Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them articles 52 to 55 of the Constitution;
Vu la Act No. 2008-1431 of 27 December 2008 authorizing the approval of the agreement in the form of an exchange of letters between the Government of the French Republic and the Swiss Federal Council on the establishment of nationally controlled offices in Pontarlier and Vallorbe stations;
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. 61-917 of 8 August 1961 publication of the convention between France and Switzerland on nationally controlled offices and on-road controls,
Decrete:
The agreement in the form of an exchange of letters between the Government of the French Republic and the Swiss Federal Council on the establishment of nationally controlled offices in Pontarlier and Vallorbe stations, signed in Paris on 12 September 2002 and 30 April 2003, 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 RELATING TO THE ESTABLISHMENT OF NATIONAL CONTROLING OFFICES JUXTAPOSED WITH PONTARLIER AND VALLORBE, SIGNED TO PARIS 12 SEPTEMBER 2002
SWITZERLAND AMBASSADE
FRANCE
Paris, 12 September 2002.
Ministère des Affaires étrangères, Direction des Français à l' étrangers et des Etrangers en France, Service des Accords de Réciprocity
The Embassy of Switzerland presents its compliments to the Ministry of Foreign Affairs and, with reference to Article 1, paragraph 4, of the Convention between Switzerland and France of 28 September 1960 relating to offices with national controls juxtaposed and on-road controls, has the honour to communicate to it the following:
The Swiss Federal Council took note of the Agreement concerning the establishment of a Juxtaposed National Control Office in Pontarlier Station in French territory.
This Agreement repeals and replaces the Agreement of 4 December 1969 and the amendments thereto entered into force on 17 October 1977 and 1 September 1989. It was signed on 5 June 2000 by the Director General of Swiss Customs and on 19 June 2000 by the Director General of French Customs and Indirect Rights and has the following content:
"In light of Article 1, paragraph 3, of the Convention between Switzerland and France of 28 September 1960 concerning offices with national controls and on-road controls, it agreed as follows:
Article 1
1. A Juxtaposed National Control Office is established in French territory at Pontarlier Station. The Swiss and French entry and exit controls concerning passenger traffic are carried out at this office.
2. In passenger trains, the check can also be carried out on the Pontarlier-Neuchâtel route and vice versa. If necessary, the control may extend to Frasne-Pontarlier and vice versa. It applies to persons and baggage and other goods they carry and, as a general rule, to checked baggage in trains designated under section 3, paragraph 5.
Article 2
1. With regard to the control carried out at the Pontarlier office, the area includes:
(a) The single track from the border to the junctions of the tracks A and B in Pontarlier train station;
(b) At Pontarlier Station, the space delimited north by Pier 2 and Track A (included) and south by Pier 3 and Route B (included);
(c) The parties mentioned in paragraph 2 below of the designated building "Visit of the customs-travellers" on the overall plan of the Pontarlier station updated on April 3, 1967.
2. The area is divided into two sectors:
(a) A sector used in common by agents of the two states including:
- The territory parts listed above in number 1, letters a, b, c;
― On the ground floor of the designated building "Visit of the customs-travellers", the travellers' visiting room and the premises for the storage of baggage under customs, and, during the parking of international passenger trains, the waiting room;
― In the said building, access to the offices of the Swiss Police Services (ground floor, staircase, first floor corridor);
(b) A sector reserved for Swiss agents including:
― In the building between the A and B tracks and designated "Visit of the customs-travellers" on the ground floor, east of the visiting room, two premises, one for the search of the passengers and, on the first floor, south side of the corridor, the last office, used by the Swiss Police.
Article 3
1. With regard to the on-going control, the area includes, for the agents of the neighbouring State, the trains designated according to paragraph 5 of this article, on the part of the Pontarlier-Neuchâtel and vice versa, located in the State of residence. If necessary, the control may extend to Frasne-Pontarlier and vice versa.
2. In the station of Neuchâtel, French officers have the right to bring the train and to retain in the station premises made available to persons who are not admitted or arrested and goods seized and the evidence. In the Pontarlier station, Swiss agents have the same rights. The train's parking dock, the path between the train and the local as well as the local itself are considered to be an area for and during the completion of these operations.
3. Persons not admitted or arrested and the goods or evidence seized are brought back to the neighbouring State by the next train on the Neuchâtel-Pontarlier route and vice versa.
4. The agents of each Contracting Party may drive to the border, in their own vehicle, by the authorized itinerary, persons not admitted or arrested, arriving with the last train from their country. The authorized vehicle and itinerary are considered to be an area.
5. The Swiss and French authorities responsible for the control shall, in agreement with the SBB and the SNCF, designate the trains in which the control is carried out on the road and define the modalities for the application of this control.
Article 4
1. In principle, the agents of the neighbouring State called to exercise their functions in the State of residence go there by train, respectively return to the neighbouring State by train.
2. To perform their duties in the State of residence and to return to the neighbouring State, the agents of the neighbouring State are allowed, if necessary, to use the following route with their banalized vehicles: Neuchâtel-Péseux-Corcelles-Rochefort-Travers-Couvet-Fleurier-Les Verrières-Les Verrières-de-Joux-Pontarlier and
3. The port of the national uniform or of an apparent distinguishing sign, as well as of the prescribed personal weapon, is authorized on the course mentioned in this article, as well as for the agents of the neighbouring State in the station of Neuchâtel to go from the dock to the premises made available or to the parking lot and vice versa.
Article 5
1. The Direction du IIIe arrondissement des Douanes in Geneva and the competent Swiss Police Authority, on the one hand, the Regional Directorate of French Customs in Besançon and the competent French Police Authority, on the other hand, resolve the issues of detail, in particular the course of traffic, in accordance with the other competent administrations, as well as with the SBB and the SNCF.
2. Responsible agents, in service, agree on the measures applicable on time or during a short period of time, in particular to address the difficulties that may arise during checks.
Article 6
The Direction du IIIe arrondissement des Douanes in Geneva and the Regional Directorate of French Customs in Besançon, in accordance with the competent Swiss and French Police Authorities, shall, together with the SBB and the SNCF, regulate the conditions under which the premises used by Swiss agents are made available to them; They also set out the distribution of heating, lighting and cleaning costs for the premises and facilities used by the agents of the two states.
Article 7
1. This Agreement repeals that of 4 December 1969 and the amendments thereto entered into force on 17 October 1977 and 1 September 1989.
2. It may be denounced by each of the two Governments with six-month notice. The denunciation will take effect on the first day of the month following the due date of the notice. »
The Embassy has the honour to inform the Ministry that the Swiss Federal Council has approved the provisions of this Agreement.
The Embassy therefore proposes that the present note and the one that the Ministry may wish to address in response constitute, in accordance with Article 1(4) of the Convention of 28 September 1960 referred to above, the agreement between the two Governments on the confirmation of the Agreement concerning the establishment in the Pontarlier Station, in French territory, of a Juxtaposed National Control Office. The Department will enter into force on the date the Department responds.
The Embassy of Switzerland takes this opportunity to renew to the Ministry of Foreign Affairs the assurances of its high consideration.
François Nordmann,
Ambassador of Switzerland
FRENCH REPUBLIC
MINISTRY
BUSINESS
Paris, 30 April 2003.
Embassy of Switzerland,
Paris
The Ministry of Foreign Affairs presents its compliments to the Embassy of Switzerland and, with reference to Article 1, paragraph 4, of the Convention between France and Switzerland of 28 September 1960 concerning offices with national controls and on-road controls, has the honour to communicate to it the following:
The French Government has taken note of the Agreement repealing and replacing the Agreement of 4 December 1969 concerning the establishment in the Pontarlier Station, in French territory, of a Juxtaposed National Control Office and the related amendments entered into force on 17 October 1977 and 1 September 1989.
The contents of this Agreement, signed on 5 June 2000 by the Director General of Swiss Customs and on 19 June 2000 by the Director General of French Customs and Indirect Rights, are as follows:
"In light of Article 1, paragraph 3, of the Convention between France and Switzerland of 28 September 1960 concerning offices with national controls and on-road controls, it agreed as follows:
Article 1
1. A Juxtaposed National Control Office is established in French territory at Pontarlier Station. The Swiss and French entry and exit controls concerning passenger traffic are carried out at this office.
2. In passenger trains, the check can also be carried out on the Pontarlier-Neuchâtel route and vice versa. If necessary, the control may extend to Frasne-Pontarlier and vice versa. It applies to persons and baggage and other goods they carry and, as a general rule, to checked baggage in trains designated under section 3, paragraph 5.
Article 2
1. With regard to the control carried out at the Pontarlier office, the area includes:
(a) The single track from the border to the junctions of the tracks A and B in Pontarlier train station;
(b) At Pontarlier Station, the space delimited north by Pier 2 and Track A (included) and south by Pier 3 and Route B (included);
(c) The parties mentioned in paragraph 2 below of the designated building "Visit of the customs-travellers" on the overall plan of the Pontarlier station updated on April 3, 1967.
2. The area is divided into two sectors:
(a) A sector used in common by agents of the two states including:
- The territory parts listed above in number 1, letters a, b, c;
― On the ground floor of the designated building "Visit of the customs-travellers", the travellers' visiting room and the premises for the storage of baggage under customs, and, during the parking of international passenger trains, the waiting room;
― In the said building, access to the offices of the Swiss Police Services (ground floor, staircase, first floor corridor);
(b) A sector reserved for Swiss agents including:
― In the building between the A and B tracks and designated "Visit of the customs travellers" on the ground floor, east of the visiting room, two premises, one for the search of the passengers and, on the first floor, south side of the corridor, the last office, used by the Swiss Police.
Article 3
1. With regard to the ongoing control, the area includes for the bordering state officials the trains designated according to paragraph 5 of this article, on the part of the Pontarlier-Neuchâtel route and vice versa, located in the State of residence. If necessary, the control may extend to Frasne-Pontarlier and vice versa.
2. In the station of Neuchâtel, French officers have the right to bring the train and to retain in the station premises made available to persons who are not admitted or arrested and goods seized and the evidence. In the Pontarlier station, Swiss agents have the same rights. The train's parking dock, the path between the train and the local as well as the local itself are considered to be an area for and during the completion of these operations.
3. Persons not admitted or arrested and the goods or evidence seized are brought back to the neighbouring State by the next train on the Neuchâtel-Pontarlier route and vice versa.
4. The agents of each Contracting Party may drive to the border, in their own vehicle, by the authorized itinerary, persons not admitted or arrested, arriving with the last train from their country. The authorized vehicle and itinerary are considered to be an area.
5. The Swiss and French authorities responsible for the control shall, in agreement with the SBB and the SNCF, designate the trains in which the control is carried out on the road and define the modalities for the application of this control.
Article 4
1. In principle, the agents of the neighbouring State called to exercise their functions in the State of residence go there by train, respectively return to the neighbouring State by train.
2. To perform their duties in the State of residence and to return to the neighbouring State, the agents of the neighbouring State are allowed, if necessary, to use the following route with their banalized vehicles: Neuchâtel-Péseux-Corcelles-Rochefort-Travers-Couvet-Fleurier-Les Verrières-Les Verrières-de-Joux-Pontarlier and
3. The port of the national uniform or of an apparent distinguishing sign, as well as of the prescribed personal weapon, is authorized on the course mentioned in this article, as well as for the agents of the neighbouring State in the station of Neuchâtel to go from the dock to the premises made available or to the parking lot and vice versa.
Article 5
1. The Direction du IIIe arrondissement des Douanes in Geneva and the competent Swiss Police Authority, on the one hand, the Regional Directorate of French Customs in Besançon and the competent French Police Authority, on the other hand, resolve the issues of detail, in particular the course of traffic, in accordance with the other competent administrations, as well as with the SBB and the SNCF.
2. Responsible agents, in service, agree on the measures applicable on time or during a short period of time, in particular to address the difficulties that may arise during checks.
Article 6
The Direction du IIIe arrondissement des Douanes in Geneva and the Regional Directorate of French Customs in Besançon, in accordance with the competent Swiss and French Police Authorities, shall, together with the SBB and the SNCF, regulate the conditions under which the premises used by Swiss agents are made available to them; They also set out the distribution of heating, lighting and cleaning costs for the premises and facilities used by the agents of the two states.
Article 7
1. This Agreement repeals that of 4 December 1969 and the amendments thereto entered into force on 17 October 1977 and 1 September 1989.
2. It may be denounced by each of the two Governments with six-month notice. The denunciation will take effect on the first day of the month following the due date of the notice. »
The Ministry of Foreign Affairs has the honour to inform the Swiss Embassy that the French Government approves the provisions of this Agreement.
The Ministry proposes that this note and that of the Embassy of Switzerland dated 12 September 2002 constitute, in accordance with Article 1(4) of the above-mentioned Convention, the Agreement between the two Governments on the Confirmation of this Agreement concerning the Establishment in the Station of Pontarlier, in French territory, of a Juxtaposed National Control Office.
The approval of this Agreement to be authorized by Parliament, the Ministry informs the Embassy that its entry into force will take place on the first day of the second month following the date of receipt by the Embassy of the final notification of the fulfilment of the required national procedures.
The Ministry of Foreign Affairs takes this opportunity to renew to the Swiss Embassy the assurance of its high consideration.
François Cousin,
Chief of Service
Reciprocal Agreements
SWITZERLAND AMBASSADE
FRANCE
Paris, 12 September 2002.
Ministère des Affaires étrangères, Direction des Français à l' étrangers et des Etrangers en France, Service des Accords de Réciprocity
The Embassy of Switzerland presents its compliments to the Ministry of Foreign Affairs and, with reference to Article 1, paragraph 4, of the Convention between Switzerland and France of 28 September 1960 relating to offices with national controls juxtaposed and on-road controls, has the honour to communicate to it the following:
The Swiss Federal Council took note of the agreement on the amendment of the 19 July 1967 Agreement concerning the establishment of a Juxtaposed National Control Office at Vallorbe Station and the on-going controls on the Frasne-Vallorbe-Lausanne route, signed respectively on 5 June 2000 by the Director General of Swiss Customs and on 19 June 2000 by the Director General of French Customs and Indirect Rights.
"In accordance with Article 1, paragraph 3, of the Convention between Switzerland and France of 28 September 1960 concerning offices with national controls and on-road controls:
The 19 July 1967 Agreement between Switzerland and France concerning the establishment of a nationally controlled office located at Vallorbe Station and the on-going controls on the Frasne-Vallorbe-Lausanne route is amended as follows:
Article 3, number 3:
"People who are not admitted or arrested and the goods or evidence seized are brought back to the neighbouring state by the next train on the Frasne-Vallorbe-Lausanne route and vice versa. ”
Article 3, number 4 (new):
"The agents of each Contracting Party may drive to the border, in their own vehicle, by the authorized itinerary, persons not admitted or arrested, arriving with the last train from their country. The authorized vehicle and itinerary are considered as an area.”
Article 3, number 5 (former number 4):
"Swiss and French authorities responsible for the control shall, in agreement with the SBB and SNCF, designate the trains in which the control is carried out on the road and define the modalities for the application of this control."
Article 3 bis deleted.
Article 4 (new):
"1. In principle, the agents of the neighbouring State called to exercise their functions in the State of residence go there by train, respectively return to the neighbouring State by train.
"2. To perform their duties in the State of residence and then return to the neighbouring State, the agents of the neighbouring State are allowed, if necessary, to use with their banalized vehicles the following route: Lausanne-Vallorbe by the highway and vice versa.
"3. The wearing of the national uniform or an apparent distinguishing sign, as well as the personal regulatory weapon, is allowed on the route mentioned in the previous number.”
Article 5 (former article 4):
"1. The Direction du IIIe arrondissement des Douanes in Geneva and the competent Swiss Police Authority, on the one hand, the Regional Directorate of French Customs in Besançon and the competent French Police Authority, on the other hand, resolve the issues of detail, in particular the course of traffic, in accordance with the other competent administrations, as well as with the SBB and the SNCF.
"2. Responsible agents, in service, agree on the measures applicable on time or during a short period of time, in particular to address the difficulties that may arise during checks.”
Article 6 (former article 5):
"The Direction du IIIe arrondissement des Douanes in Geneva and the Regional Directorate of French Customs in Besançon, in agreement with the competent Swiss and French police authorities, regulate, with the SBB and SNCF, the conditions under which the premises used by French agents are made available to them; they also set the distribution of heating, lighting and cleaning costs for the premises and facilities used by the agents of the two states.”
The Embassy has the honour to inform the Ministry that the Swiss Federal Council has approved the amendment.
The Embassy therefore proposes that the present note and the one that the Department may wish to address in response constitute, in accordance with Article 1(4) of the Convention of 28 September 1960 referred to above, the agreement between the two Governments on the proposed amendment. This will come into force on the date the Department responds.
The Embassy of Switzerland takes this opportunity to renew to the Ministry of Foreign Affairs the assurances of its high consideration.
François Nordmann,
Ambassador of Switzerland
FRENCH REPUBLIC
MINISTRY
BUSINESS
Paris, 30 April 2003.
Embassy of Switzerland,
Paris
The Ministry of Foreign Affairs presents its compliments to the Embassy of Switzerland and, with reference to Article 1, paragraph 4, of the Convention between France and Switzerland of 28 September 1960 concerning offices with national controls and on-road controls, has the honour to communicate to it the following:
The French Government took note of the Agreement Amending the 19 July 1967 Agreement concerning the establishment of a Juxtaposed National Control Office at Vallorbe Station and the ongoing controls on the Frasne-Vallorbe-Lausanne route.
The contents of this Agreement, signed on 5 June 2000 by the Director General of Swiss Customs and on 19 June 2000 by the Director General of French Customs and Indirect Rights, are as follows:
"In accordance with Article 1, paragraph 3, of the Convention between France and Switzerland of 28 September 1960 concerning offices with national controls and on-road controls:
The 19 July 1967 Agreement between France and Switzerland concerning the establishment of a nationally controlled office located at Vallorbe Station and the on-going controls on the Frasne-Vallorbe-Lausanne route is amended as follows:
Article 3, number 3:
"People who are not admitted or arrested and the goods or evidence seized are brought back to the neighbouring state by the next train on the Frasne-Vallorbe-Lausanne route and vice versa. ”
Article 3, number 4 (new):
"The agents of each Contracting Party may drive to the border, in their own vehicle, by the authorized itinerary, persons not admitted or arrested, arriving with the last train from their country. The authorized vehicle and itinerary are considered as an area.”
Article 3, number 5 (former number 4):
"The French and Swiss authorities responsible for the control shall, in accordance with the SNCF and the SFF, designate the trains in which the control is carried out on the road and define the modalities for the application of this control."
Article 3 bis deleted.
Article 4 (new):
"1. In principle, the agents of the neighbouring State called to exercise their functions in the State of residence go there by train, respectively return to the neighbouring State by train.
"2. To perform their duties in the State of residence and to return to the neighbouring State, the agents of the neighbouring State are allowed, if necessary, to use with their vehicles banalized the following road route: Lausanne-Vallorbe by the highway and vice versa.
"3. The wearing of the national uniform or an apparent distinguishing sign, as well as the personal regulatory weapon, is allowed on the route mentioned in the previous number.”
Article 5 (former article 4):
"1. The French Customs Regional Directorate in Besançon and the competent French Police Authority, on the one hand, the Direction du IIIe arrondissement des Douanes suisses in Geneva and the competent Swiss Police Authority, on the other hand, resolve the issues of detail, in particular the course of traffic, in accordance with the other competent administrations, as well as with the SNCF and the SFF.
"2. Responsible agents, in service, agree, to take the measures applicable on time or during a short period of time, in particular to address the difficulties that may arise during the control.”
Article 6 (former article 5):
"The Regional Directorate of French Customs in Besançon and the Directorate of the Third District of Swiss Customs in Geneva, in accordance with the competent French and Swiss Police Authorities, shall, together with the SNCF and the SFF, regulate the conditions under which the premises used by French agents are made available to them; they also set the distribution of heating, lighting and cleaning costs for the premises and facilities used by the agents of the two states.”
The Ministry of Foreign Affairs has the honour to inform the Swiss Embassy that the French Government approves the provisions of this Agreement.
The Ministry proposes that this note and that of the Swiss Embassy dated 12 September 2002 constitute, in accordance with Article 1(4) of the above-mentioned Convention, the Agreement between the two Governments on the amendment of the 19 July 1967 Agreement concerning the establishment of a nationally controlled office in Vallorbe Station.
The approval of this Agreement to be authorized by Parliament, the Ministry informs the Embassy that its entry into force will take place on the first day of the second month following the date of receipt by the Embassy of the final notification of the fulfilment of the required national procedures.
The Ministry of Foreign Affairs takes this opportunity to renew to the Swiss Embassy the assurance of its high consideration.
François Cousin,
Chief of Service
Reciprocal Agreements
Done in Paris, August 26, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
