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RS 0.740.79 Agreement of 3 December 1991 between the Minister of Transport of the Federal Republic of Germany, and the Head of the Federal Department of Transport, Communications and Energy of the Swiss Confederation and the Minister for transpo

Original Language Title: RS 0.740.79 Accord du 3 décembre 1991 entre le Ministre des transports de la République fédérale d’Allemagne, et le Chef du Département fédéral des transports, des communications et de l’énergie de la Confédération suisse ainsi que le Ministre des transpo

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0.740.79

Translation 1

Agreement

Between the Minister for Transport of the Federal Republic of Germany, the Head of the Federal Department of Transport, Communications and Energy of the Swiss Confederation and the Minister for the Transports of the Italian Republic, concerning The improvement of combined rail/road freight traffic through the Swiss Alps

Conclu December 3, 1991
Approved by the Federal Assembly on December 16, 1992 2
Approval communicated by Switzerland to the other Contracting Parties on 21 January 1993
Entered into force with effect on 3 December 1991

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,

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Having regard to the memorandum of transport ministers on the new railway line across the Alps, adopted at the meeting of 15 and 16 April 1989 in Udine,
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Having regard to the measures decided by the Swiss Federal Council in order to increase the capacity of the supply of combined traffic on existing lines,
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Having regard to the Order of the Swiss Federal Council of 25 October 1989 establishing a transitional solution until the introduction of the new rail line through the Alps,

Agreed to the following:

Art. 1

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.

Art. 2

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.

Art. 3

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.

Art. 4

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

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Adapt the line Turin-Novara-Domodossola-Iselle to the profile "B plus" (code P80) and strengthen its equipment for electric traction.
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Electrify and adapt to the profile "B plus" (code P80) the line Novara-Vignale-Domodossola.
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Realize the new Domo II Yard.
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Expand the automatic line block on the Gallarate-Domodossola line.
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Maximize the Novara Routing Terminal.
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Maximize the Turin Orbassano yard and rail yard.

Swiss side

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Adapt to the profile "B plus" (code P80) the Simplon tunnel (Brigue-Iselle).
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Adapt to the profile "B plus" (code P80) the Lötschberg tunnel and the access lines.

B. Transit by Chiasso

Italian side

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Install the automatic and banalised line block on the Chiasso-Milan line.
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Adapt to profile "B" (code P60) the line Chiasso-Milan.
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Build a ferroute terminal in Segrate.

Swiss side

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Increase the capacity of the Basle-Chiasso line, by enlarging the terminal facilities, by doubling the track and installing an automated and trivialized line block.
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Reinforce electrical traction equipment with new generators and converters.
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In the years following 1994, Switzerland will take further steps to increase the network's capacity for the RAIL 2000 project.

German side

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The German part of the Offenburg-Basel line will be developed according to the German communication plan.
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The desirability of a four-lane extension will be examined.
Art. 5

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.

Art. 6

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.

Art. 7

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.

Art. 8

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.

Art.

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.

Art. 10

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.

Art. 11

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


RO 1993 1232; FF 1992 III 1001


1 The original text is published, under the same number, in the German edition of this compendium.
2 RO 1993 1231


Status November 5, 1999