Law Approving The Treaty Concerning The Establishment Of The Functional Air "europe Central" Space Block Between The Federal Republic Of Germany, The Kingdom Of Belgium, The French Republic, The Grand Duchy Of Luxembourg, The Kingdom Of Country

Original Language Title: Loi portant assentiment au Traité relatif à l'établissement du Bloc d'espace aérien fonctionnel « Europe Central » entre la République fédérale d'Allemagne, le Royaume de Belgique, la République française, le grand-duché de Luxembourg, le Royaume des Pays

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013015142&caller=list&article_lang=F&row_id=1200&numero=1232&pub_date=2013-06-27&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-06-27 Numac: 2013015142 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 29 April 2013. -Law on consent to the Treaty on the establishment of the block of functional airspace "Europe Central" between the Federal Republic of Germany, the Kingdom of Belgium, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Swiss Confederation, done at Brussels on 2 December 2010 (1) ALBERT II, King of the Belgians, all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Treaty on the establishment of the block of functional airspace "Europe Central" between the Federal Republic of Germany, the Kingdom of Belgium, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Swiss Confederation, done at Brussels on December 2, 2010, will release 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 on 29 April 2013.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET. the Minister of defence, P. DE CREM the Secretary of State for mobility, Assistant to the Minister of the Interior, Mr. WATHELET Vu and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
Senate.
Documents. -Bill filed on December 20, 2012, no. 5 - 1913/1. Report, no. 5-1913/2.
Parliamentary Annals. -Discussion and vote. Meeting of January 24, 2013.
House of representatives.
Documents. -Draft transmitted by the Senate, no. 53-2618/1. -Report on behalf of the Committee, no. 53-2618/2. -Text adopted in plenary and subject to Royal assent, session No. 53-2618/3.
Parliamentary Annals. -Discussion and vote.
Meeting of March 7, 2013.

Treaty concerning the establishment of the block of functional airspace "Europe Central" between the Federal Republic of Germany, the Kingdom of Belgium, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Confederation of Switzerland the Federal Republic of Germany, the Kingdom of Belgium, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Switzerland Confederation the Contracting States Having regard to the regulations of the European Parliament and of the Council of the European Union relating to the single sky, the relevant implementing measures, the declaration of the Member States on military issues related to the single European sky and the agreement between the Community European and the Swiss Confederation on air transport;
Having regard to the feasibility study of the block of space air functional "Europe Central" (Functional Airspace Block Europe Central, FABEC) on September 18, 2008.
Having regard to the joint declaration of intent on the creation of a block of space air functional "Europe Central" of November 18, 2008.
Whereas the airspace above the territory FABEC Contracting States and that under their responsibility constitute one of the most complex air traffic zones of Europe;
Whereas a more integrated air traffic management approach is an essential step to meet the needs of civil and military air traffic in this area;
Considering that close cooperation between air navigation service providers meet the needs of civil and military air traffic in the area.
Whereas the creation of the FABEC involves cross-border necessarily improvement and the increase in the provision of air navigation services;
Whereas the spirit of culture just advocated by the international legislation and European;
Whereas in creating the FABEC regardless of existing boundaries, Contracting States are aimed at achieving an optimal level of capacity, effectiveness and efficiency of the network of traffic management air while maintaining a high level of security;
Convinced of the value added by the creation of the FABEC in the field of sustainable development;
Have agreed as follows: Chapter I.
-Principles General Article 1. -Definitions A less that it otherwise provides, the terms used in this Treaty have the meaning assigned to them by the issues applicable definitions of regulations related to the single European sky in force in the Contracting States. For the purposes of this Treaty: a) "Treaty" means this Treaty and any amendments that could be given to them unless it otherwise provides;
(b) "concerned airspace" means the airspace over the territory of the Contracting States and under their responsibility in accordance with the rules of the Organization of international civil aviation (ICAO), as defined in article 3 of this Treaty;
c) "Chicago Convention" means the Convention on international civil aviation, signed in Chicago on 7 December 1944, and includes:-any amendment ratified by the Contracting States and applied under article 94 (a)) of the Chicago Convention, and -any annex or any amendment adopted under article 90 of the Chicago Convention, insofar as the international standards referred to in article 37 of the Chicago Convention and contained in such annex or such an amendment is in force in all of the Contracting States;
(d) ' border area' means the airspace above borders international and reserved for the exclusive use of specific users for a specified period;
(e) «space block air functional "Europe Central" (FABEC)» means the block of functional airspace established by the Contracting States under this Treaty;
(f) «operational air traffic (1)» means the flights which are not performed in accordance with the provisions regulating the general air traffic and for which rules and procedures were adopted by the competent national authorities. Can be considered as falling within the operational air traffic, some civilian flights such as flight testing including operational needs require some gaps in the regulation of ICAO;
(g) "State aircraft": aircraft used in military, customs or police are considered to be State aircraft.
(h) ' tactical control service"means the provision, by the military services to the operational air traffic to allow the accomplishment of the assigned mission and to maintain, at all times, sufficient separation between aircraft;
(i) "territory" means the land areas and territorial waters adjacent which, under international law, fall within the sovereignty of a Contracting State.
Section 2. -Object of the present Treaty (1) this Treaty establishes the FABEC and, to ensure governance, the FABEC Council.
(2) this Treaty shall not bear creation of an international organization enjoying international legal personality.
(3) this Treaty sets the General conditions and governance in which the Contracting States must ensure the management of air traffic and the provision of air navigation services in the airspace concerned.
(4) this Treaty sets the framework within which technical and operational arrangements shall be specific covering the fields of intervention of air navigation service providers.
Article 3. (-Geographical scope (1) this Treaty shall apply to the airspace concerned, which includes flight information regions (FIR) and the following flight (UIR) upper regions of continental Europe: has) FIR Bremen;
(b) FIR Langen;
(c) FIR München;
(d) UIR Hannover;
(e) UIR Rhein;
(f) FIR/UIR Brussels;
(g) FIR Bordeaux;
(h) FIR Brest;
(i) FIR Marseille;
(j) FIR Paris;
(k) FIR Reims;
(l) UIR France;
(m) FIR Amsterdam;
(n) FIR/UIR Switzerland.
(2) for the French Republic, this Treaty applies only to the European departments of the French Republic.
(3) for the Kingdom of Netherlands, this Treaty applies only to the part of the Kingdom of the Netherlands situated in Europe.
Article 4. -Sovereignty (1) when a FIR or a UIR extends within the airspace over the territory of another Contracting State, the sovereignty of the Contracting State concerned in relation to that portion of airspace above its territory is not affected.
(2) the provisions of this Treaty shall apply without prejudice to the powers of the Contracting States which fall under Security and military interests.
Article 5 (-State (1) convention or contrary legislation, article 3 c) of the Chicago Convention remains fully applicable to State aircraft.
(2) the Contracting States shall endeavour to establish a simplified procedure for the issue of diplomatic or special permissions for the military training activities in the airspace concerned.
Section 6. -Objective of FABEC the FABEC has to achieve optimal performance in areas related to security, sustainable development, capacity, economic efficiency, the effectiveness of the flights and the effectiveness of military missions through the airspace and air traffic management, independently existing borders, in the airspace concerned.
Section 7.
-Commitments of the Contracting States

((1) in order to achieve the objective of the FABEC, the Contracting States undertake to cooperate and to take appropriate measures, in accordance with their national procedures, in particular in the following areas: a) airspace;
(b) the harmonization of rules and procedures;
(c) the provision of air navigation services;
(d) civil-military cooperation);
(e) royalties);
(f) monitoring);
(g) performance;
h) governance.
(2) the Contracting States shall implement the decisions taken by the Council of the FABEC and undertake to establish at the national level the rules and procedures.
(3) the Contracting States shall ensure the implementation of this Treaty.
CHAPTER II. -Space air Article 8. -Airspace of the FABEC (1) the Contracting States jointly ensure the organisation and management of airspace forming a continuum, as well as the coordinated currents of air traffic and capacity management, with due regard processes of consultation at the international level, regardless of existing boundaries.
((2) the Contracting States shall ensure in particular: a) the development of a common policy on airspace, in close cooperation between civilian and military authorities;
b) the design of the structure of the airspace concerned to promote the defragmentation and dynamic sectorization;
c) consideration of changes to the airspace concerned having an impact on the performance scale FABEC;
(d) coordination with EUROCONTROL);
(e) consultation of users of the national airspace, jointly if necessary);
(f) establishing coordinated transboundary areas).
Article 9 -Flexible management of airspace (1) the Contracting States shall cooperate in the legal, operational and technical levels for the effective and consistent application of the concept of the flexible use of airspace, taking into account both civil and military requirements.
(2) the Contracting States shall ensure that the agreements and common procedures be established between civil and military air traffic services providers.
(3) the Contracting States shall ensure that their civilian and military authorities coordinate the management of the airspace at the strategic level.
(4) the Contracting States shall ensure that a joint airspace management function be established between providers civilian and military air traffic at pre-tactical level services.
(5) the Contracting States shall ensure that a coordination between air traffic service units and military control units is ensured at the tactical level.
CHAPTER III. -Harmonisation Article 10.
-Harmonization of rules and procedures (1) the Contracting States undertake to harmonise their substantive rules and procedures in connection with the FABEC.
(2) to this end, the Contracting States shall consult each other at regular intervals to identify and eliminate the differences between their respective regulations.
(3) the Contracting States shall ensure that the concerned airspace air traffic service providers develop and implement a common global system of security management.
(4) the Contracting States coordinate the classification of the different portions of the airspace concerned according to the European specifications and ensure to reduce the differences in practices between them.
CHAPTER IV. -Provision of air navigation services Article 11. (-Of air navigation services the Contracting States ensure the provision of air navigation services: a) air traffic services;
(b) communications, navigation and surveillance services;
(c) the aeronautical information services;
d) meteorological services.
Section 12.
-Services of air traffic (1) the Contracting States means jointly, by means of a common instrument concerned airspace air traffic service providers.
((2) of the concerned airspace air traffic services providers are, if they have not been designated in accordance with paragraph 1, designated jointly by the Contracting States on notification of the Contracting State concerned therefore they provide only one or more of the following services: a) aerodrome flight information services;
(b) air traffic services limited to a zone of aerodrome control;
(c) services of air traffic under military surveillance.
(3) paragraphs 1 and 2 shall apply without prejudice to the arrangements or agreements relating to the supply of the air traffic services between Contracting States or between any Contracting State and a third party and prior to the entry into force of this Treaty.
(4) the Contracting States shall inform each other of the rights and obligations applicable nationally designated and the air traffic services providers to any alteration of their certification or their legal status.
(5) the Contracting States shall jointly inform the Commission and the other Member States of any decision taken under this article regarding the designation of air traffic service providers.
(6) the Contracting States shall encourage close cooperation between the air traffic services providers.
Article 13. -Services of communication, navigation and surveillance the Contracting States shall endeavour to lead to common technical systems and deploy at the lowest cost infrastructure for the provision of communication, navigation and surveillance services by civil air navigation service providers.
Section 14. -Aeronautical information services the Contracting States shall cooperate in the field of aeronautical information and coordinate the provision of aeronautical information services.
Section 15. -Services weather (1) the Contracting States shall ensure cooperation between the aviation weather service providers.
(2) each Contracting State means the provider of aeronautical meteorological services on an exclusive basis and shall inform the Council of the FABEC.
Section 16. -Relations between service providers (1) States Contracting shall ensure that air navigation service providers formalise working relationships deemed necessary for coordination of their services in the airspace concerned through written agreements or arrangements legally equivalent.
(2) the written agreements or legally equivalent arrangements between air traffic service providers relating to cross-border services in the airspace concerned are approved by the Contracting States concerned, after consultation with the Council of FABEC. Once approved, they are communicated to the Board of the FABEC.
(3) where are concluded with neighbouring States written agreements or legally equivalent arrangements for the supply, outside the airspace concerned, traffic services air, the Contracting States concerned shall ensure that such written agreements or legally equivalent arrangements affect not the present Treaty and be communicated to the Council of FABEC.
Chapter V. - Principles governing civil-military cooperation Article 17. -Military activities (1) taking due account of the principles of flexible use of airspace in accordance with national arrangements and existing international agreements, the Contracting States concerned conclude, if necessary, arrangements written allowing the creation of military in the airspace concerned regardless of existing boundaries training activities.
(2) the Contracting States concerned authorize a claimant military or civilian service of air traffic from another Contracting State concerned to provide cross-border air traffic services to State aircraft operating as well in general air traffic and air traffic operational, in accordance with appropriate written arrangements submitted to the Council of FABEC.
(3) the Contracting States concerned authorize the provision of services of tactical control in operational air traffic by air defence organizations and service organizations of command and control air tactics of another Contracting State concerned, in accordance with appropriate written arrangements submitted to the Council of FABEC.
(4) as regards the provision of cross-border services in the airspace concerned, Contracting States should encourage close cooperation between civil and military air navigation service providers and agencies tactical air defence and command and air control services.
(5) the Contracting States shall endeavour to harmonise civil and military arrangements relevant to facilitate civil-military cooperation, especially in the field of security.
CHAPTER VI. -Royalties Article 18. -Policy of fees (1) the Contracting States develop and apply common principles governing the royalties in the concerned airspace policy, taking into account the possibility of national exemptions.
(2) the Contracting States intend to apply a single unit rate for traffic road in the airspace concerned and strive to establish a common tariff area.
(3) the Council of FABEC decides the introduction of

conditions and the application of a single unit rate for traffic road in the airspace concerned and the establishment, within this airspace, of a common tariff area.
(4) the single unit rate jointly proposed for road traffic in the airspace concerned is subject, after decision of the Council of FABEC, to the competent body of EUROCONTROL for fixing.
(5) prior to the introduction and application of a single unit rate for the traffic on the road in the airspace concerned, Contracting States coordinate their unit rates for road traffic in the airspace concerned at the level of the Council of FABEC.
((6) onus particularly Contracting States: has) to jointly run the requirements arising out of a common tariff area for traffic on the road in the airspace concerned;
(b) to conclude appropriate arrangements to ensure the coherence and consistency of the application of rules and regulations relating to fees;
c) to jointly, if applicable, coordinating with EUROCONTROL.
CHAPTER VII. -Monitoring section 19. -Monitoring of navigation services providers air (1) the Contracting States shall ensure that national supervisory authorities cooperate closely in monitoring of air in the concerned airspace navigation service providers and what their practices are harmonized.
(2) the Contracting States shall mutually recognise the control tasks performed by their national supervisory authorities and the results of these tasks.
(3) the Contracting States shall ensure that their national supervisory authorities conclude specific agreements the cooperation referred to in paragraph 1, including an arrangement for the treatment of non-compliance with the applicable common requirements and mutual recognition control tasks and the results of these tasks. These agreements may include an arrangement concerning the sharing of responsibilities for control tasks. They are provided by the national supervisory authorities concerned to the FABEC Council.
(4) the national supervisory authority which certified air navigation service provider providing cross-border services in the airspace concerned is responsible for the monitoring of this provider of air navigation services in close cooperation with the national supervisory authorities of the other Contracting States concerned.
(5) where the Contracting State over whose territory referred to in paragraph 4 air navigation services are provided requires its own national supervisory authority to exercise control, the authorities concerned national surveillance shall agree on the conditions of control.
(6) the Contracting States concerned shall ensure that their national supervisory authorities are implementing a common mechanism for the exchange of information, consultation and coordination in the provision of cross-border services, to ensure that the necessary remedial measures are taken without delay.
(7) the Contracting States shall ensure that decisions taken in accordance with this article are implemented.
(8) as a last resort, each Contracting State retains the right to suspend or revoke the approval granted pursuant to article 16, paragraph 2, after duly informing the Contracting State concerned and the Council of FABEC.
CHAPTER VIII. -Performance section 20. -Performance system (1) the Contracting States shall implement a system of performance for the FABEC and apply a performance plan for the FABEC compatible with uni-europeens performance goals and taking into account the military needs.
This performance plan is approved by the Council of the FABEC.
((2) the performance plan includes performance targets of the FABEC for at least the following key performance areas: a) security;
(b) the environment;
(c) capacity;
(d) economic efficiency);
(e) the effectiveness of military missions).
(3) the performance plan includes a set of clear and measurable key performance indicators in the key areas of performance for a defined reference period.
(4) the performance plan includes incentives for FABEC.
(5) the Council of FABEC decided the implementation and the FABEC performance plan elements.
(6) prior to the application of the performance of the FABEC plan, Council of FABEC fixed performance at the level of the FABEC objectives and coordinates national performance plans.
(7) the development of the performance plan is the subject of consultations with concerned stakeholders.
(8) the Contracting States shall ensure that the implementation of the performance of the FABEC plan is supervised and that corrective measures are taken if necessary.
(9) the Contracting States assess at regular intervals the design and operation of the FABEC-performance system and will take, if necessary, remedial action.
CHAPTER IX. -Governance section 21. ((- Council of FABEC (1) the Council of FABEC is made up of the following representatives of each Contracting State: has) a representative of the authority responsible for civil aviation, and b) a representative of the authority responsible for military aviation.
(2) upon invitation of the Council of the FABEC, other participants may attend its meetings as observers.
Section 22. -Functions of Council of FABEC (1) the Council of FABEC directs the FABEC.
((2) in order to meet the commitments made by the Contracting States under this Treaty, the FABEC Council is responsible for taking decisions with a view: has) to ensure the implementation of this Treaty and, in General, the achievement of the objectives of the FABEC;
(b) to define the development of civil and military cooperation;
(c) to agree on the Organization and the common strategy for the airspace concerned;
d) to define the terms of cooperation in the implementation of the concept of the flexible use of airspace;
(e) to support the harmonisation of the substantive rules and procedures;
(f) to facilitate the process of joint designation of air traffic service providers;
g) to adopt the royalty policy applicable in the airspace concerned and set the single unit rate for the traffic on the road in the airspace concerned;
(h) to support the development and implementation of a common global system of security management;
(i) to define strategic goals for the development of the FABEC, evaluate the results achieved and to take appropriate measures if necessary;
(j) to approve the performance plan and the corresponding performance objectives;
k) adopt its rules of procedure, that of committees, as well as working groups of the consultative Commission of air navigation services;
(l) to establish other committees than those established by the present Treaty and create working groups to assist it in specific areas, and approve the proposals of the committees and working groups;
(m) to ensure the coordination of the FABEC with adjacent functional airspace blocks, ensuring the effectiveness of interfaces;
n) to coordinate the positions of the Contracting States with regard to the application of international agreements in respect, in particular, the work of ICAO, Eurocontrol, the European Commission, the European Aviation Safety Agency and joint undertakings in the field of air traffic management;
(o) to facilitate the settlement of disputes arising between Contracting States;
(p) to take the measures required by the accession of a State to this Treaty;
(q) to take the measures required by the denunciation of this Treaty by a Contracting State;
(r) to assess consistency between this Treaty and any changes made to the regulations on the single European sky;
(s) to propose amendments to this Treaty;
t) to ensure, if necessary, consultation of the service providers of air navigation, airspace users and any other interested party.
Section 23. -Operation (1) the Council of FABEC is chaired in rotation by one of the Contracting States.
(2) the FABEC Council decisions are taken by unanimity of the votes. Each Contracting State shall have one vote. The decisions of the Council of the FABEC qualify as decisions of the representatives of the Contracting States.
(3) the decisions take effect two months after the day of their adoption, unless a Contracting State shall inform the other Contracting States, within two months of the adoption of a decision, that it can put the latter implemented with the agreement of its legislative bodies. In this case, the decision takes effect one day after the last Contracting State concerned has informed the other Contracting States that it has obtained the agreement of its legislative bodies.
(4) the rules of procedure adopted by the Council of the FABEC lays down rules concerning, in particular, the convening of meetings, the prior distribution of the agenda, the designation and the term of office of the president as well as the voting procedure, including the ability to take decisions by correspondence.
(5) the Council of FABEC meets on convocation by its Chairman, at least twice a year and more if necessary. Each Contracting State is entitled to request a meeting.
Section 24. -Committees and working groups

(1) in order to achieve the objective of the FABEC and assist the FABEC Council, it is established an airspace, an Advisory Committee and harmonization Committee, a Committee of finance and performance and a Committee of the national supervisory authorities. The FABEC Council may establish other committees and create working groups.
(2) committees and working groups are composed of civilian and military experts designated by the Contracting States.
(3) following the invitation of the committees or working groups, other participants may attend their meetings as observers.
(4) unless otherwise provided in the rules of procedure or otherwise decided by the Council of FABEC, committees and working groups report directly and exclusively to the Council the FABEC.
Section 25. -Committee of the airspace the airspace Committee assists the Council of the FABEC in the implementation of articles 8 and 9 and performs other tasks it entrusts him.
Section 26. -Consultative and harmonization the Advisory Committee and harmonization Committee assists the Council of the FABEC in implementation of articles 10 and 12 and executes other tasks it entrusts him.
Section 27. -Committee of finance and performance of finance and performance Committee assists the Council of the FABEC in implementation of article 18 and, where appropriate, of article 20 and performs other tasks as assigned by it.
Section 28. -Committee of supervisory authorities national without prejudice to article 24, paragraph 4, and specific responsibilities assigned directly to the national supervisory authorities, the national supervisory authority Committee assists the Council of the FABEC in implementation of article 19 and, when appropriate, of article 20 and performs other tasks it entrusts him.
Chapter x. - Consultation Article 29 air navigation service providers. -Advisory Board of air navigation services (1) the Advisory Board of air navigation services is established to ensure consultation with the providers of air navigation services on matters relating to the provision of services within the FABEC.
(((2) the Advisory Committee of the air navigation services has: a) of representatives of the Council of the FABEC, and b) of representatives of air navigation service providers.
(3) on invitation of the Council of the FABEC, other participants may attend meetings as observers.
(4) the summary records of the discussions of the Advisory Board of air navigation services shall be communicated to the Council of FABEC.
CHAPTER XI. -Liability Article 30. ((- Regime of liability (1) any Contracting State shall compensate the damage as referred to in paragraph 4, when this one: has) occurred in the airspace above its territory or place under its responsibility in accordance with the rules of the ICAO, and b) was caused by the fault of a designated in accordance with article 12 air traffic service provider, other than the claimant whose main site is located in the territory of the Contracting State concerned by one of its agents, or any other person acting for the account of said provider.
The air traffic service provider referred to under letter b is hereinafter referred to as the effective provider of air traffic services.
(2) no direct action may be brought against the effective provider of air traffic services, against its agents, or against any person acting on behalf of such claimant.
(3) the right to compensation referred to in paragraph 1 shall lapse if no action is brought within two years from the date on which the decision of justice laid down in paragraph 4 has become final.
(4) the compensation referred to in paragraph 1 cannot be the subject of an application for damage not compensated by decision of justice final become taken in accordance with legislation or national or international regulation specific. A decision is considered final when it is no longer subject to appeal pursuant to legislation or national or international regulation.
(5) the compensation referred to in paragraphs 1 and 4 shall be lodged with the Contracting State concerned. The competent authority reviews the application and decide on it in accordance with the substantive law of the Contracting State concerned.
Failing agreement on the request, the dispute shall be settled by the competent court of the Contracting State concerned, in accordance with appropriate rules of substantive law.
(6) the effective provider of air traffic services shall reimburse to the Contracting State concerned any compensation paid or any costs incurred by the latter in accordance with paragraph 1. The Contracting State of the effective provider of air traffic services shall ensure that executes this obligation and, in case of failure of the latter, substitutes for him as soon as the first refund claim made by the Contracting State concerned.
(7) any dispute relating to the reimbursement provided for in paragraph 6, between the Contracting State the claimant effective of the air traffic services to the Contracting State referred to in paragraph 1, may be submitted by one of the two Contracting States, arbitration in accordance with the regulation of the Permanent Court of arbitration for the settlement of disputes between two States ". The appropriate substantive law rules referred to in paragraph 5 shall apply to the dispute. Article 32, paragraphs 3 and 4 shall apply.
(8) no provision of this Treaty prevents the Contracting State referred to in paragraph 1 and the Contracting State of the actual provider of the air traffic services to agree to share the costs resulting from the damage referred to in paragraph 1.
(9) no provision of this Treaty restricts the right of a Contracting State or an effective provider of air traffic services to exercise a recourse against any other person or entity.
(10) the Contracting States shall exchange as soon as possible any information relating to a claim for compensation referred to in paragraphs 1 and 4, as well as its final settlement.
(11) the designated air traffic service providers have appropriate coverage in respect of the liability incurred by virtue of this Treaty, in order to meet the requirement in paragraph 6.
(12) this section shall apply without prejudice to international agreements related to the damage caused by the armed forces of a Contracting State in the territory of another Contracting State.
(13) the provisions of this article shall supersede the provisions governing liability in any agreement between two Contracting States relating to the provision of air traffic services.
CHAPTER XII. -Accidents and serious incidents Article 31.
-Investigation of accidents and serious incidents (1) in case of accident or incident serious as defined in the Chicago Convention occurring in the concerned airspace, the State conducting the investigation shall inform immediately the Commission of FABEC if it detects weaknesses across the FABEC.
(2) communications, notifications and reports related to the investigation of accidents and serious incidents are written in the English language or in one of the national languages of the States Contracting and accompanied by a translation in the English language.
(3) the provisions of this article shall supersede the provisions governing the investigation of accidents and serious incidents contained in any agreement between two Contracting States relating to the provision of air navigation services, in case of difference.
CHAPTER XIII. -Provisions institutional Article 32. -Settlement of disputes (1) any dispute between Contracting States concerning the interpretation, application or execution of the present Treaty, including its existence, validity or extinguishment, and which cannot be settled within a period of six months through direct between the Contracting States concerned or by any other means negotiations is submitted to the Council of the FABEC.
(2) if the dispute cannot be settled by the Council of the FABEC within three months of referral to it, each of the Contracting States concerned may submit to arbitration in accordance with the "optional rules of the Court permanent for Arbitration Arbitration disputes between two States".
(3) the common costs of the arbitration are supported equally by the Contracting States parties to the arbitration proceedings.
(4) the decisions of the arbitral tribunal are binding the Contracting States parties to the dispute.
Section 33. -Accession to this Treaty (1) this Treaty is open for accession. Any State wishing to become a party to this Treaty shall submit its application for membership to the depositary.
(2) the conditions of membership, as well as any amendment to this Treaty that results, subject to a treaty between the Contracting States and the candidate State. The accession treaty is ratified by the Contracting States and the candidate State after they are complied, for this purpose, with their respective constitutional provisions.
(3) the accession treaty comes into force the first day of the second month following the deposit of the last instrument of ratification with the depositary.
(4) the Council of FABEC takes measures rendered by such an accession.
Article

34 - denunciation of this Treaty (1) in the event of denunciation of this Treaty by a Contracting State, the latter shall inform the Council of the FABEC and shall notify the depositary of its decision.
(2) denunciation shall take effect one year after the date of receipt of the notification to the depositary.
(3) the Council of FABEC takes measures rendered by such denunciation.
(4) the Contracting State denouncing this Treaty in principle bear the costs caused by this denunciation.
The financial consequences resulting from the information are determined in a special agreement between that State and the other Contracting States. The right of denunciation of the Contracting State may not be affected.
(5) the information does not exempt the Contracting State denouncing its obligations in respect of paragraph 4 and article 32.
Section 35. -Amendments to the present Treaty (1) If a Contracting State wishes to amend this Treaty, it shall duly inform the FABEC Council.
(2) any amendment to this Treaty is accepted by the Contracting States, on a proposal from the Board of FABEC.
(3) any amendment accepted is ratified by the Contracting States after they are complied, for this purpose, with their respective constitutional provisions.
(4) any amendment shall enter into force the first day of the second month following the deposit of the last instrument of ratification with the depositary.
Section 36. -Termination and suspension of the present Treaty (1) the Contracting States may at any time decide unanimously to put an end to this Treaty.
(2) the extinction procedure is initiated by the filing of a written declaration with the depositary by all of the Contracting States stipulating that this Treaty will expire at a date to be determined by the Contracting States.
(3) the Contracting States shall determine and jointly allocate the costs caused by the extinction.
(4) each Contracting State has the right to immediately suspend the application of all or part of this Treaty for reasons of national security. The Contracting State which suspends the application of all or part of this Treaty shall immediately inform the other Contracting States of its decision and notify the depositary.
(5) the Contracting State which suspends the application of all or part of this Treaty seeks to put an end to the suspension as soon as possible. It shall immediately inform the other Contracting States of its decision and notify the depositary.
(6) the Contracting State which suspends the application of all or part of this Treaty in principle supports the costs. The financial consequences of the suspension are determined in a special agreement between that State and the other Contracting States.
(7) the extinction and suspension do not relieve the Contracting States concerned of their obligations under section 32.
Section 37. -Registration with the Organization of international civil aviation this Treaty and any subsequent amendments are registered with ICAO in accordance with the provisions of article 83 of the Chicago Convention.
Section 38. -Entry into force of the Treaty this Treaty comes into force the first day of the second month following the deposit of the last instrument of ratification with the depositary.
Section 39. -The depositary and its function (1) the Government of the Kingdom of Belgium is the depositary of this Treaty. Instruments of ratification shall be deposited with the Government of the Kingdom of Belgium.
((2) the depositary: has) shall inform the Contracting States: - of the deposit of each instrument of ratification as well as the date on which the deposit has been made, - the date of entry into force of this Treaty and any amendments - of any nomination of a State for accession to this Treaty - of any denunciation of this Treaty by a Contracting State, by the date of this denunciation and that at which it takes effect;
(b) register this Treaty and any subsequent amendments to the ICAO;
(c) inform the Commission of the date of entry into force of this Treaty and of any subsequent amendments;
(d) inform the ICAO and the Commission European: - of any accession to this Treaty as well as of the date on which it takes effect, - of any denunciation of this Treaty as well as of the date on which it takes effect, - the suspension of all or part of this Treaty as well as of the date on which it takes effect, - the extinction of this Treaty as well as of the date on which it takes effect;
(e) transmit certified copies of this Treaty Contracting States;
(f) exercise any other functions usually vested custodians.
In faith whereof the undersigned, duly invested with the requisite powers, sign this Treaty.
Done at Brussels on December 2, 2010, in a single original in languages French, Dutch and German, each version being equally authentic.

List of bound States States/OrganisationsDate authentificationType of consentementDate Consentemententree local force ALLEMAGNE02/12/2010Ratification01/10/201201/06/2013 Belgique02/12/2010Ratification30/04/201301/06/2013 FRANCE02/12/2010Ratification31/10/201201/06/2013 LUXEMBOURG02/12/2010Ratification24/01/201201/06/2013 country-BAS02/12/2010Ratification26/10/201201/06/2013 SUISSE02/12/2010Ratification13/03/201201/06/2013