Rs 0.192.122.426 Exchange Of Letters Of 1 Er / November 23, 2004, Between The Switzerland And The European Organisation For Nuclear Research On The Opening Of A Door Of Access To The Domain Of The Organization From French Territory (With A

Original Language Title: RS 0.192.122.426 Echange de lettres des 1er/23 novembre 2004 entre la Suisse et l’Organisation européenne pour la Recherche nucléaire relatif à l’ouverture d’une porte d’accès au domaine de l’Organisation à partir du territoire français (avec a

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0.192.122.426 exchange of letters of 1/23 November 2004 between the Switzerland and the European Organization for nuclear research on the opening of a door of access to the domain of the organization from french territory which entered into force on 23 November 2004 (status October 11, 2006) text original Robert Aymar director general Geneva, November 23, 2004 CERN Geneva Madame Micheline Calmy-Rey Advisor in the Federal Department of Foreign Affairs Bern Federal Councillor I have the honour to acknowledge receipt of your letter, dated November 1, 2004, relating to the opening of a new door to the field of access to CERN by the french territory, with content is as follows: "as a result of the request, on 1 August 2002 by the European Organization for nuclear research (hereinafter the Organization) to the authorities of its two host States to allow the opening of a new door of access to the domain of the organization by the french territory itself following the request June 27, 2002, the Swiss organization by the Franco-Genevan regional Committee, the federal Council and the Government of the French Republic took the necessary arrangements for the opening of a new door in the roundabout of Saint-Genis-Pouilly (France) allowing access to the officials of the Organization for their journey and return to and from their place of work.
In the same way as single-pass created in 1973, this door is the entry referred to in art. VI of September 13, 1965 agreement between the Swiss federal Council and the Government of the French Republic relating to the extension into french territory in the field of the European Organization for nuclear research. The derogations provided for in art. VI shall apply to the use of this gate which is open only to allow the entry and exit to the / domain of the organization by the french territory for the officials of the organization. This door, situated in french territory to the point indicated on the attached map to establish a direct communication between the Swiss and french territories, apart from the usual border crossings.
This situation is the subject of the exchange of letters of 26 October / November 1, 2004, between the Switzerland and France completing the exchange of letters of 18 June / July 5, 1973, for the purpose of implementation of the Convention of September 13, 1965, between the same Parties. In this exchange of letters, which are particular defined terms of use and control of this door, it is mentioned that Swiss and French authorities may control the use of it. Also, the exchange of letters provides that the Switzerland and the Organization agree to the terms of use of this door.
As a result, I have the honour to inform you that the Swiss federal Council, in accordance with the agreement between the French and Swiss authorities, and taking into account the agreement of June 11, 1955 between the Swiss federal Council and the Organization European for nuclear research to determine the legal status of the Organization in Switzerland, proposes that the movement of people and goods by door in french territory as well as checking this movement by the Swiss authorities, are governed by the following conditions: 1. movements of goods movement of property by the door is strictly prohibited. Any movement of goods between the Organization and the french territory must take place in accordance with the French or the Swiss customs, customs formalities for goods of the organization.
2. movements of people) the use of the door is reserved for officials in service with the Organization for their return journey to and from their place of work. In addition, under the same conditions that officials of the Organisation and limited in time, or until the completion of the repair work at the international airport of Geneva and construction of a tram line between Geneva and Meyrin, scientific personnel and technical organization, as well as staff companies involved in the field of the organization may also borrow the door. In order to relieve traffic on the route de Meyrin, near the customs post, the door is open during weekdays, Monday to Friday, of 7 h 30 to 9 h 30 and 16 h. h 30 to 18. 30. These hours can be arranged after agreement of the local authorities. Outside of these periods, the door remains closed in such a way to prevent any passage of persons or vehicles. People above have, to make use of this door, be equipped with a card CERN, proving their quality of administrative officer of the Organization, Member of the scientific and technical staff of the Organization and the staff speaking on the field of the Organization, entitled to use, respectively the door, and the identity documents required for crossing the border that they carry with them no subject object or goods subject to a customs declaration.
(b) the official guests of the Organization are not entitled to borrow the door, except at the request of the Director-general of the Organization, after prior notification of the authorities locales.c) the admission of a person through the door on the Swiss part of the Organization's domain does not automatically give the right to enter Swiss territory located outside the walls of the organization or to stay there. Anyone from the french territory and on Swiss territory located outside the walls of the Organization must be in possession of the transboundary movement and residence, documents provided by Swiss law. The Swiss authorities reserve the right to monitor the observation of this rule by periodic inspections at the entrances to the CERN on Swiss territory.

3. traffic through the door a). the Organization will continuously, by its own agents and under its responsibility, control of the use of the gate during its opening hours. The officials of the organization responsible for this control will be specially authorized for that purpose, and their name will be forwarded to the Swiss authorities which may, where appropriate, consult the books of movement required by these agents on the personnes.b movement) the principles defining the movement by the door and the movement of people and goods, as they are specified in this letter (, will be the subject of internal organization, with regulations, in accordance with rules and regulations of CERN Personnel, disciplinary action against persons in the service of the Organization convinced of infraction.c) in light of the commitments made by the Organization over the control of the circulation by the door, the Swiss authorities shall refrain from standing this traffic control, but reserves the right to carry out sporadic checks. To this end, the Organization will put at the disposal of the Swiss authorities a checkpoint close to the door. Swiss agents empowered to exercise this control, dressed in uniform and with their usual equipment, will be able to get to this post directly through the domain of the organization.

I obliged if you kindly let me know if the above meets your approval. If so, this letter and your reply shall constitute an agreement by way of exchange of letters. Shall enter into force on the date of your reply. Each party may, at any time, withdraw its acceptance, in writing, with a twelve month notice.»
I have the honour to publicize these proposals, for which I ask you to accept my thanks, to meet the full approval of the organization.
Please believe, Madam Federal Councillor, the assurance of my highest consideration.

Robert Aymar RO 2006 1849 RS 0.192.122.423 map of the CERN site is not published to the RO. It can be obtained in the Directorate of public international law (DPIL), Section of international treaties, 3003 Berne.
RS 0.192.122.423.1 RS 0.192.122.42 new content according to the exchange of letters of 2/11 oct. 2006 (2007 3735 RO).

Status as of October 11, 2006

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