CELEX: 22010A0407(01)
Language: en
Date: 2010-02-15 00:00:00
Title: Agreement between the European Union and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the Youth in Action programme and in the action programme in the field of lifelong learning (2007-2013)

7.4.2010              EN                               Official Journal of the European Union                                               L 87/9
                                                                    AGREEMENT
              between the European Union and the Swiss Confederation establishing the terms and conditions
              for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the
                                     action programme in the field of lifelong learning (2007-2013)
              THE EUROPEAN UNION, ereinafter referred to as ‘the Union’,
              of the one part, and
              THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,
              of the other part,
              together hereinafter referred to as ‘the Parties’,
              Whereas:
              (1)    The Joint Declaration attached to the seven agreements signed on 21 June 1999 between the European
                     Community and Switzerland provides for the future negotiation of an agreement for Switzerland’s participation
                     in training and youth programmes.
              (2)    The ‘Youth in Action’ programme for the period 2007 to 2013 and the action programme in the field of lifelong
                     learning were established respectively by Decision No 1719/2006/EC (1) and Decision No 1720/2006/EC (2) of the
                     European Parliament and of the Council of 15 November 2006.
              (3)    Article 5 of Decision No 1719/2006/EC and Article 7 of Decision No 1720/2006/EC provide for the participation
                     of Switzerland subject to the conclusion of a bilateral agreement with that country,
              HAVE AGREED ON THE FOLLOWING PROVISIONS:
                              Article 1                                        not wish to extend the cooperation. During the extension, Swit­
                                                                               zerland shall make an annual financial contribution identical to
Switzerland shall participate in the ‘Youth in Action’                         its financial contribution for 2013.
programme and in the action programme in the field of
lifelong learning (hereinafter referred to as ‘the Programmes’)
in accordance with the arrangements and conditions laid
down in this Agreement and in Annexes I, II and III, which                     This Agreement will not be extended in the event of termi­
form an integral part thereof.                                                 nation or denunciation of the Agreement of 21 June 1999
                                                                               between the European Community and its Member States, of
                                                                               the one part, and the Swiss Confederation, of the other, on the
                              Article 2
                                                                               Free Movement of Persons.
This Agreement shall apply to the territories to which the
Treaties on which the Union is founded are applicable, under
the conditions laid down in those Treaties, and to the territory
                                                                               Either the Union or Switzerland may terminate this Agreement
of Switzerland.
                                                                               by notifying the other Party of its decision. The Agreement shall
                                                                               cease to apply from the budget year following notification, if
                              Article 3                                        the latter is before 1 October. If not, it shall cease to apply from
                                                                               the second budget year following notification.
This Agreement is concluded for the duration of the
Programmes in progress. Nevertheless, without prejudice to
the second paragraph of this Article, if the Union decides to
extend the duration of the Programmes without changing them,                   The projects and activities financed in the budget years
this Agreement will also be automatically extended accordingly,                preceding that in which the Agreement ceases to apply shall
unless one of the Parties informs the other, within 30 days                    be continued until completion under the conditions laid down
following the decision to extend the Programmes, that it does                  in this Agreement and its Annexes and in accordance with the
                                                                               contractual provisions applying to these projects and activities.
(1) OJ L 327, 24.11.2006, p. 30.                                               The Parties shall settle by common consent any other conse­
(2) OJ L 327, 24.11.2006, p. 45.                                               quences of termination.
 ---pagebreak--- L 87/10              EN                         Official Journal of the European Union                                          7.4.2010
                            Article 4                                   Pending completion of the procedures referred to in the first
                                                                        paragraph, the Parties shall provisionally apply this Agreement
The representatives of the Commission and the representatives           for the activities financed under the general budget of the
of the national authority appointed as observers in the                 European Union of the year following its signature, and at
Programme committees shall consult with each other when                 the earliest under the 2011 budget, provided the conditions
necessary at the request of one of them on the activities               referred to under point 2 of Annex I are observed.
covered by this Agreement. Following these consultations, the
Joint Committee established under the Agreement of
21 June 1999 between the European Community and its
Member States, of the one part, and the Swiss Confederation,            In the event of one of the Parties notifying the other that it will
of the other, on the Free Movement of Persons shall be auth­            not ratify or conclude the signed Agreement, provisional appli­
orised to amend the Annexes to this Agreement, as a general             cation shall end from the budget year following notification.
rule by written procedure, if necessary, to take account of the         Notification terminating provisional application shall not affect
rules applying to the Programmes or the development of Swit­            the Parties’ obligations concerning the projects and activities
zerland’s take-up capacity. Amendments to the Annexes shall             financed under the general budget of the European Union of
enter into force the day after the adoption of the relevant             the year of notification, nor payment by Switzerland of its
decision by the Joint Committee. However, if the Parties agree          contribution for the year of notification.
to any changes in the provisions of this Agreement, these shall
enter into force after completion of the Parties’ respective
internal procedures.
                                                                                                    Article 6
                            Article 5
                                                                        This Agreement is drawn up in duplicate in the Bulgarian,
This Agreement shall be ratified or concluded by the Parties in         Czech, Danish, Dutch, English, Estonian, Finnish, French,
accordance with their respective internal procedures. It shall          German, Greek, Hungarian, Italian, Latvian, Lithuanian,
enter into force on the first day of the second month                   Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian,
following the date of the last notification by the Parties of           Spanish and Swedish languages, each of those texts being
the completion of their respective procedures.                          equally authentic.
 ---pagebreak--- 7.4.2010         EN                           Official Journal of the European Union         L 87/11
         Съставено в Брюксел на петнайсети февруари две хиляди и десета година.
         Hecho en Bruselas, el quince de febrero de dos mil diez.
         V Bruselu dne patnáctého února dva tisíce deset.
         Udfærdiget i Bruxelles den femtende februar to tusind og ti.
         Geschehen zu Brüssel am fünfzehnten Februar zweitausendzehn.
         Kahe tuhande kümnenda aasta veebruarikuu viieteistkümnendal päeval Brüsselis.
         Έγινε στις Βρυξέλλες, στις δέκα πέντε Φεβρουαρίου δύο χιλιάδες δέκα.
         Done at Brussels on the fifteenth day of February in the year two thousand and ten.
         Fait à Bruxelles, le quinze février deux mille dix.
         Fatto a Bruxelles, addì quindici febbraio duemiladieci.
         Briselē, divi tūkstoši desmitā gada piecpadsmitajā februārī.
         Priimta du tūkstančiai dešimtų metų vasario penkioliktą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizedik év február havának tizenötödik napján.
         Magħmul fi Brussell, fil-ħmistax-il jum ta’ Frar tas-sena elfejn u għaxra.
         Gedaan te Brussel, de vijftiende februari tweeduizend tien.
         Sporządzono w Brukseli dnia piętnastego lutego roku dwa tysiące dziesiątego.
         Feito em Bruxelas, em quinze de Fevereiro de dois mil e dez.
         Întocmit la Bruxelles, la cincisprezece februarie două mii zece.
         V Bruseli dňa pätnásteho februára dvetisícdesať.
         V Bruslju, dne petnajstega februarja leta dva tisoč deset.
         Tehty Brysselissä viidentenätoista päivänä helmikuuta vuonna kaksituhattakymmenen.
         Som skedde i Bryssel den femtonde februari tjugohundratio.
 ---pagebreak--- L 87/12         EN                       Official Journal of the European Union 7.4.2010
        За Европейския съюз
        Por la Unión Europea
        Za Evropskou unii
        For Den Europæiske Union
        Für die Europäische Union
        Euroopa Liidu nimel
        Για την Ευρωπαϊκή Ένωση
        For the European Union
        Pour l'Union européenne
        Per l'Unione europea
        Eiropas Savienības vārdā
        Europos Sajungos vardu
        Az Európai Unió részéről
        Għall-Unjoni Ewropea
        Voor de Europese Unie
        W imieniu Unii Europejskiej
        Pela União Europeia
        Pentru Uniunea Europeană
        Za Európsku úniu
        Za Evropsko unijo
        Euroopan unionin puolesta
        För Europeiska unionen
        За Конфедерация Швейцария
        Por la Confederación Suiza
        Za Švýcarskou konfederaci
        For Det Schweiziske Forbund
        Für die Schweizerische Eidgenossenschaft
        Šveitsi Konföderatsiooni nimel
        Για την Ελβετική Συνομοσπονδία
        For the Swiss Confederation
        Pour la Confédération suisse
        Per la Confederazione svizzera
        Šveices Konfederācijas vārdā
        Šveicarijos Konfederacijos vardu
        A Svájci Államszövetség részéről
        Għall-Konfederazzjoni Żvizzera
        Voor de Zwitserse Bondsstaat
        W imieniu Konfederacji Szwajcarskiej
        Pela Confederação Suíça
        Pentru Confederația Elvețiană
        Za Švajčiarskou konfederáciu
        Za Švicarsko konfederacijo
        Sveitsin valaliiton puolesta
        För Schweiziska edsförbundet
 ---pagebreak--- 7.4.2010          EN                               Official Journal of the European Union                                            L 87/13
                                                                   ANNEX I
         Terms and conditions for the participation of Switzerland in the ‘Youth in Action’ programme and in the action
                                                programme in the field of lifelong learning
         1. Switzerland shall participate in the ‘Youth in Action’ programme and in the action programme in the field of lifelong
            learning (hereinafter referred to as ‘the Programmes’) and, unless otherwise provided by this Agreement, this shall take
            place with due regard for the objectives, criteria, procedures and deadlines laid down by Decision
            No 13719/2006/EC and Decision No 1720/2006/EC.
         2. In accordance with the arrangements laid down in Article 8 of Decision No 1719/2006/EC and Article 6 of Decision
            No 1720/2006/EC, and in accordance with the Commission Decisions on the respective responsibilities of the
            Member States, the Commission and the National Agencies in the performance of the Programmes,
            Switzerland:
            — shall be responsible for establishing or designating, and monitoring, an appropriate structure (Swiss National
                Agency) for the coordinated management of the implementation of the Programmes’ actions at national level,
            — shall assume responsibility for the sound management by the Swiss National Agency of the appropriations paid to
                it as aid for projects, and
            — shall take any measures necessary to ensure the appropriate financing, auditing and financial monitoring of the
                Swiss National Agency, which shall receive from the Commission a contribution to its management and imple­
                mentation costs.
            Switzerland shall take all other necessary steps for the efficient running of the Programmes at national level.
         3. To participate in the Programmes, Switzerland shall make an annual financial contribution to the general budget of the
            European Union, in accordance with the arrangements set out in Annex II.
         4. The terms and conditions for the submission, assessment and selection of applications from eligible institutions,
            organisations and individuals from Switzerland shall be the same as those applicable to eligible institutions, organi­
            sations and individuals from the Union.
         5. With a view to ensuring the Union dimension of the Programmes, in order to be eligible for financial support from
            the Union, projects and activities will have to include at least one partner from one of the Member States of the
            Union.
         6. The percentage of the Swiss contribution referred to in point 3 that will be allocated to the measures which, according
            to the rules of the Programmes, have to be managed by the Swiss National Agency shall reflect the share of these
            measures in the budget of the Programmes at Union level. The contribution to the costs of the Swiss National Agency
            for the management and implementation of the Programmes shall be calculated in accordance with the criteria applied
            to the Member States of the Union.
         7. The Member States of the Union and Switzerland shall make every effort, within the framework of existing provisions,
            to facilitate the free movement and residence of students, teachers, trainees, instructors, university administrators,
            young people and other eligible persons moving between Switzerland and the Member States of the Union for the
            purpose of participating in activities covered by this Agreement.
         8. Without affecting the responsibilities of the Commission and the Court of Auditors of the European Union regarding
            the monitoring and evaluation of programmes, the participation of Switzerland in the Programmes shall be subject to
            constant monitoring by the Commission and Switzerland in partnership. Switzerland shall submit the necessary
            reports to the Commission and be involved in other specific measures taken by the Union in that context.
            The Commission’s Decisions regarding the respective responsibilities of the Member States, the Commission and the
            National Agencies in the performance of the Programmes and the common standards set out in the Guide for National
            Agencies, which will be annexed to contracts between the Commission and the Swiss National Agency, shall be
            applicable to relations between Switzerland, the Commission and the Swiss National Agency.
 ---pagebreak--- L 87/14          EN                              Official Journal of the European Union                                             7.4.2010
           Agreements between the Commission and the Swiss National Agency or Swiss beneficiaries and between the Swiss
           National Agency and Swiss beneficiaries shall be based on the relevant provisions of the Financial Regulation
           applicable to the general budget of the European Union and on the detailed rules for its implementation, in particular
           regarding grant awards and the conclusion of agreements. These provisions shall apply to Swiss participants in the
           same way as they apply to all participants in the Programmes.
           Additional rules concerning financial control, recovery and other antifraud measures are laid down in Annex III.
           In the event of irregularity, negligence or fraud attributable to the Swiss National Agency, if the Commission cannot
           fully recover the sums owed to it by the Swiss National Agency, the Swiss authorities shall be responsible for the funds
           not recovered.
        9. The language to be used in all contacts with the Commission, as regards the application process, contracts, reports to
           be submitted and other administrative arrangements for the Programmes, shall be one of the official languages of the
           institutions of the Union.
 ---pagebreak--- 7.4.2010          EN                             Official Journal of the European Union                                               L 87/15
                                                                  ANNEX II
         Switzerland’s financial contribution to the ‘Youth in Action’ programme and the action programme in the field
                                                            of lifelong learning
         1. Youth in Action
            Switzerland’s financial contribution to the general budget of the European Union for participating in the ‘Youth in
            Action’ programme shall be the following (in million euros):
                            Year 2011                               Year 2012                                Year 2013
                               1,7                                     1,8                                       1,9
         2. Action programme in the field of lifelong learning
            Switzerland’s financial contribution to the general budget of the European Union for participating in the action
            programme in the field of lifelong learning shall be the following (in million euros):
                            Year 2011                               Year 2012                                Year 2013
                              14,2                                    14,9                                      15,6
         3. Travel and subsistence expenses incurred by representatives and experts from Switzerland for taking part as observers
            in the work of the committees referred to in Article 9 of Decision No 1719/2006/EC and Article 10 of
            Decision No 1720/2006/EC or in other meetings related to the implementation of the Programmes shall be
            refunded by the Commission on the same basis and according to the same procedures as for the representatives
            and experts from the Member States of the Union.
         4. Following the entry into force or provisional application of this Agreement, and at the beginning of each subsequent
            year, the Commission shall send to Switzerland a request for funds corresponding to its contribution to each of the
            Programmes covered by this Agreement.
            Switzerland’s contribution shall be expressed and paid in euros.
            Switzerland shall pay its contribution before 1 March if the Commission’s request for funds arrives before 1 February
            or at the latest 30 days after the request for funds if it arrives after 1 February.
            Any delay in the payment of the contribution shall entail the payment of interest by Switzerland on the outstanding
            amount from the due date. The rate of such interest shall be the rate applied by the European Central Bank to its
            principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on
            the first calendar day of the month in which the due date falls, increased by three and a half percentage points.
 ---pagebreak--- L 87/16           EN                              Official Journal of the European Union                                              7.4.2010
                                                                  ANNEX III
                             FINANCIAL CONTROL, RECOVERY AND OTHER ANTIFRAUD MEASURES
          I. Audits and antifraud measures by the Union
             1. The Commission shall communicate directly with Programme participants established in Switzerland and with
                their subcontractors. These may submit directly to the Commission all relevant information and documentation
                which they are required to provide on the basis of the instruments referred to in this Agreement and of the
                contracts concluded to implement them.
             2. In accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation
                applicable to the general budget of the European Communities (1), as last amended by Regulation (EC, Euratom)
                No 1995/2006 of 13 December 2006 (2), and Commission Regulation (EC, Euratom) No 2342/2002 of
                23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom)
                No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3),
                as last amended by Regulation (EC, Euratom) No 478/2007 of 23 April 2007 (4), and with the other rules referred
                to in this Agreement, the grant agreements concluded with Programme beneficiaries established in Switzerland
                shall provide for financial or other audits to be conducted at any time on the premises of the beneficiaries or their
                subcontractors by Commission staff or by other persons mandated by the Commission.
                The accounts and operations of the Swiss National Agency may be checked by Commission staff or by other
                persons mandated by the Commission. These checks may also relate to the ability of the structure set up by
                Switzerland to apply the Programme rules referred to in the Agreement and to meet the requirements of sound
                financial management according to the criteria of the relevant Articles of Regulation (EC, Euratom) No 1605/2002,
                as last amended by Regulation (EC, Euratom) No 1995/2006 of 13 December 2006, and Regulation (EC, Euratom)
                No 2342/2002, as last amended by Regulation (EC, Euratom) No 478/2007 of 23 April 2007.
             3. Commission staff and other persons mandated by the Commission shall have appropriate access to sites, works
                and documents and to any information required in order to carry out such audits, including information in
                electronic form. This right of access shall be stated explicitly in the contracts concluded to implement the
                instruments referred to in this Agreement. The European Court of Auditors shall have the same rights as the
                Commission.
                Audits may be conducted after the Programmes or this Agreement expires, on the terms laid down in the
                contracts in question.
             4. Within the framework of this Agreement, the Commission/the European Anti-Fraud Office (OLAF) shall be
                authorised to carry out on-the-spot checks and inspections on Swiss territory, in accordance with the procedural
                provisions of Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot
                checks and inspections carried out by the Commission in order to protect the European Communities’
                financial interests against fraud and other irregularities (5).
                These checks and inspections shall be prepared and conducted in close collaboration with the competent Swiss
                authorities designated by Switzerland, which shall be notified in good time of the object, purpose and legal basis of
                the checks and inspections, so that they can provide all the requisite help.
                If the Swiss authorities concerned so wish, the on-the-spot checks and inspections may be carried out jointly with
                them.
                Where the participants in the Programmes resist an on-the-spot check or inspection, the Swiss authorities, acting
                in accordance with national rules, shall give Commission/OLAF inspectors such assistance as they need to allow
                them to discharge their duty in carrying out an on-the-spot check or inspection.
                The Commission/OLAF shall report without delay to the Swiss authorities any fact or suspicion relating to an
                irregularity which has come to its notice in the course of an on-the-spot check or inspection. In any event the
                Commission/OLAF shall be required to inform the above-mentioned authorities of the result of such checks and
                inspections.
        (1) OJ L 248,  16.9.2002, p. 1.
        (2) OJ L 390,  30.12.2006, p. 1.
        (3) OJ L 357,  31.12.2002, p. 1.
        (4) OJ L 111,  28.4.2007, p. 13.
        (5) OJ L 292,  15.11.1996, p. 2.
 ---pagebreak--- 7.4.2010           EN                               Official Journal of the European Union                                               L 87/17
          II. Audits and antifraud measures by Switzerland
              1. Appropriate financial control of the implementation of the Programmes shall be carried out by the competent
                 national financial control authority in Switzerland, in accordance with Article 8 of the Commission Decisions on
                 the respective responsibilities of the Member States, the Commission and the National Agencies in the
                 performance of the ‘Youth in Action’ programme and the action programme for lifelong learning (2007-2013)
                 and the common standards set out in the Guide for National Agencies annexed to contracts between the
                 Commission and the Swiss National Agency. Any suspected or actual cases of fraud and irregularity and any
                 measures concerning them taken by the Swiss National Agency and by the national authorities shall be notified
                 immediately to the Commission. Switzerland shall ensure investigation and satisfactory treatment of suspected and
                 actual cases of fraud and irregularity following national or Union inspections.
                 ‘Irregularity’ shall mean any infringement of a relevant provision of Union law applicable under this Agreement or
                 the contractual obligations pursuant to it, as a result of an act or omission by an economic operator, which has, or
                 would have, the effect of prejudicing the general budget of the European Union or budgets managed by it, by an
                 unjustified item of expenditure.
                 ‘Fraud’ shall mean any intentional act or omission relating to:
                 — the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the
                      misappropriation or wrongful retention of funds from the general budget of the European Union or budgets
                      managed by, or on behalf of, the European Union,
                 — non-disclosure of information in violation of a specific obligation, with the same effect,
                 — the misapplication of such funds for purposes other than those for which they are originally granted.
              2. The Swiss authorities shall take appropriate measures to prevent and counter any corrupt practices — active or
                 passive — at any stage of the procurement or grant award procedures or during implementation of the corre­
                 sponding agreements.
                 ‘Active corruption’ shall mean any deliberate action of whosoever promises or gives, directly or through an
                 intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to
                 act or to refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official
                 duties in a way which damages or is likely to damage the European Union’s financial interests.
                 ‘Passive corruption’ shall mean any deliberate action of an official who, directly or through an intermediary,
                 requests or receives advantages of any kind whatsoever, for himself or a third party, or accepts a promise of
                 such advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in
                 breach of his official duties in a way which damages or is likely to damage the European Union’s financial
                 interests.
              3. The Swiss authorities and the staff responsible for implementing the Programmes shall take any precautions
                 necessary to avoid any risk of a conflict of interests and shall inform the Commission immediately of any
                 such conflict of interests or any situation likely to give rise to one.
         III. Confidentiality
              Information communicated or acquired in any form whatsoever pursuant to this Annex shall be covered by profes­
              sional secrecy and protected in the same way as similar information is protected by Swiss law and by the corre­
              sponding provisions applicable to the Union institutions. Such information may not be communicated to persons
              other than those within the Union institutions or in the Member States or Switzerland whose functions require them
              to know it, nor may it be used for purposes other than to ensure effective protection of the Parties’ financial interests.
         IV. Administrative measures and penalties
              Without prejudice to application of Swiss criminal law, administrative measures and penalties may be imposed by the
              Commission in accordance with Regulation (EC, Euratom) No 1605/2002, as last amended by Regulation
              (EC, Euratom) No 1995/2006 of 13 December 2006, with Regulation (EC, Euratom) No 2342/2002, as last
              amended by Regulation (EC, Euratom) No 478/2007 of 23 April 2007, and with Council Regulation
              (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial
              interests (1).
         (1) OJ L 312, 23.12.1995, p. 1.
 ---pagebreak--- L 87/18          EN                             Official Journal of the European Union                                             7.4.2010
         V. Recovery
            For indirect centralised management measures, the Swiss National Agency shall be responsible for issuing requests for
            the recovery of funds and for implementing any legal action required regarding beneficiaries in consultation with the
            Commission. In the event of irregularity, negligence or fraud attributable to the Swiss National Agency, the
            Swiss authorities shall be responsible for the funds not recovered.
            For centralised management measures carried out directly by the Commission, decisions taken by the Commission
            within the scope of this Agreement which impose a pecuniary obligation on persons other than States shall be
            enforceable in Switzerland. Enforcement shall be governed by the rules of civil procedure in force in Switzerland. The
            order for its enforcement shall be appended to the decision, without other formality than verification of the auth­
            enticity of the decision by the authority which the Government of Switzerland shall designate for this purpose and
            shall make known to the Commission. When these formalities have been completed on application by the
            Commission, the latter may proceed to enforcement in accordance with the national law, by bringing the matter
            directly before the competent authority. The legality of the Commission decision shall be subject to control by the
            Court of Justice of the European Union.
            Judgments given by the Court of Justice of the European Union pursuant to an arbitration clause in a contract within
            the scope of this Agreement shall be enforceable on the same terms.
                           COUNCIL DECLARATION ON SWISS ATTENDANCE OF COMMITTEE MEETINGS
        The Council agrees that Switzerland’s representatives shall, in so far as the items concern them, attend meetings of the
        committees of the ‘Youth in Action’ programme and the action programme in the field of lifelong learning (2007-2013).
        Switzerland’s representatives shall not be present when these committees vote.