Rs 0.725.141 September 27, 1984 Between The Federal Council Swiss Agreement And The Government Of The French Republic Relating To The Connection Of The Highways Between Bardonnex (Geneva) And Miami (Haute-Savoie) (With Annex)

Original Language Title: RS 0.725.141 Accord du 27 septembre 1984 entre la Conseil fédéral suisse et le Gouvernement de la République française relatif au raccordement des autoroutes entre Bardonnex (Genève) et Saint-Julien-en-Genevois (Haute-Savoie) (avec annexe)

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0.725.141 original Swiss agreement between the federal Council and the Government of the French Republic relating to the connection of the highways between Bardonnex (Geneva) and Miami (Haute-Savoie) concluded on 27 September 1984, approved by the Federal Assembly on October 4, 1985, Instruments of ratification exchanged 5/21 February 1986, entered into force on April 1, 1986, the Swiss federal Council and the Government of the Republic French eager to improve the motorway links between the Switzerland and the France, have agreed to conclude the following agreement: art. Object of the agreement 1) the Swiss National Road N 1 1a and French autoroute A 40 are connected near Bardonnex (Geneva) and Miami (HauteSavoie) by the northern section of the French A 401.
(2) are built for this purpose: a. on territories Swiss and french, a highway bridge hereinafter referred to as "the principal work" with a length of 377 m, including two carriageways of three lanes each. It crosses the depression, currently on Swiss territory, as well as railroad railroad SNCF, the French national road 206 and the municipal road No. 7 of Lathoy to Saint-Julienen-Genevois, in french, to connect to Highway territory has 40; b. on territories Swiss and french, buildings, locations and facilities for the border control formalities. These facilities are the subject of separate agreements.

(3) the first crossing of the border by motorway from Switzerland at the point defined by coordinates in Swiss systems: XCH = 111 664,532; YCH = 496 237,043; HCH = 459,960 and french: XF = 890 283,99, YF = 134 527,83; HF = 460,008. At point A, the plan layout of the axis of the highway is an arc whose Center M has the following coordinates: XCH = 111 595,238; YCH = 497 034,037 in the Swiss system and XF = 891 083,69; YF = 134 510,47 in the french system. In this same point A, long has a ramp of about 1.5 per cent in the direction of the France.
(4) the comprehensive plan giving an overview of the planned connection is attached to this agreement.
(5) the exchange of territory in order to locate the main work in full on the french territory is regulated by a separate agreement.

The plan, published in the RO (RO 1986 459), is not reproduced in this collection.

Art. 2 construction of the main structure 1) the Government of the French Republic is in charge of the construction of the main work according to regulations and French requirements for the construction of public works of this nature. He assumes, to the Swiss federal Council, the responsibility of the owner. He is responsible in particular, studies, the call of offers, award, construction, supervision and acceptance of the works.
(2) the designers and Swiss entrepreneurs have the right to bid for all the work. The list of candidates to tender offers, the refusal of the noncompliant offers and the choice of holders of markets are arrested in agreement with the Commission referred to in article 11.
(3) the schedule of the main work is stopped a mutual agreement between the Contracting Parties, taking into account their national highway.

Art. 3 operation and maintenance of the main book 1) the French side takes over exploitation and maintenance of the main work, including cleaning and winter service, major repairs and reconstruction possible.
(2) this obligation takes effect from the date of receipt of the main work, even if it is earlier than the exchange of territories referred to in paragraph 5 of article 1.

Art. 4 financing of the main work 1) the acquisition cost of the land and the rights necessary to the construction of the main work are supported by the Contracting Parties for the sections on their respective territory before rectification of border. On Swiss territory lands required for the construction work and construction facilities are free of charge, free of any occupation, burden or servitude, at the disposal of the French side. Book base, expanded on both longitudinal sides by a strip of land about 6 metres wide, is sold for free in any property, free of charge and servitude, to the French side, during the exchange of territories.
(2) the total cost of production of the main work is distributed at a rate of 63 percent for the Swiss game and 37 percent for the French side. It includes: a. construction costs which are estimated on the basis of the submissions of the selected companies and that equals the total amount of such submissions, including all taxes, increased by 15% for risks and contingencies. Bids taken into account amounts are fixed in francs french and updated to the date of notification of the main market of construction work according to the formula in this market, that is, depending on the nature of the work, on the basis of changes in the french index 'TP 02' or 'TP 13' with a 17.5 percent fixed part; b. the costs of study and execution control overall representing 10 percent of the construction costs as they are calculated in paragraph a above. The participation of the Swiss part is paid to the French side in two instalments:-the first, equal to half of the total cost of production of the main work rated as shown above, is paid within three months following the notification of the main market;

-the second is paid one year after the date of notification of the main market, subject to the normal progress of the work. It is equal to half of the overall cost revised payment date by application of the above-mentioned revision of prices of the main market formula.

(3) costs related to operation and maintenance, including cleaning and winter service, major repairs and possible reconstruction of the main work are capitalized and distributed at a flat rate depending on the key mentioned in paragraph 2 above. The Contracting Parties agree to set overall capital corresponding to 61 percent of the total cost of production of the main work. The participation of the Swiss part is paid within three months of the date of receipt of the work, it is revised to the date of payment in the same conditions as the second payment referred to in paragraph 2 above.
(4) each of the three instalments referred to in paragraphs 2 and 3 above is subject to a down payment calculated on the basis of the last index known to date of payment set and a supplementary payment after publication of the normally applicable index.
(5) payments to the Swiss party in Swiss francs at the exchange rate of the day of payment.

Art. 5 juxtaposed controls of border offices to national controls are created at the border according to conditions set under the agreement of September 28, 1960, between the Switzerland and the France relative to offices juxtaposed national controls and the controls along the way.

SR 0.631.252.934.95 art. 6 indirect taxes 1) each Contracting Party admits temporarily suspension of duties and taxes applicable to the import, materials, tools and their spare parts from the territory of the other party, insofar as they are necessary for the construction or maintenance work and the operation of the works referred to in article 1.
(2) the tax and customs administrations competent each party get together and lend themselves all necessary assistance for the application of this agreement.

Art. 7 direct taxes 1) by derogation from the provisions of articles 5 and 7 of the Convention between the French Republic and the Swiss Confederation in order to avoid double taxation in terms of taxes on income and fortune of September 9, 1966, changed by the amendment of December 3, 1969, the part of the construction site established by a contractor resident of one of the two States which is located on the territory of the other is not considered as a permanent establishment within the meaning of that Convention.
(2) the provisions of paragraph 1 apply also to the business tax.
(3) in addition, notwithstanding the provisions of article 17 of the Convention referred to in paragraph 1, the wages paid to people working on construction sites are taxable in the State of which the recipient is a resident within the meaning of article 1 of the Convention.
(4) the difficulties to which the application of paragraphs 1 and 3 of this article could give rise are resolved under the Convention referred to in paragraph 1.
(5) where the said Convention would come to be changed or replaced by a new Convention, the reference to the Convention is considered as relating to the amended Convention or the new Convention.

SR 0.672.934.91 art. 8 access to the construction site


(1) the agents of the Contracting Parties and others involved in the construction of the main work can, for the accomplishment of their tasks, cross the border at any time and stay on all parts of the site. However, officers of the Customs and police services can perform their duties on the territory of the State which they depend.
(2) the nationals of the Contracting Parties must be carriers of an official identification with a photograph. Nationals of third States must be further carriers authorization of stay or an equivalent document issued by the authorities (the one or other of the Parties contracting. 3) the persons referred to in paragraph 1 must also be bearers of a map service or a certificate from the company employing them proving that they participate in the work.
(4) the Contracting Parties take charge, without formalities, at any time, people who have entered the territory of the other State in violation of this agreement.
(5) these provisions do not obstacle to the application of individual decisions made by one or other of the Parties against individuals prohibited entry or stay.

Art. 9 Telecom each Contracting Party allows installation on construction sites, telecommunications equipment connected to the network publishes the other party.

Art. 10 provisions specific to the case where the exchange of territories provided for in article 1, paragraph 5, would not have intervened during the start-up of the main work, the following provisions shall apply: 1. the part of the main work in Swiss territory will remain an integral part until the exchange of territoires.2. However, the laws and regulations relating to road traffic, including liability, at the entrance, french to the exit and transit of persons, goods and capital, are applicable to people, vehicles, baggage, goods and capital on the part of the main book referred to in paragraph 1 above. Officials and french agents apply the laws and regulations mentioned above. They can see all offences and the follow-up provided by these laws and reglements.3. For the application of the provisions of paragraph 2, the part of the main work located in territory suissse is attached to the town of Saint-Julien-en-Genevois.4. For the exercise of prosecution and punishment, the competent French courts are those that would have had to know offences if they had been committed on the territory of the commune of Saint-Julien-Genevois. However, regarding the facts considered as offences both by the Swiss criminal law than under the french criminal law, the jurisdiction of the Swiss courts is expressly reservee.5. The provisions of this article apply on a provisional basis. They can be revoked at any time by the Swiss federal Council, with a notice period of three months.

Art. 11 commission joint 1) the Contracting Parties constitute a joint Commission which mission is to: a. to debate any issue resulting from the application of this agreement and its implementing; (b) to make recommendations to the attention of the two Governments, including with regard to any changes in this agreement, c. to recommend to the competent authorities all adequate measures to compensate for difficulties arising on the occasion of the implementation of this agreement d. to decide, pursuant to article 2, paragraph 2, on the list of candidates to tender, the refusal of the noncompliant offers and the choice of holders of the markets.

(2) the Commission is composed of five Swiss members and five french members, who may be accompanied by experts. The Government of each Contracting Party shall designate a member of his delegation to preside over. Each president of delegation may, by petition to the president of the delegation convened the Commission scheduled to meet at the latest within a period of one month after receipt of the request.

Art. 12 arbitration 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 Party.
(2) the arbrital Court is composed, in each case, of three arbitrators. Each Contracting Party shall appoint one arbitrator and the two arbitrators so appointed designate by agreement the national of a third State as third umpire Chair. The arbitrators are appointed within a period of two months, president within a period of three months, after which a Contracting Party has communicated to another that it intended to submit the different to an arbitral tribunal.
(3) if the time limits referred to in paragraph 2 are not respected and if no other arrangement, each Contracting Party may invite the president of the European Court of human rights to make the necessary appointments. If the president has the Swiss or the French nationality, or is prevented for some other reason, the Vice President must proceed with the designation. If the vice-president also has Swiss or French nationality, or is also prevented, the next member in the hierarchy of the Court who have neither the Swiss nor French nationality shall make the appointment.
(4) the arbitral tribunal decides according to the rules of international law and in particular of this agreement. It decides upon its procedure.
(5) the decisions of the arbitral tribunal, both on procedure and on substance, are taken by a majority of the votes of its members. The absence or abstention of one of the members of the tribunal appointed by the Contracting Parties does not prevent the Court to rule.
(6) the decisions of the tribunal are legally binding. Each party bears the costs of the arbitrator it has appointed and costs caused by its representation in the proceedings before the tribunal. The third umpire charges President and other expenses are borne equally by the Contracting Parties.
(7) if requested by the arbitral tribunal, the courts of the Contracting Parties give mutual assistance necessary for citations and hearings of witnesses and experts, in accordance with the agreements in force between the two Contracting Parties on mutual legal assistance in civil and commercial matters.

Art. 13 term of agreement this agreement is concluded for an indefinite period.

Art. 14 approval, entry into force 1) this agreement will be approved; the instruments of approval will be exchanged as soon as possible in Bern.
(2) this Agreement shall enter into force the first day of the second month after the exchange of the instruments of approval.
Done at Paris, on September 27, 1984, in two copies in the French language.

For the for the Government Swiss federal Council: of the French Republic: f. Ziegler G. M. Chenu RO 1986 452; FF 1985 I 937 RO 1986 State 451 11. July 2006

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