CELEX: 52012PC0244
Language: en
Date: 2012-06-01
Title: Proposal for a COUNCIL DECISION on the signing of an Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws

|
			
		
		
		52012PC0244
		
			Proposal for a COUNCIL DECISION on the signing of an Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws /* COM/2012/0244 final - 2012/0126 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
(1)                   
The European Union has concluded bilateral
cooperation agreements in order to structure and facilitate the cooperation
between the Commission and foreign competition authorities. There are four such
agreements, with the US[1]
(1991), Canada[2]
(1999), Japan[3]
(2003) and South Korea (2009)[4].
All these agreements are so-called "first generation" agreements;
they contain various instruments of cooperation in the area of competition
policy but exclude the exchange of evidence. These agreements can be regarded
as successful. Their main benefit is that they put case related cooperation and
the policy dialogue into a structured framework and thereby contribute to a
more efficient competition law enforcement.
(2)                   
However, these existing cooperation agreements
expressly exclude the exchange of protected or confidential information. This
means in practice that no information obtained through the formal investigative
process can be shared with the other authority without the specific consent
("waivers") of the company that provided the information. The absence
of any possibility to exchange confidential or protected information under a
"first generation" cooperation agreement is regarded as the major
deficiency of this type of agreements, especially in cartel investigations.[5]
(3)                   
The EU and Switzerland are two very important
economic partners, whose economies are deeply integrated. As a result, many
anticompetitive practices have cross border effects on trade between the EU and
Switzerland. Many cases dealt with by the Commission concern practices which
involve Swiss firms and/or affect the Swiss market. Similarly, there is clear
evidence showing that certain anticompetitive practices taking place in
Switzerland, and especially cartels, also affect the EU markets. The Swiss
Competition Commission and the Commission have already cooperated in a certain
number of cases outside the framework of a formal agreement. As in the case of
"first generation" agreements, this cooperation is significantly
limited by the fact that they cannot exchange confidential information.
(4)                   
This agreement between the EU and the Swiss
Confederation concerning cooperation on the application of their competition
laws addresses this limitation by allowing the Commission and the Swiss
Competition Commission to exchange confidential information. Like the
"first generation" agreements concluded so far, this agreement will
help to structure cooperation and a policy dialogue on competition matters with
the Swiss authorities. By including the possibility to exchange, subject to
specific conditions, confidential information between the competition agencies
of both Parties, the Agreement will also enable the Commission to benefit from
the results of information gathered by the Swiss Competition Commission.
(5)                   
The implementation of this agreement will be
facilitated by the already existing convergence between the two competition
enforcement systems. EU and Swiss substantive rules are very similar, which
means that the Commission and the Swiss authority are more likely to
investigate the same practices and to have information that is relevant to the
other party's investigation. They also have similar investigative powers. As a
result, the type and scope of information that they may collect and share is
equivalent. Both enforcement systems foresee comparable sanctions: they impose
administrative sanctions on undertakings only and individuals can neither be
prosecuted nor be fined. Furthermore, both systems recognise similar procedural
rights of the parties and the rights of legal privilege and non
self-incrimination.
(6)                   
On 26 November 2011, the Council authorised the
Commission to negotiate this agreement with the Swiss Confederation. After ten
rounds of negotiations, the negotiations were completed on 7 December 2011. The
agreement addresses all the elements of the Council negotiation directives.
(7)                   
First, this agreement contains the provisions
that are found in the cooperation agreements that have been concluded so far
with the US, Canada, Japan and Korea. It contains provisions on the
notification of enforcement activities which significantly affect the important
interest of the other party; provisions organising the practical cooperation
between the Commission and the Swiss Competition Commission and provisions on negative
and positive comity.
(8)                   
Secondly, the agreement regulates the discussion
and transmission of information between the Commission and the Swiss
Competition Commission. It authorises the Commission and the Swiss Competition
to discuss information obtained by investigative process. Furthermore, both
authorities may under certain conditions transmit information already in their
possession and obtained by investigative process to the other authority. They
can only do so when they investigate the same or related conduct or
transaction. The agreement provides that they cannot discuss or transmit
information which was received under their respective leniency or settlement
procedures, without the prior express agreement of the source. Nor can they
exchange information if using such information would be prohibited under the
procedural rights and privileges guaranteed under their respective laws. The
decision to transmit information is always in the discretion of the
transmitting authority; there is no obligation to do so.
(9)                   
In line with the negotiation directives, the
agreement lays down rules regarding the use of the information thus discussed
or transmitted. The information obtained by investigative process which is
discussed or transmitted under the agreement can only be used by the receiving
authority for the enforcement of its competition rules to the same or related
conduct or transaction, and for the purpose of the relevant request, when
applicable. In addition, no information discussed or transmitted shall be used
to impose any type of sanctions, whether custodial or not, on natural persons.
(10)               
The agreement also contains provisions on the
protection of the information discussed or transmitted: The Commission and the
Swiss Competition Commission must keep this information confidential under
their own rules. On this point, the Commission is satisfied that the Swiss
rules on confidentiality are comparable to the EU ones and therefore that
business secrets and other confidential information that it may transmit to the
Swiss Competition Commission will enjoy an adequate level of protection. When
implementing this agreement, both authorities shall also ensure the protection
of personal data, under their respective laws on personal data. The Swiss rules
can be considered to be equivalent; the Commission has taken a decision
concluding that Switzerland generally provides an adequate level of protection
for personal data transferred from the EU.[6]
(11)               
Finally, the agreement allows the disclosure of
information transmitted under the agreement in certain limited circumstances,
such as for the procedure of access to file, for court procedures, and to
national competition authorities and the EFTA Surveillance Authority, when
disclosure of important documents to these agencies is required for the
adoption of a Commission decision.
2012/0126 (NLE)
Proposal for a
COUNCIL DECISION
on the signing of an Agreement between the
European Union and the Swiss Confederation concerning cooperation on the
application of their competition laws
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the European
Union,
Having regard to the Treaty on the
Functioning of the European Union, and in particular the first subparagraph of
Article 207(3), in conjunction with Article 218(5) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       On 26 November 2010
the Council authorised the Commission to open negotiations with the Swiss
Confederation .
(2)       The negotiations with the Swiss
Confederation have been completed. 
(3)       The Agreement should be
signed subject to its conclusion,
HAS
ADOPTED THIS DECISION:
Article 1
The signing of the Agreement between the
European Union and the Swiss Confederation concerning cooperation on the
application of their competition laws is hereby authorised on behalf of the
Union, subject to the conclusion of the said Agreement[7]. 
Article 2
The President of the Council is hereby
authorised to designate the person empowered to sign the Agreement on behalf of
the Union subject to its conclusion.
Article 3
This
Decision shall enter into force on the date of its adoption. 
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX
Agreement between the European Union and
the Swiss Confederation concerning cooperation on the application of their
competition laws
The Swiss Confederation (hereinafter
referred to as "Switzerland") of the one part, and the European Union (hereinafter referred to as "the Union") of the other part, hereinafter referred to as "Party" or
"Parties";
Considering the close relations between
Switzerland and the Union and recognising that cooperation on addressing
anticompetitive activities will contribute to improving and strengthening their
relationship;
Noting that the sound and effective
enforcement of competition law is a matter of importance to the efficient
operation of their respective markets, as well as to economic welfare of consumers of both Parties and
trade between them;
Bearing in mind that the Swiss and the
Union competition enforcement systems are based on the same principles and
provide for similar rules;
Noting the revised
Recommendation of the Council of the Organization for Economic Cooperation and
Development Concerning Cooperation between Member Countries on Anticompetitive
Practices Affecting International
Trade, adopted on July 27 and 28, 1995;
Recognizing that cooperation and
coordination, including the exchange of information and in particular the
transmission of information that has been obtained by the Parties in the course
of their investigative processes, will contribute to a more effective
enforcement of the competition laws of both Parties.
Have agreed as follows:
Article I – Purpose
The purpose of this Agreement is to
contribute to the effective enforcement of the competition laws of each Party
through cooperation and coordination, including the exchange of information,
between the competition authorities of the Parties and to avoid or lessen the
possibility of conflicts between the Parties in all matters concerning the
application of the competition laws of each Party.
Article II- Definitions
For the purpose of this Agreement, the
following terms shall have the following definitions:
(1)                   
"competition authority" and
"competition authorities" of the Parties mean
(a)         
for the Union, the European Commission, as to
its responsibilities pursuant to the competition laws of the Union; and
(b)         
for Switzerland, the Competition Commission and
its Secretariat.
(2)                   
"competent authority of a Member
State" means the authority of each Member State of the Union competent for
the application of competition laws. Upon signature of this Agreement a list of
such authorities will be notified by the Union to Switzerland. The European
Commission will notify to the Competition Commission an updated list each time
a change occurs.
(3)                   
"competition laws" means:
(a)         
for the Union, Articles 101, 102, and 105 of the
Treaty on the functioning of the European Union, Council Regulation (EC) No
139/2004 on the control of concentrations between undertakings, Articles 53 and
54 of the Agreement on the European Economic Area when used in conjunction with
Articles 101 and 102 of the Treaty on the functioning of the European Union,
and their implementing regulations as well as any amendments thereto; and
(b)         
for Switzerland, the
Federal Act on Cartels and other Restraints of Competition of 6 October 1995
(hereinafter referred to as "Acart"), and its
implementing regulations as well as any amendments thereto;
(4)                   
"anticompetitive activities" means any
activities that may be subject to a prohibition, sanctions or other relief
measures by competition authorities under the competition laws of one of the
Parties or both Parties.
(5)                   
"enforcement activities" means any
application of competition laws by way of investigation or proceedings
conducted by the competition authority of a Party;
(6)                   
"Information obtained by investigative
process" means any information obtained by a Party using its formal
investigative rights or submitted to a Party pursuant to a legal obligation.
(a)         
for the Union, this means information obtained
through requests for information according to Article 18 of Council Regulation
(EC) No. 1/2003, oral statements according to article 19 of Council Regulation
(EC) No. 1/2003 and inspections conducted by the Commission or on behalf of the
Commission according to Articles 20, 21 or 22 of Council Regulation (EC) No.
1/2003 or information acquired as a result of the application of Council
Regulation No 139/2004 the control of concentrations between undertakings.
(b)         
for Switzerland, this means information obtained
through requests for information according to Article 40 Acart, oral statements
according to Article 42 para. 1 Acart and inspections conducted by the
Competition authorities according to Article 42 para. 2 Acart or information
acquired as a result of the application of the Ordinance on the Control of
Concentrations of Undertakings.
(7)                   
"Information obtained under the leniency
procedure" means:
(a)         
for the Union, information obtained pursuant to
the Commission notice on immunity from fines and reduction of fines in cartel
cases.
(b)         
for Switzerland, information obtained pursuant
to Article 49a para. 2 Acart and Articles 8 to 14 of Ordinance on Sanctions
imposed for Unlawful Restraints of Competition.
(8)                   
"Information obtained under the settlement
procedure" means:
(a)         
for the Union, information obtained pursuant to Article 10a of Commission Regulation (EC) No. 773/2004.
(b)         
for Switzerland, information obtained pursuant
to Article 29 Acart.
Article III – Notifications
(1)                   
The competition authority of a Party shall
notify in writing the competition authority of the other Party with respect to
enforcement activities that the notifying competition authority considers may
affect important interests of the other Party. Notifications pursuant to this
Article may be made by electronic means.
(2)                   
Enforcement activities that may affect important
interests of the other Party include in particular:
(a)         
Enforcement activities concerning
anticompetitive activities other than concentrations against an undertaking
incorporated or organised under the laws and regulations applicable in the territory
of the other Party;
(b)         
Enforcement activities which involve conduct
believed to have been encouraged, required or approved by the other Party; 
(c)         
Enforcement activities which involve a
concentration in which one or more parties to the transaction is an undertaking
incorporated or organised under the laws and regulations applicable in the
territory of the other Party;
(d)         
Enforcement activities which involve a
concentration in which an undertaking controlling one or more of the parties to
the transaction is incorporated or organised under the laws and regulations
applicable in the territory of the other Party;
(e)         
Enforcement activities against anticompetitive
activities other than concentrations which also take place or took place in
significant part in the territory of the other Party; and
(f)           
Enforcement activities which involve remedies
that expressly require or prohibit conduct in the territory of the other Party
or contain binding obligations for the undertakings in that territory;
(3)                   
Notifications pursuant to paragraph 1 with
respect to concentrations shall be given:
(a)         
in the case of the Union, when initiating
proceedings pursuant to Article 6(1)c of Council Regulation (EC) No. 139/2004;
(b)         
in the case of Switzerland, when initiating a
proceeding pursuant to Article 33 Acart.
(4)                   
Notification pursuant to paragraph 1 with
respect to matters other than concentrations shall be given:
(a)         
in the case of the Union, when initiating a proceeding referred to in
Article 2 of Commission Regulation (EC) No. 773/2004;
(b)         
in the case of Switzerland, when initiating a
proceeding pursuant to Article 27 Acart.
(5)                   
Notifications shall include in particular the
names of the parties to the investigation, the activities under examination and
the markets they relate to, the relevant legal provisions and the date of the
enforcement activities.
Article IV - Coordination of enforcement
activities
(1)                   
Where the competition authorities of both
Parties are pursuing enforcement activities with regard to related matters,
they may coordinate their enforcement activities. They may in particular
coordinate the timing of their inspections.
(2)                   
In considering whether particular enforcement
activities may be coordinated, the competition authorities of the Parties shall
take into account in particular the following factors:
(a)         
the effect of such coordination on the ability
of the competition authorities of both Parties to achieve the objectives of their enforcement
activities;
(b)         
the relative abilities of the competition
authorities of the Parties to
obtain information necessary to conduct the enforcement activities;
(c)         
the possibility of avoiding conflicting
obligations and unnecessary burdens for the undertakings subject to the
enforcement activities;
(d)         
the opportunity to make more efficient use of
their resources.
(3)                   
Subject to appropriate notice to the competition
authority of the other Party, the competition authority of either Party may, at
any time, limit the coordination of enforcement activities and proceed
independently on a specific enforcement activity.
Article V - Conflict avoidance (Negative
Comity)
(1)                   
The competition authorities of both Parties
shall give careful consideration to the important interests of the other Party
throughout all phases of their enforcement activities, including decisions
regarding the initiation of enforcement activities, the scope of enforcement
activities and the nature of sanctions or other relief sought in each case.
(2)                   
If a specific enforcement activity envisaged by
a competition authority of one Party may affect important interests of the
other Party, the former, without prejudice to its full discretion, shall use
its best endeavours:
(a)         
to provide to the
competition authority of the other Party timely notice
of significant developments relating to the interests of the latter Party,
(b)         
to give the competition authority of the other
Party an opportunity to provide comments, and
(c)         
to take into consideration the comments of the competition authority of the other
Party, while fully respecting the independence of the competition authority of
either Party to make its own decision.
The application of this paragraph is without
prejudice to the obligations of the competition authorities of the Parties
under paragraphs 3 and 4 of Article III.
(3)                   
Where the competition authority of either Party
considers that its enforcement activities may adversely affect important
interests of the other Party, it shall use its best endeavours to seek an
appropriate accommodation of the respective interests. In seeking such
accommodation, the competition authority of the Party concerned should consider
the following factors, in addition to any other factor that may be relevant in
the circumstances:
(a)         
the relative significance of the actual or
potential effects of the anticompetitive activities on the enforcing Party’s
important interests as compared to the effects on the other Party’s important
interests;
(b)         
the relative significance to the anticompetitive
activities of conduct or transactions occurring within the territory of one
Party as compared to conduct or transactions occurring within the territory of
the other Party;
(c)         
the extent to which enforcement activities by
the other Party with respect to the same undertakings would be affected;
(d)         
the extent to which undertakings will be placed
under conflicting requirements by both Parties.
Article VI - Positive comity
(1)                   
If the competition authority of a Party believes
that anticompetitive activities carried out in the territory of the other Party
may adversely affect the important interests of the former Party, such
competition authority, taking into account the importance of avoiding conflicts
regarding jurisdiction and taking into account that the competition authority
of the other Party may be in a position to conduct more effective enforcement
activities with regard to such anticompetitive activities, may request that the
competition authority of the other Party initiate or expand appropriate
enforcement activities.
(2)                   
The request shall be as specific as possible
about the nature of the anticompetitive activities and their actual or
potential effect on the important interests of the Party of the requesting
competition authority, and shall include an offer of such further information
and other cooperation as the requesting competition authority is able to
provide.
(3)                   
The requested competition authority shall
carefully consider whether to initiate enforcement activities, or whether to
expand ongoing enforcement activities, with respect to the anticompetitive
activities identified in the request. The requested competition authority shall
inform the requesting competition authority of its decision as soon as
practically possible. If enforcement activities are initiated or expanded, the
requested competition authority shall inform the requesting competition
authority of their outcome and, to the extent possible, of significant interim
developments.
(4)                   
Nothing in this Article limits the discretion of
the requested Party's competition authority under its competition laws and
enforcement policies as to whether or not to undertake enforcement activities
with respect to the anticompetitive activities identified in the request, or
precludes the requesting Party's competition authority from withdrawing its
request.
Article VII - Exchange of information
(1)                   
In order to achieve the purpose of this
Agreement as set out in Article I, the competition authorities of the Parties
may share views and exchange information related to the application of their
respective competition laws as provided for in this Article and in Articles
VIII, IX and X.
(2)                   
The competition authorities of the Parties may
discuss any information, including information obtained by investigative
process, as necessary to carry out the cooperation and coordination provided
for under this Agreement.
(3)                   
The competition authorities of the Parties may
transmit information in their possession to each other when the undertaking
which provided the information has given its express consent in writing. When such information contains personal
data, this personal data may only be transmitted
when the competition authorities of the Parties are investigating the same or
related conduct or transaction. Paragraph 3 of Article IX otherwise applies.
(4)                   
In the absence of a consent as referred to in
paragraph 3, a competition authority may, upon request, transmit for the use as
evidence, information obtained by investigative process that is already in its
possession to the other competition authority, subject to the following
conditions:
(a)         
Information obtained by investigative process
may only be transmitted where both competition authorities are investigating
the same or related conduct or transaction;
(b)         
the request for such information shall be made
in writing and shall include a general description of the subject matter and
nature of the investigation or proceedings to which the request relates and the
specific legal provisions involved. It shall also identify the undertakings
subject to the investigation or procedure whose identity is available at the
time of the request; and
(c)         
the competition authority receiving the request
shall determine, in consultation with the requesting competition authority what
information in its possession is relevant and may be transmitted.
(5)                   
Neither competition authority is required to
discuss or transmit information obtained by investigative process to the other
competition authority, in particular if it would be incompatible with its
important interests or unduly burdensome.
(6)                   
The competition authorities of the Parties shall
not discuss nor transmit to each other information obtained under the Parties'
leniency or settlement procedures, unless the undertaking which provided the
information has given its express consent in writing.
(7)                   
The competition authorities of the Parties shall
not discuss, request or transmit information obtained by investigative process
if using such information would be prohibited under the procedural rights and
privileges guaranteed under the respective laws of the Parties for their
enforcement activities, including the right against self-incrimination and the
legal professional privilege.
(8)                   
If a competition authority of one of the Parties
becomes aware that any document transmitted under this article contains
incorrect information, it shall immediately inform the other competition
authority which shall correct it or remove it.
Article VIII –
Use of discussed or transmitted information
(1)                   
Information that a Party's competition authority
discusses with or transmits to the other Party's competition authority under
this Agreement shall be used only for the purpose of enforcing that Party's
competition laws by its competition authority.
(2)                   
Information obtained by investigative process
and discussed with or transmitted to the other Party's competition authority
under this Agreement shall only be used by the receiving competition authority
for the enforcement of its competition laws with regard to the same or related
conduct or transaction.
(3)                   
Information transmitted under Article 7(4) shall
only be used by the receiving competition authority for the purpose defined in
the request.
(4)                   
No information discussed or transmitted under
this Agreement shall be used to impose sanctions on natural persons.
(5)                   
A competition authority may require that
information transmitted pursuant to this Agreement shall be used subject to the
terms and conditions it specifies. The competition authority receiving the
information shall not use it in a manner contrary to such terms and conditions
without the prior consent of the other competition authority.
Article IX- Protection and
confidentiality of information
(1)                   
The competition authorities of the Parties shall
treat the fact that a request has been made or received as confidential.
Information obtained pursuant to this Agreement shall be kept confidential by
the receiving competition authority according to its respective legislation.
Both competition authorities shall in particular oppose any application of a
third party or another authority for disclosure of information received. This
does not prevent disclosure of such information for the purpose of:
(a)         
obtaining a court order in relation to the
public enforcement of the Party’s competition law(s);
(b)         
disclosure to undertakings which are subject to
an investigation or a procedure under the competition laws of the Parties and
against whom the information may be used, if such disclosure is required by the
law of the Party receiving the information; and
(c)         
disclosure to courts in appeal procedures;
(d)         
disclosure if and in so far as it is indispensable
for the exercise of the right of access to documents under the laws of a Party.
In such cases, the competition authority
receiving the information shall ensure that the protection of business secrets
remains fully guaranteed.
(2)                   
The Parties agree that if the competition
authority of a Party becomes aware that, despite its best efforts, information
has accidentally been used or disclosed in a manner contrary to the provisions
of this Article, it shall notify the competition authority of the other Party
forthwith. The Parties shall promptly consult on steps to minimise any harm
resulting from such use or disclosure and to ensure that such situation does not
recur.
(3)                   
The Parties shall ensure the protection of
personal data in accordance with their respective legislations.
Article X- Information of the competition authorities of the Member States and the EFTA Surveillance Authority
(1)                   
The European Commission, based on the Union's
competition laws or other international provisions relating to competition:
(a)         
may inform the competent authorities of a Member
State whose important interests are affected of the notifications sent to it by
the Swiss competition authority pursuant to article 3;
(b)         
may inform the competent authorities of a Member
State of the existence of any cooperation and coordination of enforcement
activities;
(c)         
may only disclose information transmitted by the
competition authority of Switzerland pursuant to Article VII of the Agreement,
to the competent authorities of the Member States in order to fulfil its
obligation of information under Articles 11 and 14 of Council Regulation (EC)
No 1/2003 and on Article 19 of Council Regulation (EC) No 139/2004,
(d)         
may only disclose information transmitted by the
competition authority of Switzerland pursuant to Article VII of the Agreement
to the EFTA Surveillance Authority in order to fulfil its obligations of
information under Articles 6 and 7 of the Protocol 23 of the EEA Agreement
concerning the cooperation between the surveillance authorities.
(2)                   
Information, other than publicly available
information, communicated to the competent authorities of the Member State and
to the EFTA Surveillance Authority pursuant to subparagraphs (a), (b) (c) and
(d) above shall not be used for any purpose other than enforcement of the
Union’s competition laws by the European Commission, and shall not be
disclosed.
Article XI - Consultation
(1)                   
The Parties shall consult with each other, upon
request of either Party, on any matter which may arise in the implementation of
this Agreement. Upon request of either Party, the Parties shall consider
reviewing the operation of this Agreement and examine the possibility of
further developing their cooperation.
(2)                   
The Parties shall as soon as possible inform
each other of any amendment of their competition laws, as well as of any
amendment of other laws and regulations and of any change in the enforcement
practice of their competition authorities that may affect the operation of this
Agreement. Upon request of either Party, the Parties shall hold consultations
in order to assess the specific implications of such amendment or change for
this Agreement, and in particular to determine whether this Agreement should be
amended pursuant to paragraph 2 of Article XIV.
(3)                   
The competition authorities of the Parties shall
meet on request from one of them, at appropriate level. At these meetings, they
may:
(a)         
inform each other on their current enforcement
efforts and priorities in relation to the competition laws of each Party;
(b)         
exchange views on economic sectors of common
interest;
(c)         
discuss policy issues of mutual interest; and
(d)         
discuss other matters of mutual interest
relating to the application of the competition laws of each Party.
Article XII - Communications
(1)                   
Unless otherwise agreed between the Parties or
their competition authorities, communications under this Agreement shall be
made in the English language.
(2)                   
Each competition authority shall designate a
contact point to facilitate communications between the Parties on any matter
relating to the implementation of the Agreement.
Article XIII –
Existing law
Nothing in this Agreement shall be
construed to prejudice the formulation or enforcement of the competition laws
of either Party.
Article XIV- Entry into force, amendment
and termination
(1)                   
This Agreement shall be approved by the Parties
in accordance with their own internal procedures. The Parties shall notify each
other of the completion of the respective procedures. This Agreement shall enter
into force on the first day of the second month following the date of the last
notification of approval.
(2)                   
The Parties may agree on any amendment to this
Agreement. Unless otherwise agreed upon, such amendment shall enter into force
through the same procedures as set forth in paragraph 1.
(3)                   
Either Party may terminate this Agreement at any
time by notifying the other in writing through diplomatic channels. In that
event, this Agreement shall cease to have effect six (6) months from the date
of receiving such a notification.
In WITNESS WHERE OF, the undersigned, being
duly authorized thereto by the respective Parties, have signed this Agreement.
Done in duplicate, at Brussels on ? 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.
FOR THE SWISS CONFEDERATION
FOR THE EUROPEAN UNION
[1]               Agreement between the European Community and the
Government of the United States of America regarding the application of their
competition laws, OJ L 95, 27.4.95, pp. 47 – 52 as corrected by OJ L 131,
15.6.95, pp. 38 – 39.
[2]               Agreement between the European Communities and the
Government of Canada regarding the application of their competition laws, OJ L
175, 10.07.1999.
[3]               Agreement between the European Community and the
Government of Japan concerning cooperation on anticompetitive activities, OJ L
183, 22/07/2003, p. 0012 – 0017.
[4]               Agreement between the European Community and the
Government of the Republic of Korea concerning cooperation on anticompetitive activities,
OJ L 202, 04.08.2009, p 36-41.
[5]               Cooperation between Competition Agencies in Cartel Investigations,
Report to the ICN Annual conference, Moscow, May 2007, p. 5.
[6]               The Commission took a decision concluding that the
Swiss rules on the protection of personal data are equivalent to the EU one:
Commission decision of 26 July 2000 on the adequate protection of personal data
provided in Switzerland, OJ 2000 L 215, p. 1).
[7]               The text of the Agreement will be published together
with the decision on its conclusion.