Key Benefits:
Original text
(State on 15 September 2015)
The Swiss Confederation, Hereinafter referred to as "Switzerland",
The European Community 2 , Hereinafter referred to as 'the Community',
Hereinafter referred to as "Contracting Parties",
Recognising the integrated nature of international civil aviation and wishing to harmonise the regulations on intra-European air transport;
Wishing to lay down rules applicable to civil aviation in the area covered by the Community and Switzerland, without prejudice to the rules laid down by the EC Treaty, and in particular the Community powers laid down in Art. 81 and 82 of the Treaty and the ensuing competition rules;
Agreeing that it is appropriate to base these rules on the legislation in force in the Community at the time of signature of this Agreement;
To prevent, in full respect of the independence of the courts, differences of interpretation, and to arrive at as uniform an interpretation as possible of the provisions of this Agreement and the corresponding provisions of the Community law which is reproduced in substance in this Agreement;
Agreed to the following:
(1) This Agreement lays down rules to be complied with by Contracting Parties in the field of civil aviation. Those provisions shall apply without prejudice to those laid down in the EC Treaty, in particular existing Community powers in the framework of the competition rules and the provisions for the application of those rules, as well as of the legislation The relevant Community listed in the Annex to this Agreement.
2. For the purposes of this Agreement, the provisions contained in this Agreement and in the regulations and guidelines set out in the Annex shall apply under the conditions set out below. In so far as they are identical in substance to the corresponding rules of the Treaty establishing the European Community and to the acts adopted pursuant to that Treaty, those provisions shall be 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 European Communities before the date of signature of this Agreement. Decisions and judgments delivered after the date of signature of the agreement will be communicated to Switzerland. At the request of one of the Contracting Parties, the consequences of such subsequent decisions and decisions shall be determined by the Joint Committee in order to ensure the proper functioning of this Agreement.
The provisions of this Agreement and its Annex shall apply in so far as they relate to air transport or objects directly related to air transport, as mentioned in the Annex to this Agreement.
In the field of application of this Agreement, and without prejudice to the specific provisions it provides, any discrimination on grounds of nationality shall be prohibited.
Within the framework of this Agreement and without prejudice to Council Regulation (EEC) No O 2407/92 as set out in the Annex to this Agreement, restrictions on the freedom of establishment of nationals of a Member State of the EC or of Switzerland in the territory of another of these States shall be prohibited. This provision also applies to the creation of agencies, branches and subsidiaries by nationals of a Member State of the EC or of Switzerland established in the territory of another of those States. Freedom of establishment includes access to self-employed activities and their exercise, as well as the constitution and management of undertakings within the meaning of Art. 5, para. 2, under the conditions laid down by the right of the country of establishment for its own nationals.
1. Under this Agreement, companies established in accordance with the law of a Member State or of Switzerland and having their registered office, central administration or principal place of business in the territory of the Community or of Switzerland Are treated as natural persons who are nationals of a Member State of the EC or of Switzerland.
2. "Companies" means civil or commercial law societies, including cooperative corporations and other persons under public or private law, with the exception of corporations that do not pursue a profit motive.
Art. 4 and 5 shall not apply, in respect of a Contracting Party, to the activities taking part in that Contracting Party, even on an occasional basis, in the exercise of the public authority.
Art. 4 and 5 as well as the measures taken pursuant to those articles do not prejudge the applicability of the laws, regulations or administrative provisions providing for a special regime for foreign nationals and justified by Public policy, public safety or public health reasons.
1. Are incompatible with this Agreement and prohibited: all agreements between undertakings, any decisions by associations of undertakings and concerted practices which are likely to affect trade between the Contracting Parties and which Have as their object or effect the prevention, restriction or distortion of competition in the territory covered by this Agreement, in particular those consisting of:
2. Agreements or decisions prohibited under this Article shall be null and void.
3. However, the provisions of s. 1 may be declared inapplicable:
Which contribute to the improvement of the production or distribution of products or to promote technical or economic progress, while assuring users a fair share of the resulting profit, and without:
It is incompatible with this Agreement and prohibits, to the extent that trade between the Contracting Parties is liable to be affected, the fact for one or more undertakings to abuse a dominant position on the The territory covered by this Agreement or on a substantial part thereof.
Such abusive practices may include:
All agreements, decisions and concerted practices which have as their object or effect the prevention, restriction or distortion of competition, as well as the abuse of a dominant position, which can only have repercussions on trade in Switzerland, Under Swiss law and remain within the competence of the Swiss authorities.
1. Art. 8 and 9 shall be applied and the concentrations of undertakings controlled by the Community institutions, in accordance with the Community legislation set out in the Annex 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 Art. 8 and 9, decide on the admissibility of all agreements, decisions and concerted practices as well as the abuse of a dominant position concerning links between Switzerland and third countries.
With regard to public undertakings and undertakings to which the Member States of the EC or Switzerland grant special or exclusive rights, the Contracting Parties shall ensure that no measure contrary to the rules of the present Agreement is not taken or maintained.
2. Undertakings entrusted with the provision of services of general economic interest or presenting the character of a tax monopoly shall be subject to the rules of this Agreement, in particular the rules on competition, to the extent that their application Shall not constitute an obstacle to the performance, in law or in fact, of the particular mission which has been assigned to them. The development of trade should not be affected to an extent contrary to the interests of the Contracting Parties.
1. Except as otherwise provided in this Agreement, in so far as they affect trade between the Contracting Parties, aid granted by Switzerland or by a Member State of the EC or from funds is incompatible with this Agreement. In any form, which distorts or threatens to distort competition by favouring certain undertakings or the production of certain products.
2. Compliable with this Agreement:
3. May be considered to be compatible with this Agreement:
The Commission and the Swiss authorities shall ensure continuous monitoring of the cases referred to in Art. 12 and all aid systems existing in the Member States of the EC and Switzerland respectively. Each Contracting Party shall ensure that the other Contracting Party is informed of any proceedings undertaken in order to ensure compliance with the rules of art. 12 and 13 and, if necessary, may submit comments before a final decision is taken. At the request of a Contracting Party, the Joint Committee shall examine any appropriate measures relating to the subject matter and the operation of this Agreement.
1. Subject to Council Regulation (EEC) No O 2408/92, as set out in the Annex to this Agreement:
2. For the purposes of s. 1 of this article:
(3) The Contracting Parties shall, five years after the entry into force of this Agreement, enter into negotiations on the possibility of extending the scope of this Article to traffic rights between points in Switzerland and between Points in the Member States of the EC.
The provisions of this Chapter shall prevail over the relevant provisions of the bilateral agreements between Switzerland and the Member States of the EC. However, the existing traffic rights resulting from these bilateral agreements and which do not fall within the scope of Art. 15 may continue to be exercised, provided that there is no discrimination on grounds of nationality and that competition is not distorted.
The Contracting Parties shall take all general or specific measures, specific to the implementation of the obligations arising from this Agreement, and shall refrain from any measures which may impede the achievement of the objectives of this Agreement. Agreement.
1. Without prejudice to s. 2 and chap. 2, each Contracting Party shall be responsible for the correct application of this Agreement in its own territory, in particular the regulations and directives referred to in the Annex.
2. In cases which may affect air services to be authorised under the terms of the Chapter. 3 of this Agreement, the Community institutions shall have the powers conferred upon them by the regulations and directives whose application is expressly confirmed in the Annex to this Agreement. However, in cases where Switzerland has taken or intends to take measures to protect the environment, either in application of s. 8, para. 2, or s. 9 of the Regulation (EEC) n O 2408/92 of the Council, the Joint Committee shall, at the request of one of the Contracting Parties, decide on the conformity of these measures with this Agreement.
(3) Any action for the enforcement of this Agreement under s. 1 and 2 is conducted in accordance with s. 19.
(1) Each Contracting Party shall provide the other Contracting Party with all the information and assistance necessary for investigations concerning possible infringements which that other Contracting Party shall carry out in the context of such powers as Under this Agreement.
(2) Where the Community institutions act under the powers conferred on them by this Agreement on subjects of interest to Switzerland concerning the Swiss authorities or undertakings, the Swiss authorities Are fully informed and have the opportunity to submit their comments before a final decision is taken.
1. A committee shall be set up consisting of representatives of the Contracting Parties, the "Community/Switzerland Air Transport Committee" (hereinafter referred to as "the Joint Committee"), responsible for the management of this Agreement and its correct application. To this end, it shall make recommendations and take decisions in the cases provided for in this Agreement. The decisions of the Joint Committee shall be implemented by the Contracting Parties in accordance with their own rules. The Joint Committee shall decide by mutual agreement.
2. For the purposes of the proper implementation of this Agreement, the Contracting Parties shall exchange information and, at the request of one of them, hold consultations within the Joint Committee.
The Joint Committee shall adopt by decision its rules of procedure, which shall contain, among other provisions, the arrangements for the convening of meetings, the designation of the Presidency and the definition of the term of office of the latter.
4. The Joint Committee shall meet as required and at least once a year. Each Contracting Party may request the convening of a meeting.
The Joint Committee may decide to set up any working group to assist it in the performance of its tasks.
The decisions of the Joint Committee shall be binding on the Contracting Parties.
(2) If either Contracting Party considers that a decision of the Joint Committee is not properly implemented by the other Contracting Party, it may request that the matter be considered by the Joint Committee. If the Joint Committee fails to reach a solution within two months of the referral, the requesting Contracting Party may take appropriate temporary safeguard measures in accordance with Art. 31, for a period not exceeding six months.
3. Decisions of the Joint Committee shall be published in the Official Journal of the European Communities and in the Official Collection of Federal Laws. Each decision shall indicate the date of its implementation in the Contracting Parties and any other information which may be of interest to economic operators. Decisions shall be submitted if necessary for ratification or approval by the Contracting Parties, in accordance with their own procedures.
4. The Contracting Parties shall notify each other of the performance of this formality. If at the end of a period of twelve months after the adoption of a decision by the Joint Committee that notification has not taken place, s. 5 shall apply mutatis mutandis.
5. Without prejudice to s. 2, if the Joint Committee cannot make a decision on a matter submitted to it within six months of the date of the referral, the Contracting Parties may take appropriate temporary safeguard measures in accordance with the Art. 31, for a period not exceeding six months.
6. With regard to the 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 reference date referred to in par. 5 is the date of receipt of the information. The date on which the Joint Committee takes a decision may not be earlier than two months after the date of entry into force of this Agreement.
This Agreement shall not prejudice the right of each Contracting Party, subject to compliance with the principle of non-discrimination and the provisions of this Agreement, to unilaterally amend its legislation on a point governed by this Agreement. Agreement.
2. As soon as a new legislative provision is developed by one of the Contracting Parties, it consults informally with the experts of the other Contracting Party. During the period preceding the formal adoption of the new legislative provision, the Contracting Parties shall inform each other and consult as closely as possible. At the request of one of the Contracting Parties, a preliminary exchange of views may take place within the Joint Committee.
3. As soon as a Contracting Party has adopted a change in its legislation, it shall inform the other Contracting Party not later than eight days after the publication in the Official Journal of the European Communities or the Official Collection of Laws Federal. At the request of a Contracting Party, the Joint Committee shall, no later than six weeks after the request, exchange views on the implications of this amendment for the operation of this Agreement.
4. The Joint Committee:
The Contracting Parties shall consult each other in good time at the request of one of them, in accordance with the procedures laid down in Art. 25, 26 and 27 on:
Consultations shall take place within one month of the request, or as soon as possible in urgent cases.
1. The main objectives of the consultations under s. 24, point a, are as follows:
2. The Contracting Parties shall exchange information as quickly as possible in relation to the objectives described in par. 1.
1. The main objectives of the consultations under s. 24, let. B, consider relevant issues and consider any appropriate approach.
2. For the purposes of the consultations referred to in s. 1, each Contracting Party shall inform the other Contracting Party of possible developments in the field of air transport and the operation of bilateral or multilateral agreements concluded in this field.
1. The consultations under s. 24, 25 and 26 are held in the Joint Committee.
(2) If an agreement between one of the Contracting Parties and a third country or an international organization adversely affects the interests of the other Contracting Party, the other Contracting Party shall, notwithstanding the provisions of Regulation (EEC) No O Council 2408/92, as referred to in the Annex to this Agreement, may take appropriate temporary safeguard measures in the field of market access in order to preserve the balance of this Agreement. These measures can, however, be adopted only after consultations on this matter have taken place within the Joint Committee.
Representatives, experts and other agents of the Contracting Parties shall be required, even after the termination of their duties, not to disclose the information obtained under this Agreement, which is covered by professional secrecy.
Each Contracting Party may submit to the Joint Committee a dispute concerning the interpretation or application of this Agreement. This is an attempt to resolve the dispute. All relevant information to allow for a thorough review of the situation with a view to finding an acceptable solution is provided to the Joint Committee. To this end, the Joint Committee shall examine all possibilities for maintaining the proper functioning of this Agreement. This Article shall not apply to matters falling within the exclusive competence of the Court of Justice of the European Communities under Art. 20.
(1) If a Contracting Party wishes to revise this Agreement, it shall inform the Joint Committee accordingly. The amendment of this Agreement shall enter into force 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 the schedule.
If a Contracting Party refuses to comply with an obligation under this Agreement, the other Contracting Party may, without prejudice to s. 22 and after having completed any other procedure provided for in this Agreement, take appropriate temporary safeguard measures to maintain the balance of this Agreement.
The Annex to this Agreement shall form an integral part thereof.
Without prejudice to art. 16, this Agreement shall prevail over the relevant provisions of the bilateral agreements in force between Switzerland on the one hand and the Member States of the EC on the other hand with regard to any matter covered by this Agreement and its Annex.
This Agreement shall apply, on the one hand, to the territories where the Treaty establishing the European Community is applicable and in accordance with the conditions laid down in that Treaty and, on the other hand, to the territory of Switzerland.
1. In the event of termination of this Agreement, pursuant to s. 36, para. 4, air services operating on the day on which it expires pursuant to s. 15 may continue until the end of the current season.
2. The rights and obligations of undertakings resulting from s. 4 and 5 of this Agreement and the rules laid down by Regulation (EEC) No O 2407/92 of the Council referred to in the Annex to this Agreement shall not be affected by the termination of this Agreement pursuant to Art. 36, para. 4.
(1) This Agreement shall be ratified or approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the first day of the second month following the last notification of the deposit of instruments of ratification or approval of all seven agreements:
2. This Agreement shall be concluded for an initial period of seven years. It shall be renewed for an indefinite period unless the European Community or Switzerland notifies the other Contracting Party before the expiry of the initial period. In the case of notification, the provisions of s. 4 apply.
The European Community or Switzerland may denounce this Agreement by notifying the other Contracting Party of its decision. In the case of notification, the provisions of s. 4 apply.
4. The seven agreements mentioned in par. 1 cease to be applicable six months after the receipt of the notification relating to the non-renewal referred to in par. 2 or the denunciation referred to in s. 3.
Done at Luxembourg, on the twenty-one June of the year nine hundred and ninety-nine in two copies in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts Being equally authentic.
| For the Swiss Confederation: Pascal Couchepin Joseph Deiss |
For the European Community: Joschka Fischer Hans van den Broek |
1 RS 0.142.112.681
2 RS 0.740.72
3 RS 0.916.026.81
4 RS 0.946.526.81
5 RS 0.172.052.68
6 [ RO 2002 1998 ]
For the purposes of this Agreement:
N O 1008/2008
Regulation of the European Parliament and of the Council of 24 September 2008 laying down common rules for the operation of air services in the Community
N O 2000/79
Council Directive of 27 November 2000 on the implementation of the European Agreement on the organisation of the working time of mobile personnel in civil aviation, concluded by the Association of European Air Navigation Companies (AEA), the European Transport Workers' Federation (ETF), the European Association of Technical Aircrew (ECA), the European Association of Aviation Companies of the Regions of Europe (ERA) and the International Association of Air charters (IACA).
N O 93/104
Council Directive of 23 November 1993 on certain aspects of the organisation of working time, as amended by:
N O 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 O 1358/2003
Commission Regulation of 31 July 2003 on the implementation of Regulation (EC) n O 437/2003 of the European Parliament and of the Council on statistical data relating to the transport of passengers, cargo and mail by air and amending Annexes I and II of that regulation
N O 785/2004
Regulation of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators, as amended by:
N O 95/93
Council Regulation of 18 January 1993 laying down common rules for the allocation of slots at Community airports (Art. 1 to 12), as amended by:
N O 2009/12
Directive of the European Parliament and of the Council of 11 March 2009 on airport charges
N O 96/67
Council Directive of 15 October 1996 on access to the market for ground handling assistance at Community airports
(art. 1 to 9, 11 to 23 and 25)
N O 80/2009
Regulation of the European Parliament and of the Council of 14 January 2009 establishing a code of conduct for computerised reservation systems and repealing Regulation (EEC) No O 2299/89 of the Council
N O 1/2003
Council Regulation 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 that this Regulation is relevant to the application of this Agreement. The insertion of this Regulation does not change the division of tasks provided for in this Agreement).
N O 773/2004
Commission Regulation of 7 April 2004 on procedures implemented by the Commission pursuant to Art. Article 81 and 82 EC, as amended by:
N O 139/2004
Council Regulation of 20 January 2004 on the control of concentrations between undertakings ("the EC Merger Regulation")
(art. 1 to 18, art. 19, para. 1 and 2, and art. 20-23)
With regard to art. 4, para. 5 of the Merger Regulation, the following provisions shall apply between the European Community and Switzerland:
With respect to the time limits referred to in s. 4, para. 4 and 5, art. 9, para. 2 and 6, and art. 22, para. 2, of the Merger Regulation:
N O 802/2004
Commission Regulation of 7 April 2004 on the implementation of Regulation (EC) n O 139/2004 of the Council on the control of concentrations between undertakings (art. 1 to 24), as last amended by:
N O 2006/111
Commission Directive of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as financial transparency in certain undertakings
N O 487/2009
Council Regulation of 25 May 2009 on the application of Art. 81, para. 3, of the Treaty to categories of agreements and concerted practices in the field of air transport
N O 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 Council Directive 91 /670/EEC, (EC) n O 1592/2002 and Directive 2004 /36/EC, as last amended by:
The Agency also enjoys in Switzerland the powers conferred on it by the provisions of the Regulation.
The Commission also enjoys in Switzerland the powers conferred on it for decisions adopted under Art. 11, para. 2, art. 14, para. 5 and 7, art. 24, para. 5, art. 25, para. 1, art. 38, para. 3 (i), art. 39, para. 1, art. 40, para. 3, art. 41, para. 3 and 5, art. 42, para. 4, art. 54, para. 1 and art. 61, para. 3.
Notwithstanding the horizontal adaptation provided for in the second subparagraph of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport, references to "Member States" in Art. 65 of the Regulation or in the provisions of Decision 1999 /468/EC cited in that provision shall not be deemed to apply to Switzerland.
Nothing in this Regulation shall be interpreted as conferring on EASA the power to act on behalf of Switzerland in the context of international agreements for purposes other than to assist it in fulfilling its obligations Obligations under these agreements.
For the purposes of this Agreement, the text of the Regulation shall be adapted as follows:
" 3. Whenever the Community negotiates with a third country with a view to concluding an agreement whereby a Member State or the Agency may issue certificates on the basis of certificates issued by the aeronautical authorities of that third country, it shall Endeavour to obtain a proposal to Switzerland for the conclusion of a similar agreement with the third country concerned. Switzerland shall endeavour to conclude agreements with third countries corresponding to those of the Community. '
" 4. By way of derogation from art. 12, para. 2, point (a) of the regime applicable to other servants of the European Communities, nationals of Switzerland enjoying their civil rights may be contracted by the Executive Director of the Agency. '
"Switzerland shall apply to the Agency the Protocol on the Privileges and Immunities of the European Union, which is set out in Annex A to this Annex, in accordance with the Appendix to Annex A."
"Switzerland participates fully in the board of directors and has the same rights and obligations as member states of the European Union, with the exception of the right to vote."
" 12. Switzerland shall participate in the financial contribution of the Union referred to in paragraph above. 1, point (b) according to the following formula:
S (0.2/100) + S [1 - (a + b) 0.2/100] c/C
Where:
"The provisions relating to the financial control exercised by the Community in Switzerland in respect of participants in the activities of the Agency shall be set out in Annex B to this Annex."
N O 1108/2009
Regulation of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No O 216/2008 in the field of aerodromes, air traffic management and air navigation services, and repealing Directive 2006 /23/EC
N O 2011-2011
Commission Regulation of 3 November 2011 laying down the technical requirements and administrative procedures applicable to civil aviation flight personnel in accordance with Regulation (EC) No O 216/2008 of the European Parliament and the Council, amended by:
N O 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 to 3, art. 4, para. 2, art. 5 to 11, and art. 13), as amended by:
N O 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 Directive 94 /56/EC
N O 2003/42
Directive of the European Parliament and of the Council of 13 June 2003 on the reporting of events in civil aviation (Art. 1 to 12)
N O 1321/2007
Commission Regulation of 12 November 2007 laying down detailed rules for the registration, in a central directory, of information relating to events in civil aviation exchanged in accordance with Parliament Directive 2003 /42/EC European and Council
N O 1330/2007
Commission Regulation of 24 September 2007 laying down detailed rules for the dissemination to interested parties of the civil aviation events referred to in Art. 7, para. 2 of Directive 2003 /42/EC of the European Parliament and of the Council
N O 2042/2003
Commission Regulation of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and relating to the approval of organisations and personnel involved in these tasks, as amended by:
N O 104/2004
Commission Regulation of 22 January 2004 laying down rules on the organisation and composition of the Board of Appeal of the European Aviation Safety Agency
N O 2111/2005
Regulation of the European 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 ban in the Community and the information of passengers Air transportation on the identity of the effective air carrier, and repealing s. 9 of Directive 2004 /36/EC
N O 4473/2006
Commission Regulation of 22 March 2006 laying down rules for the implementation of the Community list of air carriers subject to an operating prohibition in the Community referred to in Chapter II of Regulation (EC) No O ° 2111/2005 of the European Parliament and of the Council
N O 4474/2006
Commission Regulation of 22 March 2006 establishing the Community list of air carriers subject to an operating prohibition in the Community referred to in Chapter II of Regulation (EC) No O 2111/2005 of the European Parliament and of the Council, as last amended by:
N O 1332/2011
Commission Regulation of 16 December 2011 laying down common requirements for the use of airspace and common operating procedures for the avoidance of flight collisions
N O 646/2012
Commission Implementing Regulation of 16 July 2012 laying down detailed rules for the enforcement of fines and periodic penalty payments pursuant to Regulation (EC) No O 216/2008 European Parliament and Council
N O 2078/2012
Commission Regulation of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and associated products, parts and equipment, as well as for the certification of design bodies And production, as amended by:
N O 965/2012
Commission Regulation of 5 October 2012 laying down technical requirements and administrative procedures applicable to air operations in accordance with Regulation (EC) No O 216/2008 of the European Parliament and the Council, amended by:
N O 2012/780
Commission Implementing Decision of 5 December 2012 on the rights of access to the European Central Register of Safety Recommendations and the responses to those recommendations instituted under Art. 18, para. 5, Regulation (EU) n O 996/2010 of the European Parliament and of the Council on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94 /56/EC
N O 628/2013
Commission Implementing Regulation of 28 June 2013 on the working methods of the European Aviation Safety Agency for the implementation of standardisation inspections and for monitoring the application of the provisions of Regulation (EC) No O 216/2008 of the European Parliament and of the Council, and repealing Regulation (EC) No O 736/2006 of the Commission
N O 139/2014
Commission Regulation of 12 February 2014 laying down technical requirements and administrative procedures relating to aerodromes in accordance with Regulation (EC) No O 216/2008 European Parliament and Council
N O 319/2014
Commission Regulation of 27 March 2014 on fees and charges levied by the European Aviation Safety Agency and repealing Regulation (EC) No O 593/2007
N O 452/2014
Commission Regulation of 29 April 2014 determining the technical requirements and administrative procedures applicable to air operations of third country operators in accordance with Regulation (EC) No O 216/2008 European Parliament and Council
N O 1321/2014
Commission Regulation of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks
N O 2015/340
Commission Regulation of 20 February 2015 determining the technical requirements and administrative procedures applicable to air traffic controller licences and certificates in accordance with Regulation (EC) No O 216/2008 of the European Parliament and of the Council amending the Regulations (EU) n O 923/2012 of the Commission and repealing Regulation (EU) n O 805/2011 of the Commission
N O 300/2008
Regulation of the European Parliament and of the Council of 11 March 2008 on the establishment of common rules in the field of civil aviation security and repealing Regulation (EC) No O 2320/2002
N O 272/2009
Commission Regulation of 2 April 2009 supplementing the common basic standards for civil aviation security set out in the Annex to Regulation (EC) No O 300/2008 of the European Parliament and of the Council, last amended by:
N O 1254/2009
Commission Regulation of 18 December 2009 laying down the criteria for Member States to derogate from common basic standards in civil aviation security and to adopt other security measures
N O 18/2010
Commission Regulation of 8 January 2010 amending Regulation (EC) No O 300/2008 of the European Parliament and of the Council on the specifications of national quality control programmes in the field of civil aviation security
N O 72/2010
Commission Regulation (EU) of 26 January 2010 laying down procedures for the conduct of inspections carried out by the Commission in the field of aviation security
N O 185/2010
Commission Regulation (EU) of 4 March 2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security, as amended by:
N O 2010/774
Commission decision of 13 April 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 (a) of Regulation (EC) No O 300/2008, as amended by:
N O 2013/511
Commission Implementing Decision of 4 February 2013 concerning the screening and screening of passengers and persons other than passengers by means of explosive trace detection equipment associated with a portable metal detector
N O 549/2004
Regulation of the European Parliament and of the Council of 10 March 2004 laying down the framework for the achievement of the Single European Sky ('framework regulation ') , modified by:
The Commission shall enjoy in Switzerland its powers under Art. 6, 8, 10, 11 and 12.
Art. 10 is amended as follows:
To par. 2, the words'at Community level' are replaced by the words'at Community level and in Switzerland'.
Notwithstanding the horizontal adaptation provided for in the second subparagraph of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport, references to "Member States" in Art. 5 of the Regulation (EC) n O 549/2004 or in the provisions of Decision 1999 /468/EC cited in that provision shall not be deemed to apply to Switzerland.
N O 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"), as amended by:
The Commission shall enjoy in Switzerland its powers under Art. 9 Bis , 9 Ter , 15, 15 Bis , 16 and 17.
For the purposes of this Agreement, the provisions of the Regulation shall be amended as follows:
To par. 2, the words'and in Switzerland' shall be inserted after the words'the Community'.
To s. 1 and 6, the words'and in Switzerland' shall be inserted after the words'the Community'.
To par. 1, the words'and in Switzerland' shall be inserted after the words'the Community'.
To par. 1, the words'and in Switzerland' shall be inserted after the words'the Community'.
" 3. The Commission shall communicate its decision to the Member States and shall inform the service provider, insofar as it is legally concerned. '
N O 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 '), as amended by:
The Commission shall enjoy in Switzerland powers granted to it under Art. 3 Bis , 6, and 10.
N O 552/2004
Regulation of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European air traffic management network ('interoperability regulation ') , modified by:
The Commission shall enjoy in Switzerland its powers under Art. 4 and 7 and art. 10, para. 3.
For the purposes of the Agreement, the provisions of the Regulation shall be amended as follows:
To par. 2, the words'or in Switzerland' shall be inserted after the words'the Community'.
To par. 4, the words'or in Switzerland' shall be inserted after the words'the Community'.
In Section 3, second and last paragraphs, the words'or in Switzerland' shall be inserted after the words'the Community'.
N O 2150/2005
Commission Regulation of 23 December 2005 laying down common rules for the flexible management of airspace
N O 1033/2006
Commission Regulation of 4 July 2006 laying down the rules on procedures applicable to flight plans during the pre-flight phase in the Single European Sky, as amended by:
N O 1032/2006
Commission Regulation of 6 July 2006 laying down the requirements for automatic flight data exchange systems for the purpose of notification, coordination and transfer of flights between traffic control units Air, modified by:
N O 730/2006
Commission Regulation of 11 May 2006 on the classification of airspace and access to flights operated under visual flight rules above flight level 195, as amended by:
N O 219/2007
Council Regulation of 27 February 2007 on the establishment of a joint undertaking for the implementation of the new generation European air traffic management system (SESAR), as amended by:
N O 633/2007
Commission Regulation of 7 June 2007 laying down requirements for the application of a protocol for the transfer of flight messages used for the notification, coordination and transfer of flights between the control units of Air traffic, as amended by:
N O 482/2008
Commission Regulation of 30 May 2008 establishing a system of software safety assurance to be implemented by air navigation service providers and amending Annex II to Regulation (EC) No O 2096/2005
N O 29/2009
Commission Regulation of 16 January 2009 laying down the requirements for data link services for the Single European Sky, as amended by:
For the purpose of the presentation, the text of the Regulation is adapted as follows:
"Switzerland UIR" is added to Annex I, Part A.
N O 262/2009
Commission Regulation of 30 March 2009 laying down the requirements for the coordinated allocation and use of the S mode interrogator codes for the single European sky
N O 73/2010
Commission Regulation of 26 January 2010 laying down the requirements for the quality of aeronautical data and information for the Single European Sky, as amended by:
N O 255/2010
Commission Regulation of 25 March 2010 laying down common rules on the management of air traffic currents, as amended by:
N O C 2010/5134
Commission decision of 29 July 2010 on the designation of the European Single Sky Performance Evaluation Body 4
N O 2014/672
Implementing Decision of the Commission of 24 September 2014 on the designation of the European Single Sky Performance Evaluation Body
N O 176/2011
Commission Regulation of 24 February 2011 concerning the information to be provided prior to the creation or modification of a functional airspace block
N O 677/2011
Commission Regulation of 7 July 2011 laying down detailed rules for the implementation of the air traffic management network functions and amending Regulation (EU) No. 691/2010, modified by
N O 677/2011
Commission Regulation of 7 July 2011 laying down detailed rules for the implementation of the air traffic management network functions and amending the Regulation (EU) n O 691/2010, as amended by:
N O 2011/4130
Commission Decision of 7 July 2011 appointing the network manager responsible for the network functions of air traffic management for the single European sky
N O 1034/2011
Commission Implementing Regulation of 17 October 2011 on the supervision of safety in air traffic management and amending Regulation (EU) n O 691/2010
N O 1035/2011
Commission Implementing Regulation of 17 October 2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) n O 482/2008 and (EU) n O 691/2010, as amended by:
N O 1206/2011
Commission Implementing Regulation of 22 November 2011 laying down the requirements for the identification of an aircraft in the framework of surveillance activities for the Single European Sky
For the purposes of this Agreement, the text of the Regulation shall be adapted as follows:
"Switzerland UIR" is added to Annex I.
N O 1207/2011
Commission Implementing Regulation of 22 November 2011 laying down the requirements for the performance and interoperability of monitoring activities for the Single European Sky, as amended by:
N O 923/2012
Commission Implementing Regulations of 26 September 2012 laying down common air rules and operational provisions relating to air navigation services and procedures and amending the Regulations (EU) n O 1035/2011, as well as Regulations (EC) n O 1265/2007, (EC) n O 1794/2006, (EC) n O 730/2006, (EC) n O 1033/2006 and (EU) n O 255/2010, as amended by:
N O 1079/2012
Commission Implementing Regulation of 16 November 2012 establishing specifications for the spacing of voice communication channels for the Single European Sky modified by:
N O 390/2013
Commission Implementing Regulation of 3 May 2013 establishing a performance system for air navigation services and network functions
N O 391/2013
Commission Implementing Regulation of 3 May 2013 establishing a pricing system for air navigation services
N O 409/2013
Commission Implementing Regulation of 3 May 2013 on the definition of joint projects and the establishment of a governance and incentive mechanism to support the implementation of the European Master Traffic Management Plan Air
N O 2014/132
Commission Implementing Decision of 11 March 2014 setting out the Union's performance objectives for the air traffic management network and the alert thresholds for the second reference period 2015 to 2014
N O 716/2014
Implementing Regulation of the Commission of 27 June 2014 on the implementation of the joint pilot project to support the implementation of the European air traffic management plan
N O 2002/30
Directive of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures concerning the introduction of noise-related operating restrictions at Community airports (Art. 1 to 12 and 14 to 18)
(Amendments to Annex I, Annex II, Chapter 8 (Transport Policy), Section G (Air Transport), Number 2, of the Act relating to 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 the adjustments to the Treaties on which Is founded on the European Union, is applicable.)
N O 89/629
Council Directive of 4 December 1989 on the limitation of noise emissions from civil subsonic jet aircraft
(art. 1 to 8)
N O 2006 /93/THIS
Directive of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Annex 16 to the Convention on International Civil Aviation, Volume 1, Part Two, Chapter 3, Second Edition (1988)
N O 90/314
Council Directive of 13 June 1990 concerning travel, holidays and package tours.
(art. 1 to 10)
N O 93/13
Council Directive of 5 April 1993 concerning unfair terms in contracts with consumers.
(art. 1 to 11)
N O 2027/97
Council Regulation of 9 October 1997 on the liability of air carriers in the event of an accident (Art. 1-8), as amended by:
Regulation (EC) n O 889/2002
N O 261/2004
Regulation of the European Parliament and of the Council of 11 February 2004 laying down common rules for the compensation and assistance of passengers in the event of denied boarding and cancellation or long delay of a flight, and repealing the Regulation (EEC) No O 295/91
(art. 1 to 18)
N O 1107/2006
Regulation of the European Parliament and of the Council of 5 July 2006 on the rights of disabled persons and persons with reduced mobility when travelling by air
N O 2003/96
Council Directive of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity.
(art. 14, para. 1, point (b), and para. 2)
A: Protocol on the privileges and immunities of the European Union
B: provisions relating to the financial control exercised by the European Union in respect of Swiss participants in the activities of EASA
1 New content according to D n O 1/2015 of the Joint Committee on Air Transport Community/Switzerland of 20 August 2015, in force for Switzerland since 15 September. 2015 ( RO 2015 2983 ).
2 OJ L 243, 27.9.2003, p. 6.
3 This Regulation will be applicable in Switzerland as long as it is in force in the EU.
4 This decision shall not be published in the Official Journal of the European Union but only notified to the body concerned.
The premises and buildings of the Union shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation. The assets and assets of the Union shall not be subject to any administrative or judicial constraint without the authorisation of the Court of Justice.
The archives of the Union shall be inviolable.
The Union, its assets, income and other property are exempt from all direct taxes.
The governments of the Member States shall, wherever possible, take the appropriate provisions for the remission or refund of the amount of indirect duties and sales taxes in the price of immovable property or Where, for its official use, the Union makes substantial purchases for which the price includes duties and taxes of that nature. However, the application of these provisions must not have the effect of distorting competition within the Union.
No exemption is granted in respect of taxes and duties which constitute mere remuneration for services of general utility.
The Union shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for its official use; the articles so imported shall not be ceded for consideration or free in the territory of the Countries in which they have been introduced, unless they are under conditions approved by the Government of that country.
It shall also be exempt from any customs duties and any prohibition and restriction of import and export in respect of their publications.
For their official communications and the transfer of all their documents, the institutions of the Union shall enjoy in the territory of each Member State the treatment accorded by that State to diplomatic missions.
Official correspondence and other official communications of the Union's institutions cannot be censored.
Passes Whose form is adopted by the Council acting by a simple majority and which are recognised as valid titles of circulation by the authorities of the Member States may be issued to the members and servants of the institutions of the Union by the Presidents of these. Such passes shall be issued to officials and other servants under the conditions laid down by the Staff Regulations of Officials and the Conditions of Other Servants of the Union.
The Commission may enter into agreements for the recognition of these Pass-pass As valid titles of circulation in the territory of third States.
There shall be no administrative or other restriction on the free movement of Members of the European Parliament to or from the place of meeting of the European Parliament.
Members of the European Parliament shall be granted customs and foreign exchange control:
Members of the European Parliament may not be sought, detained or prosecuted because of the opinions or votes cast by them in the performance of their duties.
During the sessions of the European Parliament, the members of the European Parliament shall be entitled to:
Immunity also covers them when they travel to or from the place of meeting of the European Parliament.
Immunity cannot be invoked in the case of flagrante delicto, nor can it preclude the right of the European Parliament to waive the immunity of one of its members.
The representatives of the Member States participating in the work of the institutions of the Union, as well as their advisers and technical experts, shall enjoy, during the performance of their duties and during their journeys to or from the place Of the meeting, privileges, immunities or facilities of use.
This Article shall also apply to members of the advisory bodies of the Union.
In the territory of each Member State and whatever their nationality, officials and other servants of the Union shall:
Under the conditions and in accordance with the procedure laid down by the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consulting the institutions concerned, officials and others Agents of the Union shall be subject to a tax on salaries, wages and emoluments paid by it to the Union.
They shall be exempt from national taxes on salaries, wages and emoluments paid by the Union.
For the purposes of the application of taxes on income and on capital, inheritance rights and conventions for the avoidance of double taxation between the Member States of the Union, officials and other servants of the Union which, in Solely on the basis of the exercise of their duties in the service of the Union, establish their residence in the territory of a Member State other than the country of the tax domicile which they possess at the time of entry into the service of the Union shall be considered, Both in the country of their residence and in the country of the tax home, as having retained their Residence in the latter country if the latter is a member of the Union. This provision shall also apply to the spouse in so far as the spouse does not carry out his or her own professional activity and the dependent children and the care of the persons referred to in this Article.
Personal property belonging to the persons referred to in the preceding paragraph and situated in the territory of the State of residence shall be exempt from the inheritance tax in that State; for the purpose of establishing such tax, they shall be deemed to be In the State of the tax domicile, subject to the rights of third States and the possible application of the provisions of the international conventions relating to double taxation.
Home acquired due solely to the performance of duties in the service of other international organizations shall not be taken into account in the application of the provisions of this Article.
The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consulting the institutions concerned, shall lay down the system of social benefits applicable to civil servants and others Agents of the Union.
The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consulting the institutions concerned, shall determine the categories of officials and other servants of the Union to whom Apply, in whole or in part, to the provisions of s. 11, 12, para. 2 and 13.
The names, qualities and addresses of officials and other servants included in these categories shall be communicated periodically to the governments of the Member States.
The Member State in whose territory the seat of the Union is situated shall accord to the missions of third States accredited to the Union the diplomatic immunities and privileges of use.
Privileges, immunities and facilities shall be accorded to officials and other servants of the Union exclusively in the interests of the Union.
Each institution of the Union shall be required to waive the immunity granted to an official or other agent in all cases where it considers that the waiver of such immunity is not contrary to the interests of the Union.
For the purposes of applying this Protocol, the institutions of the Union shall act in concert with the responsible authorities of the Member States concerned.
Art. 11 to 14 inclusive and art. 17 are applicable to the members of the Commission.
Art. 11 to 14 inclusive and art. 17 shall apply to the Judges, the Advocates General, the Registrar and the Assistant Rapporteurs 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 immunity from jurisdiction of judges and Advocates-General.
This Protocol shall also apply to the European Investment Bank, its members, its staff and the representatives of the Member States participating in its work, without prejudice to the provisions of the Protocol on Status of the report.
In addition, the European Investment Bank will be exempt from taxation and parafiscal taxation on the occasion of increases in its capital as well as various formalities which such operations may involve in the State of the seat. Similarly, its dissolution and liquidation will not result in any perception. Finally, the activity of the Bank and its bodies, under the statutory conditions, will not give rise to the application of turnover taxes.
This Protocol shall also apply to the European Central Bank, its members and its staff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and of the Central Bank European.
The European Central Bank shall, in addition, be exempt from taxation and parafiscal taxation on the occasion of increases in its capital and various formalities which such operations may involve in the State of the seat. The activity of the Bank and its bodies, exercising under the conditions laid down in the Statute of the European System of Central Banks and of the European Central Bank, does not give rise to the application of turnover taxes.
Any reference made to the Member States in the Protocol on the privileges and immunities of the European Union (hereinafter referred to as "the Protocol") shall be understood as including Switzerland, unless the following provisions Otherwise agree.
Goods and services exported outside Switzerland are not subject to the Swiss Value Added Tax (VAT). As regards the goods and services provided to the Agency in Switzerland for its official use, the exemption from VAT is effected, in accordance with Art. 3, second paragraph, of the Protocol, by means of reimbursement. The exemption from VAT shall be granted if the actual purchase price of the goods and services mentioned in the invoice or equivalent document amounts to a total of at least 100 Swiss francs (tax included).
The VAT refund is granted on presentation to the Federal Contributions Administration, Main Division of VAT, of the Swiss forms provided for that purpose. Applications shall be processed, in principle, within three months of the filing of the refund application together with the necessary supporting documents.
With regard to art. 13, para. 2, of the Protocol, Switzerland exempts, in accordance with the principles of its domestic law, officials and other servants of the Agency within the meaning of Art. 2 of the Regulation (Euratom, ECSC, EEC) O 549/69 1 Federal, cantonal and communal taxes on salaries, wages and emoluments paid by the European Union and submitted for the benefit of the Union to an internal tax.
Switzerland shall not be regarded as a Member State within the meaning of paragraph 1 of this Appendix for the application of Art. 14 of the protocol.
Officials and other servants of the Agency, as well as members of their families who are members of the social insurance system applicable to officials and other servants of the European Union, are not necessarily subject to the system Swiss social insurance.
The Court of Justice of the European Union shall have exclusive competence for all matters concerning relations between the Agency or the Commission and its staff with regard to the application of the Regulation (EEC, Euratom, ECSC) n O 259/68 2 Of the Council and the other provisions of the law of the European Union setting out the working conditions.
1 Regulation (Euratom, ECSC, EEC) n O 549/69 of the Council of 25 March 1969 determining the categories of officials and servants of the European Communities to which the provisions of Art. 12, 13, para. 2 and 14 of the Protocol on the privileges and immunities of the Communities (OJ L 74, 27.3.1969, p. 1). Regulation as last amended by Regulation (EC, Euratom) n O 1749/2002 (OJ L 264, 2.10.2002, p. 13).
2 Regulation (EEC, Euratom, ECSC) n O 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of officials of the European Communities and the rules applicable to other servants of these Communities, and establishing special measures temporarily applicable to Commission officials (regime applicable to other agents) (OJ L 56, 4.3.1968, p. 1). Regulation as last amended by Regulation (EC, Euratom) n O 2104/2005 (OJ L 337, 22.12.2005, p. 7).
The Agency and the Commission shall communicate directly with all persons or entities established in Switzerland who participate in the activities of the Agency, either as a contractor, participating in a programme of the Agency, person having received a payment made The budget of the Agency or the Community or subcontractor. Such persons may transmit directly to the Commission and to the Agency all relevant information and documentation which they are required to submit on the basis of the instruments referred to in this Decision and of the contracts or agreements And decisions taken within the framework of those decisions.
1. Pursuant to Regulation (EC, Euratom) n O Council of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities 1 And the Financial Regulation adopted by the Administrative Council of the Agency on 26 March 2003, to Regulation (EC, Euratom) n O 2343/2002 of the Commission of 23 December 2002 on the framework financial regulation of the bodies referred to in Art. 185 of the Regulation (EC, Euratom) n O Council Regulation 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities 2 , as well as the other regulations referred to in this Decision, contracts or agreements concluded and decisions made with beneficiaries established in Switzerland may provide for scientific, financial and financial audits; May be carried out at any time with them and their subcontractors by agents of the Agency and the Commission or by other persons authorised by them.
2. Officers of the Agency and of the Commission, as well as other persons authorised by them, shall have appropriate access to the sites, works and documents, as well as to all necessary information, including in electronic form, to carry out the These audits. This right of access is expressly included in the contracts concluded pursuant to the instruments referred to in this Decision.
3. The European Court of Auditors has the same rights as the Commission.
4. Audits may take place up to five years after the expiry of this decision or in accordance with the terms laid down in the contracts or agreements and the decisions taken.
5. The Swiss Federal Audit Office shall be informed in advance of the audits carried out on Swiss territory. This information is not a legal requirement for carrying out these audits.
1. In the context of this Decision, the Commission (OLAF) is authorised to carry out on-the-spot checks and inspections on the territory of Switzerland in accordance with the terms and conditions of the Regulation (Euratom, EC) n O 2185/96 of the Council of 11 November 1996 on on-the-spot checks and checks carried out by the Commission for the protection of the financial interests of the European Communities against fraud and other irregularities 1 .
2. On-the-spot checks and inspections shall be prepared and conducted by the Commission in close cooperation with the Swiss Federal Audit Office or with the other competent Swiss authorities designated by the Federal Audit Office, Who are informed in due course of the object, purpose and legal basis of the checks and checks, so that they can provide all the necessary assistance. For this purpose, the officials of the competent Swiss authorities may participate in on-the-spot checks and inspections.
3. If the relevant Swiss authorities so wish, on-the-spot checks and verifications shall be carried out jointly by the Commission and the Commission.
4. When the participants in the programme object to on-the-spot checks or inspections, the Swiss authorities shall, in accordance with the national provisions, provide the controllers of the Commission with the assistance necessary to enable them to Completion of their on-site monitoring and verification duties.
5. The Commission shall, as soon as possible, communicate to the Swiss Federal Audit Office any fact or suspicion relating to an irregularity which it has been aware of in connection with the execution of on-the-spot checks or inspections. In any event, the Commission is required to inform the abovementioned authority of the result of such checks and verifications.
1 OJ L 292, 15.11.1996, p. 2.
For the purposes of the proper implementation of this Annex, the competent Swiss authorities and the Community authorities shall conduct regular exchanges of information and shall, at the request of one of them, consult.
2. The competent Swiss authorities shall, without delay, inform the Agency and the Commission of any element brought to their knowledge, suggesting the existence of irregularities relating to the conclusion and execution of contracts or agreements concluded in Application of the instruments referred to in this Decision.
Information communicated or obtained under this Annex, in any form, shall be covered by professional secrecy and shall benefit from the protection afforded to similar information by Swiss law and by Relevant provisions applicable to Community institutions. Such information may not be communicated to persons other than those who, within the Community institutions, Member States or Switzerland, are, by their functions, called upon to know, or be used for any other purpose than Those of ensuring effective protection of the financial interests of the Contracting Parties.
Without prejudice to the application of Swiss criminal law, administrative measures and penalties may be imposed by the Agency or by the Commission in accordance with the regulations (EC, Euratom) n O Council of 25 June 2002 and Regulation (EC, Euratom) n O 2342/2002 of the Commission of 23 December 2002, and with Regulation (EC, Euratom) n O 2988/95 of the Council of 18 December 1995 on the protection of the European Communities' financial interests 1 .
1 OJ L 312, 23.12.1995, p. 1.
The decisions of the Agency or of the Commission, taken within the scope of this Decision, which include, for persons other than States, a pecuniary obligation, shall be enforceable in Switzerland.
The executory formula shall be affixed, without any control other than that of the verification of the authenticity of the title, by the authority designated by the Swiss Government which shall notify the Agency or the Commission thereof. Enforcement shall take place in accordance with the rules of the Swiss procedure. The legality of the binding decision shall be subject to the supervision of the Court of Justice of the European Union.
The judgments of the Court of Justice of the European Union under an arbitration clause shall be enforceable under the same conditions.
Plenipotentiaries of the Swiss Confederation and the European Community,
Meeting on 20 and 1 June of the year thousand nine hundred and ninety-nine in Luxembourg for the signing of the Agreement between the Swiss Confederation and the European Community on air transport adopted the following common declarations And appended to this Final Act:
Joint declaration on agreements with third countries,
Joint statement on further additional negotiations.
They also took note of the following declarations annexed to this Final Act:
Declaration on the participation of Switzerland in the Committees,
Declaration by Switzerland on a possible change in the status of the ECJ.
Done at Luxembourg, the twenty-one June of the year thousand nine hundred and ninety-nine.
| For the |
| Swiss Confederation: |
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The Contracting Parties agree that it is desirable to take the necessary measures to ensure consistency between their mutual relations in the field of air transport and other agreements, which are broader in scope, concluded in this field and Based on the same principles.
The Swiss Confederation and the European Community declare their intention to enter into negotiations with a view to concluding agreements in areas of common interest such as the updating of Protocol 2 3 Of the 1972 Free Trade Agreement, Swiss participation in certain Community programmes for training, youth, the media, statistics and the environment. These negotiations should be prepared shortly after the conclusion of the current bilateral negotiations.
The Council agreed that the representatives of Switzerland should participate as observers and for the meetings of the following committees and expert groups:
These committees meet without the presence of the representatives of Switzerland in the votes.
With regard to the other committees dealing with the areas covered by these Agreements and for which Switzerland has adopted the acquis communautaire, or applying it by equivalence, the Commission will consult the experts of Switzerland according to the Art form. 100 % of the EEA Agreement 4 .
The Swiss Government wishes that, in the event of a change in the Statute and the Rules of Procedure of the Court of Justice of the European Communities in order to allow lawyers, entitled to practice before the courts of States parties to an agreement Similar to this Agreement, to plead before the Court of Justice of the European Communities, such an amendment also provides for the possibility for Swiss lawyers practising before the Swiss courts to plead before the Court of Justice of the European Communities for matters referred to this Court under this Agreement.
1 Art. 1 al. 1 let. E of the FY 8 Oct. 1999 ( RO 2002 1527 ).
2 Right now: European Union.
3 RS 0.632.401.2
4 FF 1992 IV 655
