2011/209/EU: Council Decision of 28 February 2011 on the signing, on behalf of the Union, and provisional application of the Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union
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The signing of the Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union and its Annex 1 is hereby approved on behalf of the Union, subject to the conclusion of the Memorandum. The texts of the Memorandum and Annex 1 are attached to this Decision.
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Memorandum and its Annex 1 on behalf of the Union.
Pending its entry into force, the Memorandum shall be applied on a provisional basis by the Union from the date of its signature.
1. The Union shall be represented in the Joint Committee established under Article III of the Memorandum by the Commission, assisted by representatives of the Member States. 2. The Commission, after consultation with the Special Committee appointed by the Council, shall determine the position to be taken by the Union in the Joint Committee, including with respect to: (a) the adoption of additional Annexes to the Memorandum and Appendices thereto; (b) the adoption of amendments to Annexes to the Memorandum and Appendices thereto.
The Commission may take any appropriate action under Articles IIB, IV, V, VII and VIII of the Memorandum.
The Commission shall represent the Union in consultations under Article XI of the Memorandum.
The Commission shall regularly inform the Council of the implementation of the Memorandum.
TO MEMORANDUM OF COOPERATION NAT-I-9406 BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN UNION SESAR-NEXTGEN COOPERATION FOR GLOBAL INTEROPERABILITY
ANNEX 1 TO MEMORANDUM OF COOPERATION NAT-I-9406 BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN UNION SESAR-NEXTGEN COOPERATION FOR GLOBAL INTEROPERABILITY WHEREAS SESAR and NextGen are respectively the European Union’s and the United States of America’s programmes for developing new generations of air traffic management systems; WHEREAS the SESAR Joint Undertaking was established by Council Regulation (EC) No 219/2007 of 27 February 2007 for the purpose of managing the SESAR Development phase; NOW THEREFORE, the United States of America and the European Union (collectively the ‘Parties’, and individually a ‘Party’) have agreed as follows: Article I Purpose The purpose of this Annex is to implement the Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union (the Memorandum) by setting forth the terms and conditions under which the Parties shall establish cooperation to ensure global interoperability between their respective Air Traffic Management (ATM) modernisation programmes, NextGen and SESAR, taking into account the interests of civil and military airspace users. Article II Definitions For the purpose of this Annex, the term ‘validation’ means to confirm, throughout the development lifecycle, that the proposed solution, including concept, system, and procedures, complies with stakeholders’ needs. Article III Principles Within the framework of the NextGen and SESAR programmes and in accordance with the principles set out in Article I.C of the Memorandum, the Parties shall: A. as appropriate, allow participation by each other’s governmental and industrial entities in their relevant consultative bodies and industrial initiatives, in accordance with applicable laws and regulations, and the governing rules of such bodies and initiatives; B. endeavour to provide opportunities to each other’s industry stakeholders to contribute to work programs and access information on, and results of, equivalent research and development programs and projects; and C. through the High Level Committee established under Article V of this Annex, mutually identify, in attachments to this Annex (Attachments), the domains that allow specific opportunities for participation in each Party’s consultative bodies, initiatives, and research programs and projects, in particular those domains that provide for a contribution to high level system definition, such as interoperability, architecture definition, and technical baseline. The High Level Committee shall monitor the implementation of this Article and shall update the Attachments as necessary. Article IV Scope of work A. The scope of the work is to contribute to ATM research, development, and validation for global interoperability. The work may include, but is not limited to, the activities set out in paragraphs 1 to 5 of the present Article. 1. Transversal Activities Transversal activities cover those tasks that are not specific to any one operational or technical development, but have interdependencies across the SESAR and NextGen Programs. These activities are of particular importance to the cooperation, as any diverging approach potentially has wide-reaching material implications for harmonisation and interoperability. In this area, the Parties intend to address: a. operations concept and roadmap; b. separation provision; c. road-mapping including standardisation and regulation with a view to facilitate implementation synchronisation; d. business case and investment planning; e. environment; f. the coordination of technical efforts in support of global and ICAO standardisation activities in the field of ATM modernisation; g. the synchronisation and consistency of avionics roadmaps, in order to ensure best economic efficiency for airspace users; and h. coordinated delivery of technical and operational changes that achieve/maintain seamless operations from an airspace user’s perspective. 2. Information Management The key focus on Information Management is to ensure timely distribution of accurate and relevant ATM-related information across the stakeholder community in a manner that is seamless (interoperable), secure and supportive of collaborative decision making. In this area, the Parties intend to address: a. system Wide Information Management (SWIM) interoperability; b. aeronautical Information Management (AIM) interoperability; and c. meteorological information exchange. 3. Trajectory Management Trajectory Management encompasses air/air and air/ground exchange of four-dimensional (4D) trajectories requiring a consistent approach to terminology, definition and exchange of flight information at all times and in all flight phases. In this area, the Parties intend to address: a. common trajectory definition and exchange; b. flight planning and dynamic flight plan updates; c. traffic management (including trajectory integration and prediction); d. Unmanned Aircraft Systems (UAS) integration into ATM; and e. the convergence of the SESAR and NextGen concepts of operations, the service definitions and their applications including the 4D trajectory definition and exchange format operations. 4. Communications, Navigation, Surveillance (CNS) & Airborne Interoperability CNS and airborne interoperability includes planning airborne equipage and the development of mutually interoperable air/air and air/ground applications and systems. In this area, the Parties intend to address: a. airborne interoperability, including: i. Airborne Collision Avoidance System (ACAS); ii. avionics roadmap; and iii. Airborne Separation Assistance Systems (ASAS) for air/air and air/ground separation assistance; b. communications, including: i. data-link services and technology; and ii. flexible communication architecture; c. navigation, including: i. Performance Based Navigation; and ii. Global Navigation Satellite System (GNSS) applications for en route and approach, including approach with vertical guidance; d. surveillance, including: i. Automatic Dependent Surveillance (ADS) services and technology; and ii. Ground surveillance. 5. Collaborative Projects Collaborative Projects include ad hoc projects for which the Parties agree that focused coordination and collaboration is needed. In this area, the Parties intend to address: a. Atlantic Interoperability Initiative to Reduce Emissions (AIRE); and b. improvements of monitoring and position tracking of aircraft over oceanic and remote regions. B. The Parties shall, as necessary, produce on a reciprocal basis, either individually or jointly for exchange between them, reports describing concepts of use, models, prototypes, evaluations, validation exercises, and comparative studies related to the technical and operational aspects of ATM. Evaluations and validations may use a range of tools such as simulations and live trials. Article V Management Subject to the availability of funds, the Parties shall establish and manage projects and activities and ensure that the work in progress remains pragmatic, timely and result-oriented. To this end, the following management levels shall be established: A. a High Level Committee, which shall be composed of an equal number of participants from the European Commission, which may be assisted by the SESAR Joint Undertaking, and from the Federal Aviation Administration (FAA); 1. the High Level Committee shall be co-chaired by one representative each from the European Commission and the FAA. The High Level Committee shall meet at least once a year to: a. oversee SESAR-NextGen cooperation; b. assess the achieved results; c. decide on the launch of new projects and activities upon a proposal from the Coordination Committee defined below; d. decide on proposals for new Appendices or amendments to existing Appendices to this Annex, which it shall submit to the Joint Committee for approval in accordance with Article III.D of the Memorandum; e. give instructions to the Coordination Committee defined below; and f. monitor the implementation of Article III of this Annex and, as necessary, consult on industry participation mechanisms or refer questions to the Joint Committee established under the Memorandum; 2. the High Level Committee shall establish its working procedures and all decisions shall be taken by consensus between the co-chairs; 3. the High Level Committee shall report to the Joint Committee established pursuant to Article III of the Memorandum; B. a Coordination Committee, which shall be composed of an appropriate and limited number of participants from the SESAR Joint Undertaking and from the FAA Air Traffic Organization, which may both be assisted by experts; 1. the Coordination Committee shall be co-chaired by one representative each from the SESAR Joint Undertaking and the FAA Air Traffic Organization. The Coordination Committee shall meet at least twice a year to: a. monitor the progress of ongoing joint projects and activities as defined in the Appendices; b. ensure the efficient execution of the Appendices through the Working Groups defined below; c. ensure the efficient implementation of Article III of this Annex; d. prepare reports to the High Level Committee; or e. consider proposals for submission to the High Level Committee, including for new Appendices or amendments to existing Appendices to this Annex; 2. the Coordination Committee shall establish its working procedures and all decisions shall be taken by consensus between the co-chairs; C. Working Groups dedicated to specific projects or activities described in the Appendices. Each Working Group shall be composed of an appropriate and limited number of participants. The Working Groups shall meet as necessary, shall comply with instructions given by the Coordination Committee and shall report to it on a regular basis. Article VI Immunity and liability The Parties shall address immunity and liability issues associated with activities under this Annex in the relevant Appendix, as appropriate. Article VII Implementation A. All work provided under this Annex shall be described in Appendices, which, upon their entry into force, shall become part of this Annex. B. Each Appendix shall be numbered sequentially and contain a description of the work to be performed by the Parties or the entities they designate to carry out the work, including the location and planned duration of the work; the personnel and other resources required to accomplish the work; the estimated costs; and any other pertinent information concerning the work. Article VIII Financial provisions Funding of work to be performed under this Annex shall be provided in accordance with Article VI of the Memorandum. Article IX Points of contact A. The designated offices for the coordination and management of this Annex are: 1. for the United States of America: Africa, Europe & Middle East Office, AEU-10 Federal Aviation Administration Wilbur Wright Bldg., 6th Floor, East 600 Independence Avenue, S.W. Washington, D.C. 20591 USA Tel. +1 2023858905 Fax +1 2022675032 2. for the European Union: Single European Sky and ATC Modernisation Unit Directorate-General for Mobility and Transport Directorate for Air Transport European Commission Rue de Mot 24 1040 Brussels BELGIUM Tel. +32 22968430 Fax +32 22968353 B. technical program liaison for specific activities shall be established as indicated in the Appendices to this Annex. Article X Entry into force and termination A. Pending its entry into force, this Annex shall be applied provisionally from the date of signature. B. This Annex shall enter into force when the Parties have notified each other in writing that their respective internal procedures for its entry into force have been completed, and shall remain in force until terminated in accordance with Article XII of the Memorandum. Termination of this Annex shall terminate all Appendices concluded by the Parties pursuant to this Annex. Article XI Authority The United States of America and the European Union agree to the provisions of this Annex as indicated by the signatures of their duly authorised representatives. Done at Budapest on the third day of March in the year two thousand and eleven. For the United States of America For the European Union
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