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Application of Articles 52 to 55 of the Constitution. In accordance with the commitment made after the accident of 24 March 1999 to reopen the Mont Blanc tunnel under very high security conditions, the French and Italian Governments decided after the accident in the St Gotthard tunnel on 24 October 2001, to reopen the Mont Blanc tunnel to heavy goods vehicles weighing more than 3.5 tonnes and to buses in the spring of 2002. In parallel to this decision, the two governments decided, on the one hand, to set an objective of equitable distribution of traffic between the Mont-Blanc and Fréjus tunnels, so that each receives at least 35 % of the total weight traffic Heavy, on the other hand to evaluate the effects of the introduction of the alternate circulation to the Mont Blanc tunnel. After 6 months of operation in alternating mode, it is clear that the traffic of heavy goods vehicles is stagnating at the Mont Blanc tunnel, which has managed to capture only 10 % of the road traffic on this axis: the objective of rebalancing heavy goods traffic between the two Two tunnels are not reached. Also, at the Franco-Italian summit on 7 November last, the French and Italian ministers responsible for transport asked the Intergovernmental Commission (IGC) for the monitoring of the Mont-Blanc tunnel to propose measures to correct them. This situation and achieve a gradual rebalancing of traffic. It was in this context that the IGC of the Mont Blanc Tunnel proposed on 16 December 2002, in the light of the opinion delivered by its Security Committee at its meeting of 21 and 22 November 2002, to remove the alternating movement of heavy goods vehicles and Bus, the alternat constituting the main cause of the present imbalance. This decision was notably reinforced by the fact that the safety arrangements at the Mont Blanc tunnel have been designed to accommodate a two-way flow of all vehicles and that the alternat, by the concentration of the heavy goods vehicles. Which it generates on the route of the Fréjus tunnel, weakens the overall safety of traffic on both axes. Article 1 of the present exchange of letters confirms these proposals and thus removes the exchange of traffic from 1 March next. Articles 2 and 3 validate the other two proposals made at the request of the French and Italian ministers by the IGC to harmonise the traffic rules applicable in the two tunnels and the procedures for the intervention of the forces Of the order acting in the framework of Franco-Italian patrols. Finally, Article 4 of the diplomatic letter provides for the establishment within a minimum period of 6 months of a balance sheet to verify whether these measures are sufficient to rebalance the traffic. The establishment of the latter will make it possible, if necessary, to take further measures to achieve the objective of the distribution of traffic agreed between the two States if the latter's postponement to the Mont Blanc tunnel following the lifting of the The alternat is too large or insufficient. In this respect, the monitoring committee for the two tunnels, set up to allow local elected representatives, associations and representatives of the social-professional circles to make their views known, will be associated with these reflections during this period. The Agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Italian Republic on the arrangements for the reopening in both directions of traffic to the heavy goods vehicles and coaches of the tunnel under the Mont Blanc, signed in Paris and Rome on 4 and 6 February 2003, entered into force on 6 February 2003.

Keywords

FOREIGN AFFAIRS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , ITALY , EXCHANGE OF LETTERS , RUNNING , ROUTIERE TRAFFIC , ROAD WATER , TUNNEL , MONT-WHITE TUNNEL , ROAD TUNNEL UNDER THE WHITE-WHITE , REOPENING THE TUNNEL , HEAVY WEIGHT , PTC , BUS , DELETING , TRAFFIC ALTERNEE

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JORF No. 0051 of 1 March 2003 Page 3631
Text N ° 2



Decree n ° 2003-163 of 28 February 2003 on the publication of the agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Italian Republic relating to Arrangements for the reopening in both directions of traffic to the heavy goods vehicles and coaches of the tunnel under the Mont-Blanc, signed in Paris and Rome on 4 and 6 February 2003 (1)

NOR: MAEJ0330013D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/2/28/MAEJ0330013D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/2/28/2003-163/jo/texte

The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In light of articles 52 to 55 of the Constitution;
In light of the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of international commitments entered into by France;
In view of Decree No. 67-684 of 7 August 1967 on the publication of the exchange of Letters of 1 March 1966 on the establishment of a Franco-Italian Commission for the control of the tunnel under the Mont-Blanc;
In view of Decree No. 73-521 of 28 May 1973 on the publication of the Convention between the French Republic and the Republic Italian concerning the Fréjus road tunnel, and of the Protocol on taxation and customs matters, signed in Paris on 23 February 1972;
Having regard to Decree No. 2002-199 of 14 February 2002 on the publication of the agreement in the form of an exchange of Letters between the Government of the French Republic and the Government of the Italian Republic approving the regulation of traffic in the tunnel under the Mont-Blanc, signed in Paris and Rome on 17 and 23 January 2002;
Decree No. 2002-918 of 31 May 2002 on the publication of the Agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Italian Republic on the arrangements for the reopening of the Tunnel under the Mont Blanc, signed in Paris and Rome on 10 and 29 April 2002;
In view of Decree No. 2002-934 of 14 June 2002 on the publication of the agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Italian Republic concerning the control of traffic in the tunnels of Mont Blanc and Fréjus, signed in Paris and Rome on 4 and 6 October 2001,
Décrète:

Article 1

The Agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Italian Republic concerning the arrangements for reopening the tunnel under the Mont Blanc tunnel under the Mont Blanc tunnel, signed in Paris and Rome on 4 and 6 February 2003, will be published in the Official Journal of the Republic French.

Article 2

The Prime Minister and the Minister for Foreign Affairs shall each be responsible for The execution of this Decree, which will be published in the Official Journal of the French Republic.

Appendix

A C C O R D

IN THE FORM OF EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE ITALIAN REPUBLIC RELATING TO THE REOPENING ARRANGEMENTS IN THE TWO SENS OF CIRCULATION OF THE LOURDS AND THE AUTOCARS OF MONT-MONT-BLANK TUNNEL

MINISTER OF EQUIPMENT,
OF TRANSPORT, HOUSING,
TOURISM AND SEA

Paris, February 4, 2003.

Dear Minister,
Referring to the Convention of 23 February 1972 between the French Republic and the Italian Republic concerning the Fréjus road tunnel, to the exchange of letters of 1 March 1966 on the The establishment of a Franco-Italian Commission for the control of the tunnel under Mont Blanc, of 4 and 6 October 2001 concerning the control of traffic in the tunnels of Mont Blanc and Fréjus, of 17 and 23 January 2002 approving the Regulation of the traffic in the tunnel under Mont Blanc and of 10 and 29 April 2002 concerning the arrangements for reopening the tunnel under the Mont-Blanc tunnel, I have the honour, of the order of my Government, to propose to you the provisions :

Article 1

Reaffirming their commitment to achieving as quickly as possible the objective of fair distribution of heavy goods traffic between the two alpine tunnels of the Mont-Blanc and Fréjus, under which each tunnel must provide at least 35 % of the total traffic of heavy goods vehicles, the Government of the French Republic and the Government of the Italian Republic agree, in the light of the opinion of the Committee Security close to the Intergovernmental Commission for the Control of the Mont-Blanc Tunnel and the proposal made by the Mont Blanc Tunnel, on the abolition of the Mont Blanc tunnel for transport vehicles more 3.5 tonnes PTAC (total authorized weight) effective 1 March 2003.

Article 2

The Government of the French Republic and the Government of the Italian Republic request the Intergovernmental Committee on the Control of the Fréjus Tunnel to approve, before 15 February 2003, the amendments to the circulation regulation applicable in this tunnel proposed by the working group set up by the committees Intergovernmental control of the Mont Blanc and Fréjus tunnels at the end of its meeting on 9 January 2003. The competent authorities in each State shall take the acts necessary for the entry into force of these amendments before 1 March 2003.

Article 3

The Government of the French Republic and the Government of the Italian Republic requests the respective local authorities to define as soon as possible the arrangements for ensuring a regular operational functioning of the joint patrols of agents in the two states In charge of monitoring compliance by users of traffic rules in the tunnels of Mont Blanc and Fréjus.

Article 4

At the end of a minimum period of six months from the return to In the two senses of the transport vehicles of more than 3.5 tonnes PTAC (total authorised weight in charge) in the Mont Blanc tunnel, an assessment of the effects of this measure will be established jointly by the two Governments for To ascertain whether the intended objective of equitable distribution referred to in Article 1 is achieved and, where appropriate, to study and take other complementary measures, in particular the fixing of the Fréjus tunnel with a maximum threshold of regulation Time and direction applicable to goods vehicles of more than 3.5 tonnes PTAC (total authorized weight in charge) and any other relevant measures according to the conclusions of appropriate studies and investigations that would be conducted
I would be grateful if you would be able to tell me whether the above provisions have been approved by your Government. In this case, this letter, together with your reply, will constitute the agreement between our two Governments concerning the arrangements for the reopening in the two directions of traffic to the heavy goods vehicles and buses of the Tunnel under the Mont-Blanc, an agreement which Will come into force on the date of your reply.
Please accept, Mr. Minister, the assurance of my high and cordial consideration.

Gilles de Robien
MINISTER
DES INFRASTRUCTURES
AND DES TRANSPORT

Rome, February 6, 2003.

Minister,
I have the honour to acknowledge receipt of your letter dated February 4, 2003, which reads as follows:
" Referring to the Convention of 23 February 1972 between the French Republic and The Italian Republic concerning the Fréjus road tunnel, the exchange of letters of 1 March 1966 on the establishment of a Franco-Italian commission for the control of the tunnel under the Mont-Blanc, of 4 and 6 October 2001 concerning controls Of the traffic in the tunnels of Mont Blanc and Fréjus, of 17 and 23 January 2002 approving the regulation of traffic in the tunnel under the Mont Blanc Et of 10 and 29 April 2002 on the arrangements for the reopening of heavy goods vehicles Du Tunnel sous le Mont-Blanc, I have the honour, of the order of my Government, to propose you the following provisions:

Article 1

Reaffirming their commitment to the most The objective of the fair distribution of heavy goods traffic between the two Alpine tunnels of Mont Blanc and the Fréjus tunnel under which each tunnel must ensure at least 35 % of the total traffic of the heavy goods vehicles, the Government of the The French Republic and the Government of the Italian Republic agree, in view of the opinion delivered by the Security Committee close to the Intergovernmental Committee for the Control of the Mont-Blanc Tunnel and of the proposal made by that same Commission, on the abolition of the Mont Blanc tunnel for transport vehicles of more than 3.5 tonnes PTAC (total authorised weight) as from 1 March 2003.

Article 2

The Government of the French Republic and the Government of the Italian Republic request the Intergovernmental Commission for the Control of the Fréjus Tunnel to approve, by 15 February 2003, the amendments to the Applicable traffic regulations in this tunnel proposed by the working group set up by the Intergovernmental Committees for the Control of Tunnels of Mont Blanc and Fréjus at the end of its meeting on 9 January 2003. The competent authorities in each State shall take the acts necessary for the entry into force of these amendments before 1 March 2003.

Article 3

The Government of the French Republic and the Government of the Italian Republic requests the respective local authorities to define as soon as possible the arrangements for ensuring a regular operational functioning of the joint patrols of agents in the two states In charge of monitoring compliance by users of traffic rules in the tunnels of Mont Blanc and Fréjus.

Article 4

At the end of a minimum period of six months from the return to In the two senses of the transport vehicles of more than 3.5 tonnes PTAC (total authorised weight in charge) in the Mont Blanc tunnel, an assessment of the effects of this measure will be established jointly by the two Governments for To ascertain whether the intended objective of equitable distribution referred to in Article 1 is achieved and, where appropriate, to study and to take other complementary measures, in particular the fixing of the Fréjus tunnel with a maximum threshold of regulation Time and direction applicable to goods vehicles of more than 3.5 tonnes PTAC (total authorized weight in charge) and any other relevant measures according to the conclusions of appropriate studies and investigations that would be conducted
I would be grateful if you would be able to tell me whether the above provisions have been approved by your Government. In this case, this letter, together with your reply, will constitute the agreement between our two Governments concerning the arrangements for the reopening in the two directions of traffic to the heavy goods vehicles and buses of the Tunnel under the Mont-Blanc, an agreement which Enter into force on the date of your reply "
I have the honour to inform you, Excellency, that the Italian Government approves the contents of the letter above.
Please accept, Minister, the expression of my most High consideration.

Pietro Lunardi

Done at Paris, February 28, 2003.

Jacques Chirac

By the President of the Republic:

The Prime Minister,

Jean-Pierre Raffarin

Foreign Minister,

Dominique de Villepin

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