The Kingdom of Belgium,
The Kingdom of the Netherlands
and
The Grand Duchy of Luxembourg,
Hereinafter referred to as “the Parties”,
Considering the provisions of Article 51 of the Charter of the United Nations;
Considering the provisions of the North-Atlantic Treaty, signed in Washington on 4 April 1949;
Considering the provisions of the Agreement between Parties to the North-Atlantic Treaty, regarding the status of their
forces, signed in London on 19 June 1951, hereinafter referred to as “NATO-SOFA”, unless
otherwise specified in this Agreement;
Considering the Convention on International Civil Aviation, signed in Chicago on 7 December 1944;
Considering the Council Framework Decision of 13 June 2002 on combatting terrorism
(2002/475/JHA);
Considering the Declaration on Combatting Terrorism adopted by the Member States of
the European Union at the European Summit in Brussels on 25 March 2004;
Considering the Operational Concept of the North Atlantic Treaty Organization to increase
the Alliance’s air defence posture in response to possible terrorist attacks (MCM-062-02);
Considering the Convention of 27 May 2005 between the Kingdom of Belgium, the Federal Republic of
Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg,
the Kingdom of the Netherlands and the Republic of Austria on enhancing the cross-border
cooperation, particularly in combating terrorism, cross-border crime and illegal migration;
Considering Regulation (EC) nr. 549/2004 of the European Parliament and the Council
of 10 March 2004 laying down the framework for the creation of the Single European
Sky and Regulation (EC) nr. 1070/2009 of the European Parliament and the Council of
21 October 2009 amending Regulations (EC) 549/2004, (EC) nr. 551/2004 and (EC) nr.
552/2004 in order to improve the performance and sustainability of the European aviation
system;
Considering the “Accord entre le Gouvernement de la République Française et le Gouvernement
du Royaume de Belgique relative à la coopération en matière de Défense contre les
menaces aériennes non militaires” of 6 July 2005;
Emphasising the strategic importance of the airspace for the safety and security of
the territory of each Party and their surrounding region;
Prompted by the desire to define an appropriate legal framework for the integration
of air security to respond to threats posed by non-military aircraft;