1) The Swiss National Road N 1a and the French motorway A 40 are connected near Bardonnex (Geneva) and Saint-Julien-en-Genevois (HauteSavoie) by the north section of the French motorway A 401.

(2) The following shall be constructed:

A.

On Swiss and French territories, a motorway bridge hereinafter referred to as "the main structure" of a length of approximately 377 m, comprising two carriageways of three lanes each. He crossed the depression, currently on Swiss territory, as well as the lines of railway SNCF, the French national road 206 and the municipal road n ° 7 of Lathoy in Saint-Julienen-Genevois, on French territory, to connect to Highway A 40;

B.

On Swiss and French territories, buildings, locations and facilities used to carry out border control formalities. These facilities are subject to separate agreements.

3) The first crossing of the border by the motorway from Switzerland is at point A defined by its coordinates in the Swiss systems: X _CH = 111,664,532; Y _CH = 496 237,043; H _CH = 459,960 and French: X _F = 890 283.99, Y _F = 134 527.83; H _F = 460,008. In point A, the layout of the plane axis of the motorway is an arc of circle whose centre M has the following coordinates: X _CH = 111,595,238; Y _CH = 497 034,037 in the Swiss system and X _F = 891 083.69; Y _F = 134 510.47 in the French system. In this same point A, the long profile has a ramp of about 1.5 percent in the direction of France.

(4) The overall plan giving an overview of the planned connection shall be annexed to this Agreement ¹ .

(5) The exchange of territory to locate the main work in full on French territory shall be governed by a separate Agreement.

(1) The Government of the French Republic is responsible for the construction of the main structure according to French regulations and requirements applicable to the carrying out of public works of this nature. He is responsible to the Swiss Federal Council for the responsibility of the contractor. It deals in particular with studies, tendering, tendering, construction, monitoring and reception of works.

(2) Swiss designers and contractors shall have the right to tender for all work. The list of candidates for tenders, the refusal of non-compliant tenders and the choice of the holders of the contracts shall be adopted in accordance with the Commission referred to in Article 11.

(3) The timetable for the implementation of the main work shall be agreed upon between the Contracting Parties, taking into account their national motorway programmes.

(1) The French Party shall be responsible for the operation and maintenance of the main work, including cleaning and winter service, major repairs and possible reconstruction.

(2) This obligation shall take effect as from the date of receipt of the main work, even if it is earlier than the exchange of territory referred to in paragraph 5 of Article 1.

(1) The costs of acquiring the land and the rights necessary for the construction of the main structure shall be borne by the Contracting Parties for the sections situated in their respective territories before rectification of the border. The land situated on the Swiss territory necessary for the construction of the work and the installations of the work site shall be free of charge, free of any occupation, charge or servitude, at the disposal of the French Party. The base of the work, enlarged on the two longitudinal sides by a strip of land of 6 meters wide, is ceded free of charge in all property, free of charge and servitude, to the French Party, in the exchange of territories.

(2) The overall cost of carrying out the main work shall be 63 per cent for the Swiss Party and 37 per cent for the French Party. It includes:

A.

Construction costs that are estimated on the basis of the bids of the selected companies and that are equivalent to the total amount of the bids, including all taxes, plus 15 per cent for contingencies and contingencies. The amounts of the tenders taken into account shall be fixed in French francs and updated on the date of notification of the main contract for the construction of the work according to the formula in that market, that is, depending on the nature of the work, on the Basis for variations of the French "TP 02" or "TP 13" indexes with a fixed part of 17.5 percent;

B.

The costs of study and enforcement that constitute a flat rate of 10 per cent of the construction costs as calculated in paragraph (a) above. The participation of the Swiss Party shall be paid to the French Party in two instalments:

(3) Costs relating to operation and maintenance, including cleaning and winter service, major repairs and the possible reconstruction of the main structure shall be capitalised and distributed on a flat-rate basis according to the key mentioned in the Paragraph 2 above. The Contracting Parties agree to set a lump sum of 61 per cent of the total cost of carrying out the main work. The participation of the Swiss Party shall be paid within three months of the date of receipt of the work and shall be revised on the date of payment under the same conditions as the second payment referred to in paragraph 2 above.

(4) Each of the three payments referred to in paragraphs 2 and 3 above shall be the subject of a down payment calculated on the basis of the last known indexes on the fixed date of payment and a supplementary payment after publication of the indexes normally Applicable.

(5) Payments to the office of the Swiss Party shall be made in Swiss francs during the exchange of the day of payment.

Juxtaposed national control offices are established at the border according to conditions to be fixed under the Convention of 28 September 1960 ¹ Between Switzerland and France relating to the juxtaposed national inspection offices and the checks along the way.

(1) Each Contracting Party shall temporarily suspend import duties and taxes, materials, tools and spare parts thereof from the territory of the other Party, provided that they are Necessary for the construction or maintenance and operation of the works referred to in Article 1.

(2) The competent customs and tax administrations of each Party shall consult each other and shall provide all the assistance necessary for the implementation of this Agreement.

(1) Notwithstanding the provisions of Articles 5 and 7 of the Convention between the Swiss Confederation and the French Republic with a view to the avoidance of double taxation in respect of taxes on income and on capital of 9 September 1966 ¹ , as amended by the Protocol of 3 December 1969, the part of the construction site established by a resident contractor of one of the two States which is situated in the territory of the other is not considered to be a permanent establishment within the meaning of that Convention.

(2) The provisions of paragraph 1 shall also apply to professional tax.

(3) In addition, notwithstanding the provisions of Article 17 of the Convention referred to in paragraph 1, salaries paid to persons working on yards shall be taxable only in the State of which the beneficiary is a resident within the meaning of Article 1 of the Convention. The said Convention.

(4) The difficulties to which the application of paragraphs 1 and 3 of this article may give rise shall be resolved in the context of the Convention referred to in paragraph 1.

(5) If the said Convention is to be amended or replaced by a new Convention, the reference to that Convention shall be considered as referring to the amended Convention or the new Convention.

(1) The agents of the Contracting Parties and the other persons involved in the construction of the main work may, in order to carry out their tasks, cross the border at any time and stay on all parts of the work site. However, customs and police officers may only carry out their duties in the territory of the State on which they depend.

(2) Nationals of Contracting Parties shall carry an official piece of identification with a photograph. Nationals of third States must also be holders of residence permits or equivalent documents issued by the authorities (either of the Contracting Parties).

(3) The persons referred to in paragraph 1 shall also carry a service card or a certificate from the undertaking which employs them to prove that they participate in the work.

(4) The Contracting Parties shall, without formalities, resume at any time the persons who have entered the territory of the other State in breach of this Agreement.

(5) These provisions shall not preclude the application of individual decisions taken by either Party against persons who are prohibited from entering or residing.

Each Contracting Party shall permit the installation on construction sites of telecommunications equipment connected to the network and shall publish the other Party.

In the event that the exchange of territory provided for in Article 1 (5) did not take place during the commissioning of the main work, the following provisions shall apply:

1.

The part of the main work located in Swiss territory will remain an integral part of it until the exchange of territories.

2.

However, the French laws and regulations relating to road traffic, including civil liability, entry, exit and transit of persons, goods and capital, are applicable to persons, vehicles, luggage, Goods and capital on the part of the main work referred to in paragraph 1 above. French officials and officials apply the above-mentioned laws and regulations. They may declare all offences and act on them as provided for in these laws and regulations.

3.

For the purposes of applying the provisions of paragraph 2, the part of the main work located in the territory of suissse is attached to the commune of Saint-Julien-en-Genevois.

4.

For the purpose of prosecution and enforcement, the competent French courts are those who would have been aware of offences if they had been committed on the territory of the commune of Saint-Julien- en-Genevois. However, as regards the facts considered to be offences both under Swiss criminal law and French criminal law, the jurisdiction of the Swiss courts is expressly reserved.

5.

The provisions of this Article shall apply provisionally. They may be revoked at any time by the Swiss Federal Council, subject to three months' notice.

(1) The Contracting Parties shall constitute a Joint Commission whose mission is to:

A.

To discuss any matter arising from the application of this Agreement and its modalities of application;

B.

To make recommendations to the two Governments, in particular with regard to possible amendments to this Agreement,

C.

Recommend to the competent authorities any appropriate measures in order to remedy the difficulties arising in the implementation of this Agreement,

D.

To decide, pursuant to Article 2 (2), on the list of candidates for tenders, the refusal of non-compliant tenders and the choice of the holders of the contracts.

(2) The Commission shall be 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 its delegation to chair it. Each Chair of Delegation may, by request addressed to the Chairman of the other Delegation, convene the Commission, which shall meet 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 Party.

(2) The Tribunal arbrital is composed, in each case, of three arbitrators. Each Contracting Party shall appoint an arbitrator and the two arbitrators so appointed shall designate by common accord the national of a third State as the third-party-presiding arbitrator. The arbitrators shall be appointed within two months, the President within a period of three months, after a Contracting Party has communicated to the other that it intends to submit the different to a arbitral tribunal.

(3) If the time limits referred to in paragraph 2 are not complied with and in the absence of any other arrangement, each Contracting Party may invite the President of the European Court of Human Rights to make the required designations. If the President has Swiss nationality or French nationality, or is prevented for another reason, the VicePresident must proceed with the designation. If the Vice-President also has Swiss or French nationality, or is also prevented from doing so, the following member in the hierarchy of the Court with neither Swiss nationality nor French nationality shall proceed to the designation.

(4) The arbitral tribunal shall decide in accordance with the rules of international law and in particular of this Agreement. He himself rules his procedure.

(5) The decisions of the arbitral tribunal, both procedural and substantive, shall be taken by a majority of the votes of its members. The absence or forbearance of one of the members of the court appointed by the Contracting Parties shall not prevent the court from ruling.

(6) Court decisions shall be binding. Each Party shall bear the costs of the arbitrator appointed by the Party and the costs of its representation in the proceedings before the court. The costs of the presiding arbitrator and the other costs shall be borne equally by the Contracting Parties.

(7) If the arbitral tribunal so requests, the courts of the Contracting Parties 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 Parties Contracting on mutual legal assistance in civil and commercial matters.

This Agreement shall be concluded for an indefinite period.

(1) This Agreement shall be approved; the instruments of approval shall be exchanged as soon as possible in Berne.

(2) This Agreement shall enter into force on the first day of the second month following the exchange of the instruments of approval.

Done at Paris, on September 27, 1984, in two copies in French.