ACT No. X of 1989 AN A CT to provide for Malta) nlt'mbership to Eu.rOCOnlrol BE IT ENACTED by the President , by ilnd with Ihe advice and consent of th e House of Representati ves , in this prese nt Parliament assembled. and by the authori ty of the sam e, as follows:-

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I assent.

CENsu T ABONE

President

7th April , 1989

ACT No. X of 1989

AN A CT to provide for Malta) nlt'mbership to Eu.rOCOnlrol

BE IT ENACTED by the President , by ilnd with Ihe advice and

consent of th e House of Representati ves , in this prese nt Parliament

assembled. and by the authori ty of the sam e, as follows:-

(I) Th is Act may be cited as the Eurocontrol Act , 1989.

(2) The provisions of this Act other than Ihis section and

sections 2 and 14, shall come into force on such dal e as the Minister

may , by nOl ice in the Guelle, est ab li sh, such date being the day on

which the Corwention and the Multilate ral Agreemen t shall come into

force with respect to Malta after Malta accedes tbereto.

(Artikoli 2,14)

CONSOLIDATED TEXT OF THE PROVISIONS OF THE EXISTING

CONVENTION AND THE AMENDMErITS TO THE LA ITER CONTAINED IN

THE PROTOCOL

Article J

L The Contracting Parties agll'-e to strengthen their co-operation an d to develop

their joint activities in the field of aiT navigation , making due allowance for defence

needs and providing maximum freedom for aU airspace users consistent with the

required level of safety.

They have accordingly agreed

(a)

to establish common long-term objectives in the field of air navigation and, in

that framework, 10 institute a medium-term common plan for air traffic

services and facil ities;

(b)

to draw up common plans for advance training , for procedural measures , and

for research and development programmes relating to facilities and se rvices

for the safety. efficiency and expeditious flow of air traffic

(c)

to concert any other measures necessary to ensure the safe and orderly flow of

air traffic;

(d)

10 constitute a common fund of experience in operational, technical and

financial aspects of air navigation;

(e)

to co-ordinate their activities with regard to air traffic /low management by

establishing an in ternational system of air traffic flow management in order to

ensure the most effective utilisation of the airspace.

2. For this purpose they hereby estab~sh a "European Organisation for the Safety

of Air Navigation (EU ROCONTROL)", hereinafterealled "the Organisation", which

shall act in co-operation with the national civil and military authorities. The

Organisation shall comprise two organs

a "Permanent Commission for the safety of air navigation ~, hereinafter called

"the Commission ~ . which shall constitute the organ responsible for

fonnulating the Organisation's general policy;

an "Agency for the safety of air navigation ~ , hereinafter called " the Agency",

the Statute of wh ich is in Annex I to the present Convention. The Agency

shall be the organ responsible for the perfonnance of the tasks prescribed by

the present Convention or entrusted to it, in pursuance thereof, by the

Commission .

3. The headquarters of the Organisation shall be in Brussels.

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Articl e 2

The Organisation sball undertake the following tasks

to analyse the future needs of air traffic and new techniques necessary for

meeting such needs;

Cb) to develop and adopt common long-tenn objectives in the field of air

navigation;

Co) to co-ordinate the medium-term national plans in order 10 establish a

common medium-term plan in respect of air traffic seniices and facilities

within the framework oflhe long·tenn objectives refe rred to in (b) above;

to promote common policies for ground and airborne air navigation systems ,

~nd tl", trai"i,,~ of the ~t"rf of ai, tram" >C,V;IXS;

(c)

to study and promote measures for improving cost-effectiveness and

efficiency in the field of air navigation;

to promote and conduct studies. tests and trials relating to air navigatio n; to

(f)

collttt and distribute the results of studies, tests and trials carried out by the

Contracting Parties in the field of air navigation;

to co-ordinate the Contracting Parties' research and developmen t

(g)

programmes relating to new techniques in the field of air navigatio n;

(h)

to examine matters in the field of air navigation being studied by the

International Civil Aviation Organisatio n and other interna tional

o rganisations concerned with civil aviation;

(i) to study amendmen ts to the Regional Air Navigation Plans to be submiued to

the International Civil Aviation O rganisation;

to perfonn any other tasks with which it might be entrusted pursuant to

(j)

Articl e 1.1 (c).

(k)

to assist the Cont racting Parties and imerested non-member States in the

insti tution and operation of an in ternational ai r traffic now management

syste m;

to establ ish and collect charges levied on users of ai r navigation services in

accordance with the Multilateral Agreement relating to Route Charges, and

on behalf o f the Contracting Parties and of non-membe r States parties to that

Agreement.

Special agreements may be concluded by the O rganisation and non-member States

interested in participating in lite perfonnance of such tasks.

2. At the request of o ne or more Contracting Parties, the Organisation may be

e ntrusted with the following tasks

(a)

to aSSist such Parties in the performance 01 specilic air navigation tasks such

as tbe design and setting up of air traffic facilities and services;

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(b)

to provide and operate. wholly or in part, air traffic services and facilities on

behalf ofsuch Parties

(c)

to assist such Parties in the calculation and collection of charges which are

levied by them on users of air navigation services and which are nO! cove red

by the Multilateral Agreement relating 10 Route Charges.

The performance of such tasks sltall in each case be governed by a special agreement

between Ihe Organisation and Ihe Parties concerned.

3. The Organisation may furthe r. at the request of one or more non-member

States, be entrusted with the following tasks

(3)

to assist such States in air t raffic flow management and in the planning and

provision of air navigation services and equipme llt

to assist such Slales in the calculation a n d collection of charges not co~ered by

Cb)

the Multilateral Agreement relating to Route Charges which are le~ied by

them on users of air navigat ion serviccs.

The performance of such tasks shall in each case be go~erned by special agreements

between the O rganisation and the States concerned.

Article 3

I. The present Convention shall apply 10 en route air navigation services and

related approach a nd aerodrome services for air traffic in the Fl ight Information

Regions listed in Annex 2.

2. Any amendment which a Contracting Party wishes to mak e to the list of its Flight

Informatioll Regions in Annex 2 shall be subjecl 10 t he unanimous agreement of the

Commission if it wou ld result in a change in the overall limitsof the airspace covered by

the Convention . Any amendment which does not result in such a change shall be

notified to the Organisation by the Contracting Parly concerned.

3. For the pUT]X>Ses of the presem convention t he expression ~air traffic" shall

comprise civil aircraft and those military, customs and police aircraft which conform to

the procedures of the International Civil Aviat ion O rganisation.

Article 4

The Organisation shall have legal personality. [n the territory of t he Contra~ting

Parties it shall have the fullest legal capacity to which cOfl'Orate Ix>dies are entitled

under national law; it shall inter alia have the right to acquire or transfer movable or

immovable property and 10 go to law. Excepl as otherwise provided in the present

Convention or the Slame annexed Ihereto, it shall be represented by the Agency which

shall act in its name . The Agency sha ll administer the property of the Or~anisalion.

Article 5

I. The Commission shall be composed of representatives of the Contracti ng

Parties. Each Contracting Party may appoint several delegates in order, in particular,

to allow the representatio n of the interests of both civil aviation and national defence,

but shall have only one vote.

2. For the purposes of Article 2. 1 (I) the Commission sha ll be e nlarged to include

representatives of non-member States which are part ies to the Multilateral Agreement

relat ing to Route Charges. The Commi ss ion thus enlarged shall take decisions in

accordance with the provisions of the said Agreement.

3. Where provision to that effect is made in other agreements concluded between

th e Organisation and non-membe r States in acco rdance wit h Article 2. 1, in particular

for air traffic flow management. th e Commission sha ll be e nlarged and shall take

decisions in accord ance with the provisions of those agreements.

Article 6

I. For the accomplishment of the tas ks assigned to the O rganisation by Article 2.1 ,

the Commission shall ta ke the follo wing measures

(a)

with regard to the Contracting Parties

it sha ll take a decision

in the cases referred to in Article 2. 1 (b) and (c);

in the cases referred to in Article 2. 1 (a) a nd (d) to (k) whenever the

Commission dee ms it necessary for the Contracting Parties to commit

the mselves to common action; in suc h cases it may also issue a

recomme nda tion to the Cont racti ng Parties;

(b)

with regard to the Agency

it shall approve the ann ua l work programme and the investment and

work programmes e xtending o ver several years to be submitted to it by

the Agency forthe accomplishment of the tasks refe rred to in Article 2. 1,

and also the budget and the activety report; it shall give directives to the

Agency, whenever it deems this to be necessary for the accom plish ment

of the tasks assigned to the Agency;

it shall take all necessary measures in excercising its supervisory powers

under the present Convention and the Statute of the Agency;

it shall give the Age ncy a discharge in respect of its administration of

the budget.

2. In addition, the Commission shall

(a)

approve the Staff Regulat ions and the Financial Regulations as well as

measures to be ta ke n in pursuance of Article 7.2, and of Article 19.30fthe

Statute of the Agency;

(b)

appoint the members of the cont rol board for a five-yea r period in pursuance

of Article 22.1 of the Statute of the Agency.

3. Th e Commission shall alll hon se the opening by the Agency of negotiations

relating to the special agree ments referred to in Article 2 and shall approve the

agreements negotia ted by the Agency.

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4. Proceedings on behalf of the Organi sation may be initiated by \,.he Commission

before the arbitral tri bunal provided for under Article 31.

Article 7

I. Decisions shall be taken by the Commission by unanimous vote of the

Contracting Parties and shall be binding on the Contracting Parties. However, should a

Contracting Party notify the Commission that overriding national considerations

prevc m it from acting on a unanimous decision taken in respect of the mal lers referred

to in Article 2. I (b) and (c), it may derogate from that decision subj ect to

communication to tbe Com mission of th e grounds for the derogation. Within six

mon ths of such notification, the Comm ission shall either revise its previous decision or

decide whether certain conditions or lim its should apply to the derogation _ In eitber

case, the Commission's decision shall require a una nimous vote of the Contracting

Parties.

2. The Commission shall decide upon the measu res referred to in Articles 6.2 (a) ,

6.3 and 11.3 by unanimity of the votes cast.

3. Unless otherwise provided, directives and measures in the cases provided for in

Article 6.1 (b) and 6.4 shall req uire a majority orthe votes in the Comm ission, it being

understood that

those ~otes shall be subject to the weighting provided for in Art icle 8 be low

those ~otes shall represent the majority of the Contracti ng Parties voting.

4. The measures referred to in Arti cle 6.2 (b) shall be tak.en by the Comm ission in

accordance wit h paragra ph 3 above , pro~ided that the majority calcu lated Hccordingly

is not less than 10% of the weighted ~otes cast.

5. Recomme ndations by the Commission shall require the votes of the majority of

the Contracting Parties.

Articl e 8

L The weighting referred to in Article 7 shall be determined according to the

following table

Annual contribution of a Contracting Party

asa percen tage of the total annual contri but ions

Number

of votes

of all the Contracting Part ies

I

Less t han 1%

From I to less than 2%

From 2 to less than 3%

From 3 to less than 4 11.!%

From 4 th. to less than 6%

Fro m 6 to less than 7 11.!% . .. .. .. . ... . " ' '' ' ''

From 7lf.! to less than 9% . ....... .

From 9 to less than 11 % ..

From I t to less than 13% ......... .

From 13 10 less th an ]5% . ........ ... .. ........... . ...................

From 15 to less than 18% .. ... ... ............... .. ....................

From 18toless than 21% .. . .. . .... ..... . .. . .. .. ............. ... ... .. .

From 21 to less than 24% .. . .. . .. . ............ ......... ....... ... ... .

From 24 to less than 27% .............................................

From 27 to less than 30% ........ .............. .. .............. ...... ,

30% ... ....... .. . ..... .. ..... . ..... .. ... ..... .... .. .........................

2. The num bers of votes shall be in itially established willl effect from the date of

entry inlo force of the Protocol opened fo r signature al Brusse ls in 1981 by reference to

Ihe above table and in accordance with the rule in Article 19 of the Statute of the

Agency for determ ining the annual contributions of the Contracting Parties to the

Organisation's budget.

3. In the event of the accession of a State, the numbers of votes of the Contracting

Parties shall be re-estab lished in accordance with th e same procedure.

4. The numbers of votes shall be re-establi shed each year in accorda nce wit h the

foregoing provisions.

Article 9

I. The Commission shall establish its rules of procedure which shall be adopted

unani mously.

2. Those rules sha ll include inter alia tile ru les relating to the office of President , to

th e establishment of working groups and to the working languages of the Commission.

Article 10

Th e staff and facilities requireu for the operation of the Comm ission SI1311 be maue

avai lable to it by the Age ncy.

Article 11

I. The Commission shall maintain with the app<opri3te States anU inte rnatio nal

o rganisat ions the necess<u)' relat ion s for the realisation of the aims of the Organisa tion.

2 . The Commission sllall in particular, without prejudice to the provisions of

A rt icles 6.3 and 13, be alone e mpowered to concl ude on bellalf of the Organisation

those agree ments with international o rga nisa tions, the Contracting Parti es or otller

States which arc necessary for the performance of the Organisation 's 13sks provided for

in Arti<:le 2.

3. A t the proposal o f the Agency, the Commission may delegate to the Agency the

decisio n to open negotiations and to conclude agree me nts necessary for the

performance of th e tasks refe rred to in Article 2.

Art icle 12

Th e agreements between tile Organisatio n and o ne or mOTe Contracting Parties , or

on c or more non -member States, or an international organisation. relating to the tasks

refe rred to in Article 2 shall stipulate the respective tasks . rights and obligations o f the

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Parties to Ihe agreements together with the financial arrangements. and shall estahlish

the measures to be taken. Such agreements may be negotiated by the Agency in

aa::ordance with the provisions of Articles 6.3 and 11 .3.

Article 13

Within the scope of the directives given by the Commission, those relations which are

essential for th e co.-()rdination of air traffi c and for the operation of the services of t he

Agency may be established by the Agency with the appropri ate technical services,

public or private, of the Contracting Pa rties. of non-contracting States or of

international organisations. For thal purpose, contracts of a purely administrative,

technical or commercia l nature , in so far as they are required-fo r the o peration of the

Agency. may be entered into by the Agency. in the name of the Organisation, on

condition that the Agency so informs the Commission.

Article 14

J. The character of public interest shall where ne.:essary be recognised. ill

accordance with national law and with the consequences wh ich result from the

pro~isions of that law relating to expropriation in the public interest, as regards the

acquisition of immovahle property necessary for the siting o f the Organis~tion's

installations. subject to the agreement of the Government concerned. The procedure of

expropria tion for reasons o f public interest may be set in motion by the competent

authorities of the State concerned, in accordancc with its national law, for the purpose

of acquiring such property failing amicable agru ment.

2. In the territory of the Con tracting Parties where the procedure referred to in the

preceding paragraph is not in existence, the Organisation may h~ve the benefit of those

procedures for com pulsory purchase which can be used for the benefit of civil aviation

and telecommun ications.

3 . Th e Contracting Parties recognise the right of the Organisation to benefit, in

respect of any installations and services established on its behalf in their respective

territories , from the application of national law as to those restrictions o n the rights of

owne rs of immovable property which may exist in tlte public inte rest for the benefit of

national services for the same purpose and in particular as to easements in the public

in terest.

4 . The Organisation shall bear the expenses consequent upon the application of the

provisions of this article , including the compensation payable in accordance with the I~w

of the State in the territory of which the property is situated.

Article 15

In the event of the Organisation perform ing the tasks provided for in Article 2.2 (b),

the Agency shall apply the regu lations in force in the territories o f the Contract ing

Parties a nd in the airspace in respect of which the provision of air traffic services is

entrusted to them under international agruments to wh ich they are Parties.

Article 16

In the event o f the Organisation performing the tasks provided for in Article 2. 2 (b),

the Agency shall. within t he limits of the powers conferred on the air traffic se rvices ,

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give all necessary instructions to aircraft commanders. l 1Je aircrlIft oommaooers shan be

bound to comply with those instructions, except in the cases of force rlUJjeure provided

for in the regulations referred to in the preceding article.

Article 17

In the even t of the Organisation performing the tasks provided for in Anicle 2.2 (b),

infringements of the ai r navigatio rl regulation s commiued in the airspace in wh ich the

provision of air traffic services is entrusted 10 the Agency shall be recorded in reports by

nHiccrs specifically authorised by the Agency for that purpose. wi thout prejudice 10 the

right under llaTiona l lawof ofrK:Cr'Soflhc Contracting Parties!O report infringements of

the <;amc nature, The reports referred 10 above sha ll have Ihe same eHect in nat ional

courts as those drawn up by na tional officers q ualified to report infringements of the

same nature.

Article 18

I. T he circulation of publications and other inFormation material sent by or to the

Orga nisation in connection wit h its official activities sh all not be restricted in any way.

2. For its officia l commu nications and the transfe r of all its documents. the

Org;,nisolt ion shall enjoy treatment not less favourable than that accorded by each

ContraCling Party to oomPl'rab le interna tional organisations.

Article 19

11,e Organis.;ltion shall be exonerated. in the Sta te in which ils seat is loc;,tcd and

I.

in the te rritories of the Contracting Parties, from all dUlies. taxes and charges in respect

of its creation. dissol ution or li'luida tion.

T he O rgan isation slmll be e.~oneraled from anyu uties. taxes and chargesentai1cd

2. by the acquisition of the immovable prope rty requi red for the acoompli shment of its

task .

3. The Organisatio n shall be exo nerated from all ui rect laxes applicable to it. its

properly, asscsts a nd income.

4. The Organ isation shall be exone rated from any indirect fiscal charges

consequential on Ihe issue of loans and incident upon \t,e O rgan isation.

5. Jt shall be exonerated from any taxation of an exceptional or discrimina ting

natu re.

(,. The exoneralions provided for in this article shalloot apply to taxes and charges

co llected as payment for public utility ser~ices.

Article 20

I. The Organisation shall be exonerated from all customs duties and laxes or

charges of equivalent effect. other than ch"rges in respect of servi~'Cs rendered. and

sl1;l1l be exempt from any import or e xport prohibition or restrict ion in respect of

materials. equipment. supplies and ot her articles imported for the official use of the

Org;U1i~at ion and uestincd for the buildings and installations of the Organisation or for

its functioning.

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2. T hc goods so imported nmy not be sold. loaned or transferred, cithcr without

payment or against payment. in the territory of the Party into which they havc been

introd uced . e ~ccp t ullde r thc COTlditioTls fi~ed by the Govemmerlt of the Contracting

Pa rty conccmcd.

). Any control measures deemed to be expedient may be taken to ensure that the

materi als, equipmellt. supp lies and mher articles refe rred to in paragraph J alld

imported for consignment to the Organisation have been effectively delivered to that

O rganisation and are effectively used for its official buildings and instanations or for its

functioni ng.

4. Furthe rmore, the Organisation shall be exonerated from an customs do ties a lld

exempt from any import or export prohibition or reSIr;ctioll in respect of the

publications falling within the seope of Article 25 of thc Statute annexed hereto.

Article21

I. The O rganisation may hold any currency and have accounts in any currency in so

far as is nccessary for the execution of the transactionsrequired for its purpose.

2. The Contracting Parties undertake to give the Organ isation the ne~'essary

autho ris.lu ions for all the transfers of funds. in accordance with the conditions

prescribed unde r national regulations and internat ional agreements as applicable.

ent ailed by the estahlishment and activity of the Organisation. including the issue and

service ot loans when the issueofthose loans has been authorised by the Government o f

the Con tracting Party concerned.

Article 22

I. The Agency may call upon the services of q ualified persons who arc nationals of

the Contracting Parties.

2. The staff of the Organisation and members oftlwrr families forming part of their

households. shall enjoy the exemption from measures restricting imm;gration and

governing aliens' registration generally accorded to staff members of comparable

in ternational organ isations.

). (a) The Contracting Parties, in ti me of international crisis, shall accord to the staff

of the Organisatio n. and the members of their fa mities forming part of their

households, the same repatriation facilities as the staff of other international

organisations.

(b)

The provisions of (a) above shall not affect the stafrs obligations \0 the

Organisation.

4. No exception may be made to the provisions of par.lgraphs 1 and 2 of this article

except for reawns of public policy, public safety or pub lic health .

5. The staff of the Organisatio n

(a )

shall be granted exemption from customs duties and charges. othe r than those

in respect of services rendered , in the ca<;e of the importation of their personal

effects. movable property and other household effects "'hich arc not new,

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which !he~ bring from ahro;.d on First laking up rc~irJc ncc in the territory in

(I"est io n. and in the case o f the rc-exportation of Ih.osc same effects and

movable property, when they re linquish their duties;

m~y. on taking up their duties in The te rritory of anyone of the Contracting

(b)

Parti es. import the ir personal motor car temporarily wi th exemption from

duty. and SUbsequen tly. but not later than on termination of their pe riod o f

service, rc-e xport that vehicle with exemption from duty. subject, howe ver, in

either eve nt, 10 an y conditi ons deemed to be necessary in each individual case

by the Government of tile Contracting Party co",.:erncu;

(c)

shall enjoy invio labi lity for all the ir official papers and documents .

6. The Contracting Parties shall not be obliged to grant to their own nationals the

facilities provided for in paragraph 5(a) and (b) above.

7. In addition to the privileges. exemptions and facili ties granted to the staff of the

Orga nisation. the Direc tor General of the Agency sh all e lljoy immUllity from

jurisdiction in respect of acts. including words spo ken and wrillen. done by him in the

exe rci sc o f hi s fun ctions; this immunity shall not apply in the casc of a motor traffic

offence o r in the case o f damage caused by a motor vehicle belonging to or driven by

8. T he Governme nts concerned sha ll take all the necessary measures to ensure the

unrestricted transfer o f net salaries.

Article 23

Representatives of the Contracting Parties shall. while exe rcising thei r functions and

in the course o f the ir journeys to and from the place of meeting. enjoy inviolability for

all th eir official papers and documen ts.

Article 24

B)' reason o f its own social secu rity scheme. the Organ isa tion. the Dircctor Genera l

and Sla ff of the Organisation sha ll be exempt from all compulsory con tributions to

nationa l social security bodics, wi thout prejudice to amlgcments betwecn thc

Organisat ion and Contracting Parties exist ing at the ent ry into force of the Protocol

opened for signa ture at Brussels in 198 1.

Article 25

I. T he contractual liability o f thc Organ isation shall be governed by the law

applicah le to the cont ract co nce rned .

2. With rcgard to non-oont raclual liability, lhe Organ isation shall make reparation

for damage ca used by the negligence of its organs, orof its serva nts in the scope of thei r

employmcn t. in so far 3S that damage can be attributed to them. The foregoing

provision shall not preclude the right to other compensation under the national law of

the Contracti ng Pa rties.

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Article 26

I. (a) The installations of the Organisation shall be inviolable. The properly and

assets of tile Organisation shall be exempt from any meaSure of requisition.

expropriation or confiscation.

(b ) The archives of the Organisation and a ll official papers and documents

be longing to it shall be inviolable. wherever located.

2. The property and assets o f the Organisation may nOI be seized. nor may

execution be levied lIpon them. except by a judicial decision. The installations o f the

Organisation shall nOi. however. be seized nor shall c xe.;ution be levied upon them .

3. Nevert heless. in orde r 10 enable judicial inquiries 10 be carried out aod 10 e nsu re

the execution of judicial decisions in their respective territories. the competent

authorities of Ihe Slate in which the Organisation has its headquarters and of other

States in which installations and archives of the Organisation are located shall. after

having informed the Di rector General of the Agency. have a~'CCss to such installations

and archives.

Article 27

I. The Orga nisation shall collaborate at all times with the competem authorities of

the Contracting Parties in order to facilitate the good administration of justice. to

ensure the observance of JXllice regulat ions and to prevent any abuse to which the

privileges. immunitics. e~cmpt ions or facilities specified in the present Convention

could give rise.

2. The Organisation shall facilitate as far as possible the execution of public works

inside or in the vicinity of any immovable propert)' allocated for its use in the territories

of the Contracting Parties.

Article 28

In the event of the Organisation pcrfonning th<: tasks provided for in Article 2.2 (b).

international agreements and national regulations relating to the admission 10. flight

over and security of. the territory of the Contracting Parties shal l be binding on the

Agency. which sha ll take a ll ne~=ssary measures to ensure the application of such

agreements and regulations.

Article 29

In the event of the Organisation performing tile tasks provided for in Article 2_2 (b).

the Agency shall be hound to give tllose Con tracting brties wh ich so request all

necessary information relating to the aircraft of which it hascognisancc in the exercise of

its functions. in order that the Contracting Parties may be able to ,-erify that

inte rnational agreements and national regulations are being appli ed.

Article 30

The Contracting Parties recognize Ihat it is necessary for the Agency to achieve

financial equilibrium and undertake to make available to it. taking into account its own

revcnue. the appropriah: financial resources within the limits and condi tions defined in

the Statute allllexed hereto.

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Article 3 I

I. Any dispute which may arise either between the Contracting Parties, or betwecn

the Contracting Parties and the Organisation representcd by the Commission. relating

to the interpretation o r application of the present Convention or of its anne~es and

which it has not been po~ible to settle by di rect negotiation or by any other lj1ethod,

sh;dl be referred to arbitration on the request of anyone of the Parties.

2. For th<ll purpose. each oftl>c Parties shall in each casc Ilominale all arbitrator.

alld the arbitrators sha ll agree on the nomination of a third arbit rator. Shouldoneofthe

Parties not have nominated its arbitrator within two months of the date of receipt of the

request of the other Party, or should t he nominated arbitrators fail, wi thin t hose two

months. to agree on the Ilomillatioll of the third arbitrator. any Party may re\jue~t t he

President of the Inlemaliollal Court of J ustice to make the Ilominaliolls.

3. The arbitral tribunal shall de termine its ow n proced ure.

4. Each Party shall hea r the costs of its own arbitralor and its represe ntation in the

proceedings be fore the tribunal; the costs of the t hird arbitrmor and the other costs shall

be bome equally by the Parties to the dispute. The a rbitralt ri buna l may. however.

determine a different sharing of costs if il thin ks fit.

S. The decisions of the arbitra l tribunal shall be binding on the Parties to the

dispute.

Article 32

I. T he Statute of the Agellcy, likewise any m,,uifications wh ich. subjc.:t to the

conditions prescribed in the present Convention 31ld in the Statute annexed thereto, arc

mi"le 10 the aforesaid Statu te shall be valid alld have effect in the territory of the

Con tracti Ilg Parties.

2. Any modificat ion o f the provisions of the Statute shi<lI be subject to the approval

of the Commission. carried by the ullanimous vote of its members.

3. The provisions of Articles I, 11. 19 and 20 of the Statute annexed hereto shall

not. howeve r. be subject to modificmion by lhe Commi~io ll .

Article 33

In t he event of a state of emergency or war, the provisio ns of the present Convention

shall not affect the freedom of action of the Contracting Parties involved.

Article J4

The Contracti ng P~rties undertake toe llsure the application to the Agencyof Curren t

statutory provisiolls designed to e llsure the continuity of public services.

Article 3S

I, T he validity of the presen t Convention. as amellded by the Protocol opened for

signature at Brussels in 19111, shall he utended for a pe riod of twenty years from the

d;ltc of entry into force ofl he said Protocol.

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2. That period shall be automatically prolonged for periods of five years. unless a

Contracting Parry has. by written notice given to the Government of the Kingdom of

Belgium at least two years before the expiry of the cunent period, expressed its

intention to tenninate the Convention. The Government of the Kingdom of Belgium

shall notify the Governments of the other States parries to the Convention of such

notice.

3. If. in application of the foregoing the Organisation is dissolved. it shall be

deemed to exist for the purposes of its liquidation.

Article 36

I . The accession to the present Convention. asamended by the Protocol opened for

signature at Brussels in 1981. of any State nOI signatory to the said Protocol shall be

subject

(a)

to the agreement of the Commission carried by a una nimous vote. and

(b)

to Ihe State depositing at the same time an instrument of accession 10 the

Mult ilateral Agreement relating to Roule Charges opened for signatu re at

Brussels in 1981.

2. The President of the Commission shall notify the non-signatory State of the

decision to accept the accession.

3. The instrument of accession sha ll be deposited with the Government of the

Kingdom of Belgium which shall notify the Governments of the other signalOry and

acccdingStates.

4. Accession shall take effect from the first day of tile seooRd mORlh following the

deposit of the instrument of accession.

ANNEX I

Statute of the Agency

The Agency established by Article 1 orthc Convention shall be govcrned by the pre-

sellt Statute.

ARTICI...1;;2

I. The AgellCY shall be thc orgall respolIsible for the performance of the lasks en -

trusted to it by the Co nvention or by the Commission.

2. Whell the Agency provides air 113vigation services. its objectives shall be

(a)

10 prevent collisions betweclI aircraft;

(b)

10 ensure the orderly a nd rapid flow of air traffic;

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(c)

10 provide advice and information conducive 10 the safe and efficient conduct

of flights;

(d)

10 notify appropriate organisations regarding ai rcra ft in need of search and

rescue aid, and assist such organisations as required .

3. The Age ncy shall in stall the necessary facilities forthc perfo rmance of its task s

and shall ens ure the ir satisfactory operation.

4. To that end, the Agency shall work in close collaboration with the militDry

authorities in order to mect as efficiently and economicall y as possible the requirements of

air traffic a nd thc special requiremcnts of military avia tion .

5. For th e acco mplishment of its task on the conditions la id down in Articlc 7.2

below, the Agency may, amon g othcr things, const ruct and operate the buildings and

installations it req ui res, in particular air traffic research and experimental ce ntres, a ir

traffic flow management cen tres, and sc hools for th e advanced and specialised training

of personncl of a ir naviga tion services. Howe~er. it shall call upon natio nal tec hnical

se r~ices and mak e use of exist in g national installations wh e ne~e r thi s is possible, in

o rder to avuid any dupl ica tion .

ARTICLE 3

Subject to thc powers con ferred upon th e Commission , the Agency shall be adminis-

te red by a Committee of Managemc rll, he re in after called " the Committee", and by a

Director General.

ARTtCLE4

I. The Committee shall be co mp(>SCd of representati~es of each o f the Contract-

ing Partics, which may appoinl several rcpresen tati~es inordertoallow in particular Ihe

rep rese rllalion of the inte rests of both ci~il aviation and national defe nce. On ly one o f

Ihe representatives shall have the power to vole and he sha ll be a hi ghly place d official

exercising in his country responsibilities in mallers of air navigation. Each represe nla-

tive shall have an alternate who shall vali dly represent him if he is unable to be present.

2. For the pu rposes of Article 2. I (f) o f the Convent io n, the Committee shall be en-

larged to include representatives of non-me mber Slates which are parties to the Mul-

til ateral Agreement relating to Route Charges. The Com mittee thus enlarged shall take

decisions in accordance with the provisions of the said Agreement.

3. Where provisio n to that effect is made in 'he other agrcemen tsooncluded by th e

Organisation with non-membe r States in accordance with Article 2. I of th e Con~en­

tion, in particu lar for air traffic flow management, theCom mitteeshall be enl arged and

shall take decisio ns in accordance with the provisions of those agreements.

ARTICLE 5

For rncctingsoflh e Comm ill ee aquorum sh all consist of the representali~es,cn·

I.

lilled to vote, of all but one of the Contracti ng Part ies.

2. I f the quorum is nol at1ained, the deliOerations shall be defe rred until a meeling

10 be co rlVened for 3 lale r date 110t earl ie r th an ten days after the preceding meetin g; at

Ih ~ 1 meeting a quorum shall consiSI o f at least half the number of representatives en li -

tied to VOle.

ARTI CLE 6

I. The Committee sha ll esta blish its rules of proced ure , including rules gove.ming

the elec tion of a Pres ide nt and Vice- Preside nt and the appointment of a Secretary.

2. Those rul es shall indude provisions relating 10 disqualifications. Furthermo re .

they shall prescribe that notices conveni ng meet in gs sha ll be se nl by !cu er or, in case of

urgency, by telegram, anu shall include the agenda.

The ru les shall be subject to the approval of the Com misssion.

3. AIH1CLIi 7

1. The Co mmiuce shall mak.e decisions on the orga nisatio n o f the Agency in

respec t of which proposals 511all be submitted to it by the Director General.

2. It shall . however. sub mit for Ihe approval of the Co mmission measures to be

taken in pursuan ce of Anicle 2.5 above.

ARTICLE 8

Every year the CommiUee sh all report to the Corn mission on the activit ics nnd finnn -

eial positio n o f the Organ isat ion.

AKTt CLE9

I. At the requcst o f the Commission. the Co mmitt ee shall prepa re investment and

work programmcs e xtending ove r sevc ra l years. The programmes Sh,111 be subject to the

approval of th e Commission.

2. In p~ rticul~r. the Committee shall , for subm ission for approval by the Commis-

sion in accordance with the provisions of the Convention

drdw up a programme o f ta5ks provi ded forin Art icle 2.1 (a), (c), (f) and (j) of

the Convention;

(b)

fo rmu late the long-term common objcc tive s provided for in Article

2.1 (b) of the Conventi on

(c)

study the rcsea rch and de velopement programmes provided fo r ill Article 2.

(g) of the Convention;

(d)

draw up rhe medi um-term common pb n. provided for in Article 2.1 (c)oft he

Con vention and formulate the common policies in respect of ground ~nd ~ir­

borne syste ms a nd pe rsonnel train ing provided for in paragrap h I (u) o f the

said article;

(e)

adop t the agree men ts provided for in Article 2 of the Convention;

arrange for the studies provided for in Article 2. 1 (h) and (i) of the Co nve n-

ti on.

3. Within the limits of any delegation by the Commissio n pursuall t to Article 11.30r

the Convention, the Committee shall take the decisi on to o pen IIcgotintiolls with a view

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10 conclusion of the agreements referred to in Article 2 of IlIe Convention and sha ll BP'-

prove, whom: appropriate , the agrccme ll ts negotiated.

ARTICLE JO

The Committee shall draw up , and submit for the Commissio rl 's approval

regu l~ tioJls relating to lc nders . the letting of cont racts for the supp ly of goods

and se rvices to the Organisation and the conditions governing such conl rncts;

the gcncm l conditions of contract for the supply of services by the Organisation.

ARTICLE 11

The Committee 511all draw up and submit for the Commission's approva l the Fina n-

cial Regulations, which shall determine , in particular, the acrQunling procedures to be

followed in respect of income and e~ pc: n diture, the cond itions goveming payment of

national cOlllribulions and tile terms On wllicllloans ma~ be ra ised b~ the Organisation.

AltTtCLE 12

1. TIle Com mi uee shall draw up and submi t for the Commission's appro~al the

Agency·s Staff Regulations

the~ shall include, in particular, pro~isions relating TO the nationality of person-

nel , salar~ scales, pensions, disqua lifications for office, profcssional sccrecy and

~"Qnti nuity of the 5er~icc;

the ~ sha ll specify those pusts which may not be hel d in plurality with any other

post without the special autho risation of the Director Gene ral.

T he Admini5trati~e T ribunal of the International Labour Organ isation shall

2. ha~e sole jurisdiction in disputes between Ihe Organisalion and Tile personnel of the

Agency , \0 the exclusion of the jurisdiction of all other courts and tribunals, nmionaJ or

internat ional.

ARTtCLE 13

I. The Agency shall be empowered to recru iT personne l direCTly only if the Con-

tmet ing Parties a re unable to make qualified pe rson nel a~ai l abl e to il. Howc~e r, the

Agenc~ may agree with States which are not memben;ofthe Organisation to permit the

emp loymcnt of 'lualificd personncl from such StaTes in con nection with the impl emen-

tatiun of the agreements re ferred to in Artide 5.2 and J of the Con~ention.

2. Personne l pro~ided by ;l national adm inistration shall be subject, th roughout the

IX'riod of thei r employment by the Agency, to the AgeTlcy·s Slaff Regulations, witho ut

prejudice to thc rele nTi on OfThosc ca reerbencfits which are guaranteed by national reg-

ulations.

3. Staff pro~idcd b~ a nalional administration may alwa~s be returned to th at ad-

minist rm ion withOUT the return being regarded as a disciplina ry measure.

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ARTICLE 14

I.

Decisions shall be taken by the Committee by a weighted majority vote.

2, A weighted majority shall meall more than half the votes east, il be ing under-

stood that

those votes are weighted in accordance with Article 8 of the Convcmion;

those votcs represent a majority orlhe Contracting Parties voting.

3. Should an equal numbe r of votes be cast for and against the proposal, the Presi-

dent shall decide either to take a second vote during Ihe same meeting. or 10 include the

proposa l in the agenda o f a further meeti ng for which he shall fix the date. Should an

equal number of votes again be cast during the further mee ting , the Presidcntshall have

a casti ng vote,

ARTICLE 15

1. The Director Gene ral shall be appointed for a term of office offi ve years by the

Comm ittee by a vote ta ken in accordantt with Anicle 14.2. provided thattne majority

calcula ted in accordance with the aforesaid paragraph 2 is oot le55 than 70% of the

wieghted votes cast. His te rm o f office may be renewed in th e same manner.

2. The Director Genera l shall represellt the Orgallisation in legal proceedings and

for all civil purposes.

3. Funhe rmore. in con formity with the general policy established by the Commit-

tee and the Com mission , the Director General

(a)

shall be responsible for the efficiellt functioning of the Agency;

m~y appoin t llle staff and may te rminate their services in accordance with the

(b)

Staff Regulations;

may borrow money for a term not eltceelling onc year in 3ccorll~nce wilh the

Financial Regulat iolls anll withi n the limits lIe terminell for that purpose by

the Com rn i)~iu " ;

may enter into contmct both for the supply of goods and se rvices to the Or·

(d)

ga nisation and the sa le of goods and services by the Organisation in accor·

dance wit h the Regulatio lls refe rrell to in Art icle 10 and within the limits lie·

termined for those purposes by tile Commission.

4. The DirectorGeneral may discharge the a fore.~aid functions without prior refer-

ence to the Committee, but in all cascs he shall keep the Committee informed of the

measures ta ke n in the eJ(ercise of the a foresaid powers.

5. The Committee shall dete rm ine the conditions unller which a substitute for the

Director Ge neral may be appoi nted shoulll he be unable to pcrfom his duties.

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ARTICLE 16

I. Estimates of all receipts and eKpendilure of the Agency shall be prepared for

each financial yeaT.

2. The budget sha ll be balanced as between rece ipts and expenditure. Agency re-

ceipts and expenditure in respect of research and uperimcntal cent res, schools and any '

other institutions sct up under Article 2.5 above sha ll be rcx:orded in detai l in a special

SlalcmCIII.

3. Financial Regulations adopted pursuant 10 Article J] above sha ll make provi-

sions for estimating, putting i"lodfec! and auditing the Agency's receipts and expc Jldi-

tures, subject to the provisions of the present Statute.

ARTI CLE 17

1. The financial year shall begin on 1 January and cnd on 31 December.

2. The estimates for each financial yearshall be submincd by the Committee for the

approval of the Commission not later than 31 October in each year.

ARTICLE 18

The CommiTtee shall submit for approval by the Commission proposals concerning

the format of the budget and the unit of aceount to be used.

ARTICLE 19

I. Without prejudice to the provisions of paragraph 2 below. the annual ooruribu-

tion of each Contracting Party to the budget shall be determined, for each financial

year. in accordance wit h the followi ng formula

(a)

an in itial 30% o f the eontrih ution shall be calcul ated in proportion to the

va lue of the Gross Nat ional Product of Ihe COlltracti ng Party. as defined in

paragrap h 3 below;

(b)

a fu rther 70% of the oontribution shall be calculated in proportion to the

value of Ihe mule facility cost-base of the Contracling Pa rt y as defined in

paragraph 4 below.

2. No Contracting Party shall be required to pay. in any financia l year. a contribu-

ti on in excess of 30% of the total amoun t o f contributions from the Contracting Parties.

Should the contribution of anyone Contracting Party calculated in accordance with

paragraph I above exceed 30%, the excess shall be dist ri buted among the other Con-

tracting Parties according to the rules laid down in the aforesaid paragraph.

3. The Gross Nationa l Product to be used for thc calculations shall be obtained

from the statistics compil ed by the Organis~lion for Economic Co-operation aTld De-

velopment - or failing that by any other body affording equivalent guaramees and de-

signated under a decision of the Commission - by calcu lating the arit hmel ical mcan for

the last three years for which those statistics are avail" ble. l be value of the G ross Na-

tional product shall be that which is calculated on the basis of factor cost and current

pricesexpresr.cd in European Units o f Account.

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4. The route facility cost-base to be used for the caiculatious 6hall be the c06t-base

established in respect of the last year but onc pre.:eding the financial year concerncd.

ARTICI..E20

1. 11le Organisation may borrow on the internmional financial markets in order to

obtain the necessa ry resources for the accomplishment of its tasks.

.

2. The Organisation may issue loanson the financial marketsof a Contracting Party

in 3CUJrdance with national law relating to intcrnal loans, or, in the absence of such law,

with the agreement of the Contracting Party.

3. 111e Financial Regulations shall determine the procedures by which the Organi-

sation raises and repays loans.

4. Each budget shalt specify the maximum amount which the Organisation may

borrow during the year covered by that budge!.

5. In mauers fall ing wi thin the scope of the present article. the Organisation shall

act in agreement with the competent authorities of the Contracting Parties or with their

banks of issue.

ARTtCLE21

The budget may be revised during the financial year, if circumstances so require, in

aCUJrdance with the requirements prescribed for its preparation and approval.

ARTICLE 22

I. The aCUJunts of all budgctary receipts and expenditure shalt be examined annu-

alty by a control board consisting of two expert officials belonging to the administra-

tions of the Contracting Parties. These officials, who shalt have different nationaliti es,

shall be appointed by the Commission on the proposal of the Committee in aCUJrdance

with Article 6.2 (b) of the Convention. The expenditures reJati ng to the control board

shall be borne by the Organisation.

2. The audit, whieh shalt be made from the vouchers and if necessary ill.!ilu. shall be

designed to establish the regularity of th e receipts and expendi tures and to vcrify that

the financial administration is satisfactory. The control board shall present a report to

the Com mission aftcr the end of each financial year.

ARTtCLE23

I. Administrative orteehnical inspcctio nsof the services of the Agency may becar-

ried out, ifsorequired by the Commission, actingeithcron its own initiative or at the re-

quest of the committee or Director General.

2. Sueh inspections shall be made by officers of the administrationsofthe Contract-

ing Parties. Each inspection committee shall consist of atleas\ two persons of different

nationalities and shall include as far as possible a person who has taken pari in a previ-

ous inspection.

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""

ARTICLE24

The Com mittee shall determine the wo rk ing languages of the Agency.

AItTICLE25

The Agency sha ll issue the publications necessa ry for its operation .

ARTlcu :: 26

111C Comrmltce shall submit for the approval or lhe Comm ission any modificat ions of

the Stat ute which arc cons ide red 10 be necessary by the Committee, subject 10 the pro-

visions of Artide 32.3 of t he Convention.

ANNEX2

Flile ht Informallon Regions

(Article J of the Conventlon)

COII/rac/ing Parties

Flight Information Regions

Thc Federal Republic

Haoroovcr Upper Flight Jnformation Region

o f Germ any

Rhe in Upper Flight InFormation Region

Brcmen Flight I nformation Region

Dliseldorf Flight InFormat ion Region

Frankfurt F1ighl lnformat ion Region

Munchen F1iglll l nformalion Region

The Kingdom of Belgium }

Bruxelles Upper Flight Information Region

The Grand Duchyof

Bru~elles Flight i nformation Region

Luxembourg

The French Republic

France Upper Flight In for mation Region

Paris Flight Information Region

Brest Fl ight Information Region

Bordeau~ Flight Information Region

Marseill e Flight Informat ion Region

The U nited Kingdom of

Great Brit~ i n and

Northern Ireland

Scottish Upper Flighl Information Region

Scottish Flight Information Regi on

London Upper Flight Information Region

London Fli ght in formation Re gion

Ireland

Shannon Upper Flight Information Region

Shan non Flight Information Region

The Kingdom or the

Neth erlands

Amsterdam Right i nformation Region

The I'ortuguese Repu blic

Li sboa Uppe r Righl l nformalion Region

Lisboa Flight lnrorm~tion Region

Santa Mar ia Fli ght Informat ion Region

ANNEX 3

Transitional pro~isions covering trander from the arrangements existing under the

EUROCONTROL International Cun,·elltiun relating tu Co-operatiun for the Safety of

Air Navigatioll of 13 Oec:ember 1?60 10 Ihe arrangements under Ihe COIl'·enlion as

amended by Ihe pcestnl Protocol.

ARTICI_E I

D EFINIT ION

For Ihe purposes of the present AIlIlex

"se~e n States

H

means th e Federal Republic of Germ any, the Kingdom of Be l-

gium, the French Republic. the United Kin gdom of Great Bri tain and Northern

Ireland, Irela nd , the Grand Duchy o f Luxembourg and the Kingdom of the

Netherlands;

"four Sta tes means the Fedcral Republic of Ge rmany. the Kingdom of Bel-

H

gium, the Grand Duchy o f Luxembourg and the Kingdom o f the Netherlands;

~transitiona l pcriod~ means the period from the date of entry into force of the

pTesent Protocol unt il.ueh time as the Commission. by a unanimous vote of the

seven States Oil a proposal from the four States. has agreed on future arrange-

ments for the Maastricht Centre and has decided to implement them .

AR"rtCLE2

M AASTR1 C HT CONTROL CENTRE

I. The following provisions of th is article shall apply during th e transitional period.

2. (a)

Maastricht ContTol ("e ntre. including its sta ff, shall con tinue to be the re-

sponsibility of the Organisation, whose property it shall remain.

(b)

The said Centre shall continue to provide air traffic control services in Ihe

airspace entrusted 10 it in pursuance of Ihe Convent ion of 13 December

1960. In the e~ ercise of its fUllctions the Organisation shall apply the provi-

sions of paragraphs 10 to 15 of this article.

(c) The operating costs in respcetof such funct ions shall be financed by the four

States in accordance with a cost-sharin g formula to he agreed between

them.

3. The seven States shall contribute to the cos t of invest ments in respect of the

Maast richt Centre approved prior to the entry into force of the present Protocol in

proportion to their respective Gross Nati onal Products as defined in Article 19.3 of

Anne~ I.

4. (a)

The Contributions of Ihe seven States. on the basis refe rred 10 in paragraph

3, shall he used 10 finance only such new investments at Maastrieht as are

necessary to mainlain the scale of the facilitics and services approved up 10

the date of entry in lo force of the present Protocol or to preserve the level of

safety .

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I1I

(b)

By derogation from A rticle 7 of the Convention, decisions o n such invest-

ments sh ~1I be ta ken by the Commi ttee and the Commission by a majority

vote of the seven States, it being unde rstood tha t

-

the votes are weigh led in accordance with the table below,

-

the votes rep resent at least five out o f the seve n States.

(c)

The table referred to in sub-paragraph (b) above is as folloW1l

WE IG HT TABLE

Gross National Product according 10 factor cost and current prices in thousands of

mi ll ions of French francs

Number

of VOlts

I

Less than 10 .................................................... .. ............ .

From 10 inclusive to 20 exclusive ..................... ... ..... . .......... .

From 20 inclusive to 30 exclusive .................... ....... ...... .

From 30 inclusive to 46 /) eKclusive ..... .... .. .......................... .

From 46 /J inclusive to 63' fJ exclusive ..... ............................. .

From 63'/Jinclusive 10 80 excl usive ...................................... .

From 80 inclusive to 110 exclusive . ............... ....... ............... .

From [10 inclusive to 140 e xclusive ................................ .. . .. .

From 140 inclusive to 200 excl usive ..... .. ....................... .. ..... .

From 200 inclusive to 260 exclusive

to

From 260 inclusive to 320 exclusive

From 320 inclusive to 380 exclusive

and the reafter onc addition~l vote for each additional increase or fraction the reof of

sixty thousand million French francs.

S. A sum equivalent to the receipts from route charges in respect ofl he amounlS for

annual amortisalion and interest on the capital e ~ pe nditure at the Maastricht Centre

shall be payable by the four States in accordance wilh a cost-sharing formula to be

agreed between them. This sum shall be redistributed to the seven Stales in proJXlrtion

10 their average contributions to the Investment Budgets from 1974 to [980 in the case

of investments financed before 31 December 1980, and 10 Ihei r actua l contributions in

Ihe case of investments financed after that dale.

6. (3)

From Ihe date of entry into force of the prese nt Protocol, the radar

i nSla ll ations and lransm itting and receiving stations which form an integral

part of the Maastricht Ce ntre syste m and are used to provide air traffic

services shall beoome the property o f the Stales in which they are located.

(b)

The said States shall purchase the above-mentioned facilities at the then

current written-down value. The proceeds of the sale sha ll be d istributed

among the seven Stales in proportion 10 their average L-ontribulions to the

Investment Budgets from 1974 to 1980 in the case of inveslments financed

before 31 December 1980, and to their actual national oontribut ions in the

case of investments financed after Ihat date.

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7. The insta llations, equipment and te<:hnical servittS made available to the

military authorities of the Federal Repu blic of Germany , in accordance with the

Agreement concl uded on 3 Novembe r 1977 between the Governme nt of the Federal

Republk of Germany and EU ROCONTROL relating to the collocation of the Gennan

Air Force at the EUROCONTROL Ma8Strieht UAC, shall contin ue to be made

available.

8. Expenditure in respect of investment costs of the Maastricht Centre which is

entered in the Organisation's budget alld is met by the seven States shall be set out in a

special budgetary annex.

9. Expellditure in respect o fthe operating and maintenance costs of the Maastrieht

Centre whieh is ente red in the O rganisation'S budget and is met by the four States shall

be set oul in a special budgetary annex.

In this Act unless the contut otherwise requires

M Agency'· mea lls th e Air Tra ffic Services Agency co mprised

in Eurocontrol, the statute of which is annexed to the Convention;

M Air Navigation Order" means the ~Colonial Air Navigation

Order. I96 I M;

MCommission·' means the Permanent Com mission for the

Safety of Air Naviga tion, which constitutes the organ responsible

for formulating th e Eurocontrol'5 general policy;

MContracti ng State- means a country which is or becomes a

party to the Multilateral Agreement Relating to Route Charges;

done 3t Brussels on the 12th February, 1981 ;

MConve ntion" means the Convention relating to Co-operation

for the Safely o f Air Navigation (Eurocontrol), signed at Brussels,

on the 13th December, 1960, as amended by the Additional

Protocol the reto signed at Brussels on the 6th J uly , 1970, which in

turn was amended by the Amendment to the Additional Protocol

signed at Brussels on the 21st Novembe r, 1978, and as amended by

the Protocol amending the Convention done at Brussels on the ]2th

February, 198]; a consolidated te)!;t of the Convention relati ng to

Co-opeTlltion for the Safety of A ir Naviga tion (Eurocontrol)

]960 and a consolida ted text of the Addit ional Protocol of ]970, are

shown in the Fi rst Schedule to this Act, so however that the texts

deposited in the Archives of the Kingdom of Belgium as aforesaid

shall prevail in case of any inconsistency between it and the te~ ts

shown in the Fir51 Schedule;

"decision creditor" means the person by whom the decision

was obtained and includes the successors and assignees of that

person;

"decision debtor" means the pe rson against whom th e decision

was given; and includes any person against whom the decision is

e nfo rce ah le;

~en route air navigation services" includes infonnation,

directions and other facilities furnished , issued or provided in

co nnection with the navigation or movement of aircraft;

"Eurocontrol" means The Eu ropean Organisation for the

Safety of Air Navigation established by the Convention . includ ing,

e~cept where the context otherwise requires, the Permanen t

Commission for the Safety of Air Navigation and the Air Traffic

Services Agency comprised in that Organisation;

"installations" means apparatus for locat ing. directi ng,

affording navigational aid to, or otherwise communicating with,

aircraft in flight. includ ing apparatus for reco rding or processing

materIal received or transmitted by such apparatus, and any other

apparatus for use in connection with any such apparatus as

aforesaid

"manager", in relation to an ae rodrome, means a person who

is in charge of it or holds a licence gran ted in respect of it by

virtue of article 61 of the Colonial Air Navigation Order, ]96] ,

pu blished by Legal Notice iO of 1%3, as kept in force by section A" XLI I! ,01 1972.

21 of Civil Aviation Act, 1972;

"Minister" means the Minister responsible for civil aviat ion

and to the exlent of the authority given , an~ person authorised in

that be half by such Minister;

"Multilateral Agreeme nt" means the Multilateral Agreement

Reklli ng to Rou te Charges. done at Brussels on the 12th February.

198]. asset out in th e Second Schedule 10 th is Act;

"preseri be" means prescribed by regulations under this Act;

"record " includes. in add it ion to a record in writing -

(a) any disc , tape , sound-track or other device in which

sounds or signals are embodied so as to be capable (wi th or

without the aid of some other instrument) of being reproduced

therefro m;

(b) any fil m, tape or other device in which visual images

are embodied so as to be capable (as afo resaid) of being

reproduced therefrom; and

(~) any photograph;

and any reference to a copy of a record includes in the eai\C of a

record fall ing with in paragraph (a) only of this definition, a

A

transcript of the sounds or signals embodied therein, in th e case

of a record falling within paragraph (b) only of this definition, a

still reproduct ion of the images embodied therein, and in the case

of a record fall ing within both those paragraphs, such a transcript

together with such a still reproduction;

"registering court" in relation to any decision means the court

by which the decision was registered;

"relevant authori ty", in relation to a Cont racting State,

means -

(a) any cou rt or tribunal wh ich , under the law o f the

State, has jurisdiction to decide questions as to whether or

not a sum is due to Eurooontrol in respect of air navigation

services provided by Eurocontrol or some other person ;

(b) any admini strative authority which , under that law,

ha6 jurisdiction 10 take, Or i. otherwise authorised to take ,

decisions in respect of such questions being decisions which

in th at State are subject to appeal to, or review by, a court

or tribuna l.

(c) any court or tri bu na l which, under that law, has

jurisdiction 10 decide any appeal from , o r carry out any review

of, a decision made in respect of any such question by another

relevant authori ty;

"State addressed" in relation to any decision means the State

in wh ich the decision is sought to be enforced;

"State of origin" in relation to any decision means the State

in which the decision was given.

(I) Where any provision of this Act is inconsistent with any

law other than the Constitution , the provisions ofthis ActshaU prevail.

(2) Nothing in this Act shall be interpreted as imposing an

obligation on the part of Malt a to divulge infonnation of a military

nature or affecting th e security of a State.

(3) Nothing in the Convention or in the Multil ateral

Agreement or in this Act shall empower the Government of Malta.

e:lcept by resolution of Parliame nt -

(a) to entrust Eurooontrol or the Agency to provide and

ope rate wholly or in part air traffic services and facilities on behalf

of Malta, or

(b) to delegate to Eurocontrol or the Agency the right to

establish diffe rently from that obtaining at present the Aight

Information Region of Malta.

(I) Eurocentrol shall have the legal capacity of a body

corporate. It shall have the right to acquire or transfer movable or

immovable property and to sue or be sued in any court of law.

(2) E:tcepl as otherwise provided in the Col1ve l1tion

anythil1g which may be requ ired or authorised by law to be dOl1e by

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or to Eurocontrol may be done by or to the Agency on behalf of

Eurocontrol.

The Mini ster may provide for Euroco nt rol any land , premise s. Pro.i""" of I.",~

installations. eq uipment or services (incl uding Ihe services of promioe> .•• <.

personnel) in Malta whicll may be required for the purposes of or in

ronnection with the functions of Eurocontrol under the Conven tion .

(1) Th e Min ister may make regulations for requiring tile Power 10 charg

payment to Eurocoll1rol of charges. of such amounts and in slIcll f?," en ~I .•

curre ncies as may be prescribed, in respect of en route air navigation :~nk:!g~:~

services whic h. whet her in pursuance of international a rrangements or

otherwise. are provided fOT aircra ft by the Director of Civil Avi ation,

or Eurocontrol o r any other person.

(2) The liabil ity for any charges payable by virtue of

reg ulations under subsectio n (I ) of this section may be imposed upon

the operato rs or owne~ of aircraft separately or jointly for which the

en route air navigation se rvices in quest ion arc a va ilable (whe the r or

not they are actually used o r cou ld be used wi th the equipment installed

in the aircraft).

(3) Regulations under subsection ( I) of Ihis section may

provide for charges payable by virtue of such regulations to be so

payable elsewhcre th an in Ma lta and to be recoverable in Malta

wherever they are payahle (wit hout prejudice to their re<:overy

e lsewhere); and liability for any charges payable by vi rtue of such

regulations may be imposed upon the operator or owner of any aircraft

whether or no t it is registered in Malta. whether or not it is in or over

Malta at the time when the services to which the charges rela te are

provided and whet her or not those services are provided fro m a place

in Malta.

(4) The cha rges to be prescribed under thi s section sha ll be

al such rates as th e Min ister may determine in pursuance of tariffs

which arc approved under any international agreemen t to which Malta

is a pa rty . and the regulations may prescribe different charges in respect

of ai rcraft of different classes or descri ptions or in respect of aircraft

used in different circumstances; the said regulations may a lso prescribe

for the payment. wi th an y charges or separately. of in terest on the

charges in respect o f any period during which the charges were due

but unpaid and may di spense with the charges in such cases as may be

preseribed by or determin ed under the regulations.

(5) For the purpose of facilitat ing the assessment and

collection of charges payable by virtue of regulations und er this section.

the regulat ions may make provision for requiring operators of aircrafl

or managers of aerodromes -

(a) to make such records of the movements of aircraft. and

of such other particula~ relating to aircraft. as may be prescribed,

and to preserve those records for such period as may be prescribed;

(b) to produlfe for inspection by officers of Eurocontrol al

such times as may be prescribed. any records which are required

by the regulat ions or the Air Navigalion Order, to be preserved

by those operators or managers;

(c) to furnish to Eurocontrol such particula~ of any such

records as may be prescribed.

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(6) Th e require ments mentioned in su bsection (5) of Ihis

section may be imposed upon the operator of any aircraft whether or

not it is re gistered in Malta, whether or not it is in or over Malt a at

the tim e whell the services to which the charges relate are provided

and whether or not those services are provided from a place in Malt a.

(7) Regulatiolls under subsection (I) above may make

provision -

(a) in the case of default in the payment of any charge

payable by an operator under the regu lations, for authorising the

detention. pending payment. of the aircraft in respect of which

the charge was incurred orof any other aircraft of which the person

in default is the operator at the time when the detention begins

(b) for authorising the detention of any aircraft of which

the person in default is the operator at the time when the detention

begins, pending compliance. in the case of default in complying

with any requirement imposed by the regulations on the operatop.;

of aircraft with respect to the production for inspection. or the

furniShing of particulars. of any records

and such regulations may make such further provision as appears to

the Minister to be necessary or expedient for effecting such delention.

and, in the case of paragraph (a) above, the judicial sale of the aircraft

in order to satisfy any charge.

The Minister may from time to time pay to EurocoDlTol. out

of the Consolidated Fund, such sums as he may determine, being sums

for the payment of which Malta is liable under the Convention or the

Multilateral Agreemenl.

Euroconlrol shall be e ntitled to the immunities and privileges

described in paragraphS 2 \0 5 of Pan I of the Second Schedule to the

Diplomatic Immunities and Privileges Act. 1966.

(I) The immunity and privilege described in paragraph 2 of

Part I of thc Second Schedule of the Diplomatic immunities and

Privileges Act, 1966, shall extend to prcmises occupied by Eurocontrol

whol!y or mainly for the housillg of its installation; and no judgement o r

order of any court shall be enforced upon anything forming part of any

such insta!1ation.

(2) Subsecton (I) above shall not preclude access to any

premises or the inspection of any record or document where the

DirecTor-Gcneral of the Agency is given advance nOllee wherever

possible of the exerci se of Ihe power co nferred by this subsection and

the access or ;nspection is -

(a) by a police officer acting;n the execution of a warrall1 or

other legal process;

(b) by a Court of Inquiry or an Inspector of Accide nts acting

;n pup.;uance of The Civ;1 Aviation (Investigation of Accidents)

RegUlations. 1956, or of regulations made under section 4 of The

Civi l Av;ation ACT. 1972: or

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(c) by a police officer having reason to believe that an

offence has been or is being or is about to be oommilled 011 the

premises.

(3) Without prejudice to the preceding provisiolls of this

sect ion. the property and assets of Eurocontrol shall be immune from

the exercise by any person of any right or power to se ize or otherwise

interfere with such property or assets.

(4) No oourt or tribunal in Malta shall have jurisdiction in

respect of any matter involving Eurocontrol and any?f its office rs or

senoants, being a maller which by virtuc of allY in.tern.afl~:H1~1 ~greement

to which Malta is a party is within the exclUSive Junsdlctlon of the

Admin istrative Tribunal of the Intemational Labour Organisation .

(5) For the purpose of subsection (4) above. a certificate of

the Mi nister that any malter is or is not . as mentiolled in that subsection.

within the exclusive jurisdictioll of the Administrative Tribunal of the

International Labour Organisation shall be oonc1usive of what is

certified.

(I) The Director-General and the staff of Eurocontrol sha ll

be exempt from the payment of inoome tax on the sataries and

emoluments paid to thcm by Eurocontrol, and of any oontributions

under tbe Social Security Act , 1987

Provided that the Commissioner of Inland Revellue may take

into account the salaries and emoluments thus exempted whe n assessing

the amount of tax payable on inoome from other sources.

(2) The provisions of subsection (I) of this section shall not

apply to pensions and 311nuities paid by Eurocontrol.

(3) Subject to the provisions of subartic1e 6 of Article 21 of

the Convention, the staff of Eurocon trol shall be exempt from customs

duties and charges as provided under paragraphs (a) and (b) of

subarticle 5 of Article 22 of the Convent ion.

H . (1) For the purposes of Article 13 of the Multilateral

Agreement, the Courts of Malta shall have jurisdictioll to hear and

aetermme a ctaJm lor charges or interest payable to Eurocontrol by

virtue of regulations made under section 6 of th is Ad , notwithstanding

that the pe rson against whom thc claim is made is not resident in Malta

or otherwise subject to the jurisdiction o f the Maltese Courts under

section 742 of the Code of Organisation and Civil Procedure.

(2) Subject to subsection (3) of this section, the courts in

Malta shall have jurisdiction to hear and determine a claim against

Eurocontrol for damages notwithstanding that the cause for such

damages did not take place within the jurisdiction of Malta.

(3) The provisions of $oJbsection (2) of this section shall not

apply in respect of damage or injury sustained wholly within or over a

oountry 10 which the provisions of the Convention or the Multilateral

Agreement do not apply.

A

o f air traffic oontrol the regulations in force in the territories of the

Contracting Panics and in the airspace in respect of whieh the air traffie

services have been en trusted 10 them under international agree ments to

which they are pan ies.

( b) In case of difficulty in applying the provisionsof(a) above. the Agencyshall

brin g the matt er before the Commission which shall make

re<:<>mmendations 10 the Conlnlcti ng Panie s regarding the necessary

measures 10 be takell.

(I) Subject to the following provisions of this section, where

a relevant authority in a Contracting State has d«:ided as to whether or

not any sum is due to Eurocontrol in respect of en route air navigation

services provided by it or by some olher person, the decision creditor

may apply to the Court of Appeal. at any li me wilh in twelve months

after the date of the deeision to have the decision registered in oneofthe

superior courts of Malta.

(2) On any application as mentioned In subseclion (1) of this

section. the Court of Appeal shall, subjecI 10 the provisions of Ihis

section, order the decision to be registered accordingly.

(3) A decisiOn shall nO! be regislered as aforesaid if it is nOI a

decision described in Article 15 of the Multilateral Agreement or if it is

a decision falling within the list of Article 16 of the said Multilateral

Agreement.

(4) For the purposes of this section proceed ing in respect of a

sum payable 10 Euroconlrol muSI be broughl against the person liable to

pay th e sum in the country according to Article 13 of the Multilateral

Agreement. and an application as mentioned in subsection (I) of Ihis

seetion must be accompanied by those documents specified in Article 18

of the Multilateral Agreement.

(5) Where a decision is registered under this seclion-

(a) the d«:ision shall . as from the date of registratio n. be of

the same force and effect. and e)[eculive proceedings may be taken

thereon. as if it had been a judgement originally obtained on the

date of registration in the registering court; and its registration in

the Public Registry may be made in accordance with such law. as

may, from time to time be in force. relative to the registration of

judgements in the Public Registry;

(b) That decision shall be enforceable by the registering

court as ifsuch decision were ajudgement delivered by thal Court

(c) the costs of and incidental (0 the registration of the

decision (induding the costs of obtaining a certified copy thereof

from thc original court or tribunal or administrative authority and

of the applicat ion for registration) shall be recoverable in like

manner as if they were sums payable under the decision .

(6) The Rul e Making Board set up unde r section 29 of the

Code of Organisation and Civil Procedure shall have power to make

rules 10 provide -

(a) for the mode of registration of decisions referred to in

this section;

(b) for service on the dedsion debtor of notice of the

application for the registration of a decision under this section ;

(c) for enabling the registering court, on an application by

the decision debtor, to set aside the registration of a decision; and

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(d) for suspending the execution of a decision registered

under this section unti l the expiration of the period during which

the decision debtor may apply to have the registrat ion sel aside.

(7) In any action brought in any court in Malta on any

decision which might be ordered to be registe red under this set:tion, the

plaintiff shall not be entitled 10 recover any costs of the action unless an

application to register the decision under this section has previously

been refused. or unless the court otherwise orders.

(8) Nothing in this section contained shall be co nstrued 10 be

in derogation of the provisions co'ntaincd in the British Judge ments

(Reciprocal Enforcement) Act and in Title VofBook Thirdofthe Code

of Organisation and Civi l Procedure, in regard to the enforcement of

foreign judgements to which subse.::tion (1) of this section does not

apply.

(1) Any person who, without reasonable cause, fails to

comply with any requirement of regulations mad e by virtue of

~ubseetion (5) of section 6 of this Act shall be guiltyof an offence ~nd on

conviction sha ll be li able to a fine (multa) not exceeding five hundred

liri.

(2) Any person who, being in possession of information

furnished to or obtained by him in pu"uance of regulations under

subsection (5) of section 6 of this Act. discloses that information

o therwise than -

(a) with the consent of the person by whom it was furnished

or from whom it was obtained; or

(b)

for the purpose of the regulations; or

(c) for the purposes of any proceedings arising o ut of sect ion

6 or subsection (2) of section 11 of thi s Act, or of any criminal

proceedings whether or not arising out of th is Act. or

(d) fo r the purposes of any public inqui')' or Inspector' s

investigation held or carried out in pu rs uance of the Civil Aviation

(Investigation of Accidents) Regulations. 1956, or of regulations

made under section 4 of the Civil Aviatio n Act. 1972. or

(e) for the purpose of any repon of any such proceediogs,

inquiry or investigation as aforesaid,

shall be guilty of an offence, and shall be liable 00 conviction to a fine

(mulla) not exceed ing five hundred Iir; or 10 imprisonment for a term

not exceeding three months or to both such fine and imprisonment.

(3) Any person who. in furnishing in pu rsuance of such

regulations any such particulars as are described in paragraph (c) of

subsect ion (5) of section 60f this Act, furnishes any particula" which to

his knowledge are false in any material particular, shall be guilty of an

offence and, on conviction, Shall be liable to a fine (multa) not

exceeding one thousand lir; or to imprisonment for a term not exceeding

two years or to both.

A i35

In virtue of th is Act, and in compliance with the provisions of

the Ratification of Tre~tie5 Act, 1983, the (}()ve rn ment of M~lt~ is

authorised to accede to the Convention and to the Mu ltilate ral

Agreement.

(I) The Schedules to this Act shaH be in the English

language only.

(2) Regulalions made under the provisions of this Act may

be made in the English language only.

FIRST SCHED ULE

(Sections 2.14)

CONSO LI DATED TEXT OF TH E PROVISIONS OF THE EX ISTING

CON V ENTION AND THE AMENDMENTS TO THE L A ITER CONTA INED IN

THE PROT OCOL

Article I

1, The Contracting Parties agree to strengthen theiT co-operation and 10 develop

their joint activitje~ in the field of air nav igation, making due allowance for defence

needs and providing maximum freedom for all airspace users consistent with the

required leve l of sa fely.

They have accordi ngly agreed

(a)

10 establ ish oommon long-Icnn objectives in the field of air navigation and, in

that framework, to institute a medium-term common plan for air traffic

services and facilities;

(b)

todraw up common plans for advance training. for procedural measures. and

for research a nd development programmes relating to faci lities and services

for the safety, efficie ncy and expeditious flow of air traffic;

(c)

to concert any other measures necessary to ensure the safe and orderly flow of

air traffic;

to constitute a common fund of e~perience in operational, technical and

(d)

fi na ncial aspects o f air navigation;

to co-ordinate their activities wilh regard to air traffic now manageme nt by

establishing an international system of air traffic flow ma nagement in orde r to

ensure the most effective utilisat ion of the airspace.

2. Fo r this purpose they hereby estab lish a " E uropean Organisation for the Safety

of Air Navigati on (EU ROCONTR OL)~ , herei nafter called ~Ihe Organisation", which

shall act in co-opera tion with the national civil and military authorities. The

O rganisation shall comprise two organs

a " Perma nent Commission for the safety of air navigation~ . hereinafter called

~the Commission", which shall constitute the organ responsible for

formulating the Orga nisation'S general policy;

an "Agency for the safety of air navigation", hereinafter called "the Agency",

the Statute of which is in Annex 1 to the present Convent ion . The Agency

shall be the organ responsible for the performance of the tasks prescribed by

the present Convention or entrusted 10 it . in pursuance thereof, by the

Commission.

3. The headquarters of the Organisat ion sha ll be in Brussels.

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Articl e 2

The Organisatio n shaH undertake the following tasks

(a)

to an alyse the future needs of ai r traffic and new techniques necessary for

meeting such needs;

(b) to develop and adopt common lon g-term objectives in the field of air

navigation;

(c)

to co-ordinate the medium-term nat;onal plans in order to establish a

com rrion medium-te rm plan ;n respect of air traffic scrvi~es and faci lities

wi th ill tile fra mewor k of the long-term o bjectives referred to ill (b) above ;

(d)

to promote common policies for ground and airborne air navigati on systems,

and the training of the staff of air traffic services;

(e) 10 study and promote measures for improving cost·effectiven css and

efficicncy in the field of air navigation;

to promote and conduct studies, tests and tria ls relating to air navigation; to

collect and distribute the results of studi cs, tests and trials carried out by the

Contracting Parties in the field of air navigation;

(g)

to co-ordinate the Contracting Parties ' research and development

programmes relating to new techniques in the field of ai r navigation;

(h)

to examine matters in the fi eld of ai r navigation being studied by th e

International Civil Aviation Orga nisa tion an d other inte mational

organisations eonccmed with civil aviation;

(i) 10 study amendments to the Regional Air Navigation Plans to be submitted to

the illtemational Civil Aviation Organisation;

to pe rform any othe r tasks wi th which it might be entrusted pursuant to

Article 1.1 (c).

(k) to assist the Contracting Parties and interested non·m ember States in the

institution and ope ration of an international air traffic flow management

syste m;

to establish and co][ect charges levied on users of air naviga tion serviccs in

accordance with the Mult ilateral Agreement relating to Rome Charges, and

on behalf of the Contracting Parties and of non-member States parties to Ihal

Agree ment.

Special agreements may be concl uded by the Organisation and non-member States

interested in participating in the performance of such tasks.

2. At the request of one or more Cont racting Parties, Ihe Organisation may be

entrusted with the following tas ks

(a)

to assist such Parties in the performance of specific air navigation tasks such

as the design and setting up of air traffic facilities a nd services;

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(b)

10 provide and operate, wholly or in part, air traffic services and facilities on

behalf of ~lIch Parties;

(c)

\0 assist such Parties in the calculation and collection of charges which arc

levied by them on users of air navigation se rvices 31ld which 3fe not cove red

by the Multilateral Agreement relating \0 Route Charges.

The performance of such tasks shaH in each case be governed by a special agreement

between the O rganisation a nd the Parties concerned.

3. The Organisation may further, at the req uest of one or more non·membcr

States, be entrusted with Ihe following tasks

(a)

\0 assist such States in air traffic flow management and in the planning and

provision of air navigation services and equipment;

(b)

to assist such States in thecalculation andoollcction of charges not covcrc<J oy

the Multilateral Agreement relating to Route Charges which are levied by

them on users of air navigation se rvices.

The performance of such tasks shall in each case be governed by special agreements

between the Organisation and the States concerned.

Article 3

L The present Conve ntion shall apply to en route air navigation se rvices and

related approach and aerodrome services for air traffic in the Flight Information

Regio ns listed in Annex 2.

2. Any amendment which a Contracting Party wishes 10 make tothe list of its Flight

Infoooalion Regions in Annex 2 shall be subject to Ihe unanimous agreement of the

Commission if it would result in a change in the overall limits of the airspaeeoovered by

the Convention. Any a mendment which does not result in such a change shall be

notified to the Organisation by the Contracting Party ooncemed.

3. For the purposes of the present convention the expression "air tmffic" shall

comprise civi l aircraft an<J those military, customs and police ai rcraft which conform to

the procedures of the Internat ional Civil Aviation Organisation.

Article 4

The Organisation shall have legal pe rsonality. In the territory of the Contracting

Parties it shall have the fullest legal capacity to which corporate bodies are entitled

under national law; it shall inter alia have the right to acquire or transfer movable or

immovable property and to go to law. Except as otherwise provided in the present

Convention or the Statue annexed thereto, it shall be represented by the Agencywhich

shall act in its name , The Agency shall admin ister the property of the Organisation.

Article 5

1. The Commission shall be composed of representatives of the Contracting

Parties. Each Contracting Party may appoint several delegates in order, in particular,

to allow the representation of the interests of both civil aviation and national defence ,

but shall have only one vote.

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2. For the purposes of Article 2. 1 (1) the Commission sha ll be enlarged to include

representatives of non-member States which are parties to the Mult ilateral Agreeme nt

relating to Route Charges. The Commi ssion thus enlarged shall take decisions in

accord ance with the provisions of the said Agreement.

3. Where provision to that effect is made in other agreements concluded between

the Organisation and non-membe r States ill accordance with Article 2. 1. ill particular

for ai r traffic flow it13nagement, the Commission shall be enlarged and shall take

decisions in accordance with the provisions of those agree ments.

Article 6

1. For the accomplishment of the tasks assigned to the Organisation by Article 2.1 ,

the Commission shall take the following measures

(a)

with regard to the Con tracting Parties

it shall ta ke a decision

in the cases referred toi n Article 2. 1 (b) and (e)~

in the cases referred to in Article 2. 1 (a) and (d) to (k) whenever the

Commission deems it lIecessa ry for the Contracting Parties to co mmit

themselves to common action; in such cases it may also issue a

recommendation to the Contracting Parties~

(b)

with regard to the Agency

it sha ll approve the annual work programme and the invest ment and

work programmes extending over several years to be submitted to il by

the Agency forthe accomplishment of the tasks referred to in Article 2.1 ,

and also the budget and the activety report~ it shall give directives to the

Agency, whenever it deems this to be necessary for the accomplish ment

of the tasks assigned to the A geney~

it shall take all necessary measures in excercising its supervisory powers

under the present Convention and the Statute of the Agency;

it shall give the Age ncy a discha rge in respect of its administration of

the budget.

2. In addit ion, the Commission shall

(a)

approve the Staff Regulations and the Fi nancia l Regulations as well as

measures to be ta ken in pursnance of Article 7.2, and of Article 19.3 of the

Statute of the Agency;

(b)

appoint the members of the control board for a live-yea r period in pnrsuance

of Article 22.1 of the Statnte of the Agency.

3. The Commission shall aut horise the opening by the Agency of negotiations

relating to the special agreements referred to in Article 2 and shall approve the

~greement. negotiated by the Agency.

,'"

4. Proceedings on behalf of the Organisation may be initiated by the Commission

before the arbitral tribunal provided for under Article 3L

Article 7

J . Decisions shall be taken by the Commission by unanimous vOle of the

Contracting Parties and shall be bindingon the Contracting Parties. However, should a

Contracting Party notify the Commission that overriding national considerations

prevent it from acting on a unanimous dedsion taken in respect of the matters referred

10 in Article 2.1 (b) and (c), it may derogate from that decision subject to

communication to the Commission of Ihe grounds for the dcrogatioll, Within si ~

months of such notification, the Commission shall either revise its previous decision or

decide whether ce rtain conditions or limits should app ly to the derogatio n. In either

case, the Commission's decision shall require a unanimous vote of the Contracting

Parties.

2. The Commission shall decide upon the measures referred to in Articles 6.2 (a),

6.3 and 11 .3 by unanimity of the votes cast.

3. Unless otherwise provided, directives and measures in the cases provided for in

Article 6. 1 (b) and 6.4 shall require a majority of the votes in the Commission, it being

undemood that

those votes shall be subject to the weighting provided for in Article 8 be low;

those votes shall represent the majority o f the Contracting Parties vot ing.

4. The meas ures referred to in Article 6.2 (b) shall be taken by the Commission in

accordance with paragraph 3 above, provided that the majority calculated accordingly

is not less than 70% o f the weighted votes cast.

5. Recommendations by the Comm ission shall require the votes of the majority of

the Contracting Parties.

Article 8

I . The weighting referred to in Article 7 shall be determin ed according to the

following table

An nual contribution of a Contracting Party

asa percentage of the lotal annual contributions

Numbe r

of all the Contracting Parties

of votes

Less than 1% ............................................................

From 110 less than 2% ..... . .. . ......................... ... . .. ... . .. ..

From 2 to less Ihan 3% ..... ................... .......... ......... .....

From3tolessthan4'12% ., .................. , ..... , ............ ,....

From 4112 to less than 6% .... ... . .. . ..... .... ......... ....... ..... . ..

From 6to less tban 7 112% ... . ..... . ... ... ... .........................

From 71f.tlolesstba n 9% , .................. , ............... , .. , .. ,..

From9tolessthan ll % ..............................................

From 11 to less than 13% . .. ................ ............. .............

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From 13 to les.~ than 15% ......... ........ .. ... . ..... . ................

From 15 to less than 18% .............................................

II

From 18tolessthan21% ............... .. ............................

From 21 to less than 24% ..... . .. . ......... . .. ... .. .................. .

From 24 to less than 27% ........................ . ................... .

From 27 to less than 30% .............................................

30% ...... ............. ................................ ... ..................

2. The numbers of votes shall be initially esta blished with effect from the d ate of

entry into force of the Protocol opened for signature at Brussels in 1981 by reference to

the above table and in accordance wit h the rule in Article 19 of the Statute of the

Agency for determining the annual COl1tributiOl1s of the Co nt racting Parties to the

Organisation's budget.

3. In the event of the accession oh State, the l1umbers of votes of the Contracting

Parties shall be rc·established in accordance with the same procedure.

4. The numbers of votes shall be re--established each year il1 accordance with the

foregoing provisions.

Article 9

The Commission sha ll establish ils rules of procedure which shall be adopted

I.

unani mously.

2. Th ose rules shall include imer alia the rules relating to the office of President. to

the establishment of workinggroup!i and to tile working languages of the Commission.

Article 10

The staff and facilities rC{juired for the operation of the Commission sha ll be made

available to it by the Agency.

Anicle ! I

I. The Commission shall maintain with the appropriate States and international

organisations the necessary relations for tile realisation of the aims of the Organisation.

2. The Commission sha ll in particu lar, without prejudice to the provisions of

Articles 6.3 and 13, be alone empowered to conclude on behaLf of the Organisa tion

those agreements with international organisa tions. the Contracting Parties or other

States which arc necessary for the perfonnance of the Organisation's tasks provided for

in Article 2.

J. A t the proposal o f the Agency, the Commission may delegate to the Agency the

decision to open negotiations and to conclude agreements necessary for the

performance of th e tasks referred to in Article 2.

Article 12

The agreements between the Organisation and one or more Contmcting Parties. or

one o r more nOI1-memb!:r States, or an international organisation. relating to the tasks

referred to in Article 2 shall st ipulate the respective tash, rights and obligations o f the

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Parties to the agreemell1s togetller with the financial arrangements. and shall eSlahlish

the measu res to be taken. Su.:h agreements may be negotiated by the Agency in

accordance wi th the provisions of Articles 6.3 and 11.3.

Article 13

With in the scope of the d irectives given by the Commission, those relations which are

essential for the co-ordination of air traffic and for the operation of the services of the

Agency may be established by the Agency with the appropriate technical services.

public o r private, of the Contractillg Parties, of Ilon-contracti ng States or of

in ternational organisations. For tha t purpose. contracts of a purely administrative,

technical or commercial nature, in so far as they are required for the operation of the

Agency. may be entered into by the Agency. in the name of the Organisation, on

condition that the Agency so informs the Commission.

Article 14

I . The character o f publie interest shall where necessary be recognised. in

accordancc with national law and with the consequences which result from the

provisions of that law re lating 10 expropriation in the publie interest, as regards the

acquisition of immovahle property necessary for the siting of the Organisation's

installations. subject to the agreement o f the Government concerned. The procedure of

expropria tio n for reasons of public interest may be set in motion by the competent

authorities of the State concerned, in accordance with its nationa l law, for the purpose

of acquiring such property failing amicable agreement.

2. In the territory o r the Contracting Parties where the procedure referred to in the

p receding paragraph is not in existence, the Organisation may have the benefit of those

procedures for compulsory purchase which can be used for the benefit of civil aviation

and telecommunications.

3. Th e Contracting Parties recogn ise the right of the Organisation to benefit, in

respect of any installations and services established on its behalf in their respective

territories. from the application of national law as to those restrictions o n the rights of

owne rs of immovab le property which may exist in the public interest for the benefit of

nationa l services for the same purpose and in particular as to casements in the public

interest.

4. The Orga nisation shall bear the expensesoonscquent upon the application of tile

provisions of th is article, including the compensation payable in accorda nce with the law

of the Slate in the territory of which the property is situatec.l.

Article 15

In the event of the Orga nisation performing the tasks provided for in Article 2.2 (b),

the Agency shall apply the regu lations in force in the territories o f the Contracting

Part ies a nd in the airspace in respect of which the provision of air traffic services is

en lrusted to them onder international agreements to which they are Parties.

Article 16

In the event o f the Organ isation performing the tasks provided for in Article 2.2 (b),

the Age ncy shall. wit hin the limits of the powers conferred on the air traffic se rvices.

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give all nece!;.o;ary instructions 10 aircraft commanders. The aircraft oommanders shall be

bound to oomply with those inst ructions. excepl in the cases of force nwjeure provided

for in the regulations referred to in the preceding article.

Article 17

In the event of the Organisation performing the tasks providell for in Article 2.2 (b) .

infringemen ts of the air navigat ion regulations oommi tted in the airspace in which the

provision of air traffic services is entrusted to the Agency sh~1I be recorded in reports b~

officers spcdfiC'dlly authorised by the Agency for that purpose. wit hout prejudice to the

ri ght under nm iona llawof officers of the Contracting Part ies to report infringements of

the same nature. The repo~ts referred to above shall have the same eHect in national

courts <IS th ose d rawn up by national office rs q ualified to report infringements of the

same nmure.

Article 18

I. T he circulation of publications and other informa tion material sen t by or to the

Organisatio n in connection with its o fficial activities 5h<l1l not be restricted in any way.

2. For its o fficial communications and the transfer of all its documen ts. the

O rganis;ltion shall enjoy treatmen t not less favourable than thnt accorded by each

Contracting Party to compa ra ble international organisations.

Article 19

I. T he Organisation shall be exone rated. in the State in which its seat is locilled anll

in the territories of the Contracting Parties, from all duties, taxes and charges in respect

of its crem ion. dissolution or liquillatio n.

2. T he Organ is.l t ion shall ~c e.~oncralcll from any<.luties. taxes an<.l chargesemailed

by the acquisition of the immo vable prope rty requi red for Ihe aCCQmplishrnent of its

task.

3. T he Organisatio n shall be eXO llcraled from all di rect taxes appticabte 10 il, Its

p roperty. asscsts amI income.

4. The Orgallisa tion 5h311 be exone rated from any indi rect fiscal charges

con~equential on the issue of loans and incident upon tlte Organ isation.

5. It shall be c ~ one rated from any taxa ti on o f an excep tional or d iscriminating

nature.

(,. The exonerations provided for in this article sltall not apply to taxes and charges

collected as pnymelll for public utility serv ices.

Articl e 20

I. nle Organisation shall he exonerated from a ll custom s duties and taxes or

charges of equiva1cllt effect. other than chu rges in respect of servit'Cs rende red. and

slwll he exempl from any import or export prohibition or restrict ion in respect of

ma1erials. equi pment. supplies lInd other arti cles im ported for the official use or Ih e

Or,l!lH1i~,tion and <.I estined for the bui ldings and installat ions o f the Organisation or for

ils functio ning.

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, . .

2. The goods so imported mn~ not be sold. loaned or Transferred. citllcr without

payment or against payment. in the tenitory of thc Party ;1110 which they have been

introduced. e~ccpt IIl1de r the conditions fi"cd by the Govcrnmcrlt of the Contracting

Party concerned.

3. Any control measures deemed to be (,llpcdic"1 may be ta ken la ensure that the

ma terials. equipment. supplies and other articles referred to in paragraph I and

imported for consignment to the Organisation have been effectively delivered to that

Organisat ion and arc effect ively llseU for its official buildings afld installutions or for its

functioning.

4. Furthermore. the Orga nisation shall be exonerated from all customs duties and

exempt from any import or export prohibition or restriction in respect of Ihe

publ ic,ltiuns falling within thc scope of Article 25 of the Statute annexe<.l hereto.

Article 21

I. The OrgallfiatiOll may h"l<.I any cu rrency an<.l have accounts in any currency in so

fa r as is necessary for the execution of the Iransac tionsrequired for its purpose.

2, TIIC Contracting Parties undertake to give the Organisation the necessary

authorisations for all the transfers of [un<.ls, in aceordanee with the conditions

preseribed under nat iu rlal regulations and in te rnational agre<:ments as applicable.

entaifed by thc establishment and activity of the Organisation. including the issue and

servke of loans whe n the issue ofthosc loans hasbeerl authorised by the Government of

the Contracting Party concerned,

Art icle 22

I. The Agency may call upon the se rvices of 'lualified persons who arc nation,tis of

the Contracting Parties.

2. T he staff of the Organisatioll and mcmber<o of their families forming part of their

households, shall enjoy the exemption from measures restrkting immigration and

govcrning aliens' registr;Ltion gene rall)' ac~ordcd to staff members of comparable

international organisations.

3. (a) The Con tracting Parties. in time of international crisis, shall accord to the staff

of the Organisation. and the members of thei r families forming part of their

houschol<.ls. Ihe same repatriation faci lities as the staff of other international

organisations.

(b)

The provisions of (a) above shall nOI affect the staffs obligaliuns 10 Ihe

Organisation.

4. No e Xl-eplion may be made to the provisions o f paragraphs I and 2 uf this article

e xcept for reasons of public policy, publ ic safety or public health .

5. The staff of the Organisation

(a)

shall be gral1!cd exemption f mm customs <.IlLt ies and charges, other than those

in respect of scrvi«::5 rendered . in the ca~ of the impmt'ltion of their personal

effects, movable property and other houschol<.l effects which arc not ncw.

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which they hring from abro.~d on First I~king up re~idence in the terril(HY in

Iluestion. and in the case of the re·exportation of those s~me effects and

movable property, when they relinquish their duties;

(b)

may. on taking up their duties in the tcrritory of anyone of the Contracting

Parties. impo rt their personal motor ca r temporarily with excm pt ion from

duty. and sUbsequen tly. but not late r than on termination of their period of

se rvice. re-c"'JXIrt that vehicle with e~emption from duty. subject, however, in

ei ther even t, to any conditions deemed to be nC<!Cssary in each individual case

by the Government of the Contracting Party concerned;

(c)

shall e njoy inviolability for all their official papers and documents .

6. The Contracting Part ies shall not be obliged to grant to their own nationals the

faci lities provided for in paragraph 5(a) and (b) above.

7. In addition to the privileges, exempt ions and facili ties granted to the staff of the

Orgafli~ation. the Direc tor Ge fleral of the Agency shall efljoy immunity from

jurisdiction in respect of acts, incl uding words spo ken 3fld written. done by him in the

exercise of hi s functions: this immunity shall flot apply in the case of a motor traffic

offence o r in the ease o f damage caused by a motor vehiclc belonging to or d riven by

him.

8. The Governments conce rned shall take all the necessary measures to ensure the

unrestricted transfer of net salaries.

Articlc 23

Representatives o f the Contracting Parties shall. while e xe rcising their functions an d

in the course of their tou rneys to and from the place of meeting. enjoy inviolability for

all their official papers and documents.

Article 24

B)' reason o f its own social security scheme. the Organ isation. the Director General

lInd staff of the Organisation shall be exempt from all compulsory contributions 10

nationa l social security bodies. without prejudice to arragements be tween the

Organisation and Contracting Parties existing at the ent ry into force of the Protocol

opened for signa ture at Brussels in 1981.

Article 25

I. The contractual liability o f the Organisation shall be govcrned by the law

applicable to the contract concerned.

2. With regard to non-oontraetual liabil ity. the Organisation shall make reparation

for damage ca used by the negligence of its organs. or ofits serva nts in the scope of their

employment. in so far as that damage can be amibuted to them. The foregoing

pro~ ;sion shall not preclude the right to other compe nsation under the national law of

the Contracti ng Parties.

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.""

Artidc26

I. (3) The inslall~lions of the Organis;!!ion ~h~1l be inviolable. The pmpctly and

us.<;cts of the Organi~,l1ion shall be c~cmpt f,Otn any measure of rcqui~ili<Jn.

expropriation or confiscation.

(b)

The archives of the Organisation and all official papers and documents'

belonging to it shall be invio lable, wherever located.

2. The property and assets of the Organisation may not be SCilCd, nor may

c.,ccution be levied upon them, except by a judicial decision. The insla Umion s of the

Orgnnisat ion shall not. however, be seized nor shall exet:ulion be levied upon them.

3. Nevertheless, in order 10 enable judicial in'luirics to be ,,,rried out and 10 e nsu re

the execution of judicial decisions in their respective territories. the compelent

3U1horitics of the Stale in which the Organi>lali,," has its head'luarlcn; and of othe r

Slates in which inSlallations and ~ rchives of the Organisation arc localed shall, "fter

having; infomle<.l the Director General of th e Agency, have access 10 ~uch installations

an<.l archives.

Article 27

J • The Organi5at ion shall collaborate at all time5 wit h the competent ;,ut horities of

the Contracting Partics in or<.ler to faci litate the good administration of justice. to

ensure the observ,.,ICC of police regulati ons and tu prevent an y abuse to which the

privileges. immun i tie~. exemptions or facilities specified in the present Convention

could give rise.

2. The Organisa tion shall facilitate as far as possible the execution of public works

inside or in the vicini ty of any immovable property allocatc<.l for its use in the territories

of t he Contracting Parties.

Article 28

111 the event o f the Organisa tion performing the tasks provide<.l for in Article 2.2 (h).

internatiorml agreements imd n~lional regulations relating to the admission to. night

over and security of. the territory of the Cont racting I'arties shall be binding on Ihe

Agency, which shall take all Ilecccssary measures to ensure the application of such

agreements and regulations.

Article 29

In the event of the Organisation performing the lasks provided for in Article 2.2 (b).

Ihe Agency shall be bound to give those Contracting I'artics which SO request all

necessa ry informat ion re la ting to the ;,ireraft of which it has coSnis;U1~"C il11he exercise of

its functions. in order th at thc Contracting Panics nmy he able to verify thal

international agreements and national resu l3l ions arc being applied.

Article JO

·111e Contracting Parties recognize that it is neccs>lary f"r the Agency to "thieve

financia l equi li brium and undertake to make availablc 10 it. taking into account its own

revenue. the appropriale fin;'ncial resources within the limits and conditions de fineJ in

the Statute anne ~ed hereto.

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Article 3 I

I. Any dispute which may arise either between the Contr.;lcting Parties, or between

the Contracting Parties and the O rga nisation represe nted by the Commission. relating

10 th e interpretation or application of the present Co nvention or of its anne~es and

which it has not been possible to settle by di rect negoti~tion or by any other lj1ethod,

shall be referred to arbitration on the rcqucst of anyone of the Parties.

2. For that purpose . each of the Parties shall in each case nominate an arbitrator.

and t he arbitrators sha ll agree on tile nomination of a third arbitrator. Should onc of the

Parties not have nominated its arbitrator within two mo nths of the date of receipt of the

requ est of the other Party, or should tile nomi nated arbitrators fai l, wi thin those two

month s, to agree on the nomination of the third arbitrator, any Pa rty may request the

Prcs iden I of the International Court of J ustice to make the nominutions.

3. The arbitral tribunal shall de termine its ow n procedure.

4. Each Party shall bear the costs of its own arbitrator and its representation in the

proceedings before the tribu nal; the costs of the third arbitrator and the other costs shal I

be borne equally by the Parties 10 the dispute. The ar bilralt ri buna l may. however.

determine a different sha ring of costs if it th in ks fi t.

5. The decisions of the arbitra] tribunal shall be binding o n the Parties to the

dispute.

Article 32

I. T he Statute of the Agency , likewise any modifications which. subjc<:1 to the

condilions prescribed in the present Convention and in the Statute annexed thereto, arc

m:lde to the aforesaid Statu te shall be valid and have effect in the territory of the

Co nt rac ting Parties.

2. Any mooJificat ion o r the provisions of the Statute shall be subject to the approval

uf the Commission, ca rried by the unanimous vote of its members.

3. TIl e provisions uf Articles I, 11, 19 and 20 or the Statute annexed hereto shall

nut. huweve r, be subject to modification by the Commission.

Article 33

In the event of a state of emergency or war , the provisio ns of the present Convention

sh'llI not affect the freedom of action of the Comracting Parties irwolved .

A rticle J4

The Contracting P~rties undertake to e nsure the application to the Agencyof curren t

statu tory provisio ns designed to e nsure the oontinuityof public services.

Articlc 35

I. T he validity of the present COIwcntion. as llmended by the Protocol opened for

sig na ture at Brussels in 19!1 1, shall be utcnded for a periooJ of twcnty years from the

date of entry into force of the sa id Protocol.

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2. llmt period shall be automa ti cally pro longed for periods of five year; , unless II

Conlmcling Party has. by written " otice givc ll to the GovcmmCfll of the Kingdom of

Belgium at Icast two years before the expiry of the curren t period. expressed its

intc ntion to te rminate the Convention. The Go\'c rnm en t of the Kingdom of Be lgium

sh all notify the Govewments of the other States parties 10 the Convention of such

notice.

3. If, in applklltion o f the foregoin g the Organisation is dissolved. it shall be

deemed 10 e~ist for Ihe purposes of it s liquidation.

Article 36

I. The ucccssion to the present Convention. as amcncicd by the I' rOloool opened for

signul urc at Brussels in 1981. of any Slate not signatory to the said Protocol shall be

subject

(a)

10 the agreement of the Commission carried by a unanimous vole. and

(b)

10 Ihe Sta te de posi ting al the same time an inst rum ent of accession to lhe

Multilateral Agreement relating to Route Ch,"ges opened for signature at

Brus.selsin 1981.

2. The President of tlte Commi$Sion shall notify the non-signatory State of the

decision to accept the accession.

3. The instrument of accession ~hall be depn'\ited with tile Government of the

KingoJom of Belgium which shall notify the Governments of lhe other signatory and

acceding States.

4. Accession sha ll take effect from the first day of the 5Ccond month folluwing the

deposit of the instrument of accession.

ANNEX I

Statute of the Agency

ART1C ... E I

The Agency established by Article I of Ihe Conve ntion sha ll be governed by the pre·

sent Statute.

ARTI CUS2

1. The Agency shall be the org,m responsible for the performance of the tasks en-

trusted to it by the Conventi on or by Ihe Com mission.

2. When the Agency provides air navigation serviccs. its objectives shall be

(a)

to prevent collisio ns between aircraft;

(b)

ensure the o rderly and rapid now of air tra ffic;

{O

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(c) 10 provide advice and information conducive 10 Ihe safe and efficienl conducl

of flights;

(d)

to notify appropriate organisations regarding ai rcraft in [leed of search and

reseue aid, and assist such organisations as required.

3. The Agency shal l inslallthe necessary facilities for the performance of its tasks

and shall ensure thci r sa tisfactory operation.

4. To that end, the Agency shall work in close coll aboration with the mili tv.ry

authorities in order to meet as efficiently and economically as possible the requirements of

air traffic and the special requirements of military aviation.

5. For th e accomplishment of its tasl:; on the condi tio ns la id down in Article 7.2

below, the Agency may, among other things. construct and operate the buildings and

inSlallations it requires. ill particular ai r traHic research alld experime nta l cemrcs. ai r

traffic flow managcment centres, and se hools for the advanced and specialised tra ining

of personnel of air naviga tioll services. However. it shall call upon national technical

se rvices alld make use of existing national installations whenever this is possible, in

order to avoid any duplication.

ARTtCLE3

Subject to the powers conferred upon the Commission, the Agency shall be admin is-

tered by a Commillee of Ma nagemcm, hereinafter callcd "the Committee", and by a

Director General.

ARllCLE4

I. The Commillee shall be composed of representatives of each of the Contract-

ing Parties, which may appoi nt several representatives inorder to allow in particula r the

representation of the interests of both civil aviation and national derenct. Only one of

the re presentatives shall have the power to vole and he shall be a highly placed official

exercising in his country respons ibilities in malle rs of air navigation. Each representa-

tive sha ll have an alternate who sha ll validly represent him if he is unable to be present.

2. For the purposes of Article 2. 1 (f) o f the Convention . the Commiuee shall be en-

larged to include representatives of non-member States which are part ies to the Mul-

tilateral Agreement relating to Route Charges. TheCommittee thus enlarged shall take

decisio ns in accordance with the provisions o f the said Agreement.

3. Where provisio n to that effect is made in the other agreemen ts concluded by the

Organisation with non-membe r States in accordance with Article 2.1 of the Conven-

tion, in particu lar for air traffic flow management, the Com mittee shall be enlarged and

shall take decisio ns in accordance with the provisions of those agreeme nts.

ARTICLE5

1. For mectingsofthe Commillee a quorum shall consist of the represe ntatives,en -

titled to vote, of all but one of the Contracti ng Part ies.

2. If the quornm is not allained, the dcliboerations shall be deferred until a meeting

to be convened for a lllter date not earlic r tha n ten days after the pre~ding mceti ng; at

Ih~1 meeTin£ 11 quoru m shall con.~i~1 of at least half the number of representatives enti-

tled to vote.

ARTtCLE6

I. The Comminee shall establish its rulcs of procedu re, including rules governing

the election of a President and Vice-President a nd the appoin tment of a Secretary.

2. Those rules shall include provisions relating to disqualifications. Furthermore,

they shall prescribe that noticrs convening meetings shall be $ent by tener or, in case of

urgency, by telegra m, and shall incl ude the agenda.

3. TIle rules shall be subject to the approva l of the Commisssion.

ARTlcu , 7

I. The Committee shall make decisions on the organisation uf the Agency in

respect of which proposals shall be submitted to it by the Dircctor General.

2. 11 shall . however. submit for the approval of the Co mmissiun measures to be

take n in pursuance of Article 2.5 above.

ARTtCLES

Eve ry year the Cummittee shall report to the Commission 011 the activitics and finan-

cial posit io n o f the Organisation.

AI<.TI(;LE9

1. At the requcst of the Commission. the Committee shall prepa re investment and

wor k programmes extending ove r seve ral ycars. The programmes shall be subject to the

approval of the Commissio n.

2. In particular. the Committee shall, ror submission for approval by the Commis-

sion in accordance with the provisions of the Convention

(a)

draw up a programme of tasks provided forin Article 2.1 (a), (c), (f) and U) of

the Convention;

(b)

fo rmulate the long-term common objec tives provided ror in Article

2.1 (b) of the Convention;

(c)

study the rescarch and developement programmes provided ror in Article 2. J

(g) or the Convention;

(d)

draw up the med ium-term common plans provided ror in Article 2.1 (c)ohhe

Conve ntion and form ulale the common policies in respect of ground and air-

borne systems and pe rson nel train ing provided fur in paragraph 1 (<I) of the

said article;

(e)

adopt the agree ments provided for in Article 2 uf Ihe Convention;

arrange for the studies provi<led for in Article 2.1 (h) and (i) of the Conven-

(f)

tion.

3. Within the limilsofany delegation by Ihe Commission pu rsu,," t to Article 11.30f

the Convention, the Committee shall take the decision toopen negotiat ions with a view

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10 conclusion of Ihe agreements referred 10 in Article 2 oflhe Convention and sha ll ap-

prove, where appropriate, Ihe agreements negotialCd.

ARTICLE 10

The Committee shaH draw up, and submit for the Commission's approval;

regula tions relating to tenders. the letting of contracts for the supp ly of goods

and se rvices to the Organ isat ion and the condilions governi ng such cont ra cts;

the genera l conditions of contract for the supply of services by the Organisation.

ARTICLE 11

The Commiuee shall draw up and submit for thc Commission's approva l the Fi nan-

cial Rcgulations. which shall determiJle, in particular. the accounting procedu res to be

followed in respect of income and e~pcn diture. the conditions govern ing payment of

national contributions and the tcrms o n which loans may be raised by the Organisation.

AltTtCLE 12

1. TIle Com mittee shall draw up and submit for the Commission's approval the

Agcncy's Staff Regulations

they shall include , in particular, provisions relating to the nationality of person·

nel , salary scalcs, pensions, disqua lifications for office , professional secrecy and

conti nuity of the service;

they shall specify those pusts which may not be held in plurality with any other

post without the special authorisation of the Director Gene ral.

2. The Administrative Tribunal of the International Labour Organisation Shall

huvc sole jurisdiction in dispuh:s between the Organisation fllld the personnel of the

Agency. to the exclusion of Ihe jurisdiction of all ot her courts and tribunals, nmionaJ or

international.

ARTI CLE 13

1. The Agency shall be empowered to recruit personnel di rectly only if the Con-

tract ing Parties are unable to make qualified pe rson nel available 10 it. However, the

Agency may agree with States wh ich are not members orthe Organisation topcrmit the

e mployment of qualified person nel from such Slates in connection with the implemen·

tation of the agreemenls referred 10 iJl Article 5.2 and 3 of the CoJlventioJl.

2. Personnel provided by a national administration shall be subject . throughout the

period or their employment by the AgerICy , 10 the Agency's Staff Regulations, without

prejuJice to the retention of those career benefils which are guaranteed by nat ional reg·

ulations.

3. Slaff provided by a national administration may always be returned to that aJ -

minist rJlion without the return being regarJed as a disciplin~ry meJsure.

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[52

ARTICLE 14

Decisions shall be taken by the Committee by a weighted majority vote.

I,

2. A weighted majority shall meall more thall half th e votes cast, it being under-

stood that

those votes are weighted in accordance with Article 8 of the Convention;

those votes represent a majorit y of the Contracting Parties voting.

3. Should ~n equal numbe r of votes be cast for and against the proposal, the Presi-

dent shall decide either to take a second vote during Ih e snme meeting, or to include the

proposal ill the agenda of a fUrlher meetillg for which he shall fix the date. Should an

equal number of votes again be cast during the further meeting, the Presidentshall have

a ~asting vote.

ARTICLE 15

I. The Director Gene ral shall be appointed for a term of office of five years by the

Commitlee by a vote taken in accordance with Article 14. 2, provided th31the majority

calculated ill aocordance with the aforesa id paragraph 2 is not less than 70% of the

wieghted VOles cas\. His term of office may be renewed ill the same mallner.

2. TIle Director General shall represent the Org81lisation in Icgal proceedings and

for all civil purposes.

3. Furthe rmore , in conformity with th e general policy estahlis hed by the Commit-

lee and the Commission, the Director General

(3)

shall be responsible for the efficient functioning of the Agency;

may appoin t the staff and may terminate theirscrvices in accordance with the

(b)

Staff Regulations;

may borrow money for a term not exceed ing onc year in accordance with the

Financial Regu lations and within tbe limi ts determined for that purpose by

the Commission;

may ente r illto contract both for the supply of goods and se rvices to the Or-

(d)

ganisation and the sale of goods and serv ices by the Organisation in accor-

dance with the Re gulations referred to in Article 10 and within the limi ts de-

termined for those purposes by the Commission.

4. The Di rector General may discharge the afo resa id functions without prior refer-

ence to the Committee, but in all cascs he shall keep the Committce informed of the

measures taken in the exercise of the aforesaid powers.

5. The Commiuee shall determine the oonditiolls under which a substitute for the

Direclor General may be appointed should he be unable to perforn his duties.

A

ARTtCLE 16

I. E~ti mates of all receipts and expend iture of the Ageney shalt be prepared for

each financial year.

2. The budget sha lt be balanced as between rece ipts and expenditure. Agency re-

ceipts and e~penditure in respect of research and uperimental centres, schools a nd any

other institutions set up under Article 2.5 above shan be recorded in detai l in a special

stateme nt.

3. Financ ial Regulations adopted pursuant to Article 1 I above sha lt make provi-

sions for estimating, pulling into effect and auditing the Agency's receipts and expendi-

tures, subject to the provisions of the present Statute.

ARTtCLE 17

J.

The financial yearshallllxgi n on 1 January and end on 31 December.

2. The estimates for each financial yearshall be submined by the Comminee for the

approval of the Commi~ion not later than 31 October in each year.

ARTtCLE 18

The Committee shall submit for approval by the Commission proposals concerning

the format of the budget and the unit of account to be used.

ARTtCLE 19

I. Without prejudice to the provisions of paragraph 2 be low. the annual cont ribu-

tion of each Contracting Party to the budget shalt be determilled, for each financial

year. in accordance with the followi ng formula

(a)

an initial 30% of th e contrib ution shall be calculated in proportio ll to the

value of the Gross National Produet or the Co ntracting Party, as defined in

paragraph 3 below;

(b)

a further 70% of the contribut ion shall be calculated in proportion to the

value or the rOute facility cost-hase of the Contracting Pa tt y as defined in

p~r~graph 4 below.

2. No Contracting Party shall be required to pay, in any financia l yea r. a contribu-

tion in e xcess of 30% orthe total amount of contributions from the Contracting Parties.

Should the contribution of anyone Contraeting Party calculated in accordance with

paragrap h I above exceed 30% , the excess shall be distributed among the other Con-

tracting Part ies according to the rules laid down in the aforesaid pa ragraph.

3. The Gross National Product to be used for the calculations shall be obta ined

from the statistics eompil ed by the Organisation for Economic Co-opemtion and De-

velopment - or failing that by any other body affording equivalent guarantees and de-

signated under a decision of the Commission - by calculating the arith met ical mean for

the last three years for which th ose statistics are avail"ble. The value of the Gro~ Na-

tional product shall be that which is c~kulated on the basis of factor cost and current

prices expressed in European Units o f Account.

A

'"

4. Th e route faci lity cost-base 10 be used for the calculations shall be the cost-base

established ill respect of the las\ yea r but onc preceding the financia l year oollcemcd.

A RTICI.." 20

1. 1lle Organisation may borrow on the international financial markets in order to

obtain the necessa ry resources for the accomplishment of its tasks.

2. The Organisation may issue loanson the financial markctsof a Contracting Party

in acrordance Wilh nat ional law relating to interna! loans, or, in the absenct: of such la w,

with the agreement of the Contracting Party.

3. 111C Financial Regulations shall determine the procedu res by wh ich Ihe Organi-

sation raises alld repays loans.

4. Each budget shall spedfy the maximum amount which the Organisation may

borrow during the year cove red by tbat budget.

5. In mauers fall ing witbin the scope of tbe present article. the Organisation shall

act in agreement with the competent authorities of the COlllracting Parties or with their

banks of issue.

A R Tt Cl..E21

The budget may be revised during the financial year, if circumsta nces so req uire , in

accordance with the req uirements prescribed for its preparation and approval.

ARTt Cl..E22

I. The acco un lsof all budgetary receipts and expe nditure shall be examined annu-

all y by a con trol board consistin g of two expert officials belo nging to the admin istra-

tions of the Contracting Part ies. These officials, who shall have different nationaliti es,

shall be appointed by the Commission on the proposal of the Committee in accordance

wi th Articl e 6.2 (b) of the Convention . The expenditures rcJating to the cont rol board

shall be borne by the Organisation.

2. The audit , which shall be made from the vouchers and if necessary ill.!ilu. shall be

designed to establish the regularity of the receipts and expendi tu res and to verify that

the financial admin istration is satisfactory. The control board shall present a report to

the Com mission after the end of each financial year.

ARTICl..E23

I. Adm inistrative ortechnical inspections of the services of thc Agency may be car-

ried OUl, if so req uired by the Co mmission , actingeitheron its own initiativeor at the re-

quest of the committee or Director G eneral.

2 . Such inspections shall be made by officers of the admin istrationsoft he Contrm:t-

ing Parties. Each inspection committee shall consist of at least two persons of different

nationa lities and shall include as far as possible a person who has taken part in a previ-

ous inspection.

A

ARTICLE 24

The Com mittee shall determine the worldng languages of the Agency.

ARTICLE 25

·Illc Agcncy sha ll issue the publications necessa ry for its operation.

ARTlc u ,26

111e Comnnttee shall submi t for the approval of the Commission any mod ificat ionsof

the Statute whic h are conside red to be necessary by the Com mittee. subject \0 the pro-

vis ions of Article n.3 of the Convention.

ANNEX2

Flight Information Regions

(Article 3 of the Convtntion)

COII/rac/ing Parties

Flighl/nformation Regions

11w Federa l Repub lic

Hannover Upper Flight Informatio n Region

of Gcrmany

Rhein Upper Flight Information Region

Bremen Flight Information Region

Duseldorf Flight Info rmat ion Region

Fra nkfurt Flight Informa tion Region

Mu nchen Fl ight Information Region

The Kingdom of Belgium }

Bruxelles Upper Flight Information Region

The Grand Duchyof

Bru~elles Flight Information Region

Luxembourg

The French Republic

France Upper Fl ight Information Region

Paris Flight Information Region

Brest Flight Information Region

Bordean~ Flight Information Region

Marsei ll e Fl ight Informat ion Region

Thc United Ki ngdom of

Great Brit3in and

Northcrn Ireland

Scottish Upper Flight Informat ion Region

Scollish Flight Information Region

London Upper Flight Information Region

London Fl ight I nformation Region

Ireland

Sha nnon Upper Flight Information Region

Shan non Flight Information Region

The Kingdom of the

Netherlands

Amsterdam Fl ight Information Region

T he Portuguese Republic

Lisboa Upper Flight Informa tion Region

Lisboa Flight Information Region

Santa Maria Fl ight lnfOlmnt ion Regio n

ANNEX 3

Transitional provlsJ.ons con'ring transfer from the arrangements existing under the

EUROCONTROL InterlUltiQnal Con'"entinn relating to C(HIpera tion for the &lfety of

Air Navigation of IJ Ilec:ember 1960 to th e arrangements under the Convention as

amended by the present ProtocoI.,

DEFINITION

Fo r the purposes of the presenl Annex

"seven States~ means th e Federal Republic of Germany . Ihc Kingdom of Be l·

gium, the French Republic, Ihe Uniled Kingdom of Great Britain and Northern

Ireland. Irela nd . the Grand Duchy o f Luxembourg and the Kingdom of the

Netherla nds;

"fo ur States~ mea ns the Federal Republic of Germany. the Kingdom of Bel·

giu m, the Grand Duchy of Luxembourg and the Kingdom o f the Netherl~nds

Mt ran sitional period~ means the period from the date of enlry into force of the

present Protocol unt il such time as the Commission , by a unan imous vote of the

seven States on a proposal from the four States. has agreed on future arrange-

ments for the Maastric ht Ce ntre and has decided to implement them.

ARTI CLE 2

M AASTR1CIIT CONTROL CENTRE

I . The following provisions of this article shall apply du ring th e transitiona l period.

2. (a)

Maastricht Control Cc ntre, including its staff. shall conti nue to be the re-

sJX>nsibility of the Organisation, whose property it shall remain .

(b)

Th e said Centre shall continue to provide air traffic control services in Ihe

ain;pace entrusted to it in pursuance of the Convention of 13 December

1960. In the exercise of its fuoctions the Organisatioo shall apply the prov i-

sions of paragraphs 10 10 15 of this article.

(e) The operating eosts in respeetofsuch functions shall be financed by thc four

States in accordance with a cost-sharing form ula to be agreed between

them.

3. The seven States shall cont ribute to the cost of investme nts in respect of the

Maast richt Centre approved prior to the entry into force of Ihe present Protocol in

proportio n 10 their respective Gross National Products as defined in Article 19.3 of

Annex I.

4. (a)

The Contrib ut ionsoflhe seven Slates, on the basis refe rred 10 in pa ragraph

3. shaH be used 10 fin~ nce on ly sueh new investme111s at Maastrieht as are

necessary to maintain the scale of the facilities and services approved up 10

the dale of entry in to force of the preselll Prolocol or 10 preserve the level of

safely .

A

(b)

By derogat ion from Article 7 of the Convention, decisions o n such invest-

ments shall be taken by the Committee and the Commission by a majority

vole of the seven States, it being understood that

the votes are weighted in ~ceord~nce with the table below,

-

the voles represent at least five out of the seven States,

(c) The table referred to in sub-paragraph (b) above is as follows

WEIGHT TABLE

Gross National Product according to factor cost and current prices in thousands of

millions of French francs

Number

ofvores

Less than 10 "",,,,,,,,,,,,,.,, .. ........... .............................. .. . .

I

From 10 inclusive to 20 e~clusive ........................................ .

From 20 inclusive to 30 e~clusive ......... . ............. ",,,,,.,,,,, _. ,.

From 30 inclusive to 46 2/ 3 e~clusive .. " ..... " ........ " .... " .......... .

From 4621J inclusive to 63'/J exclusive .... .. ......... " .... " ..... ".""

From 63"Jinclusive to 80 exclusive .... . ................................. .

From 80 inclusive to 110 exclusive "" ,."." .......... " .............. .

From I \0 inclusive to 140 exclusive .............. " ....... " ... .

From 140 inclusive to 200 exclusive

From 200 inclus ive to 260 exclusive

From 260 inclusive to 320 exclusive

" 12

From 320 inclusive to 380 exclusive

and the reafter one additional vote for each additional increase or fmction the reof of

sixty thousand million French francs.

5. A sum equivalent to the receipts from route charges in respect of the amounts for

ann ual amortisation and interest on the capital e~pe nditure at the M~astricht Centre

shall be payable by the four States in accordance with a cost-sharing formula to be

agreed between them, This sum shall be redistributed to the seven States in proportion

to thei r average contributions 10 the Investmen! Budgets from 1974 to 1980 in the case

of investments financed before 31 December 1980, and to thei r actu~ 1 contributions in

the case of investments financed ~fte r that d~te,

6, (3)

From the date of entry into force of the present Protocol, the radar

installations and transmitt ing ~nd receiving stations which form an integr~l

part of the Maastricht Centre syste m and are used to provide air traffic

services shall become the property of the States in which they are located.

(b)

The said States shall purchase the above-mentioned facil ities at the then

current written-down value. The proceeds of the sale shall be distributed

among the seven States in proportion tQ thei r ~verage contributions to the

Investment Budgets from 1974 to 1980 in the case of investments financed

before 31 Decernbe r t980, and to their actual nation"l contributions in the

case of investments financed after that date.

7. The installations. equipment and technical ~rvices made available to the

military authorities of the Federal Republi c of Germany. in accordance wi th the

Agreem ent concluded on 3 November 1977 between the Government of thc Federal

Republic of Germany and E U ROCONTROL relating to the collocation of the German

Air Force at the EUROCONTRO L Maastricht UAC. shall continue to be made

avai lable.

8. Expenditure in respoxl of investment costs of th e Maastricht Centre whic h is

entered in the Orga ni sntion's budget a nd is met by the seven States sllall be sel out in 3

special budgetary annex.

9. E~penditure in respect of the operating and maintenance costs oflhe Maast richt

Centre whir ll is entered in the Organisation's budget and is met by the four States shall

be set out in a special budgetary annex.

10. The Contracting Parties shall, to the extent that they are competent to do 00.

and in particular in respect of the allocation of radio frequencies. take the necessary

measures to ensure that the Organisation can acromplish all those ope rations which

fu lfil its purpose.

11. (a) For the accomplishment o f its task. lhe Agency shall apply for the purpose

of air traffic control the regulations in force in the territories of the

Contracting P"rties and in tile a irspace in respcct of which Ihe air traffic

services have been ent rusted to them under international agreements 10

which they are parties.

(b) In case of difficulty in "pplying the provisions of (a) above. the Agcncysh;tll

bring the matter before the Commission which shall make

recommendations to the Contracting Parties regarding the necessary

measu res 10 be t" kcn.

12. For the accomplishment of its task and within the limits of the powers conferred

on Ihe air traffic services . lhe Agency shall give all necessary instructions 10 ai rcraft

commanders. The aircra ft commander~ shall be bound to oomply with th()!;e

instructions. except in the cases of fo rce majeuf? provided for in the regulations referred

to in paragraph 11 above.

13. Infringements of the air navigahon regulations comm itted in the airspace 111

which the air Iraffic services have been entrusted to the Agenc y shall be recorded in

reports by officers specifically author'sed by the Agency for thilt purpose, without

prejudice to the right under national law of officers of the Contracting I'arties to report

in fringements of the same nature. The reports referred to above sha ll have the s.ame

effect in national courts as those drawn up by nation al officcrs qualified to report

in fringements of the sa me natu re.

14. I ntcrnat ional agreements "nd n"lion~1 regulations relatillg 10 Ihe "dmission 10.

night Mer and sec urity of the territoryofthe Contracting P,lTticsshall be binding on lhe

Agency which shall take all the necessary measures 10 ensure the applic"tion of such

agreements and regulations.

15. In order that the Contracting Parties may be able to verify thut national

regulatiolls and international agreements are being ~pplied. the Agency shall be bound

to give those Cont racting P"rties which 5(> request ~lllhe necessary information rel~ting

to the aircraft o f which it has oognisance in the exercise of ilS functio ns.

A IS'

A RTIC l.!;; J

K A IU..sRUHS CONTROL CENTRE

On lite dale of entry illto force of the presc nt Protocol , Karlsruhc Control Cent re

shall become the property of the Federal Republ ic of Germany. which ~h an purcha!;e

Ihe: Ce ntre at Ihe Ihe n curren t writte n-down value. The proceeds of the sale shall be

distributed among the seven Slates in proport ion to thei r average contrib utions (0 the

Investmen t Budgets from \974 10 1980 in the case of investments fi nanced before)1

Decembe r 1980, and 10 thci r actual contribu tions in the case of investme nts financed

afler Ihal dale.

ARTICLE 4

F ACI U TIESLocATED IN I RELAN D

From Ihe da le of entry into force of the present Protocol. tile Sha nnon Cont rol

Cen tre, Ihe Mount GabrieJ secondary radar insta ll ation and radio-telcphony sta lion!

and the: Woodcock Hill SCCQnda ry radar installat ions shall become th e prope rty of

Ireland . In the four years thereafte r, rOUle charge receipts co rresponding to the cost

allowed for amort isation of these facili ties sha ll be distributed amo ng the seven States in

proportion to their average contributions to the Investmen t Budgets from 1974 to 1980

in the case of investments fi nanced be fo re 31 December 1980, and to thei r act ual

national cont ributions in the case o f investme nts fi nanced afte r that date.

RESIDU"-L P,,- VMENTS

ARTICLES

I . Any en titlement to rei mbu rseme nt unde r existing provisions in respect of

amOrT isation of approved indirect invest ments shall cease on thedute of entry inl o force

of Ihe prese nt Protocol.

2. The payments due pursuant to decisions taken by the Organisation prior to th e

en try into force o f the present Pro loco16hall still be effected thereafte r in accordance

wi lh the Il.Iles l .. id down by sucb decisions and sha ll be set out in speeial budge tary

an nexes.

TRA NSITtON"'L B u oo~"'''' Rv PItOVtSIONS

A RTlCLE6

1. Wi thi n three mont hs following the entry into force o f Ihe present Pro tocol , a

budget shall be drawn up and approved by the Com mission.

2. This budge t shall have retroactive effect from the dale of entry into force of the

present Protocol and shall te rminate on 31 Decembe r of the then curren t year.

3. During Ihe period o f preparation of the budget referred to in paragrap h I above, .

the Commission may invite the Con tract ing Parties to make appropriate advances to

the working capita l fund .

4. Advances in respect of working capi tal shall be offset agai nst lhe contributions

determined pursuant to Article 19 of Annel I 10 the present Protocol.

BRUSSELS PROTOCO L 1970

incorporating amenuments made by Brussels Protocol 1978 and Brussels Protocol 198 1

(A rt . XXXV III )

Aud itional Protocol to the "EU ROCONTROL" Inte rnational Convention re lating to

Co-operation for the Safety of A ir Navigation signed at Brussels on 13th Dece mbe r,

1960, with Protocol of signature, Brussels, 6th J uly 1970.

T HE STATES PA RTY to the wEUROCONTROL ~ lnlemalional Conven tion

relating to Co-ope ration for the Safety o f Air Navigat ion signed at Brusselson Ihe 13th

December 1960 ( hereinafte r called wthe Convention-)_ which se t up the European

Orga ni sation for the Safety of Air Navigation " EUROCONTRO L - (herei nafter called

" the Orga nisa tion").

A

lOll

H AVE AG REED AS FOLLOWS

ARTICLE I

I. Wit ho ut prej ud ice \0 Ihe cxoncralio ns Ilrovilled for; n Articles 19 and 20 o f the

Co nven tion as amc luJcd b~ lhe Prolorol ope ned for signa ture lit Brussds in 1981. whe n

the Organisation in the e ~ercise of its official acti vit ies m~ k cs subs tan tia l acquis itio ns of

properly o r employs se rvices o f Mlb$lan lial value; n respect o f wllich indirect d uties.

taxes or charges (includ ing such d uties, taxes or charges levied on importation Ol her

th an Ih05e re ferred 10 in paragra ph 1 of A rticle ZOoft lte Corl\"CIl ,ion as nmc nt1ed bylhc

said l'r01ocol) have been paid or are payable. the Govern men ts of the Member Slales

shall. when eve r possible. lake appropria te actio n \0 o ffsc t Ihe effect on lhe

O rga nisation of such tlu lies. taxes or charges by m c ml~ o f ~n adjusI I11c nl of Ihc fi lla ncial

CQnt ri bu tions to the Organisa tion o r by mcans of rellli»io n o r of rei m bu~me n t to the

Organ isat ion of Ihe amoun t o f tlie dUlies, la~es or charges.

2. Wil h regard 10 paymen ts by Ihe Organis.llion 10 Member Sta tes in respect o f

capi tal investmen ts made by those S t ~tes. in SO far as the cost thereof is 10 be re funded

by I he Organism iOIl. Ihe said Stal es sha ll e"su re th atlhe ir slatelllelilS of the amounts in

queSlion submi Hed 10 the Orga nisa tio n do not include dut ies. t a~cs o r charges from

which the Organis.1\ion would have been e~e m pt or which wou ld be refunded co il or

which would be the subject of an adjustmcnt of Ihe financial CQnuibulions 10 the

Organisalion if the Organisa tion had made those investmentl; itse lf.

3. T he provisionsoft his Artide sh,11I no t apply in respecl of dU lies, l n ~esorcllarges

CQllected as Il<lyme lll for publ ie utili ly services.

AI!.TI CLE2

Property aC/lui red by the Organisalion to which p~ragraph I of Article I applics

may not be SQld or (lt herwise di~posc d of except in accordance wit h CQnd it ions I~id

down by lhe Governments of lh,' States CQ ncerned.

AI!.T1CLE3

I. The Directo r General o f the Age ncy and the sta ff of the O rgallisa tion. including

the I'c rm,me nt Dc Icg.,tc, sh~ 1I be subjecl. under I he condit io ns mid rules laid lIown by

I he Pe rm anent Com mission. 10 ~ la x fo r the bC ll efi l of the Organis"l ion o n sala ries a nd

emoluments paid by the Org~n isation. which shall take e ffcc t wit hin ~ period uf OIlC

)'ea r from the date of en try into force of thi~ pro~ ision. As frolll the date on whi~ h Ih is

tax is applied . such salaries and emoluments shall be exempt from nat ional ineo,ne 'a~.

The Cont racting States may, however. lake inlo accoun t the sal~n..:s and emoluments

Ihu scxc mplcd when assessing the a mounlof tax paya ble on income from othcrsou recs.

2. Paragraph 1 shall no t apply 10 pe nsions and annuit ies p,liu by the O rg,lIli~u t io n_

3. The names. titles. addresses as we ll as remune rations a nd where uppropria le

pensions of employees and former employees 10 whom tlte provisions of p.1fagraphs I

and 2 of the prese nt arlicle a rc applicable shall be CQm municated periodically 10 Ihe

Comraclill g SWles.

ARTICLE 4

Fo r the pu rpose of Ihe presen t Protoxol , the Organisation s h~1I act in ~onccrt wil11

the rclCvHnt aut horilies <lr the Membe r Sta tes concerneu.

A

ARTICI...E5

An y dispule wh ich mny arise bet ween the Co n tr~ct in g Parties, o r betwee n Ihe

Conlracting Pa rties and Ihe Organisation rep resen ted by the Comm iss io n, relating 10

the in terprela tion o r applica tion of the prcsc: nt Protocol shaH be se ttled in acco rda nce

wilh the procedure se l out in Article 31 of the Convention as ame nded by the Protocol

o pe ned fo r signa lure in Brusse ls in 1981.

A RTICl..E6

The present Protocol shall re main in force un til the expiry o f the Convention.

A ltTlCI..E 7

The presenl Protocol shall be rati fied.

I.

2. The instr ume nlS o f ral ification shall be deposited wi th the Gove rn me nt of the

Kingdom of Be lgium.

3. The prC!iC m Protocol shall come inlofo rce on the firs t dayof the mo nth foHowing

the de posit o f the instru menl of ral ification o f the last State party to the Conve nt ion to

romplele Iha t formality.

4. The Govem me nl of the Kingdom o f Belgi um shall notify the GoVC rn me nlS o f

the ot he r Slates party to th e Conve ntion of a llY de posi t o f a n instru ment of rat ifica tion

an d of the date of eOl ry inl o force.

ART ICLE S

I. Accession 10 Ihe prese nl Protocol is open to any no n·signato ry State wh ic h

makes a request 10 accede to the Conve nt ion in acconl onee with Ih e provisions of

Art icle 36 o f the Conve ntion as ame nded by the Pro tocol ope ned fo r signatu re in

Brussels in 1981.

2. The agreeme nl of Ihe Commission sti pu lated in the said Art icle 36 shall be

subject 10 the ltCttSSion o f the State concerned to the present Protocol.

3. The inst rumen t o f accession 10 Ihe presen l Protocol shaH be de posited a l the

S<lme time as Ihe inSlrume nl o f accessio n to Ihe Conve nt ion with the Governmeni of the

Kingdom of Ue lgium, wh ich shall notify the Go ve rnmenlS of Ihe other signatory and

acced ing Slates.

4. Accessio n to the prese nt Protocol sha ll take e ffect fro m th e same day as Ihe

access ion to Ihe Conve nt io n.

IN WITNESS WHEREO F , Ih e undersigned Plen ipolel11iories, after presentati on

o f Ihcir fu ll powers, found to be in good and due form , hove signed the prese nt Protocol

and ha"e a ffixed the reto thei r seals.

DON E 31 Orussels, this sixlh day o f J uly, 1970, in Ihe English, G ennan , French

and Du t~h la nguages, in a single ropy. which shall remain deposited in the arch ives o f

Ihe Gove rn ment of lhe Kingdom or Belgi um . which shall trnnsmit ce nifiedropics to all

Ih ~ signmory Slale$. In Ihe case o f any inconsistency, the lell t in Ihe French language

shall preva il.

A

SECOND SCHEDU LE

(Sections 2, 12, 14)

MULTI.LATERAL AGREEMEI\'T

RElATING TO RO UTE C HA RGES

The Fede ral RepublicofGennany. The Republic of Austria , The Kingdom of

Be lgium, Spain. The French Republic, The United Kingdom of Great Britain

and Northern Ireland , Ireland. The Grand Duchy of LUl[cmbourg. The King-

dom o f th e Neth erlands, The Portuguese Republic, The Swiss Confederation,

hereinafter called " th e Contracting States" ;

The European Organisation for the Safety of Air Navigatio n, hereinafte r

called " EUROCONTROL" ;

Conside ring tha t the agreements concluded by European States with

EU ROCONT ROL for the collection of route charges must be re placed owing

to the ame ndment of th e EU ROCONTROL International Convention relati ng

to Co-operati o n for the Safety of Air Navigation of 13 December 1960;

Recognising Iha l co-operation in respect of th e establishme nt and collection

o f route charges has proved effective in the past

Desiro us of continuing and st rengh teni ng the co-operation es ta blished

Resolved to ope rate, with due regard to the guidelines recommended by the

Inte rn ationa l Civil Aviation Organization, a uniform European route charges

syslem accessible to as many European States as possible;

Convinced that this un iformity will also facili tate consultation with use";

Considerin g that it is desirable for the States part icipating in the EUROCO N-

TROL route charges system to strenghten the Organisa ti on's powers in rega rd

10 the recovery of charges

Recognising that such a system req uircs a new legal basis;

Have agreed as follows

A

AKnCLE I

I. The Contracting States lIgree to adopt a common policy in respect of

charges for en route air navigation facilities and services. hereinaft er tailed

"route dmrgcs·'. in the airspace of the Flight Informatio n Regions falli ng within

their tO mpele nte.

2. They acco rdingly lIgrcc to create a jOint system for th e establishment and

collection of ro ute charges lInd 10 use fOf th is pur!X'se the services of

EUROCONTROL.

3. To this end the Permanent Commission and the Commillee of Manage-

ment of EUROCOl'n'ROL shall be enlarged to indude representatives of the

Contracting States which are not membe rs of E U ROCONTROL and are

he reinafte r called the "enlarged Commission" and the "enlarged Commillee"'.

4. 11te A igh t Information Regions men tioned in paragraph I lIbove life

listed in A nnex I to this Agreement. A ny amendment which a Contracti ng State

wishes to make 10 th e list of its Aight lnformation Regionsshall be subject to the

unanimous agreement of the enlarged Commission if it wou ld result in a change

in the overall limits of the airspace covered by this Agree ment . Any lImendment

which does not result in suth a change shall be notified to EUROCONTROL by

the ContraCling State concerned.

ARTto..E2

Each ContraCling State shall have one vOle in the enlarged Commission. sub-

ject to the provisions of Article 6.1 (b).

ARTICLE 3

I . The enlarged Commission shall unde rtake the establishment of the joint

system of route charges in such a manncr that

(a) those charges arc establ ished according to a common formu la which

takes account of th e costs incurrcd by t he Contracting States in re-

spect of en ro ute air navigation facilit ies and services and of the oper-

ation of the system. as well as the costs incurred by EUROCON·

TROL in operating the system;

(b) those charges are collected by EUROCONTRO L as a single chargc

per night.

2. The enlarged Commission shall, for the above purposes

(a) establish the principles gove rn ing the assessme nt of the costs refe rred

to in paragraph I (a) ahove ;

(b) establish the formula to be lIpplicd in calculating the ro ute charges

(c) appro\'e. for each charging period. the ratc at wh ich the costs refe rred

to in paragraph I (a) above are to be recovered ;

(d) de tennine the un it of account in whic h the route charges arc e)(pres-

sed

(e) detenninc the condi tions of application of the system. including the

conditions of payment, as we ll as the unil rates and tariffs and the

period during which they are to apply;

(f) determine the principles govern ing exemption from the route charges;

(g) approve re!X'rts of the enlarged Commillee;

(h) adopt the financial regulations applicable to the routc charges system;

0) approve agreements between EU ROCONTROL and any State wis h-

ing 10 avail itself o f EUROCONTROL's resou rces or technical assist-

ance in con nection with air navigation cha rges not covered by this Ag-

reement ;

G) approve the budgetary an nex proposed by the enlarged Committee in

acoordance with Article 5. 1 (c).

3. The e nlarged Commission shall establish its rules of procedure by a

unanimous vote of all Con tractin g Slales.

ARTICLE 4

Each ConlTacting State shall have onc vote in the enlarged Com mittee, sub-

ject to the provisions of art icle 6 .2 (b).

ARTICLE S

I. The enlarged Committee shall undertake

(a) the preparation of decisions for the enlarged Commission

(b) the supervision oflhe operation ofthe route chargessyslem. including

the use of the resou rces employed by E UROCONTROL for this pur-

pose, and the laking of all necessa ry measures, particularly in respect

of recovery of route charges. in conformity with the decisions of the

enlarged Commission;

(c)

the reponing to the enlarged Commission on the resources required

for the operation of the route charges system and the submission to it

o f the budgetary annex relati ng to EUROCONTROL's activities in

connection wit h route charges

(d)

the performance of any other tasks entrusted to it by thc enlarged

Commission;

2. The enlarged Committee shall esta blish its rules of procedure. subject

to the prOvisions of Article 6.2 (a).

ARTICLE 6

I. The decisions of the enlarged Commission shall be taken as follows

(a) decisions on the mallers referred to in Article 3.2 (a) to (r) and (h)

shall requi re a unanimous vo te of all COntracting States and shall be

binding on all Contracting States; failing a un:mimous decision . the

enlarged Commission shall take a decision by it two- thirds majorit y

of the votes cast: any Contracting State which is unable for overniding

national considerations to apply that decision shall submit 10 the

enlarged Commission an explanatory state ment o f the reasons

therefo r;

(b) decisions on the mallers referred to in A n icle 3.2 (i) and (j) shall

require a two-thirds majority of the votes cast. provided that the

votes comprise the wcighted majority of the Member States of

EU ROCONTROL in acco rdance with the prOvisions reproduced in

Annex 2 10 this Agreement; every year EU ROCONTROL shall

notify the Contracting States which are not Member States of

EUROCONTROL o f the numbe r of VOles \0 which the Member

States are entitled under the said provisions;

(c) decisions on the malleTS referred !O in Article 3.2 (g) shall req uire

a two-thirds majority of the votes cast. Thc same applies to

proceedings introduced on IJchalf of EUROCONTROL by the

A '<>5

enl arged Commission before the arbilral tribunal mel1lioncd in

Article 25.

2. (3) th e r~les of procedu,re of th e e~J~rged Committee. including the rules

rela lmg 10 the ta kmg of deCISions. shall require approval by th e

enlarged Co mmission by a una nimous \'ote of all Contracting States.

(b) However. in th e mau ers referred 10 in Anicle 5.1 (c), the decisions

of the enlarged Comminee shall be adopted in accordance with the

provisions of paragra ph I (b) of Ihis art icle.

ARTICLE 7

EUROCONTROL shall assess. in accordance wi th the applicable rules. the

route cha rges due for each flight in the airspace defined in Article: I.

ARTIC LE 8

EUROCONTROL shall collect the roule charges referred to in Artide 7.

Fo r that purpose. they shall constitute a si ngle charge due in respect of each

flight. which shall constitute a single claim by EUROCONTROL. payable: at

its headquaners.

ARTICl.E 9

The person liable 10 pay the eharge shall be the person who was the ope rator

o f the ai rcraft at the time when the flight was performed.

ARnCl.E 10

If the identity of the ope rato r is nOl known. th e owner of the aircraft shall

be: regarded as the operator unlcss he proves which o th er person was the

operator.

II

ARTICLE

Where a debtor has nOl paid the amount due, measures may be taken to

enfo rce recovery .

ARTI CLE 12

I . Proceedings for recovery of the amount due shall be: instituted either

by EUROCONTRO L or. at EU ROCO NTROL's req uest. by a Contra cting

State .

2. Recovery shall be effected by eith cr judicial or ad ministrative procedure.

3. Each Contractin g State shall inform EUROCONTRO L of the

procedures app lied in that State and of thc competent cou rtS, tribunals or

administrative aut horities.

\3

ARTICl.E

Recovery proceedings shall be instituted in the te rritory of the Cont racting

State

(a) where th e debtor has his residence or registered o ffice ;

(b) where the debtor has a place of business. if neither his residence nor

his registered office is situated in the tcrritory of a Contracting State

«) in the absence of the grounds of jurisdiction $Ct Out in (a) and (b)

above. where the debtor has asse ts

(d) in th e absence of the grounds o f jurisdiction sct ou t in (a) to (e)

above. where EU RQCONTRO L has its headquarters.

ARTICLE 14

EUROCONTROL shall have the capacity to institute proceedings before

th e competent courts, tribunals and ad minisrative autho rities of States not

part ies to this Agreement.

ARTICLE 15

The fo llowing decisions taken in a Contracting Stale sha ll be recognised and

enforced in the other Contracting States

(a) final dccisions of a court or tri bunal ;

(b) decisions of an admin istrative aut hority which have been subject to

review by a co urt or tribuna l, but are no longcr so, eith er because

the court or tribunal has dismissed the appeal by a fi nal ded sion , o r

because the appeal has been withd rawn , or beeause the time for

lodging the appeal has expired .

AIHICLE 16

Decisions referred to in Art icle 15 shall nOI be recognised o r enforced in

the fo llowing cases

(a) if the court , tri buna l or administrative a uthority o f th e Stale of origin

was not competen t in accordance with Anicle 13;

(b) if the decision is manifeslly incompatible with the publit,: policy of

the State add ressed;

(e) if the debtor did not receive notice of the decision of the

administrative authority or of the institution of the proceedings in

sufficie nt time to enable him to defe nd the case or to appeal to a

court or a tribunal ;

(d) if proceedings re lating to th e same route charges ha ve been previously

insti tu ted and are still pending before a court . tribunal or an

admin istra tive autho rity of the State addressed ;

(c) if the decision is incompatible wi th a decision relati ng to the same

route charges give n in th e State addressed;

(f) if the court , tribunal or autho ri ty of the State of origin, in order to

arrive at its decision, has decided 11 preliminary qu es tion concerning

the status or legal capacit y of Ilnt ural perso ns, rights in property

arising out of a ma trimonial rela tio llship. wills or succession in a way

th at connicts with a rule o f the private intem atio llallaw of the State

in which the recognition is sought. unless the s,'1me result would ha ve

been obtai ned by the applicatio n of the rul es o f private international

law of that State.

ARTICLE 17

The decisions re ferred to in Article 15, if enrorccable in th e State of origin ,

shall be enforced in accordan ce with th e law o f lhe State addressed . If necessa ry,

an o rde r of enforceme nt shall on req uest be issued by a court , tribun al o r an ad-

ministrati ve autho rity o f the Stale addressed .

ARTI CLE 18

I , The request shall be accompallied by

fa) a certified copy o f the decision

(b) in Ihe case o f a decision of a court or tribun al re nde red by ddault . the

original o r a cert ified copy o f a doc umen t establ ishillg that not ice o f

th e instit ution of Ihe proceedings was dul y served o n the debtor

A

in the case of an admin istrat ive decision. a document establishing tha t

(c)

the requi rememsof Artkle 15 have been me t;

(d) a document establishing that the decision is enforceable in the State of

origin and that the debtor has received notice o f the dccision in due

time.

2. A duly certified translat ion of the docu men ts shall be supplied if the

court, tribuna l or administrative authority of the State addressed so requires.

No legalisation or similar fonnality shall be required.

ARTI C LE 19

\. The req ucst can be rejected onl y foron e of the reasons set fo rth in A rtic le

In nocasc may the decision be reviewed on its merits in the State addressed.

2. The procedure for the recognition and enforcement of the decision shall

be governed by the law of the State addressed insofa r as this Agreement does

not otherwise provide.

ARTI CLE. 20

The amount collected by EU ROCONT ROL shall be paid to the Contracting

States in accordance with the decisions of the enlarged Comm ittee.

ARTI CLE. 21

Where the claim is recovered by a Contracting State , the amou nt colle,ted

shall be paid without delay to EU ROCONTROL. whic h shall proceed in accor-

dance wi th Article 20. The recovery costs incurred by the Slate shall be charged

to EUROCONTROL.

ARTI C LE 22

The competent aut horites of the Contracting States sha ll co·operate with

EU ROCONTROL in the establishment and collection o f route ,harges.

ARTIC LE 23

If th e cnlarged Committee decides unanimously to abandon re,overy o f a

charge, the Contracting States concern ed may take whatever action they deem

fit. In such a case. th e provisio ns of this Agreement relating to recovery and to

recognition and enfo rcement of decisions shall cease to apply.

ARTI CLE 24

In the event of a state of eme rgency or war, the provisions o f this Agreement

shall not affect the fre edom of act ion of the Contracting States involved .

ARTICL E 25

I. Any dispute which may arise either between the Contracting States, o r

between the Contracting States and EUROCONTROL represented by the en·

larged Commission. relatin g to the imerpretation or application of this Agree-

ment or of its anne~es, and which it has not been possible to se ul e by di rect

negotiation or by any o ther method. shall be referred to arbitra ti on on the re -

quest of anyone o f the parties.

2. For the purpose . each of the parties shall in each case appom t an arbitrator

and the arbitrators shall agree on the appoi ntment o f a th ird arb itrator.

3. The arbitraltribunal shall dct ennine its own procedure.

4. Each party shall bear the costs in respect of ils own arbitrator and its rep·

rese ntation in the proceedings before the tribunal; the costs in respect of the

third arbitrator an d any other costs shall be borne equall y by the parties to the

dispute. The arbitral tribu nal may ho wever determ ine a different sharin g of

costs if it th inks fil.

S. The decisions of the arbitral tribuna l shall be binding on the parties to the

dispute.

A RTICl.E 26

.

This agreeme nt shall re place the Multilateral Agree men t relating to the Col-

lection of Rou te Charges o f 8 September 1970.

This provision is withouI prejudice to any agreement be tween EU ROCON-

TRO L and a non-me mber State of EU RO CONT ROL rela ling to the collectio n

of route charges which concerns th e Flight Information Regio ns referred to in

Article I o f this Agree ment, which shall remai n in force unti l that State becomes

a party to this Agreement.

ARTICl.E 27

I. This agreement shall be open fo r signature. prio r 10 thc da le o f its entry

into force , by any State which is al th e time of Signa ture participating in the

EU ROC ONT ROL sys tem of collection of route charges o r is gran ted the right

of signalUre by a unanimous decision o f the Permane nt Commission.

2 . This agreeme nt shall be subject 10 ra tification. T he inst ruments of ratifi-

cation shall be de posited with the Government of the Kingdom of Belgiu m.

Rati fication of th e Protocol. opened fo r sign at ure at Brussels on 12 February

1981. amending the EUROCOl\'T R O L Int erna ti onal Co nvention relating to

Co-operation for the Safety of Air N,lvigation of 13 Decembe r 1%0. hereinaft er

call ed " the Protocol" shall also constitute ratification o f this Agreenlent.

3. This Agree ment shall enterinlO force on the date of en try iOlo force of th e

Protocol in the case of EUROCONTROL. the Mem Ocr States of E UROCON -

TROL. and States whic h have deposited thei r inst rum ents of ratificatio n before

tha t da te.

4. Wh ere any State deposits its instrument of ratification after the dale of the

entry int o fo rce of th is A gree ment. thi s Agreement shall enter into force in re-

spect of that State o n the first day of the second mont h followi ng the dale on

which the instrument of ratificat ion was deposited.

S. EUROCO NTROL shall become a party 10 th is Agreem e nt by its signa-

ture.

6. The Gove rnment of the Ki ngdom o f Belgium shall not ify the Gove rn -

ments of the o th er sign atory Stales 10 thi s Agreeme nt of each signature o f thi s

Agreemen t . of the deposit of any inst rum ent of ratification and of the date of

entry in to force of thi s Agree ment .

ARTICLE 28

t. Any St,lte may accede to thi s Agreement.

With the exce ption of European States which accede 10 the amended Conve n-

tio n referred to in Article 27.2. States may accede to Ihis Ag reeme nt only with

the a pproval of the e nlarged Commission carried by a unan im ous vote.

2. Thc inStrumcnt of accession shall be de posited with the Governm e nt of

the Kingdom of Belgium . which shall notify the G ove mments of the olhe r Con-

tracting States.

3. Accession shall take effect from th e first day of the second month fo llow-

ing the deposi t o f the instrument of accession.

ARTICLE 29

I.States parties to th e amended Convcn tion shall be bound by this Agree ment

for as long as the said amen ded Convention remain s in force .

A

16'

2. States which are not panics to the ame nded Convention sha ll be bound

by this Agree ment for a period of five years from the dale on which th e Agree-

men! enters into force in respect of the State ooncerned or until the expiry o f th e

Convention, whichever is the ea rl ie r. This five-year period shall be automati-

cally extended for further five-year periods save where the Stute concerned

notifies the Government of the Ki ngdom of Belgium in wtiting. not less than IwO

years before the ex piry of the current period , of its imenlion 10 withdraw from

the Agreement. The Government of the Kingdom of Belgi um shall notify th e

Governments of th e other Cont ractin g States in writing of such notice.

3. The Government of the Kingdom of Belgium shall notify the Govern-

me nts of th e o th er Contracting States in writing of any notice given by a Con·

tract ing Party to the amended Co nvention of its intention to denounce the said

Convelllion.

ARTICLE 30

The Government oflhe Kingdom of Bclgiu m shall cause Ihis Agree ment to be

registered with [he Secretary General o f the United Nations. in acco rdance with

Article 102 of th e Charter of the United Nations. and with the Coun cil o f th e In·

ternational Civil Aviatio n O rganization. in accordance with Article 83 of th e

Convention on Intern ational Civil Aviation signed in Chicago on 7 December

1944. IN WllNESS WHE REOF. the undersigned Plenipoten tia ries. after presen·

tation of th eir full powers. found to be in good and due form. have signed th is

Agreement.

DONE at Brussels . this 12t h day of February 1981. in the German. English.

Spanish. French . Dutch and Portuguese languages. the six texts being equally

aluh ent ic. in a single o ri ginal. which shall be deposi ted in the archi ves of the

Government of the Kingdom o f Belgium . which shalll rdnsmi t ce rt ified copies to

the Governments of the ot her signatory States. In the event of any inconsis·

tency. the text in the French language shaH prevail.

ANNEX I

,.light Inform ation Regions

Flighl lnfo rmalioll Rtgio/lS

COlllracfing Par/its

The Fede ral Republic of

Han nove r Uppe r Fligh t Info rmation Region

Germany ......... ........ ..

Rh ei n Upper Flight Information Region

Bremen Flight Informat ion Regio n

DUsscldorf Flight Information Region

Frankfurt Flight Informa tion Region

Munehen Flight Informa tion Region

The Republic of Austria.. Wien Flight Information Region

The Kingdom of BelgiUm} "

" cs Upper F ' hght

·

. RegIOn

.

ruxe

Information

Th e G ran d D ue h yo r

Luxe mbou rg .... .... .... Bruxelles Flight Information Region

Spam ... .. ......................

Madrid Upper Fligh t Information Region

Madrid Flight Information Region

Barcelona Upper A ig ht lnformation Region

Barce lona Flighl I nforma tion Regio n

IslasCanarias Upper Flight Informa1ion Regi o n

IslasCanarias Flighl lnforma ti on Region

A

TIl~ Fr~llch R~pllbli c

Francc Upper Flight Info rmati on Regio n

Paris Fligh t Information Region

Brcst Flight Information Region

Bordeaux Flight Informa tion Region

Ma rse ille Flight Information Region

The Uni ted Kigdom of

G reat Britain an d

No rth ern [reland ...... ,..

Scott ish Uppe r Flight Inform ation Region

Scottish Flight Inform ation Region

London Upper FJight lnforma tion Regio n

London Flight Information Region

Ireland ...... ... . .... ... .. .... ..

Shannon Upper Flight Information Regio n

Sha nno n Flight Info rm ati on Region

The Kingdom of the

Netherlan ds ................

Amstc rdam Flight Information Region

The Portu gue se Rcpublic .. .. Lisboa Uppe r FJight lnformation Regio n

Lisboa Fligh t Informat ion Region

Santa Maria Flight Informa tion Region

The Swiss Confederation ..... Genhe Upper Flight Information Region

G cneve Fiigh tln formation Region

Ziirich Uppe r Fligh t Info rmatio n Regio n

Zurich FJigh t l nformatio n Regio n

AN NEX 2

(Art icle 6. 1 (b»)

Extracts from the EU ROCONTRO L In te rnat io nal Con vcnti on relating 10 Co-

operation for the Safet), o f Air Naviga tion o f 13 Decembe r 1960amended by the

Prot ocol ope ned fo r Signatu re at Brussels in 198 1

AR1'ICLE 7.3 O FTHE CONVEN"IlON

"3. Un less ot h c rwi~e provide d, directivcs an d measures in the cases

provided fo r in Art icle 6. 1 (b) (uld 6.4 shall require a majo rit ), of the votes in

the Commission . it being understood that

- those votes sha ll be subj ect 10 t he weightin g provided fo r in Article 8

below,

- those votes shall represe nt thc majori t), of th e Contracting Pa rties voting."

ARTICLE 8 OF TH E CO NVEN"IlON

"Article 8

I . The weigh ting referred 10 in Article 7 shall be de termin ed according to

the followi ng table

Anll !lal comrifl!ltion ofa COII/racting Party

as a percemage of Ihe IOwl (1IIfUUI! cOllfribmioll)"

Number

o/voles

0/ alllh e Contracting Par/ies

Less th an 1% ... ... ... .... ..... ... .... . , .... .. ... , .. .. ..... , ..... , ..

I

From I 10 less than 2% ... ..... .. .............. . ..... ..... ..... ...

From 2 10 less tha n 3% ..... ..... ... .. ... .. ... .. ..... ..... ..... ...

From 3 10 less th an 4 11.2% . ...... ..... ..... ... .. ..... ..... ..... ...

Fro m 4 1h to less th an 6% ... .... ...... .. .. . ..... ..... ..... .......

From 6 to less than 1 11.2% ... ... .. ... .. .... . ... .. ... .. ..... ... ....

From7 l h lo less than9% ...................... .. .. ...... ...... ..

Fro m9to less tha n 11% .................... ... .. .... .. .. .. ... .. .

From II to less tha n 13"0 .................... ....................

From 13 to less than 15% ........................................

From IS 10 less than 18% ..... .. ... .... .. ... .. .. ...... .. .........

From 18 10 less th an 21% ............... .. ... .. ... ... .. .. .. ......

From 21 10 less th un 24% ..................... ...................

From 24 10 less th an 27% .................. .... ..................

From 27 to less than 30% .. ..... .. ... ...... .. ... .................

30% ............... ... ..... .... ... ... .. .. .... ..... .. ... .. ... ... ........

2. The nu mbers of lIotes shall be initially established with effect from the

date of entry into force of the Protocol ope ned for signature at Brussels in

1981 by reference to the abolle table and in accordance with the rule in Article

19 o f the Statu te o f the Agency for determining th e annual contributions of

th e Contracting Parties to the Organisation's budge\.

3. In the client of th e accession o f a State, the nu mbe r of lIo te5 of the

Contracting Parties shall be re-established in accordance with the sallle

procedure.

4. The numbe rs o f lIotes shall be re-establis hed each year in accorda nce

wit h thc foregoing proYisio ns.··

ARTI CLE 19 0F A NNEX 1 0FTH E CONVENTION(STAnrrEOFTH E A G ENCY)

" Ar/ielI'19

I. Witho ut prej ud ice to the provisions of paragraph 2 below, thc ann ual

contri bution o f each Contracting Party 10 the budge t shall be de te rmined . fOf

each financial year. in accordance with the following formula

(a) an init ial 30% of th e contribution shall be calculated in proportion to

the yalue of the Gross National Product of the ContraC1 ing Part y. as

defin ed in plL ragraph 3 below;

(b) a furth er 70% o f th e contribution shall be calculated in proportio n to

the va lue of th e rout e faci lit y cost- base of the ContraC1ing Party, as

defined in paragraph 4 below.

2. No Contracting Part y shall be required to pay, in any given fi nancial

year. a contribution in excess of 30"10 of the tot al amount of contributions

from the Contractin g Part ies. Should the contribution of anyone Contracting

Part y calculated in accordance with paragraph I above exceed 30%. the

e)lCeSS shall be distributed among the other Contracting Parties according to

the rules la id down in th e afo resaid paragraph.

3. The G ross Nat io nal ProduC1 to be used for th e ealcullltiolls shall be

obtai ned from the statistics compiled by the Organisation for Economic

Cooperatio n and I)cllelo pme nt - or failing that by any other body afford ing

equ ivale nt guarant ees a nd designated under a decision of the Commission -

by calcu lat ing the a rilh metical mean fo r the last three years fo r which those

A In

sta tistics are available. The value of the Gross National Product shall be that

which is calculated on th e basis o f faclOr C051 an d current prices ex pressed in

Euro pean Units of Accou nt.

4. The roule radlity cost-base to be used for the calculations shall be the

cost-base established in respect o f the lasl year bue one preced ing th e fi nanci al

year concerned. -,

Passed brl he Housc of Representatives al Sitting No. 209orthe 6th March, 1989.

LA WR ENC E GONZI

Speaker

P . M USC .... T Tt; RRIO ILE

Clerk to rhe House of Rl'pusem(jti~u.

' ppobWikOl mO;i.Oipon imeft]"· ~ 1 -""''''' _ K"'iIja hb&W by dt ~ lk_ , of lnp

- .. _ " .. tJ~

Mi'bqllfl.lotamponja .. I~ - ""-'I .... ~ I'ri.oIMt hn>