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RS 0.741.511.514 Agreement of 25 October 2006 in the form of d 'exchange of notes between the Swiss Federal Council and the Government of the Principality of Liechtenstein on the participation of Liechtenstein in the management and operation of regis

Original Language Title: RS 0.741.511.514 Accord du 25 octobre 2006 sous forme d'échange de notes entre le Conseil fédéral suisse et le Gouvernement de la Principauté de Liechtenstein relatif à la participation du Liechtenstein à la gestion et à l’exploitation des registres s

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[0.741.511.514]

Agreement of 25 October 2006

In the form of an exchange of notes between the Swiss Federal Council and the Government of the Principality of Liechtenstein concerning the participation of Liechtenstein in the management and operation of the Swiss automated registers in the field of Road traffic

Entered into force on 1 Er November 2006

(State on 20 February 2007)

Translation 1

Federal Department

Bern, 25 October 2006

Foreign Affairs

Embassy of the Principality of Liechtenstein

Bern

The Federal Department of Foreign Affairs has the honour to inform the Embassy of the Principality of Liechtenstein of the receipt of its note of 25 October 2006, the statement of which reads as follows:

" The Embassy of the Principality of Liechtenstein has the honour to submit to the Federal Department of Foreign Affairs the following case:

In view of Art. 99, para. 10, of the Liechtenstein Law on Road Traffic, which provides that the Government of the Principality of Liechtenstein may enter into agreements with Switzerland concerning the management and operation of the automated Swiss registers Comparable to those of s. 99 B To D Of the said Act or which have as their object types of vehicles and tachograph cards, and as the Swiss Federal Council may, under Art. 56 and 106, para. 5, art. 104 A , para. 7, art. 104 B , para. 7, art. 104 C , para. 7, and art. 104 D , para. 7 of the Swiss Federal Law on Road Traffic 2 Authorise the authorities of the Principality of Liechtenstein to participate in the management and operation of the registers referred to in Art. 104 A To D , the Government of the Principality of Liechtenstein proposes to the Swiss Federal Council to conclude, with a view to continuing and deepening their collaboration on this matter, the following agreement on the participation of Liechtenstein in management And the operation of the Swiss automated registers in the field of road traffic:

1.
Liechtenstein and Switzerland shall cooperate in the field of registers provided for in their respective laws on road traffic. The collaboration includes the following records:
-
Drivers and their vehicles registers
-
Records of administrative measures
-
Registry of Driver Permissions
-
Vehicle Type Register
-
Register of tachograph cards.
2.
For the purposes of the following provisions, Liechtenstein shall be integrated into the management and operation of the automated Swiss registers in the field of road traffic.
3.
The applicable Swiss legislation-subject to the regulations set out below-at the time of entry into force of this Agreement is set out in the Annex to that Agreement. Its additions or modifications shall be communicated in writing, in due course, by the Federal Roads Office to the Control of Motor Vehicles and confirmed by the Motor Vehicle Control Board once they have been adopted, by mutual agreement, in the Annex.
4.
The Liechtenstein authorities, including the police of the Principality and the criminal authorities, have the same rights and obligations as the analogous Swiss authorities and vice versa. The same applies to the Swiss federal authorities in relation to Liechtenstein than to the cantonal authorities and vice versa.
5.
The application of this Agreement shall be the responsibility of the Control of Motor Vehicles in Liechtenstein and the Federal Office of Roads in Switzerland.
6.
Subject to provisions contrary to this Agreement, the cooperation resulting from this Agreement shall be governed by the respective data protection provisions of the two countries.
7.
The data provided under this Agreement may be transmitted to third States with the prior written agreement of the State which has delivered them.
8.
Data processing in other systems must be explicitly approved.
9.
Subject to express approval, data submitted by the Liechtenstein authorities may be transmitted by the competent Swiss authorities for statistical and research purposes.

If the Swiss Federal Council approves the above, this note and the Swiss response form an agreement between the two Governments, which will enter into force 1 Er November 2006.

Each Contracting Party may, in writing, denounce this Agreement at any time by observing one year's notice.

The Embassy of the Principality of Liechtenstein takes this opportunity to renew to the Federal Department of Foreign Affairs the assurance of its high regard."

The Federal Department of Foreign Affairs has the honour to inform the Embassy of the Principality of Liechtenstein that the Federal Council has approved the above and that the Embassy's note and the Department's response form an agreement between the Two Governments, which will enter into force on 1 Er November 2006.

The Federal Department of Foreign Affairs takes the opportunity to renew to the Embassy of the Principality of Liechtenstein the assurance of its high regard.


Annex

Established as of October 25, 2006

RS

Law Text

RO

741.511

Order of 19 June 1995 on type-approval of on-road vehicles (ORT)

Liechtenstein does not itself receive type-approval and has access to data through an appeal system within the meaning of s. 11, para. 2.

1995 3997

1995 4921

1998 1796

1998 2501

2000 243

2000 2291

2002 3309

2002 3310

2002 4212

2004 5069

2005 4193

2006 1681

741.53

Order of 23 August 2000 on the register of driving licences

2000 2300

2002 3316

2003 3375

2004 5071

2006 1685

741.55

Order of 18 October 2000 on the automated register of administrative measures (order on the ADMAS register)

Applicable With the exception of s. 7, let. C and d, and 10, para. 1 Bis

2000 2800

2002 3320

2004 2871

2004 5073

741.56

Order of 3 September 2003 on the automated register of vehicles and holders of vehicles (order on the MOFIS register)

Applicable Subject to instructions within the meaning of s. 18 are mandatory under an order of the Government of the Principality of Liechtenstein, and with the exception of Art. 17

2003 3376

822.223

Order of March 29, 2006, on the tachograph card register (ORCT)

2006 1703



RO 2007 433


1 The original German text is published, under the same number, in the German edition of this collection.
2 RS 741.01