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RS 0.631.256.913.63 Agreement of 21 May 1970 between the Swiss Federal Council and the Government of the Federal Republic of Germany concerning the movement of persons in local border traffic

Original Language Title: RS 0.631.256.913.63 Accord du 21 mai 1970 entre le Conseil fédéral suisse et le Gouvernement de la République fédérale d’Allemagne concernant le mouvement des personnes dans le petit trafic frontalier

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0.631.256.913.63

Translations N 1

Agreement

Between the Swiss Federal Council and the Government of the Federal Republic of Germany concerning the movement of persons in local border traffic

Conclu 21 May 1970
Entered into force by exchange of notes on 1 Er August 1970

The Swiss Federal Council and the Government of the Federal Republic of Germany

Desiring to facilitate the movement of persons in the border areas, have agreed as follows:

Art. 1 Border zones

(1) This Agreement governs the movement of persons between the border areas of Switzerland and the Federal Republic of Germany. It also applies to the small border traffic between the Principality of Liechtenstein and the Federal Republic of Germany.

(2) The following shall be considered as frontier zones:

For the Federal Republic of Germany:
The city of Fribourg,
The town of Kempten (Allgäu), Breisgau-Hochschwarzwald circles, Lörrach Waldshut-Tiengen, Schwarzwald-Baar-Kreis, Tuttlingen, Konstanz, Sigmaringen, Biberach, Ravensburg, Bodenseekreis, Lindau (Bodensee) and Oberallgäu;
For Switzerland and the Principality of Liechtenstein:
(a)
The cantons of Basel-City, Basel-Country, Solothurn, the districts of Laufon, Moutier and Wangen of the canton of Bern, the district of Delémont of the canton of Jura, the canton of Aargau without the district of Muri, the canton of Zurich without the districts of Affoltern And Horgen, the cantons of Schaffhausen, Thurgovie, Saint-Gall, Appenzell Rhodes-Inner and Appenzel Rhodes-Extérieures;
(b)
The Principality of Liechtenstein. 1

1 New content according to the exchange of notes of 15/26 Nov 1991 (RO 1992 971).

Art. 2 Border Map

(1) The competent authorities of the State of domicile may issue border maps to nationals of Contracting Parties and to nationals of third States who have the residence permit of one of the Contracting Parties, where These are persons domiciled in the border areas.

(2) The holder of the border card shall have the right to cross the border as often as he or she agrees and to stay in the border area of the other State for at least three days without leave to stay. Border cards issued to third-country nationals must be countersigned by the competent authorities of the other Contracting Party.

(3) The exercise of a gainful occupation shall be governed by the internal requirements of each Contracting Party; in Switzerland, a frontier permit shall be required.

(4) The border card shall bear the surname and given name, date of birth, place of birth or place of origin, nationality, place of residence and a photograph of the holder. Until the age of 16, children can be registered on the border map of their legal representative.

(5) The border card shall be issued for a period of not more than 5 years; its validity may be extended but shall not be more than 10 years in total. The validity of the border card issued to a third-country national must not exceed that of his residence permit.

Art. 3 Pass for excursions

(1) The competent authorities of the State of domicile or residence may issue a pass for excursions to nationals of Contracting Parties as well as to third-country nationals who are not subject to the visa requirement in the other Contracting Party, where such persons do not have valid credentials for crossing the border but have official identification with a photograph; the pass may be issued even if the applicant has not No domicile in the territory of the Contracting Parties. Until the age of 16, children can be included in the accompanying adult pass, even though they do not have an official identity document.

(2) The pass must bear the name and surname of the holder.

(3) A group pass may be issued to groups of children 16 years of age or older who are accompanied by an adult race leader. The race leader must be at least in possession of a formal identification within the meaning of paragraph 1. Children do not need identification; it is sufficient to indicate their number in the pass.

(4) The individual pass and collective pass are valid for seven days. They give the right, during their validity, to cross the border several times and to stay without leave of residence in the border area of the other Contracting Party.

(5) The individual pass and the collective pass shall not be issued to persons who intend to enter the border area of the other Contracting Party to engage in a gainful occupation.

Art. 3a 1 Transit Pass for excursions

(1) A pass for excursions in the form of transit passes for excursions may be issued to nationals of Contracting Parties as well as to third-country nationals not subject to the visa requirement in the other Party A Contracting Party that transits through the other border area through short transit routes, where such persons do not have a valid piece of legitimation for crossing the border, but have an official identity document with a Photograph.

(2) The transit pass for excursion must bear the name and first name of the holder.

(3) Passengers of a motor vehicle or members of a group of tourists may, if they are nationals of Contracting Parties, be listed numerically in the transit pass for excursions, issued in accordance with para. 1.

(4) The transit pass for excursions shall entil the holder and passengers of a motor vehicle or members of a group of tourists enumerated numerically to transit without stopover by the other border area by means of Short transit routes.


1 Introduced by ch. 2 of the exchange of letters of 22 Dec. 1975, effective since 22 August 1976 (RS 0.631.256.913.631 ).

Art. 4 Official legitimation card

The staff of public authorities and public transport companies can cross the border in the performance of their duties in the light of a formal legitimation card with a photograph. Its stay in the border area of the other Contracting Party must be limited to the duration of its official activity.

Art. 5 Border Crossing

The border can only be crossed at officially authorized border posts and only during the fixed hours of passage; s. 6, 7, 8 and 10 are reserved.

Art. 6 Crossing of the border outside authorized border crossings and fixed hours of transit

(1) The inhabitants of frontier zones who have a legitimate interest in crossing the border outside authorised border posts and of fixed hours of passage may obtain the necessary authorisation from the competent authorities of the State of Home. Such authorization shall indicate the points at which the boundary may be crossed and the permitted passage haures.

(2) The authorization shall be issued only to holders of a voucher valid for the crossing of the border; it shall contain the name, first name and date of birth of the holder. Until the age of 16, children may be registered in the authorization of their legal representative.

(3) The period of validity of the authorisation shall not exceed that of the legitimising room allowing the passage of the border. If the authorisation is granted to the holder of a Swiss or Liechtenstein passport, the validity of the authorisation may exceed 5 years at the latest.

(4) The authorization and its contents shall be brought promptly to the knowledge of the competent authority of the other Contracting Party.

(5) If there are special conditions in municipalities located close to the border, the competent authorities of the contracting parties may, by mutual agreement and with the consent of the customs authorities, designate posts The borders by which the inhabitants of these communes, who carry a valid piece of legitimation, can cross the border without special permission and outside the prescribed hours.

Art. 7 Crossing the border through walking paths

(1) Nationals of each Contracting Party, as well as nationals of third States who are not subject to the visa requirement in the other Contracting Party, may cross the border as a walker by the footpaths Designated for this purpose, if they are in possession of a valid piece of legitimation for crossing the border.

(2) The competent authorities of the Contracting Parties shall designate by common agreement the footpaths entering into the account and the hours during which the passage of the border is authorized by those paths.

Art. 8 Border traffic on Lake Constance and the Upper Rhine

(1) Nationals of each Contracting Party, as well as nationals of third States who are not subject to the visa requirement in the other Contracting Party, may, with a special authorisation, land the shores of Lake Constance And from the upper Rhine and then leave outside authorized border posts or fixed hours of passage, when using boats which are not used for the professional transport of persons.

(2) It is open to waive, in general or for certain groups of persons, an authorisation in such cases.

Art. Obligation to carry the pieces of legitimation on their own

(1) A border card, an excursion pass or an authorization under s. 6 or 8 must be in the possession of the holder at the time of the border crossing; they shall be presented, upon request, to the officials responsible for the control. In respect of the pass for excursions, this obligation extends to the identity document in the light of which it was issued and, for the authorisation according to Art. 6 or 8, the piece of legitimation that must accompany it.

(2) The obligation to carry these documents on their own falls to farmers and their staff when crossing the border to operate land in the neighbouring border area.

Art. 10 Crossing the Border to Help

The border may be crossed at any time and even outside authorised border posts, without complying with the usual requirements, if it is necessary to do so in order to provide assistance in the border areas or To request in the event of accident or disaster.

Art. 11 Refusal and Withdrawal

(1) The issuance of a border card, an excursion pass or an authorization under s. 6 or 8 will be refused if there is evidence to allow the applicant to make improper use of the requested title, in particular that it will contravene or evade the requirements on the import, export or transit of goods and And that it shall not be held at the prescribed stations for the crossing of the border or the hours fixed for that purpose.

(2) A border card, an excursion pass or an authorization under section 6 or 8 will be removed when there are facts that would have justified a refusal or when such facts are known after the fact. They will also be withdrawn if the authorities responsible for border control in the other Contracting Party so request and there is no objection to them by domestic law. The removal of the border card or authorization under s. 6 shall be communicated without delay to the authority responsible for border control in the other Contracting Party.

(3) In the event of abuse, officials responsible for border control in the Contracting Parties will be able to enter border maps, passes for excursions or authorizations according to Art. 6. Seized documents must be sent without delay to the issuing authority, with an indication of the reason for the seizure. This authority will rule on the withdrawal.

(4) It may be refused, without stating the reasons, to countersign, in accordance with s. 2, para. 2, the border card issued to a third-country national.

Art. 12 Competent Authorities

The Contracting Parties shall notify each other, through diplomatic channels, of the state of the competent authorities within the meaning of this Agreement.

Art. 13 Resuming people

Each Contracting Party shall, at all times and without formalities, resume persons who have entered the territory of the other Contracting Party in favour of the facilities granted by this Agreement.

Art. 14 Reserved Requirements

The requirements of the Contracting Parties shall be reserved for:

1.
Refoulement, removal or expulsion of foreigners and the pursuit of a gainful occupation by foreigners;
2.
The import, export and transit of goods and vehicles, including customs requirements.
Art. 15 Application to the Land Berlin

This Agreement shall also apply to the Land Berlin, unless the Government of the Federal Republic of Germany makes a declaration contrary to the Swiss Federal Council within 3 months of its entry into force.

Art. 16 Temporary suspension of the implementation of the agreement

Each Contracting Party may temporarily suspend, in whole or in part, the application of this Agreement for reasons relating to security or public order. Such suspension shall be made without delay to the knowledge of the other Contracting Party through diplomatic channels.

Art. 17 Entry into force, duration of validity and termination

(1) The agreement shall be brought into force by an exchange of notes, which shall take place as soon as the conditions laid down in the Constitution are fulfilled in each of the two States.

(2) The agreement shall be concluded for a period of one year. It shall be renewed each time for a period of one year, unless it has been denounced 6 months before the end of the year.

Art. 18 Final provisions

(1) The Convention of 25 January 1952 1 Concerning the movement of persons in small border traffic shall cease to be applicable at the time of entry into force of this Agreement, as well as all the requirements and conventions of the German and Swiss authorities of the regions Borders which relate to local border traffic and are contrary to the provisions of that agreement.

(2) Nationals of each Contracting Party who are domiciled in the border area may enter the border area of the other Contracting Party in order to engage in a gainful occupation and stay there for at least three days in the absence of Only a border card, but also a valid passport or identity card. The provisions of domestic law relating to the exercise of a gainful occupation are reserved.

(3) Border cards issued pursuant to the Convention of 25 January 1952 shall remain valid; however, the validity of the maps shall not be extended.

Done at Bonn on 21 May 1970, in two originals, in German.


1 [RO 1953 4]


For the

Swiss Federal Council:

For the Government

From the Federal Republic of Germany:

Hans Lacher

G. F. Duckwitz


RO 1970 1020


1 The original text is published, under the same number, in the German edition of this compendium.


Status November 5, 1999