Key Benefits:
Translation 1
Preamble
The Minister of Transport of the Federal Republic of Germany, the Head of the Federal Department of Transport, Communications and Energy of the Conf é Swiss authorities and the Minister of Transport of the Italian Republic, hereinafter the Contracting Parties,
Agreed to the following:
The contracting parties have agreed to consider combined traffic as an opportunity to resolve, in the short and medium term, the problems posed by the transport of goods across the Alps.
This Agreement shall apply to the railway lines Basel/Rielasingen/Schaffhaus/Kandersteg-Domodossola and Basel/Rielasingen/Schaffhaus/Schaffhausen-Goeschenen-Chiasso/Luino, as well as to the north and south access lines.
The Contracting Parties will assist the four networks concerned (Italian Railways, German Federal Railways, Swiss Federal Railways, Swiss Railways of the Bernese Alps Berne-Lötschberg-Simplon) to implement the Measures agreed to in the Railway Agreement of 25 November 1991. They are committed to working together to this end.
The Contracting Parties agree to increase the capacity to 58 routing trains per day (total of both directorates) by 1994 and to improve both the infrastructure and the organisation of operations for this purpose. The programmes contained in the Railway Agreement of 25 November 1991 are taken into account.
The Contracting Parties undertake to intervene with their railways in order to allow all trains of combined traffic to be accepted and transported as long as the capacity of the infrastructure permits. The current transport situation gives an overall offer of 700,000 consignments (calculation based on a loading unit 12 metres in length).
In order to achieve the objectives of this Agreement in a timely manner, the Contracting Parties shall make coordinated and agreed technical investments in advance. The measures to be taken are:
A. Transit by Domodossola
Italian side
Swiss side
B. Transit by Chiasso
Italian side
Swiss side
German side
The Contracting Parties invite the railways to develop, in cooperation with the companies providing the combined traffic and, possibly, the other operators of such a service, competitive tenders for combined traffic through the Switzerland, in particular with regard to the quality of transport, shortening and compliance with transit and delivery times, as well as tariffs. These offers must comply with Community law.
They also encourage the railways to develop proposals with a view to strengthening their liability for damage and respect for delivery times.
The Contracting Parties shall support the demand for combined rail/road traffic by means of restricting administrative obstacles, in particular as regards driving prohibitions, dimensions and weights laid down in regulations Applicable to combined traffic in the European Community, cabotage for initial and terminal journeys and customs formalities and those of veterinary and phytosanitary medicine.
Switzerland and Germany agree to treat combined rail/road and rail/inland waterway traffic on an equal footing.
With the agreement of its railways, Switzerland declares its willingness to make available to the contracting parties, in accordance with the needs of the market, low-floor rail cars for bilateral traffic and the transit of rolling carriages.
It will compensate the Swiss railways for operating losses resulting from the application of competitive prices in relation to road transport.
The Contracting Parties undertake to take special measures when the operation is interrupted for more than five hours as a result of force majeure or other technical disturbances.
In the case of combined traffic loads already loaded or booked, it may be foreseen, if a transhipment is possible, to derogate from the quotas and the transport authorisations subject to a fee, the requirements on the dimensions And weights, or prohibitions to circulate at night on the roads.
The representatives of the contracting parties, the railways, the companies providing the combined traffic and, possibly, other operators will meet whenever this is necessary to monitor the situation and Possibly develop further additional measures.
Problems that cannot be resolved at these meetings will be presented, for decision, to the contracting parties.
Before taking any measures relating to transit traffic through Switzerland, the Contracting Parties shall consult to agree on coordinated procedures which take into account the needs and possibilities of the railways.
This Agreement shall enter into force on the day of its signature.
In the case of Switzerland, the agreement must, in any case, be submitted to Parliament for approval, which will be communicated immediately to the other contracting parties.
The validity of this Agreement shall be six years; each Contracting Party may denounce it in writing for a period of six months. The denunciation shall be reasoned and communicated to the other Contracting Parties.
Done at Bonn on 3 December 1991 in three originals, each written in German and Italian, each text being equally authentic.
The Minister of Transport of the Federal Republic of Germany: |
E. R. Dicter Schulte |
The Head of the Federal Department of Transport, Communications and Energy of the Swiss Confederation: |
E. R. Rodolphe Imhoof |
The Minister of Transport of the Italian Republic: |
E. R. Marcello Guidi |
1 The original text is published, under the same number, in the German edition of this compendium.
2 RO 1993 1231