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RS 0.142.392.681 Agreement of 10 June 2014 between the Swiss Confederation and the European Union on the modalities of its participation in the European Asylum Support Office (with annexes)

Original Language Title: RS 0.142.392.681 Arrangement du 10 juin 2014 entre la Confédération suisse et l’Union européenne sur les modalités de sa participation au Bureau européen d’appui en matière d’asile (avec annexes)

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0.142.392.681

Original text

Agreement between the Swiss Confederation and the European Union on the modalities of its participation in the European Asylum Support Office

Conclu on 10 June 2014

Approved by the Federal Assembly on 20 March 2015 1

Entered into force by exchange of notes on 1 Er March 2016

(State 1 Er March 2016)

The Swiss Confederation,

Hereinafter referred to as " Switzerland,

On one hand,

And

The European Union,

Hereinafter referred to as the 'EU',

On the other hand,

See art. 49, para. 1 of the Regulation (EU) n O 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office 2 , hereinafter referred to as "the Regulation",

Whereas:

(1) The Regulation provides that, in order to carry out its mission, the European Asylum Support Office, hereinafter referred to as the "Support Office", should be open to the participation of the countries which have concluded agreements with the EU under which they have Adopted and apply EU law in the field governed by the Regulation, in particular Iceland, Liechtenstein, Norway and Switzerland, hereinafter referred to as 'Associated Countries'.

(2) Switzerland has concluded agreements with the EU under which it has adopted and applies EU law in the field covered by the Regulation, in particular the agreement between the Swiss Confederation and the European Community on criteria and Mechanisms for determining the state responsible for examining an application for asylum lodged in a Member State or in Switzerland 3 ,

Agreed to the following:

Art. 1 Extent of participation

Switzerland shall participate fully in the work of the Support Office and may benefit from support actions of the Support Office as described in the Regulation and in accordance with the conditions provided for in this Agreement.

Art. 2 Board of Directors

Switzerland shall be represented on the Board of Directors of the Support Office as an observer without the right to vote.

Art. 3 Financial Contribution

Switzerland shall contribute to the revenue of the Competition Bureau from an annual sum calculated on the basis of its gross domestic product (GDP) as a percentage of the GDP of all participating States in accordance with the formula set out in Annex I.

2. The financial contribution referred to in s. 1 is due from the day following that of the entry into force of this Agreement. The first financial contribution shall be reduced in proportion to the time remaining between the date of entry into force of this Arrangement and the end of the year.

Art. 4 Data Protection

Switzerland applies its national legislation concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data 1 .

2. For the purposes of this Agreement, Regulation (EC) No O No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data Data 2 Applies to the processing of personal data by the Support Office.

Switzerland shall comply with the rules on the confidentiality of documents held by the Office of Support as set out in the rules of procedure of the Board of Directors.


1 Commission decision of 26 July 2000 on the finding, in accordance with Directive 95 /46/EC of the European Parliament and of the Council, of the adequacy of the protection of personal data in Switzerland (OJ L 215, 25.8.2000, p. 1).
2 OJ L 8, 12.1.2001, p. 1.

Art. 5 Legal status

The Support Office has legal personality in Swiss law and enjoys the widest legal capacity in Switzerland granted to legal persons under Swiss law. In particular, it may acquire or dispose of movable and immovable property and may be a party to legal proceedings.

Art. 6 Liability

The responsibility of the Support Office is governed by s. 45, para. 1, 3 and 5 of the Regulation.

Art. 7 Court of Justice of the European Union

Switzerland acknowledges the competence of the Court of Justice of the European Union in respect of the Support Office, in accordance with Art. 45, para. 2 and 4 of the Regulation.

Art. 8 Support Office staff

1. In accordance with Art. 38, para. 1, and art. 49, para. 1, of the Regulation, the Staff Regulations of officials of the European Union and the regime applicable to other servants of the European Union, the rules adopted jointly by the institutions of the European Union for the purposes of the application of that Statute and of the said regime, and The implementation arrangements adopted by the Support Office in accordance with Art. 38, para. 2 of the Regulation apply to Swiss nationals recruited as staff members by the Support Office.

2. Notwithstanding s. 12, para. 2, point (a), and art. 82, para. 3 (a) of the regime applicable to other servants of the European Union, Swiss nationals enjoying full civil rights may be contracted by the Executive Director of the Support Office in accordance with the rules Strength in the selection and commitment of staff adopted by the Support Office.

3. Art. 38, para. 4, of the Regulations Mutatis mutandis To Swiss nationals.

4. However, Swiss nationals may not be appointed to the post of Executive Director of the Support Office.

Art. Privileges and immunities

Switzerland shall apply to the Support Office and its staff the Protocol on the Privileges and Immunities of the European Union, which is set out in Annex II to this Agreement, as well as the rules adopted in accordance with the Protocol on Questions Concerning the staff of the Support Office.

2. The procedures for the application of the Protocol on the privileges and immunities of the European Union are set out in the Appendix to Annex II.

Art. 10 Fight against fraud

The provisions concerning art. 44 of the Regulation on financial control exercised by the EU in Switzerland in respect of participants in the activities of the Support Office are set out in Annex III.

Art. 11 Committee

1. A Committee, composed of representatives of the European Commission and of Switzerland, shall monitor the proper implementation of this Agreement and shall ensure the continuity of the provision of information and the exchange of views in this respect. For practical reasons, the Committee shall meet together with the corresponding committees established with the other Associated Countries participating on the basis of Art. 49, para. 1, of the Regulation. It meets at the request of either Switzerland or the European Commission. The Governing Council of the Support Office shall be informed of the work of the Committee.

2. The Committee shall exchange information and views on EU legislation in anticipation which either directly affects or modifies the Regulation, or is likely to have an impact on the financial contribution defined in Art. 3 of this Agreement.

Art. 12 Annexes

The Annexes to this Agreement shall form an integral part of the Agreement.

Art. 13 Entry into force

(1) Contracting Parties shall approve this Agreement in accordance with their own internal procedures. They shall notify each other of the completion of these procedures.

(2) This Agreement shall enter into force on the first day of the first month following the date of the last notification referred to in par. 1.

Art. 14 Denunciation and validity

(1) This Agreement is concluded for an unlimited period.

(2) Each Contracting Party may, after conducting consultations within the Committee, denounce this Agreement by notification to the other Contracting Party. This Agreement shall cease to be applicable six months after the date of such notification.

(3) This Agreement shall terminate in the event of the termination of the Agreement of 26 October 2004 between the Swiss Confederation and the European Community on the criteria and mechanisms for determining the State responsible for examining an application for asylum Presented in a Member State or in Switzerland.

(4) This Agreement shall be drawn up in duplicate in the German, French, Italian, English, Bulgarian, Croatian, Danish, Spanish, Estonian, Finnish, Greek, Hungarian, Latvian, Lithuanian, Maltese, Polish, Lithuanian and Spanish languages. Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, all texts being equally authentic.

Done at Brussels on the 10th of June, two thousand and fourteen.

For the Swiss Confederation:

Roberto Balzaretti

For the European Union:

Théodoros N. Sotiropoulos

Annex I

Applicable Formula for Calculation of Contribution

The financial contribution of Switzerland to the income of the Support Office as defined in Art. 33, para. 3 (d) of the Regulation shall be calculated as follows:

Switzerland's gross domestic product (GDP), based on the latest final figures available as at 31 March of each year, is divided by the sum of the GDP of all the participating States in the Support Office, established according to the figures Available for the same year. The percentage obtained is applied to the authorized income portion of the Support Office, as defined in s. 33, para. 3 (a) of the Regulation, of the year considered in order to obtain the amount of the financial contribution of Switzerland.

The financial contribution shall be paid in euros.

Switzerland shall pay its financial contribution no later than 45 days after receiving the debit note. Any delay in the payment shall give rise to the payment by Switzerland of interest on the amount remaining due on the due date. The interest rate corresponds to the rate applied by the European Central Bank to its main refinancing operations on the first day of the month of the due date, as published in the Official Journal of the European Union, series C, plus 3.5 percentage points.

The financial contribution of Switzerland shall be adapted in accordance with this Annex where the financial contribution of the EU entered in the general budget of the European Union as defined in Art. 33, para. 3 (a) of the Regulation is increased pursuant to Art. Regulation (EU, Euratom) No 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) No O 1605/2002 of the Council 1 In this case, the difference is due 45 days after receipt of the debit note.

5. In the case of payment appropriations from the Support Office, received from the EU in accordance with Art. 33, para. 3, point (a) of the Regulation, relating to year N shall not be spent no later than 31 December of year N, or if the budget of the Support Office for the year N has been reduced in accordance with Art. 26, 27 or 41 of the Regulation (EU, Euratom) n O 966/2012, the part of the unspent or reduced payment appropriations corresponding to the percentage of the Swiss contribution is deferred to the budget of the Support Office for the year N + 1. Switzerland's contribution to the budget of the Support Office for the year N + 1 will be reduced accordingly.


1 OJ L 298, 26.10.2012, p. 1.


State 1 Er March 2016

Annex II

Protocol (n O 7) on the privileges and immunities of the European Union

Chapter I Goods, funds, assets and operations of the European Union

Art. 1

The premises and buildings of the Union shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation. The assets and assets of the Union shall not be subject to any administrative or judicial constraint without the authorisation of the Court of Justice.

Art. 2

The archives of the Union shall be inviolable.

Art. 3

The Union, its assets, income and other property are exempt from all direct taxes.

The governments of the Member States shall, wherever possible, take the appropriate provisions for the remission or refund of the amount of indirect duties and sales taxes in the prices of immovable property or When the Union makes for their official use important purchases for which the price includes duties and taxes of that nature. However, the application of these provisions must not have the effect of distorting competition within the Union.

No exemption is granted in respect of taxes and duties which constitute mere remuneration for services of general utility.

Art. 4

The Union shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for their official use; the articles so imported shall not be ceded for consideration or free in the territory Of the country in which they have been introduced, unless it is under conditions approved by the Government of that country.

It shall also be exempt from any customs duties and any prohibition and restriction of import and export in respect of their publications.

Chapter II Communications and laissez-passer

Art. 5 (former art. 6)

For their official communications and the transfer of all their documents, the institutions of the Union shall enjoy in the territory of each Member State the treatment accorded by that State to diplomatic missions.

Official correspondence and other official communications of the Union's institutions cannot be censored.

Art. 6 (former art. 7)

Passes whose form is adopted by the Council, acting by a simple majority, and which are recognised as valid circulation titles by the authorities of the Member States, may be issued to members and agents of the institutions of The Union by the Presidents thereof. Such passes shall be issued to officials and other servants under the conditions laid down by the Staff Regulations of Officials and the Conditions of Other Servants of the Union.

The Commission may enter into agreements with a view to the recognition of such passes as valid titles of movement within the territory of third States.

Chapter III Members of the European Parliament

Art. 7 (former art. 8)

There shall be no administrative or other restriction on the free movement of Members of the European Parliament to or from the place of meeting of the European Parliament.

Members of the European Parliament shall be granted customs and foreign exchange control:

(a)
By their own government, the same facilities as those accorded to senior officials travelling abroad on a temporary official mission,
(b)
By the governments of the other Member States, the same facilities as those accorded to representatives of foreign governments on temporary official mission.
Art. 8 (former art. 9)

Members of the European Parliament may not be sought, detained or prosecuted because of the opinions or votes cast by them in the performance of their duties.

Art. (former art. 10)

During the sessions of the European Parliament, the members of the European Parliament shall be entitled to:

(a)
On their national territory, of the immunities accorded to members of the parliament of their country,
(b)
In the territory of any other Member State, the exemption from any detention measures and any legal proceedings.

Immunity also covers them when they travel to or from the place of meeting of the European Parliament.

Immunity cannot be invoked in the case of flagrante delicto, nor can it preclude the right of the European Parliament to waive the immunity of one of its members.

Chapter IV Representatives of the Member States participating in the work of the institutions of the European Union

Art. 10 (former art. 11)

The representatives of the Member States participating in the work of the institutions of the Union, as well as their advisers and technical experts, shall enjoy, during the performance of their duties and during their journeys to or from the place Of the meeting, privileges, immunities or facilities of use.

This Article shall also apply to members of the advisory bodies of the Union.

Chapter V Officials and servants of the European Union

Art. 11 (former art. 12)

In the territory of each Member State and whatever their nationality, officials and other servants of the Union shall:

(a)
Enjoy immunity from jurisdiction in respect of acts performed by them, including their words and writings, in their official capacity, subject to the application of the provisions of the Treaties relating, on the one hand, to the rules of liability of the Officials and servants to the Union and, on the other hand, to the jurisdiction of the Court of Justice of the European Union to rule on disputes between the Union and its officials and other servants. They shall continue to enjoy such immunity after the termination of their duties,
(b)
Are not subject to the provisions restricting immigration and the registration formalities of foreigners, nor are their spouses and family members dependent on them;
(c)
Enjoy, as far as monetary or exchange rate regulations are concerned, facilities recognized by the use of officials of international organizations,
(d)
Have the right to import duty free of their furniture and effects on the occasion of their first taking of duties in the country concerned, and the right, upon termination of their duties in that country, to re-export duty free of their furniture and Their effects, subject, in either case, to conditions deemed necessary by the government of the country in which the right is exercised,
(e)
Enjoy the right to import duty free for their personal use acquired in the country of their last residence or in the country of which they are nationals under the conditions of the internal market of the latter and to re-export it to Without prejudice, subject to any conditions deemed necessary by the Government of the country concerned.
Art. 12 (former art. 13)

Under the conditions and in accordance with the procedure laid down by the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consulting the institutions concerned, officials and others Agents of the Union shall be subject to a tax on salaries, wages and emoluments paid by it to the Union.

They shall be exempt from national taxes on salaries, wages and emoluments paid by the Union.

Art. 13 (former art. 14)

For the purposes of the application of taxes on income and on capital, inheritance rights and conventions for the avoidance of double taxation between the Member States of the Union, officials and other servants of the Union which, in Solely on the basis of the exercise of their duties in the service of the Union, establish their residence in the territory of a Member State other than the country of the tax domicile which they possess at the time of entry into the service of the Union shall be considered, Both in the country of their residence and in the country of the tax home, as having retained their Residence in the latter country if the latter is a member of the Union. This provision shall also apply to the spouse in so far as the spouse does not carry out his or her own professional activity and the dependent children and the care of the persons referred to in this Article.

Personal property belonging to the persons referred to in the preceding paragraph and situated in the territory of the State of residence shall be exempt from the inheritance tax in that State; for the purpose of establishing such tax, they shall be deemed to be In the State of the tax domicile, subject to the rights of third States and the possible application of the provisions of the international conventions relating to double taxation.

Home acquired due solely to the performance of duties in the service of other international organizations shall not be taken into account in the application of the provisions of this Article.

Art. 14 (former art. 15)

The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consulting the institutions concerned, shall lay down the system of social benefits applicable to civil servants and others Agents of the Union.

Art. 15 (former art. 16)

The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consulting the other interested institutions, shall determine the categories of officials and other servants of the Union In whole or in part, the provisions of s. 11, 12, para. 2, and 13.

The names, qualities and addresses of officials and other servants included in these categories shall be communicated periodically to the governments of the Member States.

Chapter VI Privileges and immunities of the missions of third States accredited to the European Union

Art. 16 (former art. 17)

The Member State in whose territory the seat of the Union is situated shall accord to the missions of third States accredited to the Union the diplomatic immunities and privileges of use.

Chapter VII General provisions

Art. 17 (former art. 18)

Privileges, immunities and facilities shall be accorded to officials and other servants of the Union exclusively in the interests of the Union.

Each institution of the Union shall waive the immunity granted to an official or other agent in all cases in which it considers that the waiver of such immunity is not contrary to the interests of the Union.

Art. 18 (former art. 19)

For the purposes of this Protocol, the institutions of the Union shall act in concert with the responsible authorities of the Member States concerned.

Art. 19 (former art. 20)

Art. 11 to 14 inclusive and 17 are applicable to the President of the European Council.

They are also applicable to the members of the Commission.

Art. (former art. 21)

Art. 11 to 14 and art. 17 are applicable to judges, Advocates-General, Clerks and Assistant Rapporteurs of the Court of Justice of the European Union, without prejudice to the provisions of Art. 3 of the Protocol on the Statute of the Court of Justice of the European Union relating to immunity from jurisdiction of judges and Advocates-General.

Art. (former art. 22)

This Protocol shall also apply to the European Investment Bank, its members, its staff and the representatives of the Member States participating in its work, without prejudice to the provisions of the Protocol on Status of the report.

The European Investment Bank shall, in addition, be exempt from taxation and parafiscal taxation on the occasion of increases in its capital and various formalities which such operations may involve in the State of the seat. Similarly, its dissolution and liquidation do not result in any perception. Finally, the activity of the Bank and its bodies, under the statutory conditions, does not give rise to the application of turnover taxes.

Art. (former art. 23)

This Protocol shall also apply to the European Central Bank, its members and its staff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and of the Central Bank European.

In addition, the European Central Bank will be exempt from taxation and parafiscal taxation on the occasion of increases in its capital as well as various formalities which such operations may involve in the State of the seat. The activity of the Bank and its bodies, exercising under the conditions laid down in the Statute of the European System of Central Banks and of the European Central Bank, does not give rise to the application of turnover taxes.


Appendix to Annex II

Implementing rules in Switzerland of the Protocol on the privileges and immunities of the European Union

1. Extension of application to Switzerland

Any reference made to the Member States in the Protocol on the Privileges and Immunities of the European Union (hereinafter referred to as "the Protocol") shall be understood as including Switzerland, unless the following provisions agree Otherwise.

2. Exemption from indirect taxes (including VAT) for the Support Office

Goods and services exported outside Switzerland are not subject to the Swiss Value Added Tax (VAT). As regards the goods and services provided to the Office of Support in Switzerland for its official use, the exemption from VAT is effected, in accordance with Art. 3, para. 2, of the Protocol, by means of reimbursement. The exemption from VAT shall be granted if the actual purchase price of the goods and services mentioned in the invoice or equivalent document amounts to a total of at least 100 Swiss francs (tax included).

The refund of VAT is granted on presentation to the Swiss Federal Administration of Contributions, the main division of VAT, of the Swiss forms provided for that purpose. Applications shall be processed, in principle, within three months of the filing of the refund application together with the necessary supporting documents.

Modalities for the implementation of the staff rules of the Support Office

With regard to art. 12, para. 2, of the Protocol, Switzerland exempts, in accordance with the principles of its domestic law, officials and other servants of the Office of Support within the meaning of Art. 2 of the Regulation (Euratom, ECSC, EEC) O 549/69 of the Council of 25 March 1969 determining the categories of officials and servants of the European Communities to which the provisions of Art. 12, art. 13, para. 2, and art. 14 of the Protocol on the privileges and immunities of the Communities 1 , federal, cantonal and communal taxes on salaries, wages and emoluments paid by the EU for the benefit of the EU to an internal tax.

Switzerland shall not be regarded as a Member State within the meaning of paragraph 1 for the application of Art. 13 of the protocol.

Officials and other servants of the Support Office, as well as members of their families who are affiliated with the social insurance system applicable to officials and other EU officials, are not necessarily subject to the Swiss system Social insurance.

The Court of Justice of the European Union shall have exclusive competence for all matters concerning relations between the Support Office or the European Commission and its staff in relation to the application of the Staff Regulations of Officials of The European Union and the regime applicable to other servants of the European Union and other provisions of EU law laying down working conditions.


1 OJ L 74, 27.3.1969, p. 1, as last amended by Regulation (EC) No O 371/2009 of the Council (OJ L 121, 15.5.2009, p. 1).


State 1 Er March 2016

Annex III

Financial control of Swiss participants in support office activities

Art. 1 Direct communication

The Support Office and the European Commission shall communicate directly with all persons or entities established in Switzerland who participate in the activities of the Support Office, as a contractor, of participating in a programme of the Support Office, of Person who has received a payment made from the budget of the Support Office or the EU, or subcontractor. Such persons may transmit directly to the European Commission and to the Office of Support all relevant information and documentation which they are required to submit on the basis of the instruments covered by this Agreement and Contracts or agreements concluded and decisions taken within the framework of those contracts or agreements.

Art. 2 Audits

1. In accordance with 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 1 To Regulation (EC, Euratom) n O 2343/2002 of the Commission of 23 December 2002 on the framework financial regulation of the bodies referred to in Art. 185 of the Regulation (EC, Euratom) n O Council Regulation 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities 2 As well as to other instruments referred to in this Agreement, contracts or agreements concluded and decisions made with beneficiaries established in Switzerland may provide for scientific, financial, technological or To be carried out at any time in the premises of the beneficiaries and their subcontractors by agents of the Support Office and the European Commission or by other persons authorised by the Support Office and the European Commission.

2. Officers of the Support Office and the European Commission, as well as other persons mandated by the Support Office and the European Commission, have appropriate access to the sites, works and documents, as well as to all information Necessary, including in electronic format, to carry out these audits. This right of access is expressly included in contracts or agreements concluded pursuant to the instruments referred to in this Agreement.

3. The European Court of Auditors has the same rights as the European Commission.

(4) Audits may take place up to five years after the expiration of this Agreement or in accordance with the terms provided for in the contracts or agreements concluded and the decisions taken.

5. The Swiss Federal Audit Office shall be informed in advance of the audits carried out on Swiss territory. This information is not a legal requirement for carrying out these audits.


1 OJ L 298, 26.10.2012, p. 1.
2 OJ L 357, 31.12.2002, p. 72, as last amended by Regulation (EC, Euratom) n O 652/2008 of the Commission (OJ L 181, 10.7.2008, p. 23).

Art. 3 On-Site Controls

Within the framework of this Agreement, the European Commission (OLAF) is authorised to carry out on-the-spot checks and verifications on the territory of Switzerland in accordance with the terms and conditions of the Regulation (Euratom, EC) n O 2185/96 of the Council of 11 November 1996 on on-the-spot checks and checks carried out by the Commission for the protection of the financial interests of the European Communities against fraud and other irregularities 1 .

2. On-the-spot checks and verifications shall be prepared and conducted by the European Commission in close cooperation with the Swiss Federal Audit Office or other competent Swiss authorities designated by the Federal Audit Office. Finances, which are informed in good time of the object, purpose and legal basis of checks and verifications, so that all necessary assistance can be provided. To this end, the officers of the competent Swiss authorities may participate in on-the-spot checks and inspections.

3. If the relevant Swiss authorities so wish, on-the-spot checks and verifications shall be carried out jointly by the European Commission and the latter.

4. When the participants in the programme object to on-the-spot checks or inspections, the Swiss authorities shall, in accordance with national provisions, provide the controllers of the European Commission with the assistance necessary for their To enable them to carry out their monitoring and verification duties on the spot.

5. The European Commission shall, as soon as possible, communicate to the Swiss Federal Audit Office any fact or suspicion relating to an irregularity which it has been aware of in connection with the execution of the control or verification on the Place. In any event, the European Commission is required to inform the aforementioned authority of the outcome of these checks and checks.


1 OJ L 292, 15.11.1996, p. 2.

Art. 4 Information and consultations

For the purposes of the proper implementation of this Annex, the competent authorities of Switzerland and the EU shall regularly exchange information and, at the request of one of the Contracting Parties, shall carry out consultations.

2. The competent Swiss authorities shall, without delay, inform the Support Office and the European Commission of any facts or suspicions concerning the existence of an irregularity relating to the conclusion and execution of contracts Agreements concluded pursuant to the instruments referred to in this Agreement.

Art. 5 Confidentiality

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 EU institutions. Such information may not be communicated to persons other than those who, within the institutions of the EU, the Member States or Switzerland, are, by their functions, called upon to know or be used for purposes other than those of Ensure effective protection of the financial interests of the contracting parties.

Art. 6 Administrative measures and sanctions

Without prejudice to the application of Swiss criminal law, administrative measures and penalties may be imposed by the Support Office or the European Commission in accordance with the 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 1 , to the 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 financial rules applicable to the general budget of the Union 2 And Regulation (EC, Euratom) n O 2988/95 of the Council of 18 December 1995 on the protection of the European Communities' financial interests 3 .


1 OJ L 298, 26.10.2012, p. 1.
2 OJ L 362, 31.12.2012, p. 1.
3 OJ L 312, 23.12.1995, p. 1.

Art. 7 Recovery and enforcement

Decisions of the Support Office or of the European Commission, taken within the scope of this Agreement, which include, for persons other than States, a pecuniary obligation, shall be enforceable in Switzerland. The executory formula shall be affixed, without any control other than that of the verification of the authenticity of the security, by the authority designated by the Swiss Government which shall notify the Support Office or the European Commission thereof. Enforcement shall take place in accordance with the Swiss rules of procedure. The legality of the binding decision shall be subject to the supervision of the Court of Justice of the European Union.

The judgments of the Court of Justice of the European Union pursuant to an arbitration clause shall be enforceable under the same conditions.



RO 2016 747 ; FF 2014 6653


1 RO 2016 745
2 OJ L 132, 29.5.2010, p. 11.
3 RS 0.142.392.68 OJ L 53, 27.2.2008, p. 5.


State 1 Er March 2016