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9.1.2013 Official
Journal
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the
European
Union
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AGREEMENT
on scientific and technological cooperation between the European Atomic Energy Community, of
the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to
the Framework Programme of the European Atomic Energy Community for nuclear research and
training activities (2012-2013)
THE EUROPEAN ATOMIC ENERGY COMMUNITY,
(hereinafter referred to as ‘Euratom’),
Represented by the European Commission (hereinafter referred to as ‘the Commission’),
of the one part,
and
THE SWISS CONFEDERATION,
(hereinafter referred to as ‘Switzerland’), represented by the Swiss Federal Council,
of the other part,
hereinafter referred to as ‘the Parties’,
CONSIDERING that the close relationship between Switzerland and Euratom is of benefit to the Parties;
CONSIDERING the importance of scientific and technological research for the Parties and their mutual interest in
cooperating in this matter in order to make better use of resources and to avoid unnecessary duplication;
WHEREAS the Parties are currently implementing research programmes in fields of common interest;
WHEREAS the Parties have an interest in cooperating on these programmes to their mutual benefit;
CONSIDERING the interest of the Parties in encouraging the mutual access of their research entities to research, tech
nological development and training activities;
WHEREAS the European Atomic Energy Community and Switzerland concluded a Cooperation Agreement in 1978 in
the field of controlled thermonuclear fusion and plasma physics (hereinafter referred to as ‘the Fusion Agreement’);
WHEREAS the Parties concluded a Framework Agreement on 8 January 1986 for scientific and technical cooperation
(hereinafter referred to as ‘the Framework Agreement’), which entered into force on 17 July 1987;
CONSIDERING that Article 6 of the Framework Agreement states that the cooperation aimed at by the Framework
Agreement is to be carried out through appropriate agreements;
WHEREAS on 25 June 2007 the European Union and Switzerland signed an Agreement on Scientific and Technological
Cooperation, which entered into force on 28 February 2008 and was retroactively applied as of 1 January 2007;
CONSIDERING that Article 9(2) of the abovementioned Agreement provides for renewal or renegotiation of the
Agreement with a view to participation in new multi-annual Framework Programmes for research and technological
development, under mutually agreed conditions;
WHEREAS the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and
training activities (2012-2013), also contributing to the creation of the European Research Area was adopted by Council
Decision 2012/93/Euratom ( 1 ), Regulation (Euratom) No 139/2012 ( 2 ) and Council Decisions 2012/94/Euratom ( 3 ) and
2012/95/Euratom ( 4 ) (hereinafter referred to as the ‘Euratom Framework Programme 2012-2013’);
WHEREAS subject to the provisions of the Treaty establishing the European Atomic Energy Community, this Agreement
and any activities entered into under it will not affect the powers vested in the Member States to undertake bilateral
activities with Switzerland in the fields of science, technology, research and development, and to conclude, where
appropriate, agreements to that end;
( 1 ) OJ L 47, 18.2.2012, p. 25.
( 2 ) OJ L 47, 18.2.2012, p. 1.
( 3 ) OJ L 47, 18.2.2012, p. 33.
( 4 ) OJ L 47, 18.2.2012, p. 40.

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WHEREAS Euratom concluded the Agreement on the establishment of the ITER International Fusion Energy Organization
for the Joint Implementation of the ITER project. Pursuant to its Article 21 and the Agreements in the form of an
Exchange of Letters between the European Atomic Energy Community and the Swiss Confederation on the application of
the ITER Agreement, the Agreement on Privileges and Immunities for ITER and the Broader Approach Agreement to the
territory of Switzerland and on Switzerland’s membership in the European Joint Undertaking for ITER and the Devel
opment of Fusion Energy of 22 November 2007 the Agreement applies to Switzerland participating in the Euratom
fusion programme as fully associated third State;
WHEREAS Euratom is a member of the European Joint Undertaking for ITER and the Development of Fusion Energy
established by the Council Decision of 27 March 2007. Pursuant to Article 2 of this Decision and the Agreements in the
form of an Exchange of Letters between the European Atomic Energy Community and the Swiss Confederation on the
application of the ITER Agreement, the Agreement on Privileges and Immunities for ITER and the Broader Approach
Agreement to the territory of Switzerland and on Switzerland’s membership in the European Joint Undertaking for ITER
and the Development of Fusion Energy of 22 November 2007 Switzerland became a member of the Joint Undertaking as
a third State having associated its research programme to the Euratom fusion programme;
WHEREAS Euratom concluded the Agreement between the European Atomic Energy Community and the Government of
Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research. Pursuant to
its Article 26 the Agreement applies to Switzerland participating in the Euratom fusion programme as fully associated
third State.
HAVE AGREED AS FOLLOWS:
Article 1
conditions laid down in the rules for the participation of
undertakings, research centres and universities in research
Subject matter
and training activities of the European Atomic Energy
1. The
Swiss
participation
in
the
implementation
of
the
Community.
Euratom Framework Programme 2012-2013 shall be as laid
down in this Agreement, without prejudice to the terms of
the Fusion Agreement.
2. Financial contribution by Switzerland to the budget of the
programmes adopted for the implementation of the Euratom
Framework Programme 2012-2013, as defined in Annex B.
Legal entities established in Switzerland may participate in all
the specific programmes of the Euratom Framework Programme
2012-2013.
3. Participation of legal entities established in the European
Union in Swiss research programmes and/or projects
decided by the Federal Council on themes equivalent to
2. Swiss
legal
entities
may
participate
in
the
activities
of
the
those of the Euratom Framework Programme 2012-2013,
Joint Research Centre of the European Union, as far as this
in accordance with the terms and conditions laid down in
participation is not covered by paragraph 1.
the relevant Swiss regulations and with the agreement of the
partners in the specific project and the management of the
corresponding Swiss programme. Unless relevant Swiss regu
3. Legal
entities
established
in
the
European
Union,
including
lations foresee otherwise, legal entities established in the
the Joint Research Centre, may participate in research
European Union and participating in Swiss research
programmes and/or projects in Switzerland on themes
programmes and/or projects shall cover their own costs,
equivalent to those of the programmes of the Euratom
including their relative share of the project’s general
Framework Programme 2012-2013.
management and administrative costs.
4. For
the
purposes
of
this
Agreement
‘legal
entity’
means
4. In addition to timely provision of information and docu
any natural or any legal person created under the national law
mentation concerning the implementation of the Euratom
at its place of establishment or under European Union law,
Framework Programme 2012-2013 and of the Swiss
having legal personality and being entitled to have rights and
programmes and/or projects, the cooperation between the
obligations of any kind in its own name. This shall include,
Parties may include the following forms and means:
inter alia, universities, research organisations, industrial
companies, including small and medium-sized enterprises, and
individuals.
(a) regular exchanges of views on research policy guidelines
and priorities and plans in Switzerland and in Euratom;
Article 2
Forms and means of cooperation
(b) exchanges of views on the prospects and development of
cooperation;
Cooperation shall take the following forms:
(c) timely exchanges of information on the implementation
1. Participation of legal entities established in Switzerland in all
of the research programmes and projects in Switzerland
specific programmes adopted under the Euratom Framework
and in Euratom and on the results of the work
Programme 2012-2013, in accordance with the terms and
undertaken under this Agreement;

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(d) joint meetings;
2. For
legal
entities
established
in
Switzerland,
the
terms
and
conditions applicable for the submission and evaluation of
(e) visits and exchanges of researchers, engineers and tech
proposals and those for the granting and conclusion of grant
nicians;
agreements and/or contracts under the Euratom Framework
Programme 2012-2013 shall be the same as those applicable
(f) regular contacts and follow-up between programme or
for grant agreements and/or contracts concluded under the
project leaders in Switzerland and in Euratom;
same programmes with legal entities established in the
European Union.
(g) participation by experts in seminars, symposia and work
shops.
3. Switzerland
shall
be
entitled,
as
an
associated
State,
to
propose evaluators under the Euratom Framework Programme
Article 3
2012-2013, in accordance with the Council Regulation
(Euratom) No 139/2012 laying down the rules for participation
Adaptation
of undertakings, research centres and universities in indirect
actions under the Framework Programme of the European
Cooperation may be adapted and developed at any time by
Atomic Energy Community and for the dissemination of
mutual agreement between the Parties.
research results (2012-2013).
Article 4
4. Without
prejudice
to
the
provisions
of
Article
1(3),
Intellectual property rights and obligations
Article 2(3) and Article 4(2) and to existing regulations and
1. Subject
to
Annex
A
and
applicable
law,
legal
entities rules of procedure, legal entities established in the European
established in Switzerland participating in the Euratom
Union may participate under equivalent terms and conditions
Framework Programme 2012-2013 shall, as regards ownership,
to Swiss partners in programmes and/or projects of the Swiss
exploitation and dissemination of information and intellectual
research programmes mentioned in Article 2(3). The Swiss
property arising from such participation, have the same rights
authorities may make participation in a project by one or
and obligations as legal entities established in the European
more legal entities established in the European Union subject
Union.
to joint participation by at least one Swiss entity.
2. Subject
to
Annex
A
and
applicable
law,
legal
entities
Article 8
established in the European Union taking part in Swiss
research programmes and/or projects, as provided for in
Mobility
Article 2(3), shall, as regards ownership, exploitation and
Each Party shall undertake, in accordance with existing regu
dissemination of information and intellectual property arising
lations and agreements in force, to guarantee the entry and stay
from such participation, have the same rights and obligations as
- as far as indispensable for successful accomplishment of the
legal entities established in Switzerland participating in the
activity concerned — of a limited number of their researchers
programmes and/or projects in question.
participating, in Switzerland and in the European Union, in the
activities covered by this Agreement.
Article 5
Financial provisions
Article 9
The rules governing Switzerland’s financial contribution are set
Revision and future collaboration
out in Annex B.
1. Should
Euratom
revise
or
extend
its
research
programmes,
this Agreement may be revised or extended under mutually
Article 6
agreed conditions. The Parties shall exchange information and
Switzerland/Communities Research Committee
views concerning any such revision or extension, as well as on
any matters which affect directly or indirectly Switzerland’s
1. The
Switzerland/Communities
Research
Committee
set
up cooperation in the fields covered by the Euratom Framework
in the Framework Agreement shall review, evaluate and ensure
Programme 2012-2013. Switzerland shall be notified of the
the proper implementation of this Agreement. Any issues
exact content of the revised or extended programmes within
arising from the implementation or interpretation of this
two weeks of their adoption by Euratom. In case of such
Agreement shall be referred to this Committee.
revision or extension of the research programme, Switzerland
may terminate this Agreement by giving six months’ notice. The
2. The
Committee
may
decide
to
amend
the
references
to Parties shall give notice of any intention to terminate or to
European Union/Euratom acts in Annex C.
extend this Agreement within three months after the adoption
of Euratom’s decision.
Article 7
Participation
2. Should
Euratom
adopt
a
new
multi-annual
research
and
training programme, an Agreement may be renewed or
1. Without
prejudice
to
the
provisions
of
Article
4,
legal renegotiated under conditions agreed mutually between the
entities established in Switzerland participating in the Euratom
Parties. The Parties shall exchange information and views on
Framework Programme 2012-2013 shall have the same
the preparation of such programmes or other current and
contractual rights and obligations as entities established in the
future research activities through the Switzerland/European
European Union.
Union Research Committee referred to in Article 6.

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Article 10
2013. Notwithstanding paragraph 5 below, during the period
from 1 January 2013 until 30 June 2013 each Party may
Relation to other international agreements
terminate this Agreement by written notice. In this case the
1. The
provisions
of
this
Agreement
shall
apply
without Agreement shall cease to apply on 31 December 2012.
prejudice to the advantages envisaged by other international
agreements binding one of the Parties and reserved only for
3. If
this
Agreement
ceases
to
apply
on
31
December
2012
legal entities established on the territory of that Party.
pursuant to paragraph 2, Euratom shall honour its
commitments to Swiss beneficiaries entered into until the
2. A
legal
entity
established
in
a
State
associated
to
the time one of the Parties received the notification pursuant to
Euratom Framework Programme 2012-2013 (Associated State)
paragraph 2 from the other Party. In case Switzerland
enjoys the same rights and obligations under this Agreement as
terminates this Agreement pursuant to paragraph 2, Switzerland
legal entities that are established in a Member State provided
shall pay Euratom compensation corresponding to the amount
that the Associated State in which the entity is established has
of Euratom’s 2013 commitments to Swiss beneficiaries until the
agreed to award legal entities from Switzerland the same rights
time Euratom has received the Swiss notification. This compen
and obligations.
sation shall be paid not later than 45 days after the receipt of
the request issued by the Commission. Paragraph II.2 of Annex
Article 11
B shall apply accordingly. The Parties shall settle by common
consent any other consequences.
Territorial application
This Agreement shall apply, on the one hand, to the territories
4. This
Agreement
may
be
amended
only
in
writing
by
in which the Treaty establishing the European Atomic Energy
common consent between the Parties. The procedure for
Community applies and under the conditions laid down in that
entry into force of amendments shall be the same as the
Treaty and, on the other, to the territory of Switzerland.
procedure applicable to the entry into force of this Agreement.
Article 12
5. Each
Party
may
terminate
this
Agreement
at
any
time,
subject to six months’ written notice.
Annexes
Annexes A, B and C shall form an integral part of this
6. Projects
and
activities
in
progress
at
the
time
of
Agreement.
termination and/or expiry of this Agreement shall continue
until their completion under the conditions laid down in this
Article 13
Agreement. The Parties shall settle by common consent any
other consequences of termination.
Entry into force and application
1. This
Agreement
shall
be
ratified
or
concluded
by
the
Parties in accordance with their respective rules. It shall enter
This Agreement shall be drawn up in duplicate in the Bulgarian,
into force on the date of the last notification of completion of
Czech, Danish, Dutch, English, Estonian, Finnish, French,
the internal procedures necessary to this end.
German, Greek, Hungarian, Italian, Latvian, Lithuanian,
Maltese, Polish, Portuguese, Romanian, Slovak, Slovene,
2. This
Agreement
shall
apply
from
the
beginning
of
the Spanish and Swedish languages, each of those texts being
Euratom Framework programme 2012-2013 until 31 December
equally authentic.

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ANNEX A
PRINCIPLES ON THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS
I. Scope
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, signed at Stockholm on 14 July 1967.
For the purposes of this Agreement, ‘knowledge’ means the results, including information, whether or not they can be
protected, as well as copyrights or rights pertaining to such information, following applications for, or the issue of,
patents, designs, plant varieties, supplementary protection certificates or similar forms of protection.
II. Intellectual property rights of the legal entities of the Parties
1.
Each Party shall ensure that the intellectual property rights of the legal entities of the other Party participating in the
activities undertaken under this Agreement and the rights and obligations resulting from such participation are treated in
a manner compatible with the relevant international conventions applicable to the Parties, notably the TRIPS Agreement
(Agreement on Trade-Related Aspects of Intellectual Property Rights administered by the World Trade Organisation), the
Berne Convention (Paris Act 1971) and the Paris Convention (Stockholm Act 1967).
2. Legal
entities
established
in
Switzerland
participating
in
indirect
actions
under
the
Euratom
Framework
Programme
2012-2013 shall have intellectual property rights and obligations under the conditions set out, in Council Regulation
(Euratom) No 139/2012 of 19 December 2011 ( 1 ) and in the grant agreement and/or contract concluded with the
Euratom, in accordance with point 1.
3. Legal entities established in a European Union Member State participating in Swiss research programmes and/or
projects shall have the same intellectual property rights and obligations as legal entities established in Switzerland
participating in these research programmes or projects, in accordance with point 1.
III. Intellectual property rights of the Parties
1. Unless otherwise agreed between the Parties, the following rules shall apply to the knowledge generated by the
Parties in the course of the activities undertaken in accordance with Article 2(4) of this Agreement:
(a) the Party generating the knowledge shall have ownership thereof. Where their respective shares in the work cannot be
determined, the Parties shall co-own the knowledge;
(b) the Party holding ownership shall grant the other Party rights of access to the knowledge with a view to the activities
referred to in Article 2(4) of this Agreement. No charge shall be made for granting rights of access to the knowledge.
2. Unless otherwise agreed between the Parties, the following rules shall apply to scientific literature from the Parties:
(a) where a Party publishes data, information and technical or scientific results arising from the activities undertaken
under this Agreement in journals, articles, reports and books, including audiovisual works and software, a worldwide,
non-exclusive, irrevocable royalty-free licence to translate, adapt, transmit and publicly distribute the works in
question shall be granted to the other Party;
(b) all copies of copyrighted data and information to be publicly distributed and prepared under this section shall indicate
the names of the author or authors, unless an author expressly declines to be named. Copies shall also bear a clearly
visible acknowledgement of the cooperative support of the Parties.
3. Unless
otherwise
agreed
between
the
Parties,
the
following
rules
shall
apply
to
undisclosed
information
of
the
Parties:
(a) at the time of submission to the other Party of information relating to the activities undertaken under this Agreement,
each Party shall identify the information which it wishes to remain undisclosed;
(b) for the specific purposes of application of this Agreement, the receiving Party may, on its own responsibility,
communicate undisclosed information to bodies or persons under its authority;
(c) with the prior written consent of the Party providing undisclosed information, the receiving Party may disseminate
such information more widely than otherwise permitted by subparagraph (b). The Parties shall cooperate in
developing procedures for requesting and obtaining prior written consent for wider dissemination, and each Party
shall grant such approval to the extent permitted by its domestic policies, regulations and laws;
( 1 ) OJ L 47, 18.2.2012, p. 1.

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(d) non-documentary undisclosed or other confidential information provided in seminars or other meetings of the
representatives of the Parties arranged under this Agreement, or information arising from the attachment of staff,
use of facilities or indirect actions must remain confidential, where the recipient of such undisclosed or other
confidential or privileged information was made aware of the confidential character of the information before it
was communicated, in accordance with subparagraph (a);
(e) each Party shall ensure that undisclosed information which it acquires in accordance with subparagraphs (a) and (d)
shall be controlled as provided for in this Agreement. If one of the Parties becomes aware that it will be, or may be
expected to become, unable to meet the non-dissemination provisions of subparagraphs (a) and (d), it shall
immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.

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ANNEX B
FINANCIAL RULES GOVERNING THE CONTRIBUTION OF SWITZERLAND
I. Determination of financial participation
1. The
proportionality
factor
governing
Switzerland’s
contribution
to
the
Euratom
Framework
programme
2012-2013,
except the Euratom Fusion Programme, shall be obtained by establishing the ratio between Switzerland’s gross domestic
product, at market prices, and the sum of gross domestic products, at market prices, of the Member States of the
European Union. The proportionality factor governing the Swiss contribution to the Fusion Programme shall continue to
be governed on the basis of the Fusion Agreement. These ratios shall be calculated on the basis of the latest statistical data
from Eurostat, available at the time of publication of the draft budget of the European Union for the same year.
2. The Commission shall communicate as soon as possible to Switzerland together with relevant background material:
(a) the amounts in commitment appropriations in the statement of expenditure of the draft budget of the European
Union corresponding to the Euratom Framework Programme 2012-2013 in the year 2013;
(b) the estimated amount of the contributions derived from the draft budget, corresponding to the possible participation
of Switzerland in the Euratom Framework Programme 2012-2013 in the year 2013.
3. As soon as the general budget for 2013 has been finally adopted, the Commission shall communicate to Swit
zerland the above mentioned amounts in the statement of expenditure.
4. Switzerland’s financial contribution deriving from participation in the Euratom Framework Programme 2012-2013
shall be established in addition to the amount available each year in the general budget of the European Union for
commitment appropriations to meet the Commission’s financial obligations stemming from work to be carried out in the
forms necessary for the implementation, management and operation of the programmes and activities covered by this
Agreement.
II. Payment procedures
1. The Commission shall issue, at the latest on 31 December 2012 a call for funds to Switzerland corresponding to its
contribution under this Agreement for 2012. This call for funds shall provide for the payment of Switzerland’s
contribution not later than 30 days after receipt of the corresponding call for funds. For the purpose of calculating
the amount in Swiss francs in 2012 the exchange rate between the Swiss franc and Euro to be used by the Commission
shall be the market rate for the penultimate day of the previous month quoted by the European Central Bank or,
depending on the availability, provided by the delegations or other appropriate sources close to that date.
Unless this Agreement ceases to apply on 31 December 2012 in accordance with Art.13(2), the Commission shall issue
after 1 July and not later than November 2013, a call for funds to Switzerland corresponding to the contribution under
this Agreement for 2013 and established on the basis of Point I.1 of this annex. This call for funds shall provide for the
payment of the said contribution not later than 30 days after the receipt of the call.
2. The contributions of Switzerland for the year 2012 shall be paid in Swiss francs and for the year 2013 shall be
expressed and paid in Euro to the bank account indicated by the Commission in the calls for payments.
3. Switzerland
shall
pay
its
contribution
under
this
Agreement
according
to
the
schedule
in
paragraph
1.
Any
delay
in
payment shall give rise to the payment of interest at a rate equal to the one-month inter-bank offered rate (EURIBOR) as
on page EURIBOR01 of Reuters (Telerate page 248). This rate shall be increased by 1,5 percentage point for each month
of delay. The increased rate shall be applied to the entire period of delay. However, the interest shall be due only if the
contribution is paid after the scheduled payment dates mentioned in paragraph 1.
4. Travel costs incurred by Swiss representatives and experts for the purposes of taking part in the work of the
research committees and those involved in the implementation of the Euratom Framework Programme 2012-2013 shall
be reimbursed by the Commission on the same basis as, and in accordance with, the procedures currently in force for the
representatives and experts of the Member States of the European Union.
III. Conditions for implementation
1. The financial contribution of Switzerland to the Euratom Framework Programme 2012-2013 in accordance with
this Annex shall normally remain unchanged for the financial year in question.
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

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respect to the participation of Switzerland, taking into consideration modifications which have taken place, either by
transfer, cancellations, carry-overs, or by supplementary and amending budgets during the financial year. This regulari
sation shall occur at the time of the first payment for the year (n+1). However, the final such regularisation shall occur
not later than July of the fourth year following the end of the Euratom Framework Programme 2012-2013. Payment by
Switzerland shall be credited to the Euratom programmes as budget receipts allocated to the appropriate budget heading
in the statement of revenue of the general budget of the European Union.
IV. Information
1. At the time of the payment for the year 2013, the statement of appropriations for the Euratom Framework
Programme 2012-2013, related to the year 2012, shall be prepared and transmitted to Switzerland for information,
according to the format of the Commission’s revenue and expenditure account.
At the latest on 30 April 2014, the statement of appropriations for the Euratom Framework Programme 2012-2013,
related to the year 2013, shall be prepared and transmitted to Switzerland for information, according to the format of the
Commission’s revenue and expenditure account.
2. The Commission shall communicate to Switzerland statistics and all other general financial data relating to the
implementation of the Euratom Framework Programme which is made available to the Member States.

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ANNEX C
FINANCIAL CONTROL OF SWISS PARTICIPANTS IN THE EURATOM FRAMEWORK PROGRAMME
2012-2013
I. Direct communication
The Commission shall communicate directly with the participants in the Euratom Framework Programme 2012-2013
established in Switzerland and with their subcontractors. They shall submit directly to the Commission all relevant
information and documentation which they are required to submit on the basis of the instruments referred to in this
Agreement and of the grant agreements and/or contracts concluded to implement them.
II. Audits
1. In
accordance
with
Council
Regulation
(EC,
Euratom)
No
1605/2002
( 1 ), as last amended Regulation (EU, Euratom)
No 1081/2010 ( 2 ) and Commission Regulation (EC, Euratom) No 2342/2002 ( 3 ), as last amended by Regulation (EC,
Euratom) No 478/2007 ( 4 ) and with the other rules referred to in this Agreement, the grant agreements and/or contracts
concluded with participants in the programme established in Switzerland may provide for scientific, financial, tech
nological or other audits to be conducted at any time on the premises of the participants and of their subcontractors
by Commission agents or by other persons mandated by the Commission.
2. Commission
agents
and
other
persons
mandated
by
the
Commission
shall
have
appropriate
access
to
sites,
works
and documents and to all the information required in order to carry out such audits, including in electronic form. This
right of access shall be stated explicitly in the grant agreements and/or contracts concluded to implement the instruments
referred to in this Agreement.
3. The European Court of Auditors shall have the same rights as the Commission.
4. The
audits
may
be
conducted
after
the
Euratom
Framework
Programme
2012-2013
or
this
Agreement
expires,
on
the terms laid down in the grant agreements and/or contracts in question.
5. The Swiss Federal Audit Office shall be informed in advance of the audits conducted on Swiss territory. Such
notification shall not be a legal precondition for carrying out such audits.
III. On-the-spot checks
1. Within the framework of this Agreement, the Commission (OLAF) shall be authorised to carry out on-the-spot
checks and inspections on Swiss territory, in accordance with the terms and conditions laid down in Council Regulation
(Euratom, EC) No 2185/96 ( 5 ) and Regulation (EC) No 1073/1999 ( 6 ) of the European Parliament and the Council.
2. On-the-spot checks and inspections shall be prepared and conducted by the Commission in close collaboration with
the Swiss Federal Audit Office or with the other competent Swiss authorities designated by the Swiss Federal Audit Office,
which shall be notified in good time of the object, purpose and legal basis of the checks and inspections, so that they can
provide all the requisite help. To that end, the officials of the competent Swiss authorities may participate in the on-the-
spot checks and inspections.
3. If the Swiss authorities concerned so wish, the on-the-spot checks and inspections may be carried out jointly by the
Commission and them.
4. Where the participants in the Euratom Framework Programme 2012-2013 resist an on-the-spot check or
inspection, the Swiss authorities, acting in accordance with national rules, shall give Commission inspectors such
assistance as they need to allow them to discharge their duty in carrying out an on-the-spot check or inspection.
5. The Commission shall report as soon as possible to the Swiss Federal Audit Office any fact or suspicion relating to
an irregularity which has come to its notice in the course of the on-the-spot check or inspection. In any event the
Commission shall be required to inform the abovementioned authority of the result of such checks and inspections.
IV. Information and consultation
1. For the purposes of proper implementation of this Annex, the competent Swiss and Community authorities shall
regularly exchange information and, at the request of one of the Parties, shall conduct consultations.
( 1 ) OJ L 248, 16.9.2002, p. 1.
( 2 ) OJ L 311, 26.11.2010, p. 9.
( 3 ) OJ L 357, 31.12.2002, p. 1.
( 4 ) OJ L 111, 28.4.2007, p. 13.
( 5 ) OJ L 292, 15.11.1996, p. 2.
( 6 ) OJ L 136, 31.5.1999, p. 1.

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EN
Official Journal of the European Union
9.1.2013
2. The competent Swiss authorities shall inform the Commission without delay of any fact or suspicion which has
come to their notice relating to an irregularity in connection with the conclusion and implementation of the grant
agreements and/or contracts concluded in application of the instruments referred to in this Agreement.
V. Confidentiality
Information communicated or acquired in any form under this Annex shall be covered by professional secrecy and
protected in the same way as similar information is protected by Swiss law and by the corresponding provisions
applicable to the Community institutions. Such information may not be communicated to persons other than those
within the Community institutions or in the Member States or Switzerland whose functions require them to know it nor
may it be used for purposes other than to ensure effective protection of the Parties’ financial interests.
VI. Administrative measures and penalties
Without prejudice to application of Swiss criminal law, administrative measures and penalties may be imposed by the
Commission in accordance with Regulations (EC, Euratom) No 1605/2002, as last amended by Regulation (EU, Euratom)
No 1081/2010 ( 1 ) and (EC, Euratom) No 2342/2002 as last amended by Regulation (EC, Euratom) No 478/2007 ( 2 ) and
with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Commun
ities’ financial interests ( 3 ).
VII. Recovery and enforcement
Decisions taken by the Commission under the Euratom Framework Programme 2012-2013 within the scope of this
Agreement which impose a pecuniary obligation on persons other than States shall be enforceable in Switzerland. The
enforcement order shall be issued, without any further control than verification of the authenticity of the act, by the
authorities designated by the Swiss government, which shall inform the Commission thereof. Enforcement shall take place
in accordance with the Swiss rules of procedure. The legality of the enforcement decision shall be subject to control by
the Court of Justice of the European Union. Judgments given by the Court of Justice of the European Union pursuant to
an arbitration clause in a contract under the Euratom Framework Programme 2012-2013 shall be enforceable on the
same terms.
( 1 ) OJ L 311, 26.11.2010, p. 9.
( 2 ) OJ L 111, 28.4.2007, p. 13.
( 3 ) OJ L 312, 23.12.1995, p. 1.

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