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Decree No. 2015-95 30 January 2015 On The Publication Of The Cooperation Agreement Between The Government Of The French Republic And The Swiss Federal Council Relating To Search And Rescue Of Aircraft In Distress, Signed In Paris...

Original Language Title: Décret n° 2015-95 du 30 janvier 2015 portant publication de l'accord de coopération entre le Gouvernement de la République française et le Conseil fédéral suisse relatif à la recherche et au sauvetage d'aéronefs en détresse, signé à Paris...

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AGREEMENT, INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , SWITZERLAND AVIATION , AERIEN TRANSPORT , AERONEF , AERONEF IN DETRESES , OPERATION OF RESEARCH , OVERVIEW , MUTUAL ASSISTANCE ,


JORF n°0027 du 1 février 2015 page 1533
text No. 5



Decree No. 2015-95 of 30 January 2015 on the publication of the cooperation agreement between the Government of the French Republic and the Swiss Federal Council on the search and rescue of aircraft in distress, signed in Paris on 30 June 2014 (1)

NOR: MAEJ1500905D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/1/30/MAEJ1500905D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/1/30/2015-95/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 47-974 of 31 May 1947 of the International Civil Aviation Convention signed in Chicago on 7 December 1944;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 84-26 of 11 January 1984 conducting searches and rescues of aircraft in distress in peacetime;
Vu le Decree No. 89-207 of 7 April 1989 issuing the agreement between the Government of the French Republic and the Swiss Federal Council on mutual assistance in the event of a disaster or serious accident, made in Bern on 14 January 1987,
Decrete:

Article 1


The cooperation agreement between the Government of the French Republic and the Swiss Federal Council on the search and rescue of aircraft in distress, signed in Paris on 30 June 2014, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex


    COOPERATION AGREEMENT
    ENTER THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE FEDRAL COUNCIL AS RELATING TO THE RESEARCH AND SAUVETAGE OF AERONEFS, SIGNED TO PARIS on 30 June 2014


    The Government of the French Republic, represented by the Director General of Civil Aviation, and the Swiss Federal Council, represented by the Director General of the Federal Office of Civil Aviation,
    below referred to as "Parties",
    Desirous of complying with the provisions of the International Civil Aviation Convention of the International Civil Aviation Organization (ICAO) of 7 December 1944, below referred to as "the Chicago Convention";
    Acknowledging the critical importance of cooperation between Parties in conducting search and rescue operations for aircraft in distress;
    Aware of the importance of cooperation in search and rescue and the provision of rapid and effective services;
    To have a comprehensive plan for the coordination, use of available resources, mutual assistance and improvement of search and rescue services;
    Aware of the difficulties posed by the delicate conditions in which search and rescue operations must be carried out, especially in mountainous areas;
    Emphasizing the usefulness of exchanging information and sharing experience in search and rescue and conducting joint exercises;
    Emphasizing the importance of a willingness of both Parties to cooperate across their borders on the principle of reciprocity;
    Considering Article 25 of the Chicago Convention;
    Considering the Annexes to the Chicago Convention, in particular Annex 9 "International Air Transport Facilitation" and Appendix 12 "Research and Rescue";
    In view of the International Aeronautical and Maritime Search and Rescue Manual referred to DOC 9731-AN/958, the following is referred to as the IAMSAR Manual;
    Having regard to Article 8 of the Agreement of 14 January 1987 between the Government of the French Republic and the Swiss Federal Council on Mutual Assistance in the Event of Disasters or Serious Accidents;
    Vu le Decree No. 84-26 of 11 January 1984 conducting searches and rescues of aircraft in distress in peacetime;
    Considering the instruction of 23 February 1987 on the organization and operation of search and rescue services for aircraft in distress (SAR) in peacetime;
    Having regard to Article 3b, letter c, of the Federal Aviation Act of 21 December 1948;
    Having regard to the Federal Order of 7 November 2001 concerning the Civil Aviation Search and Rescue Service;
    In light of the Federal Order of 17 March 1955 concerning the organization and operation of the Civil Aviation Search and Rescue Service,
    agreed that:


    Article 1
    Definitions


    Aeroplanes in distress: an aircraft is in distress when the aircraft and its occupants run or are presumed to be in danger of grave and/or imminent danger and immediate assistance is required;
    Rescue Coordination Centre (International Sigle: RCC): an organization responsible for ensuring the effective organization of search and rescue services and coordinating operations within a search and rescue region. For the purposes of this Agreement, the definition of RCC covers the concept of secondary Rescue Centre (International Sigle: RSC, a body subordinate to a rescue coordination centre and created to support it in accordance with the specific provisions established by the responsible authorities);
    Search and rescue means (international SAR - SAR means): any mobile resource, including designated search and rescue units, used to conduct search and rescue operations;
    Party of shipment: Party whose competent authorities respond to a request from the other Party relating to the sending of SAR means;
    requesting Party: Party whose competent authorities request the other Party to send SAR means;
    Dispatch RCC: RCC of the Party following a request from the RCC of the other Party relating to the sending of SAR means;
    RCC Requesting: RCC of the Party requesting RCC from the other Party to send SAR means;
    Search and Rescue Region (International SRR Sigle): defined area of dimensions, associated with a rescue coordination centre, within which search and rescue services are provided;
    Search and Rescue Unit (SAR unit): unit consisting of trained personnel and equipped with equipment suitable for the rapid execution of search and rescue operations.


    Article 2
    Scope


    2.1 This Agreement sets out the conditions under which parties mutually assist in a search and rescue operation of aircraft in distress (hereinafter referred to as "SAR"), within their respective capabilities.
    2.2 Each Party undertakes to implement the provisions of this Agreement in the RRS(s) responsible to it and in the RRS(s) of the other Party.
    2.3 The delimitations of the RRS(s) of each Party are listed in Appendix 1 to this Agreement.


    Article 3
    Authorization


    3.1 In order to ensure the implementation of this Agreement, an authorization shall be granted by the CCR of one Party whenever one or more aircraft of the other Party requests to enter its territory for the purpose of assisting in the event of an aircraft in distress.
    3.2 This authorization contains the operational and technical aspects of flights engaged in a SAR operation or in the ongoing collaboration provided for in Article 9 of this Agreement.
    3.3 The application for authorization to enter the territory is made with the organization referred to in Appendix 2 to this Agreement.


    Article 4
    Scope of assistance


    Parties undertake to comply with Annex 12 to the Chicago Convention and to cooperate in accordance with this Agreement.


    Article 5
    Mutualization of SAR means


    In order to ensure mutual support during a joint SAR operation, Parties share the appropriate SAR capabilities in the RRS concerned.


    Article 6
    Communication procedures


    Parties shall develop communication procedures in accordance with the IAMSAR Manual in order to coordinate the means to intervene in a joint SAR operation. These communication procedures shall ensure coordination between CCRs of the Parties.


    Article 7
    Request for assistance


    7.1 By derogation from Article 3, paragraph 1, of the Agreement of 14 January 1987 between the Government of the French Republic and the Swiss Federal Council on Mutual Assistance in the Event of Disasters or Serious Accidents, the RCCs of the two Parties are the competent authorities to issue and receive requests for assistance under this Agreement.
    7.2 At any time, the RCC providing management of the SAR operation may seek assistance from the other RCC's SAR means. To this end, the Requesting CCR provides the applicant with all information relevant to the intervention. The sending CRO affects the SAR resources available to the operation.
    7.3 Where the SAR means of one of the two Parties are to participate in a SAR operation within or above the territory of the other Party, the RCC applicant shall immediately notify the authorities responsible for the monitoring of its territory.


    Article 8
    Use of SAR means


    8.1 The procedures for the provision of aircraft during a SAR operation and the procedures for crossing the border by SAR units are detailed in Appendix 3 to this Agreement.
    8.2 The Grievor RCC sets out specific procedures in accordance with Appendix 3 to this Agreement allowing the entry or overflight of its territory to be authorized by the forwarding CCR aircraft as quickly as possible.
    8.3 As soon as they are deployed, SAR units report to the RCC requesting their quality and make available to the RCC until the end of the SAR operation. Assistance as set out in this Article shall involve the Parties until the end of the SAR operation. However, in the event of a need, the forwarding CCR may resume control of its SAR assets at any time after notification to the requesting CCR.


    Article 9
    Continuous cooperation


    9.1 Apart from activities strictly related to SAR operations, Parties continue their cooperation efforts by:
    (a) mutual visits by the SAR personnel of the Parties;
    (b) joint exercises;
    (c) the implementation of SAR procedures, techniques, equipment or means;
    (d) the exchange of information on the SAR service;
    e) the establishment of one or more SAR committees to facilitate sustained cooperation in improving the efficiency of SAR services.
    9.2 This cooperation is carried out in accordance with the terms of this Agreement, particularly in respect of compensation in joint exercises.


    Article 10
    General terms


    10.1 Each Party undertakes to:
    (a) Keep readily accessible information on the availability of any SAR or other resources that may be necessary for the application of this Agreement;
    (b) keep the other Party fully and promptly informed of all SAR operations of mutual interest or that may include the use of SAR means of the other Party;
    (c) authorize its CCR(s) to request assistance through the CCR(s) of the other Party and to provide any relevant information on the distress situation and the extent of the necessary assistance;
    (d) authorize its CCR(s) to respond promptly to a request for assistance from a CCR of the other Party;
    (e) authorize its or its CCRs to make the necessary arrangements, promptly or in advance, with the other national authorities for the entry into its territory of the other Party's SAR means (including overflight or landing of aircraft and similar provisions for terrestrial or marine SAR units) in accordance with the circumstances, for fuel, medical assistance or appropriate operational support, and available, or in response to a request,
    10.2 In the event of force majeure, each Party may suspend the cooperation procedures provided for in this Agreement on a particular operation.


    Article 11
    Response expenses


    11.1 Each Party shall fund its own activities in relation to the implementation of this Agreement, unless different provisions have been made before the Parties and, in any event, shall not leave a question of reimbursement of costs to delay assistance to persons in distress.
    11.2 During the duration of a SAR operation on the territory of the requesting Party, the SAR units of the sending Party are fed, hosted and provided with means of supply by the requesting authorities as necessary. In addition, these units receive any necessary medical assistance.
    11.3 In the event of partial or total recovery by the requesting Party to the natural or legal person responsible for the event that caused the intervention of the sending Party, expenses incurred by the sending Party, such expenses shall be reimbursed to the sending Party.
    11.4 As part of ongoing cooperation, each Party shall bear its own costs.


    Article 12
    Facilitation


    Parties undertake to comply with Annex 9 to the Chicago Convention, in particular paragraphs 8.3 to 8.6 on the facilitation of search, rescue, recovery and accident investigations.


    Article 13
    Compensation


    13.1 The provisions relating to compensation as stipulated in Article 11 - Compensation - of the Agreement of 14 January 1987 between the Government of the French Republic and the Swiss Federal Council on Mutual Assistance in the Event of Disaster or Serious Accident are applicable in this Agreement.
    13.2 These provisions also apply to SAR exercises, as provided for in Article 9.1 (b) of this Agreement.


    Article 14
    Resolution of disputes


    Any dispute between the Parties concerning the interpretation, application or enforcement of this Agreement, including its existence, validity or termination, and not to be resolved within six months by direct negotiations between the Parties shall be subject to arbitration in accordance with the optional regulations of the Permanent Court of Arbitration for Dispute Arbitration between two States.


    Article 15
    Denunciation


    This Agreement shall be concluded for an indefinite period. Each Party may denounce it at any time by written notification to the other Party. This denunciation takes effect three months after the date of receipt of the notification.


    Article 16
    Amendments


    16.1 This Agreement may be amended at any time, by mutual agreement, by the Parties.
    16.2 This Agreement may be specified or supplemented by arrangements between the competent administrations of the two Parties.


    Article 17
    Annexes


    17.1 The Annexes are not part of this Agreement and may be amended at any time by the aeronautical authorities of the Parties that keep them up to date, in particular information relating to points of contact and SAR services whose changes should be reported as soon as possible.


    Article 18
    Entry into force


    This Agreement shall enter into force on the date of its signature.
    In faith, the undersigned, duly authorized, have signed this Agreement.
    Done in Paris on 30 June 2014, in original duplicate, in French.


    For the Government of the French Republic:
    P. Gandil
    Director General of Civil Aviation


    For the Swiss Federal Council:
    P. MÜLLER
    Director General of the Federal Office of Civil Aviation


Done on January 30, 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius

(1) Entry into force: 30 June 2014.
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