CELEX: 22011X0909(01)
Language: en
Date: 2011-05-04 00:00:00
Title: Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation

L 232/2          EN                               Official Journal of the European Union                                            9.9.2011
                                                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,
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               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                                                               2. Objectives
The Parties agree to strengthen their relationship and establish                         2.1. This MOC shall:
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,                            (a) establish a framework for enhanced relations
their participation in activities and attendance at meetings as                                   between the Parties;
observer through the signing of this Memorandum of
Cooperation (MOC) for the benefit of international civil
aviation.                                                                                     (b) strengthen cooperation between the Parties;
This MOC is without prejudice to the rights or obligations of                                 (c) identify areas of mutual cooperation between the
EU Member States under the Chicago Convention or to the                                           Parties; and
relationship between ICAO and the EU Member States
resulting from Member States’ membership of ICAO.
                                                                                              (d) establish the terms, conditions and mechanisms for
                                                                                                  implementing cooperation between the Parties.
This MOC shall not cover or extend to any ICAO or EU
decision-making, including on standardisation or rule-making
                                                                                    3. Scope
matters, but shall establish regulatory cooperation in the
preparation stages of such activities.                                                   3.1. This MOC shall establish cooperation between the
                                                                                              Parties in the following areas:
The Office of the European Union in Montréal, which
represents the EU at ICAO’s Headquarters, shall facilitate EU-                                (a) aviation safety;
ICAO relations and serve as the main EU contact point for
ICAO in all matters relating to the implementation of this
MOC.                                                                                          (b) aviation security;
 ---pagebreak--- L 232/4                EN                         Official Journal of the European Union                                         9.9.2011
        (c) air traffic management; and                                               respective confidentiality rules as laid down in
                                                                                      Article 6, share electronic information, data and
                                                                                      official publications and provide mutual access to
        (d) environmental protection.                                                 databases and strengthen links between them in
                                                                                      order to complement each other’s existing
                                                                                      databases.
   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.
                                                                          5. Cooperation activities
                                                                             5.1.   The Parties agree, as specified in the Annexes to this
   3.3. The Parties may establish working arrangements spe­                         MOC, to jointly execute the following cooperation
        cifying the mutually agreed mechanisms and procedures                       activities. The Parties shall:
        necessary to effectively implement cooperation activities
        established in the Annexes to this MOC.
                                                                             5.1.1. Establish mechanisms for consultation, cooperation
   3.4. The Annexes adopted pursuant to this MOC shall form                         and information sharing, including the following:
        an integral part of this MOC.
                                                                                    (a) establish and implement joint mechanisms for
4. Forms of cooperation                                                                 regular dialogue, consultation and information
                                                                                        sharing;
   4.1. The Parties shall:
        (a) establish mechanisms for consultation, coordination                     (b) ensure that each Party is kept informed, in a
             and cooperation and exchange of information;                               timely manner, about decisions, activities,
                                                                                        initiatives, meetings and events of relevance to
                                                                                        this MOC in the areas of aviation safety,
        (b) facilitate the harmonisation of performance                                 aviation security, air traffic management and en­
             requirements and interoperability of new                                   vironmental protection, and receives relevant
             technologies and systems;                                                  documentation. Where appropriate, briefings
                                                                                        may be conducted;
        (c) coordinate respective audit and inspection
             programmes and results and technical assistance
                                                                                    (c) provide access free of charge to all official
             activities with a view to making better use of
                                                                                        documents and publications;
             limited resources and avoiding duplication of
             efforts;
                                                                                    (d) make databases and information on websites
        (d) exchange information on compliance with ICAO                                available to the other Party; and
             Standards;
                                                                                    (e) ensure that the EU receives and has electronic
        (e) establish arrangements for the EU to offer expertise
                                                                                        access to all ICAO State letters whose subject
             and resources to ICAO, including in the form of
                                                                                        matter is relevant to the scope of this MOC and
             secondments under the exclusive authority of the
                                                                                        its Annexes.
             Secretary General, technical assistance and
             specialised training, where practicable;
                                                                             5.1.2. Establish cooperative frameworks to better coordinate
        (f) allow participation by one Party in the activities of                   audit and inspection programmes with a view to
             the other Party relating to audit and inspection                       making better use of limited resources and avoiding
             programmes and training programmes, as appro­                          duplication of efforts.
             priate, while EU observers may participate in
             ICAO audit missions of EU States only with the
             consent of the latter, EU experts participating in
                                                                             5.1.3. Establish joint mechanisms for close coordination of
             ICAO audits under secondment as ICAO auditors
                                                                                    programme planning and technical assistance.
             shall keep any information related to the audit
             mission as strictly confidential in accordance with
             applicable ICAO rules; and
                                                                             5.1.4. Cooperate in promoting global interoperability of
                                                                                    new technologies and systems and establish joint
        (g) without prejudice to non-disclosure obligations of                      mechanisms to strengthen cooperation with regard
             either party and subject to the application of                         to the use of new technologies.
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   5.1.5. Ensure timely mutual consultation with a view to                  6.2. The Parties agree to safeguard, to the extent required
          achieving improved coordination and coherence                          under their respective rules, regulations and legislation,
          between regulations, policies, approaches and ICAO                     the protection of classified information received from
          Standards and Recommended Practices (SARPs).                           the other Party in application of this MOC and its
                                                                                 Annexes.
   5.1.6. Establish working arrangements to facilitate the
          exchange of expertise and resources as follows:                   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
          (a) ICAO shall provide the EU with expertise and                       and its Annexes that is considered proprietary. Such
              advice on best practices to implement SARPs;                       information shall be appropriately marked as such in
                                                                                 accordance with their respective rules.
          (b) the EU shall provide expertise to ICAO, including
              in the form of secondments to the ICAO                        6.4. The Parties shall agree on working arrangements on
              Secretariat;                                                       further procedures for the protection of classified
                                                                                 information provided pursuant to this MOC and its
                                                                                 Annexes, as required. Such procedures shall include
          (c) the EU shall endeavour to provide ICAO with a                      the possibility for each Party to verify which protection
              financial contribution to cover costs incurred                     measures have been put in place by the other Party.
              pursuant to the implementation of this MOC,
              including administrative costs, supply of docu­
              mentation and publications and related services,           7. Joint Committee of the Parties
              use of room facilities at ICAO Headquarters and
              information technology costs;                                 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
          (d) the EU shall endeavour to provide ICAO with
                                                                                 functioning of the Annexes to this MOC, including the
              financial contributions for supporting ICAO
                                                                                 adoption of the Annexes.
              technical cooperation programmes and for other
              ICAO activities to be agreed within the Joint
              Committee, consistent with the Financial and
              Administrative Framework Agreement (FAFA);                    7.2. A meeting of the Joint Committee shall be convened at
              and                                                                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
          (e) any new framework and terms and conditions for                     Joint Committee at any time.
              secondments and financial contributions to ICAO
              in the framework of this MOC shall be established
              in working arrangements for that purpose agreed               7.3. The Joint Committee may consider any matter related
              in the Joint Committee. These working                              to the functioning and implementation of the Annexes
              arrangements shall include the possibility for the                 to this MOC. In particular, it shall be responsible for:
              EU to request ICAO for financial information in
              the framework of those contributions.
                                                                                 (a) resolving any question relating to the application
                                                                                      and implementation of the Annexes to this MOC;
   5.1.7. Inform each other about any relevant training
          programmes and facilitate participation by the other
          Party, as appropriate.
                                                                                 (b) considering ways to enhance the operation of the
                                                                                      Annexes to this MOC and make, as appropriate,
                                                                                      recommendations to the Parties for their
   5.1.8. Organise relevant events jointly and coordinate                             amendment;
          events, where appropriate.
                                                                                 (c) adopting Annexes to this MOC and working
6. Confidentiality                                                                    arrangements within the scope of the Annexes or
   6.1. Each Party shall take all reasonable precautions                              amendments thereto;
        necessary to protect information received under this
        MOC and its Annexes from unauthorised disclosure.
        A Party may, upon providing information to the                           (d) considering financial and resource-related issues
        other Party, designate the portions of the information                        related to the implementation of the MOC and its
        that it considers to be exempt from disclosure.                               Annexes; and
 ---pagebreak--- L 232/6               EN                         Official Journal of the European Union                                         9.9.2011
        (e) resolving any difference or dispute concerning the              8.4. Notwithstanding paragraphs 8.1 to 8.3 of this Article,
             interpretation or application of this MOC and its                   the dispute resolution provisions of the FAFA shall be
             Annexes.                                                            applied when addressing any dispute arising from an
                                                                                 issue of financial management.
   7.4. The Joint Committee shall operate on the basis of
        agreement between the chairpersons of each Party.
                                                                            8.5. Nothing in this MOC shall be deemed as a waiver of
                                                                                 any privilege or immunity of the Parties.
8. Dispute resolution
   8.1. Either Party may request consultations with the other            9. Entry into force, amendments and termination
        Party on any matter related to this MOC. The other
        Party shall reply promptly to such a request and shall              9.1. Pending its entry into force, this MOC shall be applied
        enter into consultations at a time agreed by the Parties                 provisionally from the date of signature.
        within 45 days.
                                                                            9.2. This MOC shall enter into force when the Parties have
   8.2. The Parties shall make every effort to resolve any
                                                                                 notified each other in writing that their respective
        differences between them arising from their cooperation
                                                                                 internal procedures necessary for its entry into force
        under this MOC at the lowest possible technical level by
                                                                                 have been completed and shall remain in force until
        consultation.
                                                                                 terminated.
   8.3. In the event that any difference is not resolved as
        provided for in paragraph 8.2 of this Article, either               9.3. This MOC may be terminated at any time by either
        Party may refer the dispute to the Joint Committee,                      Party. Such termination shall be effected by 6 months’
        which shall consult on the matter, in accordance with                    written notice to the other Party unless the said notice
        Article 7 of this MOC, with a view to resolving it by                    of termination has been withdrawn by mutual consent
        negotiation.                                                             of the Parties before the expiry of this period.
 ---pagebreak--- 9.9.2011        EN                             Official Journal of the European Union L 232/7
         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