kom (2025) 0308 - Ingen titel

Europaudvalget 2025
KOM (2025) 0308
Offentligt

EUROPEAN

COMMISSION

Brussels, 13.6.2025

COM(2025) 308 final

ANNEX 3

ANNEX

to the

Proposal for a Council Decision

on the signing, on behalf of the European Union, of a broad package of agreements to

consolidate, deepen and expand the bilateral relations with the Swiss Confederation, and

on the provisional application of the Agreement on the terms and conditions for the

participation of the Swiss Confederation in the European Union Agency for the Space

Programme

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AMENDING PROTOCOL

TO THE AGREEMENT

BETWEEN THE EUROPEAN COMMUNITY

AND THE SWISS CONFEDERATION

ON THE CARRIAGE OF GOODS AND PASSENGERS

BY RAIL AND ROAD

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THE EUROPEAN UNION, hereinafter referred to as the "Union",

and

THE SWISS CONFEDERATION, hereinafter referred to as "Switzerland",

hereinafter referred to as the "Contracting Parties",

REAFFIRMING the importance of the Agreement between the European Community and the Swiss

Confederation on the Carriage of Goods and Passengers by Rail and Road, done at Luxembourg

on 21 June 1999 (hereinafter referred to as the "Agreement");

WISHING to promote the carriage of passengers and goods by road and rail between the

Contracting Parties within the scope of the Agreement;

RECOGNISING the Contracting Parties' policies of shifting goods from road to rail;

WISHING, with regard to rail transport, to preserve a transport system of quality based on the

performance, attractiveness and reliability of transport services of goods and passengers that is

essential for the population and economy;

RECOGNISING the necessity to clarify the right of railway undertakings to carry out international

rail passenger transport, including the right to pick up passengers at any station located along an

international route and to set them down at another, including in cases in which such stations are

located in the territory of the other Contracting Party;

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RECOGNISING that subject to the applicable competition rules, applicable Union law does not

preclude international groupings from operating international services, including international

services that are partly composed of services which participate in the interval-service timetable;

ACKNOWLEDGING the importance of facilitating new international rail passenger services and

thereby improving international railway connections between the Contracting Parties, while

ensuring that passengers of Swiss purely domestic services are not negatively affected thereby;

ACKNOWLEDGING the benefits for passengers which can arise from the opening of the market

for the provision of international passenger rail services, and therefore the importance, taking into

account the exceptions granted to Switzerland, of ensuring effective infrastructure access and a

level playing field for the provision of such services;

ACKNOWLEDGING the Swiss Heavy Goods Vehicle Charge and the goal to be in line with the

principles governing the charging of road vehicles in the Union;

RECOGNISING the advantages of close cooperation between Switzerland and the European Union

Agency for Railways (ERA) based on Article 75 of Regulation (EU) 2016/796

(OJ L 138, 26.5.2016, p. 1),

HAVE AGREED AS FOLLOWS:

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ARTICLE 1

Amendments to the Agreement

The Agreement is amended as follows:

(1)

in Article 2, paragraph 2 is replaced by the following:

"2.

This Agreement shall apply to the international carriage by rail of passengers and goods

and to combined international transport.

This Agreement shall not apply to purely domestic rail passenger carriage, meaning national

long-distance, regional and local transport, in Switzerland.

This Agreement shall not apply to railway undertakings which only operate urban, suburban

or regional services on local and regional stand-alone networks for transport services on

railway infrastructure or on networks intended only for the operation of urban or suburban rail

services.";

(2)

in Article 3, the following indent is added at the end of paragraph 2:

"–

'international carriage by rail of passengers' shall mean a passenger service where the

train crosses the border between the Contracting Parties, including the right to pick up

passengers at any station located along the international route and to set them down at

another, including in cases where such stations are located in the territory of the other

Contracting Party, provided that the principal purpose of the service is to carry

passengers between stations located in the territory of one Contracting Party and

stations located in the territory of the other Contracting Party.";

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(3)

(a)

Article 7 is amended as follows:

paragraph 1 is replaced by the following:

Subject to paragraphs 2 and 3, Switzerland shall adopt or maintain, in accordance with

"1.

Article 5(2) of the Institutional Protocol to the Agreement (hereinafter referred to as the

'Institutional Protocol'), arrangements corresponding to Union legislation on the technical

conditions governing road transport, as set out in Section 3 of Annex 1.";

(b)

paragraph 2 is replaced by the following:

Switzerland shall adopt or maintain, in accordance with Article 5(2) of the Institutional

"2.

Protocol, legislation corresponding to Union legislation relating to technical controls for

vehicles referred to in Section 3 of Annex 1.";

(4)

(a)

Article 9 is amended as follows:

paragraph 1 is replaced by the following:

The international carriage of goods by road for hire or reward, as well as unladen

"1.

journeys between the territories of the Contracting Parties, shall take place under the Union

authorisation, for which a model is provided in Annex 3, pursuant to Union legislation

referred to in Annex 1, or under a Swiss authorisation pursuant to the corresponding Swiss

legislation adopted or maintained in accordance with Article 5(2) of the Institutional

Protocol.";

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(b)

paragraph 4 is replaced by the following:

The procedures governing the issuing, renewal and withdrawal of authorisations and the

"4.

procedures governing mutual assistance shall be covered by the Union legislation referred to

in Section 1 of Annex I or the corresponding Swiss legislation adopted or maintained in

accordance with Article 5(2) of the Institutional Protocol.";

(5)

in Article 17, paragraph 3 is replaced by the following:

The model for such licences and the procedures for obtaining, using and renewing them

"3.

shall be as laid down in the Union law referred to in Section 1 of Annex 1 or in the

corresponding Swiss provisions adopted or maintained in accordance with Article 5(2) of the

Institutional Protocol.";

(6)

(a)

Article 24 is amended as follows:

paragraph 1 is replaced by the following:

Railway undertakings and international groupings established on the territory of one

"1.

Contracting Party shall have the right of transit and the right of access to railway

infrastructure in the other Contracting Party, for the purpose of operating an international

service, under the conditions specified in the Union legislation referred to in Section 4 of

Annex 1.";

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(b)

the following paragraph is inserted:

"1a. In the course of an international passenger service, railway undertakings shall have the

right to pick up passengers at any station located along the international route and to set them

down at another, including in cases where such stations are located in the territory of the same

Contracting Party, provided that the principal purpose of the service concerned is to carry

passengers from the territory of one Contracting Party to the territory of the other. Following a

request from the relevant competent authorities or interested railway undertakings, the

relevant regulatory body or bodies shall determine whether the principal purpose of the

service is to carry passengers from the territory of one Contracting Party to the territory of the

other.";

(7)

the following article is inserted:

"ARTICLE 24a

Exceptions from dynamic alignment concerning rail transport

The following shall be exceptions within the meaning of Article 5(7) of the Institutional

Protocol:

The option of obliging passenger transport companies to participate in public transport

price integration, i.e. a single transport contract is offered to a passenger who uses the

network of different public transport companies, provided that price-setting powers remain

with the companies.

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The application of Swiss capacity management instruments providing for a minimum

number of train paths per hour for defined types of traffic, including freight, regional and

long-distance passenger traffic that may also serve an international purpose. Such instruments

are subject to the principle of non-discrimination referred to in Article 1(3) of the Agreement.

Undertakings planning and operating international rail passenger services in Switzerland are

treated as interested parties within the existing Swiss consultation procedures under the Swiss

capacity management instruments.

The option of giving priority to passenger traffic according to the interval-service

timetable applicable to rail services throughout the territory of Switzerland.

The criterion referred to in the first subparagraph shall be applied in a non-discriminatory

manner for the allocation of train paths to companies submitting comparable applications in

The priority referred to in the first subparagraph shall be given to services that are

indispensable for the interval-service timetable.

If an undertaking submits prior to the deadline for the annual allocation procedure an

application for a train path for international passenger transport in Switzerland that cannot be

satisfied in the mutual coordination phase, that application shall have priority for the use of

the remaining unallocated capacity, including capacity which had been secured in the Swiss

capacity management instruments but was not requested during the annual allocation

procedure.

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The Union or its Member States may, on their territory, give priority to companies established

in the Union and operating passenger rail services over a Swiss international passenger rail

service that operates a part of the international service under the Swiss interval-service

timetable and that does not perform the service within an international grouping.

The right to include non-discriminatory provisions in the authorisations and concessions

granted to railway transport undertakings and international groupings relating to social

standards, such as local and sector-specific salary and working conditions in Switzerland.

Tendering obligations for public service obligations for cross-border regional, urban and

sub-urban rail passenger services: Switzerland may directly award a public service contract

for the part of a cross border regional, urban and suburban rail passenger service which is

operated on Swiss territory. In such case, Switzerland shall award the public service contract

either to the operator that has been awarded the public service contract on the Union territory

or to the operator that is cooperating with the railway undertaking which has been awarded

the public service contract for the operation of the line on the Union territory.

Subject to this paragraph, the competent authorities shall consult each other beforehand on the

modalities of the public service to be awarded, including on the timing of the award

procedure.";

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(8)

the following article is inserted:

"ARTICLE 29a

Participation in the European Union Agency for Railways

Switzerland has the right to participate, in accordance with Article 75 of Regulation

(EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the

European Union Agency for Railways and repealing Regulation (EC) No 881/2004

(OJ L 138, 26.5.2016, p. 1), in the European Union Agency for Railways (hereinafter referred

to as 'ERA'), including appropriate access to databases and registers.

ERA shall not have any executive powers in Switzerland. Therefore, the relevant articles of

Regulation (EU) 2016/796 creating such executive powers of ERA in Switzerland shall not be

integrated in Annex 1 of the Agreement.";

(9)

the following article is inserted:

"ARTICLE 32a

The exclusion of increases in road capacity

As an exception within the meaning of Article 5(7) of the Institutional Protocol, new

infrastructure for road safety purposes, such as the drilling of a second road tunnel at the

Gotthard, shall not be considered as an increase in road capacity and limiting road capacity to

the current level shall not be considered as a unilateral quantitative restriction.";

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(10) Article 40 is replaced by the following:

"ARTICLE 40

Swiss measures

With a view to achieving the objectives set out in Article 37 and in the light of the

weight limit increases stipulated in Article 7(3), Switzerland shall introduce a non-

discriminatory tax on vehicles. In particular, the tax shall be based on the principles referred

to in Article 38(1) and on the procedures set out in Annex 10.

The charges shall be differentiated according to categories based on vehicle emissions.

Upon request of Switzerland, the Joint Committee shall decide on a differentiation according

to categories completely or partially based on consumption.

The weighted average of the charges shall not exceed CHF 325 for vehicles having a

permissible maximum laden mass according to the vehicle registration document of not more

than 40 t and travelling a distance of 300 km across the Alps. The charge for the most

polluting category shall not exceed CHF 380.

A part of the charges referred to in paragraph 3 may be made up of toll fees for the use

of specialised Alpine infrastructure. This part must not constitute more than 15 % of the

charges referred to in paragraph 3.

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The weightings referred to in paragraph 3 shall be determined according to the number

of vehicles per category operating in Switzerland. The number of vehicles in each category

shall be established on the basis of censuses which will be examined by the Joint Committee.

The Joint Committee shall determine the weighting on the basis of examinations, carried out

every two years, in order to take account of trends in the structure of the vehicle fleet

operating in Switzerland and of emission and consumption developments.";

(11) Article 42 is replaced by the following:

"ARTICLE 42

Review of the level of charges

On 1 January 2007, and at two-yearly intervals thereafter, the maximum levels of the

charges fixed in Article 40(3) shall be adjusted in line with the rate of inflation in Switzerland

during the previous two years. For this purpose, Switzerland shall send to the Joint

Committee, by 30 September at the latest of the year preceding the adjustment, the necessary

statistical data on which to base the adjustment under consideration. The Joint Committee

shall meet, at the Union's request, within 30 days of receiving this communication, to hold

consultations on the adjustment under consideration.

With effect from 1 January 2007, the Joint Committee may, at the request of one of the

Contracting Parties, review the maximum levels of the charges fixed in Article 40(3) with a

view to adjusting them by joint agreement. This review shall be undertaken on the basis of the

following criteria:

–

the level and structure of taxes in the two Contracting Parties, notably with regard to

comparable transalpine routes,

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–

the distribution of traffic between comparable transalpine routes,

modal distribution trends in the Alpine region,

the development of the transalpine railway infrastructure.";

(12) in Article 46, paragraph 1 is replaced by the following:

"1.

If, after 1 January 2005, despite competitive rail prices and the correct application of the

measures provided for in Article 36 regarding quality parameters, there are difficulties with

Swiss transalpine road traffic flows and if, over a 10-week period, the average rate of

utilisation of the rail capacity in Switzerland (accompanied and unaccompanied combined

transport) is less than 66 %, Switzerland may, by way of derogation from the provisions of

Article 40(3) and (4), increase the charges provided for in Article 40(3) by no more

than 12,5 %. All the revenue from this increase shall be used to help make rail and combined

transport more competitive vis-à-vis road transport.";

(13) Article 51 is replaced by the following:

"ARTICLE 51

Joint Committee

A Joint Committee is hereby established.

The Joint Committee shall be composed of representatives of the Contracting Parties.

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The Joint Committee shall be co-chaired by a representative of the Union and a

representative of Switzerland.

The Joint Committee shall:

(a)

ensure the proper functioning and the effective administration and application of this

Agreement;

(b)

provide a forum for mutual consultation and a continuous exchange of information

between the Contracting Parties, in particular with a view to finding a solution to any

difficulty of interpretation or application of the Agreement or of a legal act of the Union

to which reference is made in the Agreement in accordance with Article 10 of the

Institutional Protocol;

(c)

make recommendations to the Contracting Parties in matters pertaining to this

Agreement;

(d)

adopt decisions where provided for in this Agreement; and

(e)

be responsible for the monitoring and application of this Agreement and, in particular

Articles 27(6) and Articles 33, 34, 35, 36, 39, 40, 42, 45, 46 and 47;

(f)

exercise any other competence granted to it in this Agreement.

The Joint Committee shall act by consensus.

Decisions shall be binding on the Contracting Parties, which shall take all necessary measures

to implement them.

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The Joint Committee shall meet at least once a year, in Brussels and Bern alternately,

unless the co-chairs decide otherwise. It shall also meet at the request of either Contracting

Party. The co-chairs may agree that a meeting of the Joint Committee be held by

videoconference or teleconference.

The Joint Committee shall adopt its rules of procedure and update them as necessary.

The Joint Committee may decide to set up any working party or group of experts that

can assist it in carrying out its duties.";

(14) in Article 53, the title is replaced by the following:

"ARTICLE 53

Professional secrecy";

(15) the following article is inserted:

"ARTICLE 53a

Classified information and sensitive non-classified information

Nothing in this Agreement shall be construed as requiring a Contracting Party to make

available classified information.

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Classified information or material provided by, or exchanged between, the Contracting

Parties under this Agreement shall be handled and protected in compliance with the

Agreement between the European Union and the Swiss Confederation on the security

procedures for the exchange of classified information, done at Brussels on 28 April 2008, and

any security arrangement implementing it.

The Joint Committee shall adopt, by means of a decision, handling instructions to

ensure the protection of sensitive non-classified information exchanged between the

Contracting Parties.";

(16) Article 55 is amended as follows:

(a)

paragraph 1 is replaced by the following:

"1.

If one of the Contracting Parties wishes to have the provisions of this Agreement

revised, it shall notify the Joint Committee accordingly. Subject to paragraph 3, the amended

version of this Agreement shall enter into force on completion of the respective internal

procedures.";

(b)

paragraph 2 is deleted;

(c)

paragraph 3 is replaced by the following:

"Annexes 5, 6, 8 and 9 may be amended by a decision of the Joint Committee in accordance

with Article 51(3)(d).";

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(17) Article 57 is replaced by the following:

"This Agreement shall apply, of the one part, to the territory in which the Treaty on

European Union and the Treaty on the Functioning of the European Union apply and under

the conditions laid down in those Treaties, and, of the other part, to the territory

of Switzerland.";

(18) Annex 1 is amended as follows:

(a)

after the title, the following paragraphs are inserted:

"1.

Within the scope of the Agreement, the legal acts of the Union listed in this Annex shall

apply subject to the principle of dynamic alignment referred to in Article 5 of the

Institutional Protocol, as well as subject to the exceptions listed in paragraph 7 of that

Article.

Unless otherwise provided for in technical adaptations, rights and obligations provided

for in the legal acts of the Union set out in this Annex for Member States shall be

understood to be provided for for Switzerland. This shall be applied in full respect for

the Institutional Protocol.";

(b)

Section 4 is amended as follows:

(i)

the following acts are inserted:

"–

Regulation (EU) No 913/2010 of the European Parliament and of the Council

of 22 September 2010 concerning a European rail network for competitive freight

(OJ L 276, 20.10.2010, p. 22).

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–

Directive 2012/34/EU of the European Parliament and of the Council

of 21 November 2012 establishing a single European railway area (recast)

(OJ L 343, 14.12.2012, p. 32).

–

Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on

procedures and criteria concerning framework agreements for the allocation of rail

infrastructure capacity (OJ L 94, 8.4.2016, p. 1).

–

Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing

Annex VII to Directive 2012/34/EU of the European Parliament and of the

Council establishing a single European railway area (OJ L 295, 14.11.2017,

p. 69).";

(ii)

the following acts are deleted:

"–

Council Directive 91/440/EEC of 29 July 1991 on the development of the

Community's railways (OJ L 237, 24.8.1991, p. 25).

–

Council Directive 95/18/EC of 19 June 1995 on the licensing of railway

undertakings (OJ L 143, 27.6.1995, p. 70).

–

Council Directive 95/19/EC of 19 June 1995 on the allocation of railway

infrastructure capacity and the charging of infrastructure fees

(OJ L 143, 27.6.1995, p. 75).";

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(iii) in the entry concerning Directive 2007/59/EC, the following is added:

"The train driver's licence and the complementary certificate issued in accordance with

Articles 4(1), points (a) and (b), of Directive 2007/59/EC and the corresponding

provisions adopted or maintained in Switzerland's legal order pursuant to Article 5 of

the Institutional Protocol are mutually recognised";

(iv) in the entry concerning Directive (EU) 2016/797, the following is added:

"Directive (EU) 2016/797 is subject to transitory measures to maintain smooth rail

traffic between Switzerland and the Union, as laid down in Decision n° 2/2019 of the

Community/Switzerland Inland Transport Committee (OJ L 13, 17.1.2020, p. 43)

including any subsequent amendments, if and to the extent that the Contracting Parties

decide within the Joint Committee on adaptations extending those measures, taking into

account Article 29a, second subparagraph, of the Agreement and Article 5 of the

Institutional Protocol. Where Directive (EU) 2016/797 refers to the 'European Union

Agency for Railways', the reference shall mean for the territory of Switzerland the

'Swiss national safety authority'.";

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(v)

in the entry concerning Directive (EU) 2016/798, the following is added:

"Directive (EU) 2016/798 is subject to transitory measures to maintain smooth rail

traffic between Switzerland and the Union, as laid down in Decision n° 2/2019 of the

Community/Switzerland Inland Transport Committee (OJ L 13, 17.1.2020, p. 43)

including any subsequent amendments, if and to the extent that the Contracting Parties

decide within the Joint Committee on adaptations extending those measures, taking into

account Article 29a, second subparagraph, of the Agreement and Article 5 of the

Institutional Protocol. Where Directive (EU) 2016/798 refers to the 'European Union

Agency for Railways', the reference shall mean for the territory of Switzerland the

'Swiss national safety authority'.";

(vi) in the entry concerning Implementing Regulation (EU) 2018/545, the following is

added:

"Implementing Regulation (EU) 2018/545 is subject to transitory measures to maintain

smooth rail traffic between Switzerland and the Union, as laid down in

Decision n° 2/2019 of the Community/Switzerland Inland Transport Committee

(OJ L 13, 17.1.2020, p. 43) including any subsequent amendments, if and to the extent

that the Contracting Parties decide within the Joint Committee on adaptations extending

those measures, taking into account Article 29a, second subparagraph, of the Agreement

and Article 5 of the Institutional Protocol. Where Implementing Regulation

(EU) 2018/545 refers to the 'European Union Agency for Railways', the reference shall

mean for the territory of Switzerland the 'Swiss national safety authority'.";

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(vii) in the entry concerning Implementing Regulation (EU) 2018/763, the following is

added:

"Implementing Regulation (EU) 2018/763 is subject to transitory measures to maintain

smooth rail traffic between Switzerland and the Union, as laid down in

Decision n° 2/2019 of the Community/Switzerland Inland Transport Committee

(OJ L 13, 17.1.2020, p. 43) including any subsequent amendments, if and to the extent

that the Contracting Parties decide within the Joint Committee on adaptations extending

those measures, taking into account Article 29a, second subparagraph, of the Agreement

and Article 5 of the Institutional Protocol. Where Implementing Regulation

(EU) 2018/763 refers to the 'European Union Agency for Railways', the reference shall

mean for the territory of Switzerland the 'Swiss national safety authority'.";

(viii) in the entry concerning Implementing Regulation (EU) 2019/250, the following is

added:

"Implementing Regulation (EU) 2019/250 is subject to transitory measures to maintain

smooth rail traffic between Switzerland and the Union, as laid down in

Decision n° 2/2019 of the Community/Switzerland Inland Transport Committee

(OJ L 13, 17.1.2020, p. 43) including any subsequent amendments, if and to the extent

that the Contracting Parties decide within the Joint Committee on adaptations extending

those measures, taking into account Article 29a, second subparagraph, of the Agreement

and Article 5 of the Institutional Protocol. Where Implementing Regulation

(EU) 2019/250 refers to the 'European Union Agency for Railways', the reference shall

mean for the territory of Switzerland the 'Swiss national safety authority'.";

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(c)

in Section 5, the following act is inserted:

"–

Regulation (EC) No 1370/2007 of the European Parliament and of the Council

of 23 October 2007 on public passenger transport services by rail and by road and

repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007,

p. 1), as last amended by Regulation (EU) 2016/2338 of the European Parliament and of

the Council of 14 December 2016 (OJ L 354, 23.12.2016, p. 22); with the exception of

Articles 5 and 5a of Regulation (EC) No 1370/2007, under the terms referred to in

Article 24a(5) of the Agreement.";

(19) Annex 10 is replaced by the following:

"ANNEX

RULES FOR APPLYING THE CHARGES

PROVIDED FOR IN ARTICLE 40

Subject to the provisions of Article 40(4), the charges provided for in Article 40 shall be

applied as follows:

(a)

in the case of transport operations in Switzerland, the charges shall be increased or

decreased in proportion to the extent to which the actual distance travelled in

Switzerland is greater than or less than 300 km;

(b)

the charges shall be proportional to the vehicle's weight category.";

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(20) The Joint Declaration, attached to this Protocol, is added to the Declarations attached to the

Final Act to the Agreement.

ARTICLE 2

Entry into force

This Protocol shall be ratified or approved by the Contracting Parties in accordance with their

own procedures. The Contracting Parties shall notify each other of the completion of the internal

procedures necessary to the entry into force of this Protocol.

This Protocol shall enter into force on the first day of the second month following the last

notification regarding the following instruments:

(a)

Institutional Protocol to the Agreement between the European Community and its

Member States, of the one part, and the Swiss Confederation, of the other, on the free

movement of persons;

(b)

Amending Protocol to the Agreement between the European Community and its

Member States, of the one part, and the Swiss Confederation, of the other, on the free

movement of persons;

(c)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

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(d)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(e)

State Aid Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(f)

Institutional Protocol to the Agreement between the Swiss Confederation and the

European Community on the carriage of goods and passengers by rail and road;

(g)

State Aid Protocol to the Agreement between the European Community and the

Swiss Confederation on the carriage of goods and passengers by rail and road;

(h)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products;

(i)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

(j)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

(k)

Agreement between the European Union and the Swiss Confederation on Switzerland's

regular financial contribution towards reducing economic and social disparities in the

European Union;

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(l)

Agreement between the European Union and the European Atomic Energy Community, of the

one part, and the Swiss Confederation, of the other part, on the participation of the

Swiss Confederation in Union programmes.

(m) Agreement between the European Union and the Swiss Confederation on the terms and

conditions for the participation of the Swiss Confederation in the European Union Agency for

the Space Programme.

Done at […], on […], in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English,

Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese,

Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these

texts being equally authentic.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Protocol.

(Signature Block, to the effect of, in all 24 EU languages: "For the European Union" and "For the

Swiss Confederation")

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INSTITUTIONAL PROTOCOL

TO THE AGREEMENT

BETWEEN THE EUROPEAN COMMUNITY

AND THE SWISS CONFEDERATION

ON THE CARRIAGE OF GOODS AND PASSENGERS

BY RAIL AND ROAD

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THE EUROPEAN UNION, hereinafter referred to as the "Union",

and

THE SWISS CONFEDERATION, hereinafter referred to as "Switzerland",

hereinafter referred to as the "Contracting Parties";

WHEREAS the Union and Switzerland are bound by numerous bilateral agreements covering

various fields, providing for specific rights and obligations similar, in certain respects, to those

provided for within the Union;

RECALLING that the purpose of those bilateral agreements is to increase Europe's competitiveness

and to create closer economic ties between the Contracting Parties, based on equality, reciprocity

and the general balance of their advantages, rights and obligations;

RESOLVED to strengthen and deepen Switzerland's participation in the internal market of the

Union, on the basis of the same rules as those that apply to the internal market, while preserving

their independence and that of their institutions and, as regards Switzerland, respect for the

principles stemming from direct democracy, federalism and the sectoral nature of its participation in

the internal market;

REAFFIRMING that the competence of the Swiss Federal Supreme Court and all other Swiss

courts as well as that of the Member States' courts and of the Court of Justice of the

European Union to interpret the Agreement in individual cases is preserved;

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CONSCIOUS of ensuring uniformity in the fields related to the internal market in which

Switzerland participates, both current and future,

HAVE AGREED AS FOLLOWS:

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1

Objectives

The objective of this Protocol is to guarantee for the Contracting Parties, and for economic

operators and individuals, greater legal certainty, equal treatment and a level playing field in the

field related to the internal market falling under the scope of the Agreement between the

European Community and the Swiss Confederation on the carriage of goods and passengers by rail

and road, done at Luxembourg on 21 June 1999 (hereinafter referred to as the "Agreement").

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To this end, this Protocol provides new institutional solutions facilitating a continuous and

balanced strengthening of economic relations between the Contracting Parties. Taking account of

the principles of international law, this Protocol lays down, in particular, institutional solutions for

the Agreement which are common to the bilateral agreements concluded or to be concluded in the

fields related to the internal market in which Switzerland participates, without changing the scope

or the objectives of the Agreement, notably:

(a)

the procedure for aligning the Agreement with legal acts of the Union relevant to the

Agreement;

(b)

the uniform interpretation and application of the Agreement and of the legal acts of the Union

to which reference is made in the Agreement;

(c)

the surveillance and application of the Agreement; and

(d)

the settlement of disputes in the context of the Agreement.

ARTICLE 2

Relation to the Agreement

This Protocol, its Annex and its Appendix shall form an integral part of the Agreement.

(a)

The provisions of the Agreement repealed by this Protocol are listed below:

Article 49(1) and (2);

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(b)

(c)

(d)

(e)

Article 50;

Article 52(1) to (4) and (6);

Article 54;

Article 55(2);

(f)

the following part of Annex 1:

"In accordance with Article 52(6) of this Agreement, Switzerland shall apply legal provisions

equivalent to the following:"

References to the "European Community" or to the "Community" in the Agreement shall be

construed as references to the Union.

ARTICLE 3

Bilateral agreements in the fields related to the internal market

in which Switzerland participates

Existing and future bilateral agreements between the Union and Switzerland in the fields

related to the internal market in which Switzerland participates shall be considered as a coherent

whole which ensures a balance of rights and obligations between the Union and Switzerland.

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The Agreement constitutes a bilateral agreement in a field related to the internal market in

which Switzerland participates.

CHAPTER 2

ALIGNMENT OF THE AGREEMENT WITH LEGAL ACTS OF THE UNION

ARTICLE 4

Participation in the drafting of legal acts of the Union ("decision shaping")

When drafting a proposal for a legal act of the Union in accordance with the Treaty on the

Functioning of the European Union (hereinafter referred to as "TFEU") in the field covered by the

Agreement, the European Commission (hereinafter referred to as the "Commission") shall inform

Switzerland thereof and shall informally consult Switzerland's experts in the same way that it asks

for the views of experts from the Member States of the Union for the drafting of its proposals.

At the request of either Contracting Party, a preliminary exchange of views shall take place within

the Joint Committee.

The Contracting Parties shall consult each other again, at the request of either of them, within the

Joint Committee at important moments of the phase preceding the adoption of the legal act by the

Union, in a continuous process of information and consultation.

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When preparing, in accordance with the TFEU, delegated acts concerning basic acts of Union

law in the field covered by the Agreement, the Commission shall ensure that Switzerland has the

widest possible participation in the preparation of the drafts and shall consult Switzerland's experts

on the same basis as it consults the experts of the Member States of the Union.

When preparing, in accordance with the TFEU, implementing acts concerning basic acts of

Union law in the field covered by the Agreement, the Commission shall ensure that Switzerland has

the widest possible participation in the preparation of the drafts to be submitted later on to the

committees assisting the Commission in the exercise of its implementing powers and shall consult

Switzerland's experts on the same basis as it consults the experts from the Member States of

the Union.

Switzerland's experts shall be involved in the work of committees not covered by

paragraphs 2 and 3 where this is required for the proper functioning of the Agreement. A list of

those committees and, where appropriate, of other committees with similar characteristics, shall be

drawn up and updated by the Joint Committee.

This Article shall not apply with regard to legal acts of the Union or provisions thereof falling

within the scope of an exception referred to in Article 5(7).

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ARTICLE 5

Integration of legal acts of the Union

In order to guarantee legal certainty and the homogeneity of the law in the field related to the

internal market in which Switzerland participates by virtue of the Agreement, Switzerland and the

Union shall ensure that legal acts of the Union adopted in the field covered by the Agreement are

integrated into the Agreement as quickly as possible after their adoption.

Switzerland shall adopt or maintain provisions in its legal order with a view to achieving the

result to be attained by the legal acts of the Union integrated into the Agreement in accordance with

paragraph 4 subject, as the case may be, to the adaptations decided upon by the Joint Committee.

When it adopts a legal act in the field covered by the Agreement, the Union shall inform

Switzerland thereof as quickly as possible through the Joint Committee. At the request of either of

the Contracting Parties, the Joint Committee shall conduct an exchange of views on the subject.

The Joint Committee shall act in accordance with paragraph 1 by adopting a decision as

quickly as possible to amend Annexes 1, 3, 4 and 7 to the Agreement, including the necessary

adaptations.

Without prejudice to paragraphs 1 and 2, if necessary in order to ensure coherence of the

Agreement with its Annexes as amended pursuant to paragraph 4, the Joint Committee may

propose, for approval by the Contracting Parties according to their internal procedures, the revision

of the Agreement.

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References in the Agreement to legal acts of the Union that are no longer in force shall be

construed as references to the repealing legal act of the Union as integrated into Annex 1 to the

Agreement as from the entry into force of the Joint Committee's decision on the corresponding

amendment of the Annex to the Agreement pursuant to paragraph 4, unless otherwise provided in

that decision.

The obligation set out in paragraph 1 shall not apply to legal acts of the Union or provisions

thereof falling within the scope of the following exceptions:

–

Article 7(3) of the Agreement,

Article 14 of the Agreement,

Article 15 of the Agreement,

Article 20 of the Agreement,

Article 24a of the Agreement,

Article 32a of the Agreement,

Article 40 of the Agreement,

Article 42 of the Agreement.

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Subject to Article 6, decisions of the Joint Committee pursuant to paragraph 4 shall enter into

force immediately, but under no circumstances before the date on which the corresponding legal act

of the Union becomes applicable in the Union.

The Contracting Parties shall cooperate in good faith throughout the procedure set out in this

Article in order to facilitate decision-making.

ARTICLE 6

Fulfilment of constitutional obligations by Switzerland

During the exchange of views referred to in Article 5(3), Switzerland shall inform the Union

whether a decision as referred to in Article 5(4) requires the fulfilment of constitutional obligations

by Switzerland in order to become binding.

Where the decision referred to in Article 5(4) requires Switzerland to fulfil constitutional

obligations in order to become binding, Switzerland shall have a time limit of two years maximum

from the date of the information provided for in paragraph 1, except where a referendum procedure

is launched, in which case this period shall be extended by one year.

Pending the information by Switzerland that it has fulfilled its constitutional obligations, the

Contracting Parties shall provisionally apply the decision referred to in Article 5(4), unless

Switzerland informs the Union that the provisional application of the decision is not possible and

provides the reasons for this.

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Under no circumstances can the provisional application occur before the date on which the

corresponding legal act of the Union becomes applicable in the Union.

Switzerland shall notify the Union without delay through the Joint Committee once it has

fulfilled the constitutional obligations referred to in paragraph 1.

The decision shall enter into force on the day on which the notification provided for in

paragraph 4 is delivered, but under no circumstances before the date on which the corresponding

legal act of the Union becomes applicable in the Union.

CHAPTER 3

INTERPRETATION AND APPLICATION OF THE AGREEMENT

ARTICLE 7

Uniform interpretation principle

For the purpose of achieving the objectives set out in Article 1 and in accordance with the

principles of public international law, the bilateral agreements in the fields related to the internal

market in which Switzerland participates and the legal acts of the Union to which reference is made

in such agreements shall be uniformly interpreted and applied in the fields related to the internal

market in which Switzerland participates.

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The legal acts of the Union to which reference is made in the Agreement and, to the extent

that their application involves concepts of Union law, the provisions of the Agreement shall be

interpreted and applied in accordance with the case law of the Court of Justice of the

European Union, prior or subsequent to the signature of the Agreement.

ARTICLE 8

Effective and harmonious application principle

The Commission and the competent Swiss authorities shall cooperate and assist each other in

ensuring the surveillance of the application of the Agreement. They may exchange information on

the activities of surveillance of the application of the Agreement. They may exchange views and

discuss issues of mutual interest.

Each Contracting Party shall take appropriate measures to ensure the effective and

harmonious application of the Agreement on its territory.

The surveillance of the application of the Agreement shall be carried out jointly by the

Contracting Parties within the Joint Committee.

If the Commission or the competent Swiss authorities become aware of a case of incorrect

application, the matter may be referred to the Joint Committee with a view to finding an acceptable

solution.

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The Commission and the competent Swiss authorities respectively shall monitor the

application of the Agreement by the other Contracting Party. The procedure provided for in

Article 10 applies.

To the extent that certain surveillance competences of the institutions of the Union as regards one

Contracting Party are necessary to ensure the effective and harmonious application of the

Agreement, such as investigation and decision powers, the Agreement must foresee them

specifically.

ARTICLE 9

Exclusivity principle

The Contracting Parties undertake not to submit a dispute regarding the interpretation or application

of the Agreement and of the legal acts of the Union to which reference is made in the Agreement or,

where applicable, regarding the conformity with the Agreement of a decision adopted by the

Commission on the basis of the Agreement to any method of settlement other than those provided

for in this Protocol.

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ARTICLE 10

Procedure in the event of difficulty of interpretation or application

In the event of difficulty of interpretation or application of the Agreement or of a legal act of

the Union to which reference is made in the Agreement, the Contracting Parties shall consult each

other within the Joint Committee in order to find a mutually acceptable solution. To this end, all

useful elements of information shall be provided to the Joint Committee to enable it to make a

detailed examination of the situation. The Joint Committee shall examine all possibilities that allow

the proper functioning of the Agreement to be maintained.

If the Joint Committee is not able to find a solution to the difficulty referred to in paragraph 1

within three months of the date on which the difficulty was submitted to it, either of the Contracting

Parties may request that an arbitral tribunal settle the dispute in accordance with the rules laid down

in the Appendix.

Where the dispute raises a question concerning the interpretation or application of a provision

referred to in Article 7(2), and if the interpretation of that provision is relevant to the settlement of

the dispute and necessary to enable it to decide, the arbitral tribunal shall refer that question to the

Court of Justice of the European Union.

Where the dispute raises a question concerning the interpretation or application of a provision that

falls within the scope of an exception from the dynamic alignment obligation referred to in

Article 5(7), and where the dispute does not involve the interpretation or application of concepts of

Union law, the arbitral tribunal shall settle the dispute without referral to the Court of Justice of the

European Union.

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Where the arbitral tribunal refers a question to the Court of Justice of the European Union

pursuant to paragraph 3:

(a)

the ruling of the Court of Justice of the European Union shall be binding on the arbitral

tribunal; and

(b)

Switzerland shall enjoy the same rights as the Member States and the institutions of the Union

and shall be subject to the same procedures before the Court of Justice of the European Union,

mutatis mutandis.

Each Contracting Party shall take all measures necessary to comply in good faith with the

arbitral tribunal's decision.

The Contracting Party that has been found by the arbitral tribunal not to have complied with the

Agreement shall inform the other Contracting Party through the Joint Committee of the measures it

has taken to comply with the arbitral tribunal's decision.

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ARTICLE 11

Compensatory measures

If the Contracting Party that has been found by the arbitral tribunal not to have complied with

the Agreement does not inform the other Contracting Party, within a reasonable time period set in

accordance with Article IV.2(6) of the Appendix, of the measures it has taken to comply with the

arbitral tribunal's decision, or if the other Contracting Party considers that the measures

communicated do not comply with the arbitral tribunal's decision, this other Contracting Party may

adopt proportionate compensatory measures within the framework of the Agreement or of any other

bilateral agreement in the fields related to the internal market in which Switzerland participates

(hereinafter referred to as "compensatory measures") in order to remedy a potential imbalance. It

shall notify the Contracting Party that has been found by the arbitral tribunal not to have complied

with the Agreement of the compensatory measures, which shall be specified in the notification.

Those compensatory measures shall take effect three months from the date of this notification.

If, within one month from the date of the notification of the intended compensatory measures,

the Joint Committee has not taken a decision to suspend, amend or annul those compensatory

measures, either Contracting Party may submit to arbitration the question of the proportionality of

those compensatory measures, in accordance with the Appendix.

The arbitral tribunal shall decide within the time limits laid down in Article III.8(4) of the

Appendix.

Compensatory measures shall not have retroactive effect. In particular, the rights and

obligations already acquired by individuals and economic operators before the compensatory

measures take effect shall be preserved.

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ARTICLE 12

Cooperation between jurisdictions

To promote the homogeneous interpretation, the Swiss Federal Supreme Court and the

Court of Justice of the European Union shall agree on a dialogue and the modalities thereof.

Switzerland shall have the right to lodge statements of case or written observations with the

Court of Justice of the European Union where a court of a Member State of the Union refers to the

Court of Justice of the European Union a question concerning the interpretation of the Agreement

or of a provision of a legal act of the Union referred to therein for a preliminary ruling.

CHAPTER 4

OTHER PROVISIONS

ARTICLE 13

Financial contribution

Switzerland shall contribute to the financing of the activities of the Union agencies,

information systems and other activities listed in Article 1 of the Annex to which it has access, in

accordance with this Article and the Annex.

The Joint Committee may adopt a decision to amend the Annex.

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The Union may suspend the participation of Switzerland in the activities referred to in

paragraph 1 of this Article at any time if Switzerland fails to meet the payment deadline in

accordance with the terms of payment set out in Article 2 of the Annex.

Where Switzerland fails to meet a payment deadline, the Union shall send Switzerland a formal

letter of reminder. Where no full payment is made within 30 days of the date of reception of that

formal letter of reminder, the Union may suspend the participation of Switzerland in the relevant

activity.

The financial contribution shall take the form of the sum of:

(a)

an operational contribution; and

(b)

a participation fee.

The financial contribution shall take the form of an annual financial contribution and shall be

due at the dates specified in the calls for funds issued by the Commission.

The operational contribution shall be based on a contribution key defined as the ratio of the

gross domestic product (hereinafter referred to as "GDP") of Switzerland at market prices to the

GDP of the Union at market prices.

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For that purpose, the figures for GDP at market prices of the Contracting Parties shall be the latest

such figures available as of 1 January of the year in which the annual payment is made as provided

by the Statistical Office of the European Union, with due regard to the Agreement between the

European Community and the Swiss Confederation on cooperation in the field of statistics, done at

Luxembourg on 26 October 2004. If that agreement ceases to apply, the GDP of Switzerland shall

be the one established on the basis of data provided by the Organisation for Economic Co-operation

and Development.

The operational contribution for each Union agency shall be calculated by applying the

contribution key to its annual voted budget inscribed on the relevant Union budget subsidy line(s)

of the year in question, taking into account for each agency any adjusted operational contribution as

defined in Article 1 of the Annex.

The operational contribution for the information systems and other activities shall be calculated by

applying the contribution key to the relevant budget of the year in question as set out in documents

implementing the budget, such as work programmes or contracts.

All reference amounts shall be based on commitment appropriations.

The annual participation fee shall be 4 % of the annual operational contribution as calculated

in accordance with paragraphs 5 and 6.

The Commission shall provide Switzerland with adequate information in relation to the

calculation of its financial contribution. That information shall be provided having due regard to the

Union's confidentiality and data protection rules.

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All financial contributions by Switzerland or payments from the Union, and the calculation of

amounts due or to be received, shall be made in euro.

10.

Where the entry into force of this Protocol does not coincide with the beginning of a calendar

year, Switzerland's operational contribution for the year in question shall be subject to adjustment,

according to the methodology and terms of payment defined in Article 5 of the Annex.

11.

Detailed provisions for the application of this Article are set out in the Annex.

12.

Three years following the entry into force of this Protocol, and every three years

subsequently, the Joint Committee shall review the conditions of Switzerland's participation as

defined in Article 1 of the Annex and, where appropriate, adapt them.

ARTICLE 14

References to territories

Whenever the legal acts of the Union integrated into the Agreement contain references to the

territory of the "European Union", of the "Union", of the "common market" or of the "internal

market", the references shall for the purposes of the Agreement be understood to be references to

the territories referred to in Article 57 of the Agreement.

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ARTICLE 15

References to nationals of Member States of the Union

Whenever the legal acts of the Union integrated into the Agreement contain references to nationals

of Member States of the Union, the references shall, for the purposes of the Agreement, be

understood to be references to nationals of the Member States of the Union and of Switzerland.

ARTICLE 16

Entry into force and implementation of the legal acts of the Union

Provisions of the legal acts of the Union integrated into the Agreement on their entry into force or

implementation are not relevant for the purposes of the Agreement.

The time limits and dates for Switzerland for bringing into force and implementing the decisions

integrating legal acts of the Union into the Agreement follow from Article 5(8) and Article 6(5), as

well as from provisions on transitional arrangements.

ARTICLE 17

Addressees of the legal acts of the Union

Provisions of the legal acts of the Union integrated into the Agreement indicating that they are

addressed to the Member States of the Union are not relevant for the purposes of the Agreement.

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CHAPTER 5

FINAL PROVISIONS

ARTICLE 18

Implementation

The Contracting Parties shall take all appropriate measures, whether general or particular, to

ensure the fulfilment of the obligations arising from the Agreement and shall refrain from taking

any measure which could jeopardise the achievement of its objectives.

The Contracting Parties shall take all measures necessary to guarantee the intended result of

the legal acts of the Union to which reference is made in the Agreement and shall refrain from

taking any measure that could jeopardise the achievement of their aims.

ARTICLE 19

Entry into force

This Protocol shall be ratified or approved by the Contracting Parties in accordance with their

own procedures. The Contracting Parties shall notify each other of the completion of the internal

procedures necessary to the entry into force of this Protocol.

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This Protocol shall enter into force on the first day of the second month following the last

notification regarding the following instruments:

(a)

Institutional Protocol to the Agreement between the European Community and its

Member States, of the one part, and the Swiss Confederation, of the other, on the free

movement of persons;

(b)

Amending Protocol to the Agreement between the European Community and its

Member States, of the one part, and the Swiss Confederation, of the other, on the free

movement of persons;

(c)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport

(d)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(e)

State Aid Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(f)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on the carriage of goods and passengers by rail and road;

(g)

State Aid Protocol to the Agreement between the European Community and the

Swiss Confederation on the carriage of goods and passengers by rail and road;

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(h)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products;

(i)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

(j)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

(k)

Agreement between the European Union and the Swiss Confederation on Switzerland's

regular financial contribution towards reducing economic and social disparities in the

European Union;

(l)

Agreement between the European Union and the European Atomic Energy Community, of the

one part, and the Swiss Confederation, of the other part, on the participation of the

Swiss Confederation in Union programmes;

(m) Agreement between the European Union and the Swiss Confederation on the terms and

conditions for the participation of the Swiss Confederation in the European Union Agency for

the Space Programme.

ARTICLE 20

Amendment and termination

This Protocol may be amended at any time by mutual agreement of the Contracting Parties.

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Where the Agreement is terminated in accordance with Article 58(3) of the Agreement, this

Protocol shall cease to be in force on the date referred to in Article 58(4) of the Agreement.

Where the Agreement ceases to be in force, the rights and obligations that individuals and

economic operators have already acquired by virtue of the Agreement before the date of the

cessation of the Agreement shall be preserved. The Contracting Parties shall settle by mutual

agreement what action is to be taken in respect of rights in the process of being acquired.

Done at […], on […], in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English,

Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese,

Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these

texts being equally authentic.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Protocol.

(Signature Block, to the effect of, in all 24 EU languages: "For the European Union" and "For the

Swiss Confederation")

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ANNEX

ANNEX ON THE APPLICATION OF ARTICLE 13 OF THE PROTOCOL

ARTICLE 1

List of the activities of the Union agencies, information systems and other activities

to which Switzerland is to contribute financially

Switzerland shall contribute financially to the following:

(a)

agencies:

none.

(b)

information systems:

none.

(c)

other activities:

none.

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ARTICLE 2

Terms of payment

Payments due pursuant to Article 13 of the Protocol shall be made in accordance with this

Article.

When issuing the call for funds of the financial year, the Commission shall communicate the

following information to Switzerland:

(a)

the amount of the operational contribution; and

(b)

the amount of the participation fee.

The Commission shall communicate to Switzerland, as soon as possible and at the latest

on 16 April of each financial year, the following information in relation to Switzerland's

participation:

(a)

the amounts in commitment appropriations of the annual Union voted budget inscribed on the

relevant Union budget subsidy line(s) of the year in question for each Union agency, taking

into account for each agency any adjusted operational contribution as defined in Article 1, and

the amounts in commitment appropriations in relation to the Union voted budget of the year in

question for the relevant budget of the information systems and other activities, covering the

participation of Switzerland in accordance with Article 1;

(b)

the amount of the participation fee referred to in Article 13(7) of the Protocol; and

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(c)

as regards agencies, in year N+1, the amounts in budgetary commitments made on

commitment appropriations authorised in year N on the relevant Union budget subsidy line(s)

in relation to the annual Union budget inscribed on the relevant Union budget subsidy line(s)

of year N.

On the basis of its draft budget, the Commission shall provide an estimate of information

under points (a) and (b) of paragraph 3 as soon as possible, and at the latest, by 1 September of the

financial year.

The Commission shall issue to Switzerland, at the latest on 16 April and, if applicable to the

relevant agency, information system or other activity, at the earliest on 22 October and at the latest

on 31 October of each financial year, a call for funds that corresponds to the contribution of

Switzerland under the Agreement for each of the agencies, information systems and other activities

in which Switzerland participates.

The call(s) for funds referred to in paragraph 5 shall be structured in instalments as follows:

(a)

the first instalment of each year, in relation to the call for funds to be issued by 16 April, shall

correspond to an amount up to the equivalent of the estimate of the annual financial

contribution of the agency, information system or other activity in question referred to in

paragraph 4;

Switzerland shall pay the amount indicated in this call for funds at the latest 60 days after the

call for funds is issued.

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(b)

where applicable, the second instalment of the year, in relation to the call for funds to be

issued at the earliest on 22 October and at the latest on 31 October, shall correspond to the

difference between the amount referred to in paragraph 4 and the amount referred to in

paragraph 5, where the amount referred to in paragraph 5 is higher.

Switzerland shall pay the amount indicated in this call for funds at the latest by 21 December.

For each call for funds, Switzerland may make separate payments for each agency, information

system or other activity.

For the first year of implementation of the Protocol, the Commission shall issue a single call

for funds, within 90 days of the entry into force of the Protocol.

Switzerland shall pay the amount indicated in the call for funds at the latest 60 days after the call for

funds is issued.

Any delay in the payment of the financial contribution shall give rise to the payment of

default interest by Switzerland on the outstanding amount as from the due date until the day on

which that outstanding amount is paid in full.

The interest rate for amounts receivable not paid on the due date shall be the rate applied by the

European Central Bank to its principal refinancing operations, as published in the C series of the

Official Journal of the European Union,

in force on the first day of the month in which the due date

falls, or 0 %, whichever is higher, plus 3,5 percentage points.

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ARTICLE 3

Adjustment of Switzerland's financial contribution to Union agencies

in the light of implementation

The adjustment of Switzerland's financial contribution to Union agencies shall be made in

year N+1, when the initial operational contribution shall be adjusted upwards or downwards by the

difference between the initial operational contribution and an adjusted contribution calculated by

applying the contribution key of year N to the amount of budgetary commitments made on

commitment appropriations authorised in year N under the relevant Union subsidy budget line(s).

Where applicable, the difference shall take into account, for each agency, the percentage-based

adjusted operational contribution as defined in Article 1.

ARTICLE 4

Existing arrangements

Article 13 of the Protocol and this Annex shall not apply to specific arrangements between

Switzerland and the Union which include financial contributions by Switzerland. The agencies,

information systems and other activities covered by such arrangements are the following:

–

TACHOnet, established by Commission Implementing Regulation (EU) 2016/68

of 21 January 2016 on common procedures and specifications necessary for the

interconnection of electronic registers of driver cards (OJ L 15, 22.1.2016, p. 51), as last

amended by Commission Implementing Regulation (EU) 2017/1503 of 25 August 2017

(OJ L 221, 26.8.2017, p. 10), as applicable according to Annex 1 of the Agreement;

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–

One-Stop Shop (OSS) of the European Union Agency for Railways (ERA), established by

Article 12 of the Regulation (EU) 2016/796 of 11 May 2016 on the European Union Agency

for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1),

according to the Administrative Arrangement Between the Swiss Federal Office of Transport

and the European Union Agency for Railways, done at Brussels on 13 December 2019.

ARTICLE 5

Transitional arrangements

In the event that the date of entry into force of the Protocol is not 1 January, this Article shall apply

by way of derogation from Article 2.

For the first year of implementation of the Protocol, in relation to the operational contribution due

for the year in question applicable to the relevant agency, information system or other activity, as

established in accordance with Article 13 of the Protocol and Articles 1 to 3 of this Annex, the

operational contribution shall be reduced on a

pro rata temporis

basis by multiplying the amount of

the annual operational contribution due to the ratio of the following:

(a)

the number of calendar days from the date of entry into force of the Protocol

until 31 December of the year in question; and

(b)

the total number of calendar days of the year in question.

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Appendix

APPENDIX ON THE ARBITRAL TRIBUNAL

CHAPTER I

PRELIMINARY PROVISIONS

ARTICLE I.1

Scope

If one of the Contracting Parties (hereinafter referred to as "parties") submits a dispute for

arbitration in accordance with Articles 10(2) or 11(2) of the Protocol, the rules set out in this

Appendix shall apply.

ARTICLE I.2

Registry and secretarial services

The International Bureau of the Permanent Court of Arbitration at the Hague (hereinafter referred to

as "International Bureau") shall fulfil the functions of registry and provide the necessary secretarial

services.

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ARTICLE I.3

Notices and calculation of time limits

Notices, including communications or proposals, may be sent by any means of

communication that certifies their transmission, or enables them to be certified.

Such notices may be sent electronically only if an address has been designated or authorised

by a party specifically for this purpose.

Such notices served on the parties shall be sent, for Switzerland, to Switzerland's Europe

Division of the Federal Department of Foreign Affairs and, for the Union, to the Commission's

Legal Service.

Any time limit laid down in this Appendix shall run from the day after an event occurs or an

action takes place. If the last day for delivery of a document falls on a non-working day of the

institutions of the Union or of the government of Switzerland, the time period for the delivery of the

document shall end on the first following working day. Non-working days that fall within the time

period shall be counted.

ARTICLE I.4

Notice of arbitration

The party taking the initiative to use arbitration (hereinafter referred to as "applicant") shall

send to the other party (hereinafter referred to as "defendant") and to the International Bureau a

notice of arbitration.

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Arbitration proceedings shall be deemed to commence on the day after that on which the

notice of arbitration is received by the defendant.

The notice of arbitration shall include the following information:

(a)

the demand that the dispute be referred to arbitration;

(b)

the names and contact details of the parties;

(c)

the name and address of the applicant's agent(s);

(d)

the legal basis of the proceedings (Article 10(2) or Article 11(2) of the Protocol) and:

(i)

in the cases referred to in Article 10(2) of the Protocol, the question causing the dispute

as officially entered, for resolution, on the agenda of the Joint Committee in accordance

with Article 10(1) of the Protocol; and

(ii)

in the cases referred to in Article 11(2) of the Protocol, the decision of the arbitral

tribunal, any implementation measures mentioned in Article 10(5) of the Protocol and

the disputed compensatory measures;

(e)

the designation of any rule causing the dispute or related to it;

(f)

a brief description of the dispute; and

(g)

the designation of an arbitrator or, if five arbitrators are to be appointed, the designation of

two arbitrators.

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In the cases referred to in Article 10(3) of the Protocol, the notice of arbitration may also

contain information concerning the need for a referral to the Court of Justice of the

European Union.

Any claims on the sufficiency of the notice of arbitration shall not prevent the constitution of

the arbitral tribunal. The dispute shall be decided definitively by the arbitral tribunal.

ARTICLE I.5

Response to the notice of arbitration

Within 60 days of receiving the notice of arbitration, the defendant shall send a response to

the notice of arbitration to the applicant and the International Bureau, which shall include the

following information:

(a)

the names and contact details of the parties;

(b)

the name and address of the defendant's agent(s);

(c)

a response to the information given in the notice of arbitration in accordance with points (d)

to (f) of Article I.4(3); and

(d)

the designation of an arbitrator or, if five arbitrators are to be appointed, the designation of

two arbitrators.

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In the cases referred to in Article 10(3) of the Protocol, the response to the notice of

arbitration may also contain a response to the information given in the notice of arbitration in

accordance with Article I.4(4) of this Appendix and information concerning the need for a referral

to the Court of Justice of the European Union.

The lack of, or an incomplete or late, response from the defendant to the notice of arbitration

shall not prevent the constitution of an arbitral tribunal. The dispute shall be decided definitively by

the arbitral tribunal.

If the defendant requests that the arbitral tribunal consist of five arbitrators in its response to

the notice of arbitration, the applicant shall designate an additional arbitrator within 30 days of

receipt of the response to the notice of arbitration.

ARTICLE I.6

Representation and assistance

The parties shall be represented before the arbitral tribunal by one or more agents. The agents

may be assisted by advisers or lawyers.

Any change to the agents or their addresses shall be notified to the other party, the

International Bureau and the arbitral tribunal. The arbitral tribunal may, at any time, on its own

initiative or at the request of a party, request evidence of the powers conferred on the agents of the

parties.

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CHAPTER II

COMPOSITION OF THE ARBITRAL TRIBUNAL

ARTICLE II.1

Number of arbitrators

The arbitral tribunal shall be composed of three arbitrators. If the applicant in its notice of

arbitration or the defendant in its response to the notice of arbitration so request, the arbitral tribunal

shall be composed of five arbitrators.

ARTICLE II.2

Appointment of arbitrators

If three arbitrators are to be appointed, each of the parties shall designate one of them. The

two arbitrators appointed by the parties shall select the third arbitrator, who shall be the chair of the

arbitral tribunal.

If five arbitrators are to be appointed, each of the parties shall designate two of them. The four

arbitrators appointed by the parties shall select the fifth arbitrator, who shall be the chair of the

arbitral tribunal.

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If, within 30 days of the designation of the last arbitrator appointed by the parties, the

arbitrators have not reached agreement on the selection of the chair of the arbitral tribunal, the chair

shall be appointed by the Secretary-General of the Permanent Court of Arbitration.

To assist in the selection of arbitrators to compose the arbitral tribunal, an indicative list of

persons possessing the qualifications referred to in paragraph 6, which shall be common to all

bilateral agreements in the fields related to the internal market in which Switzerland participates as

well as the Agreement between the European Union and the Swiss Confederation on health, done

at […] on […] (hereinafter referred to as "Agreement on health"), the Agreement between the

European Community and the Swiss Confederation on trade in agricultural products, done at

Luxembourg on 21 June 1999 (hereinafter referred to as "Agreement on trade in agricultural

products") and the Agreement between the European Union and the Swiss Confederation on

Switzerland's regular financial contribution towards reducing economic and social disparities in the

European Union, done at […] on […] (hereinafter referred to as "Agreement on Switzerland's

regular financial contribution"), shall be established and updated when necessary. The Joint

Committee shall adopt and update that list by a decision for the purposes of the Agreement.

Where a party fails to designate an arbitrator, the Secretary-General of the Permanent Court of

Arbitration shall appoint that arbitrator from the list referred to in paragraph 4. In the absence of

such a list, the arbitrator shall be appointed by lot by the Secretary-General of the Permanent Court

of Arbitration from the individuals who have been formally proposed by one party or both parties

for the purposes of paragraph 4.

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The persons constituting the arbitral tribunal shall be highly qualified persons, with or without

ties to the parties, whose independence and lack of conflicts of interest is guaranteed, along with a

wide range of experience. In particular, they shall have demonstrated expertise in law and the

matters covered by this Agreement; they shall not take instructions from either party; and they shall

serve in their individual capacities and not take instructions from any organisation or government

with regard to matters related to the dispute. The chair of the arbitral tribunal shall also have

experience in dispute settlement procedures.

ARTICLE II.3

Arbitrators' declarations

When a person is being considered for appointment as an arbitrator, that person shall report

all circumstances likely to give rise to legitimate doubts as to his or her impartiality or

independence. From the appointment and throughout the entire arbitration proceedings, an arbitrator

shall report such circumstances to the parties and to the other arbitrators without delay, if the

arbitrator has not already done so.

Any arbitrator may be dismissed if circumstances exist that could give rise to legitimate

doubts about his or her impartiality or independence.

A party may only request the dismissal of an arbitrator that it has appointed for a reason that

becomes known to it after that appointment.

If an arbitrator fails to act or if it is impossible

de jure

de facto

for an arbitrator to fulfil his

or her role, the procedure for the dismissal of arbitrators laid down in Article II.4 shall apply.

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ARTICLE II.4

Dismissal of arbitrators

Any party wishing to dismiss an arbitrator shall make a request for dismissal within 30 days

of the date on which it is notified of the appointment of that arbitrator or within 30 days of the date

on which it becomes aware of the circumstances referred to in Article II.3.

The request for dismissal shall be sent to the other party, to the dismissed arbitrator, to the

other arbitrators and to the International Bureau. It shall set out the reasons for the request for

dismissal.

When a request for dismissal has been made, the other party may accept the request for

dismissal. The arbitrator in question may also step aside. The acceptance or stepping aside does not

imply acknowledgement of the reasons for the request for dismissal.

If, within 15 days of the date of the notification of the request for dismissal, the other party

does not accept the request for dismissal or the arbitrator in question does not step aside, the party

requesting the dismissal may ask the Secretary-General of the Permanent Court of Arbitration to

take a decision on the dismissal.

Unless the parties agree otherwise, the decision referred to in paragraph 4 shall indicate the

reasons for that decision.

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ARTICLE II.5

Replacement of an arbitrator

Subject to paragraph 2 of this Article, if it is necessary to replace an arbitrator during the

arbitration proceedings, a replacement shall be appointed or selected in accordance with the

procedure laid down in Article II.2 applicable to the appointment or selection of the arbitrator to be

replaced. That procedure shall apply even if one party had not exercised its right to appoint or to

participate in the appointment of the arbitrator to be replaced.

In the event of replacement of an arbitrator, the procedure shall resume at the stage where the

replaced arbitrator ceased to perform his or her functions, unless the arbitral tribunal decides

otherwise.

ARTICLE II.6

Exclusion of liability

Except in cases of intentional wrongdoing or gross negligence, the parties renounce, to the

maximum extent permitted by the applicable law, any action against the arbitrators for any act or

omission related to the arbitration.

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CHAPTER III

ARBITRATION PROCEEDINGS

ARTICLE III.1

General provisions

The date of establishment of the arbitral tribunal shall be the date on which the last arbitrator

has accepted his or her appointment.

The arbitral tribunal shall ensure that the parties are treated equally and that, at an appropriate

stage of the proceedings, each of them has sufficient possibility to assert their rights and present

their case. The arbitral tribunal shall conduct the proceedings in such a way as to avoid delays and

unnecessary expenditure and to ensure the dispute between the parties is settled.

A hearing shall be organised, unless the arbitral tribunal decides otherwise, having heard the

parties.

When a party sends a communication to the arbitral tribunal, it shall do so through the

International Bureau and shall send a copy to the other party at the same time. The International

Bureau shall send a copy of that communication to each of the arbitrators.

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ARTICLE III.2

Place of arbitration

The place of arbitration is The Hague. The arbitral tribunal may, if exceptional circumstances so

require, meet at any other place that it considers appropriate for its deliberations.

ARTICLE III.3

Language

The languages of the proceedings shall be French and English.

The arbitral tribunal may order all documents enclosed with the statement of claim or the

statement of defence and all further documents produced during the proceedings, submitted in their

original language, to be accompanied by a translation in one of the languages of the proceedings.

ARTICLE III.4

Statement of claim

The applicant shall send its statement of claim in writing to the defendant and to the arbitral

tribunal through the International Bureau, within the time limit set by the arbitral tribunal. The

applicant may decide to deem its notice of arbitration referred to in Article I.4 a statement of claim,

provided that it also meets the conditions in paragraphs 2 and 3 of this Article.

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The statement of claim shall include the following information:

(a)

the information set out in points (b) to (f) of Article I.4(3);

(b)

a statement of facts submitted in support of the claim; and

(c)

the legal arguments put forward in support of the claim.

The statement of claim shall, as far as possible, be accompanied by any documents and other

evidence mentioned by the applicant or should refer to them. In the cases referred to in Article 10(3)

of the Protocol, the statement of claim shall also, as far as possible, contain information concerning

the need for a referral to the Court of Justice of the European Union.

ARTICLE III.5

Statement of defence

The defendant shall send the statement of defence in writing to the applicant and to the

arbitral tribunal through the International Bureau, within the time limit set by the arbitral tribunal.

The defendant may decide to deem the response to the notice of arbitration referred to in Article I.5

a statement of defence, provided that the response to the notice of arbitration also meets the

conditions in paragraph 2 of this Article.

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The statement of defence shall respond to the points in the statement of claim indicated in

accordance with points (a) to (c) of Article III.4(2) of this Appendix. It shall, as far as possible, be

accompanied by any documents and other evidence mentioned by the defendant or should refer to

them. In the cases referred to in Article 10(3) of the Protocol, the statement of defence shall also, as

far as possible, contain information concerning the need for a referral to the Court of Justice of the

European Union.

In the statement of defence, or at a later stage in the arbitration proceedings if the arbitral

tribunal decides that a delay is justified by circumstances, the defendant may make a counterclaim

provided that the arbitral tribunal has jurisdiction in respect of it.

Article III.4(2) and (3) shall apply to a counterclaim.

ARTICLE III.6

Arbitral jurisdiction

The arbitral tribunal shall rule on whether it has jurisdiction on the basis of Articles 10(2)

or 11(2) of the Protocol.

In the cases referred to in Article 10(2) of the Protocol, the arbitral tribunal shall have a

mandate to examine the question causing the dispute as officially entered, for resolution, on the

agenda of the Joint Committee in accordance with Article 10(1) of the Protocol.

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In the cases referred to in Article 11(2) of the Protocol, the arbitral tribunal that heard the

main case shall have a mandate to examine the proportionality of the disputed compensatory

measures, including where those measures have in whole or in part been taken in another bilateral

agreement in the fields related to the internal market in which Switzerland participates.

A preliminary objection of lack of jurisdiction of the arbitral tribunal shall be made at the

latest in the statement of defence or, in the case of a counterclaim, in the reply. The fact that a party

has appointed an arbitrator or has taken part in their appointment shall not deprive it of the right to

make such a preliminary objection. The preliminary objection that the dispute would exceed the

arbitral tribunal's powers shall be made as soon as the question alleged to exceed its powers is

raised during the arbitration proceedings. In any event, the arbitral tribunal may allow a preliminary

objection made after the time limit laid down has elapsed if it believes that the delay was for a valid

reason.

The arbitral tribunal may rule on the preliminary objection referred to in paragraph 4 either by

treating it as a preliminary question or in the decision on the substance of the case.

ARTICLE III.7

Other written submissions

The arbitral tribunal shall, after having consulted the parties, decide what other written submissions,

in addition to the statement of claim and statement of defence, the parties shall or may submit and

shall set the time limit for their submission.

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ARTICLE III.8

Time limits

The time limits set by the arbitral tribunal for the communication of the written documents,

including the statement of claim and the statement of defence, shall not exceed 90 days, unless the

parties agree otherwise.

The arbitral tribunal shall take its final decision within 12 months of the date of its

establishment. In exceptional circumstances of particular difficulty, the arbitral tribunal may extend

that period by up to three additional months.

The time limits laid down in paragraphs 1 and 2 shall be halved:

(a)

upon request by the applicant or the defendant, if, within 30 days of that request the arbitral

tribunal rules, after hearing the other party, that the case is urgent; or

(b)

if the parties so agree.

In the cases referred to in Article 11(2) of the Protocol, the arbitral tribunal shall take its final

decision within six months of the date on which the compensatory measures have been notified in

accordance with Article 11(1) of the Protocol.

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ARTICLE III.9

Referrals to the Court of Justice of the European Union

In application of Article 7 and Article 10(3) of the Protocol, the arbitral tribunal shall make a

referral to the Court of Justice of the European Union.

The arbitral tribunal may make a referral to the Court of Justice of the European Union at any

time in the proceedings, provided that the arbitral tribunal is able to define precisely enough the

legal and factual background of the case, and the legal questions it raises.

The proceedings before the arbitral tribunal shall be suspended until the Court of Justice of the

European Union has delivered its ruling.

Each party may send a reasoned request to the arbitral tribunal to make a referral to the Court

of Justice of the European Union. The arbitral tribunal shall reject such a request if it considers the

conditions for a referral to the Court of Justice of the European Union referred to in paragraph 1 not

to be met. If the arbitral tribunal rejects a party's request for a referral to the Court of Justice of the

European Union, it shall give reasons for its decision in the decision on the substance of the case.

The arbitral tribunal shall make a referral to the Court of Justice of the European Union by

means of a notice. The notice shall contain at least the following information:

(a)

a brief description of the dispute;

(b)

the legal act(s) of the Union and/or the provision(s) of the Agreement at issue; and

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(c)

the concept of Union law to be interpreted in accordance with Article 7(2) of the Protocol.

The arbitral tribunal shall give notice of the referral to the Court of Justice of the European Union to

the parties.

The Court of Justice of the European Union shall apply, by analogy, the internal rules of

procedure applicable to the exercise of its jurisdiction to make a preliminary ruling on the

interpretation of the Treaties and acts made by the Union's institutions, bodies, offices and agencies.

The agents and lawyers authorised to represent the parties before the arbitral tribunal pursuant

to Articles I.4, I.5, III.4 and III.5 shall be authorised to represent the parties before the Court of

Justice of the European Union.

ARTICLE III.10

Interim measures

In the cases referred to in Article 11(2) of the Protocol, either party may, at any stage of the

arbitration procedure, apply for interim measures consisting of the suspension of the compensatory

measures.

An application pursuant to paragraph 1 shall state the subject matter of the proceedings, the

circumstances giving rise to urgency and the pleas of fact and law establishing a

prima facie

case

for the interim measures applied for. It shall contain all the evidence and offers of evidence

available to justify the grant of the interim measures.

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The party requesting the interim measures shall send its application in writing to the other

party and to the arbitral tribunal through the International Bureau. The arbitral tribunal shall set a

short time limit within which that other party may submit written or oral observations.

The arbitral tribunal shall, within one month of the submission of the application referred to in

paragraph 1, adopt a decision on the suspension of the contested compensatory measures if the

following conditions are met:

(a)

the arbitral tribunal is

prima facie

satisfied of the merit of the case submitted by the party

requesting the interim measures in its application;

(b)

the arbitral tribunal considers that, pending its final decision, the party requesting the interim

measures would suffer serious and irreparable harm absent the suspension of the

compensatory measures; and

(c)

the harm caused to the party requesting the interim measures by the immediate application of

the contested compensatory measures outweighs the interest in the immediate and effective

application of those measures.

The suspension of proceedings referred to in the second subparagraph of Article III.9(2) shall

not apply in proceedings pursuant to this Article.

A decision taken by the arbitral tribunal in accordance with paragraph 4 shall have only an

interim effect and shall be without prejudice to the decision of the arbitral tribunal on the substance

of the case.

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Unless the decision taken by the arbitral tribunal in accordance with paragraph 4 of this

Article sets an earlier date for the end of the suspension, the suspension shall lapse when the final

decision pursuant to Article 11(2) of the Protocol is taken.

For the avoidance of doubt, for the purposes of this Article, it is understood that, in

considering the respective interests of the party requesting the interim measures and the other party,

the arbitral tribunal shall take into account those of the individuals and economic operators of the

parties, but that consideration shall not amount to granting any standing to such individuals or

economic operators before the arbitral tribunal.

ARTICLE III.11

Evidence

Each party shall provide evidence of the facts forming the grounds of its claim or its defence.

On request of a party, or on its own initiative, the arbitral tribunal may seek from the parties

relevant information it considers necessary and appropriate. The arbitral tribunal shall set a time

limit for the parties to respond to its request.

On request of a party, or on its own initiative, the arbitral tribunal may seek from any source

any information it considers appropriate. The arbitral tribunal may also seek the opinion of experts

as it considers appropriate and subject to any terms and conditions agreed by the parties, where

applicable.

Any information obtained by the arbitral tribunal under this Article shall be made available to

the parties, and the parties may submit comments on that information to the arbitral tribunal.

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After seeking the views of the other party, the arbitral tribunal shall adopt appropriate

measures to address any questions raised by a party with regard to the protection of personal data,

professional secrecy and the legitimate interests of confidentiality.

The arbitral tribunal shall be the judge of the admissibility, relevance and strength of the

evidence submitted.

ARTICLE III.12

Hearings

When a hearing must take place, the arbitral tribunal, having consulted the parties, shall notify

the parties sufficiently far in advance of the date, time and place of the hearing.

The hearing shall be public, unless the arbitral tribunal, of its own motion or on application by

the parties, decides otherwise for serious reasons.

Minutes of each hearing shall be drawn up and signed by the chair of the arbitral tribunal.

Only those minutes shall be authentic.

The arbitral tribunal may decide to hold the hearing virtually in accordance with the practice

of the International Bureau. The parties shall be informed of this practice in a timely manner. In

such cases, paragraph 1,

mutatis mutandis,

and paragraph 3 shall apply.

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ARTICLE III.13

Default

If, within the time limit set by this Appendix or by the arbitral tribunal, without showing

sufficient cause, the applicant has not submitted its statement of claim, the arbitral tribunal shall

order the closure of the arbitration proceedings, unless there are outstanding questions on which a

ruling may be necessary and if the arbitral tribunal considers it appropriate to do so.

If, within the time limit set by this Appendix or by the arbitral tribunal, without showing sufficient

cause, the defendant has not submitted its response to the notice of arbitration or its statement of

defence, the arbitral tribunal shall order the continuation of the proceedings, without considering

that default of itself to constitute acceptance of the applicant's allegations.

The second subparagraph also applies where the applicant fails to submit a reply to a counterclaim.

If a party, duly convened in accordance with Article III.12(1), does not appear at a hearing

and does not demonstrate sufficient cause for its failure to do so, the arbitral tribunal may continue

the arbitration.

If a party, duly invited by the arbitral tribunal to produce further evidence, fails to do so

within the time limits set without showing sufficient cause for its failure to do so, the arbitral

tribunal may rule on the basis of the evidence it has available.

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ARTICLE III.14

Closure of the procedure

Where it is demonstrated that the parties have reasonably had the possibility of presenting

their arguments, the arbitral tribunal may declare the closure of the proceedings.

The arbitral tribunal may, if it considers it necessary because of exceptional circumstances,

decide on its own initiative or at the request of a party to reopen the proceedings at any time before

it has taken its decision.

CHAPTER IV

DECISION

ARTICLE IV.1

Decisions

The arbitral tribunal shall strive to take its decisions by consensus. If, however, it proves impossible

to take a decision by consensus, the arbitral tribunal's decision shall be taken by a majority of the

arbitrators.

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ARTICLE IV.2

Form and effect of the decision of the arbitral tribunal

The arbitral tribunal may take separate decisions on different questions at different times.

All decisions shall be issued in writing and shall state the reasons on which they are based.

They shall be final and binding on the parties.

The decision of the arbitral tribunal shall be signed by the arbitrators, shall contain the date on

which it was taken and state the place of arbitration. A copy of the decision signed by the arbitrators

shall be communicated to the parties by the International Bureau.

The International Bureau shall make the decision of the arbitral tribunal public.

When making the decision of the arbitral tribunal public, the International Bureau shall respect the

relevant rules on the protection of personal data, professional secrecy and the legitimate interests of

confidentiality.

The rules referred to in the second subparagraph shall be identical for all bilateral agreements in the

fields of the internal market in which Switzerland participates as well as for the Agreement on

health, the Agreement on trade in agricultural products and the Agreement on Switzerland's regular

financial contribution. The Joint Committee shall adopt and update those rules by a decision for the

purposes of the Agreement.

The parties shall comply with all decisions of the arbitral tribunal without delay.

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In the cases referred to in Article 10(2) of the Protocol, having obtained the opinion of the

parties, the arbitral tribunal shall set a reasonable time limit in the decision on the substance of the

case to comply with its decision in accordance with Article 10(5) of the Protocol taking account of

the parties' internal procedures.

ARTICLE IV.3

Applicable law, rules of interpretation, mediator

The applicable law consists of the Agreement, the legal acts of the Union to which reference

is made therein, as well as any other rule of international law relevant to the application of those

instruments.

The arbitral tribunal shall decide in accordance with the rules of interpretation referred to in

Article 7 of the Protocol.

Prior decisions taken by a dispute settlement body with regard to the proportionality of

compensatory measures under another bilateral agreement among those referred to in Article 11(1)

of the Protocol shall be binding upon the arbitral tribunal.

The arbitral tribunal shall not be permitted to decide as mediator or

ex aequo et bono.

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ARTICLE IV.4

Mutually agreed solution or other reasons for closure of the proceedings

The parties may, at any time, mutually agree a solution to their dispute. They shall jointly

communicate any such solution to the arbitral tribunal. If the solution requires approval pursuant to

the relevant domestic procedures of either party, the notification shall refer to that requirement, and

the arbitration procedure shall be suspended. If such approval is not required, or upon notification

of the completion of any such domestic procedures, the arbitration procedure shall be closed.

If, in the course of proceedings, the applicant informs the arbitral tribunal in writing that it

does not wish to further pursue the proceedings, and if, at the date on which that communication is

received by the arbitral tribunal, the defendant has not yet taken any step in the proceedings, the

arbitral tribunal shall issue an order officially recording the closure of the proceedings. The arbitral

tribunal shall decide on the costs, which shall be borne by the applicant, if this appears justified by

the conduct of that party.

If, before the decision of the arbitral tribunal is taken, the arbitral tribunal concludes that the

continuation of the proceedings has become pointless or impossible for any reason other than those

referred to in paragraphs 1 and 2, the arbitral tribunal shall inform the parties of its intention to issue

an order closing the proceedings.

The first subparagraph does not apply where there are outstanding questions on which it may be

necessary to rule and if the arbitral tribunal judges it appropriate to do so.

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The arbitral tribunal shall communicate to the parties a copy of the order closing the

arbitration proceedings or of the decision taken by agreement between the parties, signed by the

arbitrators. Article IV.2(2) to (5) shall apply to arbitration decisions taken by agreement between

the parties.

ARTICLE IV.5

Correction of the decision of the arbitral tribunal

Within 30 days of receiving the decision of the arbitral tribunal, a party may, by giving notice

to the other party and to the arbitral tribunal through the International Bureau, ask the arbitral

tribunal to correct in the text of the decision of the arbitral tribunal any errors in computation, any

clerical or typographical errors, or any errors or omissions of a similar nature. If it considers the

request to be justified, the arbitral tribunal shall make the correction within 45 days of receiving the

request. The request shall not have a suspensive effect on the time limit provided for in

Article IV.2(6).

The arbitral tribunal may, within 30 days of communicating its decision, make the corrections

referred to in paragraph 1 on its own initiative.

The corrections referred to in paragraph 1 of this Article shall be done in writing and form an

integral part of the decision. Article IV.2(2) to (5) shall apply.

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ARTICLE IV.6

Arbitrators' fees

The fees referred to in Article IV.7 shall be reasonable, taking account of the complexity of

the case, the time spent on it by the arbitrators and all other relevant circumstances.

A list of daily compensation and maximum and minimum hours, which shall be common to

all bilateral agreements in the fields related to the internal market in which Switzerland participates

as well as the Agreement on health, the Agreement on trade in agricultural products and the

Agreement on Switzerland's regular financial contribution, shall be established and updated when

necessary. The Joint Committee shall adopt and update that list by a decision for the purposes of the

Agreement.

ARTICLE IV.7

Costs

Each party shall bear its own costs and half of the costs of the arbitral tribunal.

The arbitral tribunal shall set its costs in its decision on the substance of the case. Those costs

shall include only:

(a)

the arbitrators' fees, to be stated separately for each arbitrator and to be set by the arbitral

tribunal itself in accordance with Article IV.6;

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(b)

the travel and other expenses incurred by the arbitrators; and

(c)

the fees and expenses of the International Bureau.

The costs referred to in paragraph 2 shall be reasonable, taking account of the amount in

dispute, the complexity of the dispute, the time that the arbitrators and any experts appointed by the

arbitral tribunal have spent on it and any other relevant circumstances.

ARTICLE IV.8

Deposit of costs

At the start of the arbitration, the International Bureau may ask the parties to deposit an equal

amount as an advance for the costs referred to in Article IV.7(2).

During the arbitration proceedings, the International Bureau may request from the parties

deposits supplementary to those referred to in paragraph 1.

All amounts deposited by the parties in application of this Article shall be paid to the

International Bureau and paid out by it to cover the costs actually incurred, including, in particular,

the fees paid to the arbitrators and to the International Bureau.

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CHAPTER V

FINAL PROVISIONS

ARTICLE V.1

Amendments

The Joint Committee may adopt, by decision, amendments to this Appendix.

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STATE AID PROTOCOL

TO THE AGREEMENT

BETWEEN THE EUROPEAN COMMUNITY

AND THE SWISS CONFEDERATION

ON THE CARRIAGE OF GOODS AND PASSENGERS

BY RAIL AND ROAD

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THE EUROPEAN UNION, hereinafter referred to as the "Union",

of the one part,

and

THE SWISS CONFEDERATION, hereinafter referred to as "Switzerland",

of the other part,

hereinafter individually referred to as a "Contracting Party" and jointly referred to as the

"Contracting Parties",

AIMING to strengthen and deepen the participation of Switzerland and its undertakings in the

internal market of the Union, in which Switzerland participates on the basis of the Agreement

between the European Community and the Swiss Confederation on the carriage of goods and

passengers by rail and road, done in Luxembourg on 21 June 1999 (hereinafter referred to as the

"Agreement");

RECOGNISING that the proper functioning and homogeneity in the fields of the internal market in

which Switzerland participates requires a level playing field for competition between Swiss and

Union undertakings based on substantive and procedural rules equivalent to those that apply in the

internal market as regards State aid;

REAFFIRMING the autonomy of the Contracting Parties and the role and competences of their

institutions and, as far as Switzerland is concerned, respect for the principles deriving from its

constitutional order, including direct democracy, the separation of powers, and federalism;

HAVE AGREED AS FOLLOWS:

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ARTICLE 1

Objectives

The objectives of this Protocol are to ensure a level playing field for competition between Union

and Swiss undertakings in the fields of the internal market falling under the scope of the Agreement

and to guarantee the proper functioning of the internal market by laying down substantive and

procedural rules on State aid.

ARTICLE 2

Relation to the Agreement

This Protocol and its Annexes shall form an integral part of the Agreement. They shall alter neither

the scope nor the objectives of the Agreement.

ARTICLE 3

State aid

Save as otherwise provided in the Agreement, any aid granted by Switzerland or by a

Member State of the Union, 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, in so far as it affects trade between the Contracting Parties within the scope of the Agreement,

be incompatible with the proper functioning of the internal market.

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The following shall be compatible with the proper functioning of the internal market:

(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;

(c)

aid that meets the needs of coordination of transport or that represents reimbursement for the

discharge of certain obligations inherent in the concept of a public service;

(d)

the measures set out in Section A of Annex I.

The following may be considered to be compatible with the proper functioning of the internal

market:

(a)

aid to promote the economic development of areas where the standard of living is abnormally

low or where there is serious underemployment;

(b)

aid to promote the execution of an important project of common European interest, or of

common interest to the Contracting Parties, or to remedy a serious disturbance in the economy

of a Member State of the Union or Switzerland;

(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

interest of the Contracting Parties;

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(d)

aid to promote culture and heritage conservation where such aid does not affect trading

conditions and competition to an extent contrary to the interest of the Contracting Parties;

(e)

the categories of aid set out in Section B of Annex I.

Aid granted in accordance with Section C of Annex I shall be presumed compatible with the

proper functioning of the internal market and shall be exempted from notification requirements

under Article 4.

Aid granted to 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 Protocol, in so far as the application of these 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 interest of the Contracting

Parties.

This Protocol shall not apply to aid where the amount granted to a single undertaking for

activities within the scope of the Agreement constitutes

de minimis

aid as set out in Section D of

Annex I.

The Joint Committee may decide to update Sections A and B of Annex I by specifying

measures that shall be compatible, or categories of aid that may be considered to be compatible,

with the proper functioning of the internal market.

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ARTICLE 4

Surveillance

For the purposes of Article 1, the Union, in accordance with the distribution of competences

between the Union and its Member States, and Switzerland, in accordance with its constitutional

order of competences, shall supervise the application of State aid rules in their respective territory in

accordance with this Protocol.

For the purposes of the implementation of this Protocol, the Union shall maintain a State aid

surveillance system in accordance with Articles 93, 106, 107 and 108 of the Treaty on the

Functioning of the European Union as supplemented by Union legal acts in the field of State aid

and Union legal acts concerning State aid in the carriage of goods and passengers by rail and road

sectors listed in point 1 of Section A of Annex II.

For the purposes of the implementation of this Protocol, Switzerland shall, within five years

of the entry into force of this Protocol, establish and maintain a State aid surveillance system that

ensures at all times a level of surveillance and enforcement equivalent to that applied in the Union,

as set out in paragraph 2, including the following:

(a)

an independent surveillance authority; and

(b)

procedures to ensure the review by the surveillance authority of the compatibility of aid with

the proper functioning of the internal market, including the following:

(i)

prior notification to the surveillance authority of planned aid;

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(ii)

assessment by the surveillance authority of notified aid and its competence to review

non-notified aid;

(iii) challenge before the competent judicial authority, with suspensive effect from the

moment the act is challengeable, of aid that the surveillance authority considers to be

incompatible with the proper functioning of the internal market; and

(iv) recovery, including interest, of aid granted and found incompatible with the proper

functioning of the internal market.

In accordance with Switzerland's constitutional order of competences, paragraph 3,

point (b)(iii) and (iv), does not apply to acts of the Swiss Federal Assembly or of the

Swiss Federal Council.

Where the Swiss surveillance authority cannot challenge the aid of the Swiss Federal

Assembly or of the Swiss Federal Council before a judicial authority due to its limitations of

competence under the Swiss constitutional order, it shall challenge the application by other

authorities of that aid in all specific cases. If the judicial authority finds that that aid is incompatible

with the proper functioning of the internal market, the competent Swiss judicial and administrative

authorities shall take that finding into account when assessing whether to apply that aid in the case

before them.

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ARTICLE 5

Existing aid

aid.

Article 4(3), point (b) shall not apply to existing aid, including aid schemes and individual

For the purposes of this Protocol, existing aid shall include aid granted before the entry into

force of this Protocol and within a period of five years thereof.

Within twelve months of the date of establishment of the surveillance system pursuant to

Article 4(3), the surveillance authority shall gain an overview of existing aid schemes within the

scope of the Agreement that are still in force and make a

prima facie

assessment of those schemes

against the criteria set out in Article 3.

All existing aid schemes in Switzerland shall be subject to constant review by the surveillance

authority as to their compatibility with the proper functioning of the internal market pursuant to

paragraphs 5, 6 and 7.

If the surveillance authority considers that an existing aid scheme is not, or is no longer,

compatible with the proper functioning of the internal market, it shall inform the competent

authorities about the obligation to comply with this Protocol. If such an aid scheme is amended or

terminated, the competent authorities shall inform the surveillance authority.

If the surveillance authority considers the measures taken by the competent authorities to be

appropriate to ensure the compatibility of the aid scheme with the proper functioning of the internal

market, it shall publish those measures.

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Notwithstanding paragraph 1 of this Article, if the surveillance authority considers that the aid

scheme remains incompatible with the proper functioning of the internal market, the surveillance

authority shall publish its assessment and challenge the application of that aid scheme in all specific

cases, in accordance with Article 4(3), point (b)(iii), and Article 4(5).

For the purposes of this Protocol, if an existing aid scheme is amended in such a way as to

affect the compatibility of the aid with the proper functioning of the internal market, the aid shall be

considered to be new aid and shall therefore be subject to Article 4(3), point (b).

ARTICLE 6

Transparency

With regard to aid granted in their territory, the Contracting Parties shall ensure transparency.

For the Union, transparency shall be based on substantive and procedural rules that apply in the

Union on State aid within the scope of the Agreement. For Switzerland, transparency shall be based

on substantive and procedural rules equivalent to those that apply in the Union on State aid within

the scope of the Agreement.

Each Contracting Party shall, in respect of its territory and unless otherwise provided in this

Protocol, ensure the publication of:

(a)

aid granted;

(b)

opinions or decisions of its surveillance authorities;

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(c)

rulings of its competent judicial authorities on the compatibility of aid with the proper

functioning of the internal market; and

(d)

guidelines and communications applied by its surveillance authorities.

ARTICLE 7

Terms of cooperation

The Contracting Parties shall cooperate and exchange information on State aid, subject to

their respective laws and available resources.

For the purposes of the uniform implementation, application and interpretation of the

substantive rules on State aid and of harmonious development thereof:

(a)

the Contracting Parties shall cooperate and consult each other with regard to the relevant

guidelines and communications referred to in Section B of Annex II; and

(b)

the surveillance authorities of the Contracting Parties shall conclude arrangements for a

regular exchange of information, including on the implications for the application of rules on

existing aid.

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ARTICLE 8

Consultations

At the request of a Contracting Party, the Contracting Parties shall consult each other, within

the Joint Committee, on matters relating to the implementation of this Protocol.

In the event of developments concerning important interests of a Contracting Party that may

affect the operation of this Protocol, the Joint Committee shall, at the request of a Contracting Party,

meet at an appropriately high level within 30 days of that request in order to discuss the matter.

ARTICLE 9

Integration of legal acts

Notwithstanding Article 5 of the Institutional Protocol to the Agreement between the

European Community and the Swiss Confederation on the carriage of goods and passengers by rail

and road (hereinafter referred to as the "Institutional Protocol"), for the purposes of Article 3(4)

and (6) and Article 4(2) and (3), and in order to guarantee legal certainty and the homogeneity of

the law in the fields of the internal market in which Switzerland participates by virtue of the

Agreement, Switzerland and the Union shall ensure that legal acts of the Union adopted in the fields

covered by Sections C and D of Annex I as well as Section A of Annex II are integrated into those

Annexes as quickly as possible after their adoption.

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When it adopts a legal act in the field covered by Sections C and D of Annex I or Section A of

Annex II, the Union shall inform Switzerland thereof as quickly as possible through the Joint

Committee. At the request of either of the Contracting Parties, the Joint Committee shall conduct an

exchange of views on the subject.

The Joint Committee shall act in accordance with paragraph 1 by adopting a decision as

quickly as possible to amend Sections C and D of Annex I as well as Section A of Annex II,

including the necessary adaptations.

Subject to Article 6 of the Institutional Protocol, decisions of the Joint Committee pursuant to

paragraph 3 of this Article shall enter into force immediately, but under no circumstances before the

date on which the corresponding legal act of the Union becomes applicable in the Union.

ARTICLE 10

Entry into force

This Protocol shall be ratified or approved by the Contracting Parties in accordance with their

own procedures. The Contracting Parties shall notify each other of the completion of the internal

procedures necessary to the entry into force of this Protocol.

This Protocol shall enter into force on the first day of the second month following the last

notification regarding the following instruments:

(a)

Institutional Protocol to the Agreement between the European Community and its Member

States, of the one part, and the Swiss Confederation, of the other, on the free movement of

persons;

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(b)

Amending Protocol to the Agreement between the European Community and its

Member States, of the one part, and the Swiss Confederation, of the other, on the free

movement of persons;

(c)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(d)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(e)

State aid Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(f)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on the carriage of goods and passengers by rail and road;

(g)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on the carriage of goods and passengers by rail and road;

(h)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products;

(i)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

(j)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

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(k)

Agreement between the European Union and the Swiss Confederation on Switzerland's

regular financial contribution towards reducing economic and social disparities in the

European Union;

(l)

Agreement between the European Union and the European Atomic Energy Community, of the

one part, and the Swiss Confederation, of the other part, on the participation of the

Swiss Confederation in Union programmes;

(m) Agreement between the European Union and the Swiss Confederation on the terms and

conditions for the participation of the Swiss Confederation in the European Union Agency for

the Space Programme.

ARTICLE 11

Amendment and termination

This Protocol may be amended at any time by mutual agreement of the Contracting Parties.

Where the Agreement is terminated in accordance with Article 58(3) of the Agreement, this

Protocol shall cease to be in force on the date referred to in Article 58(4) of the Agreement.

Where the Agreement ceases to be in force, the rights and obligations that individuals and

undertakings have already acquired by virtue of the Agreement before the date of the cessation of

the Agreement shall be preserved. The Contracting Parties shall settle by mutual agreement what

action is to be taken in respect of rights in the process of being acquired.

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Done at […], on […], in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English,

Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese,

Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these

texts being equally authentic.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Protocol.

(Signature Block, to the effect of, in all 24 EU languages: "For the European Union" and "For the

Swiss Confederation")

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ANNEX I

EXEMPTIONS AND CLARIFICATIONS

SECTION A

MEASURES COMPATIBLE WITH THE PROPER FUNCTIONING OF

THE INTERNAL MARKET, AS REFERRED TO IN ARTICLE 3(2), POINT (d)

The following measures shall be compatible with the proper functioning of the internal market and

shall not be subject to Article 4(3), point (b):

[…].

SECTION B

CATEGORIES OF AID THAT MAY BE CONSIDERED TO BE COMPATIBLE

WITH THE PROPER FUNCTIONING OF THE INTERNAL MARKET,

AS REFERRED TO IN ARTICLE 3(3), POINT (e)

The following categories of aid may be considered to be compatible with the proper functioning of

the internal market:

[…].

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SECTION C

BLOCK EXEMPTIONS, AS REFERRED TO IN ARTICLE 3(4)

Aid shall be presumed compatible with the proper functioning of the internal market and shall be

exempted from the notification requirements under Article 4 if it is granted in accordance with the

substantive conditions set out in the following provisions:

(1)

Chapters I and III of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring

certain categories of aid compatible with the internal market in application of Articles 107

and 108 of the Treaty, (OJ L 187, 26.6.2014, p. 1), as last amended by Commission

Regulation (EU) 2023/1315 of 23 June 2023 (OJ L 167, 30.6.2023, p. 1);

(2)

Article 9 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council

of 23 October 2007 on public passenger transport services by rail and by road and repealing

Council Regulations (EEC) Nos 1191/69 and 1107/70, (OJ L 315, 3.12.2007, p. 1), as last

amended by Regulation (EU) 2016/2338 of 14 December 2016 (OJ L 354, 23.12.2016, p. 22).

For Switzerland, Article 9 shall be understood with the exception of Articles 5 and 5a of that

Regulation, under the terms referred to in Article 24a(5) of the Agreement.

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SECTION D

DE MINIMIS

AID, AS REFERRED TO IN ARTICLE 3(6)

"De

minimis

aid" shall have the meaning that it has in Commission Regulation (EU) No 2023/2831

of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of

the European Union to

de minimis

aid (OJ L, 2023/2831, 15.12.2023).

For aid granted to undertakings entrusted with the operation of services of general economic

interest, "de

minimis

aid" shall have the meaning that it has in Commission Regulation

(EU) No 2023/2832 of 12 December 2023 on the application of Articles 107 and 108 of the Treaty

on the Functioning of the European Union to

de minimis

aid granted to undertakings providing

services of general economic interest (OJ L, 2023/2832, 15.12.2023).

________________

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ANNEX II

GENERAL AND SECTORAL ACTS APPLICABLE IN THE EUROPEAN UNION

AS REFERRED TO IN ARTICLE 4(2)

SECTION A

GENERAL AND SECTORAL ACTS

(1)

For the purposes of this Protocol and pursuant to Article 4(2), the following acts shall be

applied by the Union:

(a)

Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the

application of Article 108 of the Treaty on the Functioning of the European Union

(OJ L 248, 24.9.2015, p. 9);

(b)

Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council

Regulation (EU) 2015/1589 (OJ L 140, 30.4.2004, p. 1), as last amended by

Commission Regulation (EU) 2016/2105 of 1 December 2016

(OJ L 327, 2.12.2016, p. 19);

(c)

Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories

of aid compatible with the internal market in application of Articles 107 and 108 of the

Treaty (OJ L 187, 26.6.2014, p. 1), as last amended by Commission Regulation

(EU) 2023/1315 of 23 June 2023 (OJ L 167, 30.6.2023, p. 1);

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(d)

Commission Regulation (EU) 2023/2831 of 13 December 2023 on the application of

Articles 107 and 108 of the Treaty on the Functioning of the European Union to

de minimis

aid (OJ L, 2023/2831, 15.12.2023);

(e)

Commission Regulation (EU) 2023/2832 of 13 December 2023 on the application of

Articles 107 and 108 of the Treaty on the Functioning of the European Union to

de minimis

aid granted to undertakings providing services of general economic interest

(OJ L, 2023/2832, 15.12.2023);

(f)

Regulation (EC) No 1370/2007 of the European Parliament and of the Council

of 23 October 2007 on public passenger transport services by rail and by road and

repealing Council Regulations (EEC) Nos 1191/69 and 1107/70, (OJ L 315, 3.12.2007,

p. 1), as last amended by Regulation (EU) 2016/2338 of the European Parliament and of

the Council of 14 December 2016 (OJ L 354, 23.12.2016, p. 22).

(2)

For the purposes of this Protocol and pursuant to Article 4(3), Switzerland shall establish and

maintain a State aid surveillance system that ensures at all times a level of surveillance and

enforcement equivalent to that applied by the Union, as set out in Article 4(2) and point (1) of

this Section.

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SECTION B

GUIDELINES, COMMUNICATIONS AND DECISIONAL PRACTICE

OF THE EUROPEAN COMMISSION

(1)

For the purposes of this Protocol and pursuant to Article 4(3), the Swiss surveillance authority

and the competent judicial authorities in Switzerland shall take due account of, and follow to

the extent possible, the relevant guidelines and communications binding on the European

Commission, as well as its decisional practice, in order to ensure a level of surveillance and

enforcement equivalent to that of the Union.

(2)

The European Commission shall notify to the Joint Committee, and publish, the guidelines

and communications it considers relevant under the Agreement.

________________

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