Amendment No 1 dated 23"' of October 2018

(hereinafter the Amendment)

of B4 Consortium Agreement dated January 2017

(hereinafter the Agreement)

entered BY AND BETWEEN:

enterprise, established by decision of

(1) Air Navigation Services of the Czech Republic, a state a

the Minister of Transport of the Czech Republic of 28 December 1994 No. 4283/1994-KM;
identification No. 49710371; located at Navigační 787, 252 61 Jeneč, Czech Republic,

registered in the Commercial Register of the Municipal Court in Prague, Section A, Insert

10771, represented by Mr. Jan Klas, Director General, hereinafter referred to as "ANS CR" and

(2) Let0vé prevádzkové služby Slovenskej republiky, štátny podnik (v skratke ”LPS SR, š. p."), a

state enterprise, established under the Iaws of the Slovak Republic and registered by
Commercial Register of the District Court Bratislava I, Section: Pš, ltem No.: 418/B, Corporate
Identification No. 35778458, with Bratislava as its principal place of business and the business

address Ivanská cesta 93, 823 07 Bratislava, Slovakia, represented by XXX XXXXX XXXXXXXXX
XXXXXX XXXXX XX XXXXXXXXX hereinafter referred to as ”LPS SR” and

The State Enterprise ”Oro navigacija" public entity of limited civil liability established
(3) a on
-

the basis of the State-owned acting in accordance with the Law on State and
property,
Municipal Enterprises of the Republic of Lithuania, Enterprise Code: 210060460, having its

registered office at Rodünios kelias 2, LT-02188 Vilnius, Lithuania, represented by Mr.

Mindaugas Gustys Director General, hereinafter referred to as the "ORO NAVIGACIJA” and
,

(4) Polish Air Navigation Services Agency

-

state legal entity organized and operating under the

Act of 8 December, 2006 on Polish Air Navigation Services Agency, National Business Registry
Number: 140886771, tax identification number: 5222838321, located at Wiezowa 8 street, 02-

147 Warszawa, Poland, represented by Mr. Janusz Janiszewski, Acting President, hereinafter
referred to as the ”PANSA",

Hereinafter collectively referred to as "Parties" or "Consortium Participants" and individually as

”Party” or ”Consortium Participant".

WHEREAS:

in order to set forth the

(A) The Parties have signed in January 2017 B4 Consortium Agreement

terms and conditions of cooperation of the Parties and their respective rights and obligations
in the SJU is effective and
with the aim to ensure that the membership of the Consortium
the B4 Consortium in the A6 Group and
successful as well as also to regulate participation of

its representation in A6 Group bodies;

cash contribution collection by PANSA it was
(B) Because of the need to simplify processing of
bank account established by PANSA in order to allow
advised to provide in the Agreement a

the Parties the payments under Art. 8.3 and 8.4 of the Agreement;

beginning of the B4 Consortium

(C) The Legal Team and Financial Team established at the very

the fact they have not been mentioned in

continue to work providing their support despite

the Agreement.

THE PARTlES HEREBY AGREE AS FOLLOWS:

Article 1

CHANGES OF THE AGREEMENT

1.1 The Parties agree to amend the Agreement in the following manner:

is replaced as follows:
1.1.1 Article 4.1 of the Agreement

structure of the Consortium shall consist of the following permanent

”The governance
Consortium Bodies:

a) Steering Board ("Board");

b) Strategy Board (”STRAT”);

c) B4 Contribution Team (”B4CT");

d) B4 Financial Team („FIN");
e) B4 Legal Team („LEG”).”

the Agreement is replaced as follows:

1.1.2 Article 4.3.6 letter k) of
and information to the B4CT, FlN, LEG and working groups;"
”provide guidance

is replaced follows:
1.1.3 Article 4.3.6 letter l) of the Agreement as

”decide on issues escalated to STRAT by B4CT, FlN or LEG;"

is replaced as follows:
1.1.4 Article 4.3.6 letter p) of the Agreement
Rules of Procedure of the B4CT, FIN and LEG and approve
"adopt its Rules of Procedure and the

their changes”

follows:
1.1.5 Letter q) is added to Art. 4.3.6 of the Agreement worded as

out of FIN Members and recall

Leader of B4
”appoint Leader of B4 Financial Team for infinite term

Financial Team"

follows:
1.1.6 Letter r) is added to Art. 4.3.6 of the Agreement worded as

infinite term out of LEG Members and recall Leader of B4

of B4 Legal Team for
"appoint Leader
Legal Team”
1.1.7 Article 4.6 is added to Art. 4 of the Agreement worded as follows:

”B4 Financial Team is hereby established to organize and deliberate on the financial aspects of

the Consortium's (Gross/Total) Contributions to the SESAR 2020 Programme and implementation
of Actions related to its execution and preparation of the financial aspects of the future

Consortium's BAFOs. The FIN shall report to the STRAT.

Composition

4.6.1 The FIN shall consist of one financial expert per a Party as being notified by each Party to

all the other Parties (”FIN Member"). Each Party has the right to recall and replace its FIN

Member in accordance with 1St sentence of this Art. 4.6.1.

4.6.2 The FIN shall be led by one of its Members appointed as a Leader of FIN by the STRAT.

Votes and Decision-making

4.6.3 Each FIN Member shall have one vote.

4.6.4 The FIN shall not validly deliberate and decide unless at least three FIN Members

participate or are duly represented based on the written power of attorney given by
respective Consortium Participant.

4.6.5 The FIN shall adopt the decisions by qualified majority of three votes, unless outvoted FIN

Member had applied right to veto a decision approved by the other FIN Members. If a FIN

Member exercises its veto right, the decision is deemed as not adopted and is ipso jure
escalated to the STRAT for a decision at its next meeting.

Powers and responsibilities

4.6.6 The FIN shall, in particular, have the following competences:

a) Prepare Financial Statements in line with H2020 Grant Agreements;

b) Prepare Cost Breakdown Tables according to SESAR Joint Undertaking Membership

Agreement;
of the Consortium regarding financial aspects of the
C) provide input on position
Consortium's membership in the SJU and execution of SESAR 2020 Programme to be

and defended by the Consortium representative(s) at respective forums and

presented
groups related to financial aspects of SESAR 2020;

d) provide direct support to B4 Contribution Manager.

4.6.7 Each FIN Member shall provide direct support to his/her STRAT Member in all matters

financial of participation of Consortium in the SJU and

and issues regarding aspects

implementation of Actions by Consortium Participants.

4.6.8 Each FIN Member shall provide direct support to his/her B4CT Member in all matters and

ÍSSueS related to the financial reporting processes”

1.1.8 Article 4.7 is added to Art. 4 of the Agreement worded as follows:

”B4 Legal Team is hereby established to organize and deliberate on the legal aspects of

implementation of Actions related to its execution and preparation of the legal aspects of the

future Consortium's BAFOs. The LEG shall report to the STRAT.

Composition

4.7.1 The LEG shall consist of one legal expert per a Party as being notified by each Party to all

the other Parties (”LEG Membeť'). Each Party has the right to recall and replace its LEG

Member in accordance with 1St sentence of this Art. 4.7.1.

4.7.2 The LEG shall be led by one of its Members appointed as a Leader of LEG by the STRAT.

Votes and Decision-making

4.7.3 Each LEG Member shall have one vote.

4.7.4 The LEG shall not validly deliberate and decide unless at least three LEG Members

participate or are duly represented based on the written power of attorney given by
respective Consortium Participant.

4.7.5 The LEG shall adopt the decisions by qualified majority of three votes, unless outvoted
LEG Member had applied right to veto a decision approved by the other LEG Members. If

a LEG Member exercises its veto right, the decision is deemed as not adopted and is ipso
jure escalated to the STRAT for a decision at its next meeting.

Powers and responsibilities

4.7.6 The LEG shall, in particular, have the following competences:

a) provide guidance to Board, STRAT and other Consortium Bodies regarding legal aspects
of participation of Consortium in the SJU and implementation of Actions by Consortium

Participants,
b) report to STRAT legal problems regarding legal aspects of participation of Consortium in

the SJU and implementation of Actions by Consortium Participants,

c) provide input on position of Consortium regarding legal aspects of participation of
Consortium in the SJU and implementation of Actions by Consortium Participants",
cl) provide direct support to B4 Contribution Manager.

4.7.7 Each LEG Member shall provide direct support to his/her STRAT Member in all matters

and issues regarding legal aspects of participation of Consortium in the SJU and

implementation of Actions by Consortium Participants.

4.7.8 Each LEG Member shall provide direct support to his/her B4CT Member in all matters and

issues regarding legal aspects of technical implementation of Membership Agreement

"
and Grant Agreements by individual Consortium Participants.

1.1.9 Article 5.5 letter e) of the Agreement is replaced as follows:

”maintain in its name solely for the purpose of payments under Art. 8.3 and 8.4 herein the

following Operational bank account denominated in Euro:

Bank Gospodarstwa Krajowego

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

XXXXX XXXX XX XXX

 1.1.10 Article 8.3 of the Agreement is replaced as follows:

”Each Consortium Participant undertakes to transfer to the Coordinator's bank account as per Art.

herein seventh (1/7) of its share of the Cash Contribution per Art. 8.2 herein unless
5.5 e) one as

the SJU Administrative Board decides on other amount of Cash Contribution of the Consortium,

thereafter one seventh (1/7) of its share of the Cash Contribution pursuant to such decision of the

SJU Administrative Board, calculated in proportion to amounts as per Art. 8.2 herein, in both cases

not later than 15 June of every year during the duration of the Membership Agreement. The first

of its share shall be transferred not later than 15 June 2017. The Coordinator
one seventh (1/7)
shall inform the Consortium Participants in due time on any SJU decisions related to Cash

Contribution, in particular on the adjustment of the amount of the last annual payment as per Sec.

10.2.3 of the Membership Agreement."

1.2 All other provisions of the Agreement and its Annexes remain unchanged.

Article 2

TRANSITIONAL PROVISIONS

2.1 STRAT taking in to account letter c) of the Preamble to the Amendment shall without unnecessary

delay confirm the membership of representatives of the Parties in FIN and LEG, Leaders of FIN and

LEG as well as adopt Rules of Procedure of the FIN and LEG.

all Consortium Participants, the Amendment shall into force the

2.2 After being signed by come on

day following the day of its publication in the central register of the contracts maintained in the

Slovak Republic or following the day of its publication in the register of contracts maintained in the

Czech whichever later. LPS SR and ANS CR shall promptly for the
Republic, occurs arrange

undersigned Amendment in the respective register of the contracts and inform

publication of the

the other Consortium Participants thereon.

IN WITNESS WHEREOF, each Party has caused this Agreement to be executed on its behalf, by its

authorized representative:

For and on behalf of

ANS XX

Zl. -lll- ?MR

XXX XX

Jan Klas, Dir ctor General Air Nwigation Services

of the Czech Republic (ANS CR)

Naviglcni 787

XXX 252 61 Janac

Czech Republlc
Letové prevádzkové služby Slovenskej republiky, štátny podnik

(V Skľatke "'-PS SR' š'

Ptelové
prevádzkoyéslužby Slovenskej republiky,
stalnypodmk
lvanská cesta 93
823 07 Bratislava 216
SLOVAK
ŠEPUBLIC

X
XXXXX XXXXXXXXX XXXXX

ORO NAVIGACUA

Mindaugas Gustys, Director General

PANSA

X
Janu z Janiszewski, Acting President
 v
sárí-MCE,”

/ l 1 v . n
f-
Letove prevadzkove sluzby Slovenskej republiky, mapami
“ \-j
LPS SR Air Naviqation Services Provider www.lps.sl<

POWER OF ATTORNEY

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lvanská cesta 93, 823 07 Bratislava 216, Slovenská republika Bankové spojenie

Tel.: +421 2 48 57 11 11 IČO 35778458 Obchodný register Tatra banka, a. s., Bratislava

Fax: +421 2 48 57 21 05 IČ DPH SK2020244699 Okresný súd Bratislava I č. ú.: 2620340750/1100

Email: info@|ps.sk Oddiel: Pš lBAN: SK81 1100 0000 0026 2034 0750

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