# EUR-Lex - 52012PC0651 - EN

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# 52012PC0651

**Proposal for a COUNCIL DECISION Approving the conclusion by the European Commission on behalf of the European Atomic Energy Community of an Agreement on scientific and technological cooperation between the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) /* COM/2012/0651 final - 2012/0310 (NLE) */**

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EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL

Switzerland was
associated to the previous Euratom research framework programme (2007-2011) on
the basis of a scientific and technological cooperation agreement which was
signed on 25 June 2007, with effect from 1 January 2007. By letter of 14th
March 2011 Switzerland expressed its interest to become associated to the Euratom
Framework Programme for 2012 and 2013.

The Council has authorised the Commission to
negotiate a new agreement to that effect on 24 April 2012. The negotiations of
the new agreement were conducted in line with the directives issued by the
Council.

This agreement will provide for the Swiss
association to the Euratom research framework programme for the years
2012-2013, without prejudice to the terms of the Cooperation Agreement between
the Swiss Confederation and the European Atomic Energy Community in the field
of controlled thermonuclear fusion and plasma physics of 1978. The new
agreement will apply from 1st January 2012.

Pursuant to Art.101 of the Treaty Establishing
the European Atomic Energy Community the agreements are concluded by the
Commission with the approval of the Council which shall act by a qualified
majority. The new agreement should be concluded on behalf of Euratom.

In light of the above considerations, the
Commission requests the Council:

- to approve the conclusion on behalf of the
European Atomic Energy Community, of an Agreement on scientific and
technological cooperation between the European Atomic Energy Community, of the
one part, and the Swiss Confederation, of the other part, associating the Swiss
Confederation to the Framework Programme of the European Atomic Energy
Community for nuclear research and training activities (2012-2013).

2012/0310 (NLE)

Proposal for a

COUNCIL DECISION

Approving the conclusion by the European
Commission on behalf of the European Atomic Energy Community of an Agreement on
scientific and technological cooperation between the European Atomic Energy
Community, of the one part, and the Swiss Confederation, of the other part,
associating the Swiss Confederation to the Framework Programme of the European
Atomic Energy Community for nuclear research and training activities
(2012-2013)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing
the European Atomic Energy Community, and in particular Article 101 thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       The European Commission
has, on behalf of the European Atomic Energy Community and in accordance with
the directives from the Council, negotiated an Agreement with Switzerland associating the Swiss Confederation to the Framework Programme of the European Atomic
Energy Community for nuclear research and training activities (2012-2013),

(2)       It is consequently
advisable to approve the conclusion by the European Commission of this
Agreement,

HAS ADOPTED THIS DECISION:

Sole Article

The conclusion by the European Commission
on behalf of the European Atomic Energy Community of a scientific and technological
cooperation between the European Atomic Energy Community, of the one part, and
the Swiss Confederation, of the other part, associating the Swiss Confederation
to the Framework Programme of the European Atomic Energy Community for nuclear
research and training activities (2012-2013) is hereby approved. Upon
conclusion of this Agreement the representative of the European Commission
shall make the declaration of
the European Commission on behalf of the European Atomic Energy Community attached
in Annex I to this Decision.

The text of
this Agreement is attached in Annex II to this Decision.

Done at Brussels,

For
the Council

The
President

ANNEXES

ANNEX I

Declaration of the European Commission on behalf of the European
Atomic Energy Community
The representatives of the Swiss Confederation have
asked the Commission to confirm that the total amount of contributions expected
of the Swiss Confederation for the year 2012 in relation to all Euratom
research activities will not exceed CHF 55 million. The Commission confirms
that on the basis of the relevant statistical data and having regard to the
proportionality factors governing the calculation of contributions expected of
the Swiss Confederation for the year 2012 in relation to all Euratom research activities,
including before the conclusion of this agreement, the total amount payable by
the Swiss Confederation for the year 2012 will not exceed CHF 55 million.

ANNEX II

AGREEMENT

on scientific and technological cooperation between the European
Atomic Energy Community, of the one part, and the Swiss Confederation, of the
other part, associating the Swiss Confederation to the Framework Programme of
the European Atomic Energy Community for nuclear research and training
activities (2012-2013)

THE EUROPEAN
ATOMIC ENERGY COMMUNITY,

(hereinafter referred to as ‘Euratom’),

Represented by the European Commission (hereinafter referred to as the
Commission),

of the one part,

and

THE SWISS CONFEDERATION,

(hereinafter
referred to as ‘Switzerland’), represented by the Swiss Federal Council,

of the other part,

hereinafter referred to as ‘the Parties’,

CONSIDERING that the close relationship between Switzerland and Euratom is of benefit to the Parties;

CONSIDERING the importance of scientific and technological research for the
Parties and their mutual interest in cooperating in this matter in order to
make better use of resources and to avoid unnecessary duplication;

WHEREAS the Parties are currently implementing research programmes in fields of
common interest;

WHEREAS the Parties have an interest in cooperating on these programmes to
their mutual benefit;

CONSIDERING the interest of the Parties in encouraging the mutual access of
their research entities to research, technological development and training activities;

WHEREAS the European Atomic Energy Community and Switzerland concluded a
Cooperation Agreement in 1978 in the field of controlled thermonuclear fusion
and plasma physics (hereinafter referred to as 'the Fusion Agreement');

WHEREAS the Parties concluded a Framework Agreement on 8 January 1986 for
scientific and technical cooperation (hereinafter referred to as 'the Framework
Agreement'), which entered into force on 17 July 1987;

CONSIDERING that Article 6 of the Framework Agreement states that the
cooperation aimed at by the Framework Agreement is to be carried out through
appropriate agreements;

WHEREAS on 25 June 2007 the European Union and Switzerland signed an Agreement
on Scientific and Technological Cooperation, which entered into force on 28
February 2008 and was retroactively applied as of 1 January 2007;

CONSIDERING that Article 9(2) of the abovementioned Agreement provides for
renewal or renegotiation of the Agreement with a view to participation in new
multi-annual Framework Programmes for research and technological development,
under mutually agreed conditions;

WHEREAS the Framework Programme of the European Atomic Energy Community
(Euratom) for nuclear research and training activities (2012-2013), also
contributing to the creation of the European Research Area was adopted by
Council Decision 2012/93/Euratom[1],
Regulation (Euratom) No 139/2012[2]
and Council Decisions 2012/94/Euratom[3]
and 2012/95/Euratom[4]
(hereinafter referred to as the ‘ Euratom Framework Programme 2012-2013’);

WHEREAS subject to the provisions of the Treaty establishing the European
Atomic Energy Community, this Agreement and any activities entered into under
it will not affect the powers vested in the Member States to undertake
bilateral activities with Switzerland in the fields of science, technology,
research and development, and to conclude, where appropriate, agreements to
that end;

WHEREAS Euratom concluded the Agreement on the establishment of the ITER
International Fusion Energy Organization for the Joint Implementation of the
ITER project. Pursuant to its Article 21 and the Agreements in the form of an
Exchange of Letters between the European Atomic Energy Community and the Swiss
Confederation on the application of the ITER Agreement, the Agreement on Privileges
and Immunities for ITER and the Broader Approach Agreement to the territory of
Switzerland and on Switzerland’s membership in the European Joint Undertaking
for ITER and the Development of Fusion Energy of 22 November 2007 the Agreement
applies to Switzerland participating in the Euratom fusion programme as fully
associated third State;

WHEREAS Euratom is a member of the European Joint Undertaking for ITER and the
Development of Fusion Energy established by the Council Decision of 27 March
2007. Pursuant to Article 2 of this Decision and the Agreements in the form of
an Exchange of Letters between the European Atomic Energy Community and the
Swiss Confederation on the application of the ITER Agreement, the Agreement on
Privileges and Immunities for ITER and the Broader Approach Agreement to the
territory of Switzerland and on Switzerland’s membership in the European Joint
Undertaking for ITER and the Development of Fusion Energy of 22 November 2007
Switzerland became a member of the Joint Undertaking as a third State having
associated its research programme to the Euratom fusion programme;

WHEREAS Euratom concluded the Agreement between the European Atomic Energy
Community and the Government of Japan for the Joint Implementation of the
Broader Approach Activities in the Field of Fusion Energy Research. Pursuant to
its Article 26 the Agreement applies to Switzerland participating in the
Euratom fusion programme as fully associated third State.

HAVE AGREED AS FOLLOWS:

Article 1

Subject matter

1. The Swiss participation in the implementation of
the Euratom Framework Programme 2012-2013 shall be as laid down in this
Agreement, without prejudice to the terms of the Fusion Agreement.

Legal entities established in Switzerland may participate in all the specific
programmes of the Euratom Framework Programme 2012-2013.

2. Swiss legal entities may participate in the activities of the Joint Research
Centre of the European Union, as far as this participation is not covered by
paragraph 1.

3. Legal entities established in the European Union, including the Joint
Research Centre, may participate in research programmes and/or projects in Switzerland on themes equivalent to those of the programmes of the Euratom Framework
Programme 2012-2013.

4. For the purposes of this Agreement ‘legal entity’ means any natural or any
legal person created under the national law at its place of establishment or
under European Union law, having legal personality and being entitled to have
rights and obligations of any kind in its own name. This shall include, inter
alia, universities, research organisations, industrial companies, including
small and medium-sized enterprises, and individuals.

Article 2

Forms and means of cooperation

Cooperation shall take the following forms:

1. Participation of legal entities established in Switzerland in all specific
programmes adopted under the Euratom Framework Programme 2012-2013, in
accordance with the terms and conditions laid down in the rules for the
participation of undertakings, research centres and universities in research
and training activities of the European Atomic Energy Community.

2. Financial contribution by Switzerland to the budget of the programmes
adopted for the implementation of the Euratom Framework Programme 2012-2013, as
defined in Annex B.

3. Participation of legal entities established in the European Union in Swiss
research programmes and/or projects decided by the Federal Council on themes
equivalent to those of the Euratom Framework Programme 2012-2013, in accordance
with the terms and conditions laid down in the relevant Swiss regulations and
with the agreement of the partners in the specific project and the management
of the corresponding Swiss programme. Unless relevant Swiss regulations foresee
otherwise, legal entities established in the European Union and participating
in Swiss research programmes and/or projects shall cover their own costs,
including their relative share of the project's general management and
administrative costs.

4. In addition to timely provision of information and documentation concerning
the implementation of the Euratom Framework Programme 2012-2013 and of the
Swiss programmes and/or projects, the cooperation between the Parties may
include the following forms and means:

(a) regular exchanges of views on research policy guidelines and priorities and
plans in Switzerland and in Euratom;

(b) exchanges of views on the prospects and development of cooperation;

(c) timely exchanges of information on the implementation of the research
programmes and projects in Switzerland and in Euratom and on the results of the
work undertaken under this Agreement;

(d) joint meetings;

(e) visits and exchanges of researchers, engineers and technicians;

(f) regular contacts and follow-up between programme or project leaders in Switzerland and in Euratom;

(g) participation by experts in seminars, symposia and workshops.

Article 3

Adaptation

Cooperation may be adapted and developed at any time by mutual agreement
between the Parties.

Article 4

Intellectual property rights and obligations

1. Subject to Annex A and applicable law, legal entities established in
Switzerland participating in the Euratom Framework Programme 2012-2013 shall,
as regards ownership, exploitation and dissemination of information and intellectual
property arising from such participation, have the same rights and obligations
as legal entities established in the European Union.

2. Subject to Annex A and applicable law, legal entities established in the
European Union taking part in Swiss research programmes and/or projects, as
provided for in Article 2(3), shall, as regards ownership, exploitation and
dissemination of information and intellectual property arising from such
participation, have the same rights and obligations as legal entities established
in Switzerland participating in the programmes and/or projects in question.

Article 5

Financial provisions

The rules governing Switzerland's financial contribution are set out in Annex
B.

Article 6

Switzerland/Communities Research Committee

1. The Switzerland/Communities Research Committee set up in the Framework
Agreement shall review, evaluate and ensure the proper implementation of this
Agreement. Any issues arising from the implementation or interpretation of this
Agreement shall be referred to this Committee.

2. The Committee may decide to amend the references to European Union/Euratom
acts in Annex C.

Article 7

Participation

1. Without prejudice to the provisions of Article 4, legal entities established
in Switzerland participating in the Euratom Framework Programme 2012-2013 shall
have the same contractual rights and obligations as entities established in the
European Union.

2. For legal entities established in Switzerland, the terms and conditions
applicable for the submission and evaluation of proposals and those for the
granting and conclusion of grant agreements and/or contracts under the Euratom
Framework Programme 2012-2013 shall be the same as those applicable for grant
agreements and/or contracts concluded under the same programmes with legal
entities established in the European Union.

3. Switzerland shall be entitled, as an associated State, to propose evaluators
under the Euratom Framework Programme 2012-2013, in accordance with the Council
Regulation (Euratom) No 139/2012 laying down the rules for participation of
undertakings, research centres and universities in indirect actions under the
Framework Programme of the European Atomic Energy Community and for the
dissemination of research results (2012-2013).

4. Without prejudice to the provisions of Article 1(3), Article 2(3) and
Article 4(2) and to existing regulations and rules of procedure, legal entities
established in the European Union may participate under equivalent terms and
conditions to Swiss partners in programmes and/or projects of the Swiss
research programmes mentioned in Article 2(3). The Swiss authorities may make
participation in a project by one or more legal entities established in the
European Union subject to joint participation by at least one Swiss entity.

Article 8

Mobility

Each Party shall undertake, in accordance with existing regulations and
agreements in force, to guarantee the entry and stay - as far as indispensable
for successful accomplishment of the activity concerned - of a limited number
of their researchers participating, in Switzerland and in the European Union,
in the activities covered by this Agreement.

Article 9

Revision and future collaboration

1. Should Euratom revise or extend its research programmes, this Agreement may
be revised or extended under mutually agreed conditions. The Parties shall
exchange information and views concerning any such revision or extension, as
well as on any matters which affect directly or indirectly Switzerland's cooperation in the fields covered by the Euratom Framework Programme
2012-2013. Switzerland shall be notified of the exact content of the revised or
extended programmes within two weeks of their adoption by Euratom. In case of
such revision or extension of the research programme, Switzerland may terminate this Agreement by giving six months’ notice. The Parties shall
give notice of any intention to terminate or to extend this Agreement within
three months after the adoption of Euratom's decision.

2. Should Euratom adopt a new multi-annual research and training programme, an
Agreement may be renewed or renegotiated under conditions agreed mutually
between the Parties. The Parties shall exchange information and views on the
preparation of such programmes or other current and future research activities
through the Switzerland/European Union Research Committee referred to in
Article 6.

Article 10

Relation to other international agreements

1. The provisions of this Agreement shall apply without prejudice to the
advantages envisaged by other international agreements binding one of the
Parties and reserved only for legal entities established on the territory of
that Party.

2. A legal entity established in a State associated to the Euratom Framework
Programme 2012-2013 (Associated State) enjoys the same rights and obligations
under this Agreement as legal entities that are established in a Member State
provided that the Associated State in which the entity is established has
agreed to award legal entities from Switzerland the same rights and
obligations.

Article 11

Territorial application

This Agreement shall apply, on the one hand, to the territories in which the
Treaty establishing the European Atomic Energy Community applies and under the
conditions laid down in that Treaty and, on the other, to the territory of Switzerland.

Article 12

Annexes

Annexes A, B and C shall form an integral part of this Agreement.

Article 13

Entry into force and application

1. This Agreement shall be ratified or concluded by the Parties in accordance
with their respective rules. It shall enter into force on the date of the last
notification of completion of the internal procedures necessary to this end.

2. This Agreement shall apply from the beginning of the Euratom Framework
programme 2012-2013 until 31 December 2013. Notwithstanding
paragraph 5 below, during the period from 1 January 2013 until 30 June 2013
each Party may terminate this Agreement by written notice. In this case the Agreement shall cease to apply on 31 December 2012.

3. If this Agreement ceases to apply on 31 December
2012 pursuant to paragraph 2, Euratom shall honour its commitments to Swiss
beneficiaries entered into until the time one of the Parties received the
notification pursuant to paragraph 2 from the other Party. In case Switzerland terminates this Agreement pursuant to paragraph 2, Switzerland shall pay Euratom
compensation corresponding to the amount of Euratom's 2013 commitments to Swiss
beneficiaries until the time Euratom has received the Swiss notification. This
compensation shall be paid not later than 45 days after the receipt of the
request issued by the Commission. Paragraph II.2 of Annex B shall apply
accordingly. The Parties shall settle by common consent any other consequences.

4. This Agreement may be amended only in writing by common consent between the
Parties. The procedure for entry into force of amendments shall be the same as
the procedure applicable to the entry into force of this Agreement.

5. Each Party may terminate this Agreement at any time, subject to six months'
written notice.

6. Projects and activities in progress at the time of termination and/or expiry
of this Agreement shall continue until their completion under the conditions
laid down in this Agreement. The Parties shall settle by common consent any
other consequences of termination.

This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish,
Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian,
Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene,
Spanish and Swedish languages, each of those texts being equally authentic.

ANNEX A

PRINCIPLES ON THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS

I. Scope

For the purposes of this Agreement, ‘intellectual property’ shall have the
meaning defined in Article 2 of the Convention establishing the World
Intellectual Property Organisation, signed at Stockholm on 14 July 1967.

For the purposes of this Agreement, ‘knowledge’ means the results, including
information, whether or not they can be protected, as well as copyrights or
rights pertaining to such information, following applications for, or the issue
of, patents, designs, plant varieties, supplementary protection certificates or
similar forms of protection.

II. Intellectual property rights of the legal entities of the Parties

1. Each Party shall ensure that the intellectual
property rights of the legal entities of the other Party participating in the
activities undertaken under this Agreement and the rights and obligations
resulting from such participation are treated in a manner compatible with the
relevant international conventions applicable to the Parties, notably the TRIPS
Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights
administered by the World Trade Organisation), the Berne Convention (Paris Act
1971) and the Paris Convention (Stockholm Act 1967).

2. Legal entities established in Switzerland participating in indirect actions
under the Euratom Framework Programme 2012-2013 shall have intellectual
property rights and obligations under the conditions set out, in Council
Regulation (Euratom) No 139/2012 of 19 December 2011[5] and in the grant agreement
and/or contract concluded with the Euratom, in accordance with point 1.

3. Legal entities established in a European Union Member State participating in
Swiss research programmes and/or projects shall have the same intellectual
property rights and obligations as legal entities established in Switzerland participating in these research programmes or projects, in accordance with
point 1.

III. Intellectual property rights of the Parties

1. Unless otherwise agreed between the Parties, the
following rules shall apply to the knowledge generated by the Parties in the
course of the activities undertaken in accordance with Article 2(4) of this
Agreement:

(a) the Party generating the knowledge shall have ownership thereof. Where
their respective shares in the work cannot be determined, the Parties shall
co-own the knowledge;

(b) the Party holding ownership shall grant the other Party rights of access to
the knowledge with a view to the activities referred to in Article 2(4) of this
Agreement. No charge shall be made for granting rights of access to the
knowledge.

2. Unless otherwise agreed between the Parties, the following rules shall apply
to scientific literature from the Parties:

(a) where a Party publishes data, information and technical or scientific
results arising from the activities undertaken under this Agreement in
journals, articles, reports and books, including audiovisual works and
software, a worldwide, non-exclusive, irrevocable royalty-free licence to
translate, adapt, transmit and publicly distribute the works in question shall
be granted to the other Party;

(b) all copies of copyrighted data and information to be publicly distributed
and prepared under this section shall indicate the names of the author or
authors, unless an author expressly declines to be named. Copies shall also
bear a clearly visible acknowledgement of the cooperative support of the
Parties.

3. Unless otherwise agreed between the Parties, the following rules shall apply
to undisclosed information of the Parties:

(a) at the time of submission to the other Party of information relating to the
activities undertaken under this Agreement, each Party shall identify the
information which it wishes to remain undisclosed;

(b) for the specific purposes of application of this Agreement, the receiving
Party may, on its own responsibility, communicate undisclosed information to
bodies or persons under its authority;

(c) with the prior written consent of the Party providing undisclosed
information, the receiving Party may disseminate such information more widely
than otherwise permitted by subparagraph (b). The Parties shall cooperate in
developing procedures for requesting and obtaining prior written consent for
wider dissemination, and each Party shall grant such approval to the extent
permitted by its domestic policies, regulations and laws;

(d) non-documentary undisclosed or other confidential information provided in
seminars or other meetings of the representatives of the Parties arranged under
this Agreement, or information arising from the attachment of staff, use of
facilities or indirect actions must remain confidential, where the recipient of
such undisclosed or other confidential or privileged information was made aware
of the confidential character of the information before it was communicated, in
accordance with subparagraph (a);

(e) each Party shall ensure that undisclosed information which it acquires in
accordance with subparagraphs (a) and (d) shall be controlled as provided for
in this Agreement. If one of the Parties becomes aware that it will be, or may
be expected to become, unable to meet the non-dissemination provisions of
subparagraphs (a) and (d), it shall immediately inform the other Party. The
Parties shall thereafter consult to define an appropriate course of action.

ANNEX B

FINANCIAL RULES GOVERNING THE CONTRIBUTION OF SWITZERLAND

I. Determination of financial participation

1. The proportionality factor governing
Switzerland's contribution to the Euratom Framework programme 2012-2013, except
the Euratom Fusion Programme, shall be obtained by establishing the ratio
between Switzerland's gross domestic product, at market prices, and the sum of
gross domestic products, at market prices, of the Member States of the European
Union. The proportionality factor governing the Swiss contribution to the
Fusion Programme shall continue to be governed on the basis of the Fusion
Agreement. These ratios shall be calculated on the basis of the latest
statistical data from Eurostat, available at the time of publication of the
draft budget of the European Union for the same year.

2. The Commission shall communicate as soon as possible to Switzerland together with relevant background material:

(a) the amounts in commitment appropriations in the statement of expenditure of
the draft budget of the European Union corresponding to the Euratom Framework
Programme 2012-2013 in the year 2013;

(b) the estimated amount of the contributions derived from the draft budget,
corresponding to the possible participation of Switzerland in the Euratom
Framework Programme 2012-2013 in the year 2013.

3. As soon as the general budget for 2013 has been finally adopted, the
Commission shall communicate to Switzerland the above mentioned amounts in the
statement of expenditure.

4. Switzerland's financial contribution deriving from participation in the
Euratom Framework Programme 2012-2013 shall be established in addition to the
amount available each year in the general budget of the European Union for
commitment appropriations to meet the Commission's financial obligations
stemming from work to be carried out in the forms necessary for the
implementation, management and operation of the programmes and activities
covered by this Agreement.

II. Payment procedures

1. The Commission shall issue, at the latest on 31
December 2012 a call for funds to Switzerland corresponding to its contribution
under this Agreement for 2012. This call for funds shall provide for the
payment of Switzerland's contribution not later than 30 days after receipt of
the corresponding call for funds. For the purpose of calculating the amount in
Swiss francs in 2012 the exchange rate between the Swiss franc and Euro to be
used by the Commission shall be the market rate for the penultimate day of the
previous month quoted by the European Central Bank or, depending on the
availability, provided by the delegations or other appropriate sources close to
that date.

Unless this Agreement ceases to apply on 31 December
2012 in accordance with Art.13(2), the Commission shall issue after 1st
July and not later than November 2013, a call for funds to Switzerland
corresponding to the contribution under this Agreement for 2013 and established
on the basis of Point I.1 of this annex. This call for funds shall provide for
the payment of the said contribution not later than 30 days after the receipt
of the call.

2. The contributions of Switzerland for the year 2012 shall be paid in Swiss
francs and for the year 2013 shall be expressed and paid in Euro to the bank
account indicated by the Commission in the calls for payments.

3. Switzerland shall pay its contribution under this Agreement according to the
schedule in paragraph 1. Any delay in payment shall give rise to the payment of
interest at a rate equal to the one-month inter-bank offered rate (EURIBOR) as
on page EURIBOR01 of Reuters (Telerate page 248). This rate shall be increased
by 1.5 percentage point for each month of delay. The increased rate shall be
applied to the entire period of delay. However, the interest shall be due only
if the contribution is paid after the scheduled payment dates mentioned in
paragraph 1.

4. Travel costs incurred by Swiss representatives and experts for the purposes
of taking part in the work of the research committees and those involved in the
implementation of the Euratom Framework Programme 2012-2013 shall be reimbursed
by the Commission on the same basis as, and in accordance with, the procedures
currently in force for the representatives and experts of the Member States of
the European Union.

III. Conditions for implementation

1. The financial contribution of Switzerland to the Euratom Framework Programme 2012-2013 in accordance with this Annex
shall normally remain unchanged for the financial year in question.

2. The Commission, at the time of the closure of the accounts relating to each
financial year (n), within the framework of the establishment of the revenue
and expenditure account, shall proceed to the regularisation of the accounts
with respect to the participation of Switzerland, taking into consideration
modifications which have taken place, either by transfer, cancellations,
carry-overs, or by supplementary and amending budgets during the financial
year. This regularisation shall occur at the time of the first payment for the
year (n+1). However, the final such regularisation shall occur not later than
July of the fourth year following the end of the Euratom Framework Programme
2012-2013. Payment by Switzerland shall be credited to the Euratom programmes
as budget receipts allocated to the appropriate budget heading in the statement
of revenue of the general budget of the European Union.

IV. Information

1. At the time of the payment for the year 2013,
the statement of appropriations for the Euratom Framework Programme 2012-2013,
related to the year 2012, shall be prepared and transmitted to Switzerland for information, according to the format of the Commission's revenue and
expenditure account.

At the latest on 30 April 2014, the statement of appropriations for the Euratom
Framework Programme 2012-2013, related to the year 2013, shall be prepared and
transmitted to Switzerland for information, according to the format of the
Commission's revenue and expenditure account.

2. The Commission shall communicate to Switzerland statistics and all other
general financial data relating to the implementation of the Euratom Framework
Programme which is made available to the Member States.

ANNEX C

FINANCIAL CONTROL OF SWISS PARTICIPANTS IN THE EURATOM FRAMEWORK
PROGRAMME 2012-2013

I. Direct communication

The Commission shall communicate directly with the
participants in the Euratom Framework Programme 2012-2013 established in Switzerland and with their subcontractors. They shall submit directly to the Commission all
relevant information and documentation which they are required to submit on the
basis of the instruments referred to in this Agreement and of the grant
agreements and/or contracts concluded to implement them.

II. Audits

1. In accordance with Council Regulation (EC, Euratom) No 1605/2002[6], as last amended Regulation (EU
Euratom) No 1081/2010[7]
and Commission Regulation (EC, Euratom) No 2342/2002[8], as last amended by Regulation
(EC Euratom) No 478/2007[9]
and with the other rules referred to in this Agreement, the grant agreements
and/or contracts concluded with participants in the programme established in
Switzerland may provide for scientific, financial, technological or other
audits to be conducted at any time on the premises of the participants and of
their subcontractors by Commission agents or by other persons mandated by the
Commission.

2. Commission agents and other persons mandated by the Commission shall have
appropriate access to sites, works and documents and to all the information
required in order to carry out such audits, including in electronic form. This
right of access shall be stated explicitly in the grant agreements and/or
contracts concluded to implement the instruments referred to in this Agreement.

3. The European Court of Auditors shall have the same rights as the Commission.

4. The audits may be conducted after the Euratom Framework Programme 2012-2013
or this Agreement expires, on the terms laid down in the grant agreements
and/or contracts in question.

5. The Swiss Federal Audit Office shall be informed in advance of the audits
conducted on Swiss territory. Such notification shall not be a legal
precondition for carrying out such audits.

III. On-the-spot checks

1. Within the framework of this Agreement, the
Commission (OLAF) shall be authorised to carry out on-the-spot checks and
inspections on Swiss territory, in accordance with the terms and conditions
laid down in Council Regulation (Euratom, EC) No 2185/96[10] and Regulation (EC) No
1073/1999[11]
of the European Parliament and the Council.

2. On-the-spot checks and inspections shall be prepared and conducted by the
Commission in close collaboration with the Swiss Federal Audit Office or with
the other competent Swiss authorities designated by the Swiss Federal Audit
Office, which shall be notified in good time of the object, purpose and legal
basis of the checks and inspections, so that they can provide all the requisite
help. To that end, the officials of the competent Swiss authorities may
participate in the on-the-spot checks and inspections.

3. If the Swiss authorities concerned so wish, the on-the-spot checks and
inspections may be carried out jointly by the Commission and them.

4. Where the participants in the Euratom Framework Programme 2012-2013 resist
an on-the-spot check or inspection, the Swiss authorities, acting in accordance
with national rules, shall give Commission inspectors such assistance as they
need to allow them to discharge their duty in carrying out an on-the-spot check
or inspection.

5. The Commission shall report as soon as possible to the Swiss Federal Audit
Office any fact or suspicion relating to an irregularity which has come to its
notice in the course of the on-the-spot check or inspection. In any event the
Commission shall be required to inform the abovementioned authority of the
result of such checks and inspections.

IV. Information and consultation

1. For the purposes of proper implementation of
this Annex, the competent Swiss and Community authorities shall regularly
exchange information and, at the request of one of the Parties, shall conduct
consultations.

2. The competent Swiss authorities shall inform the Commission without delay of
any fact or suspicion which has come to their notice relating to an
irregularity in connection with the conclusion and implementation of the grant
agreements and/or contracts concluded in application of the instruments
referred to in this Agreement.

V. Confidentiality

Information communicated or acquired in any form
under this Annex shall be covered by professional secrecy and protected in the
same way as similar information is protected by Swiss law and by the
corresponding provisions applicable to the Community institutions. Such
information may not be communicated to persons other than those within the
Community institutions or in the Member States or Switzerland whose functions
require them to know it nor may it be used for purposes other than to ensure
effective protection of the Parties’ financial interests.

VI. Administrative measures and penalties

Without prejudice to application of Swiss criminal
law, administrative measures and penalties may be imposed by the Commission in
accordance with Regulations (EC, Euratom) No 1605/2002, as last amended by
Regulation (EU Euratom) No 1081/2010[12]
and (EC, Euratom) No 2342/2002 as last amended by Regulation (EC Euratom) No
478/2007[13]
and with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the
protection of the European Communities’ financial interests[14].

VII. Recovery and enforcement

Decisions taken by the Commission under the Euratom
Framework Programme 2012-2013 within the scope of this Agreement which impose a
pecuniary obligation on persons other than States shall be enforceable in Switzerland. The enforcement order shall be issued, without any further control than
verification of the authenticity of the act, by the authorities designated by
the Swiss government, which shall inform the Commission thereof. Enforcement
shall take place in accordance with the Swiss rules of procedure. The legality
of the enforcement decision shall be subject to control by the Court of Justice
of the European Union. Judgments given by the Court of Justice of the European
Union pursuant to an arbitration clause in a contract under the Euratom
Framework Programme 2012-2013 shall be enforceable on the same terms.

LEGISLATIVE FINANCIAL
STATEMENT FOR PROPOSALS

1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.        Title of the
proposal/initiative

Proposal for a decision of the Council on the signature and
conclusion on behalf of the European Atomic Energy Community of the "Agreement
on scientific and technological cooperation between
European Union and the European Atomic Energy Community, of the one part, and
the Swiss Confederation, of the other part, associating the Swiss Confederation
to the Framework Programme of the European Atomic Energy Community for nuclear
research and training activities (2012-2013)", or Euratom FP7+2.

1.2.        Policy area(s) concerned
in the ABM/ABB structure

Title 08 - Research

Title 10 – Direct Research

1.3.        Nature of the
proposal/initiative

 ̈ The
proposal/initiative relates to a new action

 ̈ The
proposal/initiative relates to a new action following a pilot project/preparatory
action[15]

 ̈ The proposal/initiative relates to the
extension of an existing action

X The proposal/initiative relates to an
action redirected towards a new action

Legislative proposal, secondary acquis -
International agreement between Euratom and a Third State pursuant to Art 101
of the Treaty establishing Euratom.

1.4.        Objective(s)

1.4.1.     The Commission's
multiannual strategic objective(s) targeted by the proposal/initiative

To associate Switzerland to the indirect and direct actions under
Euratom Framework Programme for nuclear research and training activities
(2012-2013), by conferring the status of associated third state to ensure
institutional representation of Switzerland in the respective bilateral,
multilateral and international Committees and bodies, by virtue of this
association; to receive Swiss financial and technical contribution for the
implementation of the Euratom Framework Programme (2012-2013).

Policy measure to encourage cooperation between Euratom and the Swiss Confederation under the form of association of
Switzerland to the Euratom Framework Programme for nuclear research and
training activities (2012-2013), in view of the importance of nuclear
scientific and technological research for the Parties, the
on-going joint
implementation of research programmes in fields of
reciprocal interest and the mutual interest of Euratom and Switzerland to
cooperate in fission and fusion nuclear research and to give reciprocal access
of their research entities to research technological development and training
activities.

1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned

Specific objective No..

NA

ABM/ABB activity(ies) concerned

NA

1.4.3.     Indicators of results and
impact

Specify the
indicators for monitoring implementation of the proposal/initiative.

NA

1.5.        Grounds for the
proposal/initiative

1.5.1.     Requirement(s) to be met in
the short or long term

Primary Law: Art 101 of the Treaty establishing Euratom, Chapter X
"External relations"

Secondary law, as follows:

-        the 1978 "Cooperation
Agreement between the European Atomic Energy community and the Swiss
Confederation in the field of controlled thermonuclear fusion and plasma
physcis;

-        the Framework Agreement on 8 January 1986 for scientific
and technical cooperation, which entered into force on 17 July 1987;

-        the Agreement on Scientific and Technological Cooperation,
which entered into force on 28 February 2008 and was retroactively applied as
of 1 January 2007;

-        the Agreement on the establishment of the ITER
International Fusion Energy Organization for the Joint Implementation of the
ITER project;

-        the exchange of Letters between Euratom and the Swiss
Confederation on the European Joint Undertaking for ITER and the Development of
Fusion Energy; and

-        the exchange of Letters between Euratom and the Swiss
Confederation on the Agreement between the Euratom and the Government of Japan
for the Joint Implementation of the Broader Approach Activities in the Field of
Fusion Energy Research between Euratom and Japan

1.5.2.     Added value of EU involvement

NA

1.5.3.     Lessons learned from similar
experiences in the past

NA

1.5.4.     Coherence and possible
synergy with other relevant instruments

NA

1.6.        Duration and financial
impact

Proposal/initiative of limited duration

–
X  Proposal/initiative in effect from 01/01/2012
to 31/12/2013

–
 ̈  Financial impact from YYYY to YYYY

 ̈ Proposal/initiative of unlimited
duration

–
Implementation with a start-up period from YYYY
to YYYY,

–
followed by full-scale operation.

1.7.        Management method(s)
envisaged

X Centralised direct management by the
Commission

 ̈ Centralised indirect management with the delegation of implementation tasks to:

–
 ̈  executive agencies

–
 ̈  bodies set up by the Communities[16]

–
 ̈  national public-sector bodies/bodies with public-service mission

–
 ̈  persons entrusted with the implementation of specific actions
pursuant to Title V of the Treaty on European Union and identified in the
relevant basic act within the meaning of Article 49 of the Financial Regulation

 ̈ Shared management with the Member States

 ̈ Decentralised management with third countries

 ̈ Joint management with international organisations (to be specified)

If more than one management mode is indicated, please
provide details in the "Comments" section

Comments

2.           MANAGEMENT MEASURES

2.1.        Monitoring and reporting
rules

Specify frequency
and conditions.

Monitoring system

The Commission will regularly evaluate all the actions carried out
under the Agreement, which will also be subject to a regular monitoring of the
implementation of this Agreement in the Switzerland/Communities Research
Committee under this Agreement. This evaluation will cover:

(a)      Performance indicators under the specific programmes of
Euratom Framework Programme (2012-2013):

-        number of proposals compared with the relative share of Switzerland’s participation in those programmes;

-        number of Swiss proposals selected for funding compared
with Swiss relative participation in those programmes;

-        numbers of Swiss contracts concluded and implemented with
ITER IO and F4E.

(b)     Gathering of information:

On the basis of data from the specific Euratom FP7+2 programmes;
upon request and on the basis of information exchanged at the
Switzerland/Communities Research Committee under this Agreement.

(c)      Overall evaluation:

The Commission will evaluate Switzerland's overall participation
under Euratom FP7+2, namely in the light of the duration of this association at
the expiration of this Agreement.

2.2.        Management and control
system

2.2.1.     Risk(s) identified

On the basis of data from the specific Euratom FP7+2 programmes;
upon request and on the basis of information exchanged at the
Switzerland/Communities Research Committee, as provided for under
Art 6 of the Agreement.

Other measures, as provided for by the Annex C on "Financial control
of Swiss Participants in the Euratom FP (2012-2013)", also including
communication and gathering of information.

2.2.2.     Control method(s) envisaged

NA

2.3.        Measures to prevent fraud
and irregularities

Specify existing or
envisaged prevention and protection measures.

Such measures are laid down in Annex C on "Financial control of
Swiss Participants in the Euratom FP (2012-2013)", namely

- Audits: the grant agreements and/or contracts concluded with
participants in the programme established in Switzerland may provide for
scientific, financial, technological or other audits to be conducted at any
time on the premises of the participants and of their subcontractors by
Commission agents or by other persons mandated by the Commission, in accordance
with Council Regulation (EC, Euratom) No 1605/2002[17], as
last amended Regulation (EU Euratom) No 1081/2010[18] and
Commission Regulation (EC, Euratom) No 2342/2002[19], as
last amended by Regulation (EC Euratom) No 478/2007[20] and
with the other rules referred to in this Agreement

The European Court of Auditors shall have the same rights as the
Commission as far as the audits are concerned.

The audits may be conducted after the Euratom Framework Programme
2012-2013 for this Agreement expires, on the terms laid down in the grant
agreements and/or contracts in question.

-        On-the-spot checks and inspections: Within the framework of
this Agreement, the Commission (OLAF) shall be authorised to carry out
on-the-spot checks and inspections on Swiss territory, in accordance with the
terms and conditions laid down in Council Regulation (Euratom, EC) No 2185/96[21] and Regulation (EC) No 1073/1999[22] of the
European Parliament and the Council

-        Administrative measures and penalties: Without prejudice to
application of Swiss criminal law, administrative measures and penalties may be
imposed by the Commission in accordance with Regulations (EC, Euratom) No
1605/2002, as last amended by Regulation (EU Euratom) No 1081/2010[23] and (EC, Euratom) No 2342/2002 as last amended by Regulation (EC Euratom)
No 478/2007[24] and with Council Regulation (EC, Euratom) No 2988/95 of 18 December
1995 on the protection of the European Communities’ financial interests.

-        Recovery measures are envisaged and
are enforceable in the Swiss territory

3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE

3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected

·
Existing expenditure budget lines

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Description........................................] || DA/NDA ([25]) || from EFTA[26] countries || from candidate countries[27] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

1 a || Operational expenditure || || || || ||

08 01 Administrative expenditure Research 08 01 05 01 Expenditure related to Research Staff 08 01 05 03 Other management expenditure for Research || NDA || NO || NO || YES || NO

·

·
New budget lines requested

· Not applicable

3.2.        Estimated impact on
expenditure

3.2.1.     Summary of estimated impact
on expenditure EUR million (to
3 decimal places)

Heading of multiannual financial framework: || 1 a || Competitiveness for Growth and Employment

Indirect Research || || || Year || Year || Year || TOTAL

Ÿ Operational appropriations || 2012 || 2013 || ≥ 2014 ||

Number of budget line: 08 2x total || Commitments || (1) || || || ||

Payments || (2) || || || ||

Appropriations of an administrative nature financed  from the envelop of specific programs[28] 08 01 xx xx total 08 01 05 01 Expenditure related to Research Staff 08 01 05 03 Other management expenditure Research || 0.237 0.127 0.110 || 0.154 0.089 0.065 || || 0.391 0.216 0.175

Number of budget line: 08 01 || || (3) || 0.237 || 0.154 || || 0.391

TOTAL appropriations for DG Research || Commitments || =1+1a +3 || 0.237 || 0.154 || || 0.391

Payments || =2+2a+3 || 0.237 || 0.154 || || 0.391

Ÿ TOTAL operational appropriations || Commitments || (4) || 0 || 0 || 0 || 0

Payments || (5) || || || ||

Ÿ TOTAL appropriations of an administrative nature financed from the envelop of specific programs || (6) || 0.237 || 0.154 || || 0.391

TOTAL appropriations under HEADING 1 a of the multiannual financial framework || Commitments || =4+ 6 || 0.237 || 0.154 || || 0.391

Payments || =5+ 6 || 0.237 || 0.154 || || 0.391

If more than one heading is
affected by the proposal / initiative:

Ÿ TOTAL operational appropriations || Commitments || (4) || || || ||

Payments || (5) || || || ||

Ÿ TOTAL appropriations of an administrative nature financed from the envelop of specific programs || (6) || 0.237 || 0.154 || || 0.391

TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 || 0.237 || 0.154 || || 0.391

Payments || =5+ 6 || 0.237 || 0.154 || || 0.391

Heading of multiannual financial framework: || 5 || " Administrative expenditure "

EUR million (to 3 decimal places)

|| || || Year 2012 || Year 2013 || TOTAL

DG: Research / Direct Research ||

Ÿ Human resources || 0 || 0 || 0

Ÿ Other administrative expenditure || 0 || 0 || 0

TOTAL DG <.......> || Appropriations || 0 || 0 || 0

TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0 || 0 || 0

EUR million (to 3 decimal places)

|| || || Year 2012 || Year 2013 || Year ≥ 2014 || TOTAL

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 0.237 || 0.154 || || 0.391

Payments || 0.237 || 0.154 || || 0.391

3.2.2.     Estimated impact on
operational appropriations

– X The proposal/initiative does not require the use of operational
appropriations

–  ̈  The
proposal/initiative requires the use of operational appropriations, as
explained below:

Commitment appropriations in EUR million
(to 3 decimal places)

Indicate objectives and outputs ò || || || Year 2012 || Year 2013 || TOTAL

OUTPUTS

Type of output[29] || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost

SPECIFIC OBJECTIVE No 1[30]... || || || || || ||

- Output – EURATOM Fusion || || || || || || || ||

- Output – EURATOM Fission || || || || || || || ||

Sub-total for specific objective N°1 || || || || || ||

SPECIFIC OBJECTIVE No 2... || || || || || ||

- Output – EURATOM Direct research- JRC || || || || || || || ||

Sub-total for specific objective N°2 || || || || || ||

TOTAL COST || || || || || ||

(*) estimated number
of outputs

3.2.3.     Estimated impact on
appropriations of an administrative nature

3.2.3.1.  Summary

–
 ̈  The proposal/initiative does not require the use of administrative
appropriations

–
X  The proposal/initiative requires the use of
administrative appropriations, as explained below:

EUR million (to 3
decimal places)

|| Year 2012 - N [31] || Year 2013 - N+1 || TOTAL

HEADING 5 of the multiannual financial framework || || ||

Human resources || || ||

Other administrative expenditure || || ||

Subtotal HEADING 5 of the multiannual financial framework || || ||

Outside HEADING 5[32] of the multiannual financial framework || 2012 || 2013 || TOTAL

Human resources || 0.127 || 0.089 || 0.216

Other expenditure of an administrative nature || 0.110 || 0.065 || 0.175

Subtotal outside HEADING 5 of the multiannual financial framework || 0.237 || 0.154 || 0.391

TOTAL || 0.237 || 0.154 || 0.391

3.2.3.2.  Estimated requirements of
human resources

–  ̈  The proposal/initiative does not require the use of human
resources

– X  The proposal/initiative requires the use of
human resources, as explained below:

Estimate to be expressed in full amounts
(or at most to one decimal place)

|| || Year 2012 - N || Year 2013 - N+1 ||

Ÿ Establishment plan posts (officials and temporary agents) ||

|| X 01 01 01 (Headquarters and Commission’s Representation Offices) || ||

|| xx 01 01 02 (Delegations) || ||

|| 08 01 05 01 (Indirect research) || 1 || 0.7

|| Ÿ External personnel (in Full Time Equivalent unit: FTE)[33] ||

|| XX 01 02 01 (CA, INT, SNE from the "global envelope") || ||

|| XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) || ||

|| 08 01 04 40 [34] || - at Headquarters[35] || ||

|| 08 01 05 02 (CA, INT, SNE - Indirect research) || ||

|| Other budget lines (specify) || ||

|| TOTAL || 1 || 0.7

XX is the policy area or budget title concerned.

The human resources required
will be met by staff from the DG who are already assigned to management of the action
and/or have been redeployed within the DG, together if necessary with any
additional allocation which may be granted to the managing DG under the annual
allocation procedure and in the light of budgetary constraints.

Description of
tasks to be carried out:

Officials and temporary agents || Preparation and management of Joint committee meetings foreseen and several missions ensuring the good functioning and implementation of the Agreement, as well as regular review and follow up.

3.2.4.     Compatibility with the
current multiannual financial framework

– X  Proposal/initiative is compatible the current
multiannual financial framework.

–  ̈  Proposal/initiative will entail reprogramming of the
relevant heading in the multiannual financial framework.

Not applicable

–  ̈  Proposal/initiative requires application of the
flexibility instrument or revision of the multiannual financial framework[36].

Not applicable

3.2.5.     Third-party contributions

–
X  The
proposal/initiative does not provide for co-financing by third parties

–
 ̈  The proposal/initiative
provides for the co-financing estimated below:

Appropriations in EUR million (to 3 decimal places)

|| Year 2012 || Year 2013

Specify the co-financing body ||

TOTAL appropriations co-financed * || ||

3.3.        Estimated impact on
revenue

–  ̈  Proposal/initiative has no financial impact on revenue.

– X  Proposal/initiative has the following
financial impact:

–
 ̈         on own resources

–
X          on miscellaneous
revenue

EUR million (to 3 decimal places)

Budget revenue line: || Appropriations available for the ongoing budget exercise || Impact of the proposal/initiative[37]

Year 2012* || Year 2013*

6013 || pm || 42.833 || 41.524

*the amounts for 2012
and 2013 are in MEURO and are to be considered as indicative figures. The
contribution finally requested will take account of corrections over the
previous year.

For miscellaneous
assigned revenue, specify the budget expenditure line(s) affected.

08 22 04 Appropriations accruing from contributions from
(non-European Economic Area) third parties to research and technological
development

10 03 02 Appropriations accruing from contributions
from (non-European Economic Area) third parties to research and technological
development

Specify the method for
calculating the impact on revenue.

The proportionality factor
governing Switzerland's contribution for the year 2012 and 2013 to the Euratom
Research programme, except the Euratom Fusion Programme, shall be obtained by
establishing the ratio between Switzerland's gross domestic product, at market
prices, and the sum of gross domestic products, at market prices, of the Member
States of the European Union.

The proportionality factor
governing the Swiss contribution to the Fusion Programme for the year 2012 and 2013
shall continue to be governed on the basis of the Fusion Agreement (Art.11.1)
The financial contribution of Switzerland to the EURATOM programme under this
Agreement ('78 Agreement) shall be fixed annually at a sum which bears the same
relation to Euratom 's share of the cost of the Euratom programme as the Swiss
gross domestic product bore to the total gross domestic product of both Euratom
and Switzerland in the antepenultimate year.

These ratios shall be calculated on the basis of the latest
statistical data from Eurostat, available at the time of publication of the
draft budget of the European Union for the same year.

Finally the proportionality factors will be applied to the EU
commitment appropriations as adopted by the EU Budgetary Authorities.

[1]               OJ
L 47, 18.2.2012, p. 25.

[2]               OJ
L 47, 18.2.2012, p. 1.

[3]               OJ
L 47, 18.2.2012, p. 33.

[4]               OJ
L 47, 18.2.2012, p. 40.

[5]               OJ
L 47, 18.2.2012, p. 1.

[6]               OJ
L 248, 16.9.2002, p. 1.

[7]               OJ
L 311, 26.11.2010, p. 9.

[8]               OJ
L 357, 31.12.2002, p. 1.

[9]               OJ
L 111, 28.4.2007, p. 13.

[10]             OJ
L 292, 15.11.1996, p. 2.

[11]             OJ
L 136, 31.5.1999, p. 1.

[12]             OJ
L 311, 26.11.2010, p. 9.

[13]             OJ
L 111, 28.4.2007, p. 13.

[14]             OJ L 312, 23.12.1995, p. 1.

[15]             As
referred to in Article 49(6)(a) or (b) of the Financial Regulation.

[16]             As
referred to in Article 185 of the Financial Regulation.

[17]             OJ
L 248, 16.9.2002, p.1.

[18]             OJ
L 311, 26.11.2010, p.9.

[19]             OJ
L 357, 31.12.2002, p.1.

[20]             OJ
L 111, 28.4.2007, p.13.

[21]             OJ
L 292, 15.11.1996, p.2.

[22]             OJ
L 136, 31.5.1999, p.1.

[23]             OJ
L 311, 26.11.2010, p.9.

[24]             OJ
L 111, 28.4.2007, p.13.

[25]             DA=
Differentiated appropriations / DNA= Non-Differentiated Appropriations

[26]             EFTA:
European Free Trade Association.

[27]             Candidate
countries and, where applicable, potential candidate countries from the Western
Balkans.

[28]             Technical
and/or administrative assistance and expenditure in support of the
implementation of EU programmes and/or actions (former "BA" lines),
indirect research, direct research.

[29]             Outputs
are products and services to be supplied (e.g.: number of student exchanges
financed, number of km of roads built, etc.).

[30]             As
described in Section 1.4.2. "Specific objective(s)..."

[31]             Year
N is the year in which implementation of the proposal/initiative starts.

[32]             Technical
and/or administrative assistance and expenditure in support of the
implementation of EU programmes and/or actions (former "BA" lines),
indirect research, direct research.

[33]             CA=
Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune
Expert en Délégation" (Young Experts in Delegations); LA= Local Agent;
SNE= Seconded National Expert;

[34]             Under the ceiling for external personnel from operational appropriations (former "BA"
lines).

[35]             Essentially
for Structural Funds, European Agricultural Fund for Rural Development (EAFRD) and European
Fisheries Fund (EFF).

[36]             See
points 19 and 24 of the Inter institutional Agreement.

[37]             As
regards traditional own resources (customs duties, sugar levies), the amounts
indicated must be net amounts, i.e. gross amounts after deduction of 25% for collection
costs.