22002A0430(03)
Agreement between the European Community and the Swiss Confederation
on the Carriage of Goods and Passengers by Rail and Road - Final Act
- Joint Declarations - Information relating to the entry into force
of the seven Agreements with the Swiss Confederation in the sectors
free movement of persons, air and land transport, public
procurement, scientific and technological cooperation, mutual
recognition in relation to conformity assessment, and trade in
agricultural products
Dates:
of document: 21/06/1999
of effect: 01/06/2002; Entry into force See Art 58 And OJ L
114/2002 P. 480
of signature: 21/06/1999; Luxembourg
end of validity: 99/99/9999; See Art. 58.2
Authentic language: The official languages ; German ; English ;
Danish ; Spanish ; Finnish ; French ; Greek ; Italian ; Dutch ;
Portuguese ; Swedish
Author:
European Community ; Switzerland
Subject matter: External relations ; Cooperation ; Transport
Directory code: 11401010
EUROVOC descriptor: EC agreement ; Switzerland ; carriage of goods ;
carriage of passengers ; rail transport ; road transport ; market
access
Legal basis:
157A101-L2................ Adoption
197E300-P2L1FR2........... Adoption
197E300-P3L2.............. Adoption
197E300-P4................ Adoption
197E310................... Adoption
Instruments cited:
392R0684..................
392R0881..................
294A0103(45)..............
396D1692..................
Earlier related instruments:
202A0430(01)......Relation......
202A0430(02)......Relation......
202A0430(04)......Relation......
202A0430(05)......Relation......
202A0430(06)......Relation......
202A0430(07)......Relation......
Amended by:
Adopted by.... 302D0309..........
Subsequent related instruments:
Relation...... 202A0430(01)......
Relation...... 202A0430(02)......
Relation...... 202A0430(04)......
Relation...... 202A0430(05)......
Relation...... 202A0430(06)......
Relation...... 202A0430(07)......
Agreement
between the European Community and the Swiss Confederation on the
Carriage of Goods and Passengers by Rail and Road
THE SWISS CONFEDERATION, hereinafter referred to as "Switzerland",
of the one part,
THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community",
of the other part,
together hereinafter referred to as "the Contracting Parties",
AWARE of the mutual interest of the Contracting Parties in promoting
cooperation and trade, in particular by granting each other access
to the transport market, as provided for under Article 13 of the
Agreement between the European Economic Community and the Swiss
Confederation on the Carriage of Goods by Road and Rail of 2 May
1992, hereinafter referred to as the 1992 Agreement,
DESIROUS of developing a coordinated transport policy aimed at
encouraging the use of means of transporting passengers and goods
that are more environmentally sound in a bid to combine
environmental protection with transport systems efficiency, notably
in the Alpine region,
DESIROUS of ensuring healthy competition between the various modes
of transport and whereas these modes of transport should cover the
costs they incur,
AWARE of the need to ensure consistency between Swiss transport
policy and the general principles underlying the Community's
transport policy, particularly in the context of the implementation
of a coordinated legislative and regulatory framework,
HAVE AGREED AS FOLLOWS:
TITLE I
GENERAL PROVISIONS
Article 1
General principles and objectives
1. This Agreement between the Community and Switzerland is aimed, on
the one hand, at liberalising access by the Contracting Parties to
each other's transport market for the carriage of passengers and
goods by road and rail in such a way as to ensure the more efficient
management of traffic using routes which, from a technical,
geographical and economic viewpoint, are most suitable for all the
modes of transport covered by the Agreement and, on the other, at
laying the basis for a coordinated transport policy.
2. The provisions of the Agreement and their application are based
on the principles of reciprocity and free choice of mode of
transport.
3. The Contracting Parties undertake not to take discriminatory
measures when applying this Agreement.
Article 2
Scope
1. This Agreement shall apply to the two-way carriage of goods and
passengers by road between the Contracting Parties, to through
traffic crossing the territory of the Parties, without prejudice to
the 1992 Agreement and subject to Article 7(3), to the carriage by
road of passengers and goods on a triangular basis and to Swiss home
trade.
2. This Agreement shall apply to the international carriage by rail
of passengers and goods and to combined international transport. It
shall not apply to railway undertakings whose activities are limited
solely to urban, suburban or regional operations.
3. This Agreement shall apply to transport operations carried out by
road transport undertakings or by railway undertakings established
in one of the Contracting Parties.
Article 3
Definitions
1. Road transport
For the purposes of this Agreement:
- "the occupation of road haulage operator" shall mean the activity
of any undertaking transporting goods for hire or reward by means of
either a motor vehicle or a combination of vehicles,
- "the occupation of road passenger transport operator" shall mean
the activity of any undertaking engaged, for hire or reward, in the
international carriage of passengers by coach or bus,
- "undertaking" shall mean any natural person, any legal person,
whether profit-making or not, any association or group of persons
without legal personality, whether profit-making or not, or any
official body, whether having its own legal personality or being
dependent upon an authority having such personality,
- "vehicle" shall mean a motor vehicle registered in the territory
of a Contracting Party or a combination of vehicles of which at
least the tractive unit is registered in the territory of a
Contracting Party and intended exclusively for the carriage of
goods, or any motor vehicle so constructed and equipped as to be
suitable for carrying more than nine persons, including the driver,
and intended for that purpose,
- "international carriage" shall mean a journey undertaken by a
vehicle, the point of departure of which is on the territory of one
Contracting Party and the destination of which is on the territory
of the other Contracting Party or in a third country, or vice versa,
and the movement of an unladen vehicle in connection with the
aforesaid journey; if the point of departure or the destination of
the journey is located in a third country, carriage must be effected
by a vehicle registered in the Contracting Party where the point of
departure or the destination of the journey is located,
- "transit" shall mean the carriage of goods or passengers (without
loading or unloading) and the movement of unladen vehicles across
the territory of a Contracting Party,
- "Swiss home trade" shall mean any carriage of goods for hire or
reward from one Member State of the Community to another Member
State by a vehicle registered in Switzerland, whether or not, in the
course of the same journey and using the normal route, the vehicle
travels through Switzerland,
- "triangular transport operations involving third countries" shall
mean any carriage of passengers or goods from the territory of one
Contracting Party to a third country, and vice versa, by a vehicle
registered in the territory of the other Contracting Party, whether
or not, in the course of the same journey and using the normal
route, the vehicle travels through the country in which it is
registered,
- "authorisation" shall mean the authorisation, licence or
concession required under the legislation of the Contracting Party.
2. Rail transport
For the purposes of this Agreement:
- "railway undertaking" shall mean any private or public undertaking
whose main business is to provide rail transport services for goods
and/or passengers with a requirement that the undertaking should
ensure traction; such traction may be provided using rolling stock
that is not the property of the railway undertaking concerned and
using staff who are not directly employed by the railway undertaking
concerned,
- "international grouping" shall mean any association of at least
two railway undertakings established in different Member States of
the Community, or, in the case of one of them, in Switzerland, for
the purpose of providing international transport services between
the Community and Switzerland,
- "infrastructure manager" shall mean any public body or undertaking
responsible in particular for establishing and maintaining railway
infrastructure, as well as for operating the control and safety
systems,
- "licence" shall mean an authorisation issued by the competent
authority of a Contracting Party to an undertaking, by which its
capacity as a railway undertaking is recognised. That capacity may
be limited to the operation of specific types of transport services,
- "licensing authority" shall mean the body charged by each
Contracting Party with the issue of licences,
- "train path" shall mean the infrastructure capacity needed to run
a train between two places at a given time,
- "allocation" shall mean the allocation of railway infrastructure
capacity by an allocation body,
- "allocation body" shall mean the authority and/or infrastructure
manager designated by one of the Contracting Parties for the
allocation of infrastructure capacity,
- "urban and suburban services" shall mean transport services
operated to meet the transport needs of an urban centre or
conurbation, as well as the transport needs between such centre or
conurbation and surrounding areas,
- "regional services" shall mean transport services operated to meet
the transport needs of a region,
- "combined transport" shall mean the carriage of goods by heavy
goods vehicles or loading units which complete part of their journey
by rail as well as begin and/or end the journey by road,
- "competitive rail transport prices": rail transport prices shall
be considered competitive if the average rail transport prices in
Switzerland are no higher than the road transport costs, as defined
in Annex 9, for a similar route.
Article 4
Reservation under the 1992 Agreement
Subject to the derogations introduced under this Agreement, the
rights and obligations of the Contracting Parties arising from the
1992 Agreement shall not be affected by the provisions of this
Agreement.
TITLE II
INTERNATIONAL ROAD TRANSPORT
A. COMMON PROVISIONS
Article 5
Admission to the occupation
1. Undertakings wishing to operate as professional road hauliers
shall meet the following three requirements:
(a) good repute;
(b) appropriate financial fitness;
(c) professional competence.
2. The provisions applicable in this area are set out in section 1
of Annex 1.
Article 6
Social standards
The social provisions applicable in this area are set out in section
2 of Annex 1.
Article 7
Technical standards
1. Subject to the provisions of paragraphs 2 and 3, Switzerland
shall adopt, no later than six months after signature of this
Agreement, arrangements that are equivalent to Community legislation
on the technical conditions governing road transport, as set out in
section 3 of Annex 1.
2. Switzerland shall have a transitional period of two years, from
the date on which this Agreement enters into force, to make its
legislation relating to technical controls for vehicles equivalent
to Community law.
3. From 1 January 2001, the actual total laden weight limit applied
by Switzerland for articulated vehicles and road trains shall be 34
tonnes for all types of traffic.
From 1 January 2005, Switzerland shall make its legislation on the
maximum permissible weight limits for these vehicles in
international traffic equivalent to that in force in the Community
on the date of signature of the Agreement.
4. The introduction of the road-use charges defined in Article 40
shall proceed in parallel with the gradual increase in the weight
limit provided for in paragraph 3.
5. Each Contracting Party undertakes not to subject vehicles
approved in the territory of the other Contracting Party to
conditions that are more restrictive than those in force in its own
territory.
Article 8
Transitional arrangements governing the weight of vehicles
1. With a view to the gradual introduction of the definitive
arrangements defined in the second paragraph of Article 7(3), the
carriage of goods by means of a vehicle the actual total laden
weight of which is in excess of 28 t (before 31 December 2000) or 34
t (between 1 January 2001 and 31 December 2004) but does not exceed
40 t, from a point of departure in the Community for a destination
beyond the Swiss zone close to the frontier, as defined in Annex 6,
(and vice versa) or in transit across Switzerland shall be subject
to a quota based on the payment of a supplementary charge for use of
the infrastructure, in accordance with the procedures set out in
paragraphs 2, 3 and 4. In the case of vehicles registered in
Switzerland, this quota may also be used for transport operations
within Switzerland.
2. The Community shall receive a quota of 250000 authorisations for
the year 2000. Switzerland shall receive a quota of 250000
authorisations for the year 2000. In the event that the Agreement
does not enter into force on 1 January 2000, the number of
authorisations for the year 2000 shall be reduced on a pro rata
basis.
3. The Community shall receive a quota of 300000 authorisations for
the year 2001 and the year 2002. Switzerland shall receive a quota
of 300000 authorisations for the year 2001 and the year 2002.
4. The Community shall receive a quota of 400000 authorisations for
the year 2003 and the year 2004. Switzerland shall receive a quota
of 400000 authorisations for the year 2003 and the year 2004.
5. The use of the authorisations provided for in paragraphs 2, 3,
and 4 shall be subject, in the case of each operator, whether Swiss
or Community, to the payment of a charge for the use of the Swiss
infrastructure, calculated and levied in accordance with the
procedures laid down in Annex 2.
6. With effect from 1 January 2005, vehicles meeting the technical
standards laid down in the second paragraph of Article 7(3) shall be
exempt, under Article 32, from any quota or authorisation
arrangements.
B. INTERNATIONAL CARRIAGE OF GOODS BY ROAD
Article 9
Carriage of goods between the territories of the Contracting Parties
1. The international carriage of goods by road for hire or reward as
well as unladen journeys between the territories of the Contracting
Parties shall take place under the Community authorisation for
Community carriers, set out in Regulation (EEC) No 881/92 and of
which a model is given in Annex 3, and under a similar Swiss
authorisation for Swiss carriers.
2. In the case of transport operations falling within the scope of
this Agreement, these authorisations shall replace the bilateral
authorisations exchanged between the Member States of the Community
and Switzerland which were necessary until the entry into force of
this Agreement.
3. The transport operations referred to in Annex 4 shall be exempt
from any carriage authorisation and any system of licences.
4. The procedures governing the issuing, renewal and withdrawal of
authorisations and the procedures governing mutual assistance shall
be covered by the provisions of Regulation (EEC) No 881/92 for
Community carriers and by equivalent Swiss provisions.
Article 10
Carriage of goods in transit across the territory of the Contracting
Parties
1. The international carriage of goods for hire or reward as well as
movements of empty vehicles in transit across the territory of the
Contracting Parties shall be deregulated. These transport operations
shall be carried out under the licences referred to in Article 9.
2. Paragraphs 2, 3 and 4 of Article 9 shall apply.
Article 11
Transit across Austria
A system of ecopoints equivalent to that provided for under Article
11 of Protocol 9 of the Act of Accession of Austria to the European
Union shall apply to Swiss operators in transit across the territory
of Austria within the limits of validity of this Protocol. The
method of calculation and the detailed rules and procedures for the
management and control of the ecopoints shall be defined under an
administrative arrangement to be established by joint agreement
between the Contracting Parties on conclusion of this Agreement and
shall comply mutatis mutandis with the provisions of the aforesaid
Protocol 9.
Article 12
Swiss home trade
1. From 2001, Swiss home trade shall be permitted subject to the
following conditions:
- such transport operations shall be carried out under the Swiss
authorisation referred to in Article 9(1),
- they shall be restricted to a single transport operation, on the
return route, following on from the carriage of goods between
Switzerland and a Member State of the Community.
2. Until that date, however, it shall continue to be permissible to
exercise existing rights under the bilateral agreements in force.
These rights are listed in Annex 5 to this Agreement.
3. From 2005, Swiss home trade shall be totally deregulated.
Transport operations shall be carried out under the Swiss licence
referred to in Article 9(1).
Article 13
Triangular transport operations involving third countries
1. The arrangements governing triangular transport involving third
countries shall be determined by joint agreement on conclusion of
the necessary agreement between, on the one hand, the Community and
the third country in question and, on the other, Switzerland and the
third country in question. The purpose of these arrangements is to
ensure reciprocity of treatment between Community and Swiss
operators with respect to triangular transport.
2. Pending the conclusion of agreements between the Community and
the third countries concerned, this Agreement shall not affect the
provisions relating to triangular transport as set out in bilateral
agreements concluded between the Member States of the Community and
Switzerland concerning transport involving third countries. These
rights are listed in Annex 5 to this Agreement.
3. Following the definition of the arrangements referred to in
paragraph 1, Switzerland shall, as far as is necessary, conclude or
adapt bilateral agreements with these third countries.
Article 14
Transport between two points situated on the territory of a Member
State of the Community or between two points situated on Swiss
territory
Transport between two points situated on the territory of a Member
State of the Community by a Swiss-registered vehicle and transport
between two points situated on Swiss territory by a vehicle
registered in a Member State of the Community are not authorised
under this Agreement.
Article 15
Ban on night driving and Sunday driving and exemptions from the
weight limit
2. The exemptions from the weight limit and from the ban on night
driving and Sunday driving are set out in Annex 6.
3. Exemptions from the ban on night driving shall be granted in a
non-discriminatory manner and may be obtained from a single office.
They shall be granted against payment of a fee to cover the
administrative costs.
Article 16
Abolition of certain exemptions from the weight limit
The provisions of Annex 6 (II)(3) and (4) of the 1992 Agreement
shall no longer apply from the date on which this Agreement enters
into force.
C. INTERNATIONAL CARRIAGE OF PASSENGERS BY COACH AND BUS
Article 17
Conditions applicable to carriers
1. Carriers operating for hire or reward shall be permitted to carry
out the transport services defined in Article 1 of Annex 7, without
discrimination as to nationality or place of establishment, provided
those carriers:
- are authorised in the Member State of the Community where they are
established or in Switzerland to undertake carriage by coach and bus
in the form of regular services, including special regular services,
or occasional services,
- meet legal requirements on road safety as far as the standards for
drivers and vehicles are concerned.
2. Own-account carriers shall be permitted to carry out the
transport services defined in Article 1(3) of Annex 7, without
discrimination as to nationality or place of establishment, provided
those carriers:
- are authorised in the Member State of the Community where they are
established or in Switzerland to undertake carriage by coach and bus
in accordance with the market-access conditions laid down by
national legislation,
- meet legal requirements on road safety as far as the standards for
drivers and vehicles are concerned.
3. Carriers who meet the conditions set out in paragraph 1 may carry
out international passenger transport operations by coach and bus
provided, in the case of Community carriers, they hold a Community
licence or, in the case of Swiss carriers, they hold a similar Swiss
licence.
The model for such licences and the procedures for obtaining, using
and renewing them shall be as laid down in Regulation (EEC) No
684/92, as amended by Regulation (EC) No 11/98, for Community
carriers and in equivalent Swiss legislation.
Article 18
Access to the market
2. Special regular services, as defined in Article 1(1.2) of Annex 7
shall not require authorisation if they are covered, on Community
territory, by a contract concluded between the organiser and the
carrier.
3. Unladen journeys by vehicles in connection with the transport
operations referred to in paragraphs 1 and 2 shall likewise not
require authorisation.
4. In accordance with Articles 2 et seq. of Annex 7, authorisation
shall be required for regular services.
5. In accordance with Articles 2 et seq. of Annex 7, authorisation
shall be required for special regular services not covered, on
Community territory, by a contract concluded between the organiser
and the carrier.
In Switzerland, such services shall not require authorisation.
6. Own-account road transport operations defined in Article 1(3), of
Annex 7 shall not require authorisation but shall be subject, on
Community territory, to a system of certificates.
Article 19
Triangular transport operations involving third countries
1. The arrangements governing triangular transport involving third
countries shall be determined by joint agreement on conclusion of
the necessary agreement between, on the one hand, the Community and
the third country in question and, on the other, Switzerland and the
third country in question. The purpose of these arrangements is to
ensure reciprocity of treatment between Community and Swiss
operators with respect to triangular transport.
2. Pending the conclusion of agreements between the Community and
the third countries concerned, this Agreement shall not affect the
provisions relating to transport referred to in paragraph 1 as set
out in bilateral agreements concluded between the Member States of
the Community and Switzerland concerning transport involving third
countries. These rights are listed in Annex 8 to this Agreement.
3. Following the definition of arrangements referred to in paragraph
1, Switzerland shall, as far as is necessary, conclude or adapt
bilateral agreements with these third countries.
Article 20
Transport between two points situated on the territory of the same
Contracting Party
1. Transport between two points situated on the territory of the
same Contracting Party by carriers established in the territory of
the other Contracting Party are not authorised under this Agreement.
2. However, it shall continue to be permissible to exercise existing
rights under the bilateral agreements concluded between the Member
States of the Community and Switzerland that are in force, provided
there is no discrimination between Community carriers and no
distortion of competition. These rights are listed in Annex 8 to
this Agreement.
Article 21
Procedures
The procedures governing the issuing, use, renewal and expiry of
authorisations and the procedures governing mutual assistance shall
be covered by the provisions of Annex 7 to this Agreement.
Article 22
Transitional provision
Authorisations in respect of services existing at the time of entry
into force of this Agreement shall remain valid until their expiry,
to the extent that the services in question continue to be subject
to authorisation.
TITLE III
INTERNATIONAL RAIL TRANSPORT
Article 23
Management independence
The Contracting Parties undertake:
- to guarantee the management independence of the railway
undertakings, mainly by according them independent status, thus
enabling them to adapt their activities to the market and to manage
their affairs under the responsibility of their governing bodies,
- to separate the management of the railway infrastructure from the
provision of railway transport services, at least at the accounting
level; aid paid to one of these two areas of activity may not be
transferred to the other.
Article 24
Access and transit rights with regard to the railway infrastructure
1. Railway undertakings and international groupings shall have the
access and/or transit rights defined in the Community legislation
referred to in Annex 1, section 4.
2. Railway undertakings established on the territory of one
Contracting Party shall be granted right of access to the
infrastructure on the territory of the other Contracting Party for
the purpose of operating international combined transport services.
3. Railway undertakings and international groupings making use of
their access or transit rights shall conclude the necessary
administrative, technical and financial agreements with the managers
of the railway infrastructure used with a view to regulating traffic
control and safety issues concerning the international transport
services referred to in paragraphs 1 and 2.
Article 25
Railway licences
1. The granting of an appropriate licence for the type of railway
service in question shall be a precondition for any access or
transit request involving the railway infrastructure, and hence the
right to provide transport services. However, such a licence shall
not in itself confer right of access to the railway infrastructure.
2. A railway undertaking shall be entitled to apply for a licence in
Switzerland or in the Member State of the Community in which it is
established. The Contracting Parties shall not issue licences or
extend their validity where the requirements of this Agreement have
not been met.
3. Under the responsibility of the Contracting Parties, the licences
shall be issued by the authority responsible for licences specially
designated for existing and new undertakings.
5. They shall be subject to requirements laid down by the
Contracting Parties relating to good repute, financial fitness,
professional competence and cover for civil liability during their
entire period of validity. The provisions applicable in this area
are set out in Section 4 of Annex 1.
6. A licence shall be valid for as long as the railway undertaking
fulfils its obligations under the abovementioned provisions.
However, the authority responsible may require licences to be
reviewed at regular intervals.
7. The procedures for checking, amending, suspending or withdrawing
a licence shall be governed by the abovementioned legal provisions.
Article 26
Issuing the safety certificate
1. The Contracting Parties shall also require railway undertakings
to submit a safety certificate setting out the safety requirements
imposed on them with a view to ensuring a risk-free service on the
routes in question.
2. A railway undertaking may apply for a safety certificate to a
body designated by the Contracting Party in whose territory the
infrastructure used by the railway body is situated.
3. To obtain the safety certificate, the railway undertaking must
comply with Swiss law in respect of that part of the route which is
located in Switzerland and with Community law in respect of that
part of the route which is located on Community territory.
Article 27
Allocation of train paths
1. Each Contracting Party shall designate the body responsible for
allocating capacity, whether it be a specific authority or the
infrastructure manager. In particular, the allocation body, which
shall be informed of all train paths available, shall ensure that:
- railway infrastructure capacity is allocated on a fair and
non-discriminatory basis and that,
- subject to paragraphs 3 and 4 of this Article, the allocation
procedure allows optimum effective use of the infrastructure.
2. A railway undertaking or international grouping applying for one
or more train paths shall submit its application to the allocation
body or bodies of the Contracting Party on whose territory the
departure point of the service concerned is situated. The allocation
body to which an application for infrastructure capacity has been
submitted shall immediately inform its counterparts of this request.
The latter shall take a decision no later than one month after
receiving the necessary information; each allocation body shall have
the right to refuse an application. The allocation body to which an
application has been submitted shall, together with its
counterparts, take a decision on the application no later than two
months after all the necessary information has been submitted. The
procedures for dealing with the handling of applications for
infrastructure capacity are governed by the provisions set out in
Section 4 of Annex 1.
3. The Community and Switzerland may take the necessary measures to
ensure that priority is given to the following rail services in the
allocation of railway infrastructure capacity:
(a) services provided in the public interest;
(b) services wholly or partly operated on infrastructure constructed
or developed for these services (for example, special high-speed or
specialised freight lines).
4. The Community and Switzerland may instruct the allocation body to
grant special rights as regards infrastructure capacity allocation
on a non-discriminatory basis to railway undertakings operating
certain types of services or providing such services in certain
areas if such rights are indispensable to ensure adequate public
services or efficient use of infrastructure capacity or to allow the
financing of new infrastructures.
5. The Contracting Parties may provide for the possibility that
applications for infrastructure access are accompanied by a deposit
or similar security.
6. The Community and Switzerland shall draw up and publish
procedures for allocating railway infrastructure capacity. They
shall notify accordingly the Joint Committee set up under Article 51
of this Agreement.
Article 28
Accounts and user fees
1. The accounts of an infrastructure manager must be at least in
balance when considered over a reasonable period of time between, on
the one hand, the revenue accruing from these fees and from possible
State contributions and, on the other, the infrastructure
expenditure.
2. The infrastructure manager shall apply a railway infrastructure
user fee, which he shall be responsible for managing, to be paid by
the railway undertakings or international groupings using this
infrastructure.
3. The infrastructure user fees shall be determined mainly on the
basis of the type of service, the period of service, the state of
the market and the nature and degree of wear and tear on the
infrastructure.
5. Each Contracting Party shall determine the procedures for fixing
the fees, after consultations with the infrastructure manager. The
fees charged for services of an equivalent nature in the same market
shall apply without discrimination.
6. The infrastructure manager shall, in good time, notify the
railway undertakings or international groupings which use his
infrastructure in order to provide the services referred to in
Article 24 of all major changes in the quality or capacity of the
infrastructure concerned.
Article 29
Appeals
1. The Contracting Parties shall take the necessary measures to
ensure that decisions on allocating infrastructure capacity or on
collecting fees are subject to appeal before an independent body.
This body shall give its judgement within two months of receiving
all the necessary information.
2. The Contracting Parties shall take the necessary measures to
ensure that the decisions taken in accordance with paragraph 1 and
with Article 25(3) are subject to judicial review.
TITLE IV
COORDINATED TRANSPORT POLICY
A. GENERAL PROVISIONS
Article 30
Objectives
1. The Contracting Parties have agreed to develop, as and where
necessary, a coordinated transport policy covering passengers and
goods. The aim of this policy is to combine transport systems
efficiency with environmental protection so as to ensure sustainable
mobility.
2. The Contracting Parties shall make every effort to create broadly
comparable transport conditions, including tax arrangements, in
their respective territories, particularly with a view to avoiding
the diversion of traffic in the Alpine regions and to ensuring
better traffic distribution in those areas.
Article 31
Measures
1. To this end, the Contracting Parties shall take measures designed
to ensure healthy competition between and within the various modes
of transport and to facilitate the use of more environmentally sound
means of transporting passengers and goods.
2. In addition to the provisions set out in Titles II and III, these
measures shall include:
- developing transalpine railway infrastructures and making
available railway transport services and combined transport services
that are competitive in terms of price and quality,
- introducing appropriate road transport charging systems,
- supporting measures.
3. The measures taken by the Contracting Parties under this
Agreement shall be implemented progressively and, as far as
possible, in a coordinated manner.
Article 32
Principles
Subject to the provisions of Article 47, the measures set out in
Article 31 shall comply with the following principles:
- no discrimination, whether direct or indirect, on the grounds of
the nationality of the carrier, the place of registration of the
vehicle, or the origin and/or destination of the transport
operation,
- free choice of the mode of transport,
- no unilateral quantitative restrictions,
- territoriality,
- proportionality in the imposition of charges relating to transport
costs, extending also to criteria relating to the type of vehicle,
- transparency,
- comparable conditions for using different transalpine routes,
- avoiding any distortion of traffic flows in the Alpine regions,
- reciprocity.
B. RAIL AND COMBINED TRANSPORT
Article 33
Objectives
1. The Contracting Parties agree on the objective of establishing a
rail and combined transport capability that is adequate in terms of
capacity and that is competitive, both economically and in terms of
quality of service, with road transport for the Alpine region, while
at the same time respecting the principles set out in Article 32 and
ensuring not only the free play of market forces, notably by opening
up access to the railway infrastructure as provided for in Title
III, but also the independence of the railway undertakings.
2. To this end, the Contracting Parties shall:
- within the limits of their competence take the necessary
infrastructure and operational measures, in Switzerland and on
Community territory, to ensure the long-term viability, cohesion and
integration of Swiss capability in a long-distance railway system,
- also undertake to develop the interconnection and interoperability
of their rail and combined transport networks. They shall ensure the
necessary cooperation for this purpose with the international
organisations and institutions concerned and instruct the Joint
Committee to monitor these aspects.
3. The Contracting Parties undertake that, while phasing in the road
tax arrangements referred to in Article 40, they will also take
steps to provide users with a rail and combined transport capability
which, in terms of capacity, price and quality, is such as to ensure
an equitable distribution of traffic over the various transalpine
routes.
Article 34
Railway supply capacity
1. The Contracting Parties confirm their respective commitments as
set out in Articles 5 and 6 of the 1992 Agreement, whereby it is
foreseen that Switzerland constructs a new rail link through the
Alps (NRLA) and the Community is to increase the capacity of the
north and south access routes to the NRLA. Furthermore, they are
agreed that these new railway infrastructures will be constructed in
accordance with loading gauge C of the IUR.
2. For the Community the infrastructure measures referred to in
paragraph 1 form part of the measures taken under, and in accordance
with, Decision No 1692/96/EC of the European Parliament and of the
Council on Community guidelines for the development of the
trans-European transport network, including the rail and combined
transport axes across the Alps and, in particular, the access routes
to the Swiss railway infrastructures and the combined transport
installations.
3. Both Contracting Parties shall work together to enable their
respective competent authorities to plan and implement, in a
coordinated manner, the infrastructure, rail and combined transport
measures necessary to meet the commitments referred to in paragraphs
1 and 2 and to harmonise the timetable of work depending on the
capacity required. To this end, they shall pursue the aim of
producing a return on investment and shall take all appropriate
measures within the Joint Committee.
4. The Joint Committee may set up a subcommittee with responsibility
for overseeing the coordination of infrastructure projects in the
Alpine region. The subcommittee shall consist of representatives of
Switzerland, the Community and the Member States of the Community
which are situated in the Alpine region.
Article 35
Economic parameters
1. The Contracting Parties shall do everything necessary to achieve
the objective set out in Article 33. To this end, they shall take
steps to ensure that the carriage of goods by rail and combined
transport across Switzerland, including accompanied combined
transport, remains competitive, in terms of price and quality of
service, with road transport over the same routes, while at the same
time honouring guarantees regarding the independence of the railway
undertakings.
2. With a view to establishing a suitable rail and combined
transport capability, the Contracting Parties may provide financial
support for investment in railway infrastructure, fixed or mobile
equipment needed for transhipment between terrestrial modes,
transport equipment specifically adapted to combined transport and
used for combined transport and, as far as their respective
legislation permits, operating costs for combined transport services
crossing Swiss territory, to the extent that these measures help to
improve the level of quality and competitiveness in terms of prices
of the rail and combined transport capability and do not create any
disproportionate distortion of competition between operators.
Responsibility for rail transport pricing shall continue to be
exercised by the competent authorities or entities.
3. The Contracting Parties may also conclude public service
contracts with the railway undertakings in order to guarantee
adequate rail transport services, taking particular account of
social and environmental factors.
4. Each of the Contracting Parties shall take steps, within the
limits of its competence, to ensure that the effect on the market of
any official aid granted by one of the Contracting Parties is not
undermined by the behaviour of the other Contracting Party or an
entity established on its own territory or on the territory of the
other Contracting Party.
5. The Joint Committee shall monitor the application of this Article
by the Contracting Parties.
Article 36
Quality parameters
1. The Contracting Parties agree to do everything necessary to
achieve the objective set out in Article 33. To this end, they
undertake to promote combined transport.
2. During the transitional phase referred to in Article 8,
Switzerland also undertakes, in accordance with Title II of the 1992
Agreement, to establish an accompanied combined transport ("rolling
highway") capability which is competitive in quality and price terms
with road transport.
3. The Contracting Parties shall do everything necessary to promote
combined transport. In particular, they shall take steps to ensure
that the following provisions are applied:
- compliance with the regulations governing technical and social
standards for road transport, notably as regards driving time and
rest periods, speed limits and maximum weight and dimension
standards,
- reduction of rail transport frontier controls and transfer of
these controls to the point of embarkation or disembarkation in
accordance with the Convention of 20 May 1987 between the Community
and Switzerland and between the EFTA countries on a common transit
procedure,
- facilitation of the organisation of the combined transport chain
by simplifying the regulatory and administrative conditions
governing each of the Contracting Parties,
- provision of incentives to combined transport operators and
railway operators to improve the quality of their service.
A list of railway parameters is set out in Annex 9. These parameters
shall be taken into consideration when invoking Article 46.
4. Within the scope of their powers, the Contracting Parties shall
ensure that appropriate measures are taken to permit the swift
creation of rail freight corridors. They shall keep each other
regularly informed of any measures they propose to take in relation
to these rail corridors.
5. The Joint Committee shall prepare a report every two years on the
implementation of the measures referred to in this Article.
C. ROAD TRANSPORT CHARGING SYSTEMS
Article 37
Objectives
Within the scope of their powers and in accordance with their
respective procedures and with the objectives of Title III of the
1992 Agreement, the Parties shall set themselves the objective of
gradually introducing charging systems geared towards charging to
road vehicles and other modes of transport the costs to which they
give rise.
Article 38
Principles
1. The charging systems shall be based on the principles set out in
Article 32, notably the principles of non-discrimination,
proportionality and transparency.
2. Charges shall consist of taxes on vehicles, taxes on fuels and
fees for the use of the road network.
3. In seeking to achieve the objectives referred to in Article 37,
preference shall be given to measures which do not result in
diverting traffic away from the technically, economically and
geographically most suitable route between the point of departure
and the point of final destination of the transport operation.
4. The measures shall be applied in such a way as not to impede the
free movement of goods or services between the Contracting Parties,
notably as regards the administration and collection of tolls or
road-use charges, the absence of controls or systematic verification
at the frontiers between the Contracting Parties and the absence of
excessive formalities. In order to avoid difficulties in this
respect, Switzerland shall endeavour to apply the Community rules in
force in this area.
5. The provisions of this Chapter shall apply to vehicles having a
maximum authorised weight (MAW), stated on their registration
document, of 12 tonnes or more. However, this Agreement shall not
prevent the adoption by either Contracting Party, on its territory,
of measures designed to include vehicles which have an MAW of less
than 12 tonnes.
6. The Contracting Parties shall not grant to firms, including
transport undertakings, any direct or indirect State aid designed to
make it easier for those firms to bear the burden of the transport
charges levied under the charging systems provided for in this
Agreement.
Article 39
Interoperability of instruments
The Contracting Parties shall hold consultations within the Joint
Committee to achieve an appropriate level of interoperability of the
electronic systems for collecting road use charges.
Article 40
Swiss measures
1. With a view to achieving the objectives set out Article 37 and in
the light of the weight limit increases stipulated in Article 7(3),
Switzerland shall introduce a non-discriminatory tax on vehicles, in
two stages commencing on 1 January 2001 and 1 January 2005
respectively. In particular, the tax shall be based on the
principles referred to in Article 38(1) and on the procedures set
out in Annex 10.
2. The charges shall be differentiated according to three categories
of emission standards (EURO). Under the taxation system applicable
from 1 January 2005, the difference in charge from one category to
another must be as large as possible but must not exceed 15 % of the
weighted average of the charges referred to in paragraph 4.
3. (a) Under the taxation system applicable from 1 January 2001, the
maximum amounts in the case of a vehicle having an actual total
laden weight of not more than 34 t and travelling a distance of 300
km across the Alps may not exceed CHF 205 for a vehicle not
complying with the EURO standards, CHF 172 for a vehicle complying
with the EURO I standard and CHF 145 for a vehicle complying with
the EURO II standard.
(b) By way of derogation from paragraph (a), the Community shall,
for the period 1 January 2001 to 31 December 2004, receive an annual
quota for 220000 single journeys by empty vehicles or vehicles
carrying light products, provided the actual total laden weight of
the vehicle does not exceed 28 tonnes, in transit across the Swiss
Alps, against payment of a charge for use of the infrastructure.
This charge shall be CHF 50 in the year 2001, CHF 60 in 2002, CHF 70
in 2003 and CHF 80 in 2004. Switzerland shall also receive a quota
subject to the same conditions. These journeys shall be subject to
the usual control procedure.
4. Under the taxation system applicable from 1 January 2005, the
weighted average of the charges shall not exceed CHF 325 for
vehicles having an actual total laden weight of not more than 40 t
and travelling a distance of 300 km across the Alps. The charge for
the most polluting category shall not exceed CHF 380.
5. A part of the charges referred to in paragraphs 3 and 4 may be
made up of toll fees for the use of specialised Alpine
infrastructure. This part must not constitute more than 15 % of the
charges referred to in paragraphs 3 and 4.
6. The weightings referred to in paragraph 4 shall be determined
according to the number of vehicles per EURO standard category
operating in Switzerland. The number of vehicles in each category
shall be established on the basis of censuses which will be examined
by the Joint Committee. The Joint Committee shall determine the
weighting on the basis of examinations, the first of which shall
take place before 1 July 2004, carried out every two years, in order
to take account of trends in the structure of the vehicle fleet
operating in Switzerland and changes in the EURO standards.
Article 41
Community measures
The Community shall continue to develop charging systems applicable
on its territory, reflecting the costs arising from the use of the
infrastructure. These systems shall be based on the "user-pays"
principle.
Article 42
Review of the level of charges
1. On 1 January 2007, and at two-yearly intervals thereafter, the
maximum levels of the charges fixed in Article 40(4) shall be
adjusted in line with the rate of inflation in Switzerland during
the previous two years. For this purpose, Switzerland shall send to
the Joint Committee, by 30 September at the latest of the year
preceding the adjustment, the necessary statistical data on which to
base the adjustment under consideration. The Joint Committee shall
meet, at the Community's request, within 30 days of receiving this
communication, to hold consultations on the adjustment under
consideration.
If, during the period between signature of this Agreement and 31
December 2004, the average annual rate of inflation in Switzerland
exceeds 2 %, the maximum levels of the charges fixed in Article
40(4) shall be adjusted to take account only of the inflation which
exceeds the annual rate of 2 %. The procedure laid down in the
previous subparagraph shall apply.
2. With effect from 1 January 2007, the Joint Committee may, at the
request of one of the Parties, review the maximum levels of the
charges fixed in Article 40(4) with a view to adjusting them by
joint agreement. This review shall be undertaken on the basis of the
following criteria:
- the level and structure of taxes in the two Contracting Parties,
notably with regard to comparable transalpine routes,
- the distribution of traffic between comparable transalpine routes,
- modal distribution trends in the Alpine region,
- the development of the transalpine railway infrastructure.
D. SUPPORTING MEASURES
Article 43
Facilitation of frontier controls
1. The Contracting Parties undertake to reduce and simplify the
formalities associated with transport operations, particularly in
the area of customs.
2. The Agreement between the European Economic Community and the
Swiss Confederation on the simplification of inspections and
formalities in respect of the carriage of goods of 21 November 1990,
the Convention on a common transit procedure of 20 May 1987 and, in
the case of rail transport, the agreement between railway companies
on technical inspections for the assignment of goods wagons to
international transport operations shall serve as the basis for the
measures taken by the Contracting Parties in pursuance of paragraph
1. With a view to ensuring better environmental protection and
without prejudice to the obligations incumbent under Article 7, the
Contracting Parties shall seek, in particular, to introduce
ecological standards providing a high level of protection in order
to reduce exhaust gas, particle and noise emissions from heavy goods
vehicles.
2. The Contracting Parties shall hold regular consultations in the
course of preparing these standards.
3. The EURO emission category for heavy goods vehicles (as defined
in Community legislation), if not stated on the vehicle registration
document, must be ascertained from the date on which the vehicle
first entered into service, as stated on that document, or, where
appropriate, from an additional special document issued by the
competent authorities of the issuing State.
Article 45
Traffic observatory
1. A permanent observatory for the monitoring of road, rail and
combined traffic in the Alpine region shall be set up as soon as
this Agreement enters into force. It shall report annually on
traffic trends to the Joint Committee set up under Article 51 of
this Agreement. The Joint Committee may also ask the observatory to
prepare a special report, particularly in cases where the provisions
of Articles 46 and 47 of this Agreement are applied.
2. The work of the observatory shall be financed by the Contracting
Parties, in a proportion to be decided by the Joint Committee.
3. The Contracting Parties shall determine the administrative
procedures governing the operation of the observatory by means of a
decision of the Joint Committee to be taken at its first meeting.
E. CORRECTIVE MEASURES
Article 46
Unilateral safeguard measures
1. If, after 1 January 2005, despite competitive rail prices and the
correct application of the measures provided for in Article 36
regarding quality parameters, there are difficulties with Swiss
transalpine road traffic flows and if, over a 10-week period, the
average rate of utilisation of the rail capacity in Switzerland
(accompanied and unaccompanied combined transport) is less than 66
%, Switzerland may, by way of derogation from the provisions of
Article 40(4) and (5), increase the charges provided for in Article
40(4) by no more than 12,5 %. All the revenue from this increase
shall be used to help make rail and combined transport more
competitive vis-š-vis road transport.
2. Where the same circumstances as those set out in paragraph 1
occur on its territory, the Community may, subject to comparable
conditions, take similar corrective measures.
3. (a) The above measure shall be limited in scope and duration to
whatever is strictly necessary to remedy the situation. The duration
of the measure may not exceed six months but may be extended for one
further period of six months. Further extensions may be agreed by
the Joint Committee.
(b) Where one of the Contracting Parties has, on a previous
occasion, applied the measures referred to in paragraph 1 or 2,
further recourse to such measures by that Contracting Party shall be
subject to the following conditions:
- where the duration of the previous measures did not exceed six
months, further measures may be taken only after a period of 12
months from the date of cessation of the previous measures,
- where the duration of the previous measures exceeded six months,
further measures may be taken only after a period of 18 months from
the date of cessation of the previous measures,
- under no circumstances may safeguard measures be introduced more
than twice within five years of the date on which such measures were
first introduced.
The Joint Committee may decide, by common agreement, to derogate
from these conditions in specific cases.
4. Before taking the measures provided for in the foregoing
paragraphs, the Contracting Party concerned shall inform the Joint
Committee of its intention. The Joint Committee shall meet to
examine the matter. Save where the Joint Committee decides
otherwise, the Contracting Party concerned may take the measure in
question after a period of 30 days from the date of notification of
the measure to the Joint Committee.
Article 47
Consensual safeguard measures
1. In the event of serious disturbance of transalpine traffic flows,
prejudicing the attainment of the objectives set out in Article 30
of this Agreement, the Joint Committee shall meet, at the request of
one of the Contracting Parties, in order to decide on appropriate
measures to deal with the situation. The requesting Contracting
Party shall immediately inform the traffic observatory, which shall
report within 14 days on the situation and on any measures to be
taken.
2. The Joint Committee shall meet within 15 days of the request
being submitted. It shall examine the situation, taking due account
of the traffic observatory's report. Within 60 days of its first
meeting on the matter, the Joint Committee shall decide on the
measures to be taken. This period may be extended by common
agreement.
3. These safeguard measures shall be limited, in scope and duration,
to whatever is strictly necessary to remedy the situation. Priority
must be given to options which interfere as little as possible with
the operation of the Agreement.
Article 48
Crisis measures
If transalpine traffic flows are seriously disrupted for reasons of
force majeure, such as in the event of a natural disaster, the
Contracting Parties shall, each on its own territory, take all
possible concerted action to restore and maintain the flow of the
traffic. Priority shall be given to sensitive cargoes such as
perishable goods.
TITLE V
GENERAL AND FINAL PROVISIONS
Article 49
Implementation of the Agreement
1. The Contracting Parties shall take all appropriate measures, both
general and particular, to ensure the fulfilment of obligations
under this Agreement.
2. They shall refrain from taking any measure likely to jeopardise
the achievement of the objectives of this Agreement.
3. The provisions of this Agreement relating to maximum authorised
weight limits for articulated vehicles and road trains and to
transport charging systems shall be implemented under a two-stage
procedure, from 1 January 2001 to 31 December 2004 and from 1
January 2005.
Article 50
Rectification measures
If one Contracting Party finds that the other Contracting Party has
failed to comply with the obligations laid down in this Agreement or
has failed to implement a decision of the Joint Committee, the
injured Contracting Party may, after consultations within the Joint
Committee, take appropriate measures to maintain the balance of this
Agreement. The Contracting Parties shall provide the Joint Committee
with all the necessary information to enable it to carry out an
in-depth examination of the situation.
Article 51
Joint Committee
1. A Joint Committee known as the "Community/Switzerland Inland
Transport Committee" is hereby established; it shall be made up of
representatives of the Contracting Parties and be responsible for
the management and proper application of this Agreement. To this
end, it shall draw up recommendations. It shall take decisions on
matters provided for under the Agreement; these decisions shall be
carried out by the Contracting Parties in accordance with their own
rules. The Joint Committee shall reach its decisions by common
agreement.
2. In particular, the Joint Committee shall be responsible for the
monitoring and application of the provisions of this Agreement and,
in particular, Articles 27(6), 33, 34, 35, 36, 39, 40, 42, 45, 46,
47 and 54. It shall implement the adaptation and revision clauses
referred to in Articles 52 and 55.
3. In order to ensure the satisfactory implementation of this
Agreement, the Contracting Parties shall exchange information on a
regular basis and, at the request of one of them, shall hold
consultations within the Joint Committee. The Contracting Parties
shall exchange information provided by the authorities responsible
for applying this Agreement and, in particular, for issuing
authorisations and carrying out inspections. These authorities shall
engage in a direct exchange of correspondence.
4. The Joint Committee shall adopt, by a decision, its rules of
procedure which shall include, among other provisions, the
procedures for convening meetings, appointing the Chairman and
laying down the latter's terms of reference.
5. The Joint Committee shall meet as and when necessary, and at
least once a year. Either Contracting Party may request the
convening of a meeting.
6. The Joint Committee may decide to set up such working parties or
groups of experts as it sees fit to assist it in the accomplishment
of its tasks.
7. This Committee shall also perform the duties previously performed
by the Joint Committee known as the "Community/Switzerland Inland
Transport Committee" set up under Article 18 of the 1992 Agreement.
Article 52
Development of laws
1. Subject to compliance with the principle of non-discrimination
and with the provisions of this Agreement, this Agreement shall not
prejudice the right of either Contracting Party to amend
unilaterally its domestic legislation in the areas covered by this
Agreement.
2. As soon as one of the Contracting Parties draws up new
legislation in an area covered by this Agreement, it shall formally
request the opinion of experts of the other Contracting Party.
During the period preceding the formal adoption of this new
legislation, the Contracting Parties shall keep each other informed
and shall hold consultations as and when necessary. At the request
of one of the Contracting Parties, a preliminary exchange of views
shall take place within the Joint Committee, in particular as
regards the impact such an amendment would have on the operation of
the Agreement.
3. At the time of adoption of the amended legislation, and at the
latest eight days after its publication in the Official Journal of
the European Communities or in the Official Compilation of Federal
Laws and Decrees, the Contracting Party concerned shall notify the
other Contracting Party of the text of these new provisions. At the
request of one of the Contracting Parties, an exchange of views
shall take place within the Joint Committee regarding the impact of
the amendment on the operation of this Agreement no later than two
months after the date of submission of the request.
4. The Joint Committee shall either:
- adopt a decision revising Annexes 1, 3, 4 and 7 or, if necessary,
propose that the provisions of this Agreement be revised, so as to
incorporate therein, as and where necessary and on a basis of
reciprocity, the amendments to the legislation concerned, or
- adopt a decision whereby the amendments to the legislation
concerned are deemed to conform to this Agreement, or
- decide on any other measure aimed at safeguarding the proper
functioning of this Agreement.
5. The Joint Committee shall decide on the procedures for adapting
this Agreement to the relevant provisions of future agreements
between the Community or Switzerland, on the one hand, and third
countries, on the other, as referred to in Articles 13 and 19.
6. With a view to attaining the objectives set out in this
Agreement, the Contracting Parties shall, in accordance with the
timetable laid down in Article 49, take all necessary measures to
ensure that the rights and obligations equivalent to those contained
in the legal instruments of the Community, as listed in Annex 1, are
actively applied in the course of their relations.
Article 53
Confidentiality
The representatives, experts and other agents of the Contracting
Parties shall be required, even after termination of their
appointments, not to divulge information obtained in the context of
this Agreement and which, by its very nature, is covered by the
obligation of professional secrecy.
Article 54
Settlement of disputes
Each Contracting Party may bring a matter under dispute which
concerns the interpretation or application of this Agreement to the
Joint Committee, which shall endeavour to settle the dispute. The
Joint Committee shall be provided with all relevant information for
an in-depth examination of the situation with a view to finding an
acceptable solution. To that end, the Joint Committee shall be
required to examine all possibilities for maintaining the good
functioning of this Agreement.
Article 55
Revision of the Agreement
1. If one of the Contracting Parties wishes to have the provisions
of this Agreement revised, it shall notify the Joint Committee
accordingly. Subject to paragraphs 2 and 3, the amended version of
this Agreement shall enter into force on completion of the
respective internal procedures.
2. Annexes 1, 3, 4 and 7 may be amended by a decision of the Joint
Committee in accordance with Article 51(1) so as to take account of developments in Community legislation in this area.
3. Annexes 5, 6, 8 and 9 may be amended by a decision of the Joint
Committee in accordance with Article 51(1).
Article 56
Annexes
Annexes 1 to 10 shall form an integral part of this Agreement.
Article 57
Territorial scope
This Agreement shall apply, on the one hand, to the territories in
which the Treaty establishing the European Community is applied and
under the conditions laid down in this Treaty and, on the other, to
the territory of Switzerland.
Article 58
Final clauses
1. This Agreement shall be ratified or approved by the Contracting
Parties in accordance with their own procedures. It shall enter into
force on the first day of the second month following the final
notification of the deposit of the instruments of ratification or
approval of all the following seven agreements:
- Agreement on the Carriage of Goods and Passengers by Rail and
Road,
- Agreement on the Free Movement of Persons,
- Agreement on Air Transport,
- Agreement on Trade in Agricultural Products,
- Agreement on Mutual Recognition in Relation to Conformity
Assessment,
- Agreement on Certain Aspects of Government Procurement,
- Agreement on Scientific and Technological Cooperation.
2. This Agreement shall be concluded for an initial period of seven
years. It shall be renewed indefinitely unless the Community or
Switzerland notifies the other Contracting Party to the contrary
before the initial period expires. Where such notification is given,
paragraph 4 shall apply.
3. The Community or Switzerland may terminate this Agreement by
notifying its decision to the other Contracting Party. Where such
notification is given, paragraph 4 shall apply.
4. The seven agreements referred to in paragraph 1 shall cease to be
applicable six months after receipt of the notification of
non-renewal, as referred to in paragraph 2, or of termination, as
referred to in paragraph 3.
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Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die
Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ
Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł
europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela
Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska
gemenskapens vōgnar
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Por la Confederaciėn Suiza
For Det Schweiziske Edsforbund
FŽr der Schweizerischen Eidgenossenschaft
>ISO_7>Ćłń Į÷ż ÅūņõĮłśČ Óįż˙ü˙ėĘ˙żōčń
>ISO_1>For the Swiss Confederation
Pour la Confłdłration suisse
Per la Confederazione svizzera
Voor de Zwitserse Bondsstaat
Pela Confedera÷óo Suż÷a
Sveitsin valaliiton puolesta
Põ Schweiziska EdsfŠrbundets vōgnar
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LIST OF ANNEXES
>TABLE POSITION>
ANNEX 1
APPLICABLE PROVISIONS
In accordance with Article 52(6) of this Agreement, Switzerland
shall apply legal provisions equivalent to the following:
Relevant provisions of Community Law
Section 1
- Council Directive 96/26/EC of 29 April 1996 on admission to the
occupation of road haulage operator and road passenger transport
operator and mutual recognition of diplomas, certificates and other
evidence of formal qualifications intended to facilitate for these
operators the right to freedom of establishment in national and
international transport operations (OJ L 124, 23.5.1996, p. 1), as
last amended by Directive 98/76/EC (OJ L 277, 14.10.1998, p. 17).
Section 2
- Council Regulation (EEC) No 3821/85 of 20 December 1985 on
recording equipment in road transport (OJ L 370, 31.12.1985, p. 8),
as last amended by Council Regulation (EC) No 2135/98 (OJ L 274,
9.10.1998, p. 1).
- Council Regulation (EEC) No 3820/85 of 20 December 1985 on the
harmonisation of certain social legislation relating to road
transport (OJ L 370, 31.12.1985, p. 1), or equivalent rules laid
down in the AETR Agreement, including amendments thereto.
- Council Directive 88/599/EEC of 23 November 1988 on standard
checking procedures for the implementation of Regulation (EEC) No
3820/85 on the harmonisation of certain social legislation relating
to road transport and Regulation (EEC) No 3821/85 on recording
equipment in road transport (OJ L 325, 29.11.1988, p. 55), as last
amended by Regulation (EC) No 2135/98 (OJ L 274, 9.10.1998, p. 1).
- Council Directive 76/914/EEC of 16 December 1976 on the minimum
level of training for some road transport drivers (OJ L 357,
29.12.1976, p. 36).
Section 3
- Council Directive 96/53/EC of 25 July 1996 laying down for certain
road vehicles circulating within the Community the maximum
authorised dimensions in national and international traffic and the
maximum authorised weights in international traffic (OJ L 235,
17.9.1996, p. 59).
- Council Directive 96/96/EC of 20 December 1996 on the
approximation of the laws of the Member States relating to
roadworthiness tests for motor vehicles and their trailers (OJ L 46,
17.2.1997, p. 1).
- Council Directive 91/542/EEC of 1 October 1991 amending Directive
88/77/EEC on the approximation of the laws of the Member States
relating to the measures to be taken against the emission of gaseous
pollutants from diesel engines for use in vehicles (OJ L 295,
25.10.1991, p. 1).
- Council Directive 92/6/EEC of 10 February 1992 on the installation
and use of speed limitation devices for certain categories of motor
vehicles in the Community (OJ L 57, 23.2.1992, p. 27).
- Council Directive 92/24/EEC of 31 March 1992 relating to speed
limitation devices or similar speed limitation on-board systems of
certain categories of motor vehicles (OJ L 129, 14.5.1992, p. 154).
- Council Directive 92/97/EEC of 10 November 1992 amending Directive
70/157/EEC on the approximation of the laws of the Member States
relating to the permissible sound level and the exhaust system of
motor vehicles (OJ L 371, 19.12.1992, p. 1).
- Council Directive 94/55/EC of 21 November 1994 on the
approximation of the laws of the Member States with regard to the
transport of dangerous goods by road (OJ L 319, 12.12.1994, p. 7).
- Council Directive 95/50/EC of 6 October 1995 on uniform procedures
for checks on the transport of dangerous goods by road (OJ L 249,
17.10.1995, p. 35).
- Council Directive 96/35/EC of 3 June 1996 on the appointment and
vocational qualification of safety advisers for the transport of
dangerous goods by road, rail and inland waterway (OJ L 145,
19.6.1996, p. 10).
- Commission Directive 96/86/EC of 13 December 1996 adapting to
technical progress Council Directive 94/55/EC on the approximation
of the laws of the Member States with regard to the transport of
dangerous goods by road (OJ L 335, 24.12.1996, p. 43).
Section 4
- Council Directive 95/18/EC of 19 June 1995 on the licensing of
railway undertakings (OJ L 143, 27.6.1995, p. 70).
- Council Directive 95/19/EC of 19 June 1995 on the allocation of
railway infrastructure capacity and the charging of infrastructure
fees (OJ L 143, 27.6.1995, p. 75).
- Council Directive 91/440/EEC of 29 July 1991 on the development of
the Community's railways (OJ L 237, 24.8.1991, p. 25).
Section 5
- Council Directive 92/82/EEC of 19 October 1992 on the
approximation of the rates of excise duties on mineral oils (OJ L
316, 31.10.1992, p. 19).
- Council Directive 96/49/EC of 23 July 1996 on the approximation of
the laws of the Member States with regard to the transport of
dangerous goods by rail (OJ L 235, 17.9.1996, p. 25).
- Commission Directive 96/87/EC of 13 December 1996 adapting to
technical progress Council Directive 96/49/EC on the approximation
of the laws of the Member States with regard to the transport of
dangerous goods by rail (OJ L 335, 24.12.1996, p. 45).
ANNEX 2
RULES FOR APPLYING THE CHARGES PROVIDED FOR IN ARTICLE 8
1. The Swiss charge for vehicles having an actual total laden weight
of more than 28 t using the authorisation referred to in Article
8(2) shall not exceed:
- CHF 180 for a journey transiting Switzerland,
- CHF 70 for a bilateral return journey to or from Switzerland.
2. The maximum Swiss charge for vehicles using the authorisation
referred to in Article 8(3) and having an actual total laden weight
of more than 34 t but not more than 40 t and travelling a distance
of 300 km across the Alps shall be CHF 252 for a vehicle not
complying with the EURO standards, CHF 211 for a vehicle complying
with the EURO I standard and CHF 178 for a vehicle complying with
the EURO II standard. The charge shall be applied in accordance with
the provisions of Article 40.
3. The maximum Swiss charge for vehicles using the authorisation
referred to in Article 8(4), having an actual total laden weight of
more than 34 t but not more than 40 t and travelling a distance of
300 km across the Alps shall be CHF 300 for a vehicle not complying
with the EURO standards, CHF 240 for a vehicle complying with the
EURO I standard and CHF 210 for a vehicle complying with the EURO II
standard. The charge shall be applied in accordance with the
provisions of Article 40.
ANNEX 3
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ANNEX 4
TYPES OF CARRIAGE EXEMPT FROM ANY SYSTEM OF LICENCES AND FROM ANY
AUTHORISATION
3. Carriage of goods in motor vehicles the permissible laden weight
of which, including that of trailers, does not exceed 6 tonnes or
the permissible payload of which, including that of trailers, does
not exceed 3,5 tonnes
4. Carriage of goods in motor vehicles provided the following
conditions are fulfilled:
(a) the goods carried must be the property of the undertaking or
must have been sold, bought, let out on hire or hired, produced,
extracted, processed or repaired by the undertaking;
(b) the purpose of the journey must be to carry the goods to or from
the undertaking or to move them, either inside the undertaking or
outside for its own requirements;
(c) motor vehicles used for such carriage must be driven by
employees of the undertaking;
(d) the vehicles carrying the goods must be owned by the undertaking
or have been bought by it on deferred terms or hired provided that
in the latter case they meet the conditions of Council Directive
84/647/EEC of 19 December 1984 on the use of vehicles hired without
drivers for the carriage of goods by road.
This provision shall not apply to the use of a replacement vehicle
during a short breakdown of the vehicle normally used;
(e) carriage must be no more than ancillary to the overall
activities of the undertaking
5. Carriage of medicinal products, appliances, equipment and other
articles required for medical care in emergency relief, in
particular for natural disasters.
ANNEX 5
LIST OF THE PROVISIONS CONTAINED IN THE BILATERAL ROAD TRANSPORT
AGREEMENTS CONCLUDED BY SWITZERLAND WITH THE DIFFERENT MEMBER STATES
OF THE COMMUNITY RELATING TO THE CARRIAGE OF GOODS IN TRIANGULAR
TRAFFIC
>TABLE POSITION>
Triangular traffic as such: where the vehicle, following the normal
route, transits the country in which it is registered, e. g. when a
Swiss-registered vehicle carries goods from Germany to Italy via
Switzerland.
Other so-called triangular traffic: where the vehicle does not
transit the country in which it is registered, e. g. when a
Swiss-registered vehicle carries goods from Germany to Italy via
Austria.
ANNEX 6
EXEMPTIONS FROM THE WEIGHT LIMIT AND FROM THE BAN ON NIGHT AND
SUNDAY DRIVING
I. Exemption from the weight limit during the period ending on 31
December 2004
For journeys originating abroad and ending in the Swiss frontier
area(1), (and vice versa), exceptions are permitted without charge
for any goods up to a total 40 tonnes and for 40-foot ISO containers
in combined transport up to a total of 44 tonnes. For reasons of
road design, certain customs posts apply lower limits.
II. Other exemptions from the weight limit
For journeys originating abroad and ending beyond the Swiss frontier
area(2), (and vice versa), and for transit through Switzerland, an
actual total laden weight greater than the maximum weight permitted
in Switzerland may also be authorised for types of carriage not
referred to in Article 8:
(a) for the carriage of goods which are indivisible, in cases in
which the stipulations cannot be obeyed despite the use of a
suitable vehicle;
(b) for transfers or for the use of special vehicles, notably
working vehicles which, owing to the purpose for which they are
used, are not compatible with the provisions regarding weight;
(c) for the transport in an emergency of damaged or broken-down
vehicles;
(d) for the transport of supplies for aircraft catering;
(e) haulage by road during the initial and final stages of combined
transport, usually within a 30 km radius of the terminal.
III. Exemption from the ban on night and Sunday driving
The following exemptions from the ban on night and Sunday driving
are planned:
(a) without special permission
- journeys made to provide emergency assistance in case of
disasters,
- journeys made to provide emergency assistance in the event of
accidents, notably public transport and air traffic accidents;
(b) with special permission
For the carriage of goods which, because of their nature, justify
night-time haulage and, for genuine reasons, haulage on Sundays:
- perishable agricultural products (such as berries, fruit and
vegetables, plants (including cut flowers) or freshly squeezed fruit
juices), throughout the year,
- pigs and chickens for slaughter,
- fresh milk and perishable milk products,
- circus equipment, musical instruments belonging to an orchestra,
theatre props, etc.,
- daily newspapers including an editorial component, and postal
consignments transported under a legal service requirement.
To ease approval procedures, authorisations valid for up to 12
months for any number of journeys may be issued, provided all the
journeys are of the same nature.
(1) Switzerland's frontier area is defined in Annex 4 to the minutes
of the fifth meeting of the Joint Committee set up under the 1992
Agreement, held in Brussels on 2 April 1998. It is generally an area
within a 10-kilometre radius of a customs post.
(2) Switzerland's frontier area is defined in Annex 4 to the minutes
of the fifth meeting of the Joint Committee set up under the 1992
Agreement, held in Brussels on 2 April 1998. It is generally an area
within a 10-kilometre radius of a customs post.
ANNEX 7
INTERNATIONAL CARRIAGE OF PASSENGERS BY COACH AND BUS
Article 1
Definitions
For the purposes of this Agreement, the following definitions shall
apply:
1. Regular services
1.1. Regular services are services which provide for the carriage of
passengers at specified intervals along specified routes, passengers
being taken up and set down at predetermined stopping points.
Regular services shall be open to all, subject, where appropriate,
to compulsory reservation.
An adaptation of the conditions of the carriage of such a service
does not affect its character as a regular service.
1.2. Services, by whomsoever organised, which provide for the
carriage of specified categories of passengers to the exclusion of
other passengers, in so far as such services are operated under the
conditions specified in point 1.1, shall be deemed to be regular
services. Such services are hereinafter called "special regular
services".
Special regular services shall include:
(a) the carriage of workers between home and work;
(b) carriage to and from the educational institution for school
pupils and students;
(c) the carriage of soldiers and their families between their State
of origin and the area of their barracks.
The fact that a special service may be varied according to the needs
of users shall not affect its classification as a regular service.
2. Occasional services
2.1. Occasional services are services which do not meet the
definition of regular services, including special regular services,
and which are characterised above all by the fact that they carry
groups of passengers assembled at the initiative of the customer or
of the carrier himself.
The organisation of parallel or temporary services comparable to
existing regular services and serving the same public as the latter
shall be subject to authorisation in accordance with the procedure
laid down in section I.
2.2. The services referred to in point 2 shall not cease to be
occasional services solely because they are provided at certain
intervals.
2.3. Occasional services may be provided by a group of carriers
acting on behalf of the same contractor.
The names of such carriers and, where appropriate, the connection
points en route shall be communicated to the competent authorities
of the European Community Member States concerned and of
Switzerland, in accordance with the procedures to be determined by
the Joint Committee.
3. Own-account transport operations
Own-account transport operations are those carried out for
non-profit-making and non-commercial purposes by a natural or legal
person, provided that:
- the transport activity is only an ancillary activity for that
natural or legal person,
- the vehicles used are the property of that natural or legal
person, or have been obtained on deferred terms by them or have been
the subject of a long-term leasing contract and are driven by that
natural or legal person or by a member of their staff.
Section I
REGULAR SERVICES SUBJECT TO AUTHORISATION
Article 2
Nature of the authorisation
1. Authorisations shall be issued in the name of the transport
undertaking; they may not be transferred by the latter to third
parties. However, the carrier who has received the authorisation
may, with the consent of the authority referred to in Article 3(1)
of this Annex, operate the service through a subcontractor. In this
case, the name of the latter undertaking and its role as
subcontractor shall be indicated in the authorisation. The
subcontractor must fulfil the conditions laid down in Article 17 of
the Agreement.
In the case of undertakings associated for the purpose of operating
a regular service, the authorisation shall be issued in the names of
all the undertakings. It shall be given to the undertaking that
manages the operation and copies shall be given to the others. The
authorisation shall state the names of all the operators.
3. Authorisations shall specify the following:
(a) the type of service;
(b) the route of the service, in particular the place of departure
and the place of destination;
(c) the period of validity of the authorisation;
(d) the stops and the timetable.
5. Authorisations shall entitle their holder(s) to operate regular
services in the territories of the Contracting Parties.
6. The operator of a regular service may use additional vehicles to
deal with temporary and exceptional situations.
In this event, the carrier must ensure that the following documents
are on board the vehicle:
- a copy of the regular service authorisation,
- a copy of the contract between the operator of the regular service
and the firm supplying the additional vehicles, or an equivalent
document,
- a certified copy of the Community licence in the case of Community
carriers, or of a similar Swiss licence in the case of Swiss
carriers, issued to the operator of the regular service.
Article 3
Submission of applications for authorisation
1. Community operators applying for authorisation shall submit their
applications in accordance with the provisions of Article 6 of
Regulation (EEC) No 684/92, as amended by Regulation (EC) No 11/98,
and Swiss operators applying for authorisation shall submit their
applications in accordance with chapter 5 of the order of 25
November 1998 on concessions for the carriage of passengers
(OCTV)(2). In the case of services exempt from authorisation in
Switzerland but subject to authorisation in the Community, Swiss
operators applying for authorisation shall submit their applications
to the competent Swiss authorities if the place of departure of such
services is in Switzerland.
3. Persons applying for authorisation shall provide any additional
information they consider relevant or which is requested by the
issuing authority. In particular, applicants should provide a
driving schedule which makes it possible to check whether the
service complies with legislation on driving and rest periods.
Community carriers should also submit a copy of the Community
licence for the international carriage of passengers by road for
hire or reward, and Swiss carriers a copy of a similar Swiss
licence, issued to the operator of the regular service.
Article 4
Authorising procedure
1. Authorisations shall be issued in agreement with the competent
authorities of the Contracting Parties on whose territories
passengers are picked up or set down. The issuing authority shall
send its assessment to such authorities - as well as to the
competent authorities of Member States of the Community whose
territories are crossed without passengers being picked up or set
down - together with a copy of the application and copies of any
other relevant documentation.
2. The competent authorities of Switzerland and of the European
Community Member States whose agreement has been requested shall
notify the issuing authority of their decision within two months.
This time limit shall be calculated from the date of receipt of the
request for an opinion which is shown in the acknowledgement of
receipt. If, within this period, the issuing authority has received
no reply, the authorities consulted shall be deemed to have given
their agreement, and the issuing authority shall issue the
authorisation.
3. Subject to paragraphs 7 and 8, the issuing authority shall take a
decision within four months of the date on which the carrier submits
the application.
4. Authorisation shall be granted unless:
(a) the applicant is unable to provide the service which is the
subject of the application with equipment directly available to him;
(b) in the past, the applicant has failed to comply with national or
international legislation on road transport, and in particular the
conditions and requirements relating to authorisations for
international road passenger services, or has committed serious
breaches of legislation in regard to road safety, in particular the
rules applicable to vehicles and driving and rest periods for
drivers;
(c) in the case of an application for renewal of an authorisation,
the authorisation conditions have not been met;
(d) it is shown that the service being applied for would directly
compromise the existence of regular services already authorised,
except in cases where the regular services in question are provided
by a single carrier or group of carriers only;
(e) it appears that the applicant intends to operate only the most
profitable of the existing services on the routes concerned;
(f) the competent authority of a Contracting Party decides, on the
basis of a detailed analysis, that the said service would seriously
affect the viability of a comparable rail service on the direct
sections concerned. All decisions taken under this provision, and
the reasons for those decisions, shall be notified to the carriers
concerned.
From 1 January 2000, where an existing international coach or bus
service is seriously affecting the viability of a comparable rail
service on the direct sections concerned, the competent authority of
a Contracting Party may, with the agreement of the Joint Committee,
suspend or withdraw the authorisation to operate the international
coach or bus service after giving the carrier six months' notice.
The fact that a carrier offers lower prices than are offered by
other road carriers, or that the route in question is already being
operated by other road carriers, may not in itself constitute
justification for refusing the application.
6. If the procedure for reaching the agreement referred to in
paragraph 1 does not result in an agreement being reached, the
matter may be referred to the Joint Committee.
7. The Joint Committee shall, as swiftly as possible, take a
decision which shall take effect within 30 days of its being
notified to Switzerland and the European Community Member States
concerned.
8. Once the procedure laid down in this Article has been completed,
the issuing authority shall inform all the authorities referred to
in paragraph 1 and shall, where appropriate, send them a copy of the
authorisation.
Article 5
Issuing and renewing authorisations
1. Once the procedure laid down in Article 4 has been completed, the
issuing authority shall either grant the authorisation or shall
formally refuse the application.
2. A decision refusing an application must state the reasons for
that refusal. The Contracting Parties shall ensure that carriers
have the opportunity to invoke their rights if their application is
refused.
3. Article 4 of this Annex shall apply, mutatis mutandis, to
applications for the renewal of authorisations or for alteration of
the conditions under which the services subject to authorisation
must be operated.
In the event of a minor alteration to the operating conditions, in
particular the adjustment of fares or timetables, the issuing
authority need only supply the information in question to the
competent authorities of the other Contracting Party.
Article 6
Lapse of an authorisation
The procedure to be followed in respect of the lapse of an
authorisation shall be as laid down in Article 9 of Regulation (EEC)
No 684/92 and in Article 44 of the OCTV.
Article 7
Obligations of carriers
1. Save in the event of force majeure, the operator of a regular
service shall, until the authorisation expires, take all measures to
guarantee a transport service that meets the required standards of
continuity, regularity and capacity and complies with the other
conditions laid down by the competent authority in accordance with
Article 2(3) of this Annex.
2. The carrier shall publish the route of the service, the stops,
the timetable, the fares and the conditions of carriage - in so far
as these are not laid down by law - in such a way as to ensure that
this information is readily available to all users.
3. It shall be possible for Switzerland and the European Community
Member States concerned, by common agreement and in agreement with
the holder of the authorisation, to make changes to the operating
conditions governing a regular service.
Section II
OCCASIONAL SERVICES AND OTHER SERVICES EXEMPT FROM AUTHORISATION
Article 8
Control document
1. The services referred to in Article 18(1) of the Agreement shall
be carried out under cover of a control document (journey form).
3. The books of journey forms shall be supplied by the competent
authorities of Switzerland or the European Community Member State
where the carrier is established or by bodies appointed by those
authorities.
4. The model for the control document and the way in which it is to
be used shall be as laid down in Regulation No 2121/98.
Article 9
Certificate
The certificate referred to in Article 18(6) of the Agreement shall
be issued by the competent authority of Switzerland or the European
Community Member State where the vehicle is registered.
It shall conform to the model set out in Regulation (EC) No 2121/98.
Section III
CONTROLS AND PENALTIES
Article 10
Transport tickets
1. Passengers using a regular service, excluding special regular
services, shall throughout their journey possess transport tickets,
either individual or collective, which indicate:
- the places of departure and destination and, where appropriate,
the return journey,
- the period of validity of the ticket,
- the fare.
2. The transport ticket provided for in paragraph 1 shall be
presented at the request of any authorised inspecting officer.
Article 11
Inspections on the road and in undertakings
1. In the case of carriage for hire or reward, the following
documents must be carried on board the vehicle and must be presented
at the request of any authorised inspecting officer: a certified
true copy of the Community licence for Community carriers or of the
similar Swiss licence for Swiss carriers and, depending on the type
of service, either the authorisation (or a certified copy thereof)
or the journey form.
In the case of own-account transport operations, the certificate (or
a certified copy thereof) must be carried on board the vehicle and
must be presented at the request of any authorised inspecting
officer.
In the case of the services covered by Article 18(2) of the
Agreement, the contract or a certified true copy of it shall serve
as a control document.
2. Carriers operating coaches and buses in international passenger
transport shall allow all inspections intended to ensure that
operations are being conducted correctly, in particular as regards
driving and rest periods.
Article 12
Mutual assistance
1. The competent authorities of the Contracting Parties shall, on
request, provide each other with any relevant information in their
possession concerning:
- breaches of this Agreement, and of other rules governing the
international carriage of passengers by coach or bus, committed in
their territory by a carrier from another Contracting Party, and the
penalties imposed,
- the penalties imposed on their own carriers for breaches committed
on the other Contracting Party's territory.
2. The competent authorities of the Contracting Party in which the
carrier is established shall withdraw the Community licence or the
similar Swiss licence if the holder:
- no longer meets the conditions laid down in Article 17(1) of the
Agreement,
- has provided inaccurate information on the data needed for issuing
the Community licence or similar Swiss licence.
3. The issuing authority shall withdraw an authorisation if the
holder no longer meets the conditions for issuing that authorisation
under this Agreement, in particular if the competent authorities of
the Contracting Party in which the carrier is established request
such withdrawal. The issuing authority shall immediately inform the
competent authorities of the other Contracting Party.
4. If a carrier commits a serious breach or repeatedly commits minor
breaches of transport regulations and road safety rules, in
particular the rules applicable to vehicles, driving and rest
periods for drivers and the unauthorised operation of the parallel
or temporary services referred to in Article 1(2.1), the competent
authorities of the Contracting Party in which that carrier is
established may, in particular, withdraw his Community licence or
similar Swiss licence, or may temporarily and/or partially withdraw
the certified copies of his Community licence or similar Swiss
licence.
These penalties shall be determined according to the seriousness of
the offence committed by the holder of the Community licence or
similar Swiss licence, and according to the total number of
certified copies he possesses in connection with his international
transport operations.
(1) Commission Regulation (EC) No 2121/98 of 2 October 1998 laying
down detailed rules for the application of Council Regulations (EEC)
No 684/92 and (EC) No 12/98 as regards documents for the carriage of
passengers by coach and bus (OJ L 268, 3.10.1998, p. 10).
(2) RS/SR 744.11.
ANNEX 8
LIST OF THE PROVISIONS CONTAINED IN THE BILATERAL ROAD TRANSPORT
AGREEMENTS CONCLUDED BY SWITZERLAND WITH THE DIFFERENT MEMBER STATES
OF THE COMMUNITY RELATING TO THE GRANTING OF AUTHORISATIONS FOR THE
CARRIAGE OF PASSENGERS IN TRIANGULAR TRAFFIC
>TABLE POSITION>
ANNEX 9
THE QUALITY OF RAIL AND COMBINED TRANSPORT SERVICES
Should Switzerland wish to take the safeguard measures referred to
in Article 46 of the Agreement, the following conditions shall
apply.
1. The average price of rail or combined transport through
Switzerland must not be greater than the cost for a vehicle of 40 t
maximum authorised weight travelling a distance of 300 km across the
Alps. In particular, the average price charged for accompanied
combined transport ("truck on train") must not exceed the costs of
road transport (road charges and variable costs).
2. Switzerland has taken steps to increase the competitiveness of
combined transport and the carriage of goods by rail through its
territory.
3. The parameters used in evaluating the competitiveness of combined
transport and the carriage of goods by rail shall include at least
the following:
- the extent to which timetables and speed meet the needs of the
users,
- the degree to which the providers of the service guarantee and
accept responsibility for its quality,
- the extent to which the Swiss operators meet their
quality-of-service commitments or, if they fail to do so, the extent
to which customers are compensated,
- booking conditions.
ANNEX 10
RULES FOR APPLYING THE CHARGES PROVIDED FOR IN ARTICLE 40
Subject to the provisions of Article 40(3.(b)) and (5), the charges
provided for in Article 40 shall be applied as follows:
(a) in the case of transport operations in Switzerland, the charges
shall be increased or decreased in proportion to the extent to which
the actual distance travelled in Switzerland is greater than or less
than 300 km;
(b) the charges shall be proportional to the vehicle's weight
category.
Final Act
The Plenipotentiaries
of the EUROPEAN COMMUNITY
and
of the SWISS CONFEDERATION,
meeting on the twenty-first day of June in the year one thousand
nine hundred and ninety-nine in Luxembourg for the signature of the
Agreement between the European Community and the Swiss Confederation
on the carriage of goods and passengers by rail and road have
adopted the Joint Declarations mentioned below and attached to this
Final Act:
- Joint Declaration on Article 38(6),
- Joint Declaration on further negotiations.
They also took note of the following Declarations annexed to this
Final Act:
- Declaration on Swiss attendance of committees,
- Declaration by Switzerland on the use of tariff quotas (40 t),
- Declaration by the European Community on the use of tariff quotas
(40 t),
- Declaration by Switzerland on Article 40(4),
- Declaration by Switzerland on the facilitation of customs
procedures (Article 43(1)).
Hecho en Luxemburgo, el ventiuno de junio de mil novecientos noventa
y nueve.
Udfördiget i Luxembourg den enogtyvende juni nitten hundrede og
nioghalvfems.
Geschehen zu Luxemburg am einundzwanzigsten Juni
neunzehnhundertneunundneunzig.
>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ õčś˙ėł üčń É˙įżč˙į ščūłń
õżżłńśŽėłń õżõżČżĮń õżżąń.
>ISO_1>Done at Luxembourg on the twenty-first day of June in the
year one thousand nine hundred and ninety-nine.
Fait š Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt
dix-neuf.
Fatto a Lussemburgo, addü ventuno giugno millenovecentonovantanove.
Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd
negenennegentig.
Feito em Luxemburgo, em vinte e um de Junho de mil novecentos e
noventa e nove.
Tehty Luxemburgissa kahdentenakymmenentenōensimmōisenō pōivōnō
kesōkuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōyhdeksōn.
Som skedde i Luxemburg den tjugofŠrsta juni nittonhundranittionio.
Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die
Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ
Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł
europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela
Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska
gemenskapens vōgnar
>PIC FILE= "L_2002114EN.012901.TIF">
>PIC FILE= "L_2002114EN.012902.TIF">
Por la Confederaciėn Suiza
For Det Schweiziske Edsforbund
FŽr der Schweizerischen Eidgenossenschaft
>ISO_7>Ćłń Į÷ż ÅūņõĮłśČ Óįż˙ü˙ėĘ˙żōčń
>ISO_1>For the Swiss Confederation
Pour la Confłdłration suisse
Per la Confederazione svizzera
Voor de Zwitserse Bondsstaat
Pela Confedera÷óo Suż÷a
Sveitsin valaliiton puolesta
Põ Schweiziska EdsfŠrbundets vōgnar
>PIC FILE= "L_2002114EN.012903.TIF">
>PIC FILE= "L_2002114EN.012904.TIF">
JOINT DECLARATION
on Article 38(6)
The Contracting Parties declare that the provisions of Article 38(6)
shall be without prejudice to the application, under the Swiss
Federal system, of instruments falling within the Federal financial
equalisation system.
JOINT DECLARATION
on further negotiations
The European Community and the Swiss Confederation declare their
intention of undertaking negotiations to conclude agreements in
areas of common interest such as the updating of Protocol 2 to the
1972 Free Trade Agreement and Swiss participation in certain
Community training, youth, media, statistical and environmental
programmes. Preparatory work for these negotiations should proceed
rapidly once the current bilateral negotiations have been concluded.
DECLARATION
on Swiss attendance of committees
The Council agrees that Switzerland's representatives may, in so far
as the items concern them, attend meetings of the following
committees and expert working parties as observers:
- Committees of research programmes, including the Scientific and
Technical Research Committee (CREST),
- Administrative Commission on Social Security for Migrant Workers,
- Coordinating Group on the mutual recognition of higher-education
diplomas,
- Advisory Committees on air routes and the application of
competition rules in the field of air transport.
Switzerland's representatives shall not be present when these
committees vote.
In the case of other committees dealing with areas covered by these
agreements in which Switzerland has adopted either the acquis
communautaire or equivalent measures, the Commission will consult
Swiss experts by the method specified in Article 100 of the EEA
Agreement.
DECLARATION BY SWITZERLAND
on the use of tariff quotas (40 t)
Switzerland declares that not more than 50 % of the quotas provided
for in Article 8 of the Agreement for Swiss vehicles of which the
actual total laden weight does not exceed 40 t will be used for
import, export and transit carriage.
DECLARATION BY THE EUROPEAN COMMUNITY
on the use of tariff quotas (40 t)
The Community declares that, according to its current estimates, it
expects that approximately 50 % of its quotas under Article 8 will
be used for bilateral transport operations.
DECLARATION BY SWITZERLAND
on Article 40(4)
Switzerland declares, in relation to the application of the charges
referred to in Article 40(4) of the Agreement, that it will fix the
actual charges applicable until the opening of the first base
tunnel, or 1 January 2008, whichever is the earlier, at a level
below the maximum amount permitted by that provision. Switzerland
intends, on the basis of this current planning, to fix the level in
2005, 2006 and 2007 at CHF 292,50 on average and CHF 350 as a
maximum.
DECLARATION BY SWITZERLAND
on the facilitation of customs procedures (Article 43(1))
So as to facilitate customs clearance at road border crossings
between the European Union and Switzerland, Switzerland agreed to
the following measures, which will be agreed on a priority basis,
during the course of 1999, in the Joint Committee established under
the 1992 Agreement:
- to ensure, in cooperation with the customs offices of its
neighbours, that the business hours of the offices at the major
border crossings are long enough so as to permit HGVs to begin their
journey through Switzerland as soon as the night time ban ends or to
continue their journey until the ban starts. If necessary, an extra
charge reflecting the additional costs can be levied for this
purpose. This charge, however, should not exceed CHF 8;
- to achieve, by 1 January 2000, and to maintain thereafter, in
cooperation with the customs authorities of its neighbouring
countries, a customs clearance time for HGVs of 30 minutes for each
border crossing between Switzerland and the European Union (measured
from entry to the first customs office to clearance of the second).
Information relating to the entry into force of the seven Agreements
with the Swiss Confederation in the sectors free movement of
persons, air and land transport, public procurement, scientific and
technological cooperation, mutual recognition in relation to
conformity assessment, and trade in agricultural products
The final notification of completion of the procedures necessary for
the entry into force of the seven Agreements in the sectors free
movement of persons, air and land transport, public procurement,
scientific and technological cooperation, mutual recognition in
relation to conformity assessment, and trade in agricultural
products between the European Community and its Member States, on
the one hand, and the Swiss Confederation on the other hand, signed
in Luxembourg on 21 June 1999, having taken place on 17 April 2002,
these agreements will enter into force, simultaneously, on 1 June