rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-en-de-zwitserse-bondsstaat-inzake/BWBV0006976/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen het Koninkrijk der Nederlanden en de Zwitserse Bondsstaat inzake samenwerking met betrekking tot verkeersovertredingen	BWBV0006976	verdrag	geldend	2023-05-01	https://wetten.overheid.nl/BWBV0006976	Verdrag tussen het Koninkrijk der Nederlanden en de Zwitserse Bondsstaat inzake samenwerking met betrekking tot verkeersovertredingen

Verdrag tussen het Koninkrijk der Nederlanden en de Zwitserse Bondsstaat inzake samenwerking met betrekking tot verkeersovertredingen

Artikel 1

The purpose of this Agreement is to guarantee a high level of protection for all road users by ensuring the mutual prosecution of road traffic offences that are committed on the sovereign territory of each of the two Parties with vehicles that are registered on the sovereign territory of the other Party and by assisting each other in the enforcement of penalty notices regarding these offences.

Artikel 2

1.

For the purposes of this Agreement:

a) a) “person” shall mean: a natural or legal person; b) b) “penalty notice” shall mean: a written notice that is issued by a judge or competent authority in which a financial penalty for a road traffic offence is imposed on a person, which may include the costs of proceedings and statutory increases; c) c) “requesting Party” shall mean: the Party that issues a request pursuant to this Agreement to the other Party; d) d) “requested Party” shall mean: the Party that receives a request issued by the other Party pursuant to this Agreement; e) e) road traffic offences are:

        –
        for the Swiss Confederation: offences under the Federal Road Traffic Act of 19 December 1958 and its implementing provisions.
      
      
        –
        for the Kingdom of the Netherlands, for the European part of the Netherlands: the conduct referred to in Article 2, paragraph 1 of the Law on Administrative Enforcement of Traffic Offences (Wet administratiefrechtelijke handhaving verkeersvoorschriften).

– – for the Swiss Confederation: offences under the Federal Road Traffic Act of 19 December 1958 and its implementing provisions. – – for the Kingdom of the Netherlands, for the European part of the Netherlands: the conduct referred to in Article 2, paragraph 1 of the Law on Administrative Enforcement of Traffic Offences (Wet administratiefrechtelijke handhaving verkeersvoorschriften).

Artikel 3

The competent authorities for implementing this Agreement within the limits of their respective powers are:

– – for the Swiss Confederation:

      –
      the federal police and customs authority;
    
    
      –
      the cantonal and communal police forces;
    
    
      –
      the federal and cantonal judicial authorities;
    
    
      –
      the Federal Roads Office acts as the national contact point with regard to the automated transfer of data in accordance with Article 4 and Annex letter B.

– – the federal police and customs authority; – – the cantonal and communal police forces; – – the federal and cantonal judicial authorities; – – the Federal Roads Office acts as the national contact point with regard to the automated transfer of data in accordance with Article 4 and Annex letter B. – – for the Kingdom of the Netherlands, for the European part of the Netherlands:

      –
      the public prosecutor;
    
    
      –
      the police;
    
    
      –
      the officials referred to in Article 3, paragraph 1 of the Law on Administrative Enforcement of Traffic Offences;
    
    
      –
      the Minister of Justice and Security, represented by the Central Judicial Collection Agency, also exclusively assigned as the competent authority for requests according to Article 6.

– – the public prosecutor; – – the police; – – the officials referred to in Article 3, paragraph 1 of the Law on Administrative Enforcement of Traffic Offences; – – the Minister of Justice and Security, represented by the Central Judicial Collection Agency, also exclusively assigned as the competent authority for requests according to Article 6.

Artikel 4

1. Data relating to vehicles and their holders, as set out in Annex A, entered in the national vehicle registers may be transferred at the request of a Party, to the extent that this is required for the prosecution of road traffic offences.

2. Data shall be transferred by means of an automated procedure. If possible, existing software interfaces and applications shall be used. The data shall be transferred via the central vehicle register offices, which shall serve as national contact points. The specifications for the transfer of the data may only be modified with the consent of both Parties.

3. A request to the national contact point of the other Party must contain the information set out in the Annex letter A. The requesting Party may not use this information other than for the purpose of the prosecution of the respective road traffic offence.

4. The national contact points shall have the information set out in the Annex letter A ready in order to process requests.

Artikel 5

1. Penalty notices may be issued and transmitted directly to the person concerned in accordance with the relevant national laws and regulations.

2.

In order to allow recipients the opportunity to state their position, the official documents must contain the following information in particular:

a) a) the nature, location, date and – if possible – time of the offence and the means by which it was detected; b) b) the registration number and – if possible – type, make and model of the motor vehicle used to commit the offence, or, in the absence of this information, any other information that can assist in identifying the vehicle; c) c) the penalty imposed or that may be imposed, together with details of the payment deadline and the payment terms; d) d) instructions on legal remedies and deadlines for appealing the penalty notice.

Artikel 6

1.

The Parties can request the enforcement of penalty notices. The following criteria must be met:

a) a) the penalty notice relates to facts which constitute an offence under the laws and regulations of the requested Party, including but not limited to: speeding; non-use of a seat belt; failing to stop at a red traffic light; drink-driving; driving under the influence of drugs; failing to wear a safety helmet; use of a forbidden lane; illegally using a mobile phone or any other communication devices while driving; parking violation; tailgating. b) b) the individual financial penalty, excluding the costs of administrative proceedings, including statutory increases, is equal to or more than 70 euros or 80 Swiss francs; c) c) the penalty notice is enforceable according to the applicable laws and regulations of the requesting Party and the right of execution has not expired; and d) d) the natural person involved is a resident of the requested Party or the legal person involved has its registered seat in the requested Party.

2. The penalty notice for which the request is made, together with the completed standard form as provided in Annex letter C, and all subsequent communications, are directly transmitted to the competent authorities of the requested Party in English.

3. The requesting Party does not enforce or continue to enforce the penalty notice until the requested Party has refused the request or reported that the enforcement did not succeed.

Artikel 7

1.

A request according to Article 6, paragraph 1 is refused in case of:

a) a) decisions providing for imprisonment as the principal punishment; b) b) road traffic offences that coincide with offences not only related to road traffic, unless the road traffic offences are prosecuted separately or exclusively.

2.

A request for assistance on the enforcement of a penalty notice can be refused if it is established that:

a) a) the penalty notice relates to facts which would not constitute an offence under the laws and regulations of the requested Party; b) b) the execution of the request is contrary to the principle of “ne bis in idem”; c) c) there is immunity under the law of the requested Party, which makes it impossible to execute the penalty notice; d) d) the penalty notice is no longer enforceable under the law of the requested Party due to lapse of time; e) e) the penalty notice is not final; f) f) the penalty notice has not reached the person concerned or has not reached the person involved in time, in accordance with the laws and regulations of the requesting Party; g) g) the penalty notice or at least its essential content is not translated into the language(s) of the Party in whose sovereign territory the recipient resides; h) h) the request is incomplete and cannot be completed by the competent authorities of the requesting Party.

3. If a request is rejected, the requesting Party shall be so notified, stating the reasons for the rejection.

4. If, after a penalty notice has been sent to the requested Party, a sum of money has been received by the requesting Party to pay the fine, the requested Party shall be informed without delay.

5. Portions of the fine that are already paid may no longer be enforced.

Artikel 8

1. Penalty notices shall be enforced directly by the competent authorities of the requested Party and the amount of the fine shall be converted into its currency. The conversion shall be based on the official rate of exchange at the time the penalty notice was issued.

2. The enforcement of a penalty notice is governed by the laws and regulations applicable in the requested Party. The authorities of the requested Party alone shall be competent to decide on the procedures for enforcement and to determine all the measures relating thereto, including the grounds for termination of enforcement.

3. If the person from whom the fine is collected demonstrates that payments have already been made to settle the fine, the requested Party shall promptly notify and consult the requesting Party about this.

4. As soon as the enforcement of the penalty notice has been completed, the requested Party shall immediately notify the requesting Party thereof.

Artikel 9

The requesting Party shall not be charged for the costs of measures pursuant to this Agreement; the proceeds of enforcement and the costs stipulated in a decision shall go to the requested Party.

Artikel 10

The competent authorities of the Parties are authorised to regulate the cooperation pursuant to this Agreement at administrative and technical levels in a bilateral arrangement. The bilateral arrangement may provide that data fields in Annexes A, B and C are amended if this is necessary for a proper implementation of this Agreement.

Artikel 11

This Agreement shall be implemented in compliance with Dutch and Swiss laws and regulations, their obligations under international law, and the obligations to which the European part of the Netherlands is subject as a member of the European Union.

Artikel 12

1. The activities provided for in this Agreement shall be carried out by each of the Parties within the limits of their financial resources, without thereby imposing any additional burden on the regular budgets of the Netherlands and Switzerland.

2. The competent authorities concerned shall implement this Agreement with the human, instrumental and financial resources available to them under the applicable laws and regulations.

Artikel 13

1. The Parties shall endeavour to resolve disputes or other difficulties concerning the interpretation or application of this Agreement by mutual accord.

2. Unresolved disputes or difficulties shall be settled through diplomatic channels.

Artikel 14

With regard to the Kingdom of the Netherlands, this Agreement shall only apply to the European part of the Netherlands.

Artikel 15

The Parties shall provisionally apply Article 4 in conjunction with Annex A and Article 3 in conjunction with Annex B for the transfer of data on vehicles and their holders from the date of the signature of this Agreement.

Artikel 16

1. This Agreement shall enter into force on the first day of the second month following the date of receipt of the final notification in which the Parties have informed each other through diplomatic channels that the internal requirements for the entry into force of this Agreement have been complied with.

2. This Agreement shall remain in force until terminated in accordance with paragraph 4 of this Article.

3. This Agreement may be amended by mutual written agreement of the Parties. Any amendment shall enter into force in accordance with paragraph 1 of this Article, with the exception of an amendment of one of the Annexes, which amendment shall enter into force on a date to be agreed upon by the Parties.

4. This Agreement may be terminated at any time by either Party by giving six (6) months’ written notice through diplomatic channels. However, any proceedings commenced before the notice of termination shall continue to be governed by the provisions of this Agreement until fully concluded.

5. Upon its entry into force, the Agreement shall replace the Exchange of Notes, done at The Hague, dated 4 December 1995 and 12 February 1996, constituting an Agreement between the Kingdom of the Netherlands and the Swiss Confederation concerning Articles 7 and 15 of the European Convention on Mutual Legal Assistance in Criminal Matters, done at Strasbourg on 20 April 1959.