1. État, peuple, "Authorities" 10. Constitution and Other Fundamental Acts
Table of Provisions (9)
Statutory Text (9 Articles)
1 This agreement governs the effects of 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") on the protection of surfaces and natural and forest elements present on the territory of the commune of Moutier.
2 Its objective is the recognition by the Canton of Jura of the commitments made by the Canton of Bern for the protection of biodiversity and the management of forests, as well as the perpetuation of these commitments.
This agreement applies to the cantons of Bern and Jura as well as to the municipality of Moutier.
1 The Bernese decree of December 10, 2008, concerning the protection of the Bois des Muses Nature Reserve is applicable in the canton of Jura from the date of the transfer of the municipality of Moutier to the canton of Jura (hereinafter: "the date of the transfer") and as long as the Jura Government does not adopt a new protection decree.
2 From the date of the transfer, the Jura authorities are competent for the execution of this decree.
1 The canton of Bern and the canton of Jura undertake to initiate the necessary steps to amend the forestry operation contracts of the Bois des Muses reserve, namely the contracts with references WA 250001 dated January 1, 2009, WA 250002 dated January 1, 2009, and WA 250003 dated January 1, 2009, with the intention of transferring them to the canton of Jura.
2 The execution of these contracts remains under the jurisdiction of the canton of Bern as long as they have not been transferred to the canton of Jura, at the latest until their expiration.
3 In the situation outlined in paragraph 2, Bernese law remains applicable and the legal remedies remain those of Bern.
1 The Canton of Bern remains competent for the execution of the provisions of the servitude contract of June 30, 2005, concerning the creation of a mixed forest reserve at Raimeux until the expiration of this servitude contract.
2 Bernese law remains applicable, and legal recourse remains within Bern.
3 Upon the expiration of the contract, the Cantons of Bern and Jura commit to collaborating regarding the management of the reserve.
**1. The Canton of Bern and the Canton of Jura undertake to initiate the necessary steps to amend the contract dated January 1, 2023, for the conservation of habitat trees (ID 3578) in the municipality of Moutier to transfer it to the Canton of Jura.**
2. The execution of this contract remains under the jurisdiction of the Canton of Bern as long as the said contract has not been transferred to the Canton of Jura, and at the latest until its expiration.
3. In the situation provided for in paragraph 2, Bernese law remains applicable, and the legal remedies remain within Bern's jurisdiction.
1 The Bernese decree of December 20, 1978, concerning the "Protected Trees, four pedunculate oaks in the municipality of Moutier" is applicable in the canton of Jura from the date of transfer and as long as the Jura Government does not adopt a new protection decree.
2 From the date of transfer, the Jura authorities are competent for the execution of this decree.
3 The municipality of Moutier shall include the trees concerned by this decree in its local development plan.
1. The construction permit dated May 12, 2022 (comprehensive construction decision) required by the Municipality of Moutier concerning the project "extension of the gravel pit-landfill 'Côte Picard' with deforestation, reforestation, and backfilling (Type A landfill) and the development of a gravel pathway and a movable observation platform on the southern boundary to observe dinosaur tracks" is recognized by the Canton of Jura.
2. From the date of the transfer, the provisions set forth in this decision are applicable in the Canton of Jura. Jurassian law is applicable, and the legal recourses are Jurassian.
3. From the date of the transfer, the supervision of compliance with the conditions of the construction permit is exercised by the Canton of Jura.
This agreement enters into force on January 1, 2026.