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29 AVRIL 2013. - An Act to approve the Treaty on the Establishment of the Functional Airspace Block "Central Europe" 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, made in Brussels on 2 December 2010 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Treaty on the Establishment of the Functional Airspace Block "Central Europe" 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, made in Brussels on 2 December 2010, will come out its full effect.
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 on 29 April 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
Minister of Defence,
P. DE CREM
The Secretary of State for Mobility, Deputy Minister of the Interior,
Mr. WATHELET
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
Senate.
Documents. - Bill tabled on 20 December 2012, No. 5-1913/1. Report, No. 5-1913/2.
Annales parliamentarians. - Discussion and voting. Meeting of January 24, 2013.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 53-2618/1. - Report made on behalf of the Commission, No. 53-2618/2. - Text adopted in plenary and subject to Royal Assent, No. 53-2618/3.
Annales parliamentarians. - Discussion and voting. Session of March 7, 2013.

Treaty on the establishment of the functional air space block "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
the Federal Republic of Germany,
the Kingdom of Belgium,
the French Republic,
the Grand Duchy of Luxembourg,
the Kingdom of the Netherlands
and
Switzerland
The Contracting States,
Considering the regulations of the European Parliament and the Council of the European Union concerning the European Single Sky, the relevant enforcement measures, the declaration of the Member States on the military issues related to the European Single Sky and the Agreement between the European Community and the Swiss Confederation on Air Transport;
Considering the feasibility study of the functional airspace block "Europe Central" (Functional Airspace Block Europe Central, FABEC) of 18 September 2008;
Considering the joint statement of intent on the creation of a functional air space block "Europe Central" of November 18, 2008;
Considering that the airspace above the territory of the FABEC Contracting States and that under their responsibility constitute one of the most complex areas of air traffic in Europe;
Considering that a more integrated approach to air traffic management is an essential step to meet the needs of civilian and military air traffic in this area;
Considering that close cooperation between air navigation service providers meets the needs of civilian and military air traffic in this area;
Considering that the creation of the FABEC necessarily involves the improvement and increase in the provision of cross-border air navigation services;
Considering the spirit of culture just advocated by international and European legislation;
Whereas by creating the FABEC independently of existing borders, the Contracting States aim to achieve an optimal level of capacity, efficiency and efficiency of the air traffic management network while maintaining a high level of safety;
Convinced of value added by the creation of the FABEC in the area of sustainable development;
The following agreed:
CHAPTER I^er. - General principles
Article 1^er. - Definitions
Unless otherwise provided, the terms used in this Treaty shall have the meaning assigned to them by the applicable definitions derived from the European Single Sky regulations in force in the Contracting States. For the purposes of this Treaty:
(a) "Treaty" means this Treaty and any amendment that may be made therein, unless otherwise provided;
(b) "aerial space concerned" means the airspace above the territory of the Contracting States and that under their responsibility in accordance with the rules of the International Civil Aviation Organization (ICAO), as defined in Article 3 of this Treaty;
(c) "The Chicago Convention" means the International Civil Aviation Convention, 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 amendment adopted under Article 90 of the Chicago Convention, provided that the international standards referred to in Article 37 of the Chicago Convention and contained in such an Annex or such amendment are in force in all Contracting States;
(d) "cross-border zone" means air space above international borders and reserved for the exclusive use of specific users for a specified period of time;
(e) "functional air space block "Central Europe" (FABEC)" means the functional air space block established by the Contracting States under this Treaty;
(f) "operational air traffic (1)" means flights that are not carried out in accordance with the provisions regulating general air traffic and for which rules and procedures have been arrested by the competent national authorities. may be considered to be operational air traffic, some civilian flights such as test flights whose operational requirements require certain deviations from ICAO regulations;
(g) "state aircraft": aircraft used in military, customs or police services are considered state aircraft;
(h) "Tactical control service" means the provision by the military of operational air traffic services to enable the fulfilment of the assigned mission and to ensure that, at any time, adequate separation between aircraft is maintained;
(i) "territory" means adjacent land areas and territorial waters that, under international law, fall under the sovereignty of a Contracting State.
Article 2. - Purpose of this Treaty
(1) This Treaty establishes the FABEC and, to ensure its governance, the FABEC Council.
(2) This Treaty does not create an international organization enjoying international legal personality.
(3) This Treaty sets out the general conditions and governance under which contracting States shall ensure the management of air traffic and the provision of air navigation services in the relevant airspace.
(4) This Treaty sets out the framework within which specific technical and operational arrangements must be established covering the areas of intervention of air navigation service providers.
Article 3. - Scope of application
(1) This Treaty applies to the applicable airspace, which includes the following flight information regions (IRFs) and the following upper flight information regions (IRUs) of continental Europe:
(a) FIR Bremen;
(b) FIR Langen;
(c) FIR München;
(d) IU 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 the Netherlands, this Treaty applies only to the part of the Kingdom of the Netherlands located in Europe.
Article 4. - Sovereignty
(1) Where an IRB or IU extends within the airspace of another Contracting State, the sovereignty of the Contracting State concerned in relation to that portion of airspace over its territory is not affected.
(2) The provisions of this Treaty shall apply without prejudice to the competence of the Contracting States which are subject to security and military interests.
Article 5. - State aircraft
(1) Unless otherwise agreed or 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 issuance of diplomatic or special authorizations for military training activities conducted in the relevant airspace.
Article 6. - FABEC objective
The objective of the FABEC is to achieve optimal performance in areas related to security, sustainable development, capacity, economic efficiency, the effectiveness of flights and the effectiveness of military missions by organizing air space and air traffic management, regardless of existing boundaries, in the relevant airspace.
Article 7. - Commitments of Contracting States
(1) In order to achieve the objective of the FABEC, the Contracting States undertake to cooperate and take appropriate measures, in accordance with their national procedures, in particular in the following areas:
(a) airspace;
(b) harmonization of rules and procedures;
(c) 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 FABEC Council and undertake to establish at the national level the necessary rules and procedures.
(3) The Contracting States shall ensure the implementation of this Treaty.
CHAPTER II. - Air space
Article 8. - FABEC air space
(1) The Contracting States shall jointly ensure the organization and management of an air space forming a continuum as well as the coordinated management of air traffic flows and capacity, taking due account of international consultation processes, regardless of existing borders.
(2) The Contracting States shall in particular:
(a) the development of a common air space policy, in close cooperation between civil and military authorities;
(b) the design of the structure of the air space concerned to promote dynamic defragmentation and sectorization;
(c) review of the changes in the relevant air space that have an impact on performance at the CEF level;
(d) coordination with EUROCONTROL;
(e) consultation of air space users, if necessary;
(f) the coordinated establishment of cross-border areas.
Article 9. - Flexible air space management
(1) The Contracting States shall cooperate at the legal, operational and technical levels with a view to the effective and coherent application of the concept of flexible air space management, taking into account both civil and military requirements.
(2) The Contracting States shall ensure that common agreements and procedures are established between civilian and military air traffic service 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 common function of air space management is established between civilian and military air traffic service providers at the pre-tactic level.
(5) The Contracting States shall ensure that coordination between air traffic 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 harmonize their physical and procedural rules 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 air traffic service providers of the relevant airspace develop and implement a common global security management system.
(4) The Contracting States coordinate the classification of the various portions of the air space concerned in accordance with the European specifications and ensure that the differences in practices exist between them.
CHAPTER IV. - Provision of air navigation services
Article 11. - Air navigation services
The Contracting States shall provide the following air navigation services:
(a) Air traffic services;
(b) Communications, navigation and surveillance services;
(c) aeronautical information services;
(d) meteorological services.
Article 12. - Air traffic services
(1) The Contracting States shall jointly designate, by means of a common instrument, the air traffic service providers of the air space concerned.
(2) The air traffic service providers of the relevant airspace are, if not designated in accordance with paragraph 1, jointly designated by the Contracting States upon notification of the Contracting State concerned, provided that they provide only one or more of the following services:
(a) airfield flight information services;
(b) air traffic services limited to an aerodrome control area;
(c) Air traffic services under military surveillance.
(3) Paragraphs 1 and 2 shall apply without prejudice to arrangements or agreements relating to the provision of 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 mutually reinforce the rights and obligations applicable at the national level to the designated air traffic service providers and any amendments to their certification or legal status.
(5) The Contracting States shall jointly inform the European Commission and other member States of any decision taken under this article concerning the designation of air traffic service providers.
(6) The contracting States encourage close cooperation between air traffic service providers.
Article 13. - Communications, navigation and surveillance services
The contracting States shall endeavour to achieve common technical systems and to deploy at the best possible cost an infrastructure for the provision of communication, navigation and surveillance services by civilian air navigation service providers.
Article 14. - Aeronautical Information Services
The Contracting States cooperate in the field of aviation information and coordinate the provision of aeronautical information services.
Article 15. - Weather Services
(1) The contracting States shall cooperate among the aviation meteorological service providers.
(2) Each Contracting State shall designate the aeronautical meteorological service provider on an exclusive basis and shall inform the FABEC Council.
Article 16. - Relationship between service providers
(1) The Contracting States shall ensure that air navigation service providers formalize the labour relations deemed necessary for the coordination of their services in the airspace concerned by means of written agreements or legally equivalent arrangements.
(2) Written agreements or legally equivalent arrangements between air traffic service providers related to cross-border services in the relevant airspace are approved by the Contracting States concerned, after consultation with the FABEC Council. Once approved, they are communicated to the FABEC Council.
(3) In the event that written agreements or legally equivalent arrangements are concluded with neighbouring States relating to the provision of air traffic services outside the airspace concerned, the contracting State(s) concerned shall ensure that such written agreements or legally equivalent arrangements do not affect this Treaty and are communicated to the Council of the FABEC.
CHAPTER V. - Principles governing civil-military cooperation
Article 17. - Military activities
(1) With due regard to the principles of flexible air space management and in accordance with existing national arrangements and international agreements, the Contracting States concerned shall conclude, if necessary, written arrangements for the conduct of military training activities in the relevant airspace regardless of the existing boundaries.
(2) The Contracting States concerned authorize a military or civilian air traffic service provider of another Contracting State concerned to provide cross-border air traffic services to State aircraft operating both in general air traffic and in operational air traffic, in accordance with appropriate written arrangements communicated to the FABEC Council.
(3) The Contracting States concerned authorize the provision of tactical control services to operational air traffic by air defence agencies and tactical command and air control agencies of another Contracting State concerned, in accordance with the appropriate written arrangements communicated to the FABEC Council.
(4) With regard to the provision of cross-border services in the relevant airspace, the contracting States encourage close cooperation between the civilian and military air navigation service providers and the respective air defence and tactical air command and control agencies.
(5) The Contracting States shall endeavour to harmonize the relevant civil and military arrangements with a view to facilitating civil-military cooperation, in particular in the field of security.
CHAPTER VI. - Redevances
Article 18. - Royalty policy
(1) The Contracting States shall develop and apply common principles governing the policy of royalties in the airspace concerned, taking into account the possibility of national exemptions.
(2) The Contracting States intend to apply a single unitary rate for on-going traffic in the relevant airspace and endeavour to establish a common tariff area there.
(3) The FABEC Council decides on the introduction, conditions and application of a single unit rate for on-road traffic in the relevant airspace and the establishment, in this airspace, of a common tariff area.
(4) The single unit rate proposed jointly for on-going traffic in the relevant airspace is subject, after the decision of the FABEC Council, to the competent organ of EUROCONTROL for fixation.
(5) Prior to the introduction and application of a single unitary rate for on-going traffic in the relevant airspace, the contracting States shall coordinate their unit rates for on-going traffic in the relevant airspace of the FABEC Council.
(6) The contracting States are particularly responsible for:
(a) to jointly implement the required obligations arising from a common tariff area for on-road traffic in the relevant airspace;
(b) conclude appropriate arrangements to ensure consistency and consistency in the application of royalty rules and regulations;
(c) to jointly ensure, where appropriate, coordination with EUROCONTROL.
CHAPTER VII. - Monitoring
Article 19. - Monitoring of air navigation service providers
(1) The Contracting States shall ensure that national monitoring authorities cooperate closely in the monitoring of air navigation service providers in the relevant airspace and that their practices are harmonized.
(2) The contracting States shall mutually recognize the monitoring tasks carried out by their national supervisory authorities and the results of these tasks.
(3) The Contracting States shall ensure that their national supervisory authorities enter into agreements for the cooperation referred to in paragraph 1, including an arrangement for the treatment of cases of non-compliance with the applicable common requirements and mutual recognition of the control tasks and the results of such tasks. These agreements may include an arrangement on the sharing of responsibilities for oversight tasks. They are communicated by the national monitoring authorities concerned to the FABEC Council.
(4) The national monitoring authority that has certified the air navigation service provider providing cross-border services in the relevant airspace is responsible for the monitoring of this air navigation service provider in close cooperation with the national surveillance authorities of the or other Contracting States concerned.
(5) In the event that the Contracting State over whose territory the air navigation services referred to in paragraph 4 are provided requires that its own national supervisory authority exercise control, the national supervisory authorities shall agree on the conditions of control.
(6) The Contracting States concerned shall ensure that their national supervisory authorities establish a common mechanism for the exchange of information, consultation and coordination in the provision of cross-border services to ensure that the necessary corrective measures are taken without delay.
(7) The Contracting States shall ensure that the decisions taken under this article are implemented.
(8) As a last resort, each Contracting State retains the right to suspend or revoke the approval granted under Article 16, paragraph 2, after having duly informed the Contracting State concerned and the Council of the FABEC.
CHAPTER VIII. - Performance
Article 20. - Performance system
(1) The contracting States implement a performance system for the FABEC and implement a performance plan for the FABEC compatible with the uni-European performance objectives and taking into account military needs. This performance plan is approved by the FABEC Council.
(2) The performance plan includes the FABEC performance objectives for at least the following key areas of performance:
(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 key performance areas for a defined benchmark period.
(4) The performance plan includes incentive mechanisms for the FABEC.
(5) The FABEC Council decides on the implementation and elements of the FABEC performance plan.
(6) Pre-implementation of the FABEC performance plan, the FABEC Council sets performance targets at the FABEC level and coordinates national performance plans.
(7) The development of the performance plan is the subject of consultation with interested parties.
(8) The Contracting States shall ensure that the implementation of the FABEC performance plan is monitored and that corrective measures are taken if necessary.
(9) The Contracting States regularly assess the design and operation of the performance system of the FABEC and, if necessary, take corrective measures.
CHAPTER IX. - Governance
Article 21. - FABEC Council
(1) The FABEC Council shall consist of the following representatives of each Contracting State:
a) a representative of the civil aviation authority, and
(b) a representative of the authority responsible for military aviation.
(2) At the invitation of the FABEC Council, other participants may attend its meetings as observers.
Article 22. - Functions of the FABEC Council
(1) The FABEC Council directs the FABEC.
(2) In order to comply with the commitments made by the Contracting States under this Treaty, the Council of the FABEC shall take any decision to:
(a) 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) agree on the common organization and strategy for the relevant airspace;
(d) define the terms of cooperation in the application of the concept of flexible air space management;
(e) support the harmonization of material rules and procedures;
(f) Facilitate the joint designation process of air traffic service providers;
(g) adopt the applicable royalty policy in the relevant airspace and set the single unit rate for on-road traffic in the relevant airspace;
(h) support the development and implementation of a common global security management system;
(i) define strategic objectives for the development of the FABEC, evaluate the results achieved and take appropriate action if necessary;
(j) approve the corresponding performance plan and performance objectives;
(k) adopt its rules of procedure, that of committees, working groups and that of the Air Navigation Services Advisory Commission;
(l) establish other committees other than those established by this Treaty and establish working groups to assist it in specific areas, and approve the proposals of committees and working groups;
(m) 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 respect to the application of international agreements with regard, in particular, to the work of ICAO, EUROCONTROL, the European Commission, the European Aviation Safety Agency and joint ventures in the field of air traffic management;
(o) facilitate the settlement of disputes between Contracting States;
(p) 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 the coherence between this Treaty and any amendments to the Single European Heaven Regulations;
(s) to propose amendments to this Treaty;
(t) ensure, where necessary, consultation with air navigation service providers, air space users and other interested parties.
Article 23. - Operation
(1) The Council of the FABEC shall be chaired by one of the Contracting States.
(2) The decisions of the FABEC Council are taken unanimously. Each Contracting State shall have one vote. The decisions of the FABEC Council are considered to be decisions of the representatives of the Contracting States.
(3) Decisions shall take effect two months after the day of their adoption, unless a Contracting State informs the other Contracting States, within two months of the adoption of a decision, that it may only implement it 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 FABEC Council set out the terms and conditions for, in particular, the convening of meetings, the prior dissemination of the agenda, the designation and duration of the term of office of the President and the voting procedure, including the possibility of making decisions by correspondence.
(5) The FABEC Council shall meet on the convocation of its President, at least twice a year and more if necessary. Each Contracting State is authorized to request a meeting.
Article 24. - Committees and working groups
(1) In order to achieve the objective of the FABEC and to assist the FABEC Council, an Airspace Committee, an Advisory and Harmonization Committee, a Finance and Performance Committee and a National Monitoring Authorities Committee are established. The FABEC Council may establish other committees and establish working groups.
(2) Committees and working groups consist of civilian and military experts appointed by the Contracting States.
(3) Upon invitation from committees or working groups, other participants may attend their meetings as observers.
(4) Unless otherwise provided by the rules of procedure or otherwise decided by the FABEC Council, the committees and working groups report directly and exclusively to the FABEC Council.
Article 25. - Air Space Committee
The Airspace Committee assists the FABEC Council in the implementation of Articles 8 and 9 and performs the other tasks entrusted to it.
Article 26. - Advisory and Harmonization Committee
The Advisory and Harmonization Committee assists the Council of the FABEC in the implementation of Articles 10 and 12 and performs the other tasks entrusted to it.
Article 27. - Finance and Performance Committee
The Finance and Performance Committee assists the FABEC Council in the implementation of Article 18 and, where appropriate, of Article 20 and performs the other tasks entrusted to it by the FABEC Council.
Article 28. - Committee of National Monitoring Authorities
Without prejudice to Article 24, paragraph 4, and to the specific responsibilities entrusted directly to the national supervisory authorities, the Committee of National Supervisory Authorities shall assist the Council of the FABEC in the implementation of Article 19 and, where appropriate, of Article 20 and shall carry out the other tasks entrusted to it.
CHAPTER X. - Consultation of Air Navigation Service Providers
Article 29. - Advisory Commission on Air Navigation Services
(1) The Air Navigation Services Advisory Commission is established to consult air navigation service providers on issues related to the provision of services within the FABEC.
(2) The Advisory Commission on Air Navigation Services is composed of:
(a) representatives of the FABEC Council, and
(b) representatives of air navigation service providers.
(3) At the invitation of the FABEC Council, other participants may attend meetings as observers.
(4) The proceedings of the Advisory Commission on Air Navigation Services are communicated to the FABEC Council.
CHAPTER XI. - Accountability
Article 30. - Liability regime
(1) Any Contracting State shall indemnify the damage as referred to in paragraph 4, where it:
(a) occurred in the airspace above its territory or under its responsibility in accordance with ICAO rules, and
(b) was caused by the fault of a designated air traffic service provider in accordance with Article 12, other than the provider whose main place of operation is located in the territory of the Contracting State concerned, by that of its agents, or by that of any other person acting on behalf of that service provider.
The air traffic service provider referred to in letter b is described below as the actual air traffic service provider.
(2) No direct action may be taken against the actual service provider of air traffic, its agents, or against any person acting on behalf of that service provider.
(3) The right to compensation referred to in paragraph 1^er ceases if no action is filed within two years of the date on which the court decision in paragraph 4 has become final.
(4) Compensation referred to in subsection 1^er may only be the subject of a claim for damages that have not been compensated by a court decision that has become final in accordance with specific national or international legislation or regulations. A decision is considered final when it is no longer subject to appeal under national or international legislation or regulations.
(5) The claim under subsection 1^er and 4 is introduced to the Contracting State concerned. The competent authority shall examine the application and decide on it in accordance with the appropriate material law of the Contracting State concerned. If there is no agreement on the application, the dispute shall be decided by the competent court of the Contracting State concerned, in accordance with its appropriate material law rules.
(6) The effective service provider of air traffic shall reimburse the Contracting State concerned for any compensation or costs incurred by the latter in accordance with paragraph 1^er. The Contracting State of the effective service provider of air traffic shall ensure that it fulfils this obligation and, in the event of a failure of the latter, shall replace it at the first request for reimbursement made by the Contracting State concerned.
(7) Any dispute relating to the reimbursement referred to in paragraph 6, opposing the Contracting State of the effective service provider of air traffic to the Contracting State referred to in paragraph 1^er, may be subject, by one of the two Contracting States, to arbitration in accordance with the "Optional Regulations of the Permanent Court of Arbitration for Arbitration of Disputes Between Two States". The appropriate rules of substantive law referred to in paragraph 5 shall apply to the dispute. Section 32, paragraphs 3 and 4, is applicable.
(8) Nothing in this Treaty shall prevent the Contracting State referred to in paragraph 1^er and the Contracting State of the effective service provider of air traffic agree to share the costs resulting from the damage referred to in paragraph 1^er.
(9) Nothing in this Treaty shall limit the right of a Contracting State or an effective service provider of air traffic to appeal against any other natural or legal person.
(10) Any information relating to a claim for compensation referred to in paragraphs 1 shall be exchanged as soon as possible.^er and 4, as well as its final settlement.
(11) Designated air traffic service providers have appropriate liability coverage under this Treaty in order to meet the requirement under paragraph 6.
(12) This Article shall apply without prejudice to international agreements concerning 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 apply to the provisions governing liability in any agreement between two Contracting States concerning the provision of air traffic services.
CHAPTER XII. - Accidents and serious incidents
Article 31. - Investigation of accidents and serious incidents
(1) In the event of a serious accident or incident as defined by the Chicago Convention in the relevant airspace, the Contracting State conducting the investigation shall immediately inform the FABEC Council if it detects weak points at the FABEC level.
(2) Communications, notifications and reports relating to the investigation of accidents and serious incidents are in the English language or in one of the national languages of the Contracting States and accompanied by an English-language translation.
(3) The provisions of this article shall apply to the provisions governing the investigation of serious accidents and incidents contained in any agreement between two Contracting States concerning the provision of air navigation services, in the event of a difference.
CHAPTER XIII. - Institutional arrangements
Article 32. - Settlement of disputes
(1) Any dispute between Contracting States concerning the interpretation, application or enforcement of this Treaty, including its existence, validity or termination, and which may not be resolved within six months by direct negotiations between the Contracting States concerned or by any other means, shall be submitted to the FABEC Council.
(2) If the dispute cannot be settled by the FABEC Council within three months of its referral, each of the Contracting States concerned may submit it to arbitration in accordance with the "Optional Rules of the Permanent Court of Arbitration for Arbitration of Disputes Between Two States".
(3) The common costs of arbitration shall be borne equally by the Contracting States parties to the arbitration proceedings.
(4) The decisions of the arbitral tribunal shall bind Contracting States parties to the dispute.
Article 33. - Accession to this Treaty
(1) This Treaty is open to accession. Any State wishing to become a party to this Treaty shall submit its application for accession to the Depositary.
(2) The conditions of accession, as well as any amendment to this Treaty, shall be the subject of 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 have complied with their respective constitutional provisions for this purpose.
(3) The Treaty of Accession comes into force on the first day of the second month following the deposit of the last instrument of ratification with the Depositary.
(4) The FABEC Council shall take all necessary measures by such 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 FABEC and notify the Depositary of its decision.
(2) The denunciation takes effect one year after the date of receipt of the notification to the Depositary.
(3) The FABEC Council shall take all necessary measures by such denunciation.
(4) The Contracting State which denounces this Treaty shall bear in principle the costs arising from this denunciation. The financial consequences resulting from the denunciation are determined in a particular agreement between that State and the other Contracting States. The right of denunciation of the Contracting State may not be affected.
(5) The denunciation does not exempt the Contracting State from its obligations under paragraph 4 and article 32.
Rule 35. Amendments to this Treaty
(1) If a Contracting State wishes to amend this Treaty, it shall duly inform the Council of FABEC.
(2) Any amendment to this Treaty shall be accepted by the Contracting States, on the proposal of the FABEC Council.
(3) Any amendment accepted shall be ratified by the Contracting States after they have complied with their respective constitutional provisions.
(4) Any amendment shall enter into force on the first day of the second month following the deposit of the last instrument of ratification with the Depositary.
Article 36. - Extinction and suspension of this Treaty
(1) The Contracting States may at any time decide unanimously to terminate this Treaty.
(2) The termination procedure shall be initiated by the filing of a written declaration with the Depositary by all Contracting States stipulating that this Treaty shall terminate a date determined by the Contracting States.
(3) The Contracting States jointly determine and distribute the costs generated by extinction.
(4) Each Contracting State has the right to suspend immediately 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 of it.
(5) The Contracting State which suspends the application of all or part of this Treaty shall endeavour to terminate the suspension as soon as possible. It shall immediately inform the other Contracting States of its decision and notify the Depositary of it.
(6) The Contracting State which suspends the application of all or part of this Treaty shall in principle bear the costs. The financial consequences resulting from the suspension shall be determined in a particular agreement between that State and the other Contracting States.
(7) The termination and suspension did not exempt the Contracting States concerned from their obligations under Article 32.
Article 37. - Registration to the International Civil Aviation Organization
This Treaty and any subsequent amendments shall be registered with ICAO in accordance with the provisions of Article 83 of the Chicago Convention.
Article 38. - Entry into force of this Treaty
This Treaty comes into force on the first day of the second month following the deposit of the last instrument of ratification with the Depositary.
Article 39. - The Depositary and its function
(1) The Government of the Kingdom of Belgium is the Depositary of this Treaty. The instruments of ratification are deposited with the Government of the Kingdom of Belgium.
(2) The Depositary:
(a) inform the Contracting States:
- the deposit of each instrument of ratification and the date on which the deposit was made,
- the date of entry into force of this Treaty and any amendment,
- any candidature of a State for accession to this Treaty,
- any denunciation of this Treaty by a Contracting State, the date of such denunciation and the date on which it takes effect;
(b) register this Treaty and any subsequent amendment to ICAO;
(c) inform the European Commission of the date of entry into force of this Treaty and any subsequent amendments;
(d) inform ICAO and the European Commission:
- any accession to this Treaty and the date on which it takes effect,
- any denunciation of this Treaty and the date on which it takes effect,
- the suspension of all or part of this Treaty and the date on which it takes effect,
- the termination of this Treaty and the date on which it takes effect;
(e) transmit certified copies of this Treaty to the Contracting States;
(f) performs any other function normally vested in the depositaries.
In faith, the undersigned, duly invested in the necessary powers, sign this Treaty.
Done in Brussels on 2 December 2010, in a single original in French, Dutch and German, each version being equally authentic.

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