Legal Form, Area of Jurisdiction, Choice of Law

1. The High Rhine Commission (hereinafter abbreviated as HRC) is a partnership-based organization established to further intensify cross-border cooperation for an indefinite period. Its sphere of influence is oriented towards the shared living space along the High Rhine between Lake Constance and Basel.

2. The HRC is a public-law body without legal personality according to Article 9 of the Karlsruhe Agreement dated January 23, 1996. The HRC may operate one or more offices. Unless otherwise stipulated below, the High Rhine Commission is subject to the law of the state to which the respective president belongs, in accordance with Article 9 of the Karlsruhe Agreement.

1. Objectives of the Partnership are the reduction of cross-border disadvantages and the joint further development of the cross-border living, cultural, and economic area within the region of influence.

**1. The Partnership has the following Duties:**

1. Organization of regular contact between the partners (exchange of experiences), coordination of their cross-border cooperation, as well as establishment and maintenance of contacts with the federal administrations in Bern and Berlin and with the European Union;

2. Collection, exchange, and joint evaluation of data necessary for planning, commenting, approval, and authorization procedures that have a cross-border relation;

3. Implementation of projects in cooperation with one or more partners or with other natural or legal persons based on special project agreements. The focus is on projects that strengthen the cross-border economic and living space as well as promote the exchange and cross-border meeting of residents within the area of influence.

1. The partnership is open to territorial authorities and local public entities based within the area; other persons, particularly those under private law, may be invited to committees in an observer or advisory capacity.

2. The partnership is established upon application by a resolution of the presidency.

1. The Bodies of the High Rhine Commission are

a) the Plenary Assembly;

b) the Board;

c) ...

d) the President.

1. Supreme Body of the HRK is the Assembly of Partners.

2. The Plenary Assembly decides on all matters arising from the objectives and tasks of the partnership, which are not expressly reserved for the Executive Board or the President by this agreement. It may form committees for the execution of its tasks.

3. The Plenary Assembly has the following powers

a) Establishment and amendment of the agreement;

b) Approval of the budget upon proposal from the Executive Board;

c) Approval of the annual report, financial statement, and annual accounts (business report) upon presentation by the Executive Board;

d) Decision on the use of the balance surplus;

e) Dissolution.

4. The Plenary Assembly meets at least once annually. It also meets upon the request of one of the partners represented on the Executive Board.

1. In the plenary assembly, each partner has one vote; they can only cast the vote in their own name.

2. The plenary assembly has a quorum if at least three Swiss and three German partners are represented and the assembly has been convened in writing with a notice period of 21 days.

3. Unless otherwise specified in this agreement, resolutions are passed by a majority of the votes present from both the Swiss side and the German side.

1. The Board is composed as follows

a) Switzerland

1. * 1 Canton Aargau, State Councilor

2. * 1 Canton Schaffhausen, State Councilor

3. * 1 Planning Association Fricktal Regio, President

4. * 1 Planning Association Zurzibiet, PR

5. * 2 Municipal Representatives (1 from Canton AG; 1 from Canton SH)

b) Germany

1. * 1 State of Baden-Württemberg, Regional President

2. * 1 District of Waldshut, District Administrator

3. * 1 District of Lörrach, District Administrator

4. * 1 Regional Association Hochrhein-Bodensee

5. * 2 Municipal Representatives (1 from District WT and 1 from District LO)

6. * ...

2. The Board decides on all matters that arise from the objectives and tasks of the HRK and are not expressly reserved for the plenary assembly or the president by this agreement.

2bis The Board elects the individuals who perform the roles of President and Deputy President.

3. The Board

a) * decides on the strategic direction of the HRK as well as the implementation of key themes and projects,

b) * implements motions from the plenary assembly,

c) * establishes working groups and expert committees,

d) * advises on the budget,

e) * appoints the independent audit office,

f) * decides on the admission of new partners,

g) * decides on the management or dismisses it.

4. The Board meets at least once a year. It also convenes at the request of the President.

1. Each member of the board of directors has one vote.

2. The board is capable of passing resolutions when at least three members from the Swiss side and three members from the German side are present, and the board meeting has been convened in writing with a notice period of 5 working days. Circulation resolutions are permitted on the board.

3. Unless otherwise specified in this agreement, resolutions are passed by a majority of the votes present from both the Swiss side and the German side.

4. At the board meeting, each board member may only cast their vote in their own name.

1. Representatives of the HRK externally are the President and the Vice President. They represent the resolutions of the Board and the General Assembly externally.

2. The President is a government member of Canton Aargau, Canton Schaffhausen, or the District Council of the districts of Lörrach or Waldshut.

3. The President and his Deputy must belong to the opposite side. Their term of office is two years. The Deputy shall assume the office of President after the presidency ends.

4. The President convenes the Board and the General Assembly and prepares the agenda. He chairs the Board and the General Assembly.

5. The President oversees the management, particularly with regard to compliance with the agreement and directives.

1. The HRK funds its activities through

a) contributions from partners;

b) contributions from separate project agreements.

2. The received contributions are administered by the presidency in a fiduciary capacity on behalf of all partners.

1. The annual contributions for basic financing are determined as follows

a) Switzerland: Total € 50,000.-

1. Canton of Aargau: € 40,000.-

2. Canton of Schaffhausen: € 10,000.-

b) Germany: Total € 50,000.-

1. State of Baden-Württemberg: € 10,000.-

2. District of Waldshut: € 15,000.-

3. Former partner municipalities in the district of Waldshut: € 12,000.-

4. District of Lörrach: € 4,000.-

5. Former partner municipalities in the district of Lörrach: € 4,000.-

6. Regional Association Upper Rhine-Lake Constance: € 5,000.-

2. The amount of the annual contribution for a partnership according to § 4 shall be determined by the board in a tariff.

3. The contributions are due at the beginning of the calendar year (fiscal year).

4. Any change in the obligation to contribute can only be decided unanimously.

1. For the execution of projects that go beyond the regular business operations, a separate project agreement must be concluded in advance. The project agreement cannot obligate the HRK.

2. The project agreement must include at least provisions concerning sponsorship, financing, liability, and choice of law.

3. Sponsors may include: HRK partners and third parties (natural and legal persons).

1. The HRK does not employ its own personnel.

2. The personnel required for management is employed by one or more partners.

3. The partners shall separately agree in advance on regulations concerning expense reimbursement, the applicable law, and the exercise of employer's right of direction.

1. The costs for participating in meetings of the bodies, working groups, or committees shall be borne by each appointing entity itself.

1. No Liability is Established Through the Partnership in the HRK. The partners are liable for the fault of their organs in activities related to the execution of this agreement according to the law of the respective state of domicile.

1. Each partner may declare their withdrawal from the HRK in writing to the President up to 6 months before the next fiscal year.

2. Upon declaration of withdrawal, the partner loses their voting rights on matters that have effects beyond the current year.

1. The HRK is dissolved

1. by resolution of the plenary assembly;

2. if the HRK no longer has partners from both sides of the German-Swiss border;

3. if, as a result of the withdrawal of one or more partners, the total income of the HRK from contributions of its partners falls below the amount of €100,000, and the remaining partners do not expressly decide to continue the agreement within a period of 3 months from the receipt of the withdrawal declaration(s).

1. The dissolution of the HRK in the cases under § 20 leads to its liquidation.

2. Remaining assets are distributed among the last partners in proportion to the partner contributions applicable in the last financial year. This includes those partners whose partnership had already been terminated in the last financial year.

3. During the liquidation period, the last serving president remains in office.

1. The Agreement shall enter into force on June 28, 2006, subject to the following provisions.

2. Each partner may publish this Agreement at their own discretion.

1. The provisions of Chapter 3 concerning financing shall come into effect on December 31, 2006.

2. Until then, the financing of the HRK shall be sourced from the previous sources.

1. This Agreement shall cease to have effect if an entity with the same purpose and legal personality is established between the current and future partners under the Karlsruhe Agreement or other bilateral or supranational norms.