Common use of FAB CE Council Clause in Contracts

FAB CE Council. 1. The FAB CE Council is established as a joint decision-making body for the purposes of the implementation, operation and further development of this Agreement. 2. The FAB CE Council shall be composed of representatives of the Contracting States. Each Contracting State may appoint several delegates in order to allow the interests of both civil and military aviation to be represented. Each Contracting State shall have one vote. 3. Each air traffic service provider designated for any portion of the FAB CE airspace shall have the right to nominate a representative to participate at the meetings of the FAB CE Council as observer. 4. The FAB CE Council shall, within the scope of this Agreement, take the actions necessary to ensure the implementation, operation and further development of the FAB CE in order to ensure its compliance with the requirements and the achievement of the goals set out in the SES legislation, including compliance with the performance scheme and targets set forth thereunder. 5. The FAB CE Council shall consider, discuss and adopt decisions on the following matters: (a) the formulation and endorsement of the FAB CE principles, objectives and policy at the strategic level for inner and outer matters of the FAB CE, including but not limited to: (i) airspace design; (ii) airspace management (ASM); (iii) air navigation services (ANS); (iv) air traffic flow management (ATFM); (v) supervision and safety oversight concerning ANS, ATFM, ASM and training and licensing of staff; (b) proposals for amendments to or termination of this Agreement; (c) its own rules of procedure; (d) the establishment of other bodies referred to in Article 6(1)(d); (e) terms of reference of the bodies established pursuant to Article 6(1)(b)-(d) and their amendments; (f) any other matter of a similar nature with the aim to meet the objective of this Agreement. 6. The FAB CE Council shall also consider, discuss and adopt measures on the following matters: (a) the endorsement of overall plans and measures related to the implementation, further development and operation of FAB CE; (b) the contingency issues; (c) harmonisation of the charging scheme; (d) establishment of charging zone(s), extending across national borders; (e) harmonisation of rules on ANS, ATFM, ASM, training and licensing of related staff and rules of the air, including the harmonization of the notified differences with the ICAO standards; (f) the performance plans; (g) fostering and facilitating cooperation of ANSPs aiming at the improvement of their performance in the FAB CE; (h) any other matter of a similar nature, with the aim to meet the objective of this Agreement. 7. The measure as referred in paragraph 6 above shall be in line with already adopted decisions of FAB CE Council, unless otherwise provided herein. 8. The FAB CE Council shall meet when convened by its chairperson or at the request of any two Contracting States. 9. The FAB CE Council shall adopt decisions and measures by consensus. If consensus cannot be reached, the FAB CE Council shall adopt decisions and measures by voting in accordance with the following rules: (a) decisions shall require unanimity of the Contracting States and shall be amended or repealed by another decision only; (b) measures shall require the simple majority of the Contracting States and shall be amended or repealed by other measures only. Such amending or repealing measure shall require the simple majority of the Contracting States. The Contracting State(s) having adopted the amending/repealing measure and the original measure shall be bound by the original measure in relation to the Contracting State(s) which have adopted the original measure only: (i) for the time period of application of the original measure; or (ii) for one year (transitional period) following adoption of the amending/repealing measure if no time period for application has been stipulated in the original measure. The Contracting State(s) which were bound by the original measure, but did not vote for the amending or repealing measure shall continue to be bound by the original measure, unless, in case (ii), any of them indicates otherwise for the time after the transitional period. (c) any Contracting State not represented at the meeting shall have the right to cast its vote in writing; if no response is received within 21 days after receiving the written proposal of the decision or the measure, such Contracting State’s vote shall be deemed affirmative. 10. Unless otherwise provided hereunder or in the respective decision, decisions shall be binding on all Contracting States. Unless otherwise provided in the respective measure, measures shall be binding on all Contracting States having voted in favour of the measure. A Contracting State not having voted in favour of the measure shall not be bound by the measure unless it notifies the FAB CE Council at any point in time that it considers itself be bound by the measure from a particular date and in respect of all or particular portions of its applicable airspace and all or particular ANS provided in its applicable airspace. 11. The adoption of the measure shall not prevent two or more Contracting States, which have not voted in favour of the measure, to conclude and implement appropriate flexibility arrangement in line with Article 10 of this Agreement. 12. Any resolution adopted on matters listed under paragraph 6 shall be deemed a measure regardless of its denomination and regardless of whether it was actually adopted by consensus, unanimity or majority. 13. Each Contracting State shall implement any decision and measure binding on it in due time in its national legislation or otherwise ensure their effective implementation. 14. If a proposed decision or measure does not affect the applicable airspace of a Contracting State or the ANS a Contracting State has included in Annex 2, such Contracting State shall have no voting right and shall not be deemed a Contracting State under paragraph 9 and 10, provided that: (a) Such decision/measure does not include interfaces to applicable airspace of such Contracting State; (b) Such decision/measure is in line with the decisions/measures adopted by such Contracting State. Such decision/measure shall not be binding for such Contracting State and shall not anyhow limit or restrict the right of such Contracting State to adopt a decision/measure on the issues and scope as listed in paragraph 5 and 6 above. In case of a reservation under Article 20, the same shall apply mutatis mutandis for a period after two years from the decisive date.