Resolução da Assembleia da República n.º 25/2014 — Aprova o Acordo entre a República Portuguesa e o Reino de Espanha para a Criação do Bloco Funcional de Espaço Aéreo do…

2 - In case a decision for the joint elaboration of a performance plan at SW FAB level is taken, the Parties shall agree on the appropriate arrangements regarding elaboration, performance elements and targets definition, adoption, implementation and monitoring of the performance plan, taking into account the regional singularities of the different areas pertaining to the SW FAB.

3 - Until such a time a joint performance plan is elaborated, the Parties shall ensure that aggregated performance targets at SW FAB level are determined from the respective National Performance Plans for Air Navigation Services of the Parties and communicated for information to the European Commission.

CHAPTER 11

Charging

Article 24

Charging Zones

1 - The Parties shall strive to develop and apply common principles governing charging policy within the SW FAB, taking into account the possibility of national exemptions.

2 - In the meantime, the Parties hereby conclude and agree that all existing charging zones within the SW FAB airspace shall remain in effect until otherwise agreed upon by the Parties.

CHAPTER 12

Accidents and serious incidents

Article 25

Safety Investigation of Accidents and Serious Incidents

1 - A Party will institute a safety investigation into the circumstances of accidents or serious incidents occurring in its territory and areas under its responsibility. In case a military aircraft is involved in accidents or serious incidents, applicable national regulations shall be observed.

2 - At its request, the Party in which the accident or serious incident occurred shall be provided with and have access to the necessary materials from the Parties ATS Units and authorities involved (e.g. radar data recordings, tape transcriptions) in order to enable the conduct of a safety investigation into the accident or serious incident.

3 - To enable the efficient and unimpeded inquiry, a Party shall allow the other Party conducting the inquiry to carry out the necessary safety investigations in its territory.

4 - A Party shall be given the opportunity to appoint observers to be present at the safety investigation initiated by the Party over which territory the accident or serious incident occurred.

Article 26

Accident and Incident Reporting and Information Dissemination

1 - The Parties shall have in place appropriate accident and incident reporting mechanisms in conformity with international and European regulations, and shall foster an enhanced open reporting/Just Culture environment.

2 - In the event of an accident or a serious incident occurring in the SW FAB, the Party conducting the safety investigation shall immediately inform the Council if it identifies shortcomings at the SW FAB level.

3 - The Party conducting the inquiry shall provide the other Party, at its request and subject to national legislation with the report and findings of the safety investigation concerning the provision of air traffic services within the SW FAB that are of relevance for the flight safety.

4 - The accident and incident reports submitted by one Party to the other Party shall be treated at the same level of secrecy and confidentiality that applies to them under the legislation of the Party in which they were originally drawn up.

CHAPTER 13

Contingency plans

Article 27

Contingency Plans

1 - The air navigation service providers designated by the Parties shall coordinate their contingency plans for the air navigation services provided within the SW FAB in particular establishing the procedures among the ATS units, aeronautical meteorological service providers and authorities concerned. The contingency plans shall be developed in compliance with, inter alia, the requirements of the single European sky and national legislation.

2 - The Parties shall establish adequate arrangements in order to ensure that contingency modes of operations do not affect the smooth and flexible transfer of responsibility for ATC between ATS units.

CHAPTER 14

Civil liability

Article 28

Civil Liability

1 - The Parties are liable for damages caused by them or by one of its agents or of any other person acting on its behalf in the execution of any activities under this Agreement, in cases of wilful misconduct or negligence.

2 - A Party may bring a claim against other Party to apply for redress for any costs incurred as a result of damages caused by it or by one of its agents or any other person acting on its behalf in the execution of any activities under this Agreement, in cases of wilful misconduct or negligence.

3 - Unless otherwise agreed by the Parties, the law applicable to disputes regarding civil liability shall be the internal law of the Party where the damages were caused.

CHAPTER 15

Final provisions

Article 29

Relation with other international conventions

The provisions of this Agreement shall not affect the rights and obligations deriving from other international conventions, to which the Parties are party, namely the provisions of the Chicago Convention.

Article 30

Consultations

The Parties may, at any time, request consultations regarding the application of this Agreement.

Article 31

Settlement of Disputes

1 - Any dispute concerning the interpretation or application of this Agreement shall be settled, if possible, through negotiation, through diplomatic channels.

2 - If the dispute cannot be settled within six months, it shall be submitted, at request by one of the parties to the dispute, for decision to an ad hoc arbitral tribunal.

3 - The arbitral tribunal shall be constituted of three arbitrators, appointed as follows:

4 - If the arbitral tribunal is not constituted within four months of the receipt of the written request for arbitration, either party may request the President of the International Court of Justice to make the necessary appointments.

5 - If the President of the International Court of Justice is a national of one of the parties or is prevented from making the appointments for any other reason, the next member in the hierarchy of the International Court of Justice who is not a national of either party or who is not prevented shall be requested to make the appointments.

6 - The arbitral tribunal shall determine its own rules of procedure and shall render its decisions in accordance with the provisions of this Agreement and with the applicable International Law.

7 - The decisions of the arbitrator are taken by majority vote and its decisions shall be binding for all parties.

8 - In the event of a dispute regarding the meaning and scope of a decision, it is up to the arbitral tribunal to interpret it, by request of any of the parties.

9 - Each Party shall bear the costs of the respective arbitrator, as well as the appropriate representation before the arbitral tribunal, including the fees and expenses, while the expenses regarding the President and the Court will be supported in equal parts.

Article 32

Amendment

1 - This Agreement may be amended by request of one of the Parties or following a proposal of the Council.

2 - The amendments shall be subject to ratification, acceptance or approval by the Parties.

3 - The amendments shall enter into force in accordance with the terms specified in Article 34 of this Agreement.

4 - The Parties shall inform the European Commission and, if necessary, adjacent FABs and neighbouring States of the amendments to this Agreement.

Article 33

Accession

1 - This Agreement shall be open for accession from the date on which the Agreement enters into force.

2 - States which are not Party to this Agreement may accede to it by submitting a request to the Council through the point of contact for the SW FAB.

3 - Accession shall be accepted by mutual agreement of the Parties.

4 - The conditions of accession and any resultant adjustments to this Agreement shall be subject of an agreement between the Parties and the requesting State.

5 - The Parties and the requesting State shall agree upon a common budget covering the expenses for the accession.

6 - This Agreement shall enter into force for the acceding State thirty days after the date of the receipt of its notification to the Parties.

Article 34

Entry into Force

1 - This Agreement shall enter into force thirty days after the date of the receipt of the latter of the notifications, in writing through diplomatic channels, conveying the completion of the internal procedures of each Party required for that purpose.

2 - The Parties shall inform the European Commission and adjacent FABs and neighbouring States of the entry into force of this Agreement and the date of the entry into operation of the SW FAB.

Article 35

Suspension

1 - Each Party may temporarily suspend the application of this Agreement, wholly or partially, on grounds of public order, public health and national security.

2 - The suspension of this Agreement, as well as its termination, shall be immediately notified, in writing and through diplomatic channels, to the Parties and to the European Commission.

3 - The suspending Party shall make its best endeavours to terminate the suspension as soon as practicably possible.

4 - The suspending Party shall bear the costs resulting from such suspension.

5 - The financial consequences resulting from the suspension shall be determined in a special agreement between the Parties.

Article 36

Withdrawal of this Agreement

1 - Any Party may, at any time, withdraw from this Agreement upon a notification, in writing and through diplomatic channels, of its intention to withdraw, with at least twelve months notice.

2 - The withdrawing Party shall bear the costs resulting from that withdrawal.

3 - The financial consequences resulting from the withdrawal shall be determined in a special agreement between the Parties.

4 - The withdrawing Party shall immediately inform the European Commission and adjacent FABs and neighbouring States of its decision to withdraw from the SW FAB.

Article 37

Termination

1 - This Agreement may be terminated by written agreement between the Parties, in which they shall agree upon the date from which this Agreement will cease to be in force.

2 - The Parties shall jointly determine and allocate the cost resulting from the termination of this Agreement.

3 - The SW FAB Council shall immediately inform the European Commission and adjacent FABs and neighbouring States of the termination of this Agreement.

Article 38

Notices

All notices under this Agreement shall be in English and in writing unless otherwise agreed.

Article 39

Registration

This Agreement shall be registered with ICAO in accordance with the provisions of Article 83 of the Chicago Convention.

In withness whereof the undersigned, having been duly authorised by their respective Governments, have signed this Agreement.

Done at Lisbon, on 17th of May 2013, in two originals, in the Portuguese, Spanish and English languages, all texts being equally authentic.

For the Portuguese Republic:

Mr. Álvaro Santos Pereira, Ministry of Economy and Employment.

For the Kingdom of Spain:

Ms. Ana Pastor, Ministry of Public Works.