Sr 0.512.134.91 27 October 2003 Agreement Between The Swiss Federal Council And The Government Of The French Republic On The Common Activities Of Education And Training Of The French Armed Forces And The Swiss Army

Original Language Title: RS 0.512.134.91 Accord du 27 octobre 2003 entre le Conseil fédéral suisse et le Gouvernement de la République française relatif aux activités communes d’instruction et d’entraînement des armées françaises et de l’Armée suisse

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0.512.134.91 original Swiss agreement between the federal Council and the Government of the French Republic relating to the common education and training activities of the French armies and Swiss Army concluded on 27 October 2003, entered into force on 27 October 2003 (State on May 25, 2004) the Swiss federal Council and the Government of the French Republic, below referred to as "Parties". , considering:-the Convention of 19 June 1995 between the States parties of the North Atlantic Treaty and the other States participating in the partnership for peace status of forces (SOFA of the PpP) allowing the application of the Convention of 19 June 1951 between the States parties to the the North Atlantic Treaty on the status of their forces (NATO SOFA) as well as the additional protocol of 19 June 1995 to the Convention between the States parties to the Treaty North Atlantic and other participants in the partnership for peace on the status of their forces, - the Convention on the protection/preservation of secrecy of defence/national defence national military between the French Republic and the Swiss Confederation, signed on 22/23 March 1972, - the agreement between the Government of the French Republic and the Swiss federal Council on mutual assistance in case of natural disaster or accident serious signed on 14 January 1987,-the agreement between the Government of the French Republic and the Swiss federal Council on bilateral activities of training and exchanges between the air force and the Swiss air force, signed on 14 May 1997, applicable in their latest version in force wishing to:-increase their bilateral relations in the field of education and military training, have agreed to the following : Art. 1 1.1 this agreement sets the framework within which the Parties can organize joint activities of education and training of the French armed forces and the Swiss Army on the territory of each of the two States, and the status of members of the forces and the civilian components.
1.2 these activities are intended: a) to strengthen their relations of friendship, sharing their experiences and their knowledge of defence; b) to use educational resources in an optimal way; c) to achieve an ability to cooperation, particularly in the areas of operations to support peace and of assistance in case of disaster or serious accident, d) to encourage the mutual information between the armies including through visits and exchanges; e) to facilitate the procedures for the preparation and execution of the instruction and training military.

Art. 2. in this agreement, the following definitions shall apply: 2.1 part of stay: means the Contracting Party on whose territory runs education and military training;
2.2 party of origin: means the contracting party who sends its staff to participate in education and military training on the territory of the party of residence.

Art. 3 3.1 for the purposes defined in art. 1, the Ministry of defence of the Government of the French Republic and the federal Department of defence, protection of the population and sports of the Swiss Confederation, agreed to organize joint activities, which will be the subject of technical arrangements.
3.2 for each activity it is particularly stated: a) the framework; b) themes and the goals; c) the mission of the participants; d) the period and the location of activity; e) the number and the quality of participants; f) material and equipment used; g) the authorities responsible for their organization and their direction; h) if necessary, details of joint activities including their specific administrative, financial, logistical, technical and security aspects.

Art. 4 4.1 the Parties take the necessary steps to facilitate the crossing of the border by members of the forces and the civilian components, vehicles, aircraft, boats, equipment, goods, weapons and ammunition to the preparation of the activity and its execution.
4.2. each party is responsible for applications for authorization of overflight and landing. The overflight and landing of military aircraft, subject to the authorizations granted in accordance with the rules in force on the territory of the party of residence, are requests to the competent authority by the defence attaché near the Embassy in the party of origin.

Art. 5. the staff of the party of origin may under no circumstances be associated with the preparation or execution of war operations or actions of maintaining or restoring order, public safety or national sovereignty, nor intervene in these operations, in any form whatsoever.

Art. 6. in respect of the national legislation of the party of residence, travel by military vehicles are allowed for the duration of the stay.

Art. 7 7.1 the authorities of the two Parties shall cooperate to ensure security within the facilities made available to the armed forces of the party of origin.
7.2 the authorities in the party of origin, in agreement with the authorities of the party of residence, may take the necessary measures to ensure the safety of the facilities made available to them, as well as their equipment, property and official documents, in accordance with the legislation of the party of residence.
7.3 the part of stay authorities remain responsible for security outside the facilities made available to the armed forces of the party of origin, which does not have the right to perform armed guard and lacks the power of police to a third party.

Art. 8 8.1 the members of the forces of the party of origin are allowed to carry and use their arms and their ammunition on the territory of the party of residence for the purpose of the activity, in accordance with the legislation of the party of residence.
8.2 the parties to respect the instructions of safety and environmental protection in force in the territory of the part of stay.

Art. 9. the part of stay accept as valid, without requiring neither review nor duty or tax, military or civilian driver's license issued by the party of origin to members of the forces or the civilian components.

Art. 10 10.1 the apportionment of expenses is made by agreement between the Parties according to the principle of reciprocity, for the overall financial balance.
In principle, 10.2 before, during and after the activity, each party assumes its own expenses, including accommodation and catering costs related to members of the forces and the civilian components.
10.3 expenses related to official ceremonies and visits are supported by the part of stay.

Art. 11. the military authorities of the party of origin is responsible for the discipline. In the case of punishable behaviour of sanctions, they inform the authorities of the party of the nature of the sanctions stay before their execution. The authorities in the party of origin report to the competent military authority from the part of stay any serious breach of discipline of a member of their staff; the authorities of the party of residence may ask that it be returned to his country for enforcement of sanctions decided.

Art. 12. in the case of air accident or event serious in the airspace of a State in which is involved an aircraft of another State, this State's military experts are allowed to sit on the commission of inquiry of the State where the accident or event took place.

Art. 13 13.1 the members of the forces and the civilian elements of the party of origin have access to necessary medical care, with health services military or civilian part of stay under the same conditions as members of the forces and the civilian elements of the part of stay.
13.2 medical benefits according to art. 13.1 are the responsibility of the party host until the time when the patient is able to be repatriated; all follow-up care is the responsibility of the party of origin.
13.3 for cases where the principle of reciprocity cannot be guaranteed, the Parties agree on a settlement out of court.
13.4 Furthermore, medical secrecy is protected at the benefits offered to staff in accordance with the regulation of the part of stay.

Art. 14. any dispute related to the application or interpretation of this agreement is set exclusively by negotiation between the Parties.

Art. 15 15.1 in the event of contradiction between the provisions of this agreement and of an agreement or a technical arrangement earlier concluded between the Parties, the provisions of this Agreement shall prevail.
15.2 However, the provisions of the agreement between the Government of the French Republic and the Swiss federal Council on mutual assistance in case of natural disaster or serious accident on January 14, 1987, apply.

Art. 16 16.1 this agreement is concluded for an indefinite period. It comes into force on the date of the last signature.
16.2 this agreement may be amended at any time, in writing, by mutual agreement between the Parties.

16.3 it may be denounced jointly by both Parties, or by one of the Parties with a written notice of six months. However, the provisions of this Agreement remain in effect until the procedures arising from its application.
Done at Berne, on 27 October 2003, in duplicate, in French, both texts being authentic.

To the Swiss federal Council: for the Government of the French Republic: Samuel Schmid Jacques Rummelhardt RO 2004 2589 RS RS 0.510.1, annex 0.510.1 RS 0.510.11 not published in the RO.
RS 0.131.334.9 not published to the RO.

11 State. July 2006

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