Key Benefits:
Original text
(State on 8 October 2015)
The Swiss Confederation,
(hereinafter 'Switzerland'), on the one hand,
And
The European Union and the European Atomic Energy Community,
(hereinafter 'the Union' and 'Euratom'), on the other hand,
(hereinafter "the Parties"),
Whereas a close relationship between Switzerland, on the one hand, and the Union and Euratom, on the other, is advantageous for the Parties,
Considering the importance of scientific and technological research for the Union and Euratom and for Switzerland, and their mutual interest in cooperating in this field to make better use of resources and avoid unnecessary duplication,
Whereas Switzerland and the Union and Euratom are currently carrying out research programmes in areas of common interest,
Whereas the Union and Euratom and Switzerland have an interest in cooperating in these programmes for the mutual benefit of the Parties,
Considering the interest of the Parties in encouraging the reciprocal access of their research organisations to the research and technological development activities of Switzerland, on the one hand, and the Union Framework Programme for Research and Innovation As well as the Euratom Research and Training Programme and the activities of the European Joint Undertaking for ITER and the Development of Fusion Energy 2 On the other hand
Whereas Euratom and Switzerland concluded on 14 September 1978 3 , a cooperation agreement in the field of controlled thermonuclear fusion and plasma physics (hereinafter 'the nuclear fusion agreement'),
Whereas both Parties wish to stress the mutual benefits of implementing the nuclear fusion agreement: in the case of Euratom, the role of Switzerland in the advancement of all elements of the Community fusion programme, Notably JET and ITER, on the road to the construction of the DEMO demonstration reactor, and, in the case of Switzerland, the development and strengthening of the Swiss programme and its integration into European and international frameworks,
Whereas both Parties reaffirm their desire to continue their long-term cooperation in the field of controlled thermonuclear fusion and plasma physics on the basis of a new framework and new instruments which Support research activities,
Whereas this Agreement repeals and replaces the nuclear fusion agreement,
Whereas the Parties concluded, on 8 January 1986, a framework agreement for scientific and technical cooperation which entered into force on 17 July 1987 (hereinafter 'the framework agreement') 4 ,
Whereas art. 6 of the framework agreement stipulates that the cooperation covered by the framework agreement will be implemented through appropriate agreements,
Whereas on 25 June 2007 the Communities and Switzerland signed an agreement on scientific and technological cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, On the other hand 5 ,
Whereas on 7 December 2012, Euratom and Switzerland concluded an agreement on scientific and technological cooperation between the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, Swiss Confederation in the framework programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) 6 ,
Whereas art. 9, para. 2, of the aforementioned 2007 agreement and Art. 9, para. 2, of the abovementioned 2012 Agreement provide for the renewal of the agreement with a view to participation in new multiannual framework programmes for research and technological development or any other present and future activity Agreed upon,
Taking into account the agreement concluded by Euratom on 21 November 2006 on the establishment of the ITER International Fusion Energy Organisation for the joint implementation of the ITER project 7 . Under s. 21 of the Agreement and the Agreements in the form of an exchange of letters between the European Atomic Energy Community and the Swiss Confederation (i) on the implementation of the agreement on the establishment of the ITER International Energy Organisation Merger with a view to the joint implementation of the ITER project, the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organisation with a view to the joint implementation of the ITER project and the agreement between the Community European Atomic Energy and the Government of Japan for the Implementation of the In the field of fusion energy research in the territory of the Swiss Confederation and (ii) on the accession of Switzerland to the European Joint Undertaking for ITER and the Development of Fusion energy of November 28, 2007 8 , the abovementioned 2006 agreement applies to Switzerland, participating in the Euratom programme on the merger as a fully-associated third-party state,
Whereas Euratom is a member of the European Joint Undertaking for ITER and the Development of Fusion Energy. Under s. 2 of Decision 2007 /198/Euratom and agreements in the form of an exchange of letters between the European Atomic Energy Community and the Swiss Confederation (i) on the application of the agreement on the establishment of the ITER international organisation For fusion energy for the joint implementation of the ITER project, the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organisation with a view to the joint implementation of the ITER project and the agreement Between the European Atomic Energy Community and the Government of Japan for the purposes of Joint implementation of the activities under the Wider Research on Fusion Energy in the territory of the Swiss Confederation and (ii) on the accession of Switzerland to the European Joint Undertaking for ITER and the Fusion energy development of November 28, 2007 9 , Switzerland has become a member of the European Joint Undertaking for ITER and the Development of Fusion Energy as a third State which has associated its research programme with the Euratom fusion programme,
Whereas Euratom has concluded the agreement between the European Atomic Energy Community and the Government of Japan for the joint implementation of the activities under the broad approach in the field of research for fusion energy 10 . Pursuant to Art. 26 of the Agreement, the Agreement shall apply to Switzerland participating in the Euratom programme in the field of fusion as a fully associated third country,
Whereas the Union programme entitled 'Framework programme for research and innovation <Horizon 2020 > (2014-2020)' ('the Horizon 2020 programme ') has been adopted by the Regulation (EU) n O 1291/2013 European Parliament and Council 11 , that the specific programme of implementation of the Horizon 2020 programme was adopted by Council Decision 2013 /743/EU 12 , that the research and training programme of the European Atomic Energy Community (2014-2018) supplementing the Horizon 2020 programme (hereinafter 'the Euratom programme') has been adopted by Regulation (Euratom) n O 1314/2013 13 , that the rules for participation in the Horizon 2020 programme and the Euratom programme and the dissemination of results have been adopted by the Regulation (EU) n O 1290/2013 European Parliament and Council 14 , that Regulation (EC) No O 294/2008 of the European Parliament and the Council 15 ('the EIT Regulation ') has been amended by the Regulation (EU) n O 1292/2013 European Parliament and Council 16 , and that the decision to establish the basis for the financing of ITER activities over the 2014-2020 period was adopted by Council Decision 2013 /791/Euratom 17 ,
Whereas, without prejudice to the provisions of the Treaty on the Functioning of the European Union (TFEU) and the Treaty establishing the European Atomic Energy Community (hereinafter 'the Euratom Treaty'), this Agreement and all activities In no way affect the power of the Member States of the Union to undertake bilateral activities with Switzerland in the fields of science, technology and research and development, And to conclude, where appropriate, agreements to that effect,
Agreed to the following provisions:
The modalities and conditions for the participation of Switzerland in the implementation of pillar I of the Horizon 2020 programme, actions under the specific objective "Propagate excellence and broaden participation", to the Euratom programme 2014-2018 and The activities carried out by the European Joint Undertaking for ITER and the Development of Fusion Energy ('Fusion for Energy ') for 2014-2020 are as set out in this Agreement.
2. Subject to s. 13, para. 6, this Agreement shall fix, as from 1 Er January 2017, the terms and conditions of Switzerland's participation in the implementation of the whole Horizon 2020 programme, the Euratom programme 2014-2018 and the activities carried out by Fusion for Energy for the period 2014-2020.
3. The legal entities established in Switzerland may participate in the programmes covered by this Agreement and the activities carried out by Fusion for Energy in accordance with the conditions laid down in Art. 7.
4. From 1 Er January 2017, legal entities established in Switzerland may participate in the activities of the Joint Research Centre of the Union, to the extent that such participation is not covered by s. 1.
5. The legal entities established in the Union, including the Joint Research Centre of the Union, may participate in Swiss research programmes and/or projects on themes equivalent to those of the programmes referred to in par. 1 and, starting from 1 Er January 2017, programs mentioned in subs. 2.
(6) For the purposes of this Agreement:
Cooperation shall take the following forms:
2. In addition to the regular transmission of information and documentation concerning the implementation of the programmes covered by this Agreement and the activities carried out by Fusion for Energy, as well as Swiss programmes and/or projects, cooperation Between the Parties may take the following forms and means:
1. Subject to Annex I to this Agreement and to the applicable law, legal entities established in Switzerland participating in the programmes covered by this Agreement and the activities of Fusion for Energy shall have, in respect of property, The exploitation and dissemination of information and intellectual property arising from such participation, the same rights and obligations as the legal entities established in the Union participating in the programmes and research activities in Question. This provision shall not apply to results obtained in projects initiated prior to the provisional application of this Agreement.
2. Subject to Annex I and the applicable law, legal entities established in the Union participating in Swiss research programmes and/or projects, as provided for in Art. 2, para. 1, point (c), in respect of the ownership, exploitation and dissemination of information and intellectual property arising out of that participation, the same rights and obligations as the legal entities established in Switzerland participating in the Programs and/or projects in question. This provision shall not apply to results obtained in projects initiated prior to the provisional application of this Agreement.
3. For the purposes of this Agreement, "intellectual property" has the meaning defined in Art. 2 of the Convention Establishing the World Intellectual Property Organization 1 , signed at Stockholm on 14 July 1967.
The financial contribution of Switzerland due to its participation in the implementation of the programmes covered by this Agreement and the activities carried out by Fusion for Energy shall be pro-rated and in addition to the amount allocated each year in the The general budget of the Union for commitment appropriations intended to meet the financial obligations of the European Commission (hereinafter 'the Commission') arising from the various forms of work necessary for the implementation, management, Operation and operations of the programmes covered by this Agreement.
The Union reserves the right to use the operational and administrative appropriations related to the contribution of Switzerland for the programmes covered by this Agreement and for all activities carried out by Fusion for Energy in accordance with the requirements of These programs and activities.
2. The proportionality factor governing the financial contribution of Switzerland under this Agreement shall be obtained by establishing the ratio between the gross domestic product of Switzerland at market prices and the sum of the domestic products Member States of the Union, at market prices.
By way of exception, the proportionality factor governing Switzerland's contribution to the activities of Fusion for Energy and the "merger" component of the Euratom programme is obtained by establishing the ratio of the gross domestic product of Switzerland to the Market prices, and the sum of gross domestic products, at market prices, of the Member States of the Union and of Switzerland.
These reports shall be calculated on the basis of the latest statistics from Eurostat, available at the time of publication of the draft general budget of the Union for the same year.
3. The rules governing Switzerland's financial contribution are set out in Annex II.
The "Swiss/Communities Research Committee" (hereinafter the "Committee") established by the Framework Agreement shall examine, evaluate and ensure the proper implementation of this Agreement. The Committee shall have before it any matter relating to the performance or interpretation of this Agreement.
2. The Committee may decide to amend the references to the acts of the Union referred to in Annex III.
The Committee shall meet at the request of one of the Parties. It also carries out its work on an ongoing basis through the exchange of documents, the sending of electronic messages and the use of other means of communication.
Representatives of Switzerland shall participate as observers in the committees responsible for the implementation of the programmes covered by this Agreement. This participation is consistent with the domestic regulations of these committees. Switzerland shall be informed of the results of the votes in these committees. Such participation shall take the same form, including in respect of the arrangements for the receipt of information and documentation, than that applicable to representatives of the Member States of the Union.
2. Representatives of Switzerland participate as observers on the Board of the Joint Research Centre. Such participation shall be in accordance with the rules of procedure of the Administrative Board of the Joint Research Centre.
3. Travel and subsistence expenses incurred by the representatives of Switzerland participating in the meetings of the committees referred to in subs. 1 and 2 shall be reimbursed by the Commission on the same basis as provided for in the procedures currently in force for representatives of the Member States of the Union, and shall be in accordance with those procedures.
4. Representatives of Switzerland participate in the bodies of Fusion for Energy. Participation is in accordance with the Statutes of Fusion for Energy, including their provisions on the right to vote.
5. The participation of representatives of Switzerland in the Committee of the European Research and Innovation Area (ERRC) and the groups concerned by the ERA is in accordance with the rules of procedure of this Committee and of these groups.
1. Without prejudice to s. 3, the legal entities established in Switzerland participating in the programmes covered by this Agreement and the activities carried out by Fusion for Energy shall have the same contractual rights and obligations as the legal entities established in the Union.
2. For legal entities established in Switzerland, the terms and conditions applicable to the submission and evaluation of proposals and the award and conclusion of grant agreements and/or contracts within the framework of the Programmes covered by this Agreement and the activities carried out by Fusion for Energy shall be the same as those applicable to grant agreements and/or contracts entered into under these programmes or the activities of Fusion for Energy With legal entities established in the Union.
3. The legal entities established in Switzerland shall be eligible for the financial instruments set up under the programmes covered by this Agreement.
4. An appropriate number of Swiss experts shall be taken into account in the selection of evaluators or experts under the programmes covered by this Agreement and for the activities carried out by Fusion for Energy, taking into account the Appropriate skills and knowledge for assigned tasks.
5. Without prejudice to art. 1 Er , paras. 5, art. 2, para. 1, point (c), and art. 3, para. 2, and without prejudice to existing rules and rules of procedure, legal entities established in the Union may participate, in accordance with arrangements and under conditions equivalent to those to which the Swiss partners are subject, Programmes and/or projects covered by the Swiss research programmes and activities referred to in Art. 2, para. 1, point (c). The participation of one or more legal entities established in the Union in a project may be submitted by the Swiss authorities to that of at least one entity established in Switzerland.
Each Party undertakes, in accordance with the regulations and agreements in force, to guarantee entry and stay, provided that this is essential to the smooth running of the activity concerned, of a number of their participating researchers, in Switzerland and the Union in the activities covered by this Agreement.
If the Union or Euratom revise or extend their respective research programmes or the activities of Fusion for Energy, this Agreement may be revised or extended to the conditions laid down by mutual agreement. The Parties shall exchange information and views on any revision or extension, as well as any matter directly or indirectly affecting the cooperation of Switzerland in the areas covered by the Agreement and activities carried out by Fusion for Energy. Switzerland shall receive notification of the exact content of the revised or extended programmes or activities within two weeks of their adoption by the Union and Euratom. In the event of the revision or extension of the programmes or of the research activities, Switzerland may denounce this Agreement subject to six months' notice. The Parties shall notify, within three months of the adoption of the decision of the Union or of Euratom, any intention to denounce or extend this Agreement.
2. If the Union or Euratom adopt new multiannual research and technological development programmes or a new decision to finance the activities of Fusion for Energy, this Agreement may be renewed or renegotiated at Conditions agreed upon by the Parties. The Parties shall, within the Committee, exchange information and views on the preparation of such programmes or any other ongoing or future research activities, including those carried out by Fusion for Energy.
(1) This Agreement shall apply without prejudice to the benefits provided for in other international agreements which bind one of the Parties and shall be reserved solely to legal entities established in the territory of that Party.
2. A legal entity established in another country associated with the Horizon 2020 Programme ('the Associated Country ') or the Euratom Programme shall have the same rights and obligations under this Agreement as the legal entities established in a Member State Of the Union, provided that the associated country in which the entity is established has agreed to give the legal entities of Switzerland the same rights and obligations.
This Agreement shall apply, on the one hand, to the territories in which the TFEU and the Euratom Treaty are applied and under the conditions laid down by those Treaties and, on the other hand, to the territory of Switzerland.
Annexes I, II and III shall form an integral part of this Agreement.
1. This Agreement shall apply for the duration of the Horizon 2020 programme, until 31 December 2018 for the Euratom programme and until 31 December 2020 for activities carried out by Fusion for Energy.
Notwithstanding s. 3, over the period from 1 Er January 2019 to March 31, 2019, each Party may denounce this Agreement by means of a written notification in connection with the activities carried out by Fusion for Energy. In this case, the agreement ceases to apply on 31 December 2018 in respect of those activities.
This Agreement shall be tacitly extended and shall apply in the same manner and under the same conditions to the Euratom Programme 2019-2020, unless one of the Parties notifies its decision not to extend this Agreement to that programme within a period of Three months after the adoption of the Euratom Programme 2019-2020. In the case of such notification, this Agreement shall cease to apply on 31 December 2018 to the Euratom programme, without prejudice to Switzerland's participation in the Horizon 2020 programme and to the activities carried out by Fusion for Energy.
(2) This Agreement may be amended only in writing by mutual agreement between the Parties. The procedure for the entry into force of the amendments shall be the same as that applicable to this Agreement.
3. Each Party may terminate this Agreement at any time, subject to six months' written notice.
4. If the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons is denounced, this Agreement shall cease to apply on the same date as the aforementioned Agreement. No prior written notification is required for this purpose.
5. This Agreement shall cease to apply in the absence of the notification of Switzerland required for the entry into force of the Protocol on the extension to Croatia of the Agreement between the European Community and its Member States, of the one part, and the The Swiss Confederation, on the other hand, on the free movement of persons (hereinafter 'the Protocol on extension to Croatia'), within six months of the completion of the Swiss internal procedures. No prior written notification is required for this purpose.
6. This Agreement shall cease to apply retroactively to 31 December 2016, in the absence of ratification by Switzerland of the Protocol on extension to Croatia, no later than 9 February 2017. If the Swiss Confederation ratifies this Protocol, this Agreement shall apply to the entire Horizon 2020 programme, to the Euratom programme 2014-2018 and to the activities carried out by Fusion for Energy as of 1 Er January 2017.
7. Projects and activities in progress at the time of denunciation and/or expiration of this Agreement shall be continued until their completion under the conditions set out in this Agreement. The Parties shall settle by mutual agreement the other possible consequences of the denunciation.
In the fourth year after this Agreement has become applicable, the Parties shall conduct a joint review of its implementation, including the proportionality factor governing the financial contribution of Switzerland, on the basis of the Data concerning the participation of legal entities established in Switzerland in direct and indirect actions under the programmes covered by this Agreement in the years 2014-2016 and the activities of Fusion for Energy.
This Agreement shall be ratified or concluded by the Parties in accordance with their respective rules. It shall enter into force on the date of the last notification of the completion of the procedures necessary for that purpose.
With regard to the association of Switzerland with the Horizon 2020 programme, the provisional application of this Agreement shall begin with its signature by representatives of Switzerland and the Union.
With regard to the association of Switzerland with the Euratom programme and the activities of Fusion for Energy, the provisional application of this Agreement begins when Switzerland has signed the Agreement and Euratom has notified Switzerland of the completion of the Agreement. Procedures necessary for the conclusion of this Agreement.
The provisional application takes effect from 15 September 2014. Legal entities established in Switzerland will be treated as entities of a country associated with the meaning of s. 2, para. 1, point 3 of the Regulation (EU) n O 1290/2013, for the purpose of calls for proposals or invitations to submit proposals, procedures for the award of contracts or competitions under the programmes covered by this Agreement, which shall expire on 15 September 2014.
If the legal entities established in Switzerland are not eligible for funding under the calls for proposals, invitations to submit proposals or competitions under the programmes covered by this Agreement financed from The 2015 budget for these programmes, on the basis of Art. 10, para. 1 (a) of the Regulation (EU) n O 1290/2013, the budget of the programme concerned shall, for the purposes of calculating the financial contribution of Switzerland paid in accordance with Annex II to this Agreement for the year 2015, be reduced from the budget of those appeals, invitations to submit Proposals or competitions.
2. If either Party notifies the other Party that it will not enter into or ratify this Agreement, it is agreed as follows:
1. As soon as it is applied provisionally, this Agreement suspends the nuclear fusion agreement.
2. As soon as it enters into force, this Agreement repeals and replaces the nuclear fusion agreement.
This Agreement shall be drawn up in duplicate in the German, English, Bulgarian, Croatian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish and Portuguese languages. Romanian, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
Done at Brussels, on the fifth of December, two thousand fourteen.
| For the Swiss Confederation: Johann N. Schneider-Ammann |
For the European Union: Stefania Giannini |
For the European Atomic Energy Community Carlos Moedas |
Each Party shall ensure that the intellectual property rights of the legal entities of the other Party participating in the activities conducted in accordance with this Agreement, as well as the rights and obligations resulting from such participation, shall be Treaties in a manner consistent with the relevant international conventions applicable to the Parties, in particular the TRIPS Agreement 1 (Agreement on Trade-Related Aspects of Intellectual Property Rights, administered by the World Trade Organization), the Berne Convention (Paris Act 1971) 2 And the Paris Convention (1967 Stockholm Act) 3 .
2. Legal entities established in Switzerland who participate in indirect actions under the programmes covered by this Agreement shall have intellectual property rights and obligations in accordance with the Regulation (EU) n O 1290/2013, the provisions of the Horizon 2020 and Euratom grant agreements.
3. The legal entities established in Switzerland who participate in activities conducted by Fusion for Energy have intellectual property rights and obligations in accordance with the rules on intellectual property rights and Dissemination of information and financial rules adopted by Fusion for Energy.
4. Where legal entities established in Switzerland participate in an indirect action under the Horizon 2020 programme implemented in accordance with Art. They have intellectual property rights and obligations in accordance with the Regulation (EU) n O 1290/2013 as well as the provisions of the relevant grant agreements and, where applicable, any other relevant rules.
5. Legal entities established in a Member State of the Union who participate in Swiss research programmes and/or projects have the same intellectual property rights and obligations as the legal entities established in Switzerland Participating in these programs or research projects.
(1) Unless otherwise agreed by the Parties, the following rules shall apply to intellectual property rights created by the Parties in the course of activities carried out in accordance with Art. 2, para. 2, of this Agreement:
2. Unless otherwise agreed by the Parties, the following rules shall apply to scientific publications of the Parties:
3. Unless otherwise agreed by the Parties, the following rules shall apply to the information of the Parties not to disclose:
The Commission shall communicate to Switzerland, together with the relevant reference documents and, in particular, Eurostat data, as soon as possible and by no later than 1 Er September of each year, as well as a 2014-2020 multiannual financial framework updated as soon as available:
2. On the final adoption of the general budget of the Union and at the same time as the first call for funds of the year, the Commission shall communicate to Switzerland the amounts referred to in par. 1, points (a) and (b), together with the reference documents, including Eurostat data, in separate expenditure statements corresponding to the participation of Switzerland in each of the programmes covered by this Agreement and the activities Conducted by Fusion for Energy.
In June and November of each financial year, the Commission shall publish a call for funds to Switzerland corresponding to its contribution to each of the programmes covered by this Agreement and to the activities carried out by Fusion for Energy in the context of the present Agreement. These funds shall each give rise to the payment of the six twelfths of the Swiss contribution, no later than thirty days after their receipt. However, in the last year of both programs and the last year of decision n O In June of this year, the Commission issued a single call for funds covering the whole year to be paid no later than 30 days after receipt of the corresponding call for funds.
2. Notwithstanding s. 1, before 15 December 2014, the Commission shall draw up a call for funds to Switzerland corresponding to 7/24 of its annual contribution to the programmes covered by this Agreement in 2014, with the exception of the activities relating to the merger within the framework of the Euratom programme. The Commission shall also publish by 15 December 2014 at the latest an appeal corresponding to 12/12 of the annual contribution of Switzerland to activities relating to the merger of the Euratom programme and the activities carried out by Fusion for Energy in 2014. These calls provide for payment of the contribution from Switzerland within 30 days of receipt of the corresponding call for funds.
3. Switzerland's contributions are denominated and paid in euros.
4. Switzerland shall pay its contribution under this Agreement in accordance with the timetable referred to in subs. 1 or 2 respectively. Any delay in payment causes interest to be paid at a rate equal to the interbank rate offered for one month (EURIBOR). This rate is increased by 1.5 percentage points per month of delay. The increased rate is applied throughout the delay period.
Switzerland's financial contribution to the two programmes and activities carried out by Fusion for Energy in accordance with Art. 4 of this Agreement shall remain unchanged for the year in question. The changes in the general budget of the Union adopted during the year in question shall be taken into account in the first call for funds launched the following year, except in the last year of the respective programmes and activities.
2. At the close of the accounts for each financial year (n) carried out for the revenue and expenditure account, the Commission shall proceed to the adjustment of the accounts relating to the participation of Switzerland, taking into account the changes Intervened by transfer, cancellation, deferral or by supplementary and amending budgets during the financial year.
3. This is done at the time of the first payment for year n + 1. However, this latter regularisation must take place no later than July of the fourth year following the closure of each of the two programmes and the end of the duration of Decision 2013 /791/Euratom. Payments made by Switzerland shall be credited to the programmes of the Union and Euratom as budgetary revenue allocated to the corresponding budget line in the statement of revenue of the general budget of the Union.
1. No later than 1 Er September of each financial year (n + 1), the statement of appropriations corresponding to the programmes covered by this Agreement and the activities carried out by Fusion for Energy, relating to the previous financial year (n), shall be drawn up and communicated to Switzerland for information, In the format of the Commission's revenue and expenditure account.
2. The Commission shall bring to the knowledge of Switzerland all statistics and other general financial data relating to the implementation of each of the two programmes and the activities carried out by Fusion for Energy which are Provision of the Member States of the Union.
The Commission may communicate directly with the participants in the programmes covered by this Agreement and the activities carried out by Fusion for Energy established in Switzerland and with their subcontractors. Such persons may transmit directly to the Commission any relevant information and documentation which they are required to communicate on the basis of the instruments referred to in this Agreement and of the grant agreements and/or Contracts concluded pursuant to those agreements.
1. In accordance with Regulation (EU, Euratom) n O 966/2012 European Parliament and Council 1 And the delegated regulation (EU) n O 1268/2012 of the Commission 2 As well as with the other regulations referred to in this Agreement, the grant agreements and/or contracts concluded with the participants in the programmes and activities established in Switzerland may provide for scientific audits, Financial, technological or otherwise, may be carried out at any time with them and their subcontractors by agents of the Commission or by other persons authorised by the Commission.
2. Officials of the Commission, the European Court of Auditors and other persons authorised by the Commission shall have access to the sites and works and to all information, including in electronic form, necessary to carry out such audits. This right of access is explicitly mentioned in the grant agreements and/or contracts concluded to implement the instruments referred to in this Agreement.
After the expiry of the Horizon 2020 programme and the Euratom programme, or after 31 December 2020 for the activities carried out by Fusion for Energy, audits may be carried out in accordance with the terms laid down in the grant agreements and/or Contracts in question.
4. The Swiss Federal Audit Office shall be informed in advance of the audits carried out by the persons referred to in s. 2 on Swiss territory. Such notification is not a legal requirement for the execution of such audits. The Swiss Federal Audit Office or other competent Swiss authorities designated by the Swiss Federal Audit Office may assist during these audits.
1. Under this Agreement, the Commission (OLAF) may conduct investigations, including on-the-spot checks and inspections, on Swiss territory in accordance with the terms and conditions of the Regulation (Euratom, EC) n O 2185/96 of the Council 3 And Regulation (EU, Euratom) n O 883/2013 European Parliament and Council 4 To establish whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union and/or Euratom.
2. On-the-spot checks and inspections shall be prepared and conducted by OLAF in close cooperation with the Swiss Federal Audit Office or with the other competent Swiss authorities designated by the Swiss 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. To this end, 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 OLAF and the latter.
4. When participants in the programmes covered by this Agreement and the activities carried out by Fusion for Energy oppose on-the-spot checks or inspections, the Swiss authorities shall, in accordance with the provisions of the National provisions, the assistance necessary to enable them to carry out their monitoring and verification duties on the spot.
5. OLAF shall, as soon as possible, communicate to the Swiss Federal Audit Office or other competent Swiss authorities designated by the Swiss Federal Audit Office any fact or suspicion relating to an irregularity Knowledge in the conduct of on-site monitoring or audit. In any event, OLAF is obliged to inform the aforementioned authorities of the result of these checks and checks.
For the purposes of the proper implementation of this Annex, the competent authorities of Switzerland and the Union shall regularly exchange information and, at the request of one of them, organise consultations.
2. The competent Swiss authorities shall inform the Commission without delay of any element to their knowledge suggesting irregularities in the conclusion and execution of grant agreements and/or contracts Concluded pursuant to the instruments referred to in this Agreement.
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 the Union's institutions. Such information may not be communicated to persons other than those who, within the institutions of the Union, of the Member States of the Union or of Switzerland, are, by their functions, called upon to know, or be used for, other persons The purpose of ensuring effective protection of the financial interests of the Parties.
Without prejudice to the application of Swiss criminal law, administrative measures and penalties may be imposed by the Commission in accordance with the Regulation (EU, Euratom) n O 966/2012, to the Regulation (EU) n O 1268/2012 and Regulation (EC, Euratom) n O 2988/95 of the Council 5 .
The decisions of the Commission taken under the Horizon 2020 programme or the Euratom programme within the scope of this Agreement, which shall include, for persons other than States, a pecuniary obligation, shall form Enforceable in Switzerland. The executory formula shall be affixed, without any control other than that of the verification of the authenticity of the security, by the authority designated by the Swiss Government which shall inform 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 delivered by this Court pursuant to an arbitration clause contained in a contract or grant agreement under the Horizon 2020 programme or the Euratom programme shall be enforceable under the same conditions as Applicable to the enforcement of decisions of the Commission.
1 Regulation (EU, Euratom) N O 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Regulation (EC, Euratom) n O 1605/2002 of the Council (OJ EU L 298, 26.10.2012, p. 1).
2 Delegated Regulation (EU) n O 1268/2012 of the Commission of 29 October 2012 on the rules for the application of the Regulation (EU, Euratom) n O 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ EU L 362, 31.12.2012, p. 1).
3 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 (OJ EC L 292, 15.11.1996, p. 2).
4 Regulation (EU, Euratom) n O 883/2013 of the European Parliament and of the Council of 11 September 2013 on investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No O 1073/1999 of the European Parliament and of the Council and Regulation (Euratom) No O 1074/1999 of the Council (OJ EU L 248, 18.9.2013, p. 1).
5 Regulation (EC, Euratom) n O 2988/95 of the Council of 18 December 1995 on the protection of the financial interests of the European Communities (OJ EC L 312, 23.12.1995, p. 1).
