EUR-Lex - 22006A0328(02) - EN Important legal notice | 22006A0328(02) Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics. Final Act - Declarations Official Journal L 090 , 28/03/2006 P. 0002 - 0020 20041026Agreementbetween the European Community and the Swiss Confederation on cooperation in the field of statisticsTHE EUROPEAN COMMUNITY, hereinafter referred to as "the Community",andTHE SWISS CONFEDERATION, hereinafter referred to as "Switzerland",hereinafter together referred to as the "Contracting Parties",DESIRING to improve the cooperation between the Community and Switzerland in the field of statistics and, to that end, to define through this Agreement the principles and conditions governing that cooperation;CONSIDERING that appropriate measures should be established in order to realise a gradual harmonisation and ensure the coherent evolution of the legal framework for the collection of data, the classifications, the definitions and the methodologies in statistics;WHEREAS common rules for the production of statistics within the area covered by the Community and Switzerland are to be set out;AGREEING that it is appropriate to base those rules on the legislation which is in force within the Community,HAVE AGREED AS FOLLOWS:Article 1Subject matter1. This Agreement applies to the cooperation in the field of statistics between the Contracting Parties in order to ensure the production and dissemination of coherent and comparable statistical information for describing and monitoring all economic, social and environmental policies relevant for the bilateral cooperation.2. To this end, the Contracting Parties shall develop and use harmonised methods, definitions and classifications as well as common programmes and procedures organising statistical work at appropriate administrative levels and in accordance with the provisions laid down in this Agreement.3. The production of Contracting Parties' statistics shall conform to impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality; it shall not entail excessive burdens on economic operators.Article 2Legal acts in the field of statisticsThe Acts referred to in Annex A, as adapted by this Agreement, shall be binding upon the Contracting Parties.Article 3Joint Committee1. A Committee composed of representatives of the Contracting Parties, to be known as the "Community/Switzerland Statistical Committee" (hereinafter referred to as the Joint Committee), is hereby established.It shall be responsible for the administration of this Agreement and shall ensure its proper implementation. For this purpose it shall make recommendations and take decisions in the cases provided for in this Agreement. The Joint Committee shall act by mutual agreement. A decision of the Joint Committee shall be binding upon the Contracting Parties.2. The Joint Committee and the Statistical Programme Committee (SPC) established by Council Decision 89/382/EEC, Euratom of 19 June 1989 shall organise their tasks for the purposes of this Agreement in combined meetings.3. The Joint Committee shall adopt, by a decision, its rules of procedure which shall include, among other provisions, the procedures for convening meetings, appointing the Chair and laying down the Chair's terms of reference.4. The Joint Committee shall meet as and when necessary. Either Contracting Party may request the convening of a meeting. The Joint Committee may decide to set up any subcommittee or working party that can assist it in carrying out its tasks.5. A Contracting Party may at any time raise a matter of concern at the level of the Joint Committee.6. Each decision shall state the date of its implementation. The decisions shall be submitted if necessary for ratification or approval by the Contracting Parties in accordance with their own procedures and shall be put into effect by the Contracting Parties in accordance with their own rules.Article 4New legislation1. This Agreement shall be without prejudice to the right of each Contracting Party, subject to compliance with the provisions of this Agreement, to amend unilaterally its legislation on a point regulated by this Agreement.2. During the period preceding the formal adoption of new legislation, the Contracting Parties shall inform and consult each other as closely as possible. At the request of either Contracting Party, a preliminary exchange of views may take place in the Joint Committee.3. As soon as a Contracting Party has adopted an amendment of its legislation, it shall inform the other Contracting Party.4. The Joint Committee shall:- either adopt a decision revising Annex A and/or Annex B or, if necessary, propose a revision of the provisions of this Agreement, so as to incorporate therein, if necessary on a basis of reciprocity, the amendments made to the legislation in question;- or adopt a decision to the effect that the amendments to the legislation in question shall be regarded as being in accordance with the proper functioning of this Agreement;- or decide any other measure to ensure the proper functioning of this Agreement.Article 5Statistical cooperation1. The Community Statistical programme referred to in Chapter II of Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics, as from time to time adopted by Decisions of the European Parliament and of the Council, shall constitute the framework for the statistical actions to be carried out by Switzerland for the relevant time periods covered by each programme. All main fields and statistical themes of the Community Statistical programme shall be considered to be relevant for the Community/Switzerland statistical cooperation and shall be open for full participation by Switzerland.2. A specific Community/Switzerland annual statistical programme shall be developed every year as a subset of, and in parallel with, the annual work programme drawn up by the Commission in accordance with the Decision of the European Parliament and of the Council establishing the specific relevant Community statistical programme. Each Community/Switzerland annual statistical programme shall be submitted for examination and approval to the Joint Committee. It shall indicate in particular those actions within the themes of the programme which are relevant and have priority for the Community/Switzerland statistical cooperation during the programme period.3. Statistical information from Switzerland shall be transmitted to Eurostat for storage, processing and dissemination. To this end, the Swiss Federal Statistical Office shall work in close cooperation with Eurostat in order to ensure that data from Switzerland are transmitted properly and disseminated to the various user groups through the normal dissemination channels as part of the Community/Switzerland statistics.The handling of statistics from Switzerland shall be governed by Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics.4. The Joint Committee shall examine the progress made in the framework for Community/Switzerland statistical actions. It shall in particular assess whether the objectives, priorities and actions planned during the first three years of application of this Agreement have been achieved. It shall also assess whether the contents of Annex A adequately reflect the concept of relevance as mentioned in Article 1(1).Article 6Participation1. Entities established in Switzerland shall be entitled to participate in specific Community programmes managed by Eurostat, with the same contractual rights and obligations as those of entities established in the Community. However, entities established in Switzerland shall not be entitled to receive any financial contribution from Eurostat.2. Swiss national experts may be seconded to Eurostat. The costs associated with the secondment of Swiss national experts to Eurostat, including salaries, social security costs, provision for pensions, daily and travel allowances, shall be borne entirely by Switzerland.3. Entities established in the Community shall be entitled to participate in specific programmes managed by the Swiss Federal Statistical Office, with the same contractual rights and obligations as those of entities established in Switzerland.Article 7Other forms of cooperation1. Transfer of technology in the field of statistics between the Swiss Federal Statistical Office and Eurostat may take place by mutual agreement.2. The Contracting Parties may exchange any information in the field of statistics.3. The statistical services of the Contracting Parties may exchange officials. The statistical services of the Member States of the Community may also exchange officials with Switzerland. The conditions under which these exchanges take place shall be agreed directly between the statistical services involved.Article 8Financial provisions1. In order to cover the entirety of the costs of its participation, Switzerland shall contribute financially to the Community Statistical Programme on an annual basis from the entry into force of this Agreement.2. The rules governing Switzerland's financial contribution are set out in Annex B.Article 9Non-discriminationWithin the scope of application of this Agreement, and without prejudice to any special provisions contained therein, any discrimination of grounds of nationality shall be prohibited.Article 10Fulfilment of obligationsThe Contracting Parties shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Agreement and shall refrain from any measures which would jeopardise attainment of the objectives of this Agreement.Article 11AnnexesThe Annexes shall form an integral part of this Agreement.Article 12Territorial applicationThis Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Switzerland.Article 13Entry into force and duration1. This Agreement shall be ratified or approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the first day of January of the year following the day on which the Contracting Parties notify each other that the procedures necessary to this end have been completed.2. This Agreement shall be concluded for an initial period of five years. Unless written notice of termination is given six months before the expiration of this period, the Agreement shall be considered as renewed indefinitely.3. Either Contracting Party may terminate this Agreement by a written notification to the other Contracting Party. This Agreement shall cease to be in force six months after the date of such notification.Article 14Authentic texts1. This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.2. The Maltese language version shall be authenticated by the Contracting Parties on the basis of an Exchange of Letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.V Lucemburku dne dvacátého šestého října dva tisíce čtyři.Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.'Εγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.Fait à Luxembourg, le vingt-six octobre deux mille quatre.Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.Sporządzono w Luksemburgu, dnia dwudziestego szóstego października roku dwa tysiące czwartego.Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiriTehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.Por la Comunidad EuropeaZa Evropské společenstvíFor Det Europæiske FællesskabFür die Europäische GemeinschaftEuroopa Ühenduse nimelΓια την Ευρωπαϊκή ΚοινότηταFor the European CommunityPour la Communauté européennePer la Comunità europeaEiropas Kopienas vārdāEuropos bendrijos varduaz Európai Közösség részérőlGħall-Komunità EwropeaVoor de Europese GemeenschapW imieniu Wspólnoty EuropejskiejPela Comunidade EuropeiaZa Európske spoločenstvoza Evropsko skupnostEuroopan yhteisön puolestaPå Europeiska gemenskapens vägnar+++++ TIFF +++++Für die Schweizerische EidgenossenschaftPour la Confédération suissePer la Confederazione svizzera+++++ TIFF +++++--------------------------------------------------20041026ANNEX ALEGAL ACTS IN THE FIELD OF STATISTICS REFERRED TO IN ARTICLE 2SECTORAL ADAPTATION1. The term "Member State(s)" contained in the acts referred to in this Annex shall be understood to include Switzerland, in addition to its meaning in the relevant Community acts.2. Provisions laying down by whom the costs for carrying out surveys and the like shall be borne shall not apply for the purposes of this Agreement.ACTS REFERRED TOBUSINESS STATISTICS— 397 R 0058: Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics (OJ L 14, 17.1.1997, p. 1), as amended by:- 398 R 0410: Council Regulation (EC, Euratom) No 410/98 of 16 February 1998 (OJ L 52, 21.2.1998, p. 1),- 32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and of the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) The first reference years for which statistics are to be compiled by Switzerland are the following:- For Annex 1, Section 5 (First reference year) and Section 11 (Transition period) calendar year 2002,- For Annex 2, Section 5 (First reference year) and Section 10 (Transition period) calendar year 2002 for all yearly statistics, calendar year 2003 for the 2-yearly characteristics 20210 to 20310, calendar year 2002 for the 3-yearly characteristic 23110, calendar year 2004 for the 4-yearly characteristic 16135, calendar year 2003 for the 4-yearly characteristics 15420, 15441 and 15442,- For Annex 3, Section 5 (First reference year) and Section 10 (Transition period) calendar year 2002 for all yearly statistics, calendar year 2002 for the 5-yearly characteristics relating to division 52, calendar year 2003 for the 5-yearly characteristics relating to division 51, calendar year 2005 for the 5-yearly characteristics relating to division 50,- For Annex 4, Section 5 (First reference year) and Section 10 (Transition period) calendar year 2002 for all yearly statistics, calendar year 2003 for the 2-yearly characteristics 20210 to 20310, calendar year 2002 for the 4-yearly characteristics 16131 and 16132, calendar year 2003 for the 3-yearly characteristics 23110, 23120, 15420, 15441 and 15442,- For Annex 5, Section 5 (First reference year) and Section 9 (Transition period) calendar year 2002,- For Annex 6, Section 5 (First reference year) and Section 10 (Transition period) calendar year 2004,- For Annex 7, Section 5 (First reference year) and Section 10 (Transition period) calendar year 2003;(b) For the purposes of Annexes 1 to 7, the transition period will not extend more than four years beyond the first reference years for the compilation of the statistics indicated in Section 5 of the said Annexes, and as amended in (a);(c) For Annexes 1, 2, 3, 4 and 5, Switzerland is exempted from providing data as amended in (a) for the years 2002, 2003, 2004 and 2005;(d) For Annexes 6 and 7, Switzerland is exempted from providing data as amended in (a) for the years 2003, 2004, 2005 and 2006;(e) Switzerland shall not be bound by the regional breakdown of the data as required by this Regulation;(f) Switzerland is exempted from providing data at the 4-digit level of the NACE REV 1;(g) Switzerland is exempted from providing data required by this Regulation for kind of activity units.— 398 R 2700: Commission Regulation (EC) No 2700/98 of 17 December 1998 concerning the definitions of characteristics for structural business statistics (OJ L 344, 18.12.1998, p. 49), as amended by:- 32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and of the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1).— 398 R 2701: Commission Regulation (EC) No 2701/98 of 17 December 1998 concerning the series of data to be produced for structural business statistics (OJ L 344, 18.12.1998, p. 81), as amended by:- 32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and of the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1).— 398 R 2702: Commission Regulation (EC) No 2702/98 of 17 December 1998 concerning the technical format for the transmission of structural business statistics (OJ L 344, 18.12.1998, p. 102), as amended by:- 32002 R 2056: Regulation (EC) No 2056/2002 of the European Parliament and of the Council of 5 November 2002 (OJ L 317, 21.11.2002, p. 1).— 399 R 1618: Commission Regulation (EC) No 1618/1999 of 23 July 1999 concerning the criteria for the evaluation of quality of structural business statistics (OJ L 192, 24.7.1999, p. 11).— 399 R 1225: Commission Regulation (EC) No 1225/99 of 27 May 1999 concerning the definitions of characteristics for insurance services statistics (OJ L 154, 19.6.1999, p. 1).— 399 R 1227: Commission Regulation (EC) No 1227/99 of 28 May 1999 concerning the technical format for the transmission of insurance services statistics (OJ L 154, 19.6.1999, p. 75).— 399 R 1228: Commission Regulation (EC) No 1228/99 of 28 May 1999 concerning the series of data to be produced for insurance services statistics (OJ L 154, 19.6.1999, p. 91).— 398 R 1165: Council Regulation (EC) No 1165/98 of 19 May 1998 concerning short-term statistics (OJ L 162, 5.6.1998, p. 1), as implemented by:- 32001 R 0586: Commission Regulation (EC) No 586/2001 of 26 March 2001 on implementing Council Regulation (EC) No 1165/98 concerning short-term statistics as regards the definition of Main Industrial Groupings (MIGS) (OJ L 86, 27.3.2001, p. 11),- 32001 R 0588: Commission Regulation (EC) No 588/2001 of 26 March 2001 implementing Council Regulation (EC) No 1165/98 concerning short-term statistics as the definition of variables (OJ L 86, 27.3.2001, p. 18).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) Switzerland shall supply data as from the first quarter 2007;(b) Switzerland is exempted from providing data at the 4-digit level of the NACE REV 1.— 393 R 2186: Council Regulation (EEC) No 2186/93 of 22 July 1993 on Community coordination in drawing up business registers for statistical purposes (OJ L 196, 5.8.1993, p. 1).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) Switzerland shall put into effect the measures necessary to comply with this Regulation by 1 January 2006;(b) For Switzerland, entry 1 (k) of Annex II of the Regulation shall not apply.TRANSPORT AND TOURISM STATISTICS— 398 R 1172: Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical returns in respect of the carriage of goods by road (OJ L 163, 6.6.1998, p. 1), as amended by:- 399 R 2691: Commission Regulation (EC) No 2691/99 of 17 December 1999 (OJ L 326, 18.12.1999, p. 39).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:Switzerland shall collect the data required by this Regulation from, at the latest, the beginning of year 2006 onwards.— 32001 R 2163: Commission Regulation (EC) No 2163/2001 of 7 November 2001 concerning the technical arrangements for data transmission for statistics on the carriage of goods by road (OJ L 291, 8.11.2001, p. 13).— 32003 R 0006: Commission Regulation (EC) No 6/2003 of 30 December 2002 concerning the dissemination of statistics on the carriage of goods by road (OJ L 1, 4.1.2003, p. 45).— 32003 R 0091: Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics (OJ L 14, 21.1.2003, p. 1), as amended by:- 32003 R 1192: Commission Regulation (EC) No 1192/2003 of 3 July 2003 (OJ L 167, 4.7.2003, p. 13).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:Switzerland shall collect the data required by this Regulation from, at the latest, the beginning of year 2006 onwards.— 380 L 1119: Council Directive 80/1119/EEC of 17 November 1980 on statistical returns in respect of carriage of goods by inland waterways (OJ L 339, 15.12.1980, p. 30).— 395 L 0064: Council Directive 95/64/EC of 8 December 1995 on statistical returns in respect of carriage of goods and passengers by sea (OJ L 320, 30.12.1995, p. 25), as amended by:- 398 D 0385: Commission Decision 98/385/EC of 13 May 1998 (OJ L 174, 18.6.1998, p. 1),- 32000 D 0363: Commission Decision 363/2000/EC of 28 April 2000 (OJ L 132, 5.6.2000, p. 1).— 32001 D 0423: Commission Decision 2001/423/EC of 22 May 2001 on arrangements for publication or dissemination of the statistical data collected pursuant to Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea (OJ L 151, 7.6.2001, p. 41).— 32003 R 0437: Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air (OJ L 66, 11.3.2003, p. 1), as amended by:- 32003 R 1358: Commission Regulation (EC) No 1358/2003 of 31 July 2003 (OJ L 194, 1.8.2003, p. 9).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:Switzerland shall collect the data required by this Regulation from, at the latest, the beginning of year 2006 onwards.— 393 D 0704: Council Decision 93/704/EC of 30 November 1993 on the creation of a Community database on road accidents (OJ L 329, 30.12.1993, p. 63).— 395 L 0057: Council Directive 95/57/EC of 23 November 1995 on the collection of statistical information in the field of tourism (OJ L 291, 6.12.1995, p. 32).The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptation:Switzerland shall collect the data required by this Directive from, at the latest, 2007 onwards.— 399 D 0035: Commission Decision 1999/35/EC of 9 December 1998 on the procedures for implementing Council Directive 95/57/EC on the collection of statistical information in the field of tourism (OJ L 9, 15.1.1999, p. 23).FOREIGN TRADE STATISTICS— 395 R 1172: Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics relating to the trading of goods by the Community and its Member States with non-member countries (OJ L 118, 25.5.1995, p. 10), as amended by:- 397 R 0476: Council Regulation (EC) No 476/97 of 13 March 1997 (OJ L 75, 15.3.1997, p. 1),- 398 R 0374: Council Regulation (EC) No 374/98 of 12 February 1998 (OJ L 48, 19.2.1998, p. 6).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) For Switzerland the statistical territory shall comprise the customs territory;(b) Switzerland shall not be bound to compile statistics of trade between Switzerland and Liechtenstein;(c) The classification referred to in Article 8(2) shall be made at least down to the first six digits;(d) Article 10(1)(h), (j) shall not apply;(e) Article 10(1)(i): The nationality of the means of transport crossing the frontier is only applicable for road transport.— 32000 R 1917: Commission Regulation No 1917/2000 of 7 September 2000 laying down certain provisions for the implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade (OJ L 229, 9.9.2000, p. 14), as amended by:- 32001 R 1669: Commission Regulation (EC) No 1669/2001 of 20 August 2001 (OJ L 224, 21.8.2001, p. 3).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) The reference to Regulation (EC) No 2454/96 in Article 6(1) is not applicable;(b) The following new subparagraph shall be added to Article 7(1)(a):"For Switzerland "country of origin" shall be taken to mean the country in which the goods originated within the meaning of the national rules of origin.";(c) The following new subparagraph shall be added to Article 9(2):"For Switzerland "the customs value" shall be defined within the respective national rules.";(d) Article 11(2) is not applicable;(e) Section 2 (Articles 16-19) is not applicable.— 32002 R 1779: Commission Regulation (EC) No 1779/2002 of 4 October 2002 on the nomenclature of countries and territories for the external trade statistics of the Community and statistics of trade between Member States (OJ L 269, 5.10.2002, p. 6).STATISTICAL PRINCIPLES AND CONFIDENTIALITY— 390 R 1588: Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (OJ L 151, 15.6.1990, p. 1).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) The following new point is added to Article 2:11. "Staff of the Office of the EFTA Statistical Adviser: staff of the EFTA Secretariat working on the premises of the SOEC.";(b) In the second sentence of Article 5(1), the term "SOEC" is replaced by "SOEC and of the Office of the EFTA Statistical Adviser";(c) The following new subparagraph is added to Article 5(2):"Confidential statistical data transmitted to the SOEC through the Office of the EFTA Statistical Adviser shall be accessible also to the staff of this Office.";(d) In Article 6, the term "SOEC" shall, for these purposes, be read as to include the Office of the EFTA Statistical Adviser.— 397 R 0322: Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (OJ L 52, 22.2.1997, p. 1).— 32002 R 0831: Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics, concerning access to confidential data for scientific purposes (OJ L 133, 18.5.2002, p. 7).DEMOGRAPHIC AND SOCIAL STATISTICS— 376 R 0311: Council Regulation (EEC) No 311/76 of 9 February 1976 on the compilation of statistics on foreign workers (OJ L 39, 14.2.1976, p. 1).— 398 R 0577: Council Regulation (EC) No 577/98 of 9 March 1998 on the organisation of a labour force sample survey in the Community (OJ L 77, 14.3.1998, p. 3), as amended by:- 32002 R 1991: Regulation (EC) No 1991/2002 of the European Parliament and of the Council of 8 October 2002 (OJ L 308, 9.11.2002, p. 1),- 32002 R 2104: Commission Regulation (EC) No 2104/2002 of 28 November 2002 (OJ L 324, 29.11.2002, p. 14).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) Irrespective of the provisions of Article 1, Switzerland is permitted to carry out an annual survey until 2007;(b) For Switzerland, irrespective of the provisions of Article 2(4), the sampling unit is an individual and the information concerning the other members of the household may include at least the characteristics listed under Article 4(1).— 32000 R 1575: Commission Regulation (EC) No 1575/2000 of 19 July 2000 implementing Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community concerning the codification to be used for data transmission from 2001 onwards (OJ L 181, 20.7.2000, p. 16).— 32000 R 1897: Commission Regulation (EC) No 1897/2000 of 7 September 2000 implementing Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community concerning the operational definition of unemployment (OJ L 228, 8.9.2000, p. 18).— 32002 R 2104: Commission Regulation (EC) No 2104/2002 of 28 November 2002 adapting Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community and Commission Regulation (EC) No 1575/2000 implementing Council Regulation (EC) No 577/98 as far as the list of education and training variables and their codification to be used for data transmission from 2003 onwards are concerned (OJ L 324, 29.11.2002, p. 14).— 32003 R 0246: Commission Regulation (EC) No 246/2003 of 10 February 2003 adopting the programme of ad hoc modules, covering the years 2004 to 2006, to the labour force sample survey provided by Council Regulation (EC) No 577/98 (OJ L 34, 11.2.2003, p. 3).— 399 R 0530: Council Regulation (EC) No 530/1999 of 9 March 1999 concerning structural statistics on earnings and labour costs (OJ L 63, 12.3.1999, p. 6).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) Switzerland shall collect the data required by this Regulation for the first time in 2008 for the statistics on the level and composition of labour costs and in 2006 for the statistics on the structure and distribution of earnings;(b) For the years 2006 and 2008, Switzerland shall be permitted to provide data required in Article 6(1)(a), (2)(a) based on enterprises.— 32000 R 0452: Commission Regulation (EC) No 452/2000 of 28 February 2000 implementing Council Regulation (EC) No 530/1999 concerning structural statistics on earnings and on labour costs as regards quality evaluation on labour costs statistics (OJ L 55, 29.2.2000, p. 53).— 32000 R 1916: Commission Regulation (EC) No 1916/2000 of 8 September 2000 on implementing Council Regulation (EC) No 530/1999 concerning structural statistics on earnings and on labour costs as regards the definition and transmission of information on structure of earnings (OJ L 229, 9.9.2000, p. 3).— 399 R 1726: Commission Regulation (EC) No 1726/1999 of 27 July 1999 implementing Council Regulation (EC) No 530/1999 concerning structural statistics on earnings and on labour costs as regards the definition and transmission on information on labour costs (OJ L 203, 3.8.1999, p. 28).— 32002 R 0072: Commission Regulation (EC) No 72/2002 of 16 January 2002 implementing Council Regulation (EC) No 530/1999 as regards quality evaluation of structural statistics on earnings (OJ L 15, 17.1.2002, p. 7).— 32003 R 0450: Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index (OJ L 69, 13.3.2003, p. 1), as implemented by:- 32003 R 1216: Commission Regulation (EC) No 1216/2003 of 7 July 2003 implementing Regulation (EC) No 450/2003 of the European Parliament and of the Council concerning the labour cost index (OJ L 169, 8.7.2003, p. 37).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:Switzerland shall compile the data required by this Regulation for the first time at the beginning of 2007, and thereafter for each quarter.— 32003 R 1177: Regulation (EC) No 1177/2003 of the European Parliament and of the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC) (OJ L 165, 3.7.2003, p. 1)The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:Switzerland shall collect the data required by this Regulation from, at the latest, 2007 onwards.ECONOMIC STATISTICS— 32003 R 1287: Council Regulation (EC, Euratom) No 1287/2003 of 15 July 2003 on the harmonisation of gross national income at market prices (GNI Regulation) (OJ L 181, 19.7.2003, p. 1).— 395 R 2494: Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (OJ L 257, 27.10.1995, p. 1).For Switzerland the Regulation applies to the harmonisation of consumer price indices for international comparisons. It is not relevant as regards the explicit purposes of calculating harmonised CPI's in the context of the Economic and Monetary Union.The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) Article 2c, as well as references to MUICP in Articles 8(1) and 11, are not applicable;(b) Article 5(1)(a) is not applicable;(c) Article 5(2) is not applicable;(d) The consultation of the EMI as specified in Article 5(3) is not applicable;(e) Switzerland shall supply data required by this Regulation, at the latest, with the index for January 2007 onwards.— 396 R 1749: Commission Regulation (EC) No 1749/96 of 9 September 1996 on initial implementing measures for Council Regulation (EC) No 2494/95 concerning harmonised indices of consumer prices (OJ L 229, 10.9.1996, p. 3), as amended by:- 398 R 1687: Council Regulation (EC) No 1687/98 of 20 July 1998 (OJ L 214, 31.7.1998, p. 12).- 398 R 1688: Council Regulation (EC) No 1688/98 of 20 July 1998 (OJ L 214, 31.7.1998, p. 23).— 396 R 2214: Commission Regulation (EC) No 2214/96 of 20 November 1996 concerning harmonised indices of consumer prices: transmission and dissemination of sub-indices of the HICP (OJ L 296, 21.11.1996, p. 8), as amended by:- 399 R 1617: Commission Regulation (EC) No 1617/1999 of 23 July 1999 (OJ L 192, 24.7.1999, p. 9).- 399 R 1749: Commission Regulation (EC) No 1749/1999 of 23 July 1999 (OJ L 214, 13.8.1999, p. 1), as corrected by OJ L 267, 15.10.1999, p. 59.- 32001 R 1920: Commission Regulation (EC) No 1920/2001 of 28 September 2001 (OJ L 261, 29.9.2001, p. 46), as corrected by OJ L 295, 13.11.2001, p. 34.— 396 R 2223: Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (OJ L 310, 30.11.1996, p. 1), as amended by:- 398 R 0448: Council Regulation (EC) No 448/98 of 16 February 1998 (OJ L 58, 27.2.1998, p. 1).- 32000 R 1500: Commission Regulation (EC) No 1500/2000 of 10 July 2000 (OJ L 172, 12.7.2000, p. 3).- 32000 R 2516: Regulation (EC) No 2516/2000 of the European Parliament and of the Council of 7 November 2000 (OJ L 290, 17.11.2000, p. 1).- 32001 R 0995: Commission Regulation (EC) No 995/2001 of 22 May 2001 (OJ L 139, 23.05.2001, p. 3).- 32001 R 2558: Regulation (EC) No 2558/2001 of the European Parliament and of the Council of 3 December 2001 (OJ L 344, 28.12.2001, p. 1).- 32002 R 0113: Commission Regulation (EC) No 113/2002 of 23 January 2002 (OJ L 21, 24.1.2002, p. 3).- 32002 R 1889: Commission Regulation (EC) No 1889/2002 of 23 October 2002 (OJ L 286, 24.10.2002, p. 1).- 32003 R 1267: Regulation (EC) No 1267/2003 of the European Parliament and of the Council of 16 June 2003 (OJ L 180, 18.7.2003, p. 1).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) Switzerland shall be permitted to compile data by institutional units when the provisions of this Regulation refer to industry;(b) Switzerland shall not be bound by the regional breakdown of the data as required by this Regulation;(c) Switzerland shall not be bound by EU/third countries breakdown of exports and imports of services as required by this Regulation;(d) Switzerland shall put into effect the measures necessary to allocate FISIM from, at the latest, 2006 onwards;(e) In Annex B, Derogations concerning the tables to be supplied in the framework of the questionnaire "ESA-95" by country, the following shall be added after point 15 (Iceland):"16. SWITZERLAND16.1 Derogations for tablesTable No | Table | Derogation | Until |1 | Main aggregates, annual and quarterly | Transmission for 1990 onwards | |2 | Main aggregates of the general government | Transmission delay: t+8 months Periodicity: annual Transmission for 1990 onwards | Unlimited Unlimited |3 | Tables by industry | Transmission for 1990 onwards | |4 | Exports and imports by EU/third countries | Transmission for 1998 onwards | |5 | Household final consumption expenditure by purpose | Transmission for 1990 onwards | |6 | Financial accounts by institutional sectors | Transmission for 1998 onwards | 2006 |7 | Balance sheets for financial assets and liabilities | Transmission for 1998 onwards | 2006 |8 | Non-financial accounts by institutional sectors | Transmission delay: t+18 months Transmission for 1990 onwards | Unlimited |9 | Detailed tax and social contributions receipts by sector | Transmission delay: t+18 months Transmission for 1998 onwards | Unlimited |10 | Tables by industry and region, NUTS II, A17 | No regional breakdown | |11 | General government expenditure by function | Transmission for 2005 onwards No Backward calculations | 2007 |12 | Tables by industry and by region, NUTS III, A3 | No regional breakdown | |13 | Household accounts by region, NUTS II | No regional breakdown | |14-22 | In accordance with derogation (a) of this Regulation, Switzerland shall be exempted from providing data for tables 14 to 22." | |— 398 D 0715: Commission Decision 98/715/EC of 30 November 1998 clarifying Annex A to Council Regulation (EC) No 2223/96 on the European system of national and regional accounts in the Community as concerns the principles for measuring prices and volumes (OJ L 340, 16.12.1998, p. 33).The provisions of the Decision shall, for the purposes of this Agreement, be read with the following adaptation:Article 3 (classification of methods by product) shall not apply to Switzerland.— 397 D 0178: Commission Decision 97/178/EC, Euratom of 10 February 1997 on the definition of a methodology for the transition between the European System of National and Regional Accounts in the Community (ESA 95) and the European System of Integrated Economic Accounts (ESA second edition) (OJ L 75, 15.3.1997, p. 44).— 397 R 2454: Commission Regulation (EC) No 2454/97 of 10 December 1997 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the quality of HICP weightings (OJ L 340, 11.12.1997, p. 24).— 398 R 2646: Commission Regulation (EC) No 2646/98 of 9 December 1998 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the treatment of tariffs in the Harmonised Index of Consumer Prices (OJ L 335, 10.12.1998, p. 30).— 399 R 1617: Commission Regulation (EC) No 1617/1999 of 23 July 1999 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the treatment of insurance in the Harmonised Index of Consumer Prices and modifying Commission Regulation (EC) No 2214/96 (OJ L 192, 24.7.1999, p. 9).— 399 R 2166: Council Regulation (EC) No 2166/1999 of 8 October 1999 laying down detailed rules for the implementation of Regulation (EC) No 2494/95 as regards minimum standards for the treatment of products in the health, education and social protection sectors in the Harmonised Index of Consumer Prices (OJ L 266, 14.10.1999, p. 1).— 399 D 0622: Commission Decision 1999/622/EC, Euratom of 8 September 1999 on the treatment of repayments of VAT to non-taxable units and to taxable units for their exempt activities, for the purpose of implementing Council Directive 89/130/EEC, Euratom on the harmonisation of the compilation of gross national product at market prices (OJ L 245, 17.9.1999, p. 51).— 32000 R 2601: Commission Regulation (EC) No 2601/2000 of 17 November 2000 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards the timing of entering purchaser prices into the Harmonised Index of Consumer Prices (OJ L 300, 29.11.2000, p. 14).— 32000 R 2602: Commission Regulation (EC) No 2602/2000 of 17 November 2000 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the treatment of price reductions in the Harmonised Index of Consumer Prices (OJ L 300, 29.11.2000, p. 16), as amended by:- 32001 R 1921: Commission Regulation (EC) No 1921/2001 of 28 September 2001 (OJ L 261, 29.9.2001, p. 49), as corrected by OJ L 295, 13.11.2001, p. 34.— 32001 R 1920: Commission Regulation (EC) No 1920/2001 of 28 September 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the treatment of service charges proportional to transaction values in the harmonised index of consumer prices and amending Regulation (EC) No 2214/96 (OJ L 261, 29.9.2001, p. 46), as corrected by OJ L 295, 13.11.2001, p. 34.— 32001 R 1921: Commission Regulation (EC) No 1921/2001 of 28 September 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for revisions of the harmonised index of consumer prices and amending Regulation (EC) No 2602/2000 (OJ L 261, 29.9.2001, p. 49), as corrected by OJ L 295, 13.11. 2001, p. 34.NOMENCLATURES— 390 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1), as amended by:- 393 R 0761: Commission Regulation (EEC) No 761/93 of 24 March 1993 (OJ L 83, 3.4.1993, p. 1).- 32002 R 0029: Commission Regulation (EC) No 29/2002 of 19 December 2001 (OJ L 6, 10.1.2002, p. 3).— 393 R 0696: Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community (OJ L 76, 30.3.1993, p. 1).— 393 R 3696: Council Regulation (EEC) No 3696/93 of 29 October 1993 on the statistical classification of products by activity (CPA) in the European Economic Community (OJ L 342, 31.12.1993, p. 1), as amended by:- 398 R 1232: Commission Regulation (EC) No 1232/98 of 17 June 1998 (OJ L 177, 22.6.1998, p. 1).- 32002 R 0204: Commission Regulation (EC) No 204/2002 of 19 December 2001 (OJ L 36, 6.2.2002, p. 1).— 32003 R 1059: Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).AGRICULTURAL STATISTICS— 396 L 0016: Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products (OJ L 78, 28.3.1996, p. 27).The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptation:Switzerland shall not be bound by the regional breakdown of the data as required by this Directive.— 397 D 0080: Commission Decision 97/80/EC of 18 December 1996 laying down provisions for the implementation of Council Directive 96/16/EC on statistical surveys of milk and milk products (OJ L 24, 25.1.1997, p. 26), as amended by:- 398 D 0582: Council Decision 98/582/EC of 6 October 1998 (OJ L 281, 17.10.1998, p. 36).— 388 R 0571: Council Regulation (EEC) No 571/88 of 29 February 1988 on the organisation of Community surveys on the structure of agricultural holdings (OJ L 56, 2.3.1988, p. 1), as amended by:- 396 R 2467: Council Regulation (EC) No 2467/96 of 17 December 1996 (OJ L 335, 24.12.1996, p. 3).- 32002 R 143: Commission Regulation (EC) No 143/2002 of 24 January 2002 (OJ L 24, 26.1.2002, p. 16).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:(a) In Article 4, the text beginning with "and insofar as they are important locally …" until "… the particular technical economic guidelines within the meaning of the same Decision" is not applicable;(b) In Article 6(2), the text "standard gross margin (SGM), within the meaning of Decision 85/377/EEC" is replaced by:"standard gross margin (SGM), within the meaning of Decision 85/377/EEC, or to the value of the total agricultural production";(c) Articles 10, 12, and 13, and Annex II shall not apply;(d) Switzerland shall not be bound by the typology referred to in Articles 6, 7, 8, 9 and Annex I of this Regulation. However, Switzerland shall transmit the necessary additional information allowing the reclassification according to this typology;(e) Irrespective of the provisions of the Regulation, Switzerland shall be permitted to carry out the survey in May and supply the data, at the latest, 18 months thereafter.— 390 R 0837: Council Regulation (EEC) No 837/90 of 26 March 1990 concerning statistical information to be supplied by the Member States on cereals production (OJ L 88, 3.4.1990, p. 1).— 393 R 0959: Council Regulation (EC) No 959/93 of 5 April 1993 concerning statistical information to be supplied by Member States on crop products other than cereals (OJ L 98, 24.4.1993, p. 1), as amended by:- 32003 R 0296: Commission Regulation (EC) No 296/2003 of 17 February 2003 (OJ L 43, 18.2.2003, p. 18).FISHERY STATISTICS— 391 R 1382: Council Regulation (EEC) No 1382/91 of 21 May 1991 on the submission of data on the landings of fishery products in Member States (OJ L 133, 28.5.1991, p. 1), as amended by:- 393 R 2104: Council Regulation (EEC) No 2104/93 of 22 July 1993 (OJ L 191, 31.7.1993, p. 1).— 391 R 3880: Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 365, 31.12.1991, p. 1), as amended by:- 32001 R 1637: Commission Regulation (EC) No 1637/2001 of 23 July 2001 (OJ L 222, 17.8.2001, p. 20).— 393 R 2018: Council Regulation (EEC) No 2018/93 of 30 June 1993 on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic (OJ L 186, 28.7.1993, p. 1), as amended by:- 32001 R 1636: Commission Regulation (EC) No 1636/2001 of 23 July 2001 (OJ L 222, 17.8.2001, p. 1).— 395 R 2597: Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 270, 13.11.1995, p. 1), as amended by:- 32001 R 1638: Commission Regulation (EC) No 1638/2001 of 24 July 2001 (OJ L 222, 17.8.2001, p. 29).— 396 R 0788: Council Regulation (EC) No 788/96 of 22 April 1996 on the submission by Member States of statistics on aquaculture production (OJ L 108, 1.5.1996, p. 1).ENERGY STATISTICS— 390 L 0377: Council Directive 90/377/EEC of 29 June 1990 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (OJ L 185, 17.7.1990, p. 16).The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:Switzerland shall put into effect the measures necessary to comply with this Directive as from 1 January 2006.--------------------------------------------------20041026ANNEX BFINANCIAL RULES GOVERNING THE CONTRIBUTION OF SWITZERLAND REFERRED TO IN ARTICLE 81. Determination of financial participation1.1. Switzerland shall contribute financially, on an annual basis, to the Community Statistical Programme.1.2. This contribution shall be based on three elements:- The total cost of Eurostat [Cost]- The number of Member States in the European Union [# Members]- The proportion of the statistical programme in which Switzerland is deemed to participate [prop]1.3. The financial contribution shall be: [Cost] * [prop]/[# Members]1.4. These elements shall be defined as follows:1.4.1. The total cost of Eurostat shall be defined as the amount of commitment appropriations in the Statistics Policy Area (Title 29) of the Budget of the European Union, according to the Activity Based Budgeting nomenclature. This shall comprise Management and Support Expenditure of Policy Area Statistics (Expenditure related to staff in active employment, External Staff and other management expenditure, Buildings and related expenditure and Support expenditure for operations) and the Financial Interventions in respect of the Production of Statistical Information. [Cost]1.4.2. The number of Member States shall be defined as the number of Member States of the European Union on 1 January of the year in question. [# Members]1.4.3. The proportion of the statistical programme in which Switzerland is deemed to participate is defined as the ratio of Eurostat's estimate of the sum of the credits, allocated under Article 29 02 01 or successor Article of the Budget of the European Union of the modules of the Commission's Annual Statistical Programme in which Switzerland participates, divided by the total of all credits allocated to Article 29 02 01 or successor Article. [prop]1.5. A draft calculation of this financial contribution shall be made immediately after the adoption of the Preliminary Draft Budget of the European Union for the year in question. The final calculation shall be made immediately after the adoption of the Budget for that year.2. Payment procedures2.1. The Commission shall issue, at the latest on 15 March and 15 June each financial year, a call for funds to Switzerland corresponding to its contribution under this Agreement. These calls for funds shall provide respectively for the payment:Of six twelfths of Switzerland's contribution not later than 20 April, andSix twelfths of its contribution not later than 15 July.2.2. The contributions of Switzerland shall be expressed and paid in euro.2.3. Switzerland shall pay its contribution under this Agreement in accordance with the schedule in point 2.1. Any delay in payment shall give rise to the payment of interest at a rate equal to the one-month Euro inter-bank offered rate (EURIBOR) on the due date as on page 248 of Telerate. This rate shall be increased by 1,5 percentage points for each month of delay. The increased rate shall be applied to the entire period of delay. However, the interest shall be due only in respect of any contribution paid more than thirty days after the scheduled payment dates mentioned in point 2.1.2.4. Costs incurred by Swiss representatives and experts participating in meetings convened by the Commission under this Agreement shall not be reimbursed by the Commission. As stated in Article 6(2), the costs associated with the secondment of Swiss national officials to Eurostat shall be borne entirely by Switzerland.Subject to an agreement between EUROSTAT and the Swiss Federal Statistical Office, Switzerland may deduct from its financial contribution the cost for seconded national experts. The maximum amount to be deducted for each official shall not exceed the maximum deducted for officials from EEA-EFTA countries being seconded to Eurostat under the EEA Agreement. This sum shall be agreed on an annual basis.2.5. Payments effected by Switzerland shall be credited as budgetary revenue earmarked to the corresponding budget line of the statement of revenue of the General Budget of the European Union. The Financial Regulation applicable to the General Budget of the European Communities shall apply to the management of appropriations.3. Conditions for implementation3.1. The financial contribution of Switzerland in accordance with Article 8 shall normally remain unchanged for the financial year in question.3.2. The Commission, at the time of the closure of the accounts relating to each financial year (n), within the framework of the establishment of the revenue and expenditure account, shall proceed to the regularisation of the accounts with respect to the participation of Switzerland, taking into consideration modifications resulting from transfers, cancellations, carry-overs, or by supplementary and amending budgets during the financial year. This regularisation shall be made in the framework of the establishment of the budget for the following year (n+2) and should be reflected in the call for funds.4. Information4.1. At the latest on 31 May of each financial year (n+1), the statement of appropriations corresponding to Eurostat's operational and administrative financial obligations, related to the previous financial year (n), shall be prepared and transmitted to Switzerland for information, according to the format of the Commission's revenue and expenditure account.4.2. The Commission shall communicate to Switzerland all other general financial data relating to Eurostat which is made available to EEA-EFTA States.--------------------------------------------------

Summary: EU–Switzerland agreement on statistics EU–Switzerland agreement on statistics SUMMARY OF: Agreement between the EU and Switzerland on cooperation in the field of statistics Decision 2006/233/EC adopting the agreement on EU–Swiss cooperation in the field of statistics WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION? The agreement seeks to: intensify an already fruitful working relationship between the European Commission (Eurostat) and the Swiss Federal Statistical Office; ensure that the contracting parties produce and disseminate coherent and comparable statistics for the policy areas covered by the agreement. The decision adopts an agreement on behalf of the European Community (the EU today) to cooperate with Switzerland in the field of statistics. KEY POINTS The parties agree to: develop and use harmonised statistical methods, definitions and classifications; ensure that their statistics comply with the principles of impartiality, reliability, objectivity, scientific independence, cost-effectiveness and confidentiality, as defined in the European Statistical Law (Regulation (EC) No 223/2009) and the European Statistics Code of Practice; avoid placing excessive burdens on businesses and organisations responding to surveys. Switzerland has to comply with the European legislation on statistics as described in Annex A of the agreement, as amended by Decision No 2/2019 of the European Union/Switzerland Statistical Committee. This includes the respect of statistical principles and confidentiality and the application of statistical nomenclatures. Moreover, Annex A contains legal acts relating to statistics on: business transport and tourism foreign trade demography and social aspects the economy agriculture the environment. Like the European Economic Area countries, which also submit data to Eurostat, the statistics submitted by Switzerland are governed by the rules governing the EU statistical programme. All of the statistical themes and fields covered by the statistical programme are also relevant to Switzerland. Each year, an EU/Switzerland annual statistical programme is drawn up in parallel with the overall EU statistical programme. A joint committee comprising the representatives of the contracting parties manages and implements the agreement. The committee can: revise the annexes to the agreement; decide on other measures to ensure the proper operation of the agreement. Swiss entities can participate in EU statistical programmes with the same rights and obligations as EU entities, but they are not entitled to any financial contribution from Eurostat. To cover the cost of its participation, Switzerland contributes financially to the statistical programme each year. The rules regarding this contribution are set out in Annex B to the agreement, as amended by Decision No 3/2010 of the European Union/Switzerland Statistical Committee. DATE OF ENTRY INTO FORCE The agreement entered into force on 1 January 2007. MAIN DOCUMENTS Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics (OJ L 90, 28.3.2006, pp. 2–20). Successive amendments to the agreement have been incorporated in the original text. This consolidated version is of documentary value only. Council Decision 2006/233/EC of 27 February 2006 on the conclusion of the Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics (OJ L 90, 28.3.2006, p. 1). RELATED DOCUMENTS Information relating to the entry into force of the Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics (OJ L 90, 28.3.2006, p. 21). Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, pp. 164–173). See consolidated version. last update 09.09.2021


EUR-Lex - 22005A1111(01) - EN Important legal notice | 22005A1111(01) Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil Official Journal L 295 , 11/11/2005 P. 0038 - 0043 Agreementfor scientific and technological cooperation between the European Community and the Federative Republic of BrazilTHE EUROPEAN COMMUNITY (hereinafter referred to as the Community),of the one part,andTHE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter referred to as Brazil),of the other part,hereinafter together referred to as the "Parties",HAVE AGREED AS FOLLOWS:Article IPurposeThe Parties shall encourage, develop and facilitate cooperative activities in areas of common interest by carrying out and supporting scientific and technological research and development activities.Article IIDefinitionsFor the purposes of this Agreement:(a) "cooperative activity" means any activity which the Parties undertake or support, pursuant to this Agreement, including joint research;(b) "information" means scientific or technical data, and research and development results or methods stemming from joint research and any other data deemed necessary by the participants to cooperative activities, including, as necessary, by the Parties themselves;(c) "intellectual property" shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property Organisation, signed at Stockholm on 14 July 1967;(d) "joint research" means research, technological development or demonstration projects that are implemented with or without financial support from one or both Parties and that involve collaboration between participants from both Brazil and the Community. "Demonstration projects" are projects aimed at demonstrating the viability of new technologies which offer a potential economic advantage but which cannot be directly commercialised. The Parties shall keep each other regularly informed on activities regarded as joint research activities under Article VI;(e) "participant" or "research entities" means any person or group of persons, research institute or any other legal entity or undertaking established in Brazil or in the Community involved in cooperative activities, including the Parties themselves.Article IIIPrinciplesCooperative activities shall be conducted on the basis of the following principles:(a) mutual benefit based on an overall balance of advantages;(b) reciprocal access to the activities of research and technological development undertaken by each Party;(c) timely exchange of information which may affect cooperative activities;(d) appropriate protection of intellectual property rights.Article IVCooperative activity areasCooperation under this Agreement may cover all the areas of mutual interest in which both Parties are implementing or supporting research and technological development activities (hereinafter referred to as RTD), in accordance with Article VI(3)(b). Such activities shall be designed to promote the advancement of science, industrial competitiveness, and economic and social development, with emphasis on the following areas:- biotechnology,- information and communication technologies,- bioinformatics,- space,- micro- and nanotechnologies,- materials research,- clean technologies,- management and sustainable use of environmental resources,- biosafety,- health and medicine,- aeronautics,- metrology, standardisation and conformity assessment, and- human sciences.Article VCooperation arrangements and cooperative activities1. The Parties shall encourage:(a) the participation of research entities in the cooperative activities covered by this Agreement, in accordance with their own internal policies and regulations, with a view to providing comparable opportunities for participation in their scientific research and technological development activities and making good use of the benefits thereof;(b) reciprocal access to the activities promoted by each Party under current national programmes or policies.2. Cooperative activities may take the following forms:(a) joint RTD projects;(b) visits and exchanges of scientists, researchers and technical experts;(c) joint organisation of scientific seminars, conferences, symposia and workshops, as well as the participation of experts in those activities;(d) concerted actions such as the pooling of RTD projects already implemented in accordance with the procedures applicable to the RTD programmes of each Party and scientific networks;(e) exchange and sharing of equipment and materials;(f) exchanges of information on practices, laws, regulations and programmes relevant to cooperation under this Agreement, including information on policy in the field of science and technology;(g) any other arrangements recommended by the Steering Committee to be established pursuant to Article VI, which are deemed compliant with the policies and procedures applicable in both Parties.3. Joint RTD projects shall be carried out only after the participants have concluded a Joint Technology Management Plan, as indicated in the Annex to this Agreement.Article VICoordination and implementation of cooperative activities1. The coordination and expediting of cooperative activities under this Agreement shall be accomplished on behalf of the Community by the services of the European Commission and on behalf of Brazil by the Ministry of Foreign Affairs, acting as executive agents.2. The executive agents shall establish a Steering Committee on scientific and technical cooperation which shall be responsible for the management of this Agreement. The committee shall be made up of official representatives of each Party, and shall draw up its own rules of procedure.3. The duties of the Steering Committee shall include:(a) proposing and supporting cooperative activities under this Agreement, in accordance with Article V;(b) indicating, for the following year, pursuant to Article V(1)(b), among the potential sectors for RTD cooperation, those priority sectors or subsectors of mutual interest in which cooperation is sought;(c) proposing the pooling of projects of mutual interest or complementary projects to researchers in both Parties;(d) making recommendations pursuant to Article V(2)(g);(e) advising the Parties on ways to enhance and improve cooperation consistent with the principles set out in this Agreement;(f) reviewing the efficient implementation and functioning of this Agreement;(g) providing an annual report to the Parties on the status, the level reached and the effectiveness of cooperation undertaken under this Agreement. This report shall be transmitted to the Joint Committee established under the Framework Cooperation Agreement concluded between the Parties on 29 June 1992.4. The Steering Committee, which reports to the Joint Committee, shall, as a general rule, meet annually, preferably before the meeting of the Joint Committee, according to a schedule agreed jointly in advance. The meetings should be held alternately in the Community and in Brazil. Extraordinary meetings may be held at the request of either Party.5. The costs incurred by representatives in attending the Steering Committee meetings shall be borne by the Party they represent.Article VIIFundingCooperative activities shall be subject to the availability of sufficient funds and to the applicable laws, regulations, policies and programmes of the Parties. The costs incurred by the participants in cooperative activities shall not, as a general rule, be settled by the transfer of funds from one Party to the other.Article VIIIEntry of personnel and equipment1. Each Party shall take all appropriate steps and use its best efforts, within the laws and regulations applicable in the territories of each Party, to facilitate entry to, sojourn in, and exit from its territory, of persons, material, data and equipment related to or used in cooperative activities developed by the Parties under the provisions of this Agreement, which shall be granted exemptions from taxes and customs duties, pursuant to the legislative and regulatory provisions applicable in the territories of each Party.2. Where the specific cooperation arrangements of one Party provide for financial aid to be granted to the participants of the other Party, the grants, financial contributions or similar given by one Party to the participants of the other Party in support of these activities shall be given tax and customs exemptions, pursuant to the legislation applicable in the territories of each Party.Article IXIntellectual propertyMatters of intellectual property arising under this Agreement shall be handled in accordance with the Annex which forms an integral part of this Agreement.Article XCommunity activities in favour of developing countriesThis Agreement shall not affect the participation of Brazil, as a developing country, in Community activities in the field of research for development.Article XITerritorial applicationThis Agreement shall apply, on the one hand to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, and on the other hand to the territory of the Federative Republic of Brazil.Article XIIEntry into force, termination and dispute settlement1. This Agreement shall enter into force on the date on which both parties have notified each other in writing that the respective internal procedures necessary for it to enter into force have been completed.2. This Agreement shall initially be valid for a period of five years and may be renewed by agreement between the Parties after evaluation during the penultimate year of each subsequent renewal period.3. This Agreement may be amended by agreement of the Parties. Amendments shall enter into force under the same conditions as those mentioned in paragraph 1.4. This Agreement may be terminated at any time by either Party upon six months’ written notice to the other Party sent through diplomatic channels. The expiry or termination of this Agreement shall not affect the validity or duration of any joint research projects in progress under it, or any specific rights and obligations which have accrued in compliance with the Annex.5. All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by agreement between the Parties.Done at Brasilia, on the nineteenth day of January in the year two thousand and four, in two originals, in Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish, all versions being equally authentic. In the event of a difference in interpretation between any of these languages, the English text shall take precedence.Por la Comunidad EuropeaFor Det Europæiske FællesskabFür die Europäische GemeinschaftΓια την Ευρωπαϊκή ΚοινότηταFor the European CommunityPour la Communauté européennePer la Comunità europeaVoor de Europese GemeenschapPela Comunidade EuropeiaEuroopan yhteisön puolestaPå Europeiska gemenskapens vägnarPor la República Federativa de BrasilFor Den Føderative Republik BrasilienFür die Föderative Republik BrasilienΓια την Ομοσπονδιακή Δημοκρατία της ΒραζιλίαςFor the Federative Republic of BrazilPour la République fédérative du BrésilPer la Repubblica Federativa del BrasileVoor de Federale Republiek BraziliëPela República Federativa do BrasilBrasilian liittotasavallan puolestaFör Förbundsrepubliken Brasilien--------------------------------------------------ANNEXINTELLECTUAL PROPERTYIn accordance with Article IX of this Agreement:The Parties shall ensure that the intellectual property created under this Agreement is protected appropriately and effectively.The Parties undertake to inform each other in a timely fashion of any inventions or other works produced under this Agreement which may generate intellectual property rights.I. SCOPEA. For the purposes of this Agreement, "intellectual property" shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (WIPO), signed at Stockholm on 14 July 1967.B. This Annex does not otherwise alter or prejudice the allocation of rights, interests and intellectual property between a Party and its nationals or participants, which will be determined by the laws and practices of each Party.C. Intellectual property disputes arising will be settled by consultation between the participating institutions concerned or, if necessary, by the Parties or their authorised representatives. If agreed by the Parties, disputes may be submitted to an arbitration tribunal, in accordance with the international law provisions applicable in the case. Unless decided otherwise and approved in writing by the Parties or by their authorised representatives, the arbitration standards of the United Nations Commission on International Trade Law (UNCITRAL) will apply.D. Should either Party believe that a particular joint research project under this Agreement has led, or will lead, to the creation or granting of a type of intellectual property that is not protected by the legislation applicable in the territory of the other Party, the Parties shall immediately hold discussions to find a mutually acceptable solution in accordance with the applicable legislation.II. ALLOCATION OF RIGHTSA. Each Party, subject to the terms of their own national legislation, may, by means of a contract, have non-exclusive, irrevocable, royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute the articles, reports and technical and scientific books generated directly by the cooperative activities covered by this Agreement, provided that the legal provisions on the ownership and transfer of copyright for the creation of the work are respected. All the copies of works subject to copyright produced in line with these provisions and publicly distributed must mention the names of the authors, except where the authors have specifically declined that right.B. Rights for all forms of intellectual property not described in Section II A will be allocated as follows:1. Visiting researchers, such as scientists visiting primarily in furtherance of their education, shall receive intellectual property rights under arrangements with their host institutions in accordance with the provisions of the relevant national legislation on the subject. In addition, each visiting researcher named as an inventor shall be entitled, in the same way that the researchers of the host institution are entitled, to a proportional share of any royalties received by the host institution under the licence for the use of the intellectual property.2. Regarding the intellectual property which is or may be created by joint research, the participants will draw up a joint technology management plan to be negotiated in the form of a written contract between the participants in joint research projects establishing in advance the fair and balanced distribution of results or any benefits deriving from the cooperation, considering the relative contribution of the Parties or their participants, and strictly complying with the laws on intellectual property in force in each Party and the international agreements on intellectual property to which the Parties are signatories.(a) If the Parties or their participants did not adopt a joint technology management plan in the initial phase of cooperation and if they cannot reach an agreement within a reasonable period, not more than six months, of a Party becoming aware of the creation or likely creation of the intellectual property in question as a result of the joint research, then the Parties must immediately hold discussions in order to find a mutually acceptable solution. Pending resolution of the matter, such intellectual property shall be owned jointly by the Parties or their participants, unless jointly agreed otherwise.(b) If a joint research project carried out under this Agreement leads to a creation likely to be protected by intellectual property rights which are not covered by the legislation in force in one of the Parties, the Parties must immediately hold discussions in order to find a mutually acceptable solution in accordance with the applicable legislation.III. CONFIDENTIAL INFORMATIONA. Each Party and its participants must protect any business and/or industrial secrets identified as confidential generated or supplied under this Agreement in accordance with the applicable laws, regulations and practices, as agreed between the Parties.B. No Party or participant may divulge information identified as confidential without prior authorisation, except to employees that belong to the categories of officials, contractors or subcontractors; the release of information must be strictly limited to the parties involved in the joint research project agreed between the participants, and/or authorised personnel of government bodies associated with the project or this Agreement.C. The information may be divulged only to parties with written authorisation and must, in no case, be released more widely than is strictly necessary for the execution of tasks, duties or contracts associated with the information released.D. The recipients of confidential information shall undertake in writing to keep such information confidential, and the Parties must ensure that this obligation is fulfilled.E. A Party must immediately notify the other Party if it is, or is likely to be, unable to guarantee not to divulge confidential information. The Parties will consult each other to determine what measures are appropriate in such a case.--------------------------------------------------

Summary: Scientific and technological cooperation between the EU and Brazil Scientific and technological cooperation between the EU and Brazil SUMMARY OF: Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil Decision 2005/781/EC — conclusion of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION? The agreement establishes a formal system for cooperation aiming at encouraging, developing and facilitating activities in science and technology fields of common interest. By its decision, the Council approved the conclusion of the agreement on behalf of the European Community (now the EU). KEY POINTS Activities conducted under the agreement are based on a set of principles: mutual benefit; reciprocal access; timely exchange of information; appropriate protection of intellectual property. Fields of cooperation Cooperative activities must be designed to promote: the advancement of science; industrial competitiveness; economic and social development. There should be an emphasis on the following fields: biotechnology; information and communication technologies; bioinformatics; space; micro and nano-technologies; materials research; clean technologies; management and sustainable use of environmental resources; biosafety; health and medicine; aeronautics; metrology, standardisation and conformity assessment human sciences. Activities Cooperative activities may include the following: joint research and technological development (RTD) projects; visits and exchanges of scientists, researchers and technical experts; joint organisation of scientific seminars, conferences, symposia and workshops, as well as the participation of experts in those activities; concerted actions such as the pooling of RTD projects; exchange and sharing of equipment and materials; exchanges of information on practices, laws, regulations and programmes relevant to cooperation under this agreement, including information on policy in the field of science and technology. FROM WHEN DOES THE AGREEMENT APPLY? The agreement entered into force on 7 August 2007 for an initial period of 5 years. It has been renewed twice, most recently in 2017, for an additional period of 5 years. BACKGROUND EU-Brazil relations are based on a strategic partnership established in 2007, as well as through the EU’s cooperation agreement with Mercosur. For more information, see: Brazil and the EU (European External Action Service) For more information about Research & Innovation (R&I) cooperation with Brazil, see: International Research and Innovation cooperation with Brazil (European Commission). MAIN DOCUMENTS Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil (OJ L 295, 11.11.2005, pp. 38-43) Council Decision 2005/781/EC of 6 June 2005 on the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil (OJ L 295, 11.11.2005, p. 37) RELATED DOCUMENTS Council Decision (EU) 2018/343 of 5 March 2018 concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil (OJ L 67, 9.3.2018, pp. 1-2) Council Decision 2012/646/EU of 10 October 2012 concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil (OJ L 287, 18.10.2012, p. 4) Framework Agreement for Cooperation between the European Economic Community and the Federative Republic of Brazil (OJ L 262, 1.11.1995, pp. 54-65) last update 17.08.2018