Key Benefits:
(State 1 Er June 2013)
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
Contracting States,
Having regard to the regulations of the European Parliament and of the Council of the European Union relating to the Single European Sky, the relevant implementing measures, the declaration of the Member States on military matters relating to the Single European Sky and the Agreement Between the European Community and the Swiss Confederation on air transport;
Having regard to the feasibility study of the functional airspace block 'Europe Central' ( Functional Airspace Block Europe Central, FABEC) of September 18, 2008;
Having regard to the Joint Statement of Intent on the establishment of a functional airspace block 'Europe Central' of 18 November 2008;
Whereas the airspace over the territory of the FABEC Contracting States and that under their responsibility is one of the most complex air traffic areas in Europe;
Whereas a more integrated approach to air traffic management is an essential step in meeting the needs of civil and military air traffic in this area;
Whereas close cooperation between air navigation service providers meets the needs of civil and military air traffic in this area;
Whereas the creation of the FABEC necessarily implies the improvement and increase in the provision of cross-border air navigation services;
Having regard to the spirit of culture just advocated by international and European legislation;
Expected that by creating the FABEC irrespective of the existing frontiers, the Contracting States aim to achieve an optimum level of capacity, efficiency and effectiveness of the air traffic management network while maintaining a high level of Security;
Convinced of the value added by the creation of the FABEC in the field of sustainable development;
Agreed to the following:
Unless otherwise provided, the terms used in this Treaty shall have the meaning assigned to them by the applicable definitions derived from the regulations relating to the Single European Sky in force in the Contracting States. For the purposes of this Treaty:
(1) This Treaty establishes the FABEC and, to ensure its governance, the FABEC Council.
(2) This Treaty shall not establish an international organization with international legal personality.
(3) This Treaty defines the general conditions and the governance in which the Contracting States are to ensure the management of air traffic and the provision of air navigation services in the airspace concerned.
(4) This Treaty defines the framework within which the specific technical and operational arrangements covering the areas of intervention of air navigation service providers must be established.
(1) This Treaty shall apply to the airspace concerned, which includes the following Flight Information Regions (FIR) and the following upper flight information regions (UIR) of continental Europe:
(2) For the French Republic, this Treaty applies only to the European departments of the French Republic.
(3) For the Kingdom of the Netherlands, this Treaty shall apply only to the part of the Kingdom of the Netherlands situated in Europe.
(1) Where a FIR or a UIR extends within the airspace over the territory of another Contracting State, the sovereignty of the Contracting State concerned in relation to that portion of airspace over its territory shall not be Assigned.
(2) The provisions of this Treaty shall apply without prejudice to the powers of the Contracting States which are the subject of security and military interests.
(1) Unless otherwise agreed or otherwise legislation, s. 3 (c) of the Chicago Convention remains fully applicable to state aircraft.
(2) The Contracting States shall endeavour to establish a simplified procedure for the issue of diplomatic or special authorisations for military training activities carried out in the airspace concerned.
The objective of the FABEC is to achieve optimum performance in areas related to safety, sustainable development, capacity, economic efficiency, flight efficiency and the effectiveness of military missions by organizing Air space and air traffic management, irrespective of the existing borders, in the airspace concerned.
(1) In order to achieve the objective of the FABEC, the Contracting States undertake to cooperate and take appropriate measures, in accordance with their national procedures, in particular in the following areas:
(2) The Contracting States shall implement the decisions taken by the Council of FABEC and undertake to establish at national level the necessary rules and procedures.
(3) The Contracting States shall ensure the implementation of this Treaty.
(1) The Contracting States shall jointly ensure the organisation and management of an air space forming a continuum and the coordinated management of air traffic flows and capacity, taking due account of the consultation processes at International level, irrespective of the existing borders.
(2) The Contracting States shall ensure in particular:
(1) The Contracting States shall cooperate at the legal, operational and technical levels with a view to the effective and consistent application of the concept of the flexible management of airspace, taking into account both civil and military requirements.
(2) The Contracting States shall ensure that common agreements and procedures are established between civilian and military air traffic service providers.
(3) The Contracting States shall ensure that their civil and military authorities coordinate the management of airspace at the strategic level.
(4) The Contracting States shall ensure that a common airspace management function is established between civilian and military air traffic service providers at the pre-tactical level.
(5) The Contracting States shall ensure that coordination between air traffic units and military control units is ensured at the tactical level.
(1) The Contracting States undertake to harmonise their substantive rules and procedures in relation to the FABEC.
(2) For this purpose, the Contracting States shall consult each other at regular intervals with a view to identifying and eliminating the differences between their respective regulations.
(3) The Contracting States shall ensure that air traffic service providers in the airspace concerned develop and implement a common global safety management system.
(4) The Contracting States shall coordinate the classification of the different portions of the airspace concerned in accordance with the European specifications and shall ensure that the differences in practices between them are reduced.
The Contracting States shall provide the following air navigation services:
(1) The Contracting States shall jointly designate, by means of a common instrument, the air traffic service providers of the airspace concerned.
(2) The air traffic service providers of the airspace concerned shall, if they have not been designated in accordance with par. 1, designated jointly by the Contracting States on notification of the Contracting State concerned, provided that they provide only one or more of the following services:
(3) paras. 1 and 2 shall apply without prejudice to arrangements or agreements relating to the provision of air traffic services between Contracting States or between any Contracting State and a third party prior to the entry into force of this Agreement. Treaty.
(4) The Contracting States shall inform each other of the rights and obligations applicable at national level to designated air traffic service providers, as well as any changes in their certification or legal status.
(5) The Contracting States shall jointly inform the European Commission and the other Member States of any decision taken under this Article concerning the designation of air traffic service providers.
(6) The Contracting States shall encourage close cooperation between air traffic service providers.
The Contracting States shall endeavour to achieve common technical systems and to deploy at the best cost an infrastructure for the provision of communication, navigation and surveillance services by civilian providers of Air navigation services.
The Contracting States shall cooperate in the field of aeronautical information and shall coordinate the provision of aeronautical information services.
(1) The Contracting States shall ensure cooperation between aviation meteorological service providers.
(2) Each Contracting State shall designate the aeronautical meteorological service provider on an exclusive basis and shall inform the Council of the FABEC.
(1) The Contracting States shall ensure that air navigation service providers formalise the working relationships deemed necessary for the coordination of their services in the airspace concerned by means of written agreements or Legally equivalent arrangements.
(2) Written agreements or legally equivalent arrangements between providers of air traffic services relating to cross-border services in the airspace concerned shall be approved by the Contracting States concerned, after Consultation with the FABEC Council. Once approved, they are communicated to the FABEC Council.
(3) In the event that written agreements or equivalent arrangements are concluded with neighbouring States relating to the supply, outside the airspace concerned, of air traffic services, the Contracting State (s) Shall ensure that such written agreements or legally equivalent arrangements do not affect this Treaty and are communicated to the FABEC Council.
(1) Taking due account of the principles of flexible airspace management and in accordance with national arrangements and international agreements in force, the Contracting States concerned shall conclude, if necessary, written arrangements Allowing the conduct of military training activities in the relevant airspace irrespective of the existing borders.
(2) The Contracting States concerned shall authorise a military or civil service provider of the air traffic services of another Contracting State concerned to provide cross-border air traffic services to the operating State aircraft Both general air traffic and operational air traffic, in accordance with the appropriate written arrangements communicated to the FABEC Council.
(3) The Contracting States concerned shall authorise the provision of tactical control services to operational air traffic by air defence organisations and by air command and control service bodies The tactics of another Contracting State concerned, in accordance with the appropriate written arrangements communicated to the FABEC Council.
(4) With regard to the provision of cross-border services in the airspace concerned, the Contracting States shall encourage close cooperation between civil and military air navigation service providers and agencies Air defence and tactical air command and control services.
(5) The Contracting States shall endeavour to harmonise the relevant civil and military arrangements in order to facilitate civil-military cooperation, in particular in the field of security.
(1) The Contracting States shall develop and apply common principles governing the policy of charges in the airspace concerned, taking into account the possibility of national exemptions.
(2) The Contracting States intend to apply a single unit rate for traffic en route in the relevant airspace and shall endeavour to establish a common tariff area.
(3) The FABEC Council shall decide on the introduction, conditions and application of a single unit rate for traffic on the road in the airspace concerned and the establishment in that airspace of a common tariff area.
(4) The single unit rate proposed jointly for traffic on the road in the relevant airspace shall be submitted, after the decision of the FABEC Council, to the competent body of EUROCONTROL for fixation.
(5) Prior to the introduction and application of a single unit rate for traffic in the airspace concerned, the Contracting States shall coordinate their unit rates for traffic on the road in the airspace concerned at the level Of the FABEC Council.
(6) In particular, the Contracting States shall:
(1) The Contracting States shall ensure that the national supervisory authorities cooperate closely in the field of supervision of air navigation service providers in the airspace concerned and that their practices are Harmonized.
(2) The Contracting States shall mutually recognise the monitoring tasks carried out by their national supervisory authorities and the results of such tasks.
(3) The Contracting States shall ensure that their national supervisory authorities enter into agreements for the cooperation referred to in subs. 1, including an arrangement for the treatment of cases of non-compliance with the applicable common requirements and the mutual recognition of the control tasks and the results of those tasks. These agreements may include an arrangement for the sharing of responsibilities for control tasks. They shall be communicated by the national supervisory authorities concerned to the FABEC Council.
(4) The national supervisory authority which has certified the provider of air navigation services providing cross-border services in the relevant airspace shall be responsible for the supervision of this provider of navigation services In close cooperation with the national supervisory authority (s) of the other Contracting States concerned.
(5) In the case where the Contracting State above the territory of which the air navigation services referred to in subs. 4 are provided that its own national supervisory authority shall exercise control, the national supervisory authorities concerned shall agree on the conditions of control.
(6) The Contracting States concerned shall ensure that their national supervisory authorities establish a common mechanism for the exchange of information, consultation and coordination in the provision of cross-border services, To ensure that necessary corrective action is taken without delay.
(7) The Contracting States shall ensure that decisions taken pursuant to this Article are implemented.
(8) As a last resort, each Contracting State retains the right to suspend or revoke the approval granted under Art. 16, para. 2, after having duly informed the Contracting State concerned and the Council of FABEC.
(1) The Contracting States shall implement a performance system for the FABEC and apply a performance plan for the FABEC compatible with the United European objectives of performance and taking into account military requirements. This performance plan is approved by the FABEC Council.
(2) The performance plan includes the performance objectives of the FABEC for at least the following key performance areas:
(3) The performance plan includes a set of clear and measurable KPIs in key performance areas for a defined reference period.
(4) The performance plan includes incentive mechanisms for the FABEC.
(5) The FABEC Council decides on the implementation and elements of the FABEC's performance plan.
(6) Prior to the application of the FABEC performance plan, the FABEC Council sets performance targets at the FABEC level and coordinates national performance plans.
(7) The development of the performance plan is the subject of consultations with interested stakeholders.
(8) The Contracting States shall ensure that the implementation of the FABEC's performance plan is supervised and that corrective measures are taken as necessary.
(9) The Contracting States shall evaluate at regular intervals the design and operation of the FABEC performance system and shall, if necessary, take corrective measures.
(1) The Council of FABEC shall be composed of the following representatives of each Contracting State:
(2) By invitation of the FABEC Council, other participants may attend its meetings as observers.
(1) The FABEC Council directs the FABEC.
(2) In order to comply with the commitments made by the Contracting States under this Treaty, the FABEC Council shall be responsible for taking any decision in view:
(1) The FABEC Council shall be chaired in turn by one of the Contracting States.
(2) The decisions of the FABEC Council shall be taken by unanimous vote. Each Contracting State shall have one vote. The decisions of the FABEC Council shall be considered as decisions of the representatives of the Contracting States.
(3) Decisions shall take effect two months after the day of their adoption, unless a Contracting State informs the other Contracting States, within two months of the adoption of a decision, that it can only implement the decision with The agreement of its legislative bodies. In such case, the decision shall take effect one day after the last Contracting State concerned has informed the other Contracting States that it has obtained the agreement of its legislative bodies.
(4) The rules of procedure adopted by the Council of FABEC shall lay down the arrangements for, in particular, the convening of meetings, the prior dissemination of the agenda, the appointment and duration of the term of office of the President, and the procedure for Ballot, including the possibility of making decisions by correspondence.
(5) The FABEC Council shall meet on convocation by its President, at least twice a year and more if necessary. Each Contracting State is entitled to request the holding of a meeting.
(1) In order to meet the objective of the FABEC and to assist the FABEC Council, an Aviation Committee, an Advisory and Harmonization Committee, a Finance and Performance Committee and a Supervisory Authority Committee shall be established National. The FABEC Council can set up other committees and create working groups.
(2) The committees and working groups shall consist of civilian and military experts appointed by the Contracting States.
(3) At the invitation of committees or working groups, other participants may attend their meetings as observers.
(4) Except as otherwise provided in the rules of procedure or the contrary decision of the FABEC Council, the committees and working groups shall report directly and exclusively to the FABEC Council.
The Airspace Committee assists the FABEC Council in the implementation of ss. 8 and 9 and performs the other tasks assigned to him.
The Advisory and Harmonization Committee assists the FABEC Council in the implementation of ss. 10 and 12 and performs the other tasks assigned to him.
The Finance and Performance Committee assists the FABEC Council in the implementation of s. 18 and, where appropriate, s. 20 and carries out the other duties assigned to it.
Without prejudice to art. 24, para. 4, and specific responsibilities assigned directly to the national supervisory authorities, the Committee of National Oversight Authorities assists the FABEC Council in the implementation of art. 19 and, where appropriate, s. 20 and carries out the other duties assigned to it.
(1) The Air Navigation Services Advisory Board shall be established to ensure consultation with air navigation service providers on matters relating to the provision of services within the FABEC.
(2) The Air Navigation Services Advisory Board shall consist of:
(3) At the invitation of the FABEC Council, other participants may attend meetings as observers.
(4) The proceedings of the debates of the Air Navigation Services Advisory Commission shall be communicated to the FABEC Council.
(1) Any Contracting State shall compensate the damage as referred to in subs. 4, when:
The air traffic service provider referred to in subsection (1). B is hereinafter referred to as the actual service provider of air traffic services.
(2) No direct action may be taken against the actual provider of air traffic services, against his agents or against any person acting on behalf of the claimant.
(3) The right to compensation referred to in s. 1 shall lapse if no action is commenced within two years from the date on which the court decision under s. 4 has become final.
(4) The compensation referred to in s. 1 may be the subject of an application only for damage that has not been compensated by a court decision which has become final in accordance with specific national or international legislation or regulations. A decision is considered final when it is no longer subject to appeal under national or international legislation or regulation.
(5) The claim referred to in s. 1 and 4 shall be lodged with the Contracting State concerned. The competent authority shall examine the application and decide on it in accordance with the relevant rules of substantive law of the Contracting State concerned. Failing agreement on the application, the dispute shall be decided by the competent court of the Contracting State concerned, in accordance with its relevant substantive rules of law.
(6) The actual service provider of air traffic services shall reimburse the Contracting State concerned for any compensation paid or any costs incurred by the latter in accordance with subs. 1. The Contracting State of the actual service provider of air traffic services shall ensure that it complies with that obligation and, in the event of the failure of the latter, shall replace it at the first request for reimbursement by the State Contracting party.
(7) Any dispute relating to the repayment under s. 6, between the Contracting State of the actual provider of air traffic services to the Contracting State referred to in subs. 1, may be submitted by one of the two Contracting States to arbitration in accordance with the "Optional Rules of the Permanent Court of Arbitration for the Arbitration of Disputes between Two States". The appropriate substantive law rules referred to in s. 5 are applicable to the dispute. Art. 32, para. 3 and 4, is applicable.
(8) Nothing in this Treaty shall prevent the Contracting State referred to in subs. 1 and the Contracting State of the actual provider of air traffic services to agree to share the costs resulting from the damage referred to in subs. 1.
(9) Nothing in this Treaty shall limit the right of a Contracting State or an effective provider of air traffic services to bring an action against any other natural or legal person.
(10) The Contracting States shall, as soon as possible, exchange information relating to a claim for compensation referred to in subs. 1 and 4, as well as its final settlement.
(11) Designated air traffic service providers shall have appropriate coverage under the liability incurred under this Treaty in order to meet the obligation laid down in subs. 6.
(12) This Article shall apply without prejudice to international agreements relating to damage caused by the armed forces of a Contracting State in the territory of another Contracting State.
(13) The provisions of this Article shall prevail over the provisions governing liability in any agreement between two Contracting States relating to the provision of air traffic services.
(1) In the event of a serious accident or incident as defined by the Chicago Convention in the relevant airspace, the Contracting State conducting the investigation shall immediately inform the Council of the FABEC if it finds weak points at the scale of the FABEC.
(2) Communications, notifications and reports relating to the investigation of serious accidents and incidents shall be in English or in one of the national languages of the Contracting States and accompanied by a translation into the language English.
(3) The provisions of this Article shall prevail over the provisions governing the investigation of serious accidents and incidents contained in any agreement between two Contracting States relating to the provision of air navigation services, in case of Difference.
(1) Any dispute arising between Contracting States concerning the interpretation, application or performance of this Treaty, including its existence, validity or extinction, and which cannot be settled within six months Through direct negotiations between the Contracting States concerned or by any other means shall be submitted to the FABEC Council.
(2) If the dispute cannot be settled by the FABEC Council within three months of its referral, each of the Contracting States concerned may submit it to arbitration in accordance with the " Optional Rules of the Permanent Court of Arbitration for Arbitration of disputes between two states ".
(3) The common costs of arbitration shall be borne, on equal terms, by the Contracting States Parties to the arbitration procedure.
(4) The decisions of the arbitral tribunal shall be binding on the Contracting States parties to the dispute.
(1) This Treaty shall be open to accession. Any State wishing to become party to this Treaty shall submit its application for membership to the Depositary.
(2) The conditions of accession, as well as any amendment to this Treaty, shall be the subject of a treaty between the Contracting States and the candidate State. The Accession Treaty shall be ratified by the Contracting States and the Candidate State after they have complied with their respective constitutional provisions to that effect.
(3) The Treaty of Accession shall enter into force on the first day of the second month following the deposit of the last instrument of ratification with the Depositary.
(4) The Council of the FABEC shall take all measures necessary by such accession.
(1) In the event of the termination of this Treaty by a Contracting State, the Contracting State shall inform the Council of the FABEC and shall notify the Depositary accordingly.
(2) Denunciation shall take effect one year after the date of receipt of the notification to the Depositary.
(3) The Council of the FABEC shall take all measures necessary by such denunciation.
(4) The Contracting State which denounces this Treaty shall in principle bear the costs of such denunciation. The financial consequences resulting from the denunciation shall be determined in a specific agreement between that State and the other Contracting States. The right of termination of the Contracting State shall not be affected.
(5) Denunciation shall not exempt the Contracting State against its obligations under subs. 4 and art. 32.
(1) If a Contracting State wishes to amend this Treaty, it shall duly inform the Council of the FABEC.
(2) Any amendment to this Treaty shall be accepted by the Contracting States on a proposal from the FABEC Council.
(3) Any amendment accepted shall be ratified by the Contracting States after they have complied with their respective constitutional provisions to that effect.
(4) Any amendment shall enter into force on the first day of the second month following the deposit of the last instrument of ratification with the Depositary.
(1) The Contracting States may at any time decide unanimously to terminate this Treaty.
(2) The extinguishment procedure shall be initiated by the filing of a declaration in writing with the Depositary by all Contracting States stipulating that this Treaty shall terminate on a date determined by the Contracting States.
(3) The Contracting States shall jointly determine and distribute the costs of extinction.
(4) Each Contracting State shall have the right to immediately suspend the application of all or part of this Treaty for reasons of national security. The Contracting State which suspends the application of all or part of this Treaty shall immediately inform the other Contracting States of its decision and shall notify the Depositary accordingly.
(5) The Contracting State which suspends the application of all or part of this Treaty shall endeavour to put an end to the suspension as soon as possible. It shall immediately inform the other Contracting States of its decision and shall notify the Depositary accordingly.
(6) The Contracting State which suspends the application of all or part of this Treaty shall in principle bear the costs. The financial consequences resulting from the suspension shall be determined in a specific agreement between that State and the other Contracting States.
(7) The termination and suspension do not exempt the Contracting States concerned from their obligations under s. 32.
This Treaty and any subsequent amendment shall be registered with ICAO in accordance with the provisions of Art. 83 of the Chicago Convention.
This Treaty shall enter into force on the first day of the second month following the deposit of the last instrument of ratification with the Depositary.
(1) The Government of the Kingdom of Belgium shall be the Depositary of this Treaty. Instruments of ratification shall be deposited with the Government of the Kingdom of Belgium.
(2) The Depositary shall:
In witness whereof The undersigned, duly invested with the necessary powers, sign this Treaty.
Done at Brussels on 2 December 2010, in a single original in the French, Dutch and German languages, each version being equally authentic.
(Suivent signatures)
States Parties |
Ratification |
Entry into force |
||
Germany |
1 Er October |
2012 |
1 Er June |
2013 |
Belgium |
April 30 |
2013 |
1 Er June |
2013 |
France |
October 31 |
2012 |
1 Er June |
2013 |
Luxembourg |
24 January |
2012 |
1 Er June |
2013 |
Netherlands |
26 October |
2012 |
1 Er June |
2013 |
Switzerland |
13 March |
2012 |
1 Er June |
2013 |