CELEX: 22010A0916(01)
Language: en
Date: 2009-09-30 00:00:00
Title: Arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

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22010A0916(01)

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

Official Journal L 243 , 16/09/2010 P. 4 - 15

		Arrangementbetween the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European UnionTHE EUROPEAN COMMUNITY,of the one part, andTHE SWISS CONFEDERATION,hereinafter referred to as "Switzerland", andTHE PRINCIPALITY OF LIECHTENSTEIN,hereinafter referred to as "Liechtenstein",of the other part,HAVING REGARD TO the Agreement signed on 26 October 2004 between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, hereinafter referred to as "the Agreement",HAVING REGARD TO the Protocol signed on 28 February 2008 between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, hereinafter referred to as "the Protocol",HAVING REGARD TO the Joint Declaration by the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union attached to the Protocol,HAVING REGARD TO the Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union [1],Whereas:(1) By Council Regulation (EC) No 2007/2004 [2], hereinafter referred to as "the Regulation", the European Community established the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, hereinafter referred to as the "Agency".(2) The Regulation constitutes a development of the Schengen acquis within the meaning of the Agreement and the Protocol.(3) The Regulation confirms that countries associated with the implementation, application and development of the Schengen acquis should participate fully in activities of the Agency, albeit with limited voting rights.(4) Liechtenstein does not have external borders to which the Schengen Borders Code applies.(5) The Agreement and the Protocol do not address the modalities of the association of Switzerland and Liechtenstein with the activities of new bodies set up by the European Union in the framework of the further development of the Schengen acquis, and certain aspects of the association with the Agency should be settled in an additional arrangement between the Parties to the Agreement and the Protocol,HAVE AGREED AS FOLLOWS:Article 1The Management Board1. Switzerland and Liechtenstein shall be represented on the Management Board of the Agency, as laid down in Article 21(3) of the Regulation.2. Switzerland shall have voting rights:(a) as regards decisions on specific activities to be carried out at its external borders. Proposals for such decisions shall require a vote in favour of their adoption by its representative on the Management Board;(b) as regards decisions on specific activities under Article 3 (joint operations and pilot projects at external borders), Article 7 (management of technical equipment), Article 8 (support for Member States in circumstances requiring increased technical and operational assistance at external borders) and Article 9(1), first sentence (joint return operations) to be carried out with human resources and/or equipment made available by Switzerland;(c) as regards decisions on risk analysis (development of the common integrated risk analysis, general and specific risk analysis), directly affecting Switzerland, under Article 4;(d) as regards decisions on training activities under Article 5, except on establishment of the common core curriculum.3. Liechtenstein shall have voting rights:(a) as regards decisions on specific activities under Article 3 (joint operations and pilot projects at external borders), Article 7 (management of technical equipment), Article 8 (support for Member States in circumstances requiring increased technical and operational assistance at external borders) and Article 9(1), first sentence (joint return operations) to be carried out with human resources and/or equipment made available by Liechtenstein;(b) as regards decisions on risk analysis (development of the common integrated risk analysis, general and specific risk analysis), directly affecting Liechtenstein, under Article 4;(c) as regards decisions on training activities under Article 5, except on establishment of the common core curriculum.Article 2Financial contributionSwitzerland shall contribute to the budget of the Agency in accordance with the percentage laid down in Article 11(3) of the Agreement.Liechtenstein shall contribute to the budget of the Agency in accordance with Article 3 of the Protocol which refers to the contribution method laid down in Article 11(3) of the Agreement.Article 3Protection and confidentiality of data1. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [3] shall apply where personal data are forwarded by the Agency to the authorities of Switzerland and Liechtenstein.2. Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data [4] shall apply to data forwarded by the authorities of Switzerland and Liechtenstein to the Agency.3. Switzerland and Liechtenstein shall respect the rules on confidentiality of documents held by the Agency, as set out in the Rules of Procedure of the Management Board.Article 4Legal statusThe Agency shall have legal personality under the law of Switzerland and the law of Liechtenstein and shall enjoy in Switzerland and Liechtenstein the most extensive legal capacity accorded to legal persons under the law of Switzerland and the law of Liechtenstein. It may, in particular, acquire or dispose of movable and immovable property and may be party to legal proceedings.Article 5LiabilityThe liability of the Agency shall be governed as provided for in Article 19(1), (3) and (5) of the Regulation.Article 6Court of Justice1. Switzerland and Liechtenstein shall recognise the jurisdiction of the Court of Justice of the European Communities over the Agency, as provided for in Article 19(2) and (4) of the Regulation.2. Disputes regarding civil liability shall be resolved in accordance with Article 10b(4) of the Regulation as amended by Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers [5].Article 7Privileges and immunities1. Switzerland and Liechtenstein shall apply to the Agency and to its staff the Protocol on the Privileges and Immunities of the European Communities which is set out in the Annex to this Arrangement.2. The Annex to this Arrangement, including as regards Switzerland the Appendix on the procedure for application of the Protocol on Privileges and Immunities, shall form an integral part of this Arrangement.Article 8Staff1. Switzerland and Liechtenstein shall apply the rules relating to the Agency’s staff matters adopted pursuant to the Protocol on the Privileges and Immunities of the European Communities.2. By way of derogation from Article 12(2)(a) of the Conditions of Employment of other servants of the European Communities, nationals of Switzerland and Liechtenstein enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.3. Nationals of Switzerland and Liechtenstein may not, however, be appointed to the posts of Executive Director or Deputy Executive Director of the Agency.4. Nationals of Switzerland and Liechtenstein may not be elected as Chairperson or Deputy Chairperson of the Management Board.Article 9Entry into force1. The Secretary-General of the Council of the European Union shall act as depositary of this Arrangement.2. The European Community, Switzerland and Liechtenstein shall approve this Arrangement in accordance with their own procedures.3. The entry into force of this Arrangement shall require approval by the European Community and by at least one other Party to this Arrangement.4. This Arrangement shall enter into force in relation to any Party to this Arrangement on the first day of the first month following the deposit of its instrument of approval with the depositary.5. As regards Liechtenstein, this Arrangement shall apply as from the date when the provisions referred to in Article 2 of the Protocol are put into effect in accordance with Article 10 of the Protocol.Article 10Validity and termination1. This Arrangement shall be concluded for an unlimited period.2. This Arrangement shall cease to be in force six months after the Agreement is denounced by Switzerland or by decision of the Council of the European Union, or is otherwise terminated in accordance with the procedures described in Articles 7(4), 10 or 17 of the Agreement.3. This Arrangement shall cease to be in force six months after the Protocol is denounced by Liechtenstein or by decision of the Council of the European Union or is otherwise terminated in accordance with the procedure described in Articles 3, 5(4), 11(1) or 11(3) of the Protocol.This Arrangement, as well as the Joint Declarations annexed thereto, shall be drawn up in one single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of those texts being equally authentic.Съставено в Брюксел на тридесети септември две хиляди и девета година.Hecho en Bruselas el treinta de septiembre de dos mil nueve.V Bruselu dne třicátého září dva tisíce devět.Udfærdiget i Bruxelles den tredivte september to tusind og ni.Geschehen zu Brüssel am dreißigsten September zweitausendneun.Kahe tuhande üheksanda aasta septembrikuu kolmekümnendal päeval Brüsselis.’Εγινε στις Βρυξέλλες, στις τριάντα Σεπτεμβρίου δύο χιλιάδες εννιά.Done at Brussels on the thirtieth day of September in the year two thousand and nine.Fait à Bruxelles, le trente septembre deux mille neuf.Fatto a Bruxelles, addì trenta settembre duemilanove.Briselē, divi tūkstoši devītā gada trīsdesmitajā septembrīPriimta du tūkstančiai devintų metų rugsėjo trisdešimtą dieną Briuselyje.Kelt Brüsszelben, a kétezer-kilencedik év szeptember harmincadik napján.Magħmul fi Brussell, it-tletin jum ta’ Settembru tas-sena elfejn u disgħa.Gedaan te Brussel, de dertigste september tweeduizend negen.Sporządzono w Brukseli dnia trzydziestego września dwa tysiące dziewiątego roku.Feito em Bruxelas, em trinta de Setembro de dois mil e nove.Încheiat la Bruxelles, la treizeci septembrie două mii nouă.V Bruseli dňa tridsiateho septembra dvetisícdeväť.V Bruslju, dne tridesetega septembra leta dva tisoč devet.Tehty Brysselissä kolmantenakymmenentenä päivänä syyskuuta vuonna kaksituhattayhdeksän.Som skedde i Bryssel den trettionde september tjugohundranio.За Европейската общностPor la Comunidad EuropeaZa Evropské společenstvíFor Det Europæiske FællesskabFür die Europäische GemeinschaftEuroopa Ühenduse nimelΓια την Ευρωπαϊκή ΚοινότηταFor the European CommunityPour la Communauté européennePer la Comunità europeaEiropas Kopienas vārdāEuropos bendrijos varduaz Európai Közösség részérőlGħall-Komunità EwropeaVoor de Europese GemeenschapW imieniu Wspólnoty EuropejskiejPela Comunidade EuropeiaPentru Comunitatea EuropeanăZa Európske spoločenstvoZa Evropsko skupnostEuroopan yhteisön puolestaPå Europeiska gemenskapens vägnar+++++ TIFF +++++За Конфедерация ШвейцарияPor la Confederación SuizaZa Švýcarskou konfederaciFor Det Schweiziske ForbundFür die Schweizerische EidgenossenschaftŠveitsi Konföderatsiooni nimelΓια την Ελβετική ΣυνομοσπονδίαFor the Swiss ConfederationPour la Confédération suissePer la Confederazione svizzeraŠveices Konfederācijas vārdāŠveicarijos Konfederacijos varduA Svájci Államszövetség részérőlGħall-Konfederazzjoni SvizzeraVoor de Zwitserse BondsstaatW imieniu Konfederacji SzwajcarskiejPela Confederação SuíçaPentru Confederația ElvețianăZa Švajčiarsku konfederáciuZa Švicarsko konfederacijoSveitsin valaliiton puolestaFör Schweiziska edsförbundet+++++ TIFF +++++За Княжество ЛихтенщайнPor el Principado de LiechtensteinZa Lichtenštejnské knížectvíFor Fyrstendømmet LiechtensteinFür das Fürstentum LiechtensteinLiechtensteini Vürstiriigi nimelΓια το Πριγκιπάτο του ΛιχτενστάινFor the Principality of LiechtensteinPour la Principauté de LiechtensteinPer il Principato del LiechtensteinLihtenšteinas Firstistes vārdāLichtenšteino Kunigaikštystės varduA Liechtensteini Hercegség részérőlGħall-Prinċipat ta’ LiechtensteinVoor het Vorstendom LiechtensteinW imieniu Księstwa LiechtensteinuPelo Principado do LiechtensteinPentru Principatul LiechtensteinZa Lichtenštajnské kniežatstvoZa Kneževino LihtenštajnLiechtensleinin ruhtinaskunnan puolestaFör Furstendömet Liechtenstein+++++ TIFF +++++[1] OJ L 188, 20.7.2007, p. 19.[2] OJ L 349, 25.11.2004, p. 1.[3] OJ L 281, 23.11.1995, p. 31.[4] OJ L 8, 12.1.2001, p. 1.[5] OJ L 199, 31.7.2007, p. 30.--------------------------------------------------ANNEXProtocol on the Privileges and Immunities of the European CommunitiesTHE HIGH CONTRACTING PARTIES,CONSIDERING that, in accordance with Article 28 of the Treaty establishing a Single Council and a Single Commission of the European Communities, these Communities and the European Investment Bank shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of their tasks,HAVE AGREED upon the following provisions, which shall be annexed to this Treaty:CHAPTER IPROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE EUROPEAN COMMUNITIESArticle 1The premises and buildings of the Communities shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation. The property and assets of the Communities shall not be the subject of any administrative or legal measure of constraint without the authorisation of the Court of Justice.Article 2The archives of the Communities shall be inviolable.Article 3The Communities, their assets, revenues and other property shall be exempt from all direct taxes. The governments of the Member States shall, wherever possible, take the appropriate measures to remit or refund the amount of indirect taxes or sales taxes included in the price of movable or immovable property, where the Communities make, for their official use, substantial purchases the price of which includes taxes of this kind. These provisions shall not be applied, however, so as to have the effect of distorting competition within the Communities.No exemption shall be granted in respect of taxes and dues which amount merely to charges for public utility services.Article 4The Communities shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for their official use; articles so imported shall not be disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the government of that country.The Communities shall also be exempt from any customs duties and any prohibitions and restrictions on import and exports in respect of their publications.Article 5The European Coal and Steel Community may hold currency of any kind and operate accounts in any currency.CHAPTER IICOMMUNICATIONS AND LAISSEZ-PASSERArticle 6For their official communications and the transmission of all their documents, the institutions of the Communities shall enjoy in the territory of each Member State the treatment accorded by that State to diplomatic missions.Official correspondence and other official communications of the institutions of the Communities shall not be subject to censorship.Article 71. Laissez-passer in a form to be prescribed by the Council, which shall be recognised as valid travel documents by the authorities of the Member States, may be issued to members and servants of the institutions of the Communities by the Presidents of these institutions. These laissez-passer shall be issued to officials and other servants under conditions laid down in the Staff Regulations of officials and the Conditions of Employment of other servants of the Communities. The Commission may conclude agreements for these laissez-passer to be recognised as valid travel documents within the territory of third countries.2. The provisions of Article 6 of the Protocol on the Privileges and Immunities of the European Coal and Steel Community shall, however, remain applicable to members and servants of the institutions who are at the date of entry into force of this Treaty in possession of the laissez-passer provided for in that Article, until the provisions of paragraph 1 of this Article are applied.CHAPTER IIIMEMBERS OF THE EUROPEAN PARLIAMENTArticle 8No administrative or other restriction shall be imposed on the free movement of Members of the European Parliament travelling to or from the place of meeting of the European Parliament.Members of the European Parliament shall, in respect of customs and exchange control, be accorded:(a) by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary official missions;(b) by the government of other Member States, the same facilities as those accorded to representatives of foreign governments on temporary official missions.Article 9Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties.Article 10During the sessions of the European Parliament, its Members shall enjoy:(a) in the territory of their own State, the immunities accorded to members of their parliament;(b) in the territory of any other Member State, immunity from any measure of detention and from legal proceedings.Immunity shall likewise apply to Members while they are travelling to and from the place of meeting of the European Parliament.Immunity cannot be claimed when a Member is found in the act of committing an offence and shall not prevent the European Parliament from exercising its right to waive the immunity of one of its Members.CHAPTER IVREPRESENTATIVES OF MEMBER STATES TAKING PART IN THE WORK OF THE INSTITUTIONS OF THE EUROPEAN COMMUNITIESArticle 11Representatives of Member States taking part in the work of the institutions of the Communities, their advisers and technical experts shall, in the performance of their duties and during their travel to and from the place of meeting, enjoy the customary privileges, immunities and facilities.This Article shall also apply to members of the advisory bodies of the Communities.CHAPTER VOFFICIALS AND OTHER SERVANTS OF THE EUROPEAN COMMUNITIESArticle 12In the territory of each Member State and whatever their nationality, officials and other servants of the Communities shall:(a) subject to the provisions of the Treaties relating, on the one hand, to the rules on the liability of officials and other servants towards the Communities and, on the other hand, to the jurisdiction of the Court in disputes between the Communities and their officials and other servants, be immune from legal proceedings in respect of acts performed by them in their official capacity, including their words spoken or written. They shall continue to enjoy this immunity after they have ceased to hold office;(b) together with their spouses and dependent members of their families, not be subject to immigration restrictions or to formalities for registration of aliens;(c) in respect of currency or exchange regulations, be accorded the same facilities as are customarily accorded to officials of international organisations;(d) enjoy the right to import free of duty their furniture and effects at the time of first taking up their post in the country concerned, and the right to re-export free of duty their furniture and effects, on termination of their duties in that country, subject in either case to the conditions considered to be necessary by the government of the country in which this right is exercised;(e) have the right to import free of duty a motor car for their personal use, acquired either in the country of their last residence or in the country of which they are nationals on the terms ruling in the home market in that country, and to re-export it free of duty, subject in either case to the conditions considered to be necessary by the government of the country concerned.Article 13Officials and other servants of the Communities shall be liable to a tax for the benefit of the Communities on salaries, wages and emoluments paid to them by the Communities, in accordance with the conditions and procedure laid down by the Council, acting on a proposal from the Commission.They shall be exempt from national taxes on salaries, wages and emoluments paid by the Communities.Article 14In the application of income tax, wealth tax and death duties and in the application of conventions on the avoidance of double taxation concluded between Member States of the Communities, officials and other servants of the Communities who, solely by reason of the performance of their duties in the service of the Communities, establish their residence in the territory of a Member State other than their country of domicile for tax purposes at the time of entering the service of the Communities, shall be considered, both in the country of their actual residence and in the country of domicile for tax purposes, as having maintained their domicile in the latter country provided that it is a member of the Communities. This provision shall also apply to a spouse, to the extent that the latter is not separately engaged in a gainful occupation, and to children dependent on and in the care of the persons referred to in this Article.Movable property belonging to persons referred to in the preceding paragraph and situated in the territory of the country where they are staying shall be exempt from death duties in that country; such property shall, for the assessment of such duty, be considered as being in the country of domicile for tax purposes, subject to the rights of third countries and to the possible application of provisions of international conventions on double taxation.Any domicile acquired solely by reason of the performance of duties in the service of other international organisations shall not be taken into consideration in applying the provisions of this Article.Article 15The Council shall, acting unanimously on a proposal from the Commission, lay down the scheme of social security benefits for officials and other servants of the Communities.Article 16The Council shall, acting on a proposal from the Commission and after consulting the other institutions concerned, determine the categories of officials and other servants of the Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 shall apply, in whole or in part.The names, grades and addresses of officials and other servants included in such categories shall be communicated periodically to the governments of the Member States.CHAPTER VIPRIVILEGES AND IMMUNITIES OF MISSIONS OF THIRD COUNTRIES ACCREDITED TO THE EUROPEAN COMMUNITIESArticle 17The Member State in whose territory the Communities have their seat shall accord the customary diplomatic immunities and privileges to missions of third countries accredited to the Communities.CHAPTER VIIGENERAL PROVISIONSArticle 18Privileges, immunities and facilities shall be accorded to officials and other servants of the Communities solely in the interests of the Communities.Each institution of the Communities shall be required to waive the immunity accorded to an official or other servant wherever that institution considers that the waiver of such immunity is not contrary to the interests of the Communities.Article 19The institutions of the Communities shall, for the purpose of applying this Protocol, cooperate with the responsible authorities of the Member States concerned.Article 20Articles 12 to 15 and Article 18 shall apply to Members of the Commission.Article 21Articles 12 to 15 and Article 18 shall apply to the Judges, the Advocates-General, the Registrar and the Assistant Rapporteurs of the Court of Justice and to the Members and Registrar of the Court of First Instance, without prejudice to the provisions of Article 3 of the Protocol on the Statute of the Court of Justice relating to immunity from legal proceedings of Judges and Advocates-General.Article 22This Protocol shall also apply to the European Investment Bank, to the members of its organs, to its staff and to the representatives of the Member States taking part in its activities, without prejudice to the provisions of the Protocol on the Statute of the Bank.The European Investment Bank shall in addition be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the Bank has its seat. Similarly, its dissolution or liquidation shall not give rise to any imposition. Finally, the activities of the Bank and of its organs carried on in accordance with its Statute shall not be subject to any turnover tax.Article 23This Protocol shall also apply to the European Central Bank, to the members of its organs and to its staff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and the European Central Bank.The European Central Bank shall, in addition, be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the bank has its seat. The activities of the Bank and of its organs carried on in accordance with the Statute of the European System of Central Banks and of the European Central Bank shall not be subject to any turnover tax.The above provisions shall also apply to the European Monetary Institute. Its dissolution or liquidation shall not give rise to any imposition.--------------------------------------------------Appendix to the AnnexProcedure for application in Switzerland of the Protocol on Privileges and Immunities1. Extension of application to SwitzerlandReferences in the Protocol on the Privileges and Immunities of the European Communities (hereinafter referred to as "the Protocol") to "Member States" shall be understood to apply equally to Switzerland, unless the following provisions determine otherwise.2. Exemption of the Agency from indirect taxation (including VAT)Goods and services exported from Switzerland shall not be subject to Swiss value added tax (VAT). In the case of goods and services provided to the Agency in Switzerland for its official use, in accordance with the second paragraph of Article 3 of the Protocol, exemption from VAT shall be granted by way of refund. Exemption from VAT shall be granted if the actual purchase price of the goods and services mentioned in the invoice or equivalent document totals at least 100 Swiss francs (inclusive of tax).The VAT refund shall be granted on presentation to the Federal Tax Administration’s VAT Main Division of the Swiss forms provided for the purpose. As a rule, refund applications shall be processed within the three months following the date on which they were lodged together with the necessary supporting documents.3. Procedure for the application of the rules relating to the Agency’s staffAs regards the second paragraph of Article 13 of the Protocol, Switzerland shall exempt, according to the principles of its national law, officials and other servants of the Agency within the meaning of Article 2 of Regulation (Euratom, ECSC, EEC) No 549/69 of the Council of 25 March 1969 (OJ L 74, 27.3.1969, p. 1) from federal, cantonal and communal taxes on salaries, wages and emoluments paid to them by the Community and subject to an internal tax for its own benefit.Switzerland shall not be considered as a Member State within the meaning of point 1 above for the purposes of application of Article 14 of the Protocol.Officials and other servants of the Agency and members of their families who are members of the social insurance system applicable to officials and other servants of the Community shall not be under any obligation to be members of the Swiss social security system.The Court of Justice of the European Communities shall have exclusive jurisdiction in any matters concerning relations between the Agency or the Commission and its staff with regard to application of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 (OJ L 56, 4.3.1968, p. 1) and the other provisions of Community law laying down working conditions.--------------------------------------------------JOINT DECLARATION BY THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF THE SWISS CONFEDERATION AND THE GOVERNMENT OF THE PRINCIPALITY OF LIECHTENSTEIN CONCERNING THE ARRANGEMENT ON THE MODALITIES OF THE PARTICIPATION BY THE SWISS CONFEDERATION AND THE PRINCIPALITY OF LIECHTENSTEIN IN THE EUROPEAN AGENCY FOR THE MANAGEMENT OF OPERATIONAL COOPERATION AT THE EXTERNAL BORDERS OF THE MEMBER STATES OF THE EUROPEAN UNIONThe European Community,the Government of the Swiss Confederationandthe Government of the Principality of Liechtenstein,Having concluded the Arrangement on the modalities of the participation by the Swiss Confederation and the Principality of Liechtenstein in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union in accordance with Article 21(3) of Council Regulation (EC) No 2007/2004,Hereby jointly declare that:The voting rights provided for in the Arrangement are justified by the special relations with Switzerland and Liechtenstein flowing from the association of these States with the implementation, application and development of the Schengen acquis.Those voting rights are of an exceptional nature attributable to the specific nature of the Schengen cooperation and the special position of Switzerland and Liechtenstein.They may therefore not be regarded as a legal or political precedent for any other field of cooperation between the parties to the Arrangement or for the participation of other third countries in other agencies of the Union.In no circumstances may these voting rights be exercised in respect of decisions of a regulatory or legislative nature.--------------------------------------------------JOINT DECLARATION BY THE CONTRACTING PARTIES ON THE APPLICATION OF THE PROVISIONS ON THE CIVIL LIABILITYIn case where a rapid border intervention team is deployed within the framework of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, Article 10(4) of Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers shall apply as regards civil liability.--------------------------------------------------