Proposal for a Council Decision on the conclusion of the Agreement between the European Community and the Swiss Confederation in the field of statistics
Date: 2004-10-05
Institutions: European Commission
Subjects: Switzerland, bilateral agreement, cooperation agreement, statistics

COMMISSION OF THE EUROPEAN 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) 

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EXPLANATORY MEMORANDUM 

The  very  close  relations  between  the  European  Union  and  Switzerland  in  all  economical, 
social  and  political  matters  make  it  desirable  to  intensify  the  statistical  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-ratification of the EEA by Switzerland there have been informal arrangements 
under  which  Switzerland  has  been  invited  to  attend  various  low  profile  (mainly  technical) 
meetings  as  an  observer;  these  exclude  the  top  level  meetings  such  as  the  Statistical 
Programme  Committee  to  which  the  EEA-EFTA  countries  participate  as  full  members  for 
EEA relevant items.  

Following the negative EEA referendum Switzerland has suggested developing relations with 
the European Union on a basis of sectoral bilateral agreements. This included an agreement 
on  statistical  cooperation.  At  the  occasion  of  the  signature  of  seven  bilateral  agreements 
between  the  European  Community  and  Switzerland  on  21  June  1999  both  parties  declared 
jointly  their  intention  to  undertake  negotiations  with  view  to  conclude  an  agreement  on  the 
Swiss participation in certain statistical programmes of the Community. 

In 2000 the Council authorised the Commission to start negotiations 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  methodologies.  Exchanges  of  staff  were  foreseen. 
The agreement would be overseen by a joint committee. 

The negotiations between the Commission and Switzerland took place over the next years and 
were  concluded  on  25  June  2004  with  the  initialling  of  the  agreement  by  the  Directors-
General of Eurostat and the Swiss Federal Statistical Office. 

This  agreement  is  in  the  interests  of  both  parties.  From  the  EU  point  of  view,  Switzerland 
already  could  be  said  to  be  participating  in  many  aspects  of  the  Community  Statistical 
Programme  (attendance  at  certain  technical  meetings,  publication  of  data  on  Switzerland  in 
EU  publications,  etc.)  without  making  a  financial  contribution.  Under  this  agreement, 
relations  would  be  formalised.  Switzerland  would  gain  participation  in  the  European 
Statistical System and adopt a large proportion of the statistical acquis communautaire. The 
cost of participation being proposed exceeds the 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  Community  financing.  Thus  it  was 
not necessary to include in the agreement 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  Agreement;  there  are  technical  adaptations  and  some 
temporary  derogations  which  are  necessary  to  give  Switzerland  the  opportunity  to  adapt  its 
statistical system. 

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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  the  European  Community,  and  in  particular 
Article 80(2) in conjunction with Article 300 (2) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

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. 

The  result  of  the  negotiations  reflects  duly  the  negotiating  directives  issued  by  the 
Council. 

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 President 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  and  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. . 

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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  the  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) 

(2) 

On 20 July 2000, the Council authorised the Commission to negotiate with the Swiss 
Confederation an agreement in the field of statistics. 

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. 

The  Community  shall  be  represented  on  the  Joint  Committee  set  up  under  Article  3  of  the 
Agreement by the Commission assisted by representatives of the Member States. 

Article 2 

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3 

OJ C , , p. . 
OJ C , , p. . 

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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 financial contribution of Switzerland and for substantial derogations 
regarding  the  extension  of  acts  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. 

The  President  of  the  Council  shall  effect  the  notification  provided  for  in  Article  13  of  the 
Agreement on behalf of the European Community4. 

Article 3 

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. 

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ANNEX 

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AGREEMENT 

between the European Community and the Swiss Confederation on cooperation in the 
field of statistics 

THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”, and 

THE SWISS CONFEDERATION, hereinafter 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 order 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 methodologies in statistics; 

WHEREAS  common  rules  for  the  production  of  statistics  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. 

2. 

3. 

This  Agreement  applies  to  the  cooperation  in  the  field  of  statistics  between  the 
Contracting Parties in order to ensure the production and dissemination of coherent 
and  comparable  statistical  information  for  describing  and  monitoring  all  economic, 
social and environmental policies relevant for the bilateral cooperation. 

To  this  end,  the  Contracting  Parties  shall  develop  and  use  harmonised  methods, 
definitions  and  classifications  as  well  as  common  programmes  and  procedures 
organising  statistical  work  at  appropriate  administrative  levels  and  in  accordance 
with the provisions laid down in this Agreement. 

The  production  of  Contracting  Parties’  statistics  shall  conform  to  impartiality, 
reliability,  objectivity,  scientific  independence,  cost-effectiveness  and  statistical 
confidentiality; it shall not entail excessive burdens on economic operators. 

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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 

A Committee composed of representatives of the Contracting Parties, to be known as 
the  “Community/Switzerland  Statistical  Committee”  (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. 

The Joint Committee and the Statistical Programme 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. 

The  Joint  Committee  shall  adopt,  by  a  decision,  its  rules  of  procedure  which  shall 
include, among other provisions, the procedures for convening meetings, appointing 
the Chair and laying down the Chair’s terms of reference. 

The  Joint  Committee  shall  meet  as  and  when  necessary.  Either  Contracting  Party 
may request the convening of a meeting. The Joint Committee may decide to set up 
any subcommittee or working party that can assist it in carrying out its tasks. 

A Contracting Party may at any time raise a matter of concern at the level of the Joint 
Committee. 

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 shall be put into effect by the Contracting 
Parties in accordance with their own rules. 

Article 4 

New legislation 

The  Agreement  shall  be  without  prejudice  to  the  right  of  each  Contracting  Party, 
subject  to  compliance  with  the  provisions  of  this  Agreement,  to  amend  unilaterally 
its legislation on a point regulated by this Agreement. 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

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2. 

3. 

4. 

1. 

2. 

3. 

During the period preceding the formal adoption of new legislation, the Contracting 
Parties shall inform and consult each other as closely as possible. At the request of 
either Contracting Party, a preliminary exchange of views may take place in the Joint 
Committee. 

As soon as a Contracting Party has adopted an amendment of its legislation, it shall 
inform the other Contracting Party.  

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  ensure  the  proper  functioning  of  this 
Agreement. 

Article 5 

Statistical cooperation 

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  programme.  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. 

A specific Community/Switzerland annual statistical programme shall be developed 
every  year  as  a  subset  of,  and  in  parallel  with,  the  annual  work  programme 
elaborated  by  the  Commission  in  accordance  with  the  European  Parliament  and 
Council  Decision  establishing 
relevant  Community  statistical 
the  specific 
programme.  Each  Community/Switzerland  annual  statistical  programme  shall  be 
submitted for examination and approval to the Joint Committee. It shall indicate in 
particular those actions within the themes of the programme which are relevant and 
have  priority  for  the  Community/Switzerland  statistical  cooperation  during  the 
programme period. 

Statistical information from Switzerland shall be transmitted to Eurostat for storage, 
processing and dissemination. To this end, the Swiss Federal Statistical Office shall 
work in close cooperation with Eurostat in order to ensure that data from Switzerland 
are  transmitted  properly  and  disseminated  to  the  various  user  groups  through  the 
normal dissemination channels as part of the Community/Switzerland statistics. 

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4. 

1. 

2. 

3. 

1. 

2. 

3. 

1. 

The handling of statistics from Switzerland shall be governed by Council Regulation 
(EC) No 322/97 of 17 February 1997 on Community Statistics. 

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 during 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 relevance as mentioned in Article 1.1. 

Article 6 

Participation 

Entities  established  in  Switzerland  shall  be  entitled  to  participate  in  specific 
Community programmes managed by Eurostat, with the same contractual rights and 
obligations  as  those  of  entities  established  in  the  Community.  However,  entities 
established in Switzerland shall not be entitled to receive any financial contribution 
from Eurostat. 

Swiss  national  experts  may  be  seconded  to  Eurostat.  The  costs  associated  with  the 
secondment of Swiss national experts to Eurostat, including salaries, social security 
costs, provision for pensions, daily and travel allowances, shall be borne entirely by 
Switzerland. 

Entities established in the European Union shall be entitled to participate in specific 
programmes  managed  by  the  Swiss  Federal  Statistical  Office,  with  the  same 
contractual rights and obligations as those of entities established in Switzerland. 

Article 7 

Other forms of cooperation 

Transfer of technology in the field of statistics between the Swiss Federal Statistical 
Office and Eurostat may take place by mutual agreement. 

The Contracting Parties may exchange any information in the field of statistics. 

The  statistical  services  of  the  Contracting  Parties  may  exchange  officials.  The 
statistical  services  of  the  Member  States  of  the  Community  may  also  exchange 
officials  with  Switzerland.  The  conditions  under  which  these  exchanges  take  place 
shall be agreed directly between the involved statistical services. 

Article 8 

Financial provisions 

In  order  to  cover  the  entirety  of  the  costs  of  its  participation,  Switzerland  shall 
contribute  financially  to  the  Community  Statistical  Programme  on  an  annual  basis 
from the entry into force of the agreement.  

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2. 

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

Article 9 

Non-discrimination 

Within  the  scope  of  application  of  this  Agreement,  and  without  prejudice  to  any  special 
provisions contained therein, any discrimination of grounds of nationality shall be prohibited. 

Article 10 

Fulfilment of obligations 

The Contracting Parties shall take all appropriate measures, whether 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. 

2. 

3. 

This  Agreement  shall  be  ratified  or  approved  by  the  Contracting  Parties  in 
accordance  with  their  own  procedures.  It  shall  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. 

This Agreement shall be concluded for an initial period of five years. Unless written 
notice  of  termination  is  given  six  months  before  the  expiration  of  this  period,  the 
Agreement shall be considered as renewed indefinitely. 

Either  Contracting  Party  may  terminate  this  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. 

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Article 14 

Authentic texts 

This  Agreement  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English,  Estonian, 
Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, 
Slovak,  Slovenian,  Spanish,  and  Swedish  languages,  each  of  these  texts  being  equally 
authentic. 

Done at (…) on (…) 

For the European Community  

For the Swiss Confederation 

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ANNEX A 

LEGAL ACTS IN THE FIELD OF STATISTICS 

Sectoral adaptation 

1. 

2. 

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. 

Provisions laying down by whom the costs for carrying out surveys and the like shall 
be borne shall not apply for the purposes of this Agreement. 

Acts referred to 

Business statistics 

– 

– 

– 

397  R  0058:  Council  Regulation  (EC,  Euratom)  No  58/97  of  20  December  1996 
concerning Structural Business 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 the purposes of the present Agreement, be 
read with the following adaptations: 

(a)  The first reference years for which statistics are to be compiled by Switzerland 

are the following: 

– 

– 

– 

– 

For Annex 1 Section 5 (First reference year) and section 11  (Transition 
period), is calendar year 2002, 

For Annex 2 Section 5 (First reference year) and section 10  (Transition 
period), is calendar year 2002 for all yearly statistics, calendar year 2003 
for  the  2-yearly  characteristics  20210  to  20310,  calendar  year  2002  for 
the  3-yearly  characteristic  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 reference year)  and  section 10 (Transition 
period), is calendar year 2002 for all yearly statistics, calendar year 2002 
for the 5-yearly characteristics relating to division 52, calendar year 2003 
for the 5-yearly characteristics relating to division 51, calendar year 2005 
for the 5-yearly characteristics relating to division 50, 

For Annex 4 Section 5 (First reference year) and section 10  (Transition 
period), is calendar year 2002 for all yearly statistics, calendar year 2003 
for  the  2-yearly  characteristics  20210  to  20310,  calendar  year  2002  for 

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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  reference  year)  and  section  9  (Transition 
period), is calendar year 2002, 

For Annex 6 Section 5 (First reference year)  and  section 10 (Transition 
period), is calendar year 2004, 

For Annex 7 Section 5 (First reference year)  and  section 10 (Transition 
period), is calendar year 2003; 

– 

– 

– 

(b)  For the purposes of annexes 1 to 7 the transition period will not extend more 
than  four  years  beyond  the  first  reference  years  for  the  compilation  of  the 
statistics indicated in Section 5 of the 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  exempted  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  providing  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  characteristics  for  structural  business  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  produced 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: 

– 

– 

– 

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– 

– 

– 

– 

– 

– 

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  characteristics  for  insurance  services  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 the 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 the 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. 

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– 

– 

– 

– 

– 

– 

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  road  (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 the 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  transport  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 the 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  statistical  data  collected  pursuant  to  Council 

EN 

16 

   EN 

 
– 

– 

– 

– 

– 

Directive  95/64/EC  on  statistical  returns  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  returns  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 the 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 November 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 November 1995 on the collection of 
statistical information in the field of tourism (OJ L 291, 6.12.1995, p. 32). 

The provisions of the Directive shall, for the purposes of the present Agreement, be 
read with the following adaptation: 

Switzerland shall collect the data 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  Directive  95/57/EC  on  the  collection  of 
statistical information in the field 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 Community 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 the 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  compile  statistics  of  trade  between 

Switzerland and Liechtenstein; 

EN 

17 

   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 nationality 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  implementation  of  Council  Regulation  (EC)  N° 
1172/95  as  regards  statistics  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 the 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 origin” shall be taken to mean the country in which the 
goods originated within the meaning of the national rules of origin.”; 

(c)  The following new subparagraph shall be added to Article 9(2): 

“For Switzerland “the customs 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  trade  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 the purposes of the present Agreement, be 
read with the following adaptations: 

(a)  The following new paragraph is added to Article 2: 

EN 

18 

   EN 

 
– 

– 

– 

– 

"11. Staff of the Office of the EFTA Statistical 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 EFTA Statistical Adviser"; 

(c)  The following new subparagraph is added to Article 5(2): 

"Confidential  statistical  data  transmitted  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 foreign 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 the purposes of the present Agreement, be 
read with the following adaptation: 

(a) 

Irrespective of the provisions of Article 1, Switzerland is permitted to carry out 
an annual survey until 2007; 

(b)  For  Switzerland,  irrespective  of  the  provisions  of  Article  2(4),  the  sampling 
unit is an individual and the information concerning the other members of the 
household may include at least the characteristics 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  organisation  of  a  labour 
force  sample  survey  in  the  Community  concerning  the  codification  to  be  used  for 
data transmission from 2001 onwards (OJ L 181, 20.7.2000, p. 16). 

EN 

19 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

– 

– 

32000  R  1897:  Commission  Regulation  (EC)  No  1897/2000  of  7  September  2000 
implementing  Council  Regulation  (EC)  No  577/98  on  the  organisation  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 modules, covering the years 2004 to 2006, to the 
labour force sample survey provided by Council 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 the 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  and  composition  of  labour  costs  and  in 
2006 for the statistics on the structure 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 structural statistics 
on  earnings  and  on  labour  costs  as  regards  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 structural statistics 
on  earnings  and  on  labour  costs  as  regards  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 structural statistics 
on  earnings  and  on  labour  costs  as  regards  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 the labour cost index (OJ L 069, 13.3.2003, 
p. 1), as amended by: 

EN 

20 

   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 the 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 community statistics on income and living 
conditions (EU-SILC) (OJ L 165, 3.7.2003, p. 1) 

The provisions of the Regulation shall, for the purposes of the present Agreement, be 
read with the following adaptation: 

Switzerland shall collect the data required by this Directive from, at the latest, 2007 
onwards. 

Economic statistics 

32003 R 1287: Council Regulation (EC, Euratom) 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 the 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 specified in Article 5(3) is not applicable; 

(e)  Switzerland shall supply data required by this Regulation, 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 Council Regulation (EC) No 2494/95 concerning 
harmonized indices of consumer prices (OJ L 229, 10.9.1996, p. 3), as amended by: 

EN 

21 

   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 accounts 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 the purposes of the present Agreement, be 
read with the following adaptations: 

EN 

22 

   EN 

 
(a)  Switzerland shall be permitted to compile data by institutional units when the 

provisions of this Regulation 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  countries  breakdown  of  exports 

and imports of services as required by this Regulation; 

(d)  Switzerland shall put into effect the measures necessary to allocate FISIM, at 

the latest, 2006 onwards; 

(e) 

In Annex B, Derogations concerning the tables to be supplied in the framework 
of  the  questionnaire  “ESA-95”  by  country,  the  following  shall  be  added  after 
point 15 (Iceland): 

EN 

23 

   EN 

 
“16. SWITZERLAND 

16.1 Derogations for tables 

Table No  Table 

Derogation 

Until 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

Main  aggregates,  annual 
and quarterly 

Transmission for 1990 onwards 

Main  aggregates  of  the 
general government 

Transmission 
Periodicity: 
Transmission for 1990 onwards 

delay: 

t+8 

months 
annual 

Unlimited 
Unlimited 

Tables by industry 

Transmission for 1990 onwards 

Exports  and  imports  by 
EU/third countries 

Transmission for 1998 onwards 

Household 
final 
consumption  expenditure 
by purpose 

Transmission for 1990 onwards 

Financial  accounts  by 
institutional sectors 

Transmission for 1998 onwards 

Balance 
financial 
liabilities 

sheets 
assets 

for 
and 

Transmission for 1998 onwards 

2006 

2006 

Non-financial 
by institutional sectors 

accounts 

Transmission 
Transmission for 1990 onwards 

delay: 

t+18 

months 

Unlimited 

Detailed  tax  and  social 
contributions  receipts  by 
sector 

Transmission 
Transmission for 1998 onwards 

delay: 

t+18 

months 

Unlimited 

Tables  by  industry  and 
region, NUTS II, A17 

No regional breakdown 

General 
expenditure by function 

government 

Transmission 
No Backward calculations 

for 

2005 

onwards 

2007 

Tables  by  industry  and 
by region, NUTS III, A3 

No regional breakdown 

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  concerns  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 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
– 

– 

– 

– 

– 

– 

– 

– 

Article 3 (classification of methods by product) shall not apply to Switzerland. 

397 D 0178: Commission Decision 97/178/EC, Euratom of 10 February 1997 on the 
definition  of  a  methodology  for  the  transition  between  the  European  System  of 
National  and  Regional  Accounts  in  the  Community  (ESA  95)  and  the  European 
System of Integrated Economic Accounts (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  weightings  (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 treatment 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  treatment  of  insurance  in  the  Harmonized 
Index of Consumer Prices and modifying 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 products in the health, education and social 
protection  sectors  in  the  Harmonised  Index  of  Consumer  Prices  (OJ  L  266, 
14.10.1999, p. 1). 

399 D 0622: Commission Decision 1999/622/EC, Euratom of 8 September 1999 on 
the treatment of repayments of VAT to non-taxable units for their exempt activities, 
for  the  purpose  of  implementing  Council  Directive  89/130/EEC,  Euratom  on  the 
harmonisation  of  the  compilation  of  gross  national  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  implementation  of  Council  Regulation  (EC)  No 
2494/95 as regards the timing of entering purchaser 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  implementation  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 

25 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

32001 R 1920: Commission Regulation (EC) No 1920/2001 of 28 September 2001 
laying  down  detailed  rules  for  the  implementation  of  Council  Regulation  (EC)  No 
2494/95  as  regards  minimum  standards  for  the  treatment  of  service  charges 
proportional  to  transaction  values  in  the  harmonised  index  of  consumer  prices  and 
amending Regulation (EC) No 2214/96 (OJ 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  implementation  of  Council  Regulation  (EC)  No 
2494/95  as  regards  minimum  standards  for  revisions  of  the  harmonised  index  of 
consumer  prices  and  amending  Regulation  (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  establishment  of  a  common  classification  of 
territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1). 

Agricultural statistics 

396 L 0016: Council Directive 96/16/EC of 19 March 1996 on statistical Surveys of 
milk and milk products (OJ L 78, 28.3.1996, p. 27). 

The provisions of the Directive shall, for the purposes of the present Agreement, be 
read with the following adaptation: 

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– 

– 

– 

– 

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  Council  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 structure 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 the 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 gross margin (SGM), within the meaning of 
Decision 85/377/EEC" is replaced by: 

"standard  gross  margin  (SGM),  within  the  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 typology referred to in Articles 6, 7, 8, 9 
and  Annex  I  of  this  Regulation.  However,  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  supply  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 States 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). 

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– 

– 

– 

– 

– 

– 

– 

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 fishery 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  statistics  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 Atlantic (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 aquaculture production (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  transparency  of  gas  and  electricity  prices 
charged to industrial end-users (OJ L 185, 17.7.1990, p. 16). 

The provisions of the Regulation shall, for the purposes of the present Agreement, be 
read with the following adaptation: 

Switzerland  shall  put  into  effect  the  measures  necessary  to  comply  with  this 
Directive as from 1 January 2006. 

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ANNEX B 

FINANCIAL RULES  
GOVERNING THE CONTRIBUTION OF SWITZERLAND 
REFERRED TO IN ARTICLE 8 OF THIS AGREEMENT 

1. 

Determination of financial participation 

1.1. 

Switzerland  shall  contribute  financially,  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  Area  (Title  29)  of  the  Community  Budget, 
according  to  the  Activity  Based  Budgeting  nomenclature.  This  shall  comprise 
Management and Support Expenditure of Policy Area Statistics (Expenditure related 
to  staff  in  active  employment,  External  Staff  and  other  management  expenditure, 
Buildings  and  related  expenditure  and  Support  expenditure  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 defined 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  programme  in  which  Switzerland  is  deemed  to 
participate  is  defined  as  the  ratio  of  Eurostat’s  estimate  of  sum  of  the  credits, 
allocated under Article 29 02 01 or successor Article of the Budget of the European 
Community  of  the  modules  of  the  Commission’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 contribution 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  made  immediately  after the  adoption  of  the 
Budget for that year. 

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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  corresponding  to  its  contribution  under  this 
Agreement. These calls for funds shall provide respectively for the payment: 

Of six twelfths of Switzerland’s contribution not later than 20 April, and 

Six twelfths of its contribution not later than 15 July. 

2.2. 

The contributions of Switzerland shall 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  payment  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 increased 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 payment dates mentioned in paragraph 2.1. 

2.4. 

Costs  incurred  by  Swiss  representatives  and  experts  participating  in  meetings 
convened  by  the  Commission  under  this  agreement  shall  not  be  reimbursed  by  the 
Commission.  As  stated  in  Article  6.2,  the  costs  associated  with  the  secondment  of 
Swiss national officials to Eurostat shall be borne entirely by Switzerland. 

Subject  to  an  agreement  between  EUROSTAT  and  the  Swiss  Federal  Statistical 
Office, Switzerland may deduct from its financial contribution the cost for seconded 
national  experts.  The  maximum  amount  to  be  deducted  for  each  official  shall  not 
exceed  the  maximum  deducted  for  officials  from  EEA-EFTA  countries  being 
seconded  to  Eurostat  under  the  EEA  agreement.  This  sum  shall  be  agreed  on  an 
annual basis. 

2.5. 

Payments effected by Switzerland shall be credited as budgetary revenue earmarked 
to the corresponding budget line of the statement of revenue of the General Budget 
of  the  European  Community.  The  Financial  Regulation  applicable  to  the  General 
Budget  of  the  European  Communities  shall  apply  to  the  management  of 
appropriations. 

3. 

Conditions for implementation 

3.1. 

3.2. 

The  financial  contribution  of  Switzerland  in  accordance  with  Article  8  of  this 
Agreement shall normally remain unchanged for the financial year in question. 

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  resulting  from 
transfers,  cancellations,  carry-overs,  or  by  supplementary  and  amending  budgets 
during the financial year. This regularisation 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. 

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4. 

Information 

4.1. 

At the latest on 31 May of each financial year (n+1), the statement of appropriations 
corresponding  to  Eurostat’s  operational  and  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  Switzerland  all  other  general  financial  data 
relating to Eurostat which is made available to EFTA-EEA States. 

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Final Act 

The Plenipotentaries 

of the EUROPEAN COMMUNITY 

and 

of the SWISS CONFEDERATION 

meeting on (…) in (…) for the signature of the 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 Swiss attendance of committees which is attached to the Final 
Act. 

Done at (…) in (…) 

For the European Community 

For the Swiss Confederation 

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Declaration of the Council 

on Swiss attendance of committees 

The Council agrees that Switzerland’s representatives, as from the start of the cooperation in 
connection  with  the  programmes  and  actions  referred  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  communautaire  or  equivalent  measures,  the 
Commission  will  consult  Swiss  experts  by  the  method  specified  in  Article  100  of  the  EEA 
Agreement.  

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