Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given Act No. 2007-305 of 5 March 2007 Authorising the ratification of the agreement between French Republic and the Federal Republic of Germany concerning the construction of a railway bridge on the Rhine at Kehl;
In light of Decree No. 53-192 of 14 March 1953 on the ratification and publication of undertakings International subscribed by France;
Having regard to Decree No. 2000-924 of 18 September 2000 on the publication of the agreement between the Government of the French Republic and the Government of the Federal Republic of Germany relating to cooperation In their border areas between police authorities and customs authorities (a statement), signed at Mondorf-les-Bains on 9 October 1997;
In view of Decree No. 2001-1176 of 5 December 2001 on the publication of the Convention on Environmental Impact Assessment in a Transboundary Context (Together Seven appendices), signed at Espoo (Finland) on 25 February 1991,
Décrète:
Agreement between the French Republic and the Federal Republic of Germany on the construction of a Railway bridge on the Rhine at Kehl, signed in Berlin on 14 March 2006, will be published in the Official Journal of the French Republic.
Prime Minister and Minister for Foreign Affairs and European are responsible for the execution of this Decree, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE FRENCH REPUBLIC AND THE FEDERAL REPUBLIC OF GERMANY ON THE CONSTRUCTION OF A FERROVIARY BRIDGE ON THE RHIN IN KEHL (ENSEMBLE TWO ANNEXES)
The Republic French and the Federal Republic of Germany, hereinafter referred to as " Contracting States ",
Desiring to improve rail links between the two States,
Having regard to the Agreement of 30 January 1953 between the Government of the French Republic and the Government of the Federal Republic of Germany On fixed bridges and ferries crossing the Rhine at the Franco-German border,
Referring to the La Rochelle Protocol of 22 May 1992 on the interconnection of French and German high-speed rail networks,
Given the Convention of the 25 February 1991 on environmental impact assessment in a context (Espoo Convention) and Council Directive 85 /337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (Official Journal L 175 of 5 July 1985, p. 40) as amended by Council Directive 1997 /11/EC of 3 March 1997 (Official Journal L 73 of 14 March 1997, p. 5) and Directive 2003 /35/EC of the European Parliament and of the Council of 26 May 2003 (Official Journal L 156 of 25 June 2003, p. 17),
In view of the agreement of 9 October 1997 between the Government of the French Republic and the Government of the Federal Republic of Germany on cooperation in their cross-border zones between the police authorities and the authorities French and German customs (Mondorf agreement), in its current version or the agreements which follow it,
In view of the opinion of the Central Commission for the Navigation of the Rhine of 1 December 2005,
In view of the procedural guide " Transboundary Consultations of Authorities and the Public on Projects with Significant Environmental Effects in the Upper Rhine Area of June 1, 2005 ",
Have agreed as follows:
Article 1st
Purpose of the Agreement
1. The single-track railway bridge crossing the Rhine near Kehl on the French and German territories is replaced by a two-lane railway bridge hereinafter referred to as " Kehl Bridge " To improve the interconnection of high-speed rail networks between the French Republic and the Federal Republic of Germany.
2. The purpose of this Agreement is to regulate the implementation, financing and maintenance of the Kehl Bridge.
3. Annexes A (Presentation of the costs relating to the Kehl Bridge and the apportionment of costs between Contracting States) and B (Data Protection Provisions) form an integral part of this Agreement.
Article 2
Description of the work
The Kehl Bridge is built approximately at kilometre 293.7 of the Rhine. It consists of two bays with a total length of approximately 239 metres. The Kehl Bridge makes it possible to clear a navigable gauge of 7.00 metres in relation to the level of the highest navigable waters (137.77 IGN 69 ortho or 137.28 NN new system) over a width of at least 88 metres under the east span, and over a width At least 60 metres below the western span measured from the bridge pile shaft. The book supports two lanes for a speed of 160 km/h with a 4-meter track.
Article 3
Job Execution
1. The Federal Republic of Germany has completed work on the construction of the Kehl Bridge and the demolition of the existing single-track bridge. The implementation of the Kehl Bridge is scheduled for 2010.
2. The completion of the work includes all the necessary work at the level of the abutments, the transition structures between the hard superstructure of the Kehl Bridge and the superstructure of the The ballast track on the French side and on the German side, the double-track renewal of the bridge over the French side (of the road access road), the launching pad and the laying of railway equipment, as well as The demolition of the old bridge. Also part of the work is the work necessary for studies, tenders, monitoring of work and completion of the necessary authorisation procedures.
3. The Federal Republic of Germany entrusts to federal undertakings in charge of railway infrastructure the studies, tenders, tenders, execution and supervision of the works. They act in their own right with regard to the undertakings and third parties concerned by the completion of the new work and the demolition of the old bridge.
4. The structure shall be constructed in accordance with the applicable German technical standards and requirements. The detailed characteristics of the railway equipment are agreed between the French and German companies in charge of rail infrastructure.
5. The completion of the authorisation procedures necessary for the completion of the work as described in paragraphs 1 and 2 shall be governed by French law for the part of the work situated in French territory and by German law For the part of the work located on German territory.
6. The Kehl Bridge lies approximately between the rail mileage 13.78 (DB Netz Aktiengesellschaft) and the rail mileage 7.6 (French rail network). The construction and assembly platform is located on the French bank and extends to the railway mileage 7.45 (Réseau ferré de France).
7. Tendering shall be conducted in accordance with Community law in
. It is the responsibility of each Contracting State to finance and construct the works and the routes giving access to the bridge over its own territory. The companies in charge of rail infrastructure in Germany and France agree on the routes to be built.
9. The provisions of the Central Commission's Protocol 1990-I-32 for the navigation of the Rhine are applied during the work.
Article 4
Applicable procedures for environmental legislation
In accordance with the Convention of 25 February 1991 on the assessment of environmental impact in a transboundary context, the German competent authority transmits to the French competent authority immediately after the beginning Of the procedure of admissibility of the project in order to associate the Public and the authorities on the French side, a copy of the files relating to the project, including a French translation of the environmental impact assessment file and the time limits applicable to the procedure.
Article 5
Costs
1. On the basis of the preliminary studies, the total cost of the construction of the Kehl Bridge, as described in Article 3 (2), is estimated at approximately EUR 22.6 million (excluding taxes), expressed as of June 2004. The Federal Railway Agency shall update the estimated costs by applying a price index fixed by the working group established in accordance with Article 11.
2. The distribution of the costs of the Kehl Bridge between States The additional costs incurred shall be subject to the apportionment of costs as set out in Annex A. Possible modifications of the work to carry out the Kehl Bridge liable to incur additional costs Shall be authorized by the Working Group as provided for in Article 11.
3. If the technical implementation studies show the need to transfer, within the framework of the implementation of the work under Article 3, part of the work to the French Republic, the French party shall receive compensation The share of the costs which, in accordance with Annex A, fall to the Federal Republic of Germany. The payment of such compensation shall be deducted from the costs incurred by the Federal Republic of Germany to the French Republic in accordance with Article 5 (4). The transfer of the execution of part of the work to the French Republic shall be validated by the joint working group referred to in Article 11. To this end, undertakings in charge of the railway infrastructure entrusted by the Federal Republic of Germany pursuant to Article 3 (3) and the undertaking responsible for the competent railway infrastructure on the French side file A joint application with the joint working group.
4. In the distribution of costs relating to the construction of the Kehl Bridge and the destruction of the bridge to an existing road between the two Contracting States, the indirect taxes included in the costs are not taken into account. These fees are borne by the Federal Republic of Germany on German territory and by the French Republic on French territory.
5. The Federal Republic of Germany prefinancing the work. On the basis of the progress of the work, it shall, in accordance with the apportionment of costs set out in this Agreement, draw up a table of the costs which it has financed and invoice the French Republic for the part of the costs incurred by it under the Agreement.
6. The Federal Railway Office establishes for each invoice issued a monitoring report which makes it possible to link the work invoiced to Annex A and which attests the progress of the work and exhibits in a contradictory manner the amount of the Projected investments in the agreement and the investment costs charged by justifying the discrepancies identified.
7. The French Republic pays the invoice costs to the Federal Republic within six months of receipt of the invoice.
8. The expenditure relating to the studies and the completion of the authorisation procedures necessary for the completion of the Kehl Bridge which were financed by the Federal Republic of Germany and the French Republic before the entry into force of the Agreement shall be submitted for validation to the joint working group established under Article 11. These expenses shall be subject to the apportionment of costs as set out in Annex A.
Article 6
of the necessary rights-of-way to the Kehl Bridge and to the work
Each of the Contracting States Ensures that, on its own territory, the necessary land temporarily or permanently for the construction of the work is available and bears the corresponding expenditure.
Article 7
Receiving and Servicing
1. After the completion of the work for each tranche jointly defined by the railway infrastructure companies, the competent authorities of the Federal Republic of Germany shall receive the work in the presence of the Representatives of the French Republic, undertakings in charge of railway infrastructure and contractors.
2. The Contracting States agree to a final reception of the new work and the granting of authorisation The exploitation of the new work after completion of the work by the The competent authorities of the Federal Republic of Germany in the presence of representatives of the French Republic and of the entrepreneurs. The French Republic instrucs the Federal Republic of Germany to take into account all the benefits necessary for obtaining the operating authorisation and recognises the decisions of the Federal Republic of
. After the final reception of the new work, the part of the latter located on French territory is given to the French Republic.
4. The Federal Republic of Germany is responsible for the maintenance of the Kehl Bridge. The two Contracting States shall bear the costs of maintenance relating respectively to the parts of the work located on their
. Maintenance includes all work required for maintenance, inspection, restoration of the new Kehl Bridge and associated facilities. This is part of all the measures that guarantee a consistent use and the corresponding technical state of the new Kehl Bridge in the respect of its carrying capacity without changing the essential dimensions and the static behavior of Cross-border work.
Article 8
Right of entry
1. For persons involved in the construction, maintenance and inspection of the Kehl Bridge, the requirement for a residence permit, a visa, as well as passports or documents in place of a passport, shall be governed by the law in force on the territory Of the Contracting State on which the person in question is located.
2. In the event that a work permit is required for employment in the construction and maintenance of the Kehl Bridge, the issuance of that permit shall be governed, including Activities carried out in the territory of the other Contracting Party, exclusively by The law of the Contracting State to which the work is carried out under Articles 3, 4, 5 and 7, and the inspections related to them.
3. The Contracting States undertake to readmit without formality and at any time any person entered in the territory of the other Contracting State in the context of this Agreement and having violated the provisions of this Agreement or of Illegal on this territory.
Article 9
Tax provisions
1. The goods necessary for the construction and maintenance of the Pont de Kehl are not subject to any prohibition or limitation in their intra-Community transfer from the territory of a Contracting State in the territory of the other State
competent tax and customs authorities of both Contracting States shall consult, inform and provide each other with the information and assistance necessary for the application of their legal responsibilities and The provisions of paragraph 1.
3. This Agreement shall not affect the application of the provisions of the Convention of 21 July 1959 between the French Republic and the Federal Republic of Germany for the avoidance of double taxation and the establishment of rules of assistance Mutual Administrative and Legal Affairs in Respect of Taxes on Income and on Capital and on the Contribution of Patents and Land Contributions, as well as the Additional Protocol and the two exchanges of letters of 21 July 1959, as amended by the endorsements of 9 June 1969, 28 September 1989 and 20 December 2001, and taking into account any future amendments.
Article 10
Terms of labour law
German law applies to contracts of employment of persons exercising Activities related to the construction and maintenance of the Kehl Bridge.
Article 11
Common Working Group
1. A Franco-German working group shall be established which shall at least meet the representatives of the following authorities and companies:
1 ° Federal Republic of Germany:
(a) the Ministry responsible for transport,
(b) the Office Federal Railways,
(c) undertakings in charge of railway infrastructure.
2 ° French Republic:
(a) the department responsible for transportation,
(b) the Public Railway Safety Establishment,
(c) The French rail network.
2. The working group has an advisory function on matters relating to funding, Work and authorization procedures required in the context of the completion of the Kehl Bridge, including:
1 ° Authorisation procedures, workflow, work schedule and cost changes;
2 ° The expenditure situation, payment deadlines;
3 ° The issues raised by the implementation of this agreement, With the exception of taxation and customs matters.
The joint working group shall decide in particular:
(a) the validation of additional costs and transfers of the execution of works in accordance with Article 5 (2) and (3), as well as their financial allocation between the Contracting States,
(b) of the validation and of the Distribution of expenditure relating to studies and the implementation of the authorisation procedures necessary for the completion of the Kehl Bridge which were financed by the Federal Republic of Germany and the French Republic before the entry into force of the Strength of this Agreement,
(c) the determination of the price index provided for in Article 5, Paragraph 1.
3. Maintenance issues are dealt with separately between undertakings in charge of the railway infrastructure of the Contracting States.
4. The Working Group may, if necessary, invite experts or representatives of other authorities of both Contracting States to participate in meetings.
5. In principle, the Working Group shall adopt its recommendations and decisions by mutual agreement. If differences on the recommendations to be given appear in the working group, they shall be forwarded to the competent authorities for
. The Working Group dissolves after the commissioning of the Kehl Bridge.
Article 12
Dispute Settlement
Disputes concerning the interpretation or application of this Agreement Shall be settled by the competent authorities of the Contracting States. To this end, each Contracting State may request the opinion of the working group provided for in Article 11 of this Agreement. In the absence of an agreement, diplomatic channels may be used.
Article 13
Ratification and Entry into Force
1. This Agreement is subject to ratification.
2. This Agreement shall enter into force on the first day of the second month following the exchange of instruments of ratification.
3. This Agreement shall be concluded for an initial period of twenty years. It shall be renewable by tacit renewal for new periods of ten years, unless terminated by one of the Contracting States, at least one year before the expiry of its
. The registration of this Agreement with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations shall be provided by the Federal Republic of Germany immediately after its entry into force. The French Republic is informed by the communication of the United Nations registration number, as soon as confirmed by the Secretariat of the United Nations.
Done at Berlin on 14 March 2006 in duplicate in languages French and German, both texts being equally authentic.
Philippe Douste-Blazy,
Minister
of Foreign Affairs
Dominique Perben,
Minister of Transport,
of the Equipment,
of Tourism and of the Mer
Frank-Walter Steinmeier,
Federal Minister
of Foreign Affairs
Wolfgang Tiefensee,
Federal Minister
Transport, Building
and Urban Development
A N N E X E A
TO THE AGREEMENT BETWEEN THE REPUBLIC FRENCH AND THE FEDERAL REPUBLIC OF GERMANY
ON THE CONSTRUCTION OF A FERROVIARY BRIDGE ON THE RHIN AT KEHL
Cost Distribution
You can consult the table in OJ
No 139 of 17/06/2007 text number 3
A N N E X E B
IN THE AGREEMENT BETWEEN THE FRENCH REPUBLIC AND THE FEDERAL REPUBLIC OF GERMANY ON THE CONSTRUCTION OF A RAILWAY BRIDGE ON THE RHIN
Data Protection Provisions
In compliance with the national law of each Contracting State, the transmission and use of personal data (hereinafter referred to as data) shall be subject, in this Agreement, to the following provisions:
1. The receiving service shall inform the issuing service of the other Contracting State, on request, of the data transmitted and of the results thus obtained.
2. The use of the data by the receiving service shall be authorised only for the purposes described in this Agreement and under the conditions laid down by the issuing service. It is also authorized for the prevention and punishment of crimes of a significant nature and for combating serious threats to public safety.
3. The issuing service shall be required to ensure the accuracy of the data provided and the necessary and proportionate nature of the transmission in relation to the objective sought. In this respect, the grounds for non-communication in force in each domestic law are to be respected. The transmission of data does not occur if the issuing service is to assume that the transmission would be contrary to the objective of a law of its national law or would be prejudicial to the interests of the persons concerned. If it is found that incorrect data or should not have been transmitted, the addressee must be informed without delay. The latter is required to immediately correct or delete the data in question.
4. Upon request, a data subject must be informed of the data and the intended use of the data. Such information may be refused if the interest of the State in not communicating the information outweighs the interest of the applicant. For the rest, the right of the person concerned to information is governed by the internal law of the Contracting Party on the national territory of which the request for information is made.
5. When transmitting the data, the issuing service shall specify the time limits laid down in its national law for the retention of such data and the outcome of which they should be deleted. Regardless of these deadlines, the data transmitted must be deleted as soon as they are no longer needed for the object for which they were communicated.
6. The sending and receiving service undertake to take note of the communication and receipt of the data.
7. The sending and receiving service are required to effectively protect the data disclosed against unauthorized access, modification and dissemination.
Done at Paris, June 14 2007.
Nicolas Sarkozy
By the President of the Republic:
Prime Minister,
François Fillon
Foreign Affairs Minister
and European,
Bernard Kouchner
