Resolução da Assembleia da República n.º 35/2001 — Aprova, para ratificação, o Protocolo que Consolida a Convenção Internacional de Cooperação para a Segurança da…

The Organisation shall have legal personality. 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 this Convention or the Statute at annex I, it shall be represented by the Agency, which shall act in its name. The Agency shall administer the property of the Organisation.

Article 5

1 - The General Assembly shall be composed of representatives of the Contracting Parties at Ministerial level. Each Contracting Party may appoint several delegates in order, in particular, to allow the interests of both civil aviation and national defence to be represented, but shall have only a single voting right.

2 - The Council shall be composed of representatives of the Contracting Parties at the level of the Directors General for Civil Aviation. Each Contracting Party may appoint several delegates in order, in particular, to allow the interests of both civil aviation and national defence to be represented, but shall have only a single voting right.

3 - On matters relating to the common route charges system, the General Assembly and the Council shall be made up of representatives of the Contracting Parties participating in the common route charges system under the conditions stipulated in annex IV.

4 - The representatives of international organisations which can contribute to the work of the Organisation shall, where appropriate, be invited by the General Assembly, or the Council, to participate as observers, in bodies of the Organisation.

Article 6

1 - The General Assembly shall take decisions with regard to the Contracting Parties, the Council and the Agency, in particular in the cases referred to in article 1.2, a).

In addition, the General Assembly shall:

2 - To formulate the common policy for route charges, the General Assembly shall, inter alia:

3 - The General Assembly may:

Article 7

1 - The Council, pursuant to the powers conferred on it by this Convention, may take decisions with regard to the Contracting Parties, in the tasks referred to in article 2.1.

2 - The Council, pursuant to its supervisory powers as conferred on it in regard to the Agency by this Convention:

3 - The Council shall establish a Performance Review Commission and a Safety Regulation Commission. These Commissions will initiate relevant proposals to the Council and receive administrative support and assistance from the Agency services which have the necessary degree of independence to exercise their functions.

4 - The Council shall establish a Civil/Military Interface Standing Committee.

5 - The Council shall establish an Audit Board to which it may delegate duties and, under specific terms of reference, delegate powers.

6 - The Council may be assisted by other committees in other fields of activity of the Organisation.

7 - The Council may delegate duties and, under specific terms of reference, delegate powers to the Civil/Military Interface Standing Committee and any Committee created after the entry into force of this Convention. Such delegations of duties or powers shall not prevent the Council from being able to raise matters at any time as part of its task of general supervision.

Article 8

1 - Decisions taken with regard to the Contracting Parties by the General Assembly, in particular on the basis of article 1.2, a), and the first subparagraph of article 6.1, or by the Council, in particular on the basis of article 1.2, b), and article 7.1, shall be taken by a majority of the votes cast, on condition that the said majority represents at least three-quarters of the weighted votes cast, according to the weighting provided for in article 11, and at least three-quarters of the Contracting Parties casting a vote.

This rule shall also apply to decisions taken in the cases referred to in articles 2.1, i), p), r) and s), 2.5, 6.1, a), c) and d), 6.2, 6.3, b), 7.2, d), j) and k), 7.3, 7.6 and 7.7, 12, 13.2 and 13.3.

This rule shall also apply to decisions taken in pursuance of article 3 of annex IV. These decisions, when they refer to the unit rates, tariffs and conditions of application of the Route Charges System referred to in article 3, c), of annex IV, shall not apply in regard to a Contracting Party if that Contracting Party has voted against and so decides. In this case, this Contracting Party shall submit an explanatory statement of its reasons and cannot put in question the common policy as defined in article 6.2.

2 - Decisions taken with regard to the Agency by the General Assembly, in particular on the basis of article 1.2, a) and c), and the first subparagraph of article 6.1, or by the Council, in particular on the basis of article 1.2, b) and c), shall be taken by a majority of the votes cast, on condition that the majority represents more than half the weighted votes cast, according to the weighting provided for in article 11, and more than half the Contracting Parties casting a vote. In matters of particular importance, and where at least one-third of the Contracting Parties entitled to vote so request, the majority must represent at least three-quarters of the weighted votes cast instead of more than half.

This rule shall also apply to decisions taken in the cases referred to in articles 6.1, b), 6.3, a), 7.2, a) to c), e) to i), l) and m), 9.2 and 10.2.

3 - However, decisions shall be taken by unanimity of the votes cast with regard to applications to accede to the Organisation as referred to in article 39, any amendments made to annex II, except in the case referred to in article 3.2, b), and to annex IV, and the conditions governing withdrawal or accession referred to in articles 36.4, 36.5, 38.3 and 38.4.

4 - Decisions taken by the General Assembly and the Council shall be binding on the Contracting Parties and the Agency, subject to the provisions of article 9.

Article 9

1 - Where a Contracting Party notifies the General Assembly or the Council that overriding national considerations pertaining to national defence and security interests prevent it from acting on a decision adopted by a majority of the votes cast as provided for in article 8.1 above, it may derogate from that decision subject to communication to the General Assembly or the Council of an explanation of the reasons and a statement as to whether:

2 - a) In the event of the application of the circumstances of subparagraph 1, a), above, the Director General shall provide the General Assembly or the Council with reports at least annually to show progress being made towards a situation in which no Contracting Party derogates.

3 - In the event of a state of war or conflict, the provisions of this Convention shall not affect the freedom of action of any of the Contracting Parties affected. The same principle shall apply in the event of a state of crisis or national emergency. In particular, each Contracting Party may temporarily resume responsibility for all or part of the air traffic services in the airspace under its control on the grounds of overriding national considerations, especially in the area of defence. The European air traffic management system architecture should allow the effective resumption of such services in accordance with the Contracting Parties requirements.

Article 10

1 - The annual contribution of each Contracting Party to the budget shall be determined, for each financial year, in accordance with the following formula:

2 - The Gross National Product to be used for the calculations shall be obtained from the statistics compiled by the Organisation for Economic Co-operation and Development - or failing that by any other body affording equivalent guarantees and designated under a decision of the Council - by calculating the arithmetical mean for the last three years for which those statistics are available. The value of the Gross National Product shall be that which is calculated on the basis of factor cost and current prices expressed in the appropriate European Unit of Account.

3 - The route facility cost base to be used for the calculations shall be the cost base established in respect of the last year but one preceding the financial year concerned.

Article 11

1 - The weighting referred to in article 8 shall be determined according to the following table:

Annual Contribution of a Contracting Party as a percentage of the total annual contributions of all the Contracting Parties

... Number of votes

Less than 1% ... 1

From 1% to less than 2% ... 2

From 2% to less than 3% ... 3

From 3% to less than 4 1/2% ... 4

From 4 1/2% to less than 6% ... 5

From 6% to less than 7 1/2% ... 6

From 7 1/2% to less than 9% ... 7

From 9% to less than 11% ... 8

From 11% to less than 13% ... 9

From 13% to less than 15% ... 10

From 15% to less than 18% ... 11

From 18% to less than 21% ... 12

From 21% to less than 24% ... 13

From 24% to less than 27% ... 14

From 27% to less than 30% ... 15

30% ... 16

2 - The number of votes shall be initially established with effect from the date of entry into force of the Protocol opened for signature at Brussels in 1997 by reference to the above table and in accordance with the rule in article 10 above for determining 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-established in accordance with the same procedure.

4 - The numbers of votes shall be re-established each year in accordance with the foregoing provisions.

Article 12

The General Assembly and the Council shall establish their rules of procedure, including rules governing the election of a President and Vice-President, and the rules of application of the voting procedures and the quorum.

Article 13

1 - The Organisation shall maintain with the appropriate States and other international organisations the necessary relations for the realisation of its aims.

2 - The General Assembly shall, without prejudice to the provisions of article 7.2, k), of paragraph 3 of this article and of article 15, be alone empowered to conclude on behalf of the Organisation the special agreements which are necessary for the performance of the tasks provided for in article 2.

3 - The General Assembly may, on a proposal from the Council, delegate to the latter the decision to conclude the special agreements which are necessary for the performance of the tasks provided for in article 2.

Article 14

The special agreements referred to in article 2 shall stipulate the respective tasks, rights and obligations of the Parties to the agreements, together with the financial arrangements, and shall establish the measures to be taken. Such agreements may be negotiated by the Agency in accordance with the provisions of article 7.2, k).

Article 15

Within the scope of the directives given by the Council, 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 or private, of the Contracting Parties, of non-Contracting Parties or of international organisations. For that 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 Council.

Article 16

1 - The character of public interest shall, where necessary, be recognised, in accordance with national law and with the consequences which result from the provisions of that law relating to expropriation in the public interest, as regards the acquisition of immovable property necessary for the siting of the Organisation's installations, subject to the agreement of the Government concerned. The procedure of expropriation for reasons of public interest may be set in motion by the competent authorities of the State concerned, in accordance with its national law, for the purpose of acquiring such property failing amicable agreement.

2 - In the territory of the Contracting Parties where the procedure referred to in the preceding 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 - The 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 on the rights of owners of immovable property which may exist in the public interest for the benefit of national services for the same purpose and in particular as to easements in the public interest.

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

Article 17

In the performance of the tasks provided for in article 2.2, b), the Agency shall apply the regulations in force in the territories of the Contracting Parties and in the airspace in respect of which the provision of air traffic services is entrusted to them under international agreements to which they are Parties.

Article 18

In the performance of the tasks provided for in article 2.2, b), the Agency shall, within the limits of the powers conferred on the air traffic services, give all the necessary instructions to aircraft commanders. The aircraft commanders shall be bound to comply with those instructions, except in the cases of force majeure provided for in the regulations referred to in the preceding article.

Article 19

1 - In the performance of the tasks provided for in article 2.1, e), the Organisation shall determine, in accordance with the general conditions provided for in article 7.2, d), the necessary regulatory measures, and shall communicate them to aircraft operators and to the appropriate air traffic services. The Contracting Parties shall ensure that aircraft operators, aircraft commanders and the appropriate air traffic services comply therewith, unless prevented by compelling reasons of safety.

2 - Compliance by a Contracting Party's air traffic services with the general conditions and the regulatory measures referred to in paragraph 1 above shall be the sole responsibility of the said Contracting Party.

3 - In the event of non-compliance by an aircraft operator or an aircraft commander with the general conditions or the regulatory measures referred to in paragraph 1 above, proceedings may be instituted against the offender at the Organisation's request:

4 - The Contracting Parties shall incorporate into their national legislation provisions which ensure the observance of the general conditions provided for in article 7.2, d).

Article 20

In the performance of the tasks provided for in article 2.1, e) and, where appropriate, article 2.2, b), infringements of the air navigation regulations committed in the airspace in which the Agency performs these tasks shall be recorded in reports by officers specifically authorised by the Agency for that purpose, without prejudice to the right under national law of officers of the Contracting Parties to report infringements of the same nature. The reports referred to above shall have the same effect in national courts as those drawn up by national officers qualified to report infringements of the same nature.

Article 21

1 - The circulation of publications and other information material sent by or to the Organisation in connection with its official activities shall not be restricted in any way.

2 - For its official communications and the transfer of all its documents, the Organisation shall enjoy treatment no less favourable than that accorded by each Contracting Party to comparable international organisations.

Article 22

1 - The Organisation shall be exonerated in the territories of the Contracting Parties from all duties, taxes and charges in respect of its creation, dissolution or liquidation.

2 - It shall be exonerated from any duties, taxes and charges entailed by the acquisition of the immovable property required for the accomplishment of its task.

3 - It shall be exonerated from all direct taxes applicable to it, as well as its property, assets and income.

4 - It shall be exonerated from any indirect fiscal charges consequential on the issue of loans and incident upon the Organisation.

5 - It shall be exonerated from any taxation of an exceptional or discriminating nature.

6 - The exonerations provided for in this article shall not apply to taxes and charges collected as payment for general utilities.

Article 23

1 - The Organisation shall be exonerated from all customs duties and taxes or charges of equivalent effect, other than charges in respect of services rendered, and shall be exempt from any import or export prohibition or restriction in respect of materials, equipment, supplies and other articles imported for the official use of the Organisation and destined for the buildings and installations of the Organisation or for its functioning.

2 - The goods so imported may not be sold, loaned or transferred, either without payment or against payment, in the territory of the Contracting Party into which they have been introduced, except under the conditions fixed by the Government of the Contracting Party concerned.

3 - Any control measures deemed to be expedient may be taken to ensure that the materials, equipment, supplies and other articles referred to in paragraph 1 and imported for consignment to the Organisation have been effectively delivered to that Organisation and are effectively used for its official buildings and installations or for its functioning.

4 - The Organisation shall be exonerated from all customs duties and exempt from any import or export prohibition or restriction in respect of the publications falling within the scope of article 13 of the Statute annexed hereto.

Article 24

1 - The Organisation may hold any currency and have accounts in any currency in so far as is necessary for the execution of the transactions required for its purpose.

2 - The Contracting Parties undertake to give the Organisation the necessary authorisations for all the transfers of funds, in accordance with the conditions prescribed under national regulations and international agreements as applicable, entailed by the establishment and activity of the Organisation, including the issue and service of loans when the issue of those loans has been authorised by the Government of the Contracting Party concerned.

Article 25

1 - The Agency may call upon the services of qualified persons who are nationals of the Contracting Parties.

2 - The staff of the Organisation and members of their families forming part of their households shall enjoy the exemption from measures restricting immigration and governing aliens' registration generally accorded to staff members of comparable international organisations.

3 - a) The Contracting Parties, in time of international crisis, shall accord to the staff of the Organisation, and the members of their families forming part of their households, the same repatriation facilities as the staff of other international organisations.

4 - No exception may be made to the provisions of paragraphs 1 and 2 of this article except for reasons of public policy, public safety or public health.

5 - The staff of the Organisation:

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 facilities granted to the staff of the Organisation, the Director General of the Agency shall enjoy immunity from jurisdiction in respect of acts, including words spoken and written, done by him/her in the exercise of his/her functions; this immunity shall not apply in the case of a motor traffic offence or in the case of damage caused by a motor vehicle belonging to or driven by him/her.

8 - The Governments concerned shall take all the necessary measures to ensure the unrestricted transfer of net salaries.

Article 26

Representatives of the Contracting Parties shall, while exercising their functions and in the course of their journeys to and from the place of meeting, enjoy inviolability for all their official papers and documents.

Article 27

By reason of its own social security scheme, the Organisation, the Director General and personnel of the Organisation shall be exempt from all compulsory contributions to national social security bodies, without prejudice to arrangements between the Organisation and Contracting Parties existing at the entry into force of the Protocol opened for signature at Brussels in 1997.

Article 28

1 - The contractual liability of the Organisation shall be governed by the law applicable to the contract concerned.

2 - With regard to non-contractual liability, the Organisation shall make reparation for damage caused by the negligence of its organs, or of its servants in the scope of their employment, in so far as that damage can be attributed to them. The foregoing provision shall not preclude the right to other compensation under the national law of the Contracting Parties.

Article 29

1 - a) The installations of the Organisation shall be inviolable. The property and assets of the Organisation shall be exempt from any measure of requisition, expropriation or confiscation.

2 - The property and assets of the Organisation may not be seized, nor may execution be levied upon them, except by a judicial decision. Such judicial decision shall not be made unless the Organisation has been given reasonable notice of the proceedings in question and has had an adequate opportunity to oppose the making of the decision. The installations of the Organisation shall not, however, be seized nor shall execution be levied upon them.

3 - Nevertheless, in order to enable judicial inquiries to be carried out and to ensure the execution of judicial decisions in their respective territories, the competent authorities of the State 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 Director General of the Agency, have access to such installations and archives.

Article 30

1 - The Organisation shall collaborate at all times with the competent authorities of the Contracting Parties in order to facilitate the good administration of justice, to ensure the observance of police regulations and to prevent any abuse to which the privileges, immunities, exemptions or facilities specified in this 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 property allocated for its use in the territories of the Contracting Parties.

Article 31

In the performance of the tasks provided for in article 2.1, e) and, where appropriate, article 2.2, b), international agreements and national regulations relating to the admission to flight over and security of the territory of the Contracting Parties concerned shall be binding on the Agency, which shall take all necessary measures to ensure the application of such agreements and regulations.

Article 32

In the performance of the tasks provided for in article 2.1, e) and, where appropriate, article 2.2, b), the Agency shall give to those Contracting Parties which so request all necessary information relating to the aircraft of which it has cognisance in the exercise of its functions related to the airspace of the Contracting Party concerned, in order that the Contracting Parties concerned may be able to verify that international agreements and national regulations are being applied.

Article 33

The Contracting Parties recognise that it is necessary for the Agency to achieve financial equilibrium and undertake to make available to it the appropriate financial resources, within the limits and conditions defined in the present Convention and the Statute of the Agency at annex I.

Article 34

1 - Any dispute arising between two or more Contracting Parties or between one or more Contracting Parties and the Organisation relating to the interpretation, application or performance of this Convention, including its existence, validity or termination, which cannot be settled within a period of six months by direct negotiation or by any other means, shall be referred to arbitration of the Permanent Court of Arbitration in The Hague in accordance with the Optional Rules for Arbitration of the said Court.

2 - The number of arbitrators shall be three.

3 - The place of arbitration shall be The Hague. The International Bureau of the Permanent Court of Arbitration shall serve as Registrar, and shall provide such administrative services as the Permanent Court of Arbitration shall direct.

4 - The decisions of the Permanent Court of Arbitration shall be binding on the Parties to the dispute.

Article 35

1 - Without prejudice to the application of the provisions of annex IV for the enforced recovery of route charges, the courts of the Contracting Parties shall have sole jurisdiction to hear disputes arising between the Organisation, represented by the Director General, and any natural person or corporate body, in connection with the application of acts of the Organisation.

2 - Without prejudice to the application of the provisions of annex IV for the enforced recovery of route charges, proceedings shall be instituted in the Contracting Party:

Article 36

1 - The amendments made in conformity with the conditions prescribed in this Convention, to the Statute of the Agency set out in annex I, and to articles 16 et seq. of the provisions relating to the common route charges system set out in annex IV, shall be valid and have effect in the territory of the Contracting Parties.

2 - The tax provisions set out in annex III and articles 1 to 15 of the provisions relating to the common route charges system set out in annex IV shall not be subject to amendment by the General Assembly.

3 - Each Contracting Party shall be bound by annex IV for a period of five years from the date on which this Convention enters into force. The five-year period shall be extended automatically for further five-year periods. A Contracting Party which has notified the General Assembly in writing, not less than two years before the expiry of the five-year period, that it does not consent to the extension of the period, shall cease to be bound by annex IV at the expiry of this five-year period.

4 - The rights and obligations of the withdrawing Contracting Party may be determined if necessary in a special agreement concluded between it and the Organisation.

This agreement will require to be approved by unanimity of the votes cast by the General Assembly, with the withdrawing Contracting Party taking no part in the vote.

5 - The Contracting Party which is no longer bound by annex IV may at any time request the General Assembly in writing to be bound once more by annex IV. The Contracting Party in question shall again be bound by annex IV six months after the day on which the General Assembly accepts the said request by unanimity of the votes cast by the Contracting Parties participating in the common system. The Contracting Party concerned shall be bound by annex IV for a period of five years from the day on which it became bound. This period shall be extended automatically subject to the same conditions as those set out in paragraph 3 above.

Article 37

The Contracting Parties undertake to ensure to the Agency the application of current statutory provisions designed to safeguard the continuity of those general utilities required for the proper running of operational services.

Article 38

1 - The Convention, as amended by the Protocol of 12 February 1981 and subsequently by the Protocol opened for signature at Brussels in 1997, shall be extended for an indefinite period.

2 - Once the Convention as thus extended has been in force for twenty years, any Contracting Party may terminate application, as far as it is concerned, of the Convention by giving written notification to the Government of the Kingdom of Belgium, which shall inform the Governments of the other Contracting States of such notification.

The decision to withdraw shall take effect at the end of the year following the year in which notification of withdrawal is given, provided that the special agreement provided for in paragraph 3 below has been concluded by that date. Failing this, the decision to withdraw shall take effect on the date laid down in the said special agreement.

3 - The rights and obligations, in particular of a financial nature, of the withdrawing Contracting Party shall be determined in a special agreement concluded between it and the Organisation.

This agreement shall require to be approved by unanimity of the votes cast by the General Assembly with the withdrawing Contracting Party taking no part in the vote.

4 - The Organisation may be dissolved if the number of Contracting Parties is reduced to less than 50% of the Parties signatories to the aforesaid 1997 Protocol, subject to a decision of the General Assembly carried by unanimity of the votes cast.

5 - If, in application of the above, the Organisation is dissolved, its legal personality and capacity, within the meaning of article 4, shall continue to exist for the purposes of winding up the Organisation.

Article 39

1 - The accession to the Convention, as amended by the Protocol of 12 February 1981 and by the Protocol opened for signature at Brussels in 1997, of any State not signatory to the latter Protocol shall be subject to the agreement of the General Assembly expressed by unanimity of the votes cast.

2 - The President of the General Assembly shall notify the non-signatory State of the decision to accept the accession.

3 - The instrument of accession shall be deposited with the Government of the Kingdom of Belgium which shall notify the Governments of the other signatory and acceding States.

4 - Accession shall take effect from the first day of the second month following the deposit of the instrument of accession.

Article 40

1 - The accession to the Convention, as amended by the Protocol of 12 February 1881 and by the Protocol opened for signature at Brussels in 1997, shall be open to regional economic integration organisations on terms and conditions to be agreed between the Contracting Parties and those organisations, of which one or more signatory States are members, these terms and conditions to be contained in an additional Protocol to the Convention.

2 - The instrument of accession shall be deposited with the Government of the Kingdom of Belgium which shall notify the other Parties.

3 - Accession of a regional economic integration organisation shall take effect from the first day of the second month following the deposit of the instrument of accession, provided that the additional Protocol referred to in paragraph 1 above has entered into force.

The present consolidated text of the enacting terms of the Convention and its annexes are drawn up in the German, English, Bulgarian, Croatian, Danish, Spanish, French, Greek, Hungarian, Italian, Dutch, Norwegian, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Turkish languages. In accordance with the final provision of the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, the final provision of the Protocol of 12 February 1981 amending the aforesaid Convention as well as the final provision of the Protocol opened for signature at Brussels in 1997 consolidating the aforesaid Convention, as variously amended, the text in the French language shall prevail, in the event of any inconsistency between the texts.

ANNEX I

Statute of the Agency

Article 1

1 - The Agency shall be the organ responsible for achieving the objectives and performing the tasks laid down in the Convention or set by the General Assembly or by the Council and their subsidiary bodies. It shall initiate and submit proposals to the relevant bodies related to the exercise of the various functions and the performance of the various tasks of these bodies as well as to other tasks delegated to the Organisation. It shall also provide support to the General Assembly and the Council and their subsidiary bodies in the execution of their supervisory functions.

2 - In the performance of its tasks, the Agency may be assisted, where necessary, by civil and military experts appointed by States or by the service providers' organisations concerned.

3 - The Agency shall act as the focal point for intergovernmental co-operation and coordination in the field of air navigation. It shall submit proposals and provide the necessary support with a view to convergence towards, and implementation of, a uniform European air traffic management system.

4 - In particular, it shall provide regulatory, information, support and advisory services to the Contracting Parties, and, on the basis of agreements pursuant to article 2 of the Convention, to recognised international organisations and to non-Contracting States.

5 - In particular, the Agency shall:

6 - When the Agency provides air navigation services, its aim shall be:

7 - The Agency shall work in close collaboration with the users' organisations in order to meet as efficiently and economically as possible the requirements of civil aviation. It shall work in close collaboration with the military authorities to meet, under the same conditions, the special requirements of military aviation.

8 - For the accomplishment of its task, the Agency may, among other things, construct and operate the buildings and installations it requires. However, it shall call upon national technical services and make use of existing national installations whenever this is technically and economically justified, in order to avoid any duplication.

Article 2

1 - Subject to the powers conferred upon the General Assembly and the Council, the Agency shall be managed by a Director General who shall enjoy wide management independence with regard to the implementation, utilisation and efficient operation of the technical, financial and personnel resources placed at his disposal. To this end, he/she shall take the measures which he/she deems necessary in order to fulfil his/her obligations.

2 - Nevertheless, the Director General shall, with a view to submission for approval by the Council in accordance with the provisions of the Convention:

3 - Furthermore, the Director General shall:

Article 3

The Director General shall draw up, and submit for the Council's approval, the Contract Regulations relating to:

Article 4

The Director General shall draw up, and submit for the Council's approval, the Financial Regulations, which shall determine, in particular, the conditions governing payment of national contributions, as well as the terms on which loans may be raised by the Agency, and will ensure proper financial management, including internal audit.

Article 5

1 - Without prejudice to the right of the Contracting Parties to submit proposals, the Director General shall draw up and submit for the Council's approval the Agency's Staff Regulations:

2 - The Administrative Tribunal of the International Labour Organisation shall have sole jurisdiction in disputes between the Organisation and the personnel of the Agency, to the exclusion of the jurisdiction of all other courts and tribunals, national or international.

Article 6

1 - The Director General shall be appointed for a term of office of five years by the General Assembly by a majority of the votes cast, on condition that the said majority attains three-quarters of the weighted votes cast according to the weighting provided for in article 11 of the Convention and at least three-quarters of the Contracting Parties casting a vote. His/her term of office may be renewed once in the same manner. The Statute of the Director General shall be approved by the Council.

2 - The Director General shall represent the Organisation in legal proceedings and for all civil purposes.

3 - Furthermore, in conformity with the policies adopted by the General Assembly and the Council, the Director General:

4 - The Director General may discharge the aforesaid functions without prior reference to the Council, but he/she shall keep the Council informed of all measures taken in the exercise of the aforesaid powers.

5 - The Council shall determine the conditions under which a substitute for the Director General may be appointed should he/she be unable to perform his/her duties.

Article 7

1 - The budget shall be balanced as between receipts and expenditure.

Estimates of all receipts and expenditure of the Agency shall be prepared for each financial year.

2 - The financial year shall begin on 1 January and end on 31 December.

3 - The draft budget and draft five-year financial plan shall be submitted by the Director General for the approval of the Council not later than 31 October of the preceding year.

Article 8

1 - The Organisation may borrow on the international financial markets in order to obtain the necessary resources for the accomplishment of its tasks.

2 - The Organisation may issue loans on the financial markets of a Contracting Party in accordance with national law relating to internal loans, or, in the absence of such law, with the agreement of the Contracting Party.

3 - The Financial Regulations shall determine the procedures by which the Organisation raises and repays loans.

4 - Each budget and each five-year financial plan shall specify the maximum amount which the Organisation may borrow during the years covered by that budget and the five-year financial plan.

5 - In matters falling within the scope of this article, the Organisation shall act in agreement with the competent authorities of the Contracting Parties or with their banks of issue.

Article 9

The budget and the five-year financial plan may be revised during the financial year, if circumstances so require, in accordance with the requirements prescribed for their preparation and approval.

Article 10

1 - The accounts of all the Agency budgetary receipts and expenditure, and the Agency's financial management, shall be audited annually by an Audit Board.

2 - The Audit Board shall be assisted in its work by external consultant auditors. The outside firm of consultant auditors shall be appointed by the Council for a three-year term in accordance with article 7.2, f), of the Convention.

3 - The purpose of the audit carried out by the Audit Board, with the assistance of external consultant auditors, shall be to establish the regular nature of receipts and expenditure and to ensure sound financial management. The Audit Board shall submit to the Council at the close of each financial year a report incorporating the Agency's comments. The Council may direct the Agency to take any appropriate measures recommended in the audit report, in pursuance of article 7.2, a), of the Convention.

4 - The Audit Board shall ensure that an appropriate internal control mechanism is put in place within the Agency, which is in line with sound corporate practice and management.

5 - The Audit Board may review other financial issues relating to the Agency in line with its Terms of Reference.

Article 11

1 - Administrative or technical inspections of the services of the Agency may be carried out, if so required by the Council, acting either on its own initiative or at the request of the Director General.

2 - Such inspections shall be made by officers of the administrations of the Contracting Parties, with external assistance if required. Each inspection committee shall consist of at least two persons of different nationalities and should include as far as possible a person who has taken part in a previous inspection.

Article 12

The Council shall determine the working languages of the Agency.

Article 13

The Agency shall issue the publications necessary for its operation.

Article 14

All draft amendments of the Statute shall be submitted for the approval of the General Assembly pursuant to the provisions of article 6.1, d), of the Convention.

ANNEX II

Flight Information Regions

Federal Republic of Germany:

Berlin Upper Flight Information Region;

Hannover Upper Flight Information Region;

Rhein Upper Flight Information Region;

Bremen Flight Information Region;

Düsseldorf Flight Information Region;

Frankfurt Flight Information Region;

München Flight Information Region;

Berlin Flight Information Region.

Republic of Austria:

Wien Flight Information Region.

Kingdom of Belgium - Grand Duchy of Luxembourg:

Bruxelles Upper Flight Information Region;

Bruxelles Flight Information Region.

Republic of Bulgaria:

Sofia Flight Information Region;

Varna Flight Information Region.

Republic of Cyprus:

Nicosia Flight Information Region.

Republic of Croatia:

Zagreb Flight Information Region.

Kingdom of Denmark:

([ver documento original](https://files.diariodarepublica.pt/1s/2001/05/103a00/24742567.pdf))

Kingdom of Spain:

Madrid Upper Flight Information Region;

Madrid Flight Information Region;

Barcelona Upper Flight Information Region;

Barcelona Flight Information Region;

Islas Canarias Upper Flight Information Region;

Islas Canarias Flight Information Region.

French Republic - Principality of Monaco (*):

France Upper Flight Information Region;

Paris Flight Information Region;

Brest Flight Information Region;

Bordeaux Flight Information Region;

Marseille Flight Information Region (*);

Reims Flight Information Region.

United Kingdom of Great Britain and Northern Ireland:

Scottish Upper Flight Information Region;

Scottish Flight Information Region;

London Upper Flight Information Region;

London Flight Information Region.

Hellenic Republic:

Athinai Upper Flight Information Region;

Athinai Flight Information Region.

Republic of Hungary:

Budapest Flight Information Region.

Ireland:

Shannon Upper Flight Information Region;

Shannon Flight Information Region;

Shannon Oceanic Transition Area enclosed by the following co-ordinates: 51º North 15º West, 51º North 8º West, 48º 30' North 8º West, 49º North 15º West, 51º North 15º West at and above FL55.

Italian Republic:

Milano Upper Flight Information Region;

Roma Upper Flight Information Region;

Brindisi Upper Flight Information Region;

Milano Flight Information Region;

Roma Flight Information Region;

Brindisi Flight Information Region.

Republic of Malta:

Malta Flight Information Region.

Kingdom of Norway:

Oslo Upper Flight Information Region;

Stavanger Upper Flight Information Region;

Trondheim Upper Flight Information Region;

([ver documento original](https://files.diariodarepublica.pt/1s/2001/05/103a00/24742567.pdf))

Oslo Flight Information Region;

Stavanger Flight Information Region;

Trondheim Flight Information Region;

([ver documento original](https://files.diariodarepublica.pt/1s/2001/05/103a00/24742567.pdf))

Kingdom of the Netherlands:

Amsterdam Flight Information Region.

Portuguese Republic:

Lisboa Upper Flight Information Region;

Lisboa Flight Information Region;

Santa Maria Flight Information Region.

Romania:

Bucuresti Flight Information Region.

Slovak Republic:

Bratislava Flight Information Region.

Republic of Slovenia:

Ljubljana Flight Information Region.

Kingdom of Sweden:

Malmö Upper Flight Information Region;

Stockholm Upper Flight Information Region;

Sundsvall Upper Flight Information Region;

Malmö Flight Information Region;

Stockholm Flight Information Region;

Sundsvall Flight Information Region.

Swiss Confederation:

Switzerland Upper Flight Information Region;

Switzerland Flight Information Region.

Czech Republic:

Praha Flight Information Region.

Republic of Turkey:

Ankara Flight Information Region;

Istanbul Flight Information Region.

ANNEX III

Tax Provisions

Article 1

1 - Without prejudice to the exonerations provided for in articles 22 and 23 of the Convention, when the Organisation in the exercise of its official activities makes substantial acquisitions of property or employs services of substantial value in respect of which indirect duties, taxes or charges (including such duties, taxes or charges levied on importation other than those referred to in article 23.1 of the Convention) have been paid or are payable, the Governments of the Member States shall, whenever possible, take appropriate action to offset the effect on the Organisation of such duties, taxes or charges by means of an adjustment of the financial contributions to the Organisation or by means of remission or of reimbursement to the Organisation of the amount of the duties, taxes or charges.

2 - With regard to payments by the Organisation to Member States in respect of capital investments made by those States, in so far as the cost thereof is to be refunded by the Organisation, the said States shall ensure that their statements of the amounts in question submitted to the Organisation do not include duties, taxes or charges from which the Organisation would have been exempt or which would be refunded to it or which would be the subject of an adjustment of the financial contributions to the Organisation if the Organisation had made those investments itself.

3 - The provisions of this article shall not apply in respect of duties, taxes or charges collected as payment for public utility services.

Article 2

Property acquired by the Organisation to which article 1.1 applies may not be sold or otherwise disposed of except in accordance with conditions laid down by the Governments of the States concerned.

Article 3

1 - The Director General of the Agency and the Staff members of the Organisation shall be subject to a tax for the benefit of the Organisation on salaries and emoluments paid by the Organisation in accordance with the rules and conditions determined by the General Assembly. Such salaries and emoluments shall be exempt from national income tax.

The Member States may, however, take into account salaries and emoluments exempted from national income tax when assessing the amount of the tax payable on other income of those in receipt of the said salaries and emoluments.

2 - Paragraph 1 shall not apply to pensions and annuities paid by the Organisation.

3 - The names, titles, addresses as well as remunerations and where appropriate pensions of employees and former employees to whom the provisions of paragraphs 1 and 2 of the present article are applicable shall be communicated periodically to the Member States.

Article 4

For the purpose of this annex, the Organisation shall act in concert with the relevant authorities of the Member States concerned.

Article 5

1 - This annex shall replace the Additional Protocol to the Convention signed at Brussels on 6 July 1970, as amended by the Protocol signed at Brussels on 21 November 1978, both in turn amended by article XXXVIII of the Protocol signed at Brussels on 12 February 1981 amending the Convention.

2 - Notwithstanding the provisions of paragraph 1 above, obligations under article 3 of the Additional Protocol of 6 July 1970 shall remain binding until the relevant claims and commitments have been fully discharged.

ANNEX IV

Provisions relating to the Common Route Charges System

Article 1

The Contracting Parties agree to continue to administer a joint system for the establishment, billing and collection of route charges as a single charge per flight and to use for this purpose the services of EUROCONTROL.

Article 2

The Organisation shall establish, bill and collect the route charges levied on users of en route air navigation services on a proposal from the Contracting Parties participating in the Common Route Charges System.

Article 3

In matters relating to route charges, the Council shall be the body responsible for determining the arrangements for giving effect to the General Assembly's decisions in route charge matters and supervising the Agency's tasks in this field.

The Council shall inter alia:

Article 4

The route charges indicated on the bill issued by the Organisation shall constitute a single charge due in respect of each flight, which shall constitute a single claim by EUROCONTROL, payable at its Headquarters.

Article 5

1 - The charge shall be payable by the person who was the operator of the aircraft at the time when the flight was performed. The charge shall attach as a lien to the aircraft which incurred the charge, irrespective of in whose hands it may be, if the law of the Contracting Party concerned so permits.

2 - Where an ICAO designator or any other recognised designator is used in identification of the flight, EUROCONTROL may deem the operator to be the aircraft operating agency to whom the ICAO designator was allocated or was in the process of allocation at the time of the flight or identified in the filed flight plan or identified by use of that ICAO or other recognised designator in communication with air traffic control or by any other means.

3 - If the identity of the operator is not known, the owner of the aircraft shall be regarded as the operator unless he/she proves which other person was the operator.

4 - The operator and the owner of the aircraft shall be jointly and severally liable to pay the charge, if the law of the Contracting Party concerned so permits.

Article 6

1 - Where the amount due has not been paid, measures may be taken to enforce recovery, including detention and sale of aircraft, if the law of the Contracting Party where the aircraft has landed so permits.

2 - Measures may also include, at EUROCONTROL's request, the review by a Contracting Party or any competent body of the administrative authorisation connected with air transport or air traffic management issued to a person liable to pay the charge, if the relevant legislation so provides.

Article 7

1 - Proceedings for recovery of the amount due shall be instituted either by EUROCONTROL or, at EUROCONTROL's request, by a Contracting Party, or by any body authorised for that purpose by a Contracting Party.

2 - Recovery shall be effected by judicial or administrative procedure.

3 - Each Contracting Party shall inform EUROCONTROL of the procedures applied in that State and of the competent courts, tribunals or administrative authorities.

Article 8

Recovery proceedings shall be instituted in the territory of the Contracting Party:

Article 9

1 - The provisions of articles 5, 6, 7 and 8 shall not prevent any Contracting Party, or any body authorised by a Contracting Party, acting at the request of EUROCONTROL, from proceeding with the recovery of the amount due by the detention and sale of aircraft in accordance with the administrative or judicial procedure of the relevant Contracting Party.

2 - The power so to detain and sell shall extend to the equipment, spare parts, fuel, stores and documents of the aircraft detained or sold.

3 - The validity and effect of detention and sale shall be determined by the law of the Contracting Party where the detention has been effected.

Article 10

EUROCONTROL shall have the capacity to institute proceedings before the competent courts, tribunals and administrative authorities of States not parties to the Convention.

Article 11

The following decisions taken in a Contracting Party shall be recognised and enforced in the other Contracting Parties:

Article 12

The decisions referred to in article 11 shall not be recognised or enforced in the following cases:

Article 13

The decisions referred to in article 11, if enforceable in the Contracting Party of origin, shall be enforced in accordance with the law of the Contracting Party addressed. If necessary, an order of enforcement shall on request be issued by a court, tribunal or an administrative authority of the Contracting Party addressed.

Article 14

1 - The request shall be accompanied by:

2 - A duly certified translation of the documents shall be supplied if the court, tribunal or administrative authority of the Contracting Party addressed so requires. No legalisation or similar formality shall be required.

Article 15

1 - The request can be rejected only for one of the reasons set forth in article 12. In no case may the decision be reviewed on its merits in the Contracting Party addressed.

2 - The procedure for the recognition and enforcement of the decision shall be governed by the law of the Contracting Party addressed insofar as the Convention does not otherwise provide.

Article 16

The amount collected by EUROCONTROL shall be paid to the Contracting Parties in accordance with the decisions of the Council.

Article 17

Where the claim is recovered by a Contracting Party, the amount collected shall be paid without delay to EUROCONTROL, which shall proceed in accordance with article 16. The recovery costs incurred by that Contracting Party shall be charged to EUROCONTROL.

Article 18

The competent authorities of the Contracting Parties shall co-operate with EUROCONTROL in the establishment and collection of route charges.

Article 19

If the Council decides unanimously to abandon recovery of a charge, the Contracting Parties concerned may take whatever action they deem fit. In such a case, the provisions of the Convention relating to recovery and to recognition and enforcement of decisions shall cease to apply.

Additional Protocol concerning the replacement of the Multilateral Agreement relating to Route Charges of 12 February 1981 by the relevant provisions of the consolidated text of the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation as amended at Brussels in 1997, including its annex IV.

The Federal Republic of Germany, the Republic of Austria, the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Cyprus, the Republic of Croatia, the Kingdom of Denmark, the Kingdom of Spain, the French Republic, the United Kingdom of Great Britain and Northern Ireland, the Hellenic Republic, the Republic of Hungary, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Republic of Malta, the Principality of Monaco, the Kingdom of Norway, the Kingdom of the Netherlands, the Portuguese Republic, Romania, the Slovak Republic, the Republic of Slovenia, the Kingdom of Sweden, the Swiss Confederation, the Czech Republic and the Republic of Turkey, hereinafter called «the National Contracting Parties», and the European Organisation for the Safety of Air Navigation, hereinafter called «EUROCONTROL»:

Having regard to the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation amended in Brussels in 1981, and in particular its articles 6.3, 7.2, 11 and 12;

Having regard to Measure no. 85/43 taken by the Permanent Commission of EUROCONTROL regarding the conclusion of the present Additional Protocol;

Whereas the National Contracting Parties are this day signing a Protocol consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as variously amended (hereinafter called «the Protocol»);

Whereas EUROCONTROL is, with the National Contracting Parties, party to the Multilateral Agreement relating to Route Charges of 12 February 1981 (hereinafter called «the Multilateral Agreement»);

Whereas, however, the Protocol is open for signature only by the National Contracting Parties and by any other State invited to the Diplomatic Conference at which it was adopted and any other State authorised to sign it by the Permanent Commission of EUROCONTROL;

Whereas pursuant to article IV of the Protocol, once the latter enters into force the Multilateral Agreement shall be terminated and replaced by the relevant provisions of the consolidated text of the Convention annexed to the Protocol, including its annex IV;

Whereas such a substitution is possible only with the consent of all the Parties:

Have agreed as follows:

Article 1

With effect from the entry into force of the Protocol of 27 June 1997 consolidating the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960, as variously amended, the Multilateral Agreement relating to Route Charges of 12 February 1981 shall be terminated.

Article 2

The Government of the Kingdom of Belgium shall have the present Additional Protocol registered with the Secretary-General of the United Nations as provided for in article 102 of the Charter of the United Nations and with the Council of the International Civil Aviation Organisation as provided for in article 83 of the Convention on International Civil Aviation signed in Chicago on 7 December 1944.

In witness whereof the undersigned Plenipotentiaries, having presented their Full Powers, found in good and due form, have signed the present Additional Protocol.

Done in Brussels, this 27th day of June 1997, in the German, English, Bulgarian, Croatian, Danish, Spanish, French, Greek, Hungarian, Italian, Dutch, Norwegian, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Turkish languages, in a single original, which shall be deposited in the archives of the Government of the Kingdom of Belgium, which shall transmit certified copies to the signatories. In the event of any inconsistency, the text in the French language shall prevail.

For the Federal Republic of Germany:

For the Republic of Austria:

For the Kingdom of Belgium:

For the Republic of Bulgaria:

For the Republic of Cyprus:

For the Republic of Croatia:

For the Kingdom of Denmark:

For the Kingdom of Spain:

For the French Republic:

For the United Kingdom of Great Britain and Northern Ireland:

For the Hellenic Republic:

For the Republic of Hungary:

For Ireland:

For the Italian Republic:

For the Grand Duchy of Luxembourg:

For the Republic of Malta:

For the Principality of Monaco:

For the Kingdom of Norway:

For the Kingdom of the Netherlands:

For the Portuguese Republic:

For Romania:

For the Slovak Republic:

For the Republic of Slovenia:

For the Kingdom of Sweden:

For the Swiss Confederation:

For the Czech Republic:

For the Republic of Turkey:

For EUROCONTROL:

Acta Final da Conferência Diplomática sobre o Protocolo que consolida a Convenção Internacional de Cooperação para a Segurança da Navegação Aérea «EUROCONTROL» de 13 de Dezembro de 1960, na sequência das diversas modificações introduzidas (Bruxelas, 27 de Junho de 1997).

Os Plenipotenciários:

Da República Federal da Alemanha;

Da República da Áustria;

Do Reino da Bélgica;

Da República da Bulgária;

Da República de Chipre;

Da República da Croácia;

Do Reino da Dinamarca;

Do Reino de Espanha;

Da República Francesa;

Do Reino Unido da Grã-Bretanha e da Irlanda do Norte;

Da República Helénica;

Da República da Hungria;

Da Irlanda;

Da República Italiana;

Do Grão-Ducado do Luxemburgo;

Da República de Malta;

Do Principado do Mónaco;

Do Reino da Noruega;

Do Reino dos Países Baixos;

Da República Portuguesa;

Da Roménia;

Da República Eslovaca;

Da República da Eslovénia;

Do Reino da Suécia;

Da Confederação Suíça;

Da República Checa;

Da República da Turquia;

reunidos em Bruxelas em 27 de Junho de 1997:

Decidiram introduzir na Convenção Internacional de Cooperação para a Segurança da Navegação Aérea «EUROCONTROL», emendada em Bruxelas em 1981, as modificações que figuram no anexo 1 à presente Acta Final;

Adoptaram o Protocolo que consolida a Convenção Internacional de Cooperação para a Segurança da Navegação Aérea «EUROCONTROL», que foi aberto para assinatura em 27 de Junho de 1997 e que figura no anexo 2 à presente Acta Final;

Tomaram nota da seguinte declaração do Reino dos Países Baixos, feita em nome dos Estados membros da Comunidade Europeia que são membros do EUROCONTROL:

«Os Estados membros da Comunidade Europeia que são membros do EUROCONTROL declaram que a assinatura do Protocolo que consolida a Convenção Internacional de Cooperação para a Segurança da Navegação Aérea 'EUROCONTROL', aberto para assinatura em 27 de Junho de 1997 e que figura no anexo 2 à presente Acta Final, não prejudica a competência exclusiva da Comunidade em certos domínios abrangidos pela referida Convenção nem a adesão da Comunidade ao EUROCONTROL a fim de exercer tal competência exclusiva.»;

Tomaram nota da seguinte declaração do Reino da Bélgica:

«O Reino da Bélgica, embora assinando o presente texto sem emitir nenhuma reserva formal, declara atribuir uma importância particular à organização do espaço aéreo de forma a garantir o acesso não discriminatório aos seus aeroportos, e à promoção do diálogo entre os parceiros sociais.»;

Tomaram nota da seguinte declaração da República Helénica:

«A República Helénica assina a Acta Final da Conferência Diplomática sobre o Protocolo que consolida a Convenção Internacional de Cooperação para a Segurança da Navegação Aérea 'EUROCONTROL' de 13 de Dezembro de 1960, ficando entendido que a implementação e a aplicação das disposições do referido Protocolo devem respeitar o quadro jurídico e os procedimentos da OACI.»;

Tomaram nota da seguinte declaração da República Federal da Alemanha:

«A República Federal da Alemanha considera que é fundamental que o futuro Regulamento relativo à protecção dos dados elaborado pela Organização EUROCONTROL corresponda, pelo menos, à norma estabelecida pela União Europeia na sua Directiva sobre a protecção dos dados.

Convém igualmente garantir que os dados pessoais transmitidos pela Organização a uma Parte Contratante beneficiem, por parte desta, de uma garantia de protecção idêntica à que é prevista no Regulamento acima referido.»;

Adoptaram as resoluções seguintes:

I - Resolução que convida os Estados membros a ratificar o Protocolo em tempo oportuno

A Conferência:

Reunida em Bruxelas em 27 de Junho de 1997 com o objectivo de adoptar o Protocolo que consolida a Convenção Internacional de Cooperação para a Segurança da Navegação Aérea «EUROCONTROL»;

Tendo adoptado o referido Protocolo por unanimidade;

Considerando que é altamente desejável que o referido Protocolo entre em vigor o mais depressa possível:

Solicita a todas as Partes Contratantes que ratifiquem, aceitem ou aprovem, o mais rapidamente possível, o Protocolo que consolida a Convenção Internacional de Cooperação para a Segurança da Navegação Aérea «EUROCONTROL».

Convida o Director-Geral do EUROCONTROL a tomar todas as disposições de ordem prática, em cooperação com as Partes Contratantes, para fornecer, se for caso disso, a assistência necessária no âmbito do processo de ratificação, de aceitação ou de aprovação do referido Protocolo.

II - Resolução relativa à implementação antecipada do Protocolo

A Conferência:

Reunida em Bruxelas em 27 de Junho de 1997 com o objectivo de adoptar o Protocolo que consolida a Convenção Internacional de Cooperação para a Segurança da Navegação Aérea «EUROCONTROL»;

Tendo adoptado o referido Protocolo por unanimidade;

Tendo tomado nota das decisões adoptadas pelos Ministros dos Transportes dos Estados membros da Conferência Europeia da Aviação Civil (CEAC), reunidos em Copenhaga no dia 14 de Fevereiro de 1997, sobre a Estratégia da CEAC;

Tendo tomado nota de que os Ministros dos Transportes da CEAC convidaram a Comissão Permanente do EUROCONTROL a prever as disposições necessárias a tomar, com vista à implementação antecipada da Convenção EUROCONTROL revista, tal como proposto na Estratégia da CEAC;

Reconhecendo a necessidade de proceder à implementação antecipada de certas disposições da Convenção revista para confiar à Organização EUROCONTROL, e mais particularmente à sua Agência, o papel e as atribuições previstas na Estratégia Institucional da CEAC;

Reiterando o seu empenhamento em instaurar, através das disposições da Convenção revista e em estreita colaboração com todas as partes interessadas, um sistema europeu de gestão do tráfego aéreo seguro e eficaz, bem como um sistema comum de taxas de rota igualmente eficaz:

Convida todas as Partes Contratantes a envidar todos os esforços necessários com vista à implementação antecipada de certas disposições da Convenção revista.

Adoptaram as declarações conjuntas seguintes:

I - Declaração conjunta sobre o projecto de Regulamento EUROCONTROL sobre a protecção dos dados

A Conferência:

Reunida em Bruxelas em 27 de Junho de 1997 com o objectivo de adoptar o Protocolo que consolida a Convenção Internacional de Cooperação para a Segurança da Navegação Aérea «EUROCONTROL»;

Tendo adoptado o referido Protocolo por unanimidade;

Tendo tomado nota do projecto de Regulamento EUROCONTROL relativo à Protecção dos Dados:

Faz a declaração conjunta seguinte:

Os Estados signatários comprometem-se a tomar todas as disposições para que o Conselho aprove, o mais rapidamente possível, um regulamento interno relativo à protecção dos dados da Organização EUROCONTROL.

II - Declaração conjunta sobre as medidas necessárias para que o Comité de Auditoria do Conselho possa exercer uma função de «transparência» e que esta função seja introduzida no contexto da implementação antecipada de certas disposições do Protocolo.

A Conferência:

Reunida em Bruxelas em 27 de Junho de 1997 com o objectivo de adoptar o Protocolo que consolida a Convenção Internacional de Cooperação para a Segurança da Navegação Aérea «EUROCONTROL»;

Tendo adoptado por unanimidade o referido Protocolo;

Tendo tomado nota das disposições do referido Protocolo que dizem respeito à criação de uma estrutura de gestão eficiente e autónoma para a Agência EUROCONTROL, de modo a garantir a instauração de um mecanismo de tomada de decisão eficaz, racional e transparente para a gestão do tráfego aéreo na Europa, em conformidade com a Estratégia Institucional da CEAC;

Tendo notado que compete à Agência EUROCONTROL atingir os objectivos e executar as tarefas enunciadas na Convenção ou decididas pelos órgãos dirigentes do EUROCONTROL;

Reconhecendo que é desejável permitir à Agência EUROCONTROL garantir um nível de transparência em matéria de gestão, por intermédio de um Comité de Auditoria dotado de um mandato apropriado:

Faz a seguinte declaração conjunta: