Rs 0.420.513.1 The 25 June 2007 Agreement For Scientific And Technological Cooperation Between The Swiss Confederation, On The One Hand, And The European Community And The European Atomic Energy Community, On The Other Hand (With Annexes And End Act.)

Original Language Title: RS 0.420.513.1 Accord du 25 juin 2007 de coopération scientifique et technologique entre la Confédération suisse d’une part, et la Communauté européenne et la Communauté européenne de l’énergie atomique, d’autre part (avec annexes et acte fin.)

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[0.420.513.1] original agreement of cooperation in science and technology between the Swiss Confederation, on the one hand, and the Community European and community European Atomic Energy, on the other hand concluded on 25 June 2007, implemented by Exchange of notes on February 28, 2008 (status February 28, 2008) the federal Council Switzerland, acting on behalf of the Confederation Swiss, hereinafter referred to as "Switzerland". a hand, and the Council of the European Union, acting on behalf of the European Community, as well as the Commission of the European communities, (hereinafter referred to as "the Commission"), acting on behalf of the European Atomic Energy Community, hereinafter referred to collectively as "the communities", on the other hand, hereinafter referred to as "the parties", whereas a close relationship between the Switzerland and the communities is advantageous for the parties;
considering the importance of scientific and technological research for the communities and for the Switzerland and their mutual interest to cooperate in this area to better exploit the resources and avoid unnecessary duplication;
considering that the Switzerland and the communities are currently running programs of research in various areas of common interest;
considering that the Switzerland and communities have an interest to cooperate in these programs to the mutual benefit of the parties;
whereas the interest of the parties in encouraging the mutual access of their research entities to activities of research and technological development of the Switzerland, on the one hand, and the framework programmes of research and technological development of the communities, on the other hand;
considering that the European Atomic Energy Community and the Switzerland concluded in 1978, a cooperation agreement in the field of controlled thermonuclear fusion and plasma physics (hereinafter referred to as the 'agreement on nuclear fusion');
considering that the parties have concluded, on January 8, 1986, a framework agreement for scientific and technical cooperation which entered into force on 17 July 1987 (hereinafter referred to as 'the framework agreement');
Whereas art. 6 of the framework agreement stipulates that cooperation covered by the framework agreement will be implemented by appropriate agreements;
whereas on 16 January 2004, the communities and the Switzerland have signed an agreement on scientific and technological cooperation applied provisionally from 1 January 2004 and entered into force on May 16, 2006;
whereas the said agreement in his art. 9, by. 2, the renewal of the agreement for participation in new programs-frameworks multiannual research and technological development in the conditions set by mutual agreement;
whereas the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (hereinafter referred to as 'the 7 framework programme CE'), adopted by decision No 1982/2006/EC and Regulation (EC) n 1906/2006 of the European Parliament and of the Council, as well as by decisions 2006/971/EC n 2006/972/EC, 2006/973/EC, 2006/974/EC and 2006/975/EC of the Council, and that the seventh framework programme of the European Community of Atomic Energy (EURATOM) for research and training activities also to contribute to the achievement of the European area of research (2007 to 2011), was adopted by decision No 2006/970/Euratom , Regulation (Euratom) n 1908/2006 and decisions n 2006/976/Euratom and 2006/977/Euratom of the Council (hereinafter referred to as ' 7 CE curriculum and Euratom ');
Whereas, without prejudice to the provisions of the treaties establishing the communities, this agreement and all activities carried out under it will affect in any way the power of the Member States to undertake the bilateral activities with Switzerland in the areas of science, technology and research and development, and to conclude, as appropriate agreements to this effect;
agreed to the following provisions: art. 1 object 1.  The form and modalities of the participation of Switzerland in the implementation of 7 EC framework programmes and Euratom in their entirety are defined by this agreement, without prejudice to the provisions of the agreement on nuclear fusion.
Legal entities established in Switzerland may participate in all the specific programmes under 7 curriculum EC and Euratom.
2. the Swiss legal entities may participate in the activities of the joint research of Community Centre, insofar as this participation is not covered by the by. 1 3.  The legal entities established in the communities, including the Joint Research Centre, may participate in the programs and/or Swiss research projects on themes equivalent to those of 7 EC framework programmes and Euratom.
4. for the purposes of this agreement, means 'legal entity' a physical or legal person established in accordance with the national law at its place of establishment or Community law, with legal personality and with the ability to be a holder of rights and obligations of any kind in its own name. This includes universities, research organisations, industrial companies - including small and medium-sized companies - and individuals.

Art. 2 forms and means of cooperation cooperation takes the following forms: 1. Participation of legal entities established in Switzerland to the implementation of all specific programmes adopted under 7 curriculum EC and Euratom, under the conditions and according to the procedure defined in the rules of participation for businesses, research centres and universities in research activities technological development and demonstration activities of research and training for the European Atomic Energy Community and the European Community.
If the Community adopts provisions for the implementation of art. 169 and 171 of the Treaty establishing the European Community, the Switzerland is allowed to participate in the legal structures created under these provisions, subject to rules to be adopted for the establishment of these legal structures and provided that these rules will become applicable in Switzerland. "Switzerland/communities Research Committee" will decide that the applicability of these rules in Switzerland.
The legal entities established in Switzerland will be eligible to participate in indirect actions based on art. 169 and 171 of the Treaty establishing the European Community.
2. the financial contribution by Switzerland to the budgets of the programmes adopted for the implementation of the seventh EC framework programmes and Euratom, under the conditions defined in art. 5, by. 2 3.  Participation of legal entities established in the communities to programs and/or research projects Swiss decided by the federal Council on themes equivalent to those of the seventh EC framework programmes and Euratom, in accordance with the terms and conditions defined in the Swiss regulations and with the agreement of the partners in the specific project and managers of the corresponding Swiss programme. The legal entities established in the communities participating in Swiss research projects and/or programs bear their own costs, including their relative share of the administrative costs and management General of such projects.
4. in addition to the regular transmission of information and documentation concerning the implementation of the seventh EC framework programmes and Euratom and programs and/or Swiss projects, cooperation between the parties can take forms and following means: a) regular exchanges of views on the directions and priorities of policies and forecasts of research in Switzerland and in the communities; b) exchanges of views on the prospects and development of cooperation; c) Exchange ((((, timely, information on the implementation of programmes and research projects in Switzerland and in the communities and the results of the work undertaken under this agreement; d) meetings joint; e) visits and exchanges of researchers, engineers and technicians; f) monitored and regular contacts between heads of programs or projects of the Switzerland and the communities; g) participation of experts in seminars symposia and workshops.

Art. 3 adaptation cooperation may be adapted and extended at any time by mutual agreement between the parties.

Art. 4 rights and obligations on intellectual property 1.  Subject to Annex A and applicable law, legal entities established in Switzerland participating in Community research programmes have, ownership, exploitation and disclosure of information and intellectual property arising from such participation, the same rights and obligations as legal entities established in the communities. This provision does not apply to the results obtained from projects started before the provisional application of this agreement.

2. subject to the provisions of Annex A and applicable law, legal entities established in the communities participating in the Swiss research projects and/or programs referred to in art. 2, by. 3, ownership, exploitation and disclosure of information and intellectual property arising from such participation, have the same rights and obligations as legal entities established in Switzerland participating in the programmes and/or projects in question.

Art. 5 financial provisions 1.  The commitments entered into by the communities in respect of the seventh EC framework programmes and Euratom before the provisional application of this agreement - as well as payments made under the terms of these commitments - give rise to no contribution on the part of the Switzerland. The financial contribution of the Switzerland due to its participation in the implementation of the seventh EC framework programmes and Euratom is set in proportion and in addition to the appropriation each year in the general budget of the European Union for commitment appropriations to meet the Commission's financial obligations from different forms of work necessary for the execution the management and operation of the programmes and activities covered by this agreement.
2. the proportionality factor governing the contribution of Switzerland to the seventh EC framework programmes and Euratom, with the exception of the program on nuclear fusion, corresponds to the ratio between the gross domestic product of Switzerland, at market prices, and the sum of gross domestic products, at the price of the market, Member States of the European Union. The contribution of Switzerland to the nuclear fusion programme will continue to be calculated according to the provisions of the agreement are relative. These ratios are calculated on the basis of the latest statistics from Eurostat, available at the time of the publication of the preliminary draft budget of the European Union for the same year.
3. the rules governing the Switzerland's financial contribution are set out in Annex B.

Art. 6 Committee research Switzerland/communities 1.  The 'Committee research Switzerland/communities' established by the framework agreement shall review, evaluate and ensures the execution of this agreement. The Committee on any question relating to the execution or interpretation of this agreement.
2. in addition, the agreement provides that the 'Committee Switzerland/communities research' may identify on request the regions of Switzerland that fulfil the criteria set out in art. 5, by. 1, Regulation (EC) 1083/2006 of the Council n, and which can therefore be eligible for the benefit of research actions in respect of the 'research potential' work programme under the program "capacities".
3. the Committee may decide to amend the references to Community acts referred to in Annex C.

OJ L 210 of 31.7.2006, p. 25.

Art. 7 participation 1.  Without prejudice to the provisions of art. 4, legal entities established in Switzerland participating in the seventh EC framework programmes and Euratom have the same contractual rights and obligations as entities established in the communities.
2. for legal entities established in Switzerland, the terms and conditions applicable to the submission and evaluation of proposals as well as the award and the award of the grant agreements and/or contracts under Community programmes are the same as those applicable to the agreements grant and/or contracts concluded under these programmes with legal entities established in the communities.
3. legal entities established in Switzerland are eligible for grants from the EIB in support of research objectives set out in the 7th framework programme of the EC.
4. an appropriate number of Swiss experts is taken into account in the selection of evaluators or referees required by programs of research and community technology development, taking into account the skills and knowledge appropriate to the tasks they will be given.
5. without prejudice to the provisions of art. 1, by. 3, art. 2, by. 3, and art. 4, by. 2, and without prejudice to regulations and existing rules of procedure, legal entities established in the communities may participate, under conditions and in a manner equivalent to those which are subject the Swiss partners in programmes and/or projects of the Swiss referred to in art research programs. 2, by. 3. the participation of one or more legal entities established in the communities to a project may be submitted by the Swiss authorities to the joint at least one Swiss entity.

Art. 8 mobility each Party shall, in accordance with the regulations and agreements in force, to ensure that the entry and stay of researchers participating, in Switzerland and in the communities, in the activities covered by this agreement, accompanied - as long as it is not necessary to the smooth running of the activity - to a limited number of members of their research staff.

Art. 9 revision and future collaboration 1.  If communities decide to revise or expand their research programs, this agreement may be revised or extended to the conditions set by agreement. The parties carry out exchanges of information and views on the revision or the proposed extension, as well as on any matter affecting directly or indirectly the Switzerland cooperation in the areas covered by the seventh EC framework programmes and Euratom. The Switzerland receives notification of the exact content programs revised or extended within a period of two weeks after their adoption by the communities. In case of revision or extension of the research programmes, the Switzerland may denounce this agreement by giving notice of six months. The parties themselves shall notify any intention to denounce or to extend this agreement within three months of adoption of the decision of communities.
2. when the communities adopt new programs-frameworks multiannual research and technological development, this agreement may be renewed or renegotiated the conditions set by mutual agreement by the parties. The parties, acting on the breast of the 'Committee research Switzerland/communities', to exchanges of information and views on the preparation of such programmes or other current or future research activity.

Art. 10 links with other international agreements 1.  The provisions of this Agreement shall apply without prejudice to benefits under other international agreements binding one of the parties, which are reserved for the only legal entities established on the territory of that party.
2. a legal entity established in another country associated to the seventh framework programme of the this (associated country) has the same rights and obligations under the terms of this agreement as legal entities established in a Member State, provided that the associated country in which the legal entity is established has agreed to give the entities from Switzerland the same rights and obligations.

Art. 11 territorial application this Agreement shall apply to the territories in which the treaties establishing the communities are application and under the conditions laid down by the said treaties, on the one hand, and to the territory of the Switzerland, on the other hand.

Art. 12 annexes annexes A, B and C are an integral part of this agreement.

Art. 13 modification and denunciation 1.  This agreement is concluded for the duration of the seventh EC framework programmes and Euratom.
2. this agreement cannot be changed that in writing by mutual agreement between the parties. The entry into force of the amendments procedure is the same as that applicable to this agreement.
3. each of the parties may denounce this agreement at any time, upon written notice of six months.
4. the projects and activities underway at the time of disclosure and/or expiration of this Agreement continued until their completion to the conditions set out in this agreement. The parties resolved by mutual agreement other possible consequences of denunciation.

Art. 14 entry into force and provisional application 1.  This agreement is ratified or concluded by the parties in accordance with their respective rules. It comes into force on the date of the last notification of the completion of the procedures necessary for this purpose and apply on a provisional basis from 1 January 2007.
2. If one of the parties notifies the other party that it will not conclude the agreement, it was agreed the following:-communities reimburse the Switzerland its contribution to the general budget of the European Union referred to in art. 2, by. 2-However, funds that communities have committed to under the participation of legal entities established in Switzerland in indirect actions, including reimbursements referred to in art. 2, by. 1, are deducted by the communities of the aforementioned refund;-projects and activities started during this provisional and continuing application at the time of the abovementioned notification continued until their completion to the conditions set out in this agreement.


This agreement is drafted in duplicate in the languages German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
Done at Luxembourg, on June 25, two thousand seven.

Annex A principles of attribution of intellectual property rights I. scope for the purposes of this agreement, 'intellectual property' has the meaning given to art. 2 of the convention establishing the world intellectual property organization, signed at Stockholm on July 14, 1967.
For the purposes of this agreement, means 'knowledge' the results, including information, they can be protected or not, as well as copyrights or the rights attached to the said information, resulting from the application or the issue of patents, designs, plant varieties, supplementary or other similar protection protection certificates.

II. rights of intellectual property of the legal entities of the parties 1.  Each party ensures that the intellectual property rights of legal entities of the other Party participating in activities carried out pursuant to this agreement, and the rights and obligations resulting from such participation are treated in a manner compatible with the relevant international conventions that are applicable to the parties, and notably the TRIPS Agreement (agreement on aspects of the intellectual property rights related to the trade) administered by the World Trade Organisation), the Berne convention (1971 Paris Act) and the Paris convention (Act of Stockholm of 1967).
2. legal entities established in Switzerland participating in indirect of the seventh framework programmes action this and Euratom have rights and obligations in the field of intellectual property to the conditions set out in Regulation (EC) n 2321/2002, amended by Regulation (EC) n 1906/2006 of the European Parliament and of the Council of 18 December 2006, Regulation (Euratom) n 2322/2002 of the Council amended by Regulation (Euratom) n 1908/2006 of the Council of 18 December 2006 as well in the grant agreement and/or contract concluded with the European Community, in accordance with the by. 1. when the Switzerland participates in indirect actions in respect of the seventh framework programme CE, implemented in accordance with art. 169 and art. 171 of the Treaty establishing the European Community, the Switzerland has the same rights and obligations in the field of intellectual property that the Member States participating in these actions, as planned in the relevant provisions.
3. the legal entities established in a Member State of the European Union who participate in the programs and/or Swiss research projects have the same rights and obligations on intellectual property as legal entities established in Switzerland participating in these programs or research projects, in accordance with the by. 1 III. Rights of intellectual property of the parties 1.  Unless otherwise agreed between the parties, the following rules apply to the knowledge created by the parties during the activities carried out in accordance with art. 2, by. 4, of the present agreement: a) the party generating such knowledge is the owner of these. When their respective shares in the work cannot be determined, the parties are joint owners of these connaissances.b) the part owner of knowledge gives the other party rights of access to the knowledge with a view to the activities referred to in art. 2, by. 4, of this agreement. No charge is made for granting rights of access to knowledge.

2. unless otherwise agreed between the parties, the following rules apply to literary scientific parts: has) when a party publishes in journals, articles, reports and books, as well as video documents and software, data, information, and technical and scientific results arising from the activities carried out under this agreement, a non-exclusive worldwide license (, irrevocable and royalty-free is granted to the other party for the translation, adaptation, communication and public works in question.b) all copies of data and information, protected by copyright, intended to be disseminated to the public and produced under this section must show the name of the author or authors unless an author not expressly refuse to be named. Each copy must also carry a clearly visible mention of the joint support of the parties.

3. unless otherwise agreed between the parties, the following rules apply to the parties to not disclose information: a) when communicating to the other party of information relating to activities on the basis of this agreement, each party will determine what information it does not wish to see divulguees.b) for the specific purposes of application of this agreement, the receiving party may communicate (, under his own responsibility, information non-disclosure to bodies or persons under its autorite.c) provided they obtain the written consent of the party providing undisclosed information, the receiving party may disseminate information more widely than allows him the point b). The parties are collaborating on the establishment of procedures to request and obtaining prior written consent for wider dissemination, and each party grants this permission to the extent permitted by its policies, regulations and laws interieures.d) information non-documentary undisclosed or other confidential information provided in seminars or other meetings of the representatives of the parties arranged under this agreement ((((, or information resulting from the assignment of staff, use of facilities or indirect actions, shall remain confidential when the recipient of such information undisclosed or other confidential or privileged has been informed of the confidential nature of this information before they communicated, in accordance with the point has) .e) each party ensures that information not to disclose that she gets in accordance with points has) and d) are protected in accordance with the provisions of this agreement. (If one of the parties finds it will be or is likely to be unable to comply with the provisions of points (a) and d) concerning the broadcasting of information, it shall inform immediately the other party. The parties shall then consult to define the course of action to adopt.

RS 0.230 RS 0.632.20, annex 1 c RS 0.231.15 RS 0.232.04 State on February 28, 2008 Annex B financial rules governing the financial contribution of the Switzerland referred to in art. 5 of this agreement I. Determination of financial participation 1.  The Commission shall communicate to the Switzerland, as quickly as possible and in any case before 1 September of each year, the following information, together with relevant documents: a) the amounts in commitment appropriations, in the statement of expenditure of the preliminary draft budget of the European Union corresponding to the two framework programmes, b) estimated amount of the contributions derived from the preliminary draft budget, corresponding to the participation of Switzerland to the two framework programmes. However, in order to facilitate internal budgetary procedures, the Commission services provide no later than May 31 of each year the indicative amounts.

2. as soon as the final adoption of the general budget, the Commission shall communicate to the Switzerland the abovementioned amounts in the statement of expenditure corresponding to the participation of the Switzerland.

II. payment Procedures 1.  The Commission is launching, in June and November of each year, a fundraising appeal to the Switzerland corresponding to its contribution to the title of this agreement. These appeals give rise to payment of six twelfths of the contribution of Switzerland, at the latest 30 days after their receipt. However, during the last year of implementation of two framework programmes, the total amount of the contribution of the Switzerland is paid no later than 30 days after receipt of the appeal.
2. the contributions of the Switzerland are expressed and paid in euros.
3. the Switzerland fulfils its contribution to the title of this agreement according to the timetable indicated in the by. 1. any late payment results in the payment of interest at a rate equal to the interbank rate offered for a month (EURIBOR), which appears on page 248 of the 'Telerate. This rate is increased by 1.5 percentage points each month of delay. The increased rate is applied to the entire period of delay. However, the interest is due only if the contribution is paid more than 30 days after the schedule to the by. 1.

4. the travel costs incurred by representatives and Swiss experts for their participation in the work of the research committees and those caused by the implementation of the two framework programmes are reimbursed by the Commission on the same basis and according to the same procedures as those in force for the representatives and experts of the Member States of the communities.

III. Conditions for implementation 1.  The financial contribution of Switzerland to the two framework programmes under art. 5 this agreement is normally unchanged for the year in question.
2. in the closing of accounts of each financial year (n) performed to the order of the account of revenues and expenditures, the Commission for the regularisation of the accounts relating to the participation of the Switzerland, taking into account the changes by transfer, cancellations, postponement, or by supplementary and amending budgets during the fiscal year.
This adjustment is made at the time of the first payment for the year n + 1. However, this regulation must intervene at the latest in July of the fourth year following the closure of the two framework programmes. Payments made by the Switzerland are credited to the Community programmes as budgetary revenue allocated to the corresponding budget line of the statement of revenue of the general budget of the European Union.

IV. Information 1.  No later than 31 May of each financial year (n + 1), the State of the appropriations for the two framework programmes corresponding to the previous financial year (n) is prepared and transmitted to Switzerland for information, according to the format of the account of revenues and expenditures of the Commission.
2. the Commission shall communicate to the Switzerland all other financial data of a general nature related to the implementation of the two framework programmes which are put at the disposal of the Member States.

State on February 28, 2008 Annex C financial control relating to Swiss participants in the Community programmes covered by this agreement I. Communication direct the Commission communicates directly with the participants in the seventh EC framework programmes and Euratom established in Switzerland and with their subcontractors. These people can pass directly to the Commission all information and documentation that they are required to communicate on the basis of the instruments referred to in this agreement and grant agreements and/or contracts concluded in application of these.

II. Audits 1.  In accordance with regulations (EC, Euratom) n 1605/2002 of 25 June 2002, amended by Regulation (EC, Euratom) n 1995/2006, and (EC, Euratom) n 2342/2002, amended by Regulation (EC, Euratom) n 1248/2006 of 7 August 2006 as well as with the other regulations referred to in this agreement, the contracts concluded with participants in the programme established in Switzerland may provide that scientific audits financial, technological or otherwise, may be made at any time with them and their subcontractors by Commission agents or by other persons mandated by the Commission.
2. officials of the Commission and other persons authorized by it have appropriate access to sites, works and documents, as well as all the necessary information, including in electronic form, to carry out these audits. This right of access is included explicitly in the grant agreements and/or contracts concluded in application of the instruments referred to in this agreement.
3. the Court of Auditors of the European communities has the same rights as the Commission.
4. the audits may take place after the expiry of the seventh EC framework programmes and Euratom or of this agreement under the terms provided for in the grant agreements and/or contracts in question.
5. the federal Swiss financial control is informed in advance of audits conducted on Swiss territory. This information is not a legal condition for the execution of these audits.

III. 1 on-site audits.  Under this agreement, the Commission (OLAF) is authorized to conduct of the checks and inspections on Swiss territory, in accordance with the terms and conditions of the Regulation (EC, Euratom) n 2185/96 of the Council and Regulation (EC) n 1073/1999 of the Parliament and the Council.
2. the controls and on-site audits are prepared and conducted by the Commission in close collaboration with federal control of Swiss or other finance competent Swiss authorities designated by the federal control of Swiss finance, who are informed in due time of the object, of the purpose and legal basis of the checks and inspections, so that they can provide all the necessary assistance. For this purpose, the agents of the competent Swiss authorities may participate in the checks and inspections on the spot.
3 If the relevant Swiss authorities so wish, the checks and inspections on the spot are made jointly by the Commission and them.
4. when participants in the seventh EC framework programmes and Euratom oppose to a control or a field audit, Swiss authorities lend to the controllers of the Commission, in accordance with the national provisions, the necessary assistance to allow the accomplishment of their mission control and audit on-site.
5 the Commission shall, at the earliest, to federal control of finance Swiss, any fact or suspicion relating to an irregularity which she was aware in the performance of the control or audit on-site. In any event, the Commission is required to inform the abovementioned authority of the result of such checks and inspections.

IV. Information and consultation 1.  For the purposes of the execution of this annex, the competent Swiss and community authorities conduct regular exchanges of information and, at the request of one of them, conduct consultations.
2. the competent Swiss authorities shall inform the Commission of any item brought to their notice suggesting the existence of irregularities related to the conclusion and execution of the grant agreements and/or contracts concluded in application of the instruments referred to in this agreement without delay.

V. confidentiality information communicated or obtained under this annex, in any form whatsoever, are covered by professional secrecy and enjoy the protection granted to similar information by Swiss law and by the corresponding provisions applicable to the Community institutions. This information may not be communicated to persons other than those which, within the Community institutions, the Member States or the Switzerland, are, by their functions, called to learn, nor be used for any purposes other than to ensure effective protection of the financial interests of the parties.

VI. measures and administrative penalties without prejudice to application of Swiss criminal law, of the measures and administrative sanctions may be imposed by the Commission in accordance with regulations (EC, Euratom) n 1605/2002 of 25 June 2002, amended by Regulation (EC, Euratom) n 1995/2006, and (EC, Euratom) n 2342/2002, amended by Regulation (EC, Euratom) n 1248/2006 of 7 August 2006 as well as the regulations (this (, Euratom) n 2988/95 of the Council of 18 December 1995 on the protection of the financial interests of the communities.

VII. recovery and enforcement decisions of the Commission taken at the title of the seventh framework programme this within the scope of this agreement, which include, dependants of persons other than States, a pecuniary obligation, are enforceable in Switzerland. The order is appended, without another control than verification of the authenticity of the title, by the authority designated by the Swiss Government, which will give knowledge to the Commission. The execution takes place according to the rules of the Swiss procedure. The legality of the decision enforceable title is subject to the control of the Court of justice of the European communities. The judgments of the Court of justice of the European communities delivered under an arbitration clause in a contract of the seventh EC framework programmes and Euratom are enforceable under the same conditions.

Final act the Plenipotentiaries of the Swiss Confederation and the European Community met in Luxembourg on 25 June 2007 for the signing of the agreement of scientific and technological cooperation between the European Community and the European Community of atomic energy, on the one hand, and the Swiss Confederation, on the other hand, have adopted the following joint statement, which is attached to this final act : joint declaration by the contracting parties on a close dialogue with a view to the implementation of the new structures of applicability of art. 169 and 171 of the EC Treaty.
They have also taken note of the declaration mentioned below and attached to this final act: declaration of the Council on the participation of Switzerland in the committees;
Declaration of the communities on treatment of researchers in the EU in Switzerland under the terms of this agreement;
Done at Luxembourg, on June 25, two thousand seven.

For the Swiss Confederation: for the European Community: for the European Community


Atomic Energy: Pascal Couchepin Annette Schavan Janez Potočnik statement joint contracting parties on a close dialogue with a view to the implementation of the new structures of applicability of art. 169 and 171 of the EC Treaty the two parties declare that, in order to ensure a proper implementation of art. 2, by. 1, of the present agreement, the Swiss Confederation will be informed in good time of the preparation for structures based on the art. 169 and/or 171 of the EC Treaty, whose application is provided for in the seventh framework programmes.

Statement by the Council on the participation of Switzerland in the committees the Council agrees that representatives of the Switzerland may, to the extent where the points on the agenda concern them, participate as observers in meetings - all committees set up under the seventh EC framework programmes and Euratom, including the Committee on scientific and technical research (CREST); - the Board of Directors of the Joint Research Centre.

These committees shall meet without the presence of representatives of the Switzerland in the votes.

Declaration of the communities on treatment of researchers in the EU in Switzerland under the terms of this agreement the communities expect from the Switzerland, to the extent where she applied a CAP to the number of residence permits available for nationals of the States members of the European Union, that it does not take into account permits of stay issued for participating researchers in related to this ceiling calculation. The communities also expect that participating researchers to employees by the joint research centres of communities and projects can also benefit from art. 12, by. 3, of the agreement of co-operation between Euratom and the Swiss Confederation in the field of thermonuclear fusion controlled and the physics of plasmas (JO L 242 of the 4.9.1978, p. 1).

Statement of the Government of the Government of the Switzerland Switzerland considers that the declaration of the communities on treatment of researchers in the EU in Switzerland under the terms of the present agreement is without prejudice to the rights and obligations of the contracting parties under the terms of the agreement with Swiss law.

RO 2008 3237 OJ L 390 of the 30.12.2006, p.1.
OJ L 227 of the 19.8.2006, p.3.
OJ L 292 of 15.11.1996, p. 2.
JO L 312 of the 23.12.1995, p.1.

State on February 28, 2008

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