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RS 0.740.72 Agreement of 21 June 1999 between the Swiss Confederation and the European Community on the carriage of goods and passengers by rail and by road (with annexes and final act)

Original Language Title: RS 0.740.72 Accord du 21 juin 1999 entre la Confédération suisse et la Communauté européenne sur le transport de marchandises et de voyageurs par rail et par route (avec annexes et acte final)

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0.740.72

Original text

Agreement between the Swiss Confederation and the European Community 1 On the carriage of goods and passengers by rail and road

Concluded June 21, 1999
Approved by the Federal Assembly on October 8, 1999 2
Swiss instrument of ratification deposited on 16 October 2000
Entered into force on 1 Er June 2002

(State 1 Er January 2016)

The Swiss Confederation,

Hereinafter referred to as "Switzerland",

The European Community,

Hereinafter referred to as 'the Community',

Hereinafter referred to as "the Contracting Parties",

Conscious of the mutual interest of the Contracting Parties in promoting cooperation and trade, in particular by granting each other access to their transport market, as provided for in Art. 13 of the Agreement of 2 May 1992 between the European Economic Community and the Swiss Confederation on the carriage of goods by road and rail 3 Hereinafter referred to as the 1992 Agreement,

Wishing to develop a coordinated transport policy to encourage the use of more environmentally-friendly means of transport of goods and passengers in order to combine environmental protection with The efficiency of transport systems, particularly in the Alpine region,

Wishing to ensure healthy competition between modes of transport by considering that the different modes of transport must cover the costs involved,

Conscious of the need to ensure consistency between the Swiss transport policy and the general principles of Community transport policy, in particular in the context of the implementation of a legislative and regulatory framework Coordinated,

Agreed to the following:

Title I General provisions

Art. 1 General principles and objectives

1. This Agreement between the Community and Switzerland aims, on the one hand, to liberalise the access of Contracting Parties to their market in the road and rail transport of goods and passengers in order to ensure a more efficient flow Traffic on the route technically, geographically and economically the most suitable for all modes of transport covered by the agreement and, on the other hand, to determine the details of a coordinated transport policy.

2. The provisions of the Agreement and their application shall be based on the principles of reciprocity and the free choice of mode of transport.

(3) The Contracting Parties undertake not to take discriminatory measures in the context of the application of this Agreement.

Art. 2 Scope of application

(1) This Agreement shall apply to the bilateral road transport of passengers and goods between the Contracting Parties, to transit through the territory of the Contracting Parties without prejudice to the 1992 Agreement and subject to Art. 7, para. 3, and to the operations of road transport of goods and passengers with triangular character and to the large cabotage for Switzerland.

2. This Agreement shall apply to the international rail transport of passengers and goods, as well as to international combined transport. It does not apply to railway undertakings whose activity is limited to the operation of urban, suburban or regional transport only.

(3) This Agreement shall apply to transport by road transport undertakings or by railway undertakings established in one of the Contracting Parties.

Art. 3 Definitions

1. Road transport

For the purposes of this Agreement:

-
Carrier occupation of goods by road: The activity of any undertaking engaged in, by means of either a motor vehicle or a set of vehicles, the carriage of goods on behalf of others;
-
Occupation of road passenger conveyor: The activity of any undertaking which carries out, on behalf of others, international passenger transport by coach and bus;
-
Company: Any natural person, any legal person with or without profit, any association or group of persons without a legal personality and with or without profit, and any body under the authority of the public authority, whether it be Has its own legal personality or is dependent on an authority with that personality;
-
Vehicle: Motor vehicle registered in a Contracting Party or a combination of vehicles of which at least the motor vehicle is registered in a Contracting Party, intended exclusively for the carriage of goods, or any motor vehicle which Its type of construction and its equipment is capable of carrying more than 9 persons, including the driver, for that purpose;
-
International transportation: Movement of a vehicle from which the point of departure is in the territory of a Contracting Party whose destination is situated in the territory of the other Contracting Party or in a third country and vice versa, and the displacement to Where the point of departure or destination of the journey is located in a third country, the transport must be carried out by a vehicle registered in the Contracting Party where the point of departure or destination The displacement is located;
-
Transit: The carriage of goods or passengers (carried out without loading or unloading), as well as the empty movement through the territory of a Contracting Party;
-
Major cabotage for Switzerland: Any carriage of goods on account of others made at the departure of a Member State of the Community to another Member State, by a vehicle registered in Switzerland, that the vehicle, during the same journey and in accordance with the normal route, transits or Not by Switzerland;
-
Triangular transport operations with third countries: Any movement of goods or passengers from a Contracting Party to a third country, and vice versa, by a vehicle registered in the other Contracting Party, whether or not the vehicle transits, during the same journey, and The normal itinerary, by the country in which it is registered;
-
Authorization: Authorization, license or concession payable under the law of the Contracting Party.

2. Rail transport

For the purposes of this Agreement:

-
Railway undertaking: Any undertaking with a private or public status whose main activity is the provision of services for the carriage of goods and/or passengers by rail, the traction required to be provided by that undertaking; traction May be carried out with equipment which is not the property of the railway undertaking concerned and by means of personnel who are not the own staff of the railway undertaking concerned;
-
International grouping: Any association of at least two railway undertakings established in different Member States of the Community or, for one of them, in Switzerland with a view to providing international transport services between the Community and Switzerland;
-
Infrastructure manager: Any public entity or undertaking responsible, in particular, for the establishment and maintenance of railway infrastructure, as well as the management of regulatory and security systems;
-
License: An authorisation granted by the competent authority of a Contracting Party to a company to which the quality of the railway undertaking is recognised. This quality may be limited to the operation of certain types of transport services;
-
Licensing authority: The bodies responsible for issuing the licences by each Contracting Party;
-
Furrow: The infrastructure capacity required to operate a given train from one point to another at any given time;
-
Distribution: The allocation of rail infrastructure capacity by a distribution organization;
-
Distribution organization: The authority and/or manager of the infrastructure entrusted by one of the Contracting Parties to allocate infrastructure capacity;
-
Urban and suburban services: Transport services that meet the needs of an urban or urban centre, as well as the transport needs between this centre or the city and its suburbs;
-
Regional services: Transportation services designed to meet the transportation needs of a region;
-
Combined transport: The carriage of goods by road vehicles or loading units which are transported by rail for part of the journey and by road for the initial and/or terminal routes;
-
Competitive railway prices: Railway prices shall be considered competitive when the average rail prices in Switzerland are not higher than the costs of the road, as defined in Annex 9, for a similar journey.
Art. 4 Reservation of the 1992 Agreement

Subject to the derogations introduced by this Agreement, the rights and obligations of the Contracting Parties resulting from the 1992 Agreement shall not be affected by the provisions of this Agreement.

Title II International Road Transport

A. Common provisions

Art. 5 Access to the profession

1. Companies wishing to pursue the occupation of road haulier must meet the following three conditions:

A.
Good repute,
B.
Appropriate financial capacity,
C.
Professional capacity.

2. The relevant provisions are set out in section 1 of Annex 1.

Art. 6 Social standards

The provisions applicable to social matters are set out in section 2 of Annex 1.

Art. 7 Technical Standards

1. Subject to subs. 2 and 3 below, Switzerland shall adopt, no later than 6 months after the signature of this Agreement, schemes equivalent to Community legislation relating to the technical conditions governing the road transport referred to in Section 3 of Schedule 1.

2. Switzerland shall have a transitional period of 2 years from the date of entry into force of this Agreement in order to make its legislation on the technical control of vehicles equivalent to Community law.

3. From 1 Er January 2001, the total effective weight limit for articulated vehicles and road trains applied by Switzerland is 34 tonnes for all types of traffic.

From 1 Er January 2005, Switzerland shall make its legislation on maximum authorised weight in international traffic for such vehicles equivalent to that in force in the Community at the time of signature of the Agreement.

4. The implementation of the road charges laid down in Art. 40 is carried out in parallel with the progressive increase of the weight limit provided for in par. 3.

5. Each Contracting Party undertakes not to subject vehicles registered in the other Contracting Party to conditions more restrictive than those in force in its own territory.

Art. 8 Transitional regime for the weight of vehicles

1. With a view to the gradual introduction of the definitive system defined in Art. 7 (3), second subparagraph, carriage of goods carried out by means of a vehicle whose total effective weight in charge exceeds 28 t (before 31 December 2000) or 34 t (between 1 Er January 2001 and 31 December 2004) but not more than 40 t, and made from the Community to a place beyond the Swiss zone near the border, as defined in Annex 6 (and vice versa), or carried out in Transit through Switzerland shall be subject to quota by payment of a fee for the use of the infrastructure, in accordance with the arrangements laid down in subs. 2, 3 and 4 below. For vehicles registered in Switzerland, this quota may also be used for transport operations within the Swiss territory.

2. The Community receives a quota of 250 000 authorisations for the year 2000. Switzerland receives a quota of 250 000 authorisations for the year 2000. In the event that the entry into force of the Agreement does not take place 1 Er In January 2000, the number of authorisations for the year 2000 will be reduced to the pro rata.

The Community receives a quota of 300 000 authorisations for both the year 2001 and the year 2002. Switzerland receives a quota of 300 000 authorisations for both the year 2001 and 2002.

The Community receives a quota of 400 000 authorisations for both the year 2003 and the year 2004. Switzerland receives a quota of 400 000 authorisations for both 2003 and 2004.

5. The use of the authorizations provided in s. 2, 3 and 4 shall be submitted, for each operator, Swiss or Community, to the payment of a fee for the use of the Swiss infrastructure calculated and collected in accordance with the arrangements set out in Annex 2.

6. From 1 Er January 2005, vehicles meeting the technical standards set out in s. 7 (3), second paragraph, are exempt, in accordance with s. 32, any quota or authorization regime.

B. International Road Transport of Goods

Art. Transport of goods between the territories of the Contracting Parties

1. The international carriage of goods by road on behalf of others and the unladen journeys made between the territories of the Contracting Parties shall be carried out under the cover of the Community licence for carriers Established in the Regulation (EEC) n O 881/92 1 , the model of which appears in Annex 3, and under the cover of a similar Swiss authorization for Swiss carriers.

2. The licences thus issued shall replace, for transport falling within the scope of this Agreement, the bilateral authorisations exchanged between the Member States of the Community and Switzerland and which were necessary up to The entry into force of this Agreement.

3. The transport referred to in Annex 4 shall be set free from any licensing scheme and from any transport authorisation.

4. The procedures governing the grant, use, renewal and withdrawal of licences and the procedures relating to mutual assistance are covered by the provisions of the Regulation (EEC) n O 881/92 for Community carriers and equivalent Swiss provisions.


1 Applid in its latest version (as amended by EC Regulation n O 484/2002) according to Art. 3 of D n O 2/2004 of the Committee on Inland Transport Community/Switzerland of 22 June 2004-see RO 2004 3679 .

Art. 10 Transport of goods in transit through the territory of the Contracting Parties

The international carriage of goods by road on behalf of others, as well as empty journeys made in transit through the territories of the Contracting Parties, shall be liberalised. These transports shall be carried out under the cover of the licences referred to in Art. 9.

2. The s. 2, 3 and 4 of s. 9 are applicable.

Art. 11 Transit through Austria

A system of ecopoints equivalent to that provided for by art. 11 of Protocol No. O 9 of the Act of Accession of Austria to the European Union is applicable for the transit of Swiss operators through the territory of Austria, within the limits of the validity of that Protocol. The method of calculation and the detailed rules and procedures for the management and control of ecopoints shall be defined by means of an administrative arrangement established by common accord between the Contracting Parties at the time of conclusion of the present Agreement and which shall be consistent mutatis mutandis with the provisions of Protocol No. O 9 above.

Art. 12 Great Cabotage for Switzerland

1. From the year 2001, the major cabotage for Switzerland is allowed under the following conditions:

-
These transports shall be carried out under the cover of the Swiss licence referred to in Art. 9, para. 1;
-
They are limited to a transport operation, on the return road, following a shipment of goods between Switzerland and a Member State of the Community.

2. Until then, however, existing rights arising from existing bilateral agreements continue to be exercised. A list of these rights is included in Annex 5 to this Agreement.

3. From the year 2005, the great cabotage for Switzerland is totally free. Transport shall be carried out under the cover of the Swiss licence referred to in Art. 9, para. 1.

Art. 13 Triangular transport operations with third countries

The regime governing triangular transport with third countries will be determined by mutual agreement after the conclusion of the necessary agreement between the Community and the third country in question, on the one hand, and on the other, Switzerland and the Third country in question. This scheme will be designed to ensure reciprocity of treatment between Community and Swiss operators for such triangular transport.

2. Pending the conclusion of agreements between the Community and the third countries concerned, this Agreement shall not affect the provisions relating to such triangular transport which are contained in bilateral agreements concluded between States Member States of the Community and Switzerland concerning transport with third countries. A list of these rights is included in Annex 5 to this Agreement.

3. Following the definition of the plan referred to in s. 1, Switzerland concludes or adapts to the extent necessary the bilateral agreements with these third countries.

Art. 14 Transport between two points in the territory of a Member State of the Community or between two points in the territory of Switzerland

Transport between two points in the territory of a Member State of the Community and carried out by a vehicle registered in Switzerland, and the transport between two points on the territory of Switzerland and carried out by a vehicle Registered in a Member State of the Community shall not be authorised under this Agreement.

Art. 15 Prohibition of movement of night and Sunday and exemptions to the weight limit

1. The ban on night travel on the territory of Switzerland applies only between 22 hours and 5 hours.

2. The exemptions to the weight limit and the prohibition on travel during the night and Sunday are set out in Appendix 6.

3. Exemptions to the prohibition of movement at night are granted in a non-discriminatory manner and can be obtained from a single window. They shall be granted subject to the payment of a fee to cover administrative costs.

Art. 16 Abolition of certain exemptions to the weight limit

The provisions of Annex 6, II, points 3 and 4 of the 1992 Agreement shall no longer be applicable from the entry into force of this Agreement.

C. International Bus and Bus Passenger Transportation

Art. 17 Conditions Applicable to Carriers

1. Any carrier on account of another person shall be admitted to carry out the transport services defined in Art. 1 of Annex 7 without discrimination on the grounds of nationality or place of establishment, provided that:

-
To be authorised in the Member State of the Community where the carrier is established or in Switzerland to transport by coach and bus, in the form of regular services, including regular specialised services, or occasional services,
-
To comply with road safety regulations with regard to standards applicable to drivers and vehicles.

2. Any carrier on its own account shall be allowed to carry out the transport services referred to in Art. 1 (3) of Annex 7 without discrimination on grounds of nationality or place of establishment, provided that:

-
To be authorised in the Member State of the Community where the carrier is established or in Switzerland to transport by coach and bus according to the market access conditions laid down in the national legislation,
-
To comply with road safety regulations with regard to standards applicable to drivers and vehicles.

3. In order to carry out international carriage of passengers by coach and bus, any carrier which meets the criteria laid down in par. 1, must be in possession of a Community licence for Community carriers or a similar Swiss licence for Swiss carriers.

The model, the procedures governing the grant, use and renewal of licences are covered by the provisions of the Regulation (EEC) n O 684/92, as amended by Regulation (EC) No O 11/98, for Community carriers and by equivalent Swiss provisions.

Art. 18 Market Access

1. Casual services as defined in s. 1, point 2.1 of Annex 7 are exempt from any authorisation.

2. Specialized regular services defined in Art. 1 (1.2) of Annex 7 is exempt from authorisation, provided that it is covered, within the territory of the Community, by a contract concluded between the organiser and the carrier.

3. Empty movement of vehicles in relation to the carriage referred to in s. 1 and 2 are also exempt from any authorization.

4. Regular services shall be subject to authorisation in accordance with Art. 2 and later of Annex 7.

5. Specialized regular services not covered by a contract concluded between the organiser and the carrier shall be subject to authorisation in the territory of the Community in accordance with Art. 2 and later of Annex 7.

In Switzerland, such services are exempt from any authorisation.

6. Road transport for own account defined in Art. 1 (3) of Annex 7 is exempt from authorisation and is subject, in the territory of the Community, to a certification scheme.

Art. 19 Triangular operations with third countries

The regime governing triangular transport with third countries will be determined by mutual agreement after the conclusion of the necessary agreement between the Community and the third country in question, on the one hand, and on the other, Switzerland and the Third country in question. This scheme will be designed to ensure reciprocity of treatment between Community and Swiss operators for such triangular transport.

2. Pending the conclusion of agreements between the Community and the third countries concerned, this Agreement shall not affect the provisions relating to the carriage referred to in s. 1 which appear in bilateral agreements concluded between the Member States of the Community and Switzerland concerning transport with third countries. A list of these rights is included in Annex 8 to this Agreement.

3. Following the definition of the plan referred to in s. 1, Switzerland concludes or adapts to the extent necessary the bilateral agreements with these third countries.

Art. Transport operations between two points in the territory of the same Contracting Party

1. The transport operations between two points in the territory of the same Contracting Party carried out by carriers established in the other Contracting Party shall not be permitted under this Agreement.

2. However, existing rights arising from bilateral agreements concluded between the Member States of the Community and Switzerland and in force continue to be exercised, provided that there is no discrimination between carriers And that there is no distortion of competition. A list of these rights is included in Annex 8 to this Agreement.

Art. Procedures

The procedures governing the grant, use, renewal and caducity of authorisations and the procedures relating to mutual assistance shall be covered by the provisions of Annex 7 to this Agreement.

Art. Transitional Provision

The authorisations of services existing on the date of entry into force of this Agreement shall remain valid until their expiry, to the extent that the services in question continue to be subject to authorisation.

Title III International rail transport

Art. Management independence

The Contracting Parties undertake to:

-
Guarantee the independence of the management of railway undertakings, in particular by providing them with a status of independence allowing them to adjust their activities to the market and to manage them under the responsibility of their governing bodies;
-
To separate the management of the railway infrastructure from the operation of the transport services of the railway undertakings, at least on the chart of accounts; the aid paid to one of these two activities cannot be transferred to the other.
Art. 24 Access and transit rights to railway infrastructure

Railway undertakings and international groupings shall have the rights of access and/or transit defined by the Community legislation referred to in Annex 1, section 4.

2. Railway undertakings established in the territory of a Contracting Party shall be granted a right of access to the infrastructure in the territory of the other Contracting Party for the purposes of the operation of the combined transport services International.

3. Railway undertakings and international groups operating their transit access rights shall conclude the necessary administrative, technical and financial arrangements with the railway infrastructure managers Used to address traffic regulatory and safety issues relating to the international transportation services referred to in s. 1 and 2.

Art. 25 Railway licenses

1. The granting of an appropriate licence to the type of rail service in question is a prerequisite for any request for access or transit of the railway infrastructure and, therefore, the right to operate transport services. This licence does not, by itself, give access to rail infrastructure.

2. A railway undertaking has the right to apply for a licence in Switzerland or in the Member State of the Community where it is established. Licences shall not be granted or extended by the Contracting Parties where the requirements of this Agreement are not met.

3. Licences shall be issued by the licensing authority specially designated to existing and new undertakings under the responsibility of the Contracting Parties.

4. Licences shall be recognised in the Community or in Switzerland on the basis of reciprocity.

5. They shall be subject to requirements laid down by the Contracting Parties in respect of good repute, financial capacity and professional capacity, as well as cover in civil liability, for the duration of their validity. The relevant provisions are set out in section 4 of Annex 1.

6. The licences shall remain valid for as long as the railway undertaking fulfils the obligations laid down in the aforementioned legal provisions. However, the responsible authority may prescribe the review at regular intervals.

7. The procedures for the verification, modification, suspension or revocation of a licence shall be governed by the aforementioned legal provisions.

Art. 26 Security certificate assignment

1. The Contracting Parties shall provide for the obligation of railway undertakings to submit, in addition, a safety certificate setting out the safety requirements imposed on railway undertakings with a view to ensuring a safe service On the routes concerned.

2. The railway undertaking may request the safety certificate from an authority designated by the Contracting Party in which the infrastructure is located.

3. With a view to obtaining the safety certificate, the railway undertaking must comply with the requirements of the Swiss legislation for the part of the route in Switzerland and those of the law applicable in the Community for the part of the On the territory of the Community.

Art. 27 Allocation of grooves

Each Contracting Party shall designate the person responsible for the allocation of capacity, be it a specific authority or the infrastructure manager. The distribution organisation, which will be aware of all the available train paths, will ensure that:

-
The capacity of railway infrastructure to be allocated on a fair and non-discriminatory basis,
-
The allocation procedure allows for efficient and optimal use of the infrastructure subject to s. 3 and 4 of this article.

2. The railway undertaking or the international grouping which requests the allocation of one or more grooves shall be directed to the distribution body (s) of the Contracting Party in whose territory the departure of the service is taking place. Transportation. The allocation body to which the demand for infrastructure capacity is presented shall immediately inform its relevant counterparts. The latter shall vote no later than one month after receipt of the necessary information, each allocation body which may refuse an application. The distribution body to which the request is made shall, in consultation with its relevant counterparts, decide not later than two months after the date on which all the necessary information has been transmitted. Procedures for the processing of an infrastructure capacity request are governed by the provisions set out in section 4 of Schedule 1.

3. The Community and Switzerland may take the necessary measures to ensure that, when allocating rail infrastructure capacity, priority is given to the following rail services:

(a)
Services provided in the public interest,
(b)
Services that are wholly or partly carried out on an infrastructure specifically constructed or managed for these services (p. Ex. Special high-speed lines or cargo lines).

4. The Community and Switzerland may entrust the allocation body to grant to railway undertakings which provide certain types of services or provide them in certain regions, special rights with regard to the allocation of Infrastructure capacity on a non-discriminatory basis, if these rights are necessary to ensure a good level of public service or efficient use of infrastructure capacity, or to enable infrastructure financing News.

5. Contracting Parties may provide for the possibility that requests for access to infrastructure shall be accompanied by a security deposit or that a comparable security interest be established.

6. The Community and Switzerland shall adopt and publish procedures for the allocation of railway infrastructure capacity. They shall also inform the Joint Committee established by Art. 51 of this Agreement.

Art. 28 Accounts and User Charges

The accounts of the manager of an infrastructure must present at least a balance considered over a reasonable period of time between, on the one hand, the revenue derived from these royalties and the possible contributions of the State and, on the other hand, Infrastructure expenditure.

2. The infrastructure manager shall charge a fee for the use of the railway infrastructure to be managed by the railway undertakings or international groupings that use the infrastructure.

3. Charges for the use of infrastructure shall be determined, in particular, according to the nature of the service, the period of service, the market situation and the nature and wear of the infrastructure.

4. Royalty payments are made to the infrastructure manager (s).

5. Each Contracting Party shall define the terms and conditions for the fixing of royalties, after consultation with the infrastructure manager. Charges levied on services of an equivalent nature in the same market shall apply without discrimination.

6. The infrastructure manager shall communicate in a timely manner to railway undertakings or international groupings that use its infrastructure to perform the services referred to in s. 24 all significant changes in the quality or capacity of the infrastructure concerned.

Art. Recourse

1. The Community and Switzerland shall take the necessary measures to ensure that decisions on the allocation of infrastructure capacity or the collection of royalties are subject to appeal before an instance Independent. This body shall take a decision within two months of the communication of all necessary information.

2. The Contracting Parties shall take the necessary measures to ensure that decisions taken in accordance with par. 1 and art. 25, para. 3, are subject to judicial review.

Title IV Coordinated transport policy

A. General provisions

Art. Objectives

1. The Contracting Parties have agreed to develop as much as necessary a coordinated policy on the transport of goods and passengers. The aim of this policy is to combine the efficiency of transport systems with the protection of the environment, thereby ensuring sustainable mobility.

2. The Contracting Parties shall endeavour to establish a broad comparability of the terms and conditions of carriage, including taxation, in their respective territories, in particular with a view to avoiding the diversion of traffic in the Alpine regions or To achieve a better distribution of traffic.

Art. Measures

With a view to achieving this objective, the Contracting Parties shall take measures to ensure healthy competition between and within modes of transport and to facilitate the use of means of transport of goods and More environmentally friendly travellers.

2. The measures shall include, in addition to the provisions of Titles II and III:

-
The development of rail infrastructure through the Alps and the provision of competitive rail and combined transport services in terms of price and quality;
-
The establishment of appropriate charging systems for road transport;
-
Accompanying provisions.

The measures taken by the Contracting Parties under this Agreement shall be implemented progressively and, if possible, in a coordinated manner.

Art. 32 Principles

Subject to the provisions of Art. 47, the measures taken in art. 31 are consistent with the following principles:

-
Non-discrimination, direct or indirect, on account of the nationality of the carrier or the place of registration of the vehicle or of the origin and/or destination of the transport;
-
Free choice of mode of transport;
-
Non-introduction of unilateral quantitative restrictions;
-
Territoriality;
-
Proportionality of taxation to transport costs, including criteria relating to the type of vehicle;
-
Transparency;
-
Comparability of conditions of use between transalpine passages;
-
Avoidance of distortions in traffic flows in the Alpine regions;
-
Reciprocity.

B. Rail and Combined Transport

Art. 33 Objectives

1. The Contracting Parties agree on the objective of establishing a combined rail and transport supply which is sufficient in terms of capacity and economically competitive and in quality of service with road transport for the Alpine region, while respecting the principles set out in s. 32 and by guaranteeing the free play of market forces, in particular in the context of the opening of access to the railway infrastructure provided for in Title III, as well as the autonomy of railway undertakings.

2. For this purpose, the Contracting Parties shall:

-
Take within their competence, infrastructural and operational measures, both in Switzerland and on Community territory, so as to ensure the long-term viability, coherence and integration of the Swiss offer in a Long-range rail system;
-
Also undertake to develop the interconnection and interoperability of their rail and combined transport networks. They shall ensure the necessary cooperation to this end with the international organisations and the institutions concerned and instruct the Joint Committee to follow these aspects.

3. The Contracting Parties undertake to implement the provisions necessary to promote, in parallel with the gradual establishment of the road tax system referred to in Art. 40, the making available to users of a rail and combined transport offer which is of a nature, in terms of capacity, price and quality, to ensure a fair distribution of traffic on the various transalpine passes.

Art. 34 Capacity of rail supply

1. The Contracting Parties confirm their respective commitments in Art. 5 and 6 of the 1992 Agreement which provides for the construction of the NLFA and for the Community to improve the capacity of the north and south access roads to the NLFA. They agree that these new railway infrastructures will be carried out in the U-gauge. I. C.

2. For the Community, the infrastructure measures referred to in subs. 1 are among those taken within the framework of, and under the conditions laid down in, Decision 1692 /96/EC of the European Parliament and of the Council on the Community guidelines for the development of the trans-European transport network, including Rail and combined transport routes across the Alps, including access to Swiss rail infrastructure and combined transport facilities.

The two Contracting Parties shall work together in order to enable their respective competent authorities to plan and carry out, in a coordinated manner, the necessary rail and combined transport infrastructure measures. Satisfaction of the commitments made to s. 1 and 2 and to align the work schedule with the required capabilities. They will do this by pursuing the objective of making the investments made. To this end, they shall take all appropriate measures within the Joint Committee.

The Joint Committee may establish a Sub-Committee to oversee the coordination of infrastructure projects in the Alpine region. The Sub-Committee shall consist of representatives of Switzerland, the Community and the Member States of the Community, located in the Alpine region.

Art. 35 Economic Parameters

(1) The Contracting Parties shall take all necessary measures to achieve the objective set out in Art. 33. To this end, they shall ensure that rail freight transport and combined transport through Switzerland remain, including for combined and competitive combined transport, at comparable levels of price and quality of service, with the Road transport on the same route, while respecting the guarantee of railway undertakings' autonomy.

2. In order to establish a suitable rail and combined transport supply, the Contracting Parties may financially support investments in the railway infrastructure, the fixed or mobile equipment necessary for the Transshipment between land modes, transport equipment specifically adapted to combined transport and used for combined transport and, within the limits permitted by their respective legislation, the operating costs for the services of Combined transport through Swiss territory, provided that these measures contribute to Increase the level of quality and competitiveness in terms of the price of rail and combined transport and do not create a disproportionate distortion of competition between operators. The fixing of prices for the railway journey remains the responsibility of the competent authorities or entities.

3. Contracting Parties may also enter into public service contracts with railway undertakings to ensure adequate rail transport services, particularly in view of the social and environmental factors.

4. The Contracting Parties shall ensure, each within the limits of its powers, that the effect on the market of any State aid granted by one of the Contracting Parties shall not be thwarted by the conduct of the other Party Contracting Party or an entity located in its own territory or on the territory of the other Party.

The Joint Committee shall monitor the application by the Contracting Parties of the provisions of this Article.

Art. 36 Quality Settings

1. The Contracting Parties agree to take all necessary measures to achieve the objective set out in Art. 33. To this end, they undertake to promote combined transport.

2. In the phase of the transitional regime referred to in Art. 8, Switzerland also undertakes, in accordance with Title II of the 1992 Agreement, to put in place an offer of combined combined transport ("rolling road") that is competitive with the road, in terms of quality and price.

3. In order to promote combined transport, Contracting Parties shall take all necessary measures. In particular, they shall ensure that the following provisions apply:

-
Compliance with the regulations on technical and social standards for road transport, in particular with regard to driving and rest times, speed limits, weight and maximum dimensions;
-
Reduction of border controls for rail transport and the postponement of such checks at the place of embarkation or disembarkation, in accordance with the Convention of 20 May 1987 between the Community and Switzerland and between the EFTA States On a common transit procedure 1 ;
-
Facilitating the organisation of the transport chain combined by the simplification of the regulatory and administrative conditions governing each of the Contracting Parties;
-
Incentives for combined transport operators and railway undertakings to improve their quality of service.

A list of railway parameters is provided in Appendix 9. These parameters are taken into account in the use of s. 46.

4. Within the framework of their competences, the Contracting Parties shall endeavour to take appropriate measures to enable the establishment of rail freight corridors in a timely manner. They shall regularly inform themselves of any measures they intend to take concerning these railway corridors.

The Joint Committee shall draw up a report every two years on the implementation of the measures referred to in this Article.


C. Road transport charging systems

Art. Objectives

In accordance with the objectives of Title III of the 1992 Agreement, the Contracting Parties shall establish, within the framework of their respective powers and in accordance with their respective procedures, the progressive introduction of charging systems, oriented towards The costs incurred by road vehicles, such as other modes of transport.

Art. 38 Principles

1. Royalty systems are based on the principles set out in s. 32, including non-discrimination, proportionality and transparency.

2 Pricing consists of taxes on vehicles, fuel taxes and charges for the use of the road network.

3. In achieving the objectives referred to in Art. 37 are chosen preferably those measures which do not involve the diversion of traffic relative to the technically, economically and geographically most appropriate route between the starting point and the final destination of the Transportation.

4. The measures shall be applied so as not to hinder the free movement of goods or services between the Contracting Parties, in particular with regard to the administration and collection of tolls or the rights of use of the network, The absence of systematic checks or checks at the borders between the Contracting Parties, and the absence of excessive formalities. In order to avoid difficulties in this respect, Switzerland is endeavor to apply the Community rules in force in this respect.

5. The provisions of this Chapter shall apply to vehicles having a maximum authorised weight ("PMA") On the registration certificate equal to or greater than 12 tonnes. However, this Agreement does not preclude the adoption by each Contracting Party on its territory of measures for vehicles with less than 12 tonnes of LDC.

6. The Contracting Parties shall not grant, directly or indirectly, State aid to undertakings, in particular transport, in order to remedy the impact on them of the charging of costs on transport operations, through the Royalties provided for in this Agreement.

Art. 39 Instrument Interoperability

In order to achieve an appropriate level of interoperability of electronic systems for the collection of road charges, Contracting Parties shall consult each other within the Joint Committee.

Art. 40 Swiss Measures

1. To achieve the objectives set out in Art. 37 and with a view to the increases in the weight limit laid down in Art. 7, para. 3, Switzerland introduces a system of charges on vehicles, non-discriminatory, in two stages, starting on 1 Er January 2001 and 1 Er January 2005. This system of royalties is based in particular on the principles mentioned in Art. 38, para. 1, and on the terms and conditions set out in Annex 10.

2. The fees are differentiated according to three categories of emission standards (EURO). In the system of charges applicable from 1 Er January 2005, the difference in charges from one category to another shall be as large as possible, but shall not exceed 15 % of the weighted average of the royalties referred to in subs. 4.

3.
A. In the system of charges applicable from 1 Er January 2001, the maximum amounts may not exceed, for a vehicle whose total effective weight in charge does not exceed 34 t, and which runs a journey of 300 km through the Alpine chain, respectively, CHF 205 for the vehicle not responding EUR 172 CHF for the vehicle complying with the EURO I standard and 145 CHF for the vehicle complying with the EURO II standard.
B.
By way of derogation from s. 3.a. Above, the Community shall receive during the period 1 Er From January 2001 to 31 December 2004 an annual quota valid for 220,000 simple races of empty or loaded vehicles, provided that the total effective weight in charge of the vehicle does not exceed 28 t, carried out in transit through the Swiss Alpine network, for payment of a fee for the use of the infrastructure, the amount of which amounts to CHF 50 in 2001, 60 CHF in the year 2002, 70 CHF in the year 2003 and 80 CHF in the year 2004. Switzerland also receives a quota under the same conditions. These races will be subject to the normal control procedure.

4. In the system of charges applicable from 1 Er January 2005, the weighted average of the charges does not exceed 325 CHF for a vehicle whose total effective weight does not exceed 40 t and which runs a journey of 300 km through the Alpine chain. The charge for the most polluting category does not exceed 380 CHF.

5. A portion of the royalties referred to in s. 3 and 4 may be constituted by tolls for the use of the Alpine special infrastructure. This party may not represent more than 15 % of the royalties referred to in s. 3 and 4.

6. The weights mentioned in par. 4 are determined on the basis of the number of vehicles per EURO category circulating in Switzerland. The number of vehicles in each category shall be determined on the basis of censuses to be examined by the Joint Committee. The Joint Committee shall determine the weighting on the basis of biennial reviews, the first of which shall take place before 1 Er July 2004, to take account of developments in the structure of the vehicle fleet circulating in Switzerland and the evolution of the EURO standards.

Art. Community measures

The Community shall continue to develop charging systems applicable in its territory linked to the costs entailed by the use of the infrastructure. These systems are based on the user-pay principle.

Art. Reconsideration of Royalty Level

1. With effect from 1 Er January 2007, and every two years thereafter, the maximum royalty levels set out in s. 40, para. 4, are adjusted to take into account the inflation rate in Switzerland for the last two years. For the purpose of this adjustment, Switzerland shall communicate to the Joint Committee, no later than 30 September of the year preceding the adjustment, the statistical data necessary to justify the adjustment envisaged. The Joint Committee shall meet at the request of the Community within 30 days of this communication with a view to holding consultations on the adjustment envisaged.

In the event that, during the period between the date of signature of this Agreement and 31 December 2004, the average inflation rate in Switzerland exceeds 2 per cent annually, the maximum levels of the royalties as determined in Art. 40, para. 4, will be adjusted to take into account only inflation which exceeds the average rate of 2 % annually. The procedure referred to in the preceding paragraph shall apply.

2. From 1 Er January 2007, the Joint Committee may, at the request of one of the Contracting Parties, review the maximum levels of the royalties set out in Art. 40, para. 4, for a decision, taken by mutual agreement to adjust them. This review is based on the following criteria:

-
The level and structure of the tax charges in the two Contracting Parties, in particular on comparable transalpine passages;
-
The distribution of traffic between comparable transalpine passes;
-
The evolution of modal distribution in the Alpine region;
-
The development of the railway infrastructure crossing the Alpine arc.

D. Accompanying measures

Art. 43 Facilitation of border controls

1. The Contracting Parties undertake to simplify and simplify the formalities imposed on transport, in particular in the customs field.

2. The Agreement of 21 November 1990 between the European Economic Community and the Swiss Confederation on the facilitation of controls and formalities in the transport of goods 1 , the Convention on a Common Transit System of 20 May 1987 2 As well as, for rail transport, the agreement between the railway companies on the technical visit of the transfer of wagons to international traffic serves as the basis for the measures taken by the Contracting Parties in application of the By. 1.


Art. 44 Environmental standards for commercial vehicles

1. With a view to better protection of the environment, and without prejudice to obligations under s. 7, the Contracting Parties shall, inter alia, introduce environmental standards ensuring a high level of protection in order to reduce exhaust gases, particulate matter and noise emitted by heavy-duty vehicles.

2. The Contracting Parties shall consult regularly during the preparation of these standards.

3. The category of emission (EURO) of heavy vehicles (as defined by Community legislation), if not mentioned on the vehicle registration certificate, is checked from the first release date On that certificate or, where appropriate, on the basis of a special additional document drawn up by the competent authorities of the issuing State.

Art. 45 Trafficking Observatory

1. A permanent monitoring centre for the monitoring of road, rail and combined traffic in the Alpine region shall be established upon the entry into force of this Agreement. It reports annually on the evolution of trafficking in the Joint Committee established under Art. 51 of this Agreement. The Joint Committee may also request the preparation of a special report, in particular in the case of an application of the provisions of the arts. 46 and 47 of this Agreement.

2. Funding for the work of the observatory is provided by the Contracting Parties. The funding allocation key is set by the Joint Committee.

The Contracting Parties shall determine the administrative arrangements for the operation of the observatory by a decision of the Joint Committee to be taken at the first meeting of the latter.

E. Corrective Action

Art. Unilateral backup measures

1. If after 1 Er January 2005, despite competitive railway prices and the correct application of the measures provided for in Art. 36 concerning the quality parameters, there are difficulties in the flow of Swiss transalpine road traffic and whether, during a period of ten weeks, the average rate of use of capacity in respect of the rail supply in the territory Switzerland (combined and unaccompanied combined transport) is less than 66 %, Switzerland may, in derogation from the procedures set out in Art. 40, para. 4 and 5, increase the royalties under s. 40, para. 4, at most 12.5 %. The product of this increase is fully allocated to rail and combined transport in order to increase their competitiveness with road transport.

2. In the same circumstances as those set out in s. 1 in its territory, the Community may, under comparable conditions, use similar measures to remedy the situation.

3.
A. The scope and duration of the safeguard measure provided for in the preceding paragraphs shall be limited to what is strictly necessary to remedy the situation. It is for a period of not more than six months, but can be extended once six months. Subsequent extensions may be decided by the Joint Committee by mutual agreement.
B.
Where a Contracting Party has previously applied the measures referred to in s. 1 or 2, their application by that Contracting Party is in this case subject to the following conditions:
-
Where the previous period of application has not exceeded six months, the application of new measures shall be permitted only after a period of twelve months has elapsed from the end of the previous application;
-
Where the period of application has exceeded six months, the application of new measures shall be permitted only after a period of 18 months has elapsed from the end of the previous application;
-
In no case shall there be no more than two periods of recourse to safeguard measures for a period of five years, calculated from the beginning of the first period of application of the safeguard measures.
The Joint Committee may decide, by mutual agreement, to derogate from the above limitations in specific cases.

4. Before resorting to the measures provided for in the preceding paragraphs, the Contracting Party concerned shall inform the Joint Committee of its intention. The Joint Committee met to discuss the matter. In the absence of a contrary decision of the Joint Committee, the Contracting Party concerned may take the measure in question after a period of 30 days from the date of notification of the measure to the Joint Committee.

Art. Consensus Safeguard Measures

1. In the event of serious distortions in traffic flows across the Alpine arc, which adversely affect the achievement of the objectives set out in Art. 30 of this Agreement, the Joint Committee shall meet, at the request of one of the Contracting Parties, in order to determine the appropriate measures to remedy the situation. The requesting Contracting Party shall immediately inform the trafficking observatory which shall draw up a report within 14 days on this situation and on any measures to be taken.

2. The Joint Committee shall meet within 15 days of the request. It shall carry out a review of the situation taking due account of the report of the trafficking observatory. The Joint Committee shall decide on any measures to be taken within 60 days of the date of its first meeting on the matter. Such time limits may be extended by mutual agreement.

These safeguard measures are limited, in their scope and duration, to what is strictly necessary to remedy the situation. Priority shall be given to measures which are least disruptive to the functioning of this Agreement.

Art. 48 Measures in case of crisis

In the event of a situation where traffic through the Alpine arc would be severely disrupted due to force majeure, for example in the event of natural disasters, the Contracting Parties will take concerted action each for its territory, all the Possible useful provisions to permit the carriage of this traffic. Priority treatment will be given to certain sensitive transport, such as perishables.

Title V General and final provisions

Art. Implementation of the Agreement

The Contracting Parties shall take all general or specific measures to ensure the fulfilment of the obligations of this Agreement.

2. They shall refrain from any measure which may jeopardise the achievement of the objectives of this Agreement.

3. The provisions of this Agreement relating to the maximum authorised weight limits for articulated vehicles and road trains and to transport pricing shall be implemented in accordance with a two-step procedure, of 1 Er January 2001 to 31 December 2004 and from 1 Er January 2005.

Art. 50 Rebalancing measures

If a Contracting Party finds that the other Contracting Party does not comply with the obligations set out in this Agreement, or that the other Contracting Party does not implement a decision of the Joint Committee, the injured Contracting Party may, after consulting the Within the Joint Committee, take appropriate measures to maintain the balance of this Agreement. The Contracting Parties shall provide the Joint Committee with all the necessary elements for an in-depth examination of the situation.

Art. Joint Committee

1. A Joint Committee shall be set up, hereinafter referred to as the "Committee on Land Transport Community/Switzerland", composed of representatives of the Contracting Parties, who shall be responsible for the management and proper application of this Agreement. To this end, it makes recommendations. It shall take decisions in the cases provided for in the agreement; the execution of such decisions shall be carried out by the Contracting Parties in accordance with their own rules. The Joint Committee shall decide by mutual agreement.

In particular, the Joint Committee shall ensure the monitoring and application of the provisions of this Agreement and in particular of Art. 27 § 6, 33, 34, 35, 36, 39, 40, 42, 45, 46, 47 and 54. It implements the adaptation and revision clauses referred to in s. 52 and 55.

For the purposes of the proper implementation of this Agreement, the Contracting Parties shall regularly exchange information and, at the request of one of them, shall consult each other in the Joint Committee. The Contracting Parties shall provide each other with the data of the authorities entrusted with the implementation of this Agreement, in particular issuing authorisations and carrying out controls. These authorities exchange their correspondence directly.

The Joint Committee shall adopt by decision its rules of procedure, which shall contain, among other provisions, the arrangements for the convening of meetings, the appointment of the Presidency and the definition of the term of office of the latter.

The Joint Committee shall meet as required and at least once a year. Each Contracting Party may request the convening of a meeting.

The Joint Committee may decide to set up any working group or expert to assist it in the performance of its tasks.

7. This Committee shall also carry out the functions previously performed by the Joint Committee, hereinafter referred to as the "Committee on Inland Transport Community/Switzerland", established by Art. 18 of the 1992 agreement.

Art. Development of law

(1) This Agreement shall not prejudice the right of each Contracting Party to modify, subject to compliance with the principle of non-discrimination and the provisions of this Agreement, its domestic legislation autonomously in the areas covered By this Agreement.

2. As soon as a Contracting Party develops new legislation in an area covered by this Agreement, it shall informally seek the advice of experts from the other Contracting Party. During the period leading up to the formal adoption of this new legislation, the Contracting Parties shall keep informed and consult as much as necessary. At the request of one of the Contracting Parties, a preliminary exchange of views shall take place within the Joint Committee, in particular on the consequences of such an amendment on the operation of the Agreement.

3. As soon as the amended legislation is adopted, and no later than eight days after its publication in the Official Journal of the European Communities or in the Official Collection of Federal Laws, the Contracting Party concerned shall notify the other Party Contracting the text of these new provisions. At the request of one of the Contracting Parties, an exchange of views shall be held within the Joint Committee on the consequences of the amendment on the operation of this Agreement no later than two months after the date of the request.

4. The Joint Committee:

-
Adopt a decision revising Annexes 1, 3, 4 and 7 or, if necessary, propose the revision of the provisions of this Agreement, in order to incorporate, as necessary on a reciprocal basis, the changes made in the Relevant legislation;
-
Adopt a decision in which the amendments to the relevant legislation are deemed to be in conformity with this Agreement;
-
Decide on any other measures to safeguard the proper functioning of this Agreement.

The Joint Committee shall decide on the arrangements for the adaptation of this Agreement to the relevant provisions of the future agreements between the Community or Switzerland on the one hand, and third countries on the other hand, as referred to in Art. 13 and 19.

6. In order to achieve the purposes covered by this Agreement, the Contracting Parties shall take, in accordance with the schedule laid down in Art. 49, all measures necessary for the rights and obligations equivalent to those contained in the Community legal acts listed in Annex 1 to be applied in their relations.

Art. Confidentiality

Representatives, experts and other agents of Contracting Parties shall be required, even after the termination of their functions, not to disclose the information obtained under this Agreement, which by their nature is covered by the secrecy Professional.

Art. Dispute Settlement

Each Contracting Party may submit a dispute concerning the interpretation or application of this Agreement to the Joint Committee. The Board strives to resolve the dispute. All relevant information to allow for a thorough review of the situation with a view to finding an acceptable solution is provided to the Joint Committee. To this end, the Joint Committee shall examine all possibilities for maintaining the proper functioning of this Agreement.

Art. Revision of the Agreement

(1) If a Contracting Party wishes to revise the provisions of this Agreement, it shall inform the Joint Committee accordingly. Subject to subs. 2 and 3 below, the amendment of this Agreement shall enter into force after the completion of the respective internal procedures.

2. Schedules 1, 3, 4 and 7 may be amended by a decision of the Joint Committee pursuant to s. 51, para. 1, to take account of developments in Community legislation in this field.

3. Schedules 5, 6, 8 and 9 may be amended by a decision of the Joint Committee pursuant to s. 51, para. 1.

Art. 56 Annexes

Annexes 1 to 10 shall form an integral part of this Agreement.

Art. 57 Territorial scope of application

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applicable and under the conditions laid down in that Treaty and, on the other, to the territory of Switzerland.

Art. Final Clauses

(1) This Agreement shall be ratified or approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the first day of the second month following the last notification of the deposit of instruments of ratification or approval of all seven agreements:

-
Agreement on the carriage of goods and passengers by rail and road,
-
Agreement on the free movement of persons 1 ,
-
Air transport agreement 2 ,
-
Agreement on trade in agricultural products 3 ,
-
Mutual recognition agreement on conformity assessment 4 ,
-
Agreement on certain aspects relating to public procurement 5 ,
-
Agreement on scientific and technological cooperation 6 .

2. This Agreement shall be concluded for an initial period of seven years. It shall be renewed for an indefinite period unless the Community or Switzerland notifies the other Contracting Party before the expiry of the initial period. In the case of notification, the provisions of s. 4 apply.

The Community or Switzerland may denounce this Agreement by notifying the other Contracting Party of its decision. In the case of notification, the provisions of s. 4 apply.

4. The seven agreements mentioned in par. 1 cease to be applicable six months after the receipt of the notification relating to the non-renewal referred to in par. 2 or the denunciation referred to in s. 3.

Done at Luxembourg, the twenty-one June of the year thousand nine hundred and ninety-nine, in duplicate in the German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese and Swedish languages, each of these Texts being equally authentic.


List of annexes

Annex 1

Art. 5, § 2, 6, 7, § 1, 24, § 1, 25, § 5 and 27, § 2: applicable provisions

Annex 2

Art. 8, § 5: terms and conditions for the application of the fees laid down in Art. 8

Annex 3

Art. 9, § 1: model of licence for international carriage of goods by road

Annex 4

Art. 9, § 3: list of transports released from any licensing or authorisation system

Annex 5

Art. 12 and 13: list of existing rights arising from existing bilateral agreements

Annex 6

Art. 15, § 2: exemptions from the weight limit and the ban on the movement of night and Sunday

Annex 7

Art. 17, 18 and 21: international passenger transport services and authorisation procedures

Annex 8

Art. 19 and 20: list of existing rights arising from existing bilateral agreements

Annex 9

Art. 36: quality parameters for rail and combined transport services

Annex 10

Art. 40, § 1: detailed rules for the application of the fees laid down in Art. 40


Annex 1 1

Applicable Provisions

In accordance with Art. 52, para. 6 of this Agreement Switzerland shall apply legal provisions equivalent to the provisions mentioned below:

Relevant provisions of European Union law

Section 1 Access to the profession

Directive 2006 /1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles leased without drivers in the carriage of goods by road (codified version) (OJ L 33, 4.2.2006, p. 82).

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 laying down common rules on the conditions to be complied with in order to exercise the occupation of road transport operator and repealing Council Directive 96 /26/EC (OJ 2009 L 300 Of 14.11.2009, p. 51), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1).

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 laying down common rules for access to the market for international carriage of goods by road (OJ L 300, 14.11.2009, p. 72), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1).

For the purposes of this Agreement,

(a)
The European Union and the Swiss Confederation exempt from the requirement to hold the certificate of driver any national of the Swiss Confederation, a Member State of the European Union and a Member State of the European Economic Area.
(b)
The Swiss Confederation will not be able to exempt nationals of other states other than those mentioned in point (a) above from the requirement to hold the driver attestation only after consultation and agreement by the European Union.
(c)
The provisions of Chapter III of Regulation (EC) No 1072/2009 (cabotage) do not apply.

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 laying down common rules for access to the international market for bus and coach transport services and amending Regulation (EC) No 561/2006 (OJ 2009 L 300 Of 14.11.2009, p. 88), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1).

For the purposes of this Agreement, the provisions of Chapter V of Regulation (EC) No 1073/2009 (relating to cabotage) shall not apply.

Commission Decision 2009 /992/EU of 17 December 2009 on minimum requirements for data to be included in the national electronic register of road transport undertakings (OJ L 339, 22.12.2009, p. 36).

Commission Regulation (EU) No 1213/2010 of 16 December 2010 laying down common rules for the interconnection of national electronic registers relating to road transport undertakings (OJ L 335, 18.12.2010, p. 21).

Commission Regulation (EU) No 361/2014 of 9 April 2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council with regard to documents relating to international passenger transport By bus and bus, and repealing Commission Regulation (EC) No 2121/98 (OJ L 107, 10.4.2014, p. 39).

Section 2 Social standards

Council Regulation (EEC) No 3821/85 of 20 December 1985 on the control apparatus in the field of road transport (OJ L 370, 31.12.1985, p. 8), as last amended by Commission Regulation (EU) No 1161/2014 of 30 October 2014 (OJ L 311, 31.10.2014, p. 19).

Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).

Directive 2003 /59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and continuous training of drivers of certain road vehicles assigned to the carriage of goods or passengers, amending Regulation (EEC) No 3820/85 and Council Directive 91 /439/EEC and repealing Council Directive 76 /914/EEC (OJ L 226, 10.9.2003, p. 4).

Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain provisions of social legislation in the field of road transport, amending Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1), as amended by the Regulation (EU) n O 1073/2009 of the European Parliament and of the Council of 21 October 2009 (OJ L 300, 14.11.2009, p. 88).

Directive 2006 /22/EC of the European Parliament and of the Council of 15 March 2006 laying down the minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to Road transport activities and repealing Council Directive 88 /599/EEC (OJ L 102, 11.4.2006, p. 35), as last amended by Commission Directive 2009 /5/EC of 30 January 2009 (OJ L 29, 31.1.2009, p. 45).

Commission Regulation (EU) No 581/2010 of 1 Er July 2010 on the maximum frequencies for downloading relevant data from embedded units and driver cards (OJ L 168, 2.7.2010, p. 16).

Section 3 Technical standards

Motor vehicles

Council Directive 70 /157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (OJ L 42, 23.2.1970, p. 16), as last amended by Commission Directive 2007 /34/EC of 14 June 2007 (OJ L 155, 15.6.2007, p. 49).

Council Directive 88 /77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to measures to be taken against emissions of gaseous and particulate pollutants from ignition engines Compression intended for the propulsion of vehicles and the emission of gaseous pollutants from spark-ignition engines fuelled by natural gas or liquefied petroleum gas for the propulsion of vehicles (OJ L 36, 9.2.1988, p. 33), as last amended by Commission Directive 2001 /27/EC of 10 April 2001 (OJ L 107, 18.4.2001, p. 10).

Council Directive 91 /671/EEC of 16 December 1991 on the approximation of the laws of the Member States relating to the compulsory wearing of seat belts in vehicles of less than 3.5 tonnes (OJ L 373, 31.12.1991, p. 26), as last amended by the Commission's Directive 2014 /37/EU of 27 February 2014 (OJ L 59, 28.2.2014, p. 32).

Council Directive 92/6/EEC of 10 February 1992 on the installation and use in the Community of speed limiters in certain categories of motor vehicles (OJ L 57, 2.3.1992, p. 27), as amended by Directive 2002/85/EC of the European Parliament and of the Council of 5 November 2002 (OJ L 327, 4.12.2002, p. 8).

Council Directive 92/24/EEC of 31 March 1992 on speed limitation devices or similar speed limitation systems fitted to certain categories of motor vehicles (OJ L 129, 14.5.1992, p. 154), as amended by Directive 2004 /11/EC of the European Parliament and of the Council of 11 February 2004 (OJ L 44, 14.2.2002, p. 19).

Council Directive 96 /53/EEC of 25 July 1996 laying down, for certain road vehicles circulating in the Community, the maximum dimensions permitted in national and international traffic and the maximum authorised weights in international traffic (OJ 1996 L 235, 17.9.1996, p. 59), as amended by Directive 2002/7/EC of the European Parliament and of the Council of 18 February 2002 (OJ L 67, 9.3.2002, p. 47).

Council Regulation (EC) No 2411/98 of 3 November 1998 on the intra-Community recognition of the distinguishing sign of the Member State of registration of motor vehicles and their trailers (OJ L 299, 10.11.1998, p. 1).

Directive 2000 /30/EC of the European Parliament and of the Council of 6 June 2000 on the technical control of commercial vehicles circulating in the Community (OJ L 203, 10.8.2000, p. 1), as last amended by the Commission Directive 2010 /47/EU of 5 July 2010 (OJ L 173, 8.7.2010, p. 33).

Directive 2005 /55/EEC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to measures to be taken against emissions of gaseous and particulate pollutants from the Compression-ignition engines for the propulsion of vehicles and emissions of gaseous pollutants from spark-ignition engines fuelled by natural gas or liquefied petroleum gas for propulsion of vehicles (OJ L 275 of 20.10.2005, p. 1), as last amended by Commission Directive 2008 /74/EC of 18 July 2008 (OJ L 192, 19.7.2008, p. 51).

Directive 2009 /40/EC of the European Parliament and of the Council of 6 May 2009 on the technical control of motor vehicles and their trailers (recast) OJ L 141, 6.6.2009, p. 12).

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on the reception of motor vehicles and engines with regard to emissions from heavy-duty vehicles (Euro VI) and access to repair information And the maintenance of vehicles, amending Regulation (EC) No 715/2007 and Directive 2007 /46/EC, and repealing Directives 80/1 2 6 9/EEC, 2005 /55/EC and 2005 /78/EC (OJ L 188, 18.7.2009, p. 1), as last amended by Commission Regulation (EU) No 133/2014 of 31 January 2014 (OJ L 47, 18.2.2014, p. 1).

Regulation (EU) No 582/2011 of 25 May 2011 laying down detailed rules for implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council on emissions from heavy-duty vehicles (Euro VI) and amending Annexes I and III of Directive 2007 /46/EC of the European Parliament and of the Council (OJ L 167, 25.6.2011, p. 1), as last amended by Commission Regulation (EU) No 627/2014 of 12 June 2014 (OJ L 174, 13.6.2014, p. 28).

Transport of dangerous goods

Council Directive 95 /50/EEC of 6 October 1995 on uniform procedures for the control of the carriage of dangerous goods by road (OJ L 249, 17.10.1995, p. 35), as last amended by Directive 2008 /54/EC of the European Parliament and of the Council of 17 June 2008 (OJ L 162, 21.6.2002, p. 11).

Directive 2008 /68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13), as last amended by Commission Directive 2014 /103/EU of 21 November 2014 (OJ L 335, 22.11.2014, p. 15).

For the purposes of this Agreement, the following derogations from Directive 2008 /68/EC shall apply in Switzerland:

1. Road transport

Derogations for Switzerland based on Art. 6, para. 2 (a) of Directive 2008 /68/EC of 24 September 2008 on the inland transport of dangerous goods:

RO-a-CH-1

Subject: Transport of diesel fuel and heating oil of UN 1202 with site tank-containers.

Reference to Annex I, Section I. 1 of this Directive: points 1.1.3.6 and 6.8.

Content of the Annex to the Directive: exemptions related to quantities carried by transport unit, requirements for the construction of tanks.

Content of national legislation: tank-containers constructed not in accordance with the provisions of 6.8 but in accordance with national legislation, of capacity less than or equal to 1 210 l and used for the transport of oil from Heating or diesel fuel of UN 1202, may benefit from the exemptions of point 1.1.3.6 ADR.

Initial reference to national legislation: points 1.1.3.6.3, let. (b) and 6.14 of Appendix 1 to the Ordinance on the Transport of Dangerous Goods by Road (SDR; RS 741.621 ).

Expiration date: 1 Er January 2017.

RO-a-CH-2

Purpose: exemption from the requirement to carry a transport document for certain quantities of dangerous goods defined in 1.1.3.6.

Reference to Annex I, Section I. 1 of this Directive: points 1.1.3.6 and 5.4.1.

Content of the Annex to the Directive: obligation to have a transport document.

Content of national legislation: the transport of empty uncleaned packaging belonging to the category of transport 4 and filled or empty gas cylinders for emergency service breathing apparatus and for diving equipment, In quantities not exceeding the limits laid down in point 1.1.3.6, shall not be subject to the obligation of the transport document provided for in 5.4.1

Initial reference to national legislation: point 1.1.3.6.3, let. (c) Appendix 1 to the Transportation of Dangerous Goods by Road (SDR; RS) Order 741.621 ).

Expiration date: 1 Er January 2017.

RO-a-CH-3

Purpose: transport of uncleaned empty tanks carried out by undertakings for the revision of liquid storage facilities that can pollute the water.

Reference to Annex I, Section I. 1 of this Directive: points 6.5, 6.8, 8.2 and 9.

Content of the Annex to the Directive: construction, equipment and control of tanks and vehicles, driver training.

Content of national legislation: vehicles and empty uncleaned containers/containers that are used by companies for the revision of liquid storage facilities that can pollute the water for depotting Revision operations of stationary tanks shall not be subject to the provisions of construction, equipment and control, labelling and orange-signalling prescribed by ADR. They shall be subject to specific labelling and signalling requirements, and the driver of the vehicle shall not be subject to the training prescribed in point 8.2.

Initial reference to national legislation: point 1.1.3.6.3.10 of Appendix 1 to the Ordinance on the transport of dangerous goods by road (SDR; RS 741.621 ).

Expiration date: 1 Er January 2017.

Derogations for Switzerland based on Art. 6, para. 2, point (b) (i) of Directive 2008 /68/EC of 24 September 2008 on the inland transport of dangerous goods:

RO-bi-CH-1

Purpose: transport of household waste containing dangerous goods to disposal facilities.

Reference to Annex I, Section I. 1 of this Directive: points 2, 4.1.10, 5.2 and 5.4.

Content of the Annex to the Directive: classification, packaging, labelling and labelling, documentation.

Content of national legislation: the regulations contain provisions relating to the simplified classification, to be carried out by an expert approved by the competent authority, of household waste containing dangerous goods (waste Household), the use of appropriate collecting containers and the instruction of the driver. Household waste that cannot be classified by the expert can be transported to the treatment centre in small quantities defined by package and by transport unit.

Initial reference to national legislation: point 1.1.3.7 of Appendix 1 to the Ordinance on the transport of dangerous goods by road (SDR; RS 741.621 ).

Observations: these rules can only be applied to the transport of household waste containing dangerous goods between public treatment sites and disposal facilities.

Expiration date: 1 Er January 2017.

RO-bi-CH-2

Subject: Return of fireworks.

Reference to Annex I, Section I. 1 of this Directive: points 2.1.2, 5.4.

Content of the Annex to the Directive: classification and documentation.

Content of national legislation: in order to facilitate the carriage return of fireworks of UN Nos. 0335, 0336 and 0337 from retail outlets to their suppliers, derogations are provided for The indication in the net mass transport document and the classification of the products.

Initial reference to national legislation: point 1.1.3.8 of Appendix 1 to the Ordinance on the Transport of Dangerous Goods by Road (SDR; RS 741.621).

Observations: the detailed verification for each package of the exact contents of the unsold of each type of heading is practically impossible to carry out by the shops intended for sale to private.

Expiration date: 1 Er January 2017.

RO-bi-CH-3

Subject: ADR training certificate for transfer races of broken vehicles, repairs related to repairs, races for the expertise of vehicle-vehicles/tanks and those carried out with tank-vehicles by charged experts Examination of the vehicle.

Reference to Annex I, Section I. 1 of this Directive: point 8.2.1.

Content of the Annex to the Directive: drivers must take training courses.

Content of national legislation: transfer races of vehicles in breakdown or test runs connected with a repair, those carried out with tank vehicles for the expertise of the vehicle or its tank and those carried out By experts in charge of the examination of tank-vehicles are authorised without an ADR course or training certificate.

Initial reference to national legislation: instructions of 30 September 2008 of the Federal Department of the Environment, Transport, Energy and Communication (DETEC) concerning the transport of dangerous goods by road.

Observations: In some cases, dangerous goods are still contained in vehicles that are down or in repair, as well as tank vehicles in preparation for the technical inspection or those inspected during the technical inspection.

The requirements under 1.3 and 8.2.3 shall remain applicable.

Expiration date: 1 Er January 2017.

2. Rail transport

Derogations for Switzerland based on Art. 6, para. 2 (a) of Directive 2008 /68/EC of 24 September 2008 on the inland transport of dangerous goods:

RA-a-CH-1

Subject: Transport of diesel fuel and heating oil of UN 1202 with site tank-containers.

Reference to Annex II, section II.1, of this Directive: point 6.8.

Content of the Annex to the Directive: requirements for the construction of tanks.

Content of national legislation: site tank-containers constructed not in accordance with the provisions of 6.8 but according to national legislation, of capacity less than or equal to 1 210 l and carrying heating oil or UN No. 1202 diesel fuel is permitted.

Initial reference to national legislation: annex to the Order of the DETEC of 3 December 1996 on the transport of dangerous goods by rail and by cable installation (RSD, RS 742.401.6 ) And Chapter 6.14 of Appendix 1 to the Ordinance on the Transport of Dangerous Goods by Road (RDS, RS 741.621 )

Expiration date: 1 Er January 2017.

RA-a-CH-2

Subject: transport document.

Reference to Annex II, section II.1, of this Directive: point 5.4.1.1.1.

Contents of the Annex to the Directive: general information to be included in the transport document.

Contents of national legislation: use of a collective term in the transport document and a list annexed to which are the particulars prescribed according to the reference above.

Initial reference to national legislation: annex to the Order of the DETEC of 3 December 1996 on the transport of dangerous goods by rail and by cable installation (RSD, RS 742.401.6 ).

Expiration date: 1 Er January 2017.

Directive 2010 /35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76 /767/EEC, 84 /525/EEC, 84 /526/EEC, 84 /527/EEC and 1999 /36/EC (OJ L 165, 30.6.2010, p. 1).

Section 4 Railway rights of access and transit

Council Directive 91 /440/EEC of 29 July 1991 on the development of Community railways (OJ L 237, 24.8.1991, p. 25).

Council Directive 95 /18/EC of 19 June 1995 on the licences of railway undertakings (OJ L 143, 27.6.1995, p. 70).

Council Directive 95 /19/EC of 19 June 1995 on the allocation of railway infrastructure capacity and the collection of charges for the use of infrastructure (OJ L 143, 27.6.1995, p. 75).

Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways and amending Council Directive 95 /18/EC on the licences of railway undertakings and the Directive 2001 /14/EC on the allocation of railway infrastructure capacity, rail infrastructure charging and safety certification (Railway Safety Directive) (OJ L 164, 30.4.2004, p. 44), as last amended by the Commission Directive 2014 /88/EU of 9 July 2014 (OJ L 201, 10.7.2014, p. 9).

Commission Regulation (EC) No 653/2007 of 13 June 2007 on the use of a common European format for security certificates and for application documents, in accordance with Art. 10 of Directive 2004 /49/EC of the European Parliament and of the Council, and on the validity of safety certificates issued pursuant to Directive 2001 /14/EC of the European Parliament and of the Council (OJ L 153, 14.6.2007, p. 9), as amended by Commission Regulation (EU) No 445/2011 of 10 May 2011 (OJ L 122, 11.5.2011, p. 22).

Commission Decision 2007 /756/EC of 9 November 2007 adopting a common specification of the national register of vehicles provided for in Art. 14, para. 4 and 5, Directives 96 /48/EC and 2001 /16/EC (OJ L 305, 23.11.2007, p. 30), as amended by Commission Decision 2011 /107/EU of 10 February 2011 (OJ L 43, 17.2.2011, p. 33).

Directive 2008 /57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (recast) (OJ L 191, 18.7.2008, p. 1), as last amended by Commission Directive 2014 /38/EU of 10 March 2014 (OJ L 70, 11.3.2014, p. 20).

Commission Regulation (EC) No 352/2009 of 24 April 2009 concerning the adoption of a common safety method relating to the assessment and assessment of the risks referred to in Art. 6, para. 3 (a) of Directive 2004 /49/EC of the European Parliament and of the Council (OJ L 108, 29.4.2009, p. 4).

Commission Decision 2010 /713/EU of 9 November 2010 on modules for conformity assessment procedures, employability and EC verification to be used in the framework of technical specifications Of interoperability adopted pursuant to Directive 2008 /57/EC of the European Parliament and of the Council (OJ L 319, 4.12.2010, p. 1).

Commission Regulation (EU) No 1158/2010 of 9 December 2010 on a common safety method for assessing conformity with the requirements for obtaining rail safety certificates (OJ L 326, 10.12.2010, p. 11).

Commission Regulation (EU) No 1169/2010 of 10 December 2010 on a common safety method for assessing conformity with the requirements for obtaining a rail safety authorisation (OJ L 327, 11.12.2010, p. 13).

Regulation (EU) No 201/2011 of 1 Er March 2011 on the model for declaration of conformity with an authorised type of railway vehicle (OJ L 57, 2.3.2011, p. 8).

Commission Decision 2011 /275/EU of 26 April 2011 on an interoperability technical specification for the infrastructure subsystem of the trans-European conventional rail system (OJ L 126, 14.5.2011, p. 53), as amended by Commission Decision 2012 /464/EU of 23 July 2012 (OJ L 217, 14.8.2012, p. 20).

Commission Regulation (EU) No 445/2011 of 10 May 2011 on a system for the certification of cargo car maintenance entities and amending Regulation (EC) No 653/2007 (OJ L 122, 11.5.2011, p. 22).

Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability of the Telematics Applications for Travellers subsystem of the trans-European rail system (OJ L 123, 12.5.2011, P. 11), as last amended by Commission Regulation (EU) 2015/302 of 25 February 2015 (OJ L 55, 26.2.2015, p. 2).

Commission Implementing Decision 2011 /633/EU of 15 September 2011 on the common specifications of the register of railway infrastructure (OJ L 256, 1.10.2011, p. 1).

Commission Implementing Decision 2011 /665/EU of 4 October 2011 on the European Register of authorised types of railway vehicles (OJ L 264, 8.10.2011, p. 32).

Commission Decision 2012/88/EU of 25 January 2012 on the technical specification for interoperability concerning the control-control and signalling subsystems of the trans-European rail system (OJ L 51, 23.2.2012, p. 1), as last amended by Commission Decision (EU) 2015/14 of 5 January 2015 (OJ L 3, 7.1.2015, p. 44).

Commission Decision 2012/757/EU of 14 November 2012 on the technical specification for interoperability of the "Operation and traffic management" subsystem of the European Union rail system and amending the Decision 2007 /756/EC (OJ L 345, 15.12.2012, p. 1), as amended by Commission Decision 2013 /710/EU of 2 December 2013 (OJ L 323, 4.12.2013, p. 35).

Commission Regulation (EU) No 1077/2012 of 16 November 2012 on a common security method for the purposes of surveillance carried out by national security authorities after the issue of a safety certificate or Security (OJ L 320, 17.11.2012, p. 3).

Commission Regulation (EU) No 1078/2012 of 16 November 2012 on a common security method for the control of railway undertakings and infrastructure managers after obtaining a certificate of Security or safety accreditation, as well as maintenance entities (OJ L 320, 17.11.2012, p. 8).

Commission Regulation (EU) No 321/2013 of 13 March 2013 on the technical specification for interoperability of the railway rolling stock system of the rail system in the European Union and repealing the decision 2006 /861/EC (OJ L 104, 12.4.2013, p. 1), as amended by Commission Regulation (EU) No 1236/2013 (OJ L 322, 3.12.2013, p. 23).

Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to the accessibility of the Union's rail system for disabled persons and persons with reduced mobility (OJ 2014 L 356 of 12.12.2014, p. 110).

Commission Regulation (EU) No 1301/2014 of 18 November 2014 on the technical specifications for interoperability relating to the energy subsystem of the Union's rail system (OJ L 356, 12.12.2014, p. 179).

Commission Regulation (EU) No 1302/2014 of 18 November 2014 on an interoperability technical specification for the subsystem 'rolling stock'-'Locomotives and rolling stock for passenger transport ' of the system Railways in the European Union (OJ L 356, 12.12.2014, p. 228).

Commission Regulation (EU) No 1303/2014 of 18 November 2014 on the technical specification of interoperability relating to safety in railway tunnels in the European Union rail system (OJ L 356, 12.12.2014, p. 394).

Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for interoperability concerning the sub-system "Rolling stock-noise", amending Decision 2008 /232/EC and repealing Decision 2011 /229/EU (OJ L 356 of 12.12.2014, p. 421).

Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability of the "Telematics applications for freight" subsystem of the European Union rail system and repealing the Regulation (EC) No 62/2006 (OJ L 356, 12.12.2014, p. 438).

Section 5 Other areas

Council Directive 92/82/EEC of 19 October 1992 on the approximation of the rates of excise duty on mineral oils (OJ L 316, 31.10.1992, p. 19).

Directive 2004 /54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network (OJ L 167, 30.4.2004, p. 39).

Directive 2008 /96/EC of the European Parliament and of the Council of 19 November 2008 on the management of road infrastructure safety (OJ L 319, 29.11.2008, p. 59).


1 New content according to Art. 1 ch. 1 of D n O 1/2015 of the Committee on Land Transport Community/Switzerland of Dec. 2015, in force for Switzerland since 1 Er Jan 2016 ( RO 2016 433 ).


State 1 Er January 2016

Annex 2

Terms and Conditions for the Application of Royalties Under Art. 8

The Swiss charge for vehicles with a total effective weight of more than 28 t and having the authorisation referred to in Art. 8, para. 2, maximum to:

-
CHF 180 for a journey in transit through the territory of Switzerland;
-
CHF 70 for a two-way return trip from or to the territory of Switzerland.

2. The maximum Swiss fee for vehicles with the authorization referred to in Art. 8, para. 3, whose total effective weight in charge exceeds 34 t but does not exceed 40 t, and which travels a journey of 300 km through the Alpine chain, will rise to CHF 252 for a vehicle that does not meet the EURO, 211 CHF for a vehicle According to the EURO I standard and CHF 178 for a vehicle complying with at least the EURO II standard. The fee shall be applied in accordance with the rules laid down in Art. 40.

The maximum Swiss charge for vehicles with the authorization referred to in Art. 8, para. 4, and whose total effective weight in charge exceeds 34 t but does not exceed 40 t, and which travels a journey of 300 km through the Alpine chain, will rise to CHF 300 for a vehicle that does not meet the EURO standards, CHF 240 for a vehicle According to the EURO I and 210 CHF standard for a vehicle complying with at least the EURO II standard. The fee shall be applied in accordance with the rules laid down in Art. 40.


State 1 Er January 2016

Annex 3 1

European Community

(a)

(Plain blue cellulosic paper Pantone 290, or as close as possible to this colour, in DIN A4 format, 100 g/m 2 Or more)

(First page of licence)

(Text in the, the or one of the official languages of the Member State issuing the licence)

Distinguished sign of the Member State 2 Who issues the license

Name of the competent authority or body


1 New content according to Art. 1 ch. 2 of D n O 1/2015 of the Committee on Land Transport Community/Switzerland of Dec. 2015, in force for Switzerland since 1 Er Jan 2016 ( RO 2016 433 ).
2 The distinguishing signs of the Member States are: (B) Belgium, (BG) Bulgaria, (CZ) Czech Republic, (DK) Denmark, (D) Germany, (EST) Estonia, (IRL) Ireland, (GR) Greece, (E) Spain, (F) France, (HR) Croatia, (I) Italy, (CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg, (H) Hungary, (MT) Malta, (NL) Netherlands, (A) Austria, (PL) Poland, (P) Portugal, (RO) Romania, (SLO) Slovenia, (SK) Slovakia, (FIN) Finland, (S) Sweden, UK.


State 1 Er January 2016

Licence No. ... or certified copy No. ...

General provisions

This licence is issued pursuant to Regulation (EC) No 1072/2009.

It shall authorise its holder to carry out, on all traffic relations, for journeys within the territory of the Community and, where appropriate, under the conditions laid down by it, international carriage of goods by road for Account of others:

-
Whose starting point and point of arrival are in two different Member States, with or without transit by one or more Member States or third countries,
-
Departure from a Member State and to a third country and vice versa, with or without transit by one or more Member States or third countries,
-
Between third countries which transit through the territory of one or more Member States,

And the unladen journeys in relation to these transports.

In the case of transport from a Member State to a third country and vice versa, this licence shall be valid for the journey carried out within the territory of the Community. It shall only be valid in the Member State of loading or unloading after the conclusion of the necessary agreement between the Community and the third country in question in accordance with Regulation (EC) No 1072/2009.

It is personal and cannot be transferred to a third party.

It may be withdrawn by the competent authority of the Member State which issued it when the holder has in particular:

-
Failed to comply with all conditions under which the use of the licence was submitted,
-
Provided inaccurate information about the data that was required for the issuance or renewal of the licence.

The original of the licence shall be retained by the transport undertaking.

A certified copy of the licence shall be kept on board the vehicle 6 ( 4 ). It shall, in the case of a combination of coupled vehicles, accompany the motor vehicle. It shall cover all coupled vehicles even if the trailer or semi-trailer is not registered or admitted to traffic on behalf of the holder of the licence or is registered or admitted to traffic in another State.

The licence must be submitted on the requisition of the screening officers.

The holder is required to respect in the territory of each Member State the laws, regulations and administrative provisions in force in that State, in particular in respect of transport and traffic.

Annex 4 1

Transport and unladen journeys made in connection with such transport, which are released from any licensing scheme and from any transport authorisation

1. Postal transport which is carried out within the framework of a universal service scheme.

2. The transport of damaged or broken vehicles.

3. The carriage of goods by motor vehicle whose permissible laden mass, including that of trailers, shall not exceed 3.5 tonnes.

4. The carriage of goods by motor vehicle to the extent that the following conditions are met:

(a)
The goods transported belong to the enterprise or have been sold, purchased, data or taken in rental, produced, extracted, processed or repaired by it;
(b)
Transport is used to bring the goods to the enterprise, to ship them from that undertaking, to move them either within the enterprise or to its own needs outside the enterprise;
(c)
The motor vehicles used for this transport are driven by the staff employed by the undertaking or made available to it in accordance with a contractual obligation;
(d)
Vehicles carrying the goods belong to the undertaking or have been purchased by it on credit or have been leased provided that, in the latter case, they fulfil the conditions laid down in Directive 2006 /1/EC 2 .
This provision shall not apply in the case of the use of an alternative vehicle during a short outage of the vehicle normally used;
(e)
The transport must constitute only incidental activity in the framework of all the activities of the undertaking.

5. The transport of medicines, medical equipment and equipment and other necessary articles in the event of emergency relief, in particular in the event of natural disasters.


1 New content according to Art. 1 ch. 3 of D n O 1/2015 of the Committee on Land Transport Community/Switzerland of Dec. 2015, in force for Switzerland since 1 Er Jan 2016 ( RO 2016 433 ).
2 Directive 2006 /1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles leased without drivers in the carriage of goods by road (codified version) (OJ L 33, 4.2.2006, p. 82).


State 1 Er January 2016

Annex 5

Inventory of the provisions contained in the bilateral road agreements concluded by Switzerland with the various Member States of the Community relating to the transport of goods in triangular traffic

Country

Signed Agreement on

Entry into force on

Conditions

Germany

17.12.1953 1

1.2.1954

Art. 7 According to national law: triangular traffic itself authorized; prohibited triangular traffic.

Austria

22.10.1958 2

4.4.1959

Art. 8 Contractors entitled to transport goods shall be permitted to transport, by means of vehicles registered in one of the Contracting States:

A.
Goods to or from one of the states.

Triangular traffic itself authorized; prohibited triangular traffic prohibited.

Belgium

25.2.1975 3

24.7.1975

Art. 4, c. 1, let. B Triangular traffic itself authorized; prohibited triangular traffic prohibited.

Denmark

27.8.1981 4

25.3.1982

Art. 4, c. 2 Transport from a third country to the other Contracting Party or from the other Contracting Party to a third country shall be subject to authorisation on a case by case basis by the other Contracting Party.

Spain

23.1.1963 5

21.8.1963

Protocol of 29 October 1971 Triangular transport itself allowed; improper triangular transport prohibited.

Finland

16.1.1980 6

28.5.1981

Art. 6, c. 2, and Minutes At the meeting of the Swiss-Finnish Joint Commission of 23 and 24 May 1989 ad point 2.2: triangular trafficking itself and improperly admitted with permission.

France

20.11.1951 7

1.4.1952

According to national law.

Swiss Carriers: Triangular transport itself and not strictly prohibited in France.

French carriers: Cleanly and unproperly authorized triangular transports in Switzerland.

Greece

8.8.1970 8

6.9.1971

Art. 3 and Minutes From the meeting of the Swiss-Greek Joint Commission, which met from 11 to 13 December 1972 = triangular transport itself and improperly admitted (special quota authorisations).

Italy

--

--

Minutes of the meeting of the Suisse-Italy Joint Commission of 14 June 1993

Swiss Carriers: Quota authorizations for the triangular traffic itself. Improper triangular traffic is prohibited.

Italian carriers: Triangular transport itself allowed without authorization. TRQ Authorizations for Improper Triangular Traffic.

Ireland

--

--

According to national law.

Swiss Carriers: Triangular transport cleanly and unofficially prohibited unless authorised by the Irish authorities.

Irish carriers: Transport triangular properly and improperly admitted in traffic with Switzerland.

Luxembourg

17.5.1972 9

1.6.1972

The agreement applies only to passenger transport. No agreement has been reached on the carriage of goods. Triangular transport allowed under national law. (Application of the principle of reciprocity). Strictly stated and imperfect triangular transports.

Netherlands

20.5.1952 10

15.6.1952

The agreement applies only to passenger transport. No agreement has been reached on the carriage of goods. Triangular transport allowed under national law. (Application of the principle of reciprocity). Strictly stated and imperfect triangular transports.

Portugal

28.6.1973 11

1.1.1974

Transport triangular itself and improperly liberalised in accordance with the decision taken by the meeting of the Swiss-Portuguese Joint Commission of 6 June 1996.

United Kingdom

20.12.1974 12

21.11.1975

Art. 3, let. B Triangular transport proper. Improper triangular transport prohibited.

Sweden

12.12.1973 13

22.4.1974

Art. 4, c. 1 and 2 Triangular transports allowed with special quota authorization.

Triangular traffic proper = when the vehicle transits, according to the normal route, the country in which it is registered. P. ex. Swiss vehicle travelling from Germany to Italy in transit through Switzerland.

Improper triangular traffic = when the vehicle does not pass the country in which it is registered. P. ex. A Swiss vehicle travelling from Germany to Italy in transit through Austria.



State 1 Er January 2016

Annex 6

Exemptions to the weight limit and the ban on the movement of night and Sunday

I. Exemption from the weight limit for the period ending December 31, 2004

For races from abroad to the Swiss area near the border 1 (and vice versa), exceptions are permitted, without a fee, for any goods up to a total weight of 40 tonnes and for the transport of 40-foot ISO containers in combined traffic, up to a maximum of 44 t. For reasons of road construction, some Customs offices apply lower weights.

II. Other exemptions to the weight limit

For races from abroad to a place beyond the Swiss zone near the border 2 (and vice versa) and for transit through Switzerland, a total effective weight in excess of the maximum authorised weight in Switzerland may also be authorised, for transport not covered by art. 8:

(a)
For the carriage of indivisible goods where, despite the use of an appropriate vehicle, the requirements cannot be complied with;
(b)
For the transfer or use of special vehicles, in particular work vehicles which, because of the use to which they are intended, cannot be adapted to the weight requirements;
(c)
For the carriage of damaged or damaged vehicles, in the event of an emergency;
(d)
For the transport of products intended for the refuelling of aircraft ( Catering );
(e)
For the initial and terminal road journeys of a combined transport, generally within a radius of 30 km from the terminal.

III. Prohibition of the prohibition of the movement of night and Sunday

The following exceptions to the prohibition on Sunday and night travel are provided for:

(a)
Without special permission:
-
Racing to provide first aid in the event of a disaster,
-
Racing to provide first aid in the event of an operating accident, in particular in public transport undertakings and in air traffic;
(b)
With special permission:
For the carriage of goods which, by their very nature, justify night races and, for reasons founded, on Sunday:
-
Perishable agricultural products (e.g. berries, fruits or vegetables, plants (cut flowers) or freshly pressed fruit juices) throughout the calendar year,
-
Slaughter hogs and slaughter poultry,
-
Fresh milk and perishable dairy products,
-
Circus equipment, orchestral musical instruments, theatre sets, etc.,
-
Daily newspapers including editorial and mailings as part of the legal mandate for benefits.

In order to facilitate authorisation procedures, authorisations valid up to 12 months for any number of races may be issued provided that all races are of the same nature.


1 The area near the border is defined in Annex 4 to the 5 E Joint Committee meeting established under the 1992 Agreement, held in Brussels on 2 April 1998. Generally, this is an area with a radius of 10 km measured from the customs office.
2 The area near the border is defined in Annex 4 to the 5 E Joint Committee meeting established under the 1992 Agreement, held in Brussels on 2 April 1998. Generally, this is an area with a radius of 10 km measured from the customs office.


State 1 Er January 2016

Annex 7 1

International Carriage of Passengers by Bus and Bus

Art. 1 Definitions

For the purposes of this Agreement, the following definitions shall apply:

1.
Regular services
1.1.
Regular services are the services which provide for the carriage of passengers according to a frequency and a specified relationship, passengers who can be taken care of and deposited at predetermined stops. Regular services are available to everyone, notwithstanding, if necessary, the obligation to reserve.
The regular nature of the service is not affected by an adaptation of the operating conditions of the service.
1.2.
Regardless of the organiser of the transport, they shall also be considered as regular services those who transport defined categories of passengers, excluding other passengers, to the extent that such services are carried out in accordance with the Conditions specified in 1.1. Such services are referred to as "special regular services".
Specialized regular services include:
(a)
Workers' home-work transport;
(b)
The 'home-establishment' transport of school education and students.
The regular nature of specialised services is not affected by the fact that the organisation of transport is adapted to the varying needs of users.
1.3.
The organisation of parallel or temporary services, with the same clientele as existing regular services, the non-service of certain stops or the provision of additional stops by existing regular services are subject to the same Rules.
2.
Occasional services
2.1.
Occasional services are services which do not meet the definition of regular services, including regular services, and which are, in particular, characterised by the fact that they carry groups set up on the initiative An order donor or the carrier itself.
The organisation of parallel or temporary services comparable to existing regular services and the same clientele as the latter shall be subject to authorisation in accordance with the procedure laid down in Section I.
2.2.
The services referred to in point 2 shall not lose the character of occasional services by the fact that they are carried out with a certain frequency.
2.3.
Occasional services may be operated by a group of carriers acting on behalf of the same payer.
The names of these carriers and, where appropriate, the connecting points along the way shall be communicated to the competent authorities of the Member States of the European Union concerned and of Switzerland, in accordance with the arrangements to be determined by the Joint Committee.
3.
Clean Account Transport
Own-account transport is transport, for non-profit and non-commercial purposes, by a natural or legal person, where:
-
The transport activity constitutes only an ancillary activity for that natural or legal person;
-
The vehicles used are the property of that natural or legal person, or have been purchased by temperament by it, or have been the subject of a long-term rental contract, and are driven by a member of the staff of that natural person or Or by the natural person itself, or by staff employed by or made available to the company by virtue of a contractual obligation.

Section I Regular services subject to authorisation

Art. 2 Nature of Authorization

Authorisation shall be established in the name of the carrier; it shall not be transferred by the carrier to third parties. However, the carrier that has received the authorization may, with the consent of the authority referred to in s. 3, para. 1 of this Annex, to have the service carried out by a subcontractor. In this case, the authorization refers to the latter's name and its role as a subcontractor. The subcontractor must meet the conditions set out in s. 17 of the agreement.

In the case of an association of undertakings for the operation of a regular service, the authorisation shall be established on behalf of all undertakings. It is issued to the managing company, with a copy to other companies. The authorization refers to the names of all operators.

2. The maximum period of validity of the authorisation shall be five years.

3. The authority determines:

(a)
Type of service;
(b)
The route of the service, including departure and arrival points;
(c)
The duration of validity of the authorization;
(d)
Judgments and schedules.

4. The authorisation must conform to the model laid down by Regulation (EU) No 361/2014 1 .

5. The authorisation shall entitle the holder (s) to perform the regular service in the territory of the Contracting Parties.

6. The operator of a regular service may use extra vehicles to deal with temporary and exceptional situations.

In this case, the carrier must ensure that the following documents are on board the vehicle:

-
A copy of the regular service authorization;
-
A copy of the contract between the operator of the regular service and the undertaking which provides back-up vehicles or an equivalent document;
-
A certified copy of the Community licence for European Union carriers or a similar Swiss licence for the Swiss carriers issued to the operator providing the additional vehicles for the service.

1 Commission Regulation (EU) No 361/2014 of 9 April 2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council with regard to documents relating to international passenger transport By coach and bus, and repealing Commission Regulation (EC) No 2121/98 (OJ L 107, 10.4.2014, p. 39).

Art. 3 Introduction of authorization requests

1. The introduction of applications for authorisation by operators of the European Union shall be made in accordance with the provisions of Art. 7 of Regulation (EC) No 1073/2009 1 And the introduction of applications for authorisation by Swiss operators is made in accordance with the provisions of Chapter 3 of the Ordinance of 4 November 2009 on the carriage of passengers (OTV) 2 . For services exempted from authorisation in Switzerland but subject to authorisation in the European Union, the application for authorisation by the Swiss operators will be made to the Swiss competent authorities if the point of departure Of these services is in Switzerland.

2. Applications must conform to the model established by Regulation (EU) No 361/2014.

3. The applicant shall provide, in support of his application for authorisation, any additional information which he considers useful or requested by the issuing authority, in particular a scheme of conduct to monitor compliance with the Regulations relating to driving and rest periods and a copy of the Community licence for the international carriage of passengers by road on behalf of others for European Union carriers or a similar licence Swiss for Swiss carriers issued to the operator of the regular service.


1 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 laying down common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006 (OJ 2009 L 300 of 14.11.2009, p. 88), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1).
2 RS 745.11

Art. 4 Authorization procedure

(1) The authorisation shall be issued in accordance with the competent authorities of the Contracting Parties in whose territory travellers are taken care of or deposited. The issuing authority shall provide the latter-as well as to the competent authorities of the Member States of the European Union whose territory is crossed without care or removal of travellers-at the same time as its assessment, a copy of the Request and any other useful documents.

2. The competent authorities of Switzerland and the Member States of the European Union whose agreement has been requested make their decision known to the issuing authority within two months. This period shall be calculated from the date of receipt of the request for agreement which appears in the acknowledgement of receipt. If the issuing authority has not received a reply within that period, the authorities consulted shall be deemed to have given their consent and the issuing authority shall grant the authorisation. If the decision received from the competent authorities of the Contracting Parties whose agreement has been requested is negative, the decision shall be duly substantiated.

3. Subject to s. 7 and 8, the issuing authority shall take a decision within four months of the date of introduction of the application by the carrier.

4. Authorization shall be granted unless:

(a)
The applicant is not able to perform the service that is the subject of the application with material that is directly available to the applicant;
(b)
The applicant has not, in the past, complied with national or international regulations on road transport, in particular the conditions and requirements relating to authorisations for international transport services of Travellers, or have committed serious infringements of road transport regulations, in particular with regard to vehicle standards and drivers' driving and rest times;
(c)
In the case of an application for renewal of an authorization, the conditions of the authorization have not been met;
(d)
The competent authority of a Contracting Party shall, on the basis of a detailed analysis, decide that the service concerned would seriously affect the viability of a comparable service covered by one or more contracts on the direct reaches concerned Public service in accordance with the law of the Contracting Party. In this case, the competent authority shall establish non-discriminatory criteria for determining whether the service which is the subject of the request would seriously affect the viability of the comparable service referred to above and communicate it to the Joint Committee at the Request of the person;
(e)
The competent authority of a Contracting Party shall, on the basis of a detailed analysis, decide that the main purpose of the service is not to transport passengers between stops in the Contracting Parties.
In the event that an existing international coach and bus service seriously affects the viability of a comparable service covered by one or more public service contracts in accordance with the law of the Party, on the direct segments concerned The competent authority of a Contracting Party may, with the agreement of the Joint Committee, suspend or withdraw the authorization to operate the International bus and coach service after giving six months' notice To the carrier.
The fact that a carrier offers fares lower than those offered by other motor carriers, or that the link in question is already operated by other motor carriers, cannot in itself constitute a justification for refusing the Request.

5. The issuing authority may reject applications only for reasons consistent with this Agreement.

6. If the procedure for the formation of the agreement referred to in paragraph 1. 1 is unsuccessful, the Joint Committee may be seized.

7. The Joint Committee shall, as soon as possible, take a decision which shall take effect within 30 days of notification to Switzerland and to the Member States of the European Union concerned.

8. Upon completion of the procedure provided for in this Article, the issuing authority shall inform all the authorities referred to in paragraph 1. 1 and send them, if any, a copy of the authorization.

Art. 5 Issuance and Renewal of Authorization

1. At the end of the procedure referred to in Art. 4 of this Annex, the issuing authority shall grant the authorisation or formally reject the application.

2. The rejection of an application must be justified. Contracting Parties shall ensure that carriers have the option of asserting their interests in the event of rejection of their application.

3. Art. 4 of this Annex shall apply, Mutatis mutandis , requests for renewal of an authorisation or amendment of the conditions under which the services subject to authorisation must be carried out.

In the case of a lesser modification of the operating conditions, in particular an adaptation of the frequencies, rates and schedules, it is sufficient for the issuing authority to communicate the information relating to the amendment to the Competent authorities of the other Contracting Party.

Art. 6 Approval Caducity

The procedure to be followed in respect of the caducity of the authorisation shall be in accordance with the provisions of Art. 10 of Regulation (EC) No 1073/2009 and Art. 46 of the OTV.

Art. 7 Obligations of carriers

1. Except in cases of force majeure, the operator of a scheduled service shall, until the expiry of the authorisation, take all measures to guarantee a transport service which meets the standards of continuity, regularity and capacity As well as other conditions laid down by the competent authority in accordance with Art. 2, para. 3 of this annex.

2. The carrier is obliged to publish the itinerary of the service, the stops, the schedules, the rates and the other operating conditions, so that this information is easily accessible to all users.

3. Switzerland and the Member States of the European Union concerned shall have the right, by mutual agreement and in agreement with the holder of the authorisation, to make changes to the conditions of operation of a scheduled service.

Section II: Occasional services and other services exempted from authorisation

Art. 8 Control Document

1. Services referred to in s. 18, para. 1, of the agreement are executed under the cover of a control document (road map).

2. Carriers performing occasional services must complete the road map prior to each trip.

3. Road map books shall be issued by the competent authorities of Switzerland and the Member State of the European Union in which the carrier is established or by bodies designated by them.

4. The model of the control document and the modalities of its use are determined by Regulation (EU) No 361/2014.

5. For services referred to in s. 18, para. 2, of the agreement the contract or a certified copy of the contract shall take place as a control document.

Art. Certification

The certificate provided for in s. 18, para. 6 of the agreement shall be issued by the competent authority of Switzerland or of the Member State of the European Union where the vehicle is registered.

It is in line with the model laid down in Regulation (EU) No 361/2014.

Section III: Controls and sanctions

Art. 10 Transport titles

1. Carriers operating a scheduled service, excluding special scheduled services, shall issue a transport, individual or collective title, indicating:

-
Points of departure and arrival and, where appropriate, return;
-
The duration of validity of the transport title;
-
The freight rate.

2. The title of carriage provided for in subs. 1 must be submitted at the request of the screening officers.

Art. 11 On-road and enterprise controls

1. In the case of carriage on behalf of another person shall be on board the vehicle and shall be presented at the request of the officers responsible for the control, the certified copy of the Community licence for the carriers of the European Union Or the Swiss equivalent licence for Swiss carriers, as well as, depending on the nature of the service, the authorization (or a certified copy thereof) or the road map.

In the case of clean-account transport, the certificate (or a certified copy thereof) shall be on board the vehicle and shall be presented at the request of the officers responsible for the control.

2. Carriers operating coaches and buses assigned to international passenger transport shall authorise all checks to ensure that operations are carried out correctly, in particular with regard to driving times And rest.

Art. 12 Mutual assistance and sanctions

The competent authorities of the Contracting Parties shall assist each other to ensure the application and control of the provisions laid down in this Annex. They shall exchange information through the national contact points set up in accordance with Art. 18 of Regulation (EC) No 1071/2009 1 .

2. The competent authorities of the Contracting Party of establishment of the carrier shall withdraw the Community licence for the carriers of the European Union or the Swiss equivalent licence for Swiss carriers where the holder:

(a)
No longer meets the conditions set out in s. 17, para. 1, of the agreement; or
(b)
Provided inaccurate information about data that was necessary for the issuance of the Community licence for European Union carriers or the Swiss-like license for Swiss carriers.

The issuing authority shall withdraw the authorisation where the holder no longer fulfils the conditions which have determined the grant of such authorisation under this Agreement, and in particular where the competent authorities of the Contracting Party Where the carrier is in fact established the application. It shall immediately notify the competent authorities of the other Contracting Party.

4. In the event of a serious infringement of the regulations relating to transport and road safety, in particular as regards the standards applicable to vehicles, driving and rest periods for drivers and execution without any Authorization of parallel or temporary services referred to in s. 1, point 2.1, the competent authorities of the Contracting Party of establishment of the carrier which has committed the infringement may, inter alia, withdraw the Community licence for the carriers of the European Union or of the licence Swiss equivalent for Swiss carriers or for temporary and/or partial withdrawal of copies of the Community licence for European Union carriers or of the Swiss equivalent licence for Swiss carriers.

These penalties shall be determined on the basis of the gravity of the infringement committed by the holder of the Community licence for European Union carriers or the Swiss equivalent licence for Swiss carriers and on the basis of the Total number of copies of the license it has for international traffic.

The competent authorities of the Contracting Party of establishment shall indicate to the competent authorities of the Contracting Party in whose territory the infringements occurred, as soon as possible and within six weeks at the latest. Of the final decision taken on the question, if the sanctions provided for above have been imposed. If such sanctions are not imposed, the competent authorities of the Contracting Party of establishment shall indicate the reasons for such sanctions.

Where the competent authorities of a Contracting Party are aware of a serious infringement of this Annex or of the legislation in the field of road transport attributable to a non-resident carrier, the Contracting Party shall The territory in which the infringement has been discovered transmits to the competent authorities of the Contracting Party of establishment of the carrier, as soon as possible and not later than six weeks from their final decision, the The following information:

(a)
A description of the offence and the date and time it was committed;
(b)
The class, type and severity of the offence; and
(c)
The sanctions imposed and the sanctions executed.

The competent authorities of the host Contracting Party may request the competent authorities of the Contracting Party of establishment to impose administrative sanctions in accordance with s. 4.

The Contracting Parties shall ensure that carriers have a right of appeal against any administrative sanctions to which they are subject under this Article.


1 Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 laying down common rules on the conditions to be complied with in order to exercise the occupation of road transport operator and repealing Council Directive 96 /26/EC (OJ 2009 L 300 of 14.11.2009, p. 51), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1).

Art. 13 Enrolment in national electronic registers

Contracting Parties shall ensure that serious infringements of legislation in the field of road transport which are attributable to carriers established in their territory and which have given rise to the application of a sanction by the The competent authorities of a Member State of the European Union or of Switzerland, as well as the temporary or definitive withdrawals of the Community licence for the carriers of the European Union or of the Swiss equivalent licence for the Swiss carriers or the true copy of the Community licence or similar Swiss licence Be recorded in the national electronic register of road transport undertakings. Entries in the Register relating to the temporary or permanent withdrawal of a Community licence for European Union carriers or a similar Swiss licence for Swiss carriers shall be kept in the database. Data for at least two years from the date of expiry of the withdrawal in the case of a temporary withdrawal, or from the date of withdrawal in the case of final withdrawal.



1 New content according to Art. 1 ch. 4 of D n O 1/2015 of the Committee on Land Transport Community/Switzerland of Dec. 2015, in force for Switzerland since 1 Er Jan 2016 ( RO 2016 433 ).

Annex 8

Inventory of the provisions contained in the bilateral road agreements concluded by Switzerland with the various Member States of the Community concerning the granting of authorisations for the carriage of passengers in triangular traffic

Country

Signed Agreement on

Entry into force on

Conditions

Germany

17.12.1953 1

1.2.1954

Art. 4 and 5

-
Under national law
-
Respect for reciprocity

Austria

22.10.1958 2

4.4.1959

Art. 6

-
Under national law
-
Respect for reciprocity

Belgium

25.2.1975 3

24.7.1975

Art. 3

-
Under national law

Denmark

27.8.1981 4

25.3.1982

Art. 3 and 5

-
Under national law

Spain

23.1.1963 5

21.8.1963

Art. 2 and 3

-
Express authorization of the other Contracting Party
-
By mutual agreement (reciprocity)

Finland

16.1.1980 6

28.5.1981

Art. 3

-
Under national law

France

20.11.1951 7

1.4.1952

Chap. II

-
By mutual agreement
-
Respect for reciprocity

Greece

8.8.1970 8

6.9.1971

Art. 2

-
By mutual agreement (reciprocity)

Italy

-

-

According to national law (no bilateral agreement)

Ireland

-

-

According to national law (no bilateral agreement)

Luxembourg

17.5.1972 9

1.6.1972

Art. 3

-
Under national law

Netherlands

20.5.1952 10

15.6.1952

Par. 2, c. 2

-
Under national law

Portugal

28.6.1973 11

1.1.1974

Protocol to the Agreement, c. 5 and 6

-
Reciprocal agreement
-
Reciprocity

United Kingdom

20.12.1974 12

21.11.1975

According to national law (the agreement relates only to the transport of goods)

Sweden

12.12.1973 13

22.4.1974

Art. 3

-
Under national law


State 1 Er January 2016

Annex 9

Annex on the quality of rail and combined transport services

In the event that Switzerland wishes to use the safeguard measures provided for in Art. 46 of the agreement, the following conditions must be met:

1. The average price of rail or combined transport across Switzerland is not higher than the cost of a 40 t LDC vehicle on a 300 km ride through the Alpine chain. In particular, the average price applied for accompanied combined transport ("rolling road") is not higher than the road costs (road charges and variable costs).

Switzerland has taken measures to strengthen the competitiveness of combined transport and rail freight transport through Switzerland.

3. The parameters used to assess the competitiveness of rail freight and combined transport include at least:

-
The appropriateness of schedules and speed with the needs of users;
-
The level of responsibility and assurance provided on the service;
-
Satisfaction of service quality commitments and compensation for users in case of non-compliance with these commitments by Swiss operators;
-
Booking conditions.

State 1 Er January 2016

Annex 10

Terms and Conditions for the Application of Royalties Under Art. 40

Subject to the provisions of subs. 3 B And 5 of the art. 40, the royalties under s. 40 are applied in the following manner:

(a)
They are, for transport using a route in Switzerland whose distance is less than or greater than 300 km, modified in proportion to take account of the distance ratio actually travelled in Switzerland.
(b)
They are proportional to the weight class of the vehicle.

State 1 Er January 2016

Final Act

Plenipotentiaries of the Swiss Confederation

And

Of the European Community ,

Meeting on 20 and 1 June of the year thousand nine hundred and ninety nine in Luxembourg for the signature of the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and by road The joint declarations mentioned below and appended to this Final Act:

Joint Declaration on Art. 38, para. 6,

Joint statement on further additional negotiations,

They also took note of the following declarations annexed to this Final Act:

Declaration on the participation of Switzerland in the Committees,

Declaration by Switzerland on the use of quotas (40 t),

Declaration of the European Community on the use of quotas (40 tonnes),

Swiss Declaration on Art. 40, para. 4,

Declaration by Switzerland on the facilitation of customs procedures (art. 43, para. 1).

Done at Luxembourg, the twenty-one June of the year thousand nine hundred and ninety-nine.

For the Swiss Confederation:

For the European Community:

Pascal Couchepin

Joseph Deiss

Joschka Fischer

Hans van den Broek


Joint Declaration on Art. 38, para. 6

The Contracting Parties declare that the provisions of Art. 38, para. 6, do not prejudice the application, within the framework of the Swiss Federal System, of instruments falling within the scope of federal financial equalization.

Joint statement on further additional negotiations

The European Community and the Swiss Confederation declare their intention to enter into negotiations with a view to concluding agreements in areas of common interest such as the updating of Protocol 2 7 Of the 1972 Free Trade Agreement, Swiss participation in certain Community programmes for training, youth, the media, statistics and the environment. These negotiations should be prepared shortly after the conclusion of the current bilateral negotiations.

Declaration on the participation of Switzerland in committees

The Council agreed that the representatives of Switzerland should participate as observers and for the meetings of the following committees and expert groups:

-
Research Program Committees; including Scientific and Technical Research Committee (CREST)
-
Administrative Commission for the Social Security of Migrant Workers
-
Coordination Group on the Mutual Recognition of Higher Education Diplomas
-
Advisory committees on air routes and the application of competition rules in the field of air transport.

These committees meet without the presence of the representatives of Switzerland in the votes.

With regard to the other committees dealing with the areas covered by these agreements and for which Switzerland has adopted the acquis communautaire, or applying it by equivalence, the Commission will consult the experts of Switzerland according to the Art form. 100 % of the EEA Agreement 8 .

Declaration by Switzerland on the use of quotas (40 t)

Switzerland declares that no more than 50 per cent of the quotas provided for in art. 8 of the agreement for Swiss vehicles with a total effective weight in charge of not more than 40 tonnes shall be used to transport import, export and transit transport.

EC declaration on the use of quotas (40 tonnes)

The Community states that, according to current figures, it estimates that about 50 % of the quotas referred to in Art. 8 will be used for bilateral transport operations.

Swiss Declaration on Art. 40, para. 4

With respect to the application of the royalties referred to in s. 40, para. 4, of the agreement, Switzerland declares that it will set the royalties valid until the opening of the first basic tunnel or up to 1 Er January 2008 at the latest, at a level below the maximum amount permitted by this provision. On the basis of this timetable, Switzerland intends to set the amount in 2005, 2006 and 2007 to CHF 292.50 on average and to a maximum of CHF 350.

Declaration by Switzerland on the facilitation of customs procedures (art. 43, para. 1)

In order to facilitate customs clearance at the border crossing points between the European Union and Switzerland, Switzerland undertakes to adopt the following measures, which will be fixed as a matter of priority during 1999 by the Joint Committee Established pursuant to the 1992 Agreement:

-
Ensure, in cooperation with the customs offices of the border countries, that the opening hours of these ports at the main border crossing points are sufficiently long to allow heavy goods vehicles to begin their journey to Switzerland as soon as the ban on the movement of the night is lifted or to continue their journey until such time as the ban enters into force. Where applicable, a surcharge corresponding to the additional cost may be levied for that purpose. However, this supplement should not exceed 8 CHF;
-
Ensure, by 1 Er January 2000, and subsequently, in cooperation with the customs authorities of the border countries, maintain a clearance time for the 30-minute heavy goods vehicles at each crossing between Switzerland and the Union (measured from entry to First customs entry until the exit of the second).

RO 2002 1649 ; FF 1999 5440


1 Currently European Union
2 Art. 1 al. 1 let. F of the AF of 8 Oct. 1999 ( RO 2002 1527 ).
3 [RO 1993 1198]
4 Name or name and full address of the carrier.
5 Signature and stamp of the competent authority or body issuing the licence.
6 "Vehicle" means a motor vehicle registered in a Member State or a set of coupled vehicles of which at least the motor vehicle is registered in a Member State, intended exclusively for the transport of goods.
7 RS 0.632.401.2
8 FF 1992 IV 655


State 1 Er January 2016