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RS 0.631.256.916.33 Agreement of 13 June 1973 between the Swiss Confederation and the Republic of Austria concerning the movement of persons in local border traffic

Original Language Title: RS 0.631.256.916.33 Accord du 13 juin 1973 entre la Confédération suisse et la République d’Autriche concernant le mouvement des personnes dans le petit trafic frontalier

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0.631.256.916.33

Translation 1

Agreement between the Swiss Confederation and the Republic of Austria concerning the movement of persons in local border traffic

Concluded on 13 June 1973
Instruments of ratification exchanged on 11 February 1974
Entered into force on 12 April 1974

The Swiss Confederation and the Republic of Austria

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

Art. 1 Border zones

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

(2) The following shall be considered as frontier zones within the meaning of this Agreement:

1.
For Switzerland and Liechtenstein:
(a)
The cantons of Saint-Gall, Appenzell Outer Rhodes, Appenzell Inner Rhodes, Thurgovie, and, in the canton of Grisons, the districts of Plessur, Imboden, Oberlandquart and Unterlandquart, as well as the Engadine, the valley of Münster and the commune Samnaun;
(b)
The Principality of Liechtenstein;
2.
For Austria:
Land Vorarlberg and the political district of Landeck.
Art. 2 Border Map

(1) The competent authorities of the home State may issue border maps to nationals of Contracting Parties and to third-country nationals and stateless persons authorised to stay in a Contracting Party In the case of persons domiciled in the border area.

(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 Contracting Party for no more than three days without a special residence permit. Where a border card is issued to a national of a third State or to a stateless person, the other Contracting Party shall be notified within eight days. The police of the foreigners of the canton of St. Gallen will advise the management of the Sûreté du Land Vorarlberg and vice versa.

(3) Up to the age of 15, children may be registered on the border card of their parents, or of one of them, or of another legal representative; the internal requirements in force in each of the Contracting Parties for their Registration in passports shall apply mutatis mutandis.

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

(5) The border map has a format of 10.5 x 15 cm and consists of four pages. It must be equipped with a photograph of the holder and contain the following personal information: surname, first name, date of birth, nationality and address of residence. It must also refer to the authorities that issued it, the date of issue, the duration of validity and a space reserved for the extension of the validity and registration of children. The border card must be signed by the holder.

Art. 3 Pass for excursions

(1) A pass for excursions may be issued to nationals of Contracting Parties as well as to nationals of third States and stateless persons not subject to the visa requirement in the other Contracting Party, irrespective of the place of Their home.

(2) For humanitarian reasons, third-country nationals and stateless persons may, even if they are subject to the visa requirement in the other Contracting Party, benefit from a pass for excursions issued respectively by the The police of the foreigners of the cantons located in the border area or the Liechtenstein passport office and the direction of the Sûreté du Land of Tyrol or the direction of the Sûreté du Vorarlberg.

(3) A collective pass may be issued to nationals of Contracting Parties, third-country nationals and stateless persons who cross the border into groups of at least five persons.

(4) The issuance of a pass to children aged 15 years or older, and the registration of children aged 15 years or older in another person's laissez-passer or in a collective pass, require the approval of the legal representative. This approval may be disregarded for registration in another person's laissez-passer or in a collective pass if it is appropriate to admit that the legal representative consents to such registration.

(5) The individual pass and collective pass are valid for seven days. Presented with an official piece of identification with a photograph, they give the right during their validity to cross the border several times and to stay without special residence permits in the border area of the other party Contracting Party. Children who are 15 years of age or older in the pass of another person or in a group pass do not need an official piece of identification with a photograph.

(6) The individual pass has a format of 10.5 x 15 cm and consists of two pages; it shall contain, in addition to the mention of the authorities which issued it and the date of issue, the name, first name and nationality of the holder, as well as a space Reserved for the registration of children, indicating their name, first name and date of birth.

(7) The collective pass shall contain, in addition to the reference to the authorities that issued it and the date of issue, the name, first name and nationality of each person who is registered. For children aged 15 years and older, the name, given name and date of birth will be indicated.

(8) Persons travelling to the border area of the other Contracting Party by means of an individual or collective pass shall not be permitted to engage in a gainful occupation.

Art. 4 Official legitimation card

The staff of the public administration, the administration of posts, telephones and telegraphs and the railways of the contracting parties may cross the border in the performance of their duties in the light of an official legitimation card, With a photograph, issued by the service on which the agent depends, and stay in the border area of the other Contracting Party for the duration of its official activity.

Art. 5 Border Crossing

The crossing of the border in the context of local border traffic shall be authorized at the crossing points provided for in the provisions of the internal law of each Contracting Party or by this Agreement.

Art. 6 Crossing the border on Lake Constance and the Old Rhine

Nationals of Contracting Parties as well as nationals of third States and stateless persons not subject to the visa requirement in the other Contracting Party may land the territory of the Contracting Parties which borders the lake of Constance and the Old Rhine up to the customs bridge of Rheineck-Gaissau, and then leave again, if they carry a valid travel document for the crossing of the border and if they use boats that are not used in the Professional transportation of persons or goods.

Art. 7 Crossing the border into a mountain region

Nationals of Contracting Parties as well as nationals of third States and stateless persons not subject to the visa requirement in the other Contracting Party may, if they carry an official legitimation part with a Photograph, cross the border on excursions in mountain regions and stay in the border area of the other Contracting Party within a radius of five kilometres from the border and for a period not exceeding three days. The mountain range extends from Mistelmark, on the border of Austria-liechtenstei, to Piz Lad, a meeting point for the three countries' borders.

Art. 8 Crossing the border through walking paths outside the mountain region

(1) Nationals of Contracting Parties, as well as nationals of third States and stateless persons not subject to the requirement of the visa in the other Contracting Party, may, if they carry a document of official legitimation provided From a photograph, cross the border as a walker by the designated walking paths for this purpose.

(2) The walking paths through which the crossing of the border is authorized shall be designated in accordance with the provisions of the domestic law of each Contracting Party. The competent authorities of the Contracting Parties will make direct contact with each other to determine whether the creation of a walking path is necessary.

Art. Border crossing for the operation of agricultural and forestry land

The owners and farmers of agricultural and forestry land situated on either side or near the border, as well as members of their families and workers, are allowed, if they carry a legitimising card Official with a photograph, cross the border within the limits of their terrain or by the path that leads directly to the operation's needs; however, they cannot enter further into the land Territory of the other Contracting Party.

Art. 10 Crossing the Border to Help

The border may be crossed, regardless of the usual requirements, to carry or request assistance in the border areas in the event of an accident or disaster.

Art. 11 Refusal and withdrawal of documents

(1) The issuance of the border card will be refused where, under the domestic law of the contracting parties, a passport cannot be issued.

(2) The issue of an individual pass for excursions or a collective pass for excursions will be refused when there are indications that the applicant, during his or her stay in the territory of the other Contracting Party, may infringe the provisions of domestic law in force.

(3) A border card and an excursion pass will be removed when facts occur that would have justified a refusal or when such facts are known after the fact. They will also be withdrawn when requested by the competent authorities of the other Contracting Party.

(4) In case of abuse, border control services in the Contracting Parties will be able to enter border maps and passes for excursions. 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.

Art. 12 Competent Authorities

(1) In so far as this Agreement does not provide otherwise, the competent authorities shall:

1.
In Switzerland: The police divisions of the cantons that belong to the border area and the offices designated by them;
2.
In the Principality of Liechtenstein: The Government of the Principality of Liechtenstein and the offices designated by it;
3.
In Austria: The administrative authorities of the districts located in the border area are also responsible for the issuing of individual and collective passes for excursions, the communes designated by the administrative authorities of the districts in To speed up the grant procedure, as well as border posts at the common border.

(2) The Contracting Parties shall notify each other of the status of the designated Offices in accordance with paragraph 1, numbers 1 and 2, and the status of the municipalities designated under paragraph 1, number 3. The communication will be made by the Federal Department of Justice and Police in the Federal Ministry of the Interior and vice versa.

Art. 13 Resuming people

Contracting persons shall, at all times and without formality, resume persons who have entered the territory of the other Contracting Party in favour of this Agreement.

Art. 14 Reserved Requirements

The following are reserved in the Contracting Parties:

1.
Requirements on refoulement, removal or expulsion of aliens and stateless persons, as well as, to the extent that Article 3, paragraph 8, is not applicable, the requirements for the pursuit of a gainful occupation by foreigners and Stateless persons;
2.
Legal requirements in customs matters and other requirements for the import, export and transit of goods and vehicles.
Art. 15 Temporary suspension of the implementation of the agreement

Each Contracting Party may temporarily suspend, in whole or in part, with the exception of Article 13, the application of this Agreement for reasons relating to security or public order. The suspension shall be promptly brought to the attention of the other Contracting Party by diplomatic means.

Art. 16 Entry into force, duration of validity and termination

(1) This Agreement shall be ratified. It will enter into force 60 days after the exchange of instruments of ratification.

(2) The agreement shall be concluded for a period of one year. It is renewed from year to year, unless it is denounced in writing and through diplomatic channels six months before the end of a year.

(3) Denunciation shall not affect the obligation to take over persons according to Art. 13.

Art. 17 Final provisions

(1) The Convention of 30 May 1950 1 Between Switzerland and Austria concerning the movement of persons in local border traffic shall cease to be applicable at the time of entry into force of this Agreement.

(2) Border maps and passes for individual and group excursions issued by the Swiss and Liechtenstein authorities in the context of the small border traffic between Switzerland and Liechtenstein on the one hand and the Republic German Federal Republic of Germany on the other hand gives the right to transit through the Land Vorarlberg, unless their holder is subject to the visa requirement in the Republic of Austria.

(3) Border cards and passes for individual and group excursions issued by the Austrian authorities in connection with the small border traffic between Austria and the Federal Republic of Germany give rise to the right of Transit through the Principality of Liechtenstein and the cantons of Saint-Gall and Thurgau, unless their holder is subject to the visa requirement in Switzerland.

(4) Border cards issued under the Convention of 30 May 1950 shall remain valid; however, the validity of the maps shall not be extended.

Done at Vienna on 13 June 1973, in two originals in the German language.


1 [RO 1950 II 781]


For the

Swiss Confederation:

For the

Republic of Austria:

O. Rossetti

Rudolf Kirchschläger


RO 1974 693


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


State 11. July 2006