Rs 0.631.252.945.461.2 Agreement Of November 26, 1971 Between The Switzerland And The Italy Relating To The Creation, To Tourist Highway Brogeda Crossing, An Office In National Juxtaposed Controls

Original Language Title: RS 0.631.252.945.461.2 Accord du 26 novembre 1971 entre la Suisse et l’Italie relatif à la création, au passage autoroutier touristique de Brogeda, d’un bureau à contrôles nationaux juxtaposés

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0.631.252.945.461.2 translation agreement between the Switzerland and the Italy on the establishment, to the tourist Highway passage of Brogeda, Swiss Office to national controls juxtaposed concluded on November 26, 1971, entered into force on December 1, 1971 the federal Council and the President of the Italian Republic in application of art. 2, by. 3, of the Convention between the Switzerland and the Italy relating to the offices juxtaposed national controls and control along the way of March 11, 1961, and of the exchange of notes of October 13, 1967, have decided to conclude an agreement relating to the creation, at the Brogeda tourist motorway crossing, an office in juxtaposed national controls and have appointed for that purpose for their Plenipotentiaries , know: (follow the names of the Plenipotentiaries) which, after having exchanged their full powers found in good and due form, have agreed on the following provisions: art. 1-1. An office in juxtaposed national controls is created on Italian territory at the motorway Brogeda crossing.
2. the Swiss and Italian relating to passenger traffic entry and exit controls are performed at this office. They apply to people in vehicles, luggage, vehicles themselves, to personal effects, commercial samples, to small quantities of goods for private use or, in any event, have no great value, currency and securities that these persons can take for their personal needs.
3 is also allowed the passage, but only in the direction North-South, empty road vehicles heavy, empty or carrying of the packing material.
4. within the meaning of art. 4, by. 1, of the Convention of March 11, 1961, the Swiss Office located in Italian territory is attached to the municipality of Chiasso.

New content, in effect since August 7, 1985 (RO 1985 1321).
SR 0.631.252.945.460 art. 2-1. The area designed for the Italian and Swiss control of entry and exit is made up of: a. a sector to be used in common by the agents of the two States, which includes:-the tracks of the highway, including the way stop and the median strip, from the border on the international bridge to a straight line parallel to the northeastern front of the pavilions A-G traced to 48 m to the northeast of such front, excluding the building of the guard of the border guard (Guardia di Finanza) and the surrounding area; - the place with parking lots, bounded upstream by the retaining wall of the road reserved for trucks, and on the opposite side, by retaining to the producers river wall; - the premises for the visit of the luggage located on the ground floor pavilions A and G; - for people visiting premises, located in the pavilions A, C, E and F - stairs of the Pavilion F; - the local, including access, assigned to the technical installations Swiss designed to regulate the traffic in Swiss territory for crossing the border; - garages for vehicles visit located on the ground floor of the building for the service accommodations, and the passage that leads there, when they are used for such a visit.

b. a sector reserved for officials including Swiss: - offices of Swiss customs on the ground floor of the pavilions A, C, E, F, G and the Pavilion auxiliary North of the boxes of parking located on the axis of the Pavilion F, usable also by the Swiss Police; - Customs and the Swiss police office located on the first floor.

2. the boundaries of the area will be, if necessary, fitted with proper signage.
3. official plans of the area will be displayed in the Italian Pavilion's office and in the Swiss Office of the G flag.

New content, in effect since August 7, 1985 (RO 1985 1321).

Art. 3-1. Swiss agents can enter the area, in uniform with their regulatory weapons and their vehicle, also to make arrangements to regulate the traffic in Switzerland to cross the border or to invert the sense of the market.
2. Italian officers in uniform with their regulatory weapons and their vehicle can enter Swiss territory on the highway until the first crossing opened in the median strip to invert the sense of the market.
3 the highest in rank of the Customs and the Italian police on duty on-site agents consent and facilitate, in the present case, entry into the area to those responsible the maintenance and revision of technical facilities the area Swiss, as well as the affected services Swiss maintenance and motorway rescue with their vehicles and their tools.
4. in a similar way, the highest in rank of customs and the Swiss in on-site police agents consent and facilitate, in the present case, the entry into Switzerland on the highway, until the first crossing opened in the median strip, to the people assigned to the Italian services maintenance and emergency motorway with their vehicles and their tools to invert the sense of the market.

Art. 4-1. Management of the customs of the IV district in Lugano and the command of the police in Ticino in Bellinzona, on one hand, and the Direction of the Customs District in Como as well as the Office of II area of border police in Como, on the other hand, regulate, by mutual agreement, questions of detail, especially those related to the conduct of traffic and use of the area.
2. in addition the highest grade in on-site service agents are allowed to adopt, agreed, the necessary measures on time, or for brief period of time, in particular to eliminate the difficulties that might arise at the control; on the other hand, policy decisions are always taken by common agreement by the Directorates and the commandments mentioned in the by. 1 or by the central directorates which they belong.

Art. 5. the Swiss agents can enter the area instead of service and to return following the path set by the authorities referred to in art. 4, by. 1 art. 6-1. This agreement will take effect on December 1, 1971.
2. each of the two States may denounce the agreement with observation of a period of at least six months for the first day of a month.
In faith whereof, the respective Plenipotentiaries have signed this agreement.
Made in Modena on November 26, 1971, in two originals in the Italian language.

For the Swiss Confederation: the Italian Republic: Lenz Tomasone RO 1972 239 the original text is published under the same number, in the Italian edition of the compendium.
RS 0.631.252.945.460 RS 0.631.252.945.461.21 State 11. July 2006