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

The purpose of this agreement is to regulate the recognition by the Republic and Canton of Jura (hereinafter: "the Canton of Jura") of the decisions granting hydraulic power concessions as well as water usage concessions awarded by the Canton of Bern, and whose perimeter is located wholly or partially within the territory of the municipal commune of Moutier (hereinafter: "the Commune of Moutier").

This agreement applies to the cantons of Bern and Jura, the commune of Moutier, as well as to the concessionaires and their possible successors benefiting from the concessions recognized by the canton of Jura in accordance with this agreement.

**Deviation from Article 7, Paragraph 1, of the Concordat on the Transfer of Moutier**

In derogation of Article 7, Paragraph 1, of the concordat on the transfer of Moutier, administrative procedures for renewal, modification, remediation, transfer, or extinction pending as of December 31, 2025, before the Office of Water and Waste of the Canton of Bern in relation to the concessions mentioned in this agreement shall be taken over as is by the Office of the Environment of the Canton of Jura.

From the date of the transfer of the municipal commune of Moutier to the Canton of Jura (hereinafter: "the date of the transfer"), Jura law shall apply to the pending procedures.

Articles 7 and 8 are reserved.

Canton of Jura Recognizes the Decision Granting Concession No. 53021 of October 26, 2006, Issued by the Canton of Bern Regarding the Right to Use the Water of the Birse for Hydroelectric Power Production at the Site Known as Cerneux Gorgé.

The provisions of the decision apply in the Canton of Jura from the date of transfer until the expiration of this concession.

Jurassian law applies in the absence of specific provisions in the decision.

It also applies in the event of renewal, modification, or transfer of the concession.

From the date of transfer, the supervision of the concession falls under the jurisdiction of the Jurassian authorities.

The canton of Jura recognizes the decision to grant concession no. 53016 of November 3, 2014, by the canton of Bern regarding the right to use the clear waters of the Graitery tunnel.

The provisions of the decision apply in the canton of Jura from the date of transfer until the expiration of this concession.

Jura law applies in the absence of specific provisions in the decision.

It also applies in the event of renewal, modification, or transfer of the concession.

From the date of transfer, the supervision of the concession falls under the jurisdiction of the Jura authorities.

The Canton of Jura recognizes the decision of granting concession no. 53015 dated March 8, 1994, by the Canton of Bern regarding the right to use the water of the Birse for the operation of hydraulic power at the PCH hydroelectric power plant in Moutier.

The provisions of the decision apply in the Canton of Jura from the date of transfer until the expiration of the concession.

Jura law applies in the absence of specific provisions in the decision.

It also applies in the event of renewal, modification, or transfer of the concession.

From the date of the transfer, the supervision of the concession falls under the jurisdiction of the Jura authorities.

The Canton of Jura recognizes the provisions of the decision granting concession no. 53012 of August 31, 2021, from the Canton of Bern concerning the right to use the water of the Birse for the operation of hydraulic power at the Gorges de Court hydroelectric power plant with respect to installations located on the territory of the municipality of Moutier. It also recognizes the provisions of this decision that have effects on the territory of the municipality of Moutier.

The provisions mentioned in paragraph 1 apply in the Canton of Jura from the date of transfer until the expiration of the concession.

In the absence of specific provisions in the provisions mentioned in paragraph 1, Jura law applies within the limits recognized by paragraph 1.

In the event of renewal, modification, transfer, or termination of the concession, the Cantons of Bern and Jura coordinate their procedures.

From the date of transfer, the surveillance of the installations is distributed according to the limits recognized in paragraph 1.

The Cantons of Bern and Jura coordinate their supervisory activities for concession no. 53012.

The Canton of Bern monitors compliance with the following provisions of concession no. 53012, as well as measures stemming from procedures related to this concession, including

a) the extraction of water and the residual flow;

b) the obligation to rehabilitate downstream fish migration;

c) the bed load regime;

d) the implementation of compensatory measures.

In coordination with the Canton of Jura, the Canton of Bern monitors compliance with the provisions of concession no. 53012 related to flushing, as well as the application of the flushing regulations.

The supervision of compliance with the obligation to manage water and the control of wastewater and potential pollutants falls within the competence of the canton in whose territory the measures are to be implemented.

**The Canton of Jura Recognizes the Grant Decision No. 1 (Serial Number 180) of November 27, 2013, from the Canton of Bern Regarding Water Capture from the Moutier-Granges Tunnel for the Municipality of Moutier**

The provisions of the decision apply in the Canton of Jura from the date of transfer until the expiration of the concession.

Jurassian law applies in the absence of specific provisions in the decision. It also applies in cases of renewal, modification, or transfer of the concession.

From the date of transfer, supervision of the concession falls under the jurisdiction of the Jurassian authorities.

The Canton of Jura recognizes the decision to grant concession no. 6 (current number 515) dated January 22, 1975, from the Canton of Bern concerning the extraction of groundwater at the place called La Foule for water supply to the municipality of Moutier.

The provisions of the decision apply in the Canton of Jura from the date of the transfer until the expiration of the concession.

Jura law applies in the absence of specific provisions in the decision.

It also applies in the event of renewal, modification, or transfer of the concession.

From the date of transfer, the supervision of the concession falls under the jurisdiction of the Jura authorities.

The Canton of Jura recognizes the decision to grant concession no. 7 (serial number 4477) dated May 17, 2022, from the Canton of Bern concerning the right to use the surface waters of the Pré Boivin Stream at the locality known as Combe Allérie for heat extraction.

The provisions of the decision apply in the Canton of Jura from the date of transfer until the expiration of the concession.

The provisions related to permits pursuant to the Jura Water Management Law of October 28, 2015, apply in the absence of specific provisions in the decision.

Jura law applies in the event of renewal, modification, or transfer of the concession.

From the date of transfer, the supervision of the concession falls under the jurisdiction of the Jura authorities.

The Canton of Jura recognizes the decision to grant concession no. 5 (current number 133) of May 11, 1987, by the Canton of Bern concerning the right to use the surface water of the Pré Boivin stream at the locality known as Combe Allérie for fish farming pond supply.

The provisions of the decision apply in the Canton of Jura from the date of transfer until the expiration of the concession.

Jura law shall apply in the absence of specific provisions in the decision.

It also applies in the event of renewal, modification, or transfer of the concession.

From the date of transfer, supervision of the concession falls under the jurisdiction of the Jura authorities.

This agreement enters into force on January 1, 2026.