Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The agreement on the exchange of information on the pandemic of influenza and health risks between the Government of the French Republic and the Swiss Federal Council, signed in Bern on 28 June 2010, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
ON THE EXCHANGE OF INFORMATION FOR GRIPPE AND SANITARIAN RISKS TO THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE SWITZERLAND COUNCIL
The Government of the French Republic, on the one hand, the Swiss Federal Council, on the other hand, below referred to as the Parties,
Desiring to respond to the risk of influenza pandemic as effectively as possible by ensuring cross-border cooperation based on a full exchange of information on mutual support capacities and on the various measures taken by Parties,
Desirous of ensuring convergence and, where possible, coordination of these measures,
Wishing to respect the principle of equal treatment in the care of sick people,
Desirous of establishing cooperation in accordance with the provisions of the International Sanitary Regulations (RSI 2005) and without prejudice to the applicable Community provisions in France,
Convince of the following:
Article 1
Subject
The purpose of this Agreement is to establish a mechanism for the exchange of information that addresses practical issues related to an influenza pandemic in the cross-border health cooperation between France and Switzerland and which are the responsibility of both national authorities, as well as the departmental or cantonal authorities of the two Parties.
Article 2
Exchange of information and coordination of measures
National plans to combat
The Working Group established by Article 7 (hereinafter referred to as the Working Group) shall establish a regular information exchange mechanism for the preparation of Parties to an influenza pandemic in the following areas:
national influenza preparedness policies
∙ the health facilities established by the various competent authorities
- communication strategies for health policies and devices.
- non-health measures resulting from either the influenza pandemic or the implementation of health measures.
The working group sets out the lists of decisions already taken at the national, departmental and cantonal levels in the preparation of the influenza pandemic.
Parties are kept informed, within the working group, of new decisions on all issues related to the influenza pandemic (communication, care, distribution of medicines, vaccination, wearing of the mask, schools and other measures) that they will take later and accordingly adapt these lists.
The working group provides a comparison of the measures taken by each Party in the preparation for the influenza pandemic and the appropriate recommendations to make the actions taken by one of the Parties as compatible with those of the other Party.
Article 3
Coordination of health policies at borders
In the event of an influenza pandemic, both Parties coordinate their health policy at the borders.
They ensure that these policies do not differ from those they follow in normal times, particularly with regard to the cross-border movement of health workers. Requisition measures for health personnel do not concern the activity of health personnel carried out in the territory of the other Party.
Parties consider that border closure is not an appropriate epidemiological measure.
Article 4
Input points
The Parties are mutually reinforcing the measures taken in the event of an influenza pandemic at border crossings, including at Basel-Mulhouse and Geneva airports. To the extent possible, Parties shall work closely with other relevant authorities in making decisions on these measures.
Article 5
Exchange of epidemiological data
Parties rely, in their bilateral relations, on the European epidemiological data exchange system and undertake to strengthen it, if necessary, in the event of an influenza pandemic.
Article 6
Border enforcement exercises
In agreement with the authorities concerned, departmental for the French and cantonal part for the Swiss party, the national authorities of the Parties agree to carry out the measures at the border according to a common timetable.
Article 7
Working Group "Influenza Pandemia"
A Franco-Swiss Influenza Task Force is established with a mandate to implement this Agreement.
The working group is composed of representatives of national, zonal, departmental and cantonal authorities. If necessary, the working group has the competence to form sub-working groups and may rely on any person, service or structure of relevant cross-border cooperation, depending on the subjects covered.
The working group meets at least once a quarter in the first phase of its activities, until the information exchange mechanism that is the subject of this Agreement is established. It then meets whenever it is necessary, at the appropriate level of representation, to the extent possible before any decision by either Party may have consequences on cross-border health cooperation.
It is alternately headed by a representative of each Party.
The working group shall meet alternately in the territory of either Party or as required by the Parties.
The annual planning of the work of the working group is established before the beginning of each year. An assessment and conclusions are also made on an annual basis. A report is drafted alternately by one of the Parties.
Article 8
Settlement of disputes
If a dispute arises between the Parties regarding the interpretation or application of this Agreement, it shall be resolved through consultation between the Parties.
Article 9
Entry into force, duration and denunciation
Each Party shall notify the other of the procedures required by its domestic legal order for the implementation of this Agreement. The notification will come into force on the date of receipt of the second notification.
This Agreement shall be concluded for an indefinite period. Each Party to this Agreement may denounce it by written notification to the other Party through diplomatic channels. This denunciation takes effect six months after such notification.
Done in Bern on 28 June 2010, in two copies.
Done on 25 November 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
For the Government
of the French Republic:
Alain Catta
Ambassador of France
Switzerland
For the Swiss Federal Council:
Pascal Strupler
Director of the Federal Office
Public Health
