Rs 0.748.126.191.36 29 April 1965 Agreement Between The Swiss Confederation And The Federal Republic Of Germany Relating To The Facilities During Rescue And Repatriation By Aircraft (With Prot. End. And Letter)

Original Language Title: RS 0.748.126.191.36 Convention du 29 avril 1965 entre la Confédération suisse et la République fédérale d’Allemagne relative aux facilités accordées lors d’opérations de sauvetage et de rapatriement au moyen d’aéronefs (avec prot. fin. et lettre)

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0.748.126.191.36 translation of the German original text Convention between the Swiss Confederation and the Federal Republic of Germany relating to the facilities granted in rescue and repatriation by aircraft operations concluded on April 29, 1965, approved by the Federal Assembly on 5 December 1967, Instruments of ratification exchanged on 3 July 1968 entry into force August 3, 1968, the Swiss Confederation and the Federal Republic of Germany wishing to facilitate the rescue and repatriation, by aircraft, victims of an accident and sick people, have agreed on the following provisions: first part provisions general art. 1 under the terms of this convention, the expression 1. "Operation rescue" refers to the measures taken for safety (including assistance) and evacuate the victims of an accident or patients; 2. 'Repatriation' shall mean the transport (including assistance) of victims of an accident or patients to the State of origin or in which they are regularly domiciled; 3. 'State of departure' means the State on whose territory the aircraft takes off for the purposes of the operation rescue or repatriation; 4. "State of destination" means the State where operation rescue or where repatriation is done; 5. "Emergency service" means the service responsible for rescue or repatriation operations; 6. 'central Office' means an to be announced rescue operations and to be addressed concerning remittances; 7 applications. "Emergency devices" refers to items needed to care during operations to rescue, for example medicines, serums, vaccines, tonics, equipment for diagnostics, medical devices, tools and devices for rescue expeditions.

Art. 2-1. This convention is applicable to the aircraft used by civilian agencies research and rescue of one of the Contracting States for rescue operations in the other Contracting State or to remittances from the latter; crew (aircraft, rescuers and medical staff); the victims of an accident and the sick carried by these aircraft; Finally, to ship's stores, as well as to air navigation equipment and the means of rescue.
2. each Contracting State may, with supporting reasons, decline to the other State intervention of its search and rescue agencies. The relief of this agreement are not granted to research and rescue agencies whose intervention was ruled out.
3. the convention is applicable to State aircraft only if they receive specific authorization of the competent authorities of the State of destination.

Art. 3 Contracting States inform each other through diplomatic channels on: 1. their bodies research and rescue, as well as their services to rescue (art. 1, ch. 5); 2. Their central offices (art. 1, ch. 6); 3. Declined intervention (art. 2, para. 2); 4. The empowered authorities to allow the intervention of State aircraft in the State of destination (art. 2, para. 3); 5. The authorities authorized to permit remittances (art. 10); 6. The authorities empowered to prohibit the participation in rescue operations and to repatriation (art. 12); 7. The refusal temporary relief (art. 14); 8. Changes to the elements communicated according to ch. 1 to 7 above.

Second part Operations to rescue art. 4-1. During rescue operations, aircraft (art. 2) can fly and land also outside the customs airfields of the two Contracting States.
2. it is neither required nor established title of customs for aircraft. Aircraft, ship's stores, aviation equipment and rescue facilities are considered by the State of destination as being cleared duty free for temporary use, that within the limits of the intervention.
3. the aircraft can carry other goods as ships stores, air navigation equipment and the means of rescue for the rescue operation. The drug within the meaning of international conventions can be swept away within the medical needs urgent and used only by qualified personnel.
4. ship's stores, aviation equipment and rescue facilities are exempt from all entry fees, as they are consumed during the operation rescue or for the care of victims of an accident. The unused goods must be re-exported. If for special reasons, this is not possible, the type and quantity of the goods, as well as the place where they were deposited will be announced at the central office of the State of destination, which understand the competent Customs office; in this case, it is the national law of the State of destination which is applicable.
5. the rules prohibiting and restricting the traffic of goods across the border are not applicable to exempt goods of royalties in accordance with paras. 2 and 4. Taken drugs and their use are subject to the legal provisions of the State of departure. Within the limits of its own provisions, it will take precautionary measures to prevent the misuse of drugs. This requirement does not prejudge the law of the State of destination to carry out checks on the spot.

Art. 5-1. The emergency service announced as soon as possible to the central office of the State of departure the rescue operation who is preparing, by the quickest way, for example by phone. The central service of the State of departure shall then immediately notify the central service of the country of destination.
2. the emergency service immediately announces to the central office of the State of departure the end of a rescue operation, as well as the safety of people. The central office of the State of departure shall send this notice to the central office of the State of destination.

Art. 6. before each operation rescue, rescue service back to the pilot of the aircraft a certificate mentioning the order of flight, the place of departure and destination, the designation of the aircraft, including the name, first name, year of birth and the nationality of those involved in the rescue operation.

Art. 7-1. The affected rescue and survivors may, within the limits of a rescue operation, the border between the two States without identity documents.
2. each Contracting State undertakes to resume, regardless of nationality, who took the start on its territory to participate in a rescue operation. In addition, each Contracting State agrees to resume, regardless of nationality, people saved on its territory and transported in the territory of the other State. With respect to survivors who are not nationals of the receiving State, this obligation is applicable only if they are not nationals of the State of departure or not there were not domiciled regularly before the rescue. The obligation ceases when repatriation was not required within the period of 6 months after the crossing of the border.
3. the Contracting State which is bound by the obligation of repatriation shall reimburse the other State assistance and transportation caused to the latter by the presence of survivors. The German agreement on 14 July 1952 concerning the assistance to the needy is, except for the art. 2, 6 and 8, applicable to the nationals of the two Contracting States.

SR 0.854.913.61 art. 8. the people assigned to a rescue cannot, on the territory of the State of destination, carry out investigations on the accident only with the consent of the competent authorities of that State.

Art. 9-1. The art. 4 to 8 shall apply by analogy in the search of corpses as part of a rescue operation. When corpses are transported non-stop to the State of destination to the starting state, the mortuary pass is replaced by a report from the pilot to the address of the central office of the State of departure. This office gives knowledge to the competent authority of its State and the central office of the State of destination.
2. the corpses will be wrapped in a manner appropriate to the circumstances (e.g. canvas bag).
3. the international conventions on the transportation of corpses are not applicable to rescue operations.

Third part repatriation art. 10-1. Remittances are subject to authorisation from the competent authorities of the two Contracting States. Approval is granted if the repatriation is considered urgent from the medical point of view and if returnees are accompanied by nurses. The competent emergency service announces proposed repatriation to the central office of the State of departure. This office shall forward the request for authorization to the competent authorities of the two Contracting States, after which these authorities shall communicate their decision to the emergency service through the central office of the State of departure.

2. the competent authorities shall decide within 24 hours on the application for authorization; If the central office receives no decision before the expiry of this period, permission is deemed granted.

Art. 11. the art. 4, 6 and 7, al. 1 and 2, shall apply by analogy to the repatriations.

Fourth part provisions final art. 12-1. The competent authorities of the two Contracting States may exclude from the participation in rescue and repatriation residents on their territory, which violated the provisions of this convention or were guilty of other offences. The facilities provided by this agreement are not granted to those excluded.
2. when one of the two States request enforcement of a ban on the al. 1, the other State will access this query.

Art. 13. the competent authorities of the two Contracting States determine by mutual agreement the administrative measures necessary for the application of the. This convention.

Art. 14. each of the two Contracting States may, for compelling reasons related to public order or security, temporarily suspending the relief provided in this agreement.

Art. 15 final Protocol 1. This convention will be ratified as soon as possible. The instruments of ratification will be exchanged in Berne.
2. the present convention comes into force one month after the exchange of instruments of ratification.
3. the present agreement may be denounced at any time; She continues to deploy its effect three months after the denunciation.
Done at Bonn on 29 April 1965, in two original copies in German language.

Final at the signing of the agreement protocol between the Swiss Confederation and the Federal Republic of Germany relating to the facilities granted in rescue and repatriation by aircraft operations, the Contracting States have agreed, in addition, the following: 1. under the terms of this agreement, the term "national" means, with respect to the Federal Republic of Germany the Germans within the meaning of the constitution.2. Each Contracting State reserves to only consider as being regularly domiciled on its territory to the senses of the art. 1, ch. 2, and 7, al. 2, than people who have been admitted to stay for at least a year or who are in favour of a residence permit for at least a year.

Done at Bonn on April 29, 1965, in two original copies in German language.

For the Swiss Confederation: for the Federal Republic of Germany: Troendle Bonn, on 29 April 1965 Carstens Mr. Secretary of State, referring to the agreement signed today between the Swiss Confederation and the Federal Republic of Germany, convention on the facilities granted in rescue and repatriation by aircraft operations, I have the honour to inform you that there is agreement on the following points : 1. the duty according to art. 7, al. 3, to repay the assistance and transport costs caused by people saved not having neither the Swiss or German nationality refers to fees which, under the terms of this provision in competition with the first article agreement germano-suisse on July 14, 1952, on assistance for the needy, should be reimbursed if the survivor was a Swiss national or a national allemand.2. Remain reserved claims the survivor or other persons subject to the obligations arising from the civil law, when they are able to pay. In addition, the contracting parties ensure assistance authorized by national law to assert these revendications.3. The obligation to reimburse the costs of assistance and transport, according to art. 7, al. 3, of the convention does not exist when the State on whose territory the treatment is accorded can claim reimbursement from another State of which the survivor is ressortissant.4. When, under the terms of art. 7, al. 3, of the convention, refunds should be awarded for support of survivors, the claim and the statement of expenses are governed by the provisions applicable to reimbursement of costs of assistance according to the German agreement on 14 July 1952 concerning the assistance to the needy.

Please accept, Mr. Secretary of State, the expression of my high consideration.

Troendle 1968 1014 RO; FF 1967 I 865 the original text is published under the same number, in the German edition of this compendium.
RO 1968 1013 RS 0.854.913.61 RS 0.854.913.61 State on June 10, 1997

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