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Decree No. 2012-151 Of January 30, 2012 On The Publication Of The Agreement In The Form Of Exchange Of Letters Between The Government Of The French Republic And The Government Of The Italian Republic To Supplement The Agreement Relating To The Coo...

Original Language Title: Décret n° 2012-151 du 30 janvier 2012 portant publication de l'accord sous forme d'échange de lettres entre le Gouvernement de la République française et le Gouvernement de la République italienne visant à compléter l'accord relatif à la coo...

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Information on this text

Summary

Implementation of articles 52 to 55 of the Constitution.

Keywords

AFFAIRS AND EUROPEAN , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , ITALIA , TRANSFRONTAL COOPERATION , POLICE , DOUANE , LETTERS , COOPERATION AGREEMENT


JORF no.0027 of 1 February 2012 page 1864
text No. 1



Decree No. 2012-151 of 30 January 2012 on the publication of the agreement as an exchange of letters between the Government of the French Republic and the Government of the Italian Republic to complete the agreement on cross-border cooperation in police and customs matters signed in Chambéry on 3 October 1997, signed in Paris on 12 June 2006 and in Rome on 20 November 2006 (1)

NOR: MAEJ1201398D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/1/30/MAEJ1201398D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/1/30/2012-151/jo/texte


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 la Act No. 2009-1187 of 7 October 2009 authorizing the approval of the agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Italian Republic to complete the agreement on cross-border cooperation in police and customs matters;
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. 2000-923 of 18 September 2000 issuing the agreement between the Government of the French Republic and the Government of the Italian Republic on cross-border cooperation in police and customs matters, signed in Chambéry on 3 October 1997;
Vu le Decree No. 2007-1578 of 6 November 2007 issuing the agreement as an exchange of letters supplementing the agreement between the Government of the French Republic and the Government of the Italian Republic on cross-border cooperation in police and customs matters of 3 October 1997, signed in Paris and Imperia on 1 July 2002,
Decrete:

Article 1


The agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Italian Republic to complete the agreement on cross-border cooperation in police and customs matters, signed in Chambéry on 3 October 1997, signed in Paris on 12 June 2006 and in Rome on 20 November 2006, will be published in the Official Journal of the French Republic.

Article 2


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


EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE ITALIAN REPUBLIC TO SUPPLEMENT THE AGREEMENT RELATING TO TRANSBOUNDARY COOPERATION IN POLICY AND SIGNED TO CHAMBÉRY 1997


Done on 30 January 2012.


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


THE STATE MINISTER

INLAND MINISTER

AND AMERICA

OF THE TERRITORY


Paris, 12 June 2006.


Mr. Giuliano Amato, Minister of the Interior

of the Republic of Italy


Minister,

As a result of the discussions that took place between representatives of our two governments on the Franco-Italian police and customs cooperation, I have the honour, in order of my government, to propose to you that, on the basis of the agreement between the Government of the French Republic and the Government of the Italian Republic on the cross-border cooperation in police and customs signed in Chambéry on 3 October 1997, the agents of a

In addition, during serious accidents involving persons or property and requiring prompt intervention by the police forces, the intervention of the patrol closest to the site, regardless of its Party of origin, is permitted, in order to ensure first aid and to secure the site before the arrival of the territorially competent unit.

When they are in the territory of the State of the other Party, these agents do not exercise their police powers and comply with the rules relating to road traffic in force. They may wear their uniform and their regulatory service weapon only to ensure, where appropriate, their self-defence. The agents of each State shall be subject, in the territory of the other State, to the provisions of Article 9, paragraphs 4 and 5, of the aforementioned agreement.

Administrative arrangements by the various competent departments of the two Parties shall specify the channels of communication concerned by these provisions.

I should be grateful if you would let me know if the foregoing provisions were to gain the concurrence of your government.

In this case, this letter and your response will constitute an agreement between our two governments that will take effect on the first day of the month following the day on which each government has notified the other of the required internal procedures with respect to the entry into force of this Agreement.

Please accept, Minister, the expression of my high consideration.


Nicolas Sarkozy


THE INLAND MINISTER


Rome, 20 November 2006.


His Excellency Nicolas Sarkozy, Minister of State,

Minister of Interior and Land Planning


Dear Minister,

I refer to your letter dated 12 June 2006 concerning the transit of means and personnel in the border area, which reads as follows:

"As a result of the talks that took place between representatives of our two governments about the Franco-Italian police and customs cooperation, I have the honour, at the order of my government, to propose to you that, on the basis of the agreement between the Government of the French Republic and the Government of the Italian Republic concerning the cross-border cooperation in police and customs signed in Chambéry on 3 October 1997, the agents of

In addition, during serious accidents involving persons or property and requiring prompt intervention by the police forces, the intervention of the patrol closest to the site, regardless of its Party of origin, is permitted, in order to ensure first aid and to secure the site before the arrival of the territorially competent unit.

When they are in the territory of the State of the other Party, these agents do not exercise their police powers and comply with the rules relating to road traffic in force. They may wear their uniform and their regulatory service weapon only to ensure, where appropriate, their self-defence. The agents of each State shall be subject, in the territory of the other State, to the provisions of Article 9, paragraphs 4 and 5, of the aforementioned agreement.

Administrative arrangements by the various competent departments of the two Parties shall specify the channels of communication concerned by these provisions. »

I have the honour to inform you that the Government of Italy agrees with the terms of the above-mentioned letter.

Your letter, together with this response, will constitute an agreement between our two Governments that will take effect on the first day of the month following the day that each of our Governments has notified the other of the internal procedures required under their jurisdiction for the entry into force of this Agreement.

Please accept, Minister, the expression of my highest consideration.


Giuliano Amato

(1) This Agreement entered into force on 1 March 2010.
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