Key Benefits:
Translation 1
(State on 19 November 2008)
Swiss Federal Council and the Government of the Federal Republic of Germany
Given the good neighbourly relations between Switzerland and the Federal Republic of Germany,
Whereas the Treaty of 23 November 1964 between the Swiss Confederation and the Federal Republic of Germany on the inclusion of the municipality of Büsingen am Hochrhein in the Swiss customs territory 2 (hereinafter referred to as the "Büsingen Treaty"),
Whereas the introduction of a charge on the traffic of heavy goods vehicles (RPLP) on the territory of the Swiss Confederation from 1 Er January 2001,
Motivated by the desire to take account of the particular geographical situation of the municipality of Büsingen, in particular in order to avoid the erection of control offices on the routes of communication from and to the municipality of Büsingen,
Agreed to the following provisions:
1. In addition to art. 2 of the Büsingen Treaty, the Swiss Confederation collects the levy on the traffic of heavy goods vehicles also on the territory of the municipality of Büsingen.
2. The construction and maintenance vehicles of the road construction administration of the Land of Baden-Württemberg or of third parties authorised for that purpose by the latter shall be exempt from the RPLP for the races to be carried out in order to carry out Their legal tasks relating to the construction and maintenance of roads in Switzerland and the territory of the municipality of Büsingen.
3. The Swiss Confederation shares with the municipality of Büsingen, in accordance with the distribution key referred to in Art. 3, the net proceeds of the collection of the RPLP throughout the territory of the Swiss Confederation and the municipality of Büsingen.
Motor vehicles officially admitted to traffic in Büsingen, which are subject to the charge on the traffic of heavy goods vehicles, as well as the light seat tractors permitted to be hauled from transport trailers, which are subject to the The charge on the traffic of heavy goods vehicles shall be equipped, in accordance with the Swiss provisions, of an electronic mileage-entry device approved by the Federal Customs Administration.
The share returning to the municipality of Büsingen is calculated taking account of the net product of the charge on the traffic of heavy goods vehicles, the ratio between the cost of maintaining the road network of Switzerland and those of the road network of the municipality of Büsingen thus The ratio of the mileage benefits on the Swiss road network to those on the road network in Büsingen, each time on the basis of a reference year.
The calculation of the amount returning to the municipality of Büsingen is carried out annually. It shall be set out in the Annex forming part of this Agreement. The net proceeds of the previous year's heavy goods traffic charge form the basis for calculation, using extrapolations.
1. The distribution key is valid for five years.
2. Each Contracting Party may require, by diplomatic means, no later than one year before the expiry of the five-year term, a new distribution key for the next five years.
3. The Joint Commission established pursuant to s. 41 of the Büsingen Treaty on the recalculation of the distribution key.
1. The payment to the municipality of Büsingen for amounts calculated in accordance with this Agreement shall take place the first time for the year 2001 and shall take place every time on 30 June of the following year.
2. The corresponding payments must be made to the local office of Büsingen.
Disputes concerning the interpretation or application of this Agreement shall be resolved to the extent possible by the Joint Commission.
(2) If a dispute cannot be resolved in this manner, each Contracting Party may require that it be submitted to a arbitral tribunal for decision.
3. The arbitral tribunal shall be composed of cases in case; each Contracting Party shall designate one member and those two persons shall agree on a representative of a third State as Chairman, which shall be appointed by the Governments of both Parties Contracting. Members shall be appointed within two months and the President shall be appointed within three months after one of the Contracting Parties has communicated to the other that it intends to refer the dispute to a arbitral tribunal.
4. If the time limits specified in para. 3 are not complied with, each contracting party may, if nothing else has been agreed, ask the President of the International Court of Justice to make the necessary appointments. If the latter is of the nationality of one of the two contracting parties or if it is prevented for any other reason, it is the responsibility of the Vice-President to make the appointments. If the latter is also of the nationality of one of the two contracting parties or is also prevented, it is for the member of the Court of rank directly inferior and whose nationality does not belong to one of the two parties Contracting Parties to make appointments.
(5) The arbitral tribunal shall take its decisions by a majority of the votes on the basis of the agreements concluded between the two Contracting Parties and in accordance with public international law. Its decisions are binding. Each Contracting Party shall bear the costs incurred by the member designated by it, as well as those of its representation in the course of the arbitral proceedings. The President's fees and other costs shall be borne equally by both Contracting Parties. The arbitral tribunal may decide on another apportionment of costs. Moreover, it setpoints its own procedure.
This Agreement shall enter into force as soon as the Contracting Parties have notified each other that the internal requirements for its entry into force are fulfilled. Is the day on which the last notification is received.
This Agreement shall be concluded for a period of five years.
2. In so far as neither Contracting Party denounces this Agreement two years before the expiry of the term of validity referred to in para. 1, it shall remain in force, however, each Contracting Party having the right to denounce it, through diplomatic channels and in writing, for the end of a calendar year, subject to two years' notice.
3. Regardless of paras. 1 and 2, the denunciation of the Treaty of Büsingen shall also entail the termination of this Agreement.
Done at Bern, on 7 December 2004, in two copies in German.
Annex to the Agreement between the Swiss Federal Council and the Government of the Federal Republic of Germany on the Treaty of 23 November 1964 on the Inclusion of the Municipality of Büsingen am Hochrhein in the Swiss customs territory concerning the Collection and retrocession of a share of the charge on the traffic of heavy goods vehicles related to the benefits Switzerland collects on its national territory as well as that of the municipality of Büsingen am Hochrhein (RPLP Büsingen Agreement)
Calculation on the part of Büsingen to the net product of the RPLP:
Distribution Key
| Determining percentages * |
Distribution key |
|
| Cost of road maintenance |
0.0067795 % |
50 % |
| Domestic, transit, import and export transport benefits |
0.0081845 % |
50 % |
| Share of Büsingen in the net product of p. Ex. 750 000 000. - CHF |
56 115. - |
|
* Key Percentages
| Cost of road maintenance |
||
| Switzerland (according to Federal Statistics Office) 1 In CHF |
2,215,337,000 |
|
| Büsingen (according to Strassenbauamt Konstanz) 2 In CHF |
150 200 |
|
| Sum of the two countries |
2,215,487 200 |
|
| Part Büsingen |
150 200: 2 215 487 200 ' 100 |
0.0067795 % |
| Domestic, transit, import and export transport benefits |
||
| Switzerland (according to SET report) 3 In tkm |
14,876 400 000 |
|
| Büsingen (according to traffic surveys) 4 In tkm |
1,217,662 |
|
| Sum of the two countries |
14 877 617 662 |
|
| Part Büsingen |
1,217,662: 14 877 617 662 ' 100 |
0.0081845 % |
1 Overall account of the Federal Statistics Office (SFO) 1988-1997 on road expenditure: Table 4: 1997 capital account costs.
2 Indications from the Strassenbauamt Konstanz, IV/3951: Kostenrichtwerte für Unterhaltung von Landesstrassen, Staatshaushalt, Strassenbau Kapitel 1004, Seite 125, für das Jahr 2001.
3 Die verkehrlichen Auswirkungen des bilateralen Landverkehrsabkommens zwischen der Schweiz und der Europäischen Gemeinschaft auf den Strassen-und Schienengüterverkehr, SG DETEC Transport Study Service, report 2/99, table A-3 base case 2001.
4 Traffic benefits in Büsingen for the year 2000: survey by the Land of Baden-Württemberg 1995 on the road to the Land and by the town of Schaffhausen 1992 on the road Rheinhalden, various surveys by the Tiefbauamt Schaffhausen, all extrapolated to the year 2000.
