(1) The German motorway from Fribourg-en-Brisgau and the Swiss national road 2 are connected near Weil am Rhein (Friedlingen) and Basel (Petit-Huningue), to the west of the railway installations of the German Federal Railways.

The following are constructed:

(a)

On the Swiss and German territories: a motorway bridge crossing the border between the two contracting states;

(b)

On German territory: the buildings, locations and facilities used to carry out customs formalities (control offices);

(c)

On German territory: facilities for the supply of persons and vehicles travelling to Switzerland (dependencies);

(d)

On German territory: a road (service route) linking Switzerland to the dependencies and the offices of Swiss import controls, including the customs canteen.

(2) An overall plan providing an overview of the planned facilities shall be attached to this Agreement ¹ .

(1) Switzerland builds the border bridge, including the retaining walls and the underground passage. The planning, tendering, tendering, carrying out of the works and their supervision are carried out by the canton of Basel-Ville, in accordance with the "Land" of Baden-Württemberg. The Swiss technical standards apply to construction.

(2) The Federal Republic of Germany shall build the outbuildings and the service road. The plans and construction of the outbuildings and the service road will be carried out in conjunction with the Township of Basel-Ville.

(3) The costs of acquiring the land and the rights, as well as construction costs, shall be borne by:

(a)

Switzerland and the Federal Republic of Germany for the part of the border bridge on their territory;

(b)

Switzerland for the service road, the underground passage and the retaining walls, the retaining walls as they are required by the service road;

(c)

The canton of Basel-City for the dependencies.

(4) The competent administrations of the Contracting States shall settle all matters of detail.

(1) The maintenance of the boundary bridge, including the cleaning and the winter service, the renovation and the modifications, with the exception of the underground passage, shall be borne by each Contracting State for the part situated on its own territory. The amendments shall be planned and executed in accordance with the competent administrations of the Contracting States.

(2) The maintenance of the outbuildings, the service road and the underground passage, including the cleaning and winter service, as well as their renovation and alteration shall be provided by the Federal Republic of Germany in conjunction with the canton of Basel-City. Switzerland bears the costs. In the outbuildings, the cleaning work, as well as the repairs and minor modifications to the interior design, can be carried out by the canton of Basel-Ville, together with the Federal Republic of Germany. The competent administrations of the Contracting States shall deal with matters of detail.

(1) The competent authorities of the Contracting States may make arrangements for the maintenance, renovation and alteration of buildings and fixed installations. The sections of motorway between the border and the German junction at the Weil am Rhein motorway or the Swiss junction of the Wiese, as well as the junction points themselves, may be included in the arrangements for the Cleaning and winter service.

(2) The requirements of the State of residence on administrative liability and liability in the event of an infringement of the duty to ensure the safety of traffic are not changed. Third parties can claim only to the competent authority of the State of residence. The benefits paid by the Commission to third parties will be returned to it by the authorised administration.

(1) juxtaposed national inspection offices shall be established for customs formalities in accordance with the Convention of 1 ^Er June 1961 ¹ Between the Contracting States relating to the establishment of juxtaposed national inspection offices and the checks in vehicles on the road. This Convention, as well as the arrangements relating thereto between the competent authorities of the Contracting States, shall not be affected by this Agreement.

(2) Art. 9 and 11 shall apply mutatis mutandis to deliveries to the canteen managed and operated within the Swiss customs facilities and to the imposition of turnover; the goods cannot be surrendered To agents of the control offices of the Contracting States.

(1) The canton of Basel-City is authorized to exploit the dependencies. It can lease them.

(2) Dependencies include road restaurants with kiosks, information and exchange offices, gas stations, roads, roads, park places and related facilities.

(a)

Meals and beverages as well as travel items, especially sweets, tobacco, newspapers and postcards can be sold in restaurants with kiosks.

(b)

Common fuels and lubricants as well as standard motor vehicle products can be sold at gas stations. In addition, facilities for the help desk may be used.

(c)

Common transactions relating to cross-border traffic may be carried out in the bureaux de change.

(d)

Information offices can, in addition to providing information, reserve hotel rooms and offer the usual services in tourist traffic.

(3) Persons domiciled in Switzerland who manage shops in the outbuildings, as well as their staff, may freely cross the border with the amounts necessary for the management of these businesses or with those they have cashed in them.

(1) Dependencies may be connected to the Swiss public telephone and telex network.

(2) Public telephone booths, connected to the Swiss telephone network, may be placed in Swiss outbuildings and inspection offices.

(3) Swiss postage stamps can be sold in the dependencies and Swiss mailboxes installed in them.

(4) The competent administrations of the Contracting States shall, by mutual agreement, authorize the crossing of the border to the telecommunications facilities serving the sites, including connections to the official telephone network of the other Contracting State.

(5) The development of cross-border telecommunications facilities on the motorway shall be permitted between the motorway support points served by the two Contracting States and located close to the control offices. The commutation of such cross-border links on the official telecommunications network or the rest of the motorway telecommunications network of the other Contracting State shall, however, be prevented, unless an exception regulation is Established.

(6) Customs, police, relief and road maintenance services shall be entitled to have access to cross-border telecommunications facilities. The second sentence of para. 5 shall apply mutatis mutandis.

(7) The competent authorities of the Contracting States shall deal with matters of detail.

(1) Goods (p. Ex. Construction materials, operating equipment, machinery, apparatus, tools, vehicles) shall be exempt from customs duties and any other duties and taxes levied at the time of importation into Switzerland, provided that they are used in the Construction of the border bridge, from the border to kilometre 1, 150 of the highway, or to the safety of traffic on the highway. This scheme applies only to goods that remain there or are used there only if they come from the free internal market of the Federal Republic of Germany.

(2) Goods (p. Ex. Construction materials, operating equipment, machinery, apparatus, tools, vehicles, materials for the installation of customs or security fences and for the plantings of the roadsides) shall be exempt from customs duties and Any other duties and taxes levied on importation into the Federal Republic of Germany. These exemptions are subject to the condition that the said goods are used for the construction of the boundary bridge, that of the highway between the border and kilometre 813,225 and kilometre 813,225 at kilometre 811,680, and that of the Service road or traffic safety on these roads. This scheme does not apply to goods that remain there or are used only if they come from Switzerland. The exemption from charges shall be granted on the same conditions for the goods used in the construction of the national control offices juxtaposed to the Contracting States and to that of the dependencies.

(3) Relief from rights under paras. 1 and 2 applies to imports made since 14 December 1973 (entry into force of the exchange of notes between the Contracting States on the time limit for payment of entry fees).

(4) Goods for the maintenance, renovation, alteration or operation of the facilities designated in par. 1 and 2 are exempt from customs duties and other charges and taxes levied on the importation of goods, subject to the conditions set out in those paragraphs.

(5) The importation, by the official construction authorities, of goods designated in para. 1, 2 and 4 is not exempt from sales tax.

(6) Guarantees are not required. However, they reserved the necessary control and security measures.

(7) Duty-free goods under subs. 1, 2 and 4 are released from import and export restrictions and prohibitions.

(1) Goods originating in the free market of Switzerland and introduced by the service road in the outbuildings shall be processed, from customs perspectives, from tax on turnover, from taxation to consumption and from the right of monopoly On the one hand, and, on the other hand, with regard to the system of import, export and transit, in accordance with the conditions laid down in the sixth subparagraph, as if they had not crossed the common border.

(2) Goods originating in the Federal Republic of Germany and introduced directly into the dependencies shall be processed from customs, consumption tax and monopoly rights on the one hand, and on the other hand in respect of Relating to the import, export and transit procedure, according to the conditions laid down in 6 ^E Paragraph, as if they had been introduced across the common border. Switzerland levies import duties on these goods according to Swiss law. ¹

(3) The turnover of the outbuildings is subject only to Swiss tax on turnover. The same applies to deliveries and other benefits provided to operators in the dependencies. Excluded are the construction, maintenance, renovation or modification of fixed facilities and equipment.

(4) The operators of the outbuildings and their staff have to the Swiss authorities, as regards the Swiss turnover tax, the same rights and duties that they would have if the dependencies were on the customs territory Switzerland. On the other hand, operators may, in accordance with German tax law, deduct in respect of prior tax from the competent German office (Finanzamt) the amounts of tax on turnover which have been debited separately. The German tax authorities are entitled to check with the dependencies if the advance tax has been correctly deducted.

(5) Switzerland shall transfer annually to the Federal Republic of Germany, under a deduction of 5 per cent as administrative costs, half of the proceeds of the Swiss tax on turnover derived from:

(a)

The taxation of the business figures referred to in para. 3, 1 ^Re And 2 ^E Sentence as well as art. 5, para. 2, and

(b)

As the business figures referred to in (a) are not imposed: the taxation of the goods purchased or introduced for the purpose of carrying out those business figures and the services provided. For the calculation of the tax product according to the let. (b) operators are required to provide the necessary information to the Federal Contributions Administration. The Federal Ministry of Finance and the Federal Contributions Administration jointly agree on the calculation of the part of the proceeds of the tax which is returned annually to the Federal Republic of Germany.

(6) Goods introduced into the outbuildings in accordance with paras. 1 and 2 may be given only to persons travelling to Switzerland, who are destined for their personal use or for their own consumption, household or gift, and in respect of fuels and lubricants for Motor vehicles, only the expected quantity for their own vehicle.

(7) The dependency area is also subject to Swiss customs and tax surveillance. By analogy, in this case, the provisions of Parts II and III of the Convention ^Er June 1961 ² Between the Contracting States relating to the establishment of juxtaposed national inspection offices and the checks in vehicles on the road, with the exception of Art. 6, 8, 9, 14 and 15.

(8) The management of the Basel Customs District and the "Oberfinanzdirektion Freiburg" will agree on the necessary monitoring and security measures to prevent infringements of the requirements of the Contracting States In the field of customs, tax on consumption and the law of monopolies, as well as on imports, exports and transit.

Not affected by this Agreement:

(a)

The Convention of 11 August 1971 ¹ Between the Swiss Confederation and the Federal Republic of Germany in order to avoid double taxation in relation to taxes on income and on capital, as well as

(b)

Convention of 15 July 1931 ² Between the Swiss Confederation and the German Reich in order to avoid double taxation in respect of direct taxes and taxes on succession, in the content of the Additional Protocol of 20 March 1959 ³

Or the regulations that replace them.

(1) Goods allowed under Art. 6 may be introduced into the outbuildings as they satisfy the Swiss requirements. They may be put into circulation under the conditions of para. 2, 1 ^Re Sentence.

(2) The German requirements do not apply to goods mentioned in 1 ^Er Paragraph where they do not comply with the requirements of Swiss law as to the nature, packaging, trade mark or description of the goods or the indications of price. If German control offices doubt the admissibility of such goods, they appeal to the competent Swiss offices to clarify this matter; German supervisory offices may take the necessary provisional measures Emergency.

(3) Only the Swiss authorities are competent to prosecute and punish the introduction of Switzerland in the dependencies of goods not in accordance with Swiss requirements.

(4) If the decisions of German authorities and courts are taken to the detriment of persons living in Switzerland who have infringed, in the dependencies, the requirements applicable under para. 2 to the introduction of the goods mentioned therein, these persons will be prosecuted in Switzerland, at the request of the German authorities, where:

(a)

The decision is unassailable;

(b)

The act is punishable if it is committed in Switzerland; to determine whether the act is punishable and its author can be prosecuted under Swiss law, the actual findings on which the decision is based must be held;

(c)

Under Swiss law, the absolute limitation period for the prosecution would not have expired at the time of the decision;

(d)

The sanction should not be considered as prescribed if it had been taken at the same time by a Swiss authority.

(5) Requests for the execution of a judgment shall be addressed to the Criminal Court of the canton of Basel-Ville. If the conditions for enforcement are met, the court shall declare the decision enforceable, free of charge, and shall make the necessary arrangements for enforcement. The canton of Basel-Ville regulates the form of this decision and provides a legal means of redress.

(6) Amounts deducted in accordance with para. 5 shall be paid, after deduction of actual costs, to the German applicant Office.

(1) Persons responsible for the construction, maintenance, renovation and alteration of the motorway, the control offices, the service road and the dependencies, provided that they travel from the territory of one of the States Contracting Parties in the territory of the other to take their work shall be exempt from any authorization which is necessary in accordance with the law of those States.

(2) The Federal Republic of Germany shall authorise the Swiss citizens occupied in the dependencies and in the customs canteen to enter and stay in the area of the Swiss outbuildings and control offices; this also applies to the Foreign nationals of third countries who are in possession of a residence permit in Switzerland allowing them to practice their profession. A German residence permit is not required for the stay in the outbuildings and Swiss inspection offices.

(3) paras. 1 and 2 do not apply to workers who are contracted out.

(4) The personal prohibitions of entry are reserved.

(5) Nationals of Contracting States shall carry an official piece of identification with a photograph; third-country nationals shall also carry the residence permit or an appropriate document.

(6) The Contracting States shall, at all times and without further formalities, resume their duties in accordance with the agreements entered into between them, persons who, in breach of this Agreement, have entered the territory of the other State.

(1) Customs and police officers as well as employees in the administration of the roads of the Contracting States and emergency personnel shall be entitled, during the exercise of their duties on the motorway, to cross the border with Their service vehicles, including equipment, to return to the State of origin by way of the opposite direction. As far as this Agreement does not provide otherwise, s. 11 to 13 of the Convention of 1 ^Er June 1961 ¹ Between the Contracting States relating to the establishment of juxtaposed national inspection offices and the checks in vehicles on the road shall apply mutatis mutandis.

(2) Where, during the course of the journey in the territory of the other Contracting State, the police officers are witnesses to an accident or a situation endangers the traffic, they shall be entitled to make the finding of the facts and to take on-the-spot Any other emergency measures. The police of the State of residence must be informed without delay; persons may be held provisionally until the arrival of the latter.

(1) The service road is open only to the serving service. It can only be used by persons who, for professional reasons, travel to outbuildings or control offices.

(2) The professional transport of persons and goods may take place between the border and the dependencies or the Swiss inspection offices even where only the relevant requirements, applicable in Switzerland, allow it. This also applies to private industrial transport.

(3) No customs control shall be carried out for persons and goods which, by the service route, are reached in the outbuildings or in the Swiss control offices.

(4) The Swiss interest shall be duly taken into account when ordering traffic measures which affect the traffic set out in para. 1. If these repercussions are significant, the German authorities shall report in due course with the Department of Police of the canton of Basel-City, unless there is a danger in the home. In this case, the Department of Police of the canton of Basel-City must be informed without delay.

The agents of the Contracting States shall accord all possible mutual support in order to prevent unauthorised persons from leaving the motorway or the service road, or entering or otherwise being breached, in the area of the dependencies, Legal requirements of one of the Contracting States, in particular customs requirements, relating to tax on turnover or consumption, and on monopolies, as well as import requirements, to Export and transit. They assist in research on the disappearance of goods and means of transport, as well as in the finding of infringements of the legal requirements mentioned, help each other to safeguard the evidence and evidence, and Exchange the necessary information.

(1) The Contracting States shall constitute a joint German-Swiss commission for the following purposes:

(a)

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

(b)

Make recommendations to the two Governments, also with regard to possible amendments to this Agreement and the regulations;

(c)

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

(2) The Commission shall consist of five Swiss members and five German members who may be accompanied by experts. The Government of each Contracting State shall designate a member of its delegation to chair it. Each Chair of Delegation may, by request to the Chairman of the other Delegation, convene the Committee at a meeting which, at its request, shall take place no later than one month after receipt of the request.

(1) If it cannot be otherwise settled, any dispute relating to the interpretation or application of this Agreement shall be referred to arbitration at the request of a Contracting State.

(2) The arbitral tribunal shall be composed of cases in case, each Contracting State appointing a member and the two members designating by common accord the national of a third State as President who shall be appointed by the Governments of the Contracting States. The members shall be appointed within two months, the President within three months, after a Contracting State has communicated to the other that it intends to submit the dispute to a arbitral tribunal.

(3) If the time limits set out in para. 2 are not complied with and in the absence of any other arrangement, each Contracting State may invite the President of the European Court of Human Rights to make the required designations. If the President has Swiss nationality or German nationality, or is prevented for another reason, the Vice-President shall proceed with the designation. If the Vice-President also has Swiss or German nationality, or is also prevented from doing so, the member immediately below the hierarchy of the Court with neither Swiss nationality nor German nationality shall Designation.

(4) The arbitral tribunal shall take its decisions by a majority of the votes on the basis of the treaties between the Contracting States and public international law. Its decisions are binding. Each Contracting State shall bear the costs of the arbitrator designated by it and the costs incurred by its representation in the proceedings before the arbitral tribunal. The costs of the third-party arbitrator and the other costs shall also be borne equally by the Contracting States. In addition, the arbitral tribunal itself setters its proceedings.

(5) If the arbitral tribunal so requests, the courts of the Contracting States shall grant it the mutual legal assistance necessary to carry out the quotations and hearings of witnesses and experts, in accordance with the agreements in force between the two States Mutual legal assistance in civil and commercial matters.

(1) This Agreement is concluded for an indefinite period. It may be denounced or amended only by mutual agreement between the Contracting States.

(2) If significant difficulties arise in the application of this Agreement or in the event of a significant change in the circumstances at the time of its conclusion, the Contracting States shall, at the request of one of them, negotiate a New regulations.

This Agreement shall also be valid for the "Land" of Berlin if the Government of the Federal Republic of Germany does not submit to the Swiss Federal Council a contrary statement within three months of the entry into force of the Agreement.

(1) This Agreement shall be ratified; the instruments of ratification shall be exchanged as soon as possible in Bonn.

(2) This Agreement shall enter into force on the day on which the instruments of ratification are exchanged.

Done at Berne, June 9, 1978 in two originals in the German language.