1.01 FAB State level agreement

Article 9a.3 of Regulation (EC) No 550/2004(SPR), as amended by Regulation (EC) No 1070/2009 (SES II);

Relevant international & national law regarding State level agreements;

Establish FAB “Mutual” Agreement (MA) between all States concerned

• Depending on relevant national law and the agreed FAB strategy and objectives, MS parties to a FAB must decide on the type of agreement that will create the legal/ institutional FAB frame and set-up arrangements among the competent authorities to prepare the MA.
• A MA should create an adequately powerful and sound high-level FAB legal framework enabling:
  • the lower-level agreements or equivalent arrangements necessary for implementation and day-to-day operations in the FAB;and
  • that FAB partners, through enhancing their partnership, achieve the agreed FAB strategy and objectives.
• A MA should identify all relevant civil and military authorities and involve them in the FAB establishment process.
  • Several other State authorities and entities may need to be involved besides those responsible for air transport (e.g. defence, security, finance, interior and foreign affairs, environment etc). MS should use the MA to create the high-level legal and institutional framework needed by all these authorities in relation to the FAB.
  • the rights and obligations of the FAB stakeholders in relation to the intended FAB arrangements and operations should be specified at high-level (these may be further detailed in lower level arrangements pursuant to the MA).

Note: The requirements and optional conditions listed in sections 1.2 to 1.14 should be considered by the States and their FAB stakeholders in the context of the MA by which a FAB is established or of other State-level FAB-related act(s) pursuant to the MA.