ADMINISTRATIVE AND FINANCIAL RELATIONSHIPS
BETWEEN ICAO AND ECAC
The 8th and 9th clauses of the resolution establishing ECAC referred to its proposed relationship with ICAO. After considering the ECAC resolution, the 10th Session of the ICAO Assembly (Caracas, 1956) took the following action in Resolution A10-5:
Relationship of ICAO with the European Civil Aviation Conference
Whereas the Assembly notes:
that, at the instance of the Council of Europe and as a result of action by ICAO, 19 European States, presently members of ICAO, have constituted the European Civil Aviation Conference (ECAC) - whose constitution, objectives and rules of procedure are set forth in ICAO Document 7676, ECAC/1 - with the particular purpose, among other things, of promoting the co-ordination and better utilisation of intra-European air transport;
that ECAC has sought close liaison with ICAO in order, through regional co-operation, to help achieve the aims and objectives of ICAO as set forth in the Convention on International Civil Aviation;
that ECAC does not intend, at least at the outset, to establish a separate Secretariat of its own, but desires the Council of ICAO to provide, to the extent practicable: i) secretariat services for studies, meetings (plenary meetings normally to take place annually) and other related activities, and ii) maintenance of records, correspondence and the like in the ICAO Paris Office;
that specific aspects of the relationship to be developed between ECAC and ICAO, at the request of the former, include consultation as to dates of and agenda for ECAC meetings, distribution of ECAC reports to the ICAO Council, performance by ICAO of various functions relating to ratifications, entry into force, adherences, denunciations, safekeeping, etc., of agreements on commercial rights and the like developed by ECAC and also the interchange of documentation and studies on technical aviation subjects;
that ICAO's work in the Joint Financing field under Chapter XV of the Convention has developed a practice under which the direct costs (such as travel, subsistence, cost of accommodation, and supplies at meetings, cost of temporary personnel engaged for meetings, etc.) are charged to the States participating in the particular project involved; and indirect costs (such as salaries of the regular ICAO staff, research and production of advance documentation at headquarters, etc.) are borne by ICAO;
and further notes:
that the work programme of ECAC is consistent with, and should usefully complement, the work that ICAO is pursuing in the air transport field, particularly along the lines laid down by Assembly Resolutions A7-15 and 16, and is in furtherance of the objectives of ICAO as defined in the Convention;
The Assembly resolves
to assume, on behalf of ICAO the responsibilities that will devolve upon the organisation as a result of acceding to the request of ECAC, and to declare ICAO's readiness to maintain, for its part, the close liaison proposed by ECAC;
to direct the Council to provide, always taking into account the overall work load of the ICAO Secretariat, the secretariat and other services requested by ECAC to the extent necessary for its proper functioning;
that indirect costs attributable to the ECAC activity hereunder shall be borne by ICAO;
that the direct costs attributable to the ECAC activity shall be the responsibility of the Member States of ECAC, but may be advanced by ICAO, in which event they shall be recovered from the Member States of ECAC in such proportions as may be agreed upon by such States within the framework of ECAC.
Whereupon ECAC, meeting at the Assembly site, adopted the companion resolution reproduced below:
Companion ECAC Resolution (1)
ICAO, by Resolution of the Tenth Session of its Assembly, has accepted the obligations resulting from the fact that it accedes to the request of the European Civil Aviation Conference expressed in Resolution No. 1 of its First Session (29 November-16 December 1955) and has declared its readiness to maintain the close liaison proposed by the Conference;
the Council of ICAO will provide, taking into account the overall work load of the Secretariat of the organisation, the secretariat and other services requested by ECAC to the extent necessary for its proper functioning;
ICAO has agreed to bear the indirect costs it incurs within the framework of ECAC activities;
ICAO has decided that the direct costs attributable to the ECAC activity shall be the responsibility of the Member States of the Conference, but may be advanced by ICAO, in which event they shall be recovered from the Member States of ECAC in such proportions as may be agreed upon by those States within the framework of ECAC;
The European Civil Aviation Conference therefore resolves:
that the direct costs incurred by ICAO which are attributable to the ECAC activity shall be apportioned among the Member States of ECAC in proportion to the number of units of their contribution to ICAO for the year in which any payment hereunder is to be made;
that these direct costs shall be recovered from the Member States of ECAC in Canadian dollars or in such other currency as the Secretary General of ICAO may arrange, in the form of a contribution supplementary to that which they pay towards the costs of ICAO.
(1) cf. Report of the 2nd Intermediate Meeting, Caracas (Doc 7720, ECAC/IM2).
In 1989, the 27th Session of the ICAO Assembly adopted the following Resolution:
ICAO Resolution A27-17 on the relationship between ICAO and regional civil aviation bodies (superseding Resolution A10-5)
Whereas in Resolution A10-5 the Assembly established a policy framework to govern relations, including financial arrangements, between ICAO and the European Civil Aviation Conference (ECAC);
Whereas in Resolution A18-21 the Assembly, inter alia, invited the Council to extend such policy and arrangements to other regional civil aviation bodies and in Resolution A21-8 invited regional bodies to consider inviting to their meetings States not members of the body in question;
Whereas pursuant to Resolutions A10-5 and A18-21 ICAO has established a close and beneficial relationship with ECAC, the African Civil Aviation Commission (AFCAC) and the Latin American Civil Aviation Commission (LACAC), which has furthered the universal aims and objectives of the Convention on International Civil Aviation and facilitated the development of regional fora within which States can co-operate and co-ordinate on air transport issues of common concern;
Whereas the financial arrangements incorporated in A10-5 should be modified to take account of changes in circumstances since their adoption, the growth and development of the regional bodies and to allow those bodies to assume full responsibility for their own financial affairs;
Whereas the continued viability and operation of regional bodies serves the interests of international civil aviation;
1. Resolves that:
a) the Organisation supports the work and activities of any existing or future regional civil aviation bodies wherever such support is requested by the regional body concerned and duly approved, taking into account the resources of ICAO and the implementation of its Work Programme;
b) any financial support to regional civil aviation bodies by the organisation, such as in continued provision of Secretariat services, should be approved by the Assembly as part of the organisation's regular programme budgets and identified in the Budget as support for regional bodies.
2. Directs the Council:
a) to conclude with each regional civil aviation body appropriate working arrangements that reflect the above principles and ensure a close working relationship, including co-operation and co-ordination, harmonisation of Work Programmes to avoid unnecessary duplication and attendance at certain of each others' meetings, as agreed;
b) to incorporate in such working arrangements wherever practicable and so agreed, provision for cost sharing of common facilities and services to Member States; and
c) to give sympathetic consideration to requests by regional bodies for assistance in air transport matters of regional interest.
3. Invites regional civil aviation bodies, pursuant to their rules of procedure, to give sympathetic consideration to the possibility of inviting ICAO Contracting States not members of the regional body in question to participate as observers in its meetings.
4. Declares that the present resolution supersedes Resolution A10-5, Resolving Clause 1a) of Resolution A18-21 and Resolution A21-8.
Whereupon ECAC, at its fourteenth Triennial Session (ECAC/14) adopted the companion resolution reproduced below:
Resolution on the administrative and financial relationship between ECAC and ICAO
Whereas the Inaugural Session of the European Civil Aviation Conference (ECAC), resolved, at least at the outset, not to establish a separate secretariat of its own, but to request the Council of the International Civil Aviation Organization (ICAO) to provide, to the extent practicable, secretariat services and maintenance of records for ECAC;
Whereas the Tenth Session of the Assembly of ICAO, in acceding to that request, established, in Resolution A10-5, a policy framework to govern relations, including financial arrangements, between ICAO and ECAC;
Whereas Resolution A10-5 provided inter alia that the indirect costs attributable to ECAC activity should be borne by ICAO and that the direct costs attributable to that activity should be the responsibility of ECAC Member States;
Whereas the Second Intermediate Meeting of ECAC responded by adopting a Resolution on the recovery from ECAC Member States of the direct costs attributable to ECAC activity, incurred by ICAO, and on the currency in which they are to be recovered;
Whereas the financial arrangements incorporated in Resolution A10-5 have been modified by the Twenty-seventh Session of the Assembly of ICAO, in Resolution A27-17, to take account of changes in circumstances since their adoption, as well as the growth and development of regional bodies such as ECAC, and to allow those bodies to assume full responsibility for their own financial affairs;
Whereas ECAC has already amended Article 18 of its Constitution, in conformity with Resolution A27-17, to reflect the responsibility of its Member States for the costs attributable to the activity of its bodies, without the former limitation to direct costs only;
Whereas ICAO has resolved, in Resolution A27-17, to support the work and activities of regional civil aviation bodies wherever such support is requested by the regional body concerned and duly approved, taking into account the resources of ICAO and the implementation of its work programme; and
Reaffirming its desire to maintain and strengthen the close and beneficial relationship which Resolution A27-17 recognises to have been established between ICAO and ECAC,
The Conference resolves
that it shall assume full responsibility for its own financial affairs, as provided for in Resolution A27-17;
that its standing request to ICAO to support its activities through the provision of secretariat services, the cost of which shall continue to be reimbursed by ECAC, shall be maintained;
that the costs attributable to the activity of the bodies of ECAC shall continue to be the responsibility of ECAC Member States;
that Member States' contributions to ECAC shall continue to be calculated in proportion to the number of units of their contribution to ICAO for the year in respect of which each contribution is made;
and that such ECAC contributions shall be payable in advance to ECAC in French francs,
Directs the Co-ordinating Committee to conclude with the Council of ICAO appropriate working arrangements that reflect the above principles and ensure a close working relationship, and
Declares that the present Resolution supersedes the Resolution adopted by the Second Intermediate Session of ECAC.