Rs 0.725.121 June 9, 1978 Agreement Between The Swiss Confederation And The Federal Republic Of Germany Concerning The Connection Of Highways In The Region Of Basel And Weil Am Rhein (With Exchanges Of Letters)

Original Language Title: RS 0.725.121 Accord du 9 juin 1978 entre la Confédération suisse et la République fédérale d’Allemagne concernant le raccordement des autoroutes dans la région de Bâle et Weil am Rhein (avec échanges de lettres)

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0.725.121 translation agreement between the Swiss Confederation and the Federal Republic of Germany concerning the connection of the motorways in the region of Basel and Weil am Rhein determined on June 9, 1978, approved by the Federal Assembly on December 14, 1979, Instruments of ratification exchanged on June 10, 1980 entered into force June 10, 1980 (status February 18, 2014) the Swiss Confederation and the Federal Republic of Germany who want to address issues related to the connection of the motorway between Basel and Weil am Rhein, have agreed to the following: art. 1 purpose of the agreement (1) the German in Freiburg from Highway and the Swiss national road 2 are connected near Weil am Rhein (Friedlingen) and Basel (Petit-Huningue), to the West of the railway of the federal railways German.
Are built for this purpose: a) on the Swiss and German territories: a highway bridge (border bridge) that crosses the border between the two Contracting States; b) on German territory: buildings, sites and facilities for the performance of customs formalities (controls offices); c) on German territory: facilities used for the supply of people and vehicles travelling in Switzerland (dependencies); d) on German territory : a road (service road) linking the Switzerland dependencies and the offices of Swiss controls of import, including customs canteen.

(2) a comprehensive plan giving an overview of the planned facilities is attached to this agreement.

The plan, published in the RO (RO 1980 997), is not reproduced in this collection.

Art. 2 performance of the work and costs (1) the Switzerland built the border bridge including the retaining walls and the underpass. Planning, layout submission, award, the execution of the works and their monitoring are provided by the canton of Basel-City, in accordance with the "Land" for Baden-Württemberg. Swiss technical standards apply to construction.
(2) Federal Republic of Germany built dependencies and the service road. Plans and dependencies as well as the service road construction will be executed together with the canton of Basel-City.
((((3) the acquisition cost of the land and rights, as well as construction costs are supported by: a) the Switzerland and the Federal Republic of Germany for the part of the border bridge located on their territory; b) the Switzerland for road service, the underpass and retaining walls, the latter as they are rendered necessary by the road of service; c) the canton of Basel-City for dependencies.

(4) the competent authorities of the Contracting States regulate questions of detail.

Art. 3 maintenance and changes, costs (1) the maintenance of the frontier bridge, including cleaning and winter service, renovation and modifications, with the exception of the underpass, are the responsibility of each Contracting State to the part located on its own territory. The changes will be planned and executed in accordance with the competent authorities of the Contracting States.
(2) maintenance of dependencies, road service and the underpass, including cleaning and winter service, as well as their renovation and changes are provided by the Federal Republic of Germany in conjunction with the canton of Basel-City. The Switzerland pays. In dependencies, cleaning jobs, as well as repairs and minor modifications to the Interior, may be carried out by the canton of Basel-City, together with the Federal Republic of Germany. The competent authorities of the Contracting States regulate the questions of detail.

Art. 4. other arrangements about maintenance and modifications (1) the competent authorities of the Contracting States can make other arrangements for maintenance, renovation and changes in buildings and fixed installations. The sections of Highway between the border and the German junction point to Weil am Rhein highway or the joining point of Swiss of the Wiese, as well as the same junction points may be included in the arrangements on the cleaning and winter service.
(2) the requirements of the State of stay on administrative responsibility and accountability for the duty to ensure the safety of traffic violations are not changed. Third parties cannot make claims as to the competent authority of the receiving State. Benefits paid by it to a third party will be returned to him by the mandated authorities.

Art. 5 controls (1) offices offices juxtaposed national controls are set for customs purposes in accordance with the Convention of 1 June 1961 between Contracting States on the establishment of offices in juxtaposed national controls and controls in vehicles along the way. This convention, as well as the arrangements are related between the competent authorities of the Contracting States are not affected by this agreement.
(2) art. 9 and 11 apply analogously to deliveries for the canteen managed and operated inside the Swiss customs facilities as well as the imposition of turnover that is true; the goods cannot be delivered to the offices of the Contracting States controls officers.

SR 0.631.252.913.690 art. 6 dependencies (1) the canton of Basel-City is authorized to operate the dependencies. It can give them to lease.
(2) the dependencies include road restaurants with booth, information and exchange offices, petrol as well as roads, railways, stations places to park and ancillary facilities.
(a) meals and drinks as well as items of travel, especially of sweets, tobacco, newspapers and post cards can be sold in restaurants with kiosque.b) fuel and lubricants conventional as well as items for motor vehicles can be sold in gas stations. (May in addition there operate facilities in the service of depannage.c) the usual operations in relation to the cross-border trafficking can be performed in the offices of change.d) information offices can also provide information, book hotel rooms and offer regular services in tourist traffic.

(3) people domiciled in Switzerland, managing businesses in the dependencies, as well as their staff can move freely across the border with the amounts needed in the management of these businesses or those that they have received.

Art. 7 post and telecommunications (1) dependencies can be connected to the public network telephone and telex.
(2) public telephones public, connected to the official Swiss phone network, can be placed in the dependencies and controls Swiss offices.
(3) Swiss postage can be sold in the dependencies and Swiss mailboxes be installed.
(4) the competent authorities of the Contracting States will allow the border crossing to telecommunications facilities serving sites, including connections to the network of official phone of the other Contracting State by mutual agreement.
(5) the development of cross-border telecommunications facilities equipping the highway is allowed between the support points Highway served the two States Contracting and located near the offices of controls. However, switching to these cross-border links on the official telecommunications network or the rest of the motorway network of telecommunications of the other Contracting State will be prevented, unless an emergency regulations is established.
(6) services of customs, police, relief and road maintenance are entitled to have cross-border telecommunications facilities. The second sentence of para. 5 shall apply by analogy.
(7) the competent authorities of the Contracting States regulate the questions of detail.

Art. 8 fees of entry on the goods for the construction, maintenance, modifications and exploitation (1) goods (e.g. building materials, equipment operation, machines, devices, tools, vehicles) are exempt from tariffs as well as all other duties and taxes levied on import in Switzerland, on the condition that they are used in the construction of the border bridge from the border until the kilometer 1, Hwy 150, or the safety of traffic on this road. This regime applies to goods which remain or are used only if they come from the free internal market of the Federal Republic of Germany.

(2) goods (e.g. building materials, equipment operation, machines, devices, tools, vehicles, materials for the installation of fences customs or security as well as for roadside plantations) are exempt from tariffs as well as all other duties and taxes collected at importation into the Federal Republic of Germany. These exemptions are subject on the condition that these goods are used in the construction of the border bridge, to that of the highway between the border and the kilometer 813,225 as well as the 813,225 kilometer kilometre 811,680, service road or the security of the traffic on these roads. This regime applies to goods which remain or are used only if they come from the Switzerland. The exemption of fees is granted under the same conditions for the goods used in the construction of the offices to national controls juxtaposed to the Contracting States and dependencies.
(3) the exemption of rights according to the al. 1 and 2 apply to imports since December 14, 1973 (entry into force of the exchange of notes between the Contracting States on the delay of payment of entry fees).
(4) goods for maintenance, renovation, changes, or operation of the facilities referred to in paras. 1 and 2 are exempt from rights of customs and other fees and taxes levied on import of goods, the conditions set out in those paragraphs.
(5) the importation, by official authorities of construction, goods referred to in paras. 1, 2 and 4 is not exempt from turnover tax.
(6) guarantees are not required. Remain however reserved the necessary control and security measures.
(7) the duty-free goods according to the al. 1, 2 and 4 are freed of restrictions and import and export bans.

Art. 9 customs and tax regulations special about dependencies (1) goods from the free market to the Switzerland and introduced by the road of service in the dependencies are processed, the customs points of view, from the tax on the turnover of tax to consumption and law of monopoly on the one hand, and, on the other hand, with regard to the import regime export and transit, according to the conditions laid down in the 6th paragraph, as if they had not crossed the common border.
(2) the goods from the Republic Federal Germany and introduced directly in the dependencies are processed customs points of view, of the consumption tax and law of monopoly on the one hand, and on the other hand in what concerns the system of import, export and transit, according to the conditions laid down in paragraph 6, as if they had been incorporated across the common border. The Switzerland will be charged on such goods import charges under Swiss law.
(3) the turnover of dependencies is subject to Swiss turnover tax. It is same for deliveries and other services provided to operators in the dependencies. The construction, maintenance, renovation or change of facilities and fixed equipment are excluded.
(4) operators of dependencies and their staff have the Swiss authorities, with respect to the Swiss tax on turnover, the same rights and duties they would have if the dependencies were on the Swiss customs territory. However, operators may, under German tax law, deduct input tax, the German Office as competent (Finanzamt), amounts of turnover tax which they were debited separately. German tax authorities are empowered to check dependencies if the withholding tax was deducted correctly.
((5) Switzerland transferred annually to the Federal Republic of Germany, under deduction of 5% as administrative fees, half of the product of the Swiss tax on the turnover from: has) the imposition of turnover figures referred to in the al. 3, 1 and 2 sentence as well as art. 5, al. 2, etb) as designated under a turnover) are not taxed: the imposition of the goods bought or introduced to achieve these sales as well as services provided. For the calculation of the proceeds of the tax according to the let. (b), the operators must provide the necessary information to the Federal Tax Administration. The federal Department of finance and the Federal Administration of the contributions set by mutual agreement procedures for calculation of the share of the proceeds of the tax, which goes annually to the Federal Republic of Germany.

(6) goods brought into the dependencies in accordance with paras. 1 and 2 cannot be delivered to people travelling to Switzerland, which destined them for their personal use or to their own consumption, to their household or to be given as a gift, and with respect to fuels and lubricants for motor vehicles, only the quantity for their own vehicle.
(7) the area of dependencies is also subject to customs supervision and tax Switzerland. Are applicable by analogy, in this case, the provisions of parts II and III of the Convention of June 1, 1961, between Contracting States relating to the establishment of offices to national controls juxtaposed and controls in vehicles along the road, except for the art. 6, 8, 9, 14 and 15.
(8) the District of Basel customs management and the "Oberfinanzdirektion Freiburg" will order agreed supervision and security measures to prevent violations of the requirements of Contracting States Customs, consumption tax and law of monopolies as well as import, export and transit.

Erratum on Feb 18. 2014 (2014 489 RO) RS 0.631.252.913.690 art. 10 direct taxes are not affected by this agreement: has) the Convention of August 11, 1971, between the Swiss Confederation and the Federal Republic of Germany to avoid double taxation on income and wealth tax, so Frenchie) the agreement of 15 July 1931 between the Swiss Confederation and the German Reich to avoid double taxation on direct taxes and estate taxes in the content of the additional protocol of March 20, 1959 or regulations that replace them.

RS 0.672.913.62 [RS 12 555; RO 1957-707-711, 1959, 336, 346, 822. SR 0.672.913.61 art. 15, 0.672.913.62 art. 30 HP. 1]. Currently: Conv. from 30 nov. 1978 (RS 0.672.913.61).
[RO 1959 822]

Art. 11 goods in dependencies (1) goods admitted under art, 6 can be introduced into the dependencies as they meet the requirements of the Swiss. They can there be put into circulation at the terms of para. 2, 1 sentence.
(2) the German requirements do not apply to the goods referred to in paragraph 1 when they do not meet the requirements of Swiss law as to the nature, packaging, brand or the description of the goods or the price indications. If the German control offices doubt the eligibility of such goods, they call, to clarify this matter, to the competent Swiss offices; the German control offices can take temporary measures that are urgently needed.
(3) only the Swiss authorities are competent to pursue and punish the introduction of the Switzerland in the outbuildings of goods not in compliance with the Swiss requirements.
(4) if authorities and German courts decisions are made at the expense of people living in Switzerland and who had broken in the outbuildings, the requirements according to para. 2 in the introduction of the goods mentioned therein, these people will be prosecuted in Switzerland, at the request of the authorities, when: a) the decision is unassailable; b) the Act is liable to punishment if it is committed in Switzerland; to determine if the Act is punishable and its author may be prosecuted under Swiss law, should stick to the actual findings on which is based the decision; c) in accordance with Swiss law, the absolute limitation of the continuation period would have not been expired at the time of the decision; d) assent should not be considered to be prescribed if it had been taken at the same time by a Swiss authority.

(5) applications for enforcement of a judgment must be directed to the Criminal Court of the canton of Basel-City. If the enforcement conditions are met, the Court declares the binding decision, free of charge, and arranges to execution. The canton of Basel-City regulates the form of the decision and provides a legal means of redress.
(6) the amounts collected according to the para. 5 are paid, after deduction of actual costs, the German applicant Agency.

Art. 12 regulations for foreigners


(1) the people loaded the construction, maintenance, renovation and modifications of highway, the offices of controls, road service and dependencies, as long as they the territory of one of the Contracting States in the territory of the other to take their work, are exempt from any approval that may be required under the law of those States.
(2) Federal Republic of Germany allows Swiss citizens occupied in dependencies and the canteen of the Customs to enter and stay in the area of dependencies and offices of Swiss controls; This applies also to foreigners from third countries who are in possession of a residence permit in Switzerland to practice their profession. A German residence permit is not required for the stay in the dependencies and controls Swiss offices.
(3) al. 1 and 2 do not apply to workers who are sent to work in subcontracting.
(4) reserved the personal entry bans.
(5) the nationals of the Contracting States must be carriers of an official identification with a photograph; nationals of third States will also be carriers of the authorization of stay or an appropriate document.
(6) the Contracting States will resume support, at any time and without other formalities, according to agreements between them, those who, in violation of this agreement, have entered the territory of the other State.

Art. 13 border crossings to turn around (1) officers of customs and the police as well as employees of the road administration of the Contracting States as well as emergency personnel are entitled, during the exercise of their functions on the highway to cross the border with their service vehicles, including equipment, to return in the State of origin by the route in reverse. As far as this agreement provides otherwise, not the art. 11 to 13 of the Convention of 1 June 1961 between Contracting States on the establishment of offices in juxtaposed national controls and controls in vehicles along the road apply by analogy.
(2) where in the course of the journey on the territory of the other Contracting State, police officers are witnesses to an accident or a situation endangering traffic, they are allowed to make the findings of fact and to take any other emergency measure on the spot. The police of the State of stay must be filled without delay; people can be retained provisionally until the arrival of it.

SR 0.631.252.913.690 art. 14 using the service road (1) service road is open to the service of serving. It can be used only by individuals who, for professional reasons, visit the dependencies or the offices of controls.
(2) the professional transport of people and goods can take place between the border and dependencies, or the offices of Swiss controls even when only the requirements, applicable in Switzerland, permitted it. This also applies to private industrial transport.
(3) it is failed to customs control of people and goods which, by road service, manage dependencies or controls Swiss offices.
(4) the Swiss interests are duly taken into account when are ordered traffic measures that affect traffic set by para. 1. If these impacts are important, the German authorities themselves report timely with the Department of the police of the canton of Basel-City, unless there is danger in delay. In this case, the Police Department of the canton of Basel-City must be informed without delay.

Art. 15 cooperation between officers of the Contracting States, the agents of the Contracting States agree all the mutual support we can to prevent that unauthorized persons leave the highway or the road of service or enter or even that are broken, there or in the area of dependencies, requirements of one of the Contracting States, in particular the requirements relating to the sales or consumption tax, customs , and monopolies, as well as regulations for the import, export and transit. They lend themselves assistance when researching the disappearance of goods and means of transport as well as with the statement of offences to the mentioned legal requirements, helping to save the clues and evidence and exchange information.

Art. 16 commission joint (1) States contractors are a German joint commission which has for mission: has) to discuss issues resulting 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, also with respect to possible amendments to this agreement and 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. The Government of each Contracting State appoints a member of his delegation to preside over. Each Chairman of delegation may, by petition to the president of the delegation, call the commission at a meeting which, at his request, will take place at the latest within a period of one month after receipt of the request.

Art. 17 arbitration clauses (1) if it cannot be resolved otherwise, any dispute relating to the interpretation or application of this agreement is subject to arbitration at the request of a Contracting State.
(2) the arbitral tribunal is formed from case to case, each Contracting State appointing a member and two members designating agreed a national of a third State as the president who shall be appointed by the Governments of the Contracting States. Members are appointed within a period of two months, the president within a period of three months, after that a Contracting State has communicated to the other that he intended to submit the dispute to an arbitral tribunal.
(3) if the deadlines referred to in para. 2 are not respected, and if another arrangement, each Contracting State may invite the President of the European Court of rights of man to make the necessary appointments. If the President has the Swiss or German nationality, or is prevented for another reason, the vice-president shall proceed with the designation. If the vice-president is also a Swiss or German national, or is also prevented, the immediately lower limb in the hierarchy of the Court with the Swiss or German nationality shall make the appointment.
(4) the arbitral tribunal shall take decisions by a majority of the votes on the basis of the treaties existing between the Contracting States and public international law. Its decisions are binding. Each Contracting State supports of the arbitrator he has appointed and the costs incurred by its representation in the proceedings before the arbitral tribunal. The third umpire fees and other charges are also supported equally by the Contracting States. In addition, the arbitral tribunal decides upon its procedure.
(5) if requested by the arbitral tribunal, the courts of the Contracting States grant mutual assistance necessary for citations and hearings of witnesses and experts, in accordance with agreements in force between the two Contracting States on mutual legal assistance in civil and commercial matters.

Art. 18 duration of the agreement and amendments (1) this agreement is concluded for an indefinite period. It may be denounced or amended by mutual agreement between the Contracting States.
(2) if significant problems arise in the application of this agreement or in the event of significant change in the circumstances existing at the time of its conclusion, the Contracting States, at the request of one of them, will negotiate a new regulation.

Art. 19 application to Berlin this agreement is also valid for the 'Land' of Berlin if the Government of the Federal Republic of Germany does not to the Swiss federal Council a statement to the contrary within three months following the entry into force of the agreement.

Art. 20 ratification, entry into force (1) this agreement will be ratified. the instruments of ratification will be exchanged as soon as possible in Bonn.
(2) the present agreement comes into force on the day of the exchange of instruments of ratification.
Done at Bern, June 9, 1978, in two original copies in the German language.

Exchanges of letters of June 9, 1978, the Ambassador of the Berne, on June 9, 1978, the Federal Republic of Germany to the Director of the public international law Mr the Ambassador Emanuel Diez Bern Mr Ambassador, at the signing date of the agreement between the Federal Republic of Germany and the Swiss Confederation on the highways connecting in the region of Basel and Weil am Rhein you have given me on behalf of the Swiss federal Council, the following:


«On the occasion of the signature of today to the agreement between the Swiss Confederation and the Federal Republic of Germany concerning the connection of the motorways in the region of Basel and Weil am Rhein, I have the honour to communicate to you the following: the canton of Basel-City ensures that the plants of the species Acer L., Amelanchier Medik., Chaenomeles Lindl., Cotoneaster Ehrh.» Crataegus l., Cydonia. Mill., Euonymus L., Fagus L., Juglans L., Ligustrum L., Malus Mill., Populus L., Prunus L., common L., Pyracantha M. SIGINT., Pyrus L., Ribes L., Rosa L., Salix L., Sorbus L., Symphoricarpos Dunham., Syringa L., Tilia L., Ulmus L. and Vitis L., coming from Switzerland, be effectively disinfected the lice of San José, under the supervision of the Swiss plant protection service If they are used in facilities within the meaning of article 1 of the agreement between the Swiss Confederation and the Federal Republic of Germany on the highways connecting in the region of Basel and Weil am Rhein.
The Swiss plant protection service establishes a certificate concerning the disinfection was taken, the certificate will be made, on request, to the competent German services or authorities.
I would be grateful to tell me of your agreement to the foregoing; in this case, this letter, which received the approval of the Swiss federal Council and the Government of the canton of Basel-City, and your answer will be part of the agreement."

I have the honour to inform you, on behalf of the Government of the Federal Republic of Germany, that it is in agreement with the foregoing.
Your letter of this day and this response will be part of the agreement.
Please believe, Sir, the assurance of my highest consideration.

Ulrich Lebsanft Ambassador of the Bern, June 9, 1978, the Federal Republic of Germany to the Director of the Directorate of international law public Mr the Ambassador Emanuel Diez Bern Mr Ambassador, at the signing date of the agreement between the Federal Republic of Germany and the Swiss Confederation concerning the connection of the highways in the region of Basel and Weil am Rhein, you've given me , on behalf of the federal Council Swiss, what follows: "on the occasion of the signature of today to the agreement between the Swiss Confederation and the Federal Republic of Germany concerning the connection of the motorways in the region of Basel and Weil am Rhein, I have the honour to communicate to you the following: the same rights, powers and obligations, as they are set by the agreement on the connection of highways in the region of Basel and Weil am Rhein. , shall be provided in the future on a reciprocal basis for other connections to highways crossing the border if it is necessary and technically possible given the particular local circumstances, regardless of the fact that offices juxtaposed national controls are installed on Swiss or German territory. In the current state of planning, come into consideration projected highways of Constance-Singen-Winterthur, Lörrach-Rheinfelden and Singen-(Schaffhausen) - Zurich. Timely, in a spirit of good neighbourliness and to joint planning of transport, the Governments of the Contracting States will take steps to determine the rights, powers and obligations.
I would appreciate that you confirm your agreement to the foregoing; in this case, this letter, which received the approval of the Swiss federal Council and your answer will be part of the agreement."

I have the honour to inform you, on behalf of the Government of the Federal Republic of Germany, that it is in agreement with the foregoing.
Your letter of this day and this response will be part of the agreement.
Please believe, Sir, the assurance of my highest consideration.

Ulrich Lebsanft 1980 985 RO; FF 1979 II 313 the original text is published under the same number, in the German edition of this compendium.
Art. 1, al. 1, let. b of the AF of 14 Dec. 1979 (1980 970 RO).

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