Policy paper

Memorandum of understanding between DfT and Swiss Confederation: direct international rail connection

Published 9 May 2025

Memorandum of understanding (MoU) on cooperation in the passenger rail sector, between:

• the Department for Transport of the government of the United Kingdom of Great Britain and Northern Ireland
• the Federal Department of the Environment, Transport, Energy and Communications of the Swiss Confederation

The Department for Transport (DfT) of the United Kingdom of Great Britain and Northern Ireland (The United Kingdom) and the Federal Department of the Environment, Transport, Energy and Communications (DETEC) of the Swiss Confederation, hereinafter collectively referred to as ‘the participants’.

Appreciating the economic, social and historical ties between both countries and affirming the participants’ wish to develop closer rail links, which is in their mutual economic and cultural interest, considering the close cooperation between the participants in developing and establishing the necessary conditions to establish a direct international rail connection between the United Kingdom and the Swiss Confederation.

Noting that this document is a statement of intent and does not constitute a binding legal agreement, and that the participants cooperate under this MoU within the framework of their applicable national laws, without prejudice to other international commitments or future relationships of the participants, acting in the spirit of partnership and cooperation, have reached the following understanding.

1. Purposes

The purposes of this MoU are:

• to acknowledge the participants’ ambitions to facilitate the establishment of direct international rail services between the UK and Switzerland

• to define the areas of cooperation to be explored between the participants and relevant third parties as necessary, in order to identify the relevant operational, regulatory, policy and commercial requirements of operating direct international rail services between the UK and Switzerland

• to establish various forms of cooperation between the participants and third parties to explore the areas outlined in section 2: areas of cooperation.

2. Areas of cooperation

In accordance with other provisions in this MoU, the participants acknowledge that cooperation may include, but not be limited to, the following fields:

• sharing of information and expertise on the participants’ respective policies on international rail services, including market access

• understanding the practical requirements for border and security controls, as well as exploring the associated treaty arrangements to be entered into by the participants to underpin these

• identifying the relevant technical and safety regulations that apply, noting the unique requirements of operating through the Channel Tunnel

• cooperating with relevant infrastructure managers to establish infrastructure and capacity requirements along the route

• facilitating dialogue with interested operators to develop appropriate commercial arrangements

• any other forms of collaboration as approved by the participants

Jointly, both participants endeavour to:

• facilitate, at such intervals as deemed appropriate, meetings to review the progress of activities carried out under the present MoU and to plan future activities

• keep each other informed on a regular basis on matters deemed relevant to the participants under the scope of this understanding

3. Forms of cooperation

In accordance with other provisions in this MoU, the participants may pursue cooperation through one or more of the following methods:

• exchange between official delegates and experts related to this MoU
• co-hosting of workshops and other technical exchanges
• establishment of a Rail Working Group (RWG) between the DfT and the Federal Office of Transport (FOT), hosted alternately in the UK by the DfT and in Switzerland by the FOT
• other forms of cooperation as mutually considered appropriate

4. Third party participation

Subject to their joint agreement, the participants acknowledge that individuals and entities from the private, public and other sectors may be invited to support the cooperative activities described herein, provided that they can directly and meaningfully contribute to the achievements of the objectives of the MoU.

5. Coordination and facilitation of cooperative activities

The participants understand that cooperation under this MoU may be in part developed and carried out by various third party stakeholders, as approved by the participants.

The participants will, as appropriate, encourage and facilitate the development of direct contact with and among government institutions and businesses.

6. Effects of this MoU

This MoU is not legally binding under national or international law.

The participants understand that all actions they carry out under this MoU will be subject, as appropriate, to national and international law and any other applicable rules and obligations.

This MoU does not affect the rights and obligations of third parties, or the rights of the participants to conclude agreements with respect to any matter described in this MoU.

7. Settlement of disputes

Any dispute arising from the interpretation or application of this MoU should be settled amicably through consultations between the participants. Each participant reserves the right to take any measures that may be appropriate or necessary to safeguard its sovereignty, security and intellectual property and commercial rights.

8. Intellectual property

The participants understand that any intellectual property submitted by one of the participants to the other remains the intellectual property of the submitting participant. The participants are expected not to share or disclose it without the prior consent of the submitting participant.

In the event that any intellectual property rights should arise from activity carried out in accordance with this MoU, the participants understand that it should be attributed and protected in accordance with the participants’ respective national laws, subject to any alternative arrangements that may be decided by the participants and those participating in the activity.

9. Costs

This MoU does not involve or require the transfer of financial or material resources by or between the participants and each participant is expected to incur the expenses arising from the implementation of its part of the matters of activities approved under this MoU.

10. Confidentiality

The participants are expected to protect the confidentiality of information and documents exchanged or generated under this MoU. Neither participant nor any of its personnel should disclose any such confidential information or documents to a third party at any time, without the prior written approval of the other participant.

The participants acknowledge that the information exchanged under this MoU should only be disclosed to third parties by mutual consent of the participants in accordance with section 3 (forms of cooperation) herein and in a manner consistent with the objectives of the MoU.

In circumstances where either participant is legally obliged to disclose any information related to this MoU under applicable law, by court order or for another reason, it should notify the other participant before doing so.

11. Entry into operation, amendment and termination

This MoU will come into operation on the date of signature. The participants may amend this MoU at any time upon their mutual written consent.

This MoU will remain in effect for a 5-year period. Following the 5-year period, the participants will formally review the MoU and establish if it is still fit for purpose. At this point, the MoU may be renewed.

Either participant may terminate this MoU by prior written notification to the other Participant, at any time, preferably on 6 months’ notice.

If this MoU is terminated or not renewed, its modalities will remain valid for ongoing programmes or activities arising from its implementation, unless the participants decide otherwise.

12. Participant addresses

For all purposes of this MoU, the competent authorities are:

12.1 Department for Transport

Department for Transport
Great Minster House
33 Horseferry Road
London, SW1P 4DR
United Kingdom

12.2 Federal Office of Transport for the Swiss Confederation

Federal Department of the Environment, Transport, Energy and Communications
Federal Office of Transport
3003 Bern
Switzerland

The foregoing record represents the understandings reached between the representatives of the DfT and DETEC upon the matters referred to therein.

This MoU is signed on 8 May 2025 in London, United Kingdom in duplicate in the German and English languages. Both texts hold equal validity. In the event of inconsistencies, the English version should have priority.

Signed

Heidi Alexander, Secretary of State for Transport, for the Department for Transport of the government of the United Kingdom of Great Britain and Northern Ireland

Albert Rösti, Federal Councillor, for the Federal Departmant of the Environment, Transport, Energy and Communications of the Swiss Confederation