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RS 0.725.151.1 Exchange of letters of 7 August and 7 September 2009 between Switzerland and Italy for the application to the Grand-Saint-Bernard Tunnel of the European Directive concerning minimum safety requirements for tunnels in the transect road netw

Original Language Title: RS 0.725.151.1 Echange de lettres des 7 août et 7 septembre 2009 entre la Suisse et l’Italie pour l’application au tunnel du Grand-Saint-Bernard de la directive européenne concernant les exigences de sécurité minimales aux tunnels du réseau routier transe

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0.725.151.1

Exchange of letters of 7 August and 7 September 2009

Between Switzerland and Italy for the application to the Grand-Saint-Bernard Tunnel of the European Directive on minimum safety requirements for tunnels in the trans-European road network

Entered into force by exchange of notes on 13 October 2009

(State on 13 October 2009)

Translation 1

Embassy of Switzerland

Rome, 7 August 2009

In Italy

Dear Minister:

Altero Matteoli

Ministry of Infrastructure and Transport

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

Mauro Romano Reina

The Minister of Infrastructure

Rome, 7 September 2009

And Transportation

Dear Minister:

Mauro Romano Reina

Chargé d' affaires a.i. Embassy of Switzerland

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.

Altero Matteoli


RO 2010 2143


1 Translation of the original Italian text (RU 2010 2143).
2 RS 0.725.151
3 RS 0.725.151


Status on 13 October 2009