Article
I
Definitions
For the purpose of this agreement the meaning of the terms used therein are as follows:
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1.
„Common Area of Interest (CAoI)”: the area consisting of the sovereign airspace of the Parties.
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2.
„Third State Airspace (TSA)”: any airspace outside of the CAoI of a State not Party to this Treaty.
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3.
„Air Incident”: Any abnormality in assigned NATO and national airspace requiring tactical actions, including the use of aircraft. Air incidents can be of a military and of a non-military nature. Air Incidents of a non-military nature encompass Renegade(s).
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4.
„Renegade”: A civil air platform that is assessed as operating in such a manner as to raise suspicion that it might be used as a weapon to perpetrate a terrorist attack.
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5.
„Assigned Aircraft (AAC)”: the military aircraft assigned to execute the obligations under this Agreement.
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6.
„Assigned Aircraft (AAC) Rotation”: the rotational contribution with Assigned Aircraft by Parties.
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„Recognised Air Picture (RAP)”: an air threat analysis of the detected air movements of all aircraft within a particular airspace, with each aircraft being identified as friendly or hostile, and ideally containing additional information, such as type of aircraft, flight number and flight plan. The information may be drawn from a number of different sources, including military and civilian sensors, civilian air traffic control and allied nations or NATO.
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8.
„Control and Reporting Centre (CRC)”: air defence centre that is responsible for the build-up of a RAP of all movements in its assigned airspace and that is the command and control authority of the AAC.
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9.
„General Aviation Security Measures (GASM)”: the identification and classification of an aircraft, which is done by the national Control and Reporting Centres (CRC).
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10.
„Active Aviation Security Measures (AASM)”: security measures executed by AAC or other military means of the Parties, including:
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interrogation, which comprises the visual or electronic identification of an aircraft and the shadowing of an aircraft;
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intervention, which comprises the forced flight path, prohibition of overflight and/or the imposed obligation on the suspect aircraft to land at a designated area;
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use of warning burst with flares;
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use of kinetic force, from warning burst with guns up to and including the use of lethal force.
For the purposes of this Agreement, AASM over Luxembourg shall not include the use of lethal force.
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11.
„National Governmental Authority (NGA)”: national competent authority of a Party in respect of the national airspace in which the Renegade is present, responsible for implementing the necessary measures to maintain air security in accordance with the relevant national rules and regulations. Under this Agreement the respective NGA’s are: for the Netherlands Minister of Security and Justice; for Belgium Minister of Defence; and for Luxembourg the Minister of Defence, or their respective successors.
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12.
„NGA representative”: under this Agreement the respective NGA representatives are: for the Netherlands the Master Controller on duty of the national CRC; for Belgium the CRC Master Controller or Senior Duty Officer, which has a coordinating and reporting responsibility towards the Belgian NGA; and for Luxembourg the High Commissioner for National Protection Luxembourg (“Haut-Commissaire à la Protection nationale”), or their respective successors. This Agreement, however, does not exclude the possibility of a future CRC-cooperation, which will be detailed in a separate Technical Arrangement CRC to be signed by Parties’ Ministers of Defence.
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13.
„Terrorist attack”: attack committed with such aim as to constitute a terrorist offense under the Council Framework Decision of 13 June 2002 on combatting terrorism (2002/475/JHA).
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14.
„(Re)Transfer of Authority (TOA/RTOA)”: the activity by which the responsibilities and the air defence means are (re)transferred from NATO to the NGA (through the NGA representative) or vice versa.
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15.
„Receiving State”: the State in whose national airspace the movements and/or AASM by AAC of the Sending State take place.
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16.
„Sending State”: the State that executes AASM through national AAC within the airspace of the Receiving State. For the purposes of this Agreement, Luxembourg is not considered to be a Sending State.
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17.
„TACON”: Tactical Control, meaning command authority over assigned or attached forces or commands, or military capability or forces made available for tasking, that is limited to the detailed direction and control of movements or manoeuvres within the operational area necessary to accomplish missions or tasks assigned.