kom (2025) 0308 - Ingen titel

Europaudvalget 2025
KOM (2025) 0308
Offentligt

EUROPEAN

COMMISSION

Brussels, 13.6.2025

COM(2025) 308 final

ANNEX 6

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

kom (2025) 0308 - Ingen titel

AGREEMENT

BETWEEN THE EUROPEAN UNION

AND THE SWISS CONFEDERATION

ON ELECTRICITY

& /en

kom (2025) 0308 - Ingen titel

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";

CONSIDERING the existing particularly close integration of the electricity systems of the Union

and Switzerland and that Switzerland was part of the group of European countries which developed

cross-border electricity trade in Europe on the basis of cooperation between transmission system

operators, with a view to benefitting from the advantages of shared energy resources;

NOTING that a dense legal framework has been created in the Union in the last two decades to

organise an efficient internal electricity market with electricity trading mechanisms, such as

Union-wide market coupling, replacing the former cooperation framework;

RECOGNISING that the absence of the application of Union rules for electricity trade and security

of supply in Switzerland, and the resulting absence of Switzerland from joint trading schemes,

platforms and coordination bodies governed by Union law, has posed increasing challenges for

electricity cooperation between the Contracting Parties and for their security of supply, leading to

market inefficiencies, higher transaction costs, legal uncertainty and a lack of reliability in the

exchange of electricity, resulting in additional cost for electricity customers;

& /en 1

kom (2025) 0308 - Ingen titel

EMPHASIZING that this Agreement, while taking into account the existing physically close

integration of the Swiss electricity system into the European electricity system, is meant to enhance

mutual cooperation in the electricity sector, to enable the participation of Switzerland in all trading

schemes, platforms and common coordination bodies governed by Union law, to foster cross-border

trading of electricity, to increase economic efficiency and social welfare, to strengthen security of

supply, to increase grid stability and to facilitate the transition to a net zero greenhouse gas energy

system in Europe by 2050 for the mutual benefit of Switzerland and the Union;

CONSIDERING that the participation of Switzerland in the internal electricity market of the Union

requires the integration of Switzerland in a manner that ensures the same rights and obligations for

the Contracting Parties. This requires in turn appropriate rules on a level playing field which

ensures open and fair competition between the Contracting Parties, including relevant rules on

competition, environment and renewable energy production;

NOTING the need for close cooperation between the Contracting Parties and their authorities for

the proper interpretation and application of the rules of the internal electricity market and for

enhanced regional grid stability as well as security of supply, especially in times of an energy crisis;

EMPHASIZING that the Contracting Parties attach a great importance to electricity security of

supply in their cooperation under this Agreement and that a key purpose of this Agreement is to

create reliable rules, guaranteeing that both Contracting Parties will continue exchanging electricity

also in times of an energy crisis, on the basis of clear rules, so that they can rely on electricity flows

from each other, reducing costs for electricity consumers;

& /en 2

kom (2025) 0308 - Ingen titel

RECOGNISING that physical long-term cross-border capacity reservations restrict the principle of

third-party access as implemented in the Union's electricity market rules and that the treatment of

historic contracts with physical long-term reservations with non-Union countries may raise complex

legal questions, this Agreement should provide legal certainty as to the phasing out of such

reservations and to the regime applicable in the transitional period;

CONSIDERING the benefits of trading electricity across borders and incentivising investment for

cost efficient, clean and secure electricity supplies in the Union and Switzerland;

RECOGNISING that public ownership of electricity infrastructure can be a legitimate political

choice;

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 this 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;

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;

& /en 3

kom (2025) 0308 - Ingen titel

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;

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

Switzerland participates, both current and future,

HAVE AGREED AS FOLLOWS:

& /en 4

kom (2025) 0308 - Ingen titel

PART I

GENERAL PROVISIONS

ARTICLE 1

Purpose

The purpose of this Agreement is to allow the participation of Switzerland in the internal

electricity market of the Union, by ensuring the uniform application of the rules of the internal

electricity market as adapted where necessary, under the terms and conditions laid down in this

Agreement.

In this regard, the aim of this Agreement is to:

(a)

guarantee to all market participants equal market access to both the Union and the Swiss

electricity markets, including access to joint trading schemes, platforms and coordination

bodies;

(b)

foster cross-border electricity trade for the mutual benefit of the Union and Switzerland,

including through an improved allocation and management of the capacity of the transmission

system, especially on interconnectors;

(c)

ensure the stability of the regional electricity network and of the connection of the Swiss

electricity system into the interconnected system of the Union;

(d)

ensure a high degree of security of supply;

& /en 5

kom (2025) 0308 - Ingen titel

(e)

guarantee the integrity and transparency of the wholesale electricity market;

(f)

increase and promote the share of electricity produced from renewable energy sources and

guarantee a high level of environmental protection in the electricity sector, to facilitate the

transition to a net zero greenhouse gas energy system in Europe by 2050;

(g)

increase the cooperation between the Contracting Parties, their respective regulatory

authorities and operators in the electricity sector.

ARTICLE 2

Scope

This Agreement applies to the electricity sector, as regards the generation, transmission,

distribution, trading and supply of electricity.

This Agreement also applies to the matters directly related to the electricity sector as set out in

this Agreement.

ARTICLE 3

Non-discrimination

The Contracting Parties undertake not to take discriminatory measures when applying this

Agreement.

& /en 6

kom (2025) 0308 - Ingen titel

PART II

RULES CONCERNING PARTICIPATION IN THE INTERNAL ELECTRICITY MARKET

ARTICLE 4

Rules governing the electricity sector

Switzerland shall apply the legal acts in the electricity sector set out in Annex I.

ARTICLE 5

Swiss transmission system operator

Without prejudice to the provisions on unbundling of transmission system operators

(hereinafter referred to as "TSOs") in the legal acts set out in Annex I, no provision of this

Agreement shall be interpreted as preventing Swiss public bodies, such as cantons and

municipalities, from holding a direct or indirect majority in the operator of the Swiss transmission

system.

Nothing in this Agreement shall prevent companies active in the electricity sector from

holding a direct or indirect majority in the Swiss TSO within the limits of the provisions on

unbundling of TSOs in the legal acts set out in Annex I.

& /en 7

kom (2025) 0308 - Ingen titel

ARTICLE 6

Swiss distribution system operators

Without prejudice to the provisions on unbundling of distribution system operators in the legal acts

set out in Annex I, no provision of this Agreement shall be interpreted as preventing Swiss public

bodies, such as cantons or municipalities, from:

(a)

fully owning or holding a direct or indirect majority in Swiss distribution system operators;

(b)

organising their grid operators and entities for generation or supply under public law.

ARTICLE 7

Swiss universal service

No provision of this Agreement shall be interpreted as preventing Switzerland from adopting

consumer protection measures which provide for a right for households and enterprises below a

certain consumption threshold to benefit from a universal service, including the services of a

supplier of last resort in accordance with the provisions of the legal acts set out in Annex I.

This Agreement shall neither be interpreted as preventing price regulation for the universal

service in accordance with the provisions of the legal acts set out in Annex I.

& /en 8

kom (2025) 0308 - Ingen titel

ARTICLE 8

Transitional regime for existing long-term capacity reservations

on interconnectors at the Swiss borders

In order to establish compliance with the principle of non-discriminatory grid access, the

existing long-term capacity reservations for electricity at interconnectors between Switzerland and

France, as identified in the contracts concluded before 1 January 2002, which are listed in Section B

of Annex II, shall be removed with the entry into force of this Agreement. Financial compensation

shall be granted to the holders of those contracts for a transitional period ending seven years after

the entry into force of this Agreement but for no longer than the end date of the respective existing

contract listed in Section B of Annex II if that contract terminates before. Changes to the contracts

listed in Section B of Annex II shall not affect the removal of long-term capacity reservations or the

transitional period.

Section A of Annex II sets out the principles of the financial compensation and the National

Regulatory Authorities' (hereinafter referred to as "NRAs") tasks related to the compensation and its

financing.

Notwithstanding paragraph 1, the capacity reservations related to cross-border hydropower

installations with a smaller volume of capacity reservation not exceeding 65 MW, as listed in

Section C of Annex II, shall be preserved during a transitional period ending 15 years after the entry

into force of this Agreement but for no longer than the end date of the respective existing

concession, if the concession terminates before, and shall be removed thereafter.

& /en 9

kom (2025) 0308 - Ingen titel

ARTICLE 9

Security of supply and reserves

The Contracting Parties attach great importance to electricity security of supply in their

cooperation under this Agreement. To ensure functioning electricity markets and that electricity

flows where it is most needed, cross-border interconnectors shall remain open, including in times of

an electricity crisis, in line with this Agreement. Measures jeopardising electricity security of

supply, especially in the event of electricity crises, shall be avoided, in particular interventions such

as undue restrictions on cross-border electricity flows.

Switzerland may take necessary, proportionate and non-distorting measures to ensure security

of electricity supply, in particular by establishing and having in place electricity reserves to the

extent that they are compatible with this Agreement.

When assessing its national resource adequacy, Switzerland may make assumptions taking

into account the particularities of national electricity demand and supply, including such

particularities resulting from the fact that Switzerland is not a Member State of the Union, or from

elements that may be particularly relevant for security of supply in Switzerland, such as reduced

availability of nuclear power and gas for power generation in neighbouring countries, provided that

such concerns are considered in a proportionate and reasonable manner.

In order to ensure the effectiveness of the rules on State support for generation adequacy

under this Agreement and to take account of the new possibilities to exchange electricity on the

basis of binding rules after the entry into force of this Agreement, State support for adequacy

reserves granted before the entry into force of this Agreement that is not compatible with this

Agreement shall not exceed a duration of more than six years after the entry into force of this

Agreement.

& /en 10

kom (2025) 0308 - Ingen titel

ARTICLE 10

Swiss participation in institutions and other bodies

Switzerland and the relevant Swiss actors participate in institutions, committees, regions,

schemes, platforms, initiatives and other similar bodies relevant under this Agreement.

In particular:

(a)

the Swiss NRA participates in the Agency for the Cooperation of Energy Regulators

(hereinafter referred to as "ACER");

(b)

the Swiss TSO participates in the European Network of Transmission System Operators for

Electricity (hereinafter referred to as "ENTSO-E");

(c)

Swiss distribution system operators participate in the European entity for distribution system

operators (hereinafter referred to as "EU DSO entity").

The details of the Swiss participation are set out in the Annexes.

& /en 11

kom (2025) 0308 - Ingen titel

ARTICLE 11

Exploitation of energy resources and ownership of generation installations

Switzerland shall preserve the right to determine the conditions for exploiting its energy

resources, including the use of hydropower, within the limits of the relevant applicable law under

this Agreement, as well as its choice between different energy sources and the general structure of

its energy supply.

Nothing in this Agreement shall prevent the public ownership of generation installations,

including of hydropower generation, by public bodies, within the limits of the relevant applicable

electricity law.

PART III

STATE AID

ARTICLE 12

Objectives of the State aid provisions

The objectives of this Part 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 this Agreement

and to guarantee the proper functioning of the internal market by laying down substantive and

procedural rules on State aid.

& /en 12

kom (2025) 0308 - Ingen titel

This Part and its Annexes shall alter neither the scope nor the objectives of this Agreement.

ARTICLE 13

State aid

Save as otherwise provided for in this 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 this

Agreement, be incompatible with the proper functioning of the internal market.

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)

the measures set out in Section A of Annex III.

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;

& /en 13

kom (2025) 0308 - Ingen titel

(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;

(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 III.

Aid granted in accordance with Section C of Annex III shall be presumed compatible with the

proper functioning of the internal market and shall be exempted from notification requirements

under Article 14.

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 Agreement, 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 Part shall not apply to aid where the amount granted to a single undertaking for activities

within the scope of this Agreement constitutes

de minimis

aid as set out in Section D of Annex III.

& /en 14

kom (2025) 0308 - Ingen titel

The Joint Committee established by Article 25 of this Agreement (hereinafter referred to as

the "Joint Committee") may decide to update Sections A and B of Annex III 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.

ARTICLE 14

Surveillance

For the purposes of Article 12, 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 Part.

For the purposes of the implementation of this Part, 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 (hereinafter referred to as "TFEU") as supplemented by Union

legal acts in the field of State aid and Union legal acts concerning State aid in the electricity sector

listed in point 1 of Section A of Annex IV.

For the purposes of the implementation of this Part, Switzerland shall, within five years of the

entry into force of this Agreement, 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

& /en 15

kom (2025) 0308 - Ingen titel

(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;

(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.

& /en 16

kom (2025) 0308 - Ingen titel

ARTICLE 15

Existing aid

aid.

Article 14(3), point (b), shall not apply to existing aid, including aid schemes and individual

For the purposes of this Agreement, existing aid shall include aid granted before the entry into

force of this Agreement and within five years thereof.

Within 12 months of the date of establishment of the surveillance system pursuant to

Article 14(3), the surveillance authority shall gain an overview of existing aid schemes within the

scope of this Agreement that are still in force and make a prima facie assessment of those schemes

against the criteria set out in Article 13.

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 Part. 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.

& /en 17

kom (2025) 0308 - Ingen titel

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 14(3), point (b)(iii), and Article 14(5).

For the purposes of this Part, 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 14(3), point (b).

ARTICLE 16

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 this 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 this Agreement.

Each Contracting Party shall, in respect of its territory and unless it is otherwise provided for

in this Part, ensure the publication of:

(a)

aid granted;

(b)

opinions or decisions of its surveillance authorities;

& /en 18

kom (2025) 0308 - Ingen titel

(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 17

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 IV; 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.

& /en 19

kom (2025) 0308 - Ingen titel

ARTICLE 18

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 Part.

In the event of developments concerning important interests of a Contracting Party that may

affect the operation of this Part, 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 19

Integration of legal acts concerning State aid

Notwithstanding Article 27, for the purposes of Articles 13(4) and (6) and Article 14(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 this 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 III as well as Section A of Annex IV are integrated into those Annexes as quickly as possible

after their adoption.

When it adopts a legal act in the field covered by Sections C and D of Annex III or Section A

of Annex IV, 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.

& /en 20

kom (2025) 0308 - Ingen titel

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 III as well as Section A of Annex IV,

including the necessary adaptations.

Subject to Article 28, the 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.

PART IV

AREAS RELATED TO THE ELECTRICITY MARKET

ARTICLE 20

Environment

The Contracting Parties shall ensure a high level of environmental protection in the electricity

sector.

Switzerland shall ensure a high level of environmental protection in accordance with

Article 27(3) and Annex V.

& /en 21

kom (2025) 0308 - Ingen titel

ARTICLE 21

Renewable energies

The Contracting Parties shall cooperate in the field of renewable energies, in particular with

regard to their deployment and promotion.

The Contracting Parties commit to increasing the share of renewable energy in their energy

systems. Switzerland shall apply the legal acts on renewables as set out in Annex VI and especially

set an appropriate indicative renewable energy target.

The Contracting Parties shall endeavour to accelerate their planning and permitting

procedures.

ARTICLE 22

Infrastructure cooperation

The Contracting Parties shall cooperate to facilitate the timely development and

interoperability of the electricity infrastructure connecting their territories.

Each Contracting Party shall ensure that network development plans for its electricity

transmission systems are drawn up, published and regularly updated.

& /en 22

kom (2025) 0308 - Ingen titel

For the purpose of the potential qualification of Swiss infrastructure projects as projects of

mutual interests pursuant to Article 2(1) and Article 4(2), point (e), of Regulation (EU) 2022/869 of

the European Parliament and of the Council

, a high level of convergence of the policy framework

is presumed for Switzerland. Switzerland shall facilitate a similar timeline for accelerated

implementation and other policy support measures, as provided for by that Regulation.

PART V

INSTITUTIONAL PROVISIONS

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 23

Objectives of the institutional provisions

The objective of this Part 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

fields related to the internal market falling under the scope of this Agreement.

Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on

guidelines for trans-European energy infrastructure, amending Regulations

(EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and

(EU) 2019/944, and repealing Regulation (EU) No 347/2013 (OJ EU L 152, 3.6.2022, p. 45,

ELI: http://data.europa.eu/eli/reg/2022/869/oj).

& /en 23

kom (2025) 0308 - Ingen titel

To this end, this Part provides institutional solutions facilitating a continuous and balanced

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

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

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 this Agreement, notably:

(a)

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

Agreement;

(b)

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

to which reference is made in this Agreement;

(c)

the surveillance and application of this Agreement; and

(d)

the settlement of disputes in the context of this Agreement.

ARTICLE 24

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.

& /en 24

kom (2025) 0308 - Ingen titel

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

which Switzerland participates.

ARTICLE 25

Joint Committee

A Joint Committee is hereby established. The Joint Committee shall be composed of

representatives of the Contracting Parties.

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 this Agreement or of a legal act of the Union to which

reference is made in this Agreement in accordance with Article 32;

(c)

make recommendations to the Contracting Parties in matters pertaining to this Agreement;

(d)

adopt decisions where expressly provided for in this Agreement; and

& /en 25

kom (2025) 0308 - Ingen titel

(e)

exercise any other competence granted to it in this Agreement.

In the event of an amendment to Articles 1 to 6, 10 to 15, 17 or 18 of the Protocol (No 7) on

the privileges and immunities of the European Union, annexed to the Treaty on the Functioning of

the European Union (hereinafter referred to as "Protocol (No 7)"), the Joint Committee shall amend

the Appendix to Annex I accordingly.

The Joint Committee shall act by consensus.

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

implement them.

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

& /en 26

kom (2025) 0308 - Ingen titel

CHAPTER 2

ALIGNMENT OF THIS AGREEMENT WITH LEGAL ACTS OF THE UNION

ARTICLE 26

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 TFEU in the

field covered by this 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.

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

law in the field covered by this 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.

& /en 27

kom (2025) 0308 - Ingen titel

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

Union law in the field covered by this Agreement, the European Commission shall ensure that

Switzerland has the widest possible participation in the preparation of the drafts to be submitted 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 this 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 27(8).

ARTICLE 27

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 this Agreement, Switzerland and the

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

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

Legal acts of the Union integrated into Annexes I and VI in accordance with paragraph 5 shall

be, by their integration into this Agreement, part of the legal order of Switzerland subject, as the

case may be, to the adaptations decided upon by the Joint Committee.

& /en 28

kom (2025) 0308 - Ingen titel

Switzerland shall, with applicability in the electricity sector, adopt or maintain provisions

laying down requirements that ensure at least the same level of environmental protection as laid

down in the legal acts of the Union integrated into Annex V in accordance with paragraph 5. The

provisions of Swiss law adopted or maintained in accordance with this paragraph may not be

invoked to restrict the free access to the Swiss market of goods and services from the Union that

comply with the requirements laid down in the legal acts of the Union referred to in Annex V.

When it adopts a legal act in the field covered by this 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 I, V and VI to this Agreement, including the necessary

adaptations.

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

Agreement with Annexes I, V and VI as amended pursuant to paragraph 5, the Joint Committee

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

revision of this Agreement.

References in this 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 the Annexes I, V

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

amendment of Annexes I, V and VI, unless otherwise provided in that decision.

& /en 29

kom (2025) 0308 - Ingen titel

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 exception:

–

Article 9(3).

Subject to Article 28, decisions of the Joint Committee pursuant to paragraph 5 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.

10.

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

Article in order to facilitate decision-making.

ARTICLE 28

Fulfilment of constitutional obligations by Switzerland

During the exchange of views referred to in Article 27(4), Switzerland shall inform the Union

whether a decision as referred to in Article 27(5) requires the fulfilment of constitutional obligations

by Switzerland in order to become binding.

Where the decision referred to in Article 27(5) 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.

& /en 30

kom (2025) 0308 - Ingen titel

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

Contracting Parties shall provisionally apply the decision referred to in Article 27(5), unless

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

provides the reasons for this.

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.

& /en 31

kom (2025) 0308 - Ingen titel

CHAPTER 3

INTERPRETATION AND APPLICATION OF THE AGREEMENT

ARTICLE 29

Uniform interpretation principle

For the purpose of achieving the objectives set out in Articles 1, 12 and 23 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.

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

that their application involves concepts of Union law, the provisions of this 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 this Agreement.

& /en 32

kom (2025) 0308 - Ingen titel

ARTICLE 30

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 this Agreement. They may exchange information on

the activities of surveillance of the application of this 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 this Agreement on its territory.

The surveillance of the application of this 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.

The Commission and the competent Swiss authorities respectively shall monitor the

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

32 of this Agreement 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 this

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

specifically.

& /en 33

kom (2025) 0308 - Ingen titel

ARTICLE 31

Exclusivity principle

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

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

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

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

for in this Part.

ARTICLE 32

Procedure in the event of difficulty of interpretation or application

In the event of difficulty of interpretation or application of this 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 this 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 Protocol.

& /en 34

kom (2025) 0308 - Ingen titel

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

referred to in Article 29(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 27(8) 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.

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 this 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.

& /en 35

kom (2025) 0308 - Ingen titel

ARTICLE 33

Compensatory measures

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

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

accordance with Article IV.2(6) of the Protocol, 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 this 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 this 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 Protocol.

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

Protocol.

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.

& /en 36

kom (2025) 0308 - Ingen titel

ARTICLE 34

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 this Agreement

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

ARTICLE 35

References to territories

Whenever the legal acts of the Union integrated into this 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 this Agreement be understood to be references to

the territories referred to in Article 43.

& /en 37

kom (2025) 0308 - Ingen titel

ARTICLE 36

References to nationals of Member States of the Union

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

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

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

ARTICLE 37

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

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

implementation are not relevant for the purposes of this Agreement.

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

integrating legal acts of the Union into this Agreement follow from Article 27(9) and Article 28(5),

as well as from provisions on transitional arrangements.

ARTICLE 38

Addressees of the legal acts of the Union

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

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

& /en 38

kom (2025) 0308 - Ingen titel

PART VI

OTHER PROVISIONS

ARTICLE 39

General adaptations

This Part provides for general adaptations applicable to the legal acts of the Union referred to in

Annexes I and VI, unless otherwise provided for in the respective annex.

ARTICLE 40

Exchange of information

Where a Member State of the Union or its competent authority is to submit information to the

Commission, Switzerland or its competent authority shall submit such information to the

Commission via the Joint Committee.

Where a Member State of the Union or its competent authority is to submit information to one

or more other Member States of the Union, it shall also submit this information directly to

Switzerland while informing the Commission. Where Switzerland or its competent authority is to

submit information to one or more other Member States of the Union or their competent authorities,

it shall do it directly and inform the Commission via the Joint Committee.

& /en 39

kom (2025) 0308 - Ingen titel

The Joint Committee may agree on appropriate solutions providing for direct exchange of

information in areas where rapid transfer of information is called for.

Paragraphs 1 and 2 are without prejudice to the sector-specific rules and arrangements

applicable to the exchange of information by means of information systems.

Save as provided in paragraph 1, where an exchange of information between ACER or other

Union institutions and a Swiss authority is necessary during the elaboration of a decision or a

report, an opinion, a recommendation or another similar document, that exchange shall take place

directly between the relevant entities unless the Joint Committee determines that such an exchange

should take place via the Joint Committee.

Where the Commission or ACER, in order to exercise the competences assigned to them,

need to exchange information with undertakings in Switzerland, they may exchange directly with

those undertakings unless the Joint Committee determines another procedure to apply for such

cases.

Where Member States of the Union, their authorities or undertakings are consulted during the

elaboration of a Union decision, Switzerland, its authorities and its undertakings shall be consulted

in the same way.

& /en 40

kom (2025) 0308 - Ingen titel

ARTICLE 41

Non-binding documents

Where the Commission, ACER or other Union institutions issue reports, opinions,

declarations, recommendations or other similar documents to the Member States of the Union or

their authorities, they may also do so in relation to Switzerland or its authorities. Where Member

States of the Union, their authorities or undertakings are consulted during the elaboration of those

documents, Switzerland, its authorities and its undertakings shall be consulted in the same way.

Unless they are published, the Commission shall deliver those documents via the Joint

Committee. The Joint Committee can agree on providing for direct exchange. ACER and other

institutions shall deliver the documents directly.

ARTICLE 42

Publication of information

Where a Member State of the Union is to publish certain information, also Switzerland shall,

under this Agreement, publish the relevant information in a corresponding manner.

Where, according to an act referred to in the Annexes, information is to be published in the

Official Journal of the European Union,

the Union institution shall publish corresponding

information regarding Switzerland therein as well.

& /en 41

kom (2025) 0308 - Ingen titel

PART VII

FINAL PROVISIONS

ARTICLE 43

Territorial scope

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

and the TFEU apply and under the conditions laid down in those Treaties, and, of the other part, to

the territory of Switzerland.

ARTICLE 44

Evolutive clause for an extended cooperation

The Contracting Parties declare their willingness to consider deepening cooperation in the energy

sector beyond electricity, in particular in the fields of hydrogen or renewable gases.

ARTICLE 45

Classified information and sensitive non-classified information

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

available classified information.

& /en 42

kom (2025) 0308 - Ingen titel

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.

ARTICLE 46

Professional secrecy

Representatives, experts and other agents of the Contracting Parties shall be required, even after

their duties have ceased, not to disclose information, obtained in the framework of this Agreement,

which is covered by the obligation of professional secrecy.

ARTICLE 47

Annexes and Protocols

The Annexes and Protocols to this Agreement shall form an integral part thereof.

& /en 43

kom (2025) 0308 - Ingen titel

ARTICLE 48

Implementation

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

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

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

ARTICLE 49

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 Annex VII to which it has access, in

accordance with this Article and Annex VII.

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

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 Annex VII.

& /en 44

kom (2025) 0308 - Ingen titel

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.

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.

& /en 45

kom (2025) 0308 - Ingen titel

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 Annex VII.

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 that 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.

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 Agreement 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 4 of Annex VII.

11.

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

& /en 46

kom (2025) 0308 - Ingen titel

12.

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

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

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

ARTICLE 50

Entry into force

This Agreement 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 Agreement.

This Agreement 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;

& /en 47

kom (2025) 0308 - Ingen titel

(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)

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;

(i)

Amending Protocol to the Agreement between the European Community and

the Swiss Confederation on trade in agricultural products;

(j)

Institutional Protocol to the Agreement between the European Community and

the Swiss Confederation on mutual recognition in relation to conformity assessment;

(k)

Amending Protocol to the Agreement between the European Community and

the Swiss Confederation on mutual recognition in relation to conformity assessment;

(l)

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;

& /en 48

kom (2025) 0308 - Ingen titel

(m) 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;

(n)

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 51

Amendment and termination

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

The Union or Switzerland may terminate this Agreement by notifying the other Contracting

Party. This Agreement shall cease to be in force six months after receipt of that notification.

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

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

cessation of this 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.

& /en 49

kom (2025) 0308 - Ingen titel

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 Agreement.

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

Swiss Confederation")

& /en 50

kom (2025) 0308 - Ingen titel

ANNEX I

ELECTRICITY

Unless otherwise provided for in technical adaptations:

–

rights and obligations provided for in the legal acts of the Union integrated into this Annex for

Member States of the Union shall be understood to be provided for for Switzerland;

–

references to natural or legal persons residing or established in the Member States of the

Union in those acts shall be read as including references to natural or legal persons residing or

established in Switzerland.

This shall be applied in full respect of the institutional provisions contained in Part V of this

Agreement.

& /en 1

kom (2025) 0308 - Ingen titel

ACTS REFERRED TO

32019 R 0941: Regulation (EU) 2019/941 of the European Parliament and of the Council

of 5 June 2019 on risk-preparedness in the electricity sector and repealing Directive

2005/89/EC (OJ L 158, 14.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/941/oj)

The provisions of Regulation (EU) 2019/941 shall, for the purposes of this Agreement, be

read with the following adaptations:

(a)

in Article 3(1), the words "As soon as possible and in any event by 5 January 2020, each

Member State" are replaced by the following:

"At the latest three years after the entry into force of the Agreement, Switzerland";

(b)

in Article 7(1), the words "Within four months of the identification of the regional

electricity crisis scenarios in accordance with Article 6(1)" are replaced by the

following:

"At the latest three years and four months after the entry into force of the Agreement";

(c)

in Article 7(4), the words "Within four months of identification of regional electricity

crisis scenarios in accordance with Article 6(1)," are replaced by the following:

"At the latest three years and four months after the entry into force of this Agreement";

(d)

Articles 10 and 14 shall apply at the latest three years after the entry into force of this

Agreement.

& /en 2

kom (2025) 0308 - Ingen titel

32019 R 0942: Regulation (EU) 2019/942 of the European Parliament and of the Council

of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy

Regulators (OJ L 158, 14.6.2019, p. 22, ELI: http://data.europa.eu/eli/reg/2019/942/oj), as

amended by:

–

32024 R 1787: Regulation (EU) 2024/1787 of the European Parliament and of the

Council of 13 June 2024 on the reduction of methane emissions in the energy sector and

amending Regulation (EU) 2019/942 (OJ L 1787, 15.7.2024,

ELI: http://data.europa.eu/eli/reg/2024/1787/oj)

–

32024 R 1789: Regulation (EU) 2024/1789 of the European Parliament and of the

Council of 13 June 2024 on the internal markets for renewable gas, natural gas and

hydrogen, amending Regulations (EU) No 1227/2011, (EU) 2017/1938, (EU) 2019/942

and (EU) 2022/869 and Decision (EU) 2017/684 and repealing Regulation

(EC) No 715/2009 (recast) (OJ L 1789, 15.7.2024,

ELI: http://data.europa.eu/eli/reg/2024/1789/oj)

The provisions of Regulation (EU) 2019/942 shall, for the purposes of this Agreement, be

read with the following adaptations:

(a)

Regulation (EU) 2019/942 shall only apply to matters falling within the scope of this

Agreement;

& /en 3

kom (2025) 0308 - Ingen titel

(b)

notwithstanding the general provision at the beginning of Annex I of this Agreement,

the term "Member State(s)" contained in Regulation (EU) 2019/942 shall be read to

include, in addition to its meaning in Regulation (EU) 2019/942, Switzerland. Similarly,

the term "regulatory authority" contained in Regulation (EU) 2019/942 shall be

understood to include, in addition to its meaning in Regulation (EU) 2019/942, the

regulatory authority of Switzerland;

(c)

in Article 3, the following paragraph is added:

"3.

In relation to Switzerland, ACER shall have the competences assigned to it in

accordance with Articles 3 to 10 and 12 of Regulation (EU) 2019/942 unless otherwise

provided for in this Agreement. Before ACER takes a decision relating to Switzerland,

it shall consult the competent Swiss authority.";

(d)

in Article 5(4), the following is added:

"For Article 9(6)(b) of Regulation (EU) 2015/1222 the following procedure shall apply:

In so far as the amendment of capacity calculation regions concerns the allocation of

Swiss borders to a specific region, Switzerland has the right to request that the Joint

Committee decide on the approval of the allocation of Swiss borders to a specific

region.

If a decision of the Joint Committee is not reached within six months as of the request,

ACER shall decide on the capacity calculation regions in accordance with the first

subparagraph of this paragraph, taking into account the concerns of Switzerland.

& /en 4

kom (2025) 0308 - Ingen titel

If the Joint Committee decides not to approve the allocation of the Swiss borders to a

specific region, ACER shall prepare a new decision taking into account the concerns of

Switzerland.";

(e)

in Article 21, the following is added:

"The NRA of Switzerland shall participate fully in the Board of Regulators as well as in

all other preparatory bodies of ACER, including working groups, committees and task

forces, with regard to matters falling within the scope of this Agreement. It shall not

have the right to vote in the Board of Regulators. The internal rules of procedure of the

Board of Regulators and the internal rules of procedure for the functioning of the

working groups shall give full effect to the participation of the NRA of Switzerland.";

(f)

in Article 31, the following is added:

"Switzerland shall participate in the financing of ACER. For this purpose, the

procedures laid down in Article 49 of this Agreement shall apply.";

(g)

Switzerland shall grant to ACER and its staff, within the framework of their official

functions for ACER, the privileges and immunities provided for in the Appendix to this

Annex, which are based on Articles 1 to 6, 10 to 15, 17 and 18 of Protocol (No 7).

References to the corresponding articles of the Protocol are indicated between brackets

for information;

& /en 5

kom (2025) 0308 - Ingen titel

(h)

in Article 39, the following paragraph is added:

"1a. By way of derogation from Article 12(2)(a) of the Conditions of Employment of

Other Servants of the European Union, laid down in Regulation No 31 (EEC),

11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of

Employment of Other Servants of the European Economic Community and the

European Atomic Energy Community (OJ 45, 14.6.1962, p. 1385), including any

subsequent amendments, ACER may, if it so decides, engage under contract Swiss

nationals that enjoy their full rights as citizens. ACER may accept the secondment of

experts by Switzerland.";

(i)

in Article 41(1), the following is added:

"Regulation (EC) No 1049/2001 of the European Parliament and the Council

of 30 May 2001 (OJ L 145, 31.5.2001, p. 43) regarding public access to European

Parliament, Council and Commission documents shall, for the application of this

Regulation, apply to any documents of ACER regarding Switzerland as well.";

32020 D 2152: Commission Decision (EU) 2020/2152 of 17 December 2020 on fees due to

the European Union Agency for the Cooperation of Energy Regulators for collecting,

handling, processing and analysing of information reported under Regulation

(EU) No 1227/2011 of the European Parliament and of the Council (OJ L 428, 18.12.2020,

p. 68, ELI: http://data.europa.eu/eli/dec/2020/2152/oj)

& /en 6

kom (2025) 0308 - Ingen titel

32019 R 943: Regulation (EU) 2019/943 of the European Parliament and of the Council

of 5 June 2019 on the internal market for electricity. (OJ L 158, 14.6.2019, p. 54,

ELI: http://data.europa.eu/eli/reg/2019/943/oj), as amended by:

–

32022 R 0869: Regulation (EU) 2022/869 of the European Parliament and of the

Council of 30 May 2022 on guidelines for trans-European energy infrastructure,

amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and

Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No

347/2013 (OJ EU L 152, 3.6.2022, p. 45, ELI: http://data.europa.eu/eli/reg/2022/869/oj)

–

32024 R 1747: Regulation (EU) 2024/1747 of the European Parliament and of the

Council of 13 June 2024 amending Regulations (EU) 2019/942 and (EU) 2019/943 as

regards improving the Union's electricity market design (OJ L, 2024/1747, 26.6.2024,

ELI: http://data.europa.eu/eli/reg/2024/1747/oj)

The provisions of Regulation (UE) 2019/943 shall, for the purposes of this Agreement, be

read with the following adaptations:

(a)

in Article 14(8), the following is added:

"In so far as the Commission intends to amend a bidding zone that covers Swiss

territory, it shall submit the draft decision to the Joint Committee for approval. The Joint

Committee shall decide within six months from the submission. If the Joint Committee

does not approve the amendment of the bidding zone, covering Swiss territory, the

Commission shall prepare a new decision taking into account the concerns of

Switzerland.";

& /en 7

kom (2025) 0308 - Ingen titel

(b)

in Article 15(5), the following is added:

"In so far as the Commission intends to amend a bidding zone that covers Swiss

territory, it shall submit the draft decision to the Joint Committee for approval. The Joint

Committee shall decide within six months from the submission. If the Joint Committee

does not approve the amendment of the bidding zone, covering Swiss territory, the

Commission shall prepare a new decision taking into account the concerns of

Switzerland.";

(c)

capacity mechanisms introduced by Switzerland shall be approved by the competent

Swiss authority. Accordingly, for those capacity mechanisms, in Article 21(8), the word

"Commission" shall be replaced by "the competent Swiss authority";

(d)

in Article 24(1), point (a) shall be replaced by the following:

"(a) make assumptions taking into account the particularities of national electricity

demand and supply, including such particularities resulting from the fact that

Switzerland is not a Member State of the Union, or from elements that may be

particularly relevant for security of supply in Switzerland, such as possible

reduced availability of nuclear power and gas for power generation in

neighbouring countries, provided that such concerns are considered in a

proportionate and reasonable manner";

(e)

the Commission shall have the competences pursuant to Articles 34, 63 and 64 in cases

relating to Switzerland;

& /en 8

kom (2025) 0308 - Ingen titel

(f)

in Article 65(2), the following is added:

"In the event that the Commission intends to request information for the purposes of this

Article from an undertaking situated in Switzerland, the Commission shall provide the

Swiss NRA with a request for information including a time limit by which the

undertaking concerned is required to provide this information. The NRA shall

immediately request this information from the undertaking concerned and include in its

request the information pursuant to paragraph 3. The Swiss NRA shall pass on the

response of the undertakings concerned to the Commission immediately upon receipt.

If an undertaking does not provide the information requested pursuant to the third

subparagraph within the time limit set by the Commission or supplies incomplete

information, the Commission may request the Swiss NRA to adopt decisions pursuant

to paragraph 5.";

(g)

in Article 65(5), the following is added:

"If so requested by the Commission pursuant to paragraph 2, the Swiss NRA shall

require the undertaking concerned by decision to provide the requested information.";

(h)

in Article 66(2), the following is added:

"If the conditions of this paragraph are met regarding a reply to an information request

carried out by the Swiss NRA pursuant to Article 65(2), the Commission may request

that the Swiss NRA adopt a decision pursuant to this paragraph with regard to the

undertakings concerned.";

& /en 9

kom (2025) 0308 - Ingen titel

(i)

a new Article is added:

"Article 66a

Decisions adopted by the Swiss NRA pursuant to Articles 65 and 66 shall be subject to

judicial control of Swiss courts.";

(j)

Article 7b, Article 12(2) to (7), Article 19a(3) to (9), Articles 19e, 19f, 50 and 63 shall

be implemented at the latest three years after the entry into force of this Agreement.

32010 R 0838: Commission Regulation (EU) No 838/2010 of 23 September 2010 on laying

down guidelines relating to the inter-transmission system operator compensation mechanism

and a common regulatory approach to transmission charging (OJ L 250, 24.9.2010, p. 5,

ELI: http://data.europa.eu/eli/reg/2010/838/oj)

For the purposes of this Agreement, the Commission shall have the competences pursuant to

Part A, points 3.3 and 5.1, of the Annex to Regulation (EU) No 838/2010.

32013 R 0543: Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission

and publication of data in electricity markets and amending Annex I to Regulation

(EC) No 714/2009 of the European Parliament and of the Council (OJ EU L 163, 15.6.2013,

p. 1, ELI: http://data.europa.eu/eli/reg/2013/543/oj), as amended by:

–

32019 R 943: Regulation (EU) 2019/943 of 5 June 2019 (OJ L 158, 14.6.2019, p. 54)

& /en 10

kom (2025) 0308 - Ingen titel

32015 R 1222: Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a

guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24,

ELI: http://data.europa.eu/eli/reg/2015/1222/oj), as amended by:

–

32021 R 0280: Commission Implementing Regulation (EU) 2021/280

of 22 February 2021 amending Regulations (EU) 2015/1222, (EU) 2016/1719,

(EU) 2017/2195 and (EU) 2017/1485 in order to align them with Regulation

(EU) 2019/943 (OJ EU L 62, 23.2.2021, p. 24,

ELI: http://data.europa.eu/eli/reg/2015/1222/oj)

The provisions of Regulation (UE) 2015/1222 shall, for the purposes of this Agreement, be

read with the following adaptations:

(a)

in Article 1, the following paragraph is added:

"6.

The Swiss TSO and market operators shall participate in single day-ahead and

single intraday coupling under the same conditions as TSOs and market operators from

the Union, once the technical and regulatory conditions under this Regulation are

fulfilled. The Commission shall, in its decision pursuant to Article 1(5), take into

account that the implementation of the Agreement is deemed to fulfil the conditions

according to Article 1(4). All actors involved shall swiftly take the necessary steps to

allow for Switzerland joining the market coupling within 9 months of the entry into

force of the Agreement.";

& /en 11

kom (2025) 0308 - Ingen titel

(b)

with regard to the terms and conditions or methodologies ("TCMs") whose adoption is

foreseen under Regulation (EU) 2015/1222:

(i)

the Swiss TSO, Nominated Electricity market Operators ("NEMOs") and NRA

participate in the elaboration of any new or amended TCMs, and their comments

shall be taken into account when deciding about the TCMs;

(ii)

when voting and considering whether the relevant Member State or population

thresholds for qualified majorities are attained, Switzerland and its population

shall be taken into account;

(iii) the references to "regions composed of more than five Member States" in

Article 9(3), first subparagraph, and to "regions composed of five Member States

or less" in Article 9(3), third subparagraph, shall be read as "regions composed of

more than four Union Member States and Switzerland" or as "regions composed

of four Union Member States and Switzerland or less";

(iv) when the allocation of Swiss borders to a capacity calculation region is amended

pursuant to Article 9(6)(b), the procedure set out under Article 5(4) of Regulation

(EU) 2019/942 applies;

(v)

the TCMs which were already adopted at the date of signature of this Agreement

shall apply in Switzerland; and

& /en 12

kom (2025) 0308 - Ingen titel

(vi) new or amended TCMs which are adopted ACER in accordance with the

procedure established in Regulation (EU) 2015/1222 shall be integrated within

one month into the Swiss regulatory order by the Swiss NRA. The TCMs shall be

provisionally applicable in Switzerland as from the date of their application in the

Union. Any provisional application shall end with the integration into the Swiss

regulatory order by the Swiss NRA.

32016 R 1719: Commission Regulation (EU) 2016/1719 of 26 September 2016 establishing a

guideline on forward capacity allocation (OJ L 259, 27.9.2016, p. 42,

ELI: http://data.europa.eu/eli/reg/2016/1719/oj), as amended by:

–

32021 R 0280: Commission Implementing Regulation (EU) 2021/280 of 22 February

2021 amending Regulations (EU) 2015/1222, (EU) 2016/1719, (EU) 2017/2195 and

(EU) 2017/1485 in order to align them with Regulation (EU) 2019/943 (OJ EU L 62,

23.2.2021, p. 24, ELI: http://data.europa.eu/eli/reg_impl/2021/280/oj)

The provisions of Regulation (EU) 2016/1719 shall, for the purposes of this Agreement, be

read with the following adaptations:

(a)

in Article 1, the following paragraph is added:

"6.

The Swiss TSO and market operators shall participate in the single allocation

platform under the same conditions as TSOs and market operators from the Union, once

the technical and regulatory conditions under this Regulation are fulfilled. The

Commission shall, in its decision pursuant to paragraph 5, take into account that the

implementation of the Agreement is deemed to fulfil the conditions according to

paragraph 4. All actors involved shall swiftly take the necessary steps to allow for

Switzerland joining the market coupling within 9 months after the entry into force of the

Agreement.";

& /en 13

kom (2025) 0308 - Ingen titel

(b)

with regard to the terms and conditions or methodologies ("TCMs") whose adoption is

foreseen under Regulation (EU) 2016/1719:

(i)

the Swiss TSO and NRA participate in the elaboration of any new or amended

TCMs, and their comments shall be taken into account when deciding about the

TCMs;

(ii)

when voting and considering whether the relevant Member State or population

thresholds for qualified majorities are attained, Switzerland and its population

shall be taken into account;

(iii) the references to "regions composed of more than five Member States" in

Article 4(3), first subparagraph, and to "regions composed of five Member States

or less" in Article 4(3), third subparagraph, shall be read as "regions composed of

more than four Union Member States and Switzerland" or as "regions composed

of four Union Member States and Switzerland or less";

(iv) the TCMs which were already adopted at the date of signature of this Agreement

shall apply in Switzerland; and

(v)

new or amended TCMs which are adopted by ACER in accordance with the

procedure established in Regulation (EU) 2016/1719 shall be integrated within

one month into the Swiss regulatory order by the Swiss NRA. The TCMs shall be

provisionally applicable in Switzerland as from the date of their application in the

Union. Any provisional application shall end with the integration into the Swiss

regulatory order by the Swiss NRA.

& /en 14

kom (2025) 0308 - Ingen titel

32017 R 2195: Commission Regulation (EU) 2017/2195 of 23 November 2017 establishing a

guideline on electricity balancing (OJ L 312, 28.11.2017, p. 6,

ELI: http://data.europa.eu/eli/reg/2017/2195/oj), as amended by:

–

32021 R 0280: Implementing Regulation (EU) 2021/280 of 22 February 2021 amending

Regulations (EU) 2015/1222, (EU) 2016/1719, (EU) 2017/2195 and (EU) 2017/1485 in

order to align them with Regulation (EU) 2019/943 (OJ EU L 62, 23.2.2021, p. 24,

ELI: http://data.europa.eu/eli/reg/2015/1222/oj)

The provisions of Regulation (UE) 2017/2195 shall, for the purposes of this Agreement, be

read with the following adaptations:

(a)

in Article 1, the following paragraph is added:

"9.

The Swiss TSO and market operators shall participate in the European platforms

for the exchange of standard products for balancing energy under the same conditions as

TSOs and market operators from the Union, once the technical and regulatory

conditions under this Regulation are fulfilled. The Commission shall, in its decision

pursuant to paragraph 7, take into account that the implementation of the Agreement is

deemed to fulfil the conditions according to paragraph 6. All actors involved shall

swiftly take the necessary steps to allow for Switzerland joining the market coupling

within 9 months of the entry into force of the Agreement.";

& /en 15

kom (2025) 0308 - Ingen titel

(b)

with regard to the terms and conditions or methodologies ("TCMs") whose adoption is

foreseen under Regulation (EU) 2017/2195:

(i)

the Swiss TSO and NRA participate in the elaboration of any new or amended

TCMs, and their comments shall be taken into account when deciding about the

TCMs;

(ii)

when voting and considering whether the relevant Member State or population

thresholds for qualified majorities are attained, Switzerland and its population

shall be taken into account;

(iii) the references to "regions composed of more than five Member States" in

Article 4(4) and to "regions composed of five Member States or less" in Article

4(4), shall be read as "regions composed of more than four Union Member States

and Switzerland" or as "regions composed of four Union Member States and

Switzerland or less";

(iv) the TCMs which were already adopted at the date of signature of this Agreement

shall apply in Switzerland; and

(v)

new or amended TCMs which are adopted by ACER in accordance with the

procedure established in Regulation (EU) 2017/2195 shall be integrated within

one month into the Swiss regulatory order by the Swiss NRA. The TCMs shall be

provisionally applicable in Switzerland as from the date of their application in the

Union. Any provisional application shall end with the integration into the Swiss

regulatory order by the Swiss NRA.

& /en 16

kom (2025) 0308 - Ingen titel

10.

32017 R 2196: Commission Regulation (EU) 2017/2196 of 24 November 2017 establishing a

network code on electricity emergency and restoration (OJ EU L 312, 28.11.2017, p. 54,

ELI: http://data.europa.eu/eli/reg/2017/2196/oj)

11.

32016 R 1388: Commission Regulation (EU) 2016/1388 of 17 August 2016 establishing a

network code on demand connection (OJ EU L 223, 18.8.2016, p. 10,

ELI: http://data.europa.eu/eli/reg/2016/1388/oj)

For the purposes of this Agreement, the Commission shall have the competences pursuant to

Article 51.

12.

32016 R 0631: Commission Regulation (EU) 2016/631 of 14 April 2016 establishing a

network code on requirements for grid connection of generators (OJ EU L 112, 27.4.2016, p.

1, ELI: http://data.europa.eu/eli/reg/2016/631/oj)

For the purposes of this Agreement, the Commission shall have the competences pursuant to

Article 61.

13.

32016 R 1447: Commission Regulation (EU) 2016/1447 of 26 August 2016 establishing a

network code on requirements for grid connection of high-voltage direct current system and

direct current-connected power park modules (OJ EU L 241, 8.9.2016, p. 1,

ELI: http://data.europa.eu/eli/reg/2016/1447/oj)

For the purposes of this Agreement, the Commission shall have the competences pursuant to

Article 78.

& /en 17

kom (2025) 0308 - Ingen titel

14.

32017 R 1485: Commission Regulation (EU) 2017/1485 of 2 August 2017 establishing a

guideline on electricity transmission system operation (OJ EU L 220, 25.8.2017, p. 1,

ELI: http://data.europa.eu/eli/reg/2017/1485/oj), as amended by:

–

32021 R 0280: Implementing Regulation (EU) 2021/280 of 22 February 2021 (OJ L 62,

23.2.2021, p. 24)

The provisions of Regulation (EU) 2017/1485 shall, for the purposes of this Agreement, be

read with the following adaptations:

(a)

with regard to the terms and conditions or methodologies ("TCMs") whose adoption is

foreseen under Regulation (EU) 2017/1485:

(i)

the Swiss TSO and NRA participate in the elaboration of any new or amended

TCMs, and their comments shall be taken into account when deciding about the

TCMs;

(ii)

when voting and considering whether the relevant Member State or population

thresholds for qualified majorities are attained, Switzerland and its population

shall be taken into account;

(iii) the references to "regions composed of more than five Member States" in

Article 5(5) and to "regions composed of five Member States or less" in Article

5(5) shall be read as "regions composed of more than four Union Member States

and Switzerland" or as "regions composed of four Union Member States and

Switzerland or less";

& /en 18

kom (2025) 0308 - Ingen titel

(iv) the TCM which were already adopted at the date of signature of this Agreement

shall apply in Switzerland; and

(v)

new or amended TCMs which are adopted by ACER in accordance with the

procedure established in Regulation (EU) 2017/1485 shall be integrated within

one month into the Swiss regulatory order by the Swiss NRA. The TCMs shall be

provisionally applicable in Switzerland as from the date of their application in the

EU. Any provisional application shall end with the integration into the Swiss

regulatory order by the Swiss NRA.

& /en 19

kom (2025) 0308 - Ingen titel

15.

32024 L 01366: Commission Delegated Regulation (EU) 2024/1366 of 11 March 2024

supplementing Regulation (EU) 2019/943 of the European Parliament and of the Council by

establishing a network code on sector-specific rules for cybersecurity aspects of cross-border

electricity flows (OJ EU L, 2024/1366, 24.5.2024,

ELI: http://data.europa.eu/eli/reg_del/2024/1366/oj)

The provisions of Regulation (EU) 2024/1366 shall, for the purposes of this Agreement, be

read with the following adaptations:

(a)

the following Article is inserted:

"Article 1a

By the entry into force of the Agreement, Switzerland shall establish or designate

the following authorities and bodies:

(a)

a national governmental or regulatory authority responsible for carrying out the

tasks assigned to the "competent authority" in this Regulation; regarding

Switzerland, references in this Regulation to "competent authority" shall be read

as referring to that designated authority;

& /en 20

kom (2025) 0308 - Ingen titel

(b)

one or more computer security incident response teams (CSIRTs) responsible for

incident handling within the scope of this Regulation in accordance with a well-

defined process; those teams may establish cooperation relationships with national

CSIRTs of Member States of the Union insofar as required for the application of

this Regulation; as part of such cooperation relationships, Switzerland shall

facilitate effective, efficient and secure information exchange with those national

CSIRTs, using relevant information-sharing protocols, including the traffic light

protocol. Regarding Switzerland, references in this Regulation to "CSIRT" shall

be read as referring to the team or teams designated according to the first

subparagraph.

Switzerland shall designate one of its CSIRTs as a coordinator for the purposes of

coordinated vulnerability disclosure (hereinafter referred to as "coordinating

CSIRT"). The coordinating CSIRT shall act as a trusted intermediary, facilitating,

where necessary, the interaction between the natural or legal person reporting a

vulnerability and the manufacturer or provider of the potentially vulnerable

information and communication technology (ICT) products or ICT services, upon

the request of either of these parties. The tasks of the coordinating CSIRT shall

include:

(i)

identifying and contacting the entities concerned;

& /en 21

kom (2025) 0308 - Ingen titel

(ii)

assisting the natural or legal persons reporting a vulnerability; and

(iii) negotiating disclosure timelines and managing vulnerabilities that affect

multiple entities.

Switzerland shall ensure that natural or legal persons are able to report,

anonymously where they so request, a vulnerability to the coordinating CSIRT.

The latter shall ensure that diligent follow-up action is carried out with regard to

the reported vulnerability and shall ensure the anonymity of the natural or legal

person reporting the vulnerability. Where a reported vulnerability could have a

significant impact on entities not only in Switzerland but also in one or more

Member States of the Union, the coordinating CSIRT of Switzerland shall, where

appropriate, cooperate with other coordinating CSIRTs within the CSIRTs

network;

(c)

one or more competent authorities responsible for the management of large-scale

cybersecurity incidents and crises within the scope of this Regulation, which shall

define a national large-scale cybersecurity incident and crisis response plan for

electricity where the objectives of and arrangements for the management of large-

scale cybersecurity incidents and crises are set out. Regarding Switzerland,

references in this Regulation to "cyber crisis management authorities", "NIS cyber

crisis management authorities" or "national cyber crisis management authorities"

shall be read as referring to that designated authority;

& /en 22

kom (2025) 0308 - Ingen titel

(d)

a point of contact exercising a liaison function to ensure cross-border cooperation

within the scope of this Regulation between the Swiss authorities and the relevant

authorities of the Member States of the Union, and, where appropriate, with the

Commission and the European Union Agency for Cybersecurity (hereinafter

referred to as "ENISA"), as well as to ensure cross-sectoral cooperation with other

competent authorities within Switzerland. Regarding Switzerland, references in

this Regulation to "national single point of contact" shall be read as referring to

that designated point of contact;

(e)

a competent authority responsible for cybersecurity. Regarding Switzerland,

references in this Regulation to "competent authorities responsible for

cybersecurity" or "CS-NCAs" shall be read as referring to that designated

authority.

By the entry into force of the Agreement, Switzerland shall notify the

Commission, ACER, ENTSO-E and the EU DSO entity, communicating to them the

name and the contact details of the respective authorities referred to in paragraph 1.";

(b)

with regard to the terms and conditions or methodologies ("TCMs") or plans whose

adoption is provided for in Regulation (EU) 2024/1366:

(i)

the Swiss TSO, the Swiss distribution system operators (DSO) via the EU DSO

entity and competent authority participate in the elaboration of any new or

amended TCMs or plans, and their comments shall be taken into account when

deciding about the TCMs;

& /en 23

kom (2025) 0308 - Ingen titel

(ii)

when voting on TCMs or plans and considering whether the relevant Member

State of the Union or population thresholds for qualified majorities are attained,

Switzerland and its population shall be taken into account;

(iii) the references to "the system operation region concerned is composed of more

than five Member States" in Article 7(3), shall be read as "the system operation

region concerned is composed of more than four Member States of the European

Union and Switzerland";

(iv) the TCMs and plans which were already adopted at the date of signature of this

Agreement shall apply in Switzerland;

(v)

new or amended TCMs and plans which are adopted in the Union in accordance

with the procedure established in Regulation (EU) 2024/1366 shall be integrated

within one month into the Swiss regulatory order by the Swiss competent

authority. The TCMs shall be provisionally applicable in Switzerland as from the

date of their application in the Union. Any provisional application shall end with

the integration into the Swiss regulatory order by the Swiss competent authority;

(c)

in Article 2(6) and Article 33(2)(a)(i), the reference to Regulation (EU) 2016/679 shall

be understood, regarding Switzerland, as a reference to relevant national legislation;

(d)

Article 5, last sentence, Article 38(8), Article 41(2), second sentence, Articles 41(3),

41(7) and 43(4) shall not apply;

& /en 24

kom (2025) 0308 - Ingen titel

(e)

Article 37(4) is replaced by the following:

"If the competent authority becomes aware of an unpatched vulnerability, without

evidence of yet being actively exploited, it shall without undue delay coordinate with

the coordinating CSIRT for the purposes of coordinated vulnerability disclosure as laid

down in Article 1a(1)(b) of this Regulation.";

(f)

Article 40(3) shall be replaced by the following:

"Where the cyber-attack qualifies or is expected to qualify as a large-scale cybersecurity

incident and affects Switzerland, the ad hoc cross-border crisis coordination group shall

immediately inform the national cyber crisis management authorities in Switzerland and

in the Member States of the Union affected by the incident, as well as the Commission

and the European cyber crisis liaison organization network ("EU CyCLONe"). In such a

situation, the ad hoc cross-border crisis coordination group shall support the EU

CyCLONe concerning sectoral specificities.";

(g)

Article 42(3) is replaced by the following:

"The CSIRTs shall disseminate the information received from ENISA to the entities

concerned without delay.".

& /en 25

kom (2025) 0308 - Ingen titel

16.

32019 L 0944: Directive (EU) 2019/944 of the European Parliament and of the Council

of 5 June 2019 on common rules for the internal market for electricity and amending

Directive 2012/27/EU (OJ EU L 158, 14.6.2019, p. 125,

ELI: http://data.europa.eu/eli/dir/2019/944/oj), as amended by:

–

32022 R 0869: Regulation (EU) 2022/869 of the European Parliament and of the

Council of 30 May 2022 on guidelines for trans-European energy infrastructure,

amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and

Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No

347/2013 (OJ L 152, 3.6.2022, p. 45, ELI: http://data.europa.eu/eli/reg/2022/869/oj)

–

32024 L 1711: Directive (EU) 2024/1711 of the European Parliament and of the

Council of 13 June 2024 amending Directives (EU) 2018/2001 and (EU) 2019/944 as

regards improving the Union's electricity market design (OJ EU L, 2024/1711,

26.6.2024, ELI: http://data.europa.eu/eli/dir/2024/1711/oj)

The provisions of Directive (EU) 2019/944 shall, for the purposes of this Agreement, be read

with the following adaptations:

(a)

the Commission shall have the competences pursuant to Article 44(1), Article 63 and

Article 66(1) in cases relating to Switzerland;

(b)

Article 6a, Article 7(1) to (2) and (4) to (5), Article 8, Article 12(1), Article 15,

Article 15a(1) to (8), Articles 16 and 23, Article 24(1) and (3), Articles 28and 28a,

Article 29(1), Articles 32, 38 and 66a shall be implemented at the latest three years after

the entry into force of this Agreement;

& /en 26

kom (2025) 0308 - Ingen titel

(c)

Article 35(1) and (2) shall be implemented regarding the unbundling of distribution

system operators organized under Swiss public law at the latest three years after the

entry into force of this Agreement;

(d)

the Swiss NRA shall exercise the tasks relating to connection and access to national

networks, including transmission and distribution tariffs, pursuant to Article 59(1)(a)

and (7)(a) at the latest five years after the entry into force of this Agreement;

(e)

the Joint Committee shall have the competence pursuant to Article 65.

17.

32023 R 1162: Commission Implementing Regulation (EU) 2023/1162 of 6 June 2023 on

interoperability requirements and non-discriminatory and transparent procedures for access to

metering and consumption data (OJ EU L 154, 15.6.2023, p. 10,

ELI: http://data.europa.eu/eli/reg_impl/2023/1162/oj)

18.

32011 R 1227: Regulation (EU) No 1227/2011 of the European Parliament and of the Council

of 25 October 2011 on wholesale energy market integrity and transparency (OJ EU L 326,

8.12.2011, p. 1, ELI: http://data.europa.eu/eli/reg/2011/1227/oj), as amended by:

–

32024 R 1106: Regulation (EU) 2024/1106 of the European Parliament and of the

Council of 11 April 2024 amending Regulations (EU) No 1227/2011 and

(EU) 2019/942 as regards improving the Union's protection against market

manipulation on the wholesale energy market (OJ EU L, 2024/1106, 17.4.2024,

ELI: http://data.europa.eu/eli/reg/2024/1106/oj)

& /en 27

kom (2025) 0308 - Ingen titel

The provisions of Regulation (EU) No 1227/2011 shall, for the purposes of this Agreement,

be read with the following adaptations:

(a)

in Article 1(2), the following is added:

"For electricity derivatives that are not covered by Article 2(4) and are admitted to

trading on a trading venue or a distributed ledger technology trading facility which has

its registered office in Switzerland, Switzerland shall continue applying rules

prohibiting market manipulation and insider trading which ensure a comparable

standard of protection as in the Union.";

(b)

in Article 1, a new paragraph is added:

"6.

In Switzerland, this Regulation only applies to wholesale trading with electricity

but not to the gas sector";

(c)

in Article 9, a new paragraph is inserted:

"1a. Market participants that are registered with both the Swiss NRA and a NRA of a

Member State of the Union at the moment of the entry into force of this Agreement,

shall bring their registration obligations in line with this Article.";

(d)

in Article 13, a new paragraph is inserted:

"8a. With regard to Switzerland, the Agency shall conduct cross-border investigations

pursuant to Article 13(5) to (8) in close and active cooperation with the Swiss NRA.

& /en 28

kom (2025) 0308 - Ingen titel

Within the context of such cross-border investigations, the competent Swiss authorities,

in particular the Swiss NRA, shall carry out in close cooperation with the Agency

investigative measures pursuant to Article 13a, Article 13b(2) and Article 13c on Swiss

territory.

The Agency may invite the Swiss NRA to take concrete investigative measures and the

competent Swiss authorities shall carry out those measures. The Agency shall

participate in the carrying out of the measures at its request.

The Swiss NRA shall collect the information necessary for the Agency to conduct its

investigation effectively and share this information with the Agency without undue

delay following the finalization of the respective investigative measure.

When the Agency intends to communicate with persons on Swiss territory, including for

the purpose of requests for information under Article 13b(1), the relevant information

shall be passed on to those persons and to the Agency respectively by the Swiss NRA.

The investigation report referred to in Article 13(11) shall be drawn up by the Agency.

The measures referred to in Article 13(11) shall be taken by the Swiss NRA.";

(e)

for measures taken by the competent Swiss authorities pursuant to Article 13(8a), the

term "Agency" in Article 13g(1) and (4) shall be read as "competent Swiss authority";

& /en 29

kom (2025) 0308 - Ingen titel

(f)

a new Article is inserted after Article 13j:

"Article 13k

Measures taken by the competent Swiss authorities pursuant to Articles 13(8a) and 13g

shall be subject to the judicial control of Swiss courts.".

19.

32014 R 1348: Commission Implementing Regulation (EU) No 1348/2014

of 17 December 2014 on data reporting implementing Article 8(2) and Article 8(6) of

Regulation (EU) No 1227/2011 of the European Parliament and of the Council on wholesale

energy market integrity and transparency (OJ EU L 363, 18.12.2014, p. 121,

ELI: http://data.europa.eu/eli/reg_impl/2014/1348/oj)

20.

32012 D 1117(01): Commission Decision of 15 November 2012 setting up the Electricity

Coordination Group (OJ EU C 353, 17.11.2012, p. 2)

& /en 30

kom (2025) 0308 - Ingen titel

Appendix

PRIVILEGES AND IMMUNITIES

ARTICLE 1

(corresponding to Article 1 of Protocol (No 7))

The premises and buildings of the Agency shall be inviolable. They shall be exempt from search,

requisition, confiscation or expropriation. The property and assets of the Agency shall not be the

subject of any administrative or legal measure of constraint without the authorisation of the Court of

Justice of the European Union.

ARTICLE 2

(corresponding to Article 2 of Protocol (No 7))

The archives of the Agency shall be inviolable.

ARTICLE 3

(corresponding to Articles 3 and 4 of Protocol (No 7))

The Agency, its assets, revenues and other property shall be exempt from all direct taxes.

& /en 31

kom (2025) 0308 - Ingen titel

Goods and services exported to the Agency for its official use from Switzerland or provided

to the Agency in Switzerland shall not be subject to any indirect duties and taxes.

Exemption from VAT shall be granted if the actual purchase price of the goods and services

mentioned in the invoice or corresponding document totals at least one hundred Swiss francs

(inclusive of tax). The Agency shall be exempt from all customs duties, prohibitions and restrictions

on imports and exports in respect of articles intended for its official use; articles so imported shall

not be disposed of, whether or not in return for payment, in Switzerland, except under conditions

approved by the government of Switzerland.

The exemption from VAT, excise duty and any other indirect taxes shall be granted by way of

remit on presentation to the goods or services supplier of the Swiss forms provided for the purpose.

No exemption shall be granted in respect of taxes and dues, which amount merely to charges

for public utility services.

ARTICLE 4

(corresponding to Article 5 of Protocol (No 7))

For its official communications and the transmission of all its documents, the Agency shall enjoy in

Switzerland the treatment accorded by that State to diplomatic missions.

Official correspondence and other official communications of the Agency shall not be subject to

censorship.

& /en 32

kom (2025) 0308 - Ingen titel

ARTICLE 5

(corresponding to Article 6 of Protocol (No 7))

The

laissez-passer

of the Union issued to members and servants of the Agency shall be recognised

as valid travel documents within the territory of Switzerland. Those

laissez-passer

shall be issued to

officials and other servants under conditions laid down in the Staff Regulations of Officials and the

Conditions of Employment of other servants of the Union (Regulation No 31 (EEC), 11 (EAEC),

laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants

of the European Economic Community and the European Atomic Energy Community (OJ 45,

14.6.1962, p. 1385), including any subsequent amendments).

ARTICLE 6

(corresponding to Article 10 of Protocol (No 7))

Representatives of Member States of the Union taking part in the work of the Agency, their advisers

and technical experts shall, in the performance of their duties and during their travel to and from the

place of meeting in Switzerland, enjoy the customary privileges, immunities and facilities.

& /en 33

kom (2025) 0308 - Ingen titel

ARTICLE 7

(corresponding to Article 11 of Protocol (No 7))

In the territory of Switzerland and whatever their nationality, officials and other servants of the

Agency shall:

(a)

subject to the provisions of the Treaties relating, on the one hand, to the rules on the liability

of officials and other servants towards the Union and, on the other hand, to the jurisdiction of

the Court of Justice of the European Union in disputes between the Union and its officials and

other servants, be immune from legal proceedings in respect of acts performed by them in

their official capacity, including their words spoken or written. They shall continue to enjoy

this immunity after they have ceased to hold office;

(b)

together with their spouses and dependent members of their families, not be subject to

immigration restrictions or to formalities for the registration of aliens;

(c)

in respect of currency or exchange regulations, be accorded the same facilities as are

customarily accorded to officials of international organisations;

(d)

enjoy the right to import free of duty their furniture and effects at the time of first taking up

their post in Switzerland, and the right to re-export free of duty their furniture and effects, on

termination of their duties in that country, subject in either case to the conditions considered

to be necessary by the government of Switzerland;

& /en 34

kom (2025) 0308 - Ingen titel

(e)

have the right to import free of duty a motor car for their personal use, acquired either in the

country of their last residence or in the country of which they are nationals on the terms ruling

in the home market in that country, and to re-export it free of duty, subject in either case to the

conditions considered to be necessary by the government of Switzerland.

ARTICLE 8

(corresponding to Article 12 of Protocol (No 7))

Officials and other servants of the Agency shall be liable to a tax for the benefit of the Union on

salaries, wages and emoluments paid to them by the Agency, in accordance with the conditions and

procedure laid down by Union law.

They shall be exempt from Swiss federal, cantonal and communal taxes on salaries, wages and

emoluments paid by the Agency.

& /en 35

kom (2025) 0308 - Ingen titel

ARTICLE 9

(corresponding to Article 13 of Protocol (No 7))

In the application of income tax, wealth tax and death duties and in the application of conventions

on the avoidance of double taxation concluded between Switzerland and Member States of the

Union, officials and other servants of the Agency who, solely by reason of the performance of their

duties in the service of the Agency, establish their residence in the territory of Switzerland for tax

purposes at the time of entering the service of the Agency, shall be considered, both in Switzerland

and in the country of domicile for tax purposes, as having maintained their domicile in the latter

country provided that it is a Member State of the Union. This provision shall also apply to a spouse,

to the extent that the latter is not separately engaged in a gainful occupation, and to children

dependent on and in the care of the persons referred to in this Article.

Movable property belonging to persons referred to in the first paragraph and situated in Switzerland

shall be exempt from death duties in Switzerland; such property shall, for the assessment of such

duty, be considered as being in the country of domicile for tax purposes, subject to the rights of

third countries and to the possible application of provisions of international conventions on double

taxation.

Any domicile acquired solely by reason of the performance of duties in the service of other

international organisations shall not be taken into consideration in applying the provisions of this

Article.

& /en 36

kom (2025) 0308 - Ingen titel

ARTICLE 10

(corresponding to Article 14 of Protocol (No 7))

Union law shall lay down the scheme of social security benefits for officials and other servants of

the Union.

Officials and other servants of the Agency shall therefore not be obliged to be members of the

Swiss social security system provided they are already covered by the scheme of social security

benefits for officials and other servants of the Union. Members of the family of staff members of

the Agency forming part of their household shall be covered by the scheme of social security

benefits for officials and other servants of the Union provided that they are not employed by another

employer than the Agency and provided that they do not receive social security benefits from a

Member State of the Union or from Switzerland.

ARTICLE 11

(corresponding to Article 15 of Protocol (No 7))

Union law shall determine the categories of officials and other servants of the Agency to whom the

provisions of Articles 7, 8, and 9 shall apply, in whole or in part.

The names, grades and addresses of officials and other servants included in such categories shall be

communicated periodically to Switzerland.

& /en 37

kom (2025) 0308 - Ingen titel

ARTICLE 12

(corresponding to Article 17 of Protocol (No 7))

Privileges, immunities and facilities shall be accorded to officials and other servants of the Agency

solely in the interests of the Agency.

The Agency shall be required to waive the immunity accorded to an official or other servant

wherever that Agency considers that the waiver of such immunity is not contrary to the interests of

the Agency.

ARTICLE 13

(corresponding to Article 18 of Protocol (No 7))

The Agency shall, for the purpose of applying this Appendix, cooperate with the responsible

authorities of Switzerland or of the Member States of the Union concerned.

________________

& /en 38

kom (2025) 0308 - Ingen titel

ANNEX II

TRANSITIONAL REGIME FOR EXISTING

LONG TERM CAPACITY RESERVATIONS

ON INTERCONNECTORS AT THE SWISS BORDERS

SECTION A

PRINCIPLES FOR FINANCIAL COMPENSATION

ARTICLE 1

General principles and scope

This Annex establishes the principles for a transitional mechanism of financial compensation

for the holders of contracts listed in Section B.

The financial compensation shall be calculated based on the economic value of the capacity

reservations for contract holders, as calculated pursuant to Article 2.

The financial compensation shall be granted for the transitional period set out in Article 8(1)

of this Agreement.

& /en 1

kom (2025) 0308 - Ingen titel

Prior to the participation of Switzerland in single day-ahead coupling, contract holders who

want to receive the financial compensation shall acquire the necessary cross-border capacity

through an auction performed by the Joint Allocation Office (hereinafter referred to as "JAO"), in

accordance with the applicable rules and procedures set out by the JAO. Contract holders shall not

be entitled to compensation if they did not succeed in acquiring the necessary capacity through the

auction process.

Once Switzerland has joined single day-ahead coupling, the contract holders who want to

receive financial compensation shall demonstrate that their bid was accepted in the single day-ahead

process in accordance with the applicable rules and procedures as defined in the Regulation

(EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion

management (OJ L 197, 25.7.2015, p. 24, ELI: http://data.europa.eu/eli/reg/2015/1222/oj).

ARTICLE 2

Calculation of the financial compensation

The financial compensation shall be calculated based on a compensation volume (in MW

for a given hour) as defined in paragraphs 2 and 3, multiplied by a compensation price

(in euro/MWh), as defined in paragraph 4.

& /en 2

kom (2025) 0308 - Ingen titel

The compensation volume for each contract shall be:

(a)

during the period prior to Switzerland joining the single day-ahead coupling, the capacity

(in MW for a given hour) allocated to the contract holder in the auction process; when

claiming the compensation, the contract holders shall deliver proof that a capacity up to the

volume of the contract at the border has been acquired and used and of the availability of the

generation installation in the respective market time unit.

(b)

after Switzerland has joined the single day-ahead coupling, the volume (in MW for a given

hour) of the successful bid in the single day-ahead coupling process in the respective bidding

zone, up to the maximum volume of the contracts; when claiming the financial compensation,

the contract holders shall deliver proof of the volume of the successful bid and the availability

of the generation installation in the respective market time unit.

In any given year, the compensation volume pursuant to paragraph 2 shall be reduced to the

following percentages:

–

74,3 % for the direction from France to Switzerland in winter (1 October to 30 April)

and 68,5 % in summer (1 May to 30 September);

–

93,9 % for the direction from Switzerland to France in winter (1 October to 30 April)

and 100 % in summer (1 May to 30 September).

The compensation price shall be calculated

ex post

as the positive price difference between

the day-ahead market clearing prices of Switzerland and France, considering the direction of the

historical capacity reservation, resulting from the market result in the day-ahead timeframe,

calculated for each market time unit separately. In the event that the price difference is negative, no

compensation shall be paid.

& /en 3

kom (2025) 0308 - Ingen titel

The amount of the compensation calculated pursuant to paragraphs 1 to 4 shall be further

reduced by 20 % to account for the contribution of contract holders to the maintenance and capital

costs of the grid.

In the event that the total compensation payments to contract holders as calculated pursuant to

paragraphs 1 to 5 exceed the congestion income from or assigned to the French-Swiss border, the

compensation payments shall be reduced proportionally for all contract holders to ensure that the

total compensation payments do not exceed the available congestion income.

The total financial compensation for each contract holder calculated pursuant to this Article

shall be paid to the contract holders

ex post

on a monthly basis.

ARTICLE 3

Financing of the compensation

The financial compensation pursuant to Article 2 shall be financed by the congestion income

generated by the allocation of capacity on the French-Swiss border, either as received from an

auction of capacity at that border performed by the JAO or assigned to the border by application of

the Congestion Income Distribution methodology.

& /en 4

kom (2025) 0308 - Ingen titel

ARTICLE 4

Implementation, monitoring, and dispute resolution

The NRAs of France and Switzerland shall, where necessary, agree on procedures to

implement the rules in this Annex within three months of the date of entry into force of this

Agreement. They shall notify a draft of the procedures to ACER, the Commission and the Joint

Committee two months after the date of entry into force of this Agreement.

The NRAs of France and Switzerland shall be responsible for verifying the compliance of

TSOs and contract holders with the procedures developed pursuant to paragraph 1, including that

the compensation granted to contract holders is limited to the contracts listed in Section B to this

Annex. They shall send a yearly report on the application of the transitional mechanism to ACER

and the Joint Committee by 1 March of the following year.

In the event that the NRAs fail to reach a consensus on the procedures pursuant to paragraph 1

within three months of the date of entry into force of this Agreement, Switzerland may refer the

issue to the Joint Committee which shall decide on the implementation procedures within 6 months

of the date of that referral.

Notwithstanding paragraphs 1 to 3, the contract holders shall have the right to receive the

financial compensation from the date of entry into force of this Agreement until the end of the

transitional period.

& /en 5

kom (2025) 0308 - Ingen titel

SECTION B

LONG TERM CAPACITY RESERVATION CONTRACTS

WITH FINANCIAL COMPENSATION

Direction

FR => CH

CH => FR

FR => CH

CH => FR

Contract Name

EOS CNP Cattenom 3 / 4

NOK 94 / EDF 95

EDL Cattenom 3 / 4

EDL 2000

Participation Bugey 2

Participation Bugey 3

EOS Cleuson Dixence

Emosson Pompage

Emosson Turbine

Technology

Nuclear

Hydro

Maximal End Date

End of generation

activity of the units

30.9.2036

End of generation

activity of the units

31.12.2039

End of generation

activity of the unit

End of generation

activity of the unit

30.4.2030

End of generation

activity of the unit

End of generation

activity of the unit

& /en 6

kom (2025) 0308 - Ingen titel

SECTION C

HYDRO POWER PLANTS PRESERVING CAPACITY RESERVATIONS

NOT EXCEEDING 65 MW

Direction

FR => CH

CH => FR

AT => CH

CH => IT

FR => CH

CH => FR

Name of power plant

Kembs

FM Chatelot

GKW Inn

Kraftwerke Hinterrhein

Bagnes Martigny

(Champsec)

Forces Motrices de

Mauvoisin

Maximal Capacity

Reservation [MW]

13,3

Maximal End Date

End of concession

(31.12.2035)

End of concession

(31.12.2028)

End of concession

(31.12.2028)

End of concession

(after 2050)

End of concession

(31.12.2042)

End of concession

(31.12.2041)

End of concession

(31.12.2041)

________________

& /en 7

kom (2025) 0308 - Ingen titel

ANNEX III

STATE AID

EXEMPTIONS AND CLARIFICATIONS

SECTION A

MEASURES COMPATIBLE WITH THE PROPER FUNCTIONING

OF THE INTERNAL MARKET,

AS REFERRED TO IN ARTICLE 13(2), POINT (c)

The following existing Swiss measures shall be compatible with the proper functioning of the

internal market and shall not be subject to Article 14(3), point (b):

(a)

investment grants for electricity generation from renewable energy sources according to

Articles 25 to 29 of the Energy Act

(hereinafter referred to as "EnG"), including

temporary exemption from water royalties according to Article 50a of the Act on

Hydropower)

;

(b)

contracts for difference for electricity generation from renewable energy sources

according to Articles 29a to 29e EnG;

(c)

operating cost contribution for biomass according to Article 33a EnG;

(d)

geothermal guarantees according to Article 33 EnG;

Energiegesetz, 30 September 2016 (EnG, SR 730.0), version applicable on 1 January 2025

Bundesgesetz über die Nutzbarmachung der Wasserkräfte, 22 December 1916 (WRG, SR 721

80), version applicable on 1 January 2023

& /en 1

kom (2025) 0308 - Ingen titel

(e)

compensation for residual flow measures according to Article 80(2) of the Water

Protection Act

; and

(f)

compensation for ecological restoration measures related to hydropower (hydropeaking,

sediment transport and fishing migration) according to Article 34 EnG. 

The Swiss authorities commit that, as from the entry into force of this Agreement,

installations which are not provided with a derogation pursuant to Article 5(2), point (b) or

Article 5(4) of Regulation (EU) 2019/943

can only be granted a new aid for electricity

production under the measures mentioned in point 1 if they are:

–

required to sell their electricity production on the market;

not incentivised to offer their output below their marginal costs and not receiving

operating aid for production in any periods in which the market value of that production

is negative.

The provisions of point 1, (a) and (b), shall cease to apply 10 years after the entry into force of

this Agreement, and those of point 1, (c) to (f), shall cease to apply six years after the entry

into force of this Agreement. After expiry of those time limits, the Swiss Surveillance

Authority shall include those measures in its constant review under Article 15(4).

Bundesgesetz über den Schutz der Gewässer, 24 January 1991 (GschG, SR 814 20), version

applicable on 1 February 2023

Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on

the internal market for electricity, OJ L 158, 14.6.2019, p. 54, as applicable according to

Annex.

& /en 2

kom (2025) 0308 - Ingen titel

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 13(3), POINT (e)

The following categories of aid may be considered to be compatible with the proper functioning of

the internal market:

[…]

& /en 3

kom (2025) 0308 - Ingen titel

SECTION C

BLOCK EXEMPTIONS, AS REFERRED TO IN ARTICLE 13(4)

Aid shall be presumed compatible with the proper functioning of the internal market and shall be

exempted from the notification requirements under Article 14, if it is granted in accordance with the

substantive conditions set out in the following provisions:

(a)

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 EU L 187, 26.6.2014, p. 1,

ELI: http://data.europa.eu/eli/reg/2014/651/oj), as last amended by Commission Regulation

(EU) 2023/1315 of 23 June 2023 amending Regulation (EU) No 651/2014 declaring certain

categories of aid compatible with the internal market in application of Articles 107 and 108 of

the Treaty and Regulation (EU) 2022/2473 declaring certain categories of aid to undertakings

active in the production, processing and marketing of fishery and aquaculture products

compatible with the internal market in application of Articles 107 and 108 of the Treaty

(OJ EU L 167, 30.6.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1315/oj);

(b)

Articles 1 to 6 of Commission Decision of 20 December 2011 on the application of

Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form

of public service compensation granted to certain undertakings entrusted with the operation of

services of general economic interest (OJ L 7, 11.1.2012, p. 3,

ELI: http://data.europa.eu/eli/reg/2023/2832/oj).

& /en 4

kom (2025) 0308 - Ingen titel

SECTION D

DE MINIMIS

AID, AS REFERRED TO IN ARTICLE 13(6)

"De

minimis

aid" shall have the meaning that it has in 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 EU L, 2023/2831, 15.12.2023,

ELI: http://data.europa.eu/eli/reg/2023/2831/oj).

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) 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,

ELI: http://data.europa.eu/eli/reg/2023/2382/oj).

________________

& /en 5

kom (2025) 0308 - Ingen titel

ANNEX IV

STATE AID

GENERAL AND SECTORAL ACTS APPLICABLE IN THE EUROPEAN UNION

AS REFERRED TO IN ARTICLE 14(2)

SECTION A

GENERAL AND SECTORAL ACTS

(1)

For the purposes of Part III and pursuant to Article 14(2) of this Agreement, 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 EU L 248, 24.9.2015, p. 9, ELI: http://data.europa.eu/eli/reg/2015/1589/oj);

(b)

Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council

Regulation (EU) 2015/1589 laying down detailed rules for the application of Article 108

of the Treaty on the Functioning of the European Union (OJ EU L 140, 30.4.2004, p. 1,

ELI: http://data.europa.eu/eli/reg/2004/794/oj), as last amended by Commission

Regulation (EU) 2016/2105 of 1 December 2016 amending Annex I to Regulation

(EC) No 794/2004 as regards the form to be used for the notification of State aid to the

fishery and aquaculture sector (OJ EU L 327, 2.12.2016, p. 19,

ELI: http://data.europa.eu/eli/reg/2016/2105/oj);

& /en 1

kom (2025) 0308 - Ingen titel

(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 EU L 187, 26.6.2014, p. 1, ELI: http://data.europa.eu/eli/reg/2014/651/oj), as

last amended by Commission Regulation (EU) 2023/1315 of 23 June 2023 amending

Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the

internal market in application of Articles 107 and 108 of the Treaty and Regulation

(EU) 2022/2473 declaring certain categories of aid to undertakings active in the

production, processing and marketing of fishery and aquaculture products compatible

with the internal market in application of Articles 107 and 108 of the Treaty

(OJ EU L 167, 30.6.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1315/oj);

(d)

Commission Decision of 20 December 2011 on the application of Article 106(2) of the

Treaty on the Functioning of the European Union to State aid in the form of public

service compensation granted to certain undertakings entrusted with the operation of

services of general economic interest (OJ EU L 7, 11.1.2012, p. 3,

ELI: http://data.europa.eu/eli/dec/2012/21(1)/oj);

(e)

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 EU L, 2023/2831, 15.12.2023,

ELI: http://data.europa.eu/eli/reg/2023/2831/oj);

(f)

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 EU L, 2023/2832, 15.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2832/oj).

& /en 2

kom (2025) 0308 - Ingen titel

(2)

For the purposes of Part III and pursuant to Article 14(3) of this Agreement, 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

14(2) and point (1) of this Section.

SECTION B

GUIDELINES, COMMUNICATIONS

AND DECISIONAL PRACTICE OF THE COMMISSION

(1)

For the purposes of Part III and pursuant to Article 14(3) of this Agreement, 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 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 Commission shall notify to the Joint Committee, and publish, the guidelines and

communications it considers relevant under this Agreement.

________________

& /en 3

kom (2025) 0308 - Ingen titel

ANNEX V

ENVIRONMENT

The relevant legal acts of the Union on environmental protection referred to in Article 20 and

Article 27(3) of this Agreement are the following:

32011 L 0092: Directive 2011/92/EU of the European Parliament and of the Council

of 13 December 2011 on the assessment of the effects of certain public and private projects on

the environment (OJ EU L 26, 28.1.2012, p. 1, ELI: http://data.europa.eu/eli/dir/2011/92/oj),

as amended by:

–

32014 L 0052: Directive 2014/52/EU of the European Parliament and of the Council

of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of

certain public and private projects on the environment (OJ EU L 124, 25.4.2014, p. 1,

ELI: http://data.europa.eu/eli/dir/2014/52/oj).

32001 L 0042: Directive 2001/42/EC of the European Parliament and of the Council

of 27 June 2001 on the assessment of the effects of certain plans and programmes on the

environment (OJ L 197, 21.7.2001, p. 30, ELI: http://data.europa.eu/eli/dir/2001/42/oj).

32016 L 0802: Directive (EU) 2016/802 of the European Parliament and of the Council

of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (OJ L 132,

21.5.2016, p. 58, ELI: http://data.europa.eu/eli/dir/2016/802/oj).

& /en 1

kom (2025) 0308 - Ingen titel

32010 L 0075: Directive 2010/75/EU of the European Parliament and of the Council

of 24 November 2010 on industrial emissions (integrated pollution prevention and control)

(OJ EU L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).

32009 L 0147: Directive 2009/147/EC of the European Parliament and of the Council

of 30 November 2009 on the conservation of wild birds (OJ EU L 20, 26.1.2010, p. 7,

ELI: http://data.europa.eu/eli/dir/2009/147/oj), as amended by:

–

32013 L 0017: Council Directive 2013/17/EU of 13 May 2013 adapting certain

directives in the field of environment, by reason of the accession of the Republic of

Croatia (OJ EU L 158, 10.6.2013, p. 193, ELI: http://data.europa.eu/eli/dir/2013/17/oj),

–

32019 R 1010: Regulation (EU) 2019/1010 of the European Parliament and of the

Council of 5 June 2019 on the alignment of reporting obligations in the field of

legislation related to the environment, and amending Regulations (EC) No 166/2006

and (EU) No 995/2010 of the European Parliament and of the Council, Directives

2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European

Parliament and of the Council, Council Regulations (EC) No 338/97 and

(EC) No 2173/2005, and Council Directive 86/278/EEC (OJ EU L 170, 25.6.2019,

p. 115, ELI: http://data.europa.eu/eli/reg/2019/1010/oj).

& /en 2

kom (2025) 0308 - Ingen titel

32004 L 0035: Directive 2004/35/EC of the European Parliament and of the Council

of 21 April 2004 on environmental liability with regard to the prevention and remedying of

environmental damage (OJ EU L 143, 30.4.2004, p. 56,

ELI: http://data.europa.eu/eli/dir/2004/35/oj), as amended by:

–

32006 L 0021: Directive 2006/21/EC of the European Parliament and of the Council

of 15 March 2006 on the management of waste from extractive industries and amending

Directive 2004/35/EC (OJ EU L 102, 11.4.2006, p. 15,

ELI: http://data.europa.eu/eli/dir/2006/21/oj),

–

32009 L 0031: Directive 2009/31/EC of the European Parliament and of the Council

of 23 April 2009 on the geological storage of carbon dioxide and amending Council

Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC,

2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006

(OJ EU L 140, 5.6.2009, p. 114, ELI: http://data.europa.eu/eli/dir/2009/31/oj),

–

32013 L 0030: Directive 2013/30/EU of the European Parliament and of the Council

of 12 June 2013 on safety of offshore oil and gas operations and amending

Directive 2004/35/EC (OJ EU L 178, 28.6.2013, p. 66,

ELI: http://data.europa.eu/eli/dir/2013/30/oj),

& /en 3

kom (2025) 0308 - Ingen titel

–

32019 R 1010: Regulation (EU) 2019/1010 of the European Parliament and of the

Council of 5 June 2019 on the alignment of reporting obligations in the field of

legislation related to the environment, and amending Regulations (EC) No 166/2006

and (EU) No 995/2010 of the European Parliament and of the Council, Directives

2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European

Parliament and of the Council, Council Regulations (EC) No 338/97 and

(EC) No 2173/2005, and Council Directive 86/278/EEC (OJ EU L 170, 25.6.2019,

p. 115, ELI: http://data.europa.eu/eli/reg/2019/1010/oj).

________________

& /en 4

kom (2025) 0308 - Ingen titel

ANNEX VI

RENEWABLE ENERGIES

Unless otherwise provided for in technical adaptations,

–

rights and obligations provided for in the legal acts set out in this Annex for Member States of

the Union shall be understood to be provided for for Switzerland;

–

references to natural or legal persons residing or established in the Member States of the

Union in those acts shall be read as including references to natural or legal persons residing or

established in Switzerland.

This shall be applied in full respect of the institutional provisions contained in Part V of this

Agreement.

& /en 1

kom (2025) 0308 - Ingen titel

ACTS REFERRED TO

32018 L 2001: Directive (EU) 2018/2001 of the European Parliament and of the Council

of 11 December 2018 on the promotion of the use of energy from renewable sources

(OJ EU L 328, 21.12.2018, p. 82, ELI: http://data.europa.eu/eli/dir/2018/2001/oj),

as amended by:

–

32023 L 2413: Directive (EU) 2023/2413 of the European Parliament and of the

Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation

(EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from

renewable sources, and repealing Council Directive (EU) 2015/652 (OJ EU L,

2023/2413, 31.10.2023, ELI: http://data.europa.eu/eli/dir/2023/2413/oj),

–

32022 R 0759: Commission Delegated Regulation (EU) 2022/759 of 14 December 2021

amending Annex VII to Directive (EU) 2018/2001 of the European Parliament and of

the Council as regards a methodology for calculating the amount of renewable energy

used for cooling and district cooling (OJ EU L 139, 18.5.2022, p. 1,

ELI: http://data.europa.eu/eli/reg_del/2022/759/oj),

–

32024 L1711: Directive (EU) 2024/1711 of the European Parliament and of the Council

of 13 June 2024 amending Directives (EU) 2018/2001 and (EU) 2019/944 as regards

improving the Union's electricity market design (JO L, 2024/1711, 26.6.2024,

ELI: http://data.europa.eu/eli/dir/2024/1711/oj).

& /en 2

kom (2025) 0308 - Ingen titel

The provisions of Directive (EU) 2018/2001 shall, for the purposes of this Agreement, be read

with the following adaptations:

(a)

in Article 2, the following is added:

"The definition of a term shall apply only if that term is used in a provision that has

been incorporated in Annex VI to the Agreement between the European Union and

Switzerland on electricity.";

(b)

Article 3 is adapted as follows:

(i)

paragraph 1 shall not apply;

(ii)

paragraph 2 is replaced by the following:

"Switzerland shall set an indicative target of a 48,4 % share of renewable energy

in its gross final consumption of energy in 2030. The Joint Committee shall adapt

that target for the periods after 2030, taking into account the applicable target in

the Union. Switzerland shall publish information and inform the Joint Committee

established by the Agreement between the European Union and Switzerland on

electricity on the progress made towards that target and on the implementation of

Articles 19 and 26 to 31a of Directive (EU) 2018/2001 as set out in Annex VI to

that Agreement at least every 2 years.";

(iii) in paragraph 3c, point (a) is replaced by the following:

"(a) the use of saw logs, veneer logs, industrial grade roundwood, stumps and

roots to produce electricity."

& /en 3

kom (2025) 0308 - Ingen titel

(iv) paragraph 3c, point (b), and paragraphs 4, 5 and 6 shall not apply;

(v)

paragraph 4a is adapted as follows:

"4a. Switzerland shall establish a framework, which may include support

schemes and measures facilitating the uptake of renewables power purchase

agreements, enabling the deployment of renewable electricity to a level that is

consistent with the national target referred to in paragraph 2. In particular, that

framework shall tackle remaining barriers to a high level of renewable electricity

supply, and to the development of the necessary transmission, distribution and

storage infrastructure, including co-located energy storage. When designing that

framework, Switzerland shall take into account the additional renewable

electricity required to meet demand in the transport, industry, building and heating

and cooling sectors and for the production of renewable fuels of non-biological

origin";

(c)

Article 5 shall not apply;

(d)

Articles 8 to 14 shall not apply;

(e)

Article 15 and Articles 15b to 16f shall not apply; instead, Switzerland shall maintain

and establish comparable rules in order to reach the goal to increase its share of

electricity from renewable energies. Those rules include:

(i)

assignment of areas where plants for the production of electricity from renewable

energies can be built,

(ii)

public participation,

& /en 4

kom (2025) 0308 - Ingen titel

(iii) swift and efficient permit-granting procedures,

(iv) appropriate status of public interest for renewables;

(f)

Article 15a shall not apply;

(g)

Articles 17 shall not apply;

(h)

Article 18 (1), (2) and (4) to (6) shall not apply;

(i)

Article 18(3) is replaced by the following:

"Switzerland shall set up a framework to ensure a sufficient number of trained and

qualified installers of (i) all forms of renewable heating and cooling systems in

buildings, industry and agriculture, (ii) solar photovoltaic systems, including energy

storage, and (iii) recharging points enabling demand response to service the growth of

renewable energy required to achieve the target set out in accordance with

Article 3(2).";

(j)

Switzerland shall not apply Article 19 to energy other than electricity produced from

saw logs, veneer logs, industrial grade roundwood, stumps and roots;

(k)

Article 20 and Article 20a(3) and (4) shall not apply;

(l)

Article 20a(1), (2) and (5) shall apply three years following the entry into force of this

Agreement;

& /en 5

kom (2025) 0308 - Ingen titel

(m) Articles 21 and 22 shall not apply; instead, Switzerland shall maintain and establish

comparable rules on renewable self-consumers and renewable energy communities in

the field of electricity;

(n)

Articles 22a to 25 shall not apply;

(o)

in Article 26, the following is added:

"Switzerland may set its share of biofuels, bioliquids and biomass fuels produced from

food and feed crops at 0 %.";

(p)

Article 27 (1) to (5) shall not apply;

(q)

Article 28(6) and (7) shall not apply;

(r)

Article 29 (7a) and (7b) shall not apply.

(s)

Article 29a(2) shall not apply;

& /en 6

kom (2025) 0308 - Ingen titel

(t)

Article 30 is amended as follows:

(i)

in paragraph 1, first subparagraph, the introductory phrase is replaced by the

following:

"Where renewable fuels are to be counted towards the targets referred to in

Article 3(2), Member States shall require economic operators to show, by means

of mandatory independent and transparent audits, in accordance with the

implementing act adopted pursuant to paragraph 8 of this Article, that the

sustainability and greenhouse gas emissions saving criteria laid down in

Article 29(2) to (7) and (10) and Article 29a(1) for renewable fuels have been

fulfilled. To that end, they shall require economic operators to use a mass balance

system which:";

(ii)

paragraph 2 is replaced by the following:

"2.

Where a consignment is processed, information on the sustainability and

greenhouse gas emissions saving characteristics of the consignment shall be

adjusted and assigned to the output in accordance with the following rules:

(a)

when the processing of a consignment of raw material yields only one

output that is intended for the production of biofuels, bioliquids or biomass

fuels, or renewable fuels of non-biological origin, the size of the

consignment and the related quantities of sustainability and greenhouse gas

emissions saving characteristics shall be adjusted applying a conversion

factor representing the ratio between the mass of the output that is intended

for such production and the mass of the raw material entering the process;

& /en 7

kom (2025) 0308 - Ingen titel

(b)

when the processing of a consignment of raw material yields more than one

output that is intended for the production of biofuels, bioliquids or biomass

fuels, or renewable fuels of non-biological origin, for each output a separate

conversion factor shall be applied and a separate mass balance shall be

used.";

(iii) in paragraph 3, first subparagraph, the first sentence is replaced by the following:

"1.

Member States shall take measures to ensure that economic operators

submit reliable information regarding the compliance with the sustainability and

greenhouse gas emissions saving criteria laid down in Article 29(2) to (7) and (10)

and Article 29a(1), and that economic operators make available to the relevant

Member State, upon request, the data used to develop that information.";

(iv) in paragraph 3, second subparagraph, the first sentence is replaced by the

following:

"The obligations laid down in this paragraph shall apply regardless of whether

renewable fuels are produced within or are imported into the Union.";

(v)

in paragraph 10, the introductory phrase is replaced by the following:

"10. At the request of Switzerland, which may be based on the request of an

economic operator, the Commission shall, on the basis of all available evidence,

examine whether the sustainability and greenhouse gas emissions saving criteria

laid down in Article 29(2) to (7) and (10) and Article 29a(1) in relation to a source

of renewable fuels have been met.";

& /en 8

kom (2025) 0308 - Ingen titel

(vi) in paragraph 10, points (a) and (b) are replaced by the following:

"(a) take into account the renewable fuels from that source for the purposes

referred to in Article 29(1), first subparagraph, points (a), (b) and (c); or

(b)

by way of derogation from paragraph 9, require suppliers of the source of

renewable fuels to provide further evidence of compliance with those

sustainability and greenhouse gas emissions saving criteria and those

greenhouse gas emissions savings thresholds.";

(u)

Article 31a(1) is replaced by the following:

"By 21 November 2024, the Commission shall ensure that a Union database is set up to

enable the tracing of liquid and gaseous renewable fuels (the 'Union database').";

(v)

Articles 32 to 39 shall not apply;

(w) Annexes I, IA, IV and VIII shall not apply;

(x)

Part A, points (a) and (p), of Annex IX shall not apply;

(y)

Annexes X and XI shall not apply.

& /en 9

kom (2025) 0308 - Ingen titel

32019 R807: Commission Delegated Regulation (EU) 2019/807 of 13 March 2019

supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council as

regards the determination of high indirect land-use change-risk feedstock for which a

significant expansion of the production area into land with high carbon stock is observed and

the certification of low indirect land-use change-risk biofuels, bioliquids and biomass fuels

(OJ EU L 133, 21.5.2019, p. 1, ELI: http://data.europa.eu/eli/reg_del/2019/807/oj)

32023 R 1184: Commission Delegated Regulation (EU) 2023/1184 of 10 February 2023

supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by

establishing a Union methodology setting out detailed rules for the production of renewable

liquid and gaseous transport fuels of non-biological origin (OJ EU L 157, 20.6.2023, p.11,

ELI: http://data.europa.eu/eli/reg_del/2023/1184/oj)

32024 R 1408: Commission Delegated Regulation (EU) 2024/1408 amending Commission

Delegated Regulation (EU) 2023/1184 as regards aligning a technical term with Directive

(EU) 2018/2001 of the European Parliament and of the Council (OJ EU L, 2024/1408,

21.5.2024, ELI: http://data.europa.eu/eli/reg_del/2024/1408/oj)

32023 R 1640: Commission Delegated Regulation (EU) 2023/1640 of 5 June 2023 on the

methodology to determine the share of biofuel and biogas for transport, produced from

biomass being processed with fossil fuels in a common process (OJ EU L 205, 18.8.2023,

p. 1, ELI: http://data.europa.eu/eli/reg_del/2023/1640/oj)

& /en 10

kom (2025) 0308 - Ingen titel

32023 R 1185: Commission Delegated Regulation (EU) 2023/1185 of 10 February 2023

supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by

establishing a minimum threshold for greenhouse gas emissions savings of recycled carbon

fuels and by specifying a methodology for assessing greenhouse gas emissions savings from

renewable liquid and gaseous transport fuels of non-biological origin and from recycled

carbon fuels (OJ L 157, 20.6.2023, p. 20, http://data.europa.eu/eli/reg_del/2023/1185/oj)

The provisions of Delegated Regulation (EU) 2023/1185 shall, for the purposes of this

Agreement, be read with the following adaptations:

(a)

the provisions of Delegated Regulation (EU) 2023/1185 on the calculation of the targets

for fuels and electricity from renewable energies supplied to the transport sector and of

the targets for advanced biofuels and biogas referring to Article 25(2) of Directive

(EU) 2018/2001 shall not apply;

(b)

the provisions of Delegated Regulation (EU) 2023/1185 related to recycled carbon fuels

shall not apply.

32022 R 2448: Commission Implementing Regulation (EU) 2022/2448 of 13 December 2022

on establishing operational guidance on the evidence for demonstrating compliance with the

sustainability criteria for forest biomass laid down in Article 29 of Directive (EU) 2018/2001

of the European Parliament and of the Council (OJ EU L 320, 14.12.2022, p. 4,

ELI: http://data.europa.eu/eli/reg_impl/2022/2448/oj)

& /en 11

kom (2025) 0308 - Ingen titel

32022 D 599: Commission Implementing Decision (EU) 2022/599 of 8 April 2022 on the

recognition of the Biomass Biofuels Sustainability voluntary scheme (2BSvs) for

demonstrating compliance with the requirements set in Directive (EU) 2018/2001 of the

European Parliament and of the Council for biofuels, bioliquids, biomass fuels, renewable

liquid and gaseous fuels of non-biological origin and recycled carbon fuels (OJ EU L 114,

12.4.2022, p. 173, ELI: http://data.europa.eu/eli/dec_impl/2022/599/oj)

32022 D 600: Commission Implementing Decision (EU) 2022/600 of 8 April 2022 on the

recognition of the "Bonsucro EU" voluntary scheme for demonstrating compliance with the

requirements set in Directive (EU) 2018/2001 of the European Parliament and of the Council

for biofuels, bioliquids, biomass fuels, renewable liquid and gaseous fuels of non-biological

origin and recycled carbon fuels (OJ EU L 114, 12.4.2022, p. 176,

ELI: http://data.europa.eu/eli/dec_impl/2022/600/oj)

10.

32022 D 601: Commission Implementing Decision (EU) 2022/601 of 8 April 2022 on the

recognition of the "Better Biomass" voluntary scheme for demonstrating compliance with the

requirements set in Directive (EU) 2018/2001 of the European Parliament and of the Council

for biofuels, bioliquids, biomass fuels, renewable liquid and gaseous fuels of non-biological

origin and recycled carbon fuels (OJ EU L 114, 12.4.2022, p. 179,

ELI: http://data.europa.eu/eli/dec_impl/2022/601/oj)

11.

32022 D 602: Commission Implementing Decision (EU) 2022/602 of 8 April 2022 on the

recognition of the "International Sustainability & Carbon Certification – ISCC EU" voluntary

scheme for demonstrating compliance with the requirements set in Directive (EU) 2018/2001

of the European Parliament and of the Council for biofuels, bioliquids, biomass fuels,

renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels

(OJ EU L 114, 12.4.2022, p. 182, ELI: http://data.europa.eu/eli/dec_impl/2022/602/oj)

& /en 12

kom (2025) 0308 - Ingen titel

12.

32022 D 604: Commission Implementing Decision (EU) 2022/604 of 8 April 2022 on the

recognition of the "Red Tractor Farm Assurance Crops and Sugar Beet Scheme" voluntary

scheme for demonstrating compliance with the requirements set in Directive (EU) 2018/2001

of the European Parliament and of the Council for biofuels, bioliquids, biomass fuels,

renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels

(OJ EU L 114, 12.4.2022, p. 188, ELI: http://data.europa.eu/eli/dec_impl/2022/604/oj)

13.

32022 D 605: Commission Implementing Decision (EU) 2022/605 of 8 April 2022 on the

recognition of the "REDcert-EU" voluntary scheme for demonstrating compliance with the

requirements set in Directive (EU) 2018/2001 of the European Parliament and of the Council

for biofuels, bioliquids, biomass fuels, renewable liquid and gaseous fuels of non-biological

origin and recycled carbon fuels (OJ EU L 114, 12.4.2022, p. 191,

ELI: http://data.europa.eu/eli/dec_impl/2022/605/oj)

14.

32022 D 606: Commission Implementing Decision (EU) 2022/606 of 8 April 2022 on the

recognition of the "Round Table on Responsible Soy with EU RED Requirements (RTRS EU

RED)" voluntary scheme for demonstrating compliance with the requirements set in Directive

(EU) 2018/2001 of the European Parliament and of the Council for biofuels, bioliquids,

biomass fuels, renewable liquid and gaseous fuels of non-biological origin and recycled

carbon fuels (OJ EU L 114, 12.4.2022, p. 194,

ELI: http://data.europa.eu/eli/dec_impl/2022/606/oj)

15.

32022 D 607: Commission Implementing Decision (EU) 2022/607 of 8 April 2022 on the

recognition of the "Roundtable on Sustainable Biomaterials (RSB) EU RED" voluntary

scheme for demonstrating compliance with the requirements set in Directive (EU) 2018/2001

of the European Parliament and of the Council for biofuels, bioliquids, biomass fuels,

renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels

(OJ EU L 114, 12.4.2022, p. 197, ELI: http://data.europa.eu/eli/dec_impl/2022/607/oj)

& /en 13

kom (2025) 0308 - Ingen titel

16.

32022 D 608: Commission Implementing Decision (EU) 2022/608 of 8 April 2022 on the

recognition of the "Scottish Quality Crops Farm Assurance Scheme (SQC)" for demonstrating

compliance with the requirements set in Directive (EU) 2018/2001 of the European

Parliament and of the Council for biofuels, bioliquids, biomass fuels, renewable liquid and

gaseous fuels of non-biological origin and recycled carbon fuels (OJ EU L 114, 12.4.2022, p.

200, ELI: http://data.europa.eu/eli/dec_impl/2022/608/oj)

17.

32022 D 609: Commission Implementing Decision (EU) 2022/609 of 8 April 2022 on the

recognition of the "SURE" voluntary scheme for demonstrating compliance with the

requirements set in Directive (EU) 2018/2001 of the European Parliament and of the Council

for biofuels, bioliquids, biomass fuels, renewable liquid and gaseous fuels of non-biological

origin and recycled carbon fuels (OJ EU L 114, 12.4.2022, p. 203,

ELI: http://data.europa.eu/eli/dec_impl/2022/609/oj)

18.

32022 D 610: Commission Implementing Decision (EU) 2022/610 of 8 April 2022 on the

recognition of the "Trade Assurance Scheme for Combinable Crops (TASCC)" for

demonstrating compliance with the requirements set in Directive (EU) 2018/2001 of the

European Parliament and of the Council for biofuels, bioliquids, biomass fuels, renewable

liquid and gaseous fuels of non-biological origin and recycled carbon fuels (OJ EU L 114,

12.4.2022, p. 206, ELI: http://data.europa.eu/eli/dec_impl/2022/610/oj)

19.

32022 D 611: Commission Implementing Decision (EU) 2022/611 of 8 April 2022 on the

recognition of the "Universal Feed Assurance Scheme (UFAS)" for demonstrating

compliance with the requirements set in Directive (EU) 2018/2001 of the European

Parliament and of the Council for biofuels, bioliquids, biomass fuels, renewable liquid and

gaseous fuels of non-biological origin and recycled carbon fuels (OJ EU L 114, 12.4.2022,

p. 209, ELI: http://data.europa.eu/eli/dec_impl/2022/611/oj)

& /en 14

kom (2025) 0308 - Ingen titel

20.

32022 D 2461: Commission Implementing Decision (EU) 2022/2461 of 14 December 2022

recognising the "KZR IniG" scheme for demonstrating compliance with the requirements set

out in Directive (EU) 2018/2001 of the European Parliament and of the Council as regards

biofuels, bioliquids, biomass fuels, renewable liquid and gaseous fuels of non-biological

origin and recycled carbon fuels and repealing Commission Implementing Decision

(EU) 2022/603 (OJ EU L 321, 15.12.2022, p. 38,

ELI: http://data.europa.eu/eli/dec_impl/2022/2461/oj)

21.

32022 D 1657: Commission Implementing Decision (EU) 2022/1657 of 26 September 2022

on the recognition of the Sustainable Biomass Program voluntary scheme for demonstrating

compliance with the requirements of Directive (EU) 2018/2001 of the European Parliament

and of the Council for biofuels, bioliquids, biomass fuels, renewable liquid and gaseous fuels

of non-biological origin and recycled carbon fuels (OJ EU L 249, 27.9.2022, p. 53,

ELI: http://data.europa.eu/eli/dec_impl/2022/1657/oj)

22.

32022 D 1656: Commission Implementing Decision (EU) 2022/1656 of 26 September 2022

on recognition of the Austrian agricultural certification scheme (AACS) for demonstrating

compliance with the requirements set in Directive (EU) 2018/2001 of the European

Parliament and of the Council for biofuels, bioliquids, biomass fuels, renewable liquid and

gaseous fuels of non-biological origin and recycled carbon fuels (OJ EU L 249, 27.9.2022, p.

50, ELI: http://data.europa.eu/eli/dec_impl/2022/1656/oj)

23.

32022 R 996: Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules

to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use

change-risk criteria (OJ EU L 168, 27.6.2022, p. 1,

ELI: http://data.europa.eu/eli/reg_impl/2022/996/oj)

& /en 15

kom (2025) 0308 - Ingen titel

24.

32022 D 1655: Commission Implementing Decision (EU) 2022/1655 of 26 September 2022

recognising the report including information on the typical greenhouse gas emissions from the

cultivation of soybean in Argentina under Article 31(3) and (4) of Directive (EU) 2018/2001

of the European Parliament and of the Council (OJ EU L 249, 27/09/2022, p. 47,

ELI: http://data.europa.eu/eli/dec_impl/2022/1655/oj)

25.

32024 D 861: Commission Implementing Decision (EU) 2024/861 of 15 March 2024 on the

recognition of the report including information on the typical greenhouse gas emissions from

the cultivation of canola oilseed (rapeseed) in Canada under Article 31(3) and (4) of Directive

(EU) 2018/2001 of the European Parliament and of the Council (OJ EU L, 2024/861,

19.3.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/861/oj)

26.

32023 D 1760: Commission Implementing Decision (EU) 2023/1760 of 11 September 2023

on the recognition of the report including information on the typical greenhouse gas emissions

from the cultivation of canola oilseed (rapeseed) in Australia under Article 31(3) and (4) of

Directive (EU) 2018/2001 of the European Parliament and of the Council (OJ EU L 224,

12.9.2023, p. 105, ELI: http://data.europa.eu/eli/dec_impl/2023/1760/oj)

________________

& /en 16

kom (2025) 0308 - Ingen titel

ANNEX VII

ANNEX ON THE APPLICATION OF ARTICLE 49 OF THIS AGREEMENT

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:

–

Agency for the Cooperation of Energy Regulators, as established by Regulation

(EU) 2019/942 of the European Parliament and of the Council of 5 June 2019

establishing a European Union Agency for the Cooperation of Energy Regulators

(OJ L 158, 14.6.2019, p. 22, as applicable according to Annex I of the Agreement),

taking into account the scope of this Agreement, for 85 % of the Union subsidy budget

line of the year in question;

& /en 1

kom (2025) 0308 - Ingen titel

(b)

information systems:

–

the Union database, as established by Directive (EU) 2018/2001 of the European

Parliament and of the Council of 11 December 2018 on the promotion of the use of

energy from renewable sources (OJ L 328, 21.12.2018, p. 82, as applicable according to

Annex VI of the Agreement);

(c)

other activities:

none.

ARTICLE 2

Terms of payment

Payments due pursuant to Article 49 of this Agreement 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.

& /en 2

kom (2025) 0308 - Ingen titel

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 49(7) of this Agreement; and

(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 this Agreement for each of the agencies, information systems and other activities

in which Switzerland participates.

& /en 3

kom (2025) 0308 - Ingen titel

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;

(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 the 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 this Agreement, the Commission shall issue a single

call for funds, within 90 days of the entry into force of this Agreement.

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.

& /en 4

kom (2025) 0308 - Ingen titel

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.

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

Transitional arrangements

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

apply by way of derogation from Article 2.

& /en 5

kom (2025) 0308 - Ingen titel

For the first year of implementation of the Agreement, 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 49 of the Agreement 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 Agreement until the

31 December of the year in question, and

(b)

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

________________

& /en 6

kom (2025) 0308 - Ingen titel

PROTOCOL

PROTOCOL 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 32(2) or 33(2) of this Agreement, the rules set out in this

Protocol 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.

& /en 1

kom (2025) 0308 - Ingen titel

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 Protocol 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.

& /en 2

kom (2025) 0308 - Ingen titel

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 is Article 32(2) or Article 33(2) of this Agreement and:

(i)

in the cases referred to in Article 32(2) of this Agreement, the question causing the

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

accordance with Article 32(1) of this Agreement; and

(ii)

in the cases referred to in Article 33(2) of this Agreement, the decision of the arbitral

tribunal, any implementation measures mentioned in Article 32(5) of this Agreement

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.

& /en 3

kom (2025) 0308 - Ingen titel

In the cases referred to in Article 32(3) of this Agreement, 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.

& /en 4

kom (2025) 0308 - Ingen titel

In the cases referred to in Article 32(3) of this Agreement, 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 Protocol 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 agent

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.

& /en 5

kom (2025) 0308 - Ingen titel

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.

& /en 6

kom (2025) 0308 - Ingen titel

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.

& /en 7

kom (2025) 0308 - Ingen titel

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.

& /en 8

kom (2025) 0308 - Ingen titel

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.

& /en 9

kom (2025) 0308 - Ingen titel

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.

& /en 10

kom (2025) 0308 - Ingen titel

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.

& /en 11

kom (2025) 0308 - Ingen titel

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.

& /en 12

kom (2025) 0308 - Ingen titel

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 32(3)

of this Agreement, 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.

& /en 13

kom (2025) 0308 - Ingen titel

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 Protocol. 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 32(3) of this Agreement, 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 Article 32(2) or

Article 33(2) of this Agreement.

In the cases referred to in Article 32(2) of this Agreement, 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 32(1) of this Agreement.

& /en 14

kom (2025) 0308 - Ingen titel

In the cases referred to in Article 33(2) of this Agreement, 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.

& /en 15

kom (2025) 0308 - Ingen titel

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 33(2) of this Agreement, 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 33(1) of this Agreement.

& /en 16

kom (2025) 0308 - Ingen titel

ARTICLE III.9

Referrals to the Court of Justice of the European Union

In application of Article 29 and Article 32(3) of this Agreement, 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 this Agreement at issue; and

& /en 17

kom (2025) 0308 - Ingen titel

(c)

the concept of Union law to be interpreted in accordance with Article 29(2) of this

Agreement.

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 33(2) of this Agreement, 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.

& /en 18

kom (2025) 0308 - Ingen titel

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.

& /en 19

kom (2025) 0308 - Ingen titel

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 33(2) of this Agreement 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.

& /en 20

kom (2025) 0308 - Ingen titel

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.

& /en 21

kom (2025) 0308 - Ingen titel

ARTICLE III.13

Default

If, within the time limit set by this Protocol 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 Protocol 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.

& /en 22

kom (2025) 0308 - Ingen titel

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.

& /en 23

kom (2025) 0308 - Ingen titel

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.

& /en 24

kom (2025) 0308 - Ingen titel

In the cases referred to in Article 32(2) of this Agreement, 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 32(5) of this Agreement taking account

of the parties' internal procedures.

ARTICLE IV.3

Applicable law, rules of interpretation, mediator

The applicable law consists of this 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 29 of this Agreement.

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 33(1)

shall be binding upon the arbitral tribunal.

The arbitral tribunal shall not be permitted to decide as mediator or

ex aequo et bono.

& /en 25

kom (2025) 0308 - Ingen titel

ARTICLE IV.4

Mutually agreed solution or other reasons for termination 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.

& /en 26

kom (2025) 0308 - Ingen titel

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.

& /en 27

kom (2025) 0308 - Ingen titel

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;

(b)

the travel and other expenses incurred by the arbitrators; and

& /en 28

kom (2025) 0308 - Ingen titel

(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.

& /en 29

kom (2025) 0308 - Ingen titel

CHAPTER V

FINAL PROVISIONS

ARTICLE V.1

Amendments

The Joint Committee may adopt, by decision, amendments to this Protocol.

& /en 30