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 in 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-Dijon-Dole-Lausanne/Neuchâtel-Bern 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 FEDERAL COUNCIL SUISSE COFINANCING BY SUISSE DES RAIL LINK MODERNIZATION WORK PARIS-DIJON-DOLE-LAUSANNE/NEUCHÂTEL-BERNE
The Government of the French Republic and the Swiss Federal Council,
hereinafter referred to as the Contracting Parties,
In view of the Convention of 5 November 1999 between the Government of the Republic of France French 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;
French law n ° 97-135 of 13 February 1997 establishing the establishment Public Réseau ferré de France (RFF) for the renewal of rail transport;
Given the French decree n ° 97-444 of 5 May 1997 on the missions and the statutes of FRF;
In view of French law n ° 85-704 of 12 July 1985 on control The
Federal Order on Alpine Transit of 4 October 1991;
In view of the Swiss Federal Order concerning the construction of the railway line through the Alps, Amendments of 20 March 1998;
In view of the Swiss Federal Decision on the commitment appropriations for the First phase of the connection to high-speed lines of 8 March 2005;
In view of 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 The rail links between France and Switzerland and thus create the conditions conducive to increasing rail traffic;
Wishing to facilitate the transport of passengers between, on the one hand, the major agglomerations of France and, On the other hand, Switzerland,
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 How to finance and carry out the work necessary for the first phase of the modernization of the lines between:
a) Paris-Dijon-Dole-Lausanne and
b) Paris-Dijon-Dole-Neuchâtel-Bern.
Article 2
1. The programme provided for by this Agreement shall provide for the modification of electrical installations, line work, the electromagnetic compatibility of the new telecommunications installations, arrangements for the Safety of the travelling public, as well as the 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 parties funding the planned programme.
2. The furrows resulting from the implementation of the programme Modernization of the infrastructure and improvement of the operation will allow to consider a global time saving up to 15 minutes on the relations Paris-Dole-Lausanne/Neuchâtel-Bern for the best time of course.
3. RFF is the owner of the work for the facilities that it owns.
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 contractor at 37.1 million euros (excluding taxes) under the economic conditions of June 2004. The actual expenditure is paid equally by the Swiss part, on the one hand, and all the French co-financers, on the other hand.
2. On these bases, the Swiss part undertakes to grant a contribution to funds lost to RFF. The financing and implementation agreement defines the terms of payment between the parties financing the planned programme and the updating of the contribution to the lost funds of Switzerland.
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. In the event of a final statement of expenditure less than the estimated need for financing referred to in paragraph 1, Switzerland's financial participation shall be reduced by half the amount saved. In the event of a risk of exceeding the estimated amount of work or modification of the programme, the Monitoring Committee referred to in Article 4 shall be informed and propose the measures to be taken by the Steering Committee set up by the bilateral convention On November 5, 1999. However, in the event of major hazard occurrence, this Agreement shall not apply and shall be renegotiated.
Article 4
1. An international monitoring committee to monitor the progress of the work will be set up 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 Franche-Comté 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.
Done at Paris, July 25, 2006.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Dominique de Villepin
Foreign Minister,
Philippe Douste-Blazy
For the Government
of the Republic French:
Dominique Perben
Minister of Transport,
of the equipment,
for tourism and the sea
For the Swiss Federal Council:
Moritz Leuenberger
Head of the federal department
of the environment,
transports,
energy, and
communication
