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Decree No. 2012-990 Of 23 August 2012 On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The United Kingdom Of Great Britain And Northern Ireland For The Implementation Of The Cyclamen Device In The ...

Original Language Title: Décret n° 2012-990 du 23 août 2012 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement du Royaume-Uni de Grande-Bretagne et d'Irlande du Nord pour la mise en œuvre du dispositif Cyclamen dans le t...

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Summary

Implementation of articles 52 to 55 of the Constitution.

Keywords

OVERVIEW, INTERNATIONAL AGREEMENT , MULTILATERAL AGREEMENT , FRANCE , UNITED STATES OF AMERICA , UNITED NATIONS OF GREAT ,


JORF n°0197 of 25 August 2012 page 13805
text No. 2



Decree No. 2012-990 of 23 August 2012 publishing the agreement between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland for the implementation of the Cyclamen device in the French terminal of the Channel Tunnel in Coquelles, signed in London on 10 May 2012 (1)

NOR: MAEJ1231687D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/8/23/MAEJ1231687D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/8/23/2012-990/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign 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;
Vu le Decree No. 87-757 of 9 September 1987 publishing the treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaries of a fixed trans-manche connection;
Vu le Decree No. 93-1136 of 24 September 1993 issuing the protocol between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on border controls and the police, judicial cooperation in criminal matters, civil security and mutual assistance, concerning the fixed transmanche link, signed at Sangatte on 25 November 1991,
Decrete:

Article 1


The agreement between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland for the implementation of the Cyclamen device in the French terminal of the Tunnel under the Channel in Coquelles, signed in London on 10 May 2012, 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.



A C C O R D


BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND FOR THE IMPLEMENTATION OF CYCLAMEN DISPOSITIF IN THE FRENCH TERMINAL OF TUNNEL
The Government of the French Republic (hereinafter referred to as the "French part") and the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as the "British part");
Considering the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaries of a fixed trans-Manche bond, signed in Cantorbéry on 12 February 1986 (the "treaty"),
Considering the protocol between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on border controls and the police, judicial cooperation in criminal matters, civil security and mutual assistance, signed at Sangatte on 25 November 1991,
Considering the special agreement between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on security issues related to the trans-manche fixed link, signed in London on 15 December 1993,
Considering the joint statement of 2 November 2010 on defence and security cooperation, in which the President of the French Republic and the Prime Minister of the United Kingdom of Great Britain and Northern Ireland expressed in particular, in the context of the fight against terrorism, their common desire to prevent terrorist threats in the nuclear, radiological, biological, chemical and explosive fields, in particular with the Cyclamen programme for the control of traffic transiting by the Tun
Considering the desire of the Government of the United Kingdom of Great Britain and Northern Ireland to conduct the systematic detection of the movement of radioactive and fissile material to its territory, including from the Tunnel under the Channel,
The following provisions were agreed:


Article 1


Cyclamen is a device for passive detection of radioactive and fissile material by portico, the purpose of which is to ensure the protection of Tunnel under the Channel against the illicit introduction of these materials into the Tunnel to the territory of the United Kingdom.
This device consists of portable devices detecting the presence of radioactivity in vehicles. In addition, each portico is equipped with video surveillance cameras to accurately identify suspicious vehicles.
People driving controlled vehicles are informed of the existence of this video surveillance system.
All activities under this Agreement shall be carried out by each of the parties in strict compliance with applicable national legislation.
This Agreement does not govern the finding of offences by the competent authorities.


Article 2


The British side is authorized to install the device referred to in Article 1 on the route of passenger vehicles and coaches and buses, as well as on the route of heavy-duty vehicles; it has a specific parking area for suspicious vehicles on the sidelines of the vehicle path, as defined in the note-exchange plan.


Article 3


The British party undertakes, to the extent possible, to ensure that the implementation of the Cyclamen device does not disrupt the movement in the terminal, in accordance with Article 4, paragraph I, of the treaty.


Article 4


The British party is responsible for the full costs of acquiring, installing, operating, maintaining operational conditions and dismantling the equipment of the Cyclamen device and compensation for any damage or damage resulting from their installation, operation and dismantling. The British party is also responsible for the expertise required to identify the nature and level of risk or threat.


Article 5


If radioactive or fissile material is detected, British agents depart from the suspicious vehicle(s) and collect all necessary data to identify the nature and level of risk or threat.
The British party shall promptly inform the competent French authorities of any incident.
In the event of a proven danger, British agents immediately alert their French point of contact, and provide all data collected to identify the nature and level of risk or threat. French specialized relief, security and intervention services provide the management of the incident, in accordance with French legislation.
Radioactive and fissile materials are covered in accordance with the procedures applicable under the French nuclear safety regulations.
The French and British sides define the practical modalities for the implementation of this article in an exchange of notes verbales. Compliance with the practical modalities thus defined requires the implementation of this Agreement.


Article 6


The competent French and British authorities control the implementation of the system by conducting joint field verification visits.


Article 7


All disputes concerning the interpretation and application of this Agreement shall be settled by negotiation between the two governments, except disputes between the two States relating to compensation matters, which are settled in accordance with Articles 18 and 19 of the Treaty.


Article 8


Each Government shall notify the other of the completion of the required internal procedures, with respect to it, for the entry into force of this Agreement which takes effect on the day of receipt of the last notification.


Article 9


This Agreement, together with the practical modalities defined by the exchange of notes verbales, may be amended by written consent of both parties. The amended agreement shall enter into force in accordance with Article 8 of this Agreement.


Article 10


This Agreement may be denounced by either of the parties subject to a notice of six months being duly notified.
Done in London on 10 May 2012, in two copies, in English and French, both versions also being equally authentic.


Done on 23 August 2012.


François Hollande


By the President of the Republic:


The Prime Minister,

Jean-Marc Ayrault

Minister of Foreign Affairs,

Laurent Fabius


For the Government

of the French Republic:

Bernard Emié

Ambassador of France

United Kingdom

of Great Britain

and Northern Ireland

For the Government

of the United Kingdom

of Great Britain

and Northern Ireland:

Helen Gosh

Permanent Secretary

Home Office

(1) This Agreement entered into force on 5 July 2012.
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