(1) The use of the Austrian airspace over the Rhine delta for the approaches and take-offs of the aerodrome of Altenrhein shall be authorized in accordance with this Agreement and the Agreement referred to in Art. 6. The maximum number of overflights operated by Swiss State aircraft without the need for an Austrian authorisation shall be set at seven-five per year.

(2) The use of Austrian airspace over the Rhine delta, for Swiss domestic flights to and from the aerodrome of Altenrhein, is permitted without the need to file an ICAO flight plan.

(3) The Republic of Austria recognises student cards issued by Switzerland to the student pilots as official aeronautical authorities in the aerodrome of Altenrhein.

In order to protect sight and instrument flights, the Contracting Parties shall establish for the aerodrome of Altenrhein, in the form of an aerodrome traffic zone or controlled airspace, an international airspace technically Structured according to the requirements of aviation safety. The terms and conditions will be set out in the arrangement referred to in s. 6.

(1) The Swiss Federal Office for Civil Aviation will bring to the knowledge of the Austrian civil aviation authority as well as the Joint Committee (Art. 9), the approach and take-off procedures of the aerodrome of Altenrhein, provided that they affect the Austrian airspace. If the Republic of Austria does not raise any objection within two months, its consent shall be deemed to have been accepted.

(2) The visual flight procedure and the Western Instrument Flight Procedure in force upon signature of this Agreement shall be deemed to be approved.

(3) There is a need to land from the west and take off to the west as long as weather conditions permit and there are no objections to air safety. The take-offs for the aerodrome circuits shall be made to the west each time as long as the maximum component of the rear wind allows.

(1) The exposure to aviation noise arising from the operation of the aerodrome at Altenrhein will be determined and assessed under Swiss law for the Swiss territory and under Austrian law for the Austrian territory. If necessary, the necessary technical remedial measures will also be governed by these provisions.

(2) L' al. 1 does not apply to other provisions designed to reduce noise pollution and which are provided for in this Agreement and the arrangement referred to in s. 6.

(1) If, following a possible enlargement of the Hohenems aerodrome, it was necessary to use Swiss airspace, Switzerland shall give its agreement under the same conditions as are valid for the use by Switzerland of Austrian airspace for the approaches and takeoffs of Altenrhein.

(2) Art. 4 applies by analogy to Hohenems aerodrome.

The arrangements for the implementation of this Agreement shall be fixed in an arrangement to be established between the Swiss Federal Department of Transport, Communications and Energy and the Minister for Public Economy and Transport of the Republic Of Austria.

The Contracting Parties shall afford each other mutual legal and administrative assistance in the pursuit of all infringements of the air law requirements in relation to flights to or from the aerodromes of Altenrhein and Of Hohenems, and in the execution of their decisions. In this case, the competent authorities can immediately enter into a relationship with each other.

An Austrian airline which operates a regular link from a point in Austria to Altenrhein will be able to use the Altenrhein aerodrome as well as its technical and operational equipment on conditions Equivalent to those granted to Swiss companies.

(1) The Contracting Parties shall constitute a Joint Committee which shall have the following tasks:

(a)

To deal with each issue in relation to the interpretation and application of this Agreement and the arrangement referred to in s. 6 as well as everything relating to it, and to define the measures to be taken,

(b)

To advise any amendments to this Agreement and the arrangement referred to in s. 6,

(c)

To make recommendations to the competent authorities concerning points (a) and (b).

(2) The Commission shall consist of three Swiss members and three Austrian members who may be accompanied by experts. Each Contracting Party shall designate a member as Chairman of its Delegation. Each Delegation Chair may convene the Committee by way of a request to the Chairman of the other Delegation. The commission must meet no later than two months after the filing of the request.

(3) The Commission shall take its decisions unanimously. It has an internal regulation.

(4) At the request of a delegation, it shall, taking into account the legal requirements, grant it the right to consult the operating documents of the aerodromes of Altenrhein and Hohenems necessary for the performance of its tasks.

(1) Disputes arising in respect of the interpretation or application of this Agreement and the arrangement referred to in s. 6 will be settled by the Joint Committee.

(2) Where a dispute between the two Contracting Parties cannot be settled by the Joint Committee, it shall be submitted on request of one of the contracting parties to a arbitral tribunal.

(3) The arbitral tribunal shall be composed of cases in case. Each Contracting Party shall appoint one member and the two members shall agree on the choice of a member belonging to a third State which will function as President. The latter shall be appointed by the Governments of the Contracting Parties. The members shall be appointed within two months and the President shall be appointed within three months of the date on which a Contracting Party has communicated to the other its will to submit the dispute to the arbitral tribunal.

(4) Where the time limits set out in para. 3 are not complied with, each Contracting Party may, in the absence of any other arrangement, request the President of the ICAO Council to make the necessary appointments. If the President is a national of one of the Contracting Parties, or if he is prevented for other reasons, his replacement will have to make the appointments.

(5) The arbitral tribunal shall render its decisions by a majority. They are imperative. Each Contracting Party shall bear the costs of the arbitrator appointed by him and his representative in the proceedings before the arbitral tribunal; the costs of the President, as well as any other costs, shall be borne by the Parties Contractants at half for each. For the rest, the arbitral tribunal itself stops its proceedings.

(6) With regard to the summons and the hearing of witnesses and experts, the courts and administrative authorities of the two Contracting Parties shall grant, for the requests of the arbitral tribunal for the Government concerned, a Judicial and administrative assistance similar to that granted to foreign civil courts.

(1) This Agreement shall be subject to ratification. The instruments of ratification will be exchanged at Bern as soon as possible.

(2) This Agreement shall enter into force on the first day of the month following the month in which the instruments of ratification have been exchanged. The exchange of notes of 21 December 1956 between the Governments of Switzerland and Austria concerning the exceptional use of Austrian airspace by Swiss aircraft ceases to have effect since the entry into force of the Agreement.

(3) This Agreement is valid for an indefinite period. It may be terminated at any time in writing through diplomatic channels and shall cease to have effect one year after the denunciation.

(4) In the event of a denunciation, the Contracting Parties shall commence negotiations immediately with a view to a new common regulation concerning the effects of the operation of their aerodromes near the border.

Done at Bregenz, on 23 July 1991, in two copies.