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2.10.2012 Official
Journal
of
the
European
Union L
266/37
COUNCIL DECISION
of 24 September 2012
on the position to be taken by the European Union within the EU-ICAO Joint Committee,
concerning the Decision on the adoption of an Annex on aviation security to the Memorandum
of Cooperation between the European Union and the International Civil Aviation Organization
providing a framework for enhanced cooperation
(2012/534/EU)
THE COUNCIL OF THE EUROPEAN UNION,
HAS ADOPTED THIS DECISION:
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 100(2) in conjunction with
Article 1
Article 218(9) thereof,
The position to be taken by the European Union within the EU-
ICAO Joint Committee, as referred to in Article 7.3(c) of the
Having regard to the proposal from the European Commission,
Memorandum of Cooperation between the European Union and
Whereas:
the International Civil Aviation Organization providing a

framework for enhanced cooperation (‘the Memorandum of
(1) Council
Decision
2012/243/EU
of
8
March
2012
on
the Cooperation’), with regard to the adoption of an Annex on
conclusion of a Memorandum of Cooperation between
aviation security to the Memorandum of Cooperation, shall be
the European Union and the International Civil Aviation
based on the draft Decision of the EU-ICAO Joint Committee,
Organization providing a framework for enhanced
attached to this Decision.
cooperation, and laying down procedural arrangements
related thereto
( 1 ) (‘Memorandum of Cooperation’),
Article 2
entered into force on 29 March 2012.
This Decision shall enter into force on the day of its adoption.
(2) Pursuant
to
Article
7.3(c)
of
the
Memorandum
of
Cooperation, the Joint Committee established by
Article 7.1 of the Memorandum of Cooperation may
adopt annexes to the Memorandum of Cooperation.
Done at Brussels, 24 September 2012.
(3)
It is appropriate to establish the position to be taken by
the European Union within the Joint Committee with
For the Council
regard to the adoption of an annex on aviation
security to be added to the Memorandum of Cooper
The President
ation,
S. ALETRARIS
( 1 ) OJ L 121, 8.5.2012, p. 16.

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L 266/38
EN
Official Journal of the European Union
2.10.2012
DRAFT
DECISION OF THE EU-ICAO JOINT COMMITTEE
of …
on the adoption of an annex on aviation security to the Memorandum of Cooperation between the
European Union and the International Civil Aviation Organization providing a framework for
enhanced cooperation
THE EU-ICAO JOINT COMMITTEE,
HAS ADOPTED THIS DECISION:
Article 1
Having regard to the Memorandum of Cooperation between the
The Annex to this Decision is hereby adopted and shall form an
European Union and the International Civil Aviation Organ
integral part of the ICAO MoC.
ization providing a framework for enhanced cooperation (the
Article 2
ICAO MoC), and in particular Article 7.3(c) thereof,
This Decision shall enter into force on the day of its adoption.
Whereas:
Done at …
It is appropriate to include an annex on Aviation Security in the
For the EU-ICAO Joint Committee
ICAO MoC,
The Chairpersons

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EN
2.10.2012 Official
Journal
of
the
European
Union L
266/39
ANNEX
‘ANNEX II — AVIATION SECURITY
1. Objectives
1.1. The Parties agree to cooperate in the field of aviation security within the framework of the Memorandum of
Cooperation (MOC) between the European Union and the International Civil Aviation Organization (ICAO) signed
in Montreal on 28 April 2011 and in Brussels on 4 May 2011.
1.2. Consistent
with
their
commitment
to
achieving
an
appropriate
and
sustainable
level
of
aviation
security
on
a
global
basis, notably through ICAO Standards and Recommended Practices (SARPs), the Parties agree to cooperate closely
in the conduct of their aviation security activities.
2. Scope
2.1. In pursuit of the objectives specified in paragraph 1, the Parties agree to cooperate by:
(a) conducting regular dialogue on aviation security matters of mutual interest;
(b) conducting a regular exchange of relevant aviation security information in accordance with applicable rules;
(c) participating in aviation security activities;
(d) analysing, as relevant, States’ compliance with ICAO Standards, adherence to Recommended Practices, and
effective implementation of an aviation security oversight system;
(e) monitoring EU States’ compliance with ICAO Standards, adherence to Recommended Practices, and effective
implementation of an aviation security oversight system;
(f) continuing cooperation in regulatory and standard-setting matters;
(g) developing and providing technical assistance;
(h) promoting regional cooperation;
(i) exchanging experts; and
(j) providing aviation security-related training.
3. Implementation
3.1. The
Parties
may
establish
working
arrangements
specifying
mutually
agreed
mechanisms
and
procedures
to
effec
tively implement cooperation in the areas referred to in Article 2.1. These working arrangements shall be adopted
by the Joint Committee.
4. Dialogue
4.1. The
Parties
shall
convene
meetings
and/or
teleconferences
on
a
regular
basis
to
discuss
aviation
security
matters
of
mutual interest and, where appropriate, coordinate activities.
5. Sharing
of
aviation
security
information,
research/studies
and
analysis
5.1. Without prejudice to their applicable rules, the Parties shall establish working arrangements specifying what
information and analyses can be shared with one another on the basis of information gathered by their respective
audit and inspection programmes, as well as the sharing mechanism to guarantee the confidentiality of information
received from the other Party in accordance with Article 6 of the MOC.
5.2. The
Parties
shall
collaborate
in
aviation
security
activities
through
the
exchange
of
relevant
and
appropriate
data,
research, studies, information and documentation, and by facilitating mutual participation in meetings.

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L 266/40
EN
Official Journal of the European Union
2.10.2012
6. Participation
in
aviation
security
activities
6.1. For the purpose of implementing this Annex, each Party shall, as appropriate, invite the other Party to participate,
in accordance with established rules or procedures, in aviation security-related activities and meetings with a view
to ensuring close cooperation and coordination. The modalities for such participation shall be established in
working arrangements agreed by the Parties.
7. Regulatory
matters
7.1. Each Party shall ensure that the other Party is kept informed of all its relevant laws, regulations, standards,
requirements and recommended practices, which may affect the implementation of this Annex, as well as any
modification thereof.
7.2. The Parties shall notify each other in a timely manner of any proposed modifications to their relevant laws,
regulations, standards, requirements and recommended practices, in so far as these modifications may have an
impact on this Annex.
7.3. With a view
to the global harmonisation
of aviation
security
regulations
and standards,
the Parties
shall
inform
each other on technical regulatory matters in the field of aviation security during the different stages of the rule-
making or SARP-development processes, and may be invited to participate in the associated technical bodies, when
appropriate.
7.4. The
Parties
shall
provide
each
other
with
timely
information
on
decisions
and
recommendations
affecting
aviation
security.
7.5. The EU shall, where appropriate, engage in dialogue with ICAO to provide technical information in instances where
issues related to compliance with ICAO Standards and adherence to ICAO Recommended Practices emerge
pursuant to the application of EU legislation.
8. Technical
assistance
8.1. The Parties shall coordinate assistance to States in an effort to ensure the effective use of resources and prevent a
duplication of effort, and shall exchange information on aviation security-related technical assistance projects and
programmes.
8.2. The Parties shall cooperate closely in assisting EU States and other States as deemed necessary in improving their
level of effective implementation of the critical elements of State security oversight systems and their level of
compliance with ICAO SARPs. Such cooperation shall include but not be limited to the exchange of information,
facilitating dialogue between the Parties concerned, and the coordination of any technical assistance activities.
9. Regional
cooperation
9.1. The Parties shall give priority to activities aimed at accelerating implementation of SARPs where the regional
approach offers opportunities for improved cost-efficiency, oversight and/or standardisation processes.
10. Expert
assistance
10.1. Without prejudice to expert assistance schemes developed outside the scope of this Annex, the Parties shall
endeavour to make experts with technical expertise in relevant fields of aviation security available to each other,
upon request, to perform tasks and participate in activities falling within the scope of this Annex. The conditions of
such expert assistance shall be specified in a working arrangement between the Parties.
11. Training
11.1. Where appropriate, each Party shall facilitate the participation of staff of the other Party in any aviation security-
related training programmes which it provides.
11.2. The Parties shall exchange information on materials relating to aviation security-related training programmes and,
where appropriate, coordinate and cooperate in the development of training programmes.
11.3. In the framework of the activities covered in point 9 of this Annex, the Parties shall cooperate in facilitating and
coordinating the participation in training programmes of trainees who come from States or regions to which
technical assistance is being provided by either Party.

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EN
2.10.2012 Official
Journal
of
the
European
Union L
266/41
12. Review
12.1. The Parties shall review the implementation of this Annex on a regular basis and, as necessary, take into account
any relevant policy or regulatory developments.
12.2. Any review of this Annex shall be conducted by the Joint Committee established pursuant to Article 7 of the MOC.
13. Entry
into
force,
amendments
and
termination
13.1. This Annex shall enter into force on the date of its adoption by the Joint Committee and shall remain in force until
terminated.
13.2. Working arrangements agreed pursuant to this Annex shall enter into force on the date of their adoption by the
Joint Committee.
13.3. Any amendments to, or termination of, working arrangements adopted pursuant to this Annex shall be agreed by
the Joint Committee.
13.4. This Annex may be terminated at any time by either Party. Such termination shall be effective 6 months following
receipt of written notification of termination by one party from the other party, unless the said notice of
termination has been withdrawn by mutual consent of the Parties before the six-month period has expired.
13.5. Notwithstanding any other provision of this Article, if the MOC is terminated, this Annex and any working
arrangement adopted pursuant to it shall terminate simultaneously.’

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