EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 5.10.2004 
COM(2004) 645 final 
2004/0227 (CNS)   
Proposal for a 
COUNCIL DECISION 
concerning the signature of the Agreement between the European Community and the 
Swiss Confederation in the field of statistics 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement between the European Community and the Swiss 
Confederation in the field of statistics  
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
The very close relations between the Europe an Union and Switzerland in all economical, 
social and political matters make it desirable to  intensify the statisti cal cooperation. In fact, 
Eurostat has been co-operating with the Swiss Federal Statistical Office for many years. Such 
cooperation should have been implemented  through the Agreement on the European 
Economic Area (EEA). Switzerland was signatory party to this agreement but, after a negative 
referendum in 1992 was unable to ratify. Also, the Swiss request for accession of 20 May 
1992 was put on hold. 
Since the non-ratificatio n of the EEA by Switzerland there have been informal arrangements 
under which Switzerland has been invited to attend various lo w profile (mainly technical) 
meetings as an observer; these exclude the top level meetings such as the Statistical 
Programme Committee to which the EEA-EFTA c ountries participate as full members for 
EEA relevant items.  
Following the negative EEA referendum Switzerla nd has suggested developing relations with 
the European Union on a basis of sectoral bila teral agreements. This included an agreement 
on statistical cooperation. At the occasion of the signature of seven bilateral agreements 
between the European Community and Switzer land on 21 June 1999 both parties declared 
jointly their intention to undert ake negotiations with view to conclude an agreement on the 
Swiss participation in certain statis tical programmes of the Community. 
In 2000 the Council authoris ed the Commission to start negotia tions with Switzerland. In the 
guidelines for negotiation it was specified that the agreement should be based on the multi-annual Community Statistical Programme and work  towards harmonisation of data collection, 
nomenclatures, definitions and statistical me thodologies. Exchanges of staff were foreseen. 
The agreement would be overseen by a joint committee. 
The negotiations between the Commission and Sw itzerland took place over  the next years and 
were concluded on 25 June 2004 with the ini tialling of the agreement by the Directors-
General of Eurostat and the Swiss Federal Statistical Office. 
This agreement is in the interests of both pa rties. From the EU point of view, Switzerland 
already could be said to be participating in many aspects of the Community Statistical 
Programme (attendance at cert ain technical meetings, publica tion of data on Switzerland in 
EU publications, etc.) without making a financial contributi on. Under this  agreement, 
relations would be formalised. Switzerland w ould gain participati on in the European 
Statistical System and adopt a la rge proportion of the statistical acquis communautaire . The 
cost of participation being proposed exceeds th e cost that Switzerland would have paid under 
the EEA; the benefits to Switzerland would be marginally less that those afforded to EEA-
EFTA countries.  
Whilst Switzerland would be permitted to participate in the Community Statistical 
Programme, no Swiss participants  would be eligible for Comm unity financing. Thus it was 
not necessary to include in the agre ement provisions on financial control. 
The extent of the acquis communautaire that Switzerland is to adopt  is comparable to that 
contained in Annex XXI of the EEA Agreemen t; there are technical adaptations and some 
temporary derogations which are necessary to give Sw itzerland the opport unity to adapt its 
statistical system. 
 
EN 3   EN Proposal for a 
COUNCIL DECISION 
concerning the signature of the Agreement between the European Community and the 
Swiss Confederation in the field of statistics 
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to the Treaty establishing th e European Community, and in particular 
Article 80(2) in conjunction w ith Article 300 (2) thereof, 
Having regard to the proposal from the Commission1, 
Whereas: (1) The Council authorised the Commission on 20 July 2000 to negotiate with the Swiss 
Confederation on behalf of the Community an  agreement in the field of statistics. 
(2) The result of the negotiations  reflects duly the negotiating  directives issued by the 
Council. 
(3) Subject to its conclusion at a later date, it is desirable to sign the Agreement that was 
initialled on 25 June 2004. 
HAS DECIDED AS FOLLOWS: 
Sole Article 
Subject to its conclusion  at a later date, the Pr esident of the Council is  hereby authorized to 
designate the person empowered to sign on behalf of the European Community the 
Agreement between the European Community a nd the Swiss Confederation in the field of 
statistics including the accompanying Final Act
. 
Done at Brussels,  
 For the Council 
 The President   
                                                
 
1 OJ C , , p. . 
 
EN 4   EN 2004/0227 (CNS) 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement between the European Community and the Swiss 
Confederation in the field of statistics  
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to the Treaty establishing th e European Community, and in particular 
Article 80(2) in conjunction with Article 300(2) , first sentence, and Article 300(3), first sub-
paragraph thereof, 
Having regard to the proposal from the Commission2, 
Having regard to the opinion of the European Parliament3,  
Whereas: (1) On 20 July 2000, the Council authorised the Commission to negotiate with the Swiss 
Confederation an agreement in the field of statistics. 
(2) According to Council Decision …./…./CE of  ……2004, and subject to its conclusion 
at a later date, the Agreement was signed on behalf of the European Community on 
….2004. 
(3) The Agreement should be approved. 
HAS DECIDED AS FOLLOWS: 
Article 1 
The Agreement between the European Community and the Swiss Confederation in the field of 
statistics is hereby approved on behalf of the European Community
. 
The text of the Agreement is attached to this Decision. 
Article 2 
The Community shall be represented on the Jo int Committee set up under Article 3 of the 
Agreement by the Commission assisted by re presentatives of the Member States. 
                                                 
2 OJ C , , p. . 
3 OJ C , , p. . 
 
EN 5   EN The position to be taken by the Community as regards decisions of the Joint Committee shall 
be adopted by the Council, acting by qualified  majority on a proposal from the Commission, 
for matters relating to the fina ncial contribution of Switzerland and for substantial derogations 
regarding the extension of act s of Community legislation to Switzerland. For all other 
decisions of the Joint Committee and for recommendations the Community position shall be adopted by the Commission. 
Article 3 
The President of the Council shall effect the notification provided for in Article 13 of the 
Agreement on behalf of the European Community
4. 
Article 4 
This Decision shall be published in the Official Journal of the European Union . 
Done at Brussels,  
 For the Council 
 The President   
                                                
 
4 The date of entry into force of the Agreement will be published in the Official Journal of the European 
Union by the General Secretariat of the Council. 
 
EN 6   EN ANNEX  
 
EN 7   EN AGREEMENT 
between the European Community and the Sw iss Confederation on cooperation in the 
field of statistics 
THE EUROPEAN COMMUNITY, he reinafter referred to as  “the Community”, and 
THE SWISS CONFEDERATION, hereinafte r referred to as “Switzerland”, 
hereinafter together referred to  as the “Contracting Parties”, 
DESIRING to improve the co-operation between the Community and Switzerland in the field 
of statistics and, to that end, to define through this Agreement the principles and conditions 
governing that co-operation; 
CONSIDERING that appropriate measures should be established in orde r to realise a gradual 
harmonisation and ensure the coherent evolution of the legal framework for the collection of 
data, the classifications, the definitions and the me thodologies in statistics; 
WHEREAS common rules for the production of st atistics within the area covered by the 
Community and Switzerland are to be set out; 
AGREEING that it is appropriate to base those rules on the legislation which is in force 
within the Community; 
HAVE AGREED AS FOLLOWS: 
Article 1 
Subject matter 
1. This Agreement applies to the cooperation in the field of statistics between the 
Contracting Parties in order to ensure the production a nd dissemination of coherent 
and comparable statistical information for describing and monitoring all economic, social and environmental policies re levant for the bilateral cooperation. 
2. To this end, the Contracting Parties shall develop and use harmonised methods, 
definitions and classifications as we ll as common programmes and procedures 
organising statistical work at appropriate administrative levels and in accordance 
with the provisions laid down in this Agreement. 
3. The production of Contracti ng Parties’ statistics shall conform to impartiality, 
reliability, objectivity, scientific indepe ndence, cost-effectiveness and statistical 
confidentiality; it shall not entail excessive burdens on economic operators. 
 
EN 8   EN Article 2 
Legal acts in the field of statistics 
The Acts referred to in Annex A, as adapted by this Agreement, shall be binding upon the 
Contracting Parties. 
Article 3 
Joint Committee 
1. A Committee composed of representatives of  the Contracting Parties, to be known as 
the “Community/Switzerland Statistical Commi ttee” (hereinafter referred to as the 
Joint Committee), is hereby established.  
It shall be responsible for the administration of this Agreement and shall ensure its 
proper implementation. For this purpose it  shall make recommendations and take 
decisions in the cases provided for in this Agreement. The Joint Committee shall act by mutual agreement. A decision of the Joint Committee shall be binding upon the 
Contracting Parties. 
2. The Joint Committee and the Statistical Pr ogramme Committee (SPC) instituted by 
Council Decision 89/382 (EEC/Euratom) of 19  June 1989 shall organise their tasks 
for the purposes of this Agreement in combined meetings. 
3. The Joint Committee shall adopt, by a decision, its rules of procedure which shall 
include, among other provisions, the proce dures for convening meetings, appointing 
the Chair and laying down the Chair’s terms of reference. 
4. The Joint Committee shall meet as and when necessary. Either Contracting Party 
may request the convening of a meeting. Th e Joint Committee may decide to set up 
any subcommittee or working party that can  assist it in carrying out its tasks. 
5. A Contracting Party may at any time raise a matter of concern at the level of the Joint 
Committee. 
6. Each decision shall state the date of its implementation. The decisions shall be 
submitted if necessary for ratification or approval by the Contracting Parties in 
accordance with their own procedures and sha ll be put into effect  by the Contracting 
Parties in accordance with their own rules. 
Article 4 
New legislation 
1. The Agreement shall be without prejudi ce to the right of each  Contracting Party, 
subject to compliance with the provisions of this Agreement, to amend unilaterally 
its legislation on a point regul ated by this Agreement. 
 
EN 9   EN 2. During the period preceding the formal adop tion of new legisla tion, the C ontracting 
Parties shall inform and consult each other as  closely as possible.  At the request of 
either Contracting Party, a preliminary exch ange of views may take place in the Joint 
Committee. 
3. As soon as a Contracting Party has adopted an amendment of its legislation, it shall 
inform the other Contracting Party.  
4. The Joint Committee shall: 
– either adopt a decision revising Annex A and/or Annex B or, if necessary, 
propose a revision of the provisions of this Agreement, so as to incorporate therein, if necessary on a basis of reciprocity, the amendments made to the 
legislation in question; 
– or adopt a decision to the effect that the amendments to the legislation in 
question shall be regarded as being in  accordance with the proper functioning 
of this Agreement; 
– or decide any other measure to en sure the proper f unctioning of this 
Agreement. 
Article 5 
Statistical cooperation 
1. The Community statistical programme referred to in Chapter II of Council 
Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics, as from 
time to time adopted by European Parliament  and Council Decisions, shall constitute 
the framework for the statistical actions to be carried out by Switzerland for the 
relevant time periods covered by each pr ogramme. All main fields and statistical 
themes of the Community statistical programme shall be considered to be relevant for the Community/Switzerland statistical  cooperation and shall be open for full 
participation by Switzerland. 
2. A specific Community/Switzerland annual st atistical programme shall be developed 
every year as a subset of, and in pa rallel with, the a nnual work programme 
elaborated by the Commission in accordance  with the European Parliament and 
Council Decision establishing the specifi c relevant Community statistical 
programme. Each Community/Switzerland a nnual statistical programme shall be 
submitted for examination and approval to th e Joint Committee. It shall indicate in 
particular those actions within the themes  of the programme which are relevant and 
have priority for the Community/Switzer land statistic al cooperation during the 
programme period. 
3. Statistical information from Switzerland shal l be transmitted to Eurostat for storage, 
processing and dissemination. To this end, th e Swiss Federal Statistical Office shall 
work in close cooperation with Eurostat in order to  ensure that data from Switzerland 
are transmitted properly a nd disseminated to the vari ous user groups through the 
normal dissemination channels as part of  the Community/Switzerland statistics. 
 
EN 10   EN The handling of statistics from Switzerla nd shall be governed by Council Regulation 
(EC) No 322/97 of 17 February 1997 on Community Statistics. 
4. The Joint Committee shall examine the progress made in the framework for 
Community/Switzerland statistical actions. It shall in particular assess whether the objectives, priorities and actions planned duri ng the first three years of application of 
the agreement have been achieved. It shall also assess whether the contents of Annex 
A adequately reflect the concept of re levance as mentioned in Article 1.1. 
Article 6 
Participation 
1. Entities established in Switzerland shall be entitled to participate in specific 
Community programmes managed by Eurostat, with the same cont ractual rights and 
obligations as those of en tities established in the Community. However, entities 
established in Switzerland shall not be enti tled to receive any financial contribution 
from Eurostat. 
2. Swiss national experts may be seconded to Eurostat. The costs associated with the 
secondment of Swiss national experts to Euro stat, including salari es, social security 
costs, provision for pensions, daily and trav el allowances, shall be borne entirely by 
Switzerland. 
3. Entities established in the European Union sh all be entitled to participate in specific 
programmes managed by the Swiss Federal Statistical Office, with the same 
contractual rights and obligations as thos e of entities established in Switzerland. 
Article 7 
Other forms of cooperation 
1. Transfer of technology in the field of sta tistics between the Swi ss Federal Statistical 
Office and Eurostat may take place by mutual agreement. 
2. The Contracting Parties may exchange any information in the field of statistics. 
3. The statistical services of the Contrac ting Parties may exchange officials. The 
statistical services of the Member Stat es of the Community may also exchange 
officials with Switzerland. The conditions under which these exchanges take place 
shall be agreed directly between the involved statis tical services. 
Article 8 
Financial provisions 
1. In order to cover the enti rety of the costs of its pa rticipation, Switzerland shall 
contribute financially to the Community Statistical Programme on an annual basis 
from the entry into force of the agreement.  
 
EN 11   EN 2. The rules governing Switzerland’s financia l contribution are set out in Annex B. 
Article 9 
Non-discrimination 
Within the scope of application of this Ag reement, and without prejudice to any special 
provisions contained therein, any discrimination of grounds of nati onality shall be prohibited. 
Article 10 
Fulfilment of obligations 
The Contracting Parties shall take  all appropriate measures, whet her general or particular, to 
ensure fulfilment of the obligations arising out of this Agreement and shall refrain from any 
measures which would jeopardise attainment  of the objectives of this Agreement. 
Article 11 
Annexes 
The Annexes shall form an integral part of this Agreement. 
Article 12 
Territorial application 
The provisions of this Agreement shall apply, on the one hand, to the territories in which the 
Treaty establishing the European Community is applied and under the terms laid down in that 
Treaty and, on the other hand, to the territory of  Switzerland. 
Article 13 
Entry into force and duration 
1. This Agreement shall be ratified or approved by the Contracting Parties in 
accordance with their own procedures. It sh all enter into force on the first day of 
January of the year following the day on which the Contracting Parties notify each 
other that the procedures necessary to this end have been completed. 
2. This Agreement shall be concluded for an initial period of five years. Unless written 
notice of termination is give n six months before the ex piration of this period, the 
Agreement shall be considered  as renewed indefinitely. 
3. Either Contracting Party may terminate th is Agreement by a written notification to 
the other Contracting Party. The Agreement shall cease to be in force six months after the date of such notification. 
 
EN 12   EN Article 14 
Authentic texts 
This Agreement is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, 
Finnish, French, German, Greek, Hungarian, Ita lian, Latvian, Lithuanian, Polish, Portuguese, 
Slovak, Slovenian, Spanish, and Swedish langua ges, each of these texts being equally 
authentic. 
Done at (…) on (…) 
For the European Community     For the Swiss Confederation 
 
EN 13   EN ANNEX A  
LEGAL ACTS IN THE FIELD OF STATISTICS 
Sectoral adaptation  
1. The term “Member State(s)” contained in the acts referred to in this Annex shall be 
understood to include Switzerland, in addition to its meaning in the relevant 
European Community acts. 
2. Provisions laying down by whom the costs fo r carrying out surveys and the like shall 
be borne shall not apply for th e purposes of this Agreement. 
Acts referred to  
Business statistics  
– 397 R 0058: Council Regulation (EC, Eurato m) No 58/97 of 20 December 1996 
concerning Structural Bu siness Statistics (OJ L 14, 17.1.1997, p. 1), as amended by: 
– 398 R 0410: Council Regulation (EC, Euratom) No 410/98 of 16 February 1998 (OJ 
L 52, 21.2.1998, p. 1), 
– 32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and of 
the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations: 
(a) The first reference years for which stat istics are to be compiled by Switzerland 
are the following: 
– For Annex 1 Section 5 (First referen ce year) and section 11 (Transition 
period), is calendar year 2002, 
– For Annex 2 Section 5 (First referen ce year) and section 10 (Transition 
period), is calendar year 2002 for all y early statistics, calendar year 2003 
for the 2-yearly char acteristics 20210 to 20310 , calendar year 2002 for 
the 3-yearly characte ristic 23110, calendar year 2004 for the 4-yearly 
characteristic 16135, calendar year 2003 for the 4-yearly characteristics 
15420, 15441 and 15442, 
– For Annex 3 Section 5 (First referen ce year) and section 10 (Transition 
period), is calendar year 2002 for all y early statistics, calendar year 2002 
for the 5-yearly characte ristics relating to divi sion 52, calendar year 2003 
for the 5-yearly characte ristics relating to divi sion 51, calendar year 2005 
for the 5-yearly characterist ics relating to division 50, 
– For Annex 4 Section 5 (First referen ce year) and section 10 (Transition 
period), is calendar year 2002 for all y early statistics, calendar year 2003 
for the 2-yearly char acteristics 20210 to 20310 , calendar year 2002 for 
 
EN 14   EN the 4-yearly characteristics 16131  and 16132, calendar year 2003 for the 
3-yearly characteristics 23110, 23120, 15420, 15441 and 15442, 
– For Annex 5 Section 5 (First refere nce year) and sect ion 9 (Transition 
period), is calendar year 2002, 
– For Annex 6 Section 5 (First referen ce year) and section 10 (Transition 
period), is calendar year 2004, 
– For Annex 7 Section 5 (First referen ce year) and section 10 (Transition 
period), is calendar year 2003; 
(b) For the purposes of annexes 1 to 7 th e transition period will not extend more 
than four years beyond th e first reference years for the compilation of the 
statistics indicated in Section 5 of th e 5 annexes, and as amended in (a); 
(c) For the annexes 1, 2, 3 and 4 Switzerland  is exempted from providing data as 
amended in (a) for the years 2002, 2003, 2004 and 2005; 
(d) For the annex 5 Switzerland is exempt ed from providing data as amended in 
(a) for the years 2002, 2003, 2004 and 2005; 
(e) For the annexes 6 and 7 Switzerland is exempted from providing data as 
amended in (a) for the years 2003, 2004, 2005 and 2006; 
(f) Switzerland shall not be bound by the regional breakdown of the data as 
required by this Regulation; 
(g) Switzerland is exempted from providing data at the 4-digit level of the NACE 
REV 1; 
(h) Switzerland is exempted from prov iding data required by the Regulation for 
kind of activity units. 
– 398 R 2700:  Commission Regulation (EC) No 2700/98 of 17 December 1998 
concerning the definitions of characteristic s for structural busi ness statistics (OJ L 
344, 18.12.1998, p. 49), as amended by: 
– 32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and 
of the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1). 
– 398 R 2701:  Commission Regulation (EC) No 2701/98 of 17 December 1998 
concerning the series of data to be produ ced for structural business statistics (OJ L 
344, 18.12.1998, p. 81), as amended by: 
– 32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and 
of the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1). 
– 398 R 2702:  Commission Regulation (EC) No 2702/98 of 17 December 1998 
concerning the technical format for the transmission of structural business statistics (OJ L 344, 18.12.1998, p. 102), as amended by: 
 
EN 15   EN – 32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and 
of the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1). 
– 399 R 1618: Commission Regulation (EC) No 1618/1999 of 23 July 1999 
concerning the criteria for the evaluation of quality of structural business statistics (OJ L 192, 24.7.1999, p. 11).  
– 399 R 1225: Commission Regulation (EC) No 1225/ 99 of 27 May 1999 concerning 
the definitions of character istics for insurance servic es statistics (OJ L 154, 
19.6.1999, p. 1). 
– 399 R 1227: Commission Regulation (EC) No 1227/ 99 of 28 May 1999 concerning 
the technical format for the transmission of  insurance services statistics (OJ L 154, 
19.6.1999, p.75). 
– 399 R 1228: Commission Regulation (EC) No 1228/ 99 of 28 May 1999 concerning 
the series of data to be produced for insurance services statistics (OJ L 154, 
19.6.1999, p. 91). 
– 398 R 1165: Council Regulation (EC) No 1165/98 of 19 May 1998 concerning short-
term statistics (OJ L 162, 5.6.1998, p. 1), as amended by: 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations 
(a) Switzerland shall supply data as from the first quarter 2007; 
(b) Switzerland is exempted from providing data at the 4-digit level of the NACE 
REV 1. 
– 32001 R 0586: Commission Regulation (EC) No 586/2001 of 26 March 2001 
on implementing Council Regulation (EC)  No 1165/98 concerning short-term 
statistics as regards the definition of Main Industrial Groupings (MIGS) (OJ L 
086, 27.3.2001, p. 0011) 
– 32001 R 0588: Commission Regulation (EC) No 588/2001 of 26 March 2001 
(OJ L 86, 27.3.2001, p. 18) 
– 393 R 2186: Council Regulation (EEC) No 2186/93 of 22 July 1993 on Community 
coordination in drawing up business registers for statistical purposes (OJ L 196, 5.8.1993, p.1). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations: 
(a) Switzerland shall put into effect the measures necessary to comply with this 
regulation by 1 January 2006; 
(b) For Switzerland, entry I (k) of annexe  II of the Regulation shall not apply. 
 
EN 16   EN Transport and tourism statistics  
– 398 R 1172: Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical 
returns in respect of the carriage of goods by ro ad (OJ L 163, 6.6.1998, p. 1), as 
amended by: 
– 399 R 2691: Commission Regulation (EC) No 2691/99 of 17 December 1999 
(OJ L 326, 18.12.1999, p. 39). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptation: 
Switzerland shall collect the data required by this regulation from, at the latest, 
beginning of year 2006 onwards. 
– 32001 R 2163:  Commission Regulation (EC) No  2163/2001 of 7 November 2001 
concerning the technical arrangements for data transmission for statistics on the 
carriage of goods by road (OJ L 291, 8.11.2001, p. 13). 
– 32003 R 0006: Commission Regulation (EC) No 6/2003 of 30 December 2002 
concerning the dissemination of statistics on the carriage of goods  by road (OJ L 1, 
4.1.2003, p. 45). 
– 32003 R 0091:  Regulation (EC) No 91/2003 of the European Parliament and of the 
Council of 16 December 2002 on rail tr ansport statistics (OJ L 14, 21.1.2003, p.1-
15), as amended by: 
– 32003 R 1192: Commission Regulation (EC) No  1192/2003 of 3 July 2003 (OJ 
L 167, 4.7.2003, p. 13). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptation: 
Switzerland shall collect the data required by this regulation from, at the latest, 
beginning of year 2006 onwards. 
– 380 L 1119: Council Directive 80/1119/EEC of 17 November 1980 on statistical 
returns in respect of carriage of goods  by inland waterways (OJ L 339, 15.12.1980, p. 
30). 
– 395 L 0064: Council Directive 95/64/EC, Euratom of 8 December 1995 on statistical 
returns in respect of carriage of goods and passengers by sea (OJ L 320, 30.12.1995, 
p. 25), as amended by: 
– 398 D 0385: Commission Decision 98/385/EC of 13 May 1998 (OJ L 174, 
18.6.1998, p. 1), 
– 32000 D 0363: Commission Decision 363/2000/EC  of 28 April 2000 (OJ L 
132, 5.6.2000, p.1). 
– 32001 D 0423: Commission Decision of 22 May 2001 on arrangements for 
publication or dissemination of the statis tical data collected pursuant to Council 
 
EN 17   EN Directive 95/64/EC on statistical return s in respect of carriage of goods and 
passengers by sea (OJ L, 7.6.2001, p. 41). 
– 32003 R 0437:  Regulation (EC) No 437/2003 of the European Parliament and of the 
Council of 27 February 2003 on statistical re turns in respect of the carriage of 
passengers, freight and mail by air (OJ L 066, 11.03.2003, p. 1), as amended by: 
– 32003 R 1358: Commission Regulation (EC) No 1358/2003 of 31 July 2003 
(OJ L 194, 1.8.2003, p. 9). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptation: 
Switzerland shall collect the data required by this regulation from, at the latest, 
beginning of year 2006 onwards. 
– 393 D 0704: Council Decision 93/704/EC of 30 N ovember l993 on the creation of a 
Community database on road accidents (OJ L 329, 30.12.1993, p. 63). 
– 395 L 0057: Council Directive 95/57/EC of 23 N ovember 1995 on the collection of 
statistical information in the fi eld of tourism (OJ L 291, 6.12.1995, p. 32). 
The provisions of the Directiv e shall, for the purposes of the present Agreement, be 
read with the following adaptation: 
Switzerland shall collect the da ta required by this Directive from, at the latest, 2007 
onwards. 
– 399 D 0035 : Commission Decision 1999/35/EC  of 9 December 1998 on the 
procedures for implementing Council Di rective 95/57/EC on the collection of 
statistical information in the fi eld of tourism (OJ L 9, 15.1.1999, p. 23). 
Foreign trade statistics  
– 395 R 1172: Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics 
relating to the trading of goods by the Commu nity and its Member  States with non-
member countries (OJ L 118, 25.5.1995, p. 10), as amended by: 
– 397 R 0476 : Council Regulation (EC) No 476/97 of 13 March 1997 (OJ L 75, 
15.3.1997, p. 1), 
– 398 R 0374: Council Regulation (EC) No 374/98 of 12 February 1998 (OJ L 
48, 19.2.1998, p. 6). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations: 
(a) For Switzerland the statistical territory shall comprise the customs territory; (b) Switzerland shall not be bound to co mpile statistics of trade between 
Switzerland and Liechtenstein; 
 
EN 18   EN (c) The classification referred to in Article 8(2) shall be made at least down to first 
six digits; 
(d) Article 10(1)(h), (j) shall not apply; 
(e) Article 10(1)(i): The nati onality of the means of transport crossing the frontier 
is only applicable for road transport; 
– 32000 R 1917: Commission Regulation No 1917/2000 of 07 September 2000 laying 
down certain provisions for the implement ation of Council Regulation (EC) N° 
1172/95 as regards statis tics on external trade (OJ L229, 9.9.2000, p. 14), as 
amended by:  
– 32001 R 1669: Commission Regulation (EC) No  1669/2001 of 20 August 2001 (OJ 
L 224, 21.8.2001, p. 3). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations: 
(a) The reference to Regulation (EC) No 2454/96 in Article 6(1) is not applicable; 
(b) The following new subparagraph shall be added to Article 7(1)(a): “For Switzerland “country of or igin” shall be taken to mean the country in which the 
goods originated within the meaning of the national ru les of origin.”; 
(c) The following new subparagraph shall be added to Article 9(2): “For Switzerland “the custom s value” shall be defined within the respective national 
rules.”; 
(d) Article 11(2) is not applicable; (e) Section 2 (Articles 16 -19) is not applicable. 
– 32002 R 1779: Commission Regulation (EC) No  1779/2002 of 4 October 2002 on 
the nomenclature of countries and territories for the external trad e statistics of the 
Community and statistics of trade between Member States (OJ L 269, 5.10.2002, p. 
6). 
Statistical principles and confidentiality
 
– 390 R 1588: Council Regulation (EEC) No 1588/90 of 11 June 1990 on the 
transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (OJ L 151, 15.6.1990, p. 1). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations: 
(a) The following new paragraph is added to Article 2: 
 
EN 19   EN "11. Staff of the Office of the EFTA Statisti cal Adviser: staff of the EFTA Secretariat 
working on the premises of the SOEC."; 
(b) In the second sentence of Article 5(1), the term "SOEC" is replaced by "SOEC 
and of the Office of the EF TA Statistical Adviser"; 
(c) The following new subparagraph is added to Article 5(2): "Confidential statistical data transmitte d to the SOEC through the Office of the 
EFTA Statistical Adviser shall be accessible also to the staff of this Office."; 
(d) In Article 6, the term "SOEC" shall, for these purposes, be read as to include 
the Office of the EFTA Statistical Adviser. 
– 397 R 0322:  Council Regulation (EC) No  322/97 of 17 February 1997 on 
Community Statistics (OJ L 52, 22.2.1997, p. 1). 
– 32002 R 0831 : Commission Regulation (EC) No 831/2002 of 17 May 2002 
implementing Council Regulation (EC) No 322/97 on Community Statistics, 
concerning access to confidential data for scientific purposes (OJ L 133, 18.5.2002, 
p. 7). 
Demographic and social statistics
 
– 376 R 0311 : Council Regulation (EEC) No 311/76 of 9 February 1976 on the 
compilation of statistics on fore ign workers (OJ L 39, 14.2.1976, p. 1). 
– 398 R 0577: Council Regulation (EC) No 577/98 of 9 March 1998 on the 
organisation of a labour force sample survey in the Community (OJ L 77, 14.3.1998, 
p. 3), as amended by: 
– 32002 R 1991: Regulation (EC) No 1991/2002 of the European Parliament and 
of the Council of 8 October 2002 (OJ L 308, 9.11.2002, p. 1), 
– 32002 R 2104: Commission Regulation (EC) No 2104/2002 of 28 November 
2002 (OJ L 324, 29.11.2002, p. 14). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptation: 
(a) Irrespective of the provisions of Articl e 1, Switzerland is permitted to carry out 
an annual survey until 2007; 
(b) For Switzerland, irrespective of the pr ovisions of Article 2(4), the sampling 
unit is an individual and the informati on concerning the other members of the 
household may include at least the char acteristics listed under Article 4(1). 
– 32000 R 1575: Commission Regulation (EC) No 1575/2000 of 19 July 2000 
implementing Council Regulation (EC) No  577/98 on the organi sation of a labour 
force sample survey in the Community c oncerning the codificati on to be used for 
data transmission from 2001 onwards (OJ L 181, 20.7.2000, p. 16). 
 
EN 20   EN – 32000 R 1897 : Commission Regulation (EC) No  1897/2000 of 7 September 2000 
implementing Council Regulation (EC) No  577/98 on the organi sation of a labour 
force sample survey in the Community concerning the operational definition of 
unemployment (OJ L 228, 8.9.2000, p. 18) 
– 32002 R 2104: Commission Regulation (EC) No 2104/2002 of 28 November 2002 
adapting Council Regulation (EC) No 577/98 on the organisation of a labour force 
sample survey in the Community and Commission Regulation (EC) No 1575/2000 
implementing Council Regulation (EC) No 577/ 98 as far as the list of education and 
training variables and their codification to be used for data transmission from 2003 
onwards are concerned (OJ L 324, 29.11.2002, p. 14). 
– 32003 R 0246: Commission Regulation (EC) No  246/2003 of 10 February 2003 
adopting the programme of ad hoc modul es, covering the years 2004 to 2006, to the 
labour force sample survey provided by C ouncil Regulation (EC) No 577/98 (OJ L 
34, 11.2.2003, p. 3). 
– 399 R 0530: Council Regulation (EC) No 530/1999 of 9 March 1999 concerning 
structural statistics on earnings and labour costs (OJ L 63, 12.3.1999, p. 6). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations: 
(a) Switzerland shall collect the data required by this Regulation for the first time 
in 2008 for the statistics on the level a nd composition of labour costs and in 
2006 for the statistics on the stru cture and distribution of earnings; 
(b) For the years 2006 and 2008, Switzerland shall be permitted to provide data 
required in Article 6(1)(a), (2)(a) based on enterprises. 
– 32000 R 0452: Commission Regulation (EC) No  452/2000 of 28 February 2000 
implementing Council Regulation (EC) No 530/1999 concerning stru ctural statistics 
on earnings and on labour costs as rega rds quality evaluation on labour costs 
statistics (OJ L 55, 29.2.2000, p. 53). 
– 32000 R 1916: Commission Regulation (EC) No  1916/2000 of 8 September 2000 on 
implementing Council Regulation (EC) No 530/1999 concerning stru ctural statistics 
on earnings and on labour costs as regard s the definition and transmission of 
information on structure of earnings (OJ L 229, 9.9.2000, p. 3). 
– 399 R 1726: Commission Regulation (EC) No 1726/1999 of 27 July 1999 
implementing Council Regulation (EC) No 530/1999 concerning stru ctural statistics 
on earnings and on labour costs as rega rds the definition and transmission on 
information on labour costs (OJ L 203, 3.8.1999, p. 28). 
– 32002 R 0072 : Commission Regulation (EC) No 72/2002 of 16 January 2002 
implementing Council Regulation (EC) No 530/1999 as regards quality evaluation of structural statistics on earnings (OJ L 15, 17.1.2002, p. 7.).  
– 32003 R 0450:  Regulation (EC) No 450/2003 of the European Parliament and of the 
Council of 27 February 2003 concerning th e labour cost index (OJ L 069, 13.3.2003, 
p. 1), as amended by: 
 
EN 21   EN – 32003 R 1216: Commission Regulation (EC) No  1216/2003 of 7 July 2003 (OJ 
L 169, 8.7.2003, p. 37). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations: 
Switzerland shall compile the data required by this regulation for the first time at the 
beginning of 2007, and thereafter for each quarter. 
– 32003 R 1177: Regulation (EC) No 1177/2003 of the European Parliament and of 
the Council of 16 June 2003 concerning commu nity statistics on income and living 
conditions (EU-SILC) (OJ L 165, 3.7.2003, p. 1) 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptation: 
Switzerland shall collect the da ta required by this Directive from, at the latest, 2007 
onwards. 
Economic statistics  
– 32003 R 1287:  Council Regulation (EC, Eurato m) No 1287/2003 of 15 July 2003 on 
the harmonisation of gross national income at  market prices (GNI Regulation) (OJ L 
181, 19.7.2003, p. 1). 
– 395 R 2494: Council Regulation (EC) No 2494/95 of 23 October 1995 concerning 
harmonized indices of consumer prices (OJ L 257, 27.10.1995, p. 1). 
For Switzerland the Regulation applies to  the harmonization of consumer price 
indices for international comparisons. It is  not relevant as regards the explicit 
purposes of calculating harmonized CPI's in the context of the Economic and Monetary Union. 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations: 
(a) Article 2c, as well as references to  MUICP in Articles 8(1) and 11, are not 
applicable; 
(b) Article 5(1)(a) is not applicable; (c) Article 5(2) is not applicable; (d) The consultation of the EMI as specif ied in Article 5(3) is not applicable; 
(e) Switzerland shall supply da ta required by this Regulati on, at the latest, with the 
index for January 2007 onwards. 
– 396 R 1749: Commission Regulation (EC) No 1749/96 of 9 September 1996 on 
initial implementing measures for Counc il Regulation (EC) No 2494/95 concerning 
harmonized indices of consumer prices (OJ L 229, 10.9.1996, p. 3), as amended by: 
 
EN 22   EN – 398 R 1687: Council Regulation (EC) No 1687/98 of 20 July 1998 (OJ L 214, 
31.7.1998, p.12). 
– 398 R 1688: Council Regulation (EC) No 1688/98 of 20 July 1998 (OJ L 214, 
31.7.1998, p 23). 
– 396 R 2214: Commission Regulation (EC) No  2214/96 of 20 November 1996 
concerning harmonized indices of consumer  prices: transmission and dissemination 
of sub-indices of the HICP (OJ L 296, 21.11.1996, p. 8), as amended by: 
– 399 R 1749: Commission Regulation (EC) No  1749/1999 of 23 July 1999 (OJ 
L 214, 13.8.1999, p. 1), as corrected by OJ L 267, 15.10.1999, p. 59. 
– 399 R 1617: Commission Regulation (EC) No  1617/1999 of 23 July 1999 (OJ 
L 192, 24.7.1999, p. 9). 
– 32001 R 1920 : Commission Regulation (EC)  No 1920/2001 of 28 September 
2001 (OJ L 261, 29.9.2001, p. 46), as corrected by OJ L 295, 13.11.2001, p. 34. 
– 396 R 2223: Council Regulation (EC) No 2223/96 of 25 June 1996 on the European 
system of national and regional acc ounts in the Community (OJ L 310, 30.11.1996, 
p. 1), as amended by: 
– 398 R 0448: Council Regulation (EC) No 448/98 of 16 February 1998 (OJ L 
58, 27.2.1998, p. 1). 
– 32000 R 1500: Commission Regulation (EC) No 1500/2000 of 10 July 2000 
(OJ L 172, 12.7.2000, p. 3). 
– 32000 R 2516:  Regulation (EC) No 2516/2000 of the European Parliament and 
of the Council of 7 November 2000 (OJ L 290, 17.11.2000, p. 1) 
– 32001 R 0995:  Commission Regulation (EC)  No 995/2001 of 22 May 2001 
(OJ L 139, 23.05.2001, P. 3) 
– 32001 R 2558:  Regulation (EC) No 2558/2001 of the European Parliament and 
of the Council of 3 December 2001 (OJ L 344, 28.12.2001, p. 1-4). 
– 32002 R 0113: Commission Regulation (EC) No 113/2002 of 23 January 2002 
(OJ L 21, 24.1.2002, p. 3). 
– 32002 R 1889:  Commission Regulation (EC)  No 1889/2002 of 23 October 
2002 (OJ L 286, 24.10.2002, p. 1). 
– 32003 R 1267:  Regulation (EC) No 1267/2003 of the European Parliament and 
of the Council of 16 June 2003 (OJ L 180, 18.7.2003, p. 1). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations: 
 
EN 23   EN (a) Switzerland shall be permitted to compile  data by institutional units when the 
provisions of this Regula tion refer to industry; 
(b) Switzerland shall not be bound by the regional breakdown of the data as 
required by this Regulation; 
(c) Switzerland shall not be bound by EU/third countri es breakdown of exports 
and imports of services as required by this Regulation; 
(d) Switzerland shall put into effect the m easures necessary to allocate FISIM, at 
the latest, 2006 onwards; 
(e) In Annex B, Derogations concerning th e tables to be supplied in the framework 
of the questionnaire “ESA-95” by country , the following shall be added after 
point 15 (Iceland): 
 
EN 24   EN “16. SWITZERLAND 
16.1 Derogations for tables  
Table No Table Derogation Until 
1 Main aggregates, annual 
and quarterly Transmission for 1990 onwards  
2 Main aggregates of the 
general government Transmission delay: t+8 months 
Periodicity : annual 
Transmission for 1990 onwards Unlimited 
Unlimited 
3 Tables by industry Transmission for 1990 onwards  
4 Exports and imports by 
EU/third countries Transmission for 1998 onwards  
5 Household final 
consumption expenditure 
by purpose Transmission for 1990 onwards  
6 Financial accounts by 
institutional sectors Transmission for 1998 onwards 2006 
7 Balance sheets for 
financial assets and 
liabilities Transmission for 1998 onwards 2006 
8 Non-financial accounts 
by institutional sectors Transmission delay: t+18 months 
Transmission for 1990 onwards Unlimited 
 
9 Detailed tax and social 
contributions receipts by 
sector Transmission delay: t+18 months 
Transmission for 1998 onwards Unlimited 
 
10 Tables by industry and 
region, NUTS II, A17 No regional breakdown  
11 General government 
expenditure by function Transmission for 2005 onwards 
No Backward calculations 2007 
12 Tables by industry and 
by region, NUTS III, A3 No regional breakdown  
13 Household accounts by 
region, NUTS II No regional breakdown  
14-22 In accordance to derogation (a) of the present Regulation, Switzerland shall be 
exempted to provide data  for tables 14 to 22.   
– 398 D 0715:  Commission Decision 98/715/EC of  30 November 1998 clarifying 
Annex A to Council Regulation (EC) No  2223/96 on the European system of 
national and regional accounts in the Community as con cerns the principles for 
measuring prices and volumes (OJ L 340, 16.12.1998, p. 33). 
The Provisions of the Decision shall, for the purposes of the present Agreement, be 
read with the following adaptation: 
 
EN 25   EN Article 3 (classification of  methods by product) shall not apply to Switzerland. 
– 397 D 0178: Commission Decision 97/178/EC, Eu ratom of 10 February 1997 on the 
definition of a methodology for the transiti on between the European System of 
National and Regional Accounts in the Co mmunity (ESA 95) and the European 
System of Integrated Economic Account s (ESA second edition) (OJ L 75, 15.3.1997, 
p. 44). 
– 397 R 2454: Commission Regulation (EC) No 2454/97 of 10 December 1997 laying 
down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the quality of HICP we ightings (OJ L 340, 
11.12.1997, p. 24). 
– 398 R 2646: Commission Regulation (EC) No 2646/98 of 9 December 1998 laying 
down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the treatm ent of tariffs in the Harmonized Index of 
Consumer Prices (OJ L 335, 10.12.1998, p. 30). 
– 399 R 1617: Commission Regulation (EC) No  1617/1999 of 23 July 1999 laying 
down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the tr eatment of insurance in the Harmonized 
Index of Consumer Prices and modify ing Commission Regulation (EC) No 2214/96 
(OJ L 192, 24.7.1999, p. 9). 
– 399 R 2166: Council Regulation (EC) No 2166/1999 of 8 October 1999 laying down 
detailed rules for the implementation of  Regulation (EC) No 2494/95 as regards 
minimum standards for the treatment of produc ts in the health, education and social 
protection sectors in the Harmonised I ndex of Consumer Prices (OJ L 266, 
14.10.1999, p. 1). 
– 399 D 0622: Commission Decision 1999/622/EC, Eu ratom of 8 September 1999 on 
the treatment of repayments of VAT to non-taxable units fo r their exempt activities, 
for the purpose of implementing Council Directive 89/130/EEC, Euratom on the 
harmonisation of the compilation of gross na tional product at market prices (OJ L 
245, 17.9.1999, p. 51). 
– 32000 R 2601: Commission Regulation (EC) No 2601/2000 of 17 November 2000 
laying down detailed rules for the impleme ntation of Council Regulation (EC) No 
2494/95 as regards the timing of entering purch aser prices into the Harmonised Index 
of Consumer Prices (OJ L 300, 29.11.2000, p. 16). 
– 32000 R 2602: Commission Regulation (EC) No 2602/2000 of 17 November 2000 
laying down detailed rules for the impleme ntation of Council Regulation (EC) No 
2494/95 as regards minimum standards for the treatment of price reductions in the 
Harmonised Index of Consumer (OJ L 300, 29.11.2000, p. 16), as amended by: 
– 32001 R 1921: Commission Regulation (EC) No 1921/2001 of 28 September 
2001 (OJ L 261, 29.9.2001, p. 49), as corrected by OJ L 295, 13.11.2001, p. 34. 
 
EN 26   EN – 32001 R 1920 : Commission Regulation (EC) No 1920/2001 of 28 September 2001 
laying down detailed rules for the impleme ntation of Council Regulation (EC) No 
2494/95 as regards minimum standards for the treatment of service charges proportional to transaction values in the ha rmonised index of consumer prices and 
amending Regulation (EC) No 2214/96 (O J L 261, 29.9.2001, p. 46), as corrected by 
OJ L 295, 13.11.2001, p. 34. 
– 32001 R 1921 : Commission Regulation (EC) No 1921/2001 of 28 September 2001 
laying down detailed rules for the impleme ntation of Council Regulation (EC) No 
2494/95 as regards minimum standards for revisions of the harmonised index of 
consumer prices and amending Regul ation (EC) No 2602/2000 (OJ L 261, 
29.9.2001, p. 49), as corrected by OJ L 295, 13.11. 2001, p. 34. 
Nomenclatures
 
– 390 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the 
statistical classification of  economic activities in the European Communities (OJ L 
293, 24.10.1990, p. 1), as amended by: 
– 393 R 0761: Commission Regulation (EEC) No  761/93 of 24 March 1993 (OJ 
L 83, 3.4.1993, p. 1). 
– 32002 R 0029 : Commission Regulation (EC) No 29/2002 of 19 December 
2001 (OJ L 6, 10.1.2002, p. 3).  
– 393 R 0696 : Council Regulation (EEC) No  696/93 of 15 March 1993 on the 
statistical units for the observation and analysis of the production system in the Community (OJ L 76, 30.3.1993, p. 1). 
– 393 R 3696: Council Regulation (EEC) No 3696/ 93 of 29 October l993 on the 
statistical classification of  products by activity (CPA) in the European Economic 
Community (OJ L 342, 31.12.1993, p. 1), as amended by: 
– 398 R 1232: Commission Regulation (EC) No  1232/98 of 17 June 1998 (OJ L 
177, 22.6.1998, p. 1). 
– 32002 R 0204 : Commission Regulation (EC)  No 204/2002 of 19 December 
2001 (OJ L 36, 6.2.2002, p. 1). 
– 32003 R 1059: Regulation (EC) No 1059/2003 of the European Parliament and of 
the Council of 26 May 2003 on the establis hment of a common classification of 
territorial units for statisti cs (NUTS) (OJ L 154, 21.6.2003, p. 1). 
Agricultural statistics
 
– 396 L 0016: Council Directive 96/16/E C of 19 March 1996 on statistical Surveys of 
milk and milk products (OJ L 78, 28.3.1996, p. 27). 
The provisions of the Directiv e shall, for the purposes of the present Agreement, be 
read with the following adaptation: 
 
EN 27   EN Switzerland shall not be bound by the regional breakdown of  the data as required by 
this Directive. 
– 397 D 0080: Commission Decision 97/80/EC of 18 December 1996 laying down 
provisions for the implementation of C ouncil Directive 96/16/EC on statistical 
surveys of milk and milk products (OJ L 24, 25.1.1997, p. 26), as amended by: 
– 398 D 0582: Council Decision 98/582/EC of 6 October 1998 (OJ L 281, 
17.10.1998, p. 36). 
– 388 R 0571: Council Regulation (EEC) No 571/ 88 of 29 February 1988 on the 
organization of Community surveys on the st ructure of agricultural holdings between 
1988 and 1997 (OJ L 56, 2.3.1988, p. 1), as amended by: 
– 396 R 2467: Council Regulation (EC) No 2467/96 of 17 December 1996 (OJ L 
335, 24.12.1996, p. 3). 
– 32002 R 143:  Commission Regulation (EC) No 143/2002 of 24 January 2002 
(OJ L 024 , 26.1.2002, p.16). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptations: 
(a) In Article 4, the text beginning with “and insofar as they are important locally 
…” until “… the particular technical economic guidelines within the meaning 
of the same Decision” is not applicable; 
(b) In Article 6(2), the text "standard gr oss margin (SGM), within the meaning of 
Decision 85/377/EEC" is replaced by: 
"standard gross margin (SGM), within th e meaning of Decision 85/377/EEC, or to 
the value of the total agricultural production"; 
(c) Articles 10, 12, and 13, and Annex II shall not apply; (d) Switzerland shall not be bound by the t ypology referred to in Articles 6, 7, 8, 9 
and Annex I of this Regulation. Howe ver, Switzerland shall transmit the 
necessary additional information allowing the reclassification according to this typology; 
(e) Irrespective of the provisions of the Regulation, Switzerland shall be permitted 
to carry out the survey in May and s upply the data, at the latest, 18 months 
thereafter. 
– 390 R 0837: Council Regulation (EEC) No 837/ 90 of 26 March 1990 concerning 
statistical information to be  supplied by the Member Stat es on cereals production (OJ 
L 88, 3.4.1990, p. 1). 
– 393 R 0959: Council Regulation (EC) No 959/ 93 of 5 April 1993 concerning 
statistical information to be supplied by Member States  on crop products other than 
cereals (OJ L 98, 24.4.1993, p. 1). 
 
EN 28   EN – 32003 R 0296:  Commission Regulation (EC) No 296/2003 of 17 February 2003 (OJ 
L 043, 18.2.2003, p. 18). 
Fishery statistics  
– 391 R 1382: Council Regulation (EEC) No 1382/91 of 21 May 1991 on the 
submission of data on the landings of fi shery products in Member States (OJ L 133, 
28.5.1991, p. 1), as amended by: 
– 393 R 2104: Council Regulation (EEC) No 2104/93 of 22 July 1993 (OJ L 
191, 31.7.1993, p. 1). 
– 391 R 3880: Council Regulation (EEC) No 3880/91 of 17 December 1991 on the 
submission of nominal catch st atistics by Member States fishing in the north-east 
Atlantic (OJ L 365, 31.12.1991, p. 1), as amended by: 
– 32001 R 1637: Commission Regulation (EC) No 1637/2001 of 23 July 2001 
(OJ L 222, 17.8.2001, p. 20). 
– 393 R 2018: Council Regulation (EEC) No 2018/93 of 30 June 1993 on the 
submission of catch and activity statistics by  Member States fishing in the Northwest 
Atlantic (OJ L 186, 28.7.1993, p. 1), as amended by: 
– 32001 R 1636: Commission Regulation (EC) No 1636/2001 of 23 July 2001 
(OJ L 222, 17.8.2001, p. 1). 
– 395 R 2597: Council Regulation (EC) No 2597/95 of 23 October 1995 on the 
submission of nominal catch statistics by Member States fishing in certain areas 
other than those of the North Atlant ic (OJ L 270, 13.11.1995, p. 1), as amended by: 
– 32001 R 1638: Commission Regulation (EC) No 1638/2001 of 24 July 2001 
(OJ L 222, 17.8.2001, p. 29). 
– 396 R 0788: Council Regulation (EC) No 788/96 of 22 April 1996 on the submission 
by Member States of statistics on aq uaculture producti on (OJ L 108, 1.5.1996, p. 1). 
Energy statistics  
– 390 L 0377: Council Directive 90/377/EEC of 29 June 1990 concerning a 
Community procedure to improve the transp arency of gas and electricity prices 
charged to industrial en d-users (OJ L 185, 17.7.1990, p. 16). 
The provisions of the Regulation shall, for th e purposes of the present Agreement, be 
read with the following adaptation: 
Switzerland shall put into effect the m easures necessary to comply with this 
Directive as from 1 January 2006. 
 
EN 29   EN ANNEX B  
FINANCIAL RULES  
GOVERNING THE CONTRIBUTION OF SWITZERLAND 
REFERRED TO IN ARTICL E 8 OF THIS AGREEMENT 
1. Determination of financial participation 
1.1. Switzerland shall contribute financiall y, on an annual basis,  to the Community 
Statistical Programme. 
1.2. This contribution shall be based on three elements: 
– The total cost of Eurostat [Cost]  
– The number of Member States in the European Union [# Members]  
– The proportion of the statistical programme  in which Switzerland is deemed to 
participate [prop]  
1.3. The financial contribution shall be: 
[Cost] * [prop] / [# Members] 
1.4. These shall be defined as follows: 
1.4.1. The total cost of Eurostat shall be  defined as the amount of commitment 
appropriations in the Statistics Policy Ar ea (Title 29) of the Community Budget, 
according to the Activity Based Budgeting nomenclature. This shall comprise Management and Support Expenditure of Po licy Area Statistics (Expenditure related 
to staff in active employment, External Staff and other management expenditure, 
Buildings and related expe nditure and Support expenditu re for operations) and the 
Financial Interventions in respect of the Production of Statistical Information. [Cost]  
1.4.2. The number of Member States shall be de fined as the number of  Member States of 
the European Union on 1 January of the year in question. [# Members]  
1.4.3. The proportion of the statistical program me in which Switzerland is deemed to 
participate is defined as th e ratio of Eurostat’s estima te of sum of the credits, 
allocated under Article 29 02 01 or successor Article of th e Budget of the European 
Community of the modules of the Commi ssion’s Annual Statistical Programme in 
which Switzerland participates, divided by the total of all credits allocated to Article 29 02 01 or successor Article. [prop]  
1.5. A draft calculation of this financial contri bution shall be made immediately after the 
adoption of the Preliminary Draft Budget of  the European Union for the year in 
question. The final calculation shall be ma de immediately after the adoption of the 
Budget for that year. 
 
EN 30   EN 2. Payment procedures 
2.1. The Commission shall issue, at the latest on 15 March and 15 June each financial 
year, a call for funds to Switzerland co rresponding to its contribution under this 
Agreement. These calls for funds sha ll provide respectively for the payment: 
Of six twelfths of Switzerland’s cont ribution not later than 20 April, and 
Six twelfths of its contribu tion not later than 15 July. 
2.2. The contributions of Switzerland sha ll be expressed and paid in euros. 
2.3. Switzerland shall pay its contribution under this Agreement according to the 
schedule in paragraph 2.1. Any delay in paym ent shall give rise to the payment of 
interest at a rate equal to the one-month Euro inter-bank offered rate (EURIBOR) on the due date as on page 248 of Telerate. This  rate shall be increas ed by 1.5% for each 
month of delay. The increased rate shall be  applied to the entire period of delay. 
However, the interest shall be due only in respect of any contribution paid more than thirty days after the scheduled paym ent dates mentioned in paragraph 2.1. 
2.4. Costs incurred by Swiss representatives  and experts participating in meetings 
convened by the Commission under this ag reement shall not be reimbursed by the 
Commission. As stated in Article 6.2, the co sts associated with the secondment of 
Swiss national officials to Eurostat sh all be borne entire ly by Switzerland. 
Subject to an agreement between EUROSTAT and the Swiss Federal Statistical 
Office, Switzerland may deduct from its fina ncial contribution the cost for seconded 
national experts. The maximum amount to be deducted for each official shall not 
exceed the maximum deducted for offici als from EEA-EFTA countries being 
seconded to Eurostat under the EEA agreement. This su m shall be agreed on an 
annual basis. 
2.5. Payments effected by Switzerland shall be  credited as budgetary revenue earmarked 
to the corresponding bud get line of the statement of revenue of the General Budget 
of the European Community. The Financia l Regulation applicable to the General 
Budget of the European Communities shall apply to the management of appropriations. 
3. Conditions for implementation 3.1. The financial contribution of Switzerla nd in accordance with Article 8 of this 
Agreement shall normally remain unchange d for the financial year in question. 
3.2. The Commission, at the time of the closure of the accounts relating to each financial 
year (n), within the framework of the es tablishment of the re venue and expenditure 
account, shall proceed to the regularisation of the accounts with respect to the participation of Switzerland, taking into c onsideration modifications resulting from 
transfers, cancellations, carry-overs, or by supplementary and amending budgets 
during the financial year. This regularisati on shall be made in the framework of the 
establishment of the budget for the following year (n+2) and should be reflected in 
the call for funds. 
 
EN 31   EN 4. Information 
4.1. At the latest on 31 May of each financial ye ar (n+1), the statement of appropriations 
corresponding to Eurostat’s operational a nd administrative financial obligations, 
related to the previous financial year (n), shall be prepared and transmitted to Switzerland for information, according to the format of  the Commission’s revenue 
and expenditure account. 
4.2. The Commission shall communicate to Swit zerland all other general financial data 
relating to Eurostat which is made available to EFTA-EEA States. 
 
EN 32   EN Final Act  
The Plenipotentaries of the EUROPEAN COMMUNITY and of the SWISS CONFEDERATION meeting on (…) in (…) for the signature of th e Agreement between the European Community 
and the Swiss Confederation on cooperation in  the field of statistics took note of the 
Declaration of the Council on Sw iss attendance of committees which is attached to the Final 
Act. 
Done at (…) in (…) 
For the European Community For the Swiss Confederation 
 
EN 33   EN Declaration of the Council  
on Swiss attendance of committees  
The Council agrees that Switzerland’s representatives, as fr om the start of the cooperation in 
connection with the programmes and actions refe rred to in Article 5 paragraph 2 of this 
Agreement, shall, insofar as the items concern them, participate fully without the right to vote 
in the committees and other bodies which assist the Commission of the European 
Communities in the management and development of these programmes and actions. 
In case of other committees dealing with areas covered by this Agreement in which 
Switzerland has adopted either the acquis co mmunautaire or equivalent measures, the 
Commission will consult Swiss experts by the method specified in Article 100 of the EEA 
Agreement.