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Agreements - Source Document

Article 11

1.   The Commission shall maintain with the appropriate States and international organizations the necessary relations for the realization of the aims of the Organization.

2.   The  Commission shall  in particular, without prejudice to the provisions of Articles 6.3 and 13, be alone empowered to  conclude on  behalf  of the  Organization those agreements with international organizations, the Contracting Parties  or other States  which are necessary   for   the   performance   of   the   Organization's   tasks provided for in Article 2.

3.   At the proposal of the Agency, the Commission may delegate to the Agency the decision to open nego­tiations   and  to   conclude  agreements  necessary  for  the performance of the tasks referred to in Article 2.

Article 12

The agreements between the Organization and one or more Contracting Parties, or one or more non-member States, or an international organization, relating to the tasks referred to in Article 2 shall stipulate the respective tasks, rights and obligations of the Parties to the agreements together with the financial arrangements, and shall establish the measures to be taken. Such agreements may be negotiated by the Agency in accordance with the provisions of Articles 6.3 and 11.3.

Article 13

Within the scope of the directives given by the Commission, those relations which are essential for the co-ordination of air traffic and for the operation of the services of the Agency may be established by the Agency with the appropriate technical services, public or private, of the Contracting Parties, of non-contracting States or of international organizations. For that purpose, contracts of a purely administrative, technical or commercial nature, in so far as they are required for the operation of the Agency, may be entered into by the Agency, in the name of the Organization, on condition that the Agency so informs the Commission.

Article 14

1.   The character of public interest shall where necessary be recognized, in accordance with national law and with the consequences which  result from the provisions of that law relating to expropriation in the public interest, as regards the acquisition of immovable property necessary for the sitting of the Organization's installations, subject to the agreement of the Government concerned. The procedure of expropriation for reasons of public interest may be set in motion by the competent  authorities  of the State  concerned,  in  accordance with its national law, for the purpose of acquiring such   property  failing  amicable  agreement.

2.   In the territory of the Contracting Parties where the procedure referred to in the preceding paragraph is not in existence, the Organization may have the benefit of  those   procedures   for  compulsory  purchase  which can be used for the benefit of civil aviation and telecommunications.

3.   The Contracting Parties recognize the right of the Organization to benefit, in  respect of any installations and services established on its behalf in their respective territories, from the application of national law as to those restrictions on the rights of owners of immovable property which may exist in the public interest for the benefit of national services for the same purpose and in particular as to easements in the public interest.

4.  The Organization shall bear the expenses consequent upon the application of the provisions of this article, including the compensation payable in accordance with the law of the State in the territory of which the property is situated.

Article 15

In the event of the Organization performing the tasks provided for in Article 2.2 (b), the Agency shall apply the regulations in force in the territories of the Contracting Parties and in the airspace in respect of which the provision of air traffic services is entrusted to them under international agreements to which they are Parties.

 

 

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