1. État, peuple, "Authorities" 10. Constitution and Other Fundamental Acts

1 This agreement regulates the terms of the transfer of Bernese cantonal roads and related objects located within the territory of the municipal commune of Moutier (hereinafter: "the commune of Moutier") to the Republic and Canton of Jura (hereinafter: "the canton of Jura").

2 It also regulates the terms for snow removal and salting of cantonal roads between Court, Perrefitte, Roches, and Eschert from January 1, 2026, to April 12, 2026.

1 The Canton of Bern shall transfer to the Canton of Jura, on January 1, 2026, and free of charge, the following objects (hereinafter: "the objects to be transferred")

a) the cantonal roads listed in Appendix 4 of the concordat on the transfer of Moutier;

b) the integral parts within the meaning of Article 1 of the Bernese Ordinance of October 29, 2008, on Roads;

c) the signage of pedestrian hiking trails located on the territory of the municipality of Moutier according to the Bernese sectoral plan for the pedestrian hiking route network of August 22, 2012, updated on September 4, 2023;

d) the signage of bike paths within the meaning of Article 45, paragraph 2, of the Bernese Law of June 4, 2008, on Roads;

e) the assets functionally attached to the objects to be transferred, located on the territory of the municipality of Moutier, owned by the Canton of Bern and situated on properties belonging to third parties.

2 The transfer of profits and risks shall occur on January 1, 2026.

1 The transfer of ownership from the Canton of Bern to the Canton of Jura of the objects listed in Article 2, paragraph 1, shall be effected without the need for the authentic form.

2 The land registries of the Canton of Bern and the Canton of Jura are competent to implement the transfer of ownership.

1 The Canton of Bern shall transfer the objects to be transferred to the Canton of Jura in a condition suitable for their intended use, irrespective of their non-compliance with federal law or applicable technical standards (notably SIA and VSS standards).

2 The costs for repairing damage to the objects to be transferred until December 31, 2025, inclusive, shall be borne by the Canton of Bern, even if the repair extends beyond this date. The burden of proof rests with the Canton of Jura, which undertakes to provide any documentation necessary to the Canton of Bern for this purpose (contact details, affected objects, type of damage, photographic dossier, criminal complaint). If necessary, and if required, the authorities of both cantons shall cooperate.

3 For the rest, the transfer of the objects occurs without any warranty.

Until December 31, 2025 inclusive, the canton of Bern maintains the items to be transferred in accordance with its legislation.

**1 The competent authority of the Canton of Bern shall transfer to the competent authority of the Canton of Jura all the documentation related to the objects to be transferred that is in its possession, whether such documentation exists in paper or digital form.**

2 The transfer shall take place no later than December 31, 2025.

3 In case of necessity, particularly for ongoing procedures remaining under the competence of the Canton of Bern after the transfer of the Municipality of Moutier to the Canton of Jura, the latter shall, upon request, make the necessary documentation available to the Canton of Bern.

1. The Canton of Bern transfers to the Canton of Jura the guarantee rights that it can validly transfer under the law and from which it benefits concerning the objects to be transferred as the master builder.

2. It commits to support the Canton of Jura, at the latter's request, to exercise the guarantee rights requiring its intervention.

3. However, it has no obligation of direct action, especially towards the craftsmen and any other persons who may have participated in the works or in relation to the exercise by the Canton of Jura of the guarantee rights transferred to it.

1 From January 1, 2026, to April 12, 2026, the competent authorities of the canton of Bern are responsible for keeping the cantonal roads located within the territory of the municipality of Moutier passable. These roads are indicated in color on the map attached as an annex to this agreement.

2 Maintenance includes snow removal and road salting.

3 The competent authorities of the canton of Bern regularly inspect the condition of the roads and issue orders for salting or snow removal.

4 In return, the canton of Bern invoices the canton of Jura for the actual costs resulting from paragraph 1.

5 The canton of Bern commissions private companies equipped with GPS to carry out the maintenance stipulated in paragraph 1.

6 Liability related to winter services is governed by the contracts linking the canton of Bern to external service providers.

This agreement shall enter into force on October 1, 2025.