Key Benefits:
(State on 13 October 2009)
Translation 1
Embassy of Switzerland |
Rome, 7 August 2009 |
In Italy |
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Dear Minister: |
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Altero Matteoli |
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Ministry of Infrastructure and Transport |
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Rome |
Dear Minister,
Directive 2004 /54/EC on minimum safety requirements for tunnels in the trans-European road network (hereinafter: the Directive) applies to the Grand-Saint-Bernard road tunnel. The Directive provides for the appointment of various bodies, including an Administrative Authority and a Monitoring Entity.
The Italian Legislative Decree n O 264 of 5 October 2006 for the implementation of the Directive and the decision of the Swiss Federal Council of 17 June 2009 for the application of this Directive provide for the above-mentioned functions to be assigned to the Italian-Swiss Joint Commission of the Grand-Saint-Bernard.
The Joint Commission was established by the Convention of 23 May 1958 between the Swiss Confederation and the Italian Republic on the construction and operation of the road tunnel under the Grand-Saint-Bernard 2 The task of the Joint Commission is to ensure the proper functioning of the Convention and to smooth out any difficulties that may arise from its application.
At the meeting in Aosta on 30 and 31 October 2008, the Joint Commission proposed that s. 9 of the 1958 Italian-Swiss Convention on the creation of the Joint Commission should be interpreted in such a way as to include in the tasks of the Commission also those deriving from the application of the Directive.
As a result, I propose that s. 9 of the Convention of 23 May 1958 between the Swiss Confederation and the Italian Republic on the construction and operation of the road tunnel under the Grand-Saint-Bernard is to be interpreted in such a way as to include in the Joint Italian-Swiss Commission of the Grand-Saint-Bernard Tunnel as well as the Administrative Authority and Control Entity under Art. 4 and 7 of the Directive. In carrying out these tasks, the Joint Commission will be assisted by a Technical Committee.
Accordingly, I have the honour to propose that this letter and your reply constitute an agreement between our two complementary Governments to the Convention of 23 May 1958 between the Swiss Confederation and the Italian Republic relating to the Construction and operation of the road tunnel under the Grand-Saint-Bernard. This Exchange of Letters shall enter into force on the date of receipt of the second of the two notifications by which the Contracting Parties have officially communicated the completion of the internal procedures for ratification and May be terminated by six months' notice.
I would ask you to accept, Minister, the expression of my distinguished consideration.
Chargé d' affaires a.i. of Switzerland |
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The Minister of Infrastructure |
Rome, 7 September 2009 |
And Transportation |
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Dear Minister: |
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Mauro Romano Reina |
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Chargé d' affaires a.i. Embassy of Switzerland |
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Rome |
Dear Minister,
I have the honour to refer to your letter of 7 August 2009, annexed to the note verbale of the Embassy of Switzerland in Italy No. 0424 of 7 August, the contents of which are as follows:
" Directive 2004 /54/EC concerning minimum safety requirements for tunnels in the trans-European road network (hereinafter: the Directive) applies to the Grand-Saint-Bernard road tunnel. The Directive provides for the appointment of various bodies, including an Administrative Authority and a Monitoring Entity.
The Italian Legislative Decree No. 264 of 5 October 2006 for the implementation of the Directive and the decision of the Swiss Federal Council of 17 June 2009 for the application of this Directive provide for the above-mentioned functions to be assigned to the Commission Joint Italian-Swiss tunnel of the Grand-Saint-Bernard Tunnel.
The Joint Commission was established by the Convention of 23 May 1958 between the Swiss Confederation and the Italian Republic on the construction and operation of the road tunnel under the Grand-Saint-Bernard 3 The task of the Joint Commission is to ensure the proper functioning of the Convention and to smooth out any difficulties that may arise from its application.
At the meeting in Aosta on 30 and 31 October 2008, the Joint Commission proposed that s. 9 of the 1958 Italian-Swiss Convention on the creation of the Joint Commission should be interpreted in such a way as to include in the tasks of the Commission also those deriving from the application of the Directive.
As a result, I propose that s. 9 of the Convention of 23 May 1958 between the Swiss Confederation and the Italian Republic on the construction and operation of the road tunnel under the Grand-Saint-Bernard is to be interpreted in such a way as to include in the Joint Italian-Swiss Commission of the Grand-Saint-Bernard Tunnel as well as the Administrative Authority and Control Entity under Art. 4 and 7 of the Directive. In carrying out these tasks, the Joint Commission shall be assisted by a Technical Committee."
I have the honour to inform you that the Italian Government agrees with the above and that this Exchange of Letters, which constitutes an agreement between our two complementary Governments to the Convention of 23 May 1958 between Confederation Switzerland and the Italian Republic relating to the construction and operation of the road tunnel under the Grand-Saint-Bernard, will enter into force on the date of receipt of the second of the two notifications by which the Contracting Parties Will be officially communicated the completion of internal ratification procedures And may be terminated by six months' notice.
I would ask you to accept, Minister, the expression of my distinguished consideration.
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