Proposal for a Council Decision on the signature, on behalf of the European Community, of the Agreement between the European Community and the Swiss Confederation concerning the latter's participation in the European Environment Agency and the European Environment Information and Observation Network
Date: 2004-10-08
Institutions: European Commission
Subjects: European Environment Agency, Switzerland, agreement (EU), environmental monitoring, information network, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.10.2004 
COM(2004) 658 final 

2004/0233 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Community, of the Agreement between the 
European Community and the Swiss Confederation concerning the latter’s participation 
in the European Environment Agency and the European Environment Information and 
Observation Network 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Community, of the Agreement between the 
European Community and the Swiss Confederation concerning the latter’s participation 
in the European Environment Agency and the European Environment Information and 
Observation Network 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

The  European  Environment  Agency  was  created  by  Council  Regulation  (EEC)  1210/90  of 
7 May 1990, as amended by Council Regulation (EC) 933/99 of 29 April 1999. The overall 
task  of  the  Agency  is  to  produce  objective,  reliable  and  comparable  information  for  those 
concerned with the implementation of the European Environment Policy. The trans-boundary 
nature  of  environmental  problems  means  that  the  Agency  must  work  in  close  co-operation 
with  third  countries  in  Europe.  Switzerland  is  the  only  major  country  of  Western  Europe 
outside  the  Agency’s  network  and  it  would  be  of  mutual  interest  to  have  the  Swiss  as 
members of the Agency, particularly for reporting on the Alps. 

Article  19  of  the  Regulation  allows  third  country  membership.  Switzerland  made  a  formal 
application  to  join  the  Agency  in  July  1999.  The  Commission  negotiated  with  Switzerland 
pursuant to the authorisation given to it by the Council on 20 July 2000 and has rounded off 
the negotiations with the initialling of the Agreement on 25 June 2004. 

The Commission hereby proposes two Council Decisions for the signature and the conclusion, 
on behalf of the European Community, of the Agreement on the participation of Switzerland 
in  the  European  Environment  Agency  and  the  European  Environment  Information  and 
Observation Network (EIONET). 

2. 

COUNCIL DECISION  AUTHORISING  THE COMMISSION  TO  CONDUCT  NEGOTIATIONS 
ON THE PARTICIPATION OF SWITZERLAND IN THE EEA 

On the basis of a Commission proposal1, the Council decided on 20 July 2000 to authorise the 
Commission  to  conduct  negotiations  on  the  participation  of  Switzerland  in  the  European 
Environment Agency. 

The  main  objective  of  the  negotiations  were  to  ensure  that  the  arrangements  for  the 
participation  of  Switzerland  as  an  observer  without  the  right  to  vote  in  the  European 
Environment Agency are in conformity with the Treaty of the Union, Regulation 1210/90, as 
amended  by  Regulation  933/99  on  the  establishment  of  the  European  Environment  Agency 
and the EIONET and relevant Community legislation. 

A  further  objective  was  that  the  financial  contribution  from  Switzerland  to  the  Agency 
represents  the  full  costs  of  its  participation.  For  the  calculation  of  this  annual  figure,  the 
objective  was  that  the  Agency’s  annual  subvention  should  be  divided  by  the  number  of 
Member States. 

The Commission was requested to report to the Council on the results of the negotiations and, 
where  appropriate,  on  any  problem  that  may  arise  during  the  negotiations.  In  addition,  the 
Council requested the Commission to take account of on-going negotiations in other areas. 

In  addition  to  the  negotiation  directives,  the  Council  adopted  a  Declaration  by  which  it 
emphasised  that,  while  authorising  the  Commission  to  negotiate  with  Switzerland  on  its 

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SEC(1999) 2129 final of 22 December 1999. 

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participation in the Agency, it would at the same time consider the result of the negotiations 
not only on the basis of its own merits but also in the light of progress achieved in other areas 
to be negotiated in parallel with Switzerland in order to achieve an overall balance of mutual 
advantage. 

3. 

THE NEGOTIATIONS 

The Commission started the negotiations in 2001. During that year an overall agreement was 
reached  on  most  substantial  issues  in  line  with  the  negotiating  directives  the  Council  has 
issued. Subsequent negotiations focused on horizontal items relevant to the general relations 
between  Switzerland  and  the  European  Union,  such  as  the  application  of  the  Protocol  on 
Privileges and Immunities.  

4. 

DRAFT AGREEMENT 

The  Agreement  with  Switzerland  grants  the  country  conditions  for  participation,  similar  to 
those  governing  the  participation  of  the  current  non-EU  Member  States  of  the  Agency 
(Liechtenstein,  Iceland  and  Norway),  as  well  as  to  those  which  were  negotiated  for  the 
participation of the candidate countries2. 

As  to  Switzerland's  financial  contribution,  an  agreement  was  reached  along  the  lines  of  the 
Council's negotiating directive on this issue. 

On  the  substance,  the  Agreement  states  that  Switzerland  takes  full  part  in  the  work 
programme of the Agency and will comply with the obligations of the Agency Regulation. 

Switzerland will have to establish an infrastructure for providing uniform environmental data 
and  information  on  the  state  of  the  environment  in  its  territory.  Switzerland  will  contribute 
financially  to  the  Agency  budget  to  cover  the  cost  of  its  participation.  It  will  also  have  the 
right to participate in the Management Board of the Agency without the right to vote. 

The Agreement is concluded for an unlimited period. For this reason, a Joint Committee has 
been  set  up  in  Article  16  to  allow  for  technical  adaptations,  including  the  incorporation  to 
Annex I of the Agreement of future Community legislation relevant to the functioning of the 
Agency.  

The Parties will sign and then ratify the Agreement in accordance with their own procedures. 
It  will  enter  into  force  when  both  Parties  have  notified  each  other  that  their  respective 
procedures have been completed. 

2 

It is noted that Annex III on the Protocol on Privileges and Immunities (PPI) contains an Appendix on 
its  modalities  of  application  in  the  case  of  Switzerland.  The  Appendix  clarifies  in  point  2  certain 
practical  modalities  of  application  of  the  tax  exemption  to  the  Agency,  taking  into  account  the 
characteristics of the Swiss fiscal system. This approach is in line with comparable clarifications made 
bilaterally  with  EU  Member  States  for  the  practical  application  of  the  PPI.  In  view  of  the  preference 
expressed by Switzerland, point 3 contains a waiver of its rights under Article 14 of the PPI: it will not 
require that officials of the Agency having Swiss nationality be considered as having maintained their 
domicile in Switzerland. As a final clarification, the Appendix recalls the exclusive jurisdiction of the 
European Court of Justice on all matters between the Agency and its officials. 

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For its part, the Agency will treat Switzerland as a Member State, through equal treatment in 
terms of provisions of environmental data and information and analysis, staffing provisions, 
contracts to third parties and appointments of and participation in Topic Centres. 

Annex  III  on  the  Protocol  on  Privileges  and  Immunities  (PPI)  contains  an  Appendix  on  the 
modalities  of  application  in  Switzerland.  To  ensure  that  Swiss  authorities,  in  particular  the 
sub-federal authorities, will correctly apply the PPI to the Agency and the institutions of the 
Community involved in its operation, point 1 assimilates Switzerland to an EU Member State 
for this purpose. Point 2 of the Appendix clarifies certain practical modalities of application of 
the tax exemption to the Agency (for instance the minimum price of goods of services subject 
to  exoneration),  taking  into  account  the  characteristics  of  the  Swiss  fiscal  system.  This 
approach is in line with comparable arrangements for the practical application of the PPI that 
have been concluded bilaterally between the Commission or the Agency and the EU Member 
States.  As  Switzerland  does  not  automatically  take  PPI-relevant  secondary  legislation  on 
board, point 3 of the Appendix specifies in detail the implications of the exemption contained 
in  Article  13(2)  of  the  PPI.  It  also  clarifies  that  officials  of  the  Agency  and  their  family 
members having Swiss nationality or with other links to Switzerland will not be bound to take 
part in the Swiss social security system. In addition, in view of the preference expressed by 
Switzerland and in line with the interpretation given by Member States, point 3 clarifies that 
the extension of the right of taxation under Article 14 of the PPI shall apply only within the 
European  Union,  and  therefore  does  not  require  that  such  officials  be  considered  as  having 
maintained  their  domicile  in  Switzerland.  As  a  final  clarification,  the  Appendix  recalls  the 
exclusive  jurisdiction  of  the  European  Court  of  Justice  on  all  legal  disputes  between  the 
Agency and its officials concerning staff matters.  

5. 

SIGNATURE AND CONCLUSION OF THE AGREEMENT  

5.1. 

Legal basis 

Negotiations  enabling  the  Agency  to  be  opened  to  the  participation  of  Switzerland  are 
possible  under  Article  19  of  Council  Regulation  (EEC)  1210/1990,  modified  by  Regulation 
933/1999 on the establishment of the European Environment Agency and EIONET. 

The text in the above mentioned Article comprises the necessary rules on procedure for the 
opening of the Agency to countries which are not members of the Union, but which share the 
concern of the Community and the Member States for the objectives of the Agency. In order 
to conclude such Agreement, the procedure of Article 300 paragraphs 2 and 3 of the Treaty 
applies. 

Following  this  procedure,  the  Commission  is  now  proposing  two  Council  Decisions  on  the 
signature  and  conclusion  of  the  Agreement,  with  the  objective  to  allow  Switzerland  to 
participate in the European Environment Agency. 

5.2. 

Financial implications 

According  to  the  Agreement,  Switzerland  will  contribute  financially  to  the  European 
Environment  Agency  to  cover  the  full  cost  involved  of  its  participation  to  the  EEA  work 
programme. In accordance with the negotiating directives issued by the Council, this full cost, 
and  thus  Switzerland’s  contribution,  is  calculated  as  the  annual  Community  subvention, 
divided by the number of EU Member States. 

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For the Community there are thus no negative financial implications. 

6. 

BENEFITS OF THE AGREEMENT 

Benefits of the participation of Switzerland in the Agency are several: 

– 

– 

– 

– 

7. 

The participation will help to bring Swiss monitoring systems and methods for data 
collection  and  data  treatment  in  line  with  those  used  by  the  other  countries 
participating  in  the  Agency,  which  will  facilitate  the  provision  of  reliable  and 
comparable information on the state of environment in Europe. 

The  participation  of  Switzerland  will  also  support  integrated  assessment  and 
environmental  reporting  of  the  ecosystems  that  are  shared  by  Switzerland  and  its 
neighbouring countries. 

The  European  Environment  Agency  will  be  able  to  report  on  the  state  of  the 
environment  of  a  larger  part  of  Europe,  including  Switzerland.  Being  an  enclave 
within  the  territory  of  the  European  Union,  the  participation  of  this  country  is 
particularly important for coherent environmental reporting. 

Inclusion of Switzerland in all other reporting activities of the Agency. 

RECOMMENDATION 

An  agreement  was  reached  with  Switzerland  on  the  modalities  and  conditions  of  its 
participation  in  the  European  Environment  Agency,  in  line  with  the  negotiation  directives 
issued by the Council to the Commission. 

It  is  therefore  possible  for  the  Community  to  sign  and  conclude  the  Agreement  with 
Switzerland  concerning  its  participation  in  the  European  Environment  Agency  and  the 
European Environment Information and Observation Network. 

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Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Community, of the Agreement between the 
European Community and the Swiss Confederation concerning the latter’s participation 
in the European Environment Agency and the European Environment Information and 
Observation Network 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 175(1)  in  conjunction  with  the  first  sentence  of  the  first  subparagraph  of 
Article 300(2) thereof, 

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

The  activities  of  the  European  Environment  Agency  and  the  European  Environment 
Information  and  Observation  Network,  established  by  Council  Regulation  (EEC) 
No 1210/90 of 7 May 19904, have already been extended to other European countries 
by  means  of  bilateral  agreements  entered  into  by  the  European  Community,  taking 
into account the transboundary nature of environmental issues and the importance of 
enhancing international cooperation in the field of environment. 

The  Council  authorised  the  Commission  on  20  July  2000,  on  behalf  of  the 
Community,  to  negotiate  with  the  Swiss  Confederation  an  agreement  concerning  the 
participation  in  the  European  Environment  Agency  and  the  European  Environment 
Information and Observation Network. The result of the negotiations duly reflects 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 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  concerning  the 

3 
4 

OJ C [...], [...], p. [...]. 
OJ L 120, 11.5.1990, p. 1. 

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latter’s  participation  in  the  European  Environment  Agency  and  the  European  Environment 
Information and Observation Network. 

Done at Brussels, 

For the Council 
The President 

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2004/0233 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Community, of the Agreement between the 
European Community and the Swiss Confederation concerning the latter’s participation 
in the European Environment Agency and the European Environment Information and 
Observation Network 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 175(1)  in  conjunction  with  the  first  sentence  of  the  first  subparagraph  of 
Article 300(2), the first sentence of the first subparagraph of Article 300(3) and Article 300(4) 
thereof, 

Having regard to the proposal from the Commission5, 

Having regard to the opinion of the European Parliament6, 

Whereas: 

(1) 

(2) 

(3) 

The  activities  of  the  European  Environment  Agency  and  the  European  Environment 
Information  and  Observation  Network,  established  by  Council  Regulation  (EEC) 
No 1210/90 of 7 May 19907, have already been extended to other European countries 
by  means  of  bilateral  agreements  entered  into  by  the  European  Community,  taking 
into account the transboundary nature of environmental issues and the importance of 
enhancing international cooperation in the field of environment. 

On 20 July 2000, the Council authorised the Commission to negotiate with the Swiss 
Confederation an agreement concerning the participation in the European Environment 
Agency and the European Environment Information and Observation Network. 

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.  

(4) 

The Agreement should be approved by the Community, 

5 
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OJ C [...], [...], p. [...]. 
OJ C [...], [...], p. [...]. 
OJ L 120, 11.5.1990, p. 1. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement between the European Community and the Swiss Confederation concerning 
the latter’s participation in the European Environment Agency and the European Environment 
Information  and  Observation  Network  is  hereby  approved  on  behalf  of  the  European 
Community. 

The text of the Agreement is attached to this Decision. 

The  President  of  the  Council  shall  effect  the  notification  provided  for  in  Article  20  of  the 
Agreement on behalf of the European Community8. 

Article 2 

Article 3 

The Community shall be represented on the Joint Committee set up under Article 16 of the 
Agreement by the Commission. 

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  any  substantial 
derogation regarding the incorporation of  acts  of Community legislation to Annex I and  for 
any amendment to Annex III.  

For all other decisions of the Joint Committee, including the regular incorporation of acts of 
Community  legislation  to  Annex  I,  subject  to  any  technical  adjustment  needed,  and  matters 
relating to the internal functioning of the Joint Committee, the Community position shall be 
adopted by the Commission. 

Article 4 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels, 

For the Council 
The President 

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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 

AGREEMENT 

between the European Community and the Swiss Confederation concerning the 
participation of Switzerland to the European Environment Agency and the European 
Environment Information and Observation Network 

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”, 

RECOGNIZING  the  transboundary  nature  of  environmental  issues  and  the  importance  of 
enhancing international cooperation in the field of environment, 

TAKING INTO ACCOUNT Council Regulation (EEC) No 1210/90 on the establishment of 
the  European  Environment  Agency  and  the  European  Environment  Information  and 
Observation Network, as amended by Council Regulation (EC) No 933/1999 and Regulation 
(EC) No 1641/2003 of the European Parliament and of the Council, 

TAKING INTO ACCOUNT that the activities of the European Environment Agency and the 
European Environment Information and Observation Network have already extended to other 
European  countries  by  means  of  bilateral  agreements  entered  into  by  the  European 
Community, 

HAVE AGREED AS FOLLOWS: 

Article 1 

Switzerland shall participate fully in the European Environment Agency, hereinafter referred 
to  as  the  “Agency”,  and  the  European  Environment  Information  and  Observation  Network 
(EIONET) and shall apply the acts listed in Annex I to the present Agreement. 

Article 2 

Switzerland  shall  contribute  financially  to  the  activities  referred  to  under  Article  1  (Agency 
and EIONET) in accordance to the following:  

The annual contribution for a given year shall be calculated on the basis of the Community 
subvention to the budget of the Agency for that given year, divided by the number of Member 
States of the European Union. 

The further terms and conditions on the Financial Contribution of Switzerland are set out in 
Annex II to this Agreement. 

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Switzerland  shall  participate  fully,  without  the  right  to  vote,  in  the  Agency  Management 
Board and shall be associated with the work of the Scientific Committee of the Agency.  

Article 3 

Article 4 

Switzerland shall, within six months from the entry into force of this Agreement, inform the 
Agency of the main component elements of its national information networks as set out in the 
acts listed in Annex I. 

Article 5 

Switzerland shall in particular designate from among the institutions referred to in Article 4 or 
from  among  other  organisations  established  in  its  territory  a  “national  focal  point”  for 
co-ordinating  and/or  transmitting  the  information  to  be  supplied  at  national  level  to  the 
Agency  and  to  the  institutions  or  bodies  forming  part  of  the  EIONET,  including  the  topic 
centres referred to under Article 6. 

Article 6 

Switzerland  may  also,  within  the  period  laid  down  in  Article  4,  identify  the  institutions  or 
other organisations established in its territory, which could be specifically entrusted with the 
task  of  co-operating  with  the  Agency  as  regards  certain  topics  of  particular  interest.  An 
institution thus identified should be in a position to conclude an agreement with the Agency to 
act  as  a  topic  centre  of  the  network  for  specific  tasks.  These  centres  shall  co-operate  with 
other institutions, which form part of the network. 

Article 7 

Within  six  months  of  receiving  the  information  referred  to  in  Articles  4,  5  and  6,  the 
Management  Board  of  the  Agency  shall  review  the  main  elements  of  the  network  to  take 
account of the participation of Switzerland. 

Switzerland  should  under  the  condition  that  confidentiality  is  protected  provide  data 
according to the obligations and practice established in the Agency work programme. 

Article 8 

Article 9 

The Agency may agree with the institutions or bodies designated by Switzerland and which 
form  part  of  the  network,  as  referred  to  in  Articles  4,  5  and  6,  upon  the  necessary 
arrangements,  in  particular  contracts,  for  successfully  carrying  out  the  tasks  which  it  may 
entrust to them. 

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Article 10 

Environmental data supplied to or emanating from the Agency may be published and shall be 
made  accessible  to  the  public,  provided  that  confidential  information  is  afforded  the  same 
degree of protection in Switzerland as it is afforded within the Community. 

The Agency shall have legal personality in Switzerland and it shall enjoy in Switzerland the 
most extensive legal capacity accorded to legal persons under its laws. 

Article 11 

Switzerland  shall apply to the  Agency the  Protocol on the Privileges and Immunities of the 
European Communities, which is set out as Annex III to this Agreement. 

Article 12 

Article 13 

By  way  of  derogation  from  Article  12(2)(a)  of  the  Council  Regulation  No  259/68  on  Staff 
Regulations of officials and the conditions of employment of other servants of the European 
Communities, nationals of Switzerland enjoying their full rights as citizens may be engaged 
under contract by the Executive Director of the Agency. 

The provisions relating to financial control by the Community in Switzerland concerning the 
participants in the activities of the Agency or EIONET are set out in Annex IV. 

Article 14 

Article 15 

The  Contracting  Parties  shall  take  any  general  or  specific  measures  required  to  fulfil  their 
obligations  under  the  Agreement.  They  shall  see  to  it  that  the  objectives  set  out  in  the 
Agreement are attained. 

Article 16 

1. 

2. 

A  Joint  Committee,  composed  of  representatives  of  the  Contracting  Parties,  shall 
ensure  the  good  application  of  the  Agreement.  It  shall  meet  upon  request  of  a 
Contracting Party. 

The  Joint  Committee  shall  hold  an  exchange  of  views  on  the  implications  of  new 
Community  legislation  modifying  Regulation  No  1210/90,  or  any  other  legal 
instrument referred to in this Agreement, including, if appropriate, on any expected 
implications  relating  to  the  financial  contribution  laid  down  in  Article  2  of  this 
Agreement and Annex II thereof. 

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3. 

In conformity with the respective internal procedures of the Contracting Parties, the 
Joint Committee may adopt a decision amending the Annexes to this Agreement or 
decide any other measure to safeguard the proper functioning of the Agreement. 

4. 

The Joint Committee shall act by mutual agreement. 

The Annexes to this Agreement, including the Appendix thereto, shall form an integral part 
thereof. 

Article 17 

Article 18 

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 this Treaty 
and, on the other hand, to the territory of Switzerland. 

Article 19 

This Agreement is concluded for an unlimited period. Either Contracting Party may denounce 
this Agreement by notifying the other Contracting Party. This Agreement shall cease to apply 
six months after the date of such notification. 

Article 20 

This  Agreement  will  be  approved  by  the  Contracting  Parties  in  accordance  with  their  own 
internal procedures. It shall enter into force on the first day of the second month following the 
day on which the Contracting Parties notify each other that the procedures necessary to this 
end have been completed. 

Article 21 

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

Done at (...), on (...) 

For the European Community 

For the Swiss Confederation 

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ANNEX I 

APPLICABLE ACTS 

Wherever acts specified in this Annex contain references to Member States of the European 
Community, or a requirement for a link with the latter, the references shall, for the purpose of 
the Agreement, be understood to apply equally to Switzerland or to the requirement of a link 
with Switzerland. 

–  Council  Regulation  (EEC)  No  1210/90  of  7  May  1990  on  the  establishment  of  the 
the  European  Environment  Information  and 

European  Environment  Agency  and 
Observation Network (OJ L 120, 11.5.1990, p. 1), as amended by: 

–  Council Regulation (EC) No 933/1999 of 29 April 1999 (OJ L 117, 5.5.1999, p. 1); 

–  Regulation  (EC)  No  1641/2003  of  the  European  Parliament  and  of  the  Council  of 

22 July 2003 (OJ L 245, 29.9.2003, p. 1). 

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ANNEX II 

FINANCIAL CONTRIBUTION OF SWITZERLAND 
TO THE EUROPEAN ENVIRONMENT AGENCY 

The financial contribution to be paid by Switzerland to the budget of the European 
Union  to  participate  in  the  Agency  will  be  calculated  by  dividing  the  annual 
Community subsidy to the Agency for a given year by the number of Member States 
of the European Union. 

The  contribution  of  Switzerland  will  be  managed  in  accordance  with  the  financial 
regulation applicable to the general budget of the European Union.  

Travel  costs  and  subsistence  costs  incurred  by  representatives  and  experts  of 
Switzerland  for  the  purposes  of  taking  part  in  the  Agency  activities  or  meetings 
related to the implementation of the Agency's work programme shall be reimbursed 
by the Agency on the same basis as and in accordance with the procedures currently 
in force for the Member States of the European Union. 

After the entry into force of this Agreement and at the beginning of each following 
year, the Commission of the European Communities, hereinafter referred to as “the 
Commission”,  will  send  to  Switzerland  a  call  for  funds  corresponding  to  its 
contribution  to  the  Agency  under  this  Agreement.  For  the  first  calendar  year  of  its 
participation  Switzerland  will  pay  a  contribution  calculated  from  the  date  of 
participation to the  end  of  the year on a pro rata basis. For the following years the 
contribution will be in accordance to this Agreement.  

This contribution shall be expressed in Euro and paid into a Euro bank account of the 
Commission.  

Switzerland  will  pay  its  contribution  according  to  the  call  for  funds  by  1  May 
provided that the call for funds is sent by the Commission before 1 April, or at the 
latest in a period of 30 days after the call for funds is sent. 

Any  delay  in  the  payment  of  the  contribution  shall  give  rise  to  the  payment  of 
interest  by  Switzerland  on  the  outstanding  amount  from  the  due  date.  The  interest 
rate corresponds to the rate applied by the European Central Bank, on the due date, 
for its operations in Euro, increased by 1.5 percentage points. 

1. 

2. 

3. 

4. 

5. 

6. 

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ANNEX III 

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES 
OF THE EUROPEAN COMMUNITIES 

THE HIGH CONTRACTING PARTIES, 

CONSIDERING  that,  in  accordance  with  Article  28  of  the  Treaty  establishing  a  Single 
Council and a Single Commission of the European Communities, these Communities and the 
European Investment Bank shall enjoy in the territories of the Member States such privileges 
and immunities as are necessary for the performance of their tasks,  

HAVE AGREED upon the following provisions, which shall be annexed to this Treaty. 

CHAPTER I 

PROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE EUROPEAN 
COMMUNITIES 

Article 1 

The  premises  and  buildings  of  the  Communities  shall  be  inviolable.  They  shall  be  exempt 
from search, requisition, confiscation or expropriation.  

The property and assets of the Communities shall not be the subject of any administrative or 
legal measure of constraint without the authorisation of the Court of Justice.  

The archives of the Communities shall be inviolable.  

Article 2 

Article 3 

The  Communities,  their  assets,  revenues  and  other  property  shall  be  exempt  from  all  direct 
taxes. 

The  governments  of  the  Member  States  shall,  wherever  possible,  take  the  appropriate 
measures to remit or refund the amount of indirect taxes or sales taxes included in the price of 
movable  or  immovable  property,  where  the  Communities  make,  for  their  official  use, 
substantial purchases the price of which includes taxes of this kind. These provisions shall not 
be  applied,  however,  so  as  to  have  the  effect  of  distorting  competition  within  the 
Communities. 

No exemption shall be granted in respect of taxes and dues which amount merely to charges 
for public utility services. 

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Article 4 

The  Communities  shall  be  exempt  from  all  customs  duties,  prohibitions  and  restrictions  on 
imports and exports in respect of articles intended for their official use: articles so imported 
shall not be disposed of, whether or not in return for payment, in the territory of the country 
into which they have been imported, except under conditions approved by the government of 
that country.  

The  Communities  shall  also  be  exempt  from  any  customs  duties  and  any  prohibitions  and 
restrictions on import and exports in respect of their publications. 

The  European  Coal  and  Steel  Community  may  hold  currency  of  any  kind  and  operate 
accounts in any currency. 

Article 5 

CHAPTER II 

COMMUNICATIONS AND LAISSEZ PASSER 

Article 6 

For their official communications and the transmission of all their documents, the institutions 
of the Communities shall enjoy in the territory of each Member State the treatment accorded 
by that State to diplomatic missions.  

Official  correspondence  and  other  official  communications  of  the  institutions  of  the 
Communities shall not be subject to censorship. 

Article 7 

1. 

2. 

Laissez passer in a form to be prescribed by the Council, which shall be recognized 
as valid travel documents by the authorities of the Member States, may be issued to 
members  and  servants  of  the  institutions  of  the  Communities  by  the  Presidents  of 
these institutions. These laissez passer shall be issued to officials and other servants 
under conditions laid down in the Staff Regulations of officials and the Conditions of 
Employment of other servants of the Communities. 

The Commission may conclude agreements for these laissez passer to be recognised 
as valid travel documents within the territory of third countries. 

The provisions of Article 6 of the Protocol on the privileges and immunities of the 
European Coal and Steel Community shall, however, remain applicable to members 
and servants of the institutions who are at the date of entry into force of this Treaty in 
possession  of  the  laissez  passer  provided  for  in  that  Article,  until  the  provisions  of 
paragraph 1 of this Article are applied. 

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CHAPTER III 

MEMBERS OF THE EUROPEAN PARLIAMENT 

Article 8 

No administrative or other restriction shall be imposed on the free movement of Members of 
the  European  Parliament  travelling  to  or  from  the  place  of  meeting  of  the  European 
Parliament. 

Members  of  the  European  Parliament  shall,  in  respect  of  customs  and  exchange  control,  be 
accorded:  

(a) 

(b) 

by  their  own  government,  the  same  facilities  as  those  accorded  to  senior  officials 
travelling abroad on temporary official missions;  

by the government of other Member States, the same facilities as those accorded to 
representatives of foreign governments on temporary official missions. 

Article 9 

Members of the European Parliament shall not be subject to any form of inquiry, detention or 
legal proceedings in respect of opinions expressed or votes cast by them in the performance of 
their duties.  

Article 10 

During the sessions of the European Parliament, its Members shall enjoy:  

(a) 

(b) 

in  the  territory  of  their  own  State,  the  immunities  accorded  to  members  of  their 
parliament; 

in the territory of any other Member State, immunity from any measure of detention 
and from legal proceedings. 

Immunity shall likewise apply to Members while they are travelling to and from the place of 
meeting of the European Parliament. 

Immunity cannot be claimed when a Member is found in the act of committing an offence and 
shall not prevent the European Parliament from exercising its right to waive the immunity of 
one of its Members. 

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CHAPTER IV 

REPRESENTATIVES OF MEMBER STATES TAKING PART IN THE WORK OF 
THE INSTITUTIONS OF THE EUROPEAN COMMUNITIES 

Article 11 

Representatives  of  Member  States  taking  part  in  the  work  of  the  institutions  of  the 
Communities, their advisers and technical experts shall, in the performance of their duties and 
during  their  travel  to  and  from  the  place  of  meeting,  enjoy  the  customary  privileges, 
immunities and facilities.  

This Article shall also apply to members of the advisory bodies of the Communities.  

OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN COMMUNITIES 

CHAPTER V 

Article 12 

In  the  territory  of  each  Member  State  and  whatever  their  nationality,  officials  and  other 
servants of the Communities shall:  

(a) 

(b) 

(c) 

(d) 

(e) 

subject to the provisions of the Treaties relating, on the one hand, to the rules on the 
liability  of  officials  and  other  servants  towards  the  Communities  and,  on  the  other 
hand, to the jurisdiction of the Court in disputes between the Communities and their 
officials  and  other  servants,  be  immune  from  legal  proceedings  in  respect  of  acts 
performed by them in their official capacity, including their words spoken or written. 
They shall continue to enjoy this immunity after they have ceased to hold office;  

together with their spouses and dependent members of their families, not be subject 
to immigration restrictions or to formalities for the registration of aliens;  

in respect of currency or exchange regulations, be accorded the same facilities as are 
customarily accorded to officials of international organisations;  

enjoy  the  right  to  import  free  of  duty  their  furniture  and  effects  at  the  time  of  first 
taking up their post in the country concerned, and the right to re export free of duty 
their  furniture  and  effects,  on  termination  of  their  duties  in  that  country,  subject  in 
either  case  to  the  conditions  considered  to  be  necessary  by  the  government  of  the 
country in which this right is exercised;  

have  the  right  to  import  free  of  duty  a  motor  car  for  their  personal  use,  acquired 
either  in  the  country  of  their  last  residence  or  in  the  country  of  which  they  are 
nationals on the terms ruling in the home market in that country, and to re export it 
free of duty, subject in either case to the conditions considered to be necessary by the 
government of the country concerned.  

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Article 13 

Officials and other servants of the Communities shall be liable to a tax for the benefit of the 
Communities  on  salaries,  wages  and  emoluments  paid  to  them  by  the  Communities,  in 
accordance with the conditions and procedure laid down by the Council, acting on a proposal 
from the Commission. 

They  shall  be  exempt  from  national  taxes  on  salaries,  wages  and  emoluments  paid  by  the 
Communities. 

Article 14 

In  the  application  of  income  tax,  wealth  tax  and  death  duties  and  in  the  application  of 
conventions  on  the  avoidance  of  double  taxation  concluded  between  Member  States  of  the 
Communities,  officials  and  other  servants  of  the  Communities  who,  solely  by  reason  of  the 
performance of their duties in the service of the Communities, establish their residence in the 
territory of a Member State other than their country of domicile for tax purposes at the time of 
entering  the  service  of  the  Communities,  shall  be  considered,  both  in  the  country  of  their 
actual residence and in the country of domicile for tax purposes, as having maintained their 
domicile in the latter country provided that it is a member of the Communities. This provision 
shall also apply to a spouse, to the extent that the latter is not separately engaged in a gainful 
occupation,  and  to  children  dependent  on  and  in  the  care  of  the  persons  referred  to  in  this 
Article. 

Movable property belonging to persons referred to in the preceding paragraph and situated in 
the territory of the country where they are staying shall be exempt from death duties in that 
country;  such  property shall, for the  assessment of such duty, be considered  as being in  the 
country  of  domicile  for  tax  purposes,  subject  to  the  rights  of  third  countries  and  to  the 
possible application of provisions of international conventions on double taxation. 

Any domicile acquired solely by reason of the performance of duties in the service of other 
international organisations shall not be taken into consideration in applying the provisions of 
this Article. 

The  Council  shall,  acting  unanimously  on  a  proposal  from  the  Commission,  lay  down  the 
scheme of social security benefits for officials and other servants of the Communities. 

Article 15 

Article 16 

The Council shall, acting on a proposal from the Commission and after consulting the other 
institutions  concerned,  determine  the  categories  of  officials  and  other  servants  of  the 
Communities to whom the provisions of Article 12, the second paragraph of Article 13, and 
Article 14 shall apply, in whole or in part.  

The names, grades  and  addresses  of  officials and other servants included in such categories 
shall be communicated periodically to the governments of the Member States.  

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CHAPTER VI 

PRIVILEGES AND IMMUNITIES OF MISSIONS OF THIRD COUNTRIES 
ACCREDITED TO THE EUROPEAN COMMUNITIES 

Article 17 

The  Member  State  in  whose  territory  the  Communities  have  their  seat  shall  accord  the 
customary  diplomatic  immunities  and  privileges  to  missions  of  third  countries  accredited  to 
the Communities.  

CHAPTER VII 

GENERAL PROVISIONS 

Article 18 

Privileges,  immunities  and  facilities  shall  be  accorded  to  officials  and  other  servants  of  the 
Communities solely in the interests of the Communities.  

Each institution of the Communities shall be required to waive the immunity accorded to an 
official or other servant wherever that institution considers that the waiver of such immunity 
is not contrary to the interests of the Communities.  

The institutions of the Communities shall, for the purpose of applying this Protocol, cooperate 
with the responsible authorities of the Member States concerned.  

Article 19 

Articles 12 to 15 and Article 18 shall apply to Members of the Commission.  

Article 20 

Article 21 

Articles  12  to  15  and  Article  18  shall  apply  to  the  Judges,  the  Advocates  General,  the 
Registrar  and  the  Assistant  Rapporteurs  of  the  Court  of  Justice,  without  prejudice  to  the 
provisions  of  Article  3  of  the  Protocols  on  the  Statute  of  the  Court  of  Justice  concerning 
immunity from legal proceedings of Judges and Advocates General. 

Article 22 

This Protocol shall also apply to the European Investment Bank, to the members of its organs, 
to its staff and to the representatives of the Member States taking part in its activities, without 
prejudice to the provisions of the Protocol on the Statute of the Bank. 

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The  European  Investment  Bank  shall  in  addition  be  exempt  from  any  form  of  taxation  or 
imposition of a like nature on the occasion of any increase in its capital and from the various 
formalities  which  may  be  connected  therewith  in  the  State  where  the  Bank  has  its  seat. 
Similarly,  its  dissolution  or  liquidation  shall  not  give  rise  to  any  imposition.  Finally,  the 
activities of the Bank and of its organs carried on in accordance with its Statute shall not be 
subject to any turnover tax.  

Article 23 

This Protocol shall also apply to the European Central Bank, to the members of its organs and 
to its staff, without prejudice to the provisions of the Protocol on the Statute of the European 
System of Central Banks and the European Central Bank. 

The  European  Central  Bank  shall,  in  addition,  be  exempt  from  any  form  of  taxation  or 
imposition of a like nature on the occasion of any increase in its capital and from the various 
formalities which may be connected therewith in the State where the Bank has its seat. The 
activities  of  the  Bank  and  of  its  organs  carried  on  in  accordance  with  the  Statute  of  the 
European System of Central Banks and of the European Central Bank shall not be subject to 
any turnover tax. 

The above provisions shall also apply to the European Monetary Institute. Its dissolution or 
liquidation shall not give rise to any imposition. 

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.  

Done  at  Brussels  this  eighth  day  of  April  in  the  year  one  thousand  nine  hundred  and  sixty 
five.  

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APPENDIX TO ANNEX III 

Procedure for the application in Switzerland 
of the Protocol on privileges and immunities 

1. 

Extension of application to Switzerland 

Wherever  the  Protocol  on  the  privileges  and  immunities  of  the  European  Communities 
(hereinafter called “the Protocol”) contains references to Member States, the references are to 
be  understood  to  apply  equally  to  Switzerland,  unless  the  following  provisions  determine 
otherwise. 

2. 

Exemption of the Agency from indirect taxation (including VAT) 

Goods and services exported from Switzerland are not to be subject to Swiss value added tax 
(VAT).  In  the  case  of  goods  and  services  provided  to  the  Agency  in  Switzerland  for  its 
official use, in accordance with the second paragraph of Article 3 of the Protocol exemption 
from VAT is by way of refund. Exemption from VAT is granted if the actual purchase price 
of  the  goods  and  services  mentioned  in  the  invoice  or  equivalent  document  totals  at  least 
100 Swiss francs (inclusive of tax).  

The  VAT  refund  is  to  be  granted  on  presentation  to  the  Federal  Tax  Administration's  VAT 
Main  Division  of  the  Swiss  forms  provided  for  the  purpose.  As  a  rule,  refund  applications 
must  be  processed  within  the  three  months  following  the  date  on  which  they  were  lodged 
together with the necessary supporting documents. 

3. 

Procedure for the application of the rules relating to the Agency's staff 

As  regards  the  second  paragraph  of  Article  13  of  the  Protocol,  Switzerland  must  exempt, 
according  to  the  principles  of  its  national  law,  officials  and  other  servants  of  the  Agency 
within the meaning of  Article 2 of Regulation No 549/69 of the Council of 25 March 1969 
(OJ L 74, 23.7.1969, p. 1) from federal, cantonal and communal taxes on salaries, wages and 
emoluments paid to them by the Community and subject to an internal tax for its own benefit.  

Switzerland is not to be considered as a Member State within the meaning of point 1 above 
for the application of Article 14 of the Protocol. 

Officials and other servants of the Agency and members of their families who are members of 
the  social  insurance  system  applicable  to  officials  and  other  servants  of  the  Community  are 
not obliged to be members of the Swiss social security system.  

The  Court  of  Justice  of  the  European  Communities  is  to  have  exclusive  jurisdiction  in  any 
matters concerning relations between the Agency or the Commission and its staff with regard 
to  the  application  of  Regulation  (EEC,  Euratom,  ECSC)  No  259/68  of  the  Council  and  the 
other provisions of Community law laying down working conditions. 

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ANNEX IV 

FINANCIAL CONTROL AS REGARDS SWISS PARTICIPANTS IN ACTIVITIES 
OF THE EUROPEAN ENVIRONMENT AGENCY AND EIONET 

1. 

Direct communication 

The  Agency  and  the  Commission  will  communicate  directly  with  all  persons  or  entities 
established  in  Switzerland  and  participating  in  activities  of  the  Agency  or  EIONET,  as 
contractors, participants in Agency programmes, recipients of payments from the Agency or 
the Community budget, or subcontractors. Such persons may send directly to the Commission 
and  to  the  Agency  any  relevant  information  and  documentation  which  they  are  required  to 
communicate on the basis of the instruments to which this Agreement relates and of contracts 
or agreements concluded and any decisions taken pursuant to them. 

2. 

1. 

2. 

3. 

4. 

5. 

3. 

1. 

2. 

Audits 

In  accordance  with  Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June 
2002 and the financial regulation adopted by the Management Board of the Agency 
on  26  March  2003,  with  Commission  Regulation  (EC,  Euratom)  No  2343/2002  of 
23 December  2002  and  with  the  other  instruments  referred  to  in  this  Agreement, 
contracts or agreements concluded and decisions taken with beneficiaries established 
in Switzerland may provide for scientific, financial, technological or other audits to 
be  conducted  at  any  time  on  the  premises  of  the  beneficiaries  and  of  their 
subcontractors by Agency and Commission officials or by other persons authorised 
by the Agency and the Commission. 

Agency and Commission officials and other persons authorised by the Commission 
must  have  appropriate  access  to  sites,  works  and  documents  and  to  all  the 
information required in order to carry out such audits, including in electronic form. 
This  right  of  access  must  be  explicitly  included  in  the  contracts  or  agreements 
concluded pursuant to the instruments referred to in this Agreement. 

The Court of Auditors is to have the same rights as the Commission. 

The audits may take place five years after the expiry of this Agreement or under the 
terms of the contracts or agreements concluded and the decisions taken. 

The Swiss Federal Audit Office is to be informed in advance of audits conducted on 
Swiss territory. This information will not be a legal condition for carrying out such 
audits. 

On-the-spot checks 

Under this Agreement the Commission (OLAF) is authorised to carry out on-the-spot 
checks and inspections on Swiss territory, under the terms and conditions set out in 
Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996. 

On-the-spot  checks  and  inspections  are  to  be  prepared  and  conducted  by  the 
Commission in close cooperation with the Swiss Federal Audit Office or with other 

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competent  authorities  of  Switzerland  appointed  by  the  Swiss  Federal  Audit  Office, 
which  must  be  notified  in  good  time  of  the  object,  purpose  and  legal  basis  of  the 
checks and inspections, so that they can provide all the requisite help. To that end, 
the  officials  of  the  Swiss  competent  authorities  may  participate  in  the  on-the-spot 
checks and inspections. 

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

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

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

Information and consultation 

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

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

3. 

4. 

5. 

4. 

1. 

2. 

5. 

Confidentiality 

Information communicated or acquired in any form whatever pursuant to this Annex will be 
covered by professional confidentiality and protected in the same way as similar information 
is  protected  by  the  national  legislation  of  Switzerland  and  by  the  corresponding  provisions 
applicable  to  the  Community  institutions.  Such  information  may  not  be  communicated  to 
persons other than those within the Community institutions or in Switzerland whose functions 
require them to know it nor may it be used by Community institutions for purposes other than 
to ensure effective protection of the financial interests of the contracting Parties. 

6. 

Administrative measures and penalties 

Without prejudice to application of Swiss criminal law, administrative measures and penalties 
may  be  imposed  by  the  Agency  or  the  Commission  in  accordance  with  Regulations  (EC, 
Euratom) No 1605/2002 of 25 June 2002 and (EC, Euratom) No 2342/2002 of 23 December 
2002 and with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the 
protection of the European Communities' financial interests. 

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7. 

Recovery and enforcement 

Decisions taken by the Agency or the Commission within the scope of this Agreement which 
impose  a  pecuniary  obligation  on  persons  other  than  States  must  be  enforceable  in 
Switzerland.  The  enforcement  order  must  be  issued,  without  any  further  control  than 
verification  of  the  authenticity  of  the  act,  by  the  authority  designated  by  the  Swiss 
government,  which  must  inform  the  Agency  or  the  Commission  thereof.  Enforcement  must 
take place in accordance with the Swiss rules of procedure. The legality of the enforcement 
decision is subject to control by the Court of Justice of the European Communities. 

Judgments  given  by  the  Court  of  Justice  of  the  European  Communities  pursuant  to  an 
arbitration clause are enforceable on the same terms. 

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LEGISLATIVE FINANCIAL STATEMENT 

Policy area(s): Environment 

Activit(y/ies): Environment policy development 

TITLE OF ACTION: Participation of Switzerland in the European Environment Agency 

1. 

BUDGET LINE(S) + HEADING(S)  

07 04 01 01 and 07 04 01 02 (For information) 

6033 (income) 

2. 

OVERALL FIGURES  

The  revenues  accruing  from  the  participation  of  Switzerland  will  be  channelled  directly 
through  to  the  Agency  via  the  Community  budget  (see  table  below  under  point  2,  section 
“Financial Impact on Revenue”). .The amount channelled through is calculated as the annual 
Community subvention to the Agency divided by the number of Member States. 

Period of application: 

The  period  of  application  is  in  principle  unlimited  and  starts  when  the  procedures  for 
ratification have been finalised (Articles 19 and 20 of the draft Agreement). 

Overall multiannual estimate on expenditure: 

a)  Schedule  of  commitment  appropriations/payment  appropriations  (financial  intervention) 
(see point 6.1.1) 

The period is unlimited. The table below shows the estimate amounts for the years 2005 and 
2006  in  line  with  current  financial  perspectives.  The  amounts  for  subsequent  years  will 
increase or decrease in proportion to the Community subvention to the Agency as long as the 
number of EU Member States remains unchanged at 25. 

Compatibility with the financial programming and the financial perspective 

(cid:59) 

Proposal compatible with the existing financial programming 

This  proposal  will  entail  reprogramming  of  the  relevant  heading  in  the 

(cid:133) 
financial perspective 

This  may  entail  application  of  the  provisions  of  the  Interinstitutional 

(cid:133) 
Agreement. 

Financial impact on revenue: 

(cid:133)  No financial implications (involves technical aspects regarding implementation 
of a measure) 

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OR 

(cid:59) 

Financial impact – the effect on revenue is as follows: 

Budget line  Revenue 

Prior to 
action 
(Year n-
1) 

Item 6033 

a) Revenue in absolute terms  0 

b) Change in Revenue 

 ∆ 

€ million 

Situation following action 

2005 

1.076 

2006 

1.080 

0.004 

The revenues will be entered as earmarked revenues into the Community budget (item 6033). 

For explanation see above tables on expenditure. 

3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
participation

Non-comp 

Diff 

YES 

YES 

Participation 
applicant 
countries 
NO(1) 

Heading 
Financial 
Perspective 

No 3 

(1) But applicant countries do participate in core funding for the Agency. 

4. 

LEGAL BASIS  

•  Article 19 of the Council Regulation (EEC) 1210/1990 modified by Regulation 933/1999 
on the establishment of the European Environment Agency, which opens the membership 
of the Agency up to non-EU countries. 

•  The proposed Council Decision on the conclusion of the agreement between the European 
Community  and  the  Switzerland  concerning  Switzerland’s  participation  in  the  European 
Environment  Agency  and  the  European  Environment  Information  and  Observation 
Network, to which this legislative financial statement is annexed. 

5. 

DESCRIPTION AND GROUNDS 

Need for Community intervention: objectives pursued 

Participation  of  Switzerland  in  the  Agency  will  help  to  bring  Swiss  monitoring 
systems and methods for data collection and data treatment in line with those used by 
the other countries participating in the Agency, which will facilitate the provision of 
reliable  and  comparable  information  on  the  state  of  environment  in  Europe.  It  will 
also  support  integrated  assessment  and  environmental  reporting  of  the  ecosystems 

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that  are  shared  by  Switzerland  and  its  neighbouring  countries.  The  Agency  will  be 
able  to  report  on  the  state  of  the  environment  of  a  larger  part  of  Europe,  including 
Switzerland, and Switzerland will also be included in all other reporting activities of 
the Agency. 

Methods of implementation 

The Commission will pass on the contribution from Switzerland to the Agency as part of the 
annual subsidy. The Agency is responsible for implementation of the actions and management 
of the resources involved. 

6. 

FINANCIAL IMPACT  

Swiss  membership  of  the  Agency  as  proposed  will  have  no  overall  financial  impact  on  the 
Commission. 

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE  

Swiss  membership  of  the  Agency  will  have  no  impact  on  human  resources  in  the 
Commission. It will have an impact on the human resources in the Agency, as adopted in the 
annual EEA establishment plan.  

8. 

FOLLOW-UP AND EVALUATION 

Follow-up arrangements 

All  the  procedures  for  the  implementation  and  the  follow-up  of  this  programme  will  be  in 
compliance with the provisions of Commission Regulation (EC, Euratom) No 2343/2002 of 
23  December  2002  on  the  framework  Financial  Regulation  for  the  bodies  referred  to  in 
Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation 
applicable to the general budget of the European Communities 

9. 

ANTI-FRAUD MEASURES 

Anti-fraud  measures  are  included  in  the  conventions  and  contracts  agreed  between  the 
European Environment Agency and the beneficiaries: these measures include the possibility 
to  carry  out  financial,  scientific  or  other  specific  audits.  Moreover,  the  EEA  has  an  internal 
auditing function, which shall advise on dealing with risks, by issuing independent opinions 
on the quality of management and control systems. The Commission’s internal auditor shall 
also  exercise  the  same  powers  with  respect  to  the  EEA  as  with  respect  to  Commission 
departments. 

Furthermore, the Court of Auditors shall scrutinise the accounts of the European Environment 
Agency  in  accordance  with  Article  248  of  the  EC  Treaty.  Moreover,  this  scrutiny  shall  be 
governed by Articles 139 to 144 of the Financial Regulation applicable to the general budget 
of the European Communities. 

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In addition, the European Anti Fraud Office may carry out on-the-spot checks and inspections 
in  accordance  with  the  Council  Regulation  (Euratom,  EC)  No  2185/96  and  Parliament  and 
Council Regulation (EC) no 1073/1999 from signature of the Contract up to five years after 
payment of the balance. 

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