Rs 0.631.112.136.1 15 December 2000 Agreement Between The Swiss Federal Council And The Government Of The Federal Republic Of Germany Relating To The Treaty Of 23 November 1964 On The Inclusion Of The Town Of Büsingen Am Hochrhein In The Customs Terri...

Original Language Title: RS 0.631.112.136.1 Accord du 15 décembre 2000 entre le Conseil fédéral suisse et le Gouvernement de la République fédérale d’Allemagne relatif au Traité du 23 novembre 1964 sur l’inclusion de la commune de Büsingen am Hochrhein dans le territoire douanier

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0.631.112.136.1 translation Swiss agreement between the federal Council and the Government of the Federal Republic of Germany relating to the Treaty of 23 November 1964 on the inclusion of the town of Büsingen am Hochrhein in the Swiss customs territory concerning the handover for a share of the proceeds of the VAT that the Swiss Confederation collects on its national territory as well as on that of the town of Büsingen am Hochrhein determined on 15 December 2000 approved by the Federal Assembly on June 7, 2001

Implemented by Exchange of notes on August 30, 2001 (status on June 17, 2003) the Swiss federal Council and the Government of the Federal Republic of Germany, in view of the good neighbourly relations between the Swiss Confederation and the Federal Republic of Germany, whereas the Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss Confederation on the inclusion of the town of Büsingen am Hochrhein in the Swiss customs territory designated hereinafter "Treaty Büsingen", and the perception resulting tax Swiss on the turnover on the territory of the municipality of Büsingen, desire to take account of the particular geographical location of the town of Büsingen and the special charges that strain this county and its people, have agreed to the following: art. 1 purpose the Switzerland, which collects under art. 2, al. 1, let. g, of the Treaty Büsingen VAT on importation to the territory of the municipality of Büsingen as well as on the conversions that are performed, pays a share of the proceeds from the VAT as a participation in the special in the municipality of Büsingen and its population charges.

Art. 2 calculation basis the part for the town of Büsingen is calculated taking into account the total receipts from VAT in Switzerland, of the ratio between the purchasing power per capita of the Switzerland and the territory of Büsingen/Schaffhausen, as well as the relationship between the population resident medium of the municipality of Büsingen and Switzerland , to each time on the basis of a reference year.

Art. 3 allocation of costs of administration to take into account administrative costs generated by the collection of VAT in the municipality of Büsingen and the calculation and payment of the amount to be credited, the share of the proceeds from VAT is reduced by 5%.

Art. 4 calculation of the amount to be credited the amount returning to the town of Büsingen is done annually. It is attached in annex 1 part of this agreement. The product of the previous year VAT is the decisive basis for calculation.

Art. 5 allocation of benefits provided by the Swiss 1. Benefits of authorities (Confederation and cantons) provide for the town of Büsingen or its population are deducted from the proceeds of the VAT. They are listed in annex 2 to this agreement each time for the current reference year.
2. the deduction under para. 1 is increased by 30% for non-quantifiable benefits.
3. the Federal Tax Administration pays directly to the cantons the value of benefits they provide for the town of Büsingen according to annex 2.

Art. 6 period of validity of the calculations 1. The percentage determined on the basis of the year of reference, in accordance with appendices 1 and 2 of this agreement, is at each time valid for five years.
2. each party may require through diplomatic channels, no later than one year before the expiry of the period of validity of five years, a new calculation of the percentage for the next five years, based on another year of reference.
3. the parties within the Joint Committee established under art. 41 of the Treaty Büsingen as data which, in annexes 1 and 2, provide the basis to the new calculation of the percentage.

Art. 7 timelines 1. Payment to the commune of Büsingen on the part of the proceeds from the VAT calculated in accordance with this agreement is the first time for the year 1999.
2. the part for a calendar year is always due in payment to the communal Fund of Büsingen on 30 June of the current year.
3. payments for the years leading up to the entry into force of this agreement with the first payment due according to para. 2 art. 8 report the municipality of Büsingen annually a report by which it instructed the Joint Commission of the use that was made of the amount paid.

Art. 9 settlement of disputes 1. Disputes on the interpretation or application of this agreement are resolved as far as possible by the Joint Commission.
2. If a dispute cannot be resolved in this way, each Contracting State may require that it be submitted to an arbitral tribunal for decision.
3. the arbitral tribunal is composed from case to case; Each Contracting State shall designate one Member and these two people reach agreement on a representative of a third State as president, which will be designated by the Governments of the two Contracting States. Members of the two Contracting States must be designated in two months, and the president must be within three months after one of the Contracting States has communicated to the other he wants to submit the dispute to an arbitral tribunal.
4. If the time limits referred to the al. 3 are not respected, each of the Contracting States may, if nothing else was agreed, ask the president of the International Court of justice to make the necessary appointments. If the latter is the nationality of one of the two Contracting States, or if he is unable, for any reason, the onus is on the Vice President to make the appointments. If it's too the nationality of one of the two Contracting States or if it is also prevented, it belongs to the Member of the Court of rank directly below and whose nationality is not that of one of the two Contracting States to make the appointments.
5. the arbitral tribunal shall take decisions by a majority of the votes, based on agreements concluded between two Contracting States and public international law. Its decisions are binding. Each Contracting State to bear the costs incurred by the Member whom he has appointed, as well as those of its representation in the arbitral proceedings; president's fees and other costs are borne equally by the two Contracting States. The arbitral tribunal may stop a different distribution of costs. In addition, it regulates the procedure itself.

Art. 10 entry into force this agreement comes into force the day where the Swiss federal Council shall notify the Government of the Federal Republic of Germany that the prerequisites to its entry into force have been met. Is determining the day of receipt of this notification.

Art. 11 duration and denunciation 1. This agreement is concluded for a period of five years.
2. insofar as none of the two Contracting States denounces this agreement two years before the expiry of the aforementioned period, it will remain in force for an indefinite period, each Contracting State entitled to denounce through diplomatic channels to the end of a calendar year notice of two years.
3. the denunciation of the Treaty Büsingen also results in the termination of this agreement.
Made in Dörflingen, on December 15, 2000, in two copies in German language.

Annex 1 Annex 1 to the Swiss agreement between the federal Council and the Government of the Federal Republic of Germany relating to the Treaty of 23 November 1964 on the inclusion of the town of Büsingen am Hochrhein in the customs territory Swiss about the handover for a share of the proceeds of the VAT that the Swiss Confederation collects on its national territory as well as on that of the town of Büsingen am Hochrhein on the calculation of the share as a percentage of the product Swiss VAT relating to the municipality of Büsingen, in accordance with art. 4 of the above-mentioned Treaty for the reference year 1996: % product of Swiss VAT in 1996 (according to the account of State of the Swiss Confederation) CHF 11 958 291 845 national income per capita in Switzerland in 1996 (according to the federal Office of statistics) CHF 43 034 100 joint of Büsingen/canton of Schaffhausen in 1996 (according to the federal Office of statistics) CHF 43 531 101.2 Coefficient of correction of national income national income per capita = 1.0 Population resident in Switzerland (according to the federal Office of statistics) 7 105 446 average 99,9792315 average residents of the municipality of Büsingen (according to the municipal administration of Büsingen) 1 476 0,0207685 Total resident population average 7 106 922 100 rate of the population of the municipality of Büsingen compared to the total population 0,0207685 Deduction of the costs of collection and administration (5%)

0,0010384 net share of the proceeds from the VAT returning to the town of Büsingen CHF 2 359 378 0,0197301 Deduction due to the benefits provided by the Switzerland according to annex 2 CHF 1 013 451 0,0084749 percentage for the calculation of the amount returning to the town of Büsingen for the current year 11 0,0112552 State. July 2006 annex 2


Annex 2 to the Swiss agreement between the federal Council and the Government of the Federal Republic of Germany relating to the Treaty of 23 November 1964 on the inclusion of the town of Büsingen am Hochrhein in the customs territory Swiss about the handover for a share of the proceeds of the VAT that the Swiss Confederation collects on its national territory as well as on that of the town of Büsingen am Hochrhein on the list of benefits of the Swiss authorities (Confederation and cantons) provide for the municipality of Büsingen or its population, according to art. 5 of the above-mentioned Treaty for the reference year 1996: CHF CHF by the Confederation Contributions to holders of cows 25 847.-premiums for culture of 39 770 fields.-complementary direct payments 170 578.-direct ecological Contributions 149 743.-federal compensation for Postbuses 110 611.-Customs postal traffic 13 680.-customs clearance of goods 9 860.-construction counts 12 670.-refund of the tax on mineral oils 32 620.-quantifiable subtotal 565 379.-30% increase for services not quantifiable 169 613.-subtotal Confederation 734 - 992 in the canton of Schaffhausen education 152 - 520 public transport 45 179. - unemployment benefits 16 500.-quantifiable subtotal 214 199.-30% increase for non-quantifiable benefits 64 260.-subtotal canton of Schaffhausen 278 459 - services provided by Swiss authorities in favour of the municipality of Büsingen or its 1 013 451 population. - 11 State. July 2006

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