0.740.722 original Decision n 1/2006 Committee of land transport community/Switzerland regarding the creation of an Observatory of traffic in the alpine region adopted on 22 June 2006 entry into force for the Switzerland July 1, 2006 (State on December 27, 2006) the Committee, given the agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road , and including his art. 45 and his art. 51, per. 2, whereas: (1) according to art. 45, by. 1, of the agreement, a permanent observatory of monitoring of road, rail and combined traffic in the alpine region is set up. (2) to this end, the agreement stipulates that the contracting parties to determine the financing and the administrative modalities of functioning of the observer-Observatory by a decision of the Joint Committee, decides: art. 1 shall be set up a common Observatory community Switzerland/European monitoring of traffic in the region alpine, hereinafter referred to as "the Observatory".
Art. 2-1. The Observatory centralises the statistics of community, international and national organizations related to road and rail traffic as well as combined transport accompanied and unaccompanied in the alpine region. It shall report annually on the evolution of these trades to the Joint Committee.
2. the Observatory collects data relating to congestion of the infrastructure and the environment, as well as other statistics requested by the Joint Committee for the implementation of its mandate and in accordance with art. 47 of the agreement on land transport.
3. the Observatory provides a decision support to the Joint Committee about the possible outbreak of unilateral safeguard measures referred to in art. 46 of the agreement on land transport.
4. the Joint Committee may grant other missions to the Observatory.
Art. 3-1. The Observatory will use, in the extent possible, existing statistics and those that have been established on the basis of community and Swiss rights.
2. to the extent possible, the Observatory will use common definitions and encoding and data transmission formats established for Community transport statistics. In cases where they are missing or inappropriate, the Observatory will define formats as simple and user-friendly as possible.
3. the exchanged statistics are only aggregated data. They must not allow identification of individual transport companies in application of the laws of the Swiss Confederation and the European Community on protection of data and the confidentiality of statistics.
Art. 4-1. The activities of the Observatory are led by the task force 'Observatory', set up by decision No 1/2003 of the Joint Committee.
2. the Working Group is implementing the strategic objectives of the Observatory defined by the Joint Committee and controls the degree of achievement of the objectives.
3. the working group includes at least one representative of the Federal Swiss statistics and a representative of the Swiss federal Office of transport, as well as two representatives of the Commission communities European, one in the field of transport, the other in the field of statistics. The members of the working group can be assisted in meetings by representatives of other institutions who have observers.
4. the tasks of collecting data and preparing reports to a service provider selected according to the rules on public procurement. The Community Directives on public procurement procedures based on the agreement on the procurement of 15 April 1994 concluded within the WTO apply to this market. Any tender is published by the Switzerland and the Commission of the European communities. The selection of the provider of services, including the drafting of the specifications and any award decision is made jointly by the contracting parties in the Working Group 'Observatory '. The contract is awarded to the Tenderer submitting the most advantageous bid economically. The contract with the service provider is governed by Swiss law signed for the two contracting parties by heads of delegation within the Joint Committee.
5. the Working Group considered and adopted, by consensus, the reports prepared by the service provider. It transmits its conclusions to the Joint Committee that makes decisions resulting. If a report is not adopted, the Working Group transmits to the Joint Committee the divergent views expressed in his breast.
6. the authorities of the States members of the European Community and the Swiss Confederation give the service provider the access to all the statistical data available to them to allow the execution of his contract.
Not published in the RO.
SR 0.632.231.422 art. 5-1. Expenses related to the performance of the contract pursuant to art. 4, by. 4, are supported equally by the Switzerland and the European Community. The budget for this contract will be up to 250 000 EUR, for the first year, and, depending on the availability and quality of data to have a maximum of 100 000 EUR for the following years.
2. each Party shall bear expenses she exhibited due to his participation in the meetings of the Working Group 'Observatory '.
3. expenses related to the material organisation of meetings of the working group are normally supported by the party that holds the Presidency.
4. the expert expenses arising from a mandate granted by one party are supported by it.
Art. 6. this decision shall enter into force the first day of the month following its adoption.
Done at Bern, June 22, 2006.
The President: The head of the delegation of the European Community: Max Friedli Enrico Grillo Pasquarelli RO 2006 5963 RS 0.740.72 State on December 27, 2006