Decision No 1/2022 of the Joint European Union/Switzerland Air Transport Committee set up under the Agreement between the European Community and the Swiss Confederation on air Transport of 24 November 2022 replacing the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport [2022/2471]
Date: 2022-11-24
Institutions: EU–Switzerland Joint Committee
Subjects: Switzerland, agreement (EU), air transport, revision of an agreement




L_2022322EN.01012201.xml










16.12.2022   


EN


Official Journal of the European Union


L 322/122








            DECISION No 1/2022 OF THE JOINT EUROPEAN UNION/SWITZERLAND AIR TRANSPORT COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON AIR TRANSPORT
         
of 24 November 2022
         
replacing the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport [2022/2471]


THE EUROPEAN UNION/SWITZERLAND AIR TRANSPORT COMMITTEE,

Having regard to the Agreement between the European Community and the Swiss Confederation on Air Transport (the ‘Agreement’), and in particular Article 23(4) thereof,

HAS DECIDED AS FOLLOWS:



Sole Article
The Annex to this Decision replaces the Annex to the Agreement, as from 1 January 2023.




Done at Bern and Brussels, on 24 November 2022.


For the Joint Committee


The Head of the European Union Delegation

Filip CORNELIS
            



The Head of the Swiss Delegation

Christian HEGNER
            







ANNEX
For the purposes of this Agreement:






—


By virtue of the Treaty of Lisbon, entered into force on 1 December 2009, the European Union shall replace and succeed the European Community;










—


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










—


The references to Council Regulations (EEC) No 2407/92 and No 2408/92 made in the Articles 4, 15, 18, 27 and 35 of the Agreement, shall be understood as references to Regulation (EC) No 1008/2008 of the European Parliament and of the Council;










—


Without prejudice to Article 15 of this Agreement, the term "Community air carrier" referred to in the following Community directives and regulations shall include an air carrier which is licensed and has its principal place of business and, if any, its registered office in Switzerland in accordance with the provisions of Regulation (EC) No 1008/2008. Any reference to Council Regulation (EEC) No 2407/92 shall be understood as reference to Regulation (EC) N° 1008/2008;










—


Any reference in the following texts to Articles 81 and 82 of the Treaty or to Articles 101 and 102 of the Treaty on the Functioning of the European Union shall be understood to mean Articles 8 and 9 of this Agreement.




1.   Aviation liberalisation and other civil aviation rules


Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast), OJ L 293, 31.10.2008, p. 3, as amended by:






—


Regulation (EU) 2018/1139, OJ L 212, 22.8.2018, p. 1,










—


Regulation (EU) 2020/696, OJ L 165, 27.5.2020, p. 1,










—


Commission Delegated Regulation (EU) 2020/2114, OJ L 426, 17.12.2020, p. 1; Regulation (EU) 2020/2114 is applicable in Switzerland in its entirety since 18.12.2020,










—


Commission Delegated Regulation (EU) 2020/2115, OJ L 426, 17.12.2020, p. 4; Regulation (EU) 2020/2115 is applicable in Switzerland in its entirety since 18.12.2020.





Council Directive 2000/79 of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (text with EEA relevance), OJ L 302, 1.12.2000, p. 57.

Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, OJ L 299, 18.11.2003, p. 9.

Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air, OJ L 66, 11.3.2003, p. 1, amended by:






—


Commission Regulation (EC) No 1358/2003, OJ L 49, 17.2.2007, p. 9.





Commission Regulation (EC) No 1358/2003 of 31 July 2003 implementing Regulation (EC) No 437/2003 of the European Parliament and of the Council on statistical returns in respect of the carriage of passengers, freight and mail by air and amending Annexes I and II thereto, OJ L 194, 1.8.2003, p. 9, as amended by:






—


Commission Regulation (EC) No 158/2007, OJ L 49, 17.2.2007, p. 9.





Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators OJ L 138, 30.4.2004, p. 1, as amended by:






—


Commission Regulation (EU) No 285/2010, OJ L 87, 7.4.2010, p. 19,










—


Commission Delegated Regulation (EU) 2020/1118, OJ L 243, 29.7.2020, p. 1.





Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports, OJ L 14, 22.1.1993, p. 1 (Articles 1-12), as amended by:






—


Regulation (EC) No 793/2004, OJ L 138, 30.4.2004, p. 50,










—


Regulation (EU) 2020/459, OJ L 99, 31.3.2020, p. 1,










—


Commision Delegated Regulation (EU) 2020/1477, OJ L 338, 15.10.2020, p. 4,










—


Regulation (EU) 2021/250, OJ L 58, 19.2.2021, p. 1; paragraphs 1 and 4 of Article 10a of Regulation (EEC) No 95/93, as amended by paragraph (6) of Article 1 of Regulation (EU) 2021/250, are applicable in Switzerland since 20.2.2021,










—


Commission Delegated Regulation (EU) 2021/1889, OJ L 384, 29.10.2021, p. 20,










—


Commission Delegated Regulation (EU) 2022/255, OJ L 42, 23.2.2022, p. 1.





Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (Text with EEA relevance), OJ L 70, 14.3.2009, p. 11.

Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports, OJ L 272, 25.10.1996, p. 36, (Articles 1-9, 11-23, and 25).

Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 (text with EEA relevance), OJ L 35, 4.2.2009, p. 47.
2.   Competition rules


Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (Text with EEA relevance), OJ L 1, 4.1.2003, p. 1 (Articles 1-13, 15-45)
(To the extent that this Regulation is relevant for the application of this Agreement. The insertion of this Regulation does not affect the division of tasks according to this Agreement.)

Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (Text with EEA relevance), OJ L 123, 27.4.2004, p. 18, as amended by:






—


Commission Regulation (EC) No 622/2008, OJ L 171, 1.7.2008, p. 3.





Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (text with EEA relevance), OJ L 24, 29.1.2004, p. 1. (Article 1-18, 19(1)-(2), and 20-23)
With respect to Article 4 (5) of the Merger Regulation the following shall apply between the European Community and Switzerland:






(1)


With regard to a concentration as defined in Article 3 of Regulation (EC) No 139/2004 which does not have a Community dimension within the meaning of Article 1 of that Regulation and which is capable of being reviewed under the national competition laws of at least three EC Member States and the Swiss Confederation, the persons or undertakings referred to in Article 4(2) of that Regulation may, before any notification to the competent authorities, inform the EC Commission by means of a reasoned submission that the concentration should be examined by the Commission.










(2)


The European Commission shall transmit all submissions pursuant to Article 4(5) of Regulation (EC) No 139/2004 and the previous paragraph to the Swiss Confederation without delay.










(3)


Where the Swiss Confederation has expressed its disagreement as regards the request to refer the case, the competent Swiss competition authority shall retain its competence, and the case shall not be referred from the Swiss Confederation pursuant to this paragraph.




With respect to time limits referred to in Articles 4(4) and (5), Articles 9(2) and (6), and Articles 22(2) of the Merger Regulation:






(1)


The European Commission shall transmit all the relevant documents pursuant to Articles 4(4) and (5), Articles 9(2) and (6) and Article 22(2) to the competent Swiss competition authority without delay.










(2)


The calculation of the time limits referred to in Articles 4(4) and (5), Articles 9(2) and (6), and Article 22(2) of Regulation (EC) No 139/2004 shall start, for the Swiss Confederation, upon receipt of the relevant documents by the competent Swiss competition authority.





Commission Regulation (EC) No 802/2004 of 21 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (text with EEA relevance), OJ L 133, 30.4.2004, p. 1 (Articles 1-24), as amended by:






—


Commission Regulation (EC) No 1792/2006, OJ L 362, 20.12.2006, p. 1,










—


Commission Regulation (EC) No 1033/2008, OJ L 279, 22.10.2008, p. 3,










—


Commission Implementing Regulation (EU) No 1269/2013, OJ L 336, 14.12.2013, p. 1.





Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (Codified version) (text with EEA relevance), OJ L 318, 17.11.2006, p. 17.

Council Regulation (EC) No 487/2009 of 25 May 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector (codified version) (text with EEA relevance), OJ L 148, 11.6.2009, p. 1.
3.   Aviation safety


Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91, OJ L 212, 22.8.2018, p. 1, as amended by:






—


Commission Delegated Regulation (EU) 2021/1087, OJ L 236, 5.7.2021, p. 1.




The Agency shall enjoy also in Switzerland the powers granted to it under the provisions of the Regulation.
The Commission shall enjoy also in Switzerland the powers granted to it for decisions pursuant to Article 2(6),(7), Article 41(6), Article 62(5), Article 67(2),(3), Article 70(4), Article 71(2), Article 76(4), Article 84(1), Article 85(9), Article 104(3)(i), Article 105(1) and Article 106(1),(6).
Notwithstanding the horizontal adaptation provided for in the second indent of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport, the references to the “Member States” made in the provisions of Regulation (EU) No 182/2011 mentioned in Article 127 of Regulation (EU) 2018/1139 shall not be understood to apply to Switzerland.
Nothing in this Regulation shall be construed so as to transfer to the EASA authority to act on behalf of Switzerland under international agreements for other purposes than to assist in the performance of its obligations pursuant to such agreements.
The text of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:






(a)


Article 68 is amended as follows:






(i)


in paragraph 1(a), the words "or Switzerland" shall be inserted after the words "the Union";










(ii)


the following paragraph is added:






"4.


Whenever the Union negotiates with a third country in order to conclude an agreement providing that a Member State or the Agency may issue certificates on the basis of certificates issued by the aeronautical authorities of that third country, it shall endeavour to obtain for Switzerland an offer of a similar agreement with the third country in question. Switzerland shall, in turn, endeavour to conclude with third countries agreements corresponding to those of the Union".


















(b)


In Article 95, the following paragraph shall be added:






"3.


By way of derogation from Article 12(2)(a) of the Conditions of Employment of Other Servants of the European Union, Swiss nationals enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency."














(c)


In Article 96, the following paragraph is added:

                           "Switzerland shall apply to the Agency the Protocol on the Privileges and Immunities of the European Union, which is set out as Annex A to the present Annex, in accordance with the Appendix to Annex A.”
                        










(d)


In Article 102, the following paragraph is added:






"5.


Switzerland shall participate fully in the Management Board and shall within it have the same rights and obligations as European Union Member States, except for the right to vote".














(e)


In Article 120, the following paragraph shall be added:






"13.


Switzerland shall participate in the financial contribution referred to in paragraph 1(b), according to the following formula:
S (0.2/100) + S [1 - (a+b) 0.2/100] c/C
where:







S


=


the part of the budget of the Agency not covered by the fees and charges mentioned in paragraph 1 (c) and (d)




a


=


the number of Associated States




b


=


the number of EU Member States




c


=


the contribution of Switzerland to the ICAO budget,




C


=


the total contribution of the EU Member States and of the Associated States to the ICAO budget."


















(f)


In Article 122, the following paragraph is added:






"6.


The provisions relating to financial control by the Union in Switzerland concerning the participants in the activities of the Agency are set out in Annex B to the present Annex."














(g)


Annex I to the Regulation shall be extended to include the following aircraft as products covered by Article 3(1)(a) of Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (1):






 


A/c - [HB-JES] – type Gulfstream G-V










 


A/c - [HB-ZDF] – type MD900.














(h)


In Article 132(1), the reference to Regulation (EU) 2016/679 shall be understood, regarding Switzerland, as a reference to relevant national legislation.










(i)


Article 140(6) does not apply to Switzerland.





Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, OJ L 311, 25.11.2011, p. 1, as amended by:






—


Commission Regulation (EU) No 290/2012, OJ L 100, 5.4.2012, p. 1,










—


Commission Regulation (EU) No 70/2014, OJ L 23, 28.1.2014, p. 25,










—


Commission Regulation (EU) No 245/2014, OJ L 74, 14.3.2014, p. 33,










—


Commission Regulation (EU) 2015/445, OJ L 74, 18.3.2015, p. 1,










—


Commission Regulation (EU) 2016/539, OJ L 91, 7.4.2016, p. 1,










—


Commission Regulation (EU) 2018/1065, OJ L 192, 30.7.2018. p. 21,










—


Commission Regulation (EU) 2018/1119, OJ L 204, 13.8.2018, p. 13,










—


Commission Regulation (EU) 2018/1974, OJ L 326, 20.12.2018, p. 1,










—


Commission Regulation (EU) 2019/27, OJ L 8, 10.1.2019, p. 1,










—


Commission Implementing Regulation (EU) 2019/430, OJ L 75, 19.3.2019, p. 66,










—


Commission Implementing Regulation (EU) 2019/1747, OJ L 268, 22.10.2019, p. 23,










—


Commission Implementing Regulation (EU) 2020/359, OJ L 67, 5.3.2020, p. 82,










—


Commission Delegated Regulation (EU) 2020/723, OJ L 170, 2.6.2020, p. 1,










—


Commission Implementing Regulation (EU) 2020/2193, OJ L 434, 23.12.2020, p. 13,










—


Commission Implementing Regulation (EU) 2021/1310, OJ L 284, 9.8.2021, p. 15,










—


Commission Implementing Regulation (EU) 2021/2227, OJ L 448, 15.12.2021, p. 39,










—


Commission Implementing Regulation (EU) 2022/844, OJ L 148, 31.5.2022, p. 24.





Commission Delegated Regulation (EU) 2020/723 of 4 March 2020 laying down detailed rules with regard to the acceptance of third-country certification of pilots and amending Regulation (EU) No 1178/2011, OJ L 170, 2.6.2020, p. 1.

Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, OJ L 373, 31.12.1991, p. 4 (Articles 1-3, 4(2), (5-11, and 13), as amended by:






—


Regulation (EC) No 1899/2006, OJ L 377, 27.12.2006, p. 1,










—


Regulation (EC) No 1900/2006, OJ L 377, 27.12.2006, p. 176,










—


Commission Regulation (EC) No 8/2008, OJ L 10, 12.1.2008, p. 1,










—


Commission Regulation (EC) No 859/2008, OJ L 254, 20.9.2008, p. 1.




In Accordance with Article 139 of Regulation (EU) 2018/1139, Regulation (EEC) No 3922/91 is repealed from the date of application of the detailed rules adopted pursuant to point (a) of Article 32(1) of Regulation (EU) 2018/1139 on flight and duty time limitations and rest requirements with regard to air taxi, emergency medical service and single pilot commercial air transport operations by aeroplanes.

Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (text with EEA relevance), OJ L 295, 12.11.2010, p. 35, as amended by:






—


Regulation (EU) No 376/2014, OJ L 122, 24.4.2014, p. 18,










—


Regulation (EU) 2018/1139, OJ L 212, 22.8.2018, p. 1.





Commission Regulation (EC) No 104/2004 of 22 January 2004 laying down rules on the organisation and composition of the Board of Appeal of the European Aviation Safety Agency, OJ L 16, 23.1.2004, p. 20.

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of directive 2004/36/EC (text with EEA relevance), OJ L 344, 27.12.2005, p. 15, as amended by:






—


Regulation (EU) 2018/1139, OJ L 212, 22.8.2018, p. 1.





Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (text with EEA relevance), OJ L 84, 23.3.2006, p. 8.

Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council, OJ L 84, 23.3.2006, p. 14, as last amended by:






—


Commission Implementing Regulation (EU) 2022/862, OJ L 151, 2.6.2022, p. 45.





Commission Regulation (EU) No 1332/2011 of 16 December 2011 laying down common airspace usage requirements and operating procedures for airborne collision avoidance (text with EEA relevance), OJ L 336, 20.12.2011, p. 20, as amended by:






—


Commission Regulation (EU) 2016/583, OJ L 101, 16.4.2016, p. 7.





Commission Implementing Regulation (EU) No 646/2012 of 16 July 2012 laying down detailed rules on fines and periodic penalty payments pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (text with EEA relevance), OJ L 187, 17.7.2012, p. 29.

Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations, OJ L 224, 21.8.2012, p. 1, as amended by:






—


Commission Regulation (EU) No 7/2013, OJ L 4, 9.1.2013, p. 36,










—


Commission Regulation (EU) No 69/2014, OJ L 23, 28.1.2014, p. 12,










—


Commission Regulation (EU) 2015/1039, OJ L 167, 1.7.2015, p. 1,










—


Commission Regulation (EU) 2016/5, OJ L 3, 6.1.2016, p. 3,










—


Commission Delegated Regulation (EU) 2019/897, OJ L144, 3.6.2019, p. 1,










—


Commission Delegated Regulation (EU) 2020/570, OJ L 132, 27.4.2020, p. 1,










—


Commission Delegated Regulation (EU) 2021/699, OJ L 145, 28.4.2021, p. 1,










—


Commission Delegated Regulation (EU) 2021/1088, OJ L 236, 5.7.2021, p. 3,










—


Commission Delegated Regulation (EU) 2022/201, OJ L 33, 15.2.2022, p. 7,










—


Commission Implementing Regulation (EU) 2022/203, OJ L 33, 15.2.2022, p. 46.





Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, OJ L 296, 25.10.2012, p. 1, as amended by:






—


Commission Regulation (EU) No 800/2013, OJ L 227, 24.8.2013, p. 1,










—


Commission Regulation (EU) No 71/2014, OJ L 23, 28.1.2014, p. 27,










—


Commission Regulation (EU) No 83/2014, OJ L 28, 31.1.2014, p. 17,










—


Commission Regulation (EU) No 379/2014, OJ L 123, 24.4.2014, p. 1,










—


Commission Regulation (EU) 2015/140, OJ L 24, 30.1.2015, p. 5,










—


Commission Regulation (EU) 2015/1329, OJ L 206, 1.8.2015, p. 21,










—


Commission Regulation (EU) 2015/640, OJ L 106, 24.4.2015, p. 18,










—


Commission Regulation (EU) 2015/2338, OJ L 330, 16.12.2015, p. 1,










—


Commission Regulation (EU) 2016/1199, OJ L 198, 23.7.2016, p. 13,










—


Commission Regulation (EU) 2017/363, OJ L 55, 2.3.2017, p. 1,










—


Commission Regulation (EU) 2018/394, OJ L 71, 14.3.2018, p. 1,










—


Commission Regulation (EU) 2018/1042, OJ L 188, 25.7.2018, p. 3, as amended by:






—


Commission Implementing Regulation (EU) 2020/745, OJ L 176, 5.6.2020, p. 11,














—


Commission Implementing Regulation (EU) 2018/1975, OJ L 326, 20.12.2018, p. 53,










—


Commission Implementing Regulation (EU) 2019/1387, OJ L 229, 5.9.2019, p. 1, as amended by:






—


Commission Implementing Regulation (EU) 2020/1176, OJ L 259, 10.8.2020, p. 10,














—


Commission Implementing Regulation (EU) 2019/1384, OJ L 228, 4.9.2019, p. 106,










—


Commission Implementing Regulation (EU) 2020/2036, OJ L 416, 11.12.2020, p. 24; paragraphs 4 to 6 of the Annex to Regulation (EU) 2020/2036 are applicable in Switzerland since 31.12.2020,










—


Commission Implementing Regulation (EU) 2021/1062, OJ L 229, 29.6.2021, p. 3,










—


Commission Implementing Regulation (EU) 2021/1296, OJ L 282, 5.8.2021, p. 5,










—


Commission Implementing Regulation (EU) 2021/2237, OJ L 450, 16.12.2021, p. 21,










—


Commission Implementing Regulation (EU) 2022/414, OJ L 85, 14.3.2022, p. 4,










—


Commission Implementing Regulation (EU) 2022/790, OJ L 141, 20.5.2022, p. 13.





Commission Implementing Regulation (EU) No 628/2013 of 28 June 2013 on working methods of the European Aviation Safety Agency for conducting standardisation inspections and for monitoring the application of the rules of Regulation (EC) No 216/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 736/2006 (text with EEA relevance), OJ L 179, 29.6.2013, p. 46.

Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (text with EEA relevance), OJ L 44, 14.2.2014, p. 1, as amended by:






—


Commission Regulation (EU) 2017/161, OJ L 27, 1.2.2017, p. 99,










—


Commission Regulation (EU) 2018/401, OJ L 72, 15.3.2018, p. 17,










—


Commission Implementing Regulation (EU) 2020/469, OJ L 104, 3.4.2020, p. 1, as amended by:






—


Commission Implementing Regulation (EU) 2020/1177, OJ L 259, 10.8.2020, p. 12,














—


Commission Delegated Regulation (EU) 2020/1234, OJ L 282, 31.8.2020, p. 1,










—


Commission Delegated Regulation (EU) 2020/2148, OJ L 428, 18.12.2020, p. 10,










—


Commission Delegated Regulation (EU) 2022/208, OJ L 35, 17.2.2022, p. 1,










—


Commission Delegated Regulation (EU) 2022/697, OJ L 130, 4.5.2022, p. 1.





Commission Implementing Regulation (EU) 2019/2153 of 16 December 2019 on the fees and charges levied by the European Union Aviation Safety Agency, and repealing Regulation (EU) No 319/2014, OJ L 327, 17.12.2019, p. 36.

Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (text with EEA relevance), OJ L 122, 24.4.2014, p. 18, as amended by:






—


Regulation (EU) 2018/1139, OJ L 212, 22.8.2018, p. 1.





Commission Implementing Regulation (EU) 2021/2082 of 26 November 2021 laying down the arrangements for the implementation of Regulation (EU) No 376/2014 of the European Parliament and of the Council as regards the common European risk classification scheme, OJ L 426, 29.11.2021, p. 32.

Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (text with EEA relevance), OJ L 133, 6.5.2014, p. 12, as amended by:






—


Commission Regulation (EU) 2016/1158, OJ L 192, 16.7.2016, p. 21.





Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (text with EEA relevance), OJ L 362, 17.12.2014, p. 1, as amended by:






—


Commission Regulation (EU) 2015/1088, OJ L 176, 7.7.2015, p. 4,










—


Commission Regulation (EU) 2015/1536, OJ L 241, 17.9.2015, p. 16,










—


Commission Regulation (EU) 2017/334, OJ L 50, 28.2.2017, p. 13,










—


Commission Regulation (EU) 2018/750, OJ L 126, 23.5.2018, p. 1,










—


Commission Regulation (EU) 2018/1142, OJ L 207, 16.8.2018, p. 2,










—


Commission Implementing Regulation (EU) 2019/1383, OJ L 228, 4.9.2019, p. 1,










—


Commission Implementing Regulation (EU) 2019/1384, OJ L 228, 4.9.2019, p. 106,










—


Commission Implementing Regulation (EU) 2020/270, OJ L 56, 27.2.2020, p. 20,










—


Commission Implementing Regulation (EU) 2020/1159, OJ L 257, 6.8.2020, p. 14,










—


Commission Implementing Regulation (EU) 2021/685, OJ L 143, 27.4.2021, p. 6,










—


Commission Implementing Regulation (EU) 2021/700, OJ L 145, 28.4.2021, p. 20; point (1) of Article 1 and points (5), (6) and (8) of Annex I of Regulation (EU) 2021/700 are applicable in Switzerland since 18.05.2021,










—


Commission Implementing Regulation (EU) 2021/1963, OJ L 400, 12.11.2021, p. 18,










—


Commission Implementing Regulation (EU) 2022/410, OJ L 84, 11.3.2022, p. 20.





Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (text with EEA relevance), OJ L 63, 6.3.2015, p. 1.

Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012, OJ L 106, 24.4.2015, p. 18, as amended by:






—


Commission Implementing Regulation (EU) 2019/133, OJ L 25, 29.1.2019, p. 14,










—


Commission Implementing Regulation (EU) 2020/1159, OJ L 257, 6.8.2020, p. 14,










—


Commission Implementing Regulation (EU) 2021/97, OJ L 31, 29.1.2021, p. 208; article 1 of Regulation (EU) 2021/97 is applicable in Switzerland since 26.02.2021, except for point (1) of Annex I, which is applicable in Switzerland since 16.02.2021.





Commission Implementing Regulation (EU) 2015/1018 of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council (text with EEA relevance), OJ L 163, 30.6.2015, p. 1, as amended by:






—


Commission Implementing Regulation (EU) 2022/3, OJ L 1, 5.1.2022, p. 3.





Commission Decision (EU) 2016/2357 of 19 December 2016 regarding the lack of effective compliance with Regulation (EC) No 216/2008 of the European Parliament and of the Council and its implementing rules in respect of certificates issued by the Hellenic Aviation Training Academy (HATA), and Part-66 licenses issued on the basis thereof (notified under document C(2016) 8645), OJ L 348, 21.12.2016, p. 72.

Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons as well as for the flight crew licensing for balloons pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council, OJ L 71, 14.3.2018, p. 10, as amended by:






—


Commission Implementing Regulation (EU) 2020/357, OJ L 67, 5.3.2020, p. 34,










—


Commission Implementing Regulation (EU) 2021/1874, OJ L 378, 26.10.2021, p. 4.





Commission Implementing Regulation (EU) 2018/1976 of 14 December 2018 laying down detailed rules for the operation of sailplanes as well as for the flight crew licensing for sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council, OJ L 326, 20.12.2018, p. 64, as amended by:






—


Commission Implementing Regulation (EU) 2020/358, OJ L 67, 5.3.2020, p. 57,










—


Commission Implementing Regulation (EU) 2021/1874, OJ L 378, 26.10.2021, p. 4.





Regulation (EU) 2019/494 of the European Parliament and of the Council of 25 March 2019 on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (text with EEA relevance), OJ L 85 I, 27.3.2019, p. 11.

Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems, OJ L 152, 11.6.2019, p. 1, as amended by:






—


Commission Delegated Regulation (EU) 2020/1058 of 27 April 2020, OJ L 232, 20.7.2020, p. 1,










—


Commission Delegated Regulation (EU) 2022/851 of 22 March 2022, OJ L 150, 1.6.2022, p. 21.




Insofar as products listed in Article 2(1) of Regulation (EU) 2019/945 are concerned, Switzerland shall apply the acts referred to in that Regulation as they are included in this Annex, including as set out below, it moreover being understood that the second indent of the Annex shall apply also to these acts:






—


Regulation (EC) No 765/2008 (2), as referred to in Articles 3 point (9), 15, 19(2), 39(1)(a) of Regulation (EU) 2019/945,










—


Regulation (EU) No 1025/2012 (3), as referred to in Articles 3 point (20) and 37(3) of Regulation (EU) 2019/945,










—


Directive 2009/48/EC (4), as referred to in Articles 4(2) and 13(2)(c) as well as point (10) of Part 1 of the Annex to Regulation (EU) 2019/945,










—


Directive 2006/42/EC (5), as referred to in Article 4(2) of Regulation (EU) 2019/945, including:






—


Directive 73/23/EEC (6), as referred to in Article 1(2)(k) of Directive 2006/42/EC and paragraph 1.5.1 of Annex I thereto, bearing in mind that Directive 73/23/EEC has been repealed and the references thereto are to be construed as references to the relevant provisions of Directive 2014/35/EU (7),














—


Regulation (EU) 2019/1020 (8), including the references thereto in Article 5(3) of Regulation (EU) 2019/945 and in Articles 35 and 36(1) thereof, bearing in mind that references to the deleted provisions of Regulation (EC) No 765/2008 are to be construed as references to the relevant provisions of Regulation (EU) 2019/1020 (9), and including as well:






—


Regulation (EU) 2019/515 (10), as referred to in Article 8(2) of Regulation (EU) 2019/1020, insofar as product contact points are concerned,










—


Regulation (EC) No 765/2008, as referred to in Article 11(5) of Regulation (EU) 2019/1020,










—


Directive 2001/95/EC (11), as referred to in Articles 20(4) and 34(4) of Regulation (EU) 2019/1020.








References made to the "Union" in Articles 1(1) (last part of the sentence), 3 point (1), 3 point (2), 3 point (9), 3 point (12) (first part of the sentence), 3 point (21), 4(1) (last part of the sentence), 4(2)(a), 4(2)(b), 4(2)(d), 5(2), 6, 21(1) (last part of the sentence), 29(2), 31(2)(p) of Regulation (EU) 2019/1020 shall be understood to equally apply to Switzerland.
References to Union law in Articles 14(2) and 17 of Regulation (EU) 2019/1020 shall be understood, regarding Switzerland, as referring to its relevant national legislation.
References made to the "Union" in Articles 1(2), 2(3), 3 point (14), 3 point (15), 3 point (18), 3 point (19), 6(1), 7(2)(a), 8(1), 8(2), 9(1), 35(1), 36(3), 38(2), 41(3) and in the first reference in the title of Section 5 of Regulation (EU) 2019/945 shall be understood to equally apply to Switzerland.

Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft, OJ L 152, 11.6.2019, p. 45, as amended by:






—


Commission Implementing Regulation (EU) 2020/639 of 12 May 2020, OJ L 150, 13.5.2020, p. 1,










—


Commission Implementing Regulation (EU) 2020/746 of 4 June 2020, OJ L 176, 5.6.2020, p. 13,










—


Commission Implementing Regulation (EU) 2021/1166 of 15 July 2021, OJ L 253, 16.7.2021, p. 49,










—


Commission Implementing Regulation (EU) 2022/425 of 14 March 2022, OJ L 87, 15.3.2022, p. 20,










—


Commission Implementing Regulation (EU) 2022/525 of 1 April 2022, OJ L 105, 4.4.2022, p. 3.




Insofar as unmanned aircraft systems are concerned, Switzerland shall apply the acts referred to in Regulation (EU) 2019/947 as they are included in this Annex, including as set out below, it moreover being understood that the second indent of the Annex shall apply also to these acts:






—


Directive 2009/48/EC (12), as referred to in Articles 9(2)(a) and 14(5)(a)(ii) of Regulation (EU) 2019/947.




The reference made to Regulation (EU) 2016/679 (13) in UAS.SPEC.050 point (1)(a)(iv) of Part B of the Annex to Regulation (EU) 2019/947 shall be understood, regarding Switzerland, as referring to its relevant national legislation.

Commission Implementing Decision (EU) 2019/1128 of 1 July 2019 on access rights to safety recommendations and responses stored in the European Central Repository and repealing Decision 2012/780/EU (Text with EEA relevance), OJ L 177, 2.7.2019, p. 112.

Commission Delegated Regulation (EU) 2020/2034 of 6 October 2020 supplementing Regulation (EU) No 376/2014 of the European Parliament and of the Council as regards the common European risk classification scheme (Text with EEA relevance), OJ L 416, 11.12.2020, p. 1.

Commission implementing Regulation (EU) 2021/664 of 22 April 2021 on a regulatory framework for the U-space, OJ L 139, 23.4.2021, p. 161.
4.   Aviation Security


Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (text with EEA relevance), OJ L 97, 9.4.2008, p. 72, as amended by:






—


Commission Regulation (EU) No 18/2010, OJ L 7, 12.1.2010, p. 3.





Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council, OJ L 91, 3.4.2009, p. 7, as amended by:






—


Commission Regulation (EU) No 297/2010, OJ L 90, 10.4.2010, p. 1,










—


Commission Regulation (EU) No 720/2011, OJ L 193, 23.7.2011, p. 19,










—


Commission Regulation (EU) No 1141/2011, OJ L 293, 11.11.2011, p. 22,










—


Commission Regulation (EU) No 245/2013, OJ L 77, 20.3.2013, p. 5.





Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures (text with EEA relevance), OJ L 338, 19.12.2009, p. 17, as amended by:






—


Commission Regulation (EU) 2016/2096, OJ L 326, 1.12.2016, p. 7.





Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security (text with EEA relevance), OJ L 23, 27.1.2010, p. 1, as amended by:






—


Commission Implementing Regulation (EU) 2016/472, OJ L 85, 1.4.2016, p. 28.





Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (text with EEA relevance), OJ L 299, 14.11.2015, p. 1, as amended by:






—


Commission Implementing Regulation (EU) 2015/2426, OJ L 334, 22.12.2015, p. 5,










—


Commission Implementing Regulation (EU) 2017/815, OJ L 122, 13.5.2017, p. 1,










—


Commission Implementing Regulation (EU) 2018/55, OJ L 10, 13.1.2018, p. 5,










—


Commission Implementing Regulation (EU) 2019/103, OJ L 21, 24.1.2019, p. 13, as amended by:






—


Commission Implementing Regulation (EU) 2020/910, OJ L 208, 1.7.2020, p. 43,














—


Commission Implementing Regulation (EU) 2019/413, OJ L 73, 15.3.2019, p. 98,










—


Commission Implementing Regulation (EU) 2019/1583, OJ L 246, 26.9.2019, p. 15, as amended by:






—


Commission Implementing Regulation (EU) 2020/910, OJ L 208, 1.7.2020, p. 43.














—


Commission Implementing Regulation (EU) 2020/111, OJ L 21, 27.1.2020, p. 1,










—


Commission Implementing Regulation (EU) 2020/910, OJ L 208, 1.7.2020, p. 43,










—


Commission Implementing Regulation (EU) 2021/255, OJ L 58, 19.2.2021, p. 23; points 15, 18 to 19 and 32 of the Annex to Regulation (EU) 2021/255 are applicable in Switzerland since 11.03.2021,










—


Commission Implementing Regulation (EU) 2022/421, OJ L 87, 15.3.2022, p. 1,










—


Commission Implementing Regulation (EU) 2022/463, OJ L 94, 23.3.2022, p. 3,










—


Commission Implementing Regulation (EU) 2022/1174, OJ L 183, 8.7.2022, p. 35 with the exception of the new point 11.1.1 (b) of the Annex of Regulation (EU) 2015/1998, as provided for in Number 35 of the Annex of Regulation (EU) 2022/1174.





Commission Implementing Decision C(2015) 8005 of 16 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security containing information, as referred to in point (a) of Article 18 of Regulation (EC) No 300/2008 (not published in the OJ) as amended by:






—


Commission Implementing Decision C(2017) 3030,










—


Commission Implementing Decision C(2018) 4857,










—


Commission Implementing Decision C(2019) 132, as amended by:






—


Commission Implementing Decision C(2020) 4241,














—


Commission Implementing Decision C(2021) 0996,










—


Commission Implementing Decision C(2022) 4638.





Commission Decision (EU) 2021/2147 of 3 December 2021 on the approval of civil aviation security equipment with ‘EU Stamp’ marking, OJ L 433, 6.12.2021, p. 25.
5.   Air traffic management


Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the Single European Sky (the Framework Regulation) (text with EEA relevance), OJ L 96, 31.3.2004, p. 1, as amended by:






—


Regulation (EC) No 1070/2009, OJ L 300, 14.11.2009, p. 34.




The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 6, 8, 10, 11 and 12.
Article 10 shall be amended as follows:
In paragraph 2, the words "at Community level" should be replaced by words "at Community level, involving Switzerland".
Notwithstanding the horizontal adjustment referred to in the second indent of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport, the references to the “Member States” made in Article 5 of Regulation (EC) No 549/2004 or in the provisions of Decision 1999/468/EC mentioned in that provision shall not be understood to apply to Switzerland.

Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky (the Service Provision Regulation) (text with EEA relevance), OJ L 96, 31.3.2004, p. 10, as amended by:






—


Regulation (EC) No 1070/2009, OJ L 300, 14.11.2009, p. 34.




The Commission shall enjoy towards Switzerland the powers granted to it pursuant to Articles 9a, 9b, 15, 15a, 16 and 17.
The provisions of the Regulation shall, for the purposes of this Agreement, be amended as follows:






(a)


Article 3 shall be amended as follows:
In paragraph 2, the words "and Switzerland" shall be inserted after the words "the Community".










(b)


Article 7 is amended as follows:
In paragraph 1 and paragraph 6, the words "and Switzerland" shall be inserted after the words "the Community".










(c)


Article 8 is amended as follows:
In paragraph 1, the words "and Switzerland" shall be inserted after the words "the Community".










(d)


Article 10 is amended as follows:
In paragraph 1, the words "and Switzerland" shall be inserted after the words "the Community".










(e)


Article 16(3) is replaced by the following:






"3.


The Commission shall address its decision to the Member States and inform the service provider thereof, in so far as it is legally concerned."









Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the Single European Sky (the Airspace Regulation) (text with EEA relevance), OJ L 96, 31.3.2004, p. 20, as amended by:






—


Regulation (EC) No 1070/2009, OJ L 300, 14.11.2009, p. 34.




The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 3a, 6 and 10.

Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the Interoperability Regulation) (text with EEA relevance), OJ L 96, 31.3.2004, p. 26, as amended by:






—


Regulation (EC) No 1070/2009, OJ L 300, 14.11.2009, p. 34.




The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 4, 7 and 10(3).
The provisions of the Regulation shall, for the purposes of this Agreement, be amended as follows:






(a)


Article 5 is amended as follows:
In paragraph 2, the words "or Switzerland" shall be inserted after the words "the Community".










(b)


Article 7 is amended as follows:
In paragraph 4, the words "or Switzerland" shall be inserted after the words "the Community".










(c)


Annex III shall be amended as follows:
In section 3, second and last indents, the words "or Switzerland" shall be inserted after the words "the Community".
In accordance with Article 139 of Regulation (EU) 2018/1139, Regulation (EC) No 552/2004 is repealed with effect from 11 September 2018. However, Articles 4, 5, 6, 6a and 7 of that Regulation and Annexes III and IV thereto shall continue to apply until the date of application of the delegated acts referred to in Article 47 of Regulation 2018/1139 and insofar as those acts cover the subject matter of the relevant provisions of Regulation (EC) No 552/2004, and in any case not later than 12 September 2023.





Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace (text with EEA relevance), OJ L 342, 24.12.2005, p. 20.

Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the Single European Sky (text with EEA relevance), OJ L 186, 7.7.2006, p. 46, as amended by:






—


Commission Implementing Regulation (EU) No 923/2012, OJ L 281, 13.10.2012, p. 1,










—


Commission Implementing Regulation (EU) No 428/2013, OJ L 127, 9.5.2013, p. 23,










—


Commission Implementing Regulation (EU) 2016/2120, OJ L 329, 3.12.2016, p. 70,










—


Commission Implementing Regulation (EU) 2018/139, OJ L 25, 30.1.2018, p. 4.





Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units (text with EEA relevance), OJ L 186, 7.7.2006, p. 27, as amended by:






—


Commission Regulation (EC) No 30/2009, OJ L 13, 17.1.2009, p. 20.





Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR), OJ L 64, 2.3.2007, p. 1, as amended by:






—


Council Regulation (EC) No 1361/2008, OJ L 352, 31.12.2008, p. 12,










—


Council Regulation (EU) No 721/2014, OJ L 192, 1.7.2014, p. 1.





Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units (text with EEA relevance), OJ L 146, 8.6.2007, p. 7, as amended by:






—


Commission Regulation (EU) No 283/2011, OJ L 77, 23.3.2011, p. 23.





Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (text with EEA relevance), OJ L 62, 8.3.2017, p. 1, as amended by:






—


Commission Implementing Regulation (EU) 2020/469, OJ L 104, 3.4.2020, p. 1, as amended by:






—


Commission Implementing Regulation (EU) 2020/1177, OJ L 259, 10.8.2020, p. 12,














—


Commission Implementing Regulation (EU) 2021/665, OJ L 139, 23.4.2021, p. 184,










—


Commission Implementing Regulation (EU) 2021/1338, OJ L 289, 12.8.2021, p. 12.





Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the Single European Sky (text with EEA relevance), OJ L 13, 17.1.2009, p. 3, as amended by:






—


Commission Implementing Regulation (EU) 2015/310, OJ L 56, 27.2.2015, p. 30,










—


Commission Implementing Regulation (EU) 2019/1170, OJ L 183, 9.7.2019, p. 6,










—


Commission Implementing Regulation (EU) 2020/208, OJ L 43, 17.2.2020, p. 72.




The text of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:






 



                  "Switzerland UIR" is added in Annex I, part A.





Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the Single European Sky (text with EEA relevance), OJ L 84, 31.3.2009, p. 20, as amended by:






—


Commission Implementing Regulation (EU) 2016/2345, OJ L 348, 21.12.2016, p. 11.





Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (text with EEA relevance), OJ L 80, 26.3.2010, p. 10, as amended by:






—


Commission Implementing Regulation (EU) No 923/2012, OJ L 281, 13.10.2012, p. 1,










—


Commission Implementing Regulation (EU) 2016/1006, OJ L 165, 23.6.2016, p. 8,










—


Commission Implementing Regulation (EU) 2017/2159, OJ L 304, 21.11.2017, p. 45.





Commission Decision No C(2010)5134 of 29 July 2010 on the designation of the Performance Review Body of the Single European Sky (not published in the OJ).

Commission Regulation (EU) No 176/2011 of 24 February 2011 on the information to be provided before the establishment and modification of a functional airspace block, OJ L 51, 25.2.2011, p. 2.

Commission Decision No C(2011) 4130 of 7 July 2011 on the nomination of the Network Manager for the air traffic management (ATM) network functions of the single European sky (text with EEA relevance) (not published in the OJ).

Commission Implementing Regulation (EU) No 1206/2011 of 22 November 2011 laying down requirements on aircraft identification for surveillance for the single European sky (text with EEA relevance), OJ L 305, 23.11.2011, p. 23, as amended by:






—


Commission Implementing Regulation (EU) 2020/587, OJ L 138, 30.4.2020, p. 1.




The text of Implementing Regulation (EU) No 1206/2011 shall, for the purposes of this Agreement, be read with the following adaptation:






 



                  "Switzerland UIR" is added in Annex I.





Commission Implementing Regulation (EU) No 1207/2011 of 22 November 2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky (text with EEA relevance), OJ L 305, 23.11.2011, p. 35, as amended by:






—


Commission Implementing Regulation (EU) No 1028/2014, OJ L 284, 30.9.2014, p. 7,










—


Commission Implementing Regulation (EU) 2017/386, OJ L 59, 7.3.2017, p. 34,










—


Commission Implementing Regulation (EU) 2020/587, OJ L 138, 30.4.2020, p. 1,










—


Commission Implementing Regulation (EU) 2022/2, OJ L 1, 5.1.2022, p. 1.





Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (text with EEA relevance), OJ L 281, 13.10.2012, p. 1, as amended by:






—


Commission Regulation (EU) 2015/340, OJ L 63, 6.3.2015, p. 1,










—


Commission Implementing Regulation (EU) 2016/1185, OJ L 196, 21.7.2016, p. 3,










—


Commission Implementing Regulation (EU) 2017/835, OJ L 124, 17.5.2017, p. 35,










—


Commission Implementing Regulation (EU) 2020/469, OJ L 104, 3.4.2020, p. 1, as amended by:






—


Commission Implementing Regulation (EU) 2020/1177, OJ L 259, 10.8.2020, p. 12,














—


Commission Implementing Regulation (EU) 2020/886, OJ L 205, 29.6.2020, p. 14,










—


Commission Implementing Regulation (EU) 2021/666, OJ L 139, 23.4.2021, p. 187.





Commission Implementing Regulation (EU) No 1079/2012 of 16 November 2012 laying down requirements for voice channels spacing for the single European sky (text with EEA relevance), OJ L 320, 17.11.2012, p. 14, as amended by:






—


Commission Implementing Regulation (EU) No 657/2013, OJ L 190, 11.7.2013, p. 37,










—


Commission Implementing regulation (EU) 2016/2345, OJ L 348 , 21.12.2016, p. 11,










—


Commission Implementing Regulation (EU) 2017/2160, OJ L 304, 21.11.2017, p. 47.





Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan (text with EEA relevance), OJ L 123, 4.5.2013, p. 1, as amended by:






—


Commission Implementing Regulation (EU) 2021/116, OJ L 36, 2.2.2021, p. 10.





Commission Implementing Regulation (EU) 2021/116 of 1 February 2021 on the establishment of the Common Project One supporting the implementation of the European Air Traffic Management Master Plan provided for in Regulation (EC) No 550/2004 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 409/2013 and repealing Commission Implementing Regulation (EU) No 716/2014 (Text with EEA relevance), OJ L 36, 2.2.2021, p. 10.
For the purposes of this Agreement, the Annex to the Regulation shall be read with the following adaptations:






(a)


The following point is added after point 1.2.1.r): “s) Zürich Kloten”










(b)


The following point is added after point 2.2.1.r): “s) Zürich Kloten”










(c)


The following point is added after point 2.2.2.r): “s) Zürich Kloten”










(d)


The following points are added after point 2.2.3.bb): “cc) Geneva; dd) Zürich Kloten”.





Commission Implementing Regulation (EU) 2018/1048 of 18 July 2018 laying down airspace usage requirements and operating procedures concerning performance-based navigation, OJ L 189, 26.7.2018, p. 3.

Commission Implementing Regulation (EU) 2019/123 of 24 January 2019 laying down detailed rules for the implementation of air traffic management (ATM) network functions and repealing Commission Regulation (EU) No 677/2011 (text with EEA relevance), OJ L 28, 31.1.2019, p. 1.

Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (text with EEA relevance), OJ L 56, 25.2.2019, p. 1, as amended by:






—


Commission Implementing Regulation (EU) 2021/1880, OJ L 380, 27.10.2021, p. 1.





Commission Implementing Decision (EU) 2019/709 of 6 May 2019 on the appointment of the network manager for air traffic management (ATM) network functions of the single European sky (notified under document C(2019) 3228), OJ L 120, 8.5.2019, p. 27.

Commission Implementing Decision (EU) 2021/891 of 2 June 2021 setting revised Union-wide performance targets for the air traffic management network for the third reference period (2020-2024) and repealing Implementing Decision (EU) 2019/903 (Text with EEA relevance), OJ L 195, 3.6.2021, p. 3.

Commission Implementing Decision (EU) 2019/2167 of 17 December 2019 approving the Network Strategy Plan for the air traffic management network functions of the single European sky for the period 2020-2029, OJ L 328, 18.12.2019, p. 89.

Commission Implementing Decision (EU) 2019/2168 of 17 December 2019 on the appointment of the chairperson and the members and their alternates of the Network Management Board and of the members and their alternates of the European Aviation Crisis Coordination Cell for the air traffic management network functions for the third reference period 2020-2024, OJ L 328, 18.12.2019, p. 90.

Commission Implementing Decision (EU) 2019/2012 of 29 November 2019 on exemptions under Article 14 of Commission Regulation (EC) No 29/2009 laying down requirements on data link services for the single European sky (Text with EEA relevance), OJ L 312, 3.12.2019, p. 95.

Commission Implementing Regulation (EU) 2020/1627 of 3 November 2020 on exceptional measures for the third reference period (2020-2024) of the single European sky performance and charging scheme due to the COVID-19 pandemic, OJ L 366, 4.11.2020, p. 7.
6.   Environment and noise


Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (text with EEA relevance) (Articles 1-12, and 14-18), OJ L 85, 28.3.2002, p. 40.
(The amendments to Annex I, arising from Annex II, Chapter 8 (Transport policy), Section G (Air transport), point 2 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, shall apply).

Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emissions from civil subsonic jet aeroplanes, OJ L 363, 13.12.1989, p. 27.
(Articles 1-8).

Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3 , Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (codified version) (text with EEA relevance), OJ L 374, 27.12.2006, p. 1.
7.   Consumer protection


Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, OJ L 158, 23.6.1990, p. 59 (Articles 1-10).

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, OJ L 95, 21.4.1993, p. 29 (Articles 1-11), as amended by:






—


Directive 2011/83/EU, OJ L 304, 22.11.2011. p. 64.





Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air in the event of accidents, OJ L 285, 17.10.1997, p. 1 (Articles 1-8), as amended by:






—


Regulation (EC) No 889/2002, OJ L 140, 30.5.2002, p. 2.





Regulation (EC) No 261/2004 of the Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (text with EEA relevance), OJ L 46, 17.2.2004, p. 1. (Articles 1-18).

Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the right of disabled persons and persons with reduced mobility when travelling by air (text with EEA relevance), OJ L 204, 26.7.2006, p. 1.
8.   Miscellaneous


Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (text with EEA relevance), OJ L 283, 31.10.2003, p. 51.
(Article 14(1)(b), and Article 14(2).
9.   Annexes:








A


:


Protocol on the Privileges and Immunities of the European Union




B


:


Provisions on financial control by the European Union as regards Swiss participants in activities of the EASA






(1)  
            OJ L 224, 21.8.2012, p. 1.

(2)  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, OJ L 218, 13.8.2008, p. 30, as amended by Regulation (EU) 2019/1020, OJ L 169, 25.6.2019, p. 1.

(3)  Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council, OJ L 316, 14.11.2012, p. 12, as last amended by Directive (EU) 2015/1535, OJ L 241, 17.9.2015, p. 1.

(4)  Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys, OJ L 170, 30.6.2009, p. 1, as last amended by Commission Directive (EU) 2021/903, OJ L 197, 4.6.2021, p. 110.

(5)  Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast), OJ L 157, 9.6.2006, p. 24, as last amended by Regulation (EU) 2019/1243, OJ L 198, 25.7.2019, p. 241.

(6)  Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of Member States relating to electrical equipment designed for use within certain voltage limits, OJ L 77, 26.3.1973, p. 29, as repealed by






—


Directive 2006/95/EC of the European Parliament and of the Council of 12 December 2006, OJ L 374, 27.12.2006, p. 10, as repealed by










—


Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014, OJ L 96, 29.3.2014, p. 357.





(7)  Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits, OJ L 96, 29.3.2014, p. 357.

(8)  Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011, OJ L 169, 25.6.2019, p. 1.

(9)  See Article 39 of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011.

(10)  Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008, OJ L 91, 29.3.2019, p. 1.

(11)  Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, OJ L 11, 15.1.2002, p. 4, as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council, OJ L 188, 18.7.2009, p. 14.

(12)  Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys, OJ L 170, 30.6.2009, p. 1, as last amended by Commission Directive (EU) 2021/903, OJ L 197, 4.6.2021, p. 110.

(13)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1.





ANNEX A
PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN UNION
THE HIGH CONTRACTING PARTIES,

(2)   

CONSIDERING that, in accordance with Article 343 of the Treaty on the Functioning of the European Union and Article 191 of the Treaty establishing the European Atomic Energy Community (‘EAEC’), the European Union and the EAEC 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 the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community:
CHAPTER I

PROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE EUROPEAN UNION


Article 1
The premises and buildings of the Union shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation. The property and assets of the Union shall not be the subject of any administrative or legal measure of constraint without the authorisation of the Court of Justice.


Article 2
The archives of the Union shall be inviolable.


Article 3
The Union, its 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 Union makes, for its 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 Union.
No exemption shall be granted in respect of taxes and dues which amount merely to charges for public utility services.


Article 4
The Union shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for its official use: articles so imported shall not be disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the government of that country.
The Union shall also be exempt from any customs duties and any prohibitions and restrictions on import and exports in respect of its publications.

CHAPTER II

COMMUNICATIONS AND LAISSEZ-PASSER



Article 5
For their official communications and the transmission of all their documents, the institutions of the Union 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 Union shall not be subject to censorship.


Article 6

Laissez-passer in a form to be prescribed by the Council, acting by a simple majority, 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 Union 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 Union.
The Commission may conclude agreements for these laissez-passer to be recognised as valid travel documents within the territory of third countries.

CHAPTER III

MEMBERS OF THE EUROPEAN PARLIAMENT


Article 7
No administrative or other restriction shall be imposed on the free movement of Members of the European Parliament travelling to or from the place of meeting of the European Parliament.
Members of the European Parliament shall, in respect of customs and exchange control, be accorded:






(a)


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










(b)


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






Article 8
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 9
During the sessions of the European Parliament, its Members shall enjoy:






(a)


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










(b)


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 UNION


Article 10
Representatives of Member States taking part in the work of the institutions of the Union, 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 Union.

CHAPTER V

OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN UNION


Article 11
In the territory of each Member State and whatever their nationality, officials and other servants of the Union shall:






(a)


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 Union and, on the other hand, to the jurisdiction of the Court of Justice of the European Union in disputes between the Union and its 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;










(b)


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










(c)


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










(d)


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;










(e)


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 12
Officials and other servants of the Union shall be liable to a tax for the benefit of the Union on salaries, wages and emoluments paid to them by the Union, in accordance with the conditions and procedure laid down by the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consultation of the institutions concerned.
They shall be exempt from national taxes on salaries, wages and emoluments paid by the Union.


Article 13
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 Union, officials and other servants of the Union who, solely by reason of the performance of their duties in the service of the Union, 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 Union, 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 Union. This provision shall also apply to a spouse, to the extent that the latter is not separately engaged in a gainful occupation, and to children dependent on and in the care of the persons referred to in this Article.
Movable property belonging to persons referred to in the preceding paragraph and situated in the territory of the country where they are staying shall be exempt from death duties in that country; such property shall, for the assessment of such duty, be considered as being in the country of domicile for tax purposes, subject to the rights of third countries and to the possible application of provisions of international conventions on double taxation.
Any domicile acquired solely by reason of the performance of duties in the service of other international organisations shall not be taken into consideration in applying the provisions of this Article.


Article 14
The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consultation of the institutions concerned, shall lay down the scheme of social security benefits for officials and other servants of the Union.


Article 15
The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, and after consulting the other institutions concerned, shall determine the categories of officials and other servants of the Union to whom the provisions of Article 11, the second paragraph of Article 12, and Article 13 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 UNION


Article 16
The Member State in whose territory the Union has its seat shall accord the customary diplomatic immunities and privileges to missions of third countries accredited to the Union.

CHAPTER VII

GENERAL PROVISIONS


Article 17
Privileges, immunities and facilities shall be accorded to officials and other servants of the Union solely in the interests of the Union.
Each institution of the Union 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 Union.


Article 18
The institutions of the Union shall, for the purpose of applying this Protocol, cooperate with the responsible authorities of the Member States concerned.


Article 19
Articles 11 to 14 and Article 17 shall apply to Members of the Commission.


Article 20
Articles 11 to 14 and Article 17 shall apply to the Judges, the Advocates-General, the Registrars and the Assistant Rapporteurs of the Court of Justice of the European Union, without prejudice to the provisions of Article 3 of the Protocol on the Statute of the Court of Justice of the European Union relating to immunity from legal proceedings of Judges and Advocates-General.


Article 21
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 22
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.






Appendix to ANNEX A
PROCEDURES FOR THE APPLICATION IN SWITZERLAND OF THE PROTOCOL ON PRIVILEGES AND IMMUNITIES OF THE EUROPEAN UNION
1.   Extension of application to Switzerland
Wherever the Protocol on the privileges and immunities of the European Union (hereinafter called "the Protocol") contains references to Member States, the references are to be understood to apply equally to Switzerland, unless the following provisions determine otherwise.
2.   Exemption of the Agency from indirect taxation (including VAT)
Goods and services exported from Switzerland are not to be subject to Swiss value added tax (VAT). In the case of goods and services provided to the Agency in Switzerland for its official use, in accordance with the second paragraph of Article 3 of the Protocol, exemption from VAT is by way of refund. Exemption from VAT 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 is to be granted on presentation to the Federal Tax Administration's VAT Main Division of the Swiss forms provided for the purpose. As a rule, refund applications must be processed within the three months following the date on which they were lodged together with the necessary supporting documents.
3.   Procedures for the application of the rules relating to the Agency's staff
As regards the second paragraph of Article 12 of the Protocol, Switzerland shall exempt, according to 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 (1) from federal, cantonal and communal taxes on salaries, wages and emoluments paid to them by the European Union 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 application of Article 13 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 European Union are not obliged to be members of the Swiss social security system.
The Court of Justice of the European Union shall have exclusive jurisdiction in any matters concerning relations between the Agency or the Commission and its staff with regard to the application of Council Regulation (EEC, Euratom, ECSC) No259/68 (2) and the other provisions of the European Union law laying down working conditions.


(1)  Regulation (Euratom, ECSC, EEC) No 549/69 of the Council of 25 March 1969 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply (OJ L 74, 27.3.1969, p. 1). Regulation last amended by Commission Regulation (EC) No 1749/2002 (OJ L 264, 2.10.2002, p. 13.)

(2)  Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (Conditions of Employment of Other Servants) (OJ L 56, 4.3.1968, p. 1). Regulation last amended by Commission Regulation (EC) No 2104/2005 (OJ L 337, 22.12.2005, p. 7.)





ANNEX B
FINANCIAL CONTROL AS REGARDS SWISS PARTICIPANTS IN ACTIVITIES OF THE EUROPEAN AVIATION AGREEMENT

Article 1
Direct communication
The Agency and the Commission shall communicate directly with all persons or entities established in Switzerland and participating in activities of the Agency, as contractors, participants in Agency programmes, recipients of payments from the Agency or the Community budget, or subcontractors. Such persons may send directly to the Commission and to the Agency all relevant information and documentation which they are required to submit on the basis of the instruments referred to in this Decision and of contracts or agreements concluded and any decisions taken pursuant to them.


Article 2
Checks

1.   In accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and the Financial Regulation adopted by the Management Board of the Agency on 26 March 2003, with Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and with the other instruments referred to in this Decision, contracts or agreements concluded and decisions taken with beneficiaries established in Switzerland may provide for scientific, financial, technological or other audits to be conducted at any time on the premises of the beneficiaries and of their subcontractors by Agency and Commission officials or by other persons mandated by the Agency and the Commission.


2.   Agency and Commission officials and other persons mandated by the Agency and the Commission shall have appropriate access to sites, works and documents and to all the information required in order to carry out such audits, including in electronic form. This right of access shall be stated explicitly in the contracts or agreements concluded to implement the instruments referred to in this Decision.


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


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


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



Article 3
On-the-spot checks

1.   Under this Agreement, the Commission (OLAF) is authorised to carry out on-the-spot checks and inspections on Swiss territory, under the terms and conditions set out in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities. (3)



2.   On-the-spot checks and inspections shall be prepared and conducted by the Commission in close cooperation with the Swiss Federal Audit Office or with other competent Swiss authorities appointed by the Swiss Federal Audit Office, 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. To that end, the officials of the competent Swiss authorities may participate in the on-the-spot checks and inspections.


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


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


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



Article 4
Information and consultation

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


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



Article 5
Confidentiality
Information communicated or acquired in any form whatsoever pursuant to this Annex will be covered by professional confidentiality and protected in the same way as similar information is protected by the national legislation of Switzerland and by the corresponding provisions applicable to the Community institutions. Such information shall not be communicated to persons other than those within the Community institutions, in the Member States, or in Switzerland whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the financial interests of the Contracting Parties.


Article 6
Administrative measures and penalties
Without prejudice to application of Swiss criminal law, administrative measures and penalties may be imposed by the Agency or the Commission in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 and with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests. (4)



Article 7
Recovery and enforcement
Decisions taken by the Agency or the Commission within the scope of this Decision which impose a pecuniary obligation on persons other than States shall be enforceable in Switzerland.
The enforcement order must be issued, without any further control than verification of the authenticity of the act, by the authority designated by the Swiss government, which must inform the Agency or the Commission thereof. Enforcement must take place in accordance with the Swiss rules of procedure. The legality of the enforcement decision is subject to control by the Court of Justice of the European Union.
Judgments given by the Court of Justice of the European Union pursuant to an arbitration clause are enforceable on the same terms.



(1)  
            OJ L 248, 16.9.2002, p. 1.

(2)  
            OJ L 357, 31.12.2002, p. 72.

(3)  
            OJ L 292, 15.11.1996, p. 2.

(4)  
            OJ L 312, 23.12.1995, p. 1.