Keywords foreign, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, Belgium, COOPERATION, air TRANSPORT, aviation safety, air DEFENSE, air safety, threat air NON military, agreement of COOPERATION JORF n ° 0264 November 14, 2015 page 21254 text no. 2 order No. 2015-1470 10 November 2015 on the publication of the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium on air against air threats non-military defence cooperation signed at Tours on 6 July 2005 (1) NOR: MAEJ1525056D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/11/10/MAEJ1525056D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2015/11/10/2015-1470/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of Foreign Affairs and international development, given the Constitution, particular articles 52 to 55.
Mindful of Decree No. 47-974 May 31, 1947, publication of the convention of international civil aviation, signed in Chicago on 7 December 1944;
Mindful of Decree No. 49-1271 September 4, 1949, on the publication of the North Atlantic Treaty, signed in Washington on 4 April 1949.
Having regard to Decree No. 52-1170 October 11, 1952, on the publication of the agreement between the States parties to the Treaty of the North Atlantic on the status of their forces, signed in London on 19 June 1951;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and the publication of the international commitments entered into by France;
Having regard to Decree No 2006 - 809 of 6 July 2006 on the publication of a security agreement on the exchange of information between the Government of the French Republic and the Government of the Kingdom of Belgium, signed in Brussels on 19 July 1974, enacts as follows: Article 1 the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium relating to MANPADS against air threats cooperation non-military signed at Tours on 6 July 2005, will be published in the Official Journal of the French Republic.
Article 2 the Prime Minister and the Minister of Foreign Affairs and international development are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Annex agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning air defence COOPERATION against air threats not military, signed in TOURS on July 6, 2005, the Government of the French Republic and the Government of the Kingdom of Belgium, hereinafter referred to as "the Parties";
Whereas the provisions of the Treaty of the North Atlantic, signed in Washington on 4 April 1949.
Whereas the agreement between the States parties to the the North Atlantic Treaty on the status of their forces signed in London on 19 June 1951, hereinafter referred to as "NATO SOFA";
Whereas the Convention on Civil Aviation, signed in Chicago on 7 December 1944;
Whereas the security agreement on the exchange of information between the Government of the French Republic and the Government of the Kingdom of Belgium, signed on July 19, 1974;
Considering the declaration on combating 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, March 25, 2004;
Stressing the strategic importance of the airspace for the security of each party and its surroundings;
Anxious to define a legal framework suitable for air defense against aerial threats non-military cooperation, have agreed to the following provisions: Article 1 Definitions 1.1. "Area of mutual interest", means the area composed of the airspace of the Parties and international airspace, within the limits of the aeronautical information regions (FIR/UIR) French and Belgian, as defined in the established instruments in the Organization of international civil aviation (ICAO).
1.2. by «non-military air threat», shall be understood, in the context of this agreement, an aircraft civilian victim of a hostile takeover or a civil aircraft used for hostile purposes.
1.3. by "general aviation security measures" shall be understood, in the context of this agreement, the identification and classification.
1.4. by "active measures of aviation security", shall be understood, in the context of this agreement: 1.4.1. for the French part: a) recognition, b) surveillance, c) querying, d) escort, e) the route constraint, f) the prohibition of overflight, g) the boarding, h) the firing of warning shots using infrared decoys in Belgian airspace.
1.4.2. for the Belgian part: a) the question, which includes the reconnaissance and surveillance, b) intervention, which includes the escort, the route constraint, the prohibition of overflight and the requirement for an aircraft to land at a certain place, c) the firing of warning shots using french infrared in airspace lures.
Are excluded, the firing of warning shots other than through infrared decoys and shooting of destruction.
1.5 "Party of origin" means the part of membership of the military aircraft implemented under this agreement in the part of the area of mutual interest in the airspace of another part or located within international airspace, within the limits of the area of aeronautical information (FIR/UIR) of the other part.
1.6 'Part of stay' means the party that welcomes, in the context of this agreement, a military aircraft of the other party in the part of the area of mutual interest in its airspace or in international airspace, within the limits of its aeronautical information region (FIR/UIR).
Article 2 scope this agreement fixed the legal framework for cooperation between the Parties in the field of air defence against non-military air threats. This cooperation aims to: 2.1. improve the response capability of the Parties towards a non-military air threat;
2.2 facilitate the systematic exchange of information allowing to enrich the General knowledge of each of the Parties on the air situation.
Article 3 scope of application 3.1. This agreement is applicable to all the military means of the Parties contributing to the air defence missions, necessary for the implementation of such aviation security measures as defined in article 1, paragraphs 1.3 and 1.4, and 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 non-metropolitan territories, and whose international relations are placed under the responsibility of the Parties.
Article 4 sovereignty the cooperation provided for by this agreement is carried out in respect for the sovereignty, the respective competences of each of the Parties and in compliance with its international obligations.
Article 5 cooperation plan 5.1. Part this agreement, each Party shall endeavour to: has) monitor air approaches in the area of mutual interest of the Parties running the air security measures as defined in article 1, paragraphs 1.3 and 1.4 of this agreement;
(b) identify and evaluate the threat;
c) provide to government authorities and the military command of the other party the air situation allowing them to take the decisions that their obligations;
(d) prevent and respond to a non-military air threat in the area of mutual interest by running the air security measures as defined in article 1, paragraphs 1.3 and 1.4 of this agreement.
5.2. when the air assets of a party are unable to respond adequately to the threat, military aircraft of the other party are allowed to take in the whole area of mutual interest, any active measure of aviation security laid down in article 1, paragraph 1.4, of this agreement. In this case, coordination is established between the Parties in order to ensure the transfer of tactical control (TACON) of the involved military aircraft, the inspection body of the party of origin to the body's control of the party of residence.
5.3. the decision to send a military aircraft from one of the Parties in the part of the area of mutual interest in the air space of the other party or located within international airspace, within the limits of the area of aeronautical information (FIR/UIR) of the other party, is subject to the authority of the party of origin. Once this authorization is issued, all active air security measures as defined in article 1, paragraph 1.4, this agreement may be executed on the instruction of the part of stay.
5.4. the shooting of another shot by infrared decoys and the shooting of destruction remain solely the responsibility and the competence of each of the Parties and therefore cannot be considered only with a means of national intervention over the national territory, under control and national commitment, and after national authentication strings.
Article 6 security, safety and protection of the environment 6.1 instructions. Missions provided for by this agreement, elements of the armed forces of one of the Parties may move within the territory of the other party keeping their weapons and ammunition.
6.2. the safety of equipment, weapons, ammunition and military aircraft present in national space of the part of stay on a mission under this agreement is provided by the party of origin.
6.3. safety is the part of stay. The armed forces of the party of origin shall cooperate with the part of stay its security mission.
6.4. as soon as they are brought to its attention, each party respects the safety and protection of the environment in force in national airspace and on the territory of the other party, as well as the safety instructions concerning its weapons, munitions and aircraft.
Article 7 implementation the Parties determine by mutual agreement the measures of execution and implementation of the air cooperation provided for by this agreement, including through the conclusion of technical arrangements.
Article 8 costs each Party supports spending its armed forces associated with the implementation of this agreement.
Article 9 9.1 damage regulation. Claims for compensation for damage under this Agreement shall be governed in accordance with the provisions of article 8 of the NATO SOFA.
9.2. in the case of an incident or accident occurring in the national airspace of one of the Parties, and which involved an aircraft from the other party, military experts of the latter are allowed to sit on the commission of inquiry set up by the part of stay.
9.3. the technical investigation takes place according to the following instruments, within the limits of their respective fields of application: a) Annex XIII of the Convention on International Civil Aviation, signed in Chicago on 7 December 1944;
b) standardization agreements (STANAGs) established within the Organization of the Treaty of NATO security and notification of air accidents/incidents involving military aircraft or missiles.
Article 10 settlement of disputes disputes likely to arise the execution or the interpretation of this agreement are resolved by consultation between the Parties.
Article 11 final provisions 11.1. Each of the Parties notifies the other the completion of the national procedures required by far for the entry into force of this agreement, which takes effect the first day of the second month following the day of receipt of the second notification.
11.2. this agreement may be amended at any time in writing by mutual agreement between the Parties.
11.3. the present agreement may be denounced at any time by one or other of the Parties subject to a written notice of three months. This termination does not relieve the Parties of obligations arising from the application of this agreement.
Concluded in Tours, July 6, 2005, in two original copies in French, each being authentic.
For the Government of the French Republic: MICHÈLE ALLIOT - MARIE Defence Minister for the Government of the Kingdom of Belgium: ANDRÉ FLAHAUT Minister of defence is November 10, 2015.
François Hollande by the President of the Republic: the first Minister, Manuel Valls the Minister of Foreign Affairs and international development, Laurent Fabius (1) entered into force: 1 November 2015.