(1) Between Rheinfelden (Argovie) and Rheinfelden (Baden-Württemberg), it is built at the level of the river km 151.71 a motorway bridge, hereinafter 'the bridge', crossing the Rhine on the Swiss and German territories, and serving the access to the Swiss national road N3 and the German Federal Highway A861.

(2) The bridge will be completed as far as possible in 2005.

(3) As far as possible, the Contracting Parties shall have carried out, at the time of opening of the bridge to traffic, the connection with the National Highway N3 and the Federal Highway A98 located in their respective territories.

(4) With regard to the continued use for the traffic of the present bridge over the Rhine in the old town of Rheinfelden, the agreement of 24 June 1999 between the city of Rheinfelden/Bade, the town of Rheinfelden/Argovie, will be referred to the Convention The Conseil d' Etat du canton d' Argovie, the arts and crafts communities of Rheinfelden (Bade and Argovie) and ATE Suisse/ATE Argovie relating to the closure of the former bridge on the Rhine to individual motorised traffic between the two towns of Rheinfelden (Bade and Argovie), necessary for the construction of the access service A (N) 3-A98 (bridge on the Rhine).

(1) The following stipulations apply to the bridge:

(a)

The bridge is composed of three arches with a total length of 211 m;

(b)

The central arch, with a diagonal length of at least 101 m, allows a 90 m wide open water gauge in the river axis and 7.50 m above the highest navigable level;

(c)

The bridge has two superstructures separated from each other and each has one unidirectional carriageway with a width of 8.0 m; the total width is 22.63 m. The abutment on Swiss territory includes an underpass for pedestrians;

(d)

Along the east side of the bridge, it is possible to construct a pedestrian and bicycle path of a width of 2.50 m, forming an integral part of the bridge and included in its total width of 22.63 m;

(e)

The bridge is located at km of construction 0 + 000 (middle of the superstructure) and goes, inclusive, up to the south abuts on the Swiss territory and to the north end located on German territory.

(2) Differences in relation to the provisions of para. 1 necessary for the performance of the work shall be established after agreement between the competent authorities of the two Contracting Parties.

(1) The construction of the bridge shall be the common responsibility of the Contracting Parties.

(2) The Government of the Federal Republic of Germany (Contracting Party responsible for enforcement) shall carry out the work. The execution of the work includes planning, tendering, awarding of work, control of execution documents, geological examinations, monitoring of work, construction documentation, examination of the counting of the Contract benefits and the development of cost apportionment in accordance with this Agreement. The competent authority of the Contracting Party responsible for enforcement shall contact the other Contracting Party in good time for the carrying out of the activities referred to in paragraph 2. ^E The required decisions shall be taken by mutual agreement between the Parties within the meaning of the provision of para. 1.

(3) The construction of the bridge shall also include work on foundations, pillars and abutments, including necessary work in the bed of the river.

(4) The bridge shall be designed, executed and approved in accordance with the standards and technical requirements for construction in force in the Federal Republic of Germany. Subject to the law and its primacy, the competent authorities of the Contracting Parties may agree to apply for certain parts of the construction the standards and technical requirements for construction in force in Switzerland.

(5) The bridge shall be tender in accordance with the law of the European Communities. In this respect, the principle of non-discrimination and equal treatment of nationals applies to goods and services of Swiss origin as well as to tenderers having their registered office or branch in Switzerland. This also applies to the remedies available.

(6) The Contracting Party carrying out a fixed performance with the undertaking has a guarantee period of at least five years, also for the benefit of the other Contracting Party; the guarantee period shall begin at the time of receipt of the bridge.

(7) The connection of the bridge to the road and the abutments of the abutments, including the construction of the slopes, shall be the responsibility of each Contracting Party on its territory.

(1) Each Contracting Party shall ensure that the authorizations and permits required for the construction of the bridge are collected in a timely manner in accordance with its legal requirements.

(2) Each Contracting Party shall, at its own expense, ensure that the land required on its territory as a permanent or temporary basis for the construction of the bridge is available on time.

(3) Metrated and geodesic readings of the required land shall be carried out by each Contracting Party on its territory at its own expense.

(1) After the completion of the construction work, the bridge shall be received by the competent authorities of the Contracting Parties in the presence of the undertakings authorised. The reception of the bridge shall be recorded in a joint statement.

(2) The Contracting Party responsible for enforcement shall deliver to the other Contracting Party, free of charge and on time before the receipt, a copy of the execution plans and static calculations.

(3) The Contracting Party responsible for enforcement shall monitor the time limits for the guarantee of the bridge and shall enforce the claims to be guaranteed also on behalf of the other Contracting Party.

(1) Each Contracting Party shall bear half of the costs of construction of the bridge.

(2) For the distribution of costs, the German turnover tax which is included in the costs shall not be taken into account. This tax is borne by the Federal Republic of Germany alone.

(3) The Swiss Federal Council shall reimburse the Government of the Federal Republic of Germany for administrative costs incurred in accordance with Art. 3, para. 2, of 10 % of its costs under para. 1, without German tax on turnover.

(4) The additional costs incurred in the construction and maintenance of the pedestrian and bicycle path are borne by the two towns of Rheinfelden (Argovie) and Rheinfelden (Baden-Württemberg). The details shall be settled by a convention between the competent authorities of the Contracting Parties and the two cities concerned.

(1) The Swiss Federal Council shall reimburse the Government of the Federal Republic of Germany for its share of the progress payments made to undertakings entrusted with the progress of the work.

(2) The Government of the Federal Republic of Germany shall communicate to the Swiss Federal Council two months in advance the estimated financial requirement for advance payments.

(3) The Swiss Federal Council shall reimburse the remainder of its share of the costs after final receipt and presentation of the final statement.

(4) All payments shall be made in Swiss francs at the rate of exchange of the Swiss National Bank on the due date.

(5) In the event of a dispute, the undisputed amounts shall not be withheld.

(6) The Swiss Federal Council receives, free of charge, duplicate construction contracts, order documents and verified accounting documents.

(1) The Contracting Party responsible for enforcement shall assume the maintenance of the bridge.

(2) Maintenance includes routine maintenance, large maintenance and renewal, as well as winter service and cleaning.

(3) At intervals of six years, the competent authorities of the Contracting Parties, in the presence of representatives of the competent border authorities, shall carry out joint checks on the condition of the bridge and the related facilities. On special occasions, for example, in the case of exceptional floods, debacle, collision of a vessel or similar accidents, a state control must be carried out in common. The common status checks shall be carried out by the Contracting Party held in the warehouse; the minutes shall be recorded.

(4) Work within the meaning of paras. 2 and 3 shall be carried out by mutual agreement between the competent authorities of the Contracting Parties.

(5) Maintenance costs shall be divided by half in accordance with s. 6 and are the subject of an annual count. The details of the count shall be settled by the competent authorities of the Contracting Parties; it is also possible to agree on an alternative method of counting as the annual count.

(6) The authority responsible for the maintenance and, therefore, the obligation to ensure the safety of traffic in the whole area of the bridge releases the relevant authority of the other Contracting Party from any claim by third parties.

(1) Within the framework of the Agreement of 21 June 1999 on freedom of movement between the European Community and its member states on the one hand and the Swiss Confederation on the other hand ¹ , persons involved in the construction and maintenance of the bridge do not require admission to the labour market issued by the other Contracting Party. This clause will also apply, on a reciprocal basis, to the future construction of border bridges, in the sense of exchange of letters ² On 9 June 1978 accompanying the Agreement of 9 June 1978 between the Swiss Confederation and the Federal Republic of Germany concerning the connection of motorways in the Basel region and Weil am Rhein ³ .

(2) The Contracting Parties undertake to resume at any time without formalities and in accordance with the agreements concluded between them persons who have entered under this Agreement in the territory of the other Contracting Party and

(a)

Have violated the provisions of this Agreement, or

(b)

Stay illegally in the said territory.

(3) Individual questions relating to the maintenance of order and security in the area of the bridge site shall be decided by common accord of the local police and border control authorities.

(4) The provisions of this Article shall be valid as long as there is no separate contractual regulation between the Contracting Parties in force on the crossing of the border and the resumption of persons.

(1) On the supply of goods and other services relating to the construction and maintenance of the bridge, the German tax law on turnover should be applied; for these sales figures, no Swiss tax on the Value added is not perceived.

(2) Goods that are used in the construction and maintenance of the bridge and of the customs facilities annexed to this Agreement shall be exempt from the entry fees, in accordance with the exchange of letters of 9 June 1978 between the Swiss Confederation and the Federal Republic of Germany on exemptions and relief in respect of entry fees during the construction, maintenance, modification and operation of other crossing points Border and border bridges, intervened on the occasion of the signing of the Agreement of 9 June 1978 between the Swiss Confederation and the Federal Republic of Germany concerning the connection of motorways in the Basel region and Weil am Rhein.

(3) The competent tax and customs authorities of the two Contracting Parties shall agree and provide each other with all the information and support necessary for the application of their legal and administrative requirements in The framework of the provisions of paras. The representatives of these authorities shall be entitled to visit the site and on the bridge and to take it within the framework of the provisions of par. 1 and 2, the measures provided for in their legal and administrative standards.

(4) The Agreement of 11 August 1971 between the Swiss Confederation and the Federal Republic of Germany with a view to the avoidance of double taxation in respect of taxes on income and on capital ¹ , as last amended by the Protocol of 21 December 1992 ² , or another regulation to replace it, shall not be affected by the provisions of this Agreement.

The juxtaposed national control offices are built on the basis of the Convention of 1 ^Er June 1961 between the Swiss Confederation and the Federal Republic of Germany on the establishment of juxtaposed national control offices and vehicle controls along the way ¹ .

To the extent that personal data are transmitted under this Agreement, the provisions of this Agreement shall be those of the Annex which shall form an integral part of this Agreement.

(1) The Contracting Parties shall constitute a joint German-Swiss commission for the purpose of

(a)

To discuss issues arising from the application of this Agreement and the technical regulations based on the present Agreement;

(b)

Make recommendations to the two Governments, including possible amendments to this Agreement and technical regulations;

(c)

Recommend appropriate measures to the competent authorities in order to remedy the difficulties.

(2) The Commission shall be composed of five Swiss members and five German members, who may be accompanied by experts. Each Contracting Party shall designate a member of its delegation to lead it. Each head of delegation may summon the committee by a request to the head of the other delegation, in which case the committee shall meet no later than two months after receipt of the request.

Disputes concerning the interpretation or application of this Agreement shall be decided by the competent authorities of the Contracting Parties. Each Contracting Party may, for that purpose, seek the opinion of the Joint Committee provided for in Art. 13 of this Agreement. If no agreement can be reached, the diplomatic channel can be used.

(1) This Agreement shall be concluded for an indefinite period. It may only be amended, supplemented or denounced by agreement between the Contracting Parties.

(2) If significant difficulties arise in the application of the agreement or if the circumstances prevailing at the time of its conclusion change substantially, the Contracting Parties, at the request of one of them, shall negotiate an amendment Of the agreement or its suspension and rearrangement.

(1) This Agreement shall enter into force one month after the day on which the Contracting Parties have notified each other that the national conditions for entry into force are fulfilled. The determining day is the day on which the last notification is received.

(2) For the purpose of opening the bridge to traffic as soon as possible, the provisions of this Agreement shall be applied in advance as of the date of signature, in accordance with the applicable national law of the Contracting Parties.

The German Contracting Party shall proceed without delay to the registration of this Agreement, upon its entry into force, with the United Nations Secretariat under Art. 102 of the United Nations Charter ¹ The other Contracting Party shall be informed of the registration and of the registration number of the United Nations as soon as it has been confirmed by the United Nations Secretariat.

Done at Bern, on 29 January 2003, in two originals in the German language.