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RS 0.747.224.31 Treaty of 1er June 1973 between the Swiss Confederation and the Federal Republic of Germany relating to navigation on the Lower Lake and the Rhine between Constance and Schaffhausen

Original Language Title: RS 0.747.224.31 Traité du 1er juin 1973 entre la Confédération suisse et la République fédérale d’Allemagne relatif à la navigation sur le lac Inférieur et le Rhin entre Constance et Schaffhouse

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0.747.224.31

Translation

Treaty between the Swiss Confederation and the Federal Republic of Germany relating to navigation on the Lower Lake and the Rhine between Constance and Schaffhausen

Conclu 1 Er June 1973
Approved by the Federal Assembly on June 26, 1974 1
Instruments of ratification exchanged on 20 November 1975
Entered into force on 1 Er January 1976

The Swiss Confederation and the Federal Republic of Germany

Animated by desire, in accordance with art. 1, c. 3, of the Convention on the Navigation of Lake Constance of 1 Er June 1973 2 To replace the Convention of September 28, 1867 3 Between Switzerland and the Grand Duchy of Baden establishing an international regulation for the navigation and service of ports on the Lower Lake and the Rhine between Constance and Schaffhausen by a new Treaty and uniform requirements for the Navigation,

Agreed to the following:

Chapter I General provisions

Art. 1

This Treaty regulates navigation on the Lower Lake and on the Rhine River between Constance (road and rail bridges) and Schaffhausen (Schaffhouse-Feuerthalen road bridge).

Art. 2

(1) Navigation shall be free for each person, subject to the observance of the provisions of this Treaty and the requirements laid down in accordance with Art. 6.

(2) The Contracting States shall treat all vessels which have the right to navigation in accordance with this Treaty and the requirements laid down in accordance with Art. 6.

Art. 3

The mere docking of a boat in the ports and in the boarding areas accessible to the public is free. Nevertheless, fees may be payable for special benefits provided in these ports or places of boarding, subject to the observation of art. 2, para. 2.

Art. 4

The Contracting States shall ensure that navigation is not impeded by any construction or installations or in any way other than to the extent that this appears inevitable in order to safeguard other public interests. They shall inform each other of construction projects on the banks or in the waters of the Rhine, and they shall agree to carry out such projects when such projects may constitute obstacles to navigation.

Art. 5

The Contracting States shall take together the measures required for the signs on the parts of the river where the channel varies. Each Contracting State shall bear half of the cost of the signs on the parts of the waterways located on the border.

Chapter II Uniform provisions for navigation

Art. 6

The Contracting States shall bring into force the requirements laid down on the basis of the Convention on the Navigation of Lake Constance 1 (navigation requirements). To the extent that particular local situations so require, they may make special requirements in application, by analogy, of art. 5 of the Convention (special navigation requirements).


Art. 7

(1) Vessels shall require, to the extent provided for in the requirements laid down in accordance with Art. 6, of a traffic permit issued by the competent State in accordance with para. 2.

(2) The State in which the vessel has its normal place of parking shall be competent to issue a traffic permit. If the vessel does not have a common place of parking in one of the Contracting States, the competent State shall be the State in which the owner habitually resides. If none of these conditions is fulfilled, each Contracting State shall have jurisdiction. The State which issued the authorisation is also competent for any change and withdrawal.

(3) Each State may make the grant of a movement permit conditional on the existence of a liability insurance.

Art. 8

(1) To operate a vessel, an authorization or a driving licence issued by the competent State under para. 2 is necessary, insofar as this is provided for in the requirements laid down in accordance with Art. 6.

(2) The State in which the applicant has his habitual residence shall be competent to issue an authorization or a driving licence. If the applicant does not have a habitual residence in one of the Contracting States, each Contracting State shall have jurisdiction to issue the authorization or permit. The State which issued the authorisation or permit is also competent for any change and withdrawal.

Art.

The navigation permit and the authorisations or driving licences for vessels or any other authorisations which have been granted by one of the Contracting States on the basis of the Convention on the Navigation of Lake Constance 1 And requirements for navigation, shall also be valid in the sphere of application of this Treaty, unless the special navigation requirements provide for exceptions.


Art. 10

Each Contracting State may, in addition to the provisions of this Chapter, issue special requirements for the exercise of navigation in a professional capacity.

Chapter III Application of the Treaty

Art. 11

(1) Each Contracting State shall apply this Treaty and the requirements laid down in accordance with Art. 6 on its territory.

(2) Without prejudice to the provision of first paragraph, the bodies of a Contracting State shall be entitled to observe facts and to take other measures which may not be deferred also in the territory of the other Contracting State, When they observe, in particular in connection with an accident, facts which make it possible to strongly suspect a serious breach of the navigation requirements, or when they pursue a vessel which has been used to commit such an offence. It is not permitted to detain individuals.

(3) The bodies of a Contracting State shall also be entitled to take the measures referred to in para. 2 on Lower Lake, if they act in accordance with an application by the other Contracting State in the territory of the latter, in particular for the purpose of settling traffic or on the occasion of exceptional events.

Chapter IV Final provisions

Art. 12

The provisions of this Treaty are complemented by the Additional Protocol to the Convention on the Navigation of Lake Constance 1 .


Art. 13

This Treaty shall also be valid for the Land of Berlin unless the Government of the Federal Republic of Germany makes a declaration contrary to the Government of the Swiss Confederation within three months from the entry into force of the Of the Treaty.

Art. 14

This Treaty shall be subject to ratification. The instruments of ratification will be exchanged in Bern.

Art. 15

(1) This Treaty shall be concluded for an indefinite period. It shall enter into force on the first day of the second month following the end of the month in which the instruments of ratification have been exchanged.

(2) This Treaty may be denounced in writing and by diplomatic means. The denunciation shall be effective at the end of the following calendar year.

(3) In the event of the termination of this Treaty, the Contracting States shall immediately enter into negotiations for a new regulation of navigation on the Lower Lake and the Rhine River between Constance and Schaffhausen. This Treaty shall continue to be applied until the entry into force of a new regulation.

Art. 16

(1) All Conventions, Protocols and other agreements concerning the regulation of navigation on the Lower Lake and on the Rhine River between Constance and Schaffhausen shall be repealed as of the entry into force of this Treaty. Convention of September 28, 1867 1 Between Switzerland and the Grand Duchy of Baden establishing an international regulation for the navigation and service of ports on the Lower Lake and the Rhine between Constance and Schaffhausen, the Schaffhausen Protocol of 13 May 1893 2 As well as the agreements of 10 November 1899/6 January 1900 16/18 June 1915 26/27 April 1927 and 8 December 1933.

(2) The Contracting States shall continue to apply the current requirements for navigation on the basis of the conventions, protocols and agreements referred to in paragraph 1, as well as the conventions, protocols and agreements themselves to the extent that They contain requirements for navigation, but not more than three years after the entry into force of this Treaty.

In Faith What, The undersigned, duly authorized, have signed this Treaty.

Dated on Lake Constance 1 Er June 1973, in two originals in German.


1 [RS 13 446]
2 [RS 13 458]


For the

Swiss Confederation:

For the

Federal Republic of Germany:

Diez

Frank


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


1 RO 1976 17
2 RS 0.747.223.11
3 [RS 13 446]


State 11. July 2006