Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2015-824 of 7 July 2015 authorizing the approval of the agreement in the form of an exchange of notes verbales between the Government of the French Republic and the Government of the Principality of Andorra concerning the establishment of a nationally controlled office in Porta;
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. 2004-334 of 14 April 2004 publication of the agreement between the Government of the French Republic and the Government of the Principality of Andorra concerning the offices with national controls of juxtaposed, held in Andorra la Vella on 11 December 2001,
Decrete:
The agreement in the form of an exchange of notes verbales between the Government of the French Republic and the Government of the Principality of Andorra concerning the establishment of a nationally controlled office juxtaposed in Porta (a consolidated annex), signed in Paris on 13 January and 10 March 2011, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
AGREEMENT
EXCHANGE OF VERBAL NOTES TO THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE GOVERNMENT OF THE GOVERNMENT OF THE GOVERNMENT OF THE GOVERNMENT OF THE GOVERNMENT OF THE GOVERNMENT OF THE GLOBAL ANNEX TO THE ESTABLISHMENT
MINISTRY OF BUSINESS
AND EUROPEAN
Paris, 13 January 2011
The Ministry of Foreign and European Affairs presents its compliments to the Embassy of Andorra and, in reference to the negotiations that took place between the branches of the French and Andorran customs regarding the construction of a Juxtaposed National Control Office (BCNJ) in the municipality of Porta, has the honour of its Government to propose to the Embassy the provisions contained in the annex to the present note.
If these provisions obtain the accreditation of the Andorran authorities, the Department proposes that this note and its annex, as well as the Embassy's response, constitute the agreement between our two Governments on the establishment of a Juxtaposed National Control Office in Porta. This Agreement shall enter into force on the first day of the month following the date of receipt of the last notification of the performance by each Party of the required internal procedures, with respect to it, for the entry into force of this Agreement, in accordance with Article 9 of the above-mentioned provisions./.
The Ministry of Foreign and European Affairs takes this opportunity to renew to the Embassy of Andorra the assurances of its high consideration.
François Saint-Paul Director of French abroad and Consular Administration
AMBASSADE OF THE PRINCIPLE OF ANDORRE
Paris, 10 March 2011
The Embassy of the Principality of Andorra in France presents its compliments to the Ministry of Foreign and European Affairs - Direction des Français à l' étrangers et de l'administration consulaire - and refers to the note verbale of the Ministry of Foreign and European Affairs No. 783 of 13 January 2011 on the Agreement between the Government of the Principality of Andorra and the Government of the French Republic concerning the creation of a nationally controlled office jux
"The Ministry of Foreign and European Affairs presents its compliments to the embassy of Andorra and, in reference to the negotiations that took place between the branches of the French and Andorran customs regarding the construction of a Juxtaposed National Control Office (BCNJ) in the municipality of Porta, has the honour, in order of its Government, to propose to the Embassy the provisions contained in the annex to the note
If these provisions obtain the accreditation of the Andorran authorities, the Department proposes that this note and its annex, as well as the Embassy's response, constitute the agreement between our two Governments on the establishment of a Juxtaposed National Control Office in Porta. This Agreement shall enter into force on the first day of the month following the date of receipt of the last notification of the performance by each Party of the required internal procedures, with respect to it, for the entry into force of this Agreement, in accordance with Article 9 of the above-mentioned provisions./.
The Ministry of Foreign and European Affairs takes this opportunity to renew to the Embassy of Andorra the assurances of its high consideration. »
The Embassy of the Principality of Andorra in France communicates to the Ministry of Foreign and European Affairs - Directorate of the French abroad and of the consular administration - that the Government of the Principality of Andorra accepts the creation of an office with national controls juxtaposed in Porta and that, consequently, the note verbale of the Ministry of Foreign and European Affairs and its annex and this response are the agreement between the two national authorities in Porta
The Embassy of the Principality of Andorra in France takes this opportunity to renew to the Ministry of Foreign and European Affairs - Directorate of French abroad and Consular Administration - the assurance of its highest consideration.
Julià Vila Coma Ambassador of the Principality of Andorra in France
AGREEMENT BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE GOVERNMENT OF THE GOVERNMENT OF THE GOVERNMENT RELATING TO THE ESTABLISHMENT OF AN NATIONAL BUREAU
The Government of the French Republic
and
The Government of the Principality of Andorra,
The following is called "Parties",
Considering the Convention between the Government of the French Republic and the Government of the Principality of Andorra on Juxtaposed National Control Offices (BCNJ) of 11 December 2001, as follows "the Convention of 11 December 2001", and in particular its article 1, paragraph 3;
The following provisions were agreed:
Article 1
It is created in the commune of PORTA, department of the Pyrenees-Orientales, at the place known as "Bag d'en Moure", in French territory, 2.5 km from the Franco-andorrane geographical border, by the French national road 22, an office with national controls called "BCNJ de Porta".
The Andorran and French controls on the entry and exit of their respective national territories, concerning the traffic of passengers and goods, as well as customs clearance procedures and operations, may be carried out by this office.
Article 2
The zone provided for in Article 2, paragraph 4, of the Convention of 11 December 2001 shall be delimited in accordance with the plan annexed to this Agreement and shall be an integral part of it.
This area consists of three sectors:
(a) A sector (orange-coloured area) used in common by Andorran and French agents including the portion of the French national road 22 located upstream of the BCNJ and joining the Franco-andorrane geographical border of Pas de la Case. Under this Agreement, it is considered that this road area is comprised of rolling and parking areas for vehicles;
(b) An area reserved for Customs and Andorran Police officers (a green area on the plan), including office space and technical premises;
(c) A sector reserved for French Customs agents (a yellow colour area on the plan), including office premises and technical premises.
The limits of these areas are materialized by:
A ground marking and indicative signage (pannels);
Official registrations on the premises of each Party.
Article 3
For the purposes of Article 6 of the Convention of 11 December 2001, concerning the order of controls, these shall be carried out as follows:
Police control of the country of exit;
Customs control of the country of exit;
Police control of the country of entry;
Customs control of the country of entry.
In the event of a finding by the agents of the French State of an offence of a legal, regulatory or administrative limitation falling within their jurisdiction regarding the crossing of the border on a person, a commodity or a vehicle moving towards France and on the part of the national road 22 that separates the Franco-andorran border of the BCNJ, the latter present persons, vehicles and goods incriminated to the agents of the Principality of arrest
The officers of the two states shall mutually inform any operational intervention on the national road portion 22 included in the area upstream of the BCNJ.
Article 4
For the purposes of Article 4 of the Convention of 11 December 2001, the authorities of the French Republic and the Principality of Andorra are competent for each of the parties concerned.
Article 5
Persons working on the BCNJ platform, excluding French and Andorran state agents, must be in possession of an access authorization issued jointly by the police services of the two countries responsible for the control, after agreement of the customs services.
Access authorization may be withdrawn to persons who have committed offences against the legislative, regulatory and administrative requirements relating to the control of either State.
In accordance with the provisions of Article 24 of the Convention of 11 December 2001, the provisions of the preceding paragraph do not apply to customs declarants or their employees who travel to the area as a professional measure.
Article 6
The construction of buildings or other facilities and the exercise of a trade or other similar activity on the right-of-way of the BCNJ platform can only be authorized after the express agreement of the control administrations of the two states.
Article 7
The Director of Andorran Police and the Director of Andorran Customs, on the one hand, the Regional Director of Customs in Perpignan, on the other hand, agree on the details of the conduct of the control operations, within the limits of the provisions of Article 6 of the Convention of 11 December 2001.
Emergency measures for the resolution of the difficulties arising during the control are taken jointly by the highest rank of the French customs and/or the French police, on the one hand, and the Andorran customs and Andorran police in service at the BCNJ, on the other hand, if necessary, in connection with their hierarchy.
Article 8
Following the entry into force of this Agreement, the administrations of the two States shall, at the appropriate time, agree to the application of the provisions provided for in Article 17 of the Convention of 11 December 2001.
Article 9
Each Party shall notify the other of the completion of the required internal procedures for the entry into force of the Agreement. The Agreement comes into force on the first day of the month following the date of receipt of the last notification.
The Agreement may be amended after consultation and advice by the Joint Commission provided for in Article 26 of the Convention of 11 December 2001.
The Agreement may be denounced by each of the two Parties. The denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of notification of denunciation presented at the Joint Commission meeting.
Article 10
Disputes relating to the interpretation or application of this Agreement shall be settled by Parties through direct negotiations or through diplomatic channels.
You can view the image in the facsimile of the
JOno 0226 of 30/09/2015, text No. 6
Done on September 25, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
