Rs 0.748.127.192.68 Agreement Of 21 June 1999 Between The Swiss Confederation And The European Community On Air Transport (With Annex And Final Act)

Original Language Title: RS 0.748.127.192.68 Accord du 21 juin 1999 entre la Confédération suisse et la Communauté européenne sur le transport aérien (avec annexe et acte final)

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0.748.127.192.68 original text agreement between the Swiss Confederation and the Community European on air transport signed on 21 June 1999 and approved by the Federal Assembly on 8 October 1999 of Swiss ratification deposited on 16 October 2000, entered into force on 1 June 2002 (State on September 15, 2015) the Swiss Confederation, hereinafter referred to as "Switzerland", the Community European, hereinafter referred to as 'the Community' hereinafter referred to as "the Contracting Parties", recognising the integrated character of civil aviation international and eager to harmonize the regulatory provisions for transport air intra - European;
wishing to establish rules applicable to civil aviation in the area covered by the community and Switzerland, without prejudice to the rules defined by the EC Treaty, and in particular Community competences set by the art. 81 and 82 of the Treaty as well as the rules of competition arising therefrom;
agreeing that it is appropriate to base those rules on the legislation in force in the community at the time of the signature of this agreement;
seeking to prevent, in full respect of the independence of the courts, the differences in interpretation, and to achieve as uniform interpretation as possible of the provisions of this agreement and the corresponding provisions of Community law which are reproduced in essence in this agreement;
agreed to the following: Chapter 1 objectives art. 1-1. This agreement sets out rules which have to comply with the Contracting Parties in the field of civil aviation. These provisions shall apply without prejudice to those laid down by the EC Treaty, and particularly of the existing Community competences under the rules of competition and the provisions of these rules, as well as of the relevant Community legislation listed in the schedule to this agreement.
2. for the purposes of this agreement, the provisions contained therein as well as in the regulations and directives listed in Annex apply under the conditions defined below. Insofar as they are identical in substance to corresponding rules of the Treaty establishing the European Community and to acts adopted in application of that Treaty, these provisions are interpreted, for the purposes of their implementation and application, in accordance with the decisions and judgments of the Court of justice and the Commission of the communities European rendered prior to the date of signature of this agreement. The decisions and judgments given after the date of signature of the agreement will be disclosed to the Switzerland. At the request of one of the Contracting Parties, the implications of these decisions and subsequent cases will be determined by the Joint Committee to ensure the good functioning of this agreement.

Art. 2. the provisions of this agreement and its annex shall apply insofar as they concern air transport or objects directly related to air, such as described in the annex to this agreement.

Chapter 2: provisions general art. 3. in the area of application of this agreement, and without prejudice to the specific provisions, any discrimination based on the nationality is prohibited.

Art. 4 under this agreement and without prejudice to Regulation (EEC) of the Council n 2407/92 as shown in the annex to this agreement, restrictions on the freedom of establishment of nationals of a Member State of the EC or of the Switzerland in the territory of any other of these States are prohibited. This provision also applies to the creation of agencies, branches and subsidiaries by nationals of a Member State of the EC or the Switzerland established in the territory of any other of these States. Freedom of establishment includes access to self-employed activities and their exercise as well as the constitution and management of companies within the meaning of art. 5, by. 2, under the conditions laid down by the law of the country of establishment to its own nationals.

Art. 5-1. Under this agreement, companies created in accordance with the law of a Member State or of the Switzerland and having their registered office, central administration or principal place of business in the territory of the community or the Switzerland are assimilated to natural persons nationals of a Member State of the EC or the Switzerland.
2 "companies" means the companies of civil or commercial law, including cooperative societies and other persons of public or private law with the exception of companies that are not-for-profit.

Art. 6. the art. 4 and 5 do not apply in respect to a Contracting Party, to the activities participating in that Contracting Party, even occasionally, with the exercise of public authority.

Art. 7. the art. 4 and 5 so that the measures taken in application of those articles do not prejudge the applicability of legislative, regulatory or administrative provisions providing for a special regime for foreign nationals and justified by reasons of public order, public security or public health.

Art. 8-1. Are incompatible with this agreement and prohibited: all agreements between companies, all decisions of associations of undertakings and all concerted practices which may affect trade between Contracting Parties and which have purpose or effect is to prevent, restrict or distorting competition within the territory covered by this agreement, and particularly those who are : a. directly or indirectly fix purchase or sale or other conditions of transaction prices; (b) limit or control production, markets, technical development or investment; c. share the markets or the sources of supply; d. apply, with respect to business partners, the unequal benefits equivalent conditions, thus placing them at a competitive disadvantage; e. subordinate contracts to acceptance , by partners, additional services which, by their nature or according to commercial usage, have no connection with the subject of the contracts.

2. the agreements or decisions prohibited pursuant to this article are void as of right.
3. However, the provisions of the by. 1 may be declared inapplicable:-any agreement or category of agreements between undertakings, - any decision or category of decisions by associations of enterprises, - to any concerted practice or category of concerted practices, which contribute to improving the production or distribution of goods or to promote technical or economic progress while ensuring users a fair share of the benefit resulting , and without: a. impose on the undertakings concerned restrictions which are not indispensable to achieve those objectives; b. give these companies the possibility of eliminating competition for a substantial part of the goods in question.

Art. 9 is incompatible with this agreement and prohibited, insofar as trade between the Contracting Parties is likely to be affected, the fact for one or several companies to exploit abused a dominant position within the territory covered by this agreement or in a substantial part of it.
These abusive practices may notably include: a. to impose directly or indirectly purchase or sale prices or other trading conditions unfair; b. limiting production, opportunities or technology at the expense of consumers; c. apply with respect to commercial partners of unequal benefits equivalent conditions thus placing them at a competitive disadvantage; d. subordinate contracts to acceptance by partners as additional services which, by their nature or according to commercial usage, are not related to the subject of the contracts concerned.

Art. 10. all agreements, decisions and concerted practices whose object or effect to prevent, restrict or distort competition, as well as the abuse of dominant position, which cannot have any impact on the trade in Switzerland, Swiss law and remain the competence of Swiss authorities.

Art. 11-1. The art. 8 and 9 are applied and concentrations of firms controlled by the Community institutions, in accordance with Community legislation listed in the schedule to this agreement, taking into account the need for close cooperation between the Community institutions and the Swiss authorities.
2. the Swiss authorities, in accordance with the art. 8 and 9, decide on the admissibility of agreements, decisions and concerted practices as well as the abuse of a dominant position concerning the links between the Switzerland and third countries.

Art. 12-1. In regard to public enterprises and enterprises to which Member States of EC or the Switzerland grant special or exclusive rights, the Contracting Parties shall ensure that any measure contrary to the rules of this agreement be taken or maintained in force.

2. the companies responsible for the provision of services of general economic interest or having the character of a tax monopoly are subject to the rules of this agreement, in particular to the rules on competition, insofar as their application does not impede the accomplishment, in law or in fact, of the particular mission which them has been outsourced. The development of trade must not be affected to an extent contrary to the interests of the Contracting Parties.

Art. 13-1. Unless otherwise provided in this agreement, are inconsistent with this agreement, insofar as they affect trade between the Contracting Parties, the aid granted by the Switzerland or a Member State of the EC or from funds public, in any form whatever, and that distort or threaten to distort competition by favouring certain firms or the production of certain products.
2 are compatible with this agreement: a. aid to social character granted to individual consumers, provided that they are granted without discrimination originally concerned products; b. aid to remedy the damage caused by natural disasters or extraordinary events.

3 can be considered to be compatible with this agreement: aid to promote the economic development of areas where the standard of living is abnormally low or who are in a situation of serious underemployment; b. aid intended to promote an important project of common European interest or to remedy a disturbance severe economy of a Contracting Party; (c) aid to facilitate the development of certain activities or of certain economic areas. When they do not affect conditions of trade to an extent contrary to the common interest.

Art. 14. the Commission and the Swiss authorities ensure a permanent follow-up of the cases referred to in art. 12 and all systems of aid existing respectively in the Member States of the EC and Switzerland. Each Contracting Party shall ensure that the other Contracting Party is informed of any proceedings to ensure respect for the rules of the art. 12 and 13 and, if necessary, can submit comments before taking a final decision. At the request of a Contracting Party, the Joint Committee examines any appropriate measure relating to the object and the operation of this agreement.

Chapter 3 traffic rights art. 15-1. Subject to Regulation (EEC) of the Council n 2408/92, as referred to in the annex to this agreement: - the airlines of the community and the Switzerland receive traffic rights between any point in Switzerland and any point in the community; - two years after the entry into force of this agreement, Swiss air carriers will receive traffic rights between points in different Member States of the this.

2. for the purposes of the by. 1 of this article:-"Community air carrier" means an air carrier whose principal place of business and, if any, registered office are in the community and which is licensed under the (EEC) Council regulation 2407/92 n, referred in the annex to this agreement;-"Swiss air carrier" means an air carrier whose principal place of business and , if any, registered office are in Switzerland and who holds a licence in accordance with Regulation (EEC) of the Council n 2407/92, referred to the annex to this agreement.

3. the Contracting Parties undertake, five years after the entry into force of this agreement, negotiations on the possibility of extending the scope of this article to the traffic rights between points in Switzerland and between points in the Member States of the this.

Art. 16. the provisions of this chapter prevail over the relevant provisions of the bilateral agreements existing between the Switzerland and the Member States of the EC. However, existing traffic rights resulting from these agreements bilateral and which do not fall within the scope of art. 15 may continue to be exercised, provided that there is no discrimination due to nationality and that competition is not distorted.

Chapter 4 implementation of the agreement art. 17. the Contracting Parties shall take all measures, General or particular, to ensure the performance of the obligations resulting from this agreement, and refrain from any measure likely to impede the achievement of the objectives of this agreement.

Art. 18-1. Without prejudice of the by. 2, and that of Chapter 2, each Contracting Party is responsible for the proper application of this agreement on its own territory, and in particular of the regulations and directives referred to in annex.
2. in the case that may affect air services to be allowed under the terms of section 3 of this agreement, the Community institutions have the powers conferred on them under the regulations and directives whose application is expressly confirmed in the annex to this agreement. However, in cases where the Switzerland has taken or plans to take measures to protect the environment, pursuant to art. 8, by. 2, is art. 9 of Regulation (EEC) n 2408/92 of the Council, the Joint Committee at the request of one of the Contracting Parties, shall decide on the compliance of these measures with the agreement.
3. any action to enforce this agreement in the terms of by. 1 and 2 is carried out in accordance with art. 19 art. 19-1. Each contracting party grants to the other Contracting Party all the information and necessary assistance to investigations into potential violations that the other Contracting Party leads in such skills as provided for by this agreement.
2. when the Community institutions act under the powers conferred on them by this agreement on some topics of interest in the Switzerland and which concern the authorities or Swiss companies, Swiss authorities are fully informed and have the possibility to present their views before taking a final decision.

Art. 20. all questions concerning the validity of decisions taken by the institutions of the community based on their skills under the terms of this agreement fall within the exclusive competence of the Court of justice of the European communities.

ECJ Chapter 5 Committee joint art. 21-1. There is established a Committee composed of representatives of the Contracting Parties, the "community/Switzerland air transport Committee" (hereinafter 'Joint Committee'), responsible for the management of this agreement and its correct application. To this end, it makes recommendations and makes decisions in the cases provided for in this agreement. The decisions of the Joint Committee are implemented by the Contracting Parties in accordance with their own rules. The Joint Committee shall act by mutual agreement.
2. for the purposes of proper implementation of this agreement, the Contracting Parties exchange information and, at the request of one of them, hold consultations within the Joint Committee.
3. the Joint Committee adopts its rules of procedure, which contains, among other provisions, procedures for convening meetings, designation of the Presidency and of definition of the mandate of the latter by decision.
4. the Joint Committee shall meet as needed, and at least once a year. Each Contracting Party may request the convening of a meeting.
5. the Joint Committee may decide to set up any working group to assist it in the performance of its tasks.

Art. 22 1. The decisions of the Joint Committee are binding on the Contracting Parties.
2. If a Contracting Party considers that a decision of the Joint Committee is not properly implemented by the other Contracting Party, it may request that the issue be discussed by the Joint Committee. If the Joint Committee does not a solution within a period of two months after the referral, the requesting Contracting Party may take temporary safeguard measures in application of art. 31, for a period not exceeding six months.
3. decisions of the Joint Committee are published in the Official Journal of the European communities as well as the official compilation of federal laws. Each decision indicates the date of its implementation in the Contracting Parties and any other information likely to be of interest to economic operators. Decisions are submitted if necessary for ratification or approval by the Contracting Parties, in accordance with their own procedures.
4. the Contracting Parties will notify each other the fulfilment of this formality. If on the expiry of a period of twelve months after the adoption of a decision by the Joint Committee this notification is not given, the by. 5 applies mutatis mutandis.
5. without prejudice of the by. 2, if the Joint Committee may take a decision on a matter which has been referred within six months following the date of the referral, the Contracting Parties may take temporary safeguard measures in application of art. 31, for a period not exceeding six months.

6. as regards legislation covered by art. 23 and adopted between the signing of this agreement and its entry into force, and of which the other Contracting Party has been informed, the reporting reference date to the by. 5 is the date of receipt of the information. The date on which the Joint Committee takes a decision cannot be earlier than two months after the date of entry into force of this agreement.

Chapter 6 new legislation art. 23 1. This agreement does not prejudice the right of each Contracting Party, subject to the respect of the principle of non discrimination and the provisions of this agreement, to amend unilaterally its legislation on a point regulated by this agreement.
2. as soon as a new legislative provision is developed by one of the Contracting Parties, it consults informally experts of the other Contracting Party. In the period preceding the formal adoption of the new legislative provision, the Contracting Parties inform each other and consult each other as closely as possible. At the request of one of the Contracting Parties, a preliminary exchange of views may intervene 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 no later than eight days after the publication in the Official Journal of the European communities or to the official collection of federal law. At the request of a Contracting Party, the Joint Committee shall, no later than six weeks after the request, give an exchange of views on the implications of this change for the functioning of this agreement.
4. the Joint Committee:- either adopt a decision revising the annex or, if necessary, propose a revision of the agreement to incorporate, on a reciprocal basis, changes to the legislation at issue; - either adopt a decision that changes made to the legislation at issue are considered to be compatible with the proper functioning of this agreement; - or decide any other measure to safeguard the proper functioning of this agreement.

Chapter 7 third countries and international organizations art. 24. the Contracting Parties shall consult in good time at the request of one of them, in accordance with the procedures laid down in art. 25, 26 and 27 on: a. the air transport questions dealt with by international organizations; (b) the various aspects of possible developments in relations between Contracting Parties and third countries in the field of air transport, and on the functioning of the main elements of bilateral or multilateral agreements concluded in this field.

The consultations involved in the month following the request, or as soon as possible in urgent cases.

Art. 25 1. The main objectives of the consultations provided for in art. 24, point, are the following: a. determine jointly whether the questions raise problems of common interest; (b) depending on the nature of the issues involved:-examine together whether to coordinate the action of the Contracting Parties within international organisations, or - consider jointly any other approach which might be appropriate.

2. the Contracting Parties as soon as possible exchange any information in relation to the objectives outlined in the by. 1 art. 26-1. The main objectives of the consultations provided for in art. 24, let. b, are to examine the relevant issues and to consider any approach.
2. for the purposes of the consultations referred to the by. 1, each Contracting Party shall inform the other Contracting Party of possible developments in the field of air transport and of the operation of bilateral or multilateral agreements concluded in this field.

Art. 27 1. The consultations provided for in art. 24, 25 and 26 are held within the Joint Committee.
2. If an agreement between one of the Contracting Parties and a third country or an international organization has negative consequences for the interests of the other Contracting Party, this one, notwithstanding the provisions of Regulation (EEC) n 2408/92 of the Council, as referred to in the annex to this agreement, may take temporary safeguards appropriate to the subject of access to the market in order to maintain the balance of this agreement. However, these measures cannot be adopted after consultations on this subject are involved in the Joint Committee.

Chapter 8 provisions final art. 28. the representatives, experts and other agents of the Contracting Parties shall, even after the termination of their functions, not to disclose the information obtained under this agreement, which is covered by professional secrecy.

Art. 29. each Contracting Party may submit to the Joint Committee a dispute relating to the interpretation or application of this agreement. That one is trying to settle the dispute. All relevant information to allow for a thorough review of the situation to find an acceptable solution is provided to the Joint Committee. For this purpose, the Joint Committee examines all the possibilities to maintain the good functioning of this agreement. This section does not apply to questions falling within the exclusive competence of the Court of justice of the European communities under the terms of art. 20 art. 30 1. If a Contracting Party wishes to a revision of the agreement, she informs the Joint Committee. The modification of this agreement will be effective after the completion of the respective internal procedures of the Contracting Parties.
2. the Joint Committee may, on the proposal of a Contracting Party and by a decision in accordance with art. 23, amend Schedule.

Art. 31. If a Contracting Party refuses to comply with an obligation arising from this agreement, the other party may, without prejudice to art. 22 and after completing any other procedure provided in this agreement, take appropriate temporary safeguard measures in order to maintain the balance of this agreement.

Art. 32. the annex to this agreement is an integral part of it.

Art. 33 without prejudice to art. 16, this agreement takes precedence over the relevant provisions of the bilateral agreements in force between the Switzerland on the one hand and States members on the other hand concerning any matter covered by this agreement and its annex.

Art. 34. this agreement applies, on the one hand, to the territories where the Treaty establishing the European Community is applicable and under the conditions provided in that Treaty and, on the other hand, to the territory of the Switzerland.

Art. 35 1. In the event of denunciation of this agreement, in application of art. 36, by. 4, air services operating on the date of its expiry in application of art. 15 may continue until the end of time in the current season to that date.
2. the rights and obligations of businesses arising from the art. 4 and 5 of this agreement and the rules defined by Regulation (EEC) n 2407/92 of the Council referred to in the annex to this agreement are not affected by the denunciation of the agreement in application of art. 36, by. 4 art. 36 1. This agreement will be ratified or approved by the Contracting Parties according to specific procedures. It comes into force on the first day of the second month following the last notification of deposit of the instruments of ratification or approval of all the following seven agreements: - agreement on air transport - agreement on the free movement of persons; - agreement on the transport of goods and passengers by rail and road; - agreement on trade in agricultural products; - agreement on mutual recognition of conformity assessment; - agreement on certain aspects of government procurement; Agreement on scientific and technological cooperation.

2. this agreement is concluded for an initial period of seven years. It is renewed for an indefinite period unless the European Community or the Switzerland notifies the contrary to the other Contracting Party before the expiry of the initial period. In the event of notification, the provisions of the by. 4 apply.
3. the European Community or the Switzerland may denounce this agreement by notifying its decision to the other Contracting Party. In the event of notification, the provisions of the by. 4 apply.
4. the seven agreements referred in the by. 1 cease to be applicable six months after receipt of the notification on the non renewal referred to the by. 2 or the denunciation referred to the by. 3. made in Luxembourg, the twenty and a June year thousand nine hundred ninety-two copies in languages Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, each of these texts being equally authentic.

For the Swiss Confederation: Pascal Couchepin Joseph Deiss Pour the European Community: Joschka Fischer Hans van den Broek RS RS RS RS RS 0.172.052.68 0.946.526.81 0.916.026.81 0.740.72 0.142.112.681 [RO 2002 1998] Annex for the purposes of this agreement:

-by the Treaty of Lisbon, entered into force on 1 December 2009, the European Union replaces and succeeds the European Community; - in all cases where the acts to which it is made reference in this annex refer to States members of the European Community, replaced by the European Union, or the requirement of a connection with them, these terms are deemed , for the purposes of the agreement, send also the Switzerland or to the requirement of an identical connection therewith;-the references to regulations (EEC) 2407/92 n and n 2408/92 of the Council to the art. 4, 15, 18, 27 and 35 of the agreement agree as references to Regulation (EC) 1008/2008 n; - without prejudice to art. 15 of this agreement, the term "Community air carrier" referred to in the following guidelines and Community regulations also applies to a carrier air operating permit holder and having its principal place of business and, if any, its registered office in Switzerland in accordance with the Regulation (EC) n 1008/2008 of the European Parliament and the Council. Any reference to Regulation (EEC) n 2407/92 of the Council is understood as a reference to Regulation (EC) n 1008/2008 of the European Parliament and the Council; - any reference in the following texts in art. 81 and 82 of the Treaty or to the art. 101 and 102 of the Treaty on the functioning of the European Union is understood as a reference to the art. 8 and 9 of this agreement.
1. liberalization in the field of aviation and other rules applicable to the civil aviation regulation N1008/2008 of the European Parliament and of the Council of 24 September 2008 establishing common rules for the operation of air services in the community N 2000/79 Council Directive of 27 November 2000 concerning the implementation of the European Agreement on the development of the working time of mobile staff in civil aviation concluded by the Association of the European airlines (AEA), the European Federation of workers of transport (ETF), the Association European of aircrew technical (ECA), the Association European aviation companies of the regions of Europe (ERA) and the International Association of air charters (IACA).
N 93/104 Directive of the Council of 23 November 1993 concerning certain aspects of the working time, amended by management:-directive 2000/34/EC.
N 437/2003 regulation of the European Parliament and of the Council of 27 February 2003 on statistical data on the transport of passengers, freight and mail by air N 1358/2003 Commission Regulation of 31 July 2003 on the implementation of Regulation (EC) n 437/2003 of the European Parliament and of the Council on the statistical data on passenger transport freight and mail by air and amending annexes I and II of the Regulation N 785/2004 regulation of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators, modified by:-Regulation (EU) n 285/2010 Commission.
N 95/93 Council regulation of 18 January 1993 laying down common rules in the allocation of slots at airports in the Community (art. 1 to 12), amended by:-Regulation (EC) No. 793/2004.
N 2009/12 Directive of the European Parliament and of the Council of 11 March 2009 on airport charges N 96/67 Council Directive of 15 October 1996 on access to the European market of groundhandling at airports of the Community (art. 1 to 9, 11 to 23 and 25) N 80/2009 regulation of the Parliament and of the Council of 14 January 2009 establishing a code of conduct for use of computerized reservation systems and repealing Regulation (EEC) No. 2299/89 of the Council 2. Competition rules N regulation 1/2003 of the Council of 16 December 2002 on the implementation of the competition rules laid down in art. 81 and 82 of the Treaty (art. 1 to 13 and 15 to 45) (to the extent where this regulation is relevant to the application of this agreement. The insertion of this regulation does not change the distribution of the tasks provided for in this Agreement).
N 773/2004 Commission Regulation of 7 April 2004 relating to the procedures implemented by the Commission in application of art. 81 and 82 of the EC Treaty, modified by:-Regulation (EC) n 1792/2006 the Commission,-Regulation (EC) n 622/2008 of the Commission.

N 139/2004 Council regulation of 20 January 2004 on the control of concentrations between undertakings ("the regulation on concentrations) (arts. 1 to 18, art. 19, paras. 1 and 2, and art. 20 to 23) in respect of art. 4, by. 5, of the merger regulation, the following provisions shall apply between the European Community and the Switzerland: (1) in the case of a concentration such as defined in art. 3 of the Regulation (EC) No. 139/2004, which is not a Community dimension within the meaning of art. 1 of that regulation and which is likely to be reviewed under the national law of competition from at least three Member States of the EC and the Swiss Confederation, the persons or undertakings referred to in art. 4, by. 2, of the same regulation may, before any notification to the competent authorities, inform the Commission, by means of a reasoned submission, that the concentration should be examined by it. (2) the Commission must without delay provide the Swiss Confederation all the submissions received pursuant to art. 4, by. 5, Regulation (EC) 139/2004 and the previous paragraph n. (3) where the Swiss Confederation expressed its disagreement on the request for referral of the case, the Swiss competition authority retains its jurisdiction and the case is not returned under this subsection.

With regard to the periods referred to in art. 4, by. 4 and 5, to the art. 9, by. 2 and 6, and art. 22, by. 2, of the merger regulation: (1) the Commission must without delay provide the Swiss competition authority all documents required under art. 4, by. 4 and 5, to the art. 9, by. 2 and 6, and art. 22, by. 2. (2) for the Swiss Confederation, the periods referred to in art. 4, by. 4 and 5, to the art. 9, by. 2 and 6, and art. 22, by. 2, of Regulation (EC) No. 139/2004 run after receipt of the documents required by the Swiss competition authority.

N 802/2004 Commission Regulation of 7 April 2004 on the implementation of the Regulation (EC) No. 139/2004 of the Council on the control of concentrations between undertakings (art. 1 to 24), amended lastly by:-Regulation (EC) n 1792/2006 the Commission,-Regulation (EC) n 1033/2008 of the Commission,-the (EU) n 1269/2013 the Commission implementing regulation.

N Directive 2006/111 of the Commission of 16 November 2006 on the transparency of financial relations between Member States and public enterprises as well as financial transparency in some companies N 487/2009 of the Council regulation of 25 May 2009 on the application of art. 81, per. 3, of the Treaty to categories of agreements and concerted practices in the field of air transport 3. Air safety N 216/2008 regulation of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing directive 91/670/EEC of the Council, the Regulation (EC) n 1592/2002 and directive 2004/36/EC, amended lastly by : - Regulation (EC) n 690/2009 of the Commission,-Regulation (EC) n 1108/2009,-Regulation (EC) n 6/2013 the Commission.

The Agency has also in Switzerland the powers under the provisions of the regulation.
The Commission has also in Switzerland the powers granted to the decisions adopted under art. 11, by. 2, art. 14, by. 5 and 7, art. 24, by. 5, art. 25, by. 1, art. 38, by. 3, point i), art. 39, by. 1, art. 40, by. 3, art. 41, by. 3 and 5, art. 42, by. 4, art. 54, by. 1 and art. 61, by. 3. Notwithstanding the horizontal adaptation provided in the second paragraph of the annex to the agreement between the European Community and the Swiss Confederation on air transport, references to "Member States" listed art. 65 of the regulations or in the provisions of decision 1999/468/EC mentioned in that provision shall not be deemed to apply to the Switzerland.
No provision of this regulation must be interpreted as meaning that it confers to EASA authority to act on behalf of Switzerland under international agreements for other purposes than to help fulfill the obligations imposed under these agreements.
For the purposes of this agreement, the text of the regulation is adapted as follows: has) art. 12 is amended as follows: i) to the by. 1, the words "or the Switzerland" are inserted after the words 'Community'; ii) to the by. (2, point (a), the words "or the Switzerland" are inserted after the words 'Community'; iii) to the by. 2, points b) and c) are deleted; iv) the following paragraph is added:


"3. whenever the community negotiates with a third country to conclude an agreement that a Member State or the Agency may issue certificates on the basis of certificates issued by aeronautical authorities of that third country, she strives for that is proposed to the Switzerland a similar agreement with the third country concerned. (The Switzerland strives, on the other hand, to conclude with third countries agreements corresponding to those of the community.' b) A art. 29, the following paragraph is added: '4. by way of derogation to art. 12, by. (2,_point_a), of the regime applicable to other agents of the European communities, nationals of the Switzerland enjoying their civil rights may be engaged under contract by the Executive Director of the Agency. "c) the art. 30, the following paragraph is added: 'The Switzerland apply to the Agency the Protocol on the privileges and immunities of the European Union, which in Annex A of the present annex, in accordance with the Appendix of annex a.' d) the art. 37, the following paragraph is added: "The Switzerland's full participation in the Board of Directors and has the same rights and obligations as the Member States of the European Union, except the right to vote." e) the art. 59, the following paragraph is added: '12. The Switzerland participates in the financial contribution of the Union referred to the by. 1, point (b), according to the following formula: S (0.2/100) + S [1 - (a + b) 0.2/100] c/C where: S = the part of the budget of the Agency not covered by the fees and charges specified in the by. «(1, points c) and d), a = the number of associated States, b = the number of Member States of the EU, c = the contribution of Switzerland to the ICAO budget, C = the total contribution of the Member States of the EU and associated States to the budget of the ICAO.» (f) the art. 61, the following paragraph is added: 'the provisions on financial control exercised by the community in Switzerland with respect to the participants in the activities of the Agency are set out in Annex B of this annex.'

(g) annex II to the regulation is extended to the following aircraft as products of art. 2, by. 3, point (a) (ii) of the Regulation (EC) n 1702/2003 the Commission on 24 September 2003 establishing rules for the certification of airworthiness and environmental aircraft and products, parts and equipment associated with, as well as for the certification of design and production organizations: a/c - [HB - IDJ] - type CL600 - 2 B 19 a/c - [HB - IKR, HB - IMY, HB - IWY] - type Gulfstream G - IV a/c - [HB - IMJ [, HB - IVZ, HB - JES]-type Gulfstream G - V a/c - [HB - XJF, HB - ZCW, HB - ZDF] - type MD900.

N 1108/2009 regulation of the European Parliament and of the Council of 21 October 2009 amending regulations (EC) n 216/2008 in the field of aerodromes, air traffic management and air navigation services, and repealing directive 2006/23/EC N 1178 / Commission of November 3, 2011 2011 regulation determining technical requirements and administrative procedures applicable to personnel of civil aviation in accordance with the Regulation (EC) n 216/2008 of the Parliament European Council, modified by:-Regulation (EU) No. 290/2012 the Commission,-the Regulation (EU) n 70/2014 the Commission, - Regulation (EU) n 245/2014 the Commission -, (EU) n 2015/445 of the Commission.

N 3922/91 Council regulation of 16 December 1991 on the harmonisation of technical rules and administrative procedures in the field of civil aviation (art. 1-3, art. 4, para. 2, art. 5 to 11, and art. 13), amended by:-Regulation (EC) n 1899/2006,-Regulation (EC) n 1900/2006,-Regulation (EC) n 8/2008 of the Commission , - Regulation (EC) n 859/2008 of the Commission.

N 996/2010 regulation of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing the directive 94/56/EC N 2003 / 42 Directive of the European Parliament and of the Council of 13 June 2003 on accounts rendered events in civil aviation (arts. 1 to 12) N 1321/2007 Commission Regulation of 12 November 2007 laying down the rules of application for registration in a central directory, events of civil aviation information exchanged in accordance with directive 2003/42/EC of the European Parliament and of the Council N 1330/2007 Commission Regulation of 24 September 2007 laying down the rules of application for the dissemination to interested parties of civil aviation events referred to in art. 7, by. 2, of directive 2003/42/EC of the European Parliament and of the Council N 2042/2003 Commission Regulation of 20 November 2003 on the continuing airworthiness of the aircraft and of products, parts and equipment, aerospace, and on accreditation of organizations and personnel involved in these tasks, modified by:-Regulation (EC) n 707/2006 the Commission , - Regulation (EC) n 376/2007 Commission,-Regulation (EC) n 1056/2008 of the Commission,-Regulation (EU) n 127/2010 Commission,-Regulation (EU) n 962/2010 Commission, - Regulation (EU) n the Commission 2011-1149 -, Regulation (EU) No. 593/2012 the Commission.

N 104/2004 Commission Regulation of 22 January 2004 laying down rules relating to the organisation and the composition of the Board of appeal of the European aviation safety N 2111/2005 regulation of the Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers which are subject to an operating in the Community ban and the passenger information from the airline on the identity of the operating air carrier European , and repealing art. 9 of directive 2004/36/EC N 473 / 2006 Commission Regulation of 22 March 2006 on the rules of implementation for the Community list of air carriers which are subject to an operating ban within the Community referred to in chapter II of Regulation (EC) No. 2111/2005 of the European Parliament and the Council N 474/2006 Commission Regulation of 22 March 2006 establishing the Community list of air carriers which are subject to a operating ban within the Community referred to in chapter II of Regulation (EC) No. 2111/2005 of the European Parliament and the Council, amended last by:-implementing Regulation (EU) n 1318/2014 the Commission.
N 1332/2011 to December 16, 2011 Commission Regulation establishing common requirements for the use of airspace and operating procedures common to avoidance of collisions in flight N 646/2012 implementing regulation of the Commission of 16 July 2012 establishing delivery relating to the fines and penalties in accordance with the Regulation (EC) n 216/2008 of the European Parliament and the Council N 748/2012 Commission Regulation from August 3, 2012, establishing rules of application for airworthiness and environmental certification of aircraft and products, parts and related equipment, as well as for the certification of design and production agencies changed by: - Regulation (EU) n 7/2013 the Commission, - Regulation (EU) n 69/2014 the Commission.

N 965/2012 the Commission Regulation of 5 October 2012 determining technical requirements and administrative procedures applicable to operations in accordance with the Regulation (EC) n 216/2008 of the European Parliament and the Council, modified by:-Regulation (EU) n 800/2013 the Commission, - Regulation (EU) n 71/2014 the Commission -, Regulation (EU) n 83/2014 the Commission - Regulation (EU) n 379/2014 the Commission, - Regulation (EU) n 2015/140 of the Commission.

N 2012/780 implementing Decision of the Commission of 5 December 2012 relating to rights of access to the European central register of safety recommendations and responses to these recommendations established under art. 18, by. 5, Regulation (EU) n. 996/2010 of the Parliament and of the Council on investigation and prevention of accidents and incidents in civil aviation and repealing the directive 94/56/EC N 628 / 2013 implementing regulation of the Commission of 28 June 2013 relative to the methods of work of the European Agency of air safety for the execution of standardisation inspections and control of the application of the provisions of the Regulation (EC) n 216/2008 of the European Parliament and the Council, and repealing Regulation (EC) n 736/2006 the Commission N 139/2014 the Commission Regulation on February 12, 2014, establishing technical requirements and administrative procedures for aerodromes in accordance with the regulations (EC) n 216/2008 of the European Parliament and the Council N 319/2014 the Commission Regulation of March 27, 2014, relating to fees and charges levied by the European Aviation Safety Agency and repealing Regulation (EC) n 593 / 2007 N 452/2014 the Commission Regulation of 29 April 2014 determining technical requirements and administrative procedures for flight operations of operators from third countries in accordance with the Regulation (EC) n 216/2008 of the European Parliament and the Council N 1321/2014 the Commission Regulation of 26 November 2014 on the continuing airworthiness of the aircraft and the products parts and equipment, aerospace, and on accreditation of organizations and personnel involved in these tasks N 2015/340

The Commission Regulation of 20 February 2015 determining technical requirements and administrative procedures applicable to licenses and certificates of controller of air traffic in accordance with the Regulation (EC) n 216/2008 of the European Parliament and the Council, amending the implementing Regulation (EU) No. 923/2012 of the Commission and repealing Regulation (EU) n. 805/2011 Committee 4. Aviation security N 300/2008 regulation of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) n 2320/2002 N 272/2009 Commission Regulation of 2 April 2009 supplementing the common basic standards for security of civil aviation in annex of the Regulation (EC) n 300/2008 of the European Parliament and of the Council amended last by:-Regulation (EU) n 297/2010 Commission,-the Regulation (EU) n 2011-720 the Commission, - Regulation (EU) n the Commission 2011-1141 -, (EU) n 245/2013 the Commission.

N 1254/2009 of 18 December 2009 Commission Regulation laying down the criteria allowing Member States to derogate from the basic standards common in civil aviation security and other measures of safety N 18/2010 Commission Regulation of 8 January 2010 amending regulations (EC) n 300/2008 of the European Parliament and of the Council with regard to the specifications of the national programs of control of quality in the field of the safety of civil aviation N 72/2010 Regulation (EU) of the Commission on January 26, 2010, establishing procedures for the conduct of the inspections carried out by the Commission in the field of aviation security N 185/2010 Regulation (EU) of the Commission of 4 March 2010 laying down detailed measures for the implementation of the common basic standards in the field of civil aviation security modified by:-Regulation (EU) n 357/2010 Commission,-Regulation (EU) n 358/2010 Commission,-Regulation (EU) n 573/2010 Commission, - Regulation (EU) n. 983/2010 Commission, - Regulation (EU) n 2011-334 the Commission, - the regulations (EU) n the Commission 2011-859, - the regulations (EU) n the Commission 2011-1087 , - the regulations (EU) n the Commission 2011-1147,-the implementing Regulation (EU) No. 173/2012 of the Commission-the (EU) No. 711/2012 the Commission implementing regulation,-the implementing Regulation (EU) No. 1082/2012 the Commission, - the implementing Regulation (EU) n 104/2013 of the Commission-the regulations (EU) n 246/2013 the Commission -, the regulations (EU) n 654/2013 of the Commission , - the regulations (EU) n 1103/2013 the Commission,-the regulations (EU) No. 1116/2012 the Commission,-the implementing Regulation (EU) n 278/2014 the Commission, - the (EU) n 687/2014 the Commission implementing regulation -, the regulations (EU) n 2015/187 of the Commission.

N 2010/774 Commission Decision of April 13, 2010 laying down detailed measures for the implementation of the common rules in the field of aviation security containing the information referred to in art. 18, point (a) of Regulation (EC) n 300/2008, modified by: - decision 2010/2604/EU, the Commission - decision 2010-3572-EU, the Commission - 2010-9139-EU Commission decision - the 2011/5862/EU the Commission implementing decision - 2011/8042 of the Commission implementing decision, - 2011-9407-EU the Commission implementing decision - the decision to run the Commission, - the decision to run the Commission, - the decision to run 2012-5880-EU Commission -, the implementing decision 2013-1587-EU, the Commission - the 2013-2045-EU the Commission implementing decision - 2013-4180-EU the Commission implementing decision 2012-5672-EU -, the 2013-7275-EU the Commission implementing decision 2012-1228-EU - the decision to run 2014-1200-EU Commission, - the decision to run 2014-1635-EU Commission, - the decision to run 2014-3870-EU Commission -, the decision to run 2014-4054-EU Commission -, the implementing decision 2015-561-EU Commission - 2015-984-EU the Commission implementing decision.

N 2013/511 implementing Decision of the Commission of 4 February 2013 regarding the screening of passengers and persons other than passengers through detection of traces of explosives equipment associated with a 5 portable metal detector. Management of European air traffic N 549/2004 regulation of the Parliament and of the Council of 10 March 2004 laying down the framework for the realisation of the single European sky ('framework regulation'), amended by:-Regulation (EC) n 1070/2009.
The Commission enjoys in Switzerland of the powers conferred on him under art. 6, 8, 10, 11 and 12.
Art. 10 is amended as follows: in the by. 2, the words 'at Community level' are replaced by the words "at the community level, as well as in Switzerland.
Notwithstanding the horizontal adaptation provided for in paragraph 2 of the annex to the agreement between the European Community and the Swiss Confederation on air transport, references to "Member States" listed art. 5 of Regulation (EC) No. 549/2004 or in the provisions of decision 1999/468/EC mentioned in that provision shall not be deemed to apply to the Switzerland.
N 550/2004 regulation of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky ('regulation on the provision of services), modified by:-Regulation (EC) n 1070/2009.
The Commission enjoys in Switzerland of the powers conferred on him under art. 9, 9, 15, 15, 16 and 17.
For the purposes of this agreement, the provisions of the regulation are changed as follows: has) art. 3 is amended as follows: in the by. 2, the words "and Switzerland" shall be inserted after the words "the community".
(b) art. 7 is amended as follows: in the by. 1 and 6, the words "and Switzerland" shall be inserted after the words 'the Community '.
(c) art. 8 is amended as follows: in the by. 1, the words "and Switzerland" shall be inserted after the words 'the Community '.
(d) art. 10 is amended as follows: in the by. 1, the words "and Switzerland" shall be inserted after the words 'the Community '.
(e) in art. 16, the by. 3 is replaced by the following: "3. the Commission shall communicate its decision to the Member States and inform the service provider, in so far as it is legally concerned."
N 551/2004 regulation of the European Parliament and of the Council of 10 March 2004 on the organisation and use of airspace in the single European sky ('the airspace regulation"), modified by:-Regulation (EC) n 1070/2009.
The Commission enjoys in Switzerland the powers granted under art. 3, 6, and 10.
N 552/2004 regulation of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European network of management of air traffic ('the interoperability regulation'), amended by:-Regulation (EC) n 1070/2009.
The Commission enjoys in Switzerland of the powers conferred on him under art. 4 and 7 and art. 10, by. 3. for the purposes of the agreement, the provisions of the regulation are changed as follows: has) art. 5 is amended as follows: in the by. 2, the words "or Switzerland" shall be inserted after the words "the community".
(b) art. 7 is amended as follows: in the by. 4, the words "or Switzerland" shall be inserted after the words "the community".
(c) Annex III is amended as follows: in section 3, second and last subparagraphs, the words "or Switzerland" shall be inserted after the words "the community".
N 2150/2005 of 23 December 2005 Commission Regulation establishing common rules for the flexible management of airspace N 1033/2006 Commission Regulation of 4 July 2006 setting the rules on procedures for flight plans during the phase prior to the flight in the single European sky, modified by:-implementing Regulation (EU) No. 923/2012 the Commission -the (EU) n 428/2013 the Commission implementing regulation.

N 1032/2006 regulation of the Commission, of 6 July 2006, establishing the requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units, modified by:-Regulation (EC) n 30/2009 of the Commission.
N 730/2006 Commission Regulation of 11 May 2006 on airspace classification and access to flights conducted according to the rules of flight above flight level 195, modified by:-implementing Regulation (EU) No. 923/2012 the Commission.
N 219/2007 Council regulation of 27 February 2007 on the constitution of a joint venture for the realization of the European system of new generation for the management of air traffic (SESAR), modified by:-Regulation (EC) n 1361/2008 Council,-Regulation (EC) n 721/2014 Council.

N 633/2007 Commission Regulation of 7 June 2007 establishing the requirements for the application of a protocol to transfer messages from flight used for the purpose of notification, coordination and transfer of flights between air traffic control units, modified by:-Regulation (EU) n 2011-283 the Commission.
N 482/2008

Commission Regulation of 30 May 2008 establishing a system of insurance of security software to be implemented by air navigation service providers and amending Annex II to Regulation (EC) n European 2096/2005 N 29/2009 Commission Regulation of January 16, 2009, defining the requirements for the services of data binding for the single sky modified by:-implementing Regulation (EU) n 2015/310 of the Commission.
For the purposes of the presentaccord, the text of the regulation is adapted as follows: "Switzerland UIR" is added to annex I, part A.
N 262/2009 Commission Regulation of 30 March 2009 setting the requirements for the assignment and use coordinated codes interrogator S mode for the single European sky N 73/2010 Commission Regulation of 26 January 2010 defining the requirements for the quality of the data and aeronautical for the single European Sky information, modified by : - the (EU) n 1029/2014 the Commission implementing regulation.
N 255/2010 of 25 March 2010 Commission Regulation establishing common rules on air traffic flow management, modified by:-implementing Regulation (EU) No. 923/2012 the Commission.
N f2010/5134 Commission Decision of 29 July 2010 concerning the appointment of the evaluation body for the performance of the single European sky N 2014/672 September 24, 2014 Commission implementing Decision concerning the appointment of the evaluation body for the performance of the single European sky N 2011-176 the Commission Regulation of 24 February 2011 on information to be provided prior to the creation or modification of a N 677 functional airspace block. 2011 Commission Regulation of 7 July 2011 establishing the implementing rules of the functions of carriers of air traffic management and amending Regulation (EU) No.. 691/2010, modified by - the (EU) n 970/2014 the Commission implementing regulation.
N 677/2011 the Commission Regulation of 7 July 2011 establishing the implementing rules of the functions of the air traffic management network and amending regulations (EU) n 691/2010, modified by:-implementing Regulation (EU) n 970/2014 the Commission.
N 2011/4130 Commission Decision of 7 July 2011 appointing Manager network the network functions of the management of air traffic for the single European sky N 1034/2011 implementing regulation of the Commission of 17 October 2011 on the safety oversight in air traffic management and amending Regulation (EU) n 2010-691 N 1035/2011 regulations under the Commission of October 17, 2011 establishing requirements municipalities for the provision of air navigation services and amending regulations (EC) n 482/2008 and (EU) n 691/2010, modified by: - the implementing Regulation (EU) No. 923/2012 the Commission, - the (EU) n 448/2014 the Commission implementing regulation.

N 1206/2011 regulations of the Commission of 22 November 2011 laying down requirements for the identification of an aircraft in the surveillance activities for the single European sky for the purposes of this agreement, the text of the regulation is adapted as follows: "Switzerland UIR" is added to annex I.
N 1207/2011 regulations of the Commission of 22 November 2011 setting requirements to the performance and interoperability of monitoring for the single European sky, modified by:-implementing Regulation (EU) n 1028/2014 the Commission.
N 923 2012 regulations of the Commission of 26 September 2012 the common air, rules of the operational provisions in air navigation procedures and services and amending the regulations (EU) n 2011-1035, as well as regulations (EC) n 1265/2007, (EC) n 1794/2006, (EC) n 730/2006, (EC) n 1033/2006 and (EU) n 255/2010 modified by:-implementing Regulation (EU) n 2015/340 the Commission.
N 1079/2012 implementing regulation of the Commission on November 16, 2012, establishing specifications for the channel spacing of voice communication for the single European sky amended by:-implementing Regulation (EU) n 657/2013 the Commission.
N 390/2013 implementing regulation of the Commission of May 3, 2013, establishing a system of performance for air navigation services and network functions N 391/2013 implementing regulation of the Commission of May 3, 2013 establishing a pricing system of air navigation services N 409/2013 implementing regulation of the Commission of May 3, 2013, on the definition of common projects and establishing a mechanism of governance and incentives for support the implementation of the European master plan for air traffic N 2014/132 implementing Decision of the Commission on March 11, 2014, setting performance objectives of the Union for the air traffic management network and the thresholds of alert for the second reporting period 2015 to 2014 N 716/2014 implementing regulation of the Commission of 27 June 2014 on the establishment of common support pilot project management to implementation implementation of the European 6 air traffic management master plan. Environment and noise N 2002/30 Directive of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures for the introduction of operating restrictions relating to noise in the Community (articles 1 to 12 and 14 to 18) airports (from changes in annex I, annex II, Chapter 8 (transport policy), section G (Air Transport)) , number 2, of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, and to the adjustments of the treaties on which the Union is founded European are applicable.)
N 89/629 Council Directive of 4 December 1989 on the limitation of noise emission from civil subsonic jet (arts. 1 to 8) N 2006/93 / this Directive of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aircraft covered by Annex 16 of the convention relating to civil aviation international , volume 1, second part, Chapter 3, second edition (1988) 7. Consumer protection N 90/314 Council Directive of 13 June 1990 concerning travel, holidays and package tours.
(art. 1 to 10)
N 93/13 Council Directive of 5 April 1993 on unfair terms in contracts concluded with consumers.
(arts. 1-11)
N-2027/97 the Council regulation of 9 October 1997 relating to the liability of air carriers in case of accident (art. 1 to 8), amended by: Regulation (EC) No. 889/2002 N 261/2004 regulation of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of a flight , and repealing Regulation (EEC) n 295/91 (arts. 1 to 18) n. 1107/2006 regulation of the European Parliament and of the Council of 5 July 2006 concerning the rights of persons with disabilities and persons with reduced mobility when they air travel 8. Various N 2003/96 Council Directive of 27 October 2003 restructuring the Community framework for taxation of energy products and electricity.
(art. 14, para. 1, b), and by. (2) 9. Annexes: A: Protocol on the privileges and immunities of the European Union B: provisions on financial control exercised by the European Union against participants Swiss to the activities of the EASA new content depending on the D n 1/2015 of the Joint Committee of the air transport community/Switzerland on August 20, 2015, in force for Switzerland since 15, seven. 2015 (2015 2983 RO).
OJ L 243 of the 27.9.2003, p. 6.
This regulation will apply in Switzerland as long as it is in force in the EU.
This decision is not published in the Journal official of the European Union, but only notified to the body concerned.

State on September 15, 2015 Annex A protocol on the privileges and immunities of the European Union chapter I property, funds, assets and operations of the Union European art. 1. the premises and buildings of the Union shall be inviolable. They are exempt from search, requisition, confiscation or expropriation. The property and assets of the Union cannot be the subject of any administrative measure or judiciary without a permission of the Court of justice.

Art. 2. the archives of the Union shall be inviolable.

Art. 3. the Union, its assets, income and other property are exempt from all direct taxes.
The Governments of the Member States, whenever it is possible, appropriate provisions with a view to delivery or refund the amount of indirect taxes and the sales tax entering the price of real estate or furniture, when the Union makes, for official use, important purchases which price includes duty and tax of this nature. However, the application of these provisions should not have the effect of distorting competition within the Union.

No exemption is granted with respect to taxes, duties and rights that are just simple compensation of General utility services.

Art. 4. the Union shall be exempt from all customs duties, prohibitions and restrictions of import and export of articles intended for its official use; Thus imported items will not be transferred for consideration or free on the territory of the country in which they will have been introduced, unless what is conditions approved by the Government of that country.
It is also exempt from all tariff and any prohibition and restriction of import and export for their publications.

Chapter II Communications and passes art. 5. for their official communications and the transmission of all their documents, the institutions of the Union have in the territory of each Member State the treatment accorded by that State to diplomatic missions.
Official correspondence and other official communications of the institutions of the Union cannot be censored.

Art. 6 passes whose form is adopted by the Council acting by a simple majority, and which are recognized as valid traffic titles by the authorities of the Member States may be issued to members and officers of the institutions of the Union by the presidents of these. These passes are issued to officials and other servants under conditions laid down by the staff regulations of officials and other agents of the Union plan.
The Commission may enter into agreements to recognize these pass as valid securities circulation on the territory of third States.

Chapter III members of the Parliament European art. 7. no administrative or other restrictions are made on the free movement of members of the European Parliament travelling instead of meeting of the European Parliament or on the way back.
The members of the European Parliament are granted customs and control Exchange: a) by their own Government, the same facilities as those accorded to senior officials travelling abroad on temporary official duty; b) by the Governments of the other Member States, the same facilities as those accorded to representatives of Governments on temporary official missions.

Art. 8. the members of the European Parliament cannot be searched, detained or prosecuted because of the opinions or votes cast by them in the exercise of their functions.

Art. 9 for the duration of the sessions of the European Parliament, its members shall enjoy: a) on their national territory, the immunities accorded to members of Parliament of their country; b) on the territory of any other Member State, immunity from any measure of detention and from legal proceedings.

Immunity also covers them when they go instead of meeting of the European Parliament or return.
Immunity may not be invoked in the case of flagrante delicto and may either impede the right of the European Parliament to lift the immunity of one of its members.

Chapter IV representatives of Member States participating in the work of the institutions of the Union European art. 10. representatives of Member States participating in the work of the institutions of the Union, their advisers and technical experts shall, while exercising their functions and during their journey to and from the place of the meeting, the privileges, immunities, or ease of use.
This article also applies to the members of the advisory bodies of the Union.

Chapter V officials and agents of the Union European art. 11 on the territory of each Member State and whatever their nationality, officials and other servants of the Union: has) enjoy immunity from jurisdiction for acts performed by them, including their words and written in their official capacity, subject to the application of the provisions of the treaties relating, on the one hand, to the rules of responsibility of officials and agents in the European Union and on the other hand, to the jurisdiction of the Court of justice of the European Union to decide on disputes between the Union and its officials and other servants. They will continue to enjoy this immunity after the cessation of their duties; b) are not subject, no more than their spouses and members of their family living in their charge to the provisions limiting immigration and registration of foreigners; c) have, with regard to monetary regulations or exchange facilities recognized by officials of international organizations use; d) enjoy the right to import duty-free their furniture and effects at the time of their first taking up their post in the country concerned and of the right, to the termination of their duties in that country, to re-export duty-free their furniture and effects, subject, in the other case, conditions considered to be necessary by the Government of the country where the right is exercised; e) enjoy the right to import duty-free their car for their personal use, acquired in the country of their last residence or in the country of which they are nationals to the conditions of the internal market of it and re-export in free of duty, subject in either case conditions considered necessary by the Government of the country concerned.

Art. 12. under the conditions and according to the procedure established by the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consultation of the institutions, officials and other servants of the Union are subject to the benefit to a tax on the salaries, wages and emoluments paid by it.
They are exempt from national taxes on salaries, wages and emoluments paid by the Union.

Art. 13 for the purposes of taxes on income and on capital, inheritance rights and conventions to avoid double taxation concluded between Member States of the Union, officials and other servants of the Union who, because only the exercise of their duties in the service of the Union, establish their residence in the territory of one member country other than the country of tax residence they own at the time of their entry into the service of the Union are considered, both in the country of their residence in the country of tax residence, as having kept their home in this country if it is a member of the Union. This provision also applies to the spouse to the extent where it does not own professional activity as well as the dependent children and the custody of the persons referred to in this article.
The personal property belonging to persons referred to in the previous and located on the territory of the receiving State are exempt from the estate tax in this State; for the establishment of this tax, they are considered as being in the State of tax residence, subject to the rights of third States and the possible application of the provisions of international conventions on double taxation.
Homes acquired by reason only of the performance of duties in the service of other international organizations are not factored into the application of the provisions of this article.

Art. 14. the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consultation of the institutions concerned, lay down the regime of social benefits applicable to officials and other servants of the Union.

Art. 15. the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consultation of the institutions concerned, determine the categories of officials and other servants of the Union to which apply, in whole or in part, the provisions of the art. 11, 12, al. 2 and 13.
The names, qualifications and addresses of officials and other agents included in these categories are communicated periodically to the Governments of the Member States.

Chapter VI Privileges and immunities of missions of third countries accredited to the Union European art. 16. the Member State on whose territory is situated the headquarters of the Union gives to missions of third countries accredited to the Union the diplomatic immunities and privileges to use.

Chapter VII provisions general art. 17. the privileges, immunities and facilities are granted to the officials and other servants of the Union exclusively in the interests of the latter.
Each institution of the Union is required to waive the immunity granted to an officer or another officer in any case where it considers that the waiver of this immunity is not contrary to the interests of the Union.

Art. 18 for the purposes of the application of this Protocol, the institutions of the Union Act in concert with the responsible authorities of the Member States concerned.

Art. 19. the art. 11 to 14 inclusive and art. 17 shall apply to members of the Commission.

Art. 20


The art. 11 to 14 inclusive and art. 17 apply to judges, advocates general, the Registrar and the rapporteurs Deputy of the Court of justice of the European Union, without prejudice to the provisions of art. 3 of the protocols on the Statute of the Court of justice of the European Union relating to the immunity of judges and advocates-general.

Art. 21. the present Protocol shall apply also to the European Investment Bank, to the members of its organs, to its staff and to the representatives of the Member States participating in its work, without prejudice to the provisions of the Protocol on the statutes of the.
The European Investment Bank will, in addition, be exempt of any fiscal and parafiscal tax on the occasion of his capital increases as well as various formalities that these operations may include in the State of the seat. Similarly, its dissolution and liquidation will result in no perception. Finally, the activity of the Bank and of its organs, in the statutory conditions, will not result in the application of taxes on turnover.

Art. 22. this Protocol applies also to the European Central Bank, to the members of its organs and to its staff, without prejudice to the provisions of the Protocol on the Statute of the European system of central banks and of the European Central Bank.
The European Central Bank is, in addition, be exempt from all fiscal and parafiscal tax on the occasion of his capital increases as well as various formalities that these operations may include in the State of the seat. The activity of the Bank and of its organs, in accordance with the statutes of the European system of central banks and of the European Central Bank, does not give rise to the application of sales taxes.

Appendix Appendix A procedures for the application in Switzerland of the Protocol on the privileges and immunities of the European Union 1. Extension of the application to Switzerland any reference made to States members in the Protocol on the privileges and immunities of the European Union (hereinafter referred to as 'Protocol'), must be understood as also including Switzerland, unless otherwise agreed by the following provisions.

2. exemption of excise (including VAT) for the Agency goods and services exported from Switzerland are not subject to Swiss value added (tax VAT) tax. If regarding the goods and services provided to the Agency in Switzerland for its official use, the exemption from VAT in accordance with, art. 3, second paragraph, of the Protocol, through the refund. The VAT exemption is granted if the price of actual purchase of goods and the provision of services mentioned in the invoice or equivalent document amounts to a total of 100 Swiss francs at least (including tax).
The VAT refund is granted on presentation to the Federal Tax Administration, main Division VAT, Swiss forms provided for this purpose. Applications are processed, in principle, within a period of three months from the filing of the refund request accompanied by the necessary supporting documents.

3. modalities of application of the rules relating to the staff of the Agency with regard to art. 13, al. 2, of the Protocol, the Switzerland-free, according to the principles of its national law, officials and other agents of the agency within the meaning of art. 2 of Regulation (Euratom, ECSC, EEC) No 549/69 of the Federal, cantonal and communal taxes on salaries, wages and emoluments paid by the European Union and submitted for the benefit to an internal tax.
The Switzerland is not considered to be a member within the meaning of point 1 of this appendix for the purposes of art. 14 of the Protocol.
The officials and other agents of the Agency, as well as their family members who are affiliated to the social insurance system applicable to officials and other servants of the European Union are not necessarily subject to the Swiss social security system.
The Court of justice of the European Union will have exclusive competence for questions concerning the relationship between the agency or the Commission and its staff in what concerns the application of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council, and the other provisions of the law of the European Union establishing the conditions of work.

Regulation (Euratom, ECSC, EEC) No. 549/69 of the Council, on 25 March 1969, determining the categories of officials and servants of the European communities which apply the provisions of the art. 12, 13, al. 2 and 14 of the Protocol on the privileges and immunities of the communities (OJ L 74 of the 27.3.1969, p. 1). Regulation as last place by Regulation (EC, Euratom) n 1749/2002 (OJ L 264 of the 2.10.2002, p. 13).
Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the staff regulations of officials of the European communities as well as the regime applicable to other servants of these communities and instituting special measures temporarily applicable to officials of the Commission (applicable to other agents plan) (OJ L 56 of the 4.3.1968, p. 1). Regulation as last place by Regulation (EC, Euratom) n 2104/2005 (OJ L 337 of the 22.12.2005, p. 7).

State on September 15, 2015 Annex B financial control relating to Swiss participants in activities of the European Agency of aviation art. 1 direct communication the Agency and the Commission communicate directly with all persons or entities established in Switzerland participating in the activities of the Agency, either as contractor, participating in a program of the Agency, recipient of a payment made to the budget of the agency or the community or subcontractor. These people can pass directly to the Commission and to the Agency all the information and relevant documentation that they are required to submit on the basis of the instruments covered by this decision and contracts or agreements concluded as well as decisions taken within these.

Art. 2 controls 1. In accordance with the Regulation (EC, Euratom) n 1605/2002 of the Council of 25 June 2002 on financial regulation applicable to the general budget of the European communities and the financial regulation adopted by the Board of Directors of the Agency on 26 March 2003, the Regulation (EC, Euratom) n 2343/2002 of the Commission of 23 December 2002 on the framework financial regulation for the bodies referred to in art. 185 of Regulation (EC, Euratom) n 1605/2002 of the Council financial regulation applicable to the general budget of the communities European, as well as to the other regulations referred to in this decision, the contracts or agreements concluded as well as decisions with beneficiaries established in Switzerland may provide for scientific, financial, technological audits or other can be made at any time with them and their subcontractors by agents of the Agency and of the Commission, or by others persons authorised by them.
2. the officers of the Agency and of the Commission and other persons authorized by them to 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 has been covered in the contracts concluded in application of the instruments referred to in this decision.
3. the Court of Auditors has the same rights as the Commission.
4. the audits may take place until five years after the expiry of this decision or according to the terms provided in the contracts or agreements as well as of the decisions taken.
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.

OJ L 248 of 16.9.2002, p. 1.
OJ L 357 of 31.12.2002, p. 72.

Art. 3 1 on-site inspections. In this decision, the Commission (OLAF) is authorized to carry out checks and inspections on Swiss territory, in accordance with the terms and conditions of Regulation (Euratom, EC) no 2185/96 of the Council of 11 November 1996 on the controls and on-site audits conducted by the Commission for the protection of the financial interests of the European Communities against fraud and other irregularities.
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 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 program are opposed to a control or audit on-site, the 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, promptly, at Swiss federal control of finance 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.

OJ L 292 of 15.11.1996, p. 2.

Art. 4 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 without delay the Agency and the Commission of any item brought to their notice suggesting the existence of irregularities related to the conclusion and execution of the contracts or agreements concluded in application of the instruments referred to in this decision.

Art. 5 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 who, in the bosom of the Community institutions, Member States or 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 Contracting Parties.

Art. 6 measures and administrative penalties without prejudice to application of Swiss criminal law, of the measures and administrative sanctions may be imposed by the agency or the Commission in accordance with regulations (EC, Euratom) n 1605/2002 of the Council of 25 June 2002 and the Regulation (EC, Euratom) n 2342/2002 of the Commission of 23 December 2002, as well as with the regulations (this (, Euratom) n 2988/95 of the Council of 18 December 1995 on the protection of the financial interests of the European communities.

OJ L 312 of 23.12.1995, p. 1.

Art. 7 recovery and enforcement decisions of the agency or the Commission, within the scope of this decision, which include persons other than States, a monetary obligation, the dependent form 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 agency or 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 Union.
The judgments of the Court of justice of the European Union under an arbitration clause are enforceable under the same conditions.

Final act the Plenipotentiaries of the Swiss Confederation and the European Community, together the twenty and a June year thousand nine hundred ninety-nine in Luxembourg for the signature of the agreement between the Swiss Confederation and the European on air transport community adopted the joint declarations mentioned below and attached to this final act: Joint Declaration on agreements with third countries Joint declaration on future additional negotiations.
They have also taken note of the following declarations annexed to this final act: Declaration on the participation of Switzerland in Committee, statement of the Switzerland relating to a possible modification of the Statute of the Court of Justice.
Made in Luxembourg, June twenty-one of the year one thousand nine hundred and ninety-nine.

For the Swiss Confederation: Community European: Pascal Couchepin Joseph Deiss Joschka Fischer Hans van den Broek Joint Declaration on agreements with third countries the Contracting Parties agree that it is desirable to take the necessary measures to ensure coherence between their mutual air transport relations and other agreements, reach broader, concluded in this area and based on the same principles.

Joint Declaration on future negotiations additional the Swiss Confederation and the European Community declare their intention to enter into negotiations to conclude agreements in areas of common interest such as the updating of Protocol 2 to the free trade agreement of 1972, Swiss participation in certain Community programmes for training, youth, media statistics and the environment. These negotiations should be prepared soon after the conclusion of the current bilateral negotiations.

Declaration on the participation of Switzerland in the committees the Commission agrees that the representatives of the Switzerland participate as observers and for the points which concern them in meetings of the committees and following expert group:-committees of research programmes; including Committee on scientific and technical research (CREST) - administrative Commission on social security for migrant workers - coordinating group on mutual recognition of higher education diplomas - advisory committees on air routes and the application of the competition rules in the field of air transport.

These committees shall meet without the presence of representatives of the Switzerland in the votes.
With regard to the other committees dealing with areas covered by these agreements and for which Switzerland, either took over the Community acquis or applied by equivalence, the Commission will consult with experts from the Switzerland in the form of art. 100 of the EEA Agreement.

Statement of the Switzerland relating to a possible modification of the status of the ECJ the Swiss Government wishes to in the event of amendment of the Statute and the rules of procedure of the Court of justice of the European communities in order to allow lawyers authorized to practice before the courts of States parties to an agreement similar to this agreement, to plead before the Court of justice of the communities European such a modification also provides for the possibility for exercising before the Swiss courts, Swiss lawyers to plead before the Court of justice of the European communities for questions before this Court under this agreement.

2002 1705 RO; FF 1999 5440 art. 1 al. let 1. e of the Federal Decree of 8 October. 1999 (RO 2002-1527).
Currently: European Union.
RS 0.632.401.2 FF 1992 IV 655 State Sept. 15, 2015

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