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Summary

Implementation of articles 52 to 55 of the Constitution. The exercise of fishing in the part of the Doubs forming border between France and the Swiss Confederation is governed by an agreement signed on 29 July 1991. A regulation of the application of the agreement sets out the practical terms and conditions of this exercise. The Swiss Confederation passed a new federal Fisheries Act Order, which came into force on January 1, 2003. This new order prohibits the use of live baits as baits. These federal provisions apply to the Doubs, particularly in its border section, and therefore required an adjustment to the regulations for the implementation of the July 29, 1991 agreement. However, they leave the cantons free to authorize the use of live bait under certain conditions. On the proposal of the Technical Subcommission, the Joint Fisheries Commission on the Border Doubs adopted, on May 16, 2002, an amendment to section 3 of the regulations governing the application of the Agreement, relating to prohibited fishing gear and modes, under which the use of live fish as baits in the sectors of the watercourse classified in the first class, with the exception of the classified fishery of the second grade, any practice In all cases, fish must be fixed by mouth. This amendment ensures compliance with the new provisions of the federal law. Pursuant to Article 3, paragraph 2 of the Agreement of 29 July 1991 which provides that all amendments to the Regulations must be the subject of an exchange of notes between the Parties, the Government of the French Republic and the Swiss Federal Council entered into an agreement on 6 June 2003 in the form of an exchange of notes relating to the amendment of the Regulation of Implementation of the Agreement of 29 July 1991. This Agreement entered into force on 15 June 2003.

Keywords

BUSINESS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , SWITZERLAND , TERRITORIAL LIMITY , EXERCISE OF THE PEOPLE , AQUATICAL FAUNE , PATRIMOINE PISCICOLE , PROTECTION , PRESERVATION , MILIEU AQUATEMENT , ECHANGE

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JORF n°216 of 18 September 2003 page 16011
text No. 11



Decree No. 2003-888 of 11 September 2003 on the publication of the agreement in the form of an exchange of notes between the Government of the French Republic and the Swiss Federal Council on the amendment of the regulation of the application of the agreement of 29 July 1991 concerning the exercise of the fisheries and the protection of the aquatic environments in the part of the Doubs forming border between the two states, made in Paris on 6 June 2003 (1)

NOR: MAEJ0330076D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/9/11/MAEJ0330076D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/9/11/2003-888/jo/texte

President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 93-920 of 12 July 1993 on the publication of the agreement between the Government of the French Republic and the Swiss Federal Council concerning the exercise of the fisheries and the protection of the aquatic environments in the part of the Doubs forming border between the two states (a whole annex, a regulation of application and a declaration), signed in Paris on 29 July 1991,
Decrete:

Article 1

The agreement in the form of an exchange of notes between the Government of the French Republic and the Swiss Federal Council on the amendment of the regulation of the application of the agreement of 29 July 1991 concerning the exercise of the fisheries and the protection of the aquatic environments in the part of the Doubs forming border between the two states, made in Paris on 6 June 2003, will be published in the Official Journal of the French Republic.

Article 2

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

Annex

A C C O R D

EXCHANGE OF NOTES TO THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND SWITZERLAND COUNCIL RELATING TO THE MODIFICATION OF THE RULES OF AGREEMENT OF THE JULY 29, 1991 CONCERNING THE EXERCISE OF THE PAST AND THE PROTECTION OF

MINISTRY
BUSINESS
N° 1427 DE

Paris, 6 June 2003.

Embassy of Switzerland
142, rue de Grenelle, 75007 Paris

The Ministry of Foreign Affairs presents its compliments to the Swiss Embassy and refers to the agreement of 29 July 1991 between the Government of the French Republic and the Swiss Federal Council concerning the exercise of fishing and the protection of aquatic environments in the part of the Doubs forming border between the two states.
In its deliberations on 16 May 2002, the Joint Fisheries Commission on the Border Doubs, in accordance with Article 9, paragraph 5, of the Agreement, adopted a notice proposing the amendment of Article 3, paragraph 2, of the Agreement's Regulations.
Article 3, paragraph 2, of the Agreement provides that all amendments to the regulations mentioned shall be subject to an exchange of notes between the Parties.
The Government of the French Republic has approved the amendment of the regulations.
This note and the note that the Embassy may wish to address to the Ministry of Foreign Affairs constitute the Agreement of the two governments on the amendment of the Implementing Regulations adopted on 16 May 2002, which came into force on 15 June 2003.
The Ministry of Foreign Affairs takes this opportunity to renew to the Swiss Embassy the assurance of its high consideration.

SWITZERLAND AMBASSADE
FRANCE
No. 476.52 MOH/tbm

Paris, 6 June 2003.

Ministry of Foreign Affairs,
Economic Affairs Directorate,
sub-direction of the environment
and sectoral cooperation,
37, dock of Orsay,
75007 Paris

The Embassy of Switzerland presents its compliments to the Ministry of Foreign Affairs and has the honour to refer to the agreement of 29 July 1991 between the Swiss Federal Council and the Government of the French Republic concerning the exercise of fishing and the protection of aquatic environments in the part of the Doubs forming border between the two states.
In its deliberations on 16 May 2002, the Joint Fisheries Commission on the Border Doubs, in accordance with Article 9, paragraph 5, of the Agreement, adopted a notice proposing the amendment of Article 3, paragraph 2, of the Agreement's Regulations.
Article 3, paragraph 2, of the Agreement provides that all amendments to the regulations mentioned shall be subject to an exchange of notes between the Parties.
The Swiss Federal Council approved the amendment of the regulations.
This note and the note that the Department has kindly addressed to the Embassy constitute the agreement of the two Governments on the amendment of the regulations adopted on 16 May 2002, which came into force on 15 June 2003.
The Embassy of Switzerland takes this opportunity to renew to the Ministry of Foreign Affairs the assurance of its high consideration.

A N N E X E

AGREEMENT OF 29 JULY 1991 AGAINST THE SWITZERLAND COUNCIL AND THE GOVERNMENT OF THE FRENCH REPUBLIC CONCERNING THE EXERCISE OF THE FAST AND PROTECTION OF AQUATICAL MILITIES IN THE PART OF THE FUTURE SUBSTANCE WITH THE TWO

Amendment of regulations

The regulations of 2 June 1995 of the above-mentioned agreement are amended to read:
Article 3, paragraph 2. - In addition, fishing modes and equipment are regulated as follows:

You can see the table in the OJ
n° 216 of 18/09/2003 page 16011 to 16012

Done in Paris, September 11, 2003.

Jacques Chirac

By the President of the Republic:

The Prime Minister,

Jean-Pierre Raffarin

Minister of Foreign Affairs,

Dominique de Villepin

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