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. 49-1271 of 4 September 1949 publishing the North Atlantic Treaty, signed in Washington on 4 April 1949;
Vu le Decree No. 52-1170 of 11 October 1952 publishing the convention between the States parties to the North Atlantic Treaty on the status of their forces, signed in London on 19 June 1951;
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. 2006-809 of 6 July 2006 issuing a security agreement on the exchange of protected information between the Government of the French Republic and the Government of the Kingdom of Belgium, signed in Brussels on 19 July 1974,
Decrete:
The agreement between the Government of the French Republic and the Government of the Kingdom of Belgium on cooperation in air defence against non-military air threats, signed in Tours on 6 July 2005, 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.
AGREEMENT
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE BELGIUM ROYAL RELATING TO COOPERATION IN AIR DEFENSE AGAINST NON MILITARY AMERICAN MENACES, SIGNED TO BE
The Government of the French Republic and the Government of the Kingdom of Belgium, hereafter referred to as the “Parties”;
Considering the provisions of the North Atlantic Treaty signed in Washington on 4 April 1949;
Considering the Convention between the States Parties to the North Atlantic Treaty on the Status of Their Forces signed in London on 19 June 1951, as referred to as "NATO SOFA";
Considering the Convention on Civil Aviation, signed in Chicago on 7 December 1944;
Considering the security agreement on the exchange of protected information between the Government of the French Republic and the Government of the Kingdom of Belgium, signed on 19 July 1974;
Considering the statement on the fight against terrorism adopted by the Heads of State and Government of the Member States of the European Union on the occasion of the European Summit in Brussels on 25 March 2004;
Stressing the strategic importance of air space for the security of each Party and its surroundings;
To define an appropriate legal framework for air defence cooperation against non-military air threats,
The following provisions were agreed:
Article 1
Definitions
1.1. By "a zone of mutual interest", the area composed of the air space of the Parties and of the international air space, within the limits of the French and Belgian aeronautical information regions (FIR/UIR), as defined in the instruments established under the International Civil Aviation Organization (ICAO).
1.2. "Non-military air threat" means, under this agreement, a civilian aircraft that is a victim of hostile control or a civilian aircraft used for hostile purposes.
1.3. By "general aviation safety measures", the identification and classification must be understood within the framework of this agreement.
1.4. Under the "active air safety measures" agreement:
1.4.1. for the French Party:
(a) recognition,
(b) Monitoring,
(c) interrogation,
(d) the escort,
(e) the route constraint,
(f) the ban on overflight,
(g) the seasoning,
(h) the firing of semonce using infrared lures in the Belgian airspace.
1.4.2. for the Belgian Party:
(a) the interrogation, which includes recognition and monitoring,
(b) the operation, which includes escort, route constraint, overflight prohibition and the requirement for an aircraft to land in a specified location,
(c) the firing of semonce using infrared lures in the French airspace.
They are excluded, the firing of semonce other than through infrared lures and the firing of destruction.
1.5. By "Part of Origin", the Part of Military Aircraft belonging under this Agreement shall be understood in the part of the zone of mutual interest located in the airspace of the other Party or located in the international airspace, within the limits of the aeronautical information region (FIR/UIR) of the other Party.
1.6. By "Party of Stay", the Party that welcomes, under this Agreement, a military aircraft of the other Party in the part of the zone of mutual interest located in its airspace or located in the international airspace, within the limits of its aeronautical information region (IRF/IRU).
Article 2
Subject
This Agreement sets out the legal framework for cooperation between Parties in the field of air defence against non-military air threats. This cooperation aims to:
2.1. improve the ability of Parties to respond to a non-military air threat;
2.2. facilitate the systematic exchange of information to enhance the knowledge of each Party on the general air situation.
Article 3
Scope
3.1. This Agreement shall apply to all military means of the Parties involved in air defence missions, necessary for the application of air safety measures as defined in Article 1, paragraphs 1.3 and 1.4, and in the context of operations to oppose a non-military air threat in the area of mutual interest of the Parties.
3.2. This Agreement is applicable only in the area of mutual interest of the Parties, excluding the airspace located above the territories other than metropolitan, and whose international relations are under the responsibility of the Parties.
Article 4
Sovereignty
The cooperation provided for in this Agreement shall be carried out in accordance with the sovereignty, respective competences of each Party and in accordance with its international obligations.
Article 5
Cooperation regime
5.1. Under this Agreement, each Party shall endeavour to:
(a) To 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 1.3 and 1.4, of this Agreement;
(b) detect and assess the threat;
(c) 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) To 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 1.3 and 1.4, of this Agreement.
5.2. Where the air assets of a Party are unable to adequately respond to the threat, the military aircraft of the other Party are authorized to take, throughout the area of mutual interest, any active air safety action defined in Article 1(1), paragraph 1.4. of this Agreement. In this case, coordination is established between the Parties to ensure the transfer of tactical control (TACON) of the military aircraft involved, from the control body of the Party of origin to the control body of the Party of residence.
5.3. The decision to send a military aircraft from one of the Parties to the part of the zone of mutual interest located in the airspace of the other Party or located in the international airspace, within the limits of the aeronautical information region (FIR/UIR) of the other Party, is subject to the authorization of the Party of origin. Once this authorization is issued, all active air safety measures defined in Article 1(1), paragraph 1.4. of this Agreement may be carried out, upon instruction of the Party of Stay.
5.4. Semonce fire other than by means of infrared lures 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, and after national authentication.
Article 6
Environmental Safety, Safety and Protection Consignees
6.1. As part of the missions provided for in this Agreement, elements of the armed forces of one Party may circulate in the territory of the other Party by retaining their weapons and ammunition.
6.2. The security of the equipment, weapons, ammunition and military 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.
6.3. 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.
6.4. As soon as they are brought to its attention, each Party shall adhere to the safety and environmental instructions in force in the national airspace and national territory of the other Party, as well as the safety instructions for its weapons, ammunition and aircraft.
Article 7
Implementation
The Parties shall jointly determine the enforcement and implementation of the air cooperation provided for in this Agreement, including through the conclusion of technical arrangements.
Article 8
Costs
Each Party shall bear the costs of its armed forces associated with the implementation of this Agreement.
Article 9
Regulation of damage
9.1. Claims for damage caused under this Agreement shall be settled in accordance with the provisions of Article 8 of NATO SOFA.
9.2. In the event of an incident or an air accident occurring in the national airspace 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.
9.3. The technical survey is conducted in accordance with the following instruments, within their respective fields of application:
(a) Annex XIII of the Convention on International Civil Aviation, signed on 7 December 1944 in Chicago;
(b) The standardization agreements (STANAGs) established within the North Atlantic Treaty Organization relating to security investigations and notification of accidents/air incidents involving military aircraft and/or missiles.
Article 10
Settlement of disputes
Disputes that may arise from the performance or interpretation of this Agreement shall be resolved through consultation between the Parties.
Article 11
Final provisions
11.1. Each Party shall notify the other of the fulfilment of the national procedures required for the entry into force of this Agreement, which shall take effect on the first day of the second month following the day on which the second notification is received.
11.2. This Agreement may be amended at any time in writing by mutual agreement between the Parties.
11.3. This Agreement may be denounced at any time by either Party subject to a written notice of three months. This denunciation does not relieve Parties from the obligations arising from the application of this Agreement.
Concluded in Tours, July 6, 2005, in two original French-language copies, each authoritative.
For the Government of the French Republic: MICHÈLE ALLIOT-MARIE
Minister of Defence
For the Government of the Kingdom of Belgium: ANDRÉ FLAHAUT
Minister of Defence
Done on November 10, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
