CELEX: 
Language: en
Date: 1003-03-03
Title: Proposal for a Council Decision concerning the signature of the Agreement between the European Community and the Swiss Confederation in the field of statistics # Proposal for a Council Decision on the conclusion of the Agreement between the European Community and the Swiss Confederation in the field of statistics

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      Brussels, 5.10.2004
                                                      COM(2004) 645 final
                                                      2004/0227 (CNS)
                                         Proposal for a
                                   COUNCIL DECISION
   concerning the signature of the Agreement between the European Community and the
                         Swiss Confederation in the field of statistics
                                         Proposal for a
                                   COUNCIL DECISION
    on the conclusion of the Agreement between the European Community and the Swiss
                            Confederation in the field of statistics
                                (presented by the Commission)
EN                                                                                  EN
 ---pagebreak---                                EXPLANATORY MEMORANDUM
   The very close relations between the European Union and Switzerland in all economical,
   social and political matters make it desirable to intensify the statistical cooperation. In fact,
   Eurostat has been co-operating with the Swiss Federal Statistical Office for many years. Such
   cooperation should have been implemented through the Agreement on the European
   Economic Area (EEA). Switzerland was signatory party to this agreement but, after a negative
   referendum in 1992 was unable to ratify. Also, the Swiss request for accession of 20 May
   1992 was put on hold.
   Since the non-ratification of the EEA by Switzerland there have been informal arrangements
   under which Switzerland has been invited to attend various low profile (mainly technical)
   meetings as an observer; these exclude the top level meetings such as the Statistical
   Programme Committee to which the EEA-EFTA countries participate as full members for
   EEA relevant items.
   Following the negative EEA referendum Switzerland has suggested developing relations with
   the European Union on a basis of sectoral bilateral agreements. This included an agreement
   on statistical cooperation. At the occasion of the signature of seven bilateral agreements
   between the European Community and Switzerland on 21 June 1999 both parties declared
   jointly their intention to undertake negotiations with view to conclude an agreement on the
   Swiss participation in certain statistical programmes of the Community.
   In 2000 the Council authorised the Commission to start negotiations with Switzerland. In the
   guidelines for negotiation it was specified that the agreement should be based on the multi-
   annual Community Statistical Programme and work towards harmonisation of data collection,
   nomenclatures, definitions and statistical methodologies. Exchanges of staff were foreseen.
   The agreement would be overseen by a joint committee.
   The negotiations between the Commission and Switzerland took place over the next years and
   were concluded on 25 June 2004 with the initialling of the agreement by the Directors-
   General of Eurostat and the Swiss Federal Statistical Office.
   This agreement is in the interests of both parties. From the EU point of view, Switzerland
   already could be said to be participating in many aspects of the Community Statistical
   Programme (attendance at certain technical meetings, publication of data on Switzerland in
   EU publications, etc.) without making a financial contribution. Under this agreement,
   relations would be formalised. Switzerland would gain participation in the European
   Statistical System and adopt a large proportion of the statistical acquis communautaire. The
   cost of participation being proposed exceeds the cost that Switzerland would have paid under
   the EEA; the benefits to Switzerland would be marginally less that those afforded to EEA-
   EFTA countries.
   Whilst Switzerland would be permitted to participate in the Community Statistical
   Programme, no Swiss participants would be eligible for Community financing. Thus it was
   not necessary to include in the agreement provisions on financial control.
   The extent of the acquis communautaire that Switzerland is to adopt is comparable to that
   contained in Annex XXI of the EEA Agreement; there are technical adaptations and some
   temporary derogations which are necessary to give Switzerland the opportunity to adapt its
   statistical system.
EN                                                  2                                                EN
 ---pagebreak---                                               Proposal for a
                                        COUNCIL DECISION
     concerning the signature of the Agreement between the European Community and the
                              Swiss Confederation in the field of statistics
   THE COUNCIL OF THE EUROPEAN UNION
   Having regard to the Treaty establishing the European Community, and in particular
   Article 80(2) in conjunction with Article 300 (2) thereof,
   Having regard to the proposal from the Commission1,
   Whereas:
   (1)      The Council authorised the Commission on 20 July 2000 to negotiate with the Swiss
            Confederation on behalf of the Community an agreement in the field of statistics.
   (2)      The result of the negotiations reflects duly the negotiating directives issued by the
            Council.
   (3)      Subject to its conclusion at a later date, it is desirable to sign the Agreement that was
            initialled on 25 June 2004.
   HAS DECIDED AS FOLLOWS:
                                               Sole Article
   Subject to its conclusion at a later date, the President of the Council is hereby authorized to
   designate the person empowered to sign on behalf of the European Community the
   Agreement between the European Community and the Swiss Confederation in the field of
   statistics including the accompanying Final Act.
   Done at Brussels,
                                                  For the Council
                                                  The President
   1
            OJ C , , p. .
EN                                                   3                                                EN
 ---pagebreak---                                                           2004/0227 (CNS)
                                            Proposal for a
                                       COUNCIL DECISION
     on the conclusion of the Agreement between the European Community and the Swiss
                                 Confederation in the field of statistics
   THE COUNCIL OF THE EUROPEAN UNION
   Having regard to the Treaty establishing the European Community, and in particular
   Article 80(2) in conjunction with Article 300(2), first sentence, and Article 300(3), first sub-
   paragraph thereof,
   Having regard to the proposal from the Commission2,
   Having regard to the opinion of the European Parliament3,
   Whereas:
   (1)      On 20 July 2000, the Council authorised the Commission to negotiate with the Swiss
            Confederation an agreement in the field of statistics.
   (2)      According to Council Decision …./…./CE of ……2004, and subject to its conclusion
            at a later date, the Agreement was signed on behalf of the European Community on
            ….2004.
   (3)      The Agreement should be approved.
   HAS DECIDED AS FOLLOWS:
                                                Article 1
   The Agreement between the European Community and the Swiss Confederation in the field of
   statistics is hereby approved on behalf of the European Community.
   The text of the Agreement is attached to this Decision.
                                                Article 2
   The Community shall be represented on the Joint Committee set up under Article 3 of the
   Agreement by the Commission assisted by representatives of the Member States.
   2
            OJ C , , p. .
   3
            OJ C , , p. .
EN                                                  4                                               EN
 ---pagebreak---    The position to be taken by the Community as regards decisions of the Joint Committee shall
   be adopted by the Council, acting by qualified majority on a proposal from the Commission,
   for matters relating to the financial contribution of Switzerland and for substantial derogations
   regarding the extension of acts of Community legislation to Switzerland. For all other
   decisions of the Joint Committee and for recommendations the Community position shall be
   adopted by the Commission.
                                                    Article 3
   The President of the Council shall effect the notification provided for in Article 13 of the
   Agreement on behalf of the European Community4.
                                                    Article 4
   This Decision shall be published in the Official Journal of the European Union.
   Done at Brussels,
                                                     For the Council
                                                     The President
   4
          The date of entry into force of the Agreement will be published in the Official Journal of the European
          Union by the General Secretariat of the Council.
EN                                                      5                                                         EN
 ---pagebreak---    ANNEX
EN   6   EN
 ---pagebreak---                                               AGREEMENT
    between the European Community and the Swiss Confederation on cooperation in the
                                             field of statistics
   THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”, and
   THE SWISS CONFEDERATION, hereinafter referred to as “Switzerland”,
   hereinafter together referred to as the “Contracting Parties”,
   DESIRING to improve the co-operation between the Community and Switzerland in the field
   of statistics and, to that end, to define through this Agreement the principles and conditions
   governing that co-operation;
   CONSIDERING that appropriate measures should be established in order to realise a gradual
   harmonisation and ensure the coherent evolution of the legal framework for the collection of
   data, the classifications, the definitions and the methodologies in statistics;
   WHEREAS common rules for the production of statistics within the area covered by the
   Community and Switzerland are to be set out;
   AGREEING that it is appropriate to base those rules on the legislation which is in force
   within the Community;
   HAVE AGREED AS FOLLOWS:
                                                   Article 1
                                              Subject matter
   1.        This Agreement applies to the cooperation in the field of statistics between the
             Contracting Parties in order to ensure the production and dissemination of coherent
             and comparable statistical information for describing and monitoring all economic,
             social and environmental policies relevant for the bilateral cooperation.
   2.        To this end, the Contracting Parties shall develop and use harmonised methods,
             definitions and classifications as well as common programmes and procedures
             organising statistical work at appropriate administrative levels and in accordance
             with the provisions laid down in this Agreement.
   3.        The production of Contracting Parties’ statistics shall conform to impartiality,
             reliability, objectivity, scientific independence, cost-effectiveness and statistical
             confidentiality; it shall not entail excessive burdens on economic operators.
EN                                                     7                                           EN
 ---pagebreak---                                                Article 2
                                  Legal acts in the field of statistics
   The Acts referred to in Annex A, as adapted by this Agreement, shall be binding upon the
   Contracting Parties.
                                               Article 3
                                           Joint Committee
   1.      A Committee composed of representatives of the Contracting Parties, to be known as
           the “Community/Switzerland Statistical Committee” (hereinafter referred to as the
           Joint Committee), is hereby established.
           It shall be responsible for the administration of this Agreement and shall ensure its
           proper implementation. For this purpose it shall make recommendations and take
           decisions in the cases provided for in this Agreement. The Joint Committee shall act
           by mutual agreement. A decision of the Joint Committee shall be binding upon the
           Contracting Parties.
   2.      The Joint Committee and the Statistical Programme Committee (SPC) instituted by
           Council Decision 89/382 (EEC/Euratom) of 19 June 1989 shall organise their tasks
           for the purposes of this Agreement in combined meetings.
   3.      The Joint Committee shall adopt, by a decision, its rules of procedure which shall
           include, among other provisions, the procedures for convening meetings, appointing
           the Chair and laying down the Chair’s terms of reference.
   4.      The Joint Committee shall meet as and when necessary. Either Contracting Party
           may request the convening of a meeting. The Joint Committee may decide to set up
           any subcommittee or working party that can assist it in carrying out its tasks.
   5.      A Contracting Party may at any time raise a matter of concern at the level of the Joint
           Committee.
   6.      Each decision shall state the date of its implementation. The decisions shall be
           submitted if necessary for ratification or approval by the Contracting Parties in
           accordance with their own procedures and shall be put into effect by the Contracting
           Parties in accordance with their own rules.
                                               Article 4
                                            New legislation
   1.      The Agreement shall be without prejudice to the right of each Contracting Party,
           subject to compliance with the provisions of this Agreement, to amend unilaterally
           its legislation on a point regulated by this Agreement.
EN                                                 8                                               EN
 ---pagebreak---    2. During the period preceding the formal adoption of new legislation, the Contracting
      Parties shall inform and consult each other as closely as possible. At the request of
      either Contracting Party, a preliminary exchange of views may take place in the Joint
      Committee.
   3. As soon as a Contracting Party has adopted an amendment of its legislation, it shall
      inform the other Contracting Party.
   4. The Joint Committee shall:
      –     either adopt a decision revising Annex A and/or Annex B or, if necessary,
            propose a revision of the provisions of this Agreement, so as to incorporate
            therein, if necessary on a basis of reciprocity, the amendments made to the
            legislation in question;
      –     or adopt a decision to the effect that the amendments to the legislation in
            question shall be regarded as being in accordance with the proper functioning
            of this Agreement;
      –     or decide any other measure to ensure the proper functioning of this
            Agreement.
                                          Article 5
                                  Statistical cooperation
   1. The Community statistical programme referred to in Chapter II of Council
      Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics, as from
      time to time adopted by European Parliament and Council Decisions, shall constitute
      the framework for the statistical actions to be carried out by Switzerland for the
      relevant time periods covered by each programme. All main fields and statistical
      themes of the Community statistical programme shall be considered to be relevant
      for the Community/Switzerland statistical cooperation and shall be open for full
      participation by Switzerland.
   2. A specific Community/Switzerland annual statistical programme shall be developed
      every year as a subset of, and in parallel with, the annual work programme
      elaborated by the Commission in accordance with the European Parliament and
      Council Decision establishing the specific relevant Community statistical
      programme. Each Community/Switzerland annual statistical programme shall be
      submitted for examination and approval to the Joint Committee. It shall indicate in
      particular those actions within the themes of the programme which are relevant and
      have priority for the Community/Switzerland statistical cooperation during the
      programme period.
   3. Statistical information from Switzerland shall be transmitted to Eurostat for storage,
      processing and dissemination. To this end, the Swiss Federal Statistical Office shall
      work in close cooperation with Eurostat in order to ensure that data from Switzerland
      are transmitted properly and disseminated to the various user groups through the
      normal dissemination channels as part of the Community/Switzerland statistics.
EN                                            9                                              EN
 ---pagebreak---       The handling of statistics from Switzerland shall be governed by Council Regulation
      (EC) No 322/97 of 17 February 1997 on Community Statistics.
   4. The Joint Committee shall examine the progress made in the framework for
      Community/Switzerland statistical actions. It shall in particular assess whether the
      objectives, priorities and actions planned during the first three years of application of
      the agreement have been achieved. It shall also assess whether the contents of Annex
      A adequately reflect the concept of relevance as mentioned in Article 1.1.
                                          Article 6
                                       Participation
   1. Entities established in Switzerland shall be entitled to participate in specific
      Community programmes managed by Eurostat, with the same contractual rights and
      obligations as those of entities established in the Community. However, entities
      established in Switzerland shall not be entitled to receive any financial contribution
      from Eurostat.
   2. Swiss national experts may be seconded to Eurostat. The costs associated with the
      secondment of Swiss national experts to Eurostat, including salaries, social security
      costs, provision for pensions, daily and travel allowances, shall be borne entirely by
      Switzerland.
   3. Entities established in the European Union shall be entitled to participate in specific
      programmes managed by the Swiss Federal Statistical Office, with the same
      contractual rights and obligations as those of entities established in Switzerland.
                                          Article 7
                               Other forms of cooperation
   1. Transfer of technology in the field of statistics between the Swiss Federal Statistical
      Office and Eurostat may take place by mutual agreement.
   2. The Contracting Parties may exchange any information in the field of statistics.
   3. The statistical services of the Contracting Parties may exchange officials. The
      statistical services of the Member States of the Community may also exchange
      officials with Switzerland. The conditions under which these exchanges take place
      shall be agreed directly between the involved statistical services.
                                          Article 8
                                   Financial provisions
   1. In order to cover the entirety of the costs of its participation, Switzerland shall
      contribute financially to the Community Statistical Programme on an annual basis
      from the entry into force of the agreement.
EN                                           10                                                 EN
 ---pagebreak---    2.       The rules governing Switzerland’s financial contribution are set out in Annex B.
                                                 Article 9
                                          Non-discrimination
   Within the scope of application of this Agreement, and without prejudice to any special
   provisions contained therein, any discrimination of grounds of nationality shall be prohibited.
                                               Article 10
                                       Fulfilment of obligations
   The Contracting Parties shall take all appropriate measures, whether general or particular, to
   ensure fulfilment of the obligations arising out of this Agreement and shall refrain from any
   measures which would jeopardise attainment of the objectives of this Agreement.
                                               Article 11
                                                 Annexes
   The Annexes shall form an integral part of this Agreement.
                                               Article 12
                                        Territorial application
   The provisions of this Agreement shall apply, on the one hand, to the territories in which the
   Treaty establishing the European Community is applied and under the terms laid down in that
   Treaty and, on the other hand, to the territory of Switzerland.
                                               Article 13
                                    Entry into force and duration
   1.       This Agreement shall be ratified or approved by the Contracting Parties in
            accordance with their own procedures. It shall enter into force on the first day of
            January of the year following the day on which the Contracting Parties notify each
            other that the procedures necessary to this end have been completed.
   2.       This Agreement shall be concluded for an initial period of five years. Unless written
            notice of termination is given six months before the expiration of this period, the
            Agreement shall be considered as renewed indefinitely.
   3.       Either Contracting Party may terminate this Agreement by a written notification to
            the other Contracting Party. The Agreement shall cease to be in force six months
            after the date of such notification.
EN                                                  11                                             EN
 ---pagebreak---                                           Article 14
                                       Authentic texts
   This Agreement is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian,
   Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese,
   Slovak, Slovenian, Spanish, and Swedish languages, each of these texts being equally
   authentic.
   Done at (…) on (…)
   For the European Community                                For the Swiss Confederation
EN                                            12                                                EN
 ---pagebreak---                                              ANNEX A
                       LEGAL ACTS IN THE FIELD OF STATISTICS
   Sectoral adaptation
   1.      The term “Member State(s)” contained in the acts referred to in this Annex shall be
           understood to include Switzerland, in addition to its meaning in the relevant
           European Community acts.
   2.      Provisions laying down by whom the costs for carrying out surveys and the like shall
           be borne shall not apply for the purposes of this Agreement.
   Acts referred to
                                         Business statistics
   –       397 R 0058: Council Regulation (EC, Euratom) No 58/97 of 20 December 1996
           concerning Structural Business Statistics (OJ L 14, 17.1.1997, p. 1), as amended by:
   –       398 R 0410: Council Regulation (EC, Euratom) No 410/98 of 16 February 1998 (OJ
           L 52, 21.2.1998, p. 1),
   –       32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and of
           the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1).
           The provisions of the Regulation shall, for the purposes of the present Agreement, be
           read with the following adaptations:
           (a)   The first reference years for which statistics are to be compiled by Switzerland
                 are the following:
                 –     For Annex 1 Section 5 (First reference year) and section 11 (Transition
                       period), is calendar year 2002,
                 –     For Annex 2 Section 5 (First reference year) and section 10 (Transition
                       period), is calendar year 2002 for all yearly statistics, calendar year 2003
                       for the 2-yearly characteristics 20210 to 20310, calendar year 2002 for
                       the 3-yearly characteristic 23110, calendar year 2004 for the 4-yearly
                       characteristic 16135, calendar year 2003 for the 4-yearly characteristics
                       15420, 15441 and 15442,
                 –     For Annex 3 Section 5 (First reference year) and section 10 (Transition
                       period), is calendar year 2002 for all yearly statistics, calendar year 2002
                       for the 5-yearly characteristics relating to division 52, calendar year 2003
                       for the 5-yearly characteristics relating to division 51, calendar year 2005
                       for the 5-yearly characteristics relating to division 50,
                 –     For Annex 4 Section 5 (First reference year) and section 10 (Transition
                       period), is calendar year 2002 for all yearly statistics, calendar year 2003
                       for the 2-yearly characteristics 20210 to 20310, calendar year 2002 for
EN                                               13                                                 EN
 ---pagebreak---                   the 4-yearly characteristics 16131 and 16132, calendar year 2003 for the
                  3-yearly characteristics 23110, 23120, 15420, 15441 and 15442,
           –      For Annex 5 Section 5 (First reference year) and section 9 (Transition
                  period), is calendar year 2002,
           –      For Annex 6 Section 5 (First reference year) and section 10 (Transition
                  period), is calendar year 2004,
           –      For Annex 7 Section 5 (First reference year) and section 10 (Transition
                  period), is calendar year 2003;
     (b)   For the purposes of annexes 1 to 7 the transition period will not extend more
           than four years beyond the first reference years for the compilation of the
           statistics indicated in Section 5 of the 5 annexes, and as amended in (a);
     (c)   For the annexes 1, 2, 3 and 4 Switzerland is exempted from providing data as
           amended in (a) for the years 2002, 2003, 2004 and 2005;
     (d)   For the annex 5 Switzerland is exempted from providing data as amended in
           (a) for the years 2002, 2003, 2004 and 2005;
     (e)   For the annexes 6 and 7 Switzerland is exempted from providing data as
           amended in (a) for the years 2003, 2004, 2005 and 2006;
     (f)   Switzerland shall not be bound by the regional breakdown of the data as
           required by this Regulation;
     (g)   Switzerland is exempted from providing data at the 4-digit level of the NACE
           REV 1;
     (h)   Switzerland is exempted from providing data required by the Regulation for
           kind of activity units.
   – 398 R 2700: Commission Regulation (EC) No 2700/98 of 17 December 1998
     concerning the definitions of characteristics for structural business statistics (OJ L
     344, 18.12.1998, p. 49), as amended by:
     –     32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and
           of the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1).
   – 398 R 2701: Commission Regulation (EC) No 2701/98 of 17 December 1998
     concerning the series of data to be produced for structural business statistics (OJ L
     344, 18.12.1998, p. 81), as amended by:
     –     32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and
           of the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1).
   – 398 R 2702: Commission Regulation (EC) No 2702/98 of 17 December 1998
     concerning the technical format for the transmission of structural business statistics
     (OJ L 344, 18.12.1998, p. 102), as amended by:
EN                                          14                                              EN
 ---pagebreak---      –     32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and
           of the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1).
   – 399 R 1618: Commission Regulation (EC) No 1618/1999 of 23 July 1999
     concerning the criteria for the evaluation of quality of structural business statistics
     (OJ L 192, 24.7.1999, p. 11).
   – 399 R 1225: Commission Regulation (EC) No 1225/99 of 27 May 1999 concerning
     the definitions of characteristics for insurance services statistics (OJ L 154,
     19.6.1999, p. 1).
   – 399 R 1227: Commission Regulation (EC) No 1227/99 of 28 May 1999 concerning
     the technical format for the transmission of insurance services statistics (OJ L 154,
     19.6.1999, p.75).
   – 399 R 1228: Commission Regulation (EC) No 1228/99 of 28 May 1999 concerning
     the series of data to be produced for insurance services statistics (OJ L 154,
     19.6.1999, p. 91).
   – 398 R 1165: Council Regulation (EC) No 1165/98 of 19 May 1998 concerning short-
     term statistics (OJ L 162, 5.6.1998, p. 1), as amended by:
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptations
     (a)   Switzerland shall supply data as from the first quarter 2007;
     (b)   Switzerland is exempted from providing data at the 4-digit level of the NACE
           REV 1.
     –     32001 R 0586: Commission Regulation (EC) No 586/2001 of 26 March 2001
           on implementing Council Regulation (EC) No 1165/98 concerning short-term
           statistics as regards the definition of Main Industrial Groupings (MIGS) (OJ L
           086, 27.3.2001, p. 0011)
     –     32001 R 0588: Commission Regulation (EC) No 588/2001 of 26 March 2001
           (OJ L 86, 27.3.2001, p. 18)
   – 393 R 2186: Council Regulation (EEC) No 2186/93 of 22 July 1993 on Community
     coordination in drawing up business registers for statistical purposes (OJ L 196,
     5.8.1993, p.1).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptations:
     (a)   Switzerland shall put into effect the measures necessary to comply with this
           regulation by 1 January 2006;
     (b)   For Switzerland, entry I (k) of annexe II of the Regulation shall not apply.
EN                                           15                                              EN
 ---pagebreak---                             Transport and tourism statistics
   – 398 R 1172: Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical
     returns in respect of the carriage of goods by road (OJ L 163, 6.6.1998, p. 1), as
     amended by:
     –     399 R 2691: Commission Regulation (EC) No 2691/99 of 17 December 1999
           (OJ L 326, 18.12.1999, p. 39).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptation:
     Switzerland shall collect the data required by this regulation from, at the latest,
     beginning of year 2006 onwards.
   – 32001 R 2163: Commission Regulation (EC) No 2163/2001 of 7 November 2001
     concerning the technical arrangements for data transmission for statistics on the
     carriage of goods by road (OJ L 291, 8.11.2001, p. 13).
   – 32003 R 0006: Commission Regulation (EC) No 6/2003 of 30 December 2002
     concerning the dissemination of statistics on the carriage of goods by road (OJ L 1,
     4.1.2003, p. 45).
   – 32003 R 0091: Regulation (EC) No 91/2003 of the European Parliament and of the
     Council of 16 December 2002 on rail transport statistics (OJ L 14, 21.1.2003, p.1-
     15), as amended by:
     –     32003 R 1192: Commission Regulation (EC) No 1192/2003 of 3 July 2003 (OJ
           L 167, 4.7.2003, p. 13).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptation:
     Switzerland shall collect the data required by this regulation from, at the latest,
     beginning of year 2006 onwards.
   – 380 L 1119: Council Directive 80/1119/EEC of 17 November 1980 on statistical
     returns in respect of carriage of goods by inland waterways (OJ L 339, 15.12.1980, p.
     30).
   – 395 L 0064: Council Directive 95/64/EC, Euratom of 8 December 1995 on statistical
     returns in respect of carriage of goods and passengers by sea (OJ L 320, 30.12.1995,
     p. 25), as amended by:
     –     398 D 0385: Commission Decision 98/385/EC of 13 May 1998 (OJ L 174,
           18.6.1998, p. 1),
     –     32000 D 0363: Commission Decision 363/2000/EC of 28 April 2000 (OJ L
           132, 5.6.2000, p.1).
   – 32001 D 0423: Commission Decision of 22 May 2001 on arrangements for
     publication or dissemination of the statistical data collected pursuant to Council
EN                                         16                                              EN
 ---pagebreak---      Directive 95/64/EC on statistical returns in respect of carriage of goods and
     passengers by sea (OJ L, 7.6.2001, p. 41).
   – 32003 R 0437: Regulation (EC) No 437/2003 of the European Parliament and of the
     Council of 27 February 2003 on statistical returns in respect of the carriage of
     passengers, freight and mail by air (OJ L 066, 11.03.2003, p. 1), as amended by:
     –      32003 R 1358: Commission Regulation (EC) No 1358/2003 of 31 July 2003
            (OJ L 194, 1.8.2003, p. 9).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptation:
     Switzerland shall collect the data required by this regulation from, at the latest,
     beginning of year 2006 onwards.
   – 393 D 0704: Council Decision 93/704/EC of 30 November l993 on the creation of a
     Community database on road accidents (OJ L 329, 30.12.1993, p. 63).
   – 395 L 0057: Council Directive 95/57/EC of 23 November 1995 on the collection of
     statistical information in the field of tourism (OJ L 291, 6.12.1995, p. 32).
     The provisions of the Directive shall, for the purposes of the present Agreement, be
     read with the following adaptation:
     Switzerland shall collect the data required by this Directive from, at the latest, 2007
     onwards.
   – 399 D 0035: Commission Decision 1999/35/EC of 9 December 1998 on the
     procedures for implementing Council Directive 95/57/EC on the collection of
     statistical information in the field of tourism (OJ L 9, 15.1.1999, p. 23).
                                  Foreign trade statistics
   – 395 R 1172: Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics
     relating to the trading of goods by the Community and its Member States with non-
     member countries (OJ L 118, 25.5.1995, p. 10), as amended by:
     –      397 R 0476: Council Regulation (EC) No 476/97 of 13 March 1997 (OJ L 75,
            15.3.1997, p. 1),
     –      398 R 0374: Council Regulation (EC) No 374/98 of 12 February 1998 (OJ L
            48, 19.2.1998, p. 6).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptations:
     (a)    For Switzerland the statistical territory shall comprise the customs territory;
     (b)    Switzerland shall not be bound to compile statistics of trade between
            Switzerland and Liechtenstein;
EN                                            17                                             EN
 ---pagebreak---      (c)   The classification referred to in Article 8(2) shall be made at least down to first
           six digits;
     (d)   Article 10(1)(h), (j) shall not apply;
     (e)   Article 10(1)(i): The nationality of the means of transport crossing the frontier
           is only applicable for road transport;
   – 32000 R 1917: Commission Regulation No 1917/2000 of 07 September 2000 laying
     down certain provisions for the implementation of Council Regulation (EC) N°
     1172/95 as regards statistics on external trade (OJ L229, 9.9.2000, p. 14), as
     amended by:
   – 32001 R 1669: Commission Regulation (EC) No 1669/2001 of 20 August 2001 (OJ
     L 224, 21.8.2001, p. 3).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptations:
     (a)    The reference to Regulation (EC) No 2454/96 in Article 6(1) is not applicable;
     (b)    The following new subparagraph shall be added to Article 7(1)(a):
     “For Switzerland “country of origin” shall be taken to mean the country in which the
     goods originated within the meaning of the national rules of origin.”;
     (c)   The following new subparagraph shall be added to Article 9(2):
     “For Switzerland “the customs value” shall be defined within the respective national
     rules.”;
     (d)   Article 11(2) is not applicable;
     (e)   Section 2 (Articles 16-19) is not applicable.
   – 32002 R 1779: Commission Regulation (EC) No 1779/2002 of 4 October 2002 on
     the nomenclature of countries and territories for the external trade statistics of the
     Community and statistics of trade between Member States (OJ L 269, 5.10.2002, p.
     6).
                       Statistical principles and confidentiality
   – 390 R 1588: Council Regulation (EEC) No 1588/90 of 11 June 1990 on the
     transmission of data subject to statistical confidentiality to the Statistical Office of
     the European Communities (OJ L 151, 15.6.1990, p. 1).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptations:
     (a)   The following new paragraph is added to Article 2:
EN                                           18                                                EN
 ---pagebreak---      "11. Staff of the Office of the EFTA Statistical Adviser: staff of the EFTA Secretariat
     working on the premises of the SOEC.";
     (b)    In the second sentence of Article 5(1), the term "SOEC" is replaced by "SOEC
            and of the Office of the EFTA Statistical Adviser";
     (c)    The following new subparagraph is added to Article 5(2):
     "Confidential statistical data transmitted to the SOEC through the Office of the
     EFTA Statistical Adviser shall be accessible also to the staff of this Office.";
     (d)    In Article 6, the term "SOEC" shall, for these purposes, be read as to include
            the Office of the EFTA Statistical Adviser.
   – 397 R 0322: Council Regulation (EC) No 322/97 of 17 February 1997 on
     Community Statistics (OJ L 52, 22.2.1997, p. 1).
   – 32002 R 0831: Commission Regulation (EC) No 831/2002 of 17 May 2002
     implementing Council Regulation (EC) No 322/97 on Community Statistics,
     concerning access to confidential data for scientific purposes (OJ L 133, 18.5.2002,
     p. 7).
                            Demographic and social statistics
   – 376 R 0311: Council Regulation (EEC) No 311/76 of 9 February 1976 on the
     compilation of statistics on foreign workers (OJ L 39, 14.2.1976, p. 1).
   – 398 R 0577: Council Regulation (EC) No 577/98 of 9 March 1998 on the
     organisation of a labour force sample survey in the Community (OJ L 77, 14.3.1998,
     p. 3), as amended by:
     –      32002 R 1991: Regulation (EC) No 1991/2002 of the European Parliament and
            of the Council of 8 October 2002 (OJ L 308, 9.11.2002, p. 1),
     –      32002 R 2104: Commission Regulation (EC) No 2104/2002 of 28 November
            2002 (OJ L 324, 29.11.2002, p. 14).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptation:
     (a)    Irrespective of the provisions of Article 1, Switzerland is permitted to carry out
            an annual survey until 2007;
     (b)    For Switzerland, irrespective of the provisions of Article 2(4), the sampling
            unit is an individual and the information concerning the other members of the
            household may include at least the characteristics listed under Article 4(1).
   – 32000 R 1575: Commission Regulation (EC) No 1575/2000 of 19 July 2000
     implementing Council Regulation (EC) No 577/98 on the organisation of a labour
     force sample survey in the Community concerning the codification to be used for
     data transmission from 2001 onwards (OJ L 181, 20.7.2000, p. 16).
EN                                          19                                                 EN
 ---pagebreak---    – 32000 R 1897: Commission Regulation (EC) No 1897/2000 of 7 September 2000
     implementing Council Regulation (EC) No 577/98 on the organisation of a labour
     force sample survey in the Community concerning the operational definition of
     unemployment (OJ L 228, 8.9.2000, p. 18)
   – 32002 R 2104: Commission Regulation (EC) No 2104/2002 of 28 November 2002
     adapting Council Regulation (EC) No 577/98 on the organisation of a labour force
     sample survey in the Community and Commission Regulation (EC) No 1575/2000
     implementing Council Regulation (EC) No 577/98 as far as the list of education and
     training variables and their codification to be used for data transmission from 2003
     onwards are concerned (OJ L 324, 29.11.2002, p. 14).
   – 32003 R 0246: Commission Regulation (EC) No 246/2003 of 10 February 2003
     adopting the programme of ad hoc modules, covering the years 2004 to 2006, to the
     labour force sample survey provided by Council Regulation (EC) No 577/98 (OJ L
     34, 11.2.2003, p. 3).
   – 399 R 0530: Council Regulation (EC) No 530/1999 of 9 March 1999 concerning
     structural statistics on earnings and labour costs (OJ L 63, 12.3.1999, p. 6).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptations:
     (a)    Switzerland shall collect the data required by this Regulation for the first time
            in 2008 for the statistics on the level and composition of labour costs and in
            2006 for the statistics on the structure and distribution of earnings;
     (b)    For the years 2006 and 2008, Switzerland shall be permitted to provide data
            required in Article 6(1)(a), (2)(a) based on enterprises.
   – 32000 R 0452: Commission Regulation (EC) No 452/2000 of 28 February 2000
     implementing Council Regulation (EC) No 530/1999 concerning structural statistics
     on earnings and on labour costs as regards quality evaluation on labour costs
     statistics (OJ L 55, 29.2.2000, p. 53).
   – 32000 R 1916: Commission Regulation (EC) No 1916/2000 of 8 September 2000 on
     implementing Council Regulation (EC) No 530/1999 concerning structural statistics
     on earnings and on labour costs as regards the definition and transmission of
     information on structure of earnings (OJ L 229, 9.9.2000, p. 3).
   – 399 R 1726: Commission Regulation (EC) No 1726/1999 of 27 July 1999
     implementing Council Regulation (EC) No 530/1999 concerning structural statistics
     on earnings and on labour costs as regards the definition and transmission on
     information on labour costs (OJ L 203, 3.8.1999, p. 28).
   – 32002 R 0072: Commission Regulation (EC) No 72/2002 of 16 January 2002
     implementing Council Regulation (EC) No 530/1999 as regards quality evaluation of
     structural statistics on earnings (OJ L 15, 17.1.2002, p. 7.).
   – 32003 R 0450: Regulation (EC) No 450/2003 of the European Parliament and of the
     Council of 27 February 2003 concerning the labour cost index (OJ L 069, 13.3.2003,
     p. 1), as amended by:
EN                                            20                                              EN
 ---pagebreak---      –      32003 R 1216: Commission Regulation (EC) No 1216/2003 of 7 July 2003 (OJ
            L 169, 8.7.2003, p. 37).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptations:
     Switzerland shall compile the data required by this regulation for the first time at the
     beginning of 2007, and thereafter for each quarter.
   – 32003 R 1177: Regulation (EC) No 1177/2003 of the European Parliament and of
     the Council of 16 June 2003 concerning community statistics on income and living
     conditions (EU-SILC) (OJ L 165, 3.7.2003, p. 1)
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptation:
     Switzerland shall collect the data required by this Directive from, at the latest, 2007
     onwards.
                                    Economic statistics
   – 32003 R 1287: Council Regulation (EC, Euratom) No 1287/2003 of 15 July 2003 on
     the harmonisation of gross national income at market prices (GNI Regulation) (OJ L
     181, 19.7.2003, p. 1).
   – 395 R 2494: Council Regulation (EC) No 2494/95 of 23 October 1995 concerning
     harmonized indices of consumer prices (OJ L 257, 27.10.1995, p. 1).
     For Switzerland the Regulation applies to the harmonization of consumer price
     indices for international comparisons. It is not relevant as regards the explicit
     purposes of calculating harmonized CPI's in the context of the Economic and
     Monetary Union.
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptations:
     (a)    Article 2c, as well as references to MUICP in Articles 8(1) and 11, are not
            applicable;
     (b)    Article 5(1)(a) is not applicable;
     (c)    Article 5(2) is not applicable;
     (d)    The consultation of the EMI as specified in Article 5(3) is not applicable;
     (e)    Switzerland shall supply data required by this Regulation, at the latest, with the
            index for January 2007 onwards.
   – 396 R 1749: Commission Regulation (EC) No 1749/96 of 9 September 1996 on
     initial implementing measures for Council Regulation (EC) No 2494/95 concerning
     harmonized indices of consumer prices (OJ L 229, 10.9.1996, p. 3), as amended by:
EN                                           21                                                EN
 ---pagebreak---      –      398 R 1687: Council Regulation (EC) No 1687/98 of 20 July 1998 (OJ L 214,
            31.7.1998, p.12).
     –      398 R 1688: Council Regulation (EC) No 1688/98 of 20 July 1998 (OJ L 214,
            31.7.1998, p 23).
   – 396 R 2214: Commission Regulation (EC) No 2214/96 of 20 November 1996
     concerning harmonized indices of consumer prices: transmission and dissemination
     of sub-indices of the HICP (OJ L 296, 21.11.1996, p. 8), as amended by:
     –      399 R 1749: Commission Regulation (EC) No 1749/1999 of 23 July 1999 (OJ
            L 214, 13.8.1999, p. 1), as corrected by OJ L 267, 15.10.1999, p. 59.
     –      399 R 1617: Commission Regulation (EC) No 1617/1999 of 23 July 1999 (OJ
            L 192, 24.7.1999, p. 9).
     –      32001 R 1920: Commission Regulation (EC) No 1920/2001 of 28 September
            2001 (OJ L 261, 29.9.2001, p. 46), as corrected by OJ L 295, 13.11.2001, p.
            34.
   – 396 R 2223: Council Regulation (EC) No 2223/96 of 25 June 1996 on the European
     system of national and regional accounts in the Community (OJ L 310, 30.11.1996,
     p. 1), as amended by:
     –      398 R 0448: Council Regulation (EC) No 448/98 of 16 February 1998 (OJ L
            58, 27.2.1998, p. 1).
     –      32000 R 1500: Commission Regulation (EC) No 1500/2000 of 10 July 2000
            (OJ L 172, 12.7.2000, p. 3).
     –      32000 R 2516: Regulation (EC) No 2516/2000 of the European Parliament and
            of the Council of 7 November 2000 (OJ L 290, 17.11.2000, p. 1)
     –      32001 R 0995: Commission Regulation (EC) No 995/2001 of 22 May 2001
            (OJ L 139, 23.05.2001, P. 3)
     –      32001 R 2558: Regulation (EC) No 2558/2001 of the European Parliament and
            of the Council of 3 December 2001 (OJ L 344, 28.12.2001, p. 1-4).
     –      32002 R 0113: Commission Regulation (EC) No 113/2002 of 23 January 2002
            (OJ L 21, 24.1.2002, p. 3).
     –      32002 R 1889: Commission Regulation (EC) No 1889/2002 of 23 October
            2002 (OJ L 286, 24.10.2002, p. 1).
     –      32003 R 1267: Regulation (EC) No 1267/2003 of the European Parliament and
            of the Council of 16 June 2003 (OJ L 180, 18.7.2003, p. 1).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptations:
EN                                          22                                             EN
 ---pagebreak---    (a) Switzerland shall be permitted to compile data by institutional units when the
       provisions of this Regulation refer to industry;
   (b) Switzerland shall not be bound by the regional breakdown of the data as
       required by this Regulation;
   (c) Switzerland shall not be bound by EU/third countries breakdown of exports
       and imports of services as required by this Regulation;
   (d) Switzerland shall put into effect the measures necessary to allocate FISIM, at
       the latest, 2006 onwards;
   (e) In Annex B, Derogations concerning the tables to be supplied in the framework
       of the questionnaire “ESA-95” by country, the following shall be added after
       point 15 (Iceland):
EN                                     23                                             EN
 ---pagebreak---    “16. SWITZERLAND
   16.1 Derogations for tables
                Table No Table                        Derogation                                         Until
                1        Main aggregates, annual Transmission for 1990 onwards
                         and quarterly
                2        Main aggregates of the Transmission              delay:       t+8       months Unlimited
                         general government           Periodicity:                               annual Unlimited
                                                      Transmission for 1990 onwards
                3        Tables by industry           Transmission for 1990 onwards
                4        Exports and imports by Transmission for 1998 onwards
                         EU/third countries
                5        Household             final Transmission for 1990 onwards
                         consumption expenditure
                         by purpose
                6        Financial accounts        by Transmission for 1998 onwards                      2006
                         institutional sectors
                7        Balance       sheets     for Transmission for 1998 onwards                      2006
                         financial     assets   and
                         liabilities
                8        Non-financial accounts Transmission              delay:      t+18       months Unlimited
                         by institutional sectors     Transmission for 1990 onwards
                9        Detailed tax and social Transmission             delay:      t+18       months Unlimited
                         contributions receipts by Transmission for 1998 onwards
                         sector
                10       Tables by industry and No regional breakdown
                         region, NUTS II, A17
                11       General        government Transmission           for       2005        onwards 2007
                         expenditure by function No Backward calculations
                12       Tables by industry and No regional breakdown
                         by region, NUTS III, A3
                13       Household accounts by No regional breakdown
                         region, NUTS II
                14-22    In accordance to derogation (a) of the present Regulation, Switzerland shall be
                         exempted to provide data for tables 14 to 22.
   –       398 D 0715: Commission Decision 98/715/EC of 30 November 1998 clarifying
           Annex A to Council Regulation (EC) No 2223/96 on the European system of
           national and regional accounts in the Community as concerns the principles for
           measuring prices and volumes (OJ L 340, 16.12.1998, p. 33).
           The Provisions of the Decision shall, for the purposes of the present Agreement, be
           read with the following adaptation:
EN                                                       24                                                       EN
 ---pagebreak---      Article 3 (classification of methods by product) shall not apply to Switzerland.
   – 397 D 0178: Commission Decision 97/178/EC, Euratom of 10 February 1997 on the
     definition of a methodology for the transition between the European System of
     National and Regional Accounts in the Community (ESA 95) and the European
     System of Integrated Economic Accounts (ESA second edition) (OJ L 75, 15.3.1997,
     p. 44).
   – 397 R 2454: Commission Regulation (EC) No 2454/97 of 10 December 1997 laying
     down detailed rules for the implementation of Council Regulation (EC) No 2494/95
     as regards minimum standards for the quality of HICP weightings (OJ L 340,
     11.12.1997, p. 24).
   – 398 R 2646: Commission Regulation (EC) No 2646/98 of 9 December 1998 laying
     down detailed rules for the implementation of Council Regulation (EC) No 2494/95
     as regards minimum standards for the treatment of tariffs in the Harmonized Index of
     Consumer Prices (OJ L 335, 10.12.1998, p. 30).
   – 399 R 1617: Commission Regulation (EC) No 1617/1999 of 23 July 1999 laying
     down detailed rules for the implementation of Council Regulation (EC) No 2494/95
     as regards minimum standards for the treatment of insurance in the Harmonized
     Index of Consumer Prices and modifying Commission Regulation (EC) No 2214/96
     (OJ L 192, 24.7.1999, p. 9).
   – 399 R 2166: Council Regulation (EC) No 2166/1999 of 8 October 1999 laying down
     detailed rules for the implementation of Regulation (EC) No 2494/95 as regards
     minimum standards for the treatment of products in the health, education and social
     protection sectors in the Harmonised Index of Consumer Prices (OJ L 266,
     14.10.1999, p. 1).
   – 399 D 0622: Commission Decision 1999/622/EC, Euratom of 8 September 1999 on
     the treatment of repayments of VAT to non-taxable units for their exempt activities,
     for the purpose of implementing Council Directive 89/130/EEC, Euratom on the
     harmonisation of the compilation of gross national product at market prices (OJ L
     245, 17.9.1999, p. 51).
   – 32000 R 2601: Commission Regulation (EC) No 2601/2000 of 17 November 2000
     laying down detailed rules for the implementation of Council Regulation (EC) No
     2494/95 as regards the timing of entering purchaser prices into the Harmonised Index
     of Consumer Prices (OJ L 300, 29.11.2000, p. 16).
   – 32000 R 2602: Commission Regulation (EC) No 2602/2000 of 17 November 2000
     laying down detailed rules for the implementation of Council Regulation (EC) No
     2494/95 as regards minimum standards for the treatment of price reductions in the
     Harmonised Index of Consumer (OJ L 300, 29.11.2000, p. 16), as amended by:
     –      32001 R 1921: Commission Regulation (EC) No 1921/2001 of 28 September
            2001 (OJ L 261, 29.9.2001, p. 49), as corrected by OJ L 295, 13.11.2001, p.
            34.
EN                                         25                                             EN
 ---pagebreak---    – 32001 R 1920: Commission Regulation (EC) No 1920/2001 of 28 September 2001
     laying down detailed rules for the implementation of Council Regulation (EC) No
     2494/95 as regards minimum standards for the treatment of service charges
     proportional to transaction values in the harmonised index of consumer prices and
     amending Regulation (EC) No 2214/96 (OJ L 261, 29.9.2001, p. 46), as corrected by
     OJ L 295, 13.11.2001, p. 34.
   – 32001 R 1921: Commission Regulation (EC) No 1921/2001 of 28 September 2001
     laying down detailed rules for the implementation of Council Regulation (EC) No
     2494/95 as regards minimum standards for revisions of the harmonised index of
     consumer prices and amending Regulation (EC) No 2602/2000 (OJ L 261,
     29.9.2001, p. 49), as corrected by OJ L 295, 13.11. 2001, p. 34.
                                        Nomenclatures
   – 390 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the
     statistical classification of economic activities in the European Communities (OJ L
     293, 24.10.1990, p. 1), as amended by:
     –      393 R 0761: Commission Regulation (EEC) No 761/93 of 24 March 1993 (OJ
            L 83, 3.4.1993, p. 1).
     –      32002 R 0029: Commission Regulation (EC) No 29/2002 of 19 December
            2001 (OJ L 6, 10.1.2002, p. 3).
   – 393 R 0696: Council Regulation (EEC) No 696/93 of 15 March 1993 on the
     statistical units for the observation and analysis of the production system in the
     Community (OJ L 76, 30.3.1993, p. 1).
   – 393 R 3696: Council Regulation (EEC) No 3696/93 of 29 October l993 on the
     statistical classification of products by activity (CPA) in the European Economic
     Community (OJ L 342, 31.12.1993, p. 1), as amended by:
     –      398 R 1232: Commission Regulation (EC) No 1232/98 of 17 June 1998 (OJ L
            177, 22.6.1998, p. 1).
     –      32002 R 0204: Commission Regulation (EC) No 204/2002 of 19 December
            2001 (OJ L 36, 6.2.2002, p. 1).
   – 32003 R 1059: Regulation (EC) No 1059/2003 of the European Parliament and of
     the Council of 26 May 2003 on the establishment of a common classification of
     territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
                                    Agricultural statistics
   – 396 L 0016: Council Directive 96/16/EC of 19 March 1996 on statistical Surveys of
     milk and milk products (OJ L 78, 28.3.1996, p. 27).
     The provisions of the Directive shall, for the purposes of the present Agreement, be
     read with the following adaptation:
EN                                           26                                           EN
 ---pagebreak---      Switzerland shall not be bound by the regional breakdown of the data as required by
     this Directive.
   – 397 D 0080: Commission Decision 97/80/EC of 18 December 1996 laying down
     provisions for the implementation of Council Directive 96/16/EC on statistical
     surveys of milk and milk products (OJ L 24, 25.1.1997, p. 26), as amended by:
     –      398 D 0582: Council Decision 98/582/EC of 6 October 1998 (OJ L 281,
            17.10.1998, p. 36).
   – 388 R 0571: Council Regulation (EEC) No 571/88 of 29 February 1988 on the
     organization of Community surveys on the structure of agricultural holdings between
     1988 and 1997 (OJ L 56, 2.3.1988, p. 1), as amended by:
     –      396 R 2467: Council Regulation (EC) No 2467/96 of 17 December 1996 (OJ L
            335, 24.12.1996, p. 3).
     –      32002 R 143: Commission Regulation (EC) No 143/2002 of 24 January 2002
            (OJ L 024 , 26.1.2002, p.16).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptations:
     (a)    In Article 4, the text beginning with “and insofar as they are important locally
            …” until “… the particular technical economic guidelines within the meaning
            of the same Decision” is not applicable;
     (b)    In Article 6(2), the text "standard gross margin (SGM), within the meaning of
            Decision 85/377/EEC" is replaced by:
     "standard gross margin (SGM), within the meaning of Decision 85/377/EEC, or to
     the value of the total agricultural production";
     (c)    Articles 10, 12, and 13, and Annex II shall not apply;
     (d)    Switzerland shall not be bound by the typology referred to in Articles 6, 7, 8, 9
            and Annex I of this Regulation. However, Switzerland shall transmit the
            necessary additional information allowing the reclassification according to this
            typology;
     (e)    Irrespective of the provisions of the Regulation, Switzerland shall be permitted
            to carry out the survey in May and supply the data, at the latest, 18 months
            thereafter.
   – 390 R 0837: Council Regulation (EEC) No 837/90 of 26 March 1990 concerning
     statistical information to be supplied by the Member States on cereals production (OJ
     L 88, 3.4.1990, p. 1).
   – 393 R 0959: Council Regulation (EC) No 959/93 of 5 April 1993 concerning
     statistical information to be supplied by Member States on crop products other than
     cereals (OJ L 98, 24.4.1993, p. 1).
EN                                          27                                                EN
 ---pagebreak---    – 32003 R 0296: Commission Regulation (EC) No 296/2003 of 17 February 2003 (OJ
     L 043, 18.2.2003, p. 18).
                                   Fishery statistics
   – 391 R 1382: Council Regulation (EEC) No 1382/91 of 21 May 1991 on the
     submission of data on the landings of fishery products in Member States (OJ L 133,
     28.5.1991, p. 1), as amended by:
     –     393 R 2104: Council Regulation (EEC) No 2104/93 of 22 July 1993 (OJ L
           191, 31.7.1993, p. 1).
   – 391 R 3880: Council Regulation (EEC) No 3880/91 of 17 December 1991 on the
     submission of nominal catch statistics by Member States fishing in the north-east
     Atlantic (OJ L 365, 31.12.1991, p. 1), as amended by:
     –     32001 R 1637: Commission Regulation (EC) No 1637/2001 of 23 July 2001
           (OJ L 222, 17.8.2001, p. 20).
   – 393 R 2018: Council Regulation (EEC) No 2018/93 of 30 June 1993 on the
     submission of catch and activity statistics by Member States fishing in the Northwest
     Atlantic (OJ L 186, 28.7.1993, p. 1), as amended by:
     –     32001 R 1636: Commission Regulation (EC) No 1636/2001 of 23 July 2001
           (OJ L 222, 17.8.2001, p. 1).
   – 395 R 2597: Council Regulation (EC) No 2597/95 of 23 October 1995 on the
     submission of nominal catch statistics by Member States fishing in certain areas
     other than those of the North Atlantic (OJ L 270, 13.11.1995, p. 1), as amended by:
     –     32001 R 1638: Commission Regulation (EC) No 1638/2001 of 24 July 2001
           (OJ L 222, 17.8.2001, p. 29).
   – 396 R 0788: Council Regulation (EC) No 788/96 of 22 April 1996 on the submission
     by Member States of statistics on aquaculture production (OJ L 108, 1.5.1996, p. 1).
                                   Energy statistics
   – 390 L 0377: Council Directive 90/377/EEC of 29 June 1990 concerning a
     Community procedure to improve the transparency of gas and electricity prices
     charged to industrial end-users (OJ L 185, 17.7.1990, p. 16).
     The provisions of the Regulation shall, for the purposes of the present Agreement, be
     read with the following adaptation:
     Switzerland shall put into effect the measures necessary to comply with this
     Directive as from 1 January 2006.
EN                                         28                                              EN
 ---pagebreak---                                              ANNEX B
                                      FINANCIAL RULES
                GOVERNING THE CONTRIBUTION OF SWITZERLAND
                  REFERRED TO IN ARTICLE 8 OF THIS AGREEMENT
   1.     Determination of financial participation
   1.1.   Switzerland shall contribute financially, on an annual basis, to the Community
          Statistical Programme.
   1.2.   This contribution shall be based on three elements:
          –      The total cost of Eurostat [Cost]
          –      The number of Member States in the European Union [# Members]
          –      The proportion of the statistical programme in which Switzerland is deemed to
                 participate [prop]
   1.3.   The financial contribution shall be:
                                   [Cost] * [prop] / [# Members]
   1.4.   These shall be defined as follows:
   1.4.1. The total cost of Eurostat shall be defined as the amount of commitment
          appropriations in the Statistics Policy Area (Title 29) of the Community Budget,
          according to the Activity Based Budgeting nomenclature. This shall comprise
          Management and Support Expenditure of Policy Area Statistics (Expenditure related
          to staff in active employment, External Staff and other management expenditure,
          Buildings and related expenditure and Support expenditure for operations) and the
          Financial Interventions in respect of the Production of Statistical Information. [Cost]
   1.4.2. The number of Member States shall be defined as the number of Member States of
          the European Union on 1 January of the year in question. [# Members]
   1.4.3. The proportion of the statistical programme in which Switzerland is deemed to
          participate is defined as the ratio of Eurostat’s estimate of sum of the credits,
          allocated under Article 29 02 01 or successor Article of the Budget of the European
          Community of the modules of the Commission’s Annual Statistical Programme in
          which Switzerland participates, divided by the total of all credits allocated to Article
          29 02 01 or successor Article. [prop]
   1.5.   A draft calculation of this financial contribution shall be made immediately after the
          adoption of the Preliminary Draft Budget of the European Union for the year in
          question. The final calculation shall be made immediately after the adoption of the
          Budget for that year.
EN                                               29                                                EN
 ---pagebreak---    2.   Payment procedures
   2.1. The Commission shall issue, at the latest on 15 March and 15 June each financial
        year, a call for funds to Switzerland corresponding to its contribution under this
        Agreement. These calls for funds shall provide respectively for the payment:
        Of six twelfths of Switzerland’s contribution not later than 20 April, and
        Six twelfths of its contribution not later than 15 July.
   2.2. The contributions of Switzerland shall be expressed and paid in euros.
   2.3. Switzerland shall pay its contribution under this Agreement according to the
        schedule in paragraph 2.1. Any delay in payment shall give rise to the payment of
        interest at a rate equal to the one-month Euro inter-bank offered rate (EURIBOR) on
        the due date as on page 248 of Telerate. This rate shall be increased by 1.5% for each
        month of delay. The increased rate shall be applied to the entire period of delay.
        However, the interest shall be due only in respect of any contribution paid more than
        thirty days after the scheduled payment dates mentioned in paragraph 2.1.
   2.4. Costs incurred by Swiss representatives and experts participating in meetings
        convened by the Commission under this agreement shall not be reimbursed by the
        Commission. As stated in Article 6.2, the costs associated with the secondment of
        Swiss national officials to Eurostat shall be borne entirely by Switzerland.
        Subject to an agreement between EUROSTAT and the Swiss Federal Statistical
        Office, Switzerland may deduct from its financial contribution the cost for seconded
        national experts. The maximum amount to be deducted for each official shall not
        exceed the maximum deducted for officials from EEA-EFTA countries being
        seconded to Eurostat under the EEA agreement. This sum shall be agreed on an
        annual basis.
   2.5. Payments effected by Switzerland shall be credited as budgetary revenue earmarked
        to the corresponding budget line of the statement of revenue of the General Budget
        of the European Community. The Financial Regulation applicable to the General
        Budget of the European Communities shall apply to the management of
        appropriations.
   3.   Conditions for implementation
   3.1. The financial contribution of Switzerland in accordance with Article 8 of this
        Agreement shall normally remain unchanged for the financial year in question.
   3.2. The Commission, at the time of the closure of the accounts relating to each financial
        year (n), within the framework of the establishment of the revenue and expenditure
        account, shall proceed to the regularisation of the accounts with respect to the
        participation of Switzerland, taking into consideration modifications resulting from
        transfers, cancellations, carry-overs, or by supplementary and amending budgets
        during the financial year. This regularisation shall be made in the framework of the
        establishment of the budget for the following year (n+2) and should be reflected in
        the call for funds.
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 ---pagebreak---    4.   Information
   4.1. At the latest on 31 May of each financial year (n+1), the statement of appropriations
        corresponding to Eurostat’s operational and administrative financial obligations,
        related to the previous financial year (n), shall be prepared and transmitted to
        Switzerland for information, according to the format of the Commission’s revenue
        and expenditure account.
   4.2. The Commission shall communicate to Switzerland all other general financial data
        relating to Eurostat which is made available to EFTA-EEA States.
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 ---pagebreak---                                             Final Act
   The Plenipotentaries
   of the EUROPEAN COMMUNITY
   and
   of the SWISS CONFEDERATION
   meeting on (…) in (…) for the signature of the Agreement between the European Community
   and the Swiss Confederation on cooperation in the field of statistics took note of the
   Declaration of the Council on Swiss attendance of committees which is attached to the Final
   Act.
   Done at (…) in (…)
   For the European Community
   For the Swiss Confederation
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 ---pagebreak---                                      Declaration of the Council
                                on Swiss attendance of committees
   The Council agrees that Switzerland’s representatives, as from the start of the cooperation in
   connection with the programmes and actions referred to in Article 5 paragraph 2 of this
   Agreement, shall, insofar as the items concern them, participate fully without the right to vote
   in the committees and other bodies which assist the Commission of the European
   Communities in the management and development of these programmes and actions.
   In case of other committees dealing with areas covered by this Agreement in which
   Switzerland has adopted either the acquis communautaire or equivalent measures, the
   Commission will consult Swiss experts by the method specified in Article 100 of the EEA
   Agreement.
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