MEMORANDUM OF COOPERATION BETWEEN “THE EUROPEAN ASSOCIATION OF AVIATION TRAINING AND EDUCATION ORGANISATIONS –EATEO” AND “THE AFRICAN ASSOCIATION OF AVAITION TRAINING ORGANISATIONS – AATO”

RECOGNISING that the safety, efficiency and regularity of air navigation and balanced development of international civil aviation rely on the continuous training of aviation personnel;

RECOGNISING the importance of cooperation in the field of specialized aviation training;

WHEREAS: AATO is responsible for the standardization and harmonization of aviation training in Africa by facilitating access to a network of approved African Aviation Training Organizations which offer cost effective training and have modern facilities.

WHEREAS:  AATO enables better visibility of the Training Organizations, common acceptance and recognition of training and certificates, access to standardized curriculum and training content, support and provide guidelines towards being designated as a centre of excellence, represent ATOs on regional and international fora, Carry out Research and consultancy services towards training model improvements, increase capacity to commercially benefit from an increased demand in aviation training, and provide access to the current market information reflecting accurate supply, demand, and capacity in Africa.

AND WHEREAS: ΕΑΤΕΟ’s main objectives are :

• To be the European voice for driving the best aviation training and education practices.

• To promote the importance of training for aviation safety, security and other fields of aviation.
• To provide a common forum for European aviation training and education providers, enabling them to contribute to aviation safety and security as well as other fields of civil aviation.
• To develop common positions as regards training and education best practices and standards and to promote them to the relevant European and worldwide Institutions.
• To strengthen cooperation and compatibility of its activities with international and European organisations involved in regulatory aspects of aviation training.
• To support Members collectively in their efforts as regards the promotion of their training activities worldwide.
• To foster cooperation between the Members, as well as with training and educational organizations of other regions.

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THE TWO PARTIES HAVE AGREED as follows:

ARTICLE 1 –OBJECTIVE

1. The Parties, subject to the terms of this Memorandum of Cooperation and pursuant to the rules, regulations and policies from time to time in force, agree to strengthen, promote and develop their mutual co-operation in the field of training for aviation personnel on the basis of equality and mutual benefit.

ARTICLE 2 – AREAS OF CO-OPERATION

The parties agree to enter into mutual cooperation for the purpose of collaborating in the standardization and harmonization of aviation training in Africa for improved safety and efficiency of air transport through higher standards of training.

Each Party will, subject to the laws, rules, regulations and policies from time to time in force governing the subject matter, endeavour to take necessary steps to encourage and promote technical co-operation in the following areas:

1. Training for aviation personnel;
2. Research and development related to the training; and
3. Any other areas of co-operation to be mutually agreed upon by the Parties.

ARTICLE 3 – FORMS OF CO-OPERATION

3.1     The forms of co-operation may include, but are not limited to, the following:

1. Exchange and provision of information and data on scientific and technical activities, developments, practices and results for the purpose of the training;
2. Organization of seminars and other meetings to discuss and exchange information on agreed topics and to identify cooperative actions which may be usefully undertaken in accordance with Article 2 hereof;
3. Common execution of joint studies, projects or experiments including their joint design, construction and operation;
4. Fostering of mutual and joint participation to other international initiatives and networks of cooperation;
5. Other specific forms of cooperation and mutually agreed in writing.

3.2     The parties shall coordinate the activities, as appropriate, under this

         Memorandum of Understanding. Nothing in this Memorandum of Cooperation will be construed to prejudice existing or future arrangements for co-operation between the Parties.

ARTICLE 4– IMPLEMENTATION

4.1     The activities to be performed under the framework of this Memorandum of

Cooperation shall be mutually agreed upon in writing by the Parities and shall include, but are not limited to, the following:-

1. Create a joint coordination committee comprising three members from each party, will be meeting  whenever is necessary to review the joint activities that have being carried out and plan future cooperative action.
2. Convene committee meetings in any other place that the two parties will agree.
3. Undertake joint research projects on aviation training.
4.  Exchange the results of any research that has been completed by each respective party.
5.  Seek common projects for financing by the EC and other European and global

Institutions.

1.  Encourage cooperation between their respective members.
2.  Facilitate the harmonization of regulations and policies as regards aviation training and education between Europe and Africa.
3.  Develop jointly “best practices" in air transport training.
4.  Become Members to each other’s Organization with observer status.
5.  Participate in each other’s Conferences and Seminars with a speaker.
6. Establish a link of their respective websites.

ARTICLE 5 – FINANCIAL ARRANGEMENTS

5.1 The financial arrangements to cover expenses for the training programs and meetings within the framework of this Memorandum of Cooperation shall be borne by each party unless otherwise agreed to by the Parties.

ARTICLE 7 – PARTICIPATING OF THIRD PARTY

Either Party may invite the participation of a third party in the joint activities and/or programs being carried out under this Memorandum of Understanding upon the agreement of the other Party. In carrying out such joint activities and/or programs, the Parties shall ensure that the third party shall comply with the provisions of this Memorandum of Understanding.

ARTICLE 8 – PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

1. The protection of intellectual property rights shall be enforced in conformity with the respective national laws; rules and regulations and with any other international agreements.
2. The use of the name, logo and/or official emblem of any of the Parties on any publications, documents and/or paper is prohibited without the prior written approval of either Party.
3. Notwithstanding anything in paragraph 1 above, the intellectual property rights in respect of any technological development, products and services development, carried out-
4. Jointly by the Parties or research results obtained through the joint activity effort of the Parties, shall be jointly owned by the Parties in accordance with the terms to be mutually agreed upon, and
5. Solely and separately by the Party of the research results obtained through the sole and separate effort of the Party, shall be solely owned by the Party concerned.

ARTICLE 9 – CONFIDENTIALITY

1. Each Party undertakes to observe the confidentiality and secrecy of documents, information and other data received from, or supplied to, the Party during the period of the implementation of this Memorandum of Understanding or any other agreements made pursuant to this Memorandum of Cooperation.
2. The Parties agree that the provisions of this Article shall continue to be binding between the Parties notwithstanding the termination of this Memorandum of Cooperation

ARTICLE 10 – SUSPENSION

Each Party reserves the right for reasons of security, public order of public health to suspend temporarily, either in whole or in part; the implementation of this Memorandum of Understanding which suspension shall take effect immediately after written notification has been given to the other Party

ARTICLE 11 – REVISION, MODIFICATION AND AMENDMENT

1. Either Party may request in writing a revision, modification or amendment of all or any part of this Memorandum of Understanding.
2. Any revision, modification or amendment agreed to by the Parties shall be reduced into writing and shall form part of this Memorandum of Understanding.
3. Such revision, modification or amendment shall enter into force on such date as may be determined by the Parties.
4. Any revision, modification or amendment shall not prejudice the rights and obligations arising from or based on this Memorandum of Understanding before or up to the date of such revision, modification or amendment.

ARTICLE 12 – SETTLEMENT OF DISPUTES

Any difference or dispute between the Parties concerning the interpretation and/or implementation and/or application of any of the provisions of this Memorandum of Understanding shall be settled amicably through mutual consultation and/or negotiation between the Parties.

ARTICLE 13 – LANGUAGE

Any difference of this Memorandum of Understanding, all documentation associated with it and all other communication in conjunction with activities shall be in the English language.

ARTICLE 14 – ENTRY INTO FORCE, DURATION AND TERMINATION

1. This Memorandum of Understanding shall come into force on the date of signing and shall remain in force for a period of three (3) years.
2. Thereafter, it may be extended upon mutual agreement of the Parties.
3. Notwithstanding anything in this Article, either Party may terminate this Memorandum of Understanding by notifying the other Party of its intention to terminate this Memorandum of Cooperation by notice in writing, at least six (6) months prior to its intention to do so.
4. The termination of this Memorandum of Cooperation shall not affect the implementation of on-going activities and/or programme which have been agreed upon before the date of termination of this Memorandum of Understanding.