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Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Subject Matter

21 Articles / Provisions · Switzerland · Canton of Fribourg
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Table of Provisions (21)

Art. 1 Agreement between the Cantons of Bern and Fribourg regarding the Implementation of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 2 Agreement between the Cantons of Bern and Fribourg regarding the Implementation of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg - Addressees Art. 3 Agreement between the Cantons of Bern and Fribourg regarding the Execution of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 4 Agreement between the Cantons of Bern and Fribourg on the Implementation of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 5 Agreement between the Cantons of Bern and Fribourg on the Execution of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 6 Agreement between the Cantons of Bern and Fribourg concerning the Implementation of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 7 Agreement between the Cantons of Bern and Fribourg on the Implementation of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 8 Agreement between the Cantons of Bern and Fribourg on the Implementation of the Transition of the Municipality of Clavaleyres to the Canton of Fribourg Art. 9 Agreement between the Cantons of Bern and Fribourg concerning the Execution of the Transition of the Municipality of Clavaleyres to the Canton of Fribourg - Direct Payments Art. 10 Agreement between the Cantons of Bern and Fribourg concerning the Execution of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 11 Agreement between the Cantons of Bern and Freiburg on the Implementation of the Transfer of the Municipality of Clavaleyres to the Canton of Freiburg Art. 12 Agreement between the Cantons of Bern and Fribourg on the Implementation of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 13 Agreement between the Cantons of Bern and Fribourg regarding the Execution of the Transition of the Municipality of Clavaleyres to the Canton of Fribourg Art. 14 Agreement between the Cantons of Bern and Fribourg on the Implementation of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 15 Agreement Between the Cantons of Bern and Fribourg on the Execution of the Transition of the Municipality of Clavaleyres to the Canton of Fribourg Art. 16 Agreement between the Cantons of Bern and Fribourg on the Implementation of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 17 Agreement between the Cantons of Bern and Fribourg concerning the Execution of the Transition of the Municipality of Clavaleyres to the Canton of Fribourg Art. 18 Agreement between the Cantons of Bern and Fribourg concerning the Execution of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 19 Agreement between the Cantons of Bern and Fribourg on the Implementation of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 20 Agreement between the Cantons of Bern and Fribourg on the Execution of the Transfer of the Municipality of Clavaleyres to the Canton of Fribourg Art. 21 Agreement between the Cantons of Bern and Fribourg on the Implementation of the Transition of the Municipality of Clavaleyres to the Canton of Fribourg

Statutory Text (21 Articles)

General Provisions
Art. 1 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Subject Matter Open official source

1. This Agreement contains technical, financial, administrative, and legal implementation provisions regarding the Territorial Change Concordat of March 12 and 13, 2019, concerning the transfer of the Bernese municipality of Clavaleyres to the Canton of Fribourg.

General Provisions
Art. 3 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Ensuring Administrative Operations from January 1, 2022 Open official source

1. The Bernese authorities shall transfer all data and additional information, either in original or in copy, to the Fribourg authorities that are necessary for the continuation of smooth administrative operations as of January 1, 2022.

2. The Bernese authorities shall grant the Fribourg authorities the necessary (electronic) access to data and data collections, no later than January 1, 2022, and for as long as required.

3. The authorities of both cantons shall at all times provide the necessary information and allow for inspection.

General Provisions
Art. 4 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Archival Materials Open official source

1. The authorities of Bern hand over the necessary archival materials to the authorities of Fribourg.

2. The principle applies that as few file separations as possible should be carried out.

3. Completed dossiers remain with the Canton of Bern and are archived by them.

General Provisions
Art. 5 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Civil Status Register Open official source

1. The Bern Civil Registry Office shall hand over the family registers and civil registers of Clavaleyres, along with the associated documents, to the Fribourg Civil Registry Office. Collection shall be carried out by the Fribourg Civil Registry Office.

2. The event registers maintained in paper form for Clavaleyres shall remain with the Bern Civil Registry Office.

3. The Bern Civil Registry Office shall issue extracts from the event registers maintained in paper form for Clavaleyres, subject to a fee.

General Provisions
Art. 6 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Finances Open official source

1. Unless an explicit provision regarding costs is specified in this agreement, enforcement actions by both cantons shall be executed without mutual cost reimbursement.

2. Unless otherwise stipulated in this agreement, from January 1, 2022, the Canton of Fribourg shall assume all financial obligations of the Canton of Bern related to the district of Clavaleyres.

General Provisions
Art. 7 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Implementation Open official source

1. Final judgments and orders issued by the Canton of Bern are generally enforced by the authorities of the Canton of Fribourg.

2. The Canton of Fribourg may request the assistance of the Canton of Bern.

Regulatory Areas - Operating Aids, Investment Loans, Direct Payments
Art. 8 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Operational Aids and Investment Loans Open official source

1. The administration of operational aids and investment loans that have been granted pursuant to Articles 78 ff. and 105 ff. of the Federal Law of April 29, 1998, on Agriculture (Agriculture Act, LwG; SR 910.1) before the time of the territorial change, remains under the jurisdiction of the Canton of Bern or the Bernese units tasked with their implementation.

2. The Fribourg authorities may collaborate with the Bernese authorities according to the modalities agreed upon between the various affected cantonal units, particularly in the area of repayments.

Regulatory Areas - Operating Aids, Investment Loans, Direct Payments
Art. 9 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Direct Payments Open official source

1. For the proceedings related to direct payments that were initiated before the date of the territorial change, the Canton of Bern retains jurisdiction, and they remain subject to Bernese legislation. The Canton of Fribourg may participate in the execution of the issued orders.

2. From the date of the territorial change, the Canton of Fribourg is responsible for the administration of direct payments.

Areas of Regulation - Financial Equalization and Burden Sharing
Art. 11 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Repayment Obligations and Credits Open official source

1. Any repayment obligations or credits for the year 2021 will continue to be processed by the Canton of Bern based on the Bernese Law of November 27, 2000, on Financial and Burden Sharing (FILAG; BSG 631.1).

Regulatory Areas - Cantonal and Communal Legal Succession
Art. 12 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Principle Open official source

1. The Canton of Fribourg assumes the general legal succession of the Canton of Bern with the change of boundaries. Articles 13 and 14 remain reserved.

Areas of Regulation - Cantonal and Municipal Legal Succession
Art. 13 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Exception Open official source

1. The legal succession of the new municipality of Murten does not apply in the case of the municipal association Betagtenzentrum Laupen.

**Regulatory Areas - Cantonal and Municipal Legal Succession**
Art. 14 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Municipal Regulations of Clavaleyres Open official source

1. Insofar as the application of the temporarily continuing municipal regulations of Clavaleyres implies the issuance of orders, the law of the Canton of Bern shall continue to apply to these orders during their period of validity.

2. According to the applicable municipal regulations of Clavaleyres, the legal system of the Canton of Bern, upon which these regulations are based, shall apply to the relevant circumstances.

Regulatory Areas - Additional Regulatory Areas
Art. 15 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Ongoing Debt Enforcement and Bankruptcy Proceedings Open official source

1. The competent directorates of both cantons shall make the necessary arrangements regarding the handling of ongoing debt enforcement and bankruptcy proceedings.

1. Regulatory Areas - Other Regulatory Areas
Art. 16 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Execution of Justice Open official source

1. The competent directorates of both cantons make the necessary arrangements in the area of penal execution concerning the transfer of execution competencies and the execution of mutual legal assistance.

Regulatory Areas - Additional Regulatory Areas
Art. 17 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Cultural Assets and Architectural Monuments Open official source

1. At the time of the territorial change, the cultural properties listed in the register of immovable monuments of the Canton of Bern shall be integrated into the register of cultural properties of the Canton of Fribourg.

2. The valuable architectural monuments within the meaning of Article 10b paragraph 3 of the Bernese Building Law of June 9, 1985 (BauG; BSG 721.0) shall be integrated with the value C3 within the meaning of Articles 48 and 49 of the Fribourg Implementation Regulation of August 17, 1993, on the Law on the Protection of Cultural Properties (ARKGSG; SGF 482.11).

3. The protected architectural monuments within the meaning of Article 10b paragraph 2 BauG shall be integrated with the value B2 within the meaning of Articles 48 and 49 ARKGSG.

**Regulatory Areas - Additional Regulatory Areas**
Art. 18 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Archaeological Sites Open official source

1. The competent authorities of both cantons shall make the necessary arrangements concerning the inventory and possible transfer of discovered items.

**Regulatory Areas - Additional Regulatory Areas**
Art. 19 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg - Electricity Supply Network Areas Open official source

1. Allocation of Network Areas is governed by the Freiburg Law of September 11, 2003, on Electricity Supply (ESA; SGF 772.0.2).

2. Following the transfer of the Bernese municipality of Clavaleyres to the canton of Freiburg and its merger with the municipality of Murten, the official document of network areas and the Regulation of November 25, 2014, on Electricity Supply (ESR; SGF 772.0.21) of the canton of Freiburg will be amended.

3. The provisions of the superior law, the procedures based thereon, and existing rights of third parties remain reserved.

General Clause and Dispute Resolution Procedure
Art. 20 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg Open official source

1. The General Clause pursuant to Article 19 and the Dispute Resolution Procedure pursuant to Article 20 of the Territorial Change Concordat of March 12 and 13, 2019, are applicable mutatis mutandis.

Approval and Entry into Force
Art. 21 Implementing Agreement Between the Canton of Bern and the Canton of Fribourg Concerning the Transfer of the Commune of Clavaleyres to the Canton of Fribourg Open official source

**1. This Agreement shall enter into force on January 1, 2022, upon its signing by the Government Council of the Canton of Bern and by the Council of State of the Canton of Fribourg.**

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