General Provisions

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.

1. This agreement is addressed to both the cantonal and the municipal authorities.

1. The Bernese authorities shall transfer to the Fribourg authorities all data and further information, either in original or in copy, which are necessary for the continuation of a smooth administrative activity 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 each other with the necessary information and grant access for inspection.

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

2. The principle shall apply that as few separations of records as possible should be carried out.

3. Completed files shall remain with the Canton of Bern and shall be archived by it.

The Bernese civil registry authority shall hand over the family registers and citizen registers of Clavaleyres, along with the associated documentation, to the Fribourg civil registry authority. The collection is to be undertaken by the Fribourg civil registry authority.

The event registers in paper form of Clavaleyres shall remain with the Bernese civil registry authority.

The Bernese civil registry authority shall issue extracts from the event registers of Clavaleyres, maintained in paper form, against a fee.

1. In the absence of an explicit cost regulation stipulated in this agreement, the execution actions of both cantons shall be carried out without mutual cost reimbursement.

2. Unless otherwise provided in this agreement, the Canton of Fribourg shall assume all financial obligations of the Canton of Bern in connection with the locality of Clavaleyres as of January 1, 2022.

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 cooperation of the Canton of Bern.

1. The management of the operating aids and investment loans granted under Articles 78 et seq. and 105 et seq. of the Federal Act of April 29, 1998, on Agriculture (Agriculture Act, LwG) before the time of the territorial change shall remain under the jurisdiction of the Canton of Bern or the Bernese units entrusted with their execution.

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

1. For proceedings related to direct payments that were initiated prior to the time of the territorial change, the Canton of Bern remains competent, and they shall continue to be governed by Bernese legislation. The Canton of Fribourg may participate in the execution of the issued orders.

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

1. Clavaleyres participates for the last time in the Bernese financial equalization in the year 2021.

1. Any Repayment Obligations or Credits for the Year 2021 shall continue to be processed by the Canton of Bern based on the Bernese Law on Financial and Burden Equalization (FILAG) of November 27, 2000.

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

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

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

2. Pursuant to the applicable municipal regulations of Clavaleyres, the legal order of the Canton of Bern, on which these regulations are based, applies to the corresponding circumstances.

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

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

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 architectural monuments worth preserving, as referred to in Article 10b paragraph 3 of the Construction Law of Bern dated June 9, 1985 (BauG), shall be integrated with a value of C3 as defined in Articles 48 and 49 of the Fribourg Implementation Regulations dated August 17, 1993, to the Law on the Protection of Cultural Properties (ARKGSG).

3. The architectural monuments worthy of protection, as referred to in Article 10b paragraph 2 BauG, shall be integrated with a value of B2 as defined in Articles 48 and 49 ARKGSG.

1. The competent directorates of both cantons shall make the necessary arrangements regarding the inventory and any potential handover of discovered objects.

1. The Allocation of Network Areas is Governed by the Freiburg Law of September 11, 2003, on Electricity Supply (Electricity Supply Act - EVG).

2. Following the Transition 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 (Electricity Supply Regulation - EVR) of the Canton of Freiburg are amended.

3. The Provisions of Superior Law, the Procedures Based on Them, and Existing Third-Party Rights are Reserved.

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

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