Posted the: 2015-10-27 Numac: 2015015142 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 30 August 2015. -Law on consent to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning air against air threats non-military defence cooperation, concluded in Tours on July 6, 2005 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning cooperation on MANPADS against air threats non-military towers on 6 July 2005, released its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, August 30, 2015.
PHILIPPE by the King: the Minister of foreign and European Affairs D. REYNDERS, the Minister of defence, S. van WYK sealed with the seal of the State: the Minister of Justice, K. GARG _ Notes (1) House of representatives (www.lachambre.be) Documents: complete record 54-1145: 02/07/2015 (2) Date of entry into force: 01/11/2015 agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning air against defence cooperation non-military air threats the Government of Kingdom of Belgium and the Government of the French Republic hereinafter referred to as "the Parties", considering the provisions of the Treaty of the North Atlantic, signed in Washington on 4 April 1949;
Whereas the agreement between the States parties to the the North Atlantic Treaty on the status of their forces, signed in London on 19 June 1951, hereinafter referred to as the "NATO SOFA";
Whereas the Convention on Civil Aviation, signed in Chicago on 7 December 1944;
Whereas the security agreement on the exchange of information between the Government of the French Republic and the Government of the Kingdom of Belgium, signed on July 19, 1974;
Considering the declaration on combating terrorism adopted by the heads of State and Government of the Member States of the European Union on the occasion of the European Summit in Brussels, March 25, 2004;
Stressing the strategic importance of the airspace for the security of each party and its surroundings;
Anxious to define a legal framework suitable for air defense against aerial threats non-military cooperation, have agreed to the following provisions: ARTICLE I Definitions 1.1.
"Area of mutual interest", means the area composed of the airspace of the Parties and international airspace, within the limits of the aeronautical information regions (FIR/UIR) French and Belgian, as defined in the established instruments in the Organization of International Civil Aviation (ICAO).
1.2. by «non-military air threat», shall be understood, in the context of this agreement, an aircraft civilian victim of a hostile takeover or a civil aircraft used for hostile purposes.
1.3 "general aviation security measures" means, in the context of this agreement: identification and classification.
1.4 "active air security measures" means, in the context of this agreement: 1.4.1. for the French part: has) recognition.
(c) the mark;
(d) the escort);
(e) the route constraint);
(f) the prohibition of overflight);
(g) the boarding;
(h) the firing of warning shots using infrared decoys in Belgian airspace);
1.4.2. for the Belgian part: a) the mark which includes the reconnaissance and surveillance;
b) which includes escort, the route constraint, the prohibition of overflight and the requirement for an aircraft to land in a place determined;
c) the firing of warning shots using infrared decoys in french airspace.
Are excluded, the firing of warning shots other than through infrared decoys and shooting of destruction.
1.5 "Party of origin" means the part of membership of the military aircraft implemented under this agreement in the part of the area of mutual interest in the airspace of another part or located within international airspace, within the limits of the area of aeronautical information (FIR/UIR) of the other part.
1.6 'Part of stay' means the party that welcomes, in the context of this agreement, a military aircraft of the other party in the part of the area of mutual interest in its airspace or in international airspace, within the limits of its aeronautical information region (FIR/UIR).
ARTICLE II purpose this agreement fixed the legal framework for cooperation between the Parties in the field of air defence against non-military air threats. This cooperation aims to: 2.1. improve the response capability of the Parties towards a non-military air threat;
2.2 facilitate the systematic exchange of information allowing to enrich the General knowledge of each of the Parties on the air situation.
SECTION III scope of application 3.1. This agreement is applicable to all the military means of the Parties contributing to the air defence missions, necessary for the implementation of such aviation security measures as defined in article 1, paragraphs 1.3 and 1.4 and operations to oppose a non-military air threat in the area of mutual interest of the Parties.
3.2. this agreement is applicable only in the area of mutual interest of the Parties, excluding the airspace located above non-metropolitan territories, and whose international relations are placed under the responsibility of the Parties.
ARTICLE IV sovereignty the cooperation provided for by this agreement is carried out in respect for the sovereignty, the respective competences of each of the Parties and in compliance with its international obligations.
SECTION V cooperation system 5.1.
Part this agreement, each Party shall endeavour to: has) monitor air approaches in the area of mutual interest of the Parties executing measures of aviation security as defined in article 1 paragraphs 1.3 and 1.4 of this agreement;
(b) identify and evaluate the threat;
c) provide to government authorities and the military command of the other party the air situation allowing them to take the decisions that their obligations;
(d) prevent and respond to a non-military air threat in the area of mutual interest by running the air security measures as defined in article 1 paragraphs 1.3 and 1.4 of this agreement.
5.2. when the air assets of a party are unable to respond adequately to the threat, military aircraft of the other party are allowed to take, throughout the area of mutual interest, any toute mesure measure active aviation security laid down in article 1 paragraph 1.4 of this agreement.
In this case, coordination is established between the Parties in order to ensure the transfer of tactical control (TACON) of the involved military aircraft, the inspection body of the party of origin to the body's control of the party of residence.
5.3. the decision to send a military aircraft from one of the Parties in the part of the area of mutual interest in the air space of the other party or located within international airspace, within the limits of the area of aeronautical information (FIR/UIR) of the other party, is subject to the authority of the party of origin. Once this authorization is issued, all active air security measures as defined in article 1 paragraph 1.4 of this agreement can be executed on the instruction of the part of stay.
5.4. the shooting of another shot by infrared decoys and the shooting of destruction remain solely the responsibility and the competence of each of the Parties and therefore cannot be considered only with a means of national intervention over the national territory, under control and national commitment, and after national authentication strings.
ARTICLE VI security instructions, safety and protection of the environment 6.1.
Missions provided for by this agreement, elements of the armed forces of one of the Parties may move within the territory of the other party keeping their weapons and ammunition.
6.2. the safety of equipment, weapons, ammunition and military aircraft present in national space of the part of stay on a mission under this agreement is provided by the party of origin.
6.3. safety is the part of stay. Forces weapons of the party of origin shall cooperate with the part of stay its security mission.
6.4. as soon as they are brought to its attention, each party respects the safety and protection of the environment in force in national airspace and on the territory of the other party, as well as the safety instructions concerning its weapons, munitions and aircraft.
ARTICLE VII implementation the Parties determine by mutual agreement the measures of execution and implementation of the air cooperation provided for by this agreement, including through the conclusion of technical arrangements.
ARTICLE VIII costs each Party supports its associated military spending
the implementation of this agreement.
ARTICLE IX settlement of damage 9.1.
Claims for compensation for damage under this Agreement shall be settled in accordance with the provisions of article VIII of NATO SOFA.
9.2. in the case of an incident or accident occurring in the national airspace of one of the Parties, and which involved an aircraft from the other party, military experts of the latter are allowed to sit on the commission of inquiry set up by the part of stay.
9.3. the technical investigation takes place according to the following instruments, within the limits of their respective fields of application: a) Annex XIII of the Convention on International Civil Aviation, signed in Chicago on 7 December 1944;
b) standardization agreements (STANAGs) established within the Organization of the Treaty of NATO security and notification of air accidents/incidents involving military aircraft or missiles.
ARTICLE X dispute settlement disputes likely to arise the execution or the interpretation of this agreement are resolved by consultation between the Parties.
ARTICLE XI final provisions 11.1. Each of the Parties notifies the other the completion of the national procedures required by far for the entry into force of this agreement, which takes effect the first day of the second month following the day of receipt of the second notification.
11.2. this agreement may be amended at any time in writing by mutual agreement between the Parties.
11.3. the present agreement may be denounced at any time by one or other of the Parties subject to a written notice of three months.
This termination does not relieve the Parties of obligations arising from the application of this agreement.
Concluded in Tours, 06/07/2005, in two original copies in French, each being authentic.