2009/127/EC: Council Decision of 18 December 2008 concerning the signature, on behalf of the European Community, of the Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests
Date: 2008-12-18
Institutions: Council of the European Union
Subjects: Switzerland, administrative cooperation, cooperation agreement, fraud, fraud against the EU, judicial cooperation, signature of an agreement

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Official Journal of the European Union

17.2.2009

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 18 December 2008

concerning the signature, on behalf of the European Community, of the Cooperation Agreement
between the European Community and its Member States, of the one part, and the Swiss
Confederation, of the other part, to combat fraud and any other illegal activity to the detriment
of their financial interests

(2009/127/EC)

THE COUNCIL OF THE EUROPEAN UNION,

was signed on behalf of the European Community on
26 October 2004.

Having regard to the Treaty
establishing the European
Community, and in particular Article 280 in conjunction with
the first sentence of the first subparagraph of Article 300(2) and
the first subparagraph of Article 300(3) thereof,

(3)

The Agreement establishes a Joint Committee with
decision-making powers in certain areas and it is thus
necessary to specify who represents the Community
within this Committee.

Having regard to the proposal from the Commission,

(4)

The Agreement should be approved,

Having regard to the opinion of the European Parliament (1),

HAS DECIDED AS FOLLOWS:

Whereas:

(1)

(2)

On 14 December 2000,
the Council authorised the
Commission to negotiate with the Swiss Confederation
an Agreement
to combat fraud and any other illegal
activity to the detriment of the financial interests of the
Community and its Member States, including value added
tax and excise duties.

signature, on behalf of

In accordance with the Council Decision of 26 October
2004 concerning the
the
European Community, of
the Cooperation Agreement
between the European Community and its Member
States, of the one part, and the Swiss Confederation, of
the other part, to combat fraud and any other illegal
activity to the detriment of their financial interests, and
subject to its conclusion at a later date, the Agreement

Article 1

The Cooperation Agreement between the European Community
and its Member States, of the one part, and the Swiss Confed­
eration, of the other part, to combat fraud and any other illegal
activity to the detriment of their financial interests (hereinafter
the Agreement) and the accompanying Final Act are hereby
approved on behalf of the Community.

The text of the Agreement and the Final Act are attached to this
Decision (2).

Article 2

In respect of matters
the
Community shall be represented on the Joint Committee set
up under Article 39 of the Agreement by the Commission.

falling within its competence,

(1) OJ C 304 E, 1.12.2005, p. 106.

(2) See page 8 of this Official Journal.

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The position to be taken by the Community in the course of
the implementation of the Agreement as regards decisions or
recommendations of the Joint Committee shall be laid down by
the Council, acting by qualified majority, on a proposal from
the Commission. The Council shall act unanimously when the
position covers a field for which unanimity is required for the
adoption of internal rules.

Article 3

The President of the Council shall, on behalf of the European
Community, give the notification provided for in Article 44(2)
of the Agreement (1).

The President of the Council shall notify a declaration of the
European Community according to which, until the entry into
force of the Agreement, the Community shall consider itself

bound by the Agreement, within the limits of its competence, in
its relations with any other Contracting Party having made the
same declaration,
the
Agreement (2).

in accordance with Article 44(3) of

Article 4

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

Done at Brussels, 18 December 2008.

For the Council
The President

M. BARNIER

(1) 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.

(2) The date of application of the Agreement between the Community
and Switzerland, by virtue of Article 44(3) of the Agreement, will be
published in the Official Journal of the European Union by the General
Secretariat of the Council.