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30 AOUT 2015. - An Act to approve the Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic on Air Defence Cooperation against Non-Military Air Threats, concluded in Tours on 6 July 2005 (1) (2)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic on Air Defence Cooperation against Non-Military Air Threats, concluded in Tours on 6 July 2005, will be fully implemented.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 30 August 2015.
PHILIPPE
By the King:
Minister of Foreign and European Affairs,
D. REYNDERS
The Minister of Defence,
S. VANDEPUT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Notes
(1) House of Representatives (www.lachambre.be)
Documents: 54-1145
Full report : 02/07/2015
(2) Effective date: 01/11/2015

Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic on cooperation in air defence against non-military air threats
The Government of the Kingdom of Belgium,
and
The Government of the French Republic
below referred to as "Parties",
Considering the provisions of the North Atlantic Treaty signed in Washington on 4 April 1949;
Considering the Convention between the States Parties to the North Atlantic Treaty on the Status of Their Forces signed in London on 19 June 1951, as referred to as "NATO SOFA";
Considering the Convention on Civil Aviation, signed in Chicago on 7 December 1944;
Considering the security agreement on the exchange of protected information between the Government of the French Republic and the Government of the Kingdom of Belgium, signed on 19 July 1974;
Considering the statement on the fight against 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 on 25 March 2004;
Stressing the strategic importance of air space for the security of each Party and its surrounding areas;
To define an appropriate legal framework for air defence cooperation against non-military air threats,
The following provisions were agreed:
ARTICLE I^er
Definitions
1.1. By "a zone of mutual interest", the zone composed of the air space of the Parties and of the international air space, within the limits of the French and Belgian aeronautical information regions (FIR/UIR), as defined in the instruments established under the Organization of International Civil Aviation (OACI).
1.2. "Non-military air threat" means, under this agreement, a civilian aircraft that is a victim of hostile control or a civilian aircraft used for hostile purposes.
1.3. By "general aviation safety measures" it must be understood, as part of this agreement: identification and classification.
1.4. Under the "active air safety measures" agreement:
1.4.1. for the French Party:
(a) Recognition;
(b) Monitoring;
(c) interrogation;
(d) escort;
(e) the route constraint;
(f) the ban on overflight;
(g) the seasoning;
(h) the firing of semonce using infrared lures in the Belgian airspace;
1.4.2. for the Belgian Party:
(a) the interrogation that includes recognition and monitoring;
(b) the operation, which includes escort, route constraint, overflight prohibition and the requirement for an aircraft to land in a specified location;
(c) the firing of semonce using infrared lures in the French airspace.
They are excluded, the firing of semonce other than through infrared lures and the firing of destruction.
1.5. By "Part of Origin", the Part of Military Aircraft belonging under this Agreement shall be understood in the part of the zone of mutual interest located in the airspace of the other Party or located in the international airspace, within the limits of the aeronautical information region (FIR/UIR) of the other Party.
1.6. By "Party of Stay", the Party that welcomes, under this Agreement, a military aircraft of the other Party in the part of the zone of mutual interest located in its airspace or located in the international airspace, within the limits of its aeronautical information region (IRF/IRU).
ARTICLE II
Subject
This Agreement sets out the legal framework for cooperation between Parties in the field of air defence against non-military air threats. This cooperation aims to:
2.1. enhance the capacity of Parties to respond to a non-military air threat;
2.2. facilitate the systematic exchange of information to enhance the knowledge of each Party on the general air situation.
ARTICLE III
Scope
3.1. This Agreement shall apply to all military means of the Parties involved in air defence missions, necessary for the application of aviation safety measures as defined in Article 1, paragraphs 1.3 and 1.4, and in the context of operations to oppose a non-military air threat in the zone 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 the territories other than metropolitan, and whose international relations are under the responsibility of the Parties.
ARTICLE IV
Sovereignty
The cooperation provided for in this Agreement shall be carried out in accordance with the sovereignty, respective competences of each Party and in accordance with its international obligations.
ARTICLE V
Cooperation regime
5.1. Under this Agreement, each Party shall endeavour to:
(a) monitor the aerial approaches to the area of mutual interest of the Parties by performing the air safety measures defined in Article 1 paragraphs 1.3 and 1.4 of this Agreement;
(b) detect and assess the threat;
(c) provide the government authorities and the military command of the other Party with the elements of aerial situation enabling them to make the decisions that they have;
(d) To prevent and respond to a non-military air threat in the area of mutual interest by carrying out the aviation safety measures defined in Article 1 paragraphs 1.3 and 1.4 of this Agreement.
5.2. Where the air assets of a Party are unable to adequately respond to the threat, the military aircraft of the other Party are authorized to take, throughout the area of mutual interest, any active air safety action defined in Article 1 paragraph 1.4 of this Agreement. In this case, coordination is established between the Parties to ensure the transfer of tactical control (TACON) of the military aircraft involved, from the control body of the Party of origin to the control body of the Party of residence.
5.3. The decision to send a military aircraft from one of the Parties to the part of the zone of mutual interest located in the airspace of the other Party or located in the international airspace, within the limits of the aeronautical information region (FIR/UIR) of the other Party, is subject to the authorization of the Party of origin. Once this authorization is issued, all active air safety measures defined in Article 1 paragraph 1.4. of this Agreement may be carried out on the instruction of the Party of Stay.
5.4. Semonce fire other than by means of infrared lures and fire of destruction remain exclusively within the competence and competence of each Party and can therefore be considered only with a national means of intervention, above the national territory, under national control and commitment chains, and after national authentication.
ARTICLE VI
Environmental Safety, Safety and Protection Consignees
6.1. As part of the missions provided for in this Agreement, elements of the armed forces of one Party may circulate in the territory of the other Party by retaining their weapons and ammunition.
6.2. The security of the equipment, weapons, ammunition and military aircraft present in the national space of the Party of Residence as part of a mission under this Agreement shall be ensured by the Party of origin.
6.3. Security is the responsibility of the Party of Residence. The weapons forces of the Party of origin cooperate with the Party of stay in its security mission.
6.4. As soon as they are brought to its attention, each Party shall adhere to the safety and environmental instructions in force in the national airspace and national territory of the other Party, as well as the safety instructions for its weapons, ammunition and aircraft.
ARTICLE VII
Implementation
The Parties shall jointly determine the enforcement and implementation of the air cooperation provided for in this Agreement, including through the conclusion of technical arrangements.
ARTICLE VIII
Costs
Each Party shall bear the costs of its armed forces associated with the implementation of this Agreement.
ARTICLE IX
Regulation of damage
9.1. Claims for damage caused under this Agreement shall be settled in accordance with the provisions of Article VIII of the NATO SOFA.
9.2. In the event of an incident or an air accident occurring in the national airspace of one of the Parties, and in which an aircraft of the other Party is involved, the military experts of the latter are authorized to sit within the investigation commission established by the Party of Residence.
9.3. The technical survey is conducted in accordance with the following instruments, within their respective fields of application:
(a) Annex XIII of the Convention on International Civil Aviation, signed on 7 December 1944 in Chicago;
(b) The standardization agreements (STANAGs) established within the North Atlantic Treaty Organization relating to security investigations and notification of accidents/air incidents involving military aircraft and/or missiles.
ARTICLE X
Settlement of disputes
Disputes that may arise from the performance or interpretation of this Agreement shall be resolved through consultation between the Parties.
ARTICLE XI
Final provisions
11.1. Each Party shall notify the other of the fulfilment of the national procedures required for the entry into force of this Agreement, which shall take effect on the first day of the second month following the day on which the second notification is received.
11.2. This Agreement may be amended at any time in writing by mutual agreement between the Parties.
11.3. This Agreement may be denounced at any time by either Party subject to a written notice of three months. This denunciation does not relieve Parties from the obligations arising from the application of this Agreement.
Concluded in Tours on 06/07/2005, in two original French-language copies, each authoritative.