Key Benefits:
The President of the Republic,
On the Prime Minister's Report Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Having regard to the agreement between the Government of the French Republic and the Swiss Federal Council on the connection of Switzerland to the French rail network, Notably to high-speed links (together an annex), signed at Geneva on 5 November 1999;
In view of Law No. 85-704 of 12 July 1985 on control Of public works and its relations with the control of private work;
In view of Act No. 97-135 of 13 February 1997 establishing the public establishment " French rail network " With a view to the renewal of rail transport;
Having regard to Decree No. 97-444 of 5 May 1997 on the missions and statutes of the French rail network;
Having regard to Decree No. 53-192 of 14 March 1953 on the ratification and publication of the International commitments undertaken by France,
Describes:
Agreement between the Government of the French Republic and the Swiss Federal Council on the Co-financing by Switzerland of the work to upgrade the Paris-Ain-Geneva/nord de la Haute-Savoie rail link, signed in Paris on 25 August 2005, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are each 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 GOVERNMENT OF THE FRENCH REPUBLIC AND THE SWISS FEDERAL COUNCIL FOR SWITZERLAND WORK TO UPGRADE THE RAIL LINK PARIS-AIN-GENÈVE/NORD DE LA HAUTE-SAVOIE
The Government of the French Republic and the Swiss Federal Council,
Hereafter: Contracting Parties,
Given the Convention of 5 November 1999 between the Government of the French Republic and the Swiss Federal Council on the connection of Switzerland to the French rail network, in particular to high-speed links, which Entered into force on 28 March 2003, hereinafter the bilateral convention of 5 November 1999;
In view of French law n ° 97-135 of 13 February 1997 establishing the public establishment Réseau ferré de France (RFF) for the renewal of transport Rail;
In view of French Decree No. 97-444 of 5 May 1997 on missions and The statutes of the FRF;
In view of French law n ° 85-704 of 12 July 1985 on the control of public works and its relations with the control of private work;
In view of the Swiss Federal Decree on Alpine transit of 4 October 1991;
In view of the decree Swiss Federal Decision on the construction of the railway line across the Alps, amendments of 20 March 1998;
In view of the Swiss Federal Order for commitment appropriations for the first phase of the connection to high-speed lines of 8 March 2005;
Given the Federal Law on the Connection of Eastern and Western Switzerland to the European network of high performance trains of 18 March 2005;
Desiring to improve rail links between France and Switzerland and thereby creating the conditions for increased rail traffic;
Desirable Facilitate the transport of passengers between, on the one hand, the major agglomerations of France and, on the other hand, Switzerland,
have agreed as follows:
Article 1
In accordance with the bilateral convention of 5 November 1999, this Agreement is intended to define the mutual commitments of the Contracting Parties in respect of the Financing and implementation of the modernisation work of the Bourg-en-Bresse line in Bellegarde-sur-Valserine (" Top Bugey line ") For the improvement of the Paris-Ain-Geneva/Nord of Haute-Savoie rail link.
Article 2
1. The programme provided for by this Agreement shall provide for the renewal of the track, the electrification of the line, the development of the crossing points, the development of the stops, the creation of the Nurieux railway station and the Redevelopment of the TGV train station at the station of Bellegarde, the installation of modern signage, as well as works of adaptation of works of art and security installations. The detailed description of the project is the subject of a financing and implementation agreement between the Réseau ferré de France (RFF) and the SNCF and the parties financing the planned programme.
2. The furrows resulting from the realization of the Program of infrastructure modernization and operating improvement will allow for a global time saving of up to 30 minutes on the Paris-Ain-Geneva relationship.
3. RFF and SNCF are the owners of the works for the installations of which they have the property.
4. The implementation of the measures provided for in paragraph 1 shall be subject to French
. The publication of tenders for the work referred to in paragraph 1 shall be carried out simultaneously in France and Switzerland. The award procedure guarantees equal treatment between companies established in France and Switzerland.
Article 3
1. The cost of the work is estimated by the owners at 303 million euros (excluding taxes) under the economic conditions of June 2004.
2. On the basis of the Swiss services provided for in the preliminary draft summary (APS), which will be put into effect Place gradually, the Swiss part undertakes to grant a lump sum contribution to funds lost to RFF and SNCF of an overall amount of EUR 110 million, the balance being borne by all the French co-financers. The funding and implementation agreement defines the terms and conditions of payment between the parties funding the intended program.
3. The actual expenditure incurred by the French party will be distributed among the various French cofinancers concerned, which will be specified in the financing and implementation agreement. The French part undertakes to finance the expenses of all the co-financers other than the two parties in the framework of the financing and implementation agreement which will be provided for in this regard.
4. However, in the event of major hazard occurrence, this Agreement shall not apply and shall be renegotiated.
Article 4
An international monitoring committee responsible for monitoring the progress of the work Will be in place and will meet semi-annually. It will be composed of representatives of each of the Contracting Parties to the financing and implementation agreement, as well as representatives of the other managers of the infrastructure and the railway undertakings concerned. Associated as observers. This committee will be chaired by the Prefect of Rhône-Alpes and will prepare the draft decisions submitted to the Steering Committee. The meeting may be requested by either Contracting Party.
2. The steering committee set up by the bilateral convention of 5 November 1999 will be kept regularly informed of the progress of the work by the Monitoring Committee As well as by the owner. Within the framework of this Agreement, the Steering Committee shall have the exclusive right to make decisions having a financial impact on the operation. They are binding on the actors involved.
Article 5
1. Any dispute between the Contracting Parties relating to the application or interpretation of this Agreement shall be submitted to the Steering Committee set up by the bilateral Convention of 5 November 1999.
an agreement does not occur within that committee, the dispute shall be brought before a arbitral tribunal at the request of either Contracting Party.
3. The arbitral tribunal shall be composed of three members: an arbitrator appointed by each of the contracting parties and a third arbitrator appointed by common accord of the first two, who assumes the chairmanship of the
. If, at the end of three months from the appointment of the first arbitrator, the court is not duly appointed, each Contracting Party may request the Secretary-General of the Permanent Court of Arbitration of The Hague to make the appointments Necessary.
5. The arbitral tribunal shall act by a majority of the votes. The decisions of the arbitral tribunal shall be final and binding on the Contracting Parties.
Article 6
1. This Agreement shall enter into force as soon as the Contracting Parties have notified the completion of their internal procedures required for that purpose.
2. This Agreement shall terminate the payment of the balance of the financial flows
. Paris, August 25, 2005, in two originals, in French.
For the Government
of the French Republic:
Dominique Perben
Minister of Transport,
of the equipment,
of tourism and of the Mer
For the Swiss Federal Council:
Moritz Leuenberger
Head of the
Federal Department of the Environment,
Transport, Energy
, and Communication
Done at Paris, July 25, 2006.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
