Rs 0.351.926.81 On October 26, 2004 Cooperation Agreement Between The Swiss Confederation, Of A Part, And The European Community And Its Member States, On The Other Hand, To Combat Fraud And Any Other Illegal Infringing Activity Inside Their

Original Language Title: RS 0.351.926.81 Accord de coopération du 26 octobre 2004 entre la Confédération suisse, d’une part, et la Communauté européenne et ses Etats membres, d’autre part, pour lutter contre la fraude et toute autre activité illégale portant atteinte à leurs inté

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0.351.926.81 original cooperation agreement between the Swiss Confederation, on the one hand, and the community and its Member States, on the other hand, to combat fraud and any other illegal activities affecting their financial interests concluded on October 26, 2004, approved by the Federal Assembly on 17 December 2004 applied provisionally as soon as April 8, 2009 (State October 1, 2015) the Swiss Confederation on the one hand and the community, the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta , the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Republic of Portugal, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland, on the other hand, hereinafter referred to as the contracting parties, whereas the relationship between the European Community and its Member States, on the one hand, and the Swiss Confederation on the other hand, willing to fight effectively against fraud and any other illegal activity affecting the financial interests of the contracting parties, taking account of the need to strengthen the assistance in these areas, convinced that mutual legal assistance, including search and seizures, must be given including in all cases of smuggling and escape indirect taxation , including value-added tax, customs and Excise, acknowledging the importance of the fight against money laundering, have agreed to conclude the following agreement: title I provisions general art. 1 purpose the purpose of this agreement is to extend administrative assistance and mutual legal assistance in criminal matters between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other hand, in order to combat the illegal activities referred to in art. 2 art. 2 scope of application 1. This agreement finds application in the following areas: has) prevention, detection, investigation, the prosecution and administrative and criminal enforcement of fraud and any other illegal activity affecting the financial interests of the contracting parties concerning: - the exchange of goods in breach of customs and agricultural legislation, - trade in violation of tax legislation on value added tax Special consumption and excise taxes, - the collection or retention of funds - including the use of these funds for purposes other than those for which they were initially granted - from the budget of the contracting parties or budgets managed by them or on their behalf, such as grants and refunds, - procurement contracts awarded by the contracting parties;

(b) the seizure and recovery of amounts due or unduly levied as a result of the illegal activities referred to the let. (a). 2. Cooperation within the meaning of titles II (administrative assistance) and III (mutual legal assistance) may be refused on the sole ground that the request relates to an offence in the requested contracting party qualifies for tax offence or that the legislation of the requested Contracting Party knows not the same type of levies or expenditure or does not the same kind of regulation or the same legal characterisation of the facts as the legislation of the Contracting Party applicant.
3. the laundering of the proceeds of the activities covered by this agreement is included in the scope of application as long as the activities constituting the prior fact are punishable under the law of both contracting parties by a term of imprisonment of freedom or a security measure restricting freedom for more than six months.
4. direct taxes are excluded from the scope of this agreement.

Art. 3 cases of minor importance 1. The authority of the requested Contracting Party may refuse a request for cooperation where the presumed rights too little perceived or evaded amount represents a value not exceeding EUR 25 000, or the value of the goods exported or imported without authorisation represents a value which does not exceed EUR 100 000, unless the case, due to his circumstances or to the person of the suspect , not to be considered as serious by the requesting contracting party.
2. the authority of the requested Contracting Party shall immediately inform the authority of the requesting Contracting Party of the grounds for the refusal of the request for cooperation.

Art. 4 public order cooperation may be refused if the requested Contracting Party considers that execution of the request is likely to undermine the sovereignty, security, public order or other essential interests of the requested Contracting Party.

Art. 5 transmission of information and of evidence 1. Information and evidence releases or obtained under this agreement, in any form whatsoever, are covered by official secrecy and enjoy the protection granted to similar data by the national law of the Contracting Party which received it and the corresponding provisions applicable to the Community institutions.
Information and evidence can especially be communicated to persons other than those who, in the bosom of the Community institutions, the Member States or the Swiss Confederation, are, by their functions, called to learn, or be used by them for purposes other than those falling under the scope of this agreement.
2. the information and the evidence obtained by the requesting contracting party pursuant to this agreement can be transmitted to any Contracting Party if that Contracting Party leads an investigation for which cooperation would not be excluded or if there is concrete evidence that this Contracting Party could usefully conduct such a survey. This communication can take place for purposes other than those provided for by this agreement.
3. the transmission of information and of the evidence obtained under this agreement to another Contracting Party or several Contracting parties cannot be appealed in the initially requested Contracting Party.
4. any Contracting Party recipient of the communication of information or evidence in accordance with the by. 2 respect the limits of use of these opposed by the contracting party required in the requesting Contracting Party of the first transmission.
5. the transmission of information and items of evidence obtained pursuant to this agreement by a Contracting Party to a third State is subject to the authorization of the Contracting Party which is the source of this information and evidence.

Art. 6 confidentiality the requesting Contracting Party may request the contracting party required to ensure that the application and its contents remain confidential, except to the extent where it is incompatible with the execution of the query. If the requested Contracting Party cannot comply with the requirements of confidentiality, it shall inform in advance the authority of the requesting contracting party.

Title II administrative Assistance Chapter 1 provisions general art. 7 relation to other agreements this title does not affect the provisions applicable to mutual legal assistance in criminal matters, nor obligations more extensive in the field of administrative assistance or the most advantageous provisions of arrangements bilateral or multilateral cooperation between the contracting parties, including the additional protocol on mutual administrative assistance in customs matters of 9 June 1997.

SR 0.632.401.02 art. 8 scope 1. The contracting parties lend each other assistance to combat illegal activities covered by this agreement, including by preventing and detecting operations and other acts and omissions contrary to the relevant legislation, and conducting investigations to their topic.
2. assistance under this title shall apply to any administrative authority of the contracting parties, acting in the exercise of powers of administrative inquiry or prosecution powers, including when these authorities exercise powers at the request of the judicial authorities.
If a criminal investigation is conducted by a judicial authority or under his leadership, this authority shall determine whether requests for mutual assistance or cooperation are related are presented on the basis of provisions applicable to mutual legal assistance in criminal matters or on the basis of this title.

Art. 9 skills


1. the authorities of the contracting parties shall apply this title as part of the skills that they have been granted on the basis of their national law. No provision of this title may be interpreted as a change of skills recognised under their internal provisions to the authorities of the contracting parties within the meaning of the present title.
They proceed as if they were acting on their own account or at the request of another authority in the same Contracting Party. They use for this purpose all the legal powers they have under their domestic law to meet the demand.
2. the requests to non competent authorities are transmitted without delay by the competent authority.

Art. 10 proportionality the authority of the requested Contracting Party may refuse a request for cooperation if it appears obvious that: a) the number and nature of claims made by the applicant contracting party within a given period impose administrative burdens out of proportion to the authority of the requested Contracting Party; b) the authority of the requesting contracting party has not exhausted the usual sources of information she could have , depending on the circumstances, use to obtain the information requested without running the risk of harming the search result.

Art. 11 central services 1. Each Contracting Party means the competent central services to process requests for administrative assistance within the meaning of this title.
These services rely on all competent administrative authority for the execution of the requested assistance.
2. central services communicate directly with each other.
3. the activity of the central services does not, especially in emergency cases, direct cooperation between the authorities of the relevant contracting parties in the areas of application of this agreement. Central services are informed of any action involving such direct cooperation.
4. the contracting parties shall communicate, during the notification provided for in art. 44, by. 2, what are the authorities considered central services for the purposes of this article.

Chapter 2 Assistance on request art. 12 inquiries 1. At the request of the authority of the requesting contracting party, the authority of the requested Contracting Party communicates, within the scope of this agreement, all information at its disposal or the provision of other authorities of the same party contracting such as to allow it to prevent, find, and suppress illegal activities covered by this or necessary for the collection of a debt. The authority of the requested Contracting Party shall give any administrative research necessary to obtain this information.
2. There is place to attach the information reports and other documents, or copies or extracts certified compliant to these reports and documents, that rely on the information provided, including the authorities of the requested Contracting Party have or which have been developed or obtained in order to respond to the request for information.
3. by agreement between the authority of the requesting contracting party and the authority of the requested Contracting Party, and in accordance with the instructions of the latter, officers authorized for that purpose by the authority of the requesting contracting party can have access, in the offices of the authorities of the requested Contracting Party, the documents and information to the sense of by. 1 in the possession of the authorities of that Contracting Party which refer to specific illegal activities falling within the scope of this agreement. These agents are allowed to take copies of the said documentation.

Art. 13 requests for surveillance at the request of the authority of the requesting contracting party, the authority of the requested Contracting Party supervision to the extent possible on trade in goods in violation of the rules referred to in art. 2. this monitoring may carry on those suspected manner based to have participated or participate in the commission of such illegal activities or perform preparatory acts conspiracy, as well as on the premises, means of transport and goods in connection with these activities.

Art. 14 notification and delivery by post 1. At the request of the authority of the requesting contracting party, the authority of the requested Contracting Party shall notify the addressee or did notify, in accordance with the internal provisions of the requested Contracting Party, all instruments or decisions from the competent authorities of the requesting contracting party which fall within the scope of application of this agreement.
2. notification requests, which shall state the object of the Act or decision to be notified, are accompanied by a translation in an official language of the requested Contracting Party or in a language acceptable to that Contracting Party.
3. the contracting parties will be able to directly send by post acts of notification and requests for information and documents to the operators concerned by the third and the fourth indent of art. 2, by. 1, let. (a) residing in the territory of the other Contracting Party.
These people will be able to follow up on these communications and provide relevant documents and information in the form provided by the rules and arrangements under which the funds were granted.

Art. 15 investigations 1. At the request of the requesting contracting party, the requested Contracting Party makes or made useful investigation concerning operations or behaviours that constitute illegal activities covered by this agreement, or which give rise to the authority of the requesting contracting party, the justified suspicion that such illegal activities were committed.
2. the requested Contracting Party appealed to all investigative tool available in its legal order in the conditions under which she could be using these means if she was acting for its own account or at the request of another internal authority, including by the intervention or if approval of the judicial authorities.
This provision is without prejudice to the duty of collaboration of economic operators under art. 17. the authority of the requested Contracting Party shall communicate the results of these surveys to the authority of the requesting contracting party. Art. 12, by. 2, shall apply mutatis mutandis.
3. the authority of the requested Contracting Party extends assistance to all circumstances, objects and people with an apparent connection with the object of the request for assistance, a divisional application is not necessary. In case of doubt, the authority of the requested Contracting Party first made contact with the authority of the requesting contracting party.

Art. 16 officers appointed by the authority of the requesting contracting party 1. By agreement between the authority of the requesting contracting party and the authority of the requested Contracting Party, officials designated by the authority of the requesting Contracting Party may be present at the inquiries referred to in the previous article. This presence is not subject to the consent of the person or economic operator to whom the investigation takes place.
2. agents of the authority of the requested Contracting Party shall at all times the conduct of investigations. Officers of the authority of the requesting contracting party cannot, on their own initiative, exercise the powers of the officers of the authority of the requested Contracting Party.
On the other hand, they have access to the same premises and the same documents as the officials of the authority of the contracting party required, through them and for the needs of the ongoing investigation.
3. authorisation may be subject to conditions.
4. the information brought to the attention of the authority of the requesting Contracting Party may be used as evidence before the transmission of documents relating to execution has been authorized.

Art. 17 duty to collaboration economic operators are required to collaborate to provide the administrative assistance request, giving access to their premises, means of transport and documentation and providing all relevant information.

Art. 18 form and content of requests for assistance 1. Requests for assistance are made in writing. They are accompanied by the documents necessary to respond.
In an emergency, oral applications are accepted, but they must be confirmed in writing as soon as possible.
2. applications are accompanied by the following information: a) the applicant authority; b) the measure requested; c) the object and the reason for the request; d) the laws, rules and other legal elements involved; e) information as accurate and complete as possible on the natural or legal persons who are the subject of investigations; f) a summary of the relevant facts and investigations already carried out except in the cases provided for in art. 14.


3. applications are established in an official language of the requested Contracting Party or in a language acceptable to that Contracting Party.
4. incorrect or incomplete applications may be corrected or completed. Steps to uphold the claim are implemented in the meantime.

Art. 19 use of information 1. The collected information is used only for the purposes covered by this agreement. When a Contracting Party requests the use of such information for other purposes, it must seek the written consent of the authority which provided the information. This use is then subject to the restrictions imposed by this authority.
2. the by. 1 does not obstacle to use of the information in the context of judicial or administrative actions brought for breach of laws covered by the request for administrative assistance if the same means of assistance are available for these actions. The competent authority of the Contracting Party which provided the information shall be informed without delay of such use.
3. the contracting parties may make State, as evidence, in their minutes, reports and testimonies as well as during the proceedings and prosecutions before the courts, information and documents consulted in accordance with the provisions of this agreement.

Chapter 3 Assistance spontaneous art. 20 spontaneous assistance 1. The forms of cooperation set out in the previous chapter can take place without prior request of another Contracting Party.
2. the authority of the Contracting Party transmitting the information may, in accordance with domestic law, attach conditions to the use of this information by the authority of the Contracting Party recipient.
3. all the authorities of the contracting parties are bound by these conditions.

Chapter 4 specific forms of co-operation art. 21 joint operations 1. During the import, export and transit of goods, when the volume of transactions and the risks resulting from the point of view of taxes and subsidies in game are likely to cause significant losses to the budget of the contracting parties, they can agree to conduct joint cross-border operations for prevention and prosecution of illegal activities falling within the scope of this agreement.
2. the coordination and planning of cross-border operations are the responsibility of the central office or an office designated by him.

Art. 22 joint special investigation teams 1. The authorities of several Contracting parties may, by mutual agreement, create a joint team of special investigation established in a Contracting Party.
2. the investigation team conduct difficult investigations involving the mobilization of significant resources and coordinates joint actions.
3. participation in such a team does not confer to the representatives of the authorities of the contracting parties that comprise the power to intervene on the territory of the Contracting Party where the investigations are carried out.

Art. 23 liaison officers 1. The competent authorities of the contracting parties may agree to the secondment, term or indeterminate, of liaison officers of a Contracting Party with competent services of another Contracting Party to agree a mutual support in the implementation of administrative assistance.
2. the liaison officers have a mission for advice and assistance. They don't have to be able to stand-alone intervention on the territory of the host Contracting Party. They may, with the agreement or at the request of the competent authorities of the contracting parties: a) to facilitate and accelerate the exchange of information; b) provide assistance to investigations; c) participate to the treatment of requests for assistance; d) advise and assist the Contracting Party hosting during the preparation and execution of cross-border operations; e) perform any other duty as the contracting parties may agree between them.

3. the competent authorities of the contracting parties regulate the details of a common agreement.
4. the liaison officers may represent the interests of one or several Contracting parties.

Chapter 5 recovery article 24 collection 1. At the request of the requesting contracting party, the requested Contracting Party shall give the recovery of claims falling within the scope of this agreement as if it were its own claims.
2. the request for recovery of a claim must be accompanied by an official copy or a certified copy of the title which allows execution, issued by the requesting contracting party and, where appropriate, the original or a certified copy conform other documents necessary for recovery.
3. the requested Contracting Party takes measures to ensure the collection of a debt.
4. the authority of the requested Contracting Party transfers to the authority of the requesting contracting party the amount of the claim that she has recovered. In agreement with the requesting contracting party, she can deduce the percentage corresponding to the administrative costs it has incurred.
5. Notwithstanding paragraph 1, claims to recover do not necessarily enjoy the privileges of similar receivables arising in the requested Contracting Party.

Title III mutual judicial art. 25 report to other agreements 1. The provisions of this title are intended to supplement the European Convention on mutual legal assistance in criminal matters of 20 April 1959, and the Convention relating to money laundering, detection, seizure and confiscation of the proceeds from crime of 8 November 1990 and must facilitate their application between the contracting parties.
2. the more favourable provisions of bilateral or multilateral agreements between the contracting parties are not affected.

SR 0.351.1 SR 0.311.53 art. 26 procedures in which mutual assistance is also granted 1. Mutual legal assistance is also granted: a) in proceedings for acts which are punishable under the national law of one of the two contracting parties or of the two contracting parties in respect of violations prosecuted by administrative authorities whose decision may give rise to proceedings before a competent court in criminal matters; b) in civil actions joined to criminal proceedings, (as long as the Criminal Court has not yet definitively ruled on criminal action; c) for facts or offences that can engage the liability of a legal person of the Contracting Party applicant.

2. assistance is also granted for the purposes of investigations and proceedings for the seizure and confiscation of the instruments and products of these offences.

Art. 27 transmission of applications 1. Requests under this title are presented by the authority of the requesting contracting party through a competent central authority of the contracting party required either directly from the authority of the contracting party responsible for executing the request of the requesting contracting party. The authority of the requesting contracting party and, where appropriate, the authority of the requested Contracting Party, send copy of the application to their respective central authorities for information.
2. any parts relating to the request or its execution can be forwarded through the same channels. It is sent, at the very least copy, directly to the authority of the requesting contracting party.
3. If the authority of the Contracting Party receiving the request is not competent to provide mutual assistance, she forward it without delay to the competent authority.
4. defective or incomplete applications are accepted insofar as they contain the essential elements to be met, without prejudice to their subsequent regularisation by the authority of the requesting contracting party. The authority of the requested contracting party notifies the authority of the requesting Contracting Party of these defects and give him a time limit for regularization.
The authority of the requested Contracting Party must without delay to the authority of the Contracting Party applicant any indication that would allow the latter to complete its request or to widen it to other measures.
5. the contracting parties shall communicate, during the notification provided for in art. 44, by. 2, what are the competent central authorities for the purposes of this section.

Art. 28 delivery by post 1. As a general rule the contracting parties send directly by post of judicial documents to persons in the territory of the other Contracting Party, in proceedings for the illegal activities referred to in this agreement.
2. If the authority of the Contracting Party which is the original documents knows or has reason to believe, that the recipient knows that another language, documents, or at least the most important passages thereof, must be accompanied by a translation in that language.
3. the authority of the transmitting contracting party notifies the addressee that no measure of constraint or sanction cannot be directly enforced by it in the territory of the other Contracting Party.

4. all the pleadings are accompanied by a note indicating that the recipient can obtain the authority identified in the note of information on their rights and obligations concerning the room.

Art. 29 interim measures 1. Within the limits of its domestic law and its respective powers and at the request of the authority of the requesting contracting party, the competent authority of the contracting party required ordered provisional measures to maintain an existing situation, protecting endangered legal interests or preserving evidence, if the request for assistance seems not manifestly inadmissible.
2. the freezing and seizure preventive are ordered from the instruments and proceeds of offences for which assistance is requested. If the proceeds of an offence no longer exists, in whole or in part, the same measures are ordered from goods that are on the territory of the requested Contracting Party, and which correspond to the value of the product in question.

Art. 30 presence of the authorities of the requesting contracting party 1. The requested Contracting Party allows, at the request of the requesting contracting party, representatives of the authorities of the latter to attend the execution of the request for mutual legal assistance. This presence is not subject to the consent of the person concerned by the measure.
Authorisation may be subject to conditions.
2. attendees have access to the same premises and the same documents as the officials of the authority of the contracting party required, through them and for the needs of the execution of the request for mutual legal assistance. In particular, they can be allowed to ask or to propose questions and suggest investigative action.
3. this presence cannot have the consequence that facts be disclosed to persons other than those authorized under the previous paragraphs in violation of judicial secrecy or of the rights of the person concerned. The information brought to the attention of the authority of the requesting Contracting Party may be used as evidence until the decision on the transmission of documents relating to execution has acquired force judged.

Art. 31 search and seizure 1. The contracting parties shall not make the admissibility of letters rogatory for the purposes of search and seizure to conditions other than those below: has) that gave rise to the letter rogatory is punishable under the law of both contracting parties by a term of imprisonment of freedom or a security measure restricting the liberty of a maximum of at least six months (, or punishable under the law of one of the two parties of an equivalent penalty and under the law of the other Contracting Party in respect of violation of the rules by administrative authorities whose decision may give rise to proceedings before a competent court in criminal matters; b) execution of the letter rogatory is consistent with the law of the requested Contracting Party.

2. the letters rogatory for purposes of search and seizure for grounds of laundering falling within the scope of this agreement are also admissible provided that the activities constituting the prior fact are punishable under the law of both contracting parties by a term of imprisonment of freedom or a security measure restricting freedom for more than six months.

Art. 32 application for banking and financial information 1. If the conditions of the art. 31 are met, the requested contracting party performs the requests for mutual assistance on obtaining and transmitting banking and financial information, including: a) the identification and information about the bank accounts opened at banks established in its territory which people under investigation are holders, mandated or hold control; b) identification and information about transactions and operated from banking operations destination or through one or more bank accounts or by persons determined in a specified period.

2. in the measure of what is permitted under its law of criminal procedure for similar domestic cases, the requested Contracting Party may order surveillance during a specific period of banking business from, to or through bank accounts or by specified persons, and communicating the results to the requesting contracting party. The decision to track the transactions and the communication of results is taken in each individual case by the competent authorities of the requested Contracting Party and must comply with the national legislation of that Contracting Party. The practical monitoring arrangements are agreed between the competent authorities of the contracting parties applicant and required.
3. each Contracting Party takes the necessary measures to ensure that financial institutions do not disclose to the customer concerned nor to other third parties that measures are carried out at the request of the requesting contracting party or that an investigation is underway, for a period limited to what is necessary for not compromising the result.
((4. the authority of the Contracting Party which has itself made the request: a) set out the reasons for which it considers that the requested information are likely to be key to the investigation into the offence; b) specifies the reasons which lead him to assume that banks in the requested Contracting Party hold the accounts in question and indicates, insofar as she has evidence (, which are the banks who may be affected; c) communicates any information which may facilitate the execution of the request.

5. a Contracting Party does not invoke bank secrecy as a ground for rejecting all cooperation on a request for assistance from another Contracting Party.

Art. 33. controlled delivery 1. The competent authority of the Contracting Party undertakes that, at the request of the authority of the requesting contracting party, controlled deliveries may be permitted on its territory in the context of criminal investigations into offences that may give rise to extradition.
2. the decision to use controlled delivery is taken in each individual case by the competent authorities of the contracting party required, in accordance with its national law.
3. controlled deliveries take place in accordance with the procedures provided by the law of the requested Contracting Party. The power to act, the direction and control of the operation belong to the competent authorities of the latter.

Art. 34 discount for forfeiture or restitution 1. At the request of the requesting contracting party, the objects, documents, funds or other values that have been seized as a precaution may subject to a discount with a view to their confiscation or their restitution to the person entitled.
2. the requested Contracting Party cannot refuse delivery because the funds correspond to a character tax or customs debt.
3. the rights as a third party in good faith argued on these objects are reserved.

Art. 35 acceleration of assistance 1. The authority of the requested Contracting Party runs the request for mutual assistance as soon as possible, taking into account the best procedure or other deadlines indicated by the authority of the requesting contracting party. It explains the reasons for these dates.
2. where the application may not be executed, or may not be executed completely, in accordance with the requirements of the authority of the requesting contracting party, the authority of the requested Contracting Party shall inform without delay the authority of the requesting contracting party and indicate the conditions in which the application could be executed. The two authorities may later agree on a follow-up book on demand, as appropriate by attaching it to the respect of these terms.
If it is foreseeable that the deadline set by the authority of the requesting contracting party for executing its request cannot be respected and if the reasons referred to the by. 1, second sentence, show in practice that all delay considerably hinder the procedure conducted by the authority, the authority of the requested contracting party indicates without delay the estimated time needed for execution of the request. The authority of the requesting contracting party indicates without delay if demand is nevertheless maintained. The two authorities can then agree on a follow-up book on demand.

Art. 36 use of information and evidence the information and evidence submitted as part of the mutual assistance procedure may be used, in addition to the purposes of the proceedings for which mutual assistance has been provided:

((a) in a criminal in the requesting contracting party be directed against other persons involved in the commission of the offence for which assistance was granted; b) when the facts at the origin of demand constitute another offence for which the mutual assistance should also be granted; c) in proceedings to confiscate instruments and proceeds of offences for which mutual assistance should be given and in proceedings for damages derived from the facts for which assistance had been granted.

Art. 37 spontaneous transmission 1. Within the limits of their national law and their skills, the judicial authorities of a Contracting Party may spontaneously transmit information and evidence to a judicial authority of another Contracting Party where they feel these might be useful to the authority of the Contracting Party recipient to engage or carry out investigations or procedures or that such information and evidence may lead the authority to submit a request for mutual legal assistance.
2. the authority of the Contracting Party that transmits information and evidence may, in accordance with its domestic law, attach conditions to the use of information and evidence by the authority of the Contracting Party recipient.
3. all the authorities of the contracting parties are bound by these conditions.

Art. 38 procedures in the requested Contracting Party the request for assistance does not prejudice the rights which may result from his capacity as civil party in domestic criminal judicial proceedings initiated before the authorities of the requested Contracting Party to the requesting contracting party.

Title IV provisions final art. 39 Joint Committee 1. It is established a Joint Committee, composed of representatives of the contracting parties, which is responsible for the proper application of this agreement. Therefor, it makes recommendations and take decisions in the cases provided for by the agreement. It shall act by mutual agreement.
2. the Joint Committee establishes its rules of procedure, which contains, among other provisions, procedures for convening meetings, designation of its president and definition of the mandate given to the latter.
3. the Joint Committee shall meet as needed, and at least once a year. Each Contracting Party may request the convening of a meeting.
4. the Joint Committee may decide to set up any working group or expert to assist it in the performance of its tasks.

Art. 40 settlement of disputes 1. Each Contracting Party may submit to the Joint Committee a dispute relating to the interpretation or application of this agreement, including when she considers that another Contracting Party does not suite in a way repeated requests for cooperation addressed to him.
2. the Joint Committee strives to resolve the dispute promptly. 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 possibilities to maintain the good functioning of this agreement.

Art. 41 reciprocity 1. The authority of the requested Contracting Party may refuse a request for cooperation where the requesting contracting party does not result of repeated a request for cooperation in similar cases.
2. to refuse a request for cooperation based on reciprocity the Joint Committee is informed in order to give him the opportunity to comment on the issue.

Art. Revision 42, if a Contracting Party wishes to a revision of this agreement, it shall submit a proposal to that effect to the Joint Committee, which makes recommendations, including to enter into negotiations.

Art. 43 scope territorial agreement applies to the territory of the Swiss Confederation, on the one hand, and to the territories where the Treaty establishing the European Community applies under the conditions laid down by the latter, on the other hand.

Art. 44 entry into force 1. This agreement is concluded for an indefinite period.
2. it is ratified or approved by the contracting parties according to specific procedures. It is effective the first day of the second month following the last notification of instruments of ratification or approval.
3. until the entry into force of this agreement, each Contracting Party may, when she shall give the notification referred to the by. 2 or to any other subsequent time, declare that the latter is applicable, in which her concerns, in relation to any other Contracting Party having made the same declaration. These statements take effect ninety days after the date of receipt of the notification.

Art. 45 information the European Community or the Swiss Confederation may denounce this agreement by notifying its decision to the other Contracting Party. The denunciation shall take effect six months after the date of receipt of the notification of denunciation.

Art. 46 application in time the provisions of this Agreement shall apply to requests concerning illegal activities committed at least six months after the date of its signature.

Art. 47 extension of the agreement to the new Member States of the European Union 1. Any State that becomes a Member State of the European Union may, upon notification to the contracting parties, become a party contracting to the present agreement.
2. the text of the agreement in the language of the new State Member adhering, established by the Council of the European Union, will be authenticated on the basis of an exchange of letters between the European Community and the Swiss Confederation. It will be worth as authentic text in the sense of art. 48 3. This agreement shall enter into force in respect of any new Member State of the European Union who adhere to ninety days after the receipt of the notification of its instrument of accession or on the date of entry into force of the agreement if it has not yet entered into force at the expiration of the said period of ninety days.
4. When this agreement is not yet entered into force at the time of the notification of their instrument of accession, art. 44, by. 3, applies to States members.

Art. 48 languages 1. This agreement is drafted in duplicate in the languages German, English, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Dutch, Polish, Portuguese, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
2. the Maltese version of the agreement will be authenticated by the contracting parties on the basis of an exchange of letters. She will also be faith, in the same way as the languages referred to the by. 1. in faith, the undersigned Plenipotentiaries have affixed their signatures at the bottom of this agreement.
Done at Luxembourg, 26 October 2004.
(Follow signatures)

Final act the Plenipotentiaries of the Swiss Confederation, on the one hand, and the Kingdom of Belgium, the Czech Republic, of the Kingdom of Denmark, the Federal Republic of Germany, of the Republic of Estonia, of Greece, of the Kingdom of Spain, the French Republic, of Ireland, of the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania the Grand Duchy of Luxembourg, of the Republic of Hungary, the Republic of Malta, of the Kingdom of the Netherlands, of the Republic of Austria, of the Republic of Poland, of the Portuguese Republic, of the Republic of Slovenia, of the Slovak Republic, of the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and of Northern Ireland, the European Community on the other hand, meeting in Luxembourg, on October 26, 2004 for the signing of the cooperation agreement between the community and its States members, of one part, and the Swiss Confederation, on the other hand, to combat fraud and any other illegal activity affecting their financial interests, have adopted the joint declarations mentioned below and attached to this final act : 1. joint declaration on money laundering; 2. Joint Declaration on cooperation of Confederation Swiss to Eurojust and, if possible, the European judicial network.

Furthermore, the Plenipotentiaries of States members of the European Union and those of the community and the Plenipotentiary of the Swiss Confederation adopted the agreed minutes of the negotiations, which is annexed to this final act. The agreed minute has binding force.
Done at Luxembourg, 26 October 2004.
(Follow signatures)

Joint Declaration on money laundering the contracting parties agree that art. 2, by. 3, of the agreement on cooperation in the field of anti-money laundering includes the preliminary facts as those constituting evasion or smuggling by occupation under Swiss law. Information received on basis of a request for laundering can be used in whitening procedures, except in proceedings against Swiss persons if all the relevant acts of the offence have been committed exclusively in Switzerland.


Joint Declaration on cooperation of Confederation Swiss to Eurojust and, if possible, the European judicial network the contracting parties take note of the wishes of the Confederation Swiss to probe the possibility of cooperation of the Swiss Confederation to the work of Eurojust and, if possible, of the European judicial network.

Agreed minutes of the negotiations on the cooperation agreement between the Swiss Confederation, of a part and the European Community and its Member States, on the other hand, to combat fraud and any other illegal activity affecting their financial interests the contracting parties have agreed to the following: Ad art. 2, by. 1, let. (a) the terms "fraud and any other illegal activity" also include smuggling, corruption and the laundering of the proceeds of the activities covered by this agreement, subject to art. 2, by. 3. the terms "trade in goods contrary to customs and agricultural legislation" agreed independently of the passage (departure, destination or transit) or not the goods through the territory of the other Contracting Party.
The terms "trading in violation of tax legislation in terms of added value, special consumption taxes and excise tax" are heard independently of the passage (departure, destination or transit) or no goods or services in the territory of the other Contracting Party.
Ad art. 15, by. 2. the term "means of investigation" includes auditions of people, visits and searches in premises and means of transport, copies of documents, the request for information and the seizure of objects, documents and values.
Ad art. 16, by. 2, al. 2. this paragraph includes that the persons present may be allowed to ask questions and propose acts of investigation.
Ad art. 25, by. 2. the notion of multilateral agreements between the contracting parties includes, from its entry into force, the agreement between the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis.
Ad art. 35, by. 1. by 'request for legal assistance', it is also understood the transmission of information and evidence to the authority of the requesting contracting party.
Ad art. 43. the European Commission shall communicate an indicative list of the territories to which this agreement applies, by the signing of the agreement.

State of ratifications and the provisional application of the agreement between the Switzerland and the European Community and its Member States (art. 44, al. 3), October 1, 2015 States Ratification applies provisionally from the: Germany 29.09.2008 09.04.2009 Austria Belgium 02.06.2008 23.06.2006 28.09.2011 Bulgaria 13.10.2008 08.04.2009 Cyprus EU 19.12.2008 25.01.2008 08.04.2009 Denmark Spain Estonia 03.03.2005 16.11.2007 08.11.2006 06.01.2011 Finland 15.01.2009 15.04.2009 France 12.04.2007 08.04.2009 Greece Hungary 31.03.2006 Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands 14.05.2008 29.01.2009 16.02.2007 09.06.2005 20.04.2010

21.12.2009 21.03.2010 Poland 06.09.2006 08.04.2009 Portugal 11.06.2008 19.01.2010 25.07.2006 03.04.2008 Romania Czech Republic United Kingdom 27.04.2006 08.04.2009 20.04.2009 Sweden 29.05.2008 08.04.2009 Switzerland 23.10.2008 08.04.2009 04.05.2007 Slovakia 22.04.2012 Slovenia 21.12.2005 RO 2009 1299; FF 2004 5593 RO 2009 1297 State of ratifications and the provisional application of the agreement between the Switzerland and the European Community and its Member States (art. 44, para. 3) in the Appendix.
RO 2015 4067 State on 1 October 2015

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