Source: EURLEX
Language: en
Format: md

![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 9.4.2025

COM(2025) 160 final

2025/0086(NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, on the participation of the Swiss Confederation in Union Programmes

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The EU and Switzerland are closely intertwined from an economic, historical, cultural, social and political perspective. The EU is Switzerland’s largest trading partner, while Switzerland is the EU’s fourth largest trading partner. Over 1.5 million EU citizens live in Switzerland and just under 450,000 Swiss nationals live in the EU. Every day a few hundred thousand frontier workers cross the EU-Swiss border in both directions.

The EU and Switzerland are tied together by multiple bilateral agreements. Through the agreements on the free movement of persons, land transport, air transport, trade in agricultural products and mutual recognition in relation to conformity assessment, Switzerland takes part in the EU’s internal market
[1](#footnote1)
. Through the 
[Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis,](https://eur-lex.europa.eu/eli/agree_internation/2008/178(1)/oj/eng)
 Switzerland is also a Schengen associated country. During the COVID-19 pandemic cooperation between the EU and Switzerland on cross-border health threats increased.

Switzerland has also traditionally been a strong partner in research and innovation. The country has collaborated with the European Union on numerous Union funding programmes focused notably on research, innovation, and education. Since 1987, Swiss universities and the private sector actively participated in the EU’s research and innovation framework programmes. That same year, the first bilateral agreement on scientific and technological cooperation entered into force
[2](#footnote2)
. Switzerland remains deeply engaged in various European initiatives, including the European Organization for Nuclear Research (CERN), the European Space Agency, the European Cooperation in Science and Technology (COST), and Eureka. It was also associated with the Euratom Research and Training Programme in the period 2014-2020
[3](#footnote3)
 and participated in activities related to the European Joint Undertaking for ITER and the Development of Fusion for Energy between 2014-2020 based on the Association Agreement to Horizon 2020 and Euratom. Furthermore, Switzerland was formerly a member of the EU’s Erasmus programme
[4](#footnote4)
.

While the EU-Switzerland relationship is close, it has also been hampered by several longstanding structural problems. To solve those problems, between 2014 and 2021, the EU and Switzerland conducted negotiations on an Institutional Framework Agreement. The Institutional Framework Agreement would have also provided the governance framework for additional agreements in fields related to the internal market in which Switzerland participates, including agreements for which negotiations had been authorised by the Council, notably on food safety (2003 and 2008) and electricity (2006). In addition, it would have provided the governance framework for the agreement on health, for which negotiations had been authorised by the Council in 2008.

Negotiators reached an agreement on a draft Institutional Framework Agreement text at technical level in November 2018. In reaction to the Federal Council’s refusal to endorse the draft text, negotiations on the other agreements came to a halt as both the Council, in its conclusions of 19 February 2019, and the European Parliament, in its recommendation of 26 March 2019, made the conclusion of new internal market access agreements or improved conditions under existing agreements conditional on the conclusion of the Institutional Framework Agreement. On 26 May 2021, despite further attempts to find solutions, the Swiss Federal Council decided to unilaterally terminate the negotiations on the Institutional Framework Agreement. Switzerland’s unilateral decision brought the bilateral cooperation in the areas of research, innovation and education to a temporary halt.

Following the breakdown of the negotiations on the Institutional Framework Agreement, the European Commission and Switzerland initiated exploratory talks in March 2022 to discuss the future of their relations. These talks led to a Common Understanding that recorded both sides’ political understanding on the way forward for a future negotiation and identified the components and parameters of a broad negotiating package, as well as landing zones and solutions on key institutional and sectoral points. The exploratory process confirmed both sides’ strong interest in revitalising their cooperation in research, innovation, and education. In this context, the Common Understanding affirmed the intention to establish, as part of the broader package, a legal framework enabling Switzerland’s participation in the current MFF 2021-2027 and later generations of Union programmes, including the Research and Innovation framework programmes, Digital Europe, and Erasmus+. Furthermore, the Common Understanding confirmed both sides’ intention to re-engage in negotiations on the implementation of the existing EU-Switzerland GNSS agreement (Galileo and EGNOS) and to initiate discussions on Switzerland’s participation in the Copernicus component of the EU Space programme.

The Common Understanding was endorsed by the Swiss Federal Council and by the European Commission in November 2023. Both sides committed to use it as a basis for seeking their negotiating mandates and recorded their ambition of concluding the negotiations in the course of 2024.

Consequently, on 20 December 2023, the Commission adopted a Recommendation for a Council decision to authorise negotiations on the broad package of measures identified and defined during the exploratory talks. The overall objective of these negotiations was to modernise and strengthen bilateral relations between the EU and Switzerland, ensure fair competition between EU and Swiss companies operating within the internal market, and safeguard the rights of EU citizens in Switzerland, including preventing discrimination between citizens of different Member States. This would allow citizens, businesses, and researchers on both sides to fully benefit from the geographical proximity, shared values, and economic links between the EU and Switzerland. In parallel, the Federal Council undertook the corresponding preparatory work on the Swiss side. Following the completion of the relevant processes in Switzerland, the Council of the European Union adopted a decision on 12 March 2024, authorising the Commission to launch negotiations on the broad package of measures, along with detailed negotiating directives.

The negotiating directives confirmed that, as part of the package, the Commission should negotiate a standalone agreement outlining the general terms and conditions for Switzerland’s participation in Union programmes. This agreement should ensure a fair balance between Switzerland’s contributions and the benefits derived from participation in these programmes, as well as establish the conditions of participation, including the calculation of financial contributions to each of those programmes and their administrative costs. The protocols for Switzerland’s association to specific Union programmes should establish the list of programmes in which Switzerland participates for each generation of programmes. According to the negotiating directives, the agreement should also allow for the possibility of Switzerland’s future association with other Union programmes through a protocol or protocols, which would be adopted via a simplified procedure by a Joint Committee set up under the agreement.

The negotiations on the broad package were launched on 18 March 2024 by the President of the European Commission, Ursula von der Leyen, and the then President of the Swiss Confederation, Viola Amherd. The Commission conducted the negotiations in consultation with the Council, including the General Affairs Council, and the EFTA Working Party appointed by the Council as the special committee for the purpose of negotiations with Switzerland. Due regard has been given to the resolution of the European Parliament of 4 October 2023 and the Commission kept the European Parliament duly informed on the negotiation process in accordance with Article 218(10) of the Treaty on the Functioning of the European Union (TFEU).

After nine months of intense negotiations, Presidents von der Leyen and Amherd announced the successful completion of discussions on all elements of the broad package on 20 December 2024. The broad package includes the update of the five agreements which already give Switzerland access to the EU internal market
[5](#footnote5)
; a new agreement on food safety that will establish a Common Food Safety Area covering all dimensions of the food chain; a new agreement on health that will allow Switzerland to take part in EU mechanisms and bodies addressing serious cross-border threats to health, notably the European Centre for Disease Prevention and Control and the Early Warning and Response System; a new agreement on electricity that will allow the participation of Switzerland in the EU internal electricity market; a new agreement on Switzerland's permanent and fair financial contribution to economic and social cohesion within the Union, reflecting the level of partnership and cooperation between the parties; and a new agreement that will allow Switzerland to participate in several Union programmes open to association of third countries, namely Horizon Europe, Euratom Research and Training, ITER/F4E (Fusion for Energy), Digital Europe, Erasmus+, as well as EU4Health, a programme that aims to complement the cooperation established in the EU-Switzerland health agreement that the two partners negotiated as part of the same broad package. In addition to the elements listed above, the broad package also includes a separate protocol on parliamentary cooperation.

While the agreement regarding Switzerland’s participation in Union programmes (Agreement between the European Union and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, on the participation of the Swiss Confederation in Union Programmes (‘the Agreement’)) forms an integral part of the broader package negotiated between the two partners in 2024, the Commission has decided to expedite the proposal for its signature with the aim of starting its provisional application – in accordance with Article 18 if it is signed before 15 November 2025 – with effect from 1 January 2025. This approach will allow to give effect to the transitional arrangements that the Commission granted to Switzerland during the negotiations of the broader package, for award procedures implementing the 2025 commitment appropriations. Given the significance of Switzerland’s participation, the provisional application of this Agreement is in the EU’s interest. At the same time, it does not affect the broad package approach established by the Common Understanding and confirmed by the Council negotiating directives, as the Agreement concerning Switzerland’s participation in Union programmes includes a sunset clause, which provides that the provisional application of the Agreement will cease if Switzerland does not complete its procedures necessary for the entry into force of the package by the end of 2028. Moreover, the conclusion of the Agreement is foreseen as part of the wider package, which encompasses other key agreements that were the subject of the negotiations conducted in 2024. The Commission intends to make a separate proposal to that effect.

Given that Switzerland will also participate in the Euratom Research and Training programme, and in the European Joint Undertaking for ITER and the Development of Fusion for Energy, this proposal is accompanied by a Commission Recommendation for a Council Decision approving the conclusion and provisional application of the Agreement on Union programmes (for matters falling under the Euratom Treaty).

•Consistency with existing policy provisions in the policy area

In terms of content, the Agreement on Switzerland’s participation in Union programmes is similar to other agreements that the European Union has concluded over the past years with partners such as the United Kingdom, New Zealand and Canada and is therefore consistent with the Union’s policy in the field. The Agreement however contains certain specific provisions related to its integration in the broad package of which this Agreement is an integral part, in particular in order to cater for the link between Switzerland’s participation in the EU4Health programme and the new Agreement between the European Union and the Swiss Confederation on health.

•Consistency with other Union policies

The Agreement which is a part of a broad package of the EU-Switzerland agreements fully respects the Treaties and preserves the integrity and the autonomy of the Union legal order. It promotes the values, objectives and interests of the Union, and ensures consistency, effectiveness and continuity of its policies and actions.

The participation of Switzerland in Union programmes will fully respect the basic acts defining the programmes and the existing Union regulations related to financial management such as the Financial Regulation
[6](#footnote6)
.

2.LEGAL BASIS

The Agreement establishes the rules applicable to the participation of Switzerland in any Union programme, activity, or parts thereof, which are open to its participation, and covers a wide range of areas under the TFEU, notably in research and innovation, education, training, youth, sport and culture, as well as other areas of common interest such as digital transformation and action in the field of health. The negotiations on the Agreement were launched and have been finalised at the same time as those on the broad package. The Agreement is intrinsically linked to the other elements of the broad package. In this respect, the Agreement provides for its entry into force subject to the fulfilment of the internal procedures necessary for the entry into force of thirteen other instruments of the package. It includes a sunset clause, which provides that the provisional application of the Agreement will cease if Switzerland does not complete its procedures necessary for the entry into force of the package by the end of 2028. The Agreement also contains provisions ensuring that Switzerland’s participation in the Programme for the Union’s action in the field of health is closely linked to the Agreement between the European Union and the Swiss Confederation on Health. In addition, compensatory measures could be taken under the Agreement in case of non-compliance with the obligations deriving from the Agreement on Switzerland’s contribution to cohesion. Given the intrinsic links with other key agreements of the wider package, the Agreement should be concluded at the same time as the other agreements of the package and as an integral part of that package.

As this Agreement envisages association to several Union programmes, and is part of a broad package of linked agreements, its main objective is reflected in the legal basis providing for the establishment of an association allowing the Union to enter into commitments in all areas covered by the Treaties. Hence, the appropriate substantive legal basis for the proposed Council Decision on the signing and provisional application of the Agreement, as regards matters falling under the Treaty on the Functioning of the European Union, is Article 217 TFEU. This should be distinguished from the case of recent agreements with New Zealand, Canada and the Republic of Korea, on participation of these countries in Union programmes and their association to Horizon Europe, which were based on Article 212 TFEU in view of their more limited scope.

The procedural legal basis is Article 218(5) TFEU, read in conjunction with the second subparagraph of Article 218(8) TFEU which provides for unanimity voting in the Council.

Thus, the legal basis for the proposed Council Decision is Article 217 TFEU, read in conjunction with Article 218(5) TFEU and the second subparagraph of Article 218(8) TFEU.

The Agreement also covers Switzerland's participation in activities under the Treaty establishing the European Atomic Energy Community (the ‘Euratom Treaty’) pertaining to nuclear fusion, fission and training. The signing and provisional application of the Agreement as regards matters falling under the Euratom Treaty is subject to a Recommendation for a Council Decision approving the conclusion, by the European Commission, of the Agreement between the European Union and the European Atomic Energy Community of the one part, and Switzerland of the other part, on the participation of the Swiss Confederation in Union Programmes, that is submitted together with this proposal under a separate procedure.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

N/A

•Stakeholder consultations

N/A

•Collection and use of expertise

N/A

•Impact assessment

N/A

•
   Regulatory fitness and simplification

N/A

•Fundamental rights

N/A

4.BUDGETARY IMPLICATIONS

The Agreement will have an impact on the EU budget through the association of Switzerland to Horizon Europe, Euratom Research and Training Programme, the activities of the European Joint Undertaking for ITER and the Development of Fusion Energy, Digital Europe, Erasmus+ and EU4Health programmes. The Agreement sets out fair and balanced conditions concerning the financial contribution of Switzerland to Union programmes in which it would participate and provides for the administrative costs for managing those programmes. The Agreement includes a reciprocity clause, ensuring that legal entities established in the Union have, as far as possible, access to participate in Switzerland’s equivalent research and innovation programmes, in accordance with the conditions laid down in the domestic legislation of Switzerland.

The Legislative Financial Statement presented with this proposal sets out the indicative budgetary implications.

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

N/A

•Explanatory documents (for directives)

N/A

•Detailed explanation of the specific provisions of the proposal

The Agreement on participation in Union programmes sets out the legal framework for the participation of Switzerland in Union programmes, ensuring a fair balance as regards the contributions and benefits. It also ensures that no decision-making power is conferred on Switzerland in respect of the programmes in which Switzerland participates.

The Agreement lays down the conditions for the calculation of financial contributions to individual programmes and their administrative costs, and guarantees the rights of the Union to ensure sound financial management and to protect the Union's financial interests.

The Agreement also lays down other conditions for the participation in Union programmes, such as provisions regarding the mobility of persons that participate in the implementation of those Union programmes. The Agreement includes the conditions for the suspension of the participation of Switzerland in Union programmes and the termination of the Agreement. It also includes provisions ensuring that those cases will not affect the legal commitments entered into with Swiss entities.

The Agreement provides for its provisional application with retroactive effect from 1 January 2025, if signed before 15 November 2025, with the objective of starting the cooperation in the fields covered by the Agreement on the date specified for each programme. As regards Switzerland’s participation in the EU4Health Programme, that date is linked to the date of entry into force of the Agreement on Health.

Protocol I covers Switzerland’s participation in Horizon Europe and the Digital Europe programmes, from 1 January 2025, and Erasmus+ from 1 January 2027. Protocol I also covers the Euratom Research and Training programme and the activities of the European Joint Undertaking Fusion for Energy (F4E) for ITER. The Euratom Research and Training Programme is a matter that falls under the Euratom Treaty. It is therefore covered by the Recommendation for a Council Decision approving the conclusion, by the European Commission, of the Agreement for matters falling under the Euratom Treaty that is submitted together with this proposal under a separate procedure.

Horizon Europe (2021-2027)
[7](#footnote7)
 is the flagship Union programme for research and innovation. Protocol I foresees Switzerland’s association to the entirety of the Horizon Europe programme. Pillar I of the programme primarily aims to strengthen the EU’s own science and technology bases, build-up European research and innovation capabilities and attract knowledge and talents to Europe. Pillar II aims at tackling Global Challenges and strengthening European industrial competitiveness, often through projects of a multi- or interdisciplinary nature. Pillar III focuses on the competitiveness and the innovative capabilities of the EU. Switzerland’s association covers also the parts of the programme focusing on widening participation and strengthening the European Research Area.

Switzerland is expected to be associated to Erasmus+, the Union Programme for education and training, youth and sport, as of 1 January 2027. The objective of the programme is to support, through lifelong learning, the educational, professional and personal development of people in education, training, youth and sport, in Europe and beyond. It includes actions focused on mobility, cooperation between organisations and policy development. The specificity of the programme as compared to other Union programmes is that the largest part of its budget is managed in indirect management.

Protocol I sets out the specific conditions for association to Erasmus+. In line with the legal basis of the programme
[8](#footnote8)
, these conditions include the nomination of a National Authority, the establishment of a National Agency, and the designation of an Independent Audit Body. Switzerland’s participation in the programme is conditional upon the positive ex-ante assessment of its National Agency and the payment of a financial contribution. By derogation to the financial conditions under this Agreement, and limited to the Multiannual Financial Framework 2021-2027, Switzerland’s operational contribution will amount to 70% of the contribution key defined in the agreement.

As regards Digital Europe Programme
[9](#footnote9)
, Switzerland will be associated to almost all elements of the programme except Specific objective 3 on Cybersecurity and Specific Objective 6 on Semiconductors where no third country can be associated (apart from EEA EFTA States). Thus, Switzerland will be associated to Specific Objectives SO1 (High Performance Computing), SO2 (Artificial Intelligence), SO4 (Advanced Digital Skills) and SO5 (Deployment and Best Use of Digital Capacities and Interoperability). Swiss entities will be able to participate in the calls for which they are eligible for.

Certain actions under the Digital Europe Programme, specifically those falling under Specific Objective 1 (High Performance Computing) and Specific Objective 2 (Artificial Intelligence), have direct implications on the essential security interests of the Union and its Member States. Consequently, these actions have been restricted under Article 12(6) of the Digital Europe Programme Regulation, with the Work Programme 2025-2027 outlining specific terms and conditions for participation.

To this end, a questionnaire was sent to the relevant Swiss authorities on 13 January 2025, which they will need to complete. The Commission will evaluate the Swiss responses to determine whether entities established in Switzerland can be included in the scope of eligibility for the concerned actions. This questionnaire is largely identical to the one submitted to Switzerland in terms of the assessment under Article 22 (5) of Regulation (EU) 2021/695 in December 2024, with the primary difference being the reciprocity criterion's focus on the Digital Europe Programme and additional sectoral considerations in the foreign direct investment part.

Protocol II covers the participation of Switzerland in the European Joint Undertaking for ITER and the Development of Fusion for Energy. Since this matter falls under the Euratom Treaty it is covered by the Recommendation for a Council Decision approving the conclusion, by the European Commission, of the Agreement as regards matters falling under the Euratom Treaty, that is submitted together with this proposal under a separate procedure.

Protocol III on the participation of Switzerland in the EU4Health Programme stipulates that Switzerland can participate as an associated country in and contribute to specific parts of the EU4Health Programme established by Regulation (EU) 2021/522. The specific parts relate to crisis preparedness as covered by the Agreement between the European Union and the Swiss Confederation on Health. According to Protocol III Switzerland will participate in the EU4Health Programme from 1 January of the year following the entry into force of the Agreement between the European Union and the Swiss Confederation on Health, for the remaining duration of the EU4Health Programme or until the end of the Multiannual Financial Framework 2021-2027, whichever is shorter.

The text of the Agreement is submitted to the Council together with the proposal for a decision on the signing and provisional application.

In accordance with the Treaties, it is for the Commission to ensure the signing of the Agreement, subject to its conclusion at a later date.

2025/0086 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, on the participation of the Swiss Confederation in Union Programmes

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)On 12 March 2024, the Council authorised the Commission to open negotiations with the Swiss Confederation for a broad package of measures related to bilateral relations with the Swiss Confederation, comprising of institutional and State aid provisions in, and, where necessary, specific adaptations to, agreements between the European Union and the Swiss Confederation in fields related to the internal market, of an agreement on Switzerland’s participation in Union programmes and an agreement that forms the basis for Switzerland’s permanent contribution towards reducing economic and social disparities between regions
[10](#footnote10)
. The Council had also authorised the Commission to open negotiations with the Swiss Confederation on new agreements on electricity, health and food safety, on the participation of Switzerland in the European Union Agencies for the Union Space Programme and for Railways, and on the amendment of the Agreement between the European Community and the Swiss Confederation on air transport to allow for cabotage.

(2)The Commission has negotiated, on behalf of the Union, a broad package of agreements which includes an Agreement between the European Union and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, on the participation of the Swiss Confederation in Union Programmes (‘the Agreement’), as well as Protocols on institutional, State aid and amending provisions for agreements between the European Community and the Swiss Confederation in fields related to the internal market in which Switzerland participates, an Agreement between the European Union and the Swiss Confederation on Switzerland’s regular financial contribution towards reducing economic and social disparities in the European Union, an Agreement between the European Union and the Swiss Confederation on health, an Agreement between the European Union and the Swiss Confederation on electricity, a Protocol to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products establishing a Common Food Safety Area, and an Agreement between the European Union and the Swiss Confederation on the terms and conditions for the participation of the Swiss Confederation in the European Union Agency for the Space Programme.

(3)The Agreement establishes the rules applicable to the participation of Switzerland in any Union programme, activity or services, or parts thereof, which are open to its participation, and covers a wide range of areas, notably in research and innovation, nuclear fusion and fission, and education, training, youth, sport and culture, as well as other areas of common interest such as digital transformation and action in the field of health. Moreover, the Agreement is intrinsically linked to the other elements of the broad package. In this respect, the Agreement provides for Switzerland’s participation in the Programme for the Union’s action in the field of health which is closely linked to the Agreement on Health; compensatory measures could be taken under the Agreement in case of non-compliance with the obligations stemming from the Agreement on Switzerland’s regular financial contribution towards reducing economic and social disparities in the European Union. 

(4)The negotiations on the Agreement were launched and have been finalised at the same time as those on the broad package. Article 17 of the Agreement provides that its entry into force is linked to the entry into force of several instruments which are part of the package. The Agreement also provides for provisional application, which shall, however, cease at the latest on 31 December 2028 if Switzerland has not completed its internal procedures necessary for the entry into force of the instruments referred to in Article 17 of the Agreement. The Agreement is to be concluded at the same time as the other elements of the broad package and as an integral part of that package. The decision on the signing of the Agreement should therefore be based on the legal basis providing for the establishment of an association allowing the Union to enter into commitments in all areas covered by the Treaties.

(5)The Agreement should be signed on behalf of the Union as regards matters falling under the Treaty on the Functioning of the European Union, subject to its conclusion at a later date.

(6)With the aim to increase the breadth of their cooperation, the Agreement provides that the Parties shall apply it provisionally, in accordance with their respective internal procedures and legislation, as from 1 January 2025, unless the date of its signature is after 15 November 2025, in which case the Parties shall apply the Agreement provisionally as from 1 January 2026.

(7)The Agreement should therefore be applied provisionally by the Union as regards matters falling under the Treaty on the Functioning of the European Union.

(8)Pursuant to Article 18 of the Agreement, provisional application shall cease at the latest on 31 December 2028 if Switzerland, by that date, has not completed its internal procedures necessary for the entry into force of the instruments referred to in Article 17 of the Agreement.

(9)The signing and provisional application of the Agreement as regards matters falling under the Treaty establishing the European Atomic Energy Community is subject to a separate procedure under that Treaty,

HAS ADOPTED THIS DECISION:

Article 1

The signing, on behalf of the Union, as regards matters other than those falling under the Treaty establishing the European Atomic Energy Community (the ‘Euratom Treaty’), of the Agreement between the European Union and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, on the participation of the Swiss Confederation in Union Programmes (‘the Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.
[11](#footnote11)

Article 2

Subject to reciprocity, the Agreement, as regards matters other than those falling under the Euratom Treaty, shall be applied provisionally in accordance with Article 18 of the Agreement.
[12](#footnote12)

Article 3 

This Decision shall enter into force on the day of its adoption.

Done at Brussels,

For the Council

   The President

LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT

‘REVENUE’- FOR PROPOSALS HAVING BUDGETARY IMPACT ON THE REVENUE SIDE OF THE BUDGET

1.NAME OF THE PROPOSAL:

Proposal for a Council Decision on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the European Atomic Energy Community, of the one part, and the Swiss Confederation of the other part, on the participation of the Swiss Confederation in Union programmes (Horizon Europe, Erasmus+, EU4Health
[13](#footnote13)
, Digital Europe).

2.BUDGET LINES:

Horizon Europe

Revenue line (Chapter/Article/Item): 6 0 1 0 — Horizon Europe — Assigned revenue

Amount budgeted for the year concerned:

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

Whole article 01 01 01 (01 01 01 01, 01 01 01 02, 01 01 01 03, 01 01 01 11, 01 01 01 12, 01 01 01 13, 01 01 01 71, 01 01 01 72, 01 01 01 73, 01 01 01 74, 01 01 01 76)

Whole article 01 02 01 (01 02 01 01, 01 02 01 02, 01 02 01 03)

Whole article 01 02 02 (01 02 02 10, 01 02 02 11, 01 02 02 12, 01 02 02 20, 01 02 02 30, 01 02 02 31, 01 02 02 40, 01 02 02 41, 01 02 02 42, 01 02 02 43, 01 02 02 50, 01 02 02 51, 01 02 02 52, 01 02 02 53, 01 02 02 54, 01 02 02 60, 01 02 02 61, 01 02 02 70)

Whole article 01 02 03 (01 02 03 01, 01 02 03 02, 01 02 03 03)

Whole article 01 02 04 (01 02 04 01, 01 02 04 02)

Article 01 02 05

Budget line 20 XX Administrative expenditure of the European Commission.

Erasmus+

Revenue line (Chapter/Article/Item): 6 0 1 0 — Erasmus+ — Assigned revenue

Amount budgeted for the year concerned:

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

Whole article

Erasmus+ (Heading 2 : 07.030101, 07.030102, 07.0302, 07.0303, 07.010201.xx, 07.010275)

Erasmus+ (Heading 6 : 15.020102, 14.020150, 14.010175, 15.010175).

Budget line 20 XX Administrative expenditure of the European Commission

EU4Health

Title 6 : Revenue, contributions and refunds related to Union policies, Chapter 6 1 : Cohesion, resilience and values, Article 6 1 1 : Recovery and Resilience, and item :

6113 EU4Health programme - Assigned revenue

The revenues will be assigned to the following expenditure lines:

|  |  |
| --- | --- |
| Budget line | Title |
| 06 01 05 73– Heading 2b | European Health and Digital Executive Agency — Contribution from the EU4Health programme |
| 06 01 05 01– Heading 2b | Support expenditure for the EU4Health Programme |
| 06 06 01– Heading 2b | EU4Health Programme |
| 20 02 01 01 – Heading 7 | Contract agents |
| 20 04 01– Heading 7 | Information systems |

Digital Europe

Revenue line (Chapter/Article/Item): 6 0 2 2 — Digital Europe Programme — Assigned revenue

Amount budgeted for the year concerned: 19 296 000

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

|  |  |
| --- | --- |
| 02 01 30 01 | Support expenditure for the Digital Europe Programme |
| 02 01 30 73 | European Health and Digital Executive Agency — Contribution from the Digital Europe Programme |
| 02 04 02 10 | Digital Europe Programme - High-performance computing |
| 02 04 03 00 | Digital Europe Programme - Artificial intelligence |
| 02 04 04 00 | Digital Europe Programme - Skills |
| 02 04 05 01 | Digital Europe Programme - Deployment |
| 02 04 05 02 | Digital Europe Programme - Deployment / Interoperability |
| Budget line 20.XX | Administrative expenditure of the European Commission |

3.FINANCIAL IMPACT
[14](#footnote14)

◻
   Proposal has no financial implications

◻ 
   Proposal has no financial impact on expenditure but has a financial impact on revenue

☑
   Proposal has a financial impact on assigned revenue

  

The effect is as follows: 

Horizon Europe

(EUR million to three decimal place)

|  |  |  |  |
| --- | --- | --- | --- |
| Revenue line | Impact on revenue | XX months period starting dd/mm/yyyy (if applicable) | Year N (2025) |
| 6 0 1 0 | 1 934.043 | 36 months starting 01/01/2025 | 636.724 |

|  |  |  |  |
| --- | --- | --- | --- |
| Situation following action | | | |
| Revenue line | 2025 | 2026 | 2027 |
| 6 0 1 0 | 636.724 | 640.836 | 656.483 |

|  |  |  |  |
| --- | --- | --- | --- |
| Expenditure line | 2025 | 2026 | 2027 |
| Articles 01 01 01; 01 02 01; 01 02 02; 01 02 03; 01 02 04; 01 02 05 | 621.194 | 622.171 | 631.234 |
| 20 XX | 15.530 | 18.665 | 25.249 |

Erasmus+

(EUR million to three decimal place)

|  |  |  |  |
| --- | --- | --- | --- |
| Revenue line | Impact on revenue | XX months period starting dd/mm/yyyy (if applicable) | Year N (2027) |
| 6 0 1 0 | 181,1 | 12 months starting 01/01/2027 | 181,1 |

|  |  |
| --- | --- |
| Revenue line | 2027 |
| 6 0 1 0 | 181,1 |

|  |  |
| --- | --- |
| Expenditure line | 2027 |
| Articles :  07.030101, 07.030102, 07.0302, 07.0303, 07.010201, 07.010275 | 174,1 |
| 20 XX | 7,0 |

EU4Health

(EUR million to one decimal place)

|  |  |  |  |
| --- | --- | --- | --- |
| Revenue line | Impact on revenue [15](#footnote15) | 24 months period starting 01/01/2026 | Year N |
| Article 6113 | 47,738 [16](#footnote16) | 01/01/2026 [17](#footnote17) | 31/12/2027 |

|  |  |  |
| --- | --- | --- |
| Revenue line | 2026 [18](#footnote18) | 2027 |
| Article 6113 | 23,869 | 23,869 |

(EUR million to one decimal place)

|  |  |  |
| --- | --- | --- |
| Expenditure line | Title | 2026 allocation |
| 06 01 05 73 | European Health and Digital Executive Agency — Contribution from the EU4Health programme | 0,684 |
| 06 01 05 01 | Support expenditure for the EU4Health Programme | 0,292 |
| 06 06 01 | EU4Health Programme | 22,425 |
| 20 02 01 01 | Contract agents | 0,234 |
| 20 04 01 | Information systems | 0,234 |

Digital Europe

EUR million to three decimal place)

|  |  |  |  |
| --- | --- | --- | --- |
| Revenue line | Impact on revenue | XX months period starting dd/mm/yyyy (if applicable) | Year N (2025) |
| 6 0 2 2 | 59.875 | 36 months starting 01/01/2025 | 19.296 |

|  |  |  |  |
| --- | --- | --- | --- |
| Situation following action | | | |
| Revenue line | 2025 | 2026 | 2027 |
| 6 0 2 2 | 19.296 | 18.793 | 21.786 |

|  |  |  |  |
| --- | --- | --- | --- |
| Expenditure line | 2025 | 2026 | 2027 |
| Articles  02 01 30  02 04 02  02 04 03  02 04 04  02 04 05 | 18.826 | 18.245 | 20.948 |
| 20 XX | 0.470 | 0.548 | 0.838 |

4.ANTI-FRAUD MEASURES

Article 325 of the Treaty on the functioning of the European Union (TFEU) requires the Commission to counter fraud and any illegal activities affecting the financial interests of the Union. Preventing and detecting fraud is therefore a general obligation for all Commission Services in the framework of their daily activities involving the use of resources.

Any fraud or irreguralities involving EU funds has a particularly negative impact on the reputation of the Commission and the implementation of EU policies. The current Commission Anti-Fraud Strategy (COM(2019)196) was adopted on 29 April 2019, to replace the 2011 Strategy. It is a policy document setting out the Commission’s priorities in the fight against fraud in view of the 2021-2027 multiannual financial framework. The 2019 CAFS’ main objectives are to 1) “further improve the understanding of fraud patterns, fraudsters’ profiles and systemic vulnerabilities relating to fraud affecting the EU budget” (data collection and analysis), and 2) “optimise coordination, cooperation and workflows for the fight against fraud, in particular among Commission services and executive agencies” (coordination, cooperation and processes). The strategy is accompanied by an Action Plan which was revised in July 2023 and which, like its predecessor, seeks to strengthen all parts of the anti-fraud cycle: prevention, detection, investigation and correction.

The guiding principles and target standards of the 2019 CAFS are:

•
   zero tolerance for fraud;

•
   fight against fraud as an integral part of internal control;

•
   cost-effectiveness of controls;

•
   professional integrity and competence of EU staff;

•
   transparency on how EU funds are used;

•
   fraud prevention, notably fraud-proofing of spending programmes;

•
   effective investigation capacity and timely exchange of information;

•
   swift correction (including recovery of defrauded funds and judicial/administrative sanctions);

•
   good cooperation between internal and external players, in particular between the EU and national authorities responsible, and among the departments of all EU institutions and bodies concerned;

•
   effective internal and external communication on the fight against fraud.

Articles 11 to 14 of the Agreement contain detailed provisions concerning the Sound Financial Management, which also includes anti-fraud measures. These meausures are to be applicable horizontally to ensure protection of EU financial interests across Union Programmes or activities covered in the future Protocols potentially to be adopted by the Joint Committee under the Agreement to associate the Swiss Confederation to a number of Union programmes or activities. They are applicable also to Protocols, as Protocols and Annexes constitute an integral part thereof.

Notably, Articles 11 and 12 of the Agreement provide for the necessary details, processes as well as allow for flawless execution of tasks by the bodies in order to safeguard the financial interests of the EU (the European Commission or by other persons mandated by the European Commission, which includes the European Anti-Fraud Office (OLAF), the European Court of Auditors and the European Public Prosecutor’s Office (EPPO)). Througout the implementation of the Programmes or activities covered by the Protocols to the Agreement, the principle remains intact: the financial interests of the EU are to be protected by means of proportionate measures, including measures relating to the prevention, detection, correction and investigation of irreguralities, including fraud, to the recovery of funds lost, wrongly paid or icorrectly used and, where appropriate, to the imposition of the administrative penalties.

In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the financial interests of the Union, grant the necessary rights and access to the Commission, OLAF, the Court of Auditors and ensure that any third parties involved in the implementation of Union funds grant equivalent rights. As expressly provided in Article 11(4) of the Agreement, reviews and audits may be carried out also after the suspension of application of a Protocol, cessation of application or termination of the Agreement.

The Agreement ensures the possibility for OLAF may carry out administrative investigations, including on-the-spot checks and inspections, on the territory of the Swiss Confederation of a Swiss entity that is party to a relevant funding agreement or a Swiss entity third party implementing the funding agreement under a contract, in accordance with, and to the extent provided in, the relevant funding agreement and other applicable contract. When exercising their duties in the territory of the Swiss Confederation, the European Commission and OLAF shall act in a manner compatible with Swiss law.

Reviews and audits may be carried out by the Union officials, in particular officials of the European Commission and the European Court of Auditors, or by other persons mandated by the European Commission. When exercising their duties in the territory of the Swiss Confederation, the European Commission or other persons mandated by the European Commission shall act in a manner compatible with Swiss law.

The Swiss authorities shall cooperate, in accordance with applicable international cooperation instruments with the authorities of the Union or of the Member States competent for the investigation and prosecution of criminal offences affecting the financial interests of the Union, including bringing to judgment alleged perpetrators and accomplices of the said criminal offences. Requests submitted to pursuant to applicable international cooperation instruments may include as applicable requests made in relation to investigations or prosecutions of the EPPO. This allows for a cooperation with the EPPO as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law.

Furthermore the Agreement provides for effective mechanism to ensure enforcement of Commission decisions on the territory of the Swiss Confederation.

5.OTHER REMARKS

The method for calculation of the financial contribution of the Swiss Confederation across Union programmes is defined in Article 7 on financial conditions suplemented by Articles 8 and 9 of the Agreement and Annex I on financial implementation provisions of the Agreement.

As regards EU4Health, the estimated distribution of the associated country contribution to the different budget lines of the programme is based on the relative share of each budget line on the budget of the programme in the EU budget (C1 appropriations, based on the Financial programming 2021-2027, including estimated top-up from fines – Article 5 of the Multiannual Financial Framework). An indicative amount of the associated country contribution will also serve to cover the decentralised administrative expenses (External personnel / Other management expenditure).

:   [(1)](#footnoteref1)
       Agreement on Air Transport, Agreement on the Carriage of Goods and Passengers by Rail and Road, Agreement on the Free Movement of Persons, Agreement on Mutual Recognition in Relation to Conformity Assessment, Agreement on Trade in Agricultural Products, all signed on 21 June 1999 (OJ L 114, 30.4.2002, p. 1).
:   [(2)](#footnoteref2)
       Framework Agreement for scientific and technical cooperation between the European Communities and the Swiss Confederation (OJ L 313, 22.11.1985, p. 6–8) and Council Decision of 9 February 1987 concerning the conclusion of the Framework Agreements for scientific and technical cooperation between the European Communities and the Kingdom of Sweden, the Swiss Confederation, the Republic of Finland, the Kingdom of Norway and the Republic of Austria (OJ L 71, 14.3.1987, p. 29–29).
:   [(3)](#footnoteref3)
       Council Decision of 4 December 2014 approving the conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 — the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community complementing Horizon 2020, and regulating the Swiss Confederation's participation in the ITER activities carried out by Fusion for Energy (OJ L 370, 30.12.2014, p. 19–20).
:   [(4)](#footnoteref4)
       Agreement between the European Economic Community and the Swiss Confederation establishing cooperation in the field of education and training within the framework of the Erasmus programme (OJ L 332, 03.12.1991, p. 52-60).
:   [(5)](#footnoteref5)
       Agreement on Air Transport, Agreement on the Carriage of Goods and Passengers by Rail and Road, Agreement on the Free Movement of Persons, Agreement on Mutual Recognition in Relation to Conformity Assessment, Agreement on Trade in Agricultural Products, all signed on 21 June 1999 (OJ L 114, 30.4.2002, p. 1).
:   [(6)](#footnoteref6)
       Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (recast) (OJ L, 2024/2509, 26.9.2024, p 1).
:   [(7)](#footnoteref7)
       Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination (OJ L 170, 12.5.2021, p. 1).
:   [(8)](#footnoteref8)
       Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013 (Text with EEA relevance) (OJ L 189, 28.5.2021, p. 1).
:   [(9)](#footnoteref9)
       Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (Text with EEA relevance) (OJ L 166, 11.5.2021, p. 1–34).
:   [(10)](#footnoteref10)
       Council Decision (EU, Euratom) 2024/995 of 12 March 2024 authorising the opening of negotiations with the Swiss Confederation on institutional provisions in agreements between the European Union and the Swiss Confederation related to the internal market, on an agreement on the Swiss Confederation’s participation in Union programmes and on an agreement that forms the basis for the Swiss Confederation’s permanent contribution to the Union’s cohesion (OJ L, 2024/995, 26.3.2024).
:   [(11)](#footnoteref11)
       The text of the Agreement is published in OJ, L […].
:   [(12)](#footnoteref12)
       The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union.
:   [(13)](#footnoteref13)
       The Protocol III on the participation of Switzerland in the EU4Health Programme stipulates that Switzerland can participate as an associated country in and contribute to specific parts of the EU4Health Programme established by Regulation (EU) 2021/522. The specific parts relate to crisis preparedness as covered by the Agreement between the European Union and the Swiss Confederation on Health.
:   [(14)](#footnoteref14)
       All figures for years 2026 and 2027 which are quoted in this section are indicative, and correspond to the latest estimates available.
:   [(15)](#footnoteref15)
       The amount is an estimation based on the formula or method defined under section 4.
:   [(16)](#footnoteref16)
       The total amount is slightly different from the total amount in the below table due to rounding of the annual amounts up to one decimal.
:   [(17)](#footnoteref17)
       Switzerland shall participate in the EU4Health Programme from 1 January of the year following the entry into force of the Agreement between the European Union and the Swiss Confederation on Health, for the remaining duration of the EU4Health Programme or until the end of the Multiannual Financial Framework 2021-2027, whichever is shorter.
:   [(18)](#footnoteref18)
       The amount is based on the Crisis Preparedness envelope programmed in the 2024 EU4Health Work Programme.

[Top](#document1)

![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 9.4.2025

COM(2025) 160 final

ANNEX

to the

Proposal for a Council Decision

on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the European Atomic Energy Community, of the on part, and the Swiss Confederation, of the other part, on the participation of the Swiss Confederation in Union programmes

AGREEMENT 
  
BETWEEN THE EUROPEAN UNION 
  
AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, 
  
AND THE SWISS CONFEDERATION, OF THE OTHER PART, 
  
ON THE PARTICIPATION OF THE SWISS CONFEDERATION 
  
IN UNION PROGRAMMES

The European Union and the European Atomic Energy Community (hereinafter jointly referred to as the "Union"),

   of the one part, and

the Swiss Confederation (hereinafter referred to as "Switzerland"),

   of the other part,

hereinafter jointly referred to as the "Contracting Parties",

REAFFIRMING the high priority they attach to the special relations between the Union, its Member States and Switzerland, based on their proximity, shared values and European identity;

  

BUILDING ON the common goals and strong links between the Contracting Parties stemming from the 1978 Cooperation Agreement between the European Atomic Energy Community and the Swiss Confederation in the field of controlled thermonuclear fusion and plasma physics
[1](#footnote1)
, the 1986 Framework Agreement for scientific and technical cooperation between the European Communities and the Swiss Confederation
[2](#footnote2)
, the 2007 Agreements in the form of an Exchange of Letters between the European Atomic Energy Community and the Swiss Confederation on the application of the ITER Agreement
[3](#footnote3)
, the Agreement on Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project
[4](#footnote4)
, and the Broader Approach Agreement
[5](#footnote5)
 to the territory of the Swiss Confederation and on Switzerland's membership in the European Joint Undertaking for ITER and the Development of Fusion Energy
[6](#footnote6)
, and the 2014 Agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 – the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community complementing Horizon 2020, and regulating the Swiss Confederation's participation in the ITER activities carried out by Fusion for Energy
[7](#footnote7)
;

  

WHEREAS the European Atomic Energy Community (Euratom) concluded the "ITER Agreement", the Agreement on the Privileges and Immunities of ITER and the Broader Approach Agreement;

CONSIDERING Council Decision 2007/198/Euratom
[8](#footnote8)
 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it;

RECOGNISING the common desire of the Contracting Parties to further develop, strengthen, stimulate and extend their relations and cooperation in ITER related activities, on the basis of equality, reciprocity and an overall balance of benefits, rights and obligations;

CONSIDERING the Union's efforts to lead the response by joining forces with its international partners to address global challenges in line with the United Nations' plan of action for people, planet and prosperity entitled "Transforming our World: the 2030 Agenda for Sustainable Development";

DESIRING the conclusion of a long-lasting agreement on the participation of Switzerland in Union programmes and providing the legal basis for such cooperation;

CONSIDERING the Contracting Parties' shared objective of consolidating and deepening their long-standing and successful cooperation, in particular in research and innovation, space, nuclear fusion and fission, and education, training, youth, sport and culture, as well as other areas of common interest, such as digital transformation and action in the field of health, enabling Switzerland's more systematic participation in Union programmes in the future;

  

RECOGNISING the general principles set out in Regulation (EU) 2021/695 of the European Parliament and of the Council
[9](#footnote9)
 establishing Horizon Europe ("Horizon Europe Programme") and in Council Regulation (Euratom) 2021/765 establishing the Research and Training Programme of the European Atomic Energy Community for the period 2021-2025, complementing Horizon Europe
[10](#footnote10)
 ("Euratom Programme");

ACKNOWLEDGING the objectives of the renewed European research area – namely to build a common scientific and technological area, create a single market for research and innovation, foster and facilitate cooperation between organisations in the field of research and innovation, including universities, and the exchange of good practice and attractive research careers, facilitate the cross-border and intersectoral mobility of researchers, foster the free movement of scientific knowledge and innovation, promote respect for academic freedom and freedom of scientific research, support science education and communication activities, and encourage the competitiveness and attractiveness of participating economies – and that countries associated with the Union framework programmes for research and innovation are key potential partners in this endeavour;

EMPHASISING the role of European Partnerships, which address some of Europe's most pressing challenges through concerted research and innovation initiatives contributing significantly to the Union's priorities in the area of research and innovation that require critical mass and long-term vision, and the importance of associated countries' involvement in such European Partnerships;

  

SEEKING to establish mutually advantageous conditions in order to create decent jobs, to strengthen and support innovation ecosystems of the Contracting Parties by helping companies to innovate and scale up in the markets of the Contracting Parties and facilitating the uptake as well as the deployment and accessibility of innovation, including capacity-building activities;

RECOGNISING that reciprocal participation in each other's programmes should provide mutual benefits, and that each Contracting Party will make best efforts to open its programmes to the other Contracting Party, taking into account their nature and acknowledging that the Contracting Parties reserve their right to limit or to set conditions for participation in those programmes, in particular for reasons of security, including for actions related to their strategic assets or interests;

REFERRING to the possibility of differences between the orientations of Union programmes and Swiss programmes and measures;

WHEREAS the general objectives of the Euratom Programme are to pursue nuclear research and training activities, with an emphasis on the continuous improvement of nuclear safety, security and radiation protection, as well as to complement the achievement of the Horizon Europe Programme's objectives, inter alia in the context of the energy transition, and to foster the development of fusion energy;

WHEREAS the ITER Agreement, pursuant to Article 21 thereof, applies to Switzerland, participating in the Euratom fusion programme as a fully associated third State;

WHEREAS Euratom is a member of the European Joint Undertaking for ITER and the Development of Fusion Energy and, pursuant to Article 2 of Council Decision 2007/198/Euratom, Switzerland will be a member of that Joint Undertaking as a third State after associating its research programme with the Euratom programme;

  

WHEREAS the Broader Approach Agreement, pursuant to Article 26 thereof, applies to Switzerland, participating in the Euratom fusion programme as a fully associated third State;

RECOGNISING the benefits brought by Switzerland's participation in components of the European Union Space Programme that are open to the participation of third countries;

EMPHASISING the need to safeguard, develop and promote European cultural and linguistic diversity and to increase the competitiveness and the economic potential of the cultural and creative sectors, in particular the audiovisual sector;

RECOGNISING that the objectives and the general principles of the Union programmes in the culture and audiovisual sectors are essential from a cultural, democratic, environmental, social and economic point of view and are particularly relevant for our societies and cultural sectors facing current challenges linked to globalisation, climate change and digitisation;

ACKNOWLEDGING that those principles, which are also reflected in the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, are pursued by Switzerland, which faces similar challenges and shares the same principles, such as democracy, the rule of law, respect for human rights, including equality between all people, gender balance and freedom of expression and artistic freedom;

RECOGNISING the general principles set out in Regulation (EU) 2021/694 of the European Parliament and of the Council
[11](#footnote11)
 establishing the Digital Europe Programme;

  

EMPHASISING that the digital transformation of our economy and society offers immense opportunities for growth and jobs, can contribute to the green transition and our global competitiveness, and can enhance creative and cultural diversity;

ACKNOWLEDGING that such transformative developments require working with the Union's international partners in utmost transparency and on the basis of common goals and values, while ensuring respect for the security interests of both Contracting Parties;

SEEKING to establish mutually advantageous cooperation in order to strengthen and support the deployment of trustworthy and secure digital capacities of the Contracting Parties, such as in high‑performance computing, artificial intelligence, cloud-edge computing and data spaces, advanced digital skills, and the deployment and best use of digital capacities and interoperability, and to facilitate the uptake as well as deployment and accessibility of digital solutions with the Contracting Parties;

EMPHASISING the importance of supporting, through lifelong learning, the educational, professional and personal development of people in education, training, youth and sport, in Europe and beyond, thereby contributing to sustainable growth, quality jobs and social cohesion, to driving innovation, and to strengthening European identity and active citizenship;

CONSIDERING the common goals, values and strong links of the Contracting Parties in the field of education, training, youth and sport, and RECOGNISING the common desire of the Contracting Parties to further develop, strengthen, stimulate and extend their relations and cooperation therein;

  

RECOGNISING the general principles set out in Regulation (EU) 2021/522 of the European Parliament and of the Council
[12](#footnote12)
 establishing a Programme for the Union's action in the field of health ("EU4Health Programme"), in particular in relation to relevant specific parts of the EU4Health Programme, as covered by the Agreement between the European Union and the Swiss Confederation on Health (the "Agreement on Health");

SHARING the general objectives of the EU4Health Programme to protect people in the Union from serious cross-border threats to health; CONSIDERING the common goals, values and strong links of the Contracting Parties in the field of health; and RECOGNISING the common desire of the Contracting Parties to develop, strengthen, stimulate and extend their relations and cooperation therein;

AIMING to increase the breadth of their cooperation, with the start of the provisional application of this Agreement at the earliest possible date;

SEEKING to ensure that all entities entrusted with the implementation of projects or actions in respect of which legal commitments have been entered into under the conditions of this Agreement can complete those projects or actions even in the event of the cessation of provisional application or termination;

  

CONSIDERING that the close relationship between Switzerland and the Union is of benefit to the Contracting Parties;

SEEKING to establish a lasting framework for cooperation between the Contracting Parties with clear conditions for the participation of Switzerland in Union programmes and activities as well as a mechanism facilitating the establishment of such participation in individual Union programmes or activities;

HAVE AGREED AS FOLLOWS:

ARTICLE 1

Subject matter

This Agreement establishes the rules applicable to the participation of Switzerland in any Union programme or activity, or parts thereof, which is open to its participation and is listed in a protocol to this Agreement.

  

ARTICLE 2

Definitions

For the purposes of this Agreement, the following definitions apply:

(a)
   "basic act" means:

(i)
   a legal act of one or more Union institutions, other than a recommendation or an opinion, establishing a programme and providing a legal basis for an action and for the implementation of the corresponding expenditure entered in the Union budget or of the budgetary guarantee or financial assistance backed by the Union budget, including any amendment and any relevant acts of a Union institution which supplement or implement that act, except those adopting work programmes, or

(ii)
   a legal act of one or more Union institutions, other than a recommendation or an opinion, establishing an activity financed from the Union budget other than programmes, including any amendment and any relevant acts of a Union institution which supplement or implement that act, except those adopting work programmes;

(b)
   "funding agreement" means any agreement relating to a Union programme or activity, as identified in the protocols to this Agreement, in which Switzerland participates and which implement Union funds, such as grant agreements, contribution agreements, financial framework partnership agreements, financing agreements and guarantee agreements;

  

(c)
   "other rules pertaining to the implementation of the Union programme or activity" means rules laid down in Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council
[13](#footnote13)
 (the "Financial Regulation") that apply to the general budget of the Union, and in the work programme or in the calls or other Union award procedures;

(d)
   "Union" means the Union or the European Atomic Energy Community, or both;

(e)
   "Union award procedure" means a procedure for award of Union funding launched by the Union or by persons or entities entrusted with the implementation of Union funds;

(f)
   "Swiss entity" means any type of entity, whether a natural person, legal person or another type of entity, which may participate in activities of a Union programme or activity in accordance with the basic act and who resides in Switzerland or which is established in Switzerland under Swiss law.

 ARTICLE 3

 Establishment of participation

 

1.
   Switzerland shall participate in and contribute to the Union programmes or activities, or parts thereof, which are opened to the participation of Switzerland in accordance with the basic acts referred to and covered by the protocols to this Agreement.

2.
   For each new multiannual financial framework ("MFF"), after the basic acts establishing the Union programmes have entered into force and provided that those Union programmes are open to the participation of third countries including Switzerland, the Joint Committee established by this Agreement (the "Joint Committee") shall discuss the seamless continuity of the cooperation established by this Agreement before the submission of a letter expressing Switzerland's intention to participate in a Union programme.

3.
   The specific terms and conditions for the participation of Switzerland in any particular Union programme or activity, or parts thereof, shall be laid down in the protocols to this Agreement. The protocols to this Agreement may be amended by the Joint Committee.

4.
   The protocols to this Agreement shall:

(a)
   identify the Union programmes and activities, or parts thereof, in which Switzerland shall participate;

(b)
   lay down the duration of participation, namely the period of time during which Switzerland and Swiss entities may apply for Union funding or may be entrusted with the implementation of Union funding;

(c)
   lay down specific conditions for the participation of Switzerland and Swiss entities, including specific modalities for the implementation of the financial conditions as set out in Articles 7 and 8 of this Agreement, specific modalities for the correction mechanism as set out in Article 9 of this Agreement, and conditions for participation in structures created for the purpose of implementing those Union programmes or activities; those conditions shall comply with this Agreement and the basic acts and acts of one or more Union institutions establishing such structures;

  

(d)
   where applicable, lay down the amount of Switzerland's financial contribution to a Union programme implemented through a financial instrument or a budgetary guarantee, subject to any specific modalities referred to in Article 10 of this Agreement.

ARTICLE 4

Compliance with the rules of Union programmes or activities, or parts thereof

1.
   Switzerland shall participate in the Union programmes or activities, or parts thereof, covered by the protocols to this Agreement under the terms and conditions established in this Agreement, those protocols, in the basic acts, and other rules pertaining to the implementation of those Union programmes or activities, or parts thereof.

2.
   The terms and conditions referred to in paragraph 1 shall include:

(a)
   the eligibility of Swiss entities and any other eligibility conditions related to Switzerland, in particular to the origin, place of activity or nationality;

(b)
   the terms and conditions applicable to the submission, assessment and selection of applications and to the implementation of the actions by eligible Swiss entities.

3.
   The terms and conditions referred to in paragraph 2, point (b), shall be equivalent to those applicable to eligible Member States entities, including respect for the Union's restrictive measures, adopted pursuant to the Treaty on European Union or to the Treaty on the Functioning of the European Union ("TFEU"), unless otherwise provided for in the terms and conditions referred to in paragraph 1.

  

ARTICLE 5

Conditions for participation in Union programmes or activities, or parts thereof, 
  
relating to the mobility of persons and the movement of goods and services 
  
in the framework of the implementation 
  
of the Union programmes or activities, or parts thereof

1.
   Without prejudice to more favourable provisions in 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
[14](#footnote14)
 (the "Agreement on Free Movement of Persons") or in Swiss national law, the participation of Switzerland in Union programmes or activities, or parts thereof, as referred to in Article 3 of this Agreement, which require the mobility of persons between the Union and Switzerland, or within Switzerland, for the implementation of such Union programmes shall be conditional upon Switzerland ensuring that:

(a)
   there is no discrimination on the basis of nationality in relation to mobility of persons for the implementation of the Union programmes;

(b)
   the conditions for persons for moving to Switzerland and within Switzerland in the framework of the implementation of the Union programmes do not entail unjustified administrative or financial burdens; and

(c)
   the conditions for persons for accessing services in Switzerland that are directly related to the implementation of the Union programmes are the same as for Swiss nationals; this concerns, in particular, any fees related to participation in an activity financed by a Union programme, and is without prejudice to any more favourable rules on fees that may apply in the context of the Erasmus+ Programme.

  

2.
   Without prejudice to more favourable provisions in the Agreement on Free Movement of Persons or in Union law, as regards participation implying mobility of persons between Switzerland and the Union, or within the Union, for the implementation of the Union programmes, the Union shall ensure that:

(a)
   the conditions for persons for moving to the Union and within the Union in the framework of the implementation of the Union programmes do not entail unjustified administrative or financial burdens; and

(b)
   the conditions for persons for accessing services in the Union that are directly related to the implementation of the Union programmes are the same as for Union citizens; this concerns, in particular, any fees related to participation in an activity financed by a Union programme, and is without prejudice to any more favourable rules on fees that may apply in the context of the Erasmus+ programme.

3.
   The Contracting Parties shall make every effort to facilitate the cross-border movement of goods and services intended for use in the activities covered by this Agreement, within the framework of existing provisions.

4.
   The protocols to this Agreement may lay down further specific terms and conditions referring to this Article which are necessary for the participation of Switzerland in Union programmes or activities, or parts thereof.

  

ARTICLE 6

Participation of Switzerland in the governance of programmes or activities

1.
   Representatives or experts of Switzerland or experts designated by Switzerland shall be allowed to take part as observers, unless it concerns points reserved only for Member States or in relation to a Union programme or activity, or part thereof, in which Switzerland is not participating, in the committees, expert groups meetings or other similar meetings where representatives or experts of the Member States, or experts designated by Member States take part, and which assist the European Commission in the implementation and management of the Union programmes or activities, or parts thereof, in which Switzerland participates in accordance with Article 3 of this Agreement or are established by the European Commission in respect of the implementation of the Union law in relation to those Union programmes or activities, or parts thereof. The representatives or experts of Switzerland, or experts designated by Switzerland shall not be present at the time of voting. Switzerland shall be informed of the result of the vote.

2.
   Where experts or evaluators are not appointed on the basis of nationality, nationality shall not be a reason to exclude Switzerland's experts or evaluators.

3.
   Subject to the conditions set out in paragraph 1, the participation of the Switzerland representatives in the meetings referred to in that paragraph, or in other meetings related to the implementation of Union programmes or activities, shall be governed by the same rules and procedures as those applicable to representatives of the Member States, concerning speaking rights, receipt of information and documentation unless it concerns points reserved only for Member States or in relation to a Union programme or activity, or part thereof, in which Switzerland is not participating, and the reimbursement of travel and subsistence costs.

  

4.
   The protocols to this Agreement may define further terms and conditions for the participation of experts, as well as the participation of Switzerland in governing boards and structures created for the purpose of implementing Union programmes or activities defined in the respective protocols to this Agreement.

ARTICLE 7

Financial conditions

1.
   The participation of Switzerland or Swiss entities in Union programmes or activities, or parts thereof, shall be subject to Switzerland contributing financially to the corresponding funding under the Union budget.

2.
   The financial contribution shall take the form of the sum of:

(a)
   an operational contribution; and

(b)
   a participation fee.

3.
   The financial contribution shall take the form of an annual payment made in one or more instalments.

4.
   Without prejudice to paragraph 8 of this Article, the participation fee shall be 4 % of the annual operational contribution and shall not be subject to retrospective adjustments except in relation to suspension under Article 19. In case of suspension under Article 19, the participation fee shall be adjusted in line with the adjustment of the operational contribution. As of 2028 the level of the participation fee may be adjusted by the Joint Committee.

  

5.
   The operational contribution shall cover operational and support expenditure and be additional both in commitment and payment appropriations to the amounts entered in the Union budget definitively adopted for Union programmes or activities, or parts thereof, increased, where appropriate, by external assigned revenue that does not result from financial contributions to Union programmes and activities from other donors, as defined in a protocol to this Agreement.

6.
   The operational contribution shall be based on a contribution key defined as the ratio of the Gross Domestic Product (GDP) of Switzerland at market prices to the GDP of the Union at market prices. For that purpose, the figures for GDP at market prices of the Contracting Parties shall be the latest such figures available as of 1 January of the year in which the annual payment is made as provided by the Statistical Office of the European Union (EUROSTAT), with due regard to the Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics, done at Luxembourg on 26 October 2004. If that agreement ceases to apply, the GDP of Switzerland shall be the one established on the basis of data provided by the Organisation for Economic Co-operation and Development.

7.
   The operational contribution shall be based on the application of the contribution key to the initial commitment appropriations increased as described in paragraph 5 entered in the Union budget definitively adopted for the applicable year for financing the Union programmes or activities, or parts thereof, in which Switzerland participates.

8.
   The participation fee referred to in paragraph 2 shall have the following values in the years 2025 to 2027:

–
   2025: 2.5 %;

  

–
   2026: 3 %;

–
   2027: 4 %.

9.
   Upon request, the European Commission shall provide Switzerland with information in relation to its financial participation as included in the budgetary, accounting, performance and evaluation related information provided to the Union budgetary and discharge authorities concerning the Union programmes and activities, or parts thereof, in which Switzerland participates. That information shall be provided having due regard to the Union's and Switzerland's confidentiality and data protection rules and is without prejudice to the information which Switzerland is entitled to receive under Article 12.

10.
   All financial contributions of Switzerland or payments from the Union, and the calculation of amounts due or to be received, shall be made in euro.

11.
   Detailed provisions for the implementation of this Article are set out in the respective protocols to this Agreement as well as in the Annex to this Agreement on Financial Implementation Provisions.

ARTICLE 8

Programmes and activities to which an 
  
adjustment mechanism of the operational contribution applies

1.
   If so provided in a protocol to this Agreement, the operational contribution of a Union programme or activity, or part thereof, for year N may be adjusted upwards and downwards retrospectively in one or more subsequent years on the basis of the budgetary commitments made on the commitment appropriations of that year, their implementation through legal commitments and their decommitment.

  

2.
   The first adjustment shall be made in year N+1 when the operational contribution shall be adjusted by the difference between the contribution and an adjusted contribution calculated by applying the contribution key of year N, adjusted via the application of a coefficient if the protocol concerned so provides, to the sum of:

(a)
   the amount of budgetary commitments made on commitment appropriations authorised in year N under the Union budget and on commitment appropriations corresponding to decommitments made available again; and

(b)
   any external assigned revenue appropriations that do not result from financial contributions to Union programmes and activities from other donors covered in the protocols to this Agreement and that were available at the end of year N.

3.
   Each subsequent year, until all the budgetary commitments financed under commitment appropriations originating from year N have been paid or decommitted and at the latest 3 years after the end of the Union programme or after the end of the MFF corresponding to year N, whichever is earlier, the Union shall calculate an adjustment of the contribution of year N by reducing Switzerland's contribution by the amount obtained by applying the contribution key, adjusted if the protocol concerned so provides, of year N to the decommitments made each year on commitments of year N financed under the Union budget or from decommitments made available again.

4.
   If external assigned revenue appropriations that do not result from financial contributions to Union programmes and activities from other donors covered by the protocols to this Agreement are cancelled, the contribution of Switzerland to the Union programme or activity concerned, or parts thereof shall be reduced by the amount obtained by applying the contribution key, adjusted if the protocol concerned so provides, of year N to the amount cancelled.

  

5.
   In year N+2 or in subsequent years, after having made the adjustments referred to in paragraphs 2, 3 and 4, the contribution of Switzerland for year N shall also be reduced by an amount obtained by multiplying the contribution of Switzerland for year N and the ratio of:

(a)
   the legal commitments of year N, funded under any commitment appropriations available in year N, and resulting from competitive award procedures,

(i)
   from which Switzerland and Swiss entities have been excluded;

(ii)
   for which the deadline for submission of applications has expired during the suspension referred to in Article 19, or after termination referred to in Article 20 has taken effect; and

(b)
   the total amount of legal commitments funded under any commitment appropriations of year N.

6.
   The amount of legal commitments, as described in paragraph 5, shall be calculated by taking all budgetary commitments made in year N and deducting the decommitments that have been made on those commitments in year N+1.

  

ARTICLE 9

Union programmes and activities, or parts thereof, 
  
to which an automatic correction mechanism applies

1.
   An automatic correction mechanism shall apply in relation to a Union programme or activity, or part thereof, for which the application of an automatic correction mechanism is provided for in the basic act establishing that Union programme or activity and in the relevant protocol to this Agreement. The application of that automatic correction mechanism may be limited to parts of the Union programme or activity specified in the relevant protocol to this Agreement which are implemented through grants for which competitive calls are organised. Detailed rules on the identification of the parts of the Union programme or activity to which the automatic correction mechanism does or does not apply may be established in that protocol.

2.
   The amount of the automatic correction for a Union programme or activity, or part thereof, shall be the difference between the initial amounts of the legal commitments actually entered into with Switzerland or the Swiss entities financed from commitment appropriations of the year in question and the corresponding operational contribution paid by Switzerland as adjusted pursuant to Article 8 of this Agreement if the relevant protocol to this Agreement provides for such adjustment, excluding support expenditure, covering the same period.

3.
   Any amount referred to in paragraph 2 of this Article which for each of two consecutive years exceeds 8 % of the corresponding operational contribution of Switzerland to the Union programme as adjusted pursuant to Article 8 shall be due by Switzerland as an additional contribution under the automatic correction mechanism for each of those two years.

4.
   Detailed rules on the establishment of the relevant amounts of the legal commitments referred to in paragraph 2 of this Article, including in the case of consortia, and on the calculation of the automatic correction may be laid down in the Annex to this Agreement on Financial Implementation Provisions.

ARTICLE 10

Financing in relation to Union programmes 
  
implemented through financial instruments or budgetary guarantees

1.
   Where, in accordance with Article 3, Switzerland participates in a Union programme or activity, or part thereof, that is implemented through financial instruments or budgetary guarantees under the Financial Regulation, Switzerland shall provide a contribution to those financial instruments or budgetary guarantees in accordance with the Financial Regulation and the basic act establishing the Union programme or activity.

The amount contributed shall increase the Union budgetary guarantee or the financial envelope of the financial instrument.

2.
   Where appropriate, modalities for the implementation of this Article may be specified further in the relevant protocol.

  

ARTICLE 11

Reviews and audits

1.
   The Union shall have the right to conduct, in accordance with the applicable acts of one or more Union institutions or bodies and as provided in relevant agreements and contracts, technical, scientific, financial, or other types of reviews and audits on the premises of any natural person residing in or any legal entity established in Switzerland and receiving Union funding, as well as any third party involved in the implementation of Union funds residing or established in Switzerland. Such reviews and audits may be carried out by the agents of the Union institutions and bodies, in particular of the European Commission and the European Court of Auditors, or by other persons mandated by the European Commission. When exercising their duties in the territory of Switzerland, the agents and investigative bodies of the Union shall act in a manner consistent with Swiss law.

2.
   The agents of the Union institutions and bodies, in particular of the European Commission and the European Court of Auditors, and the other persons mandated by the European Commission, shall have appropriate access to sites, works and documents, in both electronic and paper versions, and to all the information required in order to carry out such audits, including the right of obtaining a physical or electronic copy of, or extracts from, any document or the contents of any data medium held by the audited natural or legal person, or by the audited third party.

3.
   Switzerland shall not prevent or raise any particular obstacle to the right of entrance into Switzerland or to the access to the premises of the agents or other persons referred to in paragraph 2 on the grounds of the exercise of their duties referred to in this Article.

  

4.
   The reviews and audits referred to in paragraph 1 of this Article may be carried out after the suspension of the application of a protocol to this Agreement pursuant to Article 19, the cessation of the provisional application or termination of this Agreement, on the terms laid down in the applicable acts of one or more Union institutions or bodies or as provided for in relevant agreements and contracts in relation to any legal commitment implementing the Union budget entered into by the Union before the date on which the suspension of the application of the relevant protocol, or the cessation of the provisional application or termination of this Agreement, takes effect.

ARTICLE 12

Fight against irregularities, fraud and other criminal offences 
  
affecting the financial interests of the Union

1.
   The European Commission and the European Anti-Fraud Office (OLAF) shall be authorised to carry out administrative investigations in relation to the implementation of this Agreement and its protocols, including on-the-spot checks and inspections, on the territory of Switzerland. Those investigations shall be carried out in accordance with the terms and conditions established by applicable acts of one or more Union institutions. When exercising their duties in the territory of Switzerland, the agents and investigative bodies of the Union shall act in a manner consistent with Swiss law.

2.
   The competent Swiss authorities shall inform the European Commission or OLAF within a reasonable time of any fact or suspicion which has come to their notice relating to an irregularity, fraud or other illegal activity affecting the financial interests of the Union, in connection with the implementation of this Agreement and its protocols.

  

3.
   On-the-spot checks and inspections may be carried out on the premises of any natural person residing in or legal entity established in Switzerland and receiving Union funds, as well as of any third party involved in the implementation of Union funds residing or established in Switzerland.

4.
   On-the-spot checks and inspections shall be prepared and conducted by the European Commission or OLAF in close collaboration with the competent Swiss audit authority which shall be notified a reasonable time in advance of the object, purpose and legal basis of the checks and inspections, so that the competent Swiss authorities can provide assistance. To that end, the officials of the competent Swiss authorities may participate in the on-the-spot checks and inspections.

5.
   Upon request by the Swiss authorities, the on-the-spot checks and inspections may be carried out jointly with the European Commission or OLAF.

6.
   European Commission agents and OLAF staff shall have access to all the information and documentation, including computer data, on the operations concerned which are required for the proper conduct of the on-the-spot checks and inspections. They may, in particular, copy relevant documents.

7.
   Where the person, entity or another third party resists an on-the-spot check or inspection, the Swiss authorities, acting in accordance with national rules and regulations, shall assist the European Commission or OLAF, to allow them to fulfil their duty in carrying out an on-the-spot check or inspection. That assistance shall include taking the appropriate precautionary measures under national law, in particular in order to safeguard evidence.

8.
   The European Commission or OLAF shall inform the Swiss authorities of the results of such checks and inspections. In particular, the European Commission or OLAF shall report as soon as possible to the competent Swiss audit authority any fact or suspicion relating to an irregularity which has come to their notice in the course of the on-the-spot check or inspection.

  

9.
   Without prejudice to the application of Switzerland's criminal law, the European Commission may impose administrative measures and penalties on any Swiss entity participating in the implementation of a Union programme or activity in accordance with Union law.

10.
   For the purposes of the proper implementation of this Article, the European Commission or OLAF and the competent Swiss authorities shall regularly exchange information and, at the request of one of the Contracting Parties to this Agreement, consult each other.

11.
   In order to facilitate effective cooperation and exchange of information with OLAF, Switzerland shall designate a contact point.

12.
   Information exchanged between the European Commission or OLAF and the competent Swiss authorities shall take place having due regard to the confidentiality requirements. Personal data included in the exchange of information shall be protected in accordance with applicable rules.

13.
   The competent Swiss authorities shall also inform the European Public Prosecutor's Office (EPPO) about any fact or suspicion which has come to their notice relating to an irregularity, fraud or other illegal activity affecting the financial interests of the Union when those facts or suspicions concern a case that may fall within the competence of EPPO. In cases where there are investigations or judicial proceedings by the EPPO, or Switzerland concerning criminal offences affecting their respective financial interests within the scope of this Agreement, Switzerland and the Union shall ensure effective mutual assistance, in accordance with the applicable legal framework, with a view to allowing their competent authorities to fulfil their duty to investigate, prosecute and bring to judgment before their courts the perpetrators of, and accomplices to, such criminal offences.

  

ARTICLE 13

Amendments to Articles 11 and 12

The Joint Committee may amend Articles 11 and 12 to take account of changes made in acts of one or more Union institutions.

ARTICLE 14

Recovery and enforcement

1.
   A decision adopted by the European Commission imposing a pecuniary obligation on legal or natural persons other than States in relation to any claim stemming from Union programmes, activities, projects or actions shall be enforceable in Switzerland. The order for its enforcement shall be appended to such decision, without any formality other than a verification of the authenticity of that decision by the national authority designated for this purpose by the Government of Switzerland. Enforcement shall take place in accordance with Swiss law and rules of procedure. Enforceable decisions of the European Commission shall be considered enforceable titles in the sense of the Federal Act on Debt Enforcement and Bankruptcy (DEBA), and not subject to review on the merits before Swiss courts. The Government of Switzerland shall make known its designated national authority for the purposes of this Article to the European Commission and to the Court of Justice of the European Union. In accordance with Article 15, the European Commission shall be entitled to notify enforceable decisions directly to persons residing and legal entities established in Switzerland.

  

2.
   Judgments and orders of the Court of Justice of the European Union delivered in application of an arbitration clause contained in a contract or agreement in relation to Union programmes, activities, projects or actions shall be enforceable in Switzerland in the same manner as the decisions of the European Commission referred to in paragraph 1.

3.
   The Court of Justice of the European Union shall have jurisdiction to review the legality of the decisions of the European Commission referred to in paragraph 1 and to suspend their enforcement. However, Swiss courts shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.

ARTICLE 15

Communication and exchange of information

The Union institutions and bodies involved in the implementation of Union programmes or activities, or in control of such programmes or activities, shall be entitled to communicate directly, including through electronic exchange systems, with any natural person residing in Switzerland or legal entity established in Switzerland receiving Union funding, as well as with any third party involved in the implementation of Union funding that resides or is established in Switzerland. Such persons, entities and third parties may submit directly to the Union institutions and bodies all relevant information and documentation which they are required to submit on the basis of the Union legislation applicable to the Union programme or activity and on the basis of any contract or funding agreement concluded to implement that programme or activity.

  

ARTICLE 16

Joint Committee on participation in Union programmes

1.
   A Joint Committee on participation in Union programmes is hereby established. The Joint Committee shall:

(a)
   ensure the proper functioning and effective implementation of this Agreement and its protocols, including assessing, evaluating and reviewing their implementation, and in particular:

(i)
   the participation and performance of Swiss entities in Union programmes and activities, or parts thereof;

(ii)
   where relevant, the level of mutual openness to the legal entities established in each Contracting Party to participate in the programmes, projects, actions or activities, or parts thereof, of the other Contracting Party;

(iii)
   the implementation of the financial contribution mechanism referred to in Article 7 and where relevant the automatic correction mechanism applicable to Union programmes or activities covered by the protocols to this Agreement in accordance with Article 9;

(iv)
   information exchange and, where relevant, examining any possible questions on the exploitation of results, including intellectual property rights;

(v)
   discussing upon request of either Contracting Party restrictions applied or planned by the Contracting Parties on access to their respective research and innovation programmes, including in particular for actions related to their strategic assets, interests, autonomy or security;

(vi)
   examining how to improve and develop cooperation;

(vii)
   discussing jointly the future orientations and priorities of policies related to Union programmes or activities covered by the protocols to this Agreement;

(viii)
   exchanging information, inter alia, on new legislation, decisions or national programmes that are relevant for the implementation of this Agreement and its protocols;

(ix)
   adopting protocols to this Agreement on specific terms and conditions of participation of Switzerland in Union programmes or activities, or parts thereof, or amending such protocols as needed, by way of a decision;

(x)
   amending Articles 11 and 12 of this Agreement to take account of changes made in acts of one or more Union institutions, by way of a decision;

(b)
   ensure, in cooperation with the Joint Committee established by the Agreement on Health (the "Joint Committee on Health"), the proper functioning and the effective implementation of this Agreement as regards the participation of Switzerland in programmes for the Union's action in the field of health
[15](#footnote15)
, only for matters covered in this Agreement; and in particular,

(i)
   adopt or amend the relevant protocol, in consultation with the Joint Committee on Health;

  

(ii)
   inform the Joint Committee on Health when the agenda of its meetings include matters related to a programme for the Union's action in the field of health.

2.
   Decisions of the Joint Committee shall be taken by consensus. Decisions shall be binding on the Contracting Parties.

3.
   The Joint Committee shall be composed of representatives of the Contracting Parties.

4.
   The Joint Committee may decide to set up any working party or advisory body on an ad hoc basis at expert level that can assist in carrying out the implementation of this Agreement.

5.
   The Joint Committee shall be co-chaired by a representative of each of the Contracting Parties.

6.
   The Joint Committee shall work on an ongoing basis through an exchange of relevant information by any means of communication, in particular in relation to the participation and performance of Swiss entities. The Joint Committee may in particular conduct its tasks in writing whenever the need arises.

7.
   The Joint Committee shall meet at least once a year, in Brussels and Bern alternatively, unless the co-chairs decide otherwise. It shall also meet at the request of either Contracting Party. The co‑chairs may agree that a meeting of the Joint Committee be held by videoconference or teleconference.

8.
   The Joint Committee shall adopt its rules of procedure at its first meeting.

  

ARTICLE 17

Entry into force

1.
   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their own procedures. The Contracting Parties shall notify each other of the completion of the internal procedures necessary to the entry into force of this Agreement.

2.
   This Agreement shall enter into force on the first day of the second month following the last notification regarding the following instruments:

(a)
   Institutional Protocol to 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;

(b)
   Amending Protocol to 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;

(c)
   Institutional Protocol to the Agreement between the European Community and the Swiss Confederation on air transport;

(d)
   Amending Protocol to the Agreement between the European Community and the Swiss Confederation on air transport;

(e)
   State Aid Protocol to the Agreement between the European Community and the Swiss Confederation on air transport;

(f)
   Institutional Protocol to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road;

  

(g)
   Amending Protocol to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road;

(h)
   State Aid Protocol to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road;

(i)
   Amending Protocol to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products;

(j)
   Institutional Protocol to the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment;

(k)
   Amending Protocol to the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment;

(l)
   Agreement between the European Union and the Swiss Confederation on Switzerland's regular financial contribution towards reducing economic and social disparities in the European Union;

(m)
   Agreement between the European Union and the Swiss Confederation on the terms and conditions for the participation of the Swiss Confederation in the European Union Agency for the Space Programme.

  

ARTICLE 18

Provisional application

1.
   The Contracting Parties shall apply this Agreement provisionally, in accordance with their respective internal procedures and legislation, as from 1 January 2025. If the date of signature of this Agreement is after 15 November 2025, the Contracting Parties shall apply this Agreement provisionally, in accordance with their respective internal procedures and legislation, as from 1 January 2026.

2.
   Provisional application of this Agreement shall cease at the latest on 31 December 2028 if Switzerland has not completed its internal procedures necessary for the entry into force of the instruments mentioned in Article 17 by that date.

3.
   Where the provisional application of this Agreement ceases to apply in accordance with paragraph 2 of this Article, the Contracting Parties agree that the Swiss operational contribution as referred to in Article 7 shall be due without the adjustment provided for in Article 8 or the correction provided for in Article 9.

4.
   The Contracting Parties agree that projects or actions in respect of which legal commitments have been entered into after the provisional application of this Agreement, and before it ceases to apply provisionally, shall continue until their completions under the conditions it lays down.

ARTICLE 19

Suspension

1.
   The application of a protocol to this Agreement may be suspended by the Union in relation to a Union programme or activity, or part thereof:

(a)
   if Switzerland fails to fulfil its obligations under Article 5(1), and such failure has a significant impact on the implementation of that programme or activity, or part thereof;

(b)
   in the case of partial or full non-payment of the financial contribution due by Switzerland under that programme or activity.

In the case of non-payment which may significantly jeopardise the implementation and management of a Union programme or activity, the European Commission shall send a formal letter of reminder. Where no payment is made within 20 working days after the receipt of that formal letter of reminder, suspension of the application of the relevant protocol to this Agreement shall be notified by the European Commission to Switzerland by a formal letter of notification which shall take effect 15 days following the receipt of that notification by Switzerland;

(c)
   in the cases provided for in Article 16 of the Agreement on Health as regards the participation of Switzerland in a programme for the Union's action in the field of Health.

2.
   In the event that the application of a protocol to this Agreement is suspended, Swiss entities shall not be eligible to participate in award procedures that are not yet completed when the suspension takes effect. An award procedure shall be considered completed when legal commitments have been entered into as a result of that procedure.

  

3.
   The suspension does not affect the legal commitments entered into with Swiss entities under the Union programme or activity concerned before the suspension took effect. The relevant protocol to this Agreement shall continue to apply to such legal commitments.

4.
   The Union shall immediately notify Switzerland once the entire amount of the financial contribution due has been received by the Union. The suspension shall be lifted with an immediate effect upon this notification.

5.
   As of the date on which the suspension is lifted, Swiss entities shall again be eligible in award procedures launched under the Union programme or activity concerned after this date and in award procedures launched before this date, for which the deadlines for submission of applications has not expired.

6.
   If, after six months from the start of a suspension in accordance with paragraph 1, the circumstances that caused the suspension persist, the Union may unilaterally terminate the suspended protocol in relation to the Union programme or activity, or part thereof, concerned.

ARTICLE 20

Termination

1.
   A Contracting Party may terminate this Agreement by notifying the other Contracting Party.

2.
   This Agreement shall cease to be in force six months after receipt of the written notification referred to in paragraph 1.

  

3.
   Where this Agreement is terminated in accordance with this Article, the Contracting Parties agree that:

(a)
   projects or actions in respect of which legal commitments have been entered into after the entry into force of this Agreement, and before it is terminated, shall continue until their completion under the conditions laid down in this Agreement;

(b)
   the annual financial contribution to a Union programme or activity of the year N during which this Agreement is terminated shall be paid entirely in accordance with Article 7 of this Agreement and any relevant rules in the protocol concerned. Where the adjustment mechanism applies, the operational contribution to the relevant programme or activity of the year N shall be adjusted in accordance with Article 8 of this Agreement. For Union programmes or activities where both the adjustment mechanism and the automatic correction mechanism apply, the relevant operational contribution of the year N shall be adjusted in accordance with Article 8 of this Agreement and corrected in accordance with its Article 9. For Union programmes or activities, where only the correction mechanism applies, the relevant operational contribution of the year N shall be corrected in accordance with Article 9 of this Agreement. The participation fee paid for the year N as part of the financial contribution to a Union programme or activity shall not be adjusted or corrected;

(c)
   where the adjustment mechanism applies, following the year during which this Agreement is terminated, the operational contributions to a Union programme or activity paid for the years during which this Agreement applied shall be adjusted in accordance with Article 8. For Union programmes or activities where both the adjustment mechanism and the automatic correction mechanism apply, those operational contributions shall be adjusted in accordance with Article 8 and automatically corrected in accordance with Article 9. For Union programmes or activities where only the automatic correction mechanism applies, the relevant operational contributions shall be automatically corrected in accordance with Article 9.

4.
   Subject to paragraph 3, the participation of Switzerland in a programme for the Union's action in the field of health may be terminated in the cases provided for in Article 16 of the Agreement on Health.

5.
   Subject to paragraph 3 and notwithstanding any provisions to the contrary in this Agreement, the participation of Switzerland in a programme for the Union's action in the field of health shall cease on the same day as the Agreement on Health ceases to be in force.

6.
   The Contracting Parties shall settle by common consent any other consequences of termination of this Agreement.

ARTICLE 21

Annex and Protocols

The Annex and Protocols to this Agreement shall form an integral part thereof.

ARTICLE 22

Authentic texts

This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Agreement.

[Concluding formula (to the effect of, in all 24 EU languages: "Done at Brussels/Bern on the […]th day of [Month] in the year two thousand and [year]")]

[Signature Block (to the effect of, in all 24 EU languages: "For the European Union" and "For the Swiss Confederation")]

ANNEX ON FINANCIAL IMPLEMENTATION PROVISIONS

1.
   The European Commission shall communicate to Switzerland, as soon as possible and at the latest on 16 April of each financial year, the following information for each Union programme or activity, or part thereof, in which Switzerland participates:

(a)
   the amounts in commitment appropriations in the Union budget definitively adopted for the year in question for the budget lines covering participation of Switzerland in accordance with the protocols to this Agreement and, if relevant, the amount of external assigned revenue appropriations that do not result from financial contribution from other donors on those budget lines;

(b)
   the amount of the participation fee referred to in Article 7 of this Agreement;

(c)
   from year N + 1 of implementation of a programme included in the protocols to this Agreement, the implementation of commitment appropriations corresponding to budgetary year N and the level of decommitment;

(d)
   for programmes, or parts thereof, to which Article 9 of this Agreement applies, where such information is necessary to calculate the automatic correction, the level of commitments entered into in favour of Swiss entities broken down according to the corresponding year of budgetary appropriations and the related total level of commitments.

On the basis of its Draft Budget, the European Commission shall provide an estimate of information under points (a) and (b) as soon as possible, if possible in the course of June, and at the latest, by 1 September of each financial year.

2.
   The total value of call for funds for a given year shall be established by applying the annual amount calculated in application of Article 7 of this Agreement, including, if applicable to the Union programme, any adjustments under Article 8 of this Agreement, and if applicable to the Union programme, any corrections under Article 9 of this Agreement.

The application of this paragraph has no bearing on establishing the calculation of the automatic correction under Article 9.

3.
   The European Commission shall issue, at the latest on 16 April and if applicable to the Union programme, at the earliest on 22 October and at the latest on 31 October of each financial year, a call for funds to Switzerland that corresponds to the contribution of Switzerland under this Agreement for each of the Union programmes or activities, or parts thereof, in which Switzerland participates.

4.
   The call for funds referred to in paragraph 3 shall be structured in instalments as follows:

(a)
   the first instalment of the year, in relation to the call for funds to be issued by 16 April, shall correspond to an amount up to the equivalent of the estimate of the annual financial contribution of the programme in question referred to in paragraph 1.

Switzerland shall pay the amount indicated in this call for funds at the latest 60 days after the call for funds is issued;

  

(b)
   where applicable, the second instalment of the year, in relation to the call for funds to be issued at the earliest on 22 October and at the latest on 31 October, shall correspond to the difference between the amount referred to paragraph 1 and the amount referred to in paragraph 3 where the amount referred to in paragraph 3 is higher. Switzerland shall pay the amount indicated in this call for funds at the latest by 21 December.

Switzerland may make separate payments for each programme and activity.

5.
   Where this Agreement starts to provisionally apply in 2025, for the first year of its implementation, the European Commission shall issue a single call for funds within 60 days of the signature of this Agreement, and at the latest by 10 December 2025.

6.
   Where this Agreement starts to provisionally apply in 2025, Switzerland shall pay the amount indicated in the call for funds under paragraph 5 not later than 30 days after the call for funds is issued and at the latest by 21 December 2025.

7.
   Where the participation of Switzerland is terminated pursuant to Article 20 of this Agreement, any payments in relation to the period before the termination takes effect shall become due. The European Commission shall issue a call for funds in relation to the amount due at the latest one month after the termination takes effect. Switzerland shall pay this due amount within 60 days of the issue of the call for funds.

8.
   Any delay in the payment of the contribution shall give rise to the payment of default interest by Switzerland on the outstanding amount as from the due date until the day on which that outstanding amount is paid in full.

  

9.
   The interest rate for amounts receivable but not paid on the due date 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 day of the month in which the due date falls, or 0 %, whichever is higher, plus 3,5 percentage points.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

PROTOCOL I

PARTICIPATION IN THE HORIZON EUROPE, EURATOM RESEARCH AND TRAINING, 
  
DIGITAL EUROPE AND ERASMUS+ PROGRAMMES

  

PART I

GENERAL RULES

ARTICLE 1

Programmes in which Switzerland participates

1.
   Switzerland shall participate as an associated country in and contribute to the Union programmes and activities, or parts thereof, established by the following basic acts:

(a)
   Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013
[16](#footnote16)
 ("Horizon Europe Programme"), and implemented through the specific programme established by Council Decision (EU) 2021/764 of 10 May 2021 establishing the Specific Programme implementing Horizon Europe – the Framework Programme for Research and Innovation, and repealing Decision 2013/743/EU
[17](#footnote17)
, in their most up-to-date versions and through a financial contribution to the European Institute of Innovation and Technology established by Regulation (EU) 2021/819 of the European Parliament and of the Council of 20 May 2021 on the European Institute of Innovation and Technology
[18](#footnote18)
;

  

(b)
   Council Regulation (Euratom) 2021/765 of 10 May 2021 establishing the Research and Training Programme of the European Atomic Energy Community for the period 2021-2025 complementing Horizon Europe – the Framework Programme for Research and Innovation and repealing Regulation (Euratom) 2018/1563
[19](#footnote19)
 ("Euratom Progamme"), in its most up‑to‑date version;

(c)
   Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240
[20](#footnote20)
 ("Digital Europe Progamme"), in its most up-to-date version;

(d)
   Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013
[21](#footnote21)
 ("Erasmus+ Programme"), in its most up-to-date version.

2.
   This Protocol shall not apply to award procedures which implement budgetary commitments for:

(a)
   2021, 2022, 2023 or 2024 in the Union programmes or activities, or parts thereof, referred to in Article 1, paragraph 1, points (a) to (c), of this Protocol;

(b)
   2021, 2022, 2023, 2024, 2025 or 2026 in the Union programme referred to in Article 1, paragraph 1, point (d), of this Protocol.

ARTICLE 2

Duration of Switzerland's participation

1.
   Switzerland shall participate in the Union programmes and activities, or parts thereof, referred to in:

(a)
   Article 1, paragraph 1, points (a) to (c), of this Protocol from 1 January 2025 or another date if provided by a specific title of this Protocol for their remaining duration or until the end of the MFF 2021-2027, whichever is shorter;

(b)
   Article 1, paragraph 1, point (d), of this Protocol from 1 January 2027 for its remaining duration or until the end of the MFF 2021-2027, whichever is shorter, subject to the conditions laid down in Article 14 of this Protocol.

2.
   Switzerland or Swiss entities shall be eligible under the conditions laid down in Article 4 of this Agreement, with regard to Union award procedures, which implement the budgetary commitments of the programmes and activities, or parts thereof, referred to in Article 1 of this Protocol within the time limits set out in paragraph 1 of this Article.

For the Union programmes and activities, or parts thereof, referred to in Article 1, paragraph 1, points (a) to (c), of this Protocol, Switzerland or Swiss entities shall not be eligible for Union funding under Union award procedures which implement budgetary commitments for 2021, 2022, 2023 or 2024 without prejudice to the applicable eligibility rules for entities of non-associated third countries laid down in the basic act or other rules pertaining to the implementation of the Union programme or activity.

  

For the Union programmes and activities, or parts thereof, referred to in Article 1, paragraph 1, point (d), of this Protocol, Switzerland or Swiss entities shall not be eligible for Union funding under Union award procedures which implement budgetary commitments for 2021, 2022, 2023, 2024, 2025 or 2026 without prejudice to the applicable eligibility rules for entities of non-associated third countries laid down in the basic act or other rules pertaining to the implementation of the Union programme or activity.

ARTICLE 3

Final provisions

This Protocol shall remain in force for as long as is necessary for all the projects, actions, activities, or parts thereof, financed from the Union programmes listed in Article 1 of this Protocol, all the actions necessary to protect the financial interests of the Union and all the financial obligations stemming from the implementation of this Protocol between the Contracting Parties to be completed.

This Protocol shall be extended and apply for the period 2026-2027 under the same terms and conditions to the successor of the Euratom Programme, unless within three months of the publication in the Official Journal of the European Union of that successor programme either Contracting Party notifies its decision not to extend this Protocol to that successor programme. In the event of such a notification, this Protocol shall not apply as of 1 January 2026 in respect of the successor to the Euratom Programme.

  

ARTICLE 4

Annex

The Annex to this Protocol shall form an integral part thereof.

  

PART II

SPECIFIC TERMS AND CONDITIONS 
  
OF PARTICIPATION IN UNION PROGRAMMES

TITLE 1

HORIZON EUROPE AND EURATOM PROGRAMME 
  
COMPLEMENTING THE HORIZON EUROPE PROGRAMME

ARTICLE 5

Specific terms and conditions of participation in the Horizon Europe Programme 
  
and Euratom Programme complementing the Horizon Europe Programme

1.
   Before deciding on whether Swiss entities are eligible to participate in an action related to Union strategic assets, interests, autonomy or security under Article 22(5) of Regulation (EU) 2021/695, the European Commission may request specific information or assurances, such as:

(a)
   information on whether reciprocal access has been or will be granted to Union entities to existing and planned programmes, projects, actions, activities, or other measures, or parts thereof, of Switzerland equivalent to the Horizon Europe action concerned;

  

(b)
   information on whether Switzerland has in place a national investment screening mechanism and assurances that Swiss authorities will report on and consult the European Commission on any possible cases where, in application of such a mechanism, they have become aware of planned foreign investment or takeover by an entity established or controlled from outside Switzerland of a Swiss entity which has received the Horizon Europe Programme or the Euratom Programme funding in actions related to Union strategic assets, interests, autonomy or security, provided that the European Commission supplies Switzerland with the list of the relevant Swiss entities following the signature of grant agreements with those entities; and

(c)
   assurances that none of the results, technologies, services and products developed under the concerned actions by Swiss entities will be subject to restrictions on their export to Member States during the action and for four years after the end of the action; Switzerland shall share an up-to-date list of subjects of export restrictions on an annual basis, during the action and for four years after the end of the action.

2.
   Swiss entities may participate in the activities of the Joint Research Centre (JRC) under terms and conditions equivalent to those applicable to Union entities unless limitations are necessary to ensure consistency with the scope of participation stemming from the implementation of paragraph 1.

3.
   Where the Union implements the Horizon Europe Programme through the application of Articles 185 and 187 of the TFEU, Switzerland and Swiss entities may participate in the legal structures created under those provisions, in conformity with the Union legal acts that have been or will be adopted for the establishment of those legal structures.

4.
   Switzerland shall be kept regularly informed of JRC activities relating to Switzerland's participation in each programme, in particular of JRC multiannual work programmes. A high-level representative from Switzerland shall be invited as observer to meetings of the JRC Board of Governors in relation to a point that concerns Switzerland's participation in each programme.

5.
   Regulation (EU) 2021/819
[22](#footnote22)
 or the Union legal act replacing that Regulation, and Decision (EU) 2021/820 of the European Parliament and of the Council
[23](#footnote23)
, shall apply to participation of Swiss entities in Knowledge and Innovation Communities in conformity with Article 4 of this Agreement.

6.
   Representatives of Switzerland shall have the right to participate as observers in the committee referred to in Article 14 of Council Decision (EU) 2021/764 and in Article 16 of Council Regulation (Euratom) 2021/765, without voting rights and for points which concern Switzerland when that committee discusses issues pertaining to the implementation of the Horizon Europe Programme and the Euratom Programme. Such participation shall be in accordance with Article 6 of this Agreement. Travel cost of the representatives of Switzerland to the meetings of that committee shall be reimbursed in economy class. For all other matters the reimbursement of travel cost and subsistence expenses shall be governed by the same rules as applicable to representatives from Member States.

  

ARTICLE 6

Reciprocity

Legal entities established in the Union may participate in programmes, projects, actions, activities, other measures, or parts thereof, of Switzerland equivalent to those of the Horizon Europe Programme and the Euratom Programme, in accordance with Switzerland's regulations.

The non-exhaustive list of the equivalent programmes, projects, actions, activities, other measures, or parts thereof, of Switzerland is provided for in Annex I to this Protocol.

Funding of legal entities established in the Union by Switzerland shall be subject to Switzerland's regulations governing the operation of research and innovation programmes, projects, actions, activities, other measures, or parts thereof. Where funding is not provided, legal entities established in the Union may participate with their own means.

ARTICLE 7

Open science

The Contracting Parties shall mutually promote and encourage open science practices in their programmes, projects, actions and activities, or the parts thereof, in accordance with the rules of the Horizon Europe Programme and the Euratom Programme and Switzerland's regulations.

  

ARTICLE 8

Financial conditions for the Horizon Europe Programme

1.
   Article 8 of this Agreement shall apply to the Horizon Europe Programme.

2.
   Article 9 of this Agreement shall apply to the Horizon Europe Programme.

3.
   For the calculation of the automatic correction as referred to in Article 9 of this Agreement and in this Article, the following detailed arrangements shall apply:

(a)
   "competitive grants" means grants awarded through calls for proposals where the final beneficiaries can be identified at the time of the calculation of the automatic correction; financial support to third parties as defined in Article 207 of the Financial Regulation is excluded;

(b)
   where a legal commitment is signed with a consortium, the amounts used to establish the initial amounts of the legal commitment shall be the cumulative amounts allocated to beneficiaries that are Swiss entities in accordance with the indicative budget breakdown of the grant agreement;

(c)
   all amounts of legal commitments corresponding to competitive grants shall be established using the European Commission electronic system eCorda and be extracted on the second Wednesday of February of year N+2;

(d)
   "non-intervention costs" means costs of Horizon Europe Programme other than competitive grants, including support expenditure, programme-specific administration and other actions;

  

(e)
   amounts allocated to international organisations as legal entities being the final beneficiary shall be considered to be non-intervention costs.

4.
   The mechanism of automatic correction shall be applied as follows:

(a)
   automatic corrections for year N in relation to the execution of commitment appropriations for year N, increased in accordance with Article 7(5) of this Agreement, are to be applied based on data of year N and year N+1 from e-Corda referred to in paragraph 3, point (c), of this Article in year N+2 after any adjustments in accordance with Article 8 of this Agreement have been applied to the contribution of Switzerland to the Horizon Europe Programme; the amount considered is to be the amount of competitive grants for which data is available, at the time of the calculation of the correction;

(b)
   starting in year N+2 and up until 2029, the amount of the automatic correction is to be calculated for year N by taking the difference between:

(i)
   the total amount of the competitive grants apportioned to Switzerland or Swiss entities as commitments made on budget appropriations of year N; and

(ii)
   the amount of Switzerland adjusted operational contribution for year N multiplied by the ratio between:

A.
   the amount of competitive grants made on commitment appropriations of year N, increased in accordance with Article 7(5) of this Agreement; and

B.
   the total of all the authorised budgetary commitment appropriations of year N, including non-intervention costs.

Where any adjustment for situations where Swiss entities are excluded is made, pursuant to the application of Article 8, the corresponding competitive grant amounts shall not be included in the calculations.

5.
   If in relation to Switzerland's operational contribution for a given year N, the amount of the difference calculated in accordance with the method laid down in Article 9(2) of this Agreement is negative and in absolute terms exceeds 8 % of the corresponding operational contribution for year N, the future operational contribution of Switzerland for year N+2 shall be reduced by the difference between the absolute amount calculated in accordance with the method laid down in Article 9(2) for year N, and the amount which corresponds to 8 % of the corresponding operational contribution for year N.

After the end of the period referred to in Article 2(1) of this Protocol, any reductions of future operational contributions, as referred to in the first subparagraph of this paragraph, shall be applied to operational contributions of Switzerland to a succeeding programme in which Switzerland participates.

If the operational contribution of Switzerland is adjusted in year N+2 in accordance with the first and second subparagraphs, such adjustment shall be taken into account for the purpose of calculating the annual amount for year N+2 in accordance with point 4 of the Annex on Financial Implementation Provisions

ARTICLE 9

Financial conditions for the Euratom Programme

1.
   Article 8 of this Agreement shall not apply to the Euratom Programme complementing the Horizon Europe Programme.

  

2.
   Article 9 of this Agreement shall not apply to the Euratom Programme complementing the Horizon Europe Programme.

3.
   By derogation from Article 7(7) of this Agreement, the contribution key to be applied in years 2025, 2026 and 2027 for the calculation of the operational contribution for the participation in the Euratom Programme shall be 95,4 % of the contribution key defined in Article 7(6) of this Agreement.

TITLE 2

PARTICIPATION IN THE DIGITAL EUROPE PROGRAMME

ARTICLE 10

Scope of the association

Switzerland shall participate as an associated country in and contribute to Specific Objectives (SO) SO1 (High Performance Computing (HPC)), SO2 (Artificial Intelligence), SO4 (Advanced Digital Skills) and SO5 (Deployment and Best Use of Digital Capacities and Interoperability) of the Digital Europe Programme referred to in Article 3 of Regulation (EU) 2021/694.

  

ARTICLE 11

Specific terms and conditions of participation in the Digital Europe Programme

1.
   Before deciding on whether Swiss entities are eligible to participate in an action for which participation has been restricted for duly justified reasons on the basis of Article 12(6) of Regulation (EU) 2021/694, the European Commission may request specific information or assurances, such as:

(a)
   information whether reciprocal access has been or will be granted to Union entities to existing and planned programmes, projects, or actions of Switzerland equivalent to the Digital Europe action concerned;

(b)
   information whether Switzerland has in place a national investment screening mechanism, and assurances that Swiss authorities will report on and consult the European Commission on any possible cases where, in application of such a mechanism, they have become aware of planned foreign investment or takeover by an entity established or controlled from outside Switzerland of a Swiss entity which has received Digital Europe funding in actions, provided that the European Commission supplies Switzerland with the list of the relevant legal entities established in Switzerland following the signature of grant agreements with those entities; and

(c)
   assurances that none of the results, technologies, services, and products developed under the concerned actions by entities established in Switzerland shall be subject to restrictions on their export to Member States during the action and for four years after the end of the action; Switzerland will share an up-to-date list of subjects of national export restrictions on an annual basis, during the action and for four years after the end of the action.

  

2.
   Where the call conditions restrict participation in an action due to considerations related to the Union's security under Article 12(6) of Regulation (EU) 2021/694, the European Commission may request specific information or assurance from Switzerland in order to assess the adequacy of the guarantees provided by the relevant entities that their participation to the action would not negatively impact the Union's security.

3.
   Where the Union implements the Digital Europe Programme through the application of Articles 185 and 187 of the TFEU, Switzerland and Swiss legal entities may participate in the legal structures created under those provisions, in conformity with the Union legal acts that have been or will be adopted for the establishment of those legal structures.

ARTICLE 12

Reciprocity

Legal entities established in the Union may participate in programmes, projects, actions, activities, other measures, or parts thereof, of Switzerland equivalent to those of the Digital Europe Programme, in accordance with Switzerland's regulations.

The non-exhaustive list of the equivalent programmes, projects, actions, activities, other measures, or parts thereof, of Switzerland is provided for in Annex I to this Protocol.

Funding of legal entities established in the Union by Switzerland shall be subject to Switzerland's regulations governing the operation of research and innovation programmes, projects, actions, activities, other measures, or parts thereof. Where funding is not provided, legal entities established in the Union may participate with their own means.

ARTICLE 13

Financial conditions

Article 8 of this Agreement shall not apply to the Digital Europe Programme.

TITLE 3

PARTICIPATION IN THE ERASMUS+ PROGRAMME

ARTICLE 14

Specific terms and conditions of participation in the Erasmus+ Programme

The participation of Switzerland in the Erasmus+ Programme shall be conditional on the nomination of a national authority, the establishment of a national agency, and the designation of an independent audit body, in conformity with Articles 26, 27, 28 and 29 of Regulation (EU) 2021/817.

The participation of Switzerland in the Erasmus+ Programme shall be effective from the date on which the European Commission has accepted the ex-ante compliance assessment of the national agency, pursuant to Article 28(2) of Regulation (EU) 2021/817.

ARTICLE 15

Financial conditions

1.
   Article 8 of this Agreement shall not apply to the Erasmus+ Programme.

2.
   By derogation from Article 7(7) of this Agreement, the contribution key to be applied in year 2027 for the calculation of the operational contribution for the participation in the Erasmus+ Programme shall be 70 % of the contribution key defined in Article 7(6) of this Agreement.

ANNEX I

List of the equivalent programmes, projects, 
  
actions and activities, or parts thereof, of Switzerland

1.
   The following non-exhaustive list shall be regarded as Switzerland's programmes, projects, actions and activities, or parts thereof, equivalent to the Horizon Europe Programme and the Euratom Programme:

–
   Bridge Proof-of-Concept

–
   SNSF Project funding

–
   SNSF Health & well-being

–
   SNSF MARVIS

–
   SNSF International Co-Investigator Scheme

–
   SNSF National Centres of Competence in Research (NCCRs)

–
   Ambizione

–
   Spark

–
   Funding programmes FOT

  

–
   Sustained Scientific User Laboratory for Simulation and Data-based Science at CSCS (User Lab)

–
   Swiss Data Science Center

–
   Swiss Plasma Center / Swiss Fusion Hub

–
   Swiss Light Source SLS

–
   Swiss Spallation Neutron Source (SINQ)

–
   SμS muon source

–
   Swiss Research Infrastructure for Particle Physics CHRISP

–
   Swiss X-ray Free Electron Laser SwissFEL

–
   Swiss-Norwegian beamline (SNBL)

–
   SwissChips Initiative

–
   Swiss Twins

  

2.
   The following non-exhaustive list shall be regarded as Switzerland's programmes, projects, actions and activities, or parts thereof, equivalent to the Digital Europe Programme:

[…]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

PROTOCOL II

PARTICIPATION IN ACTIVITIES OF THE EUROPEAN JOINT UNDERTAKING FOR ITER 
  
AND THE DEVELOPMENT OF FUSION ENERGY, 
  
THE ITER AGREEMENT AND THE BROADER APPROACH AGREEMENT

  

ARTICLE 1

Scope of the association

Switzerland shall participate as a member of, and contribute to, the Joint Undertaking for ITER and the development of Fusion Energy (F4E) in accordance with Article 2(c) of Council Decision 2007/198/Euratom
[24](#footnote24)
 and its Statutes attached to it (the "F4E Statutes"), contributing to the future scientific and technological cooperation in the field of controlled nuclear fusion through Switzerland's association to the Euratom Programme.

ARTICLE 2

Duration of Switzerland's participation

1.
   Switzerland shall participate as a member of F4E from 1st January 2026 for the duration of the establishment of F4E, provided that the conditions of Council Decision 2007/198/Euratom are fulfilled.

  

2.
   Switzerland or Swiss entities shall be eligible under the conditions laid down in Article 4 of this Agreement, with regard to Union award procedures, which implement the budgetary commitments of the programmes and activities, or parts thereof, referred to in Article 1 of this Protocol within the time limits set out in paragraph 1 of this Article. Switzerland or Swiss entities shall not be eligible for Union funding under Union award procedures which implement budgetary commitments for 2021, 2022, 2023, 2024 or 2025 without prejudice to the applicable eligibility rules for entities of non-associated third countries laid down in the basic act or other rules pertaining to the implementation of the F4E activities.

ARTICLE 3

Specific terms and conditions for participation in 
  
activities of the European Joint Undertaking for ITER 
  
and the Development of Fusion Energy

1.
   Notwithstanding Article 12(2), point (a), and Article 82(3), point (a), of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968
[25](#footnote25)
, and in accordance with Article 10 of the F4E Statutes, the Swiss nationals with full citizen's rights may be appointed by the Director of F4E as F4E's staff.

  

2.
   Switzerland shall have voting rights in the Governing Board of F4E and shall make annual membership contribution to F4E in accordance with Annex II to the F4E Statutes.

3.
   Subject to the provisions of this Agreement, and in particular of Article 4, Swiss entities may participate in all the activities of F4E under the same conditions as those applicable to Euratom legal entities.

4.
   Representatives of Switzerland shall participate in the meetings of F4E in accordance with the F4E Statutes.

5.
   Switzerland shall apply the Protocol (No 7) on the Privileges and Immunities of the European Union annexed to the TFEU to F4E, its Director and staff in connection with their activities pursuant to Council Decision 2007/198/Euratom, with the following modalities:

(a)
   extension of application to Switzerland;

wherever the Protocol on the Privileges and Immunities of the European Union contains references to Member States, the references shall be understood to apply equally to Switzerland, unless the following provisions determine otherwise;

  

(b)
   exemption of F4E from indirect taxation (including VAT):

(i)
   goods and services exported from Switzerland shall not be subject to Swiss value added tax (VAT); in the case of goods and services provided to F4E in Switzerland for its official use, in accordance with Article 3, second subparagraph, of the Protocol on the Privileges and Immunities of the European Union, exemption from VAT shall be granted by way of refund; exemption from VAT shall be granted if the actual purchase price of the goods and services mentioned in the invoice or equivalent document totals at least 100 CHF (inclusive of tax);

(ii)
   the VAT refund shall be granted on presentation to the Federal Tax Administration's VAT Main Division of the Swiss forms provided for that purpose; as a rule, refund applications shall be processed within three months following the date on which they were lodged together with the necessary supporting documents;

(c)
   procedure for the application of the rules relating to the European Joint Undertaking for ITER's staff:

(i)
   as regards Article 12, second subparagraph, of the Protocol on the Privileges and Immunities of the European Union, Switzerland shall exempt, according to the principles of its national law, officials and other servants of F4E within the meaning of Article 2 of Regulation (Euratom, ECSC, EEC) No 549/69
[26](#footnote26)
 from federal, cantonal and communal taxes on salaries, wages and emoluments paid to them by the Union and subject to an internal tax for its own benefit;

  

(ii)
   Switzerland shall not be considered to be a Member State within the meaning of letter a) for the application of Article 13 of the Protocol on the Privileges and Immunities of the European Union;

(iii)
   Officials and other servants of F4E and members of their families who are members of the social insurance system applicable to officials and other servants of the Union shall not be obliged to be members of the Swiss social security system;

(iv)
   the Court of Justice of the European Union shall have exclusive jurisdiction in any matters concerning relations between F4E or the European Commission and its staff with regard to the application of Regulation (EEC, Euratom, ECSC) No 259/68 and the other provisions of Union law laying down working conditions.

6.
   Switzerland shall also confer all the advantages provided for in Annex III to the Treaty establishing the European Atomic Energy Community on F4E within the scope of its official activities.

  

ARTICLE 4

Financial controls

1.
   F4E and European Commission officials and other persons mandated by F4E and the European Commission shall have appropriate access, including in electronic form, to sites, works and documents and to all the information required in order to carry out reviews and audits as well as measures protecting the financial interests of the Union in accordance with Articles 11 and 12 of this Agreement. That right of access shall be stated explicitly in the contracts or agreements concluded to implement the instruments referred to in this Protocol.

2.
   The competent Swiss authorities shall inform F4E and the European 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 Protocol.

3.
   Without prejudice to the application of Swiss criminal law, administrative measures and penalties may be imposed by F4E or the European Commission in accordance with the Financial Regulation and with Council Regulation (EC, Euratom) No 2988/95
[27](#footnote27)
.

4.
   Decisions taken by F4E or the European Commission within the scope of this Protocol which impose a pecuniary obligation on persons other than States shall be enforceable in Switzerland.

  

5.
   The order for the enforcement of a decision under the previous paragraph shall be issued in accordance with Article 14 in this Agreement. F4E or the European Commission shall be informed by the authority designated by the Swiss Government.

ARTICLE 5

Financial conditions

1.
   Article 8 of this Agreement shall not apply to this Protocol.

2.
   By derogation from Article 7(7) of this Agreement, the contribution key to be applied in years 2026 and 2027 for the calculation of the operational contribution for the participation in F4E shall be 95,4 % of the contribution key defined in Article 7(6) of this Agreement.

ARTICLE 6

Applicability of the ITER Agreement, the Agreement 
  
on the Privileges and Immunities of ITER, 
  
and the Broader Approach Agreement to the territory of Switzerland

1.
   The Contracting Parties agree that:

(a)
   the ITER Agreement shall apply to the territory of Switzerland, and for the purposes of the application of this Article, this Protocol shall be considered to be a relevant agreement for the purposes of Article 21 of that Agreement;

  

(b)
   the Agreement on the Privileges and Immunities of ITER shall apply to the territory of Switzerland, and for the purposes of the application of this Article, this Protocol shall be considered to be a relevant agreement for the purposes of Article 24 of that Agreement; and

(c)
   the Broader Approach Agreement shall apply to the territory of Switzerland, in particular the privileges and immunities under Articles 13 and 14(5) of that Agreement, and for the purposes of the application of this Article, this Protocol shall be considered to be a relevant agreement for the purposes of Article 26 of that Agreement.

2.
   Swiss nationals with full citizen's rights shall be eligible on the same conditions as those for nationals from Member States to be:

(a)
   nominated by Euratom as representatives to the Council of the ITER International Fusion Energy Organization (Article 6(1) of the ITER Agreement);

(b)
   nominated by the Council of the ITER International Fusion Energy Organization as senior staff (Article 6(7), point (d), of the ITER Agreement);

(c)
   personnel seconded by Euratom to the ITER International Fusion Energy Organization (Article 7(2) of the ITER Agreement);

(d)
   employed directly by the ITER International Fusion Energy Organization through an appointment by its Director-General (Article 7(2) and (4), point (b), of the ITER Agreement);

  

(e)
   nominated by Euratom as representatives to the Steering Committee on the Broader Approach Activities and to the Project Committees of the Broader Approach Activities (Articles 3 and 5 of the Broader Approach Agreement);

(f)
   nominated by the Steering Committee as staff of the Secretariat (Article 4 of the Broader Approach Agreement);

(g)
   seconded by Euratom to the Broader Approach Activities, i.e. as member of the project teams or as project leader (Article 6 of the Broader Approach Agreement).

3.
   Switzerland shall be informed by Euratom, in writing, if the ITER Programme, the ITER Agreement, the Broader Approach Agreement or the Agreement on the Privileges and Immunities of ITER are to be amended.

ARTICLE 7

Reciprocity

Legal entities established in the Union may participate in programmes, projects, actions, activities, other measures, or parts thereof, of Switzerland equivalent to those of ITER Organization, F4E or Broader Approach, in accordance with Switzerland's regulations. The non-exhaustive list of the equivalent programmes, projects, actions, activities, other measures, or parts thereof, of Switzerland is provided for in Annex I to this Protocol.

  

Funding of legal entities established in the Union by Switzerland shall be subject to Switzerland's regulations governing the operation of research and innovation programmes, projects, actions, activities, other measures, or parts thereof. Where funding is not provided, legal entities established in the Union may participate with their own means.

ARTICLE 8

Final provisions

This Protocol shall remain in force for as long as is necessary for all the projects, actions, activities, or parts thereof financed from the Union programme listed in Article 1 of this Protocol, all the actions necessary to protect the financial interests of the Union and all the financial obligations stemming from the implementation of this Protocol between the Contracting Parties to be completed.

ANNEX I

List of the equivalent programmes, projects, 
  
actions and activities, or parts thereof, of Switzerland

The following non-exhaustive list shall be regarded as Switzerland's programmes, projects, actions and activities, or parts thereof, equivalent to ITER:

[…]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

PROTOCOL III

PARTICIPATION IN THE EU4HEALTH PROGRAMME

  

ARTICLE 1

Scope of the association

1.
   Switzerland shall participate as an associated country in and contribute to specific parts of the EU4Health Programme established by Regulation (EU) 2021/522 of the European Parliament and the Council of 24 March 2021 establishing a Programme for the Union's action in the field of health ("EU4Health Programme") for the period 2021-2027 and repealing Regulation (EU) No 282/2014
[28](#footnote28)
, in its most up-to-date version.

2.
   The specific parts of the EU4Health Programme in which Switzerland shall participate and to which it shall contribute relate to crisis preparedness, as covered by the Agreement on Health.

ARTICLE 2

Duration of Switzerland's participation

1.
   Switzerland shall participate in the EU4Health Programme from 1 January of the year following the entry into force of the Agreement on Health, for the remaining duration of the EU4Health Programme or until the end of the MFF 2021-2027, whichever is shorter.

  

2.
   Switzerland or Swiss entities shall be eligible under the conditions laid down in Article 4 of this Agreement, with regard to Union award procedures, which implement the budgetary commitments of the programmes and activities, or parts thereof, of the EU4Health Programme within the time limits set out in paragraph 1 of this Article. Switzerland or Swiss entities shall not be eligible for Union funding under Union award procedures which implement budgetary commitments for any of the years in the MFF 2021-2027 before the start of the participation in the EU4Health Programme, in accordance with paragraph 1, without prejudice to the applicable eligibility rules for entities of non-associated countries laid down in the basic act or other rules pertaining to the implementation of the relevant Union programme or activity.

ARTICLE 3

Specific terms and conditions of participation in the EU4Health Programme

1.
   Switzerland shall participate in the EU4Health Programme in accordance with the conditions laid down in this Agreement and in the legal act referred to in Article 1 of this Protocol, as well as in any other rules pertaining to the implementation of the EU4Health Programme, in its most up-to-date version.

2.
   Unless otherwise provided for in the terms and conditions referred to in paragraph 1 of this Article, legal entities established in Switzerland may participate in actions of the EU4Health Programme under conditions equivalent to those applicable to legal entities established in the Union, including the respect of Union restrictive measures.

3.
   English shall be used for the procedures related to requests, contracts and reports, as well as for other administrative aspects of the EU4Health Programme.

  

ARTICLE 4

Financial conditions

Article 8 of this Agreement shall not apply to this Protocol.

ARTICLE 5

Final provisions

This Protocol shall remain in force for as long as is necessary for all the projects, actions, activities, or parts thereof financed from the Union Programme referred to in Article 1 of this Protocol, all the actions necessary to protect the financial interests of the Union and all the financial obligations stemming from the implementation of this Protocol between the Contracting Parties to be completed.

:   [(1)](#footnoteref1)
       OJ EU L 242, 4.9.1978, p. 2.
:   [(2)](#footnoteref2)
       OJ EU L 313, 22.11.1985, p. 6, ELI: http://data.europa.eu/eli/agree\_internation/1985/507/oj.
:   [(3)](#footnoteref3)
       The 2006 Agreement on the Establishment of the ITER International Fusion Energy Organization for the joint implementation of the ITER Project, OJ EU L 20, 24.1.2008, p. 17.
:   [(4)](#footnoteref4)
       The 2006 "Agreement on the Privileges and Immunities of ITER", OJ EU L 358, 16.12.2006, p. 82, ELI: http://data.europa.eu/eli/agree\_internation/2006/943(2)/oj.
:   [(5)](#footnoteref5)
       The 2007 Agreement between the European Atomic Energy Community and the Government of Japan for the joint implementation of the Broader Approach Activities in the field of fusion energy research, OJ EU L 246, 21.9.2007, p. 34.
:   [(6)](#footnoteref6)
       Commission Decision of 22 November 2007 on the conclusion of Agreements in the form of Exchange of Letters between the European Atomic Energy Community (Euratom) and the Swiss Confederation (Switzerland) on the application of the ITER Agreement, the Agreement on Privileges and Immunities for ITER and the Broader Approach Agreement to the territory of Switzerland and on Switzerland's membership in the European Joint Undertaking for ITER and the Development of Fusion Energy, OJ EU L 20, 24.1.2008, p. 11.
:   [(7)](#footnoteref7)
       OJ EU L 370, 30.12.2014, p. 3.
:   [(8)](#footnoteref8)
       Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (OJ EU L 90, 30.3.2007, p. 58).
:   [(9)](#footnoteref9)
       Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ EU L 170, 12.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/695/oj).
:   [(10)](#footnoteref10)
       Council Regulation (Euratom) 2021/765 of 10 May 2021 establishing the Research and Training Programme of the European Atomic Energy Community for the period 2021-2025, complementing Horizon Europe – the Framework Programme for Research and Innovation and repealing Regulation (Euratom) 2018/1563 (OJ EU L 167 I, 12.5.2021, p. 81, ELI: http://data.europa.eu/eli/reg/2021/765/oj).
:   [(11)](#footnoteref11)
       Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ EU L 166, 11.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/694/oj).
:   [(12)](#footnoteref12)
       Regulation (EU) 2021/522 of the European Parliament and of the Council of 24 March 2021 establishing a Programme for the Union's action in the field of health ("EU4Health Programme") for the period 2021-2027, and repealing Regulation (EU) No 282/2014 (OJ EU L 107, 26.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/522/oj).
:   [(13)](#footnoteref13)
       Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ EU L, 2024/2509, 26.9.2024).
:   [(14)](#footnoteref14)
       OJ EU L 114, 30.4.2002, p. 6.
:   [(15)](#footnoteref15)
       For the period 2021-2027, this is the EU4Health Programme as established by Regulation (EU) 2021/522 of the European Parliament and of the Council of 24 March 2021 establishing a Programme for the Union's action in the field of health ("EU4Health Programme") for the period 2021-2027, and repealing Regulation (EU) No 282/2014 (OJ EU L 107, 26.3.2021, p. 1).
:   [(16)](#footnoteref16)
       OJ EU L 170, 12.5.2021, p. 1.
:   [(17)](#footnoteref17)
       OJ EU L 167I, 12.5.2021, p. 1.
:   [(18)](#footnoteref18)
       OJ EU L 189, 28.5.2021, p. 61.
:   [(19)](#footnoteref19)
       OJ L 167l, 12.5.2021, p. 81,
:   [(20)](#footnoteref20)
       OJ L 166, 11.5.2021, p. 1, ELI: https://eur-lex.europa.eu/eli/reg/2021/694/oj.
:   [(21)](#footnoteref21)
       OJ EU L 189, 28.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/817/oj.
:   [(22)](#footnoteref22)
       Regulation (EU) 2021/819 of the European Parliament and of the Council of 20 May 2021 on the European Institute of Innovation and Technology (OJ L 189, 28.5.2021, p. 61).
:   [(23)](#footnoteref23)
       Decision (EU) 2021/820 of the European Parliament and of the Council of 20 May 2021 on the Strategic Innovation Agenda of the European Institute of Innovation and Technology (EIT) 2021-2027: Boosting the Innovation Talent and Capacity of Europe and repealing Decision No 1312/2013/EU (OJ EU L 189, 28.5.2021, p. 91).
:   [(24)](#footnoteref24)
       Council Decision 2007/198/Euratom establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (OJ EU L 90, 30.3.2007, p. 58).
:   [(25)](#footnoteref25)
       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 (OJ EU L 56, 4.3.1968, p. 1).
:   [(26)](#footnoteref26)
       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 (No 7) on the Privileges and Immunities of the European Union annexed to the TFEU apply.
:   [(27)](#footnoteref27)
       Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ EU L 312, 23.12.1995, p. 1).
:   [(28)](#footnoteref28)
       OJ EU L 107, 26.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/522/oj.

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