Rs 0.740.79 The 3 December 1991 Agreement 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, As Well As The Minister Of The Tr...

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 agreement between the Minister of transport of the Federal Republic of Germany, the head of the federal Department of transport, communications and energy of the Swiss Confederation and Minister of transport of the Italian Republic, for the improvement of combined transport road/rail of goods across the Swiss Alps concluded on 3 December 1991, approved by the Federal Assembly on 16 December 1992, approval given by Switzerland to the other contracting parties on 21 January 1993, entered into force 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 Swiss Confederation as well as Transport Minister of the Italian Republic, following the contracting parties-seen the memorandum to Ministers of transport on the new railway through the Alps adopted at the meeting of 15 and 16 April 1989 in Udine, - having regard to the measures decided by the Swiss federal Council to increase the supply capacity of the combined on existing lines, traffic - see the Decree of the Swiss federal Council of October 25, 1989, establishing a transitional solution until the commissioning of the new railway line through the Alps , have agreed to the following: art. 1. the contracting parties have agreed to consider the combined traffic as a possibility to solve short-term and medium-term, the problems posed by the transport of goods across the Alps.

Art. 2. this agreement is applicable to the Basel/Rielasingen/Schaffhausen-Kandersteg-Domodossola railway lines and Basel/Rielasingen/Schaffhausen-Goeschenen-Chiasso/Luino, as well as access North and South lines.

Art. 3. the contracting parties will help the four networks concerned (Italian railways of the State, German federal railways, Swiss federal railways, railways of the Alps Bern Bern-Lötschberg-Simplon) to implement the measures which they agreed in the rail agreement of November 25, 1991. They commit to work to this end.

Art. 4. the contracting parties agree to increase capacity to 58 trains to piggyback a day (total of both directions) by 1994 and improve for this purpose both the infrastructure and the Organization of the operation. The programs listed in the rail agreement of 25 November 1991 are taken into account.
The contracting parties undertake to intervene with their railways to make all trains of combined transport are accepted and routed to the extent where infrastructure capacity allows. The current situation of transport gives a global offer of 700 000 shipments (calculation based on a load of 12 meters of length unit).
To achieve the objectives of this agreement in time, the contracting parties will conduct technical investments coordinated and agreed upon in advance. Measures to be taken are the following: A. Transit via Domodossola Italian side - adjust the line Turin-Novara-Domodossola-Iselle profile "B more" (code P80) and strengthen its equipment for traction electric - electrifying and adapt to the profile "B more ' (code P80) Novara-Vignale-Domodossola line. - achieve the new rail yard Domo II. - develop block automatic line on the Gallarate-Domodossola line. - enlarge. Novara piggyback terminal - enlarge the station yard and piggybacking of Turin Orbassano.

Swiss - adapt to the profile side "B more ' (code P80) tunnel the Simplon (Brig-Iselle).-adapt to the profile" B more ' (code P80) the Lötschberg tunnel and access lines.

B. Transit by Chiasso Italian side - install the block line automatic and undercover on the Chiasso-Milan line. - adapt to the profile "B" (code P60) Chiasso-Milan line. - build a piggyback to Segrate terminal.

Side Swiss - increase the capacity of the Basel-Chiasso line, expanding facilities at stations, doubling the track and by installing an automatic line block and trivialized. - enhance the facilities of electric traction by new generators and of new converters - in the consecutive years in 1994, the Switzerland will take other measures to increase the capacity of the network through the RAIL 2000 project.

Germany - the German part of Offenburg-Basel line will be developed according to the German plan of channels of communication - the opportunity of an extension to four lanes will be examined.

Art. 5. the contracting parties invite the railways to develop, in collaboration with the companies providing combined transport and, possibly, other operators of such a service, competitive for combined traffic through the Switzerland, including offers in what concerns the quality of transport, the shortening and the respect of the time of delivery and delivery, as well as the rates. These offers must meet Community law.
They also encourage the railroads to develop proposals to strengthen their responsibility for damage and respect of delivery times.

Art. 6. the contracting parties support the request of combined road/rail traffic to restrict administrative obstacles, particularly in regard to bans, the dimensions and the weight set by the regulations applicable to the combined traffic in the European Community, the cabotage for initial and final journeys as well as customs and phytosanitary and veterinary medicine.
The Switzerland and the Germany agree to deal on equal footing combined rail/road and rail/water traffic.

Art. 7. with the agreement of its railways, the Switzerland says willing to put at the disposal of the contracting parties, depending on the needs of the market, cars floor buses for bilateral traffic and transit rolling floor.
It will compensate the railways Swiss operating losses resulting from the application of competitive prices compared to road transport.

Art. 8. the contracting parties undertake to take special measures, when is suspended for more than five hours as a result of major force or other technical disruptions.
For combined traffic loads already loaded or subject to a reservation, there would be, if a transfer is possible to derogate to contingents and transport permits subject to a tax, to the requirements on the size and the weight, or bans on the roads at night.

Art. 9. the representatives of the contracting parties, of the railways, companies providing combined transport and, possibly, other operators of it will meet whenever it will be necessary to follow the evolution of the situation and develop possible additional measures.
Problems that cannot be resolved at these meetings will be presented for decision, to the contracting parties.

Art. 10. to take measures relating to transit through the Switzerland traffic, the contracting parties will consult to agree coordinated procedures that take into account the needs and the possibilities of the railways.

Art. 11. this Agreement shall enter into force the day of its signature.
For Switzerland, the agreement should in any case be subject to the approval of Parliament; It shall be communicated immediately to the other contracting parties.
The validity of this agreement is six years; Each Contracting Party may denounce it in writing for a period of six months. The denunciation will be motivated and communicated to the other contracting parties.
Done at Bonn on December 3, 1991, in three originals, each being drawn up in Italian and German, each text being equally authentic.

The Minister of transport of the Federal Republic of Germany: e. r. dictate Schulte, the head of the federal Department of transport, communications and energy of the Swiss Confederation: e. r. Rodolphe Imhoof Transport Minister of the Italian Republic: e. a. Marcello Guidi RO 1993 1232; FF 1992 III 1001 the original text is published under the same number, in the German edition of this compendium.
RO 1993 1231 State November 5, 1999

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