Proposal for a Council Decision on the signing, on behalf of the Community, of the Arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
Date: 2009-06-04
Institutions: European Commission
Subjects: EU office or agency, closing of accounts, cooperation policy, customs regulations, external border of the EU, financial year, implementation of the budget

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.6.2009 
COM(2009) 255 final 

2009/0073 (CNS) 

Proposal for a  

COUNCIL DECISION 

on the signing, on behalf of the Community, of the Arrangement between the European 
Community, of the one part, and the Swiss Confederation and the Principality of 
Liechtenstein, of the other part, on the modalities of the participation by those States in 
the European Agency for the Management of Operational Cooperation at the External 
Borders of the Member States of the European Union 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the Community, of the Arrangement between the 
European Community, of the one part, and the Swiss Confederation and the Principality 
of Liechtenstein, of the other part, on the modalities of the participation by those States 
in the European Agency for the Management of Operational Cooperation at the 
External Borders of the Member States of the European Union 

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EXPLANATORY MEMORANDUM 

1. 

POLITICAL AND LEGAL BACKGROUND 

Article  21(3)  of  Council  Regulation  (EC)  No  2007/2004  of  26  October  2004  establishing  a 
European Agency for the Management of Operational Cooperation at the External Borders of 
the  Member  States  of  the  European  Union1  provides  for  countries  associated  with  the 
implementation,  application  and  development  of  the  Schengen  acquis  to  participate  in  the 
Agency. The detailed rules of their participation are to be specified in further arrangements to 
be concluded between the European Community and those countries. 

On 15 February 2007 the European Community and the Republic of Iceland and the Kingdom 
of Norway concluded an Arrangement on participation by those States in the Agency2. 

On  26  October  2004  the  European  Union,  the  European  Community  and  the  Swiss 
Confederation  signed  the Agreement concerning the Swiss Confederation’s association  with 
the implementation, application and development of the Schengen acquis (hereinafter referred 
to  as  “the  Schengen  Agreement”).  On  1  March  2008  the  Schengen  Agreement  entered  into 
force3. 

Article  16  of  the  Schengen  Agreement  provides  for  Liechtenstein’s  association  with  the 
Schengen acquis by means of a Protocol to the Schengen Agreement determining the rights 
and  obligations  of  each  of  the  contracting  parties.  The  Protocol  was  signed  on  28  February 
2008 and is expected to be concluded in 2009. 

For efficiency, and to avoid the need to conduct separate negotiations, Liechtenstein has been 
associated  with  the  negotiations  on  its  participation  in  the  Agency  before  conclusion  of  the 
Protocol is completed. The Arrangement on the modalities of the participation in the Agency 
will not apply to Liechtenstein until the date when the Protocol is put into effect. 

Following  the  authorisation  given  to  the  Commission  on  11  March  2008,  negotiations  were 
held with Switzerland and Liechtenstein. The negotiations were finalised on 19 January 2009 
and the draft Arrangement was initialled. 

The Member States have been informed and consulted in the Frontiers Working Party and the 
Working Party on the European Free Trade Association (EFTA) within the Council. 

The legal basis for the Arrangement is Article 62(2)(a) and Article 66 in conjunction with the 
first sentence of the first subparagraph of Article 300(3) of the EC Treaty. 

The  attached  proposals  constitute  the  legal  instruments  for  signature  and  conclusion  of  the 
Arrangement.  The  Council  will  decide  by  qualified  majority.  The  European  Parliament  will 
have to be formally consulted on conclusion of the Arrangement, in accordance with Article 
300(3) of the EC Treaty. 

1 
2 
3 

OJ L 349, 25.11.2004, p. 1. 
OJ L 188, 20.7.2007, p. 15. 
OJ L 53, 27.2.2008, p. 52. 

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2. 

OUTCOME OF THE NEGOTIATIONS 

The Commission considers that the objectives set by the Council in its negotiating directives 
have been attained and that the draft arrangement on the modalities of the participation by the 
Swiss  Confederation  and  the  Principality  of  Liechtenstein  in  the  European  Agency  for  the 
Management of Operational Cooperation at the External Borders of the Member States of the 
European Union is acceptable to the Community. 

The final content of the draft Arrangement can be summarised as follows: 

Purpose and scope 

This Arrangement establishes clear and unambiguous legally binding rights and obligations to 
ensure  effective  participation  by  Switzerland  and  Liechtenstein  in  the  European  Agency  for 
the Management of Operational Cooperation at the External Borders of the Member States of 
the European Union. 

The Arrangement deals with the following issues: the limited voting rights of representatives 
of  Switzerland  and  Liechtenstein  on  the  Management  Board  of  the  Agency,  the  financial 
contribution  by  Switzerland  and  Liechtenstein  to  the  budget  of  the  Agency,  protection  and 
confidentiality  of  data,  the  legal  status  of  the  Agency  in  Switzerland  and  Liechtenstein,  the 
liability of the Agency, recognition by Switzerland and Liechtenstein of the jurisdiction of the 
Court of Justice of the European Communities over the Agency, privileges and immunities of 
the  Agency  and  its  staff  and  access  for  nationals  of  Switzerland  and  Liechtenstein  to  be 
engaged under contract by the Executive Director of the Agency. 

The  special  situations  of  Denmark,  the  United  Kingdom  and  Ireland  are  reflected  in  the 
preamble.  

Declarations 

Two joint declarations are attached to the Arrangement covering: 

- voting rights, and 

- application of the provisions on the civil liability in relation to deployment of rapid border 
intervention teams. 

3. 

CONCLUSIONS 

In the light of the above-mentioned results, the Commission proposes that the Council: 

–  decide  that  the  Arrangement  be  signed  on  behalf  of  the  Community  and  authorise  the 
President of the Council to appoint the person(s) duly empowered to sign on behalf of the 
Community; 

–  approve, after consultation of the European Parliament, the attached Arrangement between 
the  European  Community,  of  the  one  part,  and  the  Swiss  Confederation  and  the 
Principality  of  Liechtenstein,  of  the  other  part,  on  the  modalities  of  the  participation  by 
those  States  in  the  European  Agency  for  the  Management  of  Operational  Cooperation  at 
the External Borders of the Member States of the European Union. 

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Proposal for a  

COUNCIL DECISION 

on the signing, on behalf of the Community, of the Arrangement between the European 
Community, of the one part, and the Swiss Confederation and the Principality of 
Liechtenstein, of the other part, on the modalities of the participation by those States in 
the European Agency for the Management of Operational Cooperation at the External 
Borders of the Member States of the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 62(2)(a) and Article 66 in conjunction with the first sentence of the first subparagraph 
of Article 300(2) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article  21(3)  of  Council  Regulation  (EC)  No  2007/2004  of  26  October  2004 
establishing  a  European  Agency  for  the  Management  of  Operational  Cooperation  at 
the  External  Borders  of  the  Member  States  of  the  European  Union4  provides  for 
countries  associated  with  the  implementation,  application  and  development  of  the 
Schengen acquis to participate in the Agency. The modalities of their participation are 
to be specified in further arrangements to be concluded between the Community and 
those countries. 

Following the authorisation given to the Commission on 11 March 2008, negotiations 
with the Swiss Confederation and the Principality of Liechtenstein for an Arrangement 
on the modalities of the participation by those States in the European Agency for the 
Management of Operational Cooperation at the External Borders of the Member States 
of the European Union have been concluded. 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Arrangement  initialled  on  19 
January 2009 should be signed and the Joint Declarations approved. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community,  Denmark  is  not  taking  part  in  the  adoption  of  this  Decision  and  is  not 
bound  by  it,  or  subject  to  application  thereof.  Since  this  Decision  builds  upon  the 
Schengen  acquis  under  the  provisions  of  Title  IV  of  Part  Three  of  the  Treaty 
establishing the European Community, Denmark should, in accordance with Article 5 

4 

OJ L 349, 25.11.2004, p. 1. 

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of  the  same  Protocol,  decide  within  a  period  of  six  months  after  the  Council  has 
adopted this Decision whether it will implement it in its national law or not. 

(5) 

(6) 

This  Decision  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 
Britain  and  Northern  Ireland  to  take  part  in  some  of  the  provisions  of  the  Schengen 
acquis5.  The  United  Kingdom  is  therefore  not  taking  part  in  its  adoption  of  this 
Decision and is not bound by it or subject to application thereof. 

This  Decision  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 
28 February 2002 concerning Ireland’s request to take part in some of the provisions 
of  the  Schengen  acquis6.  Ireland  is  therefore  not  taking  part  in  adoption  of  this 
Decision and is not bound by it or subject to application thereof, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The signing of the Arrangement between the European Community, of the one part, and the 
Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities 
of  the  participation  by  those  States  in  the  European  Agency  for  the  Management  of 
Operational Cooperation at the External Borders of the Member States of the European Union 
and the attached Joint Declarations is hereby approved on behalf of the Community, subject to 
the conclusion of the Arrangement. 

The texts of the Arrangement and the Joint Declarations are attached to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Arrangement on behalf of the Community, subject to conclusion thereof. 

Done at Brussels,  

For the Council 
The President 

5 
6 

OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

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2009/0073 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the Community, of the Arrangement between the 
European Community, of the one part, and the Swiss Confederation and the Principality 
of Liechtenstein, of the other part, on the modalities of the participation by those States 
in the European Agency for the Management of Operational Cooperation at the 
External Borders of the Member States of the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 62(2)(a) and Article 66 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, 

Having regard to the opinion of the European Parliament7 

Whereas: 

(1) 

(2) 

(3) 

Article  21(3)  of  Council  Regulation  (EC)  No  2007/2004  of  26  October  2004 
establishing  a  European  Agency  for  the  Management  of  Operational  Cooperation  at 
the  External  Borders  of  the  Member  States  of  the  European  Union8,  provides  for 
countries  associated  with  the  implementation,  application  and  development  of  the 
Schengen acquis to participate in the Agency. The modalities of their participation are 
to be specified in further arrangements to be concluded between the Community and 
those countries.  

Following the authorisation given to the Commission on 11 March 2008, negotiations 
with the Swiss Confederation and the Principality of Liechtenstein for an Arrangement 
on the modalities of the participation by those States in the European Agency for the 
Management of Operational Cooperation at the External Borders of the Member States 
of the European Union have been concluded. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community,  Denmark  is  not  taking  part  in  the  adoption  of  this  Decision  and  is  not 
bound  by  it,  or  subject  to  application  thereof.  Since  this  Decision  builds  upon  the 
Schengen  acquis  under  the  provisions  of  Title  IV  of  Part  Three  of  the  Treaty 

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8 

OJ C… 
OJ L 349, 25.11.2004, p. 1 

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establishing the European Community, Denmark should, in accordance with Article 5 
of  the  same  Protocol,  decide  within  a  period  of  six  months  after  the  Council  has 
adopted this Decision whether it will implement it in its national law or not. 

(4) 

(5) 

This  Decision  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 
Britain  and  Northern  Ireland  to  take  part  in  some  of  the  provisions  of  the  Schengen 
acquis9. The United Kingdom is therefore not taking part in adoption of this Decision 
and is not bound by it or subject to application thereof. 

This  Decision  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 
28 February 2002 concerning Ireland’s request to take part in some of the provisions 
of  the  Schengen  acquis10.  Ireland  is  therefore  not  taking  part  in  adoption  of  this 
Decision and is not bound by it or subject to application thereof. 

(6) 

The Arrangement should be concluded, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Arrangement  between  the  European  Community,  of  the  one  part,  and  the  Swiss 
Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the 
participation  by  those  States  in  the  European  Agency  for  the  Management  of  Operational 
Cooperation at the External Borders of the Member States of the European Union is hereby 
approved on behalf of the Community. 

The text of the Arrangement is attached to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  empowered  to 
deposit on behalf of the Community the instrument of approval provided for in Article 9(4) of 
the Arrangement in order to express the consent of the Community to be bound. 

Done at Brussels,  

For the Council 
The President 

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10 

OJ L 131, 1.6.2000, p. 43.  
OJ L 64, 7.3.2002, p. 20. 

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ANNEX  

ARRANGEMENT 

between the European Community, of the one part, and the Swiss Confederation and 
the Principality of Liechtenstein, of the other part, on the modalities of the participation 
by those States in the European Agency for the Management of Operational 
Cooperation at the External Borders of the Member States of the European Union 

THE EUROPEAN COMMUNITY, 

of the one part, and 

THE SWISS CONFEDERATION, hereinafter referred to as “Switzerland”, and 

THE PRINCIPALITY OF LIECHTENSTEIN, hereinafter referred to as “Liechtenstein”, 

of the other part, 

HAVING  REGARD  TO  the  Agreement  signed  on  26  October  2004  between  the  European 
Union, the European Community and the Swiss Confederation on the Swiss Confederation’s 
association  with  the  implementation,  application  and  development  of  the  Schengen  acquis, 
hereinafter referred to as “the Agreement”, 

HAVING  REGARD  TO  the  Protocol  signed  on  28  February  2008  between  the  European 
Union,  the  European  Community,  the  Swiss  Confederation  and  the  Principality  of 
Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between 
the  European  Union,  the  European  Community  and  the  Swiss  Confederation  on  the  Swiss 
Confederation’s  association  with  the  implementation,  application  and  development  of  the 
Schengen acquis, hereinafter referred to as “the Protocol”, 

HAVING  REGARD  TO  the  Joint  Declaration  by  the  European  Union,  the  European 
Community,  the  Swiss  Confederation  and  the  Principality  of  Liechtenstein  on  the  European 
Agency  for  the  Management  of  Operational  Cooperation  at  the  External  Borders  of  the 
Member States of the European Union attached to the above-mentioned Protocol, 

HAVING  REGARD  TO  the  Arrangement  between  the  European  Community  and  the 
Republic  of  Iceland  and  the  Kingdom  of  Norway  on  the  modalities  of  the  participation  by 
those States in the European Agency for the Management of Operational Cooperation at the 
External Borders of the Member States of the European Union11, 

WHEREAS: 

(1) 

By  Council  Regulation  (EC)  No  2007/200412,  hereinafter  referred  to  as  “the 
Regulation”,  the  European  Community  established  the  European  Agency  for  the 
Management of Operational Cooperation at the External Borders of the Member States 
of the European Union, hereinafter referred to as the “Agency”. 

11 
12 

OJL 188, 20.7.2007, p. 19. 
OJ L 349, 25.11.2004, p. 1. 

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(2) 

(3) 

(4) 

(5) 

The Regulation constitutes a development of the Schengen acquis within the meaning 
of the Agreement and the Protocol. 

The  Regulation  confirms 
implementation, 
application  and  development  of  the  Schengen  acquis  should  participate  fully  in 
activities of the Agency, albeit with limited voting rights. 

that  countries  associated  with 

the 

The  Principality  of  Liechtenstein  does  not  have  external  borders  to  which  the 
Schengen Borders Code applies. 

The  Agreement  and  the  Protocol  do  not  address  the  modalities  of  the  association  of 
Switzerland and Liechtenstein with the activities of new bodies set up by the European 
Union  in  the  framework  of  the  further  development  of  the  Schengen  acquis,  and 
certain  aspects  of  the  association  with  the  Agency  should  be  settled  in  an  additional 
arrangement between the Parties to the Agreement and the Protocol. 

HAVE AGREED AS FOLLOWS: 

Article 1  

The Management Board 

1. 

2. 

Switzerland and Liechtenstein shall be represented on the Management Board of the 
Agency, as laid down in Article 21(3) of the Regulation. 

Switzerland shall have voting rights: 

(a) 

(b) 

(c) 

(d) 

 as  regards  decisions  on  specific  activities  to  be  carried  out  at  its  external 
borders.  Proposals  for  such  decisions  shall  require  a  vote  in  favour  of  their 
adoption by its representative on the Management Board; 

 as regards decisions on specific activities under Article 3 (joint operations and 
pilot  projects  at  external  borders),  Article  7  (management  of  technical 
equipment),  Article  8  (support  for  Member  States  in  circumstances  requiring 
increased technical and operational assistance at external borders) and Article 9 
(1),  first  sentence  (joint  return  operations)  to  be  carried  out  with  human 
resources and/or equipment made available by Switzerland; 

 as  regards  decisions  on  risk  analysis  (development  of  the  common  integrated 
risk analysis, general and specific risk analysis), directly affecting Switzerland, 
under Article 4; 

 as  regards  decisions  on  training  activities  under  Article  5,  except  on 
establishment of the common core curriculum. 

3. 

Liechtenstein shall have voting rights: 

(a) 

 as regards decisions on specific activities under Article 3 (joint operations and 
pilot  projects  at  external  borders),  Article  7  (management  of  technical 
equipment),  Article  8  (support  for  Member  States  in  circumstances  requiring 
increased technical and operational assistance at external borders) and Article 

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9(1),  first  sentence  (joint  return  operations)  to  be  carried  out  with  human 
resources and/or equipment made available by Liechtenstein; 

 as  regards  decisions  on  risk  analysis  (development  of  the  common  integrated 
risk  analysis),  directly  affecting 
risk  analysis,  general  and  specific 
Liechtenstein, under Article 4; 

 as  regards  decisions  on  training  activities  under  Article  5,  except  on 
establishment of the common core curriculum. 

(b) 

(c) 

Article 2 

Financial contribution 

Switzerland  shall  contribute  to the  budget  of  the  Agency  in  accordance  with  the  percentage 
laid down in Article 11(3) of the Agreement.  

Liechtenstein shall contribute to the budget of the Agency in accordance with Article 3 of the 
Protocol which refers to the contribution method laid down in Article 11(3) of the Agreement. 

Article 3 

Protection and confidentiality of data 

1. 

2. 

3. 

Directive  95/46/EC  of  the  European  Parliament  and  of  the  Council  of  24  October 
1995 on the protection of individuals with regard to the processing of personal data 
and  on  the  free  movement  of  such  data13  shall  apply  where  personal  data  are 
forwarded by the Agency to the authorities of Switzerland and Liechtenstein. 

Regulation  (EC)  No  45/2001  of  the  European  Parliament  and  of  the  Council  of  18 
December  2000  on  the  protection  of  individuals  with  regard  to  the  processing  of 
personal data by the Community institutions and bodies and on the free movement of 
such  data14  shall  apply  to  data  forwarded  by  the  authorities  of  Switzerland  and 
Liechtenstein to the Agency. 

Switzerland and Liechtenstein shall respect the rules on confidentiality of documents 
held by the Agency, as set out in the Rules of Procedure of the Management Board. 

Article 4 

Legal status 

The Agency shall have legal personality under the law of Switzerland and Liechtenstein and 
shall  enjoy  in  Switzerland  and  Liechtenstein  the  most  extensive  legal  capacity  accorded  to 
legal persons under the law of Switzerland and Liechtenstein. It may, in particular, acquire or 
dispose of movable and immovable property and may be party to legal proceedings. 

13 
14 

OJ L 281, 23.11.1995, p. 31. 
OJ L 8, 12.1.2001, p. 1. 

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Article 5 

Liability 

The liability of the Agency shall be governed as provided for in Article 19(1), (3) and (5) of 
the Regulation. 

1. 

2. 

1. 

2. 

1. 

2. 

Article 6 

Court of Justice 

Switzerland and Liechtenstein shall recognise the jurisdiction of the Court of Justice 
of the European Communities over the Agency, as provided for in Article 19(2) and 
(4) of the Regulation. 

Disputes regarding civil liability shall be resolved in accordance with Article 10b(4) 
of  the  Regulation  as  amended  by  Regulation  (EC)  No  863/2007  of  the  European 
Parliament  and  of  the  Council  of  11  July  2007  establishing  a  mechanism  for  the 
creation of Rapid Border Intervention Teams and amending Council Regulation (EC) 
No  2007/2004  as  regards  that  mechanism  and  regulating  the  tasks  and  powers  of 
guest officers15. 

Article 7 

Privileges and immunities 

Switzerland and Liechtenstein shall apply to the Agency and to its staff the Protocol 
on the Privileges and Immunities of the European Communities which is set out in 
the Annex to this Arrangement. 

The Annex to this Arrangement, including as regards Switzerland the Appendix on 
the  procedure  for  application  of  the  Protocol  on  Privileges  and  Immunities,  shall 
form an integral part of this Arrangement. 

Article 8 

Staff 

Switzerland  and  Liechtenstein  shall  apply  the  rules  relating  to  the  Agency’s  staff 
matters  adopted  pursuant  to  the  Protocol  on  the  Privileges  and  Immunities  of  the 
European Communities. 

By  way  of  derogation  from  Article  12(2)(a)  of  the  Conditions  of  Employment  of 
other  servants  of  the  European  Communities,  nationals  of  Switzerland  and 
Liechtenstein enjoying their full rights as citizens may be engaged under contract by 
the Executive Director of the Agency. 

15 

OJ L 199, 31.7.2007, p. 30. 

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3. 

4. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

Nationals  of  Switzerland  and  Liechtenstein  may  not,  however,  be  appointed  to  the 
posts of Executive Director or Deputy Executive Director of the Agency. 

Nationals  of  Switzerland  and  Liechtenstein  may  not  be  elected  as  Chairperson  or 
Deputy Chairperson of the Management Board. 

Article 9 

Entry into force 

The Secretary-General of the Council of the European Union shall act as depositary 
of this Arrangement. 

The  European  Community,  Switzerland  and  Liechtenstein  shall  approve  this 
Arrangement in accordance with their own procedures. 

The  entry  into  force  of  this  Arrangement  shall  require  approval  by  the  European 
Community and by at least one other Party to this Arrangement. 

This Arrangement shall enter into force in relation to any Party to this Arrangement 
on the first day of the first month following the deposit of its instrument of approval 
with the depositary. 

As  regards  Liechtenstein,  this  Arrangement  shall  apply  as  from  the  date  when  the 
Protocol is put into effect. 

Article 10 

Validity and termination 

This Arrangement shall be concluded for an unlimited period. 

This  Arrangement  shall  cease  to  be  in  force  six  months  after  the  Agreement  is 
denounced by Switzerland or by decision of the Council of the European Union, or is 
otherwise  terminated  in  accordance  with  the  procedures  described  in  Articles  7(4), 
10 or 17 of the Agreement. 

This  Arrangement  shall  cease  to  be  in  force  six  months  after  the  Protocol  is 
denounced by Liechtenstein or by decision of the Council of the European Union or 
is  otherwise  terminated  in  accordance  with  the  procedure  described  in  Articles  3, 
5(4), 11(1) or 11(3) of the Protocol. 

This Arrangement, as well as the Joint Declarations annexed thereto shall be drawn up in one 
single  original  in  the  Bulgarian,  Czech,  Danish,  Dutch,  English,  Estonian,  Finnish,  French, 
German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese, 
Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of  those  texts  being 
equally authentic. 

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Done at Brussels, […] 

For the European Community 

For the Swiss Confederation 

For the Principality of Liechtenstein 

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ANNEX 

(Article 7) 

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. 

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. 

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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 recognised 
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. 

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: 

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(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. 

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 

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

Article 12 

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(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 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. 

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 

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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. 

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 

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Article 20 

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

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  and  to  the  Members  and 
Registrar of the Court of First Instance, without prejudice to the provisions of Article 3 of the 
Protocol on the Statute of the Court of Justice relating to 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. 

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. 

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Appendix to the ANNEX 

Procedure for application in Switzerland of the Protocol on Privileges and Immunities 

1. 

Extension of application to Switzerland 

References  in  the  Protocol  on  the  Privileges  and  Immunities  of  the  European  Communities 
(hereinafter  referred  to  as  “the  Protocol”)  to  “Member  States”  shall  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 shall not 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 shall be granted by way of refund. Exemption  from VAT  shall be 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 shall 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 
shall  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  shall  exempt, 
accordance with the principles of its national law, officials and other servants of the Agency 
within  the  meaning  of  Article  2  of  Regulation  (Euratom,  ECSC,  EEC)  No  549/69  of  the 
Council of 25 March 1969 (OJ L 74, 27.3.1969, 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 shall not be considered as a Member State within the meaning of point 1 above 
for the purposes of 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 shall 
not be under any obligation to be members of the Swiss social security system. 

The  Court  of  Justice  of  the  European  Communities  shall  have  exclusive  jurisdiction  in  any 
matters concerning relations between the Agency or the Commission and its staff with regard 
to application of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 
1968  (OJ  L  56,  4.3.1968,  p.  1)  and  the  other  provisions  of  Community  law  laying  down 
working conditions. 

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JOINT  DECLARATION  BY  THE  EUROPEAN  COMMUNITY  AND  THE  GOVERNMENT  OF  THE 
SWISS  CONFEDERATION  AND  THE  GOVERNMENT  OF  LIECHTENSTEIN  CONCERNING  THE 
ARRANGEMENT  ON  THE  MODALITIES  OF  THE  PARTICIPATION  BY  THE  SWISS 
CONFEDERATION  AND  THE  PRINCIPALITY  OF  LIECHTENSTEIN  IN  THE  EUROPEAN  AGENCY 
FOR THE MANAGEMENT OF OPERATIONAL COOPERATION AT THE EXTERNAL BORDERS OF 
THE MEMBER STATES OF THE EUROPEAN UNION 

The European Community, 

the Government of the Swiss Confederation 

and 

the Government of the Principality of Liechtenstein, 

Having  concluded  the  Arrangement  on  the  modalities  of  the  participation  by  the  Swiss 
Confederation  and  the  Principality  of  Liechtenstein  in  the  European  Agency  for  the 
Management of Operational Cooperation at the External Borders of the Member States of the 
European Union in accordance with Article 21 (3) of Council Regulation (EC) No 2007/2004,  

Hereby jointly declare that: 

The voting rights provided for in the Arrangement are justified by the special relations with 
Switzerland  and  Liechtenstein  flowing  from  the  association  of  these  States  with  the 
implementation, application and development of the Schengen acquis. 

Those  voting  rights  are  of  an  exceptional  nature  attributable  to  the  specific  nature  of  the 
Schengen cooperation and the special position of Switzerland and Liechtenstein. 

They  may  therefore  not  be  regarded  as  a  legal  or  political  precedent  for  any  other  field  of 
cooperation  between  the  parties  to  the  Arrangement  or  for  the  participation  of  other  third 
countries in other agencies of the Union. 

In  no  circumstances  may  these  voting  rights  be  exercised  in  respect  of  decisions  of  a 
regulatory or legislative nature. 

JOINT  DECLARATION  BY  THE  CONTRACTING  PARTIES  ON  THE  APPLICATION  OF  THE 
PROVISIONS ON THE CIVIL LIABILITY 

In  case  where  a  rapid  border  intervention  team  is  deployed  within  the  framework  of  the 
European Agency for the Management of Operational Cooperation at the External Borders of 
the Member States of the European Union, Article 10 (4) of Regulation (EC) No 863/2007 of 
the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the 
creation  of  Rapid  Border  Intervention  Teams  and  amending  Council  Regulation  (EC)  No 
2007/2004  as  regards  that  mechanism  and  regulating  the  tasks  and  powers  of  guest  officers 
shall apply as regards civil liability. 

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