CELEX: 52016PC0621
Language: en
Date: 2016-09-22
Title: Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the EU-ICAO Joint Committee on the Decision on the adoption of an annex on Air Traffic Management to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation

EUROPEAN COMMISSION
            Brussels, 22.9.2016
            COM(2016) 621 final
            2016/0301(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be taken by the European Union within the EU-ICAO Joint Committee on the Decision on the adoption of an annex on Air Traffic Management to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               1.1.Objectives of the annex on Air Traffic Management (ATM) 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, of which there are currently 191. Its legal basis is the 1944 Chicago Convention on International Civil Aviation.
            
            
               The European Union works closely with ICAO, primarily because most aspects of the Chicago Convention come under Union competence - ICAO pursues policies in the fields of safety, security, environment and air traffic management (ATM). Secondly, ICAO standards and requirements form the basis for certain EU legislation. In addition, international standards, for example 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. Other global players are actively involved in ICAO activities for similar reasons.
            
            
               The EU and ICAO have concluded a Memorandum of Cooperation (MoC) that provides for an enhanced framework for cooperation
                  1
               . The MoC identifies ATM as one of the areas for cooperation, to be dealt with in further detail in a specific annex. The annex is to contribute to greater harmonisation of standards, global interoperability of new technologies and systems and closer coordination of ATM activities; to that end, it sets out areas for cooperation in the form, inter alia, of a regular exchange of relevant ATM data/information, the possible exchange of technical ATM experts and cooperation in the further development and implementation of the ICAO Global Air Navigation Plan (GANP).
            
            
               Annexes on Aviation Safety and Aviation Security have already been developed, so the annex on Air Traffic Management is the third annex to the MoC. Its adoption is without prejudice to the rights and obligations of EU Member States under the Chicago Convention or to their relations with ICAO resulting from their membership to the organisation.
            
            
               1.2.Procedural aspects
            
            
               On 17 December 2009, The Council authorised the Commission to negotiate the MoC. It entered into force on 29 March 2012, following notification by the parties that they had completed the requisite internal procedures (signature
                  2
                and conclusion
                  3
                in the case of the EU). 
            
            
               Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for the Council, on a proposal from the Commission, to adopt a decision establishing the positions 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/EU
                  4
                on the conclusion of a Memorandum of Cooperation between the European Union and the International Civil Aviation Organization provides for the Council to determine the position to be taken by the Union in the Joint Committee established under paragraph 7.1 of the MoC as regards the adoption of new Annexes to the MoC and amendments thereto, as referred to in point (c) of paragraph 7.3 of the MoC.
            
            
               A Council Decision is therefore required on the position to be taken by the EU within the Joint Committee on the decision to adopt an annex on Air Traffic Management. 
            
            
               1.3.Consistency with other policies and objectives of the Union
            
            
               The annex on Air Traffic Management will serve the fundamental objectives of the Single European Sky and EU external aviation policies through the formalisation of its cooperation with ICAO in this area.
            
            
               2.RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
            
            
               At the third meeting of the EU/ICAO MoC Joint Committee (Montréal, 2 February 2015), the parties agreed to proceed with the adoption of an ATM annex to the MoC and to start a dialogue between their respective services to agree on a text, if possible by end of 2015. 
            
            
               Member States were informed of the outcome of the meeting trough the Single Sky Committee and the Commission (DG MOVE) produced a draft annex which was reviewed by the European Aviation Safety Agency (EASA) and the Single European Sky ATM Research Joint Undertaking (SJU), and then discussed and agreed with the ICAO Air Navigation Bureau.
            
            
               3.LEGAL ELEMENTS OF THE PROPOSAL
            
            
               3.1.Summary of the proposed action
            
         
         
            
               The annex on Air Traffic Management will enhance cooperation with ICAO with a view to providing a discussion forum on ATM, to exchanging relevant ATM data/information, to promoting ATM actions and regional cooperation, and the possible posting of experts.
            
            
               3.2.Legal basis
            
            
               Article 100(2) TFEU in conjunction with Article 218(9) TFEU.
            
            
               3.3.Subsidiarity principle
            
            
               The annex on Air Traffic Management covers issues on which the EU has competence and on which relations with ICAO need to be maintained at the EU level.
            
            
               3.4.Proportionality principle
            
            
               Only on the basis of such an annex will it be possible to pool EU efforts and provide for better coordination between Member States.
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               This annex on Air Traffic Management has no budgetary implications.
            
            
               2016/0301 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be taken by the European Union within the EU-ICAO Joint Committee on the Decision on the adoption of an annex on Air Traffic Management 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)The Memorandum of Cooperation between the European Union and the International Civil Aviation Organization (ICAO) providing a framework for enhanced cooperation
                  5
                (hereinafter referred to as 'the Memorandum of Cooperation') entered into force on 29 March 2012.
            
            
               (2)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.
            
            
               (3)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 Air Traffic Management 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 Air Traffic Management to the Memorandum of Cooperation, shall be based on the draft Decision of the EU-ICAO Joint Committee, attached to this Decision.
            
            
               Article 2
            
            
               This Decision shall enter into force on the day of its adoption.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  OJ L 232, 9.9.2011, p. 2 and OJ L 121, 8.5.2012, p.16.
               
               
                  
                     (2)
                  OJ L 232, 9.9.2011, p. 1.
               
               
                  
                     (3)
                  OJ L 121, 8.5.2012, p. 16.
               
               
                  
                     (4)
                  OJ L 121, 8.5.2012, p. 16.
               
               
                  
                     (5)
                  OJ L 121, 8.5.2012, p. 16.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 22.9.2016
            COM(2016) 621 final
            ANNEX
            to the Proposal for a 
            Council Decision 
            on the position to be taken within the EU-ICAO Joint Committee on the Decision on the adoption of an annex on Air Traffic Management to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a Framework for enhanced cooperation
            
               
         
         
            
               ANNEX
            
            
               Draft Decision of the EU-ICAO Joint Committee
                  of
                  on the adoption of an annex on Air Traffic Management 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 Memorandum of Cooperation), which entered into force on 29 March 2012, and in particular Article 7.3(c) thereof,
            
            
               Whereas:
            
            
               It is appropriate to include an annex on Air Traffic Management in the Memorandum of Cooperation,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The Annex to this Decision is hereby adopted and shall form an integral part of the Memorandum of Cooperation.
            
            
               Article 2
            
            
               This Decision shall enter into force on the day of its adoption.
            
            
               Done at, … .
            
            
               For the EU-ICAO Joint Committee
            
            
               The Chairpersons
            
            
               
            
               ANNEX
            
            
               ON
            
            
               AIR TRAFFIC MANAGEMENT
            
         
         
            
               1.
                     Objectives
            
            
               1.1The Parties agree to cooperate in the field of Air Traffic Management and Air Navigation Services (hereinafter referred to as ATM/ANS) within the framework of the Memorandum of Cooperation (MOC) between the European Union (EU) and the International Civil Aviation Organization (ICAO) signed in Montreal on 28 April 2011 and in Brussels on 4 May 2011
            
            
               1.2Consistent with their commitment to global harmonisation of requirements included in Standards and Recommended Practices (SARPs) for ATM/ANS and global interoperability of new technologies and systems in the domain of ATM/ANS, the Parties agree to cooperate closely in a spirit of transparency and dialogue to coordinate their ATM/ANS activities.
            
            
               2.
                     Scope
            
            
               2.1In pursuit of the objectives specified in paragraph 1.2, the Parties agree to cooperate in the following areas:
            
            
               -conducting regular dialogue on ATM/ANS matters of mutual interest;
            
            
               -achieving transparency through the regular exchange of relevant ATM/ANS information;
            
            
               -participating in ATM/ANS activities;
            
            
               -monitoring and analysing States’ compliance with ICAO Standards and adherence to Recommended Practices in the domain of ATM/ANS;
            
            
               -cooperating in regulatory and standard-setting matters;
            
            
               -cooperating in the field of the development and implementation of the ICAO Global Air Navigation Plan (GANP) and its aviation system block upgrade (ASBU) methodology;
            
            
               -developing and providing technical assistance projects and programmes; 
            
            
               -promoting regional cooperation, in particular within the ICAO European (EUR) region, with specific consideration to the results achieved in the development and implementation of the Single European Sky (SES) and to the work of the European Aviation Safety Agency (EASA) on ATM/ANS matters; and
            
            
               -exchanging technical experts in the relevant fields of ATM/ANS.
            
            
               3.
                     Implementation
            
            
               3.1The 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 established pursuant to Article 7 of the MOC.
            
            
               3.2The undertaking of cooperative activities under this Annex shall be fulfilled, on behalf of the Parties, by the ICAO Air Navigation Bureau (ANB) and the European Commission. The European Commission may involve, as appropriate, other European organisations, including EASA, the SESAR Joint Undertaking, the SESAR Deployment Manager and EUROCONTROL.
            
            
               4.
                     Dialogue
            
            
               4.1The Parties shall convene meetings and/or teleconferences on a regular basis to discuss ATM/ANS matters of mutual interest and, where necessary and appropriate, to coordinate activities.
            
            
               5.
                     Transparency and exchange of information
            
         
         
            
               5.1The Parties shall encourage, subject to their applicable rules, transparency in the field of ATM/ANS in their relations with third parties.
            
            
               5.2The Parties shall be transparent in their cooperation and collaboration in ATM/ANS activities through the exchange, without prejudice to their applicable rules, of relevant and appropriate data, information and documentation, and by facilitating mutual participation in meetings. 
            
            
               5.3.To this end, the Parties shall establish procedures for the exchange of information and which guarantee the confidentiality of information received from the other Party in accordance with Article 6 of the MOC.
            
            
               6.
                     Participation in ATM/ANS activities
            
            
               6.1For the purpose of implementing this Annex, each Party shall, as appropriate, invite the other Party to participate, in accordance with established rules of procedures, in ATM/ANS-related activities and meetings as observer with a view to ensuring close cooperation and coordination.
            
            
               7.
                     Sharing of ATM/ANS information and analyses
            
            
               7.1Without prejudice to their applicable rules, and in accordance with appropriate working arrangements to be developed, the Parties shall share relevant ATM/ANS information and data, as well as analyses made on the basis of this information and data.
            
            
               7.2The Parties shall cooperate closely in actions taken to secure more effective compliance with SARPs in the EU and in other States. Such cooperation shall include the exchange of information, facilitating dialogue between the Parties concerned, and the coordination of any technical assistance activities. 
            
            
               7.3Based on its activities in the field of performance review and target setting, as well as in the monitoring of the implementation of the European ATM Master Plan, the EU shall assist ICAO in the development of a global performance-based approach and of a global monitoring approach for the implementation of the ICAO GANP and ASBU methodology therein. ICAO shall make appropriate and best use of existing EU material or material under development, arising from the development and implementation of the SES, when developing its global approaches.
            
            
               8.
                     Regulatory and standard-setting matters
            
            
               8.1Each Party shall ensure that the other Party is kept informed of all relevant laws, regulations, standards, requirements and recommended practices, which may affect the implementation of this Annex, as well as any modification thereof. 
            
            
               8.2The Parties shall notify each other in a timely manner of any proposed modifications to their relevant laws, regulations, standards, requirements and recommended practices, insofar as these modifications may have an impact on the application of this Annex. Such notification may also include, as needed, the sharing of appropriate planning instruments (e.g. relevant annual/multi-annual programmes). In light of any such modifications, the Joint Committee may adopt amendments to this Annex, as necessary, in accordance with Article 7 of the MOC.
            
            
               8.3With a view to the global harmonisation of ATM/ANS regulations and standards, the Parties shall consult each other on technical regulatory matters in the field of ATM/ANS during the respective rule-making or SARPs-development processes, and shall be invited to participate in the associated technical bodies, as and when appropriate.
            
            
               8.4To this end, the EU and ICAO shall further streamline their cooperation in view of ensuring the timely review of EU rules following ICAO amendments to the Annexes of the Convention on International Civil Aviation (the Chicago Convention) and of giving timely input to ICAO when amendments to Annexes relevant for ATM/ANS are considered.
            
            
               8.5ICAO shall provide the EU with timely information on ICAO decisions and recommendations affecting –ATM/ANS-related SARPs by providing full access to ICAO State letters and Electronic Bulletins.
            
            
               8.6Where appropriate, the EU shall endeavour to ensure that relevant EU legislation is in conformity with ICAO ATM/ANS-related SARPs. 
            
            
               8.7As the European ATM Master Plan is closely related to the ICAO GANP and the ASBU methodology contained therein, the EU, in cooperation with its member States, will assist ICAO in developing SARPs and supporting materials for new ATM/ANS requirements, based on its needs and experience with the deployment of SESAR. Similarly, ICAO will assist the EU in the updating of its standards for global interoperability for new ATM/ANS requirements, based on its GANP, ASBU methodology and the related Road maps. 
            
            
               8.8Notwithstanding the obligations of EU Member States as Contracting States to the Chicago Convention, the EU shall, where and when 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.
            
            
               8.9The undertaking of cooperative activities in regulatory and standardsetting matters shall not contradict existing ICAO rule-making procedures, nor establish any new legal or reporting obligations on ICAO vis-à-vis the EU or its member States.
            
            
               9.
                     Technical Assistance Projects and Programmes
            
         
         
            
               9.1The 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, including data, on –ATM/ANS-related technical assistance projects and programmes.
            
            
               10.
                     Regional Cooperation
            
            
               10.1The Parties shall give priority to activities aimed at accelerating the establishment of the Single European Sky, including the relevant activities of EASA in ATM/ANS, where the regional approach offers opportunities for improved cost-efficiency, oversight and/or harmonisation processes. 
            
            
               10.2Particular attention in regard to paragraph 10.1 will be given to the regional performance-based approach, European technical regulations in ATM/ANS, Functional Airspace Blocks, the Management of Network Functions (including the European Aviation Crisis Coordination Cell, EACCC) and the deployment and monitoring of new ATM/ANS concepts based on SESAR and the European ATM Master Plan.
            
            
               10.3To fulfil the aforementioned expectations, a close working relationship shall be afforded between the EU and the ICAO Regional Office in Paris, including mutual participation in relevant meetings (e.g. Single Sky Committee).
            
            
               10.4The EU will organise coordination between European organisations, the EU Member States and ICAO Regional Office in light of the scope of this Annex, in particular to contribute to the ICAO regional plans. 
            
            
               10.5As the EU is represented in ICAO by the European Commission, but also includes EASA and the SESAR JU, and as the EU has a High Level Agreement with EUROCONTROL, the European Commission will involve EASA and the SESAR JU directly or EUROCONTROL via the High Level Agreement to execute activities agreed in this Annex, where and when needed.
            
            
               11.
                     Expert Assistance
            
            
               11.1Without prejudice to expert assistance schemes developed outside of the scope of this Annex, the EU shall endeavour to make experts with technical expertise in relevant fields of ATM/ANS available to ICAO, 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.
            
            
               12.
                     Review
            
            
               12.1The Parties shall review the implementation of this Annex on a regular basis, taking into account, as necessary, relevant policy or regulatory developments.
            
            
               12.2Any 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
            
            
               13.1This Annex shall enter into force on the date of adoption by the Joint Committee and shall remain in force until such time as it is terminated. 
            
            
               13.2Working arrangements, as far as needed, agreed pursuant to this Annex shall enter into force on the date of adoption by the Joint Committee.
            
            
               13.3Any amendments to, or termination of, working arrangements adopted pursuant to this Annex shall be agreed within the Joint Committee.
            
            
               13.4This Annex may be terminated at any time by either Party. Such termination shall be effective six 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.
            
            
               13.5Notwithstanding any other provision of this Article, if the MOC is terminated, this Annex and any working arrangement adopted pursuant to it shall terminate simultaneously.