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Translation 1
(State 1 Er November 2007)
Federal Department of the Environment, tran S Ports, energy and communication (DETEC) of the Swiss Confederation, The Government of the Principality of E Liechtenstein and the Federal Ministry of Transport, Innovation and Technology (BMVIT) Of the Republic of Austria
(hereinafter the "Contracting Parties"),
Wishing to encourage and intensify for the benefit of the parties a long-term cooperation for the development of the railways,
Aware of the ecological and economic benefits of rail passenger and freight traffic,
Seizing opportunities in the area of rail infrastructure, its interoperability, and rail traffic,
Based on s. 9 of the Agreement of 22 July 1957 between the Swiss Confederation and the Republic of Austria concerning the financing of the development of the Arlberg line (Buchs-Salzburg) 2 ,
Taking account of the Treaty of 27 August 1870 between Switzerland, the Empire of Austria-Hungary, representing at the same time Liechtenstein and Bavaria, concerning the construction of a railway from Lindau to St. Margrethen by Bregenz, and of a railway of Feldkirch at Buchs 3 ,
Referring to para. 3 of Art. 3 of the Convention of 27 October 2003 between the Federal Department of the Environment, Transport, Energy and Communication of the Swiss Confederation and the Federal Ministry of Transport, Innovation and Technology Republic of Austria on cooperation on the future development of the railways 4 ,
Agreed to the following:
1 The Contracting Parties intend to encourage and develop on the basis of balanced and mutually beneficial cooperation for each part the passenger and rail traffic between the Republic of Austria, the Principality of Liechtenstein And the Swiss Confederation.
2 This cooperation will extend in particular to the following areas:
1 Within the framework of their competences, the Contracting Parties shall endeavour to cooperate in the future development of the railway infrastructure, its interoperability, rolling stock and the principles of the organisation of rail traffic. This cooperation relates in particular to:
2 In accordance with the legal requirements applicable in their States, the Contracting Parties shall support the cooperation of railway undertakings in their national territories and depart from the principle that the details of such cooperation, In particular the various joint projects, are agreed by the railway undertakings.
3 Within the limits of their powers, the Contracting Parties shall be responsible for the financing of the measures to be carried out in their territories, subject to national procedures concerning decisions on financing. In particularly justified isolated cases, it is possible to envisage, in derogation from the principle of territoriality, extra-territorial co-financing of improvements to the infrastructure in the area near the border if the parties Contracting Parties concerned shall agree on such a procedure. The Federal Ministry of Transport, Innovation and Technology of the Republic of Austria and the Government of the Principality of Liechtenstein, however, reserve the possibility of concluding, in isolated cases, separate agreements On the financing of railway infrastructure in the Principality of Liechtenstein.
1 The national planning and objectives of the BODAN-RAIL 2020 project for the large Lake Constance region will serve as a planning basis for the contracting parties. The latter will work, as part of their expertise, to ensure that the first parts of this project are completed by 2010.
2 Priority is given to the review of the development opportunities for the Feldkirch-Schaan-Vaduz-Buchs SG rail link with respect to the regional effects of the service. This study should be coordinated and deepened in common by the contracting parties with a view to harmonising the measures to be taken.
1 The implementation of this Convention shall be entrusted to a Steering Committee composed of representatives of the Contracting Parties and which shall meet at least once a year. The host country assumes the Presidency; the Presidency of the first meeting shall return to the Principality of Liechtenstein and then change by rotation. Depending on the needs, the representatives of the local authorities and the railway undertakings concerned will be able to be consulted.
2 Each Contracting Party may require the convening of the Steering Committee if it considers it necessary. In this case, the steering committee is to meet within three months.
3 The Steering Committee shall monitor the implementation of this Convention and shall draw up a programme of implementation. It presents proposals on the possible development of the objectives and measures which will be established, where appropriate, as supplements to the Convention.
All information and results of the work exchanged and processed under this Agreement shall be published only with the agreement of all Contracting Parties.
1 This Agreement shall enter into force on the first day of the second month following the signature.
2 It is concluded for an indeterminate period.
3 It may be terminated at any time, subject to written communication addressed to the other Contracting Parties and, in this case, shall lapse six months after the day on which the termination is received.
Done at Vaduz, on 14 September 2007, in three originals in German.
For the |
Federal Department of the Environment, Transport and Energy |
And the communication from the Swiss Confederation: |
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1 Translation of the original German text (AS 2008 279).
2 RS 0.742.140.316.32
3 RS 0.742.140.316.31
4 RS 0.742.140.316.33