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Decree No. 2003-43 9 January 2003 With Publication Of The Agreement In The Form Of Exchange Of Notes

Original Language Title: Décret n° 2003-43 du 9 janvier 2003 portant publication de l'accord sous forme d'échange de notes

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Summary


Application of Articles 52 to 55 of the Constitution.On 23 January 1996, France, Germany, Luxembourg and Switzerland concluded an agreement in Karlsruhe (Baden-Württemberg) on cross-border cooperation between the two countries. This agreement constitutes a geographical scope of application (the French side, the agreement is applicable in Alsace and Lorraine) and very large institutional, since the agreement does not apply to the Only all local authorities, but also local public bodies which may be involved in cross-border cooperation. For France, these are local public institutions (community centres for social action, colleges and schools, hospitals, tourist offices, etc.).As far as it is concerned, Germany had not included in the conclusion of the agreement two Bodies of German public law, the "regional groupings" for the Land of Baden-Württemberg and the "regional programming communities" for the Land of Rhineland-Palatinate, while such bodies wish to join organisations Cross-border cooperation in the framework of the provisions of the Karlsruhe.Consequently, on 16 November 2001, the Government of Germany took note verbale of the other Parties to the agreement in order to request an extension of the field Application of the Agreement concluded in Karlsruhe on 23 January 1996 to these two bodies of German public law. France, Luxembourg and Switzerland having notified their agreement to Germany, this extension, which is provided for in Article 2-4 of the Agreement Karlsruhe and therefore not subject to parliamentary approval, took effect on 24 May 2002.

Keywords

FOREIGN AFFAIRS , INTERNATIONAL AGREEMENT , MULTILATERAL AGREEMENT , COOPERATION AGREEMENT , FRANCE , GERMANY , LUXEMBOURG , SWISS , CROSS-BORDER COOPERATION , TERRITORIAL COMMUNITY , LOCAL PUBLIC BODY , REGIONAL GROUPING , LAND , BAD-WURTEMBERG , REGIONAL PROGRAMMING COMMUNITY , RHENANIE-PALATINATE , ECHANGE OF NOTES


JORF No. 13 of 16 January 2003 911 page
Text N ° 2


DECRET
No. 2003-43 of 9 January 2003 on the publication of the Agreement in the form of an exchange of notes between the Government of the French Republic and the Government of the Federal Republic of Germany, Government of the Grand Duchy of Luxembourg and the Swiss Federal Council on the extension of the scope of the agreement on cross-border cooperation between local authorities and local public bodies of 23 January 1996 to the Regional groupings of the Land of Baden-Württemberg and the regional programming communities of the Land of Rhineland-Palatinate, signed in Berlin on 16 November 2001, 7 December 2001, 23 May 2002, 24 June 2002 and in Luxembourg on 12 April 2002 (1)

NOR: MAEJ0230062D ELI: http://www.legifrance.gouv.fr/eli/decret/2003/1/9/MAEJ0230062D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2003/1/9/2003-43/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Decree No. 53-192 of 14 March 1953, as amended concerning the ratification and publication of international commitments entered into by France;
Having regard to Decree No. 97-798 of 22 August 1997 on the publication of the Agreement between the Government of the Republic of France The Government of the Federal Republic of Germany, the Government of the Grand Duchy of Luxembourg and the Swiss Federal Council, acting on behalf of the cantons of Solothurn, Basel-City, Basel-Country, Argovie and Jura, on cooperation Cross-border between local authorities and local public bodies (together a statement), made in Karlsruhe on 23 January 1996,
Describes:

Article 1


The Agreement in the form of an exchange of notes between the Government of the French Republic and the Government of the Federal Republic of Germany, the Government of the Grand Duchy of Luxembourg and the Swiss Federal Council on the extension of the scope of the agreement on cross-border cooperation between local and regional authorities Local authorities of 23 January 1996 to the regional groupings of the Land of Baden-Württemberg and to the regional programming communities of the Land of Rhineland-Palatinate, signed in Berlin on 16 November 2001, 7 December 2001, 23 May 2002, 24 June 2002 and Luxembourg on 12 April 2002, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs shall be responsible for the execution of this Decree, each of which shall be published in the Official Journal of the French Republic.

Item Appendix


A C C O R D


EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC, THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY, THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG AND THE SWISS FEDERAL COUNCIL ON THE EXTENSION OF THE SCOPE OF THE AGREEMENT ON CROSS-BORDER COOPERATION BETWEEN LOCAL AUTHORITIES AND LOCAL PUBLIC BODIES OF 23 JANUARY 1996 TO THE REGIONAL GROUPINGS OF THE LAND OF BADE-WURTEMBERG AND THE REGIONAL COMMUNITIES OF THE LAND-PALATINAT LAND PROGRAMMING


FEDERAL
OF FOREIGN AFFAIRS


Berlin, November 16 2001.


Embassy of France,
Berlin
Note verbale


The Federal Ministry of Foreign Affairs has the honour, on behalf of the Government of the Federal Republic of Germany, to propose to the Embassy of France the extension of the scope of the Agreement of 23 January 1996 between the Government of the Federal Republic of Germany, the Government of the French Republic, the Government of the Grand Duchy of Luxembourg and the Swiss Federal Council, Acting on behalf of the cantons of Solothurn, Basel-City, Basel-Country, Argovie and Jura, on cross-border cooperation between local authorities and local public bodies ("Karlsruhe Agreement"), regional groupings (Regionalverbände) of the Land of Baden-Württemberg and plan communities (Planungsgemeinschaften) of the Land of Rhineland-Palatinate in their capacity as groupings within the meaning of Article 2 (1) (1) (a) and (b
. Article 2 (4) is given.
The Federal Ministry of Foreign Affairs requests the Government of the French Republic to let it know its assent to the above proposal of the Government of the Republic of France Federal Republic of Germany. The extension of the scope will take effect on the date of receipt of the last notification of the agreement of the Contracting Parties.
The Federal Ministry of Foreign Affairs takes this opportunity to renew at the Embassy of France The insurance of its very high regard.


AMBASSADE DE FRANCE
EN GERMANY


Berlin, 7 December 2001.


Federal Ministry of Foreign Affairs,
Europa Abteilung, Referat E 04, Berlin
Note verbale


The Embassy of France presents its compliments to the Federal Ministry of Foreign Affairs and, Referring to his note verbale E 04-410.20/9, has the honour to inform him of the following:
" France agrees to the request to extend the scope of the Karlsruhe Agreement to the groupings in the Federal Republic of Germany Regional (Regionalverbände) of the Land of Baden-Württemberg (Article 2 [1] - l-A) and the regional programming communities (Regionale Planungsgemeinschaften) of the Land of Rhineland-Palatinate (Article 2 [1] -1-B).
This Embassy requests the Amt To send it the official texts governing the organisation and competence of these two bodies governed by public law. "
The Embassy of France takes this opportunity to renew to the Federal Ministry of Foreign Affairs the assurances of its high regard.


GRAND DUCHY OF LUXEMBOURG
DEPARTMENT OF
FOREIGN
THE DIRECTOR
OF INTERNATIONAL ECONOMIC RELATIONS



Luxembourg, April 12, 2002.
Embassy of the Federal Republic


of Germany, in Luxembourg


The Ministry of Foreign Affairs of the Grand Duchy of Luxembourg has the honour to acknowledge receipt of the note verbale dated 16 November 2001, addressed to it by the Auswärrods Amt of the Federal Republic of Germany concerning the extension of the area of application of the Karlsruhe Agreement of 23 January 1996 on cross-border cooperation between communities Territorial and local public bodies between the Grand Duchy of Luxembourg, the Federal Republic of Germany, the French Republic and the Swiss Federal Council acting on behalf of the cantons of Solothurn, Basel-Country, Argovie and Jura
On behalf of the Government of the Grand Duchy of Luxembourg, the Ministry of Foreign Affairs hereby agrees with the proposal of the Government of the Federal Republic of Germany to extend cross-border cooperation in the Framework of the said agreement " Regionalverbände " The Land of Baden-Württemberg and the " Regionale Planungsgemeinschaften " The Land of Rhineland-Palatinate, in accordance with the provisions laid down in Article 2 (4
. Foreign of the Grand Duchy of Luxembourg takes this opportunity to renew to the Embassy of the Federal Republic of Germany the assurances of its highest consideration.


SUISSE AMBASSADE


Berlin, 23 May 2002.


Federal Ministry of Foreign Affairs
of the Federal Republic of Germany, Berlin


The Embassy of Switzerland presents its compliments to the Federal Ministry for Foreign Affairs of the The Federal Republic of Germany and, referring to its Note E 04-410.20/9 of 16 November 2001 and the reply note of the Embassy of 14 December 2001, has the honour to bring to its knowledge that the Swiss Federal Council, after receiving the Consent of the cantons of Basel-City, Basel-Country, Argovie, Jura and Solothurn, Parties to the Agreement, considers that there is no objection to the extension of the scope of the Agreement of 23 January 1996 between the Swiss Federal Council acting on the Name of the cantons of Soleure, Basel-City, Basel-Country, Argovie and Jura, the Government of the Federal Republic of Germany, the Government of the French Republic and the Government of the Grand Duchy of Luxembourg on cooperation Cross-border agreements between local authorities and local public bodies (the Karlsruhe Agreement) to the Regionalverbände " The Land of Baden-Württemberg and the " Regionale Planungsgemeirschaften " The Land of Rhineland-Palatinate, as Groupings within the meaning of paragraph 1 (a) and (b) of Article 2.
Referring to an initiative of the Federal Ministry for Foreign Affairs presented in the framework of the cross-border industrial park project with the Jestetten (D) and From Neuhausen a.Rh. (CH), the Swiss Embassy takes this opportunity to propose to the Federal Ministry of the Federal Republic of Germany to extend the scope of the Karlsruhe Agreement, on the Swiss side, to the canton of Schaffhausen, in accordance with paragraph 4 of Article 2 of the said Agreement. Since the Swiss Federal Council has taken note of the consent of the cantons Parties to the Agreement for this extension, the Embassy of Switzerland requests the Government of the Federal Republic of Germany to let it know whether it accepts this Proposal. The extension of the scope will take effect on the date of receipt of the last communication expressing the consent of the Parties to the Karlsruhe Agreement.
The Embassy of Switzerland takes this opportunity to renew the Federal Ministry of Foreign affairs insurance of its high consideration.


FEDERAL
OF FOREIGN AFFAIRS


Berlin, June 24, 2002.


Embassy of France,
Berlin
Note verbale


The Federal Ministry of Foreign Affairs has the honour, on behalf of the Government of the Federal Republic of Germany, to inform the Embassy Of France, in reference to its note verbale No 2998 of 7 December 2001, that the Contracting Parties to the Agreement of 23 January 1996 between the Government of the Federal Republic of Germany, the Government of the French Republic, the Government of the Grand Duchy of Luxembourg and the Swiss Federal Council, acting on behalf of the cantons of Solothurn, Basel-City, Basel-Country, Argovie and Jura, on cross-border cooperation between local authorities and local public bodies ("Karlsruhe Agreement"), approved the extension of the scope of the Agreement, proposed by note verbale of the Federal Ministry for Foreign Affairs of 16 November 2001, to the regional groupings (Regionalverbände) of the Land of Baden-Württemberg and communities of plan (Planungsgemeinschaften) of the Land of Rhineland-Palatinate in their capacity as groupings within the meaning of Article 2 (1) (1) (a) and (b
. Receipt of the last notification of the agreement of the Contracting Parties on 24 May 2002.
The Federal Ministry of Foreign Affairs takes this opportunity to renew to the Embassy of France the assurances of its very high Consideration.


Done at Paris, January 9, 2003.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

Foreign Minister,

Dominique de Villepin


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