Proposal for a Council Decision authorizing the conclusion, on behalf of the European Community, of a Memorandum of Understanding between the European Community and the Swiss Federal Council on a contribution by the Swiss Confederation towards reducing economic and social disparities in the enlarged European Union, and authorizing certain Member States to conclude individually agreements with the Swiss Confederation on the implementation of the Memorandum
Date: 2005-10-20
Institutions: European Commission
Subjects: EU Member State, Switzerland, economic and social cohesion, economic disparity, enlargement of the Union, financial aid, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.10.2005 
COM(2005) 468 final 

2005/0198 (CNS) 

Proposal for a 

COUNCIL DECISION 

authorizing the conclusion, on behalf of the European Community, of a Memorandum 
of Understanding between the European Community and the Swiss Federal Council on 
a contribution by the Swiss Confederation towards reducing economic and social 
disparities in the enlarged European Union, and authorizing certain Member States to 
conclude individually agreements with the Swiss Confederation on the implementation 
of the Memorandum 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Council  authorised  the  Commission  in  April  2003  to  negotiate  with  Switzerland  on  a 
financial contribution to reducing economic and social disparities in the enlarged EU within 
the framework of the package of agreements to be negotiated with Switzerland. 

At  the  EU-CH  summit  in  May  2004,  Switzerland  pledged  to  contribute  with  CHF  1  billion 
over 5 years. This was accepted by Council as part of an overall compromise leading to the 
conclusion of a large negotiation round which covered nine sector agreements.  

Negotiations  on  the  technical  details  of  this  specific  contribution  were  held  between 
November  2004  and  May  2005.  The  result  of  these  negotiations  is  the  Memorandum  of 
Understanding  in  the  annex,  which  sets  out  the  framework  for  the  allocation  of  the  Swiss 
contribution and the sectors to be prioritised. The following aspects are noteworthy: 

Form of the agreement 

The  conclusion  of  a  binding  agreement  with  the  European  Community  proved  to  be 
impossible as it would not have been accepted in the Swiss ratification process. Therefore it 
has  been  necessary  to  accept  instead  a  Memorandum  of  Understanding  with  the  Federal 
Council which will be complemented by binding agreements with each beneficiary state. The 
memorandum  contains  all  necessary  elements  and  stipulates  that  individual  bilateral 
agreements between beneficiary states and Switzerland will be in conformity with its content.  

Number of beneficiaries 

Switzerland  has  made  clear  that  the  financial  contribution  is  limited  to  making  payments 
which cover only the ten new Member States. The Swiss authorities have argued further that 
the Swiss Parliament would never accept to change the legal basis of the budget appropriation 
to  include  EU  13.  In  the  light  of  the  current  political  situation  in  Switzerland  this  seems 
credible.  The  Swiss  also  refer  to  the  EU’s  agreement  with  Norway  as  a  precedent  (the 
bilateral  Norwegian  contribution  is  allocated  only  to  the  10  new  Member  States).  If  the 
Community continues therefore to insist on the inclusion of all beneficiaries of EU cohesion 
policy,  Switzerland  will  refuse  to  sign  a  Memorandum  with  the  EC  and  negotiate  instead 
bilaterally with the new Member States. That would clearly not be in the interest of the EU as 
it is intended that the Memorandum will be the basis for a future Swiss contribution on  the 
occasion  of  the  next  enlargement  and  for  a  prolongation  after  five  years.  Therefore  the 
proposed Memorandum is the only realistic option.  

The Commission negotiators have endeavoured to ensure that the Memorandum provides for 
the  possibility  of  joint  projects  together  with  other  EU  Member  States  participating  in  the 
EU’s  economic  and  social  cohesion  policy,  thereby  making  it  clear  that  this  policy  is  not 
limited  to  the  ten  beneficiaries  mentioned  in  the  Memorandum.  Such  joint  projects  may  be 
cofinanced by Community instruments in the fields of cohesion and interregional cooperation. 

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Distribution key 

The distribution of the Swiss contribution on beneficiaries is based on the existing key of the 
cohesion fund, which had been agreed by all member states. Malta has requested a revision of 
this key, but this is not achievable within the context of this exercise. The current distribution 
key was also used in the EU’s bilateral agreement with Norway.  

Legal basis 

It is proposed that the Memorandum be concluded on the basis of Articles 159, paragraph 3, 
and  300  of  the  Treaty,  which  provide  that  Council  shall  act  by  qualified  majority.  The 
Memorandum will be concluded with its signature. 

Cohesion policy 

It should be noted that the Memorandum of Understanding will be concluded in the context of 
external relations. It is not meant to have any impact on the principles, including the criteria 
and  methods  for  the  allocation  of  resources,  of  the  cohesion  policy  of  the  European  Union 
itself, which has the objective to promote its overall harmonious development. 

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2005/0198 (CNS) 

Proposal for a 

COUNCIL DECISION 

authorizing the conclusion, on behalf of the European Community, of a Memorandum 
of Understanding between the European Community and the Swiss Federal Council on 
a contribution by the Swiss Confederation towards reducing economic and social 
disparities in the enlarged European Union, and authorizing certain Member States to 
conclude individually agreements with the Swiss Confederation on the implementation 
of the Memorandum 

THE COUNCIL OF THE EUROPEAN UNION 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 159,  paragraph  3,  in  conjunction  with  the  first  sentence  of  the  first  subparagraph  of 
Article 300 (2) and the first subparagraph of Article 300 (3) thereof, 

Having regard to the proposal from the Commission,1 

Having regard to the opinion of the European Parliament,2 

Whereas: 

(1) 

(2) 

The  Council  authorised  the  Commission  in  April  2003  to  negotiate  on  behalf  of  the 
Community with the Swiss Confederation an agreement on a financial contribution of 
Switzerland  to  reducing  economic  and  social  disparities  in  the  enlarged  European 
Union. 

Negotiations  on  the  technical  details  of  this  specific  contribution  were  held  between 
November 2004 and May 2005. The result of these negotiations is the memorandum of 
understanding  in  the  annex,  which  sets  out  the  framework  for  the  allocation  of  the 
Swiss contribution and the sectors to be prioritised, without prejudice to the principles, 
including  the  criteria  and  methods  for  the  allocation  of  resources,  of  the  cohesion 
policy of the Community.  

HAS DECIDED AS FOLLOWS: 

The  Memorandum  of  Understanding  between  the  European  Community  and  the  Swiss 
Federal Council on a contribution by the Swiss Confederation towards reducing economic and 

Article 1 

1 
2 

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

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social  disparities  in  the  enlarged  European  Union  is  hereby  approved  on  behalf  of  the 
European Community. 

The text of the Memorandum of Understanding is attached to this Decision. 

Article 2  

The President of the Council is hereby authorized to designate the person empowered to sign 
on  behalf  of  the  European  Community  the  Memorandum  of  Understanding  between  the 
European  Community  and  the  Swiss  Federal  Council  on  a  contribution  by  the  Swiss 
Confederation  towards  reducing  economic  and  social  disparities  in  the  enlarged  European 
Union. 

Article 3  

The Member States which are listed in the Memorandum of Understanding as beneficiaries of 
the  Swiss  financial  contribution  are  hereby  authorised  to  conclude  individually  agreements 
with  the  Swiss  Confederation  on  the  implementation  of  the  memorandum.  Prior  to  the 
signature of such an agreement, the Member States shall coordinate their positions within the 
Council.  

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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ANNEX I 

Memorandum of Understanding between the European Community and the Swiss 
Federal Council on a contribution by the Swiss Confederation towards reducing 
economic and social disparities in the enlarged European Union 

the European Community, 
hereinafter referred to as ‘the Community’, and 

The Swiss Federal Council, 
hereinafter referred to as the Federal Council 

Considering the close links between the European Union and Switzerland based on numerous 
sectoral agreements, particularly in economic, scientific and cultural areas, 

Considering that enlargement of the European Union contributes towards safeguarding peace, 
freedom,  stability  and  prosperity  in  Europe,  and  the  Federal  Council  is  determined  to 
demonstrate the support of the Swiss Confederation in that respect, 

Considering  the  European  Community’s  request  to  the  Swiss  Confederation  to  contribute 
towards reducing economic and social disparities within the European Union, 

Considering  the  European  Union’s  efforts  on  external  assistance  and  pre-accession  aid  and 
economic and social cohesion, 

Considering the Swiss Confederation’s support to the countries of central and eastern Europe, 

Desiring  to  give  shape  to  the  political  will  of  the  Federal  Council  to  contribute  to  reducing 
economic and social disparities within the European Union through this memorandum, 

have drawn up the following guidelines: 

1. 

The Swiss contribution 

The Federal Council shall negotiate with the Member States listed in point 2 agreements on 
the  arrangements  for  a  Swiss  contribution  of  one  billion  Swiss  francs  over  a  period  of  five 
years, starting from the approval of the funds by the Swiss Parliament, towards the reduction 
of economic and social disparities within the enlarged European Union. 

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2. 

Breakdown of the Swiss contribution 

Beneficiary State 

Percentage of the total contribution 

Czech Republic 

Estonia 

Cyprus 

Latvia 

Lithuania 

Hungary 

Malta 

Poland 

Slovenia 

Slovakia 

11.0% 

4.0% 

0.6% 

6.0% 

7.1% 

13.1% 

0.3% 

49.0% 

2.2% 

6.7% 

Regional  and  national  projects  and  programmes,  and  projects  and  programmes  that  involve 
several beneficiary States, may be financed by this contribution. 

3. 

Review 

The  situation  shall  be  reviewed  2  years  and  4  years  after  the  implementation  of  the  Swiss 
contribution  begins,  in  order  to  reallocate  any  funds  that  have  not  been  committed  to 
high-priority projects and programmes in the beneficiary States. 

4. 

Funding guidelines and areas 

Security, stability and support for reforms: 

– 

– 

– 

– 

– 

– 

– 

Strengthening local management capacity at regional and communal level; 

Measures for securing borders; 

Improvements in the management of immigration and asylum issues; 

Access  to  information  systems  on  security  law  and  developing  the  legal  aspects  of 
security; 

Modernisation of the judiciary; 

Strengthening  institutions  and  capacity  for  combating  corruption  and  organised 
crime;  

Nuclear safety; 

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– 

– 

Prevention and management of natural disasters; 

Regional development initiatives in peripheral or disadvantaged regions. 

Environment and infrastructure: 

– 

– 

– 

– 

– 

– 

Sanitation  and  modernisation  of  basic  infrastructure  (energy  efficiency,  drinking 
water, waste water, waste disposal, public transport); 

Improvements  in  environmental  conditions,  reduction  of  harmful  emissions, 
development and enforcement of ecological monitoring standards and norms;  

Toxic waste disposal, and revitalisation of contaminated industrial sites; 

Regional,  town  and  country  planning  of  land  use,  infrastructure,  the  environment, 
etc.; 

Cross-border environmental initiatives like “Environment for Europe”; 

Biodiversity and nature protection. 

Promotion of the private sector: 

– 

Development  of  the  private  sector  and  promotion  of  exports,  with  the  emphasis  on 
small and medium-sized enterprises (SMEs); 

–  

Improving access to capital, support to SMEs in the management field; 

– 

– 

– 

– 

Promotion of certified organic agricultural products; 

Promotion  of  standards,  norms  and  conformity  assessment  in  industrial  and 
agricultural  production;  promotion  of  industrial  production  that  conforms  to  the 
principle  of  sustainable  development  from 
the  social,  environmental,  and 
eco-efficiency point of view; 

Improved  regulation  of  the  financial  sector,  and  strengthening  of  financial  markets 
and institutions; 

Protection of intellectual property. 

Human and social development: 

– 

– 

– 

– 

Building public administration capacity at central, regional and municipal levels, to 
bring it up to EU standards; 

Technical and vocational training; 

Research  and  development  (scientific  exchange  programmes,  grants,  partnerships, 
cooperation in applied research, etc.); 

Health  (modernisation  of  hospitals,  reform  of  health  insurance  systems,  preventive 
measures, etc.); 

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– 

– 

Twinning of towns and communes; 

Support for international development initiatives. 

Funding areas shall be selected and ranked according to the needs of each beneficiary State.  

5. 

Information and coordination 

The Federal Council  and  the European Commission shall communicate  regularly as regards 
the implementation  of  the  Swiss  contribution, whenever the need arises, including in policy 
matters. They shall coordinate their activities to ensure the compatibility of the projects and 
programmes  proposed,  in  order  to  reduce  economic  and  social  disparities.  To  that  end,  the 
European Commission shall inform the Federal Council of its assessment of the compatibility 
between the projects and programmes proposed and the Community’s objectives, and of any 
relevant changes in EU cohesion policies, which shall be duly taken into account. They shall 
also  coordinate  with  other  institutions  and  donors  that  finance  the  same  projects  and 
programmes.  

Where appropriate, projects and programmes may be carried out in cooperation with other EU 
Member States participating in the EU’s economic and social cohesion policy. These projects 
and programmes may be cofinanced by Community instruments in the fields of cohesion and 
interregional cooperation. 

6. 

Selection of projects and programmes 

The Federal Council shall select projects and programmes in agreement with the beneficiary 
States, taking account of their requests, needs and actual take-up capacity. 

7. 

Implementation of projects and programmes 

(a) 

(b) 

(c) 

Projects and programmes shall be implemented as appropriate on a basis that is 
bilateral,  multi-bilateral  (involving  cofinancing  with  other  institutions  or 
donors), or multilateral (through a fiduciary system). 

The Swiss contributions shall be in the form of gifts or concessional financial 
facilities. They will not be repayable to Switzerland.  

Entities  that  benefit  from  the  Swiss  contribution  will  in  principle  be  minority 
finance partners on the projects or programmes. The Swiss contribution, in the 
form  of  grants,  may  not  exceed  60%  of  the  cost  of  the  project,  except  in  the 
case of projects receiving additional financing in the form of budget allocations 
from  national,  regional  or  local  authorities,  in  which  case  the  Swiss 
contribution  may  not  exceed  85%  of  the  total  cost.  The  rules  for  cofinancing 
shall  be 
institution-building 
programmes, and projects and programmes implemented by non-governmental 
organisations may be fully financed by the Swiss contribution. 

respected.  Technical  assistance  projects, 

(d) 

Rules  regarding  public  procurement  and  State  aid  shall  be  respected. 
Contributions towards projects or programmes may not be tied. 

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(e) 

The  management  costs  of  the  Swiss  government  shall  be  covered  by  the 
amounts referred to in point 1. These include staffing and administrative costs, 
mission  expenses  for  officials  and  consultants,  and  the  cost  of  financial 
controls and evaluation. 

8. 

Implementation of the Swiss contribution 

The  Federal  Council  shall  propose  that  the  Swiss  Parliament  approve  funding  amounting  to 
one  billion  Swiss  francs  for  the  implementation  of  the  Swiss  contribution,  to  start  in  2006. 
The  agreements  referred  to  in  paragraph  1  must  be  in  conformity  with  the  guidelines  laid 
down in this Memorandum. A general description of the content of the framework agreements 
between Switzerland and the beneficiary States is attached in annex. These agreements are to 
be approved by the contracting parties in accordance with their own procedures. 

Done  at  …  on  …  in  duplicate  in  the  Czech,  Danish,  Dutch,  English,  Estonian,  Finnish, 
French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Polish,  Portuguese, 
Slovenian, Slovak, Spanish and Swedish languages.  

For the Federal Council: … For the European Community: 

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ANNEX II 

General  description  of  the  content  of  the  framework  agreements  between  Switzerland 
and the new Member States of the EU (hereinafter referred to as Partner States) 

Each of the ten framework agreements shall contain the general principles of the cooperation 
between Switzerland and the Partner State in question. Project agreements, which will cover 
technical  points  concerning  the  project,  shall  be  concluded  on  the  basis  of  these  framework 
agreements. 

The standard content of a framework agreement can be summarised as follows: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

A reference to the Memorandum of Understanding; 

The aims of the cooperation between Switzerland and the Partner State; 

The  start  and  completion  dates  of  the  cooperation  between  Switzerland  and  the 
Member State; 

The  total  amount  of  the  Swiss  contribution,  and  the  review  process  between 
Switzerland and the EC; 

The  conceptual  framework  (priority  funding  areas,  principles,  partners)  for  the 
cooperation between Switzerland and the Partner State; 

Procedures and criteria for selection (including communication and cooperation with 
the  European  Commission),  approval  and  implementation  of  the  projects  and 
programmes; 

Forms of financing for projects and programmes; 

Principles  concerning  the  use  of  the  funds  that  are  made  available,  contribution 
ceilings,  management  costs  (maximum  5%),  payment,  audit  and  administration 
arrangements; 

Competences  and  coordination  regarding  the  implementation  of  the  framework 
agreement. 

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LEGISLATIVE FINANCIAL STATEMENT 

Policy area(s): Regional Policy 

Activity: Cohesion policy 

TITLE  OF  ACTION:  MEMORANDUM  OF  UNDERSTANDING  BETWEEN  THE  EUROPEAN 
COMMUNITY AND THE SWISS FEDERAL COUNCIL ON A CONTRIBUTION BY THE SWISS 
CONFEDERATION  TOWARDS  REDUCING  ECONOMIC  AND  SOCIAL  DISPARITIES  IN  THE 
ENLARGED EUROPEAN UNION 

1. 

2. 

BUDGET LINE(S) + HEADING(S) 

OVERALL FIGURES  

2.1. 

Total allocation for action (Part B): € million for commitment 

NOT APPLICABLE 

2.2. 

Period of application: 

Start: The Memorandum will (probably) enter into force in 2005 (depending on date 
of signature) 

Expiry: The memorandum has no expiry date, but will become obsolete after the end 
of the Swiss financial contribution 

2.3. 

Overall multiannual estimate of expenditure: 

NOT APPLICABLE 

(a) 

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

(financial 

€ million (to three decimal places) 

Year 
[n] 

[n+1]

[n+2] 

[n+3] 

[n+4] 

[n+5 and 
subs. Years] 

Total 

Commitments 

Payments 

(b) 

Technical and administrative assistance and support expenditure(see point 6.1.2) 

Commitments 

Payments 

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Subtotal a+b 

Commitments 

Payments 

(c) 

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure 
(see points 7.2 and 7.3) 

Commitments/ 
payments 

TOTAL a+b+c 

Commitments 

Payments 

2.4. 

Compatibility with financial programming and financial perspective 

[x]  Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement. 

2.5. 

Financial impact on revenue:3 

[x]  Proposal  has  no  financial  implications  (involves  technical  aspects  regarding 

implementation of a measure) 

OR 

Proposal has financial impact – the effect on revenue is as follows (indicative): 

(€ million to one decimal place) 

Prior to
action 
[Year 
n-1] 

Situation following action 

[2005]

[2006]

[2007]

[2008] 

[2009] 

[2010] 

Budget line 

Revenue 

18 08 04 

a) Revenue in absolute terms 

b) Change in revenue 

3 

For further information, see separate explanatory note. 

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3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
form applicant 
countries 

Heading in 
financial 
perspective 

5. 

DESCRIPTION AND GROUNDS 

not applicable 

5.1. 

Need for Community intervention 

5.1.1.  Objectives pursued 

N/A 

5.1.2.  Measures taken in connection with ex ante evaluation  

N/A 

5.1.3.  Measures taken following ex post evaluation 

N/A 

5.2. 

Action envisaged and budget intervention arrangements 

N/A 

5.3.  Methods of implementation 

N/A 

6. 

FINANCIAL IMPACT 

N/A 

6.1. 

Total financial impact on Part B - (over the entire programming period) 

(The method of calculating the total amounts set out in the table below must be explained by 
the breakdown in Table 6.2. ) 

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6.1.1.  Financial intervention 

Commitments (in € million to three decimal places) 

Breakdown 

[Year 
n] 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5 and 
subs. Years] 

Total 

Action 1 

Action 2 

etc. 

TOTAL 

6.1.2.  Technical and administrative assistance, support expenditure and IT expenditure (commitment 

appropriations) 

[Year 
n] 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5 and 
subs. years] 

Total 

1) 
administrative assistance 

Technical 

and 

Technical 

a) 
offices

assistance 

b)  Other 
administrative assistance: 

technical 

and 

- intra muros: 

- extra muros: 

of  which  for  construction 
and 
of 
maintenance 
computerised  management 
systems 

Subtotal 1 

2) Support expenditure 

a) Studies 

b) Meetings of experts 

Information 

c) 
publications 

and 

Subtotal 2 

TOTAL 

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6.2. 

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire 
programming period) 

(Where  there  is  more  than  one  action,  give  sufficient  detail  of  the  specific  measures  to  be 
taken for each one to allow the volume and costs of the outputs to be estimated.) 

Commitments (in € million to three decimal places) 

Breakdown  

Type  
of outputs 
(projects, files ) 

Number of 
outputs 

Average unit 
cost 

(total for years 
1…n)  

Total cost 

(total for years 
1…n)  

1 

2 

3 

4=(2X3) 

Action 1 

- Measure 1 

- Measure 2  

Action 2 

- Measure 1 

- Measure 2 

- Measure 3 

etc. 

TOTAL COST 

If necessary explain the method of calculation 

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE  

N/A 

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7.1. 

Impact on human resources 

Staff to be assigned to management of the 
action using existing and/or additional 
resources 

Total 

Number of 
permanent posts 

Number of 
temporary posts 

Description of tasks deriving from the 
action 

If necessary, a fuller description of the 
tasks may be annexed. 

Types of post 

Officials 
temporary staff 

or 

A 

B 

C 

Other human resources 

Total 

7.2. 

Overall financial impact of human resources 

Type of human resources 

Amount (€) 

Method of calculation *  

Officials 

Temporary staff 

Other human resources 

(specify budget line) 

Total 

The amounts are total expenditure for twelve months. 

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7.3. 

Other administrative expenditure deriving from the action 

Amount € 

Method of calculation 

Budget line 

(number and heading) 

Overall allocation (Title A7) 

A0701 – Missions 

A07030 – Meetings 

A07031 – Compulsory committees 1 

A07032 – Non-compulsory committees 1 

A07040 – Conferences 

A0705 – Studies and consultations 

Other expenditure (specify) 

Information systems (A-5001/A-4300) 

Other expenditure - Part A (specify) 

Total 

The amounts are total expenditure for twelve months. 

1 Specify the type of committee and the group to which it belongs. 

I. 

II. 

Annual total (7.2 + 7.3) 

Duration of action 

III. 

Total cost of action (I x II) 

€ 

years 

€ 

8. 

FOLLOW-UP AND EVALUATION 

N/A 

8.1. 

Follow-up arrangements 

N/A 

8.2. 

Arrangements and schedule for the planned evaluation 

N/A 

9. 

ANTI-FRAUD MEASURES 

N/A 

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