Agreement on the Territorial Change Resulting from the Transfer of the Bernese Municipal Commune of Clavaleyres to the Canton of Fribourg - Subject Matter

1. This Territorial Modification Concordat provides for the transfer of the municipality of Clavaleyres from the Canton of Bern to the Canton of Fribourg and regulates the procedural modalities and consequences of this transfer.

2. The area affected by the transfer corresponds to the municipal territory of the municipality of Clavaleyres (cartographic representation in Annex 1).

1. Canton of Bern, Municipality of Clavaleyres


1. In this Concordat, the following terms mean

a) Municipality of Clavaleyres: Political municipality of the Canton of Bern before the cantonal change and the merger with the Municipality of Murten;

b) Municipality of Murten: Municipality of the Canton of Fribourg before the merger with the Municipality of Clavaleyres;

c) Change of territory: Territorial conditions at the time of the entry into force of this territorial amendment concordat;

d) New Municipality of Murten: Municipality of the Canton of Fribourg that is formed from the merger of the former Municipality of Clavaleyres with the Municipality of Murten;

e) District of Clavaleyres: Area of the former Municipality of Clavaleyres as part of the new Municipality of Murten;

f) Local Municipality of Murten: Corporation according to Fribourg municipal law.

1. The two governments shall be empowered to conclude further agreements for the regulation of technical, financial, administrative, and legal matters, specifically in the following areas

a) all registers, data, and in particular geobase data;

b) complete archival materials;

c) subsidies and financial aids, substitute contributions;

d) financial and burden sharing;

e) intercommunal cooperation (including school and training agreements);

f) transfer and modification of existing legal relationships (including permanent dispositions, contracts, concessions, [professional practice] licenses);

g) forestry and agriculture;

h) debt enforcement and bankruptcy;

i) spatial planning (land use plans, protective structures);

j) monument preservation and architectural heritage;

k) public transportation;

l) roads, electricity grid area allocation, building promotion program;

m) economic development;

n) road traffic and navigation (transfer of registrations, permits, and licenses, taxation);

o) social issues, child and adult protection, elderly and care sector, health insurance;

p) Swiss nationals abroad.

2. The authorities of the two cantons commit to cooperation and the necessary exchange of data for the preparation of further agreements. The individuals and municipal bodies affected by this will be informed and consulted in an appropriate manner beforehand.

1. The territory of the municipality of Clavaleyres shall, upon the entry into force of this Concordat, become part of the territory of the Canton of Fribourg.

1. Residents of Clavaleyres become residents of the Canton of Fribourg and residents of the new municipality of Murten.

2. Citizens of Clavaleyres become citizens of the Canton of Fribourg and citizens of the new municipality of Murten.

3. The admission of citizens according to Bernese law into the local municipality of Murten is determined by Fribourg law.

1. Upon the entry into force of this concordat, the municipality of Clavaleyres becomes a part of the new municipality of Murten, and as such, it shares the legal status of Murten within the organization of the Canton of Fribourg.

1. The Protestant Reformed and Roman Catholic church communities located within the territory of the municipality of Clavaleyres shall adopt the legal framework of the Canton of Fribourg at the time of the merger.

2. They shall organize themselves according to the provisions of the Fribourg Law of September 26, 1990, concerning the relations between the churches and the state (KSG), as well as their respective church statutes.

1. Upon the entry into force of this concordat, the legal system of the Canton of Fribourg shall apply to the territory and people of the district of Clavaleyres.

2. Exceptions to this principle shall only apply if provided for by the present concordat or the inter-cantonal enforcement agreement.

1. Civil, criminal, and public law proceedings pending before the Bernese authorities at the time of the cantonal change shall be continued by these authorities until their final conclusion, unless federal law provides for a different jurisdiction.

1. Orders issued by the Canton of Bern or the municipality of Clavaleyres that establish ongoing legal relationships, particularly permits, licenses, and certificates of proficiency, shall remain valid as long as they do not require renewal or modification under Bernese law and shall be considered recognized under Fribourg law. In the event of a renewal or modification, Fribourg law shall apply.

2. Concessions may be adapted to Fribourg law while respecting the acquired rights of the concessionaires.

3. The inter-cantonal implementation agreement may provide specific regulations for certain types of orders.

1. The duration of residency in the municipality of Clavaleyres is fully credited towards the residency requirement for obtaining the cantonal citizenship of Fribourg.

2. The duration of residency of foreign nationals with a permanent residence permit in the municipality of Clavaleyres is fully credited towards the exercise of political rights in the new municipality of Murten.

1. The existing local planning is adopted, subject to any conflicting cantonal law. Within this framework, the local planning remains valid until the next comprehensive revision of the local planning for the new municipality of Murten.

1. The designation "Bern AOC" for the vineyard Oberer Hubel in the municipality of Clavaleyres shall continue to be governed by Bernese legislation.

1. The Cantonal Road (Parcel Land Register No. 6) is transferred extrajudicially and without compensation from the Canton of Bern to the Canton of Fribourg at the time of the territorial change. The transfer occurs in a state free of defects.

2. In a second step, also at the time of the territorial change, the Cantonal Road (Parcel Land Register No. 6) is transferred extrajudicially and without compensation from the Canton of Fribourg to the new Municipality of Murten, in accordance with the Fribourg Road Act of December 15, 1967 (StrG), and becomes a municipal road.

1. From the time of the territorial change, the natural and legal persons liable to tax in Clavaleyres shall be subject to the tax legislation of the Canton of Fribourg. The Canton of Fribourg shall regulate the collection of advance payments for these tax periods.

2. The Canton of Bern is responsible for the last year before the territorial change. The assessment and any objections and appeal proceedings (Appeal Commission, Administrative Court) are the responsibility of the authorities of the Canton of Bern, as is the collection of the taxes.

1. In the last year before the change in territory, the taxable value (official value) of real estate remains unchanged. The assessment for wealth tax and property tax is carried out by the authorities of the Canton of Bern.

2. The Canton of Fribourg determines the new taxable value and the imputed rental value by the end of the year following the change in territory.

1. From the tax period starting with the effective date of the territorial change, the municipality of Murten shall be responsible for the collection of the property tax.

2. The property tax for the tax period starting with the effective date of the territorial change shall be determined based on the last tax value established by the authorities of the Canton of Bern.

1. The Canton of Bern levies causal charges that became due before the territorial change.

2. Causal charges that are directly related to the territorial change are not levied.

1. If neither the present concordat nor the inter-cantonal enforcement agreement provides a regulation, the competent cantonal authorities shall confer on the procedure.

2. If the two competent authorities cannot reach an agreement, the governments of the two cantons shall seek a solution through direct contact.

1. The two cantons shall endeavor to resolve disputes arising from this concordat and the inter-cantonal implementation agreement through negotiation or mediation.

2. If the governments cannot reach an agreement within a reasonable period, either of them may request the Confederation to act as a mediator.

3. The Confederation, acting as a mediator, shall conduct discussions with the representatives of the two cantons.

4. If mediation does not lead to an agreement within a reasonable period from the submission of the mediation request, each canton has the option to file a lawsuit with the Federal Supreme Court pursuant to Article 120 paragraph 1 letter b of the Federal Act of June 17, 2005, on the Federal Supreme Court (Federal Supreme Court Act, FSCA).

1. The present concordat shall be submitted to the parliaments of both cantons for approval after its signing and the definitive entry into force of the results of the municipal referendums of Murten and Clavaleyres on the inter-municipal fusion agreement.

2. It is subject to a referendum in both cantons. The referendum will take place in both cantons on the same date. The two governments shall agree on the date.

3. After the acceptance of the present concordat by the eligible voters in both cantons, the two governments shall submit the territorial change to the Confederation for approval by the Federal Assembly in accordance with Article 53 (3) of the Federal Constitution.

1. Inter-cantonal agreements concluded in relation to the municipality of Clavaleyres may be revoked or adjusted by the governments of the two cantons.

1. The governments of the two cantons shall determine the date of entry into force of the territorial amendment concordat.