Rs 0.424.112 Agreement Of November 28, 2007, In The Form Of Exchange Of Letters Between The Swiss Confederation And The European Community Of Atomic Energy On The Switzerland's Accession To The Joint Undertaking European For Iter And The Development Of...

Original Language Title: RS 0.424.112 Accord du 28 novembre 2007 sous forme d’échange de lettres entre la Confédération suisse et la Communauté européenne de l’énergie atomique sur l’adhésion de la Suisse à l’entreprise commune européenne pour ITER et le développement de l’énergi

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0.424.112 agreement in the form of exchange of letters between the Confederation Swiss and the Community European energy on the Switzerland's accession to the company European common for ITER and the development of fusion energy concluded on 28 November 2007 applied provisionally from November 28, 2007 approved by the Federal Assembly on 20 March 2009, entered into force on September 18, 2009 (status September 18, 2009) translation Janez Potočnik Brussels , November 28, 2007 European Community of Atomic Energy Brussels Mr Hanspeter Mock Chargé d'affaires of the Swiss Mission to the European Union B-1050 Brussels Sir, I have the honour to acknowledge receipt of your letter of November 5, 2007, worded as follows: 'on 18 July 2006, the Swiss Confederation some Suisse› has notified to the Commission the interest she has in the European joint undertaking for ITER and the development of fusion energy.
I am pleased to inform you that the Swiss authorities took note of the content of the decision 2007/198/Euratom of the Council of 27 March 2007 establishing a joint undertaking for ITER and the development of fusion ‹l energy ' company commune›. The Switzerland is particularly informed about the possibility for third countries to become members of the joint venture provided they have concluded, in the field of controlled nuclear fusion, a cooperation agreement with Euratom which combines their relevant research and programs of Euratom.
On behalf of the Swiss Confederation, I have the honour to declare, in accordance with art. 2, let. (c), of the decision of the Council, that the Switzerland expressed the wish to become a member of the joint undertaking. This membership will be the basis for cooperation followed between the Switzerland and Euratom. It will be an extension of this commitment in the search on the merger in accordance with art. 3, by. 3, of the cooperation agreement of 14 September 1978 between the Swiss Confederation and the European Community of controlled atomic energy in the area of thermonuclear fusion and plasma physics. In addition, this membership will be the implementation of cooperation in the field of scientific and technical research, as provided for in the agreement on the participation of Switzerland in the seventh framework programmes of the European Community and Euratom.
Given the intention of the Switzerland to become a member of the joint undertaking, I should be grateful if you would confirm that the following interpretation is shared by the Commission representing Euratom: Notwithstanding the art. 12, by. 2, let. (a), and 82, by. 3, let. (a) of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council, of 29 February 1968 laying down the staff regulations of officials of the European communities as well as the regime applicable to other agents of these communities, and in accordance with art. 10 of the statutes of undertaking for ITER and the development of fusion energy attached to the Council decision establishing the joint undertaking and the provisions governing the application of the Statute by the joint venture, the Swiss nationals exercising the full rights of citizenship may be appointed by the Director of the joint venture as the staff of the joint undertaking.
In addition, I wish to confirm that the Switzerland, as a member of the joint venture, will comply with the Council decision referred to above establishing the joint undertaking and conferring advantages. Specifically: has) according to art. 7 of the decision of the above-mentioned Council, the Switzerland will apply the Protocol on the privileges and immunities of the European communities to the joint undertaking, its Director and its staff according to the terms and conditions attached to the present letter (annex I); b) the Switzerland gives all the advantages provided for in annex III of the Euratom Treaty in the joint undertaking to the extent of its official activities (annex III); c) the Switzerland accepts the allocation of the voting rights of the members of the Council management and the payment of an annual contribution to the joint undertaking in accordance with Annex I and annex II of the statutes annexed to the Council decision referred to above; d) the Switzerland accepts financial control insofar as it concerns his participation in the activities of the joint venture provided for in the decision of the Board above and attached to the present letter (annex III).

Annexes I, II and III are part of this letter.
According to art. 6, by. 5, and art. 21 of the statutes annexed to the decision of the above-mentioned Council, the Swiss authorities will be consulted if the provisions of the statutes should be changed. The Switzerland stresses that any changes affecting the obligations of the Switzerland requires formal approval before taking effect for her.
If the foregoing has the approval of the Commission, I have the honour to propose that this letter and the response of the Commission constitute an agreement between Switzerland and Euratom be applied provisionally from the date of the Commission's response to this letter. The implementation of this agreement will remain provisional until the date when the Swiss Parliament will be decided to the Switzerland's accession to the joint undertaking. The Switzerland will notify Euratom the fulfillment of internal approval procedures. The date of receipt of this notification by Euratom will be the entry into force of the present exchange of letters. This agreement will be concluded for the duration of the seventh framework programme of Euratom, namely from 2007 to 2011. It will be tacitly renewed for the duration of the framework programmes of the following Euratom unless one of the parties denounces the agreement at least one year before the end of the framework programme of Euratom in force."
I have the honour to inform you that Euratom is in agreement with the above-mentioned regulations interpretation and with the content of this letter and confirm that the Switzerland became a member of the joint undertaking at the date of this letter.
Please accept, Sir, the assurance of my highest consideration.

Appendix to the annex I application in Switzerland of the Protocol on the privileges and immunities 1. Extension of the application to Switzerland any reference made to the Member States in the Protocol on the privileges and immunities of the European Communities (hereinafter: 'Protocol'), must be understood as also including Switzerland, unless otherwise agreed by the following provisions.
2. exemption of excise (including VAT) for the joint undertaking for ITER and the development of fusion energy ("joint venture") goods and services exported from Switzerland are not subject to Swiss value added (tax VAT) tax. Regarding the goods and services provided to the joint venture in Switzerland for its official use, the exemption from VAT in accordance with, art. 3, al. 2, of the Protocol, through the refund. The VAT exemption is granted if the price of actual purchase of goods and the provision of services mentioned in the invoice or equivalent document amounts to a total of 100 CHF at least (including tax).
The VAT refund is granted on presentation to the Federal Tax Administration, main Division VAT, Swiss forms provided for this purpose. Applications are processed, in principle, within a period of three months from the filing of the refund request accompanied by the necessary supporting documents.
3. modalities of application of the rules relating to the staff of the joint undertaking with regard to art. 13, second paragraph, of the Protocol, the free Switzerland, according to the principles of its domestic law, officials and other agents of the joint venture to the senses of the art. 2 of Regulation (Euratom, ECSC, EEC) No 549/69 of 25 March 1969 (OJ L 74 of the 27.3.1969, p. 1) Federal, cantonal and communal taxes on salaries, wages and emoluments paid by the community and subject to the profit of it to an internal tax.
The Switzerland is not considered as a Member State within the meaning of point 1 above for the purposes of art. 14 of the Protocol.
The officials and other agents of the joint venture, as well as their family members who are affiliated to the social insurance system applicable to officials and other servants of the community are not necessarily subject to the Swiss social security system.
The Court of justice of the European will have exclusive competence for questions concerning the relationship between the joint venture or the Commission and its staff with respect to the application of the Regulation (ECSC, EEC, Euratom) No 259/68 of the Council of 29 February 1968 (OJ L 56 of the 4.3.1968, p. 1) and the other provisions of Community law laying down working conditions.

September 18, 2009 State annex III financial control relating to Swiss participants in activities of the JV for ITER and the development of energy of fusion art. 1 direct communication


The joint undertaking and the Commission communicate directly with all persons or entities established in Switzerland participating in the joint, either as contracting, participating business to a joint venture program, anyone who received a payment to the budget of the joint undertaking or the community, or as a subcontractor. These people can pass directly to the Commission and the joint venture all information and documentation that they are required to communicate on the basis of the instruments referred to in this agreement and contracts or agreements concluded and the decisions taken within these.

Art. 2 audits 1. In accordance with Regulation (EC, Euratom) n 1605/2002 of the Council of 25 June 2002 on the financial regulation applicable to the general budget of the European Communities (OJ L 248 of the 16.9.2002, p. 1), amended by Regulation No 1995/2006 of the Council of 13 December 2006 (OJ L 390 of the 30.12.2006, p. 1) and the financial regulation adopted by the Board of Directors of the joint venture on October 22, 2007 , with the provisions of Regulation (EC, Euratom) n 2343/2002 of the Commission of 23 December 2002 establishing the modalities for implementing the Regulation (EC, Euratom) n 1605/2002 of the Council (OJ L 357 of 31.12.2002, p. 1), as last amended by Regulation (EC, Euratom) n 478/2007 of the Commission of 23 April 2007 (OJ L 111 of the 23.4.2007 (, p. 13), as well as with other regulations referred to in this agreement, the contracts or agreements concluded and decisions with beneficiaries established in Switzerland may provide for scientific, financial, technological or other audits may be made at any time with them and their subcontractors by agents of the joint undertaking and the Commission or by other persons mandated by them.
2. the officers of the joint undertaking and the Commission as well as other persons authorized by them have appropriate access to sites, works and documents, as well as all the necessary information, including in electronic format, to carry out these audits. This right of access has been covered in the contracts or agreements concluded in application of the instruments referred to in this agreement.
3. the Court of Auditors of the European communities has the same rights as the Commission.
4. the audits may take place until five years after the expiration of this agreement or according to the terms provided in the contracts, conventions and decisions in question.
5. the federal Swiss financial control is informed in advance of audits conducted on Swiss territory. This information is not a legal condition for the execution of these audits.

Art. 3 1 on-site inspections. Under this agreement, the Commission (OLAF) is authorized to conduct of the checks and inspections on Swiss territory, in accordance with the terms and conditions of the Regulation (EC, Euratom) 2185/96 of 11 November 1996 Council n.
2. the controls and on-site audits are prepared and conducted by the Commission in close collaboration with federal control of Swiss or other finance competent Swiss authorities designated by the federal control of Swiss finance, who are informed in due time of the object, of the purpose and legal basis of the checks and inspections, so that they can provide all the necessary assistance. For this purpose, the agents of the competent Swiss authorities may participate in the checks and inspections on the spot.
3 If the relevant Swiss authorities so wish, the checks and inspections on the spot are made jointly by the Commission and them.
4. when participants in the program are opposed to a control or audit on-site, the Swiss authorities lend to the controllers of the Commission, in accordance with the national provisions, the necessary assistance to allow the accomplishment of their mission control and audit on-site.
5 the Commission shall, at the earliest, to federal control of finance Swiss, any fact or suspicion relating to an irregularity which she was aware in the performance of the control or audit on-site. In any event, the Commission is required to inform the abovementioned authority of the result of such checks and inspections.

Art. 4 information and consultation 1. For the purposes of the execution of this annex, the competent Swiss and community authorities conduct regular exchanges of information and, at the request of one of them, conduct consultations.
2. the competent Swiss authorities shall inform without delay the joint undertaking and the Commission of any item brought to their notice suggesting the existence of irregularities related to the conclusion and execution of the contracts or agreements concluded in application of the instruments referred to in this agreement.

Art. 5 confidentiality information communicated or obtained under this annex, in any form whatsoever, are covered by professional secrecy and enjoy the protection granted to similar information by Swiss law and by the corresponding provisions applicable to the Community institutions. This information may not be communicated to persons other than those who, in the bosom of the Community institutions, Member States or Switzerland, are, by their functions, called to learn, nor be used for any purposes other than to ensure effective protection of the financial interests of the contracting parties.

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

Art. 7 recovery and enforcement decisions of the joint undertaking or of the Commission, taken under the scope of this agreement, which include persons other than States, a monetary obligation, the dependent form enforceable in Switzerland.
The order is appended, without another control than verification of the authenticity of the title, by the authority designated by the Swiss Government, which will give knowledge to the joint or the Commission. The execution takes place according to the rules of the Swiss procedure. The legality of the decision enforceable title is subject to the control of the Court of justice of the European communities.
The judgments of the Court of justice of the European communities under an arbitration clause are enforceable under the same conditions.

2008 2079 RO; FF 2008 3137 art. 1 al. let 1. a FY to March 20, 2009 (RO 2009 5283) RO 2009 5287 translation of the original English.
RS 0.424.11 appendix to this Protocol: 'Modalities of application in Switzerland of the Protocol on the privileges and immunities of the European Communities', is reproduced in annex I to the present text. The 'Protocol on the privileges and immunities of the European Communities' (OJ C 321 E/318 of the 29.12.2006) can be accessed at the following address: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2006:321E:0001:0331: FR:PDF annex III of the Euratom Treaty: 'benefits may be granted to companies common to the title of art. 48 of the Treaty"can be accessed at the following address: http://eur-lex.europa.eu/fr/treaties/dat/11957K/tif/11957K.html the text 'Financial control relating to Swiss participants in activities of the JV for ITER and the development of fusion energy' is reproduced in annex III to the present text.

State on September 18, 2009

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