Rs 0.362.313 Arrangement Of September 30, 2009 Between The Swiss Confederation And The Principality Of Liechtenstein, On The One Hand, And The European Community, On The Other Hand, On The Modalities Of The Participation Of These States To The Activiti...

Original Language Title: RS 0.362.313 Arrangement du 30 septembre 2009 entre la Confédération suisse et la Principauté de Liechtenstein, d’une part, et la Communauté européenne, d’autre part, sur les modalités de la participation de ces Etats aux activités de l’Agence européenne

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0.362.313 original text Arrangement between the Swiss Confederation and the Principality of Liechtenstein, on the one hand, and the European Community, on the other part, on the modalities of the participation of these States in the activities of the European Agency for the management of operational cooperation at the external borders of the Member States of the European Union concluded in Brussels on 30 September 2009 Instrument of ratification deposited by the Switzerland on November 20, 2009, entered into force for the Switzerland on August 1, 2010 (State January 16, 2012) the Swiss Confederation (hereinafter "the Switzerland") and the Principality of Liechtenstein (hereinafter "the Liechtenstein"), on one hand, and the European Community, on the other hand, saw the agreement signed on 26 October 2004 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 ('the agreement') February 28, 2008 the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the European Union, the community Union and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen (hereinafter "the Protocol") in view of the joint statement European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein concerning the European Agency for the management of operational cooperation at the borders of the Member States of the European Union, attached audit Protocol, given the arrangement between the community Union, the Republic of Iceland and the Kingdom of Norway on the modalities of the participation of these States to the activities of the Agency European for the management of operational border cooperation outside of the Member States of the European Union, whereas: (1) by Regulation (EC) No. 2007/2004 of 26 October 2004 (hereinafter "the rules"), the Community European Council established the European Agency for the management of operational cooperation at the external borders of the Member States of the European Union (hereinafter "the Agency").
(2) the regulation constitutes a development of the Schengen acquis within the meaning of the agreement and the Protocol.
(3) the regulation confirms that the countries associated with the implementation, application and development of the Schengen acquis should participate fully in the activities of the Agency, although with limited voting rights.
(4) the Principality of Liechtenstein has no external borders subject to the application of the Schengen borders code.
(5) the agreement and the Protocol do not cover the terms of the Switzerland and the Liechtenstein association activities of new agencies created by the European Union in the development of the Schengen acquis, and certain aspects of this association in the work of the Agency must be addressed in a complementary arrangement concluded between the parties to the agreement and the Protocol , have agreed to the following provisions: art. 1 Board of Directors 1. The Switzerland and the Liechtenstein are represented on the Board of Directors of the Agency as provided for in art. 21, by. 3, of the regulation.
2. the Switzerland has voting rights: (a) with regard to decisions on specific activities to carry out at its external borders. Proposals to decisions of this nature require a vote in favour of their adoption of the Swiss representative to the Board of Directors; (b) as regards decisions on specific activities under art. 3 (operations joint and projects pilots at the external borders), art. 7 (management of technical equipment), art. 8 (support to Member States faced with a situation requiring operational and technical assistance enhanced external border) and art. 9, by. 1, first sentence (joint return operations), with human resources and/or facilities put at disposal by the Switzerland; (c) with regard to the decisions on the basis of art. 4 on the risk analysis (design of the common and integrated risk analysis, General and specific risk analyses) which directly concern the Switzerland; (d) in regard to decisions relating to the training of art activities. 5, with the exception of decisions on the establishment of the common trunk.

3. the Liechtenstein has voting rights: (a) in what concerns decisions on specific activities under art. 3 (operations joint and projects pilots at the external borders), art. 7 (management of technical equipment), art. 8 (support to Member States faced with a situation requiring operational and technical assistance enhanced external border) and art. 9, by. 1, first sentence (joint return operations), with human resources and/or facilities put at disposal by the Liechtenstein; (b) with regard to the decisions on the basis of art. 4 on the risk analysis (design of the common and integrated risk analysis, General and specific risk analyses) which directly concern the Liechtenstein; (c) in regard to decisions relating to the training of art activities. 5, with the exception of decisions on the establishment of the common trunk.

Art. 2 financial contribution the Switzerland contributes to the budget of the Agency to the tune of the percentage referred to in art. 11, by. 3, of the agreement.
The Liechtenstein contributes to the budget of the Agency in accordance with art. 3 of the Protocol, which refers to the contribution described in art. 11, by. 3, of the agreement.

Art. 3 protection and confidentiality of data 1. The directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with respect to the processing of data personal data and the free movement of such data shall apply to the personal data provided by the Agency to the Swiss and Liechtenstein authorities.
2. Regulation (EC) n 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of natural persons with respect to the processing of data personal by the Community institutions and bodies and on the free movement of such data applies to the personal data transmitted to the Agency by the Swiss authorities and Liechtenstein.
3. the Switzerland and the Liechtenstein respect the rules on the confidentiality of documents held by the Agency as they appear in the rules of procedure of the Board of Directors.

OJ L 281 of 23.11.1995, p. 31.
OJ L 8 of 12.1.2001, p. 1.

Art. 4 legal status the Agency has legal personality under Swiss law and Liechtenstein and enjoys, in Switzerland and Liechtenstein, of the broadest legal capacity granted to legal persons by the Liechtenstein and Swiss legislation. Especially, it may acquire or dispose of movable and immovable property and institute legal proceedings.

Art. 5 liability the liability of the Agency is governed by the provisions of art. 19, by. 1, 3 and 5 of the regulations.

Art. 6 Court of justice 1. The Switzerland and the Liechtenstein recognize the jurisdiction of the Court of justice of the European Communities against the Agency, in accordance with art. 19, by. 2 and 4, of the regulation.
2. liability disputes are resolved in accordance with art. 10, by. 4, of the regulation as amended by Regulation (EC) n 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of rapid border intervention teams and amending regulations (EC) No. 2007/2004 of the Council for which relates to this mechanism and defining the tasks and powers of guest officers.

OJ L 199 of 31.7.2007, p. 30.

Art. 7 privileges and immunities 1. The Switzerland and the Liechtenstein apply to the Agency and to its staff the Protocol on the privileges and immunities of the European communities, which is annexed to this agreement.
2. the annex to this agreement, including in what concerns the Switzerland Appendix modalities of application of the Protocol on the privileges and immunities, is an integral part of this agreement.

Art. 8 staff 1. The Switzerland and the Liechtenstein apply the rules relating to the staff of the Agency, adopted in accordance with the Protocol on the privileges and immunities of the European communities.
2. by derogation from art. 12, by. 2, point (a) of the regime applicable to other servants of the European communities, nationals Swiss and Liechtenstein enjoying their civil rights may be engaged under contract by the Executive Director of the Agency.
3. the Swiss and Liechtenstein nationals cannot, however, be appointed to the positions of Executive Director or Deputy Executive Director of the Agency.
4. the Swiss and Liechtenstein nationals cannot be elected president or vice-president of the Board of Directors.

Art. 9 entry into force 1. The Secretary general of the Council of the European Union is the depositary of this agreement.

2. the European Community, the Switzerland and the Liechtenstein approve this agreement in accordance with the procedures which are their own.
3. the entry into force of this agreement is subject to approval by the European Community and at least another party to this agreement.
4. the present agreement comes into force with respect to each of the parties the first day of the first month following the deposit of its instrument of approval with the depositary.
5. with regard to the Liechtenstein, this Arrangement shall apply from the date of entry into force of the provisions referred to in art. 2 of the Protocol, in accordance with art. 10 of the Protocol.

Art. 10. validity and dissolution 1. This agreement is concluded for an unlimited period.
2 this agreement ceases to be in force six months after the agreement has been denounced by the Switzerland or by decision of the Council of the European Union, or is dissolved in accordance with the procedures referred to in art again. 7, by. 4, art. 10 or art. 17 of the agreement.
3. the present agreement ceases to be in force six months after the Protocol has been denounced by the Liechtenstein or by decision of the Council of the European Union, or is dissolved in accordance with the procedure referred to in art again. 3, art. 5, by. 4, and art. 11, by. 1 or 3, of the Protocol.
This agreement as well as the joint declarations attached are established in a single original in the languages German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, each of these texts authentic also.
Done at Brussels, 30 September 2009.

Protocol on the privileges and immunities of the European communities chapter I property, funds, assets and operations of communities European art. 1. the premises and buildings of the communities shall be inviolable. They cannot be subject to search, requisition, confiscation or expropriation. The property and assets of the communities cannot be the subject of any administrative measure or judiciary without a permission of the Court of justice.

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

Art. 3. the communities, their assets, income and other property are exempt from all direct taxes. The Governments of the Member States, whenever possible, appropriate measures with a view to delivery or the refund of the excise or a sales tax in the price of real estate or movable property, when communities make, for their official use, purchases the price of which includes rights and taxes of this nature. However, the application of these provisions should not have the effect of distorting competition within the communities.
No exemption is granted regarding taxes, the taxes and fees which are just simple compensation of General utility services.

Art. 4. the communities are exempt from all customs, duty prohibition and restriction of import and export of articles intended for their official use; Thus imported items will not be transferred for consideration or free on the territory of the country in which they have been introduced, except under conditions approved by the Government of that country.
They are also exempt from all tariff and any prohibition and restriction of import and export for their publications.

Art. 5 chapter II Communications and pass the European coal and Steel Community may hold currency any and have accounts in any currency.
Chapter II Communications and passes art. 6. for their official communications and the transmission of all their documents, the institutions communities enjoy in the territory of each Member State the treatment accorded by that State to diplomatic missions.
Official correspondence and other official communications of the institutions of the communities may be censored.

Art. 7 Chapter III members of the European Parliament 1. Passes whose form is adopted by the Council and which are recognized as valid traffic titles by the authorities of the Member States may be issued to members and officers of the institutions of the communities by the presidents of these. These passes are issued to officials and other servants under conditions laid down by the staff regulations of officials and other servants of the communities plan. The Commission may enter into agreements to recognize these pass as valid securities circulation on the territory of third States.
2. However, the provisions of art. 6 of the Protocol on the privileges and immunities of the European coal and Steel Community, remain applicable to members and officers of the institutions which, at the entry into force of the present Treaty, are in possession of the planned audit article pass and this until the application of the provisions of the by. 1 of the present article.
Chapter III members of the Parliament European art. 8. no administrative or other restrictions are made on the free movement of members of the European Parliament travelling instead of meeting of the European Parliament or on the way back.
The members of the European Parliament are granted customs and control Exchange: a) by their own Government, the same facilities as those accorded to senior officials travelling abroad on official temporary duty, b) by the Governments of the other Member States, the same facilities as those accorded to representatives of Governments on temporary official missions.

Art. 9. the members of the European Parliament cannot be searched, detained or prosecuted because of the opinions or votes cast by them in the exercise of their functions.

Art. 10 chapter IV representatives of Member States participating in the work of the institutions of the European communities for the duration of the sessions of the European Parliament, its members shall enjoy: a) on their national territory, the immunities accorded to members of Parliament of their country, b) in the territory of any other Member State, immunity from any measure of detention and from legal proceedings.

Immunity also covers them when they go instead of meeting of the European Parliament or return.
Immunity may not be invoked in the case of flagrante delicto and may either obstruct the right of the European Parliament to lift the immunity of one of its members.
Chapter IV representatives of Member States participating in the work of the institutions of the communities European art. 11 Chapter V officials and servants of the communities European representatives of Member States participating in the work of the institutions of the communities as well as their advisers and technical experts have, while exercising their functions and during their journey to and from the place of the meeting, the privileges, immunities or facilities to use.
This article also applies to the members of the advisory bodies of the communities.
Chapter V officials and servants of the communities European art. 12 on the territory of each of the Member States, officials and other servants of the communities, whatever their nationality: has) enjoy immunity from jurisdiction for acts performed by them, including their words, and written, in their official capacity, subject to the provisions of the treaties relating, on the one hand, to the rules of responsibility of officials and agents to the communities and on the other hand, to the jurisdiction of the Court to adjudicate disputes between the communities and their officials and other servants. They will continue to enjoy this immunity after the cessation of their duties; b) are not subject, no more than their spouses and members of their family living in their charge to the provisions limiting immigration and registration of foreigners; c) have, with regard to monetary regulations or exchange facilities recognized by officials of international organizations use; d) enjoy the right to import duty-free their furniture and effects at the time of their first taking up their post in the country concerned and of the right, to the termination of their duties in that country, to re-export duty-free their furniture and effects, subject, in the other case, conditions considered to be necessary by the Government of the country where the right is exercised; e) enjoy the right to import duty-free their car for their personal use, acquired in the country of their last residence or in the country of which they are nationals to the conditions of the internal market of it and re-export in free of duty, subject in either case conditions considered necessary by the Government of the country concerned.

Art. 13. under the conditions and according to the procedure fixed by the Council acting on a proposal from the Commission, officials and other servants of the communities are subject to profit to a tax on the salaries, wages and emoluments paid by them.
They are exempt from national taxes on salaries, wages and emoluments paid by the communities.


Art. 14 for the purposes of taxes on income and on capital, inheritance rights and conventions to avoid double taxation concluded between Member States of the communities, officials and other servants of the communities who, by reason only of the exercise of their duties in the service of the communities, establish their residence in the territory of one member country other than the country of tax residence they own at the time of their entry into the service of the communities are considered, both in the country of their residence in the country of tax residence, as having kept their home in this country if it is a member of the communities. This provision also applies to the spouse, insofar as it does not own professional activity, as well as the dependent children and the custody of the persons referred to in this article.
The personal property belonging to persons referred to in the previous and located on the territory of the receiving State are exempt from the estate tax in this State. For the establishment of this tax, they are considered as being in the State of tax residence, subject to the rights of third States and the possible application of the provisions of international conventions on double taxation.
Homes acquired by reason only of the performance of duties in the service of other international organizations are not factored into the application of the provisions of this article.

Art. 15. the Council, acting unanimously on a proposal from the Commission, fix the system of social benefits applicable to officials and other servants of the communities.

Art. 16 chapter VI Privileges and immunities of missions of third countries accredited to of the European communities, the Council, acting on a proposal from the Commission and after consulting the other institutions concerned, determine the categories of officials and other servants of communities to which apply, in whole or in part, the provisions of art. 12, art. 13, second paragraph, and art. 14. the name, capacity and address of officials and other servants included in these categories are communicated periodically to the Governments of the Member States.
Chapter VI Privileges and immunities of missions of third countries accredited to the communities European art. 17 Chapter VII General provisions the Member State on whose territory is located the headquarters of communities grants to missions of third countries accredited to the communities the immunities and diplomatic privileges of use.
Chapter VII provisions general art. 18. the privileges, immunities and facilities are granted to officials and other servants of the communities solely in the interest of the latter.
Each institution of the communities shall waive the immunity granted to an officer or another officer in any case where it considers that the waiver of this immunity is not contrary to the interests of the communities.

Art. 19 for the purposes of the application of this Protocol, the Community institutions act in concert with the responsible authorities of the Member States concerned.

Art. 20. the art. 12 to 15 inclusive, and art. 18 are applicable to the members of the Commission.

Art. 21. the art. 12 to 15 and art. 18 shall apply to the judges, the advocates-general, the Registrar and the assistant rapporteurs of the Court, as well as to members and to the clerk of the Court of first instance, without prejudice to the provisions of art. 3 of the Protocol on the Statute of the Court of justice relating to immunity from jurisdiction of judges and advocates-general.

Art. 22. the present Protocol shall apply also to the European Investment Bank, to the members of its organs, to its staff and to the representatives of the Member States participating in its work, without prejudice to the provisions of the Protocol on the statutes of the.
The European Central Bank is, in addition, be exempt from all fiscal and parafiscal tax on the occasion of his capital increases as well as various formalities that these operations may include in the State of the seat. Similarly, its dissolution and liquidation result no perception. Finally, the activity of the Bank and of its organs, in the statutory conditions, does not give rise to the application of sales taxes.

Art. 23 this Protocol applies also to the European Central Bank, to the members of its organs and to its staff, without prejudice to the provisions of the Protocol on the Statute of the European system of central banks and of the European Central Bank.
The European Central Bank will, in addition, be exempt of any fiscal and parafiscal tax on the occasion of his capital increases as well as various formalities that these operations may include in the State of the seat. The activity of the Bank and of its organs, in accordance with the statutes of the European system of central banks and of the European Central Bank, does not give rise to the application of sales taxes.
The provisions above apply also to the European Monetary Institute. Its dissolution and liquidation will result no perception.

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

2. exemption of excise (including VAT) for the Agency goods and services exported from Switzerland are not subject to Swiss value added (tax VAT) tax. Regarding the goods and services provided to the Agency 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 Swiss francs at least (including tax).
The VAT refund is granted on presentation to the Federal Tax Administration, main Division VAT, Swiss forms provided for this purpose. Applications are processed, in principle, within a period of three months from the filing of the refund request accompanied by the necessary supporting documents.

3. modalities of application of the rules relating to the staff of the Agency with regard to art. 13, al. 2, of the Protocol, the Switzerland-free, according to the principles of its national law, officials and other agents of the agency within the meaning of art. 2 of Regulation (Euratom, ECSC, EEC) No 549/69 of 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 to be a member within the meaning of point 1 of this appendix for the purposes of art. 14 of the Protocol.
The officials and other agents of the Agency, as well as their family members who are affiliated to the social insurance system applicable to officials and other servants of the 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 agency or the Commission and its staff with respect to the application of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council (OJ L 56 of the 4.3.1968, p. 1) and the other provisions of Community law laying down working conditions.

Joint Declaration of the European Community and the Government of the Swiss Confederation and the Principality of Liechtenstein concerning the arrangement on the modalities of the participation of the Swiss Confederation and the Principality of Liechtenstein to the activities of the European Agency for the management of operational cooperation at the external borders of the Member States of the European Union, the European Community the Government of the Swiss Confederation and the Government of the Principality of Liechtenstein, having entered into an arrangement on the modalities of the participation of the Swiss Confederation and the Principality of Liechtenstein to the activities of the European Agency for the management of operational cooperation at the external borders of the Member States of the European Union in accordance with art. 21, by. 3, of Regulation (EC) No. 2007/2004 Council, jointly make the following statement: the voting rights provided for in the arrangement are justified by the particular links with the Switzerland and the Liechtenstein resulting from the combination of these States to the implementation, application and development of the Schengen acquis.
Such rights to vote are exceptional due to the specific nature of the 'Schengen' cooperation and the special position of the Switzerland and the Liechtenstein.

They cannot therefore be regarded as a legal precedent or policy for any other area of cooperation between the parties to such agreement or participation of other third States in the activities of other agencies of the Union.
Such rights to vote cannot under any circumstances be exercised regarding decisions of regulatory or legislative nature.

Joint Declaration of the parties on the application of the provisions relating to civil liability if a rapid border intervention team is deployed as part of the European Agency for the management of operational cooperation at the external borders of the Member States of the European Union, art. 10, by. 4, of Regulation (EC) n 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of rapid border intervention teams and amending regulations (EC) No. 2007/2004 of the Council for which relates to this mechanism and defining the tasks and powers of guest officers, applies civil liability.

Scope on 16 January 2012 States parties Ratification entry into force Liechtenstein 15 December 2011 January 1, 2012 Switzerland November 20, 2009 August 1, 2010 European Union July 29, 2010 August 1, 2010 RO 2010 3589, 2012 529.

Status as of January 16, 2012

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