Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 89-207 issuing the agreement between the Government of the French Republic and the Swiss Federal Council on mutual assistance in the event of a disaster or serious accident, made in Bern on 14 January 1987,
Decrete:
The agreement in the form of an exchange of letters between the Government of the French Republic and the Swiss Federal Council, complementary to the agreement of 14 January 1987 on mutual assistance in the event of disasters or serious accidents, signed in Bern on 28 February 2007 and 25 June 2007, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs 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
EXCHANGE OF LETTERS TO THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE SWITZERLAND COUNCIL, INCLUDING TO THE CORD OF 14 JANUARY 1987 ON MUTUAL ASSISTANCE IN CATASTROPHY OR GRAVE, SIGNED TO JUNE 2007
AMBASSADE DE FRANCE
SWITZERLAND
No. 346/Ga
Federal Department for Foreign Affairs,
Federal Palace West,
3003 Bern
Bern, 28 February 2007
The Embassy of France presents its compliments to the Federal Department of Foreign Affairs and, with reference to the Agreement of 14 January 1987 between the Swiss Federal Council and the Government of the French Republic on mutual assistance in the event of disasters or serious accidents (hereinafter: the 1987 Agreement), has the honour to propose a supplementary agreement for training and training in the territory of the other State of units dedicated to mountain rescue.
The 1987 Agreement, in its Article 13, paragraph 3, provides for the conduct of joint exercises involving the participation of the teams of one Party in the territory of the other. Training and training of mountain rescue units in the territory of the other State at the initiative and under the responsibility of one of the Contracting Parties must therefore also be planned and encouraged. This possibility offers not only a greater choice of races, but also a better preparation of units for large-scale cross-border relief.
The intention of training or training must be announced before the authorities of the other State by the authorities of which the mountain rescue units involved are responsible. These authorities are those listed in Article 3 of the 1987 Agreement. The announcement in question will be sent to the Swiss authorities of the Cantons concerned, respectively to the French authorities of the Departments concerned, when training and training take place within the border area (according to the definition given in Article 10, paragraph 2, of the 1987 Agreement) and to the national authorities when training and training take place outside the area. In accordance with Article 3, paragraph 3, the lists of such addresses will be maintained by using the diplomatic channel.
Articles 6 (exempt of the border zone) and 7 (import and export of means for operation) of the 1987 Agreement shall apply mutatis mutandis to mountain rescue units when they consider conducting training and training activities in the territory of the other State.
If agents carrying out public functions were to participate in training and training activities of mountain rescue units in the territory of the other Party, excluded military activities, they will not be invested with any sovereignty mission and will not be carrying out any uniform or service weapon. However, these agents will be able to borrow vehicles from their original administration to go to the starting point of their mountain race. They will have to have valid civil liability insurance abroad.
For the duration of the stay in the territory of the other Party, the agents of the Contracting Party who sends their personnel to participate in training and training activities of the units dedicated to mountain rescue (Part of origin) will continue to fall within the social protection regime to which they are attached. Any costs incurred by emergency care provided to agents of the Party of origin will be advanced by the Party in the territory of which training and/or training take place and will be reimbursed by the Party of origin upon presentation of a supporting document.
Each Party shall cover damage caused by a member of its mountain rescue units participating in training or training in the territory of the other Party.
The Embassy of France has the honour to propose that this note and the response of the Federal Department of Foreign Affairs constitute a supplementary agreement to the Agreement of 14 January 1987 between the Swiss Federal Council and the Government of the French Republic on 1 mutual assistance in the event of a serious disaster or accident, a supplementary agreement which will enter into force on the date of the reply and may be denounced at any time by diplomatic means of six months' notice.
The French Embassy takes this opportunity to renew to the Federal Department of Foreign Affairs the assurance of its high consideration.
DEPARTMENT
DAILY
DFAE
Bern, 25 June 2007
The Federal Department for Foreign Affairs presents its compliments to the French Embassy and has the honour to acknowledge receipt of its note of 28 February 2007, which has the following content:
"The French Embassy presents its compliments to the Federal Department of Foreign Affairs and, with reference to the Agreement of 14 January 1987 between the Swiss Federal Council and the Government of the French Republic on Mutual Assistance in the Event of Disasters or Serious Accidents (hereinafter: the 1987 Agreement), has the honour to propose a supplementary agreement for training and training in the territory of the other State of units dedicated to mountain rescue.
The 1987 Agreement, in its Article 13, paragraph 3, provides for the conduct of joint exercises involving the participation of the teams of one Party in the territory of the other. Training and training of mountain rescue units in the territory of the other State at the initiative and under the responsibility of one of the Contracting Parties must therefore also be planned and encouraged. This possibility offers not only a greater choice of races, but also a better preparation of units for large-scale cross-border relief.
The intention of training or training must be announced before the authorities of the other State by the authorities of which the mountain rescue units involved are responsible. These authorities are those listed in Article 3 of the 1987 Agreement.
The announcement in question will be sent to the Swiss authorities of the Cantons concerned, respectively to the French authorities of the Departments concerned, when training and training take place within the border area (according to the definition given in Article 10, paragraph 2, of the 1987 Agreement) and to the national authorities when training and training take place outside the area. In accordance with Article 3, paragraph 3, the lists of such addresses will be maintained by using the diplomatic channel.
Sections 6 (passion) and 7 (import and export of means for the operation) of the 1987 Agreement will apply mutatis mutandis to mountain rescue units when considering training and training activities in the territory of the other State.
If agents exercising public functions were to participate in training and training activities of mountain rescue units in the territory of the other Party, excluded military activities, they will not be invested with any sovereignty mission and will not be carrying out any uniform or service weapon. However, these agents will be able to borrow vehicles from their original administration to go to the starting point of their mountain race. They will have to have valid civil liability insurance abroad.
For the duration of the stay in the territory of the other Party, the agents of the Contracting Party who sends their personnel to participate in training and training activities of the units dedicated to mountain rescue (Part of origin) will continue to fall within the social protection regime to which they are attached. Any costs incurred by emergency care provided to agents of the Party of origin will be advanced by the Party in the territory of which training and/or training take place and will be reimbursed by the Party of origin upon presentation of a supporting document.
Each party covers damage caused by a member of its mountain rescue units participating in training or training in the territory of the other Party.
The Embassy of France has the honour to propose that this note and the response of the Federal Department of Foreign Affairs constitute a supplementary agreement to the Agreement of 14 January 1987 between the Swiss Federal Council and the Government of the French Republic on mutual assistance in the event of a serious disaster or accident, a supplementary agreement which will enter into force on the date of the reply and may be denounced at any time by diplomatic means of six months' notice.
The French Embassy takes this opportunity to renew to the Federal Department of Foreign Affairs the assurance of its high consideration. »
The Federal Department for Foreign Affairs has the honour to communicate that the Swiss Federal Council agrees on the above and takes this opportunity to renew to the French Embassy the assurance of its high consideration.
Done in Paris, September 11, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
