EUR-Lex - 41999X0506 - EN Avis juridique important | 41999X0506 Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 22 April 1999 on a Code of Conduct for improved cooperation between authorities of the Member States concerning the combating of transnational social security benefit and contribution fraud and undeclared work, and concerning the transnational hiring-out of workers Official Journal C 125 , 06/05/1999 P. 0001 - 0003 RESOLUTION OF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCILof 22 April 1999on a Code of Conduct for improved cooperation between authorities of the Member States concerning the combating of transnational social security benefit and contribution fraud and undeclared work, and concerning the transnational hiring-out of workers(1999/C 125/01)THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,1. CONSIDERING that cooperation between the Member States concerning transnational employment issues should be improved, in order to avoid negative consequences for the protection of workers and for the functioning of the labour market,2. RECOGNISING that an improved cooperation and exchange of information will have positive effects on the employment situation and the protection of workers, in particular in the following areas:- the combating of transnational social security benefit and contribution fraud (hereinafter referred to as "social security fraud"),- the combating of undeclared work, and- the transnational hiring-out of workers,3. RECALLING that in its Communication on undeclared work the Commission called for coordinated action at European Union level to combat undeclared work,4. RECOGNISING that, as a first step, it is desirable that the emphasis be placed on ensuring better cooperation between Member States in combating social security fraud, in combating undeclared work and in the field of the transnational hiring-out of workers,5. RECALLING that some provision is made for cooperation between authroities in respect of social security benefits and contributions in Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social securtiy schemes to employed persons, self-employed persons and to members of their families moving within the Community(1), including relevant decisions and recommendations by the Administrative Commission on Social Security for migrant workers, and in respect of transnational posting of workers by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services(2),6. CONSIDERING also that existing structures and procedures offer a means for transnational cooperation and in particular in the context of Article 4 of Directive 96/71/EC,7. CONSIDERING that in areas which fall outside these provisions it is desirable to encourage improved bilateral cooperation and exchange of information between Member States in the areas covered by this Resolution by means of a non-binding Code of Conduct, using existing structures and procedures,8. CONSIDERING the importance of the social security services and, where they exist and have the relevant competence, of the labour inspection services of the Member States for the implementation of this Code of Conduct,9. RECALLING that in its ruling of 17 December 1981 (Case 279/80, WEBB) the Court of Justice of the European Communities held that Article 59 of the Treaty establishing the European Community does not preclude a Member State which requires agencies for the provision of manpower to hold a licence from requiring a provider of services established in another Member State and pursuing activities on the territory of the first Member State to comply with that condition even if he holds a licence issued by the State in which he is established, provided, however, that in the first place when considering applications for licences and in granting them, the Member State in which the service is provided makes no distinction based on the nationality of the provider of the services or his place of establishment, and, in the second place, that it takes into account the evidence and guarantees already produced by the provider of the services for the pursuit of his activities in the Member State in which he is established,10. RECOGNISING the importance of protecting the fundamental right to privacy with respect to the processing of personal data, as guaranteed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(3), and by Article 84(5) of Regulation (EEC) No 1408/71,11. RECALLING that this Code of Conduct represents a political commitment and therefore does not affect the rights, obligations and responsibilities of the Member States and of the European Community, including existing bilateral and multilateral arrangements on cooperation between the authorities or bodies of the Member States,HEREBY ADOPT THIS RESOLUTION:THE MEMBER STATES are invited to observe, in accordance with national law and practice, the following Code of Conduct for improved cooperation between authorities of the Member States concerning the combating of transnational social security benefit and contribution fraud and undeclared work, and concerning the transnational hiring-out of workers:A. OBJECTIVE AND SCOPE OF THE CODE OF CONDUCT1. The objective of this Code of Conduct is, in cases where at least two Member States are involved, to improve cooperation between the competent authorities and institutions ("bodies") of the Member States in combating social security fraud, in combating undeclared work, and in the field of transnational hiring-out of workers.2. For the purpose of this Code af Conduct:(a) "social security fraud" shall mean any act or omission to act, in order to obtain or receive social security benefit or to avoid obligations to pay social security contributions, contrary to the law of a Member State;(b) "undeclared work" shall mean any paid activities that are lawful as regards their nature, but not declared in conformity with national law and practice. In any case, this definition must not be more restrictive than the legislation in force in each Member State;(c) "transnational hiring-out of workers" shall mean the hiring-out of workers by an employer in a Member State for the purpose of providing services to a user in another Member State with continuation of the employment relationship between the workers and the employer; this Code of Conduct shall not be understood as allowing the hiring-out of workers in Member States where this is not permitted by national law.B. SPECIFIC ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION AND ASSISTANCE1. Member States are invited to take the following steps and adopt the following procedures, in accordance with national law and practice, to improve cooperation between the competent bodies in combating social security fraud and undeclared work, and in verifying whether the requirements and conditions for transnational hiring-out of workers are fulfilled:(a) direct communication between competent bodies in the framework of cooperation;(b) the designation of national liaison offices in the Member States in order to facilitate cooperation, and their notification to the other Member States and to the Commission; no new structures need to be set up for this purpose;(c) the forwarding of any request for cooperation to the competent body of a Member State; the requesting body of the other Member State shall be informed thereof;(d) the reciprocal provision of administrative assistance between the competent bodies of the Member States, in particular in the form of the supply of information and transmission of documents.2. In respect of data transmission, the Member States are invited to encourage cooperation between their competent bodies, consisting in particular in replying to reasoned requests from bodies in other Member States for information on social security benefits and contributions, presumed undeclared work, and transnational hiring-out of workers.In all cases of data transmission, the Member States involved shall apply all relevant national and Community laws and legislation providing for the protection of the right to privacy with respect to the processing of personal data.3. In respect of verification of certificates, when the matter is open to doubt, Member States, in accordance with national law and practice, are encouraged to provide mutual administrative assistance to each other in the verification of the authenticity of certificates relating to circumstances which are relevant to areas covered by this Code of Conduct.4. In respect of the transmission of documents:(a) documents relating to cases of social security fraud, undeclared work and transnational hiring-out of workers may be transmitted by mail;(b) the body which has transmitted a document by mail is invited to communicate to the requesting body a certificate of transmission or an acknowledgement of receipt personally signed by the addressee and indicating the place and date of receipt.C. FOLLOW-UP OF THE RESOLUTIONMember States are invited to keep the Commission informed on measures taken in implementing this Resolution.(1) OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 307/1999 (OJ L 38, 12.2.1999, p. 1).(2) OJ L 18, 21.1.1997, p. 1.(3) OJ L 281, 23.11.1995, p. 31.

Summary: Combating social security fraud and undeclared work (Code of conduct) Combating social security fraud and undeclared work (Code of conduct) The purpose of the Resolution is to combat transnational social security fraud and undeclared work. It suggests measures and procedures to the Member States for cooperation and the reciprocal provision of administrative assistance. ACT Resolution of the Council and representatives of the governments of the Member States meeting within the Council of 22 April 1999 on a code of conduct for improved cooperation between authorities of the Member States concerning the combating of transnational social security benefit and contribution fraud and undeclared work, and concerning the transnational hiring-out of workers [PDF][Official Journal C 125 of 6.5.1999]. SUMMARY Member States are invited to take the necessary steps and adopt the required procedures with a view to improving cooperation in the relevant areas, using the following practical means of cooperation and reciprocal provision of administrative assistance: direct communication between competent bodies; designation of national liaison offices in the Member States with a view to facilitating cooperation, and their notification to the other Member States and to the Commission; forwarding of any request for cooperation to the competent body of a Member State; reciprocal provision of administrative assistance between the competent bodies (supply of information, transmission of documents). Member States are to encourage cooperation between their competent bodies in respect of data transmission and requests for information, while protecting the right to privacy in the processing of personal data. Member States are invited to keep the Commission informed of measures taken in implementing this resolution. Background In cases where at least two Member States are involved, the code of conduct aims to improve cooperation between the competent authorities and institutions of the Member States in combating social security fraud * and undeclared work *, as well as in the area of the transnational hiring-out of workers *. Key terms used in the act Social security fraud: any act or omission to act, in order to obtain or receive social security benefit or to avoid obligations to pay social security contributions, contrary to the law of a Member State. Undeclared work: any paid activities that are lawful as regards their nature, but not declared in conformity with national law and practice. Transnational hiring-out of workers: the hiring-out of workers by an employer for the purpose of providing services to a user in another Member State, whose national legislation so permits, with continuation of the employment relationship between the workers and the employer. Last updated: 04.07.2006


EUR-Lex - 31999R0530 - EN Avis juridique important | 31999R0530 Council Regulation (EC) No 530/1999 of 9 March 1999 concerning structural statistics on earnings and on labour costs Official Journal L 063 , 12/03/1999 P. 0006 - 0010 COUNCIL REGULATION (EC) No 530/1999 of 9 March 1999 concerning structural statistics on earnings and on labour costsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 213 thereof,Having regard to the draft Regulation submitted by the Commission,Whereas, in order to carry out the tasks assigned to it, the Commission should be kept informed of the level and composition of labour costs and of the structure and distribution of earnings in the Member States;Whereas the development of the Community and the operation of the internal market increase the need for comparable data on the level and composition of labour costs and on the structure and distribution of earnings, particularly as a means of analysing the progress of economic and social cohesion and for establishing reliable and relevant comparisons between the Member States and the regions of the Community;Whereas the best method of assessing the situation as regards labour costs and earnings is to compile Community statistics using harmonised methods and definitions as has been done on earlier occasions, most recently for 1996 in the case of the level and composition of labour costs pursuant to Regulation (EC) No 23/97 (1) and for 1995 in the case of the structure and distribution of earnings pursuant to Regulation (EC) No 2744/95 (2);Whereas, to reflect changes taking place in the structure of the labour force, in the distribution of earnings, and in the composition of expenditure by enterprises on wages and related employers' contributions, the statistics need to be regularly updated;Whereas, pursuant to Regulation (EC) No 2223/96 (3) the European System of National and Regional Accounts in the European Community (ESA-95) is the term of reference for standards, definitions and accounting practices in the Member States in order to meet the Community needs; whereas this necessitates the establishment of complete, reliable and comparable statistical sources at national and regional level; whereas the levels of breakdown to be applied to the variables are limited to what is necessary to ensure comparability with previous statistics and compatibility with national accounts requirements;Whereas the European Central Bank (ECB) needs information on the level and composition of labour costs and on the structure and distribution of earnings in order to assess the economic development in the Member States in the context of a single European monetary policy;Whereas statistical information in this field is available only in certain Member States and valid comparisons cannot therefore be made; whereas Community statistics should consequently be produced and the results processed on the basis of common definitions and harmonised methodologies, taking into account the standards approved by relevant international organisations;Whereas presently not all Member States collect complete data in sections M (Education), N (Health and social work) and O (Other Community, social and personal service activities); whereas it is therefore appropriate to decide on their possible inclusion in the scope of this Regulation in the light of a report to be submitted by the Commission on the basis of pilot studies on the feasibility of collecting complete data in these sectors;Whereas although the importance of complete data of all segments of the economy should be fully recognised, it should be carefully weighed against the reporting possibilities and the response burden in specific areas, in particular in relation to small and medium-sized enterprises (SMEs); whereas it is therefore appropriate for the Commission to carry out pilot studies on the feasibility of collecting complete data from statistical units with less than ten employees and that the Council decides on this matter in the light of a report to be submitted by the Commission, within four years of the entry into force of this Regulation; whereas the use of administrative records may be helpful in the meanwhile and should be encouraged;Whereas, in accordance with the principle of subsidiarity, the creation of common statistical standards enabling harmonised information to be produced is a proposed action the objectives of which can, by reason of its scale or effects be better achieved by the Community; whereas these standards will be implemented in each Member State on the authority of the agencies and institutions appointed to compile Community statistics;Whereas it seems appropriate to make provisions for exceptions for certain Member States, in order to take account of particular technical difficulties encountered by such States in the collection of certain types of information, provided that the quality of the statistical information is not seriously affected;Whereas the production of specific Community statistics is governed by the rules set out in Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (4);Whereas the Statistical Programme Committee established by Decision 89/382/EEC, Euratom (5) has been consulted in accordance with Article 3 of the aforesaid Decision,HAS ADOPTED THIS REGULATION:Article 1 General provisions The national authorities and Eurostat shall produce Community statistics on the level and composition of labour costs and on the structure and distribution of employees' earnings, in the economic activities defined in Article 3.Article 2 Reference period 1. The statistics on the level and composition of labour costs shall be produced for the calendar year 2000 and at four-yearly intervals thereafter.2. The statistics on the structure and distribution of earnings shall be produced for the calendar year 2002 and for a representative month in that year, and at four-yearly intervals thereafter.Article 3 Scope 1. The statistics shall cover all economic activities defined in sections C (Mining and quarrying), D (Manufacturing), E (Electricity, gas and water supply), F (Construction), G (Wholesale and retail trade; repair of motor vehicles, motorcycles and personal and household goods), H (Hotels and restaurants), I (Transport, storage and communications), J (Financial intermediation), K (Real estate, renting and business activities), M (Education), N (Health and social work) and section O (Other community, social and personal service activities) of the general industrial classification of economic activities in the European Community, hereinafter referred to as 'NACE Rev. 1` established by Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (6).2. The inclusion of economic activities defined in sections M (Education), N (Health and social work) and O (Other Community, social and personal service activities) of NACE Rev. 1 in the scope of this Regulation shall be optional for the reference years 2000 and 2002. They may also be made optional for the subsequent years in accordance with the procedure set out in Article 12, taking into account the results of pilot studies in this area, in particular those under Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics (7).Article 4 Taking into account the views of the Statistical Programme Committee, the Commission shall, within four years of the date of entry into force of this Regulation, compile a report taking into account the results of pilot studies, in particular, on the basis of existing sources in the area of statistical units with less than ten employees, and submit it to the Council. The report shall assess the application of the provisions of this Regulation relating to units with less than ten employees. The report shall weigh the importance of complete data against the reporting possibilities and the response burden. Following this report the Commission may, if necessary, submit appropriate initiatives to the Council for the amendment of this Regulation.Article 5 Statistical units The compilation of the statistics shall be based on local units and enterprises as defined in 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 (8).Article 6 Characteristics of the required information 1. In the case of statistics on the level and composition of labour costs, information shall be provided at least on:(a) the following characteristics relating to the local unit:- the region (at NUTS 1 level),- the size of the enterprise to which the local unit belongs (classified as one of the following: 10-49, 50-249, 250-499, 500-999, 1 000 or more employees),- the economic activity (at the division level of NACE Rev. 1);(b) the following variables:- total annual labour costs, distinguishing wages and salaries (broken down into direct remuneration and bonuses, payments to employees' savings schemes, payment for days not worked and wages and salaries in kind), the employer's social contributions, (broken down into actual and imputed social contributions), vocational training costs, other expenditure and taxes, and also subsidies directly related to labour costs,- the average annual number of employees, distinguishing full-time employees, part-time employees, and apprentices,- the annual number of hours worked and the annual number of hours paid, in each case distinguishing full-time employees, part-time employees, and apprentices.2. In the case of statistics on the structure and distribution of earnings, information shall be provided at least on:(a) the following characteristics relating to the local unit to which the sampled employees are attached:- the region (at NUTS 1 level),- the size of the enterprise to which the local unit belongs (classified as one of the following: 10-49, 50-249, 250-499, 500-999, 1 000 or more employees),- the economic activity (at the devision level of NACE Rev. 1),- the form of economic and financial control within the meaning of Commission Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings (9),- the type of collective pay agreement in force;(b) the following characteristics relating to each employee in the sample:- sex,- age,- occupation classified according to the International Standard Classification of Occupations,- highest completed level of education and training,- length of service in the enterprise,- whether full time or part time,- type of employment contract,(c) the following details of earnings:- gross earnings for a representative month (distinguishing separately earnings related to overtime and special payments for shift work),- gross annual earnings in the reference year (distinguishing separately bonuses paid irregularly),- working-time (the number of hours paid in a standard working month, the number of overtime hours paid in the month and the annual leave entitlement).Article 7 Data collection 1. Surveys shall be carried out through the appropriate national authorities, which shall draw up the appropriate methods for collecting the information, taking into account the response burdens, notably on SMEs.2. Employers and other persons required to supply information shall reply to the questions completely and within the time limits set. The Member States shall take appropriate measures to avoid infringement of the obligation to supply the information referred to in Article 6.3. In order to reduce the burden on enterprises, particularly on SMEs, surveys need not be carried out if the national authorities have information from other appropriate sources or are able to produce estimates of necessary data using statistical estimation procedures where some or all of the characteristics have not been observed for all the units for which the statistics are to be compiled.Article 8 Processing of results The national authorities shall process the replies to the questions referred to in Article 7(2) or the information from other sources, as referred to in Article 7(3), so as to obtain comparable results.Article 9 Forwarding of results The results shall be forwarded to Eurostat within a period of 18 months from the end of the reference year.Article 10 Quality 1. The national authorities shall ensure that the results reflect the true situation of the total population of units with a sufficient degree of representativity.2. The national authorities shall forward to Eurostat at its request after each reference period a report containing all relevant information relating to the implementation of the Regulation in the Member State concerned, to enable the quality of the statistics to be evaluated.Article 11 Implementation measures The measures necessary for the implementation of this Regulation, including measures to take account of economic and technical changes, and in particular:(i) the treatment of economic activities defined in sections M, N and O of NACE Rev. 1 (Article 3(2));(ii) the definition and breakdown of the information to be provided (Article 6);(iii) the appropriate technical format for the transmission of the results (Article 9);(iv) quality evaluation criteria (Article 10);(v) derogations, in duly justified cases, for periods 2004 and 2006, respectively (Article 13(2)),shall be laid down for each reference period at least nine months before the beginning of the reference period, in accordance with the procedure set out in Article 12.Article 12 Procedure 1. The Commission shall be assisted by the Statistical Programme Committee, hereinafter referred to as 'the Committee`.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 13 Derogations 1. Derogations from the provisions of Articles 2, 3 and 6 for the reference years 2000 and 2002 are set out in the Annex.2. For the years 2004 and 2006, respectively, derogations from Articles 3 and 6 may be decided insofar as the national statistical system requires major adaptations, in accordance with the procedure set out in Article 12.Article 14 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 9 March 1999.For the CouncilThe PresidentW. RIESTER(1) OJ L 6, 10. 1. 1997, p. 1.(2) OJ L 287, 30. 11. 1995, p. 3.(3) OJ L 310, 30. 11. 1996, p. 1. Regulation as amended by Regulation (EC) No 448/98 (OJ L 58, 27. 2. 1998, p. 1).(4) OJ L 52, 22. 2. 1997, p. 1.(5) OJ L 181, 28. 6. 1989, p. 47.(6) OJ L 293, 24. 10. 1990, p. 1. Regulation as amended by Regulation (EEC) No 761/93 (OJ L 83, 3. 4. 1993, p. 1).(7) OJ L 14, 17. 1. 1997, p. 1.(8) OJ L 76, 30. 3. 1993, p. 1.(9) OJ L 195, 29. 7. 180, p. 35. Directive as last amended by Directive 93/84/EEC (OJ L 254, 12. 10. 1993, p. 16).ANNEX DEROGATIONS I. Derogations from Article 2 1. Germany: the first statistics on the structure and distribution of earnings under this Regulation shall be produced for the reference year 2001 instead of 2002. Subsequent statistics on the structure and distribution of earnings shall be produced for the reference year 2006 and at four-yearly intervals thereafter.2. France, Germany, Ireland, Sweden, and the United Kingdom: the statistics for the reference years 2000 and 2002 may refer to the financial year most closely corresponding to these calendar years, but this will not affect the deadlines for forwarding the data referred to in Article 9.II. Derogations from Article 3 1. Germany: the economic activities defined in sections H (Hotels and restaurants), I (Transport, storage and communications) and K (Real estate, renting and business activities) of NACE Rev. 1 shall be optional for the reference years 2000 and 2001.2. Ireland: the economic activities defined in section H (Hotels and restaurants) shall be optional for the reference year 2000.3. Ireland: the economic activities defined in sections I (Transport, storage and communications), division 67 of section J and section K (Real estate, renting and business activities) of NACE Rev. 1 shall be optional for the reference year 2002.III. Derogations from Article 6 1. Austria, Belgium, Italy and the Netherlands: for the reference years 2000 and 2002, the characteristics referred to in Article 6 may refer to the enterprise instead of the local unit.2. Italy: for the reference year 2000 the characteristics referred to in Article 6(1)(b): payments to employees' savings schemes, other expenditures and taxes paid and also subsidies received by the employer shall be optional.

Summary: Statistics on earnings and labour costs Statistics on earnings and labour costs SUMMARY OF: Regulation (EC) No 530/1999 – comparable EU figures for earnings and labour costs WHAT IS THE AIM OF THE REGULATION? It aims to help the EU to formulate its policies, on the basis of reliable and comparable statistics from across the EU, in all regions and for all social and economic fields. To this end, Regulation (EC) No 530/199 sets out what type of data statistical authorities across the EU should collect, and how they should do it. KEY POINTS National authorities in EU countries and Eurostat cooperate to produce EU statistics, to compare labour costs and earnings. Every 4 years, Eurostat publishes data and analyses for each of these fields, with the subject alternating every 2 years, e.g.: in 2014 - earnings in 2016 - labour costs in 2018 - earnings, etc. These are used to develop EU policies for businesses and employees and to analyse the EU’s growth and its economic and social cohesion. Types of information collected Labour costs Regarding the level and composition of labour costs, the information must enable statistics to be produced on: the business or production unit for which employees work, especially the region where it is based, its size and sector of activity; total annual labour costs (wages and salaries, social contributions, vocational training costs, etc.); the average annual number of employees, including part-timers and apprentices; the annual number of hours worked and paid. Earnings Regarding the structure and distribution of earnings, the information to be collected must include data on: the business or the local unit for which employees work, especially items such as the form of economic and financial control and the type of collective agreement applied in the business, etc.; employees (sex, age, occupation, level of education and training, length of service, full-time or part-time, type of employment contract); gross earnings and number of hours paid. Data collection and processing of results The relevant national authorities define the appropriate methods for collecting the information and ensure that employers comply with the obligation to supply the information within the fixed deadlines. However, surveys conducted in businesses are optional if precise estimates can be produced from other appropriate sources. The national authorities must process the replies in a consistent manner, so that the results are comparable. The results are forwarded to Eurostat within 18 months of the end of the reference year. Details on how the data must be collected and the format in which they should be transmitted to Eurostat are laid down in 2 implementing acts (Regulation (EC) Nos 1726/1999 and 1916/2000). Quality National authorities must ensure that their results provide an accurate representations of the situation in their country. After each reference period, they forward a report to Eurostat about how the regulation is being implemented in their country so Eurostat can evaluate the quality of the data. The content and evaluation criteria for the report are set out in Regulation (EC) No 698/2006. FROM WHEN DOES THE REGULATION APPLY? It has applied since 1 April 1999. BACKGROUND For more information, see: ‘Wages and labour costs’ on Eurostat's website MAIN DOCUMENT Council Regulation (EC) No 530/1999 of 9 March 1999 concerning structural statistics on earnings and on labour costs (OJ L 63, 12.3.1999, pp. 6–10) Successive amendments to Regulation (EC) No 530/1999 have been incorporated in the original text. This consolidated version is of documentary value only. RELATED ACTS 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 of information on labour costs (OJ L 203, 3.8.1999, pp. 28–40) See consolidated version. 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, pp. 3–13) See consolidated version. Commission Regulation (EC) No 698/2006 of 5 May 2006 implementing Council Regulation (EC) No 530/1999 as regards quality evaluation of structural statistics on labour costs and earnings (OJ L 121, 6.5.2006, pp. 30–35) See consolidated version. last update 27.07.2016


EUR-Lex - 22002A0430(02) - EN Avis juridique important | 22002A0430(02) Agreement between the European Community and the Swiss Confederation on Air Transport - Final Act - Joint Declarations - Information relating to the entry into force of the seven Agreements with the Swiss Confederation in the sectors free movement of persons, air and land transport, public procurement, scientific and technological cooperation, mutual recognition in relation to conformity assessment, and trade in agricultural products Official Journal L 114 , 30/04/2002 P. 0073 - 0090 Agreementbetween the European Community and the Swiss Confederation on Air TransportTHE SWISS CONFEDERATIONhereinafter referred to as "Switzerland",andTHE EUROPEAN COMMUNITY,hereinafter referred to as "the Community",hereinafter referred to as "the Contracting Parties",RECOGNISING the integrated character of international civil aviation and desiring that regulations for intra-European air transport be harmonised;DESIRING to set out rules for civil aviation within the area covered by the Community and Switzerland, rules which are without prejudice to those contained in the Treaty establishing the European Community (hereinafter referred to as the "EC Treaty") and in particular to existing Community competences under Articles 81 and 82 of the EC Treaty and the competition rules derived therefrom;AGREEING that it is appropriate to base these rules on the legislation which is in force within the Community at the time of signature of this Agreement;DESIRING to prevent, in full deference to the independence of the courts, divergent interpretations and to arrive at as uniform an interpretation as possible of the provisions of this Agreement and the corresponding provisions of Community law which are substantially reproduced in this Agreement,HAVE AGREED AS FOLLOWS:CHAPTER 1ObjectivesArticle 11. This Agreement sets out rules for the Contracting Parties in the field of civil aviation. These provisions are without prejudice to those contained in the EC Treaty and in particular to existing Community competences under the competition rules and the regulations of application of such rules, as well as under all relevant Community legislation listed in the Annex to this Agreement.2. For this purpose, the provisions laid down in this Agreement as well as in the regulations and directives specified in the Annex shall apply under the condition set out hereafter. Insofar as they are identical in substance to corresponding rules of the EC Treaty and to acts adopted in application of that Treaty, those provisions shall, in their implementation and application, be interpreted in conformity with the relevant rulings and decisions of the Court of Justice and the Commission of the European Communities given prior to the date of signature of this Agreement. The rulings and decisions given after the date of signature of this Agreement shall be communicated to Switzerland. At the request of one of the Contracting Parties, the implications of such latter rulings and decisions shall be determined by the Joint Committee in view of ensuring the proper functioning of this Agreement.Article 2The provisions of this Agreement and its Annex shall apply to the extent that they concern air transport or matters directly related to air transport as mentioned in the Annex to this Agreement.CHAPTER 2General ProvisionsArticle 3Within the scope of this Agreement, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.Article 4Within the scope of this Agreement and without prejudice to the provisions of Council Regulation (EEC) No 2407/92, as included in the Annex to this Agreement, there shall be no restrictions on the freedom of establishment of nationals of an EC Member State or Switzerland in the territory of any of these States. This shall also apply to the setting up of agencies, branches and subsidiaries by nationals of any EC Member State or Switzerland established in the territory of any of these States. Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of Article 5, paragraph 2, under the conditions laid down for its own nationals by the law of the country where such establishment is effected.Article 51. Within the scope of this Agreement, companies or firms formed in accordance with the law of an EC Member State or Switzerland and having their registered office, central administration or principal place of business within the Community or Switzerland shall be treated in the same way as natural persons who are nationals of EC Member States or Switzerland.2. "Companies or firms" means companies or firms constituted under civil or commercial law, including cooperative societies, and other legal persons governed by public or private law, save for those which are non-profit-making.Article 6Articles 4 and 5 shall not apply, as far as a Contracting Party is concerned, to activities which in that Contracting Party are connected, even occasionally, with the exercise of official authority.Article 7Articles 4 and 5 and measures taken in pursuance thereof shall not prejudice the applicability of provisions laid down by law, regulation or administrative action providing for special treatment for foreign nationals on grounds of public policy, public security or public health.Article 81. The following shall be prohibited as incompatible with this Agreement: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between the Contracting Parties and which have as their object or effect the prevention, restriction or distortion of competition within the territory covered by this Agreement, and in particular those which:(a) directly or indirectly fix purchase or selling prices or any other trading conditions;(b) limit or control production, markets, technical development, or investment;(c) share markets or sources of supply;(d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;(e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.2. Any agreements or decisions prohibited pursuant to this Article shall be automatically void.3. The provisions of paragraph 1 may, however, be declared inapplicable in the case of:- any agreement or category of agreements between undertakings,- any decision or category of decisions by associations of undertakings,- any concerted practice or category of concerted practices,which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not:(a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives;(b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.Article 9Any abuse by one or more undertakings of a dominant position within the territory covered by this Agreement or in a substantial part of it shall be prohibited as incompatible with this Agreement insofar as it may affect trade between the Contracting Parties.Such abuse may, in particular, consist in:(a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;(b) limiting production, markets or technical development to the prejudice of consumers;(c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;(d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.Article 10All agreements, decisions and concerted practices, which have as their object or effect the prevention, restriction or distortion of competition, as well as abuses of a dominant position, which may only affect trade within Switzerland, shall be subject to Swiss law and remain under the competence of the Swiss authorities.Article 111. The provisions of Articles 8 and 9 shall be applied and concentrations between undertakings shall be controlled by the Community institutions in accordance with Community legislation as set out in the Annex to this Agreement, taking into account the need for close cooperation between the Community institutions and the Swiss authorities.2. The Swiss authorities shall rule, in accordance with the provisions of Articles 8 and 9, on the admissibility of all agreements, decisions and concerted practices as well as abuses of a dominant position concerning routes between Switzerland and third countries.Article 121. In the case of public undertakings and undertakings to which EC Member States or Switzerland grant special or exclusive rights, the Contracting Parties shall ensure that there is neither enacted nor maintained in force any measure contrary to the rules contained in this Agreement.2. Undertakings entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly, shall be subject to the rules contained in this Agreement, in particular to the rules on competition, insofar as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them. The development of trade must not be affected to such an extent as would be contrary to the interests of the Contracting Parties.Article 131. Save as otherwise provided in this Agreement, any aid granted by Switzerland or by an EC Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, insofar as it affects trade between Contracting Parties, be incompatible with this Agreement.2. The following shall be compatible with this Agreement:(a) aid having a social character, granted to individual consumers, provided that such aid is granted without discrimination related to the origin of the products concerned;(b) aid to make good the damage caused by natural disasters or exceptional occurrences.3. The following may be considered to be compatible with this Agreement:(a) aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious under-employment;(b) aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in the economy of a Contracting Party;(c) aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest.Article 14The Commission and the Swiss authorities shall keep under constant review matters to which reference is made in Article 12 and all systems of aid existing respectively in the EC Member States and in Switzerland. Each Contracting Party shall ensure that the other Contracting Party is informed of any procedure initiated to guarantee respect of the rules of Articles 12 and 13 and, if necessary, may submit observations before any final decision is taken. Upon request by one Contracting Party, the Joint Committee shall discuss any appropriate measures required by the purpose and functioning of this Agreement.CHAPTER 3Traffic RightsArticle 151. Subject to the provisions of Council Regulation (EEC) No 2408/92, as included in the Annex to this Agreement:- Community and Swiss air carriers shall be granted traffic rights between any point in Switzerland and any point in the Community;- two years after the entry into force of this Agreement, Swiss air carriers shall be granted traffic rights between points in different EC Member States.2. For the purpose of paragraph 1:- Community air carrier shall mean an air carrier which has its principal place of business and, if any, its registered office in the Community and which is licensed according to the provisions of Council Regulation (EEC) No 2407/92, as included in the Annex to this Agreement;- Swiss air carrier shall mean an air carrier which has its principal place of business and, if any, its registered office in Switzerland and which is licensed according to the provisions of Council Regulation (EEC) No 2407/92, as included in the Annex to this Agreement.3. The Contracting Parties shall undertake negotiations on the possible extension of the scope of this Article to cover traffic rights between points within Switzerland and between points within the EC Member States five years after the entry into force of this Agreement.Article 16The provisions of this Chapter supersede the relevant provisions of existing bilateral arrangements between Switzerland and the EC Member States. However, existing traffic rights which originate from these bilateral arrangements and which are not covered under Article 15 can continue to be exercised, provided that there is no discrimination on the grounds of nationality and competition is not distorted.CHAPTER 4Enforcement of the AgreementArticle 17The 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 181. Without prejudice to paragraph 2 and the provisions of Chapter 2, each Contracting Party shall be responsible in its own territory for the proper enforcement of this Agreement and, in particular, the regulations and directives listed in the Annex.2. In cases which may affect air services to be authorised under Chapter 3, the Community institutions shall enjoy the powers granted to them under the provisions of the regulations and directives whose application is explicitly confirmed in the Annex. However, in cases where Switzerland has taken or envisages taking measures of an environmental nature under either Article 8(2) or 9 of Council Regulation (EEC) No 2408/92, the Joint Committee, upon request by one of the Contracting Parties, shall decide whether those measures are in conformity with this Agreement.3. Any enforcement action under paragraphs 1 and 2 shall be carried out in accordance with Article 19.Article 191. Each Contracting Party shall give the other Contracting Party all necessary information and assistance in the case of investigations on possible infringements which that other Contracting Party carries out under its respective competences as provided in this Agreement.2. Whenever the Community institutions act under the powers granted to them by this Agreement on matters which are of interest to Switzerland and which concern the Swiss authorities or Swiss undertakings, the Swiss authorities shall be fully informed and given the opportunity to comment before a final decision is taken.Article 20All questions concerning the validity of decisions of the institutions of the Community taken on the basis of their competences under this Agreement, shall be of the exclusive competence of the Court of Justice of the European Communities.CHAPTER 5Joint CommitteeArticle 211. A committee composed of representatives of the Contracting Parties, to be known as the "Community/Switzerland Air Transport Committee" (hereinafter referred to as the Joint Committee), is hereby established which 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 decisions of the Joint Committee shall be put into effect by the Contracting Parties in accordance with their own rules. The Joint Committee shall act by mutual agreement.2. For the purpose of the proper implementation of this Agreement, the Contracting Parties shall exchange information and, at the request of either Contracting Party, shall hold consultations within the Joint Committee.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 Chairman and laying down the latter's terms of reference.4. The Joint Committee shall meet as and when necessary, and at least once a year. Either Contracting Party may request the convening of a meeting.5. The Joint Committee may decide to set up any working party that can assist it in carrying out its duties.Article 221. A decision of the Joint Committee shall be binding upon the Contracting Parties.2. If, in the view of one of the Contracting Parties, a decision of the Joint Committee is not properly implemented by the other Contracting Party, the former may request that the issue be discussed by the Joint Committee. If the Joint Committee cannot solve the issue within two months of its referral, that Contracting Party may take appropriate temporary safeguard measures under Article 31 for a period not exceeding 6 months.3. The decisions of the Joint Committee shall be published in the Official Journal of the European Communities and the Official Compendium of Swiss Federal Law. Each decision shall state the date of its implementation in the Contracting Parties and any other information likely to concern economic operators. The decisions shall be submitted if necessary for ratification or approval by the Contracting Parties in accordance with their own procedures.4. The Contracting Parties shall notify each other of the completion of this formality. If upon the expiry of a period of twelve months after adoption of a decision by the Joint Committee such notification has not taken place, paragraph 5 shall apply mutatis mutandis.5. Without prejudice to paragraph 2, if the Joint Committee does not take a decision on an issue which has been referred to it within six months of the date of referral, the Contracting Parties may take appropriate temporary safeguard measures under Article 31 for a period not exceeding six months.6. As regards legislation covered by Article 23 which has been adopted between the signature of this Agreement and its entry into force and of which the other Contracting Party has been informed, the date of referral in paragraph 5 shall be taken as the date on which the information was received. The date on which the Joint Committee shall reach a decision may not be earlier than two months after the date of entry into force of this Agreement.CHAPTER 6New LegislationArticle 231. The Agreement shall be without prejudice to the right of each Contracting Party, subject to compliance with the principle of non-discrimination and the provisions of this Agreement, to amend unilaterally its legislation on a point regulated by this Agreement.2. As soon as new legislation is being drawn up by one of the Contracting Parties, it shall informally seek advice from experts of the other Contracting Party. 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 one of the Contracting Parties, 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 at the latest eight days after the publication in the Official Journal of the European Communities or the Official Compendium of Swiss Federal Law. Upon request of one Contracting Party, the Joint Committee shall hold an exchange of views on the implications of such an amendment for the proper functioning of this Agreement within six weeks after the request at the latest.4. The Joint Committee shall:- either adopt a decision revising the Annex or, if necessary, propose a revision of the provisions of this Agreement, so as to integrate 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 safeguard the proper functioning of this Agreement.CHAPTER 7Third countries and international organisationsArticle 24The Contracting Parties shall consult with each other in due time at the request of either Contracting Party, in accordance with the procedures laid down in Articles 25, 26 and 27:(a) on air transport questions dealt with in international organisations; and(b) on the various aspects of possible developments in relations between Contracting Parties and third countries in air transport, and on the functioning of the significant elements of bilateral or multilateral agreements concluded in this field.The consultations shall be held within one month of the request or as soon as possible in urgent cases.Article 251. The main aims of the consultations provided for in Article 24(a) shall be:(a) to determine jointly whether the questions raise problems of common interest; and(b) depending upon the nature of such problems:- to consider jointly whether Contracting Parties' action within the international organisations concerned should be coordinated, or- to consider jointly any other approach which might be appropriate.2. The Contracting Parties shall as soon as possible exchange any information of relevance to the aims described in paragraph 1.Article 261. The main aims of the consultations provided for in Article 24(b) shall be to examine the relevant issues and to consider any approach which might be appropriate.2. For the purpose of the consultations referred to in paragraph 1, each Contracting Party shall inform the other Contracting Party of possible developments in the field of air transport and of the operation of bilateral or multilateral agreements concluded in that field.Article 271. The consultations provided for in Articles 24, 25 and 26 shall take place within the framework of the Joint Committee.2. If an agreement between one of the Contracting Parties and a third country or an international organisation were to affect negatively the interests of the other Contracting Party, the latter, notwithstanding the provisions of Council Regulation (EEC) No 2408/92, as included in the Annex to this Agreement, may take appropriate temporary safeguard measures in the field of market access in order to maintain the balance of this Agreement. Such measures may, however, be adopted only after consultations on this issue have taken place within the Joint Committee.CHAPTER 8Final ProvisionsArticle 28The representatives, experts and other servants of the Contracting Parties shall be required, even after their duties have ceased, not to disclose information, obtained in the framework of this Agreement, which is covered by the obligation of professional secrecy.Article 29Each Contracting Party may bring a matter under dispute which concerns the interpretation or application of this Agreement before the Joint Committee. The latter shall endeavour to settle the dispute. The Joint Committee shall be provided with all information which might be of use in making possible an in-depth examination of the situation, with a view to finding an acceptable solution. To this end, the Joint Committee shall examine all possibilities of maintaining the good functioning of this Agreement. The provisions of this Article shall not apply to questions which are within the exclusive competence of the Court of Justice of the European Communities under Article 20.Article 301. If one of the Contracting Parties wishes to revise the provisions of this Agreement, it shall notify the Joint Committee accordingly. The amendment to this Agreement shall enter into force after completion of the respective internal procedures.2. The Joint Committee may, upon the proposal of one Contracting Party and in accordance with Article 23, decide to modify the Annex.Article 31If one Contracting Party refuses to comply with any obligation under this Agreement, the other Contracting Party may, without prejudice to Article 22 and after having completed any other applicable procedure provided for in this Agreement, take appropriate temporary safeguard measures in order to maintain the balance of this Agreement.Article 32The Annex to this Agreement shall form an integral part thereof.Article 33Without prejudice to Article 16, this Agreement shall supersede the relevant provisions of bilateral arrangements in force between Switzerland on the one hand and EC Member States on the other hand concerning any matter covered by this Agreement and the Annex thereof.Article 34This 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, to the territory of Switzerland.Article 351. In the event of termination of this Agreement, under the provisions of Article 36(4), air services operated at the date of its expiry under the provisions of Article 15 may continue until the end of the scheduling season into which that date of expiry falls.2. The rights and obligations acquired by undertakings by virtue of Articles 4 and 5 of this Agreement and of the rules of Council Regulation (EEC) No 2407/92 as included in the Annex to this Agreement, shall not be affected by the termination of this Agreement under the provisions of Article 36(4).Article 361. 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 the second month following the final notification of the deposit of the instruments of ratification or approval of all the following seven agreements:- agreement on air transport,- agreement on the free movement of persons,- agreement on the carriage of goods and passengers by rail and road,- agreement on trade in agricultural products,- agreement on certain aspects of government procurement,- agreement on mutual recognition in relation to conformity assessment,- agreement on scientific and technological cooperation.2. This Agreement shall be concluded for an initial period of seven years. It shall be renewed indefinitely unless the Community or Switzerland notifies the other Contracting Party to the contrary before the initial period expires. Where such notification is given, paragraph 4 shall apply.3. The Community or Switzerland may terminate this Agreement by notifying its decision to the other Contracting Party. Where such notification is given, paragraph 4 shall apply.4. The seven agreements referred to in paragraph 1 shall cease to be applicable six months after receipt of the notification of non-renewal, as referred to in paragraph 2, or of termination, as referred to in paragraph 3.Hecho en Luxemburgo, el veintiuno de junio de mil novecientos noventa y nueve, en doble ejemplar en lenguas alemana, danesa, española, finesa, francesa, griega, inglesa, italiana, neerlandesa, portuguesa y sueca, siendo cada uno de estos textos igualmente auténtico.Udfærdiget i Luxembourg, den enogtyvende juni nitten hundrede og nioghalvfems,i to eksemplarer på dansk, engelsk, finsk, fransk, græsk, italiensk, nederlandsk, portugisisk, spansk, svensk og tysk, idet hver af disse tekster har samme gyldighed.Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig in zwei Urschriften in dänischer, deutscher, englischer, finnischer, französischer, griechischer, italienischer, niederländischer, portugiesischer, spanischer und schwedischer Sprache, wobei jeder dieser Wortlaute gleichermaßen verbindlich ist.Έγινε στο Λουξεμβούργο, στις είκοσι μία Ιουνίου χίλια εννιακόσια ενενήντα εννέα, σε δύο αντίγραφα στην αγγλική, γαλλική, γερμανική, δανική, ελληνική, ισπανική, ιταλική, ολλανδική, πορτογαλική, σουηδική και φινλανδική γλώσσα· καθένα από τα κείμενα είναι εξίσου αυθεντικό.Done at Luxembourg on the twenty-first day of June in the year one thousand and ninety-nine, in two copies in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of those texts being equally authentic.Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf, en deux exemplaires en langues allemande, anglaise, danoise, espagnole, finnoise, française, grecque, italienne, néerlandaise, portugaise et suédoise, chacun de ces textes faisant également foi.Fatto a Lussemburgo, addì ventuno giugno millenovecentonovantanove, in due copie, nelle lingue danese, finlandese, francese, greca, inglese, italiana, olandese, portoghese, spagnola, svedese e tedesca, ciascun testo facente ugualmente fede.Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig, in tweevoud, in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle teksten gelijkelijk authentiek.Feito em Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove, em duplo exemplar nas línguas alemã, dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, italiana, neerlandesa, portuguesa e sueca, fazendo igualmente fé qualquer dos textos.Tehty Luxemburgissa kahdentenakymmenentenäensimmäusenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän kahtena kappaleena englannin, espanjan, hollannin, italian, kreikan, portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellä, ja jokainen teksti on yhtä todistuvsvoimainen.Utfärdat i Luxemburg den tjugoförsta juni nittonhundranittionio i två exemplar på det danska, engelska, finska, franska, grekiska, italienska, nederländska, portugisiska, spanska, svenska och tyska språket, vilka samtliga texter är lika giltiga.Por la Comunidad Europea/For Det Europæiske Fællesskab/Für die Europäische Gemeinschaft/Για την Ευρωπαϊκή Κοινότητα/For the European Community/Pour la Communauté européenne/Per la Comunità europea/Voor de Europese Gemeenschap/Pela Comunidade Europeia/Euroopan yhteisön puolesta/På Europeiska gemenskapens vägnar>PIC FILE= "L_2002114EN.008001.TIF">>PIC FILE= "L_2002114EN.008002.TIF">Por la Confederación SuizaFor Det Schweiziske EdsforbundFür der Schweizerischen EidgenossenschaftΓια την Ελβετική ΣυνομοσπονδίαFor the Swiss ConfederationPour la Confédération suissePer la Confederazione svizzeraVoor de Zwitserse BondsstaatPela Confederação SuíçaSveitsin valaliiton puolestaPå Schweiziska Edsförbundets vägnar>PIC FILE= "L_2002114EN.008003.TIF">>PIC FILE= "L_2002114EN.008004.TIF">ANNEXFor the purposes of this Agreement:- wherever acts specified in this Annex contain references to Member States of the European Community, or a requirement for a link with the latter, the references shall, for the purpose of the Agreement, be understood to apply equally to Switzerland or to the requirement of a link with Switzerland;- without prejudice to Article 15 of this Agreement, the term "Community air carrier" referred to in the following Community directives and regulations shall include an air carrier which is licensed and has its principal place of business and, if any, its registered office in Switzerland according to the provisions of Council Regulation (EEC) No 2407/92.1. Third aviation package of liberalisation and other civil aviation rulesNo 2407/92Council Regulation of 23 July 1992 on licensing of air carriers.(Articles 1-18)(As regards the application of Article 13(3), the reference to Article 169 of the EC Treaty shall be understood to mean a reference to the applicable procedures of this Agreement)No 2408/92Council Regulation of 23 July 1992 on access for Community air carriers to intra-Community air routes.(Articles 1-10, 12-15)(The annexes shall be amended in order to include Swiss airports)No 2409/92Council Regulation of 23 July 1992 on fares and rates for air services.(Articles 1-11)No 295/91Council Regulation of 4 February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport.(Articles 1-9)No 2299/89Council Regulation of 24 July 1989 introducing a code of conduct for computer reservation systems, as amended by Council Regulation (EEC) No 3089/93.(Articles 1-22)No 3089/93Council Regulation of 29 October 1993 amending Regulation (EEC) No 2299/89 on a code of conduct for computerised reservation systems.(Article 1)80/51Council Directive of 20 December 1979 on the limitation of noise emissions from subsonic aircraft, as amended by Directive 83/206/EEC.(Articles 1-9)89/629Council Directive of 4 December 1989 on the limitation of noise emissions from civil subsonic jet aeroplanes.(Articles 1-8)92/14Council Directive of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part III, Chapter 2, Volume I of Annex 16 to the Convention of International Civil Aviation, second edition (1988).(Articles 1-11)91/670Council Directive of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation.(Articles 1-8)No 95/93Council Regulation of 18 January 1993 on common rules for the allocation of slots at Community airports.(Articles 1-12)96/67Council Directive of 15 October 1996 on access to the groundhandling market at Community airports.(Articles 1-9, 11-23, 25)No 2027/97Council Regulation of 9 October 1997 on air carrier liability in the event of accidents.(Articles 1-8)No 323/1999Council Regulation of 8 February 1999 amending Regulation (EEC) No 2229/89 on a code of conduct for computer reservation systems (CRSs).(Articles 1 and 2)2. Competition rulesAny reference in the following texts to Articles 81 and 82 of the Treaty shall be understood to mean Articles 8 and 9 of this Agreement.No 17/62Council Regulation of 6 February 1962 implementing Articles 81 and 82 of the Treaty, as amended by Regulation No 59, by Regulation No 118/63/EEC and by Regulation (EEC) No 2822/71.(Articles 1-9, 10(1)-(2), 11-14, 15(1), 15(2), 15(4)-(6), 16(1)-(2), 17-24)No 141/62Council Regulation of 26 November 1962 exempting transport from the application of Regulation No 17, as amended by Regulations Nos 165/65/EEC and 1002/67/EEC.(Articles 1-3)No 3385/94Commission Regulation of 21 December 1994 on the form, content and other details of applications and notifications provided for in Council Regulation No 17.(Articles 1-5)No 99/63Commission Regulation of 25 July 1963 on the hearings provided for in Article 19(1) and (2) of Council Regulation No 17.(Articles 1-11)No 2988/74Council Regulation of 26 November 1974 concerning limitation periods in proceedings and the enforcement of sanctions under the rules of the EEC relating to transport and competition.(Articles 1-7)No 3975/87Council Regulation of 14 December 1987 laying down the procedures for the application of the rules on competition to undertakings in the air transport sector, as amended by Regulations (EEC) No 1284/91 and (EEC) No 2410/92 (see below).(Articles 1-7, 8(1), 8(2), 9-11, 12(1), 12(2), 12(4), 12(5), 13(1), 13(2), 14-19)No 1284/91Council Regulation of 14 May 1991 amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector.(Article 1)No 2410/92Council Regulation of 23 July 1992 amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector.(Article 1)No 3976/87Council Regulation of 14 December 1987 on the application of Article 81(3) of the Treaty to certain categories of agreement and concerted practices in the air transport sector, as amended by Regulations (EEC) No 2344/90 and (EEC) No 2411/92 (see below).(Articles 1-5, 7)No 2344/90Council Regulation of 24 July 1990 amending Regulation (EEC) No 3976/87 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector.(Article 1)No 2411/92Council Regulation of 23 July 1992 amending Regulation (EEC) No 3976/87 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector.(Article 1)No 3652/93(1)Commission Regulation of 22 December 1993 on the application of Article 81(3) of the Treaty to certain categories of agreements between undertakings relating to computer reservation systems for air transport services.(Articles 1-15)No 1617/93(2)Commission Regulation of 25 June 1993 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports.(Articles 1-7)No 1523/96Commission Regulation of 24 July 1996 amending Regulation (EEC) No 1617/93 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports.(Articles 1, 2)No 4261/88Commission Regulation of 16 December 1988 on the complaints, applications and hearings provided for in Council Regulation (EEC) No 3975/87.(Articles 1-14)No 4064/89Council Regulation of 21 December 1989 on the control of concentrations between undertakings.(Articles 1-8, 9(1)-(8), 10-18, 19(1)-(2), 20-23)No 1310/97Council Regulation of 30 June 1997 amending Regulation (EEC) No 4064/89 on the control of concentrations between undertakings.(Articles 1, 2)No 3384/94Commission Regulation of 21 December 1994 on the notifications, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings.(Articles 1-23)80/723Commission Directive of 25 June 1980 on the transparency of financial relations between Member States and public undertakings, as amended by Directive 85/413/EEC of 24 July 1985.(Articles 1-9)85/413Commission Directive of 24 July 1985 amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings.(Articles 1-3)3. Technical HarmonisationNo 3922/91Council Regulation of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation.(Articles 1-3, 4(2), 5-11, 13)93/65Council Directive on the definition and the use of compatible technical and operating specifications for the procurement of air traffic management equipment and systems.(Articles 1-5, 7-10)(The Annex should be adapted to include Swisscontrol and any other Swiss organisation covered by Article 5)97/15Commission Directive of 25 March 1997 adopting Eurocontrol standards and amending Council Directive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems.(Articles 1-4, 6)4. Air Safety94/56Council Directive of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents.(Articles 1-13)5. Others90/314Council Directive of 13 June 1990 on package travel, package holidays and package tours.(Articles 1-10)93/13Council Directive of 5 April 1993 on unfair terms in consumer contracts.(Articles 1-11)(1) Expired, but to serve for policy guidance purposes pending adoption of a replacement.(2) Expired, but to serve for policy guidance purposes pending adoption of a replacement.Final ActThe Plenipotentiariesof the EUROPEAN COMMUNITYandof the SWISS CONFEDERATION,meeting on 21 June 1999 in Luxembourg for the signature of the Agreement between the European Community and the Swiss Confederation on Air Transport have adopted the Joint Declarations mentioned below and attached to this Final Act:- Joint Declaration on agreements with third countries,- Joint Declaration on further negotiations.They also took note of the following Declarations annexed to this Final Act:- Declaration on Swiss attendance of committees,- Declaration by Switzerland on a possible amendment to the Statute of the Court of Justice of the European Communities.Hecho en Luxemburgo, el ventiuno de junio de mil novecientos noventa y nueve.Udfærdiget i Luxembourg den enogtyvende juni nitten hundrede og nioghalvfems.Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig.Έγινε στο Λουξεμβούργο, στις είκοσι μία Ιουνίου χίλια εννιακόσια ενενήντα εννέα.Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine.Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf.Fatto a Lussemburgo, addì ventuno giugno millenovecentonovantanove.Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig.Feito em Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove.Tehty Luxemburgissa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän.Som skedde i Luxemburg den tjugoförsta juni nittonhundranittionio.Por la Comunidad Europea/For Det Europæiske Fællesskab/Für die Europäische Gemeinschaft/Για την Ευρωπαϊκή Κοινότητα/For the European Community/Pour la Communauté européenne/Per la Comunità europea/Voor de Europese Gemeenschap/Pela Comunidade Europeia/Euroopan yhteisön puolesta/På Europeiska gemenskapens vägnar>PIC FILE= "L_2002114EN.008801.TIF">>PIC FILE= "L_2002114EN.008802.TIF">Por la Confederación SuizaFor Det Schweiziske EdsforbundFür der Schweizerischen EidgenossenschaftΓια την Ελβετική ΣυνομοσπονδίαFor the Swiss ConfederationPour la Confédération suissePer la Confederazione svizzeraVoor de Zwitserse BondsstaatPela Confederação SuíçaSveitsin valaliiton puolestaPå Schweiziska Edsförbundets vägnar>PIC FILE= "L_2002114EN.008803.TIF">>PIC FILE= "L_2002114EN.008804.TIF">JOINT DECLARATIONon Agreements with Third CountriesThe Contracting Parties acknowledge that it is desirable to take the steps necessary to ensure coherence between their mutual air transport relations and other wider air transport agreements based on the same principles.JOINT DECLARATIONon Further NegotiationsThe European Community and the Swiss Confederation declare their intention of undertaking negotiations to conclude agreements in areas of common interest such as the updating of Protocol 2 to the 1972 Free Trade Agreement and Swiss participation in certain Community training, youth, media, statistical and environmental programmes. Preparatory work for these negotiations should proceed rapidly once the current bilateral negotiations have been concluded.DECLARATIONon Swiss Attendance of CommitteesThe Council agrees that Switzerland's representatives may, insofar as the items concern them, attend meetings of the following committees and expert working parties as observers:- Committees of research programmes, including the Scientific and Technical Research Committee (CREST)- Administrative Commission on Social Security for Migrant Workers- Coordinating Group on the mutual recognition of higher-education diplomas- Advisory committees on air routes and the application of competition rules in the field of air transport.Switzerland's representatives shall not be present when these committees vote.In the case of other committees dealing with areas covered by these agreements in which Switzerland has adopted either the acquis communautaire or equivalent measures, the Commission will consult Swiss experts by the method specified in Article 100 of the EEA Agreement.DECLARATION BY SWITZERLANDon a Possible Amendment to the Statute of the Court of Justice of the European CommunitiesThe Swiss Government indicates its expectation that, if the Statute and Rules of Procedure of the Court of Justice of the European Communities were to be amended in order to permit lawyers entitled to plead before the courts of States parties to a similar agreement as the present to plead before the Court of Justice of the European Communities, such amendment would also include the possibility for Swiss lawyers practising before the Swiss courts to plead before the Court of Justice of the European Communities in relation to the questions referred to that Court pursuant to this Agreement.Information relating to the entry into force of the seven Agreements with the Swiss Confederation in the sectors free movement of persons, air and land transport, public procurement, scientific and technological cooperation, mutual recognition in relation to conformity assessment, and trade in agricultural productsThe final notification of completion of the procedures necessary for the entry into force of the seven Agreements in the sectors free movement of persons, air and land transport, public procurement, scientific and technological cooperation, mutual recognition in relation to conformity assessment, and trade in agricultural products between the European Community and its Member States, on the one hand, and the Swiss Confederation on the other hand, signed in Luxembourg on 21 June 1999, having taken place on 17 April 2002, these agreements will enter into force, simultaneously, on 1 June 2002.

Summary: EU-Switzerland air transport agreement EU-Switzerland air transport agreement SUMMARY OF: Agreement between the European Community and Switzerland on air transport Decision 2002/309/EC, Euratom on the conclusion of seven agreements with the Swiss Confederation WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION? The agreement: integrates Switzerland with the European Union (EU) internal aviation market as part of a package of agreements covering seven different sectors of EU activities; extends the application of EU aviation legislation to Switzerland — the annex to the agreement lists all the EU legislation that Switzerland applies, including applicable adaptations. The decision approves the agreement on behalf of the EU (European Community). KEY POINTS Economic rules The agreement between the EU and Switzerland grants the following rights: within the scope of civil aviation, the right of establishment by EU companies in Switzerland, and by Swiss companies in the EU; unlimited rights for Swiss carriers to fly between any point in Switzerland and any point in the EU, and between points in different EU Member States; unlimited rights for EU carriers to fly between any point in the EU and any point in Switzerland. The agreement also envisages that in the future the parties negotiate the granting of the right for EU carriers to fly between points within Switzerland, and for Swiss carriers to fly between points within the EU Member States. Regulatory alignment As laid down in its annex, the agreement extends the application of the EU regulatory framework for civil aviation — including the areas of market regulation, competition, aviation safety, aviation security, air traffic management, environment and noise, consumer protection and fuel taxation — to Switzerland. The agreement provides that the European Union Aviation Safety Agency plays the same role in Switzerland as it does in the EU. The agreement also contains rules on fair competition, including the prohibition of concerted practices and abuse of dominant position, as well as strict rules on State aid. Within its scope, it forbids any discrimination based on nationality. Institutional rules Each party is responsible for the enforcement of the agreement in its respective territories, but has the obligation to share information and give each other assistance on possible infringements. A joint committee composed of representatives of both parties and meeting at least yearly is responsible for administering the agreement and ensuring its proper implementation. Within the context of the committee, the parties share information, hold consultations and take decisions, notably on the amendment of the annex to the agreement regarding EU aviation legislation. The parties also consult each other to consider coordinated action within international organisations and towards other countries outside the scope of this agreement. DATE OF ENTRY INTO FORCE The agreement entered into force on 1 June 2002. BACKGROUND See also: The EU’s external aviation policy — Addressing future challenges (European Commission) An aviation strategy for Europe (European Commission) External aviation policy (European Commission). MAIN DOCUMENTS Agreement between the European Community and the Swiss Confederation on Air Transport (OJ L 114, 30.4.2002, pp. 73-90) Successive amendments to the Agreement have been incorporated into the original text. This consolidated version is of documentary value only. Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (OJ L 114, 30.4.2002, pp. 1-5) last update 20.11.2020