Proposal for a Council Decision on the signing and provisional application of an Agreement between the European Commission and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning (2007-2013)
Date: 2009-09-08
Institutions: European Commission
Subjects: EU action, EU financing, EU programme, European citizenship, European cooperation, Switzerland, education, vocational training, young person, youth policy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.9.2009 
COM(2009) 462 final 

Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of an Agreement between the European 
Commission and the Swiss Confederation establishing the terms and conditions for the 
participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the 
action programme in the field of lifelong learning (2007-2013) 

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EXPLANATORY MEMORANDUM 

Following the results of the 1992 referendum, rejecting Switzerland's participation in the EEA 
Agreement, Switzerland showed continued interest in strengthening cooperation with the EU 
in  the  education,  training  and  youth  sector.  In  a  joint  declaration  on  future  negotiations 
attached to the seven  agreements  signed on  21 June 1999 by  the  European  Community and 
Switzerland,  the  two  parties  stated  that  preparatory  work  for  negotiations  on  Swiss 
participation in training and youth programmes should proceed rapidly after conclusion of the 
seven agreements. 

This area of cooperation was indeed broached during the next cycle of bilateral negotiations. 
Since  the  education,  training  and  youth  programmes  which  were  in  force  in  the  2000-2006 
period  (Socrates,  Leonardo  da  Vinci  and  Youth)  did  not  provide  for  the  participation  of 
Switzerland  in  their  legal  basis,  it  was  agreed  to  postpone  the  negotiation  of  a  participation 
agreement until after the adoption of the programmes succeeding them. 

The  Decisions  of  the  European  Parliament  and  of  the  Council  of  15  November  2006 
establishing  the  ‘Youth  in  Action’  programme1  and  the  action  programme  in  the  field  of 
lifelong  learning2  for  the  period  2007  to  2013  provided  for  the  possible  participation  of 
Switzerland. 

In February 2008 the Council authorised the opening of negotiations with Switzerland for its 
participation in the two programmes. On the basis of the negotiating directives attached to the 
Council  Decision  authorising  the  opening  of  negotiations,  and  in  consultation  with  the 
relevant  committee  appointed  by  the  Council,  the  Commission  has  conducted  negotiations 
with Switzerland for a new Agreement allowing its participation in the two programmes. 

The draft Agreement was initialled on 6 August 2009. It is attached to the proposed Council 
Decision. 

Switzerland is the only European country due to take part in these programmes without being 
a member of the EEA, a candidate country or a potential candidate country. 

The main issues addressed in the draft Agreement are the following: 

•  Projects  and  initiatives  submitted  by  participants  from  Switzerland  will  be  subject  to  the 
same  conditions,  rules  and  procedures  pertaining  to  these  programmes  as  are  applied  to 
Member  States,  regarding  in  particular  the  submission,  assessment  and  selection  of 
the 
applications  and  projects, 
implementation  of  the  programmes,  and  the  activities  related  to  the  monitoring  of  their 
participation in the programmes. 

the  national  structures 

the  responsibilities  of 

in 

•  Switzerland will make an annual financial contribution to each programme, as established 

in Annex II to the Agreement. 

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2 

Decision  No  1719/2006/EC  of  the  European  Parliament  and  of  the  Council  of  15  November  2006 
establishing  the  ‘Youth  in  Action’  programme  for  the  period  2007  to  2013  (OJ  L  327,  24.11.2006, 
p. 30). 
Decision  No  1720/2006/EC  of  the  European  Parliament  and  of  the  Council  of  15  November  2006 
establishing  an  action  programme  in  the  field  of  lifelong  learning  for  the  period  2007  to  2013  (OJ  L 
327, 24.11.2006, p. 45). 

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•  As  regards  financial  control  and  audit  matters,  Switzerland  will  conform  to  Community 
provisions, including controls by Community bodies and controls carried out by the Swiss 
authorities, as established in Annex III.  

•  The Agreement will apply until the programmes come to an end, or until one of the parties 
notifies  the  other  party  of  its  wish  to  terminate  the  Agreement.  The  Agreement  may  be 
extended automatically if the programmes are extended without change. 

•  The  Agreement  reflects  a  political  link  with  the  Agreement  on  the  Free  Movement  of 
Persons signed on 21 June 1999 by ruling out an extension in the event of the termination 
of the Agreement on the Free Movement of Persons. 

In  accordance  with  the  arrangements  made  for  agreements  previously  concluded  on 
Switzerland's  participation  in  other  Community  programmes,  a  Council  Declaration  covers 
questions  concerning  the  attendance  of  Swiss  representatives  at  programme  committee 
meetings, as observers, for the points which concern Switzerland. 

The Commission considers the results of the negotiations satisfactory and is submitting to the 
Council a proposal for a Decision on the signing, on behalf of the European Community, of 
the Agreement between the Community and the Swiss Confederation establishing the terms 
and  conditions  for  the  participation  of  the  Swiss  Confederation  in  the  ‘Youth  in  Action’ 
programme and the action programme in the field of lifelong learning (2007-2013). 

The Agreement and the proposed Decision on its signature provide that, pending completion 
of the ratification and conclusion procedures, it shall apply provisionally from the budget year 
following its signature. 

The Council is invited to adopt the following proposal for a Decision. 

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Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of an Agreement between the European 
Commission and the Swiss Confederation establishing the terms and conditions for the 
participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the 
action programme in the field of lifelong learning (2007-2013) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
149 and 150(4) in conjunction with the first sentence of Article 300(2) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Decision  No  1719/2006/EC  of  the  European  Parliament  and  of  the  Council  of  15 
November 2006 establishing the ‘Youth in Action’ programme for the period 2007 to 
20133
, and in particular Article 5 thereof, provides that this programme shall be open 
to the participation of the Swiss Confederation subject to the conclusion of a bilateral 
agreement with that country. 

Decision  No  1720/2006/EC  of  the  European  Parliament  and  of  the  Council  of  15 
November 2006 establishing an action programme in the field of lifelong learning for 
the  period  2007  to  20134
,  and  in  particular  Article  7  thereof,  provides  that  this 
programme shall be open to the participation of the Swiss Confederation subject to the 
conclusion of a bilateral agreement with that country. 

The  Council  has  authorised  the  Commission  to  negotiate,  on  behalf  of  the  European 
Community,  an  Agreement  to  enable  the  Swiss  Confederation  to  participate  in  these 
programmes. 

The  negotiations  were  concluded  on  6  August  2009  by  the  initialling  of  a  draft 
Agreement. 

Article 5 of the Agreement provides for its provisional application pending completion 
of the ratification or conclusion procedures. 

(6) 

The Agreement should be signed, 

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OJ L 327, 24.11.2006, p. 30. 
OJ L 327, 24.11.2006, p. 45. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The President of the Council is hereby authorised to appoint the person(s) empowered to sign 
the Agreement between the European Community and the Swiss Confederation establishing 
the  terms  and  conditions  for  the  participation  of  the  Swiss  Confederation  in  the  ‘Youth  in 
Action’ programme and in the action programme in the field of lifelong learning (2007-2013), 
subject to its conclusion at a later date, in order to bind the Community. 

The text of the Agreement referred to in the first subparagraph is attached to this Decision. 

The Agreement shall be applied provisionally for the activities financed under the budget of 
the year following its signature and at the earliest under the 2011 budget. 

Article 2 

Article 3  

In the event of the cessation of the provisional application of this Agreement, the Commission 
shall  be  authorised  to  settle  with  Switzerland  the  consequences  of  such  cessation  in 
accordance with Article 5 of the Agreement. 

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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AGREEMENT 

between the European Commission and the Swiss Confederation establishing the 
terms and conditions for the participation of the Swiss Confederation in the ‘Youth 
in Action’ programme and in the action programme in the field of lifelong learning 
(2007-2013). 

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, 

of the one part; 

and THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’, 

of the other part, 

together hereinafter referred to as ‘the Parties’, 

Whereas: 

(1) 

(2) 

(3) 

The  joint  Declaration  attached  to  the  seven  agreements  signed  on  21  June  1999 
between the Community and Switzerland provides for the future negotiation of an 
agreement for Switzerland's participation in training and youth programmes, 

The  ‘Youth  in  Action’  programme  for  the  period  2007  to  2013  and  the  action 
programme  in  the  field  of  lifelong  learning  were  established  respectively  by 
Decision  No  1719/2006/EC5  and  Decision  No  1720/2006/EC6  of  the  European 
Parliament and of the Council of 15 November 2006. 

Article  5  of  the  Decision  establishing  the  ‘Youth  in  Action’  programme  and 
Article 7 of the Decision establishing the programme on lifelong learning provide 
for  the  participation  of  Switzerland  subject  to  the  conclusion  of  a  bilateral 
agreement between the Community and Switzerland. 

HAVE AGREED ON THE FOLLOWING PROVISIONS: 

Article 1 

Switzerland  shall  participate  in  the  ‘Youth  in  Action’  programme  and  in  the  action 
programme in the field of lifelong learning (hereinafter referred to as ‘the Programmes’) in 
accordance  with  the  arrangements  and  conditions  laid  down  in  this  Agreement  and  in 
Annexes I, II and III, which form an integral part thereof. 

Article 2 

This Agreement shall apply to the territories in which the Treaty establishing the European 
Community  is  applicable,  under  the  conditions  laid  down  in  that  Treaty,  and  to  the 
territory of Switzerland. 

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OJ L 327, 24.11.2006, p. 30. 
OJ L 327, 24.11.2006, p. 45. 

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Article 3 

This  Agreement  is  concluded  for  the  duration  of  the  Programmes  in  progress. 
Nevertheless, without prejudice to the second paragraph of this Article, if the Community 
decides to extend the duration of the Programmes without changing them, this Agreement 
will  also  be  automatically  extended  accordingly,  unless  one  of  the  Parties  informs  the 
other,  within  30  days  following  the  decision  to  extend  the  Programmes,  that  it  does  not 
wish  to  extend  the  cooperation.  During  the  extension,  Switzerland  shall  make  an  annual 
financial contribution identical to its financial contribution for 2013. 

This  Agreement  will  not  be  extended  in  the  event  of  termination  or  denunciation  of  the 
Agreement of 21 June 1999 between the European Community and its Member States, of 
the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons. 

Either the Community or Switzerland may terminate this Agreement by notifying the other 
Party of its decision. The Agreement shall cease to apply from the budget year following 
notification, if the latter is before 1 October. If not, it shall cease to apply from the second 
budget year following notification.  

The  projects  and  activities  financed  in  the  budget  years  preceding  that  in  which  the 
Agreement  ceases  to  apply  shall  be  continued  until  completion  under  the  conditions  laid 
down in this Agreement and its Annexes and in accordance with the contractual provisions 
applying to these projects and activities. The Parties shall settle by common consent any 
other consequences of termination. 

Article 4 

The  representatives  of  the  Commission  and  the  representatives  of  the  national  authority 
appointed as observers in the Programme committees shall consult with each other when 
necessary  at  the  request  of  one  of  them  on  the  activities  covered  by  this  Agreement. 
Following  these  consultations,  the  Joint  Committee  established  under  the  Agreement 
between the European Community and its Member States, of the one part, and the Swiss 
Confederation,  of  the  other,  on  the  Free  Movement  of  Persons  of  21  June  1999  shall  be 
authorised  to  amend  the  Annexes  to  this  Agreement,  as  a  general  rule  by  written 
procedure,  if  necessary,  to  take  account  of  the  rules  applying  to  the  Programmes  or  the 
development  of  Switzerland's  take-up  capacity.  Changes  to  the  Annexes  shall  enter  into 
force the day after the adoption of the relevant decision by the Joint Committee. However, 
if the Parties agree to any changes in the provisions of this Agreement, these shall enter 
into force after completion of the Parties’ respective internal procedures. 

Article 5 

This  Agreement  shall  be  ratified  or  concluded  by  the  Parties  in  accordance  with  their 
respective internal procedures. It shall enter into force on the first day of the second month 
following  the  date  of  the  last  notification  by  the  Parties  of  the  completion  of  their 
respective procedures. 

Pending  completion  of  the  procedures  referred  to  in  the  first  paragraph,  the  Parties  shall 
provisionally apply this Agreement for the activities financed under the budget of the year 
following its signature, and at the earliest under the 2011 budget, provided the conditions 
referred to under point 2 of Annex I are observed. 

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In the event of one of the Parties notifying the other that it will not ratify or conclude the 
signed  Agreement,  provisional  application  shall  end  from  the  budget  year  following 
notification.  Notification  terminating  provisional  application  shall  not  affect  the  Parties' 
obligations concerning the projects and activities financed under the budget of the year of 
notification, nor payment by Switzerland of its contribution for the year of notification. 

Article 6 

This Agreement is drawn up in duplicate 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. 

Done at …, … 

For the European Community 

For the Swiss Confederation 

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ANNEX I 
Terms and conditions for the participation of Switzerland in the ‘Youth in Action’ 
programme and in the action programme in the field of lifelong learning 

1. 

2. 

3. 

4. 

5. 

6. 

Switzerland  shall  participate  in  the  ‘Youth  in  Action’  programme  and  in  the 
action programme in the field of lifelong learning (hereinafter referred to as ‘the 
Programmes’) and, unless otherwise provided by this Agreement, this shall take 
place  with  due  regard  for  the  objectives,  criteria,  procedures  and  deadlines  laid 
down  by  Decision  No  1719/2006/EC7  and  Decision  No  1720/2006/EC8  of  the 
European Parliament and of the Council of 15 November 2006 establishing these 
Community action programmes. 

In accordance with the arrangements laid down in Article 8 of the Decision on the 
‘Youth  in  Action’  programme  and  Article  6  of  the  Decision  on  the  action 
programme  in  the  field  of  lifelong  learning,  and  in  accordance  with  the 
Commission  Decisions  on  the  respective  responsibilities  of  the  Member  States, 
the Commission and the National Agencies in the performance of the ‘Youth in 
Action’ programme and the action programme for lifelong learning (2007-2013), 
Switzerland shall be responsible for establishing or designating, and monitoring, 
an  appropriate  structure  (National  Agency)  for  the  coordinated  management  of 
the  implementation  of  the  Programmes'  actions  at  national  level,  shall  assume 
responsibility  for  the  sound  management  by  the  National  Agency  of  the 
appropriations paid to it as aid for projects and shall take any measures necessary 
to  ensure  the  appropriate  financing,  auditing  and  financial  monitoring  of  the 
Agency,  which  shall  receive  from  the  Commission  a  contribution  to  its 
management and implementation costs. Switzerland shall take all other necessary 
steps for the efficient running of the Programmes at national level. 

To  participate  in  the  Programmes,  Switzerland  shall  make  an  annual  financial 
contribution to the general budget of the European Union, in accordance with the 
arrangements set out in Annex II.  

The  terms  and  conditions  for  the  submission,  assessment  and  selection  of 
applications  from  eligible  institutions,  organisations  and  individuals  from 
Switzerland  shall  be  the  same  as  those  applicable  to  eligible  institutions, 
organisations and individuals from the Community. 

With  a  view  to  ensuring  the  Community  dimension  of  the  Programmes,  to  be 
eligible  for  financial  support  from  the  Community,  projects  and  activities  will 
have  to  include  at  least  one  partner  from  one  of  the  Member  States  of  the 
Community. 

The percentage of the Swiss contribution referred to in point 3 above that will be 
allocated to the measures which, according to the rules of the Programmes, have 
to be managed by the National Agency shall reflect the share of these measures in 
the budget of the Programme at Community level. The contribution to the costs of 

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OJ L 327, 24.11.2006, p. 30. 
OJ L 327, 24.11.2006, p. 45. 

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7. 

8. 

the National Agency for the management and implementation of the Programmes 
shall be calculated in accordance with the criteria applied to the Member States of 
the Community. 

The Member States of the Community and Switzerland shall make every  effort, 
within the framework of existing provisions, to facilitate the free movement and 
residence  of  students,  teachers,  trainees,  instructors,  university  administrators, 
young  people  and  other  eligible  persons  moving  between  Switzerland  and  the 
Member  States  of  the  Community  for  the  purpose  of  participating  in  activities 
covered by this Agreement. 

Without  affecting  the  responsibilities  of  the  Commission  and  the  Court  of 
Auditors of the European Communities regarding the monitoring and evaluation 
of  programmes,  the  participation  of  Switzerland  in  the  Programmes  shall  be 
subject to constant monitoring by the Commission and Switzerland in partnership. 
Switzerland  shall  submit  the  necessary  reports  to  the  Commission  and  be 
involved in other specific measures taken by the Community in that context. 

The  Commission's  Decisions  regarding  the  respective  responsibilities  of  the 
Member States, the Commission and the National Agencies in the performance of 
the ‘Youth in Action’ Programme and the programme for lifelong learning (2007-
2013)  and  the  common  standards  set  out  in  the  Guide  for  National  Agencies, 
which  will  be  annexed  to  contracts  between  the  Commission  and  the  Swiss 
National  Agency,  shall  be  applicable  to  relations  between  Switzerland,  the 
Commission and the Swiss National Agency. 

Agreements  between  the  Commission  and  the  Swiss  National  Agency  or  Swiss 
beneficiaries  and  between  the  Swiss  National  Agency  and  Swiss  beneficiaries 
shall be based on the relevant provisions of the Financial Regulation applicable to 
the general budget of the European Communities and on the detailed rules for its 
implementation,  in  particular  regarding  grant  awards  and  the  conclusion  of 
agreements. These provisions shall apply to Swiss participants in the same way as 
they apply to all participants in the Programmes. 

Additional  rules  concerning  financial  control,  recovery  and  other  antifraud 
measures are laid down in Annex III. 

In the event of irregularity, negligence or fraud attributable to the Swiss National 
Agency,  if  the  Commission  cannot  fully  recover  the  sums  owed  to  it  by  the 
National  Agency,  the  Swiss  authorities  shall  be  responsible  for  the  funds  not 
recovered. 

9. 

The  language  to  be  used  in  all  contacts  with  the  Commission,  as  regards  the 
application  process,  contracts,  reports  to  be  submitted  and  other  administrative 
arrangements  for  the  Programmes,  shall  be  one  of  the  official  languages  of  the 
Community. 

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ANNEX II 
Switzerland's financial contribution to the ‘Youth in Action’ programme and the action 
programme in the field of lifelong learning 

1. 

Youth in Action 

Switzerland's  financial  contribution  to  the  European  Union  budget  for  participating 
in the ‘Youth in Action’ programme shall be the following (in million euros): 

Year 2011 

Year 2012 

Year 2013 

1.7 

1.8 

1.9 

2. 

Action programme in the field of lifelong learning 

Switzerland's  financial  contribution  to  the  European  Union  budget  for  participating 
in  the  action  programme  in  the  field  of  lifelong  learning  shall  be  the  following  (in 
million euros): 

Year 2011 

Year 2012 

Year 2013 

14.2 

14.9 

15.6 

3. 

4. 

Travel  and  subsistence  expenses  incurred  by  representatives  and  experts  from 
Switzerland for taking part as observers in the work of the committees referred to in 
Article 9 of the Decision of the European Parliament and of the Council establishing 
the ‘Youth in Action’ programme and Article 10 of  the Decision of the Parliament 
and of the Council establishing the action programme in the field of lifelong learning 
or  in  other  meetings  related  to  the  implementation  of  the  Programmes  shall  be 
refunded by the Commission on the same basis and according to the same procedures 
as for the representatives and experts from the Member States of the Community. 

Following  the  entry  into  force  or  provisional  application  of  this  Agreement,  and  at 
the beginning of each subsequent year, the Commission shall send to Switzerland a 
request  for  funds  corresponding  to  its  contribution  to  each  of  the  Programmes 
covered by this Agreement. 

Switzerland's contribution shall be expressed and paid in euros. 

Switzerland shall pay its contribution before 1 March if the Commission's request for 
funds arrives before 1 February or at the latest 30 days after the request for funds if it 
arrives after 1 February. 

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Any delay in the payment of the contribution shall entail the payment of interest by 
Switzerland on the outstanding amount from the due date. The rate of such interest 
shall  be  the  rate  applied  by  the  European  Central  Bank  to  its  principal  refinancing 
operations,  as  published  in  the  C  series  of  the  Official  Journal  of  the  European 
Union,  in  force  on  the  first  calendar  day  of  the  month  in  which  the  due  date  falls, 
increased by three and a half percentage points. 

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I. 

1. 

2. 

3. 

ANNEX III 
Financial control, recovery and other antifraud measures  

Audits and antifraud measures by the Community 

The  Commission  shall  communicate  directly  with  Programme  participants 
established in Switzerland and with their subcontractors. These may submit directly 
to  the  Commission  all  relevant  information  and  documentation  which  they  are 
required to provide on the basis of the instruments referred to in this Agreement and 
of the contracts concluded to implement them. 

In  accordance  with  Council  Regulation  (EC,  Euratom)  No 1605/2002  of  25  June 
20029
, as last amended by Regulation (EC, Euratom) No 1995/2006 of 13 December 
200610
,  and  Commission  Regulation  (EC,  Euratom)  No 2342/2002  of  23  December 
200211
,  as  last  amended  by  Regulation  (EC,  Euratom)  No  478/2007  of  23  April 
200712
, and with the other rules referred to in this Agreement, the grant agreements 
concluded with Programme beneficiaries established in Switzerland shall provide for 
financial  or  other  audits  to  be  conducted  at  any  time  on  the  premises  of  the 
beneficiaries  or  their  subcontractors  by  Commission  staff  or  by  other  persons 
mandated by the Commission. 

The  accounts  and  operations  of  the  National  Agency  may  be  checked  by 
Commission  staff  or  by  other  persons  mandated  by  the  Commission.  These  checks 
may  also  relate  to  the  ability  of  the  structure  set  up  by  Switzerland  to  apply  the 
Programme rules referred to in the Agreement and to meet the requirements of sound 
financial  management  according  to  the  criteria  of  the  relevant  Articles  of  Council 
Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002,  as  last  amended  by 
Regulation  (EC,  Euratom)  No  1995/2006  of  13  December  2006,  and  Commission 
Regulation (EC, Euratom) No 2342/2002 of 23 December 2002, as last amended by 
Regulation (EC, Euratom) No 478/2007 of 23 April 2007. 

Commission  staff  and  other  persons  mandated  by  the  Commission  shall  have 
appropriate access to sites, works and documents and to any information required in 
order to carry out such audits, including information in electronic form. This right of 
access  shall  be  stated  explicitly  in  the  contracts  concluded  to  implement  the 
instruments  referred  to  in  this  Agreement.  The  European  Court  of  Auditors  shall 
have the same rights as the Commission. 

Audits  may  be  conducted  after  the  Programmes  or  this  Agreement  expires,  on  the 
terms laid down in the contracts in question. 

4. 

Within  the  framework  of  this  Agreement,  the  Commission/OLAF  (the  European 
Anti-Fraud  Office)  shall  be  authorised  to  carry  out  on-the-spot  checks  and 

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OJ L 248, 16.09.2002, p. 1. 
OJ L 390, 30.12.2006, p. 1. 
OJ L 357, 31.12.2002, p. 1. 
OJ L 111, 28.04.2007, p. 13. 

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inspections  on  Swiss  territory,  in  accordance  with  the  procedural  provisions  of 
Council Regulation (Euratom, EC) No 2185/96 of 11 November 199613. 

These checks and inspections shall be prepared and conducted in close collaboration 
with  the  competent  Swiss  authorities  designated  by  Switzerland,  which  shall  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. 

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

Where the participants in the Programmes resist an on-the-spot check or inspection, 
the  Swiss  authorities,  acting  in  accordance  with  national  rules,  shall  give 
Commission/OLAF  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/OLAF shall report as soon as possible to the Swiss authorities any 
fact or suspicion relating to an irregularity which has come to its notice in the course 
of an on-the-spot check or inspection. In any event the Commission/OLAF shall be 
required  to  inform  the  above-mentioned  authority  of  the  result  of  such  checks  and 
inspections. 

II.  Audits and antifraud measures by Switzerland 

1. 

Appropriate  financial  control  of  the  implementation  of  the  Programmes  shall  be 
carried  out  by  the  competent  national  financial  control  authority  in  Switzerland,  in 
accordance  with  Article  8  of  the  Commission  Decisions  on  the  respective 
responsibilities of the Member States, the Commission and the National Agencies in 
the performance of the ‘Youth in Action’ programme and the Action programme for 
lifelong  learning  (2007—2013)  and  the  common  standards  set  out  in  the  Guide  for 
National  Agencies  annexed  to  contracts  between  the  Commission  and  the  Swiss 
National  Agency.  Any  suspected  or  actual  cases  of  fraud  and  irregularity  and  any 
measures  concerning  them  taken  by  the  National  Agency  and  by  the  national 
authorities shall be notified immediately to the Commission. Switzerland shall ensure 
investigation  and  satisfactory  treatment  of  suspected  and  actual  cases  of  fraud  and 
irregularity following national or Community inspections.  

‘Irregularity’ shall mean any infringement of a relevant provision of Community law 
applicable  under  this  Agreement  or  the  contractual  obligations  pursuant  to  it,  as  a 
result of an act or omission by an economic operator, which has, or would have, the 
effect  of  prejudicing  the  general  budget  of  the  European  Communities  or  budgets 
managed by them, by an unjustified item of expenditure.  

‘Fraud’ shall mean any intentional act or omission relating to:  

- the use or presentation of  false, incorrect or  incomplete statements  or  documents, 
which has as its effect the misappropriation or wrongful retention of funds from the 
general  budget  of  the European Communities or budgets managed by, or on behalf 
of, the European Communities,  

13 

OJ L 292, 15.11.1996, p. 2. 

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-  non-disclosure  of  information  in  violation  of  a  specific  obligation,  with  the  same 
effect,  

- the misapplication of such funds for purposes other than those for which they are 
originally granted. 

2. 

The  Swiss  authorities  shall  take  appropriate  measures  to  prevent  and  counter  any 
corrupt practices – active or passive – at any stage of the procurement or grant award 
procedures or during implementation of the corresponding agreements. 

Active corruption is defined as the deliberate action of whosoever promises or gives, 
directly  or  through  an  intermediary,  an  advantage  of  any  kind  whatsoever  to  an 
official  for  himself  or  for  a  third  party  for  him  to  act  or  to  refrain  from  acting  in 
accordance with his duty or in the exercise of his functions in breach of his official 
duties  in  a  way  which  damages  or  is  likely  to  damage  the  European  Communities' 
financial interests. 

Passive corruption is defined as the deliberate action of an official who, directly or 
through an intermediary, requests or receives advantages of any kind whatsoever, for 
himself or a third party, or accepts a promise of such advantage, to act or to refrain 
from acting in accordance with his duty or in the exercise of his functions in breach 
of  his  official  duties  in  a  way  which  damages  or  is  likely  to  damage  the  European 
Communities' financial interests. 

3. 

The  Swiss  authorities  and  the  staff  responsible  for  implementing  the  Programmes 
shall take any  precautions  necessary  to avoid  any risk of a conflict  of interests  and 
shall  inform  the  Commission  immediately  of  any  such  conflict  of  interests  or  any 
situation likely to give rise to one. 

III.  Confidentiality 

Information  communicated  or  acquired  in  any  form  whatsoever  pursuant  to  this 
Annex  shall  be  covered  by  professional  secrecy  and  protected  in  the  same  way  as 
similar  information  is  protected  by  Swiss  law  and  by  the  corresponding  provisions 
information  may  not  be 
applicable 
communicated  to  persons  other  than  those  within  the  Community  institutions  or  in 
the Member States or Switzerland whose functions require them to know it, nor may 
it  be  used  for  purposes  other  than  to  ensure  effective  protection  of  the  Parties' 
financial interests. 

institutions.  Such 

the  Community 

to 

IV.  Administrative measures and penalties 

Without prejudice to application of Swiss criminal law, administrative measures and 
penalties may be imposed by the Commission in accordance with Council Regulation 
(EC, Euratom) No 1605/2002 of 25 June 2002, as last amended by Regulation (EC, 
Euratom)  No  1995/2006  of  13  December  2006,  with  Commission  Regulation  (EC, 
Euratom) No 2342/2002 of 23 December 2002, as last amended by Regulation (EC, 
Euratom)  No  478/2007  of  23  April  2007,  and  with  Council  Regulation  (EC, 

EN 

15 

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Euratom)  No  2988/95  of  18  December  199514  on  the  protection  of  the  European 
Communities' financial interests . 

V.  Recovery 

For indirect centralised management measures, the Swiss National Agency shall be 
responsible for issuing requests for the recovery of funds and for implementing any 
legal action required regarding beneficiaries in consultation with the Commission. In 
the  event  of  irregularity,  negligence  or  fraud  attributable  to  the  Swiss  National 
Agency, the Swiss authorities shall be responsible for the funds not recovered. 

For  centralised  management  measures  carried  out  directly  by  the  Commission, 
decisions  taken  by  the  Commission  within  the  scope  of  this  Agreement  which 
impose  a  pecuniary  obligation  on  persons  other  than  States  shall  be  enforceable  in 
Switzerland. Enforcement shall be governed by the rules of civil procedure in force 
in  Switzerland.  The  order  for  its  enforcement  shall  be  appended  to  the  decision, 
without  other  formality  than  verification  of  the  authenticity  of  the  decision  by  the 
authority which the Government of Switzerland shall designate for this purpose and 
shall make known to the Commission. When these formalities have been completed 
on  application  by  the  Commission,  the  latter  may  proceed  to  enforcement  in 
accordance  with  the  national  law,  by  bringing  the  matter  directly  before  the 
competent  authority.  The  legality  of  the  Commission  decision  shall  be  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  in  a  contract  within  the  scope  of  this  Agreement  shall  be 
enforceable on the same terms. 

14 

OJ L 312, 23.12.1995, p. 1. 

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COUNCIL DECLARATION 

on Swiss attendance of committee meetings 

The Council agrees that Switzerland's representatives shall, insofar as the items concern them, 
attend  meetings  of  the  committees  of  the  ‘Youth  in  Action’  programme  and  the  Action 
programme in the field of lifelong learning (2007—2013). Switzerland's representatives shall 
not be present when these committees vote.  

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