On The Contract For The Northern European Functional Airspace Block Between The Republic Of Estonia, The Republic Of Finland, The Republic Of Latvia And The Kingdom Of Norway

Original Language Title: Par Līgumu par Ziemeļeiropas funkcionālā gaisa telpas bloka izveidošanu starp Igaunijas Republiku, Somijas Republiku, Latvijas Republiku un Norvēģijas Karalisti

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Read the untranslated law here: https://www.vestnesis.lv/op/2012/176.1


The Saeima has adopted and the President promulgated the following laws: The contract for the northern European functional airspace block between the Republic of Estonia, the Republic of Finland, the Republic of Latvia and the Kingdom of Norway, article 1. June 4, 2012 in Tallinn signed a contract for Northern European functional airspace block between the Republic of Estonia, the Republic of Finland, the Republic of Latvia and the Kingdom of Norway (hereinafter referred to as the Treaty) this law is adopted and approved. 2. article. Contractual obligations shall coordinate the traffic Ministry. 3. article. Under the contract certifying the national supervisory authorities and supervisory bodies of the territorial national responsibilities by the State Agency "Civil Aviation Agency". 4. article. Under the agreement of air navigation services in the Republic of Latvia shall provide the national agencies ' Civil Aviation Agency "certified air navigation service provider. 5. article. The agreement shall enter into force for the period specified in article 35, and in order, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal". 6. article. The law shall enter into force on the day following its promulgation. With the law put a contract in English and its translation into Latvian language. The Parliament adopted the law in 2012 on November 1. The President a. Smith in Riga 2012 November 7, agreement ON the establishment OF the NORTH EUROPEAN FUNCTIONAL AIRSPAC BLOCK BETWEEN the REPUBLIC OF Estonia, the REPUBLIC OF FINLAND, the REPUBLIC OF Latvia AND the KINGDOM OF NORWAY-the Republic of Estonia, the Republic of Finland, the Republic of Latvia and the Kingdom of Norway, hereinafter referred to as the "Contracting State" or the "Contracting States" , Having regard to the Regulation on the single European Sky of the European Parliament and the Council, the relevant implementing rules, the statement by the EU Member States on military issues relating to the single European Sky of 31 March 2004; Referring to the agreement on the European Economic area of 3 January 1994; Recognizing the obligation that each Contracting State is bound by the Convention as parties to International Civil Aviation of 1944 on (Chicago Convention); Taking into account the need for close cooperation between the Contracting States to establish the North European Functional Airspac Block (FAB) and to ensur it in functionality; Having regard to the Feasibility Study report of Not FAB of August 2011; Taking into account the joint ministerial declaration of intent for the creation of FAB Not of 30 August 2011; Recognizing the importanc of continuing close cooperation with Iceland and the Danish-Swedish functional airspac block, as well as others not functional block with ighboring airspac the possibility of a future consolidation as a vision; Taking into account the agreement on demilitarisation and not utralisation of the Åland islands of 1921; Considering that a cooperative approach to air traffic management is a major step towards fulfilling the needs of civil and military air traffic; Noting that the provision of this Agreement shall not set existing agreements of the Contracting States concerning delegated functions on airspac management to the international defence organisations and regional projects; Considering that the creation of FAB Not requires enhanced and increasing cross-border provision of air navigation services; Recognizing that close cooperation among air navigation service providers is vital to fulfil the needs of civil and military air traffic; Considering the importanc of the principles of "just culture" as reflected in international and European legislation; Aiming at achieving maximum capacity, effectiveness and efficiency of the air traffic management network while maintaining a high level of safety; Convinced by the added value of the creation of overall environmental sustainability Not FAB for; Recognizing that the conclusion of the agreement between the Contracting States regarding the establishment of the FAB Not shall not prejudice the principles that every Contracting State has complete and exclusive sovereignty over the airspac of its territory or the capacity of every Contracting State to exercise it in the prerogativ with regards to public order, public security and defence matters in its national airspac;
have agreed as follows: Chapter 1: General principles article 1: Definition of 1.1 For the purpose of this agreement, except where the context otherwise requires or it is otherwise stated, the terms used in this Agreement shall have the same meaning as attributed to them in the EU regulation on the single European Sky and the Chicago Convention. 1.2 For the purpose of this agreement, the following definition shall apply: a "agreement" means the present agreement and any amendments to theret, unless provided otherwise; "North European Functional Airspac Block (FAB)" means the functional airspac block established by the Contracting States under this agreement; "FAB Not Airspac" means the airspac of encompassing the applicable airspac of each Contracting State; "Certifying NS" means the national supervisory authority (NSA) nominated or established by the Contracting State that has a certified a particular air navigation service provider (ANSP); "Territorial NS" means with respect to a particular portions of airspac, the national supervisory authority (NSA) nominated or established by the Contracting State having responsibility over that portions of airspac. Article 2: scope and objective 2.1 this Agreement to establish the North European Functional Airspac Block (FAB). 2.2 the objective of Not achieve optimal performance of the is it FAB in the areas relating to safety, environmental sustainability, capacity, cost-efficiency, flight efficiency and military mission effectiveness, by the design of airspac and the organisation of air traffic management in the airspac of the regardless_of of climate existing boundaries. 2.3 this agreement defines the rights and obligations of the Contracting States and serve as one of the key instruments to fulfil the objective of the single European Sky. 2.4 this agreement applies to the airspac is concerned, which is composed of the following flight information region (FIR) and upper information region (are) of North European airspac: a. Estonia; b. Finland; c. Corporation; (d) Norway; e. Tverlandet, Tverlandet Oceanic. Article 3: the provision of Sovereignty this Agreement shall be without prejudice to the sovereignty of the Contracting States over their airspac or their rights and obligations under the Chicago Convention and other instruments of International Law. Article 4: Public Security and defence 4.1 the provision of this Agreement shall be without prejudice to the competencies of the Contracting States relating to public order, public security and defence matters. 4.2 the Arrangements for the effective civil-military cooperation shall be established within FAB Not by the competent civilian and military authorities of the Contracting States and be put down in writing, in accordanc with their respectiv of competencies according to national law. Article 5: the Area of Cooperation To achieve the objective of Not FAB, the Contracting States commit to cooperate and take the appropriate measure in accordanc with their national procedures in particular in the following domains: (a) the governance of Not FAB.; b. Civil-military cooperation; c. Airspac; d. Harmonisation of rules and procedures; e. Provision of air navigation services; f. Support Services; g. Charging; h. Supervision; i. performance. Article 6: the Competent authorities to the Competent authorities: (a) In Estonia: the Ministry of Economic Affairs and communications and the Ministry of Defence in military matters; (b). In Finland: the Ministry of transport and communications and the Ministry of Defence in military matters; c. In Latvia: Ministry of transport and the Ministry of Defence in military matters; d. In Norway: Ministry of transport and communications and the Ministry of Defence in military matters. Article 7: Authorisation to the National Supervisory Authorities to the NS of the Contracting States of the arrangements authorised to establish for the safe and effective implementation of Not FAB. These arrangements shall be put down in the cooperation agreements between the NS of the of the Contracting States as well as in the cooperation agreements concluded with the NS of other functional block of the airspac in Europe. These cooperation agreements shall contain only the specific regulatory, operational and technical aspects limited their scope and objective of this agreement and to the general competence of these authorities defined in the national legislation of each Contracting respectiv State. The cooperation agreements concluded between the NS-shall cover, inter alia, the following areas of cooperation: (a) the exchange of technical and operational. information, excluding personal data; (b) the exchange of information. of service providers, excluding personal data; c. Exchange of all safety-related information relevant to the function of Not FAB; d. supervision of technical systems, operations, service providers and other operators relevant to the function of Not FAB; e. approval of technical systems; f. development and harmonisation of the procedures relevant to the function of FAB and Not the exchange of safety-related information; g. preparation of FAB Not performance plans. Chapter 2: governance of Not FAB article 8: Not FAB Council

8.1 the FAB Council is established for the governance of Not FAB. 8.2 the Council shall be composed of the FAB Not representatives of the competent authorities of the Contracting to States. Each competent authority may be several members of the appoin in order to allow the interests of both civil and military aviation to be represented. 8.3 the Council shall be chaired by the FAB annually one of the Contracting States. Each Contracting State shall have one vote. The decision of the Council with the FAB made by consensus. The Contracting States shall implementations that the decision taken by the FAB in accordanc with their national Council procedures, subject to parliamentary approval when not cessary. 8.4 the Council shall establish its own FAB rules of procedure and approve the rules of procedure for the Committee. Article 8: functions of the Council 9.1 In order Not FAB to meet the commitment of the Contracting States under this agreement, the Council shall ensur FAB in the implementation of this agreement and the fulfilmen of the objective of Not FAB in general. 9.2 the Council shall in particular: (a) FAB. define strategic objective for the development of FAB, Not assess the results achieved and take appropriate measure-if required; b. define the development of civil-military cooperation; (c) agree on the common policy and design for the airspac is concerned; d. define the modalit to of the cooperation on the application of the concept of the flexible use of airspac; e. support the harmonisation of the substantive rules and procedures; f. facilitat the joint designation process of the air traffic service providers; g. facilitat the works of the Air Navigation Services Consultative Board; h. adop the charging policy applicable in the airspac is concerned; i. agree on a common safety policy and support the development and the implementation of a common safety management system by the air navigation service providers; j. to adop FAB performance plans and the related performance targets and decide on incentives and additional or the measure; correctiv k. aim at coordinating the positions of the Contracting States with regard to the work of the International Civil Aviation Organisation (ICAO), EUROCONTROL, the European Commission, the European Aviation Safety Agency and the joint undertaking in the field of air navigation services; l. ensur the coordination with the adjacent airspac block, including functional efficient interfaces; m. set up committees other than those established by this agreement and working group to assist it in specific matters and approve the proposals of the committees and working groups. Article 10: committees In order to meet the objective of FAB and Not to assist the FAB, the National Council Supervisory authorities Committee, the Civil-Military Committee and the Financial and performance Committee will be established. Article 11: the Air Navigation Services Consultative Board 11.1 the Air Navigation Services Consultative Board is established by the Council to the FAB ensur the consultation of the air navigation service provider on matters relating to the provision of services within Not FAB. 11.2 the Air Navigation Services Consultative Board is composed of representatives from: a. the FAB Council; (b) the National Supervisory authorities Committee; (c). the air navigation service providers; d. the support services. 11.3 Other participants may also attend as observer by invitation of the Council Not FAB. 11.4 the Air Navigation Services shall establish Consultative Board its own rules of procedure. Article 12: relations between service providers for Cross-Border Services the written agreements or other legal arrangements between the air traffic service provider and support service providers concerning cross-border services in the concerned shall be approved by the airspac the competent authorities be concerned after consultation of the Council Not FAB. Once approved, they shall be communicated to the Council Not FAB. Article 13: Join a Contracting State Designation 13.1 Each is entitled to repeal or amend such designat, designation of one or more air traffic service providers to provide air traffic services in its applicable wholly or partially airspac,. Such repeal or amendment shall the designation, be notified to the Depositary in writing. 13.2 Any air traffic service providers designated according to paragraph 1 of this article shall be deemed jointly designated by all Contracting States as from the date of notification of the designation to the Depositary. 13.3 Each Contracting State shall ensur that any air navigation service provider operating in the airspac shall comply with its provision of all this agreement. Chapter 3: the Airspac article 14: Airspac of Not FAB 14.1 the Contracting States shall ensur the design and management of a seamless airspac, as well as the coordinated air traffic flow and capacity management, taking due account of the collaborative processes at international level. 14.2 the Contracting States shall ensur in particular: a. the development of a common policy, of airspac in the close cooperation between civilian and military authorities; b. the design of the structure for the optimum use of the airspac; c. the evaluation of modification of the airspac regimes of the performance at the FAB Not level; d. coordination with the network function of the single European Sky; e. consultation of the airspac users; f. the coordinated establishment of cross-border area. Article 15: flexible Use of Airspac of the Contracting States shall 15.1 cooperate at legal, operational and technical level for efficient and consistent application of the concept of the flexible use of airspac is taking into account both civilian and military needs. 15.2 this agreement does not affec the rights of each Contracting State to reserve, restrict or otherwise organise defined volumes of its own airspac, for exclusive or specific use by military users and/or aircraft operated as operational air traffic. Article 16: the Civil-Military Cooperation 16.1 With due regards to the flexible use of the airspac principles and existing arrangements in accordanc with national and applicable international agreements, the Contracting States concerned shall conclud, where and when appropriate, written arrangements to enable military training activities in the airspac of the regardless_of of climate existing boundaries. 16.2 the Contracting States concerned shall allow the provision of cross-border air traffic services the State aircraft operating as general air traffic as well as State aircraft operating as operational air traffic by a civil air traffic service provider of the other Contracting State concerned to appropriate subject pursuan written in the Council communicated the FAB. 16.3 the Contracting States concerned shall allow the provision of tactical control services to operational air traffic by the air defence organisation and tactical air command and control service in the absence of the other Contracting State concerned to appropriate subject pursuan written in the Council communicated the FAB. 16.4 For the provision of cross-border services in the airspac is concerned, the Contracting States shall encourag close cooperation between the civil air navigation service providers and the respectiv air defence and tactical air command and control service organisation. 16.5 the Contracting States shall to striv harmonis the relevant civilian and military subject to civil-military cooperation facilitat. Chapter 4: Harmonisation article 17: Harmonisation of applicable rules and procedures relevant to Not FAB 17.1 the FAB Council shall identify the applicable rules and procedures in the FAB.
17.2 the Contracting States shall endeavour to their "rules and procedure of harmonis-after recommendations of the Council Not FAB. 17.3 the National Supervisory authorities shall consult the Committee on a regular basis with a view to identifying and eliminating the difference between their respectiv in regulations. 17.4 the FAB Council shall ensur that the air navigation service providers of the airspac develop a common safety policy of the concerned aiming at creating a harmonized safety management system. Chapter 5: the Provision of Air Navigation Services, article 18: Air Navigation Services, the Contracting States shall ensur the provision of air navigation services, the following in particular with regards to the governance and oversigh of the: a. Air traffic services; (b) Communications, navigation and surveillance services; c. Aeronautical information services; d. Support Services. Article 19: Air Traffic Services, the Contracting States shall inform one another on the rights and obligation of the air traffic service providers designated in accordanc with article 13 at national level and of any change in their certification or their legal status. Article 20: Communication, Navigation and surveillance services, the Contracting States shall work towards common technical systems and the cost efficient deployment of infrastructure for the provision of communication, navigation and surveillance services by civil air navigation service providers. Article 21: Aeronautical Information Services of the Contracting States shall cooperate in the field of aeronautical information and line the provision of aeronautical information services. Article 22:22.1 Support Services the Contracting States shall ensur is cooperation among providers of support services. 22.2 Each Contracting State may designat the providers of the support services on an exclusive basis and inform the Council thereof Not FAB. Article 23: the Contingency Contracting States shall encourag the air navigation service providers to develop a common contingency plan for all the services provided within Not FAB. When developing this plan, the air navigation service providers shall consult the Council in accordanc FAB with the provision of article 12, Chapter 6: the Charging article 24: Charging

The Contracting States shall develop and apply common principles each charging policy within the airspac is concerned, taking into account the possibility of national exemption. Chapter 7: Supervision article 25: Supervision of the Air Navigation Service Provider 25.1 the Contracting States shall ensur that the NS to cooperate closely on the supervision of the air navigation service providers and that their practices are harmonised. 25.2 the NS is in the IR agreements conclud accordanc with their respectiv of competencies according to national law for the cooperation referred to in paragraph 1 of this article, including the arrangements for the handling of cases involving non-compliance. Such agreements may include through the United Nations regarding the division of responsibilities regarding supervisory tasks. The agreements shall be communicated by the NSS to the FAB Not the concerned Council. 25.3 In the FAB-airspac which does not fall under the responsibility of the Contracting State which nominated the Certifying NS, the Certifying NSA shall, without prejudice to the agreements referred to in paragraph 2, carry out all supervision and safety oversigh in respect of the service provision by the air navigation service provider concerned. 25.4 the Territorial NSA shall have the right to request an audit and direct participation in all supervision tasks carried out by the Certifying to the exten to NS the task with the exercised in relations to the provision of the services in the FAB airspac is under the Territorial responsibility of the NS's. The Certifying NSA shall take due account of the proposals or comments made by the Territorial NS. The air navigation service provider subject to supervision by the Certifying NSA shall enable the Territorial NS it exercise its rights hereunder. 25.5 the NSA shall notify the Territorial Certifying NS of all rules and procedures applicable for the provision of services in the development of its Sonic airspac. 25.6 In the Doesn't the FAB-airspac which does not fall under the responsibility of the Contracting State which nominated the Certifying NS, the Contracting States mutually recognis any finding, conclusion or decision made by the NSA with regards to their Certifying provision of service by the air navigation service provider concerned. In case the Certifying NS makes a finding, conclusion or decision without taking due account of the relevant rules and procedures disclosed to it by the Territorial NS under paragraph 5, the Contracting State which nominated the Territorial NS, shall have the right not to such a finding, conclusion or recognis decision and, if so deemed not suspend application of the cessary, article and resume supervision and safety oversigh the responsibility accordingly. paragraphs 1 to 6 of 25.7 this article shall apply mutatis mutandis to the safety oversigh of Air Traffic Flow Management (ATFM) and Air space management (ASM). The NSA responsible for safety oversigh shall be to the NS of the Contracting State in whose territory the organisation providing ATFM or ASM at the tactical level has its principal place of business. 25.8 this article shall apply to the supervision and oversigh notes in respect of the provision of any service by any air navigation service provider other than those certified by an NSA of a Contracting State. 25.9 the Contracting States concerned shall ensur that their NS-set up a common mechanism for the exchange of information, consultation and coordination for the provision of cross-border services. 25.10 Respectiv military aviation authorities shall have full access to all documents concerning supervision of the provision of air navigation services to military users in accordanc with the national legislation of the Contracting States. Chapter 8: performance article 26 26.1: Performance Contracting States the shall develop and apply Not FAB performance plans consistent with European Union wide performance targets taking into account military needs. Performance plans shall be adopted by the FAB Council. 26.2 performance plans shall include Not FAB performance targets and a set of clear and key performance indicator requirements for at least the following key performance areas: a. safety; b. environment; c. capacity; d. cost-efficiency; e. military mission effectiveness. 26.3 performance plans shall also include Not FAB incentive scheme. 26.4 the National Supervisory authorities Committee shall report to the Council on: (a) Not FAB. the implementation and the achievement of the performance targets; (b) the coordination of the implementation of performance plans with the Contracting States. Chapter 9: Liability article 27:27.1 the Contracting State Liability in whose territory or area under their responsibility for the loss or damage occurred may bring an action against another Contracting State for any compensation paid or incurred costs as a result of loss or damage caused by the gligenc of the other Contracting State. Air navigation service providers 27.2 providing services within Not only shall be liabl the FAB for the loss or damage caused by it/not gligenc their or that of it/their staff or agents. From the direct claim shall be brough against the air navigation service providers ' staff or agents when fulfilling their duties. 27.3 the Contracting State in whose territory or area under their responsibility for the loss or damage occurred may bring an action against the air navigation service provider to recover any compensation or costs paid or incurred as a result of loss or damage caused by the gligenc of the air navigation service provider or that of it/their staff or agents. 27.4 where through acts or omission in the Contracting States contribute to the loss or damage, the air navigation service provider may bring an action to recover compensation paid or cost incurred pursuan to paragraph 2 of this article proportionat to the Contracting States ' contributions to the loss or damage.
17.1 All actions concerning liability of the air navigation service provider under this article shall be brough in the courts of the Contracting State in whose territory and area under their responsibility for the loss or damage occurred and subject to the law of that Contracting State. 17.1 Each Contracting State shall notify the Depositary of the measure taken to apply for this article. Chapter 10: Institutional Provision of article 28:28.1 of the Dispute settlement of All Contracting States arising between the dispute relating to this agreement, which cannot be settled within a period of six months through direct negotiation between the Contracting States concerned or by any other means, shall be referred to the FAB Council. 28.2 If a dispute cannot be settled by the Council within three months a FAB of its referral to the Council, the FAB Not Contracting States concerned shall be entitled to refer the dispute to a third party or to a binding arbitration for mediators a final decision. Article 29: the Accession of a State to this agreement 29.1 this agreement is open to accession. Any State to become a party to (menu rngton Line4) this Agreement shall submit its application for accession to the Depositary. 29.2 the conditions of accession and the adjustments to the any resultan this Agreement shall be the subject of an agreement between the Contracting States and the applicant State. The agreement of accession is subject to ratification, acceptance or approval in accordanc with the national legislation of the Contracting State. 29.3 the instrument of ratification, acceptance or approval shall be deposited with the Depositary. 29.4 the agreement of accession shall enter into force on the first day of the second month following the deposit of the last instrument of ratification, acceptance or approval with the Depositary. Article 30: Withdrawals of a Contracting State from this agreement 18.7 In case of the withdrawals from this agreement by a Contracting State, the Contracting State concerned shall be notified in writing through diplomatic channels the FAB Council and notify the Depositary of its decision. 30.2 the withdrawals shall become effective one year after the date on which the notification is received by the Depositary. 30.3 the FAB Council shall take all measure of required by such withdrawals. 18.9 the Contracting State withdrawing from this Agreement shall bear the costs resulting from such withdrawals. The financial consequences resulting from such withdrawals shall be determined in a special agreement concluded between the withdrawing Contracting State and the other Contracting States. The Contracting State's right of withdrawals shall remain unaffected. Article 31: the amendment of this agreement If (a) the Contracting State 31.1 wishes it proposes an amendment to this agreement, it shall duly inform the Council in writing Not FAB. 31.2 of this Agreement Amendments shall be done in writing and adopted by the Contracting States Not FAB at the Council. 31.3 of this Agreement the Amendments shall enter into force 30 days after the deposit of the last instrument of ratification, acceptance or approval with the Depositary. Article 32: Termination 32.1 the Contracting States may unanimously decide to terminate this agreement at any time. Termination shall be effectuated by 32.2 a written declaration to the Depositary by the Contracting States that this Agreement shall cease to have effect on a date specified by the Contracting States. 32.3 the Contracting States shall jointly determin and allocate the costs resulting from the termination. Article 33: Suspension

33.1 Each Contracting State has the right to immediately suspend the application of this agreement or parts thereof for reasons related to public order, public security and defence matters. The Contracting State suspending the application of this agreement or parts thereof shall inform the other Contracting States immediately of its decision and notify the Depositary accordingly. 33.2 the Contracting State suspending the application of this agreement or parts thereof shall endeavour to terminate the suspension as soon as possible. It shall inform the other Contracting States immediately of its decision and notify the Depositary accordingly. 33.3 the suspension does not make the other main Contracting States from complying with article 30. Article 34: International Civil Aviation Organisation Registration this agreement and any subsequent amendment shall be registered with the theret ICAO in accordanc with the provision of article 83 of the Chicago Convention. Article 35: Entry into force 35.1 this agreement is subject to ratification, acceptance or approval in accordanc with the national legislation of the Contracting States. The instrument of ratification, acceptance or approval shall be deposited with the Depositary. This agreement shall enter 35.2 into force 30 days after the deposit of the last instrument of ratification, acceptance or approval with the Depositary. Article 36: Depositary and its functions 36.1 the Government of the Kingdom of Norway is the Depositary of this agreement. 36.2 the Depositary shall: 1) tells the Contracting States of: a. each deposit of an instrument of ratification, acceptance and approval with the date thereof; (b) the date of entry into force of this agreement and of any amendment; c. any application by a State to accede to this agreement; d. any withdrawals by a Contracting State of the agreement, by the date on which the notification of the withdrawals is received by the Depositary and the date on which this Agreement shall cease to have effect for the Contracting State concerned; e. any notification of the designation of the air traffic service providers; f. any notification of the suspension and the termination of the suspension; g. any notification of the application of article 27.2) register this agreement and any subsequent amendment with ICAO. 3) tells the European Commission of the date of entry into force of this agreement and any subsequent amendment. 4) inform ICAO and the European Commission of: (a). any agreement to this accession with the date thereof; b. any withdrawals of this agreement with the date thereof; c. any suspension or partial suspension of this agreement with the date thereof; (d) the termination of this agreement with the date thereof. 5) perform any other functions customary for depositar. In WITNESS WHEREOF the undersigned, being duly authorised, have signed this agreement. Done at Tallinn on June 4, 2012 in one (1) original version in the English language. The Depositary shall transmit certified cop to it all the Contracting States.
For the Republic of Estonia Minister of Economic Affairs and communications Juhan Parts For the Republic of Finland Ambassador Alex Harkonen For the Republic of Latvia's Ambassador Extraordinary and Plenipotentiary of Karl Eihenbaum For the Kingdom of Norway Ambassador Lise Nicolin Kleven of Grevstad translation contract for Northern European functional airspace block between the Republic of Estonia, the Republic of Finland, the Republic of Latvia and the Kingdom of Norway, the Republic of Estonia , The Republic of Finland, the Republic of Latvia and the Kingdom of Norway (hereinafter Contracting State or Contracting States), having regard to European Parliament and Council regulation on the single European sky, implementing rules, where appropriate, the EU Member States, March 31, 2004, in a statement on military issues related to the single European sky, referring to the 1994 January 3 of the agreement on the European economic area, recognizing the responsibilities that each Contracting State is bound as the 1944 Convention on international civil aviation (the Chicago Convention) party given that between Contracting States there must be close cooperation in order to create a northern European functional airspace block (FAB) and ensure its functioning, having regard to the report of august 2011 on FAB feasibility study, taking into account the common Ministers of 30 august 2011, the Declaration of intention to create a FAB Not recognizing that it is essential to continue close cooperation with Iceland and the Danish-Swedish functional airspace block as well as the adjacent functional air space blocks, not excluding the possibility of further mergers in the distant future, in the light of the Treaty of 1921 for the demilitarisation of the åland Islands and the granting of neutrality of the åland Islands, noting that collaborative approach air traffic control significantly contributes to the management of the civil and military air traffic needs, taking into account that the provisions of the Treaty should not prejudice existing agreements of the Contracting States concerning delegation of airspace management in the field of international protection organisations and regional projects taking into account that do not need to create an advanced FAB and enhanced provision of air navigation services at cross-border level, recognizing that, in order to ensure the civil and military air traffic needs, is essential for close cooperation between air navigation service providers, taking into account international and European legislation reflected "culture of Justice" the fundamental importance of the principle, desiring to achieve maximum air traffic network capacity, efficiency and productivity, while maintaining a high level of safety about the FAB, do not hesitate to create added value for general environmental sustainability, recognizing that the contract is concluded between the Contracting States for Not creating prejudice principle the FAB, which provides that each Contracting State has complete and exclusive sovereignty over the airspace above its territory, nor the ability of the Contracting States to use their prerogatives with regard to public policy, public security and defence questions in the air space, have agreed on the following. Chapter 1. General principles article 1. Definitions 1.1. terms used in the Agreement have the same meaning assigned to them in the EU regulation on the single European sky and the Chicago Convention, if it is not assigned a different meaning or context they are used in a different sense. 1.2. Agreement, the following definitions shall apply: "agreement" means this agreement and its amendments, unless otherwise specified; "The northern European functional airspace block (FAB)" is a functional airspace block, set up by the Contracting States in accordance with this agreement; "Not FAB airspace" means the airspace in which each Contracting State of the air space; "certifying NS" means the Contracting State designated or established a national supervisory authority (NSA), which is certified by the air navigation service provider (ANSP); "territorial NS" is a specific part of the air space of the bound State supervisory body appointed or established a Contracting State which is responsible for this part of the airspace. 2. article. Scope and purpose 2.1 this agreement creates North European functional airspace block (FAB). 2.2. FAB aims to ensure optimal performance with safety, environmental sustainability, capacity, profitability, efficiency and military flight mission effectiveness issues, creating an air space and organising air traffic management in the airspace regardless of existing boundaries. 2.3. This Treaty Contracting States of certain rights and obligations, and this contract is one of the main documents of the single European sky objectives. 2.4. This agreement shall apply to the airspace, which is made up of the following Northern European airspace flight information regions (FIR) and the upper information regions (are): a) Estonia; b) Finland; c) Latvia; d) Norway; e) Bodo Oceanic. 3. Article: sovereignty of this Treaty provision is without prejudice to the sovereignty of States over their airspace, or the rights and obligations established in the Chicago Convention or other instruments of international law. Article 4: public security and protection 4.1. This Treaty provision is without prejudice to the competence of the Contracting States of public policy, public security and defence matters. 4.2. Contracting State the competent civil and military authorities in the development of effective civil-military cooperation in the framework of the measures and formulate their FAB in writing in accordance with their competence, specified in the relevant national legislation. 5. article. Areas of cooperation to achieve the goal, Not FAB the Contracting States undertake to cooperate and to take appropriate measures in accordance with their national procedures, in particular in the following areas: (a)) Not FAB management; (b) civil-military cooperation); c) airspace; (d) legislation and procedures); (e)) the provision of air navigation services; f) meteorological services; (g)); (h)); (I) improve the operation.) 6. article. The competent institution

(A) the competent institution) in Estonia, the Ministry of economy and communications, but in military matters, the Ministry of Defense; (b)), the Finnish Transport and communications Ministry, but in military matters, the Ministry of Defense; (c)) in Latvia – the Ministry of transport, but in military matters, the Ministry of Defense; (d)) in Norway – the Transport and communications Ministry, but in military matters, the Ministry of Defense. 7. article. The national supervisory authority authorisation of the Contracting States shall have the power to set the NS Not FAB safe and effective enforcement measures. These measures must be determined by the cooperation agreements, which are concluded between Contracting States, as well as the NS cooperation agreements, which are concluded with other European functional airspace block NS. These cooperation agreements include only certain regulatory, operational and technical aspects corresponding to the scope of this Treaty and target, as well as the general competence of the institutions, as laid down by each Contracting State legislation. Cooperation agreements concluded between the NSA, includes inter alia the following areas of cooperation: (a)) the exchange of technical and operational information, except for the exchange of personal data; (b) the service provider) exchange of information, with the exception of personal data exchange; (c) Exchange with all FAB) for the operation of relevant safety information; (d) Not essential for the operation of the FAB) technical systems, operations, service providers and other operators; (e) the approval of the technical systems); (f) relevant to the transaction) not FAB the development and harmonization of procedures, as well as the exchange of security information; (g)) performance plans FAB in preparation. Chapter 2. Not FAB management article 8. Not FAB the Council 8.1 the Council establish an Not FAB FAB management needs. 8.2. Not FAB the Council consists of the competent authorities of the Contracting States. Each competent authority can appoint more representatives to ensure that the representation of both civil aviation and military aviation interests. 8.3. the FAB tips each year led by one of the Contracting States. Each Contracting State shall have one vote. Not FAB Council decisions are made in accordance with the principle of consensus. The Contracting States shall implement the FAB Not decisions taken by the Council in accordance with their national procedures, in case of need to get Parliament's approval. 8.4. the FAB Council shall adopt its rules of procedure and the Rules Committee approved. 9. article. Not FAB Council functions are implemented To 9.1 a Contracting State arising from this agreement, the Council shall ensure that the Contract of FAB and Not FAB objectives in General. 9.2. In particular, the Council: (a)) established the FAB does not FAB development strategic objectives, evaluate the results achieved and, if necessary, take the appropriate measures; (b) civil-military cooperation); c) agree on a policy and plan for the airspace concerned; (d)) cooperation concerning the flexible use of airspace concept; e) promote legislation and procedures; (f) promote joint) air traffic services provider posting process; g) facilitate the provision of air navigation services Advisory Council; h) adopted a policy of charging, applicable in the airspace concerned; I) agree on safety policies and supporting air navigation service providers of a common safety management system development and implementation; (j) adopt the FAB Not operational) improvement plans and related performance targets, as well as decide on incentives and additional measures or performance measures; k) seeks to coordinate the positions of the Contracting States in relation to the International civil aviation Organization (ICAO), EUROCONTROL, the European Commission, the European Aviation Safety Agency and the joint work of air navigation services; l) ensure coordination with the adjacent functional air space blocks, including the effective interface; m) set up a Committee which is not in accordance with this agreement, the Committee and the working groups, which it provides assistance in certain matters, and confirms that the Committee and the working group. 10. article. Committee in order to achieve the objectives and help Not FAB FAB Not the Council will create a national supervisory body, the Committee of the civil-military Committee and the financial and operational improvement Committee. 11. article. Air Navigation Services Advisory Board 11.1. Air Navigation Services Advisory Council creates an FAB Council to provide advice to the air navigation service provider for the provision of services Not FAB. 11.2. the air navigation service provider Advisory Board consists of representatives of: (a) Not FAB Council); (b) the national supervisory bodies) Committee; c) air navigation service providers; d) meteorological services. 11.3. Observers may also participate in other members that have received the invitation of the Council. The FAB 11.4. the air navigation service Advisory Board shall adopt its rules of procedure. 12. article. The relationship between service providers in the field of cross-border services, which contracts in written form, or other legally binding agreements between air traffic service providers and providers of meteorological services in respect of cross-border services in the airspace concerned are approved by the competent authority, after consultation with the FAB tips. After the approval of these agreements or arrangements shall notify FAB Not the Council. 13. article. A joint posting a 13.1. Each Contracting State is entitled to designate one or more air traffic service providers, in whole or in part to provide air traffic services in the airspace concerned, revoke or amend the authorisation. Of such a posting, withdrawal or amendments shall inform the depositary in writing. 13.2. air traffic service providers designated in accordance with paragraph 1 of this article shall be considered as common to all the Contracting States designated from the days when this provider is notified to the depositary. 13.3. Each Contracting State shall ensure that any of the air navigation service provider, operating in its airspace, comply with all the terms of this agreement. Chapter 3. Airspace article 14. Not FAB airspace 14.1 the Contracting States provide shared air space and management, as well as the coordination of air traffic flow and capacity management, taking into account the processes of cooperation at the international level. 14.2. The Contracting States shall in particular ensure: (a) the common aviation area) policy development, civilian institutions in close cooperation with the military institutions; (b) the establishment of a body), which will ensure optimum use of airspace; (c)) the air space and the assessment of the changes that affect the FAB not level; d) consistency with the single European sky network functions; e) consultation with airspace users; (f) coordinate the cross-border area). 15. article. Flexible use of airspace 15.1 the Contracting States shall cooperate in the legal, operational and technical standards to ensure the flexible use of airspace concept in the effective and consistent application, subject to both civil and military requirements. 15.2. this agreement does not prejudice the right of a Contracting State to reserve, restrict, or otherwise provide a certain part of its air space only for the military user needs or special military users and (or) an aircraft that is used as an operational air vehicle. 16. article. Civil-military cooperation 16.1. Taking into account the concept of the flexible use of airspace, and subject to the agreement in the country and the applicable international agreements, the Contracting States concerned, where appropriate, conclude a written agreement to bring the air space in military training activities regardless of existing boundaries. 16.2. The Contracting States shall permit another Contracting State civil air traffic service providers to provide cross-border air traffic services and State aircraft operating in air traffic in General and State aircraft operating in the operational air traffic, in accordance with the appropriate written agreement communicated Not FAB Council. 16.3. The Contracting States shall permit another Contracting State air protection organizations and tactical commanding of the air space and air traffic control service delivery organizations to provide tactical control services operational air traffic under the written agreement communicated Not FAB Council. 16.4. to provide cross-border services in the airspace concerned, Contracting States shall promote close cooperation between civilian air navigation service providers and the relevant air defense and tactical commanding of the air space and air traffic control service delivery organizations. 16.5. The Contracting States shall endeavour to coordinate the relevant civil and military measures to promote civil-military cooperation. Chapter 4. Reconciliation

Article 17. Not FAB the relevant regulations and procedures of the Council Not FAB 17.1. identifies the regulations and procedures applicable Not FAB. 17.2. The Contracting States shall endeavour to harmonise their legislation and procedures according to does not FAB Council recommendation. 17.3. the national supervisory authorities, the Committee regularly consulted in order to clarify and resolve differences between their respective laws and regulations. 17.4. Not FAB the Council ensured that the air space of the air navigation service providers in the development of a common safety policy to create consistent safety management system. Chapter 5. The provision of air navigation services in article 18. Air navigation services, the Contracting States shall ensure that the following provision of air navigation services and, in particular: (a) the management and monitoring of) air traffic services; b) communication, navigation and surveillance services; c) aeronautical information services; d) meteorological services. 19. article. Air traffic services, the Contracting States shall provide each other with information about air traffic service providers designated at national level in accordance with article 13 and of any change in the certification service provider or legal status. 20. article. Communication, navigation and surveillance services, the Contracting States shall develop joint technical and cost-effective rollout of the system infrastructure necessary civil air navigation service providers of communication, navigation and surveillance services. 21. article. Aeronautical information services, the Contracting States shall cooperate in the field of aeronautical information and coordinate the provision of aeronautical information services. 22. article. Meteorological services 22.1. The Contracting States shall ensure cooperation between the providers of meteorological services. 22.2. Each Contracting State may designate the exclusive providers of meteorological services and inform Not FAB. 23. article. Contingency contracting States to encourage air navigation service providers to develop a joint contingency plan for all services rendered are not FAB. When the air navigation service providers in the development of this plan, they consult with a FAB advice in accordance with the provisions of article 12. Chapter 6. Charges of article 24. Charges of the Contracting States shall develop and apply common principles governing charging policies in the airspace concerned, subject to the right of each country to identify exceptions. Chapter 7. Article 25 monitoring. Air navigation service providers supervision 25.1. The Contracting States shall ensure that the NSA closely monitoring of air navigation service providers in the area and that their practices are consistent. 25.2. Nsa contracts according to their respective competences and in accordance with national laws and regulations for cooperation referred to in paragraph 1 of this article, including agreement on the treatment of non-conformity cases. Such agreements may include agreement on the responsibility of the monitoring task area. The relevant NSA shall notify these contracts Not FAB Council. 25.3. The FAB in part that does not fall within the responsibility of the Contracting State of which dispatched certifying NS NS, certifying, without prejudice to paragraph 2 of this article, the agreement shall take all of that monitoring and safety surveillance of services by the relevant air navigation service provider. 25.4. Territorial NS has the right to require auditing of and directly participate in all monitoring activities carried out by the certifying NS, insofar as these measures are taken in respect of the provision of services in the territorial responsibility of the Non NSA FAB airspace. Certifying NS shall take due account of the territorial NS recommendations or opinions. The NSA monitored the certifying air navigation service provider enables spatial NSA to exercise this right. 25.5. territorial NSS shall inform the certifying of NS all laws, regulations and procedures applicable to the provision of services in its responsibility of the airspace. 15.9. The FAB in part that does not fall within the responsibility of the Contracting State of which dispatched certifying NS, the Contracting States shall mutually recognise all certifying the results obtained in the NS findings, conclusions or decisions with respect to the service provided, the relevant air navigation service provider. If the certifying NS retrieves any finding, conclusion, or made the decision without taking into account the laws and procedures which it notifies territorial NSS in accordance with paragraph 5, that Contracting State by the territorial NS, have the right not to admit such a finding, conclusion or decision and, where necessary, suspend the application of this article and, accordingly, restore responsibility over safety oversight and monitoring. 25.7. the 1-point 6 shall apply mutatis mutandis in respect of air traffic flow management (ATFM) and airspace management (ASM) flight safety monitoring. On safety monitoring is the responsibility of the Contracting State in whose territory the NSA in its place of business of the Organization, which provides the ATFM or ASM tactical level. 25.8. This article shall not apply in relation to the monitoring of the provision of services and supervision of air navigation service providers, which is not a Contracting State NSA certified air navigation service providers. 16.1. The Contracting States concerned shall ensure that the NSA a common information exchange, consultation and coordination mechanism for the cross-border provision of services. 25.10. The corresponding military aviation bodies have unlimited access to all the documents on the military users of air navigation services provided, which are provided in accordance with the laws of the Contracting States. Chapter 8. Improving the operation of article 26. Performance improvement of 26.1. The Contracting States shall develop and apply a FAB performance plans that comply with the European Union-level performance goals, taking into account the military needs. Performance improvement plan shall be adopted by the Council Not FAB. 26.2 performance plans include Not FAB operation improvement objectives and clear and measurable performance indicators, at least, the following main activities: (a) improving flight safety); (b)) environment; c) capacity; d) profitability; e) military mission effectiveness. 26.3. Performance improvement plans also include the promotion of the system Not FAB. 26.4. the national supervisory authorities shall provide to the Committee information on the Council Not FAB: a) performance goals and objectives; (b)) improvement plan implementation coordination with the Contracting States. 9. chapter. Article 27 liability. Responsibilities 27.1. Contracting State in whose territory or responsibility area is loss or damage caused, may bring an action against another Contracting State for compensation paid or incurred expenses, if that loss or damage has occurred that other Contracting State negligence. 27.2. the air navigation service providers which provide services in its territory is Not responsible of FAB only for loss or damage resulting from these service providers or their employees or agents of negligence. Do not submit direct actions against the air navigation service provider employees or representatives who have done their job responsibilities. 27.3. the Contracting State in whose territory or area of responsibility is the loss or damage caused, may bring an action against the air navigation service providers in order to recover compensation or expenses paid or incurred in connection with the loss or damage caused by the air navigation service providers or their employees or agents of negligence. 27.4. If a Contracting State with their actions or inaction has contributed to the loss or damage, air navigation service providers can make a claim to recover compensation or expenses paid or incurred in accordance with paragraph 2 of this article, a Contracting State, in proportion to the ownership of the said loss or damage. 17.1. all the requirements set out in this article with regard to the air navigation service provider responsibility, by the Court of the Member State on whose territory the responsible area and loss or damage caused, and in accordance with the laws of a Contracting State. 17.1. Each Contracting State shall notify the depositary of the measures taken for the application of this article. Chapter 10. Institutional provisions

28. article. Dispute resolution 28.1. All disputes between Contracting States with respect to this contract, which six months is not settled in the Contracting States involved direct negotiations or by other means, shall be forwarded to the Council Not FAB. 28.2. Where FAB could not the Council to settle the dispute within three months of the referral to the Council, Not FAB Contracting States are entitled to put the dispute to a third-party mediator or binding arbitration for final decision. 29. article. Country's accession this agreement 29.1. This agreement may accede to other countries. Any State which wishes to become party to this Treaty, the depositary of the accession application. 29.2. The Contracting States and in the candidate countries agree on the conditions of accession and all the contract adjustments arising from it. Of accession to the treaty subject to ratification, acceptance or approval in accordance with the laws of a Contracting State. 3. Instruments of ratification, acceptance or approval shall be deposited with the depositary. 29.4. The accession treaty shall enter into force on the first day of the second month following the deposit of the last instrument of ratification, acceptance or approval. 30. article. Contracting State withdrawal from 30.1 this agreement. If a Contracting Party withdraws from this Agreement, through diplomatic channels in writing Not FAB tips and notify its decision to the depositary. 30.2. the withdrawal shall take effect one year after the date of receipt of notification by the depositary. 30.3. the FAB, the Council shall take all the measures necessary in connection with the withdrawal. 18.9. the Contracting State which withdraws from this agreement, shall bear all the costs caused by the withdrawal. The withdrawal would lead to financial consequences in the specific agreement between the Contracting State which withdraws, and the other contracting countries. Contracting State, the right of withdrawal are not affected. 31. article. Amendment of the Treaty, 31.1. If a Contracting State wishes to propose an amendment to this agreement, it shall inform the Council Not FAB. 31.2. the amendments to the agreement shall be made in writing, and the Contracting States adopt them Not FAB. 31.3. amendments to the agreement shall enter into force 30 days after the deposit of the last instrument of ratification, acceptance or approval. 32. article. Contract termination 32.1. Contracting States may at any time, acting unanimously, decide to terminate this agreement. 32.2. The contract shall be terminated by the Contracting State written notification to the depositary that the contract lapse within days of the Contracting States. 32.3. The Contracting States shall jointly determined and allocated by a contract termination costs. 33. article. The suspension 33.1. Each Contracting State shall have the right to immediately terminate this Agreement, or any part of the application to public policy, public security or protection related reasons. Contracting State to stop all or part of this agreement, the application of its decision shall immediately inform the other Contracting States and shall communicate this decision to the depositary. 33.2. the Contracting State that interrupts or part of this agreement, application, trying to resume as soon as possible. Of its decision it shall immediately inform the other Contracting States and shall notify this decision to the depositary. 33.3. the suspension shall not relieve the other contracting countries of article 30. 34. article. Registration with the international civil aviation Organisation agreement and any future amendments to it are recorded according to the ICAO Chicago Convention the provisions of article 83. 35. article. 21.8. The entry into force of the Treaty shall be subject to ratification, acceptance or approval in accordance with the laws of the Contracting States. Instruments of ratification, acceptance or approval shall be deposited with the depositary. 35.2. this Agreement shall enter into force 30 days after the deposit of the last instrument of ratification, acceptance or approval. 36. article. Depositary and its functions of the depositary of the present agreement, 36.1. has the Government of the Kingdom of Norway. 36.2. The depositary shall: 1) shall inform the Contracting States: (a)) of each instrument of ratification, approval and acceptance of the following and shall notify the date of the deposit; (b) this Treaty and it) on the date of entry into force of the amendment; (c)) on the other country submitted an application for accession to this Treaty; (d)), a Contracting State withdrawal from this agreement, and shall notify the date of the depositary notification of withdrawal is received and the date on which the contract shall cease to be in force in the respective Contracting State; (e) notifications) of all air traffic service providers; (f)) for all notices of suspension of application of the agreement and the resumption of the application; (g)) of all communications on the application of article 27; 2) register this Treaty and any amendments thereto to the subsequent ICAO; 3) shall notify the European Commission of the date of entry into force of the agreement and any future amendments thereto; 4) inform the ICAO and the European Commission: a) of any accession to the agreement and shall notify the date of accession; (b)) for any withdrawal from the contract and notify the withdrawal a day; (c)) on the application of this agreement for termination or partial termination of such suspension and of the day; (d) the termination of the contract) and announces the date of termination; 5) carry out other usual depositary functions. In witness thereof, the undersigned, being duly authorised thereto, have signed this agreement. Signed at Tallinn on June 4, 2012 in one (1) original English. The depositary shall send a certified copy of all Contracting States.
On behalf of the Republic of Estonia Economic Affairs and communications Juhan Parts, Minister of the Republic of Finland, Ambassador Alex Harkonen Latvian Republic Ambassador Extraordinary and Plenipotentiary of the Kingdom of Norway, Charles Eihenbaum, on behalf of Ambassador Lise Nicolin Kleven of Grevstad