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Translation 1
(State on 15 July 2011)
The Swiss Federal Council and the Government of the Principality of Liechtenstein,
Having regard to the long tradition of friendship between Switzerland and Liechtenstein,
Having regard to the close contractual relations in the medical field, in particular on the basis of the Treaty of 29 March 1923 between Switzerland and the Principality of Liechtenstein concerning the meeting of the Principality of Liechtenstein to the Swiss customs territory 3 (customs treaty), and the resulting agreements in the field of public health,
Wishing to ensure the equal treatment of persons domiciled in Liechtenstein and persons domiciled in Switzerland, concerning the allocation of organs for transplantation;
Agreed to the following provisions:
Persons domiciled in Liechtenstein are listed on the Swiss waiting list or are deregistered on the same conditions as persons domiciled in Switzerland under the Federal Act of 8 October 2004 on organ transplantation, Tissues and cells (Transplantation Act, RS 810.21 ) And the order of 16 March 2007 on the allocation of organs for transplantation (Organ allocation order, RS 810.212.4 ).
Persons domiciled in Liechtenstein on the Swiss waiting list for the allocation of organs are treated in the same way as persons domiciled in Switzerland (Transplantation Act, art. 17, para. 2).
(1) The hospitals of Liechtenstein shall communicate to the national service, with the necessary data, the names of the deceased persons who are amenable to organ removal (Transplantation Act, art. 22, para. 1).
(2) The hospitals of Liechtenstein and the doctors authorised to practice in Liechtenstein to which a person has declared his willingness to give his or her lifetime an organ to an unknown person shall be required to communicate the name of that potential donor The national authority service (Transplantation Act, art. 22, para. 2).
(1) Pursuant to s. 56 of the Transplantation Act, and s. 45 and 47 of the order of 16 March 2007 on the transplantation of organs, tissues and cells of human origin (order on transplantation, RS 810.211 ), Liechtenstein performs the same organisational and coordinating tasks as the Swiss cantons.
(2) Art. 53 of the Transplantation Act also applies to professional development and continuing education programmes for the medical staff of hospitals in Liechtenstein.
In the case of persons domiciled in Liechtenstein, the legal remedies for registration on the waiting list and the allocation of organs are governed by Art. 68 of the Transplantation Act.
(1) Liechtenstein shall participate in the costs that the Confederation shall bear in the allocation of organs.
(2) Considering all persons on the Swiss waiting list, the amount owed by Liechtenstein is determined on the basis of the relationship between persons domiciled in Liechtenstein and those domiciled in Switzerland. To this end, the number of newly registered persons in a calendar year is added to the number of persons already on the waiting list at the beginning of the same year.
(3) At the beginning of each year, the Swiss authorities shall invoice the authorities of Liechtenstein for the amount established for the previous calendar year.
(1) The Swiss laws and ordinances that the Principality of Liechtenstein undertakes to apply under this Agreement are listed in its Annex, which is an integral part thereof.
(2) The Swiss authorities shall, as soon as possible, inform the authorities of Liechtenstein of the additional and planned amendments to the Swiss legislation on transplantation. These will be included in the Annex as soon as the Swiss and Liechtenstein authorities have agreed in writing.
(1) Each Contracting Party may terminate this Agreement at any time, by observing twelve months' notice, at the end of a calendar year.
(2) Persons domiciled in Liechtenstein on the Swiss waiting list and for which the transplantation has a medical emergency will be treated, for the purposes of allocating organs, as persons domiciled in Switzerland, even if Agreement has lost its validity.
(3) Persons domiciled in Liechtenstein for which the transplantation does not present a medical emergency shall remain registered, with their agreement, on the Swiss waiting list once this Agreement has lost its validity, but shall be For the allocation of organs, such as non-resident persons in Switzerland.
This Agreement shall be applied provisionally from 1 Er April 2010. It shall enter into force as soon as the Contracting Parties have communicated to each other the completion of the procedures required by their domestic law.
In witness whereof, The Plenipotentiaries of both Parties have signed this Agreement.
Done at Berne, 1 Er March 2010, in two originals in German.
(Art. 7)
# RS. |
Law/Order |
RO |
810.21 |
Federal Act of 8 October 2004 on Transplantation of Organs, Tissues and Cells (Transplantation Act) Applicables: art. 16 to 23, 53, 56 and 68 |
2007 1935 |
810.211 |
Order of 16 March 2007 on the transplantation of organs, tissues and cells of human origin (Transplantation Ordinance) Applicables: art. 45 and 47 |
2007 1961 2008 4461 |
810.212.4 |
Order of 16 March 2007 on the allocation of organs for transplantation (Organ allocation order) |
2007 1995 2008 4467 |
810.212.41 |
DFI Ordinance of 2 May 2007 on the allocation of organs for transplantation (DFI Ordinance on the allocation of organs) |
2007 2007 2008 4469 |