Rs 0.631.112.136.2 December 7, 2004 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 0.631.112.136.2 Accord du 7 décembre 2004 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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0.631.112.136.2 translation 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 Swiss customs territory on the perception and the handover a part of the levy to the traffic heavy weights related to the benefits that the Switzerland collects on its national territory as well as on that of the town of Büsingen am Hochrhein (agreement HVF Büsingen) concluded December 7, 2004 entered into force by Exchange of notes on 19 November 2008 (status November 19, 2008) the Swiss federal Council and the Government of the Federal Republic of Germany in view of the good neighbourly relations between the Switzerland and the Federal Republic of Germany, whereas the Treaty of 23 November 1964 between the Federal Republic of Germany on the inclusion of the town of Büsingen am Hochrhein in the customs territory Swiss and the Swiss Confederation (hereinafter designated "Treaty) Büsingen"), whereas the introduction of a levy on the traffic heavy duty related benefits (HVF) in the territory of the Confederation from January 1, 2001, desire to take account of the unique geography of the municipality of Büsingen, in particular in order to avoid the erection of control offices on the lines of communication and in the direction of the town of Büsingen , have agreed to the following provisions: art. 1 purpose 1. In addition to art. 2 of the Treaty Büsingen, Switzerland sees heavy traffic tax related benefits also in the territory of the municipality of Büsingen.
2. the vehicles construction and maintenance of the building administration of roads of the State of Baden-Württemberg, or third party appointed for this purpose by the latter are exempt from the HVF for races to be performed in order to perform their legal duties for construction and maintenance roads in Switzerland and on the territory of Büsingen.
3. the Swiss Confederation shared with the municipality of Büsingen, in accordance with the key referred to in art. 3, the net proceeds of the perception of the HVF throughout the territory of the Swiss Confederation and the town of Büsingen.

Art. 2 electronic unit vehicles engine officially admitted to circulation at Büsingen, which are liable to the levy on heavy goods traffic, as well as the tractors light admitted to pull trailers to transport, which are liable to the levy on heavy goods traffic, must be fitted in accordance with Swiss an electronic mileage entry device approved by the Federal Customs Administration.

Art. 3 allocation key the part for the town of Büsingen is calculated based on the net proceeds from the fee on traffic of heavyweights, of the ratio between the costs of maintenance of the road of the Switzerland network and the road network of the municipality of Büsingen and the relationship between the mileage on the network benefits Swiss road and those on the roads of Büsingen , to each time on the basis of a reference year.

Art. 4 calculation of the amount to be credited the amount returning to the town of Büsingen is done annually. It is set in the annex forming part of this agreement. The net proceeds of the levy to the traffic of the heavyweights of the previous year is the basis for calculation, through use of extrapolations.

Art. 5 validity of the distribution key 1. The allocation key is valid for five years.
2. each Contracting Party may request through diplomatic channels, no later than one year before the expiry of the period of validity of five years, a new allocation key for the next five years.
3. the Joint Committee established under art. 41 of the Treaty Büsingen statue on the recalculation of the allocation key.

Art. 6 terms 1. The payment to the town of Büsingen of the amounts calculated in accordance with this agreement is the first time for the year 2001 and intervenes whenever the 30 June of the following year.
2. corresponding payments must be made at the local caisse of Büsingen.

Art. 7 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 Party may require that it be submitted to an arbitral tribunal for decision.
3. the arbitral tribunal is composed from case to case; Each Contracting Party 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 parties. Members must be appointed within two months and the president must be within three months after that one of the contracting parties has communicated to the other that it intends 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 parties 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 parties, 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 parties, or if it is him 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 parties to make the appointments.
5. the arbitral tribunal shall take decisions by a majority of the votes on the basis of the agreements reached between the two parties and in accordance with public international law. Its decisions are binding. Each contracting party bears the costs of 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 parties. The arbitral tribunal may stop a different distribution of costs. In addition, it regulates the procedure itself.

Art. 8 entry into force this agreement comes into force as soon as the contracting parties are mutually notified that the internal requirements for its entry into force are met. Is determining the day of receipt of the last notification.

Art. 9 duration and denunciation 1. This agreement is concluded for a period of five years.
2. insofar as neither of the contracting parties denounces the agreement two years before the expiry of the period of validity referred to in para. 1, he will remain in force, each contracting party entitled to denounce, through diplomatic channels and in writing, to the end of a calendar year notice of two years.
3. regardless of the al. 1 and 2, the denunciation of the Treaty Büsingen also results in the termination of this agreement.
Done at Berne, on December 7, 2004, in two copies in German language.

Appendix annex to the agreement between the Council 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, perception and the handover from the royalty on the traffic of heavy goods vehicles related to the benefits that the Switzerland collects on its national territory as well as on that of the town of Büsingen am Hochrhein (agreement HVF Büsingen)
Calculation of the share of Büsingen to the net proceeds of the HVF: key determinants percentages * allocation key maintenance costs of roads 0,0067795% 50% of transport services in domestic traffic, transit, import and export 0,0081845% 50% share of Büsingen net e.g. 750 000 000. - CHF 56 115. - * percentages determinants maintenance costs of roads (according to federal statistical Office) Switzerland in CHF 2 215 337 000 Büsingen (according to Strassenbauamt Konstanz) in CHF 150 200 sum of the two countries share Büsingen 150 200 2 215 487 200: 2 215 487 200 '' 100 0,0067795% benefits of transit traffic in transit, import and export Switzerland (according to report SET) in tkm 14 876 400 000 Büsingen (according to supposed to be traffic) in tkm 1 217 662 sum of the two countries share Büsingen 1 217 662 14 877 617 662 : 14 877 617 662 '' 100 0,0081845% overall account of the federal Office for statistics (OFS) 1988-1997 road expenditures: table 4: costs of the capital account in 1997.
Indications of the Konstanz Strassenbauamt, IV/3951: Kostenrichtwerte as maintenance von Landesstrassen, Staatshaushalt, Strassenbau Kapitel 1004, page 125, as das Jahr 2001.
Die verkehrlichen Auswirkungen the bilateralen Landverkehrsabkommens zwischen der Schweiz und der European Gemeinschaft auf den Strassen-und Schienenguterverkehr, SG DETEC study Service of transport, report 2/99, table A-3 basic scenario 2001.

Benefits of Büsingen traffic for the year 2000: identified by the Land of Baden - Württemberg 1995 to the road of the Land and by the city of Schaffhausen, 1992 to the Rheinhalden road, various statements by the Schaffhausen Tiefbauamt all extrapolated to the year 2000.

State on November 19, 2008

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