Decree No. 2004-115 Of February 2, 2004 With Publication Of The Agreement Between The Government Of The R

Original Language Title: Décret n° 2004-115 du 2 février 2004 portant publication de l'accord entre le Gouvernement de la R

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Summary

Application of Art. 52 to 55 of the Constitution.

Keywords

FOREIGN AFFAIRS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , SWISS , ARMEE , FRENCH ARMEE , SWISS ARMEE , COMMON ACTIVITY , STATEMENT , TRAINING , ARMEE FORCES , MILITARY EXERCISE , MILITARY COOPERATION


JORF No. 32 of 7 February 2004 Page 2620
Text #11


DECRET
Decree n ° 2004-115 of 2 February 2004 on the publication of the agreement between the Government of the French Republic and the Swiss Federal Council on joint training and training activities French armies and the Swiss army, signed in Bern on 27 October 2003 (1)

NOR: MAEJ0430002D ELI: http://www.legifrance.gouv.fr/eli/decret/2004/2/2/MAEJ0430002D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2004/2/2/2004-115/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. 89-207 of 7 April 1989 on the publication of the agreement between the Government of the Republic French and the Swiss Federal Council on mutual assistance in the event of a disaster or serious accident, done in Bern on 14 January 1987,
Décrète:

Article 1


Agreement between the Government of the French Republic and the Swiss Federal Council on Activities Communes d' instruction et d' instruction des armies françaises et de l' armée suisse, signed in Berne on October 27, 2003, will be published in the Official Journal of the French Republic.

Article 2


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

Item Appendix


A C C O R D


BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE FEDERAL COUNCIL SWITZERLAND ON THE JOINT TRAINING AND TRAINING ACTIVITIES OF THE FRENCH ARMY AND THE SUISSE ARMY
The Government of the French Republic and the Swiss Federal Council, hereinafter referred to as the " Parties ",
Considering:
-the Convention of 19 June 1995 between the States Parties to the North Atlantic Treaty and the other participating States to the Partnership for Peace on the Status of their Forces (PfP SOFA) enabling the implementation of the Convention Of 19 June 1951 between the States Parties to the North Atlantic Treaty on the status of their forces (SOFA of NATO) and the Additional Protocol of 19 June 1995 to the Convention between the States Parties to the North Atlantic Treaty and the others Participants in the Partnership for Peace on the status of their forces;
-the Convention on the Protection/Conservation of National Defence Secrecy/Military National Defence between the French Republic and the Swiss Confederation, Signed on 22 and 23 March 1972;
-the agreement between the Government of the French Republic and the Swiss Federal Council on mutual assistance in the event of a natural disaster or serious accident, signed on 14 January 1987;
-the agreement between The Government of the French Republic and the Swiss Federal Council on bilateral training and exchange activities between the air force and the Swiss air forces, signed on 14 May 1997, applicable
their last
-to increase their bilateral relations in the field of military training and training,
have agreed as follows:


Article 1


1.1. This Agreement defines the framework within which the Parties may organise the joint training and training activities of the French armies and the Swiss army in the territory of each of the two States, as well as the status of the members of the Forces and civilian elements.
1.2. The purpose of these activities is to:
(a) strengthen their friendship relationships by sharing their defence experience and knowledge;
(b) best use training resources;
(c) To achieve an aptitude for cooperation, in particular in the fields of peace support operations and mutual assistance in the event of a disaster or serious accident;
(d) to encourage mutual information between the armed forces, in particular by Visits and exchanges;
e) to facilitate procedures for the preparation and execution of military training and training.


Article 2


In this Agreement, the The following definitions apply:
2.1. Part of residence: means the Contracting Party in whose territory military training and training takes place.
2.2. Party of origin: means the Contracting Party which sends its personnel to participate in military training and training on the territory of the Party of residence.


Article 3


3.1. In the aims set out in Article 1, the Ministry of Defence of the Government of the French Republic and the Federal Department of Defence, Population and Sports Protection of the Swiss Confederation agree to organise Common activities, which will be subject to technical arrangements.
3.2. For each activity it is specified in particular:
a) the frame;
b) themes and goals pursued;
c) mission of participants;
d) period and location of activity;
e) number and quality of participants ;
f) the equipment and equipment used;
g) the authorities responsible for their organization and management;
h) if necessary, the details of the joint activities, including their administrative, financial and logistical aspects, Specific techniques and security.


Article 4


4.1. The Parties shall take the necessary measures to facilitate the crossing of the border by members of forces and civilian elements, vehicles, aircraft, boats, equipment, goods, armaments and ammunition Necessary to prepare the activity and its execution.
4.2. Each Party shall be responsible for requests for overflight and landing authorization. Requests for overflight and landing of military aircraft, subject to authorisations issued in accordance with the rules in force in the territory of the Party of residence, shall be addressed to the competent authority by the Defence Attaché The Embassy of the Party of origin.


Article 5


The personnel of the Party of origin may under no circumstances be involved in the preparation or execution of war operations or in the conduct of Maintaining or restoring order, public safety or national sovereignty, or intervening in such operations, whatever form.


Article 6


In compliance with National legislation of the Party of residence, travel in military vehicles shall be permitted throughout the stay.


Article 7


7.1. The authorities of both Parties shall cooperate to ensure security within the facilities made available to the armed forces of the Party of
. The authorities of the Party of origin, in agreement with the authorities of the Party of residence, may take the necessary measures to ensure the safety of the installations made available to them, as well as their equipment, goods and documents In accordance with the legislation of the Party of residence.
7.3. The authorities of the Party of residence shall remain responsible for security outside the facilities made available to the armed forces of the Party of origin, which does not have the right to carry out armed guards and does not have the power of Police for third parties.


Article 8


8.1. Members of the forces of the Party of origin shall be permitted to carry and use their weapons and ammunition in the territory of the Party of residence only for the purposes of the activity, in accordance with the legislation of the Party of
. The parties shall comply with the safety and environmental protection regulations in force on the territory of the Party of residence.


Article 9


The Party of residence shall accept as valid, without Require no examination or tax, military or civilian driver's licence issued by the Party of origin to members of the forces or civilian elements.


Article 10


10.1. The allocation of expenditures is by agreement between the Parties on the basis of reciprocity, with a view to the overall financial
. Before, during and after the activity, each Party shall assume in principle its own expenses, including accommodation and catering costs for members of forces and civilian
. Expenditure related to official visits and ceremonies shall be borne by the Party of residence.


Article 11


The military authorities of the Party of origin shall be responsible for Discipline matters. In the case of conduct liable to sanctions, they shall inform the authorities of the Party of residence of the nature of the sanctions, if any, before they are carried out. The authorities of the Party of origin shall report to the competent military authority of the Party of residence any serious breach of the discipline of a member of their staff; the authorities of the Party of residence may request that the latter be returned In his country for the execution of the sanctions decided.


Article 12


In the event of an air accident or serious occurrence in the airspace of a State in which an aircraft of another State is involved, the Military experts from that state are allowed to sit on the board of inquiry of the state where the accident or event occurred.


Article 13


13.1. The members of the forces and civilian elements of the Party of origin shall have access to the necessary medical care, from the military or civilian health services of the Party of residence, under the same conditions as the members of the forces and the elements The civilians of the living part.
13.2. Medical benefits under Article 13.1 shall be borne by the host Party until the patient is able to be repatriated; any additional care shall be borne by the Party of origin.
13.3. In cases where the principle of reciprocity cannot be guaranteed, the Parties agree on an amicable
. In addition, the protection of medical confidentiality shall be provided for the services provided to staff in accordance with the regulations of the Party of residence.


Article 14


Any dispute arising from The application or interpretation of this Agreement shall be settled exclusively by negotiation between the Parties.


Article 15


15.1. In the event of a conflict between the provisions of this Agreement and those of a technical agreement or arrangement previously concluded between the Parties, the provisions of this Agreement shall
. However, the provisions of the agreement between the Government of the French Republic and the Swiss Federal Council on mutual assistance in the event of natural disasters or serious accidents of 14 January 1987 apply.


Article 16


16.1. This Agreement is concluded for an indefinite period. It comes into effect on the date of the last signature.
16.2. This Agreement may be amended at any time, in writing, by mutual agreement between the Parties
It may be denounced jointly by either Party or by one of the Parties with six months' written notice. However, the provisions of this Agreement shall remain in force until the procedures arising from its application are settled.
Done at Berne on October 27, 2003, in duplicate, in the French language, both texts being authentic.


For the
Government of the French Republic:
The Ambassador of France
in Switzerland,
Jacques Rummelhardt
For the Swiss Federal Council:
The head of the Federal Department of Defense,

protection of the people and sports
of the Swiss Confederation,
Samuel Schmid


Done at Paris, February 2, 2004.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

Foreign Minister,

Dominique de Villepin


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