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Decree No. 2005-1104 Of 5 September 2005 On The Publication Of The Agreement Between The Government Of The French Republic And The Swiss Federal Council On Cooperation In Aviation Security Against Non-Air Threats ...

Original Language Title: Décret n° 2005-1104 du 5 septembre 2005 portant publication de l'accord entre le Gouvernement de la République française et le Conseil fédéral suisse relatif à la coopération en matière de sûreté aérienne contre les menaces aériennes non...

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BUSINESS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , SWITZERLAND , COOPERATION , COOPERATION AGREEMENT , TRANSPORT , AERIEN TRANSPORT , AERIENNIUM , AERIENNIUM ,


JORF n°207 du 6 septembre 2005 page 14424
text No. 7



Decree No. 2005-1104 of 5 September 2005 on the publication of the agreement between the Government of the French Republic and the Swiss Federal Council on Air Safety Cooperation against Non-Military Air Threats, signed in Bern on 26 November 2004 (1)

NOR: MAEJ0530059D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/9/5/MAEJ0530059D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2005/9/5/2005-1104/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 2000-269 of 17 March 2000 on the publication of the convention between the States parties to the North Atlantic Treaty and other States participating in the partnership for peace on the status of their forces (as a whole an additional protocol), made in Brussels on 19 June 1995, Decree:

Article 1


The agreement between the Government of the French Republic and the Swiss Federal Council on cooperation in air safety against non-military air threats, signed in Bern on 26 November 2004, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


A C C O R D


BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE FEDRAL BOARD RELATING TO COOPERATION IN AIR ENVIRONMENTAL SAFETY
The Government of the French Republic and the Swiss Federal Council, below referred to as the "Parties",
Considering the 19 June 1995 convention between the States parties to the North Atlantic Treaty and other States participating in the Partnership for Peace on the Status of Their Forces (SOFA PpP) and the Additional Protocol of 19 June 1995 to the Convention between the States parties to the North Atlantic Treaty and other States participating in the Partnership for Peace on the Status of Their Forces;
Stressing the strategic importance of air space for the security of each State and its surroundings;
Desirous of defining an appropriate framework for aviation safety cooperation,
The following provisions were agreed:


Article 1
Definitions


In this Agreement, the following definitions are applicable:
1. Area of mutual interest: means the airspace located above the territories of the Parties.
2. Non-military aerial threat: means an aircraft that is a victim of hostile control or a civilian aircraft used for hostile purposes.
3. General aviation safety measures: means identification by technical means and classification.
4. Active air safety measures:
4.1. For the French Party:
(a) Recognition,
(b) Surveillance,
(c) The interrogation,
(d) The escort,
(e) The route constraint,
(f) The ban on overflight,
(g) Surrender,
(h) Semonce fire using infrared lures in the Swiss airspace;
4.2. For the Swiss Party:
(a) Identification by occupied aircraft, including recognition and monitoring under section 1, paragraph 4.1.,
(b) The intervention including interrogation, escort, route constraint, overflight ban and routing according to article 1, paragraph 4.1, as well as semonce firing using infrared lures in the French airspace.
5. Part of stay: means the Party in the national space of which the enforcement measures of this Agreement shall be taken.
6. Party of origin: means the Party to which the military aircraft under this Agreement belongs.


Article 2
Subject


1. The purpose of this Agreement is to establish the framework for cooperation between Parties in the field of aviation safety against non-military air threats. This cooperation aims to:
- facilitate the systematic exchange of information to enhance the knowledge of each Party, including the general air situation;
- improve the capacity of Parties to respond to a non-military air threat.
2. Under this Agreement, each Party shall endeavour to:
(a) Monitor the aerial approaches to the area of mutual interest of the Parties by carrying out the air safety measures defined in Article 1, paragraphs 3 and 4, of this Agreement,
(b) Identify and assess the threat,
(c) To provide the governmental 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) 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 3 and 4, of this Agreement.


Article 3
Sovereignty


The cooperation provided for in this Agreement shall be carried out in accordance with the respective sovereignty and competence of each Party.


Article 4
Cooperation


1. The measures taken under this Agreement shall include:
(a) All military means of the parties involved in air safety;
(b) All measures to oppose the illegal use of the zone of mutual interest by a non-military air threat. They include:
- the transit and waiting of any aircraft of one Party in the national airspace of the other Party,
- the diversion and delivery of any aircraft of any Party on an airport of the other Party,
- the flight supply of aeroplanes of the Parties in the airspace of one of them,
- the control of aircraft of one Party by an air control body of the other Party,
- the boarding of personnel or/and crews of the Parties on board aircraft of the other Party, as long as their presence is justified by an operational reason,
- the air safety measures defined in Article 1, paragraphs 3 and 4, of this Agreement.
2. Parties shall jointly determine the enforcement and implementation of cross-border air cooperation through the conclusion of technical arrangements.


Article 5
Implementation


1. The decision to implement an aircraft from one Party in the airspace of the other is subject to the authorization of the authority of the Party of origin of the aircraft. Once this authorization is issued, all active air safety measures defined in Article 1(4) of this Agreement shall be carried out, by order of the commitment authority of the Party of Stay.
The implementation of cross-border aviation safety measures requires coordination between tactical commands (TACOM) and a transfer of tactical control (TACON) of the Parties' air assets.
2. Semonce fire involving the use of weapons 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, after national authentication.
3. The military means of one of the Parties may, within the framework of this Agreement, circulate in the territory of the other Party by retaining their weapons and ammunition.
4. Parties undertake to conduct regular aviation safety exercises with border crossings.


Article 6
Safety and security of persons and property


1. The security of the equipment, weapons, ammunition, vehicles and 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.
2. Security is the responsibility of the Party of Residence. The armed forces of the Party of origin cooperate with the Party of stay in its security mission.


Article 7
Environmental Safety and Protection Consignees


The Parties shall adhere to safety and environmental protection instructions, as well as security instructions for their existing equipment, weapons, ammunition, vehicles and aircraft.


Article 8
Exchange of information


The exchange of information on the general air situation of each Party is defined in a technical arrangement. Parties shall exchange information and operational information that may enrich the knowledge of each.


Article 9
Expenditure


Each Party shall bear the expenses of its respective armed forces associated with the implementation of this Agreement.


Article 10
Status of forces


During the engagement of the armed forces of the Parties in relation to this Agreement, the provisions of the 19 June 1995 convention between the States Parties to the North Atlantic Treaty and other States participating in the Partnership for Peace on the Status of Their Forces and the 19 June 1995 Additional Protocol to the Agreement between the States Parties to the North Atlantic Treaty and other States participating in the Partnership for Peace on the Status of Their Forces are applicable.


Article 11
Investigation of an accident or an air incident


In the event of an incident or an air accident occurring in the national space 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.


Article 12
Health support


1. Members of the forces and civilian elements of the Party of origin have access to the necessary medical care, with the military or civilian health services of the Party of Residence, under the same conditions as members of the forces and the civilian elements of the Party of Residence.
2. Medical benefits under section 12, paragraph 1, are borne by the Party of stay until the patient is able to be repatriated; any additional care shall be borne by the Party of origin.


Article 13
Conflict


Each Party may unilaterally suspend this Agreement by notification to the other Party, in the event of war, state of siege, crisis or other grounds of national interest. The effects of the suspension may be immediate.


Article 14
Settlement of disputes


Disputes that may arise from the performance or interpretation of this Agreement shall be resolved through consultation between the Parties.


Article 15
Final provisions


1. This Agreement shall be ratified or approved by the Parties in accordance with their own procedures. Parties shall notify themselves of the fulfilment of the internal procedures necessary for the entry into force of this Agreement. The Agreement shall enter into force on the day following the day on which the second notification is received.
2. This Agreement may be amended at any time in writing by mutual agreement between the Parties.
3. This Agreement shall be valid for an indefinite period. Each Party may denounce it at any time by written notification to the other Party with a notice of six (6) months. Such denunciation shall not jeopardize the rights and obligations of the Parties arising from the cooperation under this Agreement.
Done in Bern, on 26 November 2004, in two copies, in French, the two texts being authentic.


Done in Paris, September 5, 2005.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

Minister of Foreign Affairs,

Philippe Douste-Blazy


For the Government

of the French Republic:

Jacques Rummelhardt,

Ambassador of France

Switzerland

For the Swiss Federal Council:

Samuel Schmid,

Federal Adviser


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