0.725.123 translation agreement between the Swiss federal Council and the Government of the Federal Republic of Germany relating to the construction and maintenance of a highway bridge over the Rhine between Rheinfelden (Aargau) and Rheinfelden (Baden-Wuerttemberg) concluded on January 29, 2003, approved by the Federal Assembly on June 20, 2003 entered into force by Exchange of notes on 23 June 2005 (status on June 21, 2005) the Swiss federal Council and the Government of the Republic of Germany desire to improve road links between the two States and facilitate traffic in transit through their territories, agreed to the following: art. 1 purpose of the agreement (1) Rheinfelden (Aargau) Rheinfelden (Baden-Württemberg), it is built to the level of the river km 151,71 highway bridge, hereinafter 'the bridge', crossing the Rhine on the Swiss and German territories, and for the service of access to the Swiss national road N3 and the German Federal motorway A861.
(2) the bridge will be completed to the extent possible in 2005.
(3) to the extent possible, the Contracting Parties must have realized at the time of the opening of the bridge to traffic, liaison with the N3 Highway and Federal Highway A98 located on their respective territories.
(4) in the case of the continued use for the purposes of the traffic of the current bridge over the Rhine in the old town of Rheinfelden, will be referred to the convention on June 24, 1999, between the town of Rheinfelden/Baden, the town of Rheinfelden/Aargau, the Conseil d'Etat of the canton of Aargau, the community of arts and crafts of Rheinfelden (Baden and Aargau) and Aargau Switzerland/ATE ATE on the closure of the old bridge over the Rhine to the motorized individual traffic between the two cities of Rheinfelden (Baden and Aargau), necessary for the construction of the service of access (N) 3 - A98 (bridge over the Rhine).
Art. 2 description of the bridge (1) the following provisions apply to the bridge: has) the bridge consists of three arches with a total length of 211 m; b) the central arch, a diagonal length of at least 101 m, allows a template of navigable space of 90 m wide in the axis of the river and 7.50 m above the highest navigable level; c) the bridge carries two superstructures separated from each other and each with a one-way road with a width of 8.0 m; the total width amounts to 22,63 Mr. abutment in Switzerland has an underpass for pedestrians; d) along the coast East of the bridge, it is possible to construct a pedestrian and cycling with a width of 2.50 m, as part of the bridge and included in its total 22,63 m width; e) bridge is the construction 0 + 000 km (middle of the superstructure) and will inclusive, until the South abutment situated on Swiss territory and the North abutment located on German territory.
(2) deviations from the provisions of para. 1 necessary for execution of the works are based upon agreement between the competent authorities of both Contracting Parties.
Art. 3 performance of the work (1) the construction of the bridge is in common to the Contracting Parties.
(2) the Government of the Federal Republic of Germany (contracting party responsible for execution) assumes the execution of the work. The work includes planning, tender, the award of work, control of execution documents, geological examinations, supervision of the work, construction documentation, examination of the counting of the contractual and policy-making of the allocation of costs in accordance with this agreement. The competent authority of the contracting party responsible for execution comes into contact with the other Contracting Party in time for the realization of the activities listed in the 2 sentence; the decisions required are taken by common agreement between the Parties within the meaning of the provision of para. 1. (3) the construction of the bridge also includes work on the foundations, the pillars and the abutments including the necessary work in the bed of the river.
(4) the bridge is designed, executed and approved according to the standards and technical requirements of building regulations in the Federal Republic of Germany. Subject to the Act and its primacy, the competent authorities of the Contracting Parties may agree to apply for some parts of the construction standards and technical requirements of building regulations in Switzerland.
(5) the bridge is being a tender in accordance with the law of the European communities. In this respect, the principle of non-discrimination and equal treatment of nationals apply for the goods and services of Swiss origin, as well as for the bidders having their head office or a branch in Switzerland. This also applies to the means of redress available.
(6) the contracting party responsible for implementing fixed with the mandated company a period of guarantee of at least five years, also for the benefit of the other Contracting Party; the warranty period begins upon receipt of the bridge.
(7) the connection of the bridge to the road as well as the filling of the abutments, including the development of slopes, is the responsibility of each Contracting Party in its territory.
Art. 4 right of superficies and acquisition of Lands (1) each Contracting Party shall together in time licenses and permits required for construction of the bridge in accordance with its legal requirements.
(2) each contracting party ensures, at his own expense, that the land required in its territory on a permanent or temporary basis for the construction of the bridge are available in time.
(3) the measurements and identified geodetic required courses are made by each Contracting Party in its territory at its own expense.
Art. 5 reception (1) after the completion of the construction, the bridge is received by the competent authorities of the Contracting Parties in the presence of the mandated business. The reception of the bridge is recorded in a common statement.
(2) the contracting party responsible for execution back to the other Contracting Party, for free and on time before the reception, a copy of the plans of execution and static calculations.
(3) the contracting party responsible for execution monitors delays in warranty for the bridge and submitted claims to guarantee also on behalf of the other Contracting Party.
Art. 6 costs (1) each contracting party bears half of the costs of construction of the bridge.
(2) for the distribution of costs, German tax revenue that is included in the costs should not be taken into account. This tax is paid by the Federal Republic of Germany only.
(3) the Swiss federal Council will reimburse the Government of the Federal Republic of Germany the administrative costs in accordance with art. 3, al. 2, amounting to 10% of fees imposed in respect of the al. 1, without German turnover tax.
(4) additional costs due to the construction and maintenance of the pedestrian and cycling path are supported by the two cities of Rheinfelden (Aargau) Rheinfelden (Baden-Wuerttemberg). The details are laid down in an agreement between the competent authorities of the Contracting Parties and the two cities involved.
Art. 7 refunds (1) the Swiss federal Council shall repay to the Government of the Federal Republic of Germany which is responsible for payments made to businesses mandated according to 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 estimate for instalment payments to financial needs.
(3) the Swiss federal Council pays the rest of its share of the costs after final reception and presentation of the final statement.
(4) all payments are in Swiss francs at the exchange rate of the National Bank Swiss on the due date.
(5) in the event of a dispute, the undisputed amounts may not be confiscated.
(6) the Swiss federal Council receives free copies of contract construction, control and settlement documents audited documents.
Art. 8 maintenance (1) the contracting party responsible for implementation assumes the maintenance of the bridge.
(2) maintenance includes routine maintenance, the big maintenance and renewal, as well as the winter service and cleaning.
(3) every six years, the competent authorities of the Contracting Parties, in the presence of representatives of the competent border authorities, must perform in common controls on the State of the bridge and related facilities. At special occasions, for example in the case of exceptional floods, debacle, collision of a ship or of similar accidents, State control must be made in common. The common State controls are implemented by the contracting party required maintenance; It made for a record.
(4) the work within the meaning of the al. 2 and 3 are made by mutual agreement between the competent authorities of the Contracting Parties.
(5) maintenance expenses are shared by half in application of art. 6 and are subject to an annual adjustment. Details of the settlement are resolved by the competent authorities of the Contracting Parties; It is also possible to agree on another mode of settlement than the annual count.
(6) the authority responsible for the maintenance and therefore the obligation to ensure the safety of traffic across the bridge area frees the authority concerned of the other Contracting Party of any claims of third parties.
Art. 9 work permit and obligation to recovery (1) the agreement of 21 June 1999 on the freedom of movement agreement between the European Community and its Member States on the one hand, and Switzerland on the other hand, people involved in the construction and maintenance of the bridge need no admission to the labour market, issued by the other Contracting Party. This clause also apply on a basis of reciprocity, the future construction of border bridges, within the meaning of the exchange of letters of 9 June 1978, accompanying the agreement of 9 June 1978 between the Swiss Confederation and the Federal Republic of Germany on the highways connecting in the region of Basel and Weil am Rhein.
((2) the Contracting Parties agree to resume at any time without formalities and according to the agreements between them who have entered under this agreement in the territory of the other Contracting Party and a) have violated the provisions of this agreement, forgotten the source) are illegally on the territory.
(3) individual questions relating to the maintenance of order and security in the area of the construction of the bridge are decided by mutual agreement by the competent local authorities policing and border control.
(4) the provisions of this section are valid both and if no contractual regulations separated between the Contracting Parties enter into force about the crossing of the border and the recovery of people.
RS 0.142.112.681 RS 0.725.121.1 RS 0.725.121 art. 10 tax and customs provisions (1) on the delivery of objects and other benefits in relation to the construction and maintenance of the bridge, to apply German law on turnover tax; for these turnover figures, no Swiss value-added tax is perceived.
(2) goods that are used for the construction and maintenance of the bridge and the customs facilities under this agreement are exempt entrance charges, in accordance with the exchange of letters of 9 June 1978 between the Swiss Confederation and the Federal Republic of Germany on the exemptions and relief in entry fees during construction maintenance, modification and exploitation of other places of border crossings and bridges border, intervened on the occasion of the signing of the agreement of 9 June 1978 between the Swiss Confederation and the Federal Republic of Germany on the highways connecting in the region of Basel and Weil am Rhein.
(3) the tax and customs authorities competent authorities of both Contracting Parties agree, and mutually provide all the information and support needed for the application of their legal and administrative regulations under the provisions of paras. 1 and 2. Representatives of these authorities are entitled to go on site and on the bridge and take, under the provisions of paras. 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 to avoid double taxation in terms of taxes on income and fortune, amended by the Protocol of 21 December 1992, or another regulation coming to replace it is not affected by the provisions of this agreement.
RS 0.672.913.62 RS 0.672.913.622 art. 11 juxtaposed Customs Office to national controls facilities are built on the basis of the Convention of June 1, 1961, between the Swiss Confederation and the Federal Republic of Germany relating to the establishment of offices to juxtaposed national controls and controls in vehicles along the way.
SR 0.631.252.913.690 art. 12 transmission of personal insofar as personal data is transmitted under this agreement, the applicable provisions are those of the annex which is an integral part of this agreement.
Art. 13 Joint Committee (1) the Contracting Parties constitute a German joint commission which is has) to discuss the issues arising from the application of this agreement and of technical regulations based on the latter; b) to make recommendations to the attention of the two Governments, including in what concerns of possible amendments to this agreement and the technical regulations; c) to recommend to the competent authorities of the appropriate measures in order to overcome the difficulties.
(2) the commission is composed of five Swiss members and five German members, who may be accompanied by experts. Each Contracting Party designates a member of his delegation to lead. Each head of delegation may convene the commission by a written application addressed to the head of the other delegation, in which case the commission shall meet no later than two months after receipt of the request.
Art. 14 settlement of disputes disputes relating to the interpretation or application of this Agreement shall be decided by the competent authorities of the Contracting Parties. For this purpose, each Contracting Party may seek the advice of the joint commission under art. 13 of this agreement. If no agreement can be found, the diplomatic channels can be used.
Art. 15 period of validity and amendment of the agreement (1) this agreement is concluded for an indefinite period. It cannot be modified, completed, or terminated by agreement between the Contracting Parties.
(2) if significant difficulties arise in the implementation of the agreement or significant changes in the circumstances existing at the time of its conclusion, the Contracting Parties, at the request of one of them, will negotiate a change in the agreement or its suspension and its redevelopment.
Art. 16 entry into force (1) this agreement comes into force one month after the day where the Contracting Parties themselves are notified each other national conditions for the entry into force are met. The decisive day is the receipt of the last notification.
(2) for the purpose to open the bridge to traffic as soon as possible, the provisions of this agreement are applied in advance from the date of its signature, in accordance with the national law of the Contracting Parties.
Art. 17 clause of the German party registration proceeds without delay registration of this agreement, upon its entry into force, to the United Nations Secretariat in respect of art. 102 of the Charter of the United Nations. The other Contracting Party is informed the recording made as well as the registration number of the United Nations, as soon as it was confirmed by the United Nations Secretariat.
Done at Berne, on January 29, 2003, in two original copies in the German language.
RS 0.120 annex in light of the national law of each Contracting Party, the transmission and the use of personal data, referred to as given under this agreement will respect the following provisions:
1. the authority receiving the data informs, at his request, the authority of the other Contracting Party, which shall forward it, the use of the transmitted data and results so obtenus.2. The use of the data by the recipient is eligible only for the purposes described in this agreement and the conditions prescribed by the authority, which will forward them. Moreover, the use is eligible to prevent and pursue important punishable acts as well as for the purpose to guard against significant threats to security experience.3. The authority which forwards the information shall ensure its accuracy as well as to the necessity and proportionality in the light of the purpose of the transmission. In this respect, the applicable under relevant national law prohibitions of transmission must be respected. The data transmission is not performed while the authority called to transmit has reason to believe that this transfer would violate the purpose of a national law or impair interests worthy of protection of the persons concerned. It turns out that there was incorrect data or data which should not be transmitted, whether to inform without delay the recipient. It shall make the correction or the destruction.4. It should be give to the person concerned, at its request, information on the data available on his person as well as their intended purpose of use. The disclosure of such information may be refused where the interest of the State not to give intelligence outweighs the interest of the applicant. For the rest, the right of the person concerned to obtain information is based on the national law of the Contracting Party on whose territory the information is demande.5. When transmitting, the authority which transmits data reports of these data retention periods provided for in its national law and at the end of which they must be destroyed. Regardless of delays, the transmitted data must be destroyed as soon as they are no longer needed for the purpose in which they have been transmises.6. Transmission authority and the receiving authority shall ensure that the transmission and reception of data are recorded by ecrit.7. Transmission authority and the receiving authority are required to effectively protect data against unauthorized access, unauthorized modification and unauthorized disclosure.
11 State. July 2006