Act Relating to the Approval of the Concordat Between the Canton of Bern and the Republic and Canton of Jura Concerning the Transfer of the Municipality of Moutier to the Canton of Jura and the Repeal of Article 139 of the Constitution

This concordat governs the transfer of the municipal commune of Moutier (hereinafter: "the commune of Moutier") to the Republic and Canton of Jura (hereinafter: "the canton of Jura"), the resulting territorial modification, and the general principles of this transfer.

1 The Municipality of Moutier is integrated into the Canton of Jura as of the date of the transfer.

2 The geographical area affected by the territorial modification resulting from the transfer of the Municipality of Moutier corresponds to the communal territory of Moutier as specified in Annex 1 of this concordat.

From the date of the transfer, the municipality of Moutier and its territory are subject to the legal order of the Canton of Jura, subject to contrary provisions of federal law or this agreement.

1 The residents of the municipality of Moutier become residents of the canton of Jura.

2 Persons holding the citizenship of the municipality of Moutier obtain the citizenship of the canton of Jura and lose the citizenship of the canton of Bern.

3 The duration of residence of persons in the municipality of Moutier is taken into account for the acquisition of Jura citizenship and for the entitlement to political rights in the canton of Jura.

From the date of the transfer, the bourgeois municipality of Moutier becomes a bourgeois municipality within the meaning of Jura law.

1 The governments of the two cantons may regulate, in an execution agreement, the effects of the transfer of the municipality of Moutier on the Reformed Evangelical Church, the Roman Catholic Church, and the Christian Catholic Church and their parishes present in the territory of the municipality.

2 The execution agreement may provide that the Churches of the two cantons enter into an agreement under their own responsibility. This agreement must be approved by the governments of the two cantons.

1. Civil, criminal, and public law proceedings pending before the Bernese authorities on the date of transfer shall continue before these authorities, in accordance with Bernese law, until the decisions become final, provided that federal legislation, this concordat, or an implementation agreement does not stipulate otherwise.

2. Technical, financial, administrative, and legal issues may be settled in an implementation agreement.

1 Decisions issued by the Bernese cantonal authorities and the municipality of Moutier that govern legal relations of a certain duration having effects in the territory of Moutier, such as authorizations to practice or operate, are subject to renewal by the competent authorities in accordance with Jura law. Until their renewal, which must occur within a maximum of three years from the date of transfer, these decisions remain valid and are deemed to comply with Jura law.

2 The provisions of the Federal Law of 6 October 1995 on the Internal Market (LIM) apply by analogy where necessary

a) to the renewal of decisions referred to in paragraph 1, as well as in cases where an authorization to practice or operate is required in the Canton of Jura but not in the Canton of Bern;

b) to the recognition of certificates of competence issued by the Canton of Bern.

3 The governments of the two cantons shall, in an implementation agreement, regulate the adaptation of concessions to Jura law, subject to the acquired rights of the concession holder.

4 Exceptions, as well as technical, financial, administrative, and legal matters, may be regulated in an implementation agreement.

1. Judgments, decisions, and appellate decisions issued by the Canton of Bern in matters of public law are, in principle, enforced by the authorities of Jura. Paragraph 4 is reserved.

2. The competence to enforce judgments and decisions in civil matters, where enforcement is not governed by the Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy (DEBA), is governed by the Code of Civil Procedure of 19 December 2008 (CPC).

3. The competence to enforce judgments, decisions, and appellate decisions whose enforcement is governed by the DEBA is governed by that Act.

4. Judgments and decisions issued by the Canton of Bern in criminal matters are executed by the Canton of Bern.

5. The competent authority for enforcement may request assistance from the other canton.

6. The Bern authorities are responsible for compensation and moral redress to be provided in accordance with the Federal Act of 23 March 2007 on Assistance to Victims of Offenses (LAVI) arising from offenses committed in the territory of the municipality of Moutier before the date of transfer. Article 26, paragraph 2, LAVI is reserved.

7. Exceptions as well as technical, financial, administrative, and legal questions may be settled in an enforcement agreement.

1 From the date of transfer, natural persons and legal entities taxable in the municipality of Moutier are subject to the tax legislation of the canton of Jura. They are liable to tax in the canton of Jura from the fiscal period beginning on the date of the transfer.

2 Tax assessment and the collection of taxes for fiscal years prior to the date of transfer remain under the jurisdiction of the Bernese authorities and are subject to Bernese law, including for the modification of tax decisions that have become final.

3 The canton of Bern pays to the municipality of Moutier the total amount of municipal taxes collected that are owed for the fiscal years prior to the date of transfer. The municipality of Moutier transfers to the canton of Bern all assets resulting from claims of the canton that arose in connection with municipal taxes for fiscal years preceding the date of transfer.

4 Technical, financial, administrative, and legal issues may be settled in an implementation agreement.

Acts and interventions by authorities directly related to the transfer of the municipality of Moutier to the canton of Jura are exempt from fees and expenses.

1 Within the framework of compulsory education, the two cantons ensure the continuity of student schooling.

2 Within the framework of both compulsory and post-compulsory education, the governments of the two cantons are authorized to conclude agreements allowing individuals residing in one of the cantons to benefit from the educational offerings provided by the other. They are also authorized to address technical, financial, administrative, and legal matters in an implementation agreement.

1 The governments of the two cantons allocate to the hospital site of Moutier, on their respective hospital lists, the same service mandates according to the federal legislation on health insurance, for a duration limited to five years from the date of transfer.

2 The service mandates referred to in paragraph 1 correspond to the status of the hospital lists of the Canton of Bern as of July 14, 2022, for the Moutier site according to annex 2 of this concordat, provided that the Bernese government does not withdraw some of these mandates before the date of the transfer.

3 The two cantons commit to conducting a coordinated review of their respective hospital lists for the Moutier site after the transfer and during the transitional period according to paragraph 1, in accordance with the applicable federal law and the recommendations of the Conference of Cantonal Health Directors regarding hospital planning.

1 If the concerned municipalities wish and if the subject matter allows, existing inter-communal collaborations between the municipality of Moutier and the Bernese municipalities may be maintained.

2 If necessary, the governments of the two cantons may, in an implementation agreement and after consulting the concerned municipalities, regulate the necessary modalities considering the inter-cantonal nature of the collaboration, notably by determining the applicable law.

1 The Canton of Jura assumes management of the polluted sites located in the municipality of Moutier listed in the Bernese register of contaminated sites.

2 The remediation of site no. 07000055 in the aforementioned register and the related costs remain, even after the date of transfer, within the jurisdiction and at the expense of the Canton of Bern.

3 The Canton of Bern shall pay the Canton of Jura a lump sum amount of 2.8 million Swiss francs as a settlement of all accounts, as a contribution to the costs arising from the measures required according to paragraph 1.

4 Technical, financial, administrative, and legal matters can be settled in an implementation agreement.

1 The canton of Jura is entitled to a share of the net assets of the canton of Bern, corresponding to the proportion of the population of the municipality of Moutier relative to the total population of the canton of Bern, calculated according to the formula provided in annex 3 of this concordat.

2 The net assets as referred to in paragraph 1 include

a) equity capital;

b) commitments to special financing and third-party capital funds.

1 The settlement of the right established in Article 16 is effected by a transfer

a) of real estate owned by the Canton of Bern located within the territory of the Municipality of Moutier;

b) of certain shares held by the Canton of Bern in companies.

2 Appendix 4 of the present concordat contains

a) a comprehensive list of the real estate transferred according to paragraph 1, subparagraph a;

b) a comprehensive list of the companies of which a portion of the holdings is transferred according to paragraph 1, subparagraph b;

c) the calculation of the portion of holdings transferred according to paragraph 1, subparagraph b.

3 The real estate and portion of holdings referred to in paragraph 1 are transferred to the Canton of Jura at the values defined in Article 18.

4 The difference in value between the right according to Article 16 and the settlement of this right according to Article 17 is compensated by the payment of a sum of money between the two cantons. The related debt may be amortized over a maximum period of ten years, with the terms to be determined, if necessary, in an execution agreement.

For the calculation of the canton of Jura's rights arising from Article 16, as well as for the determination of the value of the assets specified in Article 17, the following values and figures, as of December 31 of the year preceding the date of transfer, are decisive

a) Net assets: book values in accordance with the harmonized accounting model 2, based on the balance sheet of the canton of Bern approved by the Great Council (hereinafter abbreviated as "MCH2 balance sheet");

b) Real estate: book values in accordance with the MCH2 balance sheet, with the exception of roads, which are transferred at no cost, and building 1 Pré Jean-Meunier (parcel no. 690), which is transferred at a reduced value calculated according to the formula in Annex 5 of the present concordat;

c) Holdings: book values in accordance with the MCH2 balance sheet;

d) Population figures for the canton of Bern and the commune of Moutier: official figures concerning the permanent resident population, published by the Federal Office of Statistics.

1 The ownership of the real estate specified in Annex 4 of the present concordat is transferred to the canton of Jura, with effect on the date of transfer set in accordance with Article 36.

2 The governments of the two cantons establish, in an execution agreement, the terms of the transfer referred to in paragraph 1.

3 They ensure, in an execution agreement, a coordinated planning of the use of the buildings transferred to the canton of Jura, providing, if necessary, the possibility for the canton of Bern to use some of these beyond the date of transfer for a provisional period and under market conditions.

1. Revenues and expenses arising from allocations and distributions related to periods starting on the date of the transfer, but calculated for fiscal years preceding that date, shall, in accordance with the principles of continuity and fairness, accrue to the Canton of Jura, taking into account the change in territoriality of the Municipality of Moutier.

2. The financial flows concerned are listed in Appendix 6 of this concordat. Subject to specific regulations regarding the effects of the change of canton of the Municipality of Moutier by the Confederation or by an intercantonal body, the governments of the two cantons shall

a) complete and specify the methods of calculation and payment in an execution agreement, if necessary, in coordination with the Confederation;

b) be permitted to amend in an execution agreement the list appearing in Appendix 6 of this concordat, in the event of a notable modification of federal law occurring between the signing of this concordat and the date of the transfer.

1 If the Confederation does not specifically regulate the effects of the change of canton of the commune of Moutier in terms of financial equalization and the compensation of charges between the Confederation and the cantons, the canton of Jura is entitled, for a limited duration of six years from the date of the transfer, to a share of the revenues of the canton of Berne arising from financial equalization and compensation for charges.

2 The annual share according to paragraph 1 is calculated by multiplying the net compensatory payment per resident of the canton of Jura with the permanent resident population of the commune of Moutier on the reference date (Art. 18, para. 1, letter d). The net compensatory payment includes the compensatory payments from resource equalization, compensation for charges, and temporary measures. The decisive factor is the compensatory payments approved by the Federal Council and published by the Federal Finance Administration for the relevant execution year.

3 The shares according to paragraph 2 are staggered as follows

a) from the first to the fourth year, 100 percent;

b) the fifth year, 66.6 percent;

c) the sixth year, 33.3 percent.

The claims and debts resulting from accounts between the Canton of Bern and the municipality of Moutier, based on fiscal years prior to the transfer and occurring after it, shall respectively be invoiced to or paid to the municipality of Moutier for the last time during the year following the date of the transfer. Article 10, paragraph 3, is reserved.

1 Articles 16 to 22 regulate the division of assets and the adjustment of financial flows between the two cantons in a definitive manner and for full and final settlement.

2 The two cantons affirm that they have reciprocally communicated all necessary information related to the transfer of the municipality of Moutier to enable the division of assets with full knowledge and in accordance with the principle of good faith.

3 The Canton of Bern undertakes to

a) apply the rule of consistency in accounting methods between the balance sheet at the end of 2020 and the one determining the division;

b) not transfer from administrative property to financial assets the goods or assets concerned by the transfer and defined in Article 17;

c) not proceed with any disposal or revaluation of the assets or properties concerned by the transfer and defined in Article 17.

1 The Municipality of Moutier adjusts the following acts to Jura law and enacts them on the date of the transfer

a) the organizational regulation of the municipal commune of Moutier;

b) the regulation of the City Council;

c) the regulation concerning elections and votes at the polls of the municipal commune of Moutier.

2 In order to adapt the aforementioned acts, the Municipality of Moutier is authorized to provide, in the organizational regulation, provisions deviating from Bernese law and to bring them into force before the date of the transfer.

3 The entitlement to political rights is defined by Jura law.

4 The procedure and competencies related to the implementation of this article are governed by Jura law.

5 Paragraphs 2 to 4 apply by analogy to the adoption by the Municipality of Moutier of the financial plan and budget for the year beginning on the date of the transfer.

1 Prior to the date of the transfer, the municipality of Moutier may adapt the fundamental construction regulations to the law of Jura, according to the procedure provided for by the latter, and enforce them from the date of the transfer.

2 Paragraphs 2 to 4 of Article 24 apply by analogy.

3 Subject to federal law and the law of Jura, the regulations in force until then shall remain valid until the entry into force of the new regulations.

The other communal acts are, if necessary, adjusted to Jura law in principle within two years following the date of the transfer.

1 The municipal authorities in place at the date of the transfer shall continue their mandate until the end of the current legislative period in accordance with Jura law.

2 The acts adopted by these authorities are deemed to have been adopted by authorities duly constituted in accordance with Jura law.

1. Individuals domiciled in the municipality of Moutier are entitled to participate in elections organized before the date of the transfer by the Canton of Jura for the purpose of constituting the cantonal authorities.

2. Jurassian law governs the entitlement, exercise, and modalities of the political rights provided in paragraph 1. Disputes related to cantonal elections are handled by the Jurassian authorities, according to Jurassian law.

3. The duration of residence of individuals in the municipality of Moutier is taken into account.

4. The entry into force of paragraph 1 terminates the status of voter for individuals domiciled in the municipality of Moutier in the event of complementary elections in the Canton of Bern if the assumption of office occurs after the date of the transfer.

5. A cantonal political mandate cannot be exercised simultaneously in both cantons.

1. In their respective areas of activity, the Bernese Property Insurance (AIB) and the Cantonal Property Insurance and Prevention Institution of the Canton of Jura (ECA Jura) are authorized to settle among themselves the effects of the transfer of the municipality of Moutier.

2. If the transfer of the municipality of Moutier to the Canton of Jura necessitates special agreements between other para-state institutions, they are authorized to agree on these under their own responsibility, informing the governments of both cantons in advance.

1 The governments of the two cantons are authorized to conclude implementation agreements as referred to in Articles 6 to 10, 12, 14, 15, 17, 19, 20, and 32.

2 They may also conclude implementation agreements addressing technical, financial, administrative, and legal matters, particularly in the following areas

a) social affairs, early childhood, child and adult protection, care and support for the elderly, home care;

b) agriculture (agricultural policy, rural land law, animal production, local products, viticulture, etc.);

c) archives, registers, data, geodata, etc.;

d) social insurance;

e) consumer affairs and veterinary matters;

f) control of combustion installations;

g) culture, sports, and leisure;

h) economy and employment (trade police, economic promotion, labor inspection, etc.);

i) equality (promotion, advice, information, etc.);

j) energy;

k) environment (climate, hunting, fishing, wildlife or aquatic life, natural hazards, waste, water, forests, nature and landscape protection, soil and subsoil, dangerous substances and products, air protection, protection against noise, immissions, and non-ionizing radiation, etc.);

l) financing of intercantonal and non-governmental institutions;

m) infrastructure and communication routes;

n) information technology;

o) transport and mobility (road traffic, public transport, parking, school transport, soft mobility networks, etc.);

p) school, professional, university, and career guidance;

q) parishes, religious communities, and interreligious networks;

r) population (civil status, filiation, recognition, identity documents, legalizations, etc.);

s) enforcement and bankruptcy;

t) population protection, defense, and security (civil protection, military affairs, emergency services, etc.);

u) transfer of public service personnel;

v) public health;

w) residence and establishment of foreign nationals (foreigners' police, asylum, naturalization, etc.);

x) subsidies and financial aid;

y) transfer, management, and conservation of cultural property and historical monuments;

z) gambling.

3 If necessary, the implementation agreements may, for a limited time and exceptionally, derogate from Bernese and Jura legislation.

4 The governments of the two cantons may agree to

a) delegate the authority to conclude implementation agreements in specific areas to the competent directorate or respective competent department of their canton;

b) involve other public entities in the implementation agreements.

5 The municipality of Moutier is consulted in the development of implementation agreements that pertain to it specifically.

1 The two cantons commit to collaborating and exchanging the necessary data for the development of execution agreements.

2 They commit to coordinating to the best extent possible the transfer of the municipality of Moutier as well as the reorganization of the cantonal administrations.

1. The cantonal, communal, and para-state entities performing public tasks shall exchange the necessary data for the execution of this concordat or execution agreements, and are authorized to process this data for this purpose.

2. The data transfer includes personal data necessary for carrying out the administration's activities from the date of transfer, including sensitive data when the fulfillment of a legal task imperatively requires it. The following authorities' data are particularly concerned

a) authorities competent in matters of population control;

b) authorities competent in civil status matters;

c) tax authorities;

d) authorities competent in road traffic and navigation matters;

e) child and adult protection authorities;

f) police authorities;

g) authorities competent in matters of population protection, civil protection, and military affairs;

h) criminal prosecution and judicial execution authorities;

i) judicial authorities;

j) authorities competent in education, training, school health, and educational and career guidance matters;

k) authorities competent in agricultural matters;

l) authorities competent to issue permits and to supervise regulated areas of activity;

m) authorities competent in debt recovery matters;

n) authorities competent in social matters (social assistance, social insurance, etc.);

o) authorities competent in public health matters;

p) authorities competent in human resources matters;

q) authorities competent in enforcement and bankruptcy matters.

3. Both cantons ensure the security and protection of the transferred data in accordance with their cantonal data protection legislation.

4. To the extent necessary for the seamless pursuit of an administrative activity, data may be transferred to the canton of Jura and processed by it before the transfer date of the municipality of Moutier.

5. Technical, financial, administrative, and legal issues may be settled in an execution agreement.

1 In the event of a gap or divergent interpretation of this concordat or an implementing agreement, the competent cantonal authorities shall agree on how to proceed.

2 If they cannot reach an agreement, the governments of both cantons shall seek a solution through negotiation.

3 When no solution can be found within a reasonable period, each of the governments is entitled to request the intervention of the Confederation as a mediator.

1 This concordat is submitted for approval to the parliaments of both cantons.

2 It is subject to a simultaneous popular vote in both cantons on a date jointly agreed upon by both governments.

3 After the approval of this concordat by both cantons, the governments shall jointly submit the territorial modification to the approval of the Federal Assembly, in accordance with Article 53, paragraph 3, of the Federal Constitution.

By this concordat, the two cantons definitively resolve any territorial disputes between them. They commit to respecting their territorial boundaries in the spirit of confederal peace.

1 The governments of the two cantons shall mutually agree on the date of entry into force of this concordat, which corresponds to the date of the transfer of the municipality of Moutier to the canton of Jura according to Article 2.

2 They may put into effect specific rules of this concordat and the resulting implementing agreements ahead of schedule.

3 However, this concordat shall only enter into force on the condition that Article 139 of the Constitution of the Republic and Canton of Jura is repealed.

Abrogé.

1 The concordat between the Canton of Bern and the Republic and Canton of Jura concerning the transfer of the municipal commune of Moutier to the Canton of Jura is approved.

2 It is annexed to the present act.