Key Benefits:
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. 63-332 of 19 March 1963 publishing the International Cooperation Convention for the Safety of Air Navigation Eurocontrol of 13 December 1960;
Vu le Decree No. 88-1009 of 25 October 1988 Publication of the Protocol amending the International Convention for Cooperation in the Safety of Air Navigation "Eurocontrol" of 13 December 1960, made in Brussels on 12 February 1981, the Multilateral Agreement on Road Charges, made in Brussels on 12 February 1981, and the Protocol Amending the Additional Protocol to the International Convention for the Safety of Air Navigation "Eurocontrol", signed in Brussels on 21 November 1978;
Vu le Decree No. 2000-269 of 17 March 2000 publishing the convention between the States parties to the North Atlantic Treaty and the 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;
Vu le Decree No. 2004-115 of 2 February 2004 publishing the agreement between the Government of the French Republic and the Swiss Federal Council on the joint training and training activities of the French armies and the Swiss army, signed in Bern on 27 October 2003;
Vu le Decree No. 2013-1062 of 25 November 2013 publication of the Treaty on the Establishment of the Functional Airspace 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, signed in Brussels on 2 December 2010,
Decrete:
The agreement between the Government of the French Republic and the Swiss Federal Council on the establishment of a cross-border training zone between France and Switzerland (a joint annex), signed in Payerne on 25 February 2015, will be published in the Official Journal of the French Republic.
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
AGREEMENT BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE FÉDÉRAL BOARD SUISSE RELATING TO THE ETABLISHMENT OF A TRANSBOUNDARY ZONE IN STRENGTHENING FRANCE AND SWITZERLAND (ENSEMBLE ANNEX), SIGNED TO THE 25 FEBRUARY 2015
The Government of the French Republic and the Swiss Federal Council, below referred to as the "Parties",
Convinced that the creation of a cross-border zone adequately contributes to the operational training of the French Republic Air Force and the Swiss Confederation Air Force;
Acknowledging that the establishment of such a zone must be balanced with the allocation of air space required for such training for both Parties;
Considering the Convention on International Civil Aviation, concluded in Chicago on 7 December 1944 and its annexes;
Considering the International Convention for Cooperation in the Safety of Air Navigation "EuroCONTROL" of 13 December 1960 and amended by the Protocol of 12 February 1981;
Considering the Convention between the States parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace on the Status of their Forces, made in Brussels on 19 June 1995, designated as "soFA PpP";
Considering the Agreement between the Government of the French Republic and the Swiss Federal Council on the Joint Instruction and Training Activities of the French Armed Forces and the Swiss Army, made in Bern on 27 October 2003, referred to below as "Agreement of 27 October 2003";
Considering the Treaty on the Establishment of the Functional Airspace 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, signed in Brussels on 2 December 2010;
Considering the Agreement between the European Community and the Swiss Confederation on Air Transport of amended 21 June 1999 and in particular Commission Regulation (EC) No 2150/2005 of 23 December 2005 establishing common rules for the flexible management of air space, as annexed to the Agreement
agreed that:
Article 1
Subject
The purpose of this Agreement is to establish a cross-border training zone between the Parties, to determine its characteristics and to establish general principles of management and use.
Article 2
Creation of a cross-border training area
1. Parties shall establish a cross-border area over their territory for the joint or exclusive training of their air forces.
2. This area is called "EU Cross-border Area 25" (EUC25).
3. The lateral and vertical limits of WEU 25 and its characteristics are defined in the annex to this Agreement which is inseparable from the latter.
4. This area may be reserved partially or in full by either Party. The User Party is authorized to apply its own operational air traffic procedures throughout the reserved area.
Article 3
Sovereignty
1. This Agreement shall not prejudice the sovereignty of each Party over the airspace over its territory and the competence of each Party to exercise its prerogatives with respect to the safety and defence of its national airspace.
2. Each Party may be required to restrict or prohibit air traffic in all or part of its national airspace, in particular in certain circumstances related to safety or defence. It shall duly inform the other Party as soon as possible.
Article 4
Diplomatic authorization
1. The use by a Party of the portion of the EUC25 above the territory of the other Party is subject to diplomatic authorization.
2. The diplomatic authorization referred to in the previous paragraph also allows landings on Payerne (LSMP) and Luxeuil (LFSX) aerodromes as long as they are related to the use of the EUC25 zone.
3. Diplomatic authorization associated with the use of EUC25 is free of flight notification. The flight plan with reference to this authorization shall be notified.
4. For any flight that does not fall within the use of the EUC25 a separate diplomatic permit is required.
Article 5
Pretactic management
1. The Parties shall implement the pre-tactic management of the EUC25 and ensure that the terms and conditions are defined and updated between national air space management cells by means of letters of understanding (LoA) in accordance with Annex 9 of Part 3 (Recommendations for the Management of Air Space) of the European Air Road Improvement Plan.
2. The EUC25 booking procedures are defined in a LoA between the military programming bodies of the two Parties.
Article 6
Use
1. The use of the portion of the WEU25 above the territory of one of the Parties shall be carried out in accordance with the provisions of national regulations and the publication of the aeronautical information of that Party.
2. The use of EUC25 is reserved for aircraft of only parties.
3. However, a Party may conduct joint training with a third party. If the training uses portions of the area above the other Party, the training shall agree. In this case, the third party undertakes to comply with the terms and conditions of use of this Agreement.
4. No training conducted by third party aircraft is permitted.
Article 7
Operational rules and procedures
1. Each Party authorizes the military air control bodies of the other Party to exercise control of military aircraft in the portions of the WEU 25 above its territory.
2. The Parties shall ensure that the French and Swiss military air control bodies apply in the entire EUC25 the procedures specific to the operational air traffic of the State under their control.
3. During joint training between Parties, the latter ensure that the French and Swiss military air control agencies regulate operational air traffic in a coordinated manner.
4. The use of the WEU25, or a portion of it, must be known in real time from all concerned organizations.
Article 8
Use of weapons
During training in EUC25, only the port and use of the exercise arms including the lures are allowed.
Article 9
Accountability
The liability regime is defined in accordance with Article VIII of the NATO SOFA.
Article 10
Search and rescue
Parties provide mutual assistance in search and rescue operations.
Article 11
Serious incidents and accidents
In the event of an air accident or a serious air incident in the airspace of one of the Parties in which an aircraft of the other Party is involved, the military experts of that Party are authorized to sit on the investigation commission headed by the State of Occurrence, in accordance with Article 12 of the Agreement of 27 October 2003.
Article 12
Aeronautical information publications
Each Party shall ensure the coordination of aviation publications relating to the EUC25 area.
Article 13
Financial provisions
The use of 1'EUC25 by the aircraft of each Party shall not grant any financial compensation between the Parties.
Article 14
Settlement of disputes
Any dispute arising with respect to the interpretation, application or execution of this Agreement, or its maintenance, shall be settled through direct negotiations between the Parties.
Article 15
Denunciation and suspension
1. This Agreement shall be concluded for an indefinite period. Each Party may denounce it at any time by written notification to the other Party. Such denunciation shall take effect one year after the date of receipt of such notification, unless the Parties decide otherwise.
2. Each Party may unilaterally suspend this Agreement in the event of war, state of siege, crisis or for any other reason of national interest. The effects of the suspension may be immediate if the Party suspending this Agreement notifies it as such.
Article 16
Amendment
This Agreement may be amended at any time by a written agreement between the Parties.
Article 17
Entry into force and repeal
1. This Agreement shall enter into force on the day it is signed.
2. The 9 December 2002 arrangement on the cross-border air training zone (CBA) between France and Switzerland is repealed.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Agreement.
Done to Payenne, February 25, 2015, in original duplicate, in French.
For the Government of the French Republic:
Minister of Defence,
General Air Division,
Hervé RAMEAU, Director of State Aviation Safety
For the Swiss Federal Council: The head of the Federal Department of Defence, Protection of Population and Sports,
The corps commander,
Aldo C. SCHELLENBERG, Commander of the Swiss Air Force
Annex
CHARACTERISTICS OF THE TRANSBOUNDARY ZONE EUC25
The EUC25 consists of all partitions whose lateral and vertical dimensions are listed below:
| EUC25FW | |||
| 47° 18' 40 'N,005° 11' 40 ' E | 47° 05' 00« N,005° 36' 30 ‹E | 47° 28' 10" N,005° 36' 30" E | FL 195 |
| 47° 39' 36 ' N,006° 00' 13 ' E | 47° 44' 30" N,005° 36' 30" E | 47° 42' 56" N,005° 14'59" E | |
| 47° 18' 40 'N,005° 11' 40 ' E | FL 065 | ||
| EUC25FC | |||
| 47° 05' 00« N,005° 36' 30« E | 46° 58' 24 ' N,005° 47' 29 'E | 46° 58' 02 'N, 006° 10`52 ' E | FL 195 |
| 47° 20' 00" N,005° 36' 12" E | 47° 32' 00« N,006° 20' 00« E | 470 35' 00" N,006° 20' 41" E | |
| 47° 36' 40 ' N, 006° 14' 49 ' E | 47° 39' 36 ' N,006° 00' 13 ' E | 47° 28' 10" N,005° 36' 30" E | FL 115 |
| 47° 05' 00« N,005° 36' 30 'E | |||
| EUC25FE | |||
| 46° 58' 02 'N, 006° 10' 52 ' E | 46° 57' 37 ' N,006° 28' 33 ' E | Franco-Swiss border | FL 195 |
| 47° 17' 32" N,006° 57' 53" E | 47° 20' 00" N,006° 36' 12" E | 46° 58 '02 'N,006° 10' 52 ' E | FL 115 |
| EUC25SL | |||
| 47° 17' 32 ' N,006° 57' 53 ' E | 47° 10' 20" N,007° 08' 55" E | 46° 50' 49 ' N,006° 33' 24 ' E | FL 230 |
| 46° 54' 10 ' N,006° 31' 01 ' E | 46° 58' 19" N,006° 31' 26" E | Franco-Swiss border | |
| 47° 17' 32 ' N,006' 57' 53 ' E | FL 100 | ||
| 46° 58' 19" N,006° 31' 26" E | 46° 54' 10 ' N,006° 31' 01 'E | 46° 57' 37 ' N,006° 28' 33 ' E | FL 180 |
| Franco-Swiss border | 46° 58' 19" N, 006° 31' 26" E | FL100 | |
| EUC25SM | |||
| 47° 17' 32 ' N, 006' 57' 53 ' E | 47° 10' 20 ' N, 007° 08' 55 ' E | 460 50' 49 ' N,006° 33' 24 ' E | FL 280 |
| 46 ' 54' 10 ' N,006° 31' 01 ' E | 46° 58' 19" N,006° 31' 26" E | Franco-Swiss border | FL 250 |
| 47° 17' 32 ' N,006° 57' 53 ' E | |||
| EUC25SH | |||
| 47° 17' 32 ' N,006° 57' 53 ' E | 47° 10' 20" N,007° 08' 55" E | 46° 50' 49 ' N,006° 33' 24 ' E | FL 660 |
| 46° 54' 10 ' N,006° 31' 01 ' E | 46° 58' 19" N,006° 31' 26" E | Franco-Swiss border | FL 300 |
| 47° 17' 32 ' N, 006° 57' 53 ' E | |||
| EUC25SLP | |||
| 46° 50' 49 ' N,006° 33' 24 ' E | 46° 49' 12 ' N,006° 34' 32' E | 46° 46' 24 ' N,006° 43' 53 ' E | FL 230 |
| 47° 04' 50 ' N,007° 17' 17 ' E | 47° 10' 20" N,007° 08' 55" E | 46° 50' 49 ' N, 006° 33' 24 ' E | FL 100 |
| EUC25SMP | |||
| 46° 50' 49 ' N,006° 33' 24 ' E | 46° 49' 12 ' N, 006° 34' 32 ' E | 46' 24 'N,006° 43' 53 ' E | FL 260 |
| 47° 04' 50° N,007° 17 ' 17' E | 47° 10' 20 « N, 007° 08' 55« E | 46° 50' 49 ' N,006° 33' 24 ' E | FL 250 |
Graphic representation:
The graphic representations below are presented only as an illustration and do not engage the Parties.
Horizontal cut:
You can view the image in the facsimile of the
JOno 0191 of 20/08/2015, text No. 1
Vertical cut:
You can view the image in the facsimile of the
JOno 0191 of 20/08/2015, text No. 1
Annex
CHARACTERISTICS OF THE TRANSBOUNDARY ZONE EUC25
The EUC25 consists of all partitions whose lateral and vertical dimensions are listed below:
| EUC25FW | |||
| 47° 18' 40 'N,005° 11' 40 ' E | 47° 05' 00« N,005° 36' 30 ‹E | 47° 28' 10" N,005° 36' 30" E | FL 195 |
| 47° 39' 36 ' N,006° 00' 13 ' E | 47° 44' 30" N,005° 36' 30" E | 47° 42' 56" N,005° 14'59" E | |
| 47° 18' 40 'N,005° 11' 40 ' E | FL 065 | ||
| EUC25FC | |||
| 47° 05' 00« N,005° 36' 30« E | 46° 58' 24 ' N,005° 47' 29 'E | 46° 58' 02 'N, 006° 10`52 ' E | FL 195 |
| 47° 20' 00" N,005° 36' 12" E | 47° 32' 00« N,006° 20' 00« E | 470 35' 00" N,006° 20' 41" E | |
| 47° 36' 40 ' N, 006° 14' 49 ' E | 47° 39' 36 ' N,006° 00' 13 ' E | 47° 28' 10" N,005° 36' 30" E | FL 115 |
| 47° 05' 00« N,005° 36' 30 'E | |||
| EUC25FE | |||
| 46° 58' 02 'N, 006° 10' 52 ' E | 46° 57' 37 ' N,006° 28' 33 ' E | Franco-Swiss border | FL 195 |
| 47° 17' 32" N,006° 57' 53" E | 47° 20' 00" N,006° 36' 12" E | 46° 58 '02 'N,006° 10' 52 ' E | FL 115 |
| EUC25SL | |||
| 47° 17' 32 ' N,006° 57' 53 ' E | 47° 10' 20" N,007° 08' 55" E | 46° 50' 49 ' N,006° 33' 24 ' E | FL 230 |
| 46° 54' 10 ' N,006° 31' 01 ' E | 46° 58' 19" N,006° 31' 26" E | Franco-Swiss border | |
| 47° 17' 32 ' N,006' 57' 53 ' E | FL 100 | ||
| 46° 58' 19" N,006° 31' 26" E | 46° 54' 10 ' N,006° 31' 01 'E | 46° 57' 37 ' N,006° 28' 33 ' E | FL 180 |
| Franco-Swiss border | 46° 58' 19" N, 006° 31' 26" E | FL100 | |
| EUC25SM | |||
| 47° 17' 32 ' N, 006' 57' 53 ' E | 47° 10' 20 ' N, 007° 08' 55 ' E | 460 50' 49 ' N,006° 33' 24 ' E | FL 280 |
| 46 ' 54' 10 ' N,006° 31' 01 ' E | 46° 58' 19" N,006° 31' 26" E | Franco-Swiss border | FL 250 |
| 47° 17' 32 ' N,006° 57' 53 ' E | |||
| EUC25SH | |||
| 47° 17' 32 ' N,006° 57' 53 ' E | 47° 10' 20" N,007° 08' 55" E | 46° 50' 49 ' N,006° 33' 24 ' E | FL 660 |
| 46° 54' 10 ' N,006° 31' 01 ' E | 46° 58' 19" N,006° 31' 26" E | Franco-Swiss border | FL 300 |
| 47° 17' 32 ' N, 006° 57' 53 ' E | |||
| EUC25SLP | |||
| 46° 50' 49 ' N,006° 33' 24 ' E | 46° 49' 12 ' N,006° 34' 32' E | 46° 46' 24 ' N,006° 43' 53 ' E | FL 230 |
| 47° 04' 50 ' N,007° 17' 17 ' E | 47° 10' 20" N,007° 08' 55" E | 46° 50' 49 ' N, 006° 33' 24 ' E | FL 100 |
| EUC25SMP | |||
| 46° 50' 49 ' N,006° 33' 24 ' E | 46° 49' 12 ' N, 006° 34' 32 ' E | 46' 24 'N,006° 43' 53 ' E | FL 260 |
| 47° 04' 50° N,007° 17 ' 17' E | 47° 10' 20 « N, 007° 08' 55« E | 46° 50' 49 ' N,006° 33' 24 ' E | FL 250 |
Graphic representation:
The graphic representations below are presented only as an illustration and do not engage the Parties.
Horizontal cut:
You can view the image in the facsimile of the
JOno 0191 of 20/08/2015, text No. 1
Vertical cut:
You can view the image in the facsimile of the
JOno 0191 of 20/08/2015, text No. 1
Done on August 18, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
