0.748.131.934.92 original text Franco-Swiss Convention on the construction and operation of the Basel-Mulhouse Airport, Blotzheim agreed on July 4, 1949, approved by the Federal Assembly on December 21, 1949, Instruments of ratification exchanged on November 25, 1950 entry into force November 25, 1950 s. 1 development of an institution public Franco-Swiss 1. The Swiss federal Council and the french government agreed to construct and operate a commercial airport best represented interests and in accordance with the principles and rules of this Convention and its annexes, which form with it an indivisible whole in common.
2. it will be established for the purpose a public institution which will take the name of the Basel-Mulhouse Airport.
The facility will be later in the text, referred to as the airport.
3. the airport is governed by the statutes and the specifications accompanying loads and under French law insofar as it is not waived by the Convention and its annexes.
4. the Council of State of Canton Basel-City will be substituted for the Swiss federal Council, according to detailed technical and financial to stop those two authorities, in any respect the obligations resulting from the construction and the operation of the airport.
S. 2 construction of the airport 1. The airport will be built on the territory of the communes of Blotzheim, Hesingue, Burgfelden and St. Louis.
2. the french government provides airport facilities which he has already made. It is committed to acquiring, file into the public domain and put at its disposal the necessary land at the airport, its facilities and the connection with the road and rail networks.
3. the Swiss federal Council is committed to taking its exclusive responsibility start-up expenses, as defined in the specifications and descriptive and estimated State attached.
These works and facilities will be carried out by the airport. It will pass, at the request of the Swiss federal Council, of contracts with staff and the Swiss entrepreneurs to a maximum of two-thirds of the total of the costs of the Swiss Confederation.
The amounts to be paid by the Swiss Confederation pursuant to the preceding paragraph may, with the exception of those which are stipulated payable in Swiss francs to staff and Swiss entrepreneurs, be paid in french francs, following a special agreement to intervene between the two Governments.
4. the french Government undertakes to declare emergency and public utility these works and installations.
5. the two Governments undertake: - to give all the necessary permissions to allow the connection of the airport to all networks of one or the other country relevant to its operation, such as road, rail, electrical and telephone networks; - to ensure at the airport of air emissions equivalent to those of any other aerodrome of the same importance. French and Swiss laws on aerial easements shall be respectively applicable on french and Swiss territories. Local agreements will intervene to ensure a good connection of the clearances in Swiss territory and french territory.
Each of the two Governments shall bear on its territory the costs of these easements.
6. in order to facilitate the exercise of the Customs and police controls, facilities and buildings will include three areas:-an area allocated for french services loads the control of travellers and goods coming from or destined for the France a sector assigned to the Swiss services responsible for the control of travellers and goods from or destined to the Switzerland; - a sector encompassing the slopes, assigned to General airport services and passenger and freight traffic.
S. 3 organisation of the airport 1. The airport is managed by a Board of Directors attended a Director, a commander from the airport and various assistants.
2. the statutes specify the powers of the Board of Directors, Director, the Commander of the airport and assistants.
S. 4 jurisdiction 1. The operation of current and future works and installations is entrusted to the airport, with the exception of the following services: a. General radio service (radiotelegraphy, radiotelephony and radar), teletypes and meteorology; b. the Directorate of air navigation and runway; c. the control of aviation activities; d. sanitary control; e. the Customs and police services.
2. the three first services shall be borne by the french government. The services mentioned under letters d and e will be provided by the french and Swiss Governments. To this end, the Swiss federal Council may delegate powers to the Council of State of Canton Basel-City.
3. for everything concerning their duties and discipline, officials, agent and employees of Swiss Administrations in the services mentioned under lett. d and e will be exclusively from the Swiss authorities.
They may bear their regulatory uniforms inside the airport, as well as between the airport and their homes.
S. 5 loads and operating profits 1. Each Government shall bear the costs of customs services, police and health.
2. the surplus income available after the application of art. 36 of the articles of Association will be paid to the two Governments proportional to traffic in passengers or goods of any category in origin or destination of the Switzerland or France, according to modalities to be determined by mutual agreement between the two Governments.
3. the possible deficit will be divided between the two Governments following the rule of the preceding paragraph.
S. 6 legislation applicable legislation and French regulations are only applicable within the confines of the airport, except Express derogations to this principle made by this Convention and its annexes.
S. 7 Customs Road 1. Airport will be connected directly to the Franco-Swiss border by a route assigned to its traffic. The airport and the road will be separated by a fence from the rest french customs territory. Subject to the provisions to be adopted eventually agreed to its use for general traffic, this road will be part of the area allocated for the Swiss services pursuant to arts. 2 and 8.
2. the control of police on this route will be provided jointly by the French and Swiss authorities.
3. There will be no control police or customs at the French-Swiss border on the road giving access to the airport. The two Governments reserve, however, to exercise control at any time if warranted by special circumstances.
S. 8 the Swiss control area in the airport 1. Pursuant to art. 2, it will be created within the confines of the airport a clearly demarcated area within which the Swiss authorities will have the right to control at all points of view, travellers and goods coming from or destined to the Switzerland.
2. for the exercise of this control, the Swiss authorities apply their national laws and regulations.
3. this control will be carried out before or after the french control depending on whether it is passenger and goods coming from or destined to the Switzerland.
4. the laws and regulations Swiss will be applied: the entry into Switzerland: - for travellers, from where begins the Contrôle suisse or moment travellers seek to avoid this control; - for the goods from the moment where they were reported to the Swiss customs or moment sought to avoid its action; out of Switzerland : - for travellers and goods, until the time is finished the Swiss control.
5. in respect of travellers and goods originating and destined for Switzerland, the customs authority French shall only exercise supervision between the Swiss and the aircraft. In this case, the effects and baggage of travellers and goods are possible no french right of import and export, nor subject to any French prohibition of entry or exit.
6. the Swiss customs authority will have the right to carry in Swiss territory seized or detained goods therein area for breach of laws and regulations Swiss.
7. the powers of the Swiss in the box provided police services to the by. 1 will be defined in a general agreement between the french and Swiss Governments concerning the respective rights of police services in France Swiss and french police services in Switzerland.
S. 9 transit visa of any nationality who transit through french territory without getting out of the confines of the airport and those who embark or disembark at the airport to destination or from the Switzerland will be exempted from any french visa.
S. 10 free of duty 1. Materials or equipment intended for works and installations will be exempt from all duties and taxes of importation in accordance with art. 5 of the specifications.
No obstacles will be put on import into France in Swiss area airport, or possible re-export of objects or materials necessary for the needs of the services, to repair or fuelling of aircraft, installation and supply of ancillary businesses.
Import or possible re-export will be free of all duties and taxes.
2. officials of the airport as well as the staff of the Swiss Administrations will benefit during their first settlement in France free of customs duties and other charges for furniture, effects and other used household objects. On the other hand, household supplies and beverages will be possible rights.
S. 11 police on the ground guarding the airport can be provided by french and Swiss guards. They will be placed under the direct authority of the Commander of the airport. Only sworn french officers will be qualified to verbalize.
S. 12 customs control area encompassing the slopes in the area encompassing the slopes, the Swiss authorities will be allowed to control the aircraft coming from Switzerland or making the goods and passengers they carry. In this case, they apply the Swiss customs regulations. When the application of French or Swiss customs regulations will require or the seizure of goods, the priority will be up to the Customs authorities of the exporting country.
S. 13 Franco-Swiss joint Customs Committee 1. A permanent commission Franco-Swiss shall be established upon the entry into force of this Convention. It will be composed of three french and three Swiss members. The president, who will be alternatively chosen from the french and Swiss members, will be appointed by the commission itself; there be no casting vote.
This Committee will be to: - to overcome difficulties that may result from the operation of the regime provided for by this Convention in the customs service, - to take the necessary measures to adapt the customs service to the needs of the traffic; - to develop notice and proposals concerning the customs service to both Governments.
2. cases where an agreement would not intervene in the Committee will be submitted without delay to the two Governments to be settled through the diplomatic channel or, if necessary, by the procedure laid down in art. 20 s. 14 regulation and air traffic 1. Aircraft operating in the circulation area of the airport and in particular on the manoeuvring area are subject to the French air traffic regulations.
2. as regards the conditions to be met by aircraft, it is agreed - that all Swiss or french aircraft will be subject to its national legislation; - that a third State aircraft will be subject to international regulations or, in his absence, to the French law.
S. 15 use of the airport by aircraft 1. All non-commercial civil aircraft will receive a general airport access authorization if they are admitted to circulation in France or Switzerland.
2. This authorization will apply, in addition, all civilian aircraft Swiss flights non-stop outside the Swiss territory.
3 aircraft civil Swiss assigned to international services, heard within the meaning of art. 6 of the Chicago Convention of 7 December 1944 and civil aircraft of third States affected to such services serving the Switzerland shall enjoy the right of transit necessary for access to the airport, subject to an authorisation that the Swiss federal Council will continue through diplomatic channels, for each service, with the french government. The demanded permission may be refused only for reasons of national security.
4. all other Swiss civil aircraft assigned to international transport other than those referred to in the previous paragraph will be allowed to use the airport as they provide the traffic with the airport allocated to Swiss services sector, as the sector is defined in art. 2. If they are used for the same purpose, civil aircraft of third countries will benefit, in silimaires conditions and subject to the Swiss in the matters of the same authorization rules provided that access to the airport is not denied them for reasons of national security.
5. the use of the airport by military aircraft will be allowed only for activities identical to those under the responsibility of the Commander of the airport and civil aviation.
RS 0.748.0 s. 16 commercial rights 1. Swiss civil aircraft shall enjoy on the airport of the same trade rights as at a Swiss airport.
2. as regards the civil aircraft from third States, from international traffic on the airport will be respectively granted rights by each of the two Governments to the traffic originating or destined for its own territory.
S. 17 dissolution of the institution public 1. The dissolution of the airport may be the result of a mutual agreement of the parties or of the denunciation of the Convention by one of them.
2. If the denunciation is made by one of the parties is not motivated by a serious breach of the other party to the obligations arising from this Convention, it shall be notified through diplomatic channels six months at least before the end of the year, to take effect on the date of such termination. Dissolution of airport will then be carried out according to the following rules: a. If the information emanates from the Swiss federal Council, all works and installations made on french territory in accordance with the statutes, the specification and description and estimated State attached become without compensation property of the french State. This one will have the faculty to resume all other facilities and installations, as well as the equipment and supplies belonging to the airport, subject to compensation fixed by way of expertise; for the elements of the assets subject to depreciation, this allowance will be calculated taking into account a normal amortization of these elements. The amount of the allowance will be paid at the airport, which the liquidation will be carried out under the conditions laid down in art. 36 of the statuts.b. If the denunciation is the french government, the french State shall enter into possession of works and installations referred to in letter a, burden for him for compensation in respect of the works and installations made at the exclusive expense of the Swiss Confederation or with a special participation of the Swiss Confederation. This allowance is payable in Swiss francs will be equal to baseline in SFR such structures and facilities, or the share of participation, minus a normal depreciation of these fixed, possibly by way of expertise unless it can be less than the rate of 2% per year since their commissioning.
The french State will be able, on the other hand, take over other structures and facilities, as well as the equipment and supplies belonging to the airport under the conditions indicated under letter a. 3. For the event of the application of the preceding provisions, it will be annexed annually to the State's forecast revenue and expenditure a State highlighting the amount corresponding to the various structures and facilities that may be questioned.
4. If the denunciation is motivated by a serious breach of the other party, the resumption of the works and installations will be made under the previous rules, assuming that for the initiative to denounce in summer by the offending party.
It will take effect within a period of three months from its notification through diplomatic channels.
S. 18 suspension of the Convention 1. In the event of war, State of siege or for reasons of national security, this Convention may be suspended by decision of the french government, by notice in writing to the Swiss federal Council.
2. the cost of maintenance of the airport will be, for the duration of the suspension, the responsibility of the french government.
S. 19 revision of the Statute and the specification revision of the Statute and the specification, caused by a decision of the Governing Council taken by a majority of members in exercise 3, may be carried out in agreement between the two Governments.
S. 20 arbitration clause any dispute concerning the interpretation or application of this Convention which cannot be settled by direct negotiations may be submitted, at the request of one of the two Governments, to the International Court of Justice.
S. 21 ratification and entry into force of the Convention this Convention shall be ratified and the instruments of ratification in shall be exchanged as soon as possible in Paris.
It will enter into force upon the exchange of instruments of ratification.
Done at Berne, on July 4, 1949, in duplicate.
Articles of incorporation art. 1 object of the public said public establishment of Basle-Mulhouse Airport has for objects construction and the operation of an airport, established on french territory, intended exclusively for civilian traffic, under the terms and conditions laid down in the Convention, to the statutes, to the specification loads and the State description and estimated attached and generally all industrial, commercial, real estate, securities and financial operations pertaining directly or indirectly in whole or in part, to either any of the objects of the public or any other object similar or related.
S. 2 seat of the public establishment chapter I the Board headquarters of the public establishment is located in France, the territory of the commune of Blotzheim.
Chapter I the governing body art. 3 composition of the Board of Directors 1. The Board of Directors of the public establishment consists of sixteen members, including:
-half of French nationality, appointed by order of the Minister of public works, transport and tourism, - half of Swiss nationality, appointed by decision of the head of the federal Department of posts and railways.
2. the members of the Board of Directors may receive tokens of presence, whose amount is counted in overhead costs from the airport. Compensation for representation expenses will be allocated to the President and the Vice President and, possibly, other members of the Council responsible for special assignments. The living and travel expenses of administrators called to serve on the Board will be reimbursed on States supported by all relevant supporting information.
3. the amount and the terms and conditions of these various benefits and allowances shall be fixed by decision of the Board of directors subject to the ratification of the relevant French and Swiss authorities, in accordance with art. 13. currently "Federal Department of transport, communications and energy", according to art. 1 of the ACF's April 23, 1980, concerning the adaptation of the provisions of the federal law to the new names of the departments and offices (unpublished).
S. 4 requirements for administrators can be members of the Board of Directors as French or Swiss nationality persons who enjoy their civil and political rights.
S. 5 conflict of interest members of the Board of Directors may not take or retain an interest directly or indirectly in a company, be it personal or in the form of civil or commercial company or in a subsidiary company, contracting with the airport, unless they are authorized by decision of the Governing Council, taken at the majority of the 3 and on the advice of financial controllers provided for in art. 23 s. 6 renewal, holidays, replacement 1. The members of the Board of Directors are appointed for a term of six years, subject to the right of the competent authority, in accordance with art. 3, replace half of the members every three years from the first appointment.
2 stop full right to part of the governing body members who have lost quality in which they have been designated or appointed. Members who, for three months, abstained to attend the summons without legitimate reason are declared resigning by the Board of Directors.
3. the holiday by death, resignation, expiry of the mandate and for any other reason are brought emergency by the President of the Council of Directors to the knowledge of the competent authorities French and Swiss.
4. the competent French authorities and Swiss cater for the time remaining on the duration of their mandates, to the replacement of members who have ceased to be part of the Board of Directors. The replacement is performed according to the rules laid down for the appointment, and according to the category of members to replace. Competent French and Swiss authorities shall notify the President the names of the new members.
S. 7 dissolution of the Board chapter II operation of Directors the Board of Directors can be dissolved due to management contrary to the public interest, by joint decision of the french and Swiss Governments, the report of the financial controller. It is in this case replaced on an interim basis by a delegation established by the same decision and to deal with current business. A new Board will be appointed in forms defined above within a period of three months or less.
Chapter II operation of the Board of Directors art. 8 President, Director, Secretary 1. The Commission selects:-among its members: its President his Vice President, - apart from the Council: Director - Assistant 2. The President and the Director are must be of different nationalities; It is similarly of the President and Vice President, Director and Deputy Director.
3. their appointment is subject to the approval of the competent French authorities and Swiss.
4. the functions of the President and the Vice President normally expire with the appointment. The same members may be appointed again to these functions if their mandate is renewed. The Council may at any time withdraw their functions. Revocations are involved in the same conditions as the appointments.
5. the Commission refers to its Secretary, which can be taken out.
S. 9 regulation, Board of management the Board of Directors establishes its rules of procedure. It is in her womb a Management Committee, joint composition Franco-Suisse, which includes the President and the Vice-president. The Council delegates part of its powers to the Committee, which should report periodically on its activities.
S. 10 meetings, Deliberations 1. The Governing Council meets, on the convening of its Chairman, at least eight times annually and more frequently if the interest of the airport and the needs of the service so require. In addition, President is obliged to convene it immediately if he is invited by half of the members at least.
2. the Commission may validly deliberate only when half of practising members both of the french group of the Swiss group were present at the meeting. However, if the quorum is not reached, the Board may be convened with the same agenda, at a new meeting, which must be separated from the first by an interval of three days at least. The deliberations will be valid, whatever the number of members present, provided that it is less than four, and that the two nationalities are represented.
3. the decisions are taken by an absolute majority of voters. In case of sharing, the voice of the President is dominating.
4. any prevented Director may give power of attorney to an administrator of the same nationality, without that none can have two votes.
5. the members of the Board of Directors are held to professional secrecy. Any offence will be punished in accordance with the national law of the parties concerned.
6. the Director and the Commander of the airport can assist with advisory capacity, in the meetings of the Board of Directors and the Executive Committee, except when it is discussed of the accounts or their personal situation.
S. 11 trial-Vebaux, Copies, extracts 1. The deliberations of the Board of Directors are recorded in the minutes recorded in a special register and signed, either by the President, an administrator whose nationality is different of that of the President and the Secretary, either, if the Chairperson is absent, by the majority of the members present and the Secretary-General.
2. copies or extracts of such minutes to be produced in justice or elsewhere are signed, either by the President of the governing body, or by two directors of different nationalities, or by an agent designated by the Council.
3. an expansion of the minutes of each meeting shall be sent to the competent French authorities and Swiss.
S. 12 powers of the Board of Directors 1. The Board of Directors is vested with the broadest powers to act on behalf of the airport and make or authorize all acts and operations concerning its activity.
2. it has in particular and subject to art. 13, the following powers, which are listed in a way indicative and non-exhaustive: it defines the general policy of the airport.
It represents the airport towards third parties, the Government and the french and Swiss Governments.
It establishes the rules of the airport.
It creates the agencies or offices everywhere where it deems appropriate, France and Switzerland.
It stops the plan of organization and operation of airport services and fixed the staffing tables by general categories, with the exception of exclusively french or Swiss Government services.
It provides for the appointment, pronounced the revocation, lays down the conditions for admission and retirement of all officers and employees of the airport, with the exception of the Commander of the airport, heads of radio and meteorological services, and officials appointed by the french and Swiss Governments to ensure the services they retain management; There, in their context, that the power to make wishes.
He fixed, subject to art. 22, the salaries, wages, allowances, discounts, bonuses for all agents and employees; He organized caisses relief and retreats for staff.
He fulfilled the formalities necessary to obey the laws of the country in which it could be called to operate and appoints officials airport.
It draws up the State's forecast revenue and expenditure, which shall be submitted at least three weeks before the deliberation to the financial controllers provided for in art. 23. it collects monies owed to the airport and pays those which it is liable.
It determines the placement of the funds and regulates the use of reserve funds.
It supports, endorses, accepts and pays the effects of trade.
It shall act on contracts, bids, tenders, passed to package or otherwise interesting activity from the airport.
It allows acquisitions, withdrawals, transfers and disposals of annuities, values, receivables, patents or licensing of patents and movable rights whatsoever.
He agrees, assigns or terminates the leases and rentals with or without promises of sale.
It allows the acquisition, exchange of real estate as well as the sale of those it deems unnecessary, with the exception of goods or rights in immovable property forming part of the public domain of the State.
He decided the implementation of works and constructions.
It stops each year, within the limits of available resources, the general programme of work ordinary and extraordinary run and approved pre-projects or projects.
It approves the ground plan of the airport and its amendments, as well as extensions and new creations that may be required.
He initiative of the measures necessary for the creation of resources for covering the costs of administration, maintenance, operation or improvement and, inter alia, sets the conditions of use and rates of taxes and fees to collect on the airport.
He contracted the loans by way of appropriations or otherwise.
He agrees the mortgages, pledges, delegations, guarantees, sureties and other guarantees, securities and real estate, on property belonging to the airport.
It makes loans and advances.
It examines and passes to the french Governments and Switzerland, with its conclusions, the report of Director, annual stops situation States, inventories and accounts.
Exercising the legal actions both asking what defending.
It allows transactions, compromised, acquiescence and disclaimers, as well as prior art and subrogations, with or without security, and hands-fundraising registration, seizures, oppositions and other rights before or after payment.
It gives its opinion, whenever he is consulted by the competent authorities French or Swiss, on all matters of public and interesting services directly the operation of the airport.
2 must always be submitted to ratification by the competent French authorities and Swiss decisions on the following objects, which the list is exhaustive:-issues related to national and international regulations-plan mass of airport, draft amendments of existing facilities and structures, projects of books and new facilities whose importance is greater than an amount fixed by agreement between the competent French authorities and Swiss , - fixing the amount of the attendance fees, emoluments and allowances allocated to the President, the Vice-President, administrators, the Director, the Commander of the airport and administrators of special missions, as well as to officers reporting directly to the french or Swiss, Governments - borrowing by way of issuance of mortgage bonds or other - withdrawals from the reserve fund.
3. these decisions will be deemed approved when the competent French and Swiss authorities have not responded within a period of one month from their notification.
S. 14 duties of the President and Vice President 1. The President of the Board of directors convenes and chairs the Board. He exercises permanent supervision on the management of the airport. It prepares the meetings of the Council and shall ensure the implementation of the decisions taken by the latter.
It represents the airport in its dealings with the french and Swiss Governments.
It prepares and forwards the report that the Council must submit each year to those Governments on the situation at the airport and the State of the various services. The report of the Director, the minutes of deliberation the approving and the report of the Council should be addressed every year before April 1 to the competent French authorities and Swiss as a general report.
2. the Vice-president assists the President. In case of absence or any other cause, he temporarily replaces in the fullness of its functions. Absence the Vice-president, the Council may appoint an administrator for this purpose.
S. 15 responsibility of the President, the Vice-president administrators the Chairman, the Vice-Chairman and administrators are liable in accordance with the rules of the common law, individually or jointly depending on the case, to the airport or the third party offences to the Convention and its annexes and offences which they have committed in the management of the airport.
Their airport liability may be challenged either by the Aero-port itself, or the french government, the Swiss federal Council.
S. 16 signature of acts chapter III the Director all acts committing the airport towards third parties are signed by the President and an administrator or the Director and a Director of different nationality, unless an express delegation of the Board of Directors to the President or to the Director or to a single administrator.
Chapter III the Director s. 17 role of the Director 1. The Director is the administrator of the Board of Directors. Its functions have a mainly economic and commercial nature.
It is responsible for preparing and executing the State's forecast of revenue and expenditure of the airport.
It represents the airport in all acts of civil life and justice.
He received permanent special delegation within the limits set by decision of the Board of Directors, under the provisions of art. 13 (1), for the approval of the project, contracts, procurement of the tenancies of immovable property, purchases, sales, rentals and reforms of object movable, transactions in case of dispute. Its role in financial matters is defined in art. 30 2. By General delegation and within the limits of the strength authorized by the Council of administration, he named to all jobs, except those that the french and Swiss Governments reserve to agents that they delegate to the airport under arts. 12, 19 and 22.
3. appointments to Executive jobs are made only after approval of the Board of Directors.
The Director shall prepare each year a report itemizing the functioning of services and the overall airport.
It performs a function of overall coordination. He replies, in General, to the Board of Directors of the functioning of the services entrusted to him.
Liability to third parties and to the airport is subject to the rules laid down in art. 15. his treatment is set by the Board of Directors and subject to ratification by the competent French authorities and Swiss.
S. 18 no Director Chapter IV the Commander of the airport in case of absence, the Director is replaced by the Assistant Director. If this absence is prolonged beyond six months, it may be determined, on proposal of the Board of Directors, the appointment of a new Director.
Chapter IV the Commander of airport art. 19 appointment of the Commander of the airport 1. The Commander of the airport is an agent of the french government, who appointed him on the advice of the Board of Directors.
2. it cannot be relieved of his duties by decision of the same authority, taken on the proposal or the notice of the Board of Directors.
3. his salary is paid by the french government, whose jurisdiction it falls, in charge of reimbursement by the airport; but he may, in addition, receive, under the conditions laid down in art. 22 below, compensation the amount of which is fixed by the Board of Directors and who are directly paid by the airport.
4. its functions are incompatible with those of Deputy Director.
S. 20 role of the Commander of the airport 1. The Commander of the airport is responsible for the direction of technical services that fall within the french government.
2. He is assisted in his functions by heads of radio and meteorological services, directly falling within his authority, and by enforcement staff, which can be either french or Swiss.
3. it is required to apply laws and french regulations. It is, as well as its heads of service, criminally responsible for their application and has all the authority required for this responsibility.
4. in the case of disagreement serious between the Director and the Commander of the airport, the conflict is submitted, after deliberation by the Board of Directors, the competent French authorities and Swiss.
S. 21. lack of Commander from the airport and the heads of radio and meteorological services in case of absence, the Commander of the airport is replaced by his first Deputy french, who perform the duties of interim airport Commander, and heads of radio and meteorological services by officials of French nationality.
S. 22 airport chapter V control staff
1. the staff of the airport includes, excluding that of sanitary control and customs and police services: a. officers recruited directly by the Aeroport.b. agents of the Governments, communities, french and Swiss public institutions, placed at its disposal, following the regulations in force in their bodies, which can always be given to the provision of their Administration as this measure has a disciplinary nature; c. the Directorate staff to provide services which the french government retains the management in accordance with art. 4, by. 1 (a to c), of the Convention. These agents fall under the French Administration. Their relationship to the airport are regulated by the art. 13, 19 and 20.
2. salaries, wages and allowances for staff covered under let. a and b are paid by the airport.
The salaries of senior staff referred to in letter c are paid by the french government to repayment by the airport charge. Any allowance or supplementary remuneration, of any nature whatsoever, which would be allocated directly by the airport must be subject to the prior approval of the French and Swiss authorities pursuant to art. 13 (2).
Chapter V control art. 23 financial control 1. Each of the two Governments shall appoint a responsible financial controller of exer-REB a monitoring operations and the situation at the airport, on the State's forecast of revenue and expenditure, the balance sheet and the accounts presented by the directors and the annual report of the Director.
2. the financial controller may attend the deliberations of the Board of Directors, the Executive Committee and of the councils and committees that may be established by the Council with advisory voice. They will be convened under the same conditions as administrators. They have the power to cause a deliberation of the Council on a specific object.
3. they have the broadest and the most general investigative rights on parts and on-site.
They have, in addition, the authority to seek the dissolution of the Board of Directors in accordance with art. 7 s. 24 technical control chapter VI plan financial 1. The competent Swiss authorities may Inspector and check, at any time, technical services of the french government, after approval by the Minister of public works, transport and tourism.
2. in order to assess the State of the airport and its facilities, designated inspectors have the broadest and the broader investigative powers on parts and on-site.
Chapter VI Regime Financier s. 25 General provisions airport contracts are subject to the laws and usages of the trade. Operations in money and materials are found in the Scriptures according to the commercial form; material recovery and payment operations are in the forms in use in trade. Their results are determined by surveys, balance and the annual balance sheet.
S. 26 exercise 1. The fiscal year begins on 1 January and ends on 31 December.
2. by exception, the first exercise will include the time elapsed since the day of the constitution of the airport until December 31, 1949.
S. 27 State of forecast of revenue and expenditure 1. The Board of Directors establishes each year before 1 October, the draft statement of forecast of revenues and expenditures for the next fiscal year.
2. the estimates of revenue and ordinary and extraordinary expenses are subject of special sections, divided into chapters, which must include operations of the same nature.
3. maintenance and repair expenditures are mandatory.
4. the State's forecast of revenue and expenditure is subject to the approval of the two Governments.
5. If the State's forecast revenue and expenditure is not yet approved at the beginning of the year, the Director may, within the limits of the estimates passed by the Board of Directors and except opposition of one of the Governments proceed with the commitment of expenditure management themselves.
6. in the course of a year, it may be established, in the form of the primitive State of forecast revenue and expenditure and the same conditions of approval, States forecast revenue and additional expenses intended to correct the initial estimates.
S. 28 ordinary section the regular section includes: a. revenue: - taxes and charges of any kind including the perception will be regularly cleared, - revenues from the field, - the proceeds from the operation of the airport and equipment it administers directly or that it farmed out, - subsidies for the maintenance and operation of the airport and its access - samples on reserve funds - occasional recipes.
b. expenditure: - taxes and taxes, - loan service -, salaries, wages and allowances of staff, - operating costs, - maintenance and repair expenses.
The prospective deficit will be divided between the two Governments proportionately to trafficking, in accordance with art. 5 of the Convention.
S. 29 extraordinary section the special section includes: a. revenue:-grants the french State and the Swiss Confederation, public authorities, chambers of commerce and other public institutions, and economic groupings and individuals given in the form of capital or annuities and used exclusively for start-up expenses,-loan fund,-samples on reserve funds - occasional recipes.
b. expenditure:-expenses of first settlement, improvement, extension of the airport and its access roads, including corresponding staff costs.
S. 30 role of the Director in financial matters the Director carries the establishment of levels of revenues, the commitment, the liquidation and the authorisation of expenditure.
Under his responsibility, he may delegate to this effect his signature to one or several agents approved in advance by the Board of Directors.
He shall keep account of the commitment of expenditure and the issuance of securities of receipts and payment orders he sent to the accounting officer.
S. 31 accounting officer 1. The accounting officer is appointed by order of the Minister of finance and the Minister of public works, transport and tourism, on the advice of the Board of Trustees and after approval of the Swiss federal Council.
2. it ensures the operation of accounting of airport services and under orders the necessary personnel.
3. it is placed under the authority of the Director. However, it is personally and financially responsible for the acts of its management.
4. under its own responsibility, it is responsible for the collection of revenue, the payment of the mandates issued by the Director of the Fund and the portfolio. It has one quality to operate any handling of funds or values and it is responsible for their conservation.
5. the accounting officer shall pay a bond, the amount and nature are determined by the two Governments.
S. 32 General balance 1. Order accounts receivable and payable are open to see in year-end closing operations of regularization of revenue and expenditures in each fiscal year.
2. the general balance highlighted separately the balances at the beginning of the year, of each of the accounts, exercise operations, including order transactions and balances at year-end.
3. zero balance accounts must be described separately in the balance.
S. 33 accounts 1. It is established annually and before June 1 a general revenue and expenditure account and the balance sheet of the previous year.
The general account of revenue and expenditure consists of two sections: an operating account corresponding to the regular section of the State's forecast;
an account of establishment special section of the State's forecast.
In support of this last account is provided a borrowing contracted by the airport situation.
2. the general account and the balance sheet of the airport are transmitted, supported the results of the inventory and a report on the results of fiscal year expired, directly to the two Governments, which shall decide upon the approval of the accounts, the appropriation of profits and permanently fix the balance sheet within three months following receipt of these documents.
S. 34 use of operating revenues proceeds from taxes and operating revenues that the airport is authorized to collect is used: 1. to cover expenditure on maintenance and operation as well as the cost of interest and amortization of loans; 2. to establish a reserve fund as provided for in the following article.
S. 35 reserve fund 1. Respendable revenue surpluses are paid to a reserve fund, whose maximum is fixed by the two Governments, the governing body heard.
2. the investment of reserves is determined by the Board of directors after approval by the financial controller.
3. when the reserve fund reaches the maximum, may be conducted in agreement with the two Governments, either for the increase in the reserve fund, airport improvements, either a payment to the two Governments under the provisions of art. 5 of the Convention.
S. 36 winding-up
Dissolution resulting from an amicable agreement, or a denunciation of the Convention, Governments shall appoint one or more directors-liqui-daters, of which they shall determine the powers, and an accountant-liquidator agent, whose powers are identical to those of the accounting officer of the airport.
The appointment of the liquidators shall terminate the powers of the Board of Directors, the Director and accounting officer, to which they are substituted.
The power to approve the accounts of liquidation and to discharge the liquidators belongs to the competent French authorities and Swiss.
After regulation of liability and of airport charges, the net proceeds of the liquidation, including the reserve fund is divided between the two Governments in proportion to the average traffic from the airport to the France and the Switzerland destination during the five previous years.
S. 37 directors of advances and revenue 1. For administrators of imprest accounts may be designated by the Director for the payment of the salaries of temporary staff.
2 advances may be made to the persons dispatched on behalf of the airport.
The maximum of advances, the mode of justification and the use of advances, as well as the nature and amount of the bond required of the directors are defined by the Board of directors after approval by the financial controller.
The Revenue Commissioners may be designated by the Director for the revenue collections will be listed by decision of the Board of directors after approval by the financial controller. The decision will also set the terms that these revenues will be collected by the directors and paid to the Fund by the accounting officer, as well as, possibly, the nature and the amount of the bond required of the directors.
S. 38 recoveries and regulations 1. Material collection and payment operations can be performed in all forms in use in trade and in particular, by transfer Bank, by cheque, by Treaty, by telegram or postal cheque, negotiable and discount of negotiable.
2. cheques or all tracks of banking regulations are issued by the accounting officer. They bear the double signature and the Director, except derogations allowed by the Board of Directors.
3. in the event of payment by compensation, it must be reported separately in the Scriptures the full amount of the revenue and expenditure.
4. the garnishments, or objections, on the sums owed by the airport, the meanings of transfer of the said assignment are and other meanings which are designed to stop the payment must be made in the hands of the accounting officer.
S. 39 refusals of payment 1. The accounting officer shall inform the Director and financial controller of the reasons for which he refuses to make a payment without delay.
2. If the Director requires in writing and under his personal responsibility it is passed also, the accounting officer must conform to this requisition, schedule it in for payment.
3. However, no request may be made in case of refusal of visa financial controllers, as well as in the event of objection or dispute regarding the validity of the release. Requisitions for lack or inadequacy of availability with regard to the budget estimates cannot be admitted for investment capital.
4 the Director shall report to the Council of administration of the payment requisitions it has issued. The accounting officer shall inform the financial controllers by letter which copy shall be given to the Director.
S. 40 start of operation of the public said public establishment of Basle-Mulhouse Airport may validly operate at the date of the beginning of the first set in the first State of forecast of revenues and expenditures subject to the approval of the two Governments.
Specification title I work, mass plan art. 1 consistency of work 1. The work of first settlement are defined by the description and estimated State constituting Annex III of the Convention.
2. they will be subject, under the plan approved mass of successive tranches of achievement, including the project will be subject to the approval of the competent French authorities and Swiss.
3. the works projects and facilities shall be submitted for the opinion of the services involved in the operation or control of the airport.
S. 2 locations, provisions, Extensions to acquire locations, structures and installations to the revenue-tation of the airport will be proposed to the two Governments by decision of the Board of Directors, in accordance with art. 13 (2) of the Statute.
S. 3 expansion and enhancement 1. After acquisition by the french Government of the new lands required for the operation of the airport and within the time limit which will be fixed, airport will take at its own expense a contradictory boundary and a plan of the land forming part of the ensem-ble of the concession.
2. a consistent duly certified expedition of minutes of boundary and the plan will be drawn up at the expense of the airport and deposited in the archives of the french government. The new courts will be thus incorporated in the public domain.
3. any extension will result in an additional boundary and will be incorporated into the public domain.
S. 4 facilities for non-commercial services 1. The airport will provide all the facilities necessary for the operation of the services not included in commercial exploitation: Radio Services, teletypes and meteorology, air navigation Services of the track, control Services aviation activities, sanitary control, customs and police Services.
2. it shall, in particular, to make freely available to the administrations responsible for providing these services the necessary premises, as well as the staff quarters whose permanent presence on the airport is essential.
3. the plans of the premises and corresponding housing must be approved by those authorities.
S. 5 exemption from customs duties for materials and equipment 1. Due to the loads resulting from construction, operation and maintenance of the airport, the french government will give the benefit of the exemption from all duties and taxes import for materials and equipment intended for execution clauses in the book loads and State description and estimated, as well as the execution of the changes adopted under art. 13 (2) of the Statute, relating to the construction, operation and maintenance of airport. These materials and equipment shall in all cases be reported to the French customs.
2. in the event of a transfer to others, for payment or free of objects admitted duty-free in accordance with the previous provisions, french in force at the date of the transfer duties and taxes must be paid immediately after completion of formalities in the control of international trade and foreign exchange.
3. the possible re-export under art. 17 of the Convention will be free of all duties and taxes.
S. 6 maintenance of structures and facilities 1. The airport will have to maintain in good condition works and existing facilities and those that will be established, so always fit perfectly to the use for which they are intended.
2. the cost of maintenance of all books and all facilities are borne by the airport.
S. 7 liability towards the third 1. The airport is liable to third parties of the damages resulting from the failure strength or maintenance of the works or installations, whatever they may be.
2. approval of the projects by the two Governments leaves full responsibility for airport and cannot under any circumstances engage one of the two Governments.
S. 8 compensation to third parties all benefits which may be due to a third party as a result of the performance of maintenance, operation of the licensed works are borne by the airport, except recourse against that law, with the exception of those which could be claimed because of the very existence of the airport; the latter will be borne by the two Governments, in accordance with art. 5 of the Convention.
S. 9 failure of the works or installations title II operation if, description and estimated State being fully realized, works or facilities prove to be insufficient, the conditions of establishment and commissioning of works and additional facilities will be determined by an amendment to this workbook loads, established under the conditions laid down in art. 19 of the Convention.
Title II operation s. 10 implementation of the formalities of customs and police 1. Airport will assist and facilitate the task of French and Swiss Administrations which will coordinate assignments and matching the hours from their respective offices.
2. the passage of travellers and goods from one office to another will be controlled by the French and Swiss Government officials. Operations in the other offices shall, as far as possible, be able to succeed without loss of time.
S. 11 subcontractors
The airport may, under the conditions laid down in art. 13 of the statutes, entrusted to French and Swiss companies the exploitation of all or part of the works or installations and the perception of the appropriate fees, but shall remain personally liable, both against the french and Swiss Governments as towards third parties, of the fulfillment of all obligations imposed by the Convention, the statutes and the present specification.
S. 12 shops annexes annexes shops installed by the airport or its subcontractors at the airport are subject to french law.
S. 13 insurance 1. The airport will have to enter into contracts with one or more companies of assu-rance French or Swiss. The airport, including those of the tool-lage, users will enjoy these contracts, which the text will be held at their disposal charge by them to pay planned bonuses.
2. insurance costs are not included in the use taxes.
S. 14 taxes and taxes 1. The conditions of application of french taxes and taxes to load from the airport, air navigation and companies of undertakings entrusted by the construction works for the airport, will be subject of an agreement between the two Governments.
2. the Swiss staff resident in french territory is subject to no tax or fee which the other inhabitants of the same communities are free; In addition, the Swiss officers and members of their families are subject to no tax of French police.
New content, according to the amendment, effective Nov. 8. 1960 (1961 846 RO) art. 14Situation of the labour force employed in the Swiss sector of the airport the two Governments will determine by mutual agreement the conditions under which certain derogations may be made to the legislation or the French rules on pursuit of the professional activities employed by foreigners as well as social security.
Introduced by the amendment entered into force on 8 nov. 1960 (1961 846 RO) art. 15 statistical State of exploitation the airport will be required to submit, every month and every year, the french and Swiss Governments a statistical account of the operation established in accordance with a model that will be arrested agreement between the competent French authorities and Swiss.
S. 16 operating disorders 1. Airport will not raise any claim due to the disorder or interrupt service resulting or temporary measures or policy taken by the french government, or works of general interest that this Government is run on the public domain.
2. these measures may in no way engage the responsibility of the french government towards third parties. However, the french Government bear maintenance of airport proportionally to the total downtime of a certain duration.
S. 17 register of claims 1. It was held in the offices of the direction of the airport, a register to receive, on the one hand, the claims of people who have complaints, either against the airport, against its staff to some category that it belongs and, secondly, the vows formed by users.
2. the airport shall communicate periodically to the competent authorities French and Swiss endorsements on this register.
Title III fees and expenses s. 18 rates under the express condition that it fulfils all obligations borne by the Convention, the Constitution and the present specification, airport is entitled to collect and determine the rates of taxes. The nature and the amount thereof shall be determined by decision of the Board of directors subject to the ratification of the relevant French and Swiss authorities under the conditions laid down in art. 13 of the regulations.
S. 19 rental of real property (land, facilities) buildings may be rented to businesses of air navigation and airport users. Leases must contain a clause of realization ipso facto dissolution of the airport.
S. 20 obligations of tenants tenants cannot build buildings on leased land or make alterations to buildings and facilities with the authorization of the Aero-port given, if the importance of the proposed work requires it, after deliberation by the Board of Directors in accordance with art. 13 (2) of articles and services agreements involved the operation and control of the airport.
S. 21 control of perceptions 1. Tariffs in force are brought to the knowledge of the public through affixed posters in a very effective way to special locations reserved for this purpose.
2. a copy of these posters is deposited at the headquarters of the airport.
3. the airport is responsible for the conservation of these posters and replaces them whenever it is appropriate.
4. the State of perceptions is found by registration, which detailed rules are laid down by the Director in agreement with the financial controllers.
Amendment No 2 of annex II 1. To enable the airport to respond to the development of its traffic and the technical requirements relating to the characteristics of the new aircraft and air traffic procedures, will be the extension of the land as well as of existing structures and facilities.
2. the distribution of the burden resulting from this extension will be carried out in accordance with the provisions of art. 2 of the Convention. The work will be considered as work of first settlement.
3. the determination of locations to acquire, as well as books and additional facilities to be built, will be changes successive State description and estimate of the work of first settlement constituting Annex III to the Convention, be adopted in agreement between the two Governments.
State June 10, 1997 (Appendix III) work of start-up description and estimated State description this description statement defines the General provisions of the airport, as well as the consistency of the start-up work to be carried out in accordance with art. 2 of the Convention.
I. Airport Infrastructure will at least meet the characteristics of class A of the French standards.
It will include two tracks.
The first form a 335 ° angle with true North and will be used in particular for landing in poor visibility.
The second will form an angle of 260 ° with the geographic North and substantially match the direction of the wind is more frequent and more violent.
These tracks will have a width of 60 metres and respective lengths of 4000 meters for the first and 2000 for the second.
The grassed bands associated with these tracks will have respective widths of 300 and 150 m. from 25 metres wide traffic lanes connect these tracks to the area of the facilities.
In addition to the tracks used in commercial aviation and parallel to the latter, it may be established bands in flight for light aircraft at the rate of a strip for each orientation.
The corresponding flight to the A. M. V. track strip can be replaced by a track with a maximum length of 1800 meters built parallel to it and intended to increase the capacity by segregation of General Aviation.
II. Installation facilities will be located in angles Northeast and Northwest slopes. They shall include, at minimum, a Terminal and a train station freight with respectively 21 000 m and 10 500 m of covered area, with their dependencies, which will include the offices of general services, offices for customs and airport police services.
Airport facilities will also include garages, as well as housing for the part of the staff which should reside locally in the interests of the service.
Sheds have approximately 10,000 m of covered area.
Facilities for the safety of air navigation will include at a minimum, in addition to conventional equipment of the towers of controls: - surveillance SRE radar equipment - an instrument landing facility they responding to phases 2 and 3 has - a direction finder - equipment VOR - beacons for the evolution of aircraft in the Terminal control area.
III. road linking the airport will be connected to the Swiss road network by a motorway crossing the border between St. Louis and Burgfelden enabling Swiss citizens access without customs formalities at the airport.
This Highway will have a platform of at least 20 meters and will include fences materialising the customs limit, according to the provisions which will be deemed necessary by the customs services of french and Swiss.
The airport will be linked to the french road network by a motorway link connecting it to the A35 motorway, as well as a road connected to the CD 12 bis.
Inside of the right-of-way from roadways airport will be furnished to ensure bindings of various Swiss and french sectors, to the respective road networks in the two countries.
Will be considered as part of the work to the airport, the road connecting the airport to the Switzerland restricted to the border, as well as the road linking the airport to the french road network.
IV. rights-of-way outline n 509 established by the Airport Basel - Mulhouse on 6 February 1969, annexed hereto, sets the maximum grip which can be given to the airport.
The maximum surface to expropriate total covers 536 ha of land, including about 380 on the territory of the commune of Blotzheim, 127 in Hésingue, and 29 in St. Louis.
Estimated changes in the estimate of annex III of the Convention on July 4, 1949 are the serve: Operations adjunct to the 15.5.1965 index to 1.8.1960 brother S.
Adjunct 1970 index to 1.3.1970 brother S.
1 - Acquisition of land for memory for memory 2 - civil engineering works 36 321 000 29 535 000 3 - electrical 8 035 000 5 315 000 4 - Radio Installations 4 515 000 1 905 000 5 - buildings for the Administration of the airport 22 150 000-6 - buildings for companies aeriennnes 14 697 000 - 7 - relocation of 1 474 000-87 192 000 36 air navigation obstacles 755 000 remarks : - Extension of the main north-south runway to 4000 m × 60 m, including high-intensity and line markup approach.
-Construction of the first stage of 1000 m × 45 m of the runway for general aviation including markup. - enlargement of the parking lots of 45 000 Mr. - area traffic from the centre of West aviation and road connection to this area. West - change of facilities of aviation safety.
Is in french francs, at the rate of 1.135, a subtotal of FFr 98 962 920.-. This subtotal of estimated expenditures may be subject to an increase from the rising cost of construction since August 1, 1960.
Is in french francs, at a rate of 1.27, a subtotal of FFr 46 678 850.- This subtotal of estimated expenditures may be subject to an increase from the rising cost of construction since March 1, 1970.
New content, according to exchange of notes of the Feb 25. 1971 (RO 1971 720) see above.
State on June 10, 1997