  to  achieve  its  vision  of  safe,  secure  and 
sustainable development of civil aviation through cooperation among its Member States. The 
legal  basis  for  ICAO  is  the  Chicago  Convention  on  International  Civil  Aviation  of  1944. 
Currently ICAO covers 191 countries. 

The  European  Union  works  closely  with  ICAO.  Firstly,  most  aspects  of  the  Chicago 
Convention are Union competence; ICAO is pursuing policies in the fields of safety, security, 
environment  and  air  traffic  management.  Secondly,  ICAO  standards  and  requirements  form 
the basis for EU legislation. Moreover, international standards, such as in the field of aviation 
security, are taken over in EU law. For the EU, it is therefore important to engage in ICAO's 
work  and  policy-making  activities  to  contribute  to  sound  global  aviation  policies.  Also  the 
competitiveness of the European civil aviation industry is at stake. That is why other global 
players are also actively involved in ICAO activities. 

The EU and ICAO have concluded a Memorandum of Cooperation (MoC) providing for an 
enhanced  framework  for  cooperation1.  The  MoC  identifies  security  as  one  of  the  areas  in 
which cooperation shall be established between the Parties and which shall be developed in a 
specific  annex  on  Aviation  Security  to  the  MoC.  The  annex  should  contribute  to  enhancing 
security in international aviation and sets out areas of cooperation that will, inter alia, take the 
form  of  exchanging  relevant  security  information,  posting  experts  and  financing  specific 
security actions. An annex on Aviation Safety has already been developed and it is foreseen to 
also develop annexes on the environment and air traffic management. The annex on Aviation 
Security is thus the second annex to the MoC. 

The adoption of an annex on Aviation Security is 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. 

1.2. 

Procedural aspects 

The  Commission  obtained  an  authorisation  from  the  Council  to  negotiate  the  MoC  on  17 
December 2009. After the signature2 and conclusion3 of the MoC by the EU, it entered into 
force on 29 March 2012 following the notification by the Parties that their respective internal 
procedures necessary for its entry into force had been completed. 

Article  218(9)  of  the  Treaty  on  the  Functioning  of  the  European  Union  establishes  that  the 
Council, on a proposal from the Commission, shall adopt a decision establishing the positions 

1 
2 
3 

OJ L 232, 9.9.2011, p. 2 and OJ L 121, 8.5.2012, p.16. 
OJ L 232, 9.9.2011, p. 1. 
OJ L 121, 8.5.2012, p. 16. 

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to  be  adopted  on  the  Union’s  behalf  in  a  body  set  up  by  an  agreement,  when  that  body  is 
called upon to adopt acts having legal effects. 

Article  3  of  Council  Decision  2012/243/EU4  on  the  conclusion  of  a  Memorandum  of 
Cooperation between the European Union and the International Civil Aviation Organization 
establishes that the Council shall determine the position to be taken by the Union in the Joint 
Committee  established  under  paragraph  7.1  of  the  Memorandum  of  Cooperation  as  regards 
the adoption of new Annexes to the Memorandum and amendments thereto, as referred to in 
point (c) of paragraph 7.3 of the Memorandum. 

As such, a Council Decision on the position to be taken by the EU within the Joint Committee 
on the decision to adopt an annex on Aviation Security is required.  

1.3. 

Consistency with other policies and objectives of the Union 

The  Annex  on  Aviation  Security  will  serve  the  fundamental  objectives  of  the  European 
external  aviation  policy  through  the  formalisation  of  the  cooperation  in  this  area  between 
ICAO and the EU. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Member States were regularly informed throughout the negotiation process. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The  annex  on  Aviation  Security  will  enhance  cooperation  with  ICAO  with  a  view  to 
providing  a  discussion  forum  on  aviation  security,  to  exchanging  relevant  security 
information,  to  promoting  security  actions  and  regional  cooperation,  and  to  the  posting  of 
experts. 

3.2. 

Legal basis 

Article  100(2)  in  conjunction  with  Article  218(9)  of  the  Treaty  on  the  Functioning  of  the 
European Union. 

3.3. 

Subsidiarity principle 

The agreement covers issues where the EU has competence and where relations with ICAO 
need to be maintained at the EU level. 

3.4. 

Proportionality principle 

Only  such  an  agreement  is  able  to  pool  EU  efforts  and  provide  for  better  coordination 
between Member States. 

4 

OJ L 121, 8.5.2012, p. 16. 

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4. 

BUDGETARY IMPLICATION 

This Annex on Aviation Security has no budgetary implications5. 

5 

The  Memorandum  of  Cooperation  was  endowed  with  a  budget  of  €500,000  per  year  for  the  period 
2011-2013. 

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2012/0222 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union within the EU-ICAO Joint 
Committee, concerning the Decision on the adoption of an Annex on aviation security to 
the Memorandum of Cooperation between the European Union and the International 
Civil Aviation Organization providing a framework for enhanced cooperation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2) in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

Council Decision 2012/243/EU of 8 March 2012 on the conclusion of a Memorandum 
of  Cooperation  between  the  European  Union  and  the  International  Civil  Aviation 
Organization  (ICAO)  providing  a  framework  for  enhanced  cooperation,  and  laying 
down  procedural  arrangements 
to  as 
'Memorandum of Cooperation'), entered into force on 29 March 2012. 

(hereinafter 

thereto6 

referred 

related 

Pursuant  to  Article  7.3(c)  of  the  Memorandum  of  Cooperation,  the  Joint  Committee 
established by Article 7.1 of the Memorandum of Cooperation may adopt annexes to 
the Memorandum of Cooperation. 

It is appropriate to establish the position to be taken by the European Union within the 
Joint Committee with  regard  to the adoption of an annex on Aviation Security to be 
added to the Memorandum of Cooperation, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  European  Union  within  the  EU-ICAO  Joint  Committee,  as 
referred to in Article 7.3(c) of the Memorandum of Cooperation between the European Union 
and  the  International  Civil  Aviation  Organization  providing  a  framework  for  enhanced 
cooperation (the Memorandum of Cooperation), with regard to the adoption of an Annex on 
aviation security to the Memorandum of Cooperation, shall be based on the draft Decision of 
the EU-ICAO Joint Committee, attached to this Decision. 

6 

OJ L 121, 8.5.2012, p. 16. 

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Article 2 

This Decision shall enter into force on the day of its adoption.  

Done at Brussels,  

For the Council 
The President 

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ANNEX 1 

DRAFT 

DECISION OF THE EU-ICAO JOINT COMMITTEE 

of … 

on the adoption of an annex on aviation security to the Memorandum of Cooperation between 
the European Union and the International Civil Aviation Organization providing a framework 
for enhanced cooperation 

THE EU-ICAO JOINT COMMITTEE, 

Having  regard  to  the  Memorandum  of  Cooperation  between  the  European  Union  and  the 
International  Civil  Aviation  Organization  providing  a  framework  for  enhanced  cooperation 
(the ICAO MoC), and in particular Article 7.3(c) thereof, 

Whereas: 

It is appropriate to include an annex on Aviation Security in the ICAO MoC, 

HAS ADOPTED THIS DECISION: 

Article 1 

The  Annex  to  this  Decision  is  hereby  adopted  and  shall  form  an  integral  part  of  the  ICAO 
MoC. 

Article 2 

This Decision shall enter into force on the day of its adoption. 

Done at 

For the EU-ICAO Joint Committee 

The Chairpersons

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ANNEX 2 
'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. 

Consistent with their commitment to achieving an appropriate and sustainable level of 
1.2 
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; 

conducting a regular exchange of relevant aviation security information in accordance 

(b) 
with applicable rules; 

(c) 

participating in aviation security activities; 

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

monitoring EU States’ compliance with ICAO Standards, adherence to Recommended 

(e) 
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. 

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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 

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

The Parties shall notify each other in a timely manner of any proposed modifications 
7.2 
to  their  relevant  laws,  regulations,  standards,  requirements  and  recommended  practices, 
insofar 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. 

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The  Parties  shall  provide  each  other  with  timely  information  on  decisions  and 

7.4 
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. 

The Parties shall cooperate closely in assisting EU States and other States as deemed 
8.2 
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. 

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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. 

13.5  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.' 

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