COM(2025) 308 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

EN EN

EUROPEAN COMMISSION

Brussels, 13.6.2025

COM(2025) 308 final

ANNEX 10

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

& /en

PROTOCOL

BETWEEN THE EUROPEAN UNION

AND THE SWISS CONFEDERATION

ON PARLIAMENTARY COOPERATION

& /en 1

THE EUROPEAN UNION (hereinafter referred to as "Union"),

and

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

hereinafter referred to as the "Contracting Parties",

CONSIDERING the close mutual ties between them based on their proximity, shared values and

common European culture, as well as the fact that their economies are highly interlinked in terms of

trade and investments,

SHARING the objective of contributing to the smooth running and continued development of the

Union and Switzerland's comprehensive partnership to its full potential,

WELCOMING the conclusion in December 2024 of the negotiations on the broad bilateral package

for the stabilisation and development of their relations,

DESIRING to contribute to the reinforcement of cooperation between the European Parliament and

the Swiss Federal Assembly,

HAVE AGREED AS FOLLOWS:

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ARTICLE 1

A Joint Parliamentary Committee is hereby established. It shall contribute, through dialogue and

debate, to a better understanding between the Contracting Parties on the broad bilateral package and

the possible further development of their bilateral relations.

ARTICLE 2

The Joint Parliamentary Committee shall be composed, in equal numbers, of members of the

European Parliament and members of the Swiss Federal Assembly. The total number of members of

the Joint Parliamentary Committee shall be specified in its rules of procedure.

ARTICLE 3

The Joint Parliamentary Committee shall meet alternately in the Union and in Switzerland at least

once a year.

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ARTICLE 4

Upon its establishment, the Joint Parliamentary Committee:

(a) may request relevant information regarding the implementation of any agreement that forms

part of the broad bilateral package, as well as of any possible future bilateral agreement in

fields related to the internal market in which Switzerland participates, from the Contracting

Parties, which shall then supply that Committee with the requested information;

(b) shall be informed on a regular basis of the decisions and recommendations of the Joint

Committees established by any agreement that forms part of the broad bilateral package and

by any possible future bilateral agreement in fields related to the internal market in which

Switzerland participates; and

(c) may make recommendations to the Contracting Parties.

ARTICLE 5

The Joint Parliamentary Committee shall adopt its rules of procedure with a two-third majority of

the members of that Committee.

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ARTICLE 6

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

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

procedures necessary to the entry into force of this Protocol.

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

notification pursuant to paragraph 1.

ARTICLE 7

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

Each Contracting Party may terminate this Protocol at any time by notifying the other Contracting

Party in writing through diplomatic channels. Termination shall take effect three months after

receipt of such notification.

Done at [place], on [date], 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.

& /en 5

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

For the European Union

For the Swiss Confederation

EN EN

EUROPEAN COMMISSION

Brussels, 13.6.2025

COM(2025) 308 final

ANNEX 11

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

& /en 1

JOINT DECLARATION

BY THE EUROPEAN UNION AND THE SWISS CONFEDERATION

ON THE ESTABLISHMENT OF A HIGH-LEVEL DIALOGUE

ON THE BROAD BILATERAL PACKAGE

AND THE POSSIBLE FURTHER DEVELOPMENT

OF THE BILATERAL RELATIONS BETWEEN

THE EUROPEAN UNION AND SWITZERLAND

The European Union and the Swiss Confederation,

CONSIDERING the close mutual ties between them based on their proximity, shared values and

common European culture, as well as the fact that their economies are highly interlinked in terms of

trade and investments,

SHARING the objective of contributing to the smooth running and continued development of the

European Union and Switzerland's comprehensive partnership to its full potential,

RECALLING the Common Understanding of 27 October 2023, between representatives of the

Swiss Federal Council and the European Commission, and in particular paragraph 7 thereof,

WELCOMING the conclusion in December 2024 of the negotiations on the broad bilateral package

for the stabilisation and development of their relations,

declare that a high-level dialogue will be established, which:

– will be co-chaired by the Commissioner responsible for relations with Switzerland and the

Head of the Swiss Federal Department of Foreign Affairs;

& /en 2

– will aim to promote mutual understanding and cooperation on the negotiated broad bilateral

package and the possible further development of their bilateral relations;

– will discuss issues of mutual interest, in particular Switzerland's participation in the internal

market and possibilities to strengthen the partnership between Switzerland and the European

Union; and

– will regularly evaluate the implementation of the broad bilateral package, the work of the

Joint Committees and the possible further development of their bilateral relations.

The high-level dialogue will take place annually, alternately in Switzerland and in Brussels, to

review progress and discuss future cooperation. The first dialogue will take place within three

months after the entry into force of the broad bilateral package and the detailed modalities thereof

will be jointly defined on this occasion.

This Joint Declaration is without prejudice to the establishment of a political dialogue on matters of

foreign and security policy between the High Representative of the European Union for Foreign

Affairs and Security Policy and the Head of the Swiss Federal Department of Foreign Affairs,

which is dealt with separately.

Signed in [place], on [date], in duplicate in the English and French languages.

For the European Union

For the Swiss Confederation

EN EN

EUROPEAN COMMISSION

Brussels, 13.6.2025

COM(2025) 308 final

ANNEX 12

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

& /en 1

Declarations referred to in Articles 2(2) of the Council Decision on the conclusion,

on behalf of the Union, of a broad package of agreements to consolidate,

deepen and expand the bilateral relations with the Swiss Confederation

Joint Declarations accompanying the 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:

JOINT DECLARATION ON UNION CITIZENSHIP

The concept of Union citizenship as introduced by the Treaty of Maastricht (now Article 9 of the

Treaty on European Union and Article 20(1) of the Treaty on the Functioning of the European

Union) has no equivalent in the Agreement on the free movement of persons.

It follows that the integration of Directive 2004/38/EC into the Agreement, subject to the exceptions

set out in the Agreement, shall be without prejudice to the evaluation of the relevance for the

Agreement of future Union legislation as well as case law of the Court of Justice of the

European Union, prior or subsequent to the signature of the Agreement, based on the concept of

Union citizenship. That relevance shall be determined, in accordance with the Agreement on the

free movement of persons, including the provisions of the Institutional Protocol to the Agreement.

The Agreement does not provide a legal basis for political rights of nationals of the Member States

and Switzerland.

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JOINT DECLARATION

ON PREVENTING AND ACTING AGAINST ABUSE OF RIGHTS

CONFERRED BY DIRECTIVE 2004/38/EC

The Contracting Parties confirm the common objective of preventing and acting against abuse of

rights conferred by Directive 2004/38/EC1, in accordance with Article 35 of that Directive, notably

in relation to access to social assistance.

JOINT DECLARATION

ON REFUSING SOCIAL ASSISTANCE AND TERMINATING RESIDENCE

PRIOR TO THE ACQUISITION OF PERMANENT RESIDENCE

The Contracting Parties share the view that Union citizens and Swiss nationals should not become

an unreasonable burden on the social assistance systems of, respectively, Switzerland and the

Member States. For this reason, the Parties:

(i) may, during the first three months of residence, refuse access to social assistance to persons

who are not workers, self-employed persons, or persons who retain worker or self-employed

status and their family members without carrying out an individual assessment of the person's

situation;

(ii) may refuse to grant social assistance to economically inactive persons who do not comply

with the requirement to possess sufficient resources for themselves and the members of their

family;

1 Directive 2004/38/EC (OJ L 158, 30.4.2004, p. 77), as applicable according to Annex I to the

Agreement.

& /en 3

(iii) may, for first-time jobseekers and persons who do not retain worker or self-employed status,

refuse to grant social assistance without carrying out an individual assessment of the person's

situation.

In accordance with Article 14 and Article 15 of Directive 2004/38/EC1, Switzerland and the

Member States may expel persons who no longer satisfy the requirements for a right of residence,

such as persons who no longer retain worker or self-employed status and do not enjoy residence

rights based on other provisions of the Directive. To retain worker status, workers or self-employed

persons, other than those who are temporarily unable to work as a result of an illness or accident,

who have become involuntarily unemployed must register as jobseekers with the relevant

employment offices and fulfil the requirements to continue to be registered as jobseekers with the

public employment services, provided these requirements are not discriminatory. In this context, the

host State may take into account, on a case-by-case basis and by applying the same standard to its

own nationals, whether a jobseeker is genuinely cooperating in good faith with the relevant office

with a view to re-entering the job market. The objective of this cooperation is for the jobseeker to

find a job in a reasonable period of time.

This should be applied in accordance with the principle of proportionality.

1 Directive 2004/38/EC (OJ L 158, 30.4.2004, p. 77), as applicable according to Annex I to the

Agreement.

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JOINT DECLARATION

ON THE NOTIFICATION OF THE TAKING UP OF EMPLOYMENT

The Contracting Parties share the view that the dynamic alignment by Switzerland with legal acts of

the Union in the area of free movement of persons should be without prejudice to the application of

proportionate and non-discriminatory administrative obligations on employers to notify the

authorities of the taking up of employment, such as the Swiss notification procedure for

work-related short-term stays, intended to enable the relevant authorities to conduct efficient labour

market controls.

Any such administrative obligations should not affect the person's right of residence, including for

the purpose of acquiring permanent residence.

JOINT DECLARATION

ON THE CONVENTION OF THE RECOGNITION OF QUALIFICATIONS

The Contracting Parties note that all Member States and Switzerland are parties to the Convention

on the Recognition of Qualifications concerning Higher Education in the European Region and

confirm that they comply with it, as in force at the date of signature of the Amending Protocol, in

the implementation of the Agreement.

& /en 5

JOINT DECLARATION ON JOB VACANCIES

The Swiss dynamic alignment to the EURES acquis should not interfere with national legislation

implementing Article 121a of the Swiss Federal Constitution, which foresees an obligation for

Swiss employers to register vacancies of specific professions with above-average level of

unemployment with the regional employment centre (RAV) before the vacancies go public and are

transmitted to the EURES portal.

JOINT DECLARATION

ON COMMON OBJECTIVES REGARDING THE FREEDOM

TO PROVIDE SERVICES UP TO 90 WORKING DAYS

AND ENSURING POSTED WORKERS' RIGHTS

Switzerland and the Union share the common objective of granting their citizens as well as their

economic operators fair conditions for the freedom to provide services for up to 90 days of actual

work per calendar year (which includes the posting of workers) while fully ensuring the rights of

workers.

Switzerland and the Union share the view that proportionate and non-discriminatory controls are

necessary to ensure the freedom to provide services and the correct and effective application of the

rules protecting workers by preventing abuse and circumvention.

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JOINT DECLARATION

ON EFFECTIVE CONTROL SYSTEMS

INCLUDING SWITZERLAND'S DUAL ENFORCEMENT SYSTEM

The Contracting Parties declare that the control systems put in place by Switzerland and the

Member States should be suitable, effective and non-discriminatory. The competent enforcement

bodies under national law should carry out effective controls on their territory in order to ensure

compliance with the applicable rules and regulations. The responsibility for conducting effective

controls to ensure compliance with the applicable rules and regulations lies with the designated

authorities and other relevant monitoring and enforcement bodies under national law, which, as in

the case of Switzerland, can include social partners, in accordance with Switzerland's dual

enforcement system. This arrangement ensures that the control and sanction powers of these entities

are upheld and respected. Controls should be carried out in a proportionate and non-discriminatory

manner, taking into account that the Agreement limits the freedom to provide services to 90 days of

actual work per calendar year.

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JOINT DECLARATION ON THE PRINCIPLE

OF "EQUAL PAY FOR EQUAL WORK IN THE SAME PLACE"

AND ON A PROPORTIONATE AND ADEQUATE LEVEL

OF PROTECTION OF POSTED WORKERS

Considering their common objective of upholding the principle of "equal pay for equal work in the

same place" and that Switzerland has been applying this principle since the entry into force of the

Agreement on 1 June 2002 and has strengthened its implementation in recent years on the basis of

an objective risk analysis and the proportionality of controls, Switzerland and the Union both can

guarantee a proportionate and adequate level of protection. Their aim is to guarantee the freedom to

provide services while ensuring the fair and effective enforcement of regulations, thereby

preventing any instances of abuse or circumvention.

JOINT DECLARATION

ON THE PARTICIPATION OF SWITZERLAND

IN THE ACTIVITIES OF THE EUROPEAN LABOUR AUTHORITY

Switzerland should be able to continue participating in the meetings and deliberations of the

Management Board of the European Labour Authority as observer, without prejudice to working

arrangements the Authority could establish with Switzerland in line with Article 42 of Regulation

(EU) 2019/11491.

1 Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019

establishing a European Labour Authority, amending Regulations (EC) No 883/2004,

(EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344

(OJ L 186, 11.7.2019, p. 21), including any subsequent amendments.

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JOINT DECLARATION

ON THE DECLARATORY REGISTRATION SYSTEM

OF FRONTIER WORKERS

The Contracting Parties agree that, should Switzerland consider registering frontier workers for

declaratory purposes in accordance with Article 7a of the Agreement, it should address this with the

neighbouring Member States in the relevant bilateral fora. Such discussions should not result in any

differentiated treatment between frontier workers under the Agreement and are without prejudice to

the rights and obligations of the frontier workers under the Agreement.

JOINT DECLARATION

CONCERNING THE INCLUSIONS OF TWO EU LEGAL ACTS

IN ANNEX I TO THE AGREEMENT

The Contracting Parties share the view that Regulation (EU) 2024/27471 falls partly under the scope

of the Agreement. They agree that the Joint Committee shall take the measures necessary to ensure

the integration of this Regulation into Annex I to the Agreement immediately following the entry

into force of the Amending Protocol to the Agreement. The integration shall take into account the

Regulation's horizontal character and potential links to other bilateral agreements between the

Contracting Parties.

1 Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024

establishing a framework of measures related to an internal market emergency and to the

resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal

Market Emergency and Resilience Act) (OJ L, 2024/2747, 8.11.2024).

& /en 9

The Contracting Parties share the view that Directive (EU) 2024/28411 falls under the scope of the

Agreement. They agree that the Joint Committee shall take the measures necessary to ensure the

integration of this Directive into Annex I to the Agreement immediately following the entry into

force of the Amending Protocol to the Agreement.

JOINT DECLARATION

ACCOMPANYING THE STATE AID PROTOCOL

TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY

AND THE SWISS CONFEDERATION ON AIR TRANSPORT

If the European Commission grants financial support, in any form whatsoever, which is not subject

to State aid rules under this Protocol, and which distorts or threatens to distort competition by

favouring certain undertakings or the production of certain goods and affects trade between the

Contracting Parties within the scope of the Agreement, Switzerland may request consultations to

discuss the matter.

1 Directive 2024/2841 of the European Parliament and of the Council of 23 October 2024

establishing the European Disability Card and the European Parking Card for persons with

disabilities (OJ L, 2024/2841, 14.11.2024).

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JOINT DECLARATION

ACCOMPANYING THE AMENDING PROTOCOL

TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY

AND THE SWISS CONFEDERATION ON THE CARRIAGE OF GOODS

AND PASSENGERS BY RAIL AND ROAD

1. The Contracting Parties note that applicable EU law allows independent national capacity

allocation bodies to be competent to allocate train paths in a non-discriminatory manner.

The Contracting Parties note that in accordance with Directive 2012/34/EU of the

European Parliament and of the Council of 21 November 2012 establishing a single European

railway area (OJ L 343, 14.12.2012, p. 32), the traffic management remains within the

competence of national infrastructure managers.

2. The Contracting Parties note that, subject to the respective competition rules, applicable EU

law does not preclude international groupings from operating international services, including

international services that are partly composed of services which participate in the

interval-service timetable.

3. The Contracting Parties endeavour to prolong the transitory measures to maintain smooth rail

traffic between Switzerland and the European Union provided by Decision n°2/2019 of the

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

three-year intervals, subject to the respective decisions of the Joint Committee.

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JOINT DECLARATION

ACCOMPANYING THE 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

If the European Commission grants financial support, in any form whatsoever, which is not subject

to State aid rules under this Protocol, and which distorts or threatens to distort competition by

favouring certain undertakings or the production of certain goods and affects trade between the

Contracting Parties within the scope of the Agreement, Switzerland may request consultations to

discuss the matter.

JOINT DECLARATION

ACCOMPANYING THE AGREEMENT

BETWEEN THE EUROPEAN UNION

AND THE SWISS CONFEDERATION ON ELECTRICITY

If the European Commission grants financial support, in any form whatsoever, which is not subject

to State aid rules under this Agreement between the European Union and the Swiss Confederation

on Electricity and which distorts or threatens to distort competition by favouring certain

undertakings or the production of certain goods and affects trade between the Contracting Parties

within the scope of the Agreement, Switzerland may request consultations to discuss the matter.

& /en 12

Declarations referred to in Articles 2(3) of the Council Decision on the conclusion,

on behalf of the Union, of a broad package of agreements to consolidate,

deepen and expand the bilateral relations with the Swiss Confederation

DECLARATION BY SWITZERLAND

ON MEASURES TO BE TAKEN IN RESPECT OF SELF-EMPLOYED PERSONS

IN THE CONTEXT OF THE NOTIFICATION PROCEDURE

FOR WORK-RELATED SHORT-TERM STAYS

Switzerland declares that, in the light of the solutions on the posting of workers described in

Annex I to the Agreement and the Joint Declaration on the notification of the taking up of

employment, it will, if necessary, take measures to ensure that self-employed persons do not

circumvent these rules.

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Declaration accompanying the Agreement

between the European Union and the Swiss Confederation on health

DECLARATION

BY THE SWISS CONFEDERATION REGARDING

THE INCLUSION OF THE INSTITUTIONAL ELEMENTS BY ANALOGY

IN THE AGREEMENT ON HEALTH

The Swiss Confederation declares that the institutional elements common to the agreements in the

fields related to the internal market in which Switzerland participates are only included by analogy

in this Agreement, as this is necessary for the functioning of the cooperation set out therein. This

does not constitute a precedent as regards future agreements that are not in the fields related to the

internal market in which Switzerland participates.

________________

EN EN

EUROPEAN COMMISSION

Brussels, 13.6.2025

COM(2025) 308 final

2025/0163 (NLE)

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

EN 1 EN

EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The European Union and the Swiss Confederation (hereafter also referred to as

“Switzerland”) are closely intertwined from an economic, historical, cultural, social and

political perspective. The Union is Switzerland’s largest trading partner, while Switzerland is

the Union’s fourth largest trading partner. Over 1.5 million Union citizens live in Switzerland

and just under 450 000 Swiss nationals live in the Union. Every day several hundred thousand

frontier workers cross the EU-Swiss border in both directions.

The Union and Switzerland are tied together by multiple bilateral agreements. Through

agreements on the free movement of persons, land transport, air transport, trade in agricultural

products and mutual recognition in relation to conformity assessment, Switzerland takes part

in the Union’s internal market1. Through the Agreement between the European Union, the

European Community and the Swiss Confederation on the Swiss Confederation’s association

with the implementation, application and development of the Schengen acquis, Switzerland is

also a Schengen associated country. During the COVID-19 pandemic, cooperation between

the Union and Switzerland on cross-border health threats increased. Switzerland has also

traditionally been a strong partner in research and innovation. The country has collaborated

with the Union on numerous Union funding programmes focused notably on research,

innovation, and education.

While the EU-Switzerland relationship is close, it has also been hampered by several

longstanding structural problems. To solve those problems, between 2014 and 2021, the

Union and Switzerland conducted negotiations on an Institutional Framework Agreement.

The Institutional Framework Agreement would have also provided the governance framework

for additional agreements in fields related to the internal market in which Switzerland

participates, including agreements for which negotiations had been authorised by the Council,

notably on food safety (2003 and 2008) and electricity (2006). In addition, it would have

provided the governance framework for the agreement on health, for which negotiations had

been authorised by the Council in 2008.

Negotiators reached an agreement on a draft Institutional Framework Agreement text at

technical level in November 2018. In reaction to the Federal Council’s refusal to endorse the

draft text, negotiations on the other agreements came to a halt as both the Council, in its

conclusions of 19 February 2019, and the European Parliament, in its recommendation of

26 March 2019, made the conclusion of new internal market access agreements or improved

conditions under existing agreements conditional on the conclusion of the Institutional

Framework Agreement. On 26 May 2021, despite further attempts to find solutions, the Swiss

Federal Council decided to unilaterally terminate the negotiations on the Institutional

Framework Agreement. Switzerland’s unilateral decision brought the bilateral cooperation in

the areas of research, innovation and education to a temporary halt.

1 Agreement between the European Community and the Swiss Confederation on the Carriage of Goods

and Passengers by Rail and Road, Agreement between the European Community and the Swiss

Confederation Air Transport, Agreement between the European Community, of the one part, and the

Swiss Confederation, of the other, on the free movement of persons, Agreement between the European

Community and the Swiss Confederation on mutual recognition in relation to conformity assessment,

Agreement between the European Community and the Swiss Confederation on trade in agricultural

products, all signed on 21 June 1999 (OJ L 114, 30.4.2002, p. 1).

EN 2 EN

Following the breakdown of the negotiations on the Institutional Framework Agreement, the

European Commission and Switzerland initiated exploratory talks in March 2022 to discuss

the future of EU-Switzerland relations. These talks led to a Common Understanding that

recorded both sides’ political understanding on the way forward for a future negotiation and

identified the components and parameters of a broad negotiating package, as well as landing

zones and solutions on key institutional and sectoral points.

The Common Understanding was endorsed by the Swiss Federal Council and by the European

Commission in November 2023. Both sides committed to use it as a basis for seeking their

negotiating mandates and recorded their ambition of concluding the negotiations in the course

of 2024.

Consequently, on 20 December 2023, the Commission adopted a Recommendation for a

Council decision to authorise negotiations on the broad package of measures identified and

defined during the exploratory talks2. The overall objective of these negotiations was to

modernise and strengthen bilateral relations between the Union and Switzerland, ensure fair

competition between Union and Swiss companies operating within the internal market, and

safeguard the rights of Union citizens in Switzerland, including preventing discrimination

between citizens of different Member States. This would allow citizens, businesses, and

researchers on both sides to fully benefit from the geographical proximity, shared values, and

economic links between the Union and Switzerland. In parallel, the Federal Council

undertook the corresponding preparatory work on the Swiss side. Following the completion of

the relevant processes in Switzerland, the Council adopted a decision on 12 March 2024,

authorising the Commission to launch negotiations on the broad package of measures, along

with detailed negotiating directives3.

The negotiations on the broad package were launched on 18 March 2024 by the President of

the European Commission, Ursula von der Leyen, and the then President of the Swiss

Confederation, Viola Amherd. The Commission conducted the negotiations in consultation

with the Council, including the General Affairs Council and the EFTA Working Party as the

special committee appointed by the Council for the purpose of negotiations with Switzerland.

Due regard has been given to the resolution of the European Parliament of 4 October 2023

and the Commission kept the European Parliament fully informed in accordance with

Article 218(10) of the Treaty on the Functioning of the European Union (TFEU).

After nine months of intense negotiations, Presidents von der Leyen and Amherd announced

the successful completion of discussions on all elements of the broad package on

20 December 2024. The broad package includes the update of five agreements that presently

give Switzerland access to the Union’s internal market; the update of the dispute settlement

mechanism in the Agreement on trade in agricultural products, along the lines of the

established practice in the Union’s and Switzerland’s trade agreements with other partners; a

new protocol on food safety that will establish a Common Food Safety Area covering all

dimensions of the food chain and replacing the sanitary and phytosanitary annexes to the

Agreement on trade in agricultural products; a new agreement on electricity that will allow

the participation of Switzerland in the Union’s internal electricity market; a new agreement on

health that will allow Switzerland to take part in Union mechanisms and bodies addressing

2 COM(2023) 798 final, 20.12.2023. 3 Council Decision (EU, Euratom) 2024/995 of 12 March 2024 authorising the opening of negotiations

with the Swiss Confederation on institutional provisions in agreements between the European Union

and the Swiss Confederation related to the internal market, on an agreement on the Swiss

Confederation’s participation in Union programmes and on an agreement that forms the basis for the

Swiss Confederation’s permanent contribution to the Union’s cohesion (OJ L, 2024/995, 26.3.2024).

EN 3 EN

serious cross-border threats to health, notably the European Centre for Disease Prevention and

Control and the Early Warning and Response System; a new agreement on Switzerland’s

permanent and fair financial contribution to economic and social cohesion within the Union,

reflecting the level of partnership and cooperation between the parties; and a new agreement

that will allow Switzerland to participate in several Union programmes open to association of

third countries: Horizon Europe, Euratom Research and Training, ITER/F4E (Fusion for

Energy), Digital Europe, Erasmus+, as well as EU4Health, a programme that aims to

complement the cooperation established in the health agreement that the two partners

negotiated as part of the same broad package. In addition to the elements listed above, the

broad package also includes a separate protocol on parliamentary cooperation.

This proposal concerns the signature, on behalf of the European Union, of the following

agreements and instruments within the broad package:

– 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;

– 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;

– Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

– Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

– State aid Protocol to the Agreement between the European Community and the Swiss

Confederation on air transport

– Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road;

– Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road;

– 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;

– Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

– Institutional protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

– Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products;

– Protocol to the Agreement between the European Community and the Swiss

Confederation on trade in agricultural products establishing a Common Food Safety

Area;

– Agreement between the European Union and the Swiss Confederation on electricity;

– Agreement between the European Union and the Swiss Confederation on health;

– Agreement between the European Union and the Swiss Confederation on

Switzerland’s regular financial contribution towards reducing economic and social

disparities in the European Union;

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– 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;

– Protocol between the European Union and the Swiss Confederation on parliamentary

cooperation.

This proposal also concerns the provisional application of the agreement on Switzerland’s

participation in the European Union Agency for the Space Programme as that agreement

foresees its provisional application as from 1 January 2026 or 1 January of the year following

its signature, depending on whether or not that signature takes place before 1 July 2026.

The abovementioned agreements and protocols are accompanied by a Joint Declaration by the

European Union and the Swiss Confederation on the establishment of a high-level dialogue on

the broad bilateral package and the possible further development of the bilateral relations

between the European Union and Switzerland, which should be approved and signed on

behalf of the Union.

While the agreement on Switzerland’s participation in Union programmes forms an integral

part of the broader package negotiated between the two partners in 2024, the Commission

decided to expedite the proposal for its signature with the aim of starting its provisional

application from 1 January 2025. The Commission made separate proposals to that effect4.

The proposed approach will allow to give effect to the transitional arrangements that the

Commission granted to Switzerland during the negotiations of the broad package. At the same

time, it does not affect the broad package approach established by the Common

Understanding and confirmed by the Council mandate.

The agreement on Switzerland’s participation in Union programmes includes a sunset clause,

which provides that the provisional application of that agreement will cease if Switzerland

does not complete its procedures necessary for the entry into force of the package by the end

of 2028. The Commission proposal on the signing of the agreement on Switzerland’s

participation in Union programmes therefore provides that it will be concluded as part of the

broad package of agreements that were the subject of the negotiations conducted in 2024.

• Consistency with existing policy provisions in the policy area

The introduction of institutional provisions will ensure a more consistent and uniform

application of the Union acquis in the parts of the internal market in which Switzerland

participates or in policy areas in which Switzerland has committed to dynamic alignment, to

the principle of uniform interpretation and application, and to dispute settlement with a role

for the Court of Justice of the European Union for matters of Union law. The principles of

non-discrimination of Union citizens and a level playing field between Union and Swiss

companies is at the heart of the various agreements.

• Consistency with other Union policies

The broad package of the EU-Switzerland agreements fully respects the Treaties and

preserves the integrity and the autonomy of the Union legal order. It promotes the values,

objectives and interests of the Union, and ensures consistency, effectiveness and continuity of

its policies and actions.

4 COM(2025) 159 final and COM(2025) 160 final, 9.4.2025.

EN 5 EN

The institutional and substantive changes to the existing agreements, as well as, where

relevant, the introduction of State aid rules, and the new agreements will help achieve the

Union’s policy objectives in the following policy areas:

– internal market,

– competition,

– employment and social affairs,

– free movement of persons,

– transport,

– agriculture,

– food safety and quality,

– animals and animal products,

– plants and plant products,

– consumer protection,

– energy,

– health,

– trade.

In addition, the agreement associating Switzerland to Union programmes and the agreement

on Switzerland’s participation in the European Union Agency for the Space Programme will

contribute to furthering the Union’s policy objectives in the following policy areas:

– education and training,

– research and innovation,

– digital economy and society,

– health,

– space.

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 will contribute to the achievement of the Union’s policy objectives in

relation to its economic and social cohesion.

By ensuring that Switzerland makes an adequate financial contribution to the management

and operation of the agencies and bodies in which it participates, and the information systems

to which it has access, the Union’s financial interests will be protected.

The forum for cooperation and dialogue between members of the European Parliament and

the Swiss Federal Assembly established by a dedicated protocol is in line with the practice in

association and strategic partnership agreements the Union concludes with third countries.

While several agreements and protocols covered by this proposal rely on the technical and

digital systems for their implementation, the proposal does not introduce any requirements

mandating changes with respect to the use or architecture of these systems. The “digital by

default” principle remains unaffected by the proposal.

EN 6 EN

2. LEGAL BASIS

Together, the agreements and protocols that are the subject of the proposed decision are

intrinsically linked and constitute a coherent whole and lay down the architecture of a

reinforced and comprehensive partnership in a broad range of areas covered by the Treaties,

based on an appropriate balance of rights and obligations. Hence, the appropriate substantive

legal basis for the proposed Council Decision on the signing of the aforementioned

agreements and protocols is Article 217 TFEU. The procedural legal basis is Article 218(5)

TFEU, read in conjunction with the second subparagraph of Article 218(8) TFEU. Thus, the

legal basis for the proposed Council Decision is Article 217 TFEU, read in conjunction with

Article 218(5) TFEU and the second subparagraph of Article 218(8) TFEU.

The Commission considers that the Union has competence in all areas covered by the

agreements and protocols which are the subject of this proposal and that therefore the

agreements and protocols should be signed by the Union alone.

3. BUDGETARY IMPLICATIONS

In the agreements in fields related to the internal market in which Switzerland participates, the

agreement on health and the agreement on the European Union Agency for the Space

Programme, Switzerland has agreed to make financial contributions to the Union budget for

the management and operation of the agencies and bodies in which it participates, and the

information systems to which it has access, taking into account the scope of each agreement.

In most cases, the payment modalities are laid out in dedicated annexes, which follow the

same model. A set of standard provisions common to the agreements and protocols concerned

require that Switzerland pays an annual financial contribution due at the dates specified in the

calls for funds issued by the European Commission. This contribution will be composed of

the sum of an operational contribution and a participation fee.

Where other financing arrangements already exist for agencies or information systems, these

are maintained.

The specific financing arrangements for the agencies and information systems are described

in the section that details the provisions of the agreements. The Legislative Financial

Statement presented with this proposal illustrates the future budgetary implications of these

arrangements and their payment modalities.

4. OTHER ELEMENTS

• Implementation by bodies established under the agreements and protocols

The package of agreements bound together by similar institutional provisions and/or other

interlinkages. All agreements covered by the broad package include Joint Committees

consisting of representatives of the Union and Switzerland, which largely follow the same

model. All agreements in fields related to the internal market, the agreement on trade in

agricultural products, the agreement on health and the agreement on Switzerland’s regular

financial contribution to the Union’s social and economic cohesion allow for the possibility to

set up working groups. Several agreements contain dispute settlement mechanisms, based on

the same model, which ensures that breaches of obligations by one of the Parties under the

agreement concerned or across the package of agreements can be addressed. Finally, the

protocol on parliamentary cooperation sets up a Joint Parliamentary Committee composed of

representatives of the European Parliament and of the Swiss Federal Assembly.

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• Detailed explanation of the specific provisions of the proposal

Composition of the broad package and nature of the agreements and protocols

The broad package consists of several agreements and protocols that have different purposes

and setups, even if they share common elements. The package notably includes agreements

and a protocol in fields related to the internal market in which Switzerland participates, an

agreement on trade in agricultural products, cooperation agreements, and protocol on

parliamentary cooperation. Several of these agreements and protocols are accompanied by

joint declarations. The package is completed by a joint declaration on the establishment of a

high-level dialogue between the Union and Switzerland.

Agreements in fields related to the internal market in which Switzerland participates

As a result of institutional changes, four out of five existing agreements will be considered as

agreements in fields related to the internal market in which Switzerland participates, which

has notably implications as regards their interconnection. A new agreement and a new

protocol will also have this status.

Existing agreements that will be considered as agreements in fields related to the internal

market

– 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

(hereinafter “Free movement of persons agreement”),

– Agreement between the European Community and the Swiss Confederation on air

transport (hereinafter “Air transport agreement”),

– Agreement between the Swiss Confederation and the European Community on the

Carriage of Goods and Passengers by Rail and Road (hereinafter "“Land transport

agreement”),

– Agreement between the Swiss Confederation and the European Community on

mutual recognition in relation to conformity assessment (hereinafter “Mutual

recognition agreement”).

New agreement and protocol that will be considered as agreements in fields related to the

internal market

– Agreement between the European Union and the Swiss Confederation on electricity

(hereinafter “Electricity agreement”),

– Protocol to the Agreement between the European Community and the Swiss

Confederation on trade in agricultural products establishing a Common Food Safety

Area (hereinafter “Protocol on the Common Food Safety Area”).

Agreement on trade in agricultural products

– Agreement between the European Community and the Swiss Confederation on trade

in agricultural products (hereinafter “Agreement on trade in agricultural products”).

The amended agreement will no longer be considered as an agreement in a field

related to the internal market in which Switzerland participates.

Cooperation agreements

Several agreements can be considered as cooperation agreements and thus they do not

constitute agreements in fields related to the internal market in which Switzerland

participates. Their setup and content differ depending on their purpose. These agreements are:

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– Agreement between the European Union and the Swiss Confederation on health

(hereinafter “Health agreement”),

– 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 (hereinafter “Agreement on cohesion”),

– 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 (hereinafter “Agreement on the Agency for

the Space Programme”),

– 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 (hereinafter

“Agreement on Union programmes”).

The Agreement on Union programmes will not be described in detail as its signing is the

subject of separate proposals5.

Protocol on parliamentary cooperation

The Protocol between the European Union and the Swiss Confederation on parliamentary

cooperation (hereinafter “Protocol on parliamentary cooperation”) provides a legal basis and

mechanisms for political cooperation between the European Parliament and the Swiss Federal

Assembly.

High-level dialogue

The “Joint Declaration by the European Union and the Swiss Confederation on the

establishment of a high-level dialogue on the broad bilateral package and the possible further

development of the bilateral relations between the European Union and Switzerland” will

provide a framework for political discussions between the European Commissioner and Swiss

Federal Councillor in charge of EU-Swiss relations. High-level dialogues are a common tool

the Union relies on to provide impulses to cooperation with third countries in a specific field.

Agreements in fields related to the internal market in which Switzerland participates

Institutional provisions

Identical institutional provisions have been included in all agreements in fields related to the

internal market in which Switzerland participates, subject to technically justified adaptations,

either as part of the new agreements or by means of institutional protocols. The Health

agreement applies the same institutional solutions by analogy. The institutional provisions

comprise the following elements:

(1) uniform interpretation and application: an obligation to interpret and apply the

agreements concerned uniformly within the internal market, and, to the extent that

they include concepts of Union law, in conformity with the case-law of the Court of

Justice of the European Union, both prior or subsequent to the signature of the

corresponding agreement;

5 COM(2025) 159 final and COM(2025) 160 final, 9.4.2025.

EN 9 EN

(2) dynamic alignment: an obligation, subject to limited exceptions, for the parties to

integrate into the agreements concerned all legal acts of the Union that fall under

their scope; due to its monist legal order, these acts shall become, by their integration

into the agreements, part of the Swiss legal order. In exchange, Switzerland will be

involved during the preparation of the acts to be integrated into the agreements

concerned, for instance Switzerland will participate in the corresponding committees

and groups of experts without the right to vote. For historical reasons, in the case of

the agreements on mutual recognition and on land transport, Switzerland is obliged

to adopt provisions of national law achieving the result to be attained by those acts;

(3) dispute settlement: an effective mechanism for the resolution of disputes based on

third-party arbitration; the arbitral tribunal is under an obligation to refer questions

regarding provisions of the agreements that involve concepts of Union law to the

Court of Justice of the European Union, whose opinions are legally binding on the

arbitral tribunal;

(4) interconnection between the agreements: the possibility for the parties to take

proportionate and effective compensatory measures as part of a procedure to settle

disputes in case where a party considers that the other party has not complied with a

decision of the arbitral tribunal; these compensatory measures can be taken in either

the agreement concerned or in any other agreement related to the internal market,

including the suspension in part or in full of such agreement or agreements.

State aid provisions

In addition, substantive and procedural rules, including surveillance and enforcement

mechanisms, equivalent to the ones applied within the Union are included in those agreements

in which a level playing for competition on the internal market needs to be ensured, notably

the agreements on air transport, land transport and electricity. Such State aid rules are spelled

out either in the main body of the agreement, as is the case for the Electricity agreement, or in

dedicated protocols, as is the case for the agreements on air transport and land transport. In

both cases, general and sectoral State aid rules that complement the above-mentioned

framework are spelled out in dedicated annexes.

Participation in agencies and information systems

Switzerland will gain additional access to agencies and/or information systems under the

following agreements in fields related to the internal market in which Switzerland participates: the

Free movement of persons agreement, the Mutual recognition agreement, the Protocol on the

Common Food Safety Area and the Electricity agreement. Switzerland will also gain additional

access to an agency and information systems under the Health agreement.

The above-mentioned standard provisions will apply to the financing arrangements linked to the

additional access to agencies and information systems Switzerland will gain via the broad

package. In principle, these standard provisions should apply to the financing arrangements

linked to any further access to agencies, bodies, information systems and other activities to

which Switzerland may gain in the future under agreements that are part of the package or

under further agreements the Union and Switzerland may conclude.

The operational contribution that will be part of Switzerland’s annual financial contribution will

be based on a contribution key defined as the ratio of the Gross Domestic Product (GDP) of

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Switzerland at market prices to the GDP of the Union at market prices6. The contribution key

will be applied to the annual Union voted budget inscribed on the relevant Union budget

subsidy line(s) of the year in question, subject, where appropriate, to adjustments that take

into account the scope of an agreement. The operational contribution for the information

systems and other activities will be calculated by applying the contribution key to the relevant

budget of the year in question as set out in documents implementing the budget (such as work

programmes or contracts). The annual participation fee will amount to 4% of the operational

contribution.

All reference amounts will be based on commitment appropriations.

The agreements that will grant Switzerland access to agencies also include an appendix on the

rights, privileges and immunities of those agencies and their staff, which follow a standard

model and reflect the provisions of Protocol (No 7) on the privileges and immunities of the

European Union.

Free movement of persons agreement

The updated Free movement of persons agreement will provide for dynamic alignment by

Switzerland on current and future Union legal acts in the area of free movement of persons

and the posting of workers.

The amending protocol to the Free movement of persons agreement makes changes to its

structure. In its current version, the agreement includes a significant number of substantive

provisions in its Annex I. That annex is replaced by a list of Union legal acts to which

Switzerland will dynamically align and that will cover, to a large extent, the substance of

those provisions.

The replacement of the substantive provisions of the agreement by the integration of the

Union acquis will be accompanied by a number of exceptions to dynamic alignment in the

following areas: prior notification period and controls, financial guarantees and sanctions on

service providers, proof of self-employment, acquisition of permanent residence, purchase of

immovable property, identity cards, expulsions and certain matters of cantonal law concerning

the coordination of social security schemes. Some of these exceptions are already included in

the existing agreement. The existing provision on the rights of students will be revised, so that

it is no longer possible for the Parties to discriminate against the other Party’s students as

regards tuition fees, as well as associated public support mechanisms, in universities

principally funded with public funds. The current level of access of Union students to those

universities in Switzerland will be guaranteed.

Moreover, a non-regression clause stipulates that Switzerland will not be obliged to integrate

new acquis regarding the posting of workers if its effect would be to meaningfully weaken or

reduce the level of protection of posted workers with regard to the terms and conditions of

employment.

Via a protocol attached to the updated agreement, the parties will take a commitment that

Union and Swiss rules on the granting of long-term residence permits are applied in a non-

6 The respective GDPs to be applied will be the latest available as of 1 January of the year in which the

annual payment is made as provided by Statistical Office of the European Union (EUROSTAT), with

due regard to the Agreement between the European Community and the Swiss Confederation on

cooperation in the field of statistics (OJ L 90, 28.3.2006, p. 2).

EN 11 EN

discriminatory manner, notably regarding the minimum duration of prior residence of five

years.

The existing safeguard clause will be adapted and aligned with the institutional protocol. It

can be activated in case of serious economic or social difficulties triggered by the application

of the agreement. If the parties cannot agree on an appropriate, agreed solution to remedy the

situation, the party alleging serious economic difficulties may bring the issue to the arbitral

tribunal. It will only be able to take safeguard measures if the arbitral tribunal considers that

the situation justifies them.

Several joint declarations accompanying the agreement clarify the parties’ joint understanding

of provisions concerning e.g. the prevention and action against the abuse of rights under the

free movement of persons acquis, notification procedures in the context of the taking up of

employment, or effective control systems, including Switzerland’s dual enforcement system

regarding the provision of services.

Under the agreement, Switzerland will have access and will financially contribute in

accordance with the standard financial modalities to the following information systems:

– the European network of Employment Services (EURES) as established by

Regulation (EU) 2016/5897,

– the Electronic Exchange of Social Security Information (EESSI) as established by

Regulation (EC) No 883/2004 and Regulation (EC) No 987/20098,

– the modules of the Internal Market Information system (IMI) as established by

Regulation (EU) 1024/20129 relating to the posting of workers, services, professional

qualifications, the European Professional Card, Regulated Professions and the Single

Digital Gateway.

Participation in the EURES platform will promote labour mobility, facilitate the exchange of

job vacancies and job seeker profiles and ensure a high-quality matching across languages and

national contexts, including through the use of the European Skills, Competences,

Qualifications and Occupations classification (ESCO).

The existing financing arrangements will continue to apply to Switzerland’s financial

contribution to the Mutual Information System on Social Protection (MISSOC), to which it

already has access.

7 Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a

European network of employment services (EURES), workers' access to mobility services and the

further integration of labour markets, and amending Regulations (EU) No 492/2011 and

(EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1). 8 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the

coordination of social security systems (OJ L 166, 30.4.2004, p. 1) and (EC) No 987/2009 of the

European Parliament and of the Council of 16 September 2009 laying down the procedure for

implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284,

30.10.2009, p. 1). 9 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on

administrative cooperation through the Internal Market Information System and repealing

Commission Decision 2008/49/EC (OJ L 316, 14.11.2012, p. 1).

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Air transport agreement

The updated Air transport agreement will provide for dynamic alignment by Switzerland on

current and future Union legal acts in the area of air transport.

The amending protocol to the Air transport agreement does not change the agreement’s

objectives and makes limited changes to the main text and the annex to the agreement. Most

notable is the mutual exchange of cabotage rights (enabling the respective airlines to fly

between two points in a Member State’s or Switzerland’s territory) between the Parties.

No additional access to information systems is foreseen. The existing financial modalities

regarding Switzerland’s participation in the European Union Aviation Safety Agency

(EASA), as established by Regulation (EU) 2018/113910, will continue to apply. The existing

arrangements regarding the rights, privileges and immunities of EASA and its staff will be

replaced by the above-mentioned model.

A protocol on State aid is attached to the agreement and will be accompanied by a joint

declaration.

Land transport agreement

Under the updated Land transport agreement, as in its original version, Switzerland will be

obliged to adopt provisions of national law achieving the result to be attained by the Union

legal acts listed in the annex to the agreement.

The updated agreement will clarify that railway undertakings may operate international

passenger rail services between the Union and Switzerland, including international cabotage,

under their own responsibility. The amending protocol will integrate relevant Union acquis

into the agreement guaranteeing the right to operate international rail freight services in the

Union and Switzerland.

Switzerland will benefit from certain exceptions. For example, Switzerland will be able to

give priority to rail services which are part of the Swiss interval-service timetable. Inversely,

the Union or its Member States may give priority on their territories to Union companies

operating passenger rail services over a Swiss international passenger rail service that

operates a part of the international service under the Swiss interval-service timetable.

Switzerland will also have the right to adopt capacity management instruments providing for a

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

regional and long-distance passenger traffic that may also serve an international purpose. It

will also have the possibility to oblige passenger transport companies to participate in the

Swiss ticketing and price integration system, while guaranteeing pricing freedom to the

companies. Swiss competent authorities will also be able to directly award public service

contracts in rail transport, subject to specific conditions guaranteeing that the Union’s internal

market for the Union’s territory is not affected.

10 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common

rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and

amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014

and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and

repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the

Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).

EN 13 EN

While being covered by an exception to dynamic alignment, the existing Swiss system of

charges for heavy goods vehicles will be brought closer to the Union’s charging system.

Switzerland shall interact with the European Union Agency for Railways as established by

Regulation (EU) 2016/79611 as a third country. In line with the applicable Union legislation,

and following their approval by its Management Board, the agency shall agree on

arrangements with the relevant Swiss authorities detailing the nature and extent of the latter’s

participation in the agency’s work.

No additional access to information systems is foreseen. The existing financial modalities will

continue to apply to Switzerland’s access to TACHOnet, as established by Regulation (EU)

No 165/2014 and Commission Implementing Regulation (EU) 2016/6812.

A protocol on State aid is attached to the agreement and will be accompanied by a joint

declaration. The amending protocol will also be accompanied by a joint declaration.

Mutual recognition agreement

Under the updated Mutual recognition agreement Switzerland will be obliged to adopt

provisions of national law achieving the result to be attained by the Union legal acts listed in

the annex to the agreement. Should the scope of the agreement be extended in the future, the

additional areas will also be subject to the same approach.

The amending protocol to the Mutual recognition agreement only makes limited changes to

the main text and the annex to the agreement to better define the agreement’s purpose and

scope, the applicable procedures and the role of the parties’ authorities and economic

operators, as well as cooperation between the parties.

In all areas covered by the agreement’s Annex 1, Switzerland will be obliged to adopt

legislation to attain the same result as the Union acquis listed in that annex. The relevant

provisions under Swiss law will no longer be listed in the annex. The sole exception to this

rule concerns Chapter 11 of Annex 1, where provisions of Swiss law will continue to be

listed. This reflects an agreed exception with respect to Directive 2007/45/EC13.

In certain areas, Switzerland’s access to decision-shaping will be limited. As a rule, it will not

have access to relevant expert groups and comitology committees dealing with medicinal

products. Nor shall it have access to the European Medicines Agency. In the area of medical

devices, Switzerland’s role in committees and expert groups will be limited to one of

observer.

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

European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138,

26.5.2016, p. 1). 12 Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on

tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment

in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the

Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014,

p. 1) and Commission Implementing Regulation (EU) 2016/68 of 21 January 2016 on common

procedures and specifications necessary for the interconnection of electronic registers of driver cards

(OJ L 15, 22.1.2016, p. 51), as amended by Commission Implementing Regulation (EU) 2017/1503 of

25 August 2017 (OJ L 221, 26.8.2017, p. 10). 13 Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down

rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and

80/232/EEC, and amending Council Directive 76/211/EEC (OJ L 247, 21.9.2007, p. 17).

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Under the updated agreement Switzerland will have access and will contribute financially to

the EudraGMDP information system on the Community code relating to medicinal products

for human use, as established by Directive 2004/27/EC14.

Electricity agreement

The Electricity agreement will provide for dynamic alignment by Switzerland on current and

future Union legal acts in the area of electricity.

The purpose of the Electricity agreement is to allow Switzerland’s access to the Union’s

internal electricity market. It aims e.g. to foster cross-border electricity trade; to guarantee the

integrity and transparency of the electricity market as well as the equal treatment of all market

participants therein; to ensure the stability of electricity networks and security of supply; as

well as to promote electricity produced from renewable energy sources. The agreement

defines the rules and concepts applicable to the internal electricity markets as well as the roles

and responsibilities of actors such as transmission system and distribution system operators. It

also foresees a transitional arrangement for pre-existing long-term capacity reservations on

interconnectors at the Swiss border, which are not compatible with the acquis.

With regard to environmental protection in the electricity sector, Switzerland is obliged to

adopt or maintain provisions of Swiss law laying down requirements that ensure at least the

same level of protection as laid down in the relevant acquis. Such provisions may not

constitute an obstacle to the free access to the Swiss market of goods and services from the

Union that comply with the requirements laid down in the relevant acquis. An exception to

the obligation of dynamic alignment is foreseen that allows Switzerland to take necessary,

proportionate and non-distorting measures to ensure security of electricity supply, by

establishing and having in place electricity reserves, to the extent they are compatible with the

agreement.

Under the agreement, Switzerland will be able to participate in and will have to contribute to

the financing of the European Union Agency for the Cooperation of Electricity Regulators

(ACER), as established by Regulation (EU) 2019/94215. The agreement includes a standard

appendix on the rights, privileges and immunities of ACER and its staff. Switzerland will also

have access and will financially contribute, in accordance with the standard financial

modalities, to the Union Database, as established by Directive (EU) 2018/2001, on the

promotion of the use of energy from renewable sources16.

The agreement includes provisions on State aid and will be accompanied by a joint

declaration.

14 Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending

Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ L 136,

30.4.2004, p. 34). 15 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). 16 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).

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Protocol on the Common Food Safety Area

The Protocol on the Common Food Safety Area will provide for dynamic alignment and

simultaneous application by Switzerland across the entire Union acquis linked to the food

chain.

The current SPS-related annexes to the existing Agreement on trade in agricultural products

will be removed from the Agreement on trade in agricultural products and their subject matter

will be dealt with in the Protocol on the Common Food Safety Area. It is from those annexes

that the Agreement on trade in agricultural products in its current form derives its present

qualification as an agreement in a field related to the internal market in which Switzerland

participates.

The Protocol on the Common Food Safety Area which supplements the Agreement on trade in

agricultural products will remain linked to the Agreement on trade in agricultural products in

that if either the agreement or protocol is ended, the other instrument will be automatically

ended as well.

The protocol establishes a Common Food Safety Area that covers all dimensions of the food

chain. Its objectives are e.g. to enhance food and feed safety, to ensure a high level of human,

animal and plant health, to combat antimicrobial resistance, and to enhance animal protection

and promote high standards of animal welfare.

In addition to dynamic alignment with regard to all legal acts in the Union acquis related to

the entire food chain, the Protocol on the Common Food Safety Area includes an obligation for

Switzerland to temporarily apply any non-legislative acts based on the applicable secondary

legislation from the date such non-legislative acts become applicable in the Union, and until

the date of the Joint Committee’s decision on the act’s incorporation, in order to guarantee

their simultaneous application across the entire Common Food Safety Area.

Exceptions to the obligation of dynamic alignment will allow Switzerland, under certain

conditions, to maintain provisions of national law regarding genetically modified organisms

and animal welfare. In addition, Switzerland will also be able to maintain its measures

regarding the import of bovine meat from cattle potentially treated with hormonal growth

promoters, provided such bovine meat is not moved into the Union.

It will be possible to take compensatory measures in case of non-compliance by a party with

the decision of an arbitral tribunal in either the Protocol on the Common Food Safety Area or

any other agreement in a field related to the internal market in which Switzerland participates,

or the Agreement on trade in agricultural products.

To allow Switzerland to prepare the change from the current system based on equivalence to a

system based on the principle according to which the Union acquis itself applies

simultaneously in its territory, the Protocol on the Common Food Safety Area foresees that the

current SPS-related annexes to the Agreement on trade in agricultural products will continue

to have legal effects for a transitional period of maximum 24 months. After expiry of that

period, all provisions of the Protocol on the Common Food Safety Area will fully apply.

EN 16 EN

The protocol foresees Switzerland’s access to the European Food Safety Authority (EFSA), as

established by Regulation (EC) No 178/200217, and includes the standard appendix on its

rights, privileges and immunities as well as those of its staff. The protocol also foresees a

financial contribution of Switzerland in accordance with the above-mentioned standard

financial modalities to the financing of EFSA as well as the following information systems:

– the EUROPHYT Portal, as established by Commission Directive 94/3/EC18,

– the Rapid Alert System for Food and Feed (RASFF), as established by

Regulation (EC) No 178/200219,

– the platform for sanitary and phytosanitary certification (TRACES), as established by

Regulation (EU) 2017/62520, and

– the Animal Diseases Information System (ADIS), as established by

Regulation (EU) 2020/200221.

Agreement on trade in agricultural products

Once amendments to the Agreement on trade in agricultural products introduced by the

specific amending protocol will enter into force, the agreement on trade in agricultural

products will no longer be considered as an agreement in a field related to the internal market

in which Switzerland participates.

After deletion of the SPS-related annexes to the Agreement on trade in agricultural products,

the scope of the amended agreement, including its remaining annexes will be limited to trade

aspects. Accordingly, the concepts of uniform interpretation and application of the Union

acquis, the role of the Court of Justice of the European Union, dynamic alignment and State

aid rules are not relevant. The institutional framework foreseen in this agreement therefore

differs from the one in the Protocol on the Common Food Safety Area.

17 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying

down the general principles and requirements of food law, establishing the European Food Safety

Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 18 Commission Directive 94/3/EC of 21 January 1994 establishing a procedure for the notification of

interception of a consignment or a harmful organism from third countries and presenting an imminent

phytosanitary danger (OJ L 32, 5.2.1994, p. 37). 19 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying

down the general principles and requirements of food law, establishing the European Food Safety

Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 20 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official

controls and other official activities performed to ensure the application of food and feed law, rules on

animal health and welfare, plant health and plant protection products, amending

Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009,

(EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European

Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and

Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing

Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council,

Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and

97/78/EC and Council Decision 92/438/EEC (OJ L 95, 7.4.2017, p. 1). 21 Commission Implementing Regulation (EU) 2020/2002 of 7 December 2020 laying down rules for the

application of Regulation (EU) 2016/429 of the European Parliament and of the Council with regard to

Union notification and Union reporting of listed diseases, to formats and procedures for submission and

reporting of Union surveillance programmes and of eradication programmes and for application for

recognition of disease-free status, and to the computerised information system (OJ L 412, 8.12.2020,

p. 1).

EN 17 EN

The amending protocol will update the dispute settlement mechanism along the lines of the

established practice in the Union’s and Switzerland’s trade agreements. The applicable

dispute settlement procedure will be based on the one included in the agreements in fields of

the internal market in which Switzerland participates. The agreement also shares with them a

set of common provisions regarding the arbitral tribunal. No role is foreseen for the Court of

Justice of the European Union in dispute settlement. Compensatory measures in case of non-

compliance by a party with the decision of an arbitral tribunal can be taken in either the

Agreement on trade in agricultural products or the Protocol on the Common Food Safety Area,

but not in other agreements in fields related to the internal market in which Switzerland

participates.

Cooperation agreements in the areas of health, cohesion and space

Health agreement

The Health agreement aims at strengthening EU-Switzerland cooperation regarding serious

cross-border threats to health by integrating Switzerland in the relevant mechanisms and

bodies.

It does not constitute an agreement in a field related to the internal market in which

Switzerland participates. However, it applies the above-mentioned identical institutional

provisions by analogy and includes an obligation of dynamic alignment with the relevant

Union acquis.

The agreement shares with the agreements in fields related to the internal market in which

Switzerland participates a set of common provisions regarding the arbitral tribunal, including

a role for the Court of Justice of the European Union. In case of disputes, compensatory

measures to remedy a potential imbalance can be taken in either the Health agreement or the

health component (EU4Health) of the Agreement on Union programmes.

The agreement foresees Switzerland’s access and financial contribution in accordance with

the standard financial modalities to the European Centre for Disease Prevention and Control

(ECDC), as established by Regulation (EC) No 851/200422. It includes the standard appendix

on the rights, immunities and privileges of the ECDC and its staff.

In the case of the Early Warning and Response System (EWRS), as established by

Regulation (EU) 2022/237123, the Swiss financial contribution under the current Multiannual

Financial Framework (MFF) will be part of its contribution to the financing of the ECDC on

the one hand and the EU4Health programme on the other. If, under the next MFF, the EWRS

would be financed through different sources, the aforementioned modalities will apply to the

Switzerland’s contribution to the EWRS.

Agreement on cohesion

The Agreement on cohesion is not an agreement in a field related to the internal market in

which Switzerland participates.

22 Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004

establishing a European Centre for disease prevention and control (OJ L 142, 30.4.2004). 23 Regulation (EU) 2022/2371 of the European Parliament and of the Council of 23 November 2022 on

serious cross-border threats to health and repealing Decision No 1082/2013/EU (OJ L 314, 6.12.2022,

p. 26).

EN 18 EN

It establishes the basis for a regular financial contribution of Switzerland to the reduction of

economic and social disparities in the Union, in complement to the Union and Member State

measures in the area of cohesion.

The agreement lays down the parameters and rules for the determination of Switzerland’s

financial contribution. Contribution periods will be defined in function of the applicable

multiannual financial framework of the Union. The first contribution period is foreseen to run

from 1 January 2030 to 31 December 2036. It will be complemented by a one-time additional

financial commitment covering the period between the end of 2024 and the end of 2029.

At the beginning of every contribution period, the parties will have to conclude a

Memorandum of Understanding (MoU) describing the thematic areas in which the Swiss

financial contribution may be used during that period, e.g.: inclusive human and social

development, sustainable and inclusive economic development, green transition, democracy

and participation, or migration.

The MoU should also spell out the amount of the financial contribution, determined on the

basis of the rules set out in the agreement. Switzerland’s financial contribution will not be

transferred to the Union budget.

The MoU will form the basis for country-specific implementation agreements between

Switzerland and beneficiary Member States. These agreements will specify the country-

specific allocation of funds, as well as their distribution between thematic areas, support

measures, the structures for management and control and applicable conditions, and

competent authorities in the Member State in question.

The agreement’s dispute settlement mechanism has commonalities but also differences with

the one included in the agreements in fields related to the internal market in which

Switzerland participates. It notably shares with them a set of common provisions regarding

the arbitral tribunal. However, it does not foresee a role for the Court of Justice of the

European Union. In case of disputes, compensatory measures to remedy a potential imbalance

can be taken in either the Agreement on cohesion or any of the agreements listed in the

Agreement on cohesion.

Agreement on the Agency for the Space Programme

The Agreement on the Agency for the Space Programme is not an agreement in a field related

to the internal market in which Switzerland participates. It spells out the conditions under

which Switzerland has a right to participate in the European Union Agency for the Space

Programme (EUSPA), as established by Regulation (EU) 2021/69624. It is based on the EU-

Switzerland agreement of 2014 on the European Satellite Navigation Programmes25. The

Agreement on the Agency for the Space Programme foresees that the Parties will

provisionally apply it following its signature.

24 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing

the Union Space Programme and the European Union Agency for the Space Programme and repealing

Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision

No 541/2014/EU (OJ L 170, 12.5.2021, p. 69). 25 Cooperation Agreement between the European Union and its Member States, of the one part, and the

Swiss Confederation, of the other, on the European Satellite Navigation Programmes (OJ L 15,

20.01.2014, p. 3).

EN 19 EN

The agreement establishes the Swiss financial contribution to the EUSPA, using the same

contribution key to calculate the operation and participation fees as the one established in the

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

2028. Depending on the date as of when the agreement will be provisionally applied, the

percentage of the operational fee on the basis of which the participation fees will be calculated

will be 2% and 3% for 2026 and 2027 respectively. As of 2028, the percentage will be the

same as the one used in other agreements that foresee the participation of Switzerland in

agencies, i.e. 4%.

The agreement also allows Switzerland’s participation in activities related to other

components of the space programme, beyond Galileo and the European Geostationary

Navigation Overlay Service (EGNOS) as established in the 2014 agreement, if a protocol to

the Agreement on Union programmes so provides.

The agreement includes the standard appendix regarding EUSPA’s rights, immunities and

privileges and those of its staff.

Protocol on parliamentary cooperation

The Protocol on parliamentary cooperation establishes a Joint Parliamentary Committee as

forum for dialogue and debate between members of the European Parliament and the Swiss

Federal Assembly. Its aim is to further the mutual understanding of and reflection on the

broad EU-Switzerland relationship, including its possible further development. The Joint

Parliamentary Committee shall be informed on a regular basis of the decisions and

recommendations of the Joint Committees established by any of the agreements that form part

of the broad package. It may request any relevant information regarding the implementation

of any agreement within the broad package and may make recommendations to the Parties.

Joint declaration on the establishment of a high-level dialogue between the Union and

Switzerland

The aims of the high-level dialogue to be established are:

– to promote the mutual understanding and cooperation on the negotiated broad

bilateral package and the possible further development of their bilateral relations;

– to discuss issues of mutual interest, in particular Switzerland’s participation in the

internal market and possibilities to strengthen their partnership; and

– to evaluate the implementation of the broad bilateral package, the work of the Joint

Committees and the possible further development of their bilateral relations.

Signing and texts of the agreements

The texts of the agreements and protocols are submitted to the Council together with this

proposal. The texts of the joint declarations accompanying various agreements or protocols

are submitted together with this proposal, together with a joint declaration on the

establishment of a high-level dialogue between the Union and Switzerland and two unilateral

declarations by Switzerland with regard to respectively the Free movement of persons

agreement and the Health agreement.

In accordance with the Treaties, it is for the Commission to ensure the signing of the

agreements and protocols, subject to their conclusion at a later date. In addition, the text of the

joint declaration on the high-level dialogue should be signed by the European Commission on

behalf of the Union.

EN 20 EN

Table 1: Overview of institutional and other provisions common to the agreements in fields related the internal market in which Switzerland

participates and the Health agreement

Provisions of the agreement Identical provisions on

General provisions – institutional objectives and/ or purpose of the agreement

– nature of the agreement and relation of protocols to the agreement (in case of an existing agreement)

Alignment of the agreement on

legal acts of the Union

– obligation for the Joint Committee to integrate new acts falling within the scope of the agreement into the agreement

– participation in the drafting of a legal act (“decision shaping”) and the integration of legal acts in the agreement

– fulfilment of constitutional obligations by Switzerland

Interpretation and application

of the agreement

– uniform interpretation, effective and harmonious application, and exclusivity principles

– procedure in the event of difficulty of interpretation or application, compensatory measures and cooperation between

jurisdictions

Other provisions – Joint Committee

– Switzerland’s financial contribution to the financing of the agencies and information systems to which it has access

– handling of information

– references in Union legal acts to: territories and nationals of Member States, entry into force and implementation of

legal acts, addressees, rights and obligations of Member States

Final provisions – entry into force and implementation

– modifications and termination

Annex on implementation of

Switzerland’s financial

contribution

– list of activities, bodies and information systems

– payment modalities

– transitional arrangements (where relevant)

Annex / appendix on the

arbitral tribunal

– registry and secretarial services of the arbitral tribunal

– initiation of dispute settlement

– composition of the arbitral tribunal

– arbitration proceedings

– decisions of the arbitral tribunal

EN 21 EN

Appendix on privileges and

immunities of agencies

– inviolability of premises, building and archives of the agency

– tax exemption of assets, revenues and goods and services for official use

– diplomatic status of correspondence and communications

– privileges, immunities, taxation and coverage social security of officials covered by the Staff Regulations

Table 2: Provisions on State aid common to the Electricity agreement and the State aid protocols to the Agreements on air transport and on land

transport

Part / chapter of the State aid

protocol or annexes

Identical provisions on

Main text – State aid-related objectives

– relation of the protocol to the existing agreement (in case of an existing agreement)

– State aid incompatible and compatible with the agreement, and existing aid

– surveillance, transparency, modalities of cooperation and consultations

– integration of legal acts

– ratification and entry into force, modifications and termination

Annex on exemptions and

clarifications

– measures compatible with the proper functioning of the internal market

Annex on general and sectoral

acts applicable in the Union

– general acts applicable to all sectors, complemented with sectoral rules specific to the area covered by the agreement in

question

EN 22 EN

2025/0163 (NLE)

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8)

thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 12 March 2024, the Council authorised the Commission to open negotiations with

the Swiss Confederation (hereafter also referred to as “Switzerland”) for a broad

package of measures related to bilateral relations with Switzerland, comprising of

institutional and State aid provisions in, and, where necessary, specific adaptations to,

agreements between the Union and Switzerland in fields related to the internal

market1, of an agreement on Switzerland’s participation in Union programmes and an

agreement that forms the basis for Switzerland’s permanent contribution towards

reducing economic and social disparities between regions2. The Council had also

authorised the Commission to open negotiations with Switzerland on new agreements

on electricity, health, food safety, the participation of Switzerland in the European

Union Agencies for the Union Space Programme and for Railways, and on the

amendment of the Agreement between the European Community and the Swiss

Confederation on air transport to allow for cabotage.

(2) The Commission has negotiated, on behalf of the Union, a broad package of

agreements which includes protocols on institutional, State aid and amending

provisions to existing agreements between the European Community and the Swiss

1 Agreement between the European Community and the Swiss Confederation on the Carriage of Goods

and Passengers by Rail and Road, Agreement between the European Community and the Swiss

Confederation Air Transport, Agreement between the European Community, of the one part, and the

Swiss Confederation, of the other, on the free movement of persons, Agreement between the European

Community and the Swiss Confederation on mutual recognition in relation to conformity assessment,

Agreement between the European Community and the Swiss Confederation on trade in agricultural

products, all signed on 21 June 1999 (OJ L 114, 30.4.2002, p. 1). 2 Council Decision (EU, Euratom) 2024/995 of 12 March 2024 authorising the opening of negotiations

with the Swiss Confederation on institutional provisions in agreements between the European Union

and the Swiss Confederation related to the internal market, on an agreement on the Swiss

Confederation’s participation in Union programmes and on an agreement that forms the basis for the

Swiss Confederation’s permanent contribution to the Union’s cohesion (OJ L, 2024/995, 26.3.2024).

EN 23 EN

Confederation in fields related to the internal market in which Switzerland

participates, a Protocol to the existing Agreement between the European Community

and the Swiss Confederation on trade in agricultural products establishing a Common

Food Safety Area, an Agreement between the European Union and the Swiss

Confederation on electricity, an Agreement between the European Union and the

Swiss Confederation on health, an 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, an 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, an 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, as well as a

Protocol between the European Union and the Swiss Confederation on parliamentary

cooperation.

(3) The institutional protocols lay down an obligation for the Joint Committee to integrate

all acts of Union law falling within the scope of the agreements as well as provisions

to ensure that Switzerland is bound by the rules in question. They ensure the uniform

interpretation and application of all agreements in fields related to the internal market

in which Switzerland participates and that, where the application of those agreements

involves concepts of Union law, these are interpreted and applied in accordance with

the case-law of the Court of Justice of the European Union. The institutional protocols

lay down an effective mechanism for the resolution of disputes based on arbitration,

including the referral to the Court of Justice of the European Union of all questions of

Union law arising from the case. In case of non-compliance with the decision of the

arbitral tribunal, proportionate compensatory measures may be adopted in the

agreement concerned or in any of the agreements in fields related to the internal

market in which Switzerland participates.

(4) The amending protocols to the existing agreements make the necessary substantive

changes consistent with the new institutional framework. In addition, the amending

protocol to the agreement on air transport provides for the mutual exchange of

cabotage rights.

(5) The State aid protocols to the existing agreements on air transport and land transport

guarantee a level playing field for Switzerland’s participation in the internal market in

the areas covered by those agreements. Switzerland will apply substantive and

procedural rules, including surveillance and enforcement mechanisms, equivalent to

those which apply within the Union.

(6) The amending protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products provides an update of the

agreement’s dispute settlement mechanism, along the lines of the established practice

in trade agreements of the Union.

(7) A separate protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products establishes a Common Food

Safety Area covering all dimensions of the food chain. This protocol includes the

institutional provisions which are common to all agreements in fields related to the

internal market in which Switzerland participates.

(8) The new Agreement between the European Union and the Swiss Confederation on

electricity lays down the rules and conditions under which Switzerland can participate

EN 24 EN

in the internal electricity market. The agreement includes the institutional provisions

which are common to all agreements in fields related to the internal market in which

Switzerland participates as well as rules on State aid which are almost identical to

those which apply in the areas of air and land transport.

(9) The new Agreement between the European Union and the Swiss Confederation on

health aims at strengthening cooperation between the Union and Switzerland regarding

serious cross-border threats to health and applies, by analogy, the institutional

provisions which are common to the agreements in the fields related to the internal

market in which Switzerland participates. This agreement is linked to Switzerland’s

participation in the Programme for the Union’s action in the field of health

(“EU4Health Programme”).

(10) The new 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 establishes the legal basis and lays down the

parameters for Switzerland’s regular financial contribution, within the framework of

the broad package, to the reduction of economic and social disparities in the Union.

The agreement includes a dispute settlement mechanism; in case of non-compliance

with an arbitral ruling, proportionate compensatory measures may be adopted in any

of the agreements to which the package relates.

(11) The new 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 lays down the conditions under which

Switzerland can participate in the work of the Agency.

(12) Identical provisions in the different institutional protocols and new agreements ensure

Switzerland’s financial contribution to the costs of the information systems and

Agencies in which it participates.

(13) The Protocol between the European Union and the Swiss Confederation on

parliamentary cooperation establishes a Joint Parliamentary Committee as forum for

dialogue and debate between members of the European Parliament and the Swiss

Federal Assembly, with a view to furthering the mutual understanding of and

reflection on the broad EU-Switzerland relationship, including its possible further

development.

(14) The agreements and protocols that are the subject of this decision constitute a coherent

whole and lay down the architecture of a reinforced and comprehensive partnership in

a broad range of areas covered by the Treaties, based on an appropriate balance of

rights and obligations. The decision on the signing of these agreements and protocols

should thus be based on the substantive legal basis provided in the Treaty on the

Functioning of the European Union for the establishment of an association involving

reciprocal rights and obligations, common action and special procedure.

(15) With the aim to increase the breadth of their cooperation, the Agreement on the terms

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

Agency for the Space Programme provides that the Parties shall apply it provisionally,

in accordance with their respective internal procedures and legislation, as from

1 January 2026, if the date of signature of that Agreement is before 1 July 2026, or as

from 1 January of the year following its signature, if the date of signature of that

Agreement is after 30 June 2026. That agreement should therefore be applied

provisionally, pending its entry into force.

EN 25 EN

(16) The signing of the 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 is the subject of

separate procedures.

(17) The signing of the Joint Declaration between the European Union and the Swiss

Confederation on the establishment of a high-level dialogue on the broad bilateral

package and the possible further development of the bilateral relations between the

European Union and Switzerland on behalf of the European Union should be

approved.

(18) The agreements and protocols that are the subject of this decision should be signed on

behalf of the Union and the joint declarations accompanying those agreements and

protocols should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The signing, on behalf of the Union, of the following agreements and protocols is hereby

authorised subject to their conclusion3:

(a) 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;

(b) 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;

(c) Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(d) Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(e) State Aid Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(f) Amending Protocol to the Agreement between the European Community and the

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

(g) Institutional 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 mutual recognition in relation to conformity assessment;

(j) Institutional protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

3 The texts of the agreements and protocols will be published together with the decision on their

conclusion.

EN 26 EN

(k) Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products;

(l) Protocol to the Agreement between the European Community and the Swiss

Confederation on trade in agricultural products establishing a Common Food Safety

Area;

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

(n) Agreement between the European Union and the Swiss Confederation on health;

(o) 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;

(p) 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;

(q) Protocol between the European Union and the Swiss Confederation on parliamentary

cooperation.

Article 2

1. The signing of the Joint Declaration between the European Union and the Swiss

Confederation on the establishment of a high-level dialogue on the broad bilateral

package and the possible further development of the bilateral relations between the

European Union and Switzerland is hereby approved4.

2. The following joint declarations accompanying agreements and protocols referred to

in Article 1 of this Decision are hereby approved:

(a) the following joint declarations accompanying the amending protocol referred

to in Article 1, point (a), of this Decision5:

– Joint Declaration on Union citizenship;

– Joint Declaration on preventing and acting against abuse of rights

conferred by Directive 2004/38/EC;

– Joint Declaration on refusing social assistance and terminating residence

prior to the acquisition of permanent residence;

– Joint Declaration on the notification of the taking up of employment;

– Joint Declaration on the Convention of the Recognition of Qualifications;

– Joint Declaration on job vacancies;

– Joint Declaration on common objectives regarding the freedom to

provide services up to 90 working days and ensuring posted workers’

rights;

– Joint Declaration on effective control systems including Switzerland’s

dual enforcement system;

4 The Declaration is published in OJ L, [XXX]. 5 The Declarations are published in OJ L, [XXX].

EN 27 EN

– Joint Declaration on the principle of “Equal pay for equal work in the

same place” and on a proportionate and adequate level of protection of

posted workers;

– Joint Declaration on the participation of Switzerland in the activities of

the European Labour Authority;

– Joint Declaration on the declaratory registration system of frontier

workers;

– Joint Declaration concerning the inclusions of two EU legal acts in

Annex I to the Agreement;

(b) the joint declaration accompanying the State aid protocol referred to in

Article 1, point (e), of this Decision6;

(c) the joint declaration accompanying the amending protocol referred to in

Article 1, point (f), of this Decision7;

(d) the joint declaration accompanying the State aid protocol referred to in

Article 1, point (h), of this Decision8;

(e) the joint declaration accompanying the agreement referred to in Article 1,

point (m), of this Decision9.

3. The Council takes note of the following declarations by Switzerland:

(a) Declaration by Switzerland on measures to be taken in respect of self-

employed persons in the context of the notification procedure for work-related

short-term stays accompanying the amending protocol referred to in Article 1,

point (a), of this Decision10;

(b) Declaration by the Swiss Confederation regarding the inclusion of the

institutional elements by analogy in the Agreement on Health accompanying

the agreement referred to in Article 1, point (n), of this Decision11.

Article 3

Subject to reciprocity, the agreement referred to in Article 1, point (p), of this Decision shall

be applied provisionally in accordance with Article 15(3) of that agreement12.

6 The Declaration is published in OJ L, [XXX]. 7 The Declaration is published in OJ L, [XXX]. 8 The Declaration is published in OJ L, [XXX]. 9 The Declaration is published in OJ L, [XXX]. 10 The Declaration is published in OJ L, [XXX]. 11 The Declaration is published in OJ L, [XXX]. 12 The date from which the Agreement will be provisionally applied will be published in the Official

Journal.

EN 28 EN

Article 4

This Decision shall enter into force on the day of its adoption.

Done at Brussels,

For the Council

The President

EN 29 EN

LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT

“REVENUE”- FOR PROPOSALS HAVING BUDGETARY IMPACT ON THE

REVENUE SIDE OF THE BUDGET

PART I:

EUROPEAN UNION AGENCY FOR THE SPACE PROGRAMME

1. NAME OF THE PROPOSAL:

Proposal for a Council Decision on the signing of a broad package of agreements to

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

2. BUDGET LINES:

Part I details the financial impact of the 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 (hereafter the

“Agreement on the Agency for the Space Programme”). Part II details the financial impact of

the other agreements in the broad package that foresee a financial contribution of Switzerland

to various agencies and information systems.

Revenue line (Chapter/Article/Item):

– Article 04 10 01 – European Union Agency for the Space Programme (EUSPA) –

external assigned revenue

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

– Article 04 10 01 – European Union Agency for the Space Programme (EUSPA) –

voted budget.

3. FINANCIAL IMPACT1

 Proposal has no financial implications

 Proposal has no financial impact on expenditure but has a financial impact on revenue

 Proposal has a financial impact on assigned revenue

1 All figures for years 2026 and 2027 which are quoted in this section are indicative and correspond to

the latest estimates available.

EN 30 EN

The effect is as follows:

(EUR million to three decimal place)

Revenue line Impact on revenue XX months period starting

dd/mm/yyyy (if applicable)

Year N (2026)

04 10 01 4 098 115 24 months starting

01/01/2026

4 098 115

Revenue line 2026 2027

04 10 01 4 098 115 4 185 977

Expenditure line 2026 2027

04 10 01 4 098 115 4 185 977

4. ANTI-FRAUD MEASURES

Article 325 of the Treaty on the functioning of the European Union (TFEU) requires the

Commission to counter fraud and any illegal activities affecting the financial interests of the

Union. Preventing and detecting fraud is therefore a general obligation for all Commission

Services in the framework of their daily activities involving the use of resources.

Any fraud or irregularities involving Union funds has a particularly negative impact on the

reputation of the Commission and the implementation of Union policies. The current

Commission Anti-Fraud Strategy (CAFS) (COM(2019)196) was adopted on 29 April 2019, to

replace the 2011 Strategy. It is a policy document setting out the Commission’s priorities in

the fight against fraud in view of the 2021-2027 multiannual financial framework. The 2019

CAFS’ main objectives are to 1) “further improve the understanding of fraud patterns,

fraudsters’ profiles and systemic vulnerabilities relating to fraud affecting the EU budget”

(data collection and analysis), and 2) “optimise coordination, cooperation and workflows for

the fight against fraud, in particular among Commission services and executive agencies”

(coordination, cooperation and processes). The strategy is accompanied by an Action Plan

which was revised in July 2023 and which, like its predecessor, seeks to strengthen all parts of

the anti-fraud cycle: prevention, detection, investigation and correction.

The guiding principles and target standards of the 2019 CAFS are:

– zero tolerance for fraud;

– fight against fraud as an integral part of internal control;

– cost-effectiveness of controls;

– professional integrity and competence of Union staff;

– transparency on how Union funds are used;

EN 31 EN

– fraud prevention, notably fraud-proofing of spending programmes;

– effective investigation capacity and timely exchange of information;

– swift correction (including recovery of defrauded funds and judicial/administrative

sanctions);

– good cooperation between internal and external players, in particular between the

Union and national authorities responsible, and among the departments of all

institutions and bodies of the Union concerned;

– effective internal and external communication on the fight against fraud.

Article 11 of the Agreement on the Agency for the Space Programme and Annex III to the

agreement on Switzerland’s participation in EUSPA contain detailed provisions concerning

the financial as regards Swiss participants in activities of the Agency for the Space

Programme, which also includes anti-fraud measures. Annex III provides the necessary

details, processes as well as allow for flawless execution of tasks by the bodies in order to

safeguard the financial interests of the Union (the European Commission or by other persons

mandated by the European Commission, which includes the European Anti-Fraud Office

(OLAF) and the European Court of Auditors. the financial interests of the Union are to be

protected by means of proportionate measures, including measures relating to the prevention,

detection, correction and investigation of irreguralities, including fraud, to the recovery of

funds lost, wrongly paid or icorrectly used and, where appropriate, to the imposition of the

administrative penalties.

In accordance with the Financial Regulation, any person or entity receiving Union funds is to

fully cooperate in the protection of the financial interests of the Union, grant the necessary

rights and access to the Commission, OLAF, the Court of Auditors and ensure that any third

parties involved in the implementation of Union funds grant equivalent rights. As expressly

provided in Article 11(4) of the Agreement on the Agency for the Space Programme, reviews

and audits may be carried out also after the suspension of application of a Protocol, cessation

of application or termination of the Agreement.

The Agreement on the Agency for the Space Programme ensures the possibility for OLAF

may carry out administrative investigations, including on-the-spot checks and inspections, on

the territory of the Swiss Confederation of a Swiss entity that is party to a relevant funding

agreement or a Swiss entity third party implementing the funding agreement under a contract,

in accordance with, and to the extent provided in, the relevant funding agreement and other

applicable contract. When exercising their duties in the territory of the Swiss Confederation,

the European Commission and OLAF shall act in a manner compatible with Swiss law.

Reviews and audits may be carried out by the Union officials, in particular officials of the

European Commission and the European Court of Auditors, or by other persons mandated by

the European Commission. When exercising their duties in the territory of the Swiss

Confederation, the European Commission or other persons mandated by the European

Commission shall act in a manner compatible with Swiss law.

The Swiss authorities shall cooperate, in accordance with applicable international cooperation

instruments with the authorities of the Union or of the Member States competent for the

investigation and prosecution of criminal offences affecting the financial interests of the

Union, including bringing to judgment alleged perpetrators and accomplices of the said

criminal offences. Requests submitted to pursuant to applicable international cooperation

instruments may include as applicable requests made in relation to investigations or

prosecutions of the EPPO. This allows for a cooperation with the EPPO as provided for in

EN 32 EN

Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on

the fight against fraud to the Union’s financial interests by means of criminal law.

Furthermore the Agreement on the Agency for the Space Programme provides for effective

mechanism to ensure enforcement of Commission decisions on the territory of the Swiss

Confederation.

5. OTHER REMARKS

Switzerland’s annual financial contribution to the financing of EUSPA will take the form of

the sum of an operational contribution on the one hand, and a participation fee on the other, as

defined in Article 4 of the Agreement on the Agency for the Space Programme and Annex I to

that agreement.

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

Gross Domestic Product (GDP) of Switzerland at market prices to the GDP of the Union at

market prices. The GDPs to be applied will be the latest available as of 1 January of the year

in which the annual payment will be made as provided by Statistical Office of the European

Union (EUROSTAT), with due regard to the Agreement on cooperation in the field of

statistics2. If this 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 (OECD).

The operational contribution will be calculated by applying the contribution key to the annual

Union voted budget inscribed on the relevant Union budget subsidy line(s) of the year in

question. All reference amounts will be based on commitment appropriations.

The annual participation fee shall be a percentage of the annual operational. The annual

participation fee shall have the following values:

– in 2026: 2 %

– in 2027: 3 %

– in 2028 and subsequent years: 4 %.

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

amounts due or to be received will be made in euro.

The European Commission shall issue calls for funds to Switzerland that correspond to the

contribution of Switzerland. Switzerland shall pay the amount indicated in the call for funds at

the latest 45 days after receipt of the call for funds.

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

default interest by Switzerland on the outstanding amount from the due date. 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 calendar day of the month in

which the due date falls, or 0%, whichever is higher, plus 3.5 percentage points.

2 Agreement between the European Community and the Swiss Confederation on cooperation in the field

of statistics (OJ L 90, 28.3.2006, p. 2)

EN 33 EN

PART II:

OTHER AGENCIES AND INFORMATION SYSTEMS

1. NAME OF THE PROPOSAL:

Proposal for a Council Decision on the signing of a broad package of agreements to

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

2. BUDGET LINES:

Part II details the financial impact of the other agreements in the broad package that foresee a

financial contribution of Switzerland to various agencies and information systems, except for

the 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. Part I details the financial impact of the latter agreement.

Under the agreements in fields related to the internal market in which Switzerland

participates, the Health agreement and the agreement on the Agency for the Space Programme

enter into force, Switzerland will financially contribute to the Union budget for the

management and operation of the agencies and bodies, the information systems and other

activities to which it has access under those agreements. A set of standard financial modalities

were negotiated and integrated in the specific agreements. These do not concern the

agreements on the participation on Switzerland’s participation in respectively the European

Union Agency for the Space Programme and in the Union programmes.

A detailed description of the financial modalities is included in section 5 of this document.

The information systems to which Switzerland will gain access and will have to financially

contribute in accordance with the agreed financial modalities are:

– the European network of Employment Services (EURES) as established by

Regulation (EU) 2016/589;

– the Electronic Exchange of Social Security Information (EESSI) as established by

Regulation (EC) 883/2004 and Regulation (EC) 987/2009; 

– the modules of Internal Market Information system (IMI) as established by

Regulation (EU) 1024/20127 relating to the posting of workers, services,

professional qualifications, the European Professional Card, Regulated Professions

and the Single Digital Gateway;

– the EudraGMDP information system on the Community code relating to medicinal

products for human use, as established by Directive 2004/27/EC;

– the EUROPHYT Portal, as established by Commission Directive 94/3/EC of

21 January 1994;

– the Rapid Alert System for Food and Feed (RASFF), as established by

Regulation (EC) No 178/2002;

– the platform for sanitary and phytosanitary certification (TRACES), as established by

Regulation (EU) 2017/625;

– the Animal Diseases Information System (ADIS), as established by

Regulation (EU) 2020/2002;

EN 34 EN

– the Union Database, as established by Directive (EU) 2018/2001, on the promotion

of the use of energy from renewable sources.

The agencies to which Switzerland will gain access and will have to financially contribute in

accordance with the agreed financial modalities are:

– the European Centre for Disease Prevention and Control (ECDC), as established by

Regulation (EC) No 851/2004;

– the European Food Safety Authority (EFSA), as established by

Regulation (EC) No 178/2002;

– the European Union Agency for the Cooperation of Electricity Regulators (ACER),

as established by Regulation (EU) 2019/942.

Where alternative funding sources presently exist, these will be maintained. Should this

situation change in the course of the lifecycle of the agreements, the standard financial

modalities should apply. The following information systems and agencies are concerned:

– TACHOnet, as established by Regulation (EU) No 165/2014 and Commission

Implementing Regulation (EU) 2016/68;

– the Early Warning and Response System (EWRS), as established by

Regulation (EU) 2022/2371;

– the European Union Aviation Safety Agency (EASA), as established by

Regulation (EU) 2018/1139;

– the Mutual Information System on Social Protection (MISSOC).

To take into account that Switzerland will not have access to the activities of the Agency for

the Cooperation of Energy Regulators (ACER) falling outside of the scope of the agreement

on electricity, its annual operational contribution to ACER will be calculated on the basis of

an annual reference amount corresponding to 85% of the amount of the annual Union voted

budget inscribed in the relevant Union budget subsidy line(s).

Under the current MFF (2021-2027) no contribution will be required from Switzerland for the

financing of the EWRS in accordance with the above-mentioned financial modalities. Instead,

its contribution will be covered by its contributions to the financing of the ECDC and the

EU4Health programme as these are the EWRS’s two funding sources under the current MFF.

The precise impact of Switzerland’s contributions on the budget cannot be determined at the

time of drafting this file as Switzerland will only start contributing after the concerned

agreements have entered into force and their entry into force depends on Switzerland fulfilling

certain constitutional obligations. This process may take several years, which might mean that

the agreements will not enter into force during the current Multiannual Financial Framework.

As the agreed financing arrangements will generate a recurrent revenue stream for the Union

budget and the standard provisions will provide the model for Switzerland’s contributions to

the management and operation of any additional agency or information system to which

Switzerland will gain access in the future, it is nevertheless relevant to illustrate how the

financial modalities could impact the budget. The amounts mentioned apply the financial

modalities to the 2024 budget, which served as reference during the negotiations on the

financing arrangements and payment modalities.

• Information systems

European network of employment services (EURES)

Revenue line (Chapter/Article/Item):

EN 35 EN

– R6 1 2 0 – European Social Fund Plus – Assigned revenue

The revenues will be assigned to the following expenditure lines (Chapter/Article/Item):

Article 07 02 04 - ESF+ — Employment and Social Innovation (EaSI) strand, and

– Article 07 10 09 – European Labour Authority (ELA): expenditure related to the

EURES platform

Electronic Exchange of Social Security Information (EESSI)

Revenue line (Chapter/Article/Item):

– 6 1 2 0 – European Social Fund Plus – Assigned revenue

– R 6 6 3 0 – Pilot projects, preparatory actions, prerogatives and other actions

The revenues will be assigned to the following expenditure lines (Chapter/Article/Item):

– Article 07 02 04 – ESF+ — Employment and Social Innovation (EaSI) strand;

– Item 07 20 03 01 – Free Movement of workers, coordination of social security

schemes and measures for migrants, including migrants from third countries

Internal Market Information (IMI)

Revenue line (Chapter/Article/Item):

– 6 00 03 00 – Single Market Programme – Assigned revenue

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

– Item 03 01 01 01 – Support expenditure for the Single Market Programme (03 01 01

01 02)

EudraGMDP

Revenue line (Chapter/Article/Item):

– 6 6 2

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

– 6 10 03 01 – Union contribution to the European Medicines Agency

EUROPHYT, iRASFF, TRACES, ADIS

Revenue line (Chapter/Article/Item):

– 60 30

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

– Article 03 02 06 – Contributing to a high level of health and welfare for humans,

animals and plants

Union Database, as established by Directive (EU) 2018/2001

Revenue line (Chapter/Article/Item):

– 6 06 08 – other contributions and refunds – Assigned revenue

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

– 02 20 04 02 – Support activities for the European energy policy and internal energy

market

• Agencies

EN 36 EN

European Centre for Disease Prevention and Control (ECDC) and European Food Safety

Authority (EFSA)

Revenue line (Chapter/Article/Item):

– 6 6 2

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

– Article 06 10 01 – European Centre for Disease Prevention and Control

– Article 06 10 02 – European Food Safety Authority

European Union Agency for the Cooperation of Energy Regulators (ACER)

Revenue line (Chapter/Article/Item):

– 6 06 08 – Decentralised agencies – Assigned revenue

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

– Article 02 10 06 – European Union Agency for the Cooperation of Energy

Regulators (ACER)

3. FINANCIAL IMPACT

 Proposal has no financial implications

 Proposal has no financial impact on expenditure but has a financial impact on revenue

 Proposal has a financial impact on assigned revenue

EN 37 EN

The effect is as follows:

• Information systems

European network of employment services (EURES)

Revenue line Impact on annual revenue

(2024 estimate)

R 6 1 2 0 999 897

Situation following action

Revenue line Estimated annual revenue

R 6 1 2 0 999 897

Expenditure line Estimated annual expenditure

07 02 04

07 10 09

999 897

Electronic Exchange of Social Security Information (EESSI)

Revenue lines Impact on annual revenue

(2024 estimate)

R 6 1 2 0

R 6 6 3 0

227 136

Situation following action

Revenue line Estimated annual revenue

R6 1 2 0

R 6 6 3 0

227 136

Expenditure line Estimated annual expenditure

07 02 04

07 20 03 01

227 136

Internal Market Information (IMI)

EN 38 EN

Revenue line Impact on annual revenue

(2024 estimate)

6 00 03 00 96 346

Situation following action

Revenue line Estimated annual revenue

6 00 03 00 96 346

Expenditure line Estimated annual expenditure

Item 03 01 01 01 (03 01 01 01 02) 96 346

EudraGMDP

Revenue line Impact on annual revenue

(2024 estimate)

6 6 2 6 525

Situation following action

Revenue line Estimated annual revenue

6 6 2 6 525

Expenditure line Estimated annual expenditure

6 10 03 01 6 525

EUROPHYT, iRASFF, TRACES, ADIS

Revenue line Impact on annual revenue

(2024 estimate)

6 0 3 0 727 804

Situation following action

EN 39 EN

Revenue line Estimated annual revenue

6 0 3 0 727 804

Expenditure line Estimated annual expenditure

Article 03 02 06 727 804

Union Database, as established by Directive (EU) 2018/2001

Revenue line Impact on annual revenue

(2024 estimate)

6 06 08 875 000

Situation following action

Revenue line Estimated annual revenue

6 06 08 875 000

Expenditure line Estimated annual expenditure

02 20 04 02 875 000

• Agencies

European Centre for Disease Prevention and Control (ECDC)

Revenue line Impact on annual revenue

(2024 estimate)

6 6 2 3 670 862

EN 40 EN

Situation following action

Revenue line Estimated annual revenue

6 6 2 3 670 862

Expenditure line Estimated annual expenditure

Article 06 10 01 3 670 862

European Food Safety Authority (EFSA)

Revenue line Impact on annual revenue

(2024 estimate)

6 6 2 7 755 340

Situation following action

Revenue line Estimated annual revenue

6 6 2 7 755 340

Expenditure line Estimated annual expenditure

Article 06 10 02 7 755 340

European Union Agency for the Cooperation of Energy Regulators (ACER)3

Revenue line Impact on annual revenue

(2024 estimate)

06 06 08 981 805

3 Based on an annual reference amount corresponding to 85% of the amount of the annual Union voted

budget inscribed in the relevant EU budget subsidy line(s).

EN 41 EN

Situation following action

Revenue line Estimated annual revenue

6 06 08 981 805

Expenditure line Estimated annual expenditure

02 10 06 981 805

4. ANTI-FRAUD MEASURES

Article 325 of the Treaty on the functioning of the European Union (TFEU) requires the

Commission to counter fraud and any illegal activities affecting the financial interests of the

Union. Preventing and detecting fraud is therefore a general obligation for all Commission

Services in the framework of their daily activities involving the use of resources.

Any fraud or irregularities involving Union funds has a particularly negative impact on the

reputation of the Commission and the implementation of Union policies. The current

Commission Anti-Fraud Strategy (CAFS) (COM(2019)196) was adopted on 29 April 2019, to

replace the 2011 Strategy. It is a policy document setting out the Commission’s priorities in

the fight against fraud in view of the 2021-2027 multiannual financial framework. The 2019

CAFS’ main objectives are to 1) “further improve the understanding of fraud patterns,

fraudsters’ profiles and systemic vulnerabilities relating to fraud affecting the EU budget”

(data collection and analysis), and 2) “optimise coordination, cooperation and workflows for

the fight against fraud, in particular among Commission services and executive agencies”

(coordination, cooperation and processes). The strategy is accompanied by an Action Plan

which was revised in July 2023 and which, like its predecessor, seeks to strengthen all parts of

the anti-fraud cycle: prevention, detection, investigation and correction.

The guiding principles and target standards of the 2019 CAFS are:

– zero tolerance for fraud;

– fight against fraud as an integral part of internal control;

– cost-effectiveness of controls;

– professional integrity and competence of Union staff;

– transparency on how Union funds are used;

– fraud prevention, notably fraud-proofing of spending programmes;

– effective investigation capacity and timely exchange of information;

– swift correction (including recovery of defrauded funds and judicial/administrative

sanctions);

– good cooperation between internal and external players, in particular between the

Union and national authorities responsible, and among the departments of all

institutions and bodies of the Union concerned;

– effective internal and external communication on the fight against fraud.

EN 42 EN

5. OTHER REMARKS

Switzerland’s annual financial contribution to the financing of information systems and

agencies will take the form of the sum of an operational contribution on the one hand, and a

participation fee on the other.

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

Gross Domestic Product (GDP) of Switzerland at market prices to the GDP of the Union at

market prices. The GDPs to be applied will be the latest available as of 1 January of the year

in which the annual payment will be made as provided by Statistical Office of the European

Union (EUROSTAT), with due regard to the Agreement on cooperation in the field of

statistics4. If this 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 (OECD).

The operational contribution for agencies will be calculated by applying the contribution key

to the annual Union voted budget inscribed on the relevant Union budget subsidy line(s) of

the year in question. The operational contribution for the information systems and other

activities will be calculated by applying the contribution key to the relevant budget of the year

in question as set out in documents implementing the budget (such as work programmes or

contracts). All reference amounts will be based on commitment appropriations.

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

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

amounts due or to be received will be made in euro.

The European Commission will communicate to Switzerland at the latest on 16 April of the

financial year, the following information in relation to Switzerland’s participation:

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

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

– the amount of the participation fee;

– 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

subsidy budget lines of year N.

Based on its draft budget, the European Commission shall provide an estimate of above-

mentioned information as soon as possible, and at the latest, by 1 September of the financial

year.

The European Commission shall issue calls for funds to Switzerland that correspond to the

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

in which Switzerland participates. Switzerland shall pay the amount indicated in the call for

funds at the latest 60 days after a call for funds has been issued.

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

system or other activity. 

4 Agreement between the European Community and the Swiss Confederation on cooperation in the field

of statistics (OJ L 90, 28.3.2006, p. 2)

EN 43 EN

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

default interest by Switzerland on the outstanding amount from the due date.

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 calendar day of the month

in which the due date falls, or 0%, whichever is higher, plus 3.5 percentage points.

EN EN

EUROPEAN COMMISSION

Brussels, 13.6.2025

COM(2025) 308 final

ANNEX 1

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

& /en

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

& /en 1

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

and

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

HAVING REGARD 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, done at

Brussels on 21 June 1999, (hereinafter referred to as the "Agreement"), which entered into force

on 1 June 2002;

HAVING REGARD to the Protocol to the Agreement of 21 June 1999 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 regarding the participation, as Contracting Parties, of the Czech

Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of

Slovenia and the Slovak Republic pursuant to their accession to the European Union, done at

Brussels on 26 October 2004, which entered into force on 1 April 2006;

HAVING REGARD to the Protocol to the Agreement of 21 June 1999 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 regarding the participation as Contracting Parties of the Republic of

Bulgaria and Romania pursuant to their accession to the European Union, done at Brussels

on 27 May 2008, which entered into force on 1 June 2009;

& /en 2

HAVING REGARD to the 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, regarding the participation of the Republic of Croatia as a Contracting Party, following its

accession to the European Union, done at Brussels of 4 March 2016, which entered into force

on 1 January 2017;

WHEREAS agreements concluded by the Union are binding upon the institutions of the Union and

on its Member States; this Protocol therefore applies to the Contracting Parties as set out in the

Agreement;

HAVE AGREED AS FOLLOWS:

ARTICLE 1

Amendments to the Agreement

The Agreement is amended as follows:

(1) in the preamble, the following recitals are inserted after the second recital:

"RECOGNISING that the freedom of movement is an important aspect of the internal market

and that securing the right of nationals of the Contracting Parties, as well as their family

members, to enter and reside in the respective territories, free of unjustified restrictions and

with full respect for the right of equal treatment, serves to strengthen the functioning of the

parts of the internal market in which Switzerland participates;

& /en 3

CONSCIOUS of ensuring uniformity in the parts of the internal market in which Switzerland

participates, it being understood that the Agreement is to be interpreted in accordance with the

uniform interpretation principle set out in Article 7 of the Institutional Protocol to this

Agreement. The competence of the Swiss Federal Court and all other Swiss courts as well as

of the Member States of the European Union's courts and the Court of Justice of the

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

RECALLING that the freedom of movement and the right to equal treatment extends to

nationals of one Contracting Party who exercise or seek to exercise their free-movement

rights without having moved or without having yet moved to reside in the territory of another

Contracting Party. Equally, certain rights linked to the past exercise of free movement,

including the right to equal treatment, may continue to apply after the national of a

Contracting Party has ceased residing in the territory of another Contracting Party;

FURTHER RECALLING that the free movement of persons encompasses workers,

self-employed persons and persons who are economically inactive, provided that such persons

comply with the requirements for lawful residence set out in this Agreement, including, where

applicable, the possession of sufficient resources and comprehensive sickness insurance, so as

not to become an unreasonable burden on the social assistance systems of the Contracting

Parties;

UNDERLINING the objective of consolidating and developing the Union and Switzerland's

comprehensive partnership to its full potential,";

& /en 4

(2) Article 4 is replaced by the following:

"ARTICLE 4

Right of residence and access to an economic activity

The right of residence and access to an economic activity shall be guaranteed in accordance

with Annex I.";

(3) the following articles are inserted:

"ARTICLE 4a

Right of establishment

1. A national of a Contracting Party shall have the right of establishment in the territory of

another Contracting Party in order to pursue a self-employed activity.

2. Within the framework of the provisions of this Agreement, restrictions on the freedom

of establishment of nationals of a Contracting Party in the territory of another Contracting

Party shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of

agencies and branches by nationals of any Contracting Party established in the territory of any

Contracting Party.

& /en 5

ARTICLE 4b

Equal treatment of self-employed persons

1. As regards access to a self-employed activity and the pursuit thereof, a self-employed

person shall be afforded no less favourable treatment in the host country than that accorded to

its own nationals.

2. The provisions of Articles 7 to 10 of Regulation (EU) No 492/20111 shall apply

mutatis mutandis to the self-employed persons referred to in this Agreement.";

(4) in Article 5, paragraph 4 is replaced by the following:

"4. The rights referred to in this Article shall be guaranteed in accordance with

Annexes I, II and III.";

(5) the following articles are inserted:

"ARTICLE 5a

Provision of services

With regard to the provision of services, the following shall be prohibited under Article 5 of

this Agreement:

(a) any restriction on the cross-frontier provision of services in the territory of a

Contracting Party not exceeding 90 days of actual work per calendar year;

1 Regulation (EU) No 492/2011 (OJ L 141, 27.05.2011 p. 1), as applicable according to

Annex I.

& /en 6

(b) any restriction on the right of entry and residence in the cases covered by Article 5(2) of

this Agreement concerning employees, who do not have the nationality of one of the

Contracting Parties, of persons providing services, who are integrated into one

Contracting Party's regular labour market and posted for the provision of a service in the

territory of another Contracting Party without prejudice to Article 7i.

ARTICLE 5b

Companies providing services

The provisions of Article 5a shall apply to companies formed in accordance with the law of

the Contracting Parties and having their registered office, central administration or principal

place of business in the territory of a Contracting Party.

ARTICLE 5c

Equal treatment of persons providing services

A person providing services who has the right or has been authorised to provide a service

may, for the purposes of its provision, temporarily pursue his activity in the state in which the

service is provided on the same terms as those imposed by that state on its own nationals, in

accordance with the provisions of this Agreement and Annexes I, II and III.

& /en 7

ARTICLE 5d

Rules regarding the residence of persons providing services

1. Persons providing services who are nationals of the Member States of the Union or

Switzerland and are established in the territory of a Contracting Party other than that of the

person receiving services and employees, irrespective of their nationality, of persons

providing services, who are integrated into one Contracting Party's regular labour market and

posted for the provision of a service in the territory of another Contracting Party who have the

right, or have been authorised, to provide a service for a period exceeding 90 days of actual

work per calendar year shall receive, to substantiate that right, a residence permit for a period

equal to that of the provision of services exceeding 90 days of actual work per calendar year.

2. For the purposes of issuing such permits, the Contracting Parties may not require of the

persons referred to in paragraph 1 more than:

(a) a valid identity card or passport, without prejudice to Article 7i;

(b) evidence that they are providing, or wish to provide, a service.

ARTICLE 5e

Duration of provision of services

1. The total duration of provision of services under point (a) of Article 5a, whether

continuous or consisting of successive periods of provision, may not exceed 90 days of actual

work per calendar year.

& /en 8

2. The provisions of paragraph 1 shall be without prejudice to the discharge by the person

providing a service of his legal obligations under the guarantee given to the person receiving

the service or to causes of force majeure.

ARTICLE 5f

Rules applicable to the provision of services

1. The provisions of Articles 5a and 5c shall not apply to activities involving, even on an

occasional basis, the exercise of public authority in the Contracting Party concerned.

2. The provisions of Articles 5a and 5c and measures adopted by virtue thereof shall not

preclude the applicability of laws, regulations and administrative provisions providing for the

application of working and employment conditions to employed persons posted for the

purposes of providing a service, in accordance with the relevant Union legal acts on the

posting of workers referred to in Annex I.

3. The provisions of point (a) of Article 5a, and Article 5c shall be without prejudice to the

applicability of the laws, regulations and administrative provisions prevailing in all

Contracting Parties at the time of this Agreement's entry into force on 1 June 2002 in respect

of:

(i) the activities of temporary and interim employment agencies. In particular,

Switzerland's dynamic alignment to Regulation (EU) 2016/5891 shall not result in

Switzerland no longer being able to apply its national laws, regulations and

administrative provisions to these activities;

1 Regulation (EU) 2016/589 (OJ L 107, 22.4.2016, p. 1), as applicable according to Annex I.

& /en 9

(ii) financial services where provision is subject to prior authorisation in the territory of a

Contracting Party and the provider to prudential supervision by that Contracting Party's

authorities.

ARTICLE 5g

Prior notification period and controls

1. Switzerland shall be able to apply a prior notification period of a maximum of four

working days in specific sectors before the beginning of the provision of service for service

providers that are self-employed and provide services in its territory as well as before the

posting for service providers that post workers on its territory in order to carry out on-site

controls.

2. Switzerland shall define autonomously the control quantity and control density, as well

as the sectors and areas to be controlled, including sectors and areas not covered by the prior

notification period of a maximum of four working days, on the basis of an objective risk

analysis, in a proportionate and non-discriminatory manner, taking into account that the

Agreement limits the freedom to provide services to 90 days of actual work per calendar year.

3. The determination of the sectors shall be reviewed and updated periodically.

& /en 10

ARTICLE 5h

Financial guarantees and sanctions

In the case of service providers that have failed to meet their financial obligations towards

enforcement authorities and bodies referred to in the Joint Declaration on effective control

systems including Switzerland's dual enforcement system with regard to a previous provision

of services, Switzerland shall be able to require the deposit of a proportionate financial

guarantee before they may provide services again in sectors determined on the basis of an

autonomous and objective risk analysis.

In case of non-payment of the financial guarantee, Switzerland shall be able to impose

proportionate sanctions up to the prohibition to provide services until the payment of the

guarantee.

ARTICLE 5i

Proof of self-employment

In order to combat the phenomenon of bogus self-employment through efficient and

risk-based controls, Switzerland shall be able to require self-employed service providers to

provide documents allowing for effective controls within the framework of ex-post controls

(at most: confirmation of registration, if applicable; proof of registration with the social

security authorities as a self-employed person in the country of residence; proof of the

contractual relationship).

& /en 11

ARTICLE 5j

Non-regression

1. In order to maintain the level of protection of posted workers as agreed between

Switzerland and the Union in this Agreement at the time of the entry into force of the

Amending Protocol, amendments to Directives 96/71/EC1 and 2014/67/EU2 or new legal acts

of the Union in the area of posting of workers shall, notwithstanding Article 5 of the

Institutional Protocol to this Agreement, not be integrated into this Agreement to the extent

that their effect would be to meaningfully weaken or reduce the level of protection of posted

workers with regard to the terms and conditions of employment, notably remuneration and

allowances.

2. For the purposes of paragraph 1, any change to the level of protection of posted workers

shall be assessed in its globality, taking into account all relevant provisions of this Agreement.

ARTICLE 5k

Persons receiving services

Nationals of a Member State of the Union or of Switzerland entering the territory of a

Contracting Party solely to receive services may be required to register in accordance with the

acts referred to in Annex I.";

1 Directive 96/71/EC (OJ L 18, 21.1.1997, p. 1), as applicable according to Annex I at the time

of the entry into force of the Amending Protocol. 2 Directive 2014/67/EU (OJ L 159, 28.5.2014, p. 11), as applicable according to Annex I at the

time of the entry into force of the Amending Protocol.

& /en 12

(6) the following articles are inserted:

"ARTICLE 7a

Frontier worker

A frontier worker is a national of a Contracting Party who pursues an activity as an employed

or self-employed person in a Contracting Party and who resides in the other Contracting Party

to which he returns, as a rule, daily or at least once a week.

The competent authorities of the Contracting Party where the frontier worker pursues the

activity for periods of work longer than three months per calendar year may register the

frontier worker for declaratory purposes.

The competent authorities shall issue a declaratory registration certificate to the frontier

worker free of charge or for a charge not exceeding that imposed on nationals for the issuing

of similar documents.

Registration pursuant to this Article shall be without prejudice to the rights and obligations of

the frontier workers concerned provided for in the acts referred to in the Annexes to this

Agreement. For periods of work shorter than or up to three months the Contracting Parties

may apply the notification procedure according to the Joint Declaration on the notification of

the taking up of employment.

& /en 13

ARTICLE 7b

Students

A student who does not have a right of residence in the territory of the other Contracting Party

on the basis of any other provision of this Agreement may be required to register in

accordance with the acts referred to in Annex I. This Agreement does not regulate access to

vocational training or maintenance assistance given to the students covered by this Article.

(a) notwithstanding the foregoing sentence, Article 2 shall apply, regardless of the student's

place of residence, to tuition fees and all other fees or charges related to studies, as well

as all public support mechanisms related thereto, applicable to students at;

(i) universities, university institutes, universities of applied sciences, universities of

applied sciences institutes and affiliated higher education institutions to any of

these in Switzerland, financed in majority by public funds, and

(ii) any corresponding institution in the Union;

(b) subject to the preservation of the quality and of the specificities of its respective

existing education systems, including its admission systems and organisation of

competences, each Contracting Party shall not reduce the overall level of students in its

institutions mentioned under point (a) who are nationals of the other Contracting Parties

and who did not have a right of residence in its territory before taking up their studies,

as of the date of the entry into force of this provision. For the purpose of clarity, the

foregoing sentence shall not imply an obligation for the Contracting Parties to modify

their respective admission systems nor to increase the aforementioned level of students

or to reserve a minimal level of places for students from the other Contracting Parties;

& /en 14

(c) the Contracting Parties shall not discriminate amongst nationals of the other Contracting

Parties in application of points (a) and (b).

ARTICLE 7c

Exercise of public authority

1. A national of a Contracting Party pursuing an activity as an employed person may be

refused the right to take up employment in the public service which involves the exercise of

public power and is intended to protect the general interests of the State or other public

bodies.

2. A self-employed person may be denied the right to pursue an activity involving, even on

an occasional basis, the exercise of public authority.

ARTICLE 7d

Public policy

The rights granted under the provisions of this Agreement may be restricted only by means of

measures which are justified on grounds of public policy, public security or public health.

& /en 15

ARTICLE 7e

Permanent residence

Switzerland and the Member States may decide to grant the right of permanent residence

pursuant to Article 16 of Directive 2004/38/EC1 as, respectively, only to Union citizens and

Swiss nationals having resided legally for a total of five years in the host State as workers or

self-employed persons, including those that retain that status in accordance with that

Directive, as well as the family members of such persons. Provided that they are part of a

single period of legal residence in the host State, the periods to be taken into account shall not

be required to be continuous but may be interrupted by periods of legal residence as

economically inactive persons.

For the purpose of calculating the periods necessary for the acquisition of the right of

permanent residence in accordance with the first subparagraph, Switzerland and the

Member States may decide not to take into account periods of six months or more during

which the person is fully reliant on social assistance.

Subject to the Joint Declaration on refusing social assistance and terminating residence prior

to the acquisition of permanent residence and in accordance with Article 10(6) of the

Institutional Protocol to this Agreement, the rules on residence in Article 7 of

Directive 2004/38/EC2 shall remain applicable to persons who do not qualify for the right of

permanent residence.

1 Directive 2004/38/EC (OJ L 158, 30.4.2004, p. 77), as applicable according to Annex I. 2 Directive as applicable according to Annex I.

& /en 16

ARTICLE 7f

Purchase of immovable property

1. Nationals of a Contracting Party who have a right of residence and their principal

residence in the host state shall enjoy the same rights as a national as regards the purchase of

immovable property. They may set up their principal residence in the host state at any time in

accordance with the relevant national rules irrespective of the duration of their employment.

Leaving the host state shall not entail any obligation to dispose of such property.

2. Nationals of a Contracting Party who have a right of residence but do not have their

principal residence in the host state shall enjoy the same rights as a national as regards the

purchase of immovable property needed for their economic activity. Leaving the host state

shall not entail any obligation to dispose of such property. They may also be authorised to

purchase a second residence or holiday accommodation. For this category of nationals, this

Agreement shall not affect the rules applying to pure capital investment or business of unbuilt

land and apartments.

3. Frontier workers, nationals of a Contracting Party, shall enjoy the same rights as a

national as regards the purchase of immovable property for their economic activity and as a

secondary residence. Leaving the host state shall not entail any obligation to dispose of such

property. They may also be authorised to purchase holiday accommodation. For this category

of nationals, this Agreement shall not affect the rules applying in the host state to pure capital

investment or business of unbuilt land and apartments.

& /en 17

ARTICLE 7g

Identity cards

Switzerland may continue to issue identity cards that do not include a storage medium

containing the holder's fingerprints. Such identity cards shall be visually distinguishable from

identity cards complying with the requirements of the acts referred to in Annex I concerning

such documents. Any such identity cards issued from one year after the entry into force of the

Amending Protocol cannot be used by Swiss nationals to exercise free movement.

ARTICLE 7h

Expulsion

As far as restrictions on the right of entry and the right of residence on grounds of public

policy or public security of each other's nationals are concerned, the obligations of

Switzerland and of the Member States under the Agreement prior to the entry into force of the

Amending Protocol shall be maintained.

Therefore, the following developments introduced by Chapter VI of Directive 2004/38/EC1

going beyond these obligations, namely enhanced protection against expulsion provided for in

Article 28(2) and (3), as well as the case-law of the Court of Justice linked to these provisions,

shall not apply. In addition, as regards expulsions referred to in Article 33(2) of the Directive,

Switzerland and the Member States may, instead of applying the procedures laid down in that

provision, ensure that expulsions are carried out in line with the requirements under the

Agreement prior to the entry into force of the Amending Protocol.

1 Directive as applicable according to Annex I.

& /en 18

ARTICLE 7i

Entry of third-country nationals

The Contracting Parties may not require entry visa or equivalent requirements from posted

workers who do not have the nationality of a Contracting Party and who enjoy a right of entry

without such requirements according to the legal acts of the Union integrated into Annex I or

any other instrument in force between the Contracting Parties. For those posted workers who

require entry visa or equivalent requirements, the Contracting Party concerned shall grant

these persons every facility for obtaining any necessary visas.";

(7) Article 10 is replaced by the following:

"ARTICLE 10

Changes in European Union membership

Any extension of the Agreement to new Member States shall be subject to agreement between

the Parties, in accordance with their internal procedures, by means of a protocol. Unless

otherwise agreed, such protocol shall include transitional measures, taking into account the

specific economic and social situation in the Union, in particular in the new Member States,

and Switzerland, having regard to the longstanding practice of past extensions of this

Agreement.";

& /en 19

(8) Article 14 is replaced by the following:

"ARTICLE 14

Joint Committee

1. A Joint Committee is hereby established.

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

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

representative of Switzerland.

3. The Joint Committee shall:

(a) ensure the proper functioning and the effective administration and application of this

Agreement;

(b) provide a forum for mutual consultation and a continuous exchange of information

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

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

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

Institutional Protocol to this Agreement;

(c) make recommendations to the Contracting Parties in matters pertaining to this

Agreement;

& /en 20

(d) adopt decisions where provided for in this Agreement; and

(e) exercise any other competence granted to it in this Agreement.

4. The Joint Committee shall act by consensus.

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

to implement them.

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

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

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

videoconference or teleconference.

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

7. 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 21

(9) the following article is inserted:

"ARTICLE 14a

Safeguard clause

1. In the event of serious economic or social difficulties caused by the application of this

Agreement, the Joint Committee shall meet, at the request of either Contracting Party, to

examine appropriate measures to remedy the situation. The Joint Committee may decide what

measures to take within 60 days of the date of the request. This period may be extended by the

Joint Committee.

2. If the Joint Committee does not adopt a decision within the deadline laid down in

paragraph 1 with regard to appropriate measures or extending that deadline, the Contracting

Party having made the request may bring the case before an arbitral tribunal in case of serious

economic difficulties. The arbitral tribunal shall hand down its final decision within six

months of its establishment.

3. If the arbitral tribunal decides that the alleged difficulties have been proven and are

caused by the application of this Agreement, the Contracting Party that made the request may

adopt appropriate measures in order to remedy those difficulties. If the measures adopted by a

Contracting Party in accordance with this paragraph create an imbalance between the

respective rights and obligations under this Agreement, the other Contracting Party may take

appropriate rebalancing measures to remedy that imbalance within the scope of this

Agreement.

& /en 22

4. In exceptional circumstances of urgency where a Contracting Party is at risk of very

serious economic harm caused by the application of this Agreement, that Contracting Party

may bring the case before an arbitral tribunal in accordance with the Appendix if the Joint

Committee fails to adopt a decision within 30 days of the request. The arbitral tribunal shall

hand down its final decision within six months of its establishment.

5. In circumstances referred to in paragraph 4, if the arbitral tribunal decides that, prima

facie, the alleged difficulties are fulfilled, the Contracting Parties may adopt interim measures

and, as the case may be, interim rebalancing measures. Article III.10 of the Appendix shall

apply, with exception of paragraph 4(c), mutatis mutandis.

6. The measures and rebalancing measures referred to in paragraphs 2 to 5 shall be

adopted within the scope of this Agreement. Their scope and duration shall not exceed what is

strictly necessary to remedy the difficulties or the imbalance they address. Preference shall be

given to measures and rebalancing measures that least disrupt the working of this Agreement.

7. The measures and rebalancing measures shall be the subject of consultations in the Joint

Committee every three months from the date of their adoption with a view to their abolition

before the date of expiry envisaged or to the limitation of their scope to the strictly necessary.

Each Contracting Party may at any time request the Joint Committee to review such measures

and rebalancing measures.";

& /en 23

(10) Article 18 is replaced by the following:

"ARTICLE 18

Revision

If a Contracting Party wishes to have this Agreement revised, it shall submit a proposal to that

effect to the Joint Committee.

Amendments to this Agreement shall enter into force after the Contracting Parties's respective

internal procedures have been completed.";

(11) Article 21 is replaced by the following:

"ARTICLE 21

Relationship with agreements on taxation

1. The provisions of bilateral agreements between Switzerland and the Member States of

the Union on double taxation shall be unaffected by the provisions of this Agreement. In

particular, the provisions of this Agreement shall not affect the double taxation agreements'

definition of 'frontier workers'.

& /en 24

2. No provision of this Agreement may be interpreted in such a way as to prevent the

Contracting Parties from distinguishing, when applying the relevant provisions of their tax

legislation, between taxpayers whose situations are not comparable, especially as regards their

place of residence. However, this shall not constitute a means of discrimination or restriction

on the rights of persons as defined under this Agreement.

3. No provision of this Agreement shall prevent the Contracting Parties from adopting or

applying measures to ensure the imposition, payment and effective recovery of taxes or to

forestall tax avoidance or evasion under their national tax legislation or any other international

or bilateral agreement or arrangement relating wholly or mainly to taxation that either

Switzerland, the Union or any Member State are party to.";

(12) the following articles are inserted:

"ARTICLE 23a

Validity of residence permits and other special permits

Residence permits and other special permits issued by the Contracting Parties prior to the

entry into force of the Amending Protocol shall maintain their validity and shall be replaced,

upon their expiry, by documents provided for in this Agreement, where the conditions for the

issuance of those documents are met.

& /en 25

ARTICLE 23b

Transitional arrangements

1. With regard to matters falling within the scope of Directive 2004/38/EC1 the transitional

arrangements laid down in this paragraph shall apply:

(a) There shall be a transition period, which shall start on the date of entry into force of the

Amending Protocol and end 24 months after its entry into force.

(b) Articles 5k, 7a,7d,7e,7h, 7i and, for the purposes of this Agreement,

Directive 2004/38/EC2 shall apply from the first day following that of the end of the

transition period.

(c) The effects of the following provisions of the Agreement in the version prior to the

entry into force of the Amending Protocol shall be maintained during the transition

period:

– Articles 1 to 7 and Article 16, and

– Articles 1 to 9, 12 to 15, 17, 19, 20, 23 and Article 24, except the last sentence of

Article 24(4), of Annex I.

1 Directive as applicable according to Annex I. 2 Directive as applicable according to Annex I.

& /en 26

Those provisions shall not produce any effect with regard to matters falling within the scope

of other acts referred to in Annex I, in particular Regulation (EU) No 492/20111 and

Regulation (EU) 2016/5892 referred to in Section 2 of Annex I.

2. With regard to matters falling within the scope of Directive 96/71/EC3 and

Directive 2014/67/EU4, the transitional arrangements laid down in this paragraph shall apply:

(a) There shall be a transition period which shall start on the date of entry into force of the

Amending Protocol and end 36 months after its entry into force.

(b) Article 5f(2), Articles 5g, 5h, 5i and, for the purposes of this Agreement,

Directive 96/71/EC5 and Directive 2014/67/EU6 shall be applicable from the first day

following that of the end of the transition period.

(c) The effects of the following provisions of the Agreement in the version prior to the

entry into force of the Amending Protocol shall be maintained during the transition

period:

– Article 5(4), and Article 16, and

– Article 22(2), of Annex I.

Those provisions shall not produce any effect with regard to matters falling within the scope

of other acts referred to in Section 2 of Annex I.";

1 Regulation as applicable according to Annex I. 2 Regulation as applicable according to Annex I. 3 Directive as applicable according to Annex I. 4 Directive as applicable according to Annex I. 5 Directive as applicable according to Annex I. 6 Directive as applicable according to Annex I.

& /en 27

(13) Article 24 is replaced by the following:

"ARTICLE 24

Territorial scope

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

Union and the Treaty on the Functioning of the European Union (hereinafter referred to as

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

the territory of Switzerland.";

(14) Annex I to the Agreement is replaced by the text set out in Annex I attached to this Protocol;

(15) Annex II to the Agreement is replaced by the text set out in Annex II attached to this Protocol;

(16) Annex III to the Agreement is replaced by the text set out in Annex III attached to this

Protocol;

(17) the Protocol on secondary residences in Denmark shall be replaced by the text in the Protocol

on secondary residences in Denmark attached to this Protocol;

(18) Annex I of the 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 regarding the participation, as Contracting Parties, of the Czech

Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the

Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of

Poland, the Republic of Slovenia and the Slovak Republic pursuant to their accession to the

European Union, done at Brussels on 26 Octobre 2004, is deleted;

& /en 28

(19) the text of the Protocol on the acquisition of immovable property in Malta attached to this

Protocol, is added as an attachment to the Agreement;

(20) the text of the Protocol on Long Term Residence Permits, attached to this Protocol, is added

as an attachment to the Agreement;

(21) the Joint Declarations and the Unilateral Declaration, attached to this Protocol, are added to

the Declarations attached to the Final Act to the Agreement.

ARTICLE 2

Entry into force

1. This Protocol shall be ratified or approved by the Union and Switzerland in accordance with

their own procedures. The Union and Switzerland shall notify each other of the completion of the

internal procedures necessary to the entry into force of this Protocol.

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

notification regarding the following instruments:

(a) Institutional Protocol to the Agreement between the European Community and its

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

movement of persons;

(b) Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

& /en 29

(c) Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(d) State Aid Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(e) Institutional Protocol to the Agreement between the European Community and the

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

(f) Amending Protocol to the Agreement between the European Community and the

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

(g) State aid Protocol to the Agreement between the European Community and the

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

(h) Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products;

(i) Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

(j) Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

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

regular financial contribution towards reducing economic and social disparities in the

European Union;

& /en 30

(l) Agreement between the European Union and the European Atomic Energy Community, of the

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

Confederation in Union programmes;

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

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

the Space Programme.

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

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

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

texts being equally authentic.

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

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

Swiss Confederation")

& /en 1

ANNEX I

AMENDMENTS TO ANNEX I TO THE AGREEMENT

Annex I to the Agreement is replaced by the following:

"ANNEX I

FREE MOVEMENT OF PERSONS, RIGHT OF ESTABLISHMENT

AND PROVISION OF SERVICES

SECTION 1

For the purposes of the application of Articles 2 to 9 of this Agreement, the legal acts of the Union

listed in Section 2 of this Annex, shall apply subject to the principle of dynamic alignment referred

to in Article 5 of the Institutional Protocol to this Agreement, as well as subject to the exceptions

listed in paragraph 7 of that Article.

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

legal acts of the Union integrated into this Annex for Member States of the Union shall be

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

Institutional Protocol to this Agreement.

& /en 2

Without prejudice to Article 16 of the Institutional Protocol, and unless otherwise provided for in

technical adaptations, provisions of the acts listed in Section 2 that require the Member States to

provide information to other Member States or to the Commission shall apply to Switzerland. When

this information relates to surveillance or application, Switzerland shall communicate this

information via the Joint Committee.

SECTION 2

ACTS REFERRED TO:

1. 31977 L 0486: Council Directive 77/486/EEC of 25 July 1977 on the education of the

children of migrant workers (OJ L 199, 6.8.1977, p. 32).

2. 31996 L 0071: Directive 96/71/EC of the European Parliament and of the Council

of 16 December 1996 concerning the posting of workers in the framework of the provision of

services (OJ L 18, 21.1.1997, p. 1), as amended by:

– 32018 L 0957: Directive (EU) 2018/957 of the European Parliament and of the Council

of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the

framework of the provision of services (OJ L 173, 9.7.2018, p. 16).

& /en 3

The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptations:

(a) in Article 1(-1a) the words 'the exercise of fundamental rights as recognised in the

Member States and at Union level' are replaced by 'the exercise of fundamental rights as

recognised in the Member States and at Union level as well as in Switzerland';

(b) in Article 1(3):

(i) point (c) shall not apply to Switzerland;

(ii) the second and third subparagraphs shall not apply to Switzerland;

(c) in Article 3:

(i) paragraph 1b shall not apply to Switzerland;

(ii) in paragraph 10, the words 'the Treaties' are replaced by the words

'the Agreement';

(d) in Article 4(2):

(i) in the first subparagraph, last sentence, the words 'the Commission shall be

informed and shall take appropriate measures' are replaced by the words

'the Joint Committee shall be informed with a view to finding a solution.';

& /en 4

(ii) the second subparagraph is replaced by the following:

'The European Union and Switzerland shall cooperate closely within the Joint

Committee to examine any difficulties which might arise between the Contracting

Parties in the application of Article 3(10)';

(e) for the purposes of this Agreement, the Directive shall be applicable from the first day

following that of the end of the transition period set out in Article 23b(2) of the

Agreement.

3. 32004 L 0038: Directive 2004/38/EC of the European Parliament and of the Council

of 29 April 2004 on the right of citizens of the Union and their family members to move and

reside freely within the territory of the Member States amending Regulation

(EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC,

73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

(OJ L 158, 30.4.2004, p. 77, as corrected by OJ L 229, 29.6.2004, p. 35, OJ L 30, 3.2.2005,

p. 27 and OJ L 197, 28.7.2005, p. 34).

The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptations:

(a) this Agreement applies to nationals of the Contracting Parties. However, members of

their family within the meaning of the Directive possessing third country nationality

shall derive certain rights in accordance with Directive;

& /en 5

(b) the terms 'Union citizen' and 'Union citizens' are replaced by the terms 'national of a

Member State or Switzerland' and 'nationals of Member States and Switzerland',

respectively;

(c) Article 16 shall read as follows:

'1. Nationals of Member States and Switzerland who have resided legally on the

basis Article 7(1), point (a), or (3) for a total of five years in the territory of another

Contracting Party shall have the right of permanent residence there. This right shall not

be subject to the conditions provided for in Chapter III.

2. Provided that they are part of a single period of legal residence in the host State,

the periods to be taken into account for the purpose of calculating the acquisition of

permanent residence pursuant to paragraph 1 shall not be required to be continuous but

may be interrupted by periods of legal residence not on the basis Article 7(1), point (a),

or (3).

3. For the purposes of calculating the periods necessary for the acquisition of the

right of permanent residence in accordance with paragraph 1, Switzerland and the

Member States may decide not to take into account periods of six months or more

during which the person is fully reliant on social assistance.

4. The right of permanent residence shall also be acquired by family members who

have legally resided with a national of a Member State or of Switzerland in the host

State for a continuous period of five years.

& /en 6

5. Continuity of residence shall not be affected by temporary absences not exceeding

a total of six months a year, or by absences of a longer duration for compulsory military

service, or by one absence of a maximum of twelve consecutive months for important

reasons such as pregnancy and childbirth, serious illness, study or vocational training, or

a posting in another country.

6. Once acquired, the right of permanent residence shall be lost only through absence

from the host State for a period exceeding two consecutive years.

7. By derogation from paragraph 1, Member States and Switzerland may decide that

the right of permanent residence is acquired by nationals of Member States and

Switzerland who have resided legally for a continuous period of five years in the

territory of another Contracting Party.';

(d) in Article 24:

(i) in paragraph 1, the words 'Treaty and secondary law' shall read 'Agreement';

(ii) paragraph 2 is replaced by the following:

'By way of derogation from paragraph 1, the host State shall not be obliged to

confer entitlement to social assistance during the first three months of residence

or, where appropriate, the longer period provided for in Article 14(4), point (b),

nor shall it be obliged to grant maintenance aid for studies, including vocational

training, consisting in student grants or student loans to persons other than

workers, self-employed persons, persons who retain such status and members of

their families.';

& /en 7

(e) in Article 28, paragraphs 2 and 3 shall not apply;

(f) in Article 33, the following paragraph is added:

'Switzerland and the Member States may, instead of applying the procedures laid down

in paragraph 2, ensure that the enforcement of expulsion orders is carried out in line

with the requirements set out in Article 3 of Directive 64/221/EEC*

_______________

* Council Directive 64/221/EEC of 25 February 1964 on the co-ordination of

special measures concerning the movement and residence of foreign nationals

which are justified on grounds of public policy, public security or public health

(OJ 56, 4.4.1964, p. 850), as applicable at the time of the entry into force of the

Agreement on 1 June 2002';

(g) for the purposes of this Agreement, the Directive shall apply from the first day

following that of the end of the transition period set out in Article 23b(1) of this

Agreement.

4. 32006 R 0635: Commission Regulation (EC) No 635/2006 of 25 April 2006 repealing

Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a

Member State after having been employed in that State (OJ L 112, 26.4.2006, p. 9).

& /en 8

5. 32011 R 0492: Regulation (EU) No 492/2011 of the European Parliament and of the Council

of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011,

p. 1), as amended by:

– 32016 R 0589: Regulation (EU) 2016/589 of the European Parliament and of the

Council of 13 April 2016 (OJ L 107, 22.4.2016, p. 1),

– 32019 R 1149: Regulation (EU) 2019/1149 of the European Parliament and of the

Council of 20 June 2019 (OJ L 186, 11.7.2019, p. 21).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the

following adaptations:

(a) Article 9(1) shall read: 'Without prejudice to Article 7f of the Agreement, a worker who

is a national of a Contracting Party and who is employed in the territory of another

Contracting Party shall enjoy all the rights and benefits accorded to national workers in

matters of housing, including ownership of the housing he needs.';

(b) in Article 36:

(i) paragraph 1 shall not apply;

(ii) in paragraph 2, the reference to 'measures taken in accordance with Article 48 of

the Treaty on the Functioning of the European Union' shall be read as a reference

to the legal acts of the European Union in the field of social security integrated

into this Agreement.

& /en 9

6. 32012 R 1024: Regulation (EU) No 1024/2012 of the European Parliament and of the Council

of 25 October 2012 on administrative cooperation through the Internal Market Information

System and repealing Commission Decision 2008/49/EC (OJ L 316, 14.11.2012, p. 1), as

amended by:

– 32013 L 0055: Directive 2013/55/EU of the European Parliament and of the Council

of 20 November 2013 (OJ L 354, 28.12.2013, p. 132),

– 32014 L 0060: Directive 2014/60/EU of the European Parliament and of the Council

of 15 May 2014 (OJ L 159, 28.5.2014, p. 1), as corrected by OJ L 147, 12.6.2015, p. 24,

– 32014 L 0067: Directive 2014/67/EU of the European Parliament and of the Council

of 15 May 2014 (OJ L 159, 28.5.2014, p. 11),

– 32016 R 1191: Regulation (EU) 2016/1191 of the European Parliament and of the

Council of 6 July 2016 (OJ L 200, 26.7.2016, p. 1),

– 32016 R 1628: Regulation (EU) 2016/1628 of the European Parliament and of the

Council of 14 September 2016 (OJ L 252, 16.9.2016, p. 53), as corrected by

OJ L 231, 6.9.2019, p. 29,

– 32018 R 1724: Regulation (EU) 2018/1724 of the European Parliament and of the

Council of 2 October 2018 (OJ L 295, 21.11.2018, p. 1),

– 32020 L 1057: Directive (EU) 2020/1057 of the European Parliament and of the

Council of 15 July 2020 (OJ L 249, 31.7.2020, p. 49),

& /en 10

– 32020 R 1055: Regulation (EU) 2020/1055 of the European Parliament and of the

Council of 15 July 2020 (OJ L 249, 31.7.2020, p. 17).

Switzerland shall use the Internal Market Information System (IMI) as a third country for

exchanges of information, including personal data, with IMI actors within the Union to

implement administrative cooperation procedures where applicable for the purposes of this

Agreement.

For the purposes of this Agreement, the Commission continues to consider Switzerland to

provide adequate protection of personal data as referred to in Article 23(1)(c) of Regulation

(EU) No 1024/2012 as long as Decision 2000/518/EC1 remains in force. For the purposes of

this Annex and as defined in Article 4 of Directive 96/71/EC and Articles 6, 7, Article 10(3),

and Articles 14 to 18 of Directive 2014/67/EU, Switzerland shall use IMI in accordance with

the principles and modalities of exchanges set out in those Articles.

For the purposes of this Agreement, the Swiss Commissions Paritaires shall be considered to

be competent authorities within the meaning of Article 5, second paragraph, point (f), of

Regulation (EU) No 1024/2012 and Article 2, point (a), of Directive 2014/67/EU. They shall

use IMI for carrying out cooperation as referred to in Article 4 of Directive 96/71/EC and

Articles 6, 7 and Article 10(3) of Directive 2014/67/EU when, as entrusted by Switzerland,

they execute the Swiss collective labor agreements and the Swiss law on posted workers, in

accordance with Directive 96/71/EC and Directive 2014/67/EU.

1 Commission Decision 2000/518/EC of 26 July 2000 pursuant to Directive 95/46/EC of the

European Parliament and of the Council on the adequate protection of personal data provided

in Switzerland (OJ L 215, 25.8.2000, p. 1), including any subsequent amendments.

& /en 11

The provisions of Regulation (EU) No 1024/2012 shall, for the purposes of the Agreement, be

read with the following adaptations:

(a) in Article 5, first sentence, the reference to Directive 95/46/EC shall be understood, as

far as Switzerland is concerned, as a reference to the relevant national legislation;

(b) Article 8(1), point (e), shall not apply in respect of Switzerland;

(c) in Article 9(5), as regards Switzerland, the words 'Union law' shall be replaced by

'Union law as integrated into this Agreement';

(d) in Article 10(1), as regards Switzerland, the words 'in accordance with national or

Union legislation' are replaced by the words 'in accordance with Swiss legislation';

(e) in Article 16(1) and (2), references to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as references to the relevant national legislation;

(f) in Article 17(4), the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(g) in Article 18(1), the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(h) in Article 20, the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

& /en 12

(i) in Article 21:

(i) in paragraph 1, the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(ii) paragraph 3 shall not apply;

(j) Article 25 shall not apply;

(k) Article 26(1) shall be read in line with Article 13 of the Institutional Protocol to this

Agreement;

(l) Switzerland shall be included in the IMI on the first day of the thirty-seventh month

following the entry into force of the Amending Protocol.

7. 32014 L 0054: Directive 2014/54/EU of the European Parliament and of the Council

of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the

context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8).

The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptations:

(a) the words 'Union workers' are replaced by the word 'workers';

(b) in Articles 1 and 3, the words 'Article 45 TFEU' are replaced by the words

'the Agreement';

& /en 13

(c) in Article 4, the words 'Union rules on free movement of workers' are replaced by the

words 'the rules on free movement of workers pursuant to the Agreement' and the word

'SOLVIT' shall not apply;

(d) in Article 6, the words 'Union law' are replaced by the words 'the Agreement';

(e) in Article 7, the words 'Article 21 TFEU and Directive 2004/38/EC' are replaced by the

word 'the Agreement';

(f) for the purposes of this Agreement, the Directive shall be applicable from the first day

of the twenty-fifth month following the entry into force of the Amending Protocol.

8. 32014 L 0067: Directive 2014/67/EU of the European Parliament and of the Council

of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers

in the framework of the provision of services and amending Regulation (EU) No 1024/2012

on administrative cooperation through the Internal Market Information System

(the 'IMI Regulation') (OJ L 159, 28.5.2014, p. 11).

& /en 14

The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptations:

(a) in Article 1:

(i) in paragraph 1, second subparagraph, the words 'while facilitating the exercise of

the freedom to provide services for service providers and promoting fair

competition between service providers, and thus supporting the functioning of the

internal market' shall read 'while facilitating, to the extent provided for in the

Agreement, the exercise of the freedom to provide services and promoting, to the

extent provided for in the Agreement, fair competition between service providers,

and thus supporting the functioning of the fields related to the internal market in

which Switzerland participates';

(ii) in paragraph 2, the words 'the exercise of fundamental rights as recognised in

Member States and at Union level' are replaced by the words 'the exercise of

fundamental rights as recognised in Member States and at Union level as well as

in Switzerland';

(b) in Article 4(3), point (c), as regards Switzerland, the words 'according to Regulation

(EC) No 593/2008 (Rome I) and/or the Rome Convention' are replaced by the words

'according to the Convention on jurisdiction and the recognition and enforcement of

judgments in civil and commercial matters, done at Lugano on 30 October 2007';

& /en 15

(c) in Article 6:

(i) in paragraph 5, second subparagraph, the words 'the Commission being informed,

where relevant by means of IMI, shall take the appropriate measures' are replaced

by 'the Joint Committee shall be informed with a view to finding a solution.';

(ii) in paragraph 10, the words 'relevant national and Union law' are replaced by the

words 'relevant national law and the Agreement'.

(d) in Article 7(6), the words 'Union law' are replaced by the words 'the Agreement'.

(e) in Article 9:

(i) in paragraph 1:

– in the first subparagraph, the words 'Union law' are replaced by the words

'the Agreement';

– in the second subparagraph, point (a), the words 'at the latest at the

commencement of the service provision' shall read, for Switzerland, 'at the

latest at the commencement of the service provision a maximum of four

working days in specific sectors before the posting for service providers that

post workers on its territory in order to carry out on-site controls

(Switzerland shall define autonomously the sectors and areas covered by the

prior notification period on the basis of an objective risk analysis, in a

proportionate and non-discriminatory manner, taking into account, that the

Agreement limits the freedom to provide services to 90 days of actual work

per calendar year)':

& /en 16

(ii) in paragraph 3, the words 'the Union legislation' are replaced by the words

'the Agreement';

(iii) in paragraph 5, the second and third subparagraphs shall not apply to Switzerland;

(f) in Article 10(2), the following sentence is added:

'Switzerland shall define autonomously the control quantity and control density, as well

as the sectors and areas to be controlled, on the basis of an objective risk analysis, in a

proportionate and non-discriminatory manner, taking into account that the Agreement

limits the freedom to provide services to 90 days of actual work per calendar year';

(g) in Article 12:

(i) in paragraph 4, the words 'Union law' are replaced by the words 'the Agreement';

(ii) in paragraph 6, the words 'with Union and national law and/or practice' are

replaced by the words 'with the Agreement and national law and/or practice';

(iii) paragraph 8 shall not apply to Switzerland;

& /en 17

(h) in Article 20, the following sentences are added:

'In the case of service providers that have failed to meet their financial obligations

towards enforcement authorities and bodies with regard to a previous provision of

services, Switzerland shall be able to require the deposit of a proportionate financial

guarantee before they may provide services again in sectors determined on the basis of

an autonomous and objective risk analysis. In case of non-payment of the financial

guarantee, Switzerland shall be able to impose proportionate sanctions up to the

prohibition to provide services until the payment of the guarantee.';

(i) for the purposes of this Agreement, the Directive shall be applicable from the first day

following that of the end of the transition period set out in Article 23b(2) of the

Agreement.

9. 32016 R 0589: Regulation (EU) 2016/589 of the European Parliament and of the Council

of 13 April 2016 on a European network of employment services (EURES), workers' access

to mobility services and the further integration of labour markets and amending Regulations

(EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1), as amended by:

– 32019 R 1149: Regulation (EU) 2019/1149 of the European Parliament and of the

Council of 20 June 2019 (OJ L 186, 11.7.2019, p. 21).

& /en 18

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the

following adaptations:

(a) for the purposes of the Agreement, the Commission continues to consider Switzerland

to provide adequate protection of personal data as referred to under Article 34 of

Regulation (EU) 2016/589 as long as the Decision 2000/518/EC1 remains in force;

(b) the words 'Article 45 TFEU' are replaced by the words 'Article 4 of the Agreement';

(c) the words 'citizens of the Union' are replaced by the words 'nationals of Member States

and Switzerland';

(d) in Article 6:

(i) references to Article 3 of the Treaty on European Union and to Article 145 of the

Treaty on the Functioning of the European Union shall not apply;

(ii) in point (d), the words 'in the Union' are replaced by 'in the Union and

Switzerland' and the words 'in compliance with Union and national law and

practice' are replaced by 'in compliance with the Agreement and national law and

practice';

(e) in Article 9(4), point (c), the words 'existing Union rules and instruments' are replaced

by the words 'existing rules and instruments applicable pursuant to the Agreement';

1 Commission Decision 2000/518/EC of 26 July 2000 pursuant to Directive 95/46/EC of the

European Parliament and of the Council on the adequate protection of personal data provided

in Switzerland, including any subsequent amendments.

& /en 19

(f) in Article 34, the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation.

10. 32017 D 1255: Commission Implementing Decision (EU) 2017/1255 of 11 July 2017 on a

template for the description of national systems and procedures to admit organisations to

become EURES Members and Partners (OJ L 179, 12.7.2017, p. 18).

11. 32017 D 1256: Commission Implementing Decision (EU) 2017/1256 of 11 July 2017 on

templates and procedures for the exchange of information on the EURES network national

work programmes at Union level (OJ L 179, 12.7.2017, p. 24).

12. 32017 D 1257: Commission Implementing Decision (EU) 2017/1257 of 11 July 2017 on the

technical standards and formats required for a uniform system to enable matching of job

vacancies with job applications and CVs on the EURES portal (OJ L 179, 12.7.2017, p. 32).

13. 32018 D 0170: Commission Implementing Decision (EU) 2018/170 of 2 February 2018 on

uniform detailed specifications for data collection and analysis to monitor and evaluate the

functioning of the EURES network (OJ L 31, 3.2.2018, p. 104).

14. 32018 D 1020: Commission Implementing Decision (EU) 2018/1020 of 18 July 2018 on the

adoption and updating of the list of skills, competences and occupations of the European

classification for the purpose of automated matching through the EURES common IT

platform (OJ L 183, 19.7.2018, p. 17).

& /en 20

15. 32018 D 1021: Commission Implementing Decision (EU) 2018/1021 of 18 July 2018 on the

adoption of technical standards and formats necessary for the operation of the automated

matching through the common IT platform using the European classification and the

interoperability between national systems and the European classification

(OJ L 183, 19.7.2018, p. 20).

16. 32018 R 1724: Regulation (EU) 2018/1724 of the European Parliament and of the Council

of 2 October 2018 establishing a single digital gateway to provide access to information, to

procedures and to assistance and problem-solving services and amending Regulation

(EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1), as amended by:

– 32022 R 0868: Regulation (EU) 2022/868 of the European Parliament and of the

Council of 30 May 2022 (OJ L 152, 3.6.2022, p. 1),

– 32024 R 1252: Regulation (EU) 2024/1252 of the European Parliament and of the

Council of 11 April 2024 (OJ L, 2024/1252, 3.5.2024),

– 32024 R 1735: Regulation (EU) 2024/1735 of the European Parliament and of the

Council of 13 June 2024 (OJ L, 2024/1735, 28.6.2024).

Some of the areas referred to in Annex I to Regulation (EU) 2018/1724 and some of the

procedures referred to in Annex II to that Regulation fall outside the scope of this Agreement.

The integration of that Regulation in this Agreement is without prejudice to the scope of the

Agreement.

& /en 21

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the

following adaptations:

(a) in Article 1(1):

(i) in point (a), the words 'derived from Union law in the field of the internal market,

within the meaning of Article 26(2) TFEU' are replaced by the words 'derived

from the Agreement';

(ii) in point (b), the references to Directives 2006/123/EC, 2014/24/EU

and 2014/25/EU shall not apply;

(b) in Article 13(2), point (c), the reference to Regulation (EU) No 910/2014 shall be

understood, as far as Switzerland is concerned, as a reference to the relevant national

legislation;

(c) in Article 14:

(i) in paragraph 1, the references to Directives 2006/123/EC, 2014/24/EU

and 2014/25/EU shall not apply;

(ii) in paragraph 5, the reference to Regulation (EU) 2016/679 shall be understood, as

far as Switzerland is concerned, as a reference to the relevant national legislation;

(d) in Article 30(1), point (b), the reference to Regulation (EU) No 910/2014 shall be

understood, as far as Switzerland is concerned, as a reference to the relevant national

legislation.

& /en 22

17. 32019 R 1157: Regulation (EU) 2019/1157 of the European Parliament and of the Council

of 20 June 2019 on strengthening the security of identity cards of Union citizens and of

residence documents issued to Union citizens and their family members exercising their right

of free movement (OJ L 188, 12.7.2019, p. 67).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the

following adaptations:

(a) the terms 'Union citizen' and 'Union citizens' are replaced by the terms 'national of a

Member State or Switzerland' and 'nationals of Member States and Switzerland',

respectively;

(b) in Article 3:

(i) in paragraph 4, as regards Switzerland, the words 'printed in negative in a blue

rectangle and encircled by 12 yellow stars' shall not apply;

(ii) in paragraph 5, as regards Switzerland, the following subparagraph is added:

'By derogation from the first subparagraph, where identity cards are issued

without a highly secure storage medium containing the two fingerprints of the

holder, such identity cards shall not be accepted for the purposes of entry and

residence in other Contracting Parties and shall be visually distinguishable from

identity cards complying with the requirements of the first subparagraph.';

& /en 23

(c) in Article 5:

(i) in paragraph 1, as regards Switzerland, the words 'by 3 August 2031' shall read

'eleven years after the date of entry into force of the 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

("the Amending Protocol")';

(ii) in paragraph 2, as regards Switzerland, the words 'by 3 August 2026' shall read

'six years after the date of entry into force of the Amending Protocol';

(d) in Article 6, point (h), as regards Switzerland, the words 'printed in negative in a blue

rectangle and encircled by twelve yellow stars' shall not apply;

(e) in Article 7(2), as regards the Member States, the words 'Family Member EU' shall be

replaced by the words 'Family Member CH';

(f) in Article 8:

(i) in paragraph 1, as regards Switzerland, the words 'by 3 August 2026' shall read

'six years after the date of entry into force of the Amending Protocol';

(ii) in paragraph 2, as regards Switzerland, the words 'by 3 August 2023' shall read

'three years after the date of entry into force of the Amending Protocol';

(g) in Article 10(2), as regards Switzerland, the words “the Charter” shall not apply;

& /en 24

(h) in Article 11:

(i) as regards Switzerland, references to Regulation (EU) 2016/679 shall be

understood as a reference to the relevant national legislation.

(ii) in paragraph 4, as regards Switzerland, the word 'Union' shall read

'the Agreement';

(i) in Article 16, as regards Switzerland, the words '2 August 2021' shall read 'one year

after the date of entry into force of the Amending Protocol';

18. 32020 R 1121: Commission Implementing Regulation (EU) 2020/1121 of 29 July 2020 on the

collection and sharing of user statistics and feedback on the services of the single digital

gateway in accordance with Regulation (EU) 2018/1724 of the European Parliament and of

the Council (OJ L 245, 30.7.2020, p. 3).".

________________

& /en 1

ANNEX II

CO-ORDINATION OF SOCIAL SECURITY SCHEMES

Amendments to Annex II to the Agreement

Annex II to the Agreement is replaced by the following:

"ANNEX II

CO-ORDINATION OF SOCIAL SECURITY SCHEMES

I. INTRODUCTION

For the purposes of the application of Articles 2 to 9 of the Agreement, the legal acts of the

Union listed in Section II of this Annex shall apply subject to the principle of dynamic

alignment referred to in Article 5 of the Institutional Protocol to this Agreement, as well as

subject to the exceptions listed in paragraph 7 of that Article.

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

the legal acts of the Union integrated into this Annex for Member States of the Union shall be

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

Institutional Protocol to this Agreement.

& /en 2

Without prejudice to Article 16 of the Institutional Protocol to this Agreement, and unless

otherwise provided for in technical adaptations, provisions of the acts listed in Section II that

require the Member States to provide information to other Member States or to the

Commission shall apply to Switzerland. When this information relates to surveillance or

application, Switzerland shall communicate this information via the Joint Committee.

II. SECTORAL ADAPTATIONS

1. With regard to the acts listed in this Annex, the following exceptions shall apply as

regards Switzerland:

(a) cantonal legislation concerning the advances of maintenance payments shall be

excluded from the coordination rules on social security;

(b) supplementary benefits and similar benefits provided for under cantonal

legislation shall not be exported;

(c) non-contributory mixed benefits in the event of unemployment, as provided for by

cantonal legislation, shall not be exported;

(d) persons to whom the Agreement applies and residing outside Switzerland and the

Union may join the voluntary insurance scheme not later than one year from the

date on which they ceased to be covered by old-age, survivors' and invalidity

insurance and after a continuous period of insurance of at least five years;

& /en 3

(e) persons working outside Switzerland and the Union for an employer in

Switzerland and who cease to be insured under Swiss old-age, survivors' and

invalidity insurance after a continuous period of insurance of at least five years

may continue the insurance, with the consent of the employer, if they submit an

application within six months of the date on which they ceased to be insured;

(f) the helplessness allowance granted under the Federal Law on invalidity insurance

of 19 June 1959 and under the Federal Law on old-age and survivors' insurance

of 20 December 1946 shall not be exported.

2. The modalities for the participation of Switzerland in the Administrative Commission

for the Coordination of Social Security Systems and in the Technical Commission for

Data Processing and in the Audit Board, both attached to the Administrative

Commission, shall be the following:

Switzerland may send a representative, present in an advisory capacity (observer), to the

meetings of the Administrative Commission for the Coordination of Social Security

systems, attached to the European Commission, and to the meetings of the Technical

Commission for data processing and of the Audit Board.

3. Special provisions concerning the transitory arrangements relating to unemployment

insurance for nationals of certain Member States holding a Swiss residence permit valid

for less than one year, concerning the Swiss allowances for helpless persons and

concerning the transitional period for the application of Regulation (EC) No 883/2004

to the extended pension scheme under the occupational benefit plans are set out in

Protocol I, which forms an integral part of this Annex.

& /en 4

4. The arrangements relating to the protection of rights acquired by private individuals

under this Agreement as a consequence of the United Kingdom's withdrawal from the

Union are set out in Protocol II, which forms an integral part of this Annex.

A. GENERAL SOCIAL SECURITY COORDINATION

A.1 ACTS REFERRED TO

1. 32004 R 0883: Regulation (EC) No 883/2004 of the European Parliament and of the

Council of 29 April 2004 on the coordination of social security systems

(OJ L 166, 30.4.2004, p. 1), as corrected by OJ L 200, 7.6.2004, p. 1 and

OJ L 204, 4.8.2007, p. 30, as amended by:

– 32009 R 0988: Regulation (EC) No 988/2009 of the European Parliament and of

the Council of 16 September 2009 (OJ L 284, 30.10.2009, p. 43),

– 32010 R 1244: Commission Regulation (EU) No 1244/2010 of 9 December 2010

(OJ L 338, 22.12.2010, p. 35),

– 32012 R 0465: Regulation (EU) No 465/2012 of the European Parliament and of

the Council of 22 May 2012 (OJ L 149, 8.6.2012, p. 4),

– 32012 R 1224: Commission Regulation (EU) No 1224/2012

of 18 December 2012 (OJ L 349, 19.12.2012, p. 45),

– 32013 R 0517: Council Regulation (EU) No 517/2013 of 13 May 2013

(OJ L 158, 10.6.2013, p. 1),

& /en 5

– 32013 R 1372: Commission Regulation (EU) No 1372/2013

of 19 December 2013 (OJ L 346, 20.12.2013, p. 27), as amended by:

– 32014 R 1368: Commission Regulation (EU) No 1368/2014

of 17 December 2014 (OJ L 366, 20.12.2014, p. 15), as corrected by

OJ L 288, 22.10.2016, p. 58,

– 32017 R 0492: Commission Regulation (EU) 2017/492 of 21 March 2017

(OJ L 76, 22.3.2017, p. 13),

– 32019 R 1149: Regulation (EU) 2019/1149 of the European Parliament and of the

Council of 20 June 2019 (OJ L 186, 11.7.2019, p. 21).

For the purposes of this Agreement, Regulation (EC) No 883/2004 shall be adapted as

follows:

(a) the following text is added to Annex I, Section I:

'Switzerland

Cantonal legislation concerning the advances of maintenance payments based on

Articles 131a paragraph 1 and 293 paragraph 2 of the Federal Civil Act

of 10 December 1907.';

& /en 6

(b) the following text is added to Annex I, Section II:

'Switzerland

Birth grants and adoption grants pursuant to the relevant cantonal legislation

based on Article 3 paragraph 2 of the Federal Law on Family Allowances

of 24 March 2006.';

(c) the following text is added to Annex II:

'Germany-Switzerland

(a) Convention on social security of 25 February 1964, as amended by

Complementary Conventions No 1 of 9 September 1975 and No 2

of 2 March 1989:

(i) point 9b, paragraph 1, Nos 1-4 of the Final Protocol (legislation

applicable and entitlement to sickness benefits in kind for residents of

the German exclave of Büsingen);

(ii) point 9e, paragraph 1(b), first, second and fourth sentences, of the

Final Protocol (access to voluntary sickness insurance in Germany by

relocation in Germany).

& /en 7

(b) Convention on unemployment insurance of 20 October 1982, as amended

by the Additional Protocol of 22 December 1992:

Article 8(5), Germany (district of Büsingen) shall contribute a sum

equivalent to the cantonal contribution under Swiss law towards the cost of

actual places on employment-promotion measures for workers subject to

this provision.

Spain-Switzerland

Point 17 of the Final Protocol to the Convention on social security

of 13 October 1969, as amended by the Complementary Convention

of 11 June 1982; persons insured under the Spanish scheme by virtue of this

provision are exempted from the requirement to join the Swiss sickness insurance

scheme.

Italy-Switzerland

Article 9(1) of the Convention on social security of 14 December 1962, as

amended by Complementary Convention No 1 of 18 December 1963, the

Complementary Agreement of 4 July 1969, the Additional Protocol

of 25 February 1974 and Complementary Agreement No 2 of 2 April 1980.';

(d) the following text is added to Annex IV:

'Switzerland';

& /en 8

(e) the following text is added to Annex VIII, part 1:

'Switzerland

All claims for old-age, survivors' and invalidity pensions under the basic scheme

(Federal Law on old-age and survivors' insurance of 20 December 1946 and

Federal Law on invalidity insurance of 19 June 1959) and old-age pensions from

the minimum and the extended pension scheme under the statutory occupational

benefit plans (Federal Law on occupational benefit plans for old-age, survivors'

and invalidity insurance of 25 June 1982).';

(f) the following text is added to Annex VIII, part 2:

'Switzerland

Old-age, survivors' and invalidity pensions from the minimum and the extended

pension scheme under the statutory occupational benefit plans (Federal Law on

occupational benefit plans for old-age, survivors' and invalidity insurance

of 25 June 1982).';

(g) the following text is added to Annex IX, part II:

'Switzerland

Survivors' and invalidity pensions from the minimum and the extended pension

scheme under the statutory occupational benefit plans (Federal Law on

occupational benefit plans for old-age, survivors' and invalidity insurance

of 25 June 1982).';

& /en 9

(h) the following text is added to Annex X:

'Switzerland

1. Supplementary benefits (Federal Law on Supplementary Benefits

of 6 October 2006) and similar benefits provided for under cantonal

legislation.

2. Pensions in the case of hardship under invalidity insurance (Article 28

subparagraph 1a of the Federal Law on Invalidity Insurance

of 19 June 1959, as amended on 7 October 1994).

3. Non-contributory mixed benefits in the event of unemployment, as provided

for under cantonal legislation.

4. Non-contributory extraordinary invalidity pensions for disabled persons

(Article 39 of the Federal Law on Invalidity Insurance of 19 June 1959) who

have not been subject, before their incapacity for work, to the Swiss

legislation on the basis of an activity as an employed or self-employed

person.';

& /en 10

(i) the following text is added to Annex XI:

'Switzerland

1. Article 2 of the Federal Law on Old-Age and Survivors' Insurance

of 20 December 1946 and Article 1b of the Federal Law on Invalidity

Insurance of 19 June 1959, which govern voluntary insurance in those

insurance branches for Swiss nationals resident in States not subject to this

Agreement, shall be applicable to persons resident outside Switzerland who

are nationals of the other States to which this Agreement applies, and to

refugees and stateless persons resident in the territory of those States, where

those persons join the voluntary insurance scheme not later than one year

from the date on which they ceased to be covered by old-age, survivors' and

invalidity insurance after a continuous period of insurance of at least five

years.

2. Where a person ceases to be insured under Swiss old-age, survivors' and

invalidity insurance after a continuous period of insurance of at least five

years, he shall continue to be entitled to be insured with the agreement of

the employer if he works in a State to which this Agreement does not apply

for an employer in Switzerland and if he submits an application to this effect

within six months of the date on which he ceases to be insured.

& /en 11

3. Compulsory insurance under Swiss sickness insurance and possible

exemptions

(a) The Swiss legal provisions governing compulsory sickness insurance

shall apply to the following persons not resident in Switzerland:

(i) persons subject to Swiss legal provisions under Title II of the

Regulation;

(ii) persons for whom Switzerland shall bear the costs of benefits

according to Articles 24, 25, 26 of the Regulation;

(iii) persons receiving Swiss unemployment insurance benefits;

(iv) family members of persons referred to in points (i) and (iii) or of

an employed or self-employed person resident in Switzerland

who is insured under the Swiss sickness insurance scheme,

unless those family members are resident in one of the following

States: Denmark, Spain, Hungary, Portugal or Sweden;

(v) family members of persons referred to in point (ii) or of a

pensioner resident in Switzerland who is insured under the

Swiss sickness insurance scheme, unless those family members

are resident in one of the following States: Denmark, Portugal or

Sweden.

& /en 12

As family members are considered those persons who are defined as

family members according to the legislation of the State of residence.

(b) Persons referred to in point (a) may, on request, be exempted from

compulsory insurance if, and as long as, they are resident in one of the

following States and can prove that they are eligible for cover in the

event of sickness: Germany, France, Italy, Austria, and, with regard to

persons referred to in point (a)(iv) and (v), Finland, and, with regard

to persons referred to in point (a)(ii), Portugal.

The request referred to in point (b) shall:

(a) be submitted within three months of the date on which the

obligation to take out insurance in Switzerland comes into

effect; where, in justified cases, the request is submitted after

this deadline, the exemption shall take effect as from the

commencement of the insurance obligation;

(b) apply to all family members residing in the same State.

& /en 13

4. Where a person subject to Swiss legal provisions under Title II of the

Regulation is, in application of point 3(b), subject for the purposes of

sickness insurance to the legal provisions of another State covered by this

Agreement, the costs of those benefits in kind for non-occupational

accidents shall be shared equally between the Swiss insurer against

occupational and non-occupational accidents and industrial diseases and the

competent sickness insurance institution if an entitlement exists to benefits

in kind from both bodies. The Swiss insurer against occupational and non-

occupational accidents and industrial diseases shall meet all costs in the

event of occupational accidents, accidents on the way to work or industrial

diseases, even where there is an entitlement to benefits from a sickness

insurance body in the country of residence.

5. Persons who are working, but not residing in Switzerland and who have

statutory insurance cover in their State of residence in accordance with

point 3(b), as well as their family members, shall benefit from the

provisions of Article 19 of the Regulation during a stay in Switzerland.

6. For the purpose of applying Articles 18, 19, 20 and 27 of the Regulation in

Switzerland, the competent insurer shall bear all invoiced costs.

7. Periods of daily allowance insurance completed under the insurance scheme

of another State to which this Agreement applies shall be taken into account

for reducing or lifting a possible reserve in daily allowance insurance in the

event of maternity or sickness where the person becomes insured with a

Swiss insurer within three months of ceasing to be covered by insurance in

another country.

& /en 14

8. Where a person who was gainfully employed or self-employed in

Switzerland and covering his vital needs has had to cease his activity owing

to an accident or illness and is no longer subject to Swiss legislation on

invalidity insurance, that person shall be considered to be covered by that

insurance for the purposes of eligibility for rehabilitation measures until the

payment of an invalidity pension and throughout the period during which

the person benefits from those measures, provided that he has not taken up a

new activity outside Switzerland.'.

For the purposes of this Agreement, Regulation (EC) No 883/2004 shall be read with

the following adaptation:

In Article 77(2) and 78, the reference to Community provisions on the protection of

natural persons with regard to the processing and free movement of personal data shall

be understood, as far as Switzerland is concerned, as a reference to the relevant national

legislation.

2. 32019 R 0500: Regulation (EU) 2019/500 of the European Parliament and of the

Council of 25 March 2019 establishing contingency measures in the field of social

security coordination following the withdrawal of the United Kingdom from the Union

(OJ L 85I, 27.3.2019, p. 35).

& /en 15

3. 32009 R 0987: Regulation (EC) No 987/2009 of the European Parliament and of the

Council of 16 September 2009 laying down the procedure for implementing Regulation

(EC) No 883/2004 on the coordination of social security systems

(OJ L 284, 30.10.2009, p. 1), as amended by:

– 32010 R 1244: Commission Regulation (EU) No 1244/2010 of 9 December 2010

(OJ L 338, 22.12.2010, p. 35),

– 32012 R 0465: Regulation (EU) No 465/2012 of the European Parliament and of

the Council of 22 May 2012 (OJ L 149, 8.6.2012, p. 4),

– 32012 R 1224: Commission Regulation (EU) No 1224/2012

of 18 December 2012 (OJ L 349, 19.12.2012, p. 45),

– 32013 R 1372: Commission Regulation (EU) No 1372/2013

of 19 December 2013 (OJ L 346, 20.12.2013, p. 27),

– 32014 R 1368: Commission Regulation (EU) No 1368/2014

of 17 December 2014 (OJ L 366, 20.12.2014, p. 15), as corrected by

OJ L 288, 22.10.2016.p. 58,

– 32017 R 0492: Commission Regulation (EU) 2017/492 of 21 March 2017

(OJ L 76, 22.3.2017, p. 13).

& /en 16

For the purposes of this Agreement, Regulation (EC) No 987/2009 shall be adapted as

follows:

The following text is added to Annex 1:

'Agreement between Switzerland and Portugal of 25 May 2016 on the offsetting of

claims

Agreement between Switzerland and Greece of 15 November 2017 on the offsetting of

claims concerning benefits in kind according to Regulations (ECC) No 1408/71 and

(ECC) No 574/72 and Regulations (EC) No 883/2004 and (EC) No 987/2009

Agreement between Switzerland and Italy of 27 February 2023 on the offsetting of

claims.

For the purposes of this Agreement, Regulation (EC) No 987/2009 shall be read with

the following adaptation:

In Article 3(3), the reference to Community provisions on the protection of natural

persons with regard to the processing and free movement of personal data shall be

understood, as far as Switzerland is concerned, as a reference to the relevant national

legislation.

& /en 17

4. 31971 R 1408: Council Regulation (EEC) No 1408/71 of 14 June 1971 on the

application of social security schemes to employed persons, to self-employed persons

and to the members of their families moving within the Community

(OJ L 149, 5.7.1971, p. 2), as last amended by Regulation (EC) No 592/2008 of the

European Parliament and of the Council (OJ L 177, 4.7.2008, p. 1), as applicable

between Switzerland and the Member States before the entry into force of

Decision 1/2012 of 31 March 2012 of the Joint Committee1, and when referred to in

Regulation (EC) No 883/2004 or (EC) No 987/2009 or when cases are concerned which

occurred in the past.

5. 31972 R 0574: Council Regulation (EEC) No 574/72 of 21 March 1972 laying down

the procedure for implementing Regulation (EEC) No 1408/71 on the application of

social security schemes to employed persons, to self-employed persons and to the

members of their families moving within the Community (OJ L 74, 27.3.1972, p. 1), as

last amended by Commission Regulation (EC) No 120/2009 (OJ L 39, 10.2.2009, p. 2),

as applicable between Switzerland and the Member States before the entry into force of

Decision 1/2012 of 31 March 20122 of the Joint Committee, and when referred to in

Regulation (EC) No 883/2004 or (EC) No 987/2009 or when cases are concerned which

occurred in the past.

1 Decision No 1/2012 of the Joint Committee established under 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 of 31 March 2012 replacing Annex II to that

Agreement on the coordination of social security schemes (OJ L 103, 13.4.2012, p. 51). 2 Decision No 1/2012 of the Joint Committee established under 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 of 31 March 2012 replacing Annex II to that

Agreement on the coordination of social security schemes (OJ L 103, 13.4.2012, p. 51).

& /en 18

A.2 ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE ACCOUNT

1. 32010 D 0424(01): Decision of the Administrative Commission for the Coordination of

Social Security Systems No A1 of 12 June 2009 concerning the establishment of a

dialogue and conciliation procedure concerning the validity of documents, the

determination of the applicable legislation and the provision of benefits under

Regulation (EC) No 883/2004 of the European Parliament and of the Council

(OJ C 106, 24.4.2010, p. 1).

2. 32010 D 0424(02): Decision of the Administrative Commission for the Coordination of

Social Security Systems No A2 of 12 June 2009 concerning the interpretation of

Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the

Council on the legislation applicable to posted workers and self-employed workers

temporarily working outside the competent State (OJ C 106, 24.4.2010, p. 5).

3. 32010 D 0608(01): Decision of the Administrative Commission for the Coordination of

Social Security Systems No A3 of 17 December 2009 concerning the aggregation of

uninterrupted posting periods completed under the Council Regulation

(EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and

of the Council (OJ C 149, 8.6.2010, p. 3).

4. 32014 D 0520(03): Decision No E4 of 13 March 2014 concerning the transitional

period as defined in Article 95 of Regulation (EC) No 987/2009 of the European

Parliament and of the Council (OJ C 152, 20.5.2014, p. 21).

& /en 19

5. 32017 D 0719(01): Decision No E5 of 16 March 2017 concerning the practical

arrangements for the transitional period for the data exchange via electronic means

referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and

of the Council (OJ C 233, 19.7.2017, p. 3).

6. 32018 D 1004 (02): Decision No E6 of 19 October 2017 concerning the determination

of when an electronic message is considered legally delivered in the Electronic

Exchange of Social Security Information (EESSI) system (OJ C 355, 4.10.2018, p. 5).

7. 32020 D 0306 (01): Decision No E7 of 27 June 2019 concerning practical arrangements

for cooperation and data exchange until the Electronic Exchange of Social Security

Information (EESSI) is fully implemented in Member States (OJ C 73, 6.3.2020, p. 5).

8. 32024 D 06842: Administrative Commission for the Coordination of Social Security

Systems Decision No E8 of 14 March 2024 Concerning the establishment of a change

management procedure applying to details of the bodies defined in Article 1 of

Regulation (EC) No 883/2004 which are listed in the electronic directory which is an

inherent part of EESSI (OJ C, C/2024/6842, 12.11.2024)

9. 32010 D 0424(04): Decision of the Administrative Commission for the Coordination of

Social Security Systems No F1 of 12 June 2009 concerning the interpretation of

Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the

Council relating to priority rules in the event of overlapping of family benefits

(OJ C 106, 24.4.2010, p. 11).

& /en 20

10. 32016 D 0211(05): Decision No F2 of 23 June 2015 on the exchange of data between

institutions for the purpose of granting family benefits (OJ C 52, 11.2.2016, p. 11).

11. 32019 D 0626(01): Decision No F3 of 19 December 2018 concerning the interpretation

of Article 68 of Regulation (EC) No 883/2004 relating to the method for the calculation

of the differential supplement (OJ C 215, 26.6.2019, p. 2).

12. 32010 D 0424(05): Decision of the Administrative Commission for the Coordination of

Social Security Systems No H1 of 12 June 2009 concerning the framework for the

transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to

Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and

of the Council and the application of Decisions and Recommendations of the

Administrative Commission for the coordination of social security systems

(OJ C 106, 24.4.2010, p. 13).

13. 32010 D 0608(02): Decision of the Administrative Commission for the Coordination of

Social Security Systems No H 5 of 18 March 2010 concerning cooperation on

combating fraud and error within the framework of Council Regulation

(EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and

of the Council on the coordination of social security systems (OJ C 149, 8.6.2010, p. 5).

14. 32011 D 0212(01): Decision No H6 of 16 December 2010 concerning the application of

certain principles regarding the aggregation of periods under Article 6 of Regulation

(EC) No 883/2004 on the coordination of social security systems (OJ C 45, 12.2.2011,

p. 5).

& /en 21

15. 32021 D 0506 (01): Decision No H11 of 9 December 2020 regarding the postponement

of deadlines mentioned in Articles 67 and 70 of Regulation (EC) No 987/2009 as well

as in Decision No S9 due to the COVID-19 Pandemic (OJ C 170, 6.5.2021, p. 4).

16. 32022 D 0228 (01): Decision No H12 of 19 October 2021 concerning the date to be

taken into consideration for determining the rates of conversion referred to in Article 90

of Regulation (EC) No 987/2009 of the European Parliament and of the Council

(OJ C 93, 28.2.2022, p. 6).

17. 32022 D 0810(01): Decision No H13 of 30 March 2022 concerning the composition and

working methods of the Audit Board of the Administrative Commission for the

Coordination of Social Security Systems (Text of relevance to the EEA and to the

EC/Switzerland Agreement) 2022/C 305/03 (OJ C 305, 10.8.2022, p. 4).

18. 32024 D 00594: Decision No H14 of 21 June 2023 concerning the publication of the

Guidance note on COVID-19 pandemic, the note on the interpretation of the application

of Title II of Regulation (EC) No 883/2004 and Articles 67 and 70 of Regulation

(EC) No 987/2009 during the COVID-19 pandemic, the Guidance note on telework

applicable for the period between 1 July 2022 and 30 June 2023 and the Guidance note

on telework applicable from 1 July 2023 (OJ C/2024/594, 11.01.2024).

19. 32024 D 06845: Decision No H15 of 27 June 2024 concerning the methods of operation

and the composition of the Technical Commission for Data Processing of the

Administrative Commission for the Coordination of Social Security Systems

(OJ C, C/2024/6845, 14.11.2024).

& /en 22

20. 32010 D 0424(07): Decision of the Administrative Commission for the Coordination of

Social Security Systems No P1 of 12 June 2009 on the interpretation of

Articles 50(4), 58 and 87(5) of Regulation (EC) No 883/2004 of the European

Parliament and of the Council for the award of invalidity, old-Age and survivors'

benefits (OJ C 106, 24.4.2010, p. 21).

21. 32013 D 0927(01): Decision No R1 of 20 June 2013 concerning the interpretation of

Article 85 of Regulation (EC) No 987/2009 (OJ C 279, 27.9.2013, p. 11).

22. 32010 D 0424(08): Decision of the Administrative Commission for the Coordination of

Social Security Systems No S1 of 12 June 2009 concerning the European Health

Insurance Card (OJ C 106, 24.4.2010, p. 23).

23. 32010 D 0424(09): Decision of the Administrative Commission for the Coordination of

Social Security Systems No S2 of 12 June 2009 concerning the technical specifications

of the European Health Insurance Card (OJ C 106, 24.4.2010, p. 26).

24. 32010 D 0424(10): Decision of the Administrative Commission for the Coordination of

Social Security Systems No S3 of 12 June 2009 defining the benefits covered by

Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament

and of the Council and Article 25(A) (3) of Regulation (EC) No 987/2009 of the

European Parliament and of the Council (OJ C 106, 24.4.2010, p. 40).

& /en 23

25. 32010 D 0424(15): Decision of the Administrative Commission for the Coordination of

Social Security Systems No S5 of 2 October 2009 on interpretation of the concept of

'benefits in kind' as defined in Article 1(va) of Regulation (EC) No 883/2004 of the

European Parliament and of the Council in the event of sickness or maternity pursuant

to Articles 17, 19, 20, 22, 24 (1), 25, 26, 27 (1, 3, 4 and 5), 28, 34 and 36 (1 and 2) of

Regulation (EC) No 883/2004 and on calculation of the amounts to be refunded under

Articles 62, 63 and 64 of Regulation (EC) No 987/2009 of the European Parliament and

of the Council (OJ C 106, 24/04/2010, p. 54).

26. 32010 D 0427(02): Decision of the Administrative Commission for the Coordination of

Social Security Systems No S6 of 22 December 2009 concerning the registration in the

Member State of residence under Article 24 of Regulation (EC) No 987/2009 and the

compilation of the inventories provided for in Article 64(4) of Regulation

(EC) No 987/2009 (OJ C 107, 27/04/2010, p. 6).

27. 32011 D 0906(01): Decision No S8 of 15 June 2011 concerning the granting of

prostheses, major appliances and other substantial benefits in kind provided for in

Article 33 of Regulation (EC) No 883/2004 on the coordination of social security

systems (OJ C 262, 6.9.2011, p. 6).

28. 32014 D 0520(02): Decision No S10 of 19 December 2013 concerning the transition

from Regulations (EEC) Nos 1408/71 and 574/72 to Regulations (EC) Nos 883/2004

and 987/2009 and the application of reimbursement procedures (OJ C 152, 20.5.2014,

p. 16).

& /en 24

29. 32021 D 0618(01): Decision No S11 of 9 December 2020 concerning refund procedures

for the implementation of Articles 35 and 41 of Regulation (EC) No 883/2004

(OJ C 236, 18.6.2021, p. 4).

30. 32025 D 01598: Decision No S12 of 16 October 2024 concerning the reimbursement of

healthcare in connection to patients' transfer to another Member State in case of mass

casualties following disasters (OJ C, C/2025/1598, 13.3.2025).

31. 32010 D 0424(11): Decision of the Administrative Commission for the Coordination of

Social Security Systems No U1 of 12 June 2009 concerning Article 54(3) of Regulation

(EC) No 987/2009 of the European Parliament and of the Council relating to increases

in unemployment benefit for dependent members of the family (OJ C 106, 24.4.2010,

p. 26).

32. 32010 D 0424(12): Decision of the Administrative Commission for the Coordination of

Social Security Systems No U2 of 12 June 2009 concerning the scope of Article 65(2)

of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the

right to unemployment benefits of wholly unemployed persons other than frontier

workers who were resident in the territory of a Member State other than the competent

Member State during their last period of employment or self-employment

(OJ C 106, 24.4.2010, p. 43).

33. 32010 D 0424(13): Decision of the Administrative Commission for the Coordination of

Social Security Systems No U3 of 12 June 2009 concerning the scope of the concept of

'partial unemployment' applicable to the unemployed persons referred to in Article 65(1)

of Regulation (EC) No 883/2004 of the European Parliament and of the Council

(OJ C 106, 24.4.2010, p. 45).

& /en 25

34. 32012 D 0225(01): Decision No U4 of 13 December 2011 concerning the

reimbursement procedures under Article 65(6) and (7) of Regulation (EC) No 883/2004

and Article 70 of Regulation (EC) No 987/2009 (OJ C 57, 25.2.2012, p. 4).

A.3 ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

1. 32018 H 0529(01): Recommendation No A1 of 18 October 2017 concerning the

issuance of the attestation referred to in Article 19(2) of Regulation (EC) No 987/2009

of the European Parliament and of the Council (OJ C 183, 29.5.2018, p. 5).

2. 32013 H 0927(01): Recommendation No H1 of 19 June 2013 concerning the Gottardo

judgment, according to which the advantages enjoyed by a State's own nationals under a

bilateral convention on social security with a non-member country must also be granted

to workers who are nationals of other Member States (OJ C 279, 27.09.2013, p. 13).

3. 32019 H 0429(01): Recommendation No H2 of 10 October 2018 concerning the

inclusion of authentication features to Portable Documents issued by the institution of a

Member State and showing the position of a person for the purpose of the application of

Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and

of the Council (OJ C 147, 29.4.2019, p. 6).

4. 32012H0810(01) Recommendation of the Administrative Commission for the

Coordination of Social Security Systems No S1 of 15 March 2012 concerning financial

aspects of cross-border living organ donations (OJ C 240, 10.8.2012, p. 3).

& /en 26

5. 32014 H 0218(01): Recommendation S2 of 22 October 2013 concerning the entitlement

to benefits in kind for insured persons and members of their family during a stay in a

third country under a bilateral convention between the competent Member State and the

third country (OJ C 46, 18.02.2014, p. 8).

6. 32010 H 0424(02): Recommendation of the Administrative Commission for the

Coordination of Social Security Systems No U1 of 12 June 2009 concerning the

legislation applicable to unemployed persons engaging in part-time professional or trade

activity in a Member State other than the State of residence (OJ C 106, 24.4.2010,

p. 49).

7. 32010 H 0424(03): Recommendation of the Administrative Commission for the

Coordination of Social Security Systems No U2 of 12 June 2009 concerning the

application of Article 64(1)(a) of Regulation (EC) No 883/2004 of the European

Parliament and of the Council to unemployed persons accompanying their spouses or

partners pursuing a professional or trade activity in a Member State other than the

competent State (OJ C 106, 24.4.2010, p. 51).

B. SAFEGUARDING OF SUPPLEMENTARY PENSION RIGHTS

ACTS REFERRED TO

1. 31998 L 0049: Council Directive 98/49/EC of 29 June 1998 on safeguarding the

supplementary pension rights of employed and self-employed persons moving within

the Community (OJ L 209, 25.7.1998, p. 46).

& /en 27

2. 32014 L 0050: Directive 2014/50/EU of the European Parliament and of the Council

of 16 April 2014 on minimum requirements for enhancing worker mobility between

Member States by improving the acquisition and preservation of supplementary pension

rights (OJ L 128, 30.4.2014, p. 1).

The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptation:

Article 6(5): the reference to Article 11 of Directive 2003/41/EC shall not apply to

Switzerland.

Switzerland shall take the measures referred to in Article 8 of the Directive 2014/50/EU by

the first day of the forty-ninth month following the entry into force of the Amending Protocol.

________________

& /en 1

PROTOCOL I

to Annex II to the Agreement

I. Unemployment insurance

The following arrangements shall apply to workers who are nationals of the Czech Republic,

the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of

Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic

until 30 April 2011 and to workers who are nationals of the Republic of Bulgaria and

Romania until 31 May 2016. It shall apply to workers who are nationals of the Republic of

Croatia until the end of the seventh year after the entry into force of the Protocol regarding the

participation of the Republic of Croatia.

1. The following rules shall apply with respect to unemployment insurance for workers

holding a residence permit with a period of validity of less than one year.

1.1. Only workers who have paid contributions in Switzerland for the minimum period

required under the Federal Unemployment Insurance and Insolvency Allowances Act

(loi fédérale sur l’assurance-chômage obligatoire et l’indemnité en cas d’insolvabilité –

LACI)1 and who also satisfy the other conditions of eligibility for unemployment

benefit shall be entitled to such benefit provided by the unemployment insurance under

the conditions laid down by law.

1 Currently 12 months.

& /en 2

1.2. A portion of the contributions levied for workers whose period of contribution is too

short to give entitlement to unemployment benefit in Switzerland under 1.1 shall be

refunded to their States of origin in accordance with the provisions of 1.3. in order to

contribute towards the cost of benefits provided to these workers in the event of full

unemployment; these workers shall then have no entitlement to benefit in the event of

their being fully unemployed in Switzerland. They shall, however, be entitled to

allowances for bad weather and in the event of the employer becoming insolvent.

Benefits in the event of full unemployment shall be paid by the State of origin, provided

that the workers concerned make themselves available for work. Periods of insurance

completed in Switzerland shall be taken into account in the same way as if they had

been completed in the State of origin.

1.3. The portion of the contributions levied for workers referred to in 1.2 shall be refunded

on an annual basis in accordance with the following provisions:

(a) The total contributions of these workers shall be calculated, by country, on the

basis of the annual number of workers employed and the average annual

contributions paid for each worker (employer's and employee's contributions).

(b) Of the amount calculated in this way, a portion thereof corresponding to the

relative share represented by unemployment benefit as a percentage of all the

allowances referred to in 1.2 shall be refunded to the workers' States of origin, and

a portion shall be retained by Switzerland as a reserve for subsequent benefits1.

1 Refunded contributions for workers who will exercise their right to unemployment benefit in

Switzerland after having paid contributions for at least 12 months – over several periods of

residence – within the space of two years.

& /en 3

(c) Switzerland shall, on an annual basis, provide a statement showing the

contributions refunded. If the States of origin so request, it shall indicate the bases

for the calculation and the sums refunded. The States of origin shall each year

notify Switzerland of the number of recipients of unemployment benefit as

referred to in 1.2.

2. If a Member State concerned by this arrangement encounters difficulties with the ending

of the arrangements for refunding of contributions, or Switzerland encounters

difficulties with the aggregation arrangements, the matter may be referred to the Joint

Committee by any of the Contracting Parties.

II. Allowances for helpless persons

Allowances for helpless persons granted under the Swiss Federal Law on invalidity insurance

of 19 June 1959 and under the Federal Law on old-age and survivors' insurance

of 20 December 1946 as amended on 8 October 1999 shall be provided exclusively if the

person concerned resides in Switzerland.

III. Application of Regulation (EC) No 883/2004 to the extended vested benefits

Switzerland shall apply Regulation (EC) No 883/2004 to the extended scheme under the

Federal Law on free movement among occupational benefit plans concerning old-age,

survivors' and invalidity pensions of 17 December 1993 by the first day of the forty-ninth

month following the entry into force of the Amending Protocol.

& /en 1

PROTOCOL II

to Annex II to the Agreement

CONSIDERING that Article 33 of the Agreement on the withdrawal of the United Kingdom of

Great Britain and Northern Ireland from the European Union and the European Atomic Energy

Community (the 'Withdrawal Agreement') states that Title III of Part Two of the Withdrawal

Agreement shall apply to nationals of Iceland, the Principality of Liechtenstein, the Kingdom of

Norway and the Swiss Confederation provided that those countries have concluded and apply

corresponding agreements with the United Kingdom of Great Britain and Northern Ireland which

apply to Union citizens, as well as with the Union which apply to United Kingdom nationals,

CONSIDERING that Article 26b of the Agreement between the United Kingdom of Great Britain

and Northern Ireland and the Swiss Confederation on citizens' rights following the withdrawal of

the United Kingdom from the European Union and the Free Movement of Persons Agreement states

that the provisions of Part III of that agreement shall apply to Union citizens, provided that the

Union has concluded and applies corresponding agreements with the United Kingdom of Great

Britain and Northern Ireland which apply to Swiss nationals, as well as with Switzerland which

applies to United Kingdom nationals,

RECOGNISING that it is necessary to provide reciprocal protection of social security rights for

United Kingdom nationals, as well as their family members and survivors who, by the end of the

transition period, are or have been in a cross-border situation involving one or more of the

Contracting Parties to the Free Movement of Persons Agreement and the United Kingdom of Great

Britain and Northern Ireland at the same time,

& /en 2

ARTICLE 1

Definitions and references

1. For the purposes of this Protocol the following definitions shall apply:

(a) 'Withdrawal Agreement' means the Agreement on the withdrawal of the United Kingdom of

Great Britain and Northern Ireland from the European Union and the European Atomic

Energy Community1;

(b) 'Citizens' Rights Agreement' means the Agreement between the United Kingdom of Great

Britain and Northern Ireland and the Swiss Confederation on citizens' rights following the

withdrawal of the United Kingdom from the European Union and the Free Movement of

Persons Agreement;

(c) 'States covered' means the Member States of the Union and Switzerland;

(d) 'transition period' means the transition period referred to in Article 126 of the

Withdrawal Agreement;

(e) the definitions in Article 1 of Regulation (EC) No 883/2004 of the European Parliament and

of the Council2 and Article 1 of Regulation (EC) No 987/2009 of the European Parliament and

of the Council3.

1 OJ L 29, 31.1.2020, p. 7. 2 Regulation (EC) No 883/2004 of the European Parliament and of the Council

of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1 as

corrected in OJ L 200, 7.6.2004, p. 1). 3 Regulation (EC) No 987/2009 of the European Parliament and of the Council

of 16 September 2009 laying down the procedure for implementing Regulation

(EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009,

p. 1).

& /en 3

2. For the purposes of this Protocol, all references to Member States and competent authorities

of Member States in provisions of Union law made applicable by this Protocol shall be understood

as including the United Kingdom and its competent authorities.

ARTICLE 2

Persons covered

1. This Protocol shall apply to the following persons:

(a) United Kingdom nationals who are subject to the legislation of one of the States covered at

the end of the transition period, as well as their family members and survivors;

(b) United Kingdom nationals who reside in one of the States covered, and are subject to the

legislation of the United Kingdom at the end of the transition period, as well as their family

members and survivors;

(c) persons who do not fall within point (a) or (b) but are United Kingdom nationals who pursue

an activity as an employed or self-employed person in one or more of the States covered at the

end of the transition period, and who, based on Title II of Regulation (EC) No 883/2004, are

subject to the legislation of the United Kingdom, as well as their family members and

survivors;

(d) stateless persons and refugees, residing in one of the States covered or in the United

Kingdom, who are in one of the situations described in points (a) to (c), as well as their family

members and survivors.

& /en 4

2. The persons referred to in paragraph 1 shall be covered for as long as they continue without

interruption to be in one of the situations set out in that paragraph involving both one of the States

covered and the United Kingdom at the same time.

3. This Protocol shall also apply to United Kingdom nationals who do not, or who no longer, fall

within one of the situations set out in paragraph 1 of this Article but who fall within Article 10 of

the Withdrawal Agreement or within Article 10 of the Citizens' Rights Agreement, as well as their

family members and survivors.

4. The persons referred to in paragraph 3 shall be covered for as long as they continue to have a

right to reside in one of the States covered under Article 13 of the Withdrawal Agreement or

Article 12 of the Citizens' Rights Agreement, or a right to work in their State of work under

Article 24 or 25 of the Withdrawal Agreement or Article 20 of the Citizens' Rights Agreement.

5. Where this Article refers to family members and survivors, those persons shall be covered by

this Protocol only to the extent that they derive rights and obligations in that capacity under

Regulation (EC) No 883/2004.

ARTICLE 3

Social security coordination rules

1. The rules and objectives set out in Article 8 of the Agreement and in this Annex, Regulations

(EC) No 883/2004 and (EC) No 987/2009 shall apply to the persons covered by this Protocol.

& /en 5

2. The States covered shall take due account of the Decisions and Recommendations of the

Administrative Commission for the Coordination of Social Security Systems attached to the

European Commission set up under Regulation (EC) No 883/2004 (the 'Administrative

Commission') listed in Section A of this Annex.

ARTICLE 4

Special situations covered

1. The following rules shall apply in the following situations to the extent set out in this Article,

insofar as they relate to persons not, or no longer, covered by Article 2:

(a) United Kingdom nationals, as well as stateless persons and refugees residing in the United

Kingdom who have been subject to the legislation of one of the States covered before the end

of the transition period, as well as their family members and survivors, shall be covered by

this Protocol for the purposes of reliance on, and aggregation of, periods of insurance,

employment, self-employment or residence, including rights and obligations deriving from

such periods in accordance with Regulation (EC) No 883/2004; for the purposes of the

aggregation of periods, periods completed both before and after the end of the transition

period shall be taken into account in accordance with Regulation (EC) No 883/2004;

& /en 6

(b) the rules set out in Articles 20 and 27 of Regulation (EC) No 883/2004 shall continue to apply

to United Kingdom nationals, as well as stateless persons and refugees residing in the United

Kingdom who, before the end of the transition period, had requested authorisation to receive a

course of planned health care treatment pursuant to Regulation (EC) No 883/2004, until the

end of the treatment. The corresponding reimbursement procedures shall also apply even after

the treatment ends. Such persons and the accompanying persons shall enjoy the right to enter

and exit the State of treatment in accordance with Article 14 of the Withdrawal Agreement

mutatis mutandis and with Article 13 of the Citizens' Rights Agreement mutatis mutandis;

(c) the rules set out in Articles 19 and 27 of Regulation (EC) No 883/2004 shall continue to apply

to United Kingdom nationals, as well as stateless persons and refugees residing in the United

Kingdom who are covered by Regulation (EC) No 883/2004 and who are on a stay at the end

of the transition period in one of the States covered or the United Kingdom, until the end of

their stay. The corresponding reimbursement procedures shall also apply even after the stay or

treatment ends;

(d) the rules set out in Articles 67, 68 and 69 of Regulation (EC) No 883/2004 shall continue to

apply, for as long as the conditions are fulfilled, to awards of family benefits to which there is

entitlement at the end of the transition period for United Kingdom nationals, as well as

stateless persons and refugees residing in the United Kingdom who are subject to the

legislation of the United Kingdom and have family members residing in one of the States

covered at the end of the transition period;

(e) in the situations set out in point (d) of this paragraph, for any persons who have rights as

family members at the end of the transition period under Regulation (EC) No 883/2004, such

as derived rights for sickness benefits in kind, that Regulation and the corresponding

provisions of Regulation (EC) No 987/2009 shall continue to apply for as long as the

conditions provided therein are fulfilled.

& /en 7

2. The provisions of Chapter 1 of Title III of Regulation (EC) No 883/2004 as regards sickness

benefits shall apply to persons receiving benefits under point (a) of paragraph 1 of this Article.

This paragraph shall apply mutatis mutandis as regards family benefits based on Articles 67, 68

and 69 of Regulation (EC) No 883/2004.

ARTICLE 5

Reimbursement, recovery and offsetting

The provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 on reimbursement,

recovery and offsetting shall continue to apply in relation to events, insofar as they relate to persons

not covered by Article 2, that:

(a) occurred before the end of the transition period; or

(b) occur after the end of the transition period and relate to persons who were covered by

Article 2 or 4 when the event occurred.

& /en 8

ARTICLE 6

Development of law and adaptations

1. Notwithstanding paragraph 3, references in this Protocol to Regulations (EC) No 883/2004

and (EC) No 987/2009 or provisions thereof, shall be understood as references to the acts or

provisions as integrated into the Agreement, as applicable on the last day of the transition period.

2. Where Regulations (EC) No 883/2004 and (EC) No 987/2009 are amended or replaced after

the end of the transition period, references to those Regulations in this Protocol shall be understood

as referring to those Regulations as amended or replaced, in accordance with the acts listed in

Part II of Annex I to the Withdrawal Agreement, as regards the Union, and Part II of Annex I to the

Citizens' Rights Agreement, as regards Switzerland.

3. Regulations (EC) No 883/2004 and (EC) No 987/2009 shall, for the purposes of this Protocol,

be understood as comprising the adaptations listed in Part III of Annex I to the Withdrawal

Agreement, as regards the Union, and Part III of Annex I of the Citizens' Rights Agreement, as

regards Switzerland.

4. For the purposes of this Protocol, the amendments and adaptations referred to in paragraphs 2

and 3 shall take effect on the day following the day on which the corresponding amendments and

adaptations of Annex I to the Withdrawal Agreement or of Annex I to the Citizens' Rights

Agreement take effect, whichever is the latest.".

_______________

& /en 1

ANNEX III

MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

Amendments to Annex III to the Agreement

Annex III to the Agreement is replaced by the following:

"ANNEX III

MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

(Diplomas, certificates and other evidence of formal qualifications)

SECTION 1

INTRODUCTION

For the purposes of the application of Articles 2 to 9 of the Agreement, the legal acts of the Union

listed in Section 2 of this Annex, shall apply subject to the principle of dynamic alignment referred

to in Article 5 of the Institutional Protocol to this Agreement, as well as subject to the exceptions

listed in paragraph 7 of that Article.

& /en 2

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. This shall be applied in full respect of the

Institutional Protocol to this Agreement.

Without prejudice to Article 16 of the Institutional Protocol to this Agreement, and unless otherwise

provided for in technical adaptations, provisions in the acts listed in Section 2 that require the

Member States to provide information to other Member States or to the Commission shall apply to

Switzerland. When this information relates to surveillance or application, Switzerland shall

communicate this information via the Joint Committee.

SECTION 2

ACTS REFERRED TO

1. 32005 L 0036: Directive 2005/36/EC of the European Parliament and of the Council

of 7 September 2005 on the recognition of professional qualifications

(OJ L 255, 30.9.2005, p. 22),

as amended by:

– Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the

field of freedom of movement of persons, by reason of the accession of Bulgaria and

Romania (OJ L 363, 20.12.2006, p. 141),

& /en 3

– Commission Regulation (EU) No 213/2011 of 3 March 2011 amending Annexes II

and V to Directive 2005/36/EC of the European Parliament and of the Council on the

recognition of professional qualifications (OJ L 59, 4.3.2011, p. 4),

– Communication from the Commission – Notification of the professional associations or

organisations fulfilling the conditions of Article 3(2) listed under Annex I to

Directive 2005/36/EC (OJ C 111, 15.5.2009, p. 1),

– Communication from the Commission – Notification of the professional associations or

organisations fulfilling the conditions of Article 3(2) listed under Annex I to

Directive 2005/36/EC (OJ C 182, 23.6.2011, p. 1),

– Act concerning the conditions of accession of the Republic of Croatia and the

adjustments to the Treaty on European Union, the Treaty on the Functioning of the

European Union and the Treaty establishing the European Atomic Energy Community

(OJ L 112, 24.4.2012, p. 10),

– Council Directive 2013/25/EU of 13 May 2013 adapting certain directives in the field of

right of establishment and freedom to provide services, by reason of the accession of the

Republic of Croatia (OJ L 158, 10.6.2013, p. 368),

– Directive 2013/55/EU of the European Parliament and of the Council

of 20 November 2013 amending Directive 2005/36/EC on the recognition of

professional qualifications and Regulation (EU) No 1024/2012 on administrative

cooperation through the Internal Market Information System

(OJ L 354, 28.12.2013, p. 132),

& /en 4

– Commission Delegated Decision (EU) 2016/790 of 13 January 2016 amending

Annex V to Directive 2005/36/EC of the European Parliament and of the Council as

regards the evidence of formal qualifications and the titles of training courses

(OJ L 134, 24.5.2016, p. 135),

– Commission Delegated Decision (EU) 2017/2113 of 11 September 2017 amending

Annex V to Directive 2005/36/EC of the European Parliament and of the Council as

regards evidence of formal qualifications and the titles of training courses

(OJ L 317, 1.12.2017, p. 119),

– Commission Delegated Decision (EU) 2019/608 of 16 January 2019 amending

Annex V to Directive 2005/36/EC of the European Parliament and of the Council as

regards the evidence of formal qualifications and titles of training courses

(OJ L 104, 15.4.2019, p. 1),

– Commission Delegated Decision (EU) 2020/548 of 23 January 2020 amending

Annex V to Directive 2005/36/EC of the European Parliament and of the Council as

regards the evidence of formal qualifications and titles of training courses

(OJ L 131, 24.4.2020, p. 1),

– Commission Delegated Decision (EU) 2021/2183 of 25 August 2021 amending

Annex V to Directive 2005/36/EC of the European Parliament and of the Council as

regards the evidence of formal qualifications and titles of training courses

(OJ L 444, 10.12.2021, p. 16),

– Commission Delegated Decision (EU) 2023/2383 of 23 May 2023 amending and

correcting Directive 2005/36/EC of the European Parliament and of the Council as

regards the evidence of formal qualifications and titles of training courses

(OJ L 2383, 9.10.2023, p. 1),

& /en 5

– Commission Delegated Directive (EU) 2024/782 of 4 March 2024 amending

Directive 2005/36/EC of the European Parliament and of the Council as regards the

minimum training requirements for the professions of nurse responsible for general

care, dental practitioner and pharmacist (OJ L, 2024/782, 31.5.2024),

– Commission Delegated Decision (EU) 2024/1395 of 31 May 2024 amending Directive

2005/36/EC of the European Parliament and of the Council as regards the evidence of

formal qualifications and titles of training courses (OJ L, 2024/1395, 31.5.2024).

corrected by:

– Corrigendum to Directive 2005/36/EC of the European Parliament and of the Council

of 7 September 2005 on the recognition of professional qualifications

(OJ L 93, 4.4.2008, p. 28),

– Corrigendum to Council Directive 2006/100/EC of 20 November 2006 adapting certain

Directives in the field of freedom of movement of persons, by reason of the accession of

Bulgaria and Romania (OJ L 177, 8.7.2015, p. 60).

& /en 6

The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptations:

(a) the following text is added to point 5.1.1 of Annex V to the Directive:

'Country Evidence of formal

qualifications

Body awarding the

qualifications

Certificate

accompanying the

qualifications

Reference

date

Switzerland Eidgenössisches

Arztdiplom

Diplôme fédéral de

médecin

Diploma federale di

medico

Eidgenössisches

Departement des

Innern

Département fédéral

de l’intérieur

Dipartimento

federale dell’interno

1 June 2002'

(b) the following text is added to point 5.1.2 of Annex V to the Directive:

'Country Evidence of formal

qualifications Body awarding the qualifications

Reference

date

Switzerland Diplom als Facharzt

Diplôme de

médecin spécialiste

Diploma di medico

specialista

Eidgenössisches Departement des Innern

und Verbindung der Schweizer Ärztinnen

und Ärzte (FMH) / Schweizerische

Institut für ärztliche Weiter- und

Fortbildung (SIWF)

Département fédéral de l’intérieur et

Fédération des médecins suisses (FMH) /

Institut suisse pour la formation médicale

postgraduée et continue (ISFM)

Dipartimento federale dell’interno e

Federazione dei medici svizzeri (FMH) /

Istituto svizzero per la formazione medica

(ISFM)

1 June 2002'

& /en 7

(c) the following text is added to point 5.1.3 of Annex V to the Directive:

'Country Title

Anaesthetics

Minimum period of training: 3 years

Switzerland Anästhesiologie

Anesthésiologie

Anestesiologia

Country Title

General surgery

Minimum period of training: 5 years

Switzerland Chirurgie

Chirurgie

Chirurgia

Country Title

Neurological surgery

Minimum period of training: 5 years

Switzerland Neurochirurgie

Neurochirurgie

Neurochirurgia

Country Title

Obstetrics and gynaecology

Minimum period of training: 4 years

Switzerland Gynäkologie und Geburtshilfe

Gynécologie et obstétrique

Ginecologia e ostetricia

& /en 8

Country Title

General (internal) medicine

Minimum period of training: 5 years

Switzerland Allgemeine Innere Medizin

Médecine interne générale

Medicina interna generale

Country Title

Ophthalmology

Minimum period of training: 3 years

Switzerland Ophthalmologie

Ophtalmologie

Oftalmologia

Country Title

Otorhinolaryngology

Minimum period of training: 3 years

Switzerland Oto-Rhino-Laryngologie

Oto-rhino-laryngologie

Otorinolaringoiatria

Country Title

Paediatrics

Minimum period of training: 4 years

Switzerland Kinder- und Jugendmedizin

Pédiatrie

Pediatria

& /en 9

Country Title

Respiratory medicine

Minimum period of training: 4 years

Switzerland Pneumologie

Pneumologie

Pneumologia

Country Title

Urology

Minimum period of training: 5 years

Switzerland Urologie

Urologie

Urologia

Country Title

Orthopaedics

Minimum period of training: 5 years

Switzerland Orthopädische Chirurgie und Traumatologie des

Bewegungsapparates

Chirurgie orthopédique et traumatologie de l’appareil locomoteur

Chirurgia ortopedica e traumatologia dell’apparato locomotore

Country Title

Pathological anatomy

Minimum period of training: 4 years

Switzerland Pathologie

Pathologie

Patologia

& /en 10

Country Title

Neurology

Minimum period of training: 4 years

Switzerland Neurologie

Neurologie

Neurologia

Country Title

Psychiatry

Minimum period of training: 4 years

Switzerland Psychiatrie und Psychotherapie

Psychiatrie et psychothérapie

Psichiatria e psicoterapia

Country Title

Diagnostic radiology

Minimum period of training: 4 years

Switzerland Radiologie

Radiologie

Radiologia

Country Title

Radiotherapy

Minimum period of training: 4 years

Switzerland Radio-Onkologie/Strahlentherapie

Radio-oncologie/radiothérapie

Radio-oncologia/radioterapia

& /en 11

Country Title

Plastic surgery

Minimum period of training: 5 years

Switzerland Plastische, Rekonstruktive und Ästhetische Chirurgie

Chirurgie plastique, reconstructive et esthétique

Chirurgia plastica, ricostruttiva ed estetica

Country Title

Thoracic surgery

Minimum period of training: 5 years

Switzerland Thoraxchirurgie1

Chirurgie thoracique

Chirurgia toracica

Country Title

Cardiac surgery

Minimum period of training: 5 years

Switzerland Herz- und thorakale Gefässchirurgie;

Chirurgie cardiaque et vasculaire thoracique

Chirurgia del cuore e dei vasi toracici

1 The training programme of 1 January 2015 was accredited on 31 August 2018. Holders of

corresponding specialisation issued before the accreditation date receive a new evidence of

formal qualifications as a specialiseds doctor without any further requirements with a current

date of issue.

& /en 12

Country Title

Vascular surgery

Minimum period of training: 5 years

Switzerland Gefässchirurgie1

Chirurgie vasculaire

Chirurgia vascolare

Country Title

Paediatric surgery

Minimum period of training: 5 years

Switzerland Kinderchirurgie

Chirurgie pédiatrique

Chirurgia pediatrica

Country Title

Cardiology

Minimum period of training: 4 years

Switzerland Kardiologie

Cardiologie

Cardiologia

Country Title

Gastroenterology

Minimum period of training: 4 years

Switzerland Gastroenterologie

Gastroentérologie

Gastroenterologia

1 The training programme of 1 January 2015 was accredited on 31 August 2018. Holders of

corresponding specialisation issued before the accreditation date receive a new evidence of

formal qualifications as a specialiseds doctor without any further requirements with a current

date of issue.

& /en 13

Country Title

Rheumatology

Minimum period of training: 4 years

Switzerland Rheumatologie

Rhumatologie

Reumatologia

Country Title

General haematology

Minimum period of training: 3 years

Switzerland Hämatologie

Hématologie

Ematologia

Country Title

Endocrinology

Minimum period of training: 3 years

Switzerland Endokrinologie/Diabetologie

Endocrinologie/diabétologie

Endocrinologia/diabetologia

Country Title

Physiotherapy

Minimum period of training: 3 years

Switzerland Physikalische Medizin und Rehabilitation

Médecine physique et réadaptation

Medicina fisica e riabilitazione

& /en 14

Country Title

Dermato-venereology

Minimum period of training: 3 years

Switzerland Dermatologie und Venerologie

Dermatologie et vénéréologie

Dermatologia e venerologia

Country Title

Tropical medicine

Minimum period of training: 4 years

Switzerland Tropen- und Reisemedizin

Médecine tropicale et médecine des voyages

Medicina tropicale e medicina di viaggio

Country Title

Child psychiatry

Minimum period of training: 4 years

Switzerland Kinder- und Jugendpsychiatrie und -psychotherapie

Psychiatrie et psychothérapie d’enfants et d’adolescents

Psichiatria e psicoterapia infantile e dell’adolescenza

Country Title

Renal diseases

Minimum period of training: 4 years

Switzerland Nephrologie

Néphrologie

Nefrologia

& /en 15

Country Title

Communicable diseases

Minimum period of training: 4 years

Switzerland Infektiologie

Infectiologie

Malattie infettive

Country Title

Community medicine

Minimum period of training: 4 years

Switzerland Prävention und Gesundheitswesen

Prévention et santé publique

Prevenzione e salute pubblica

Country Title

Pharmacology

Minimum period of training: 4 years

Switzerland Klinische Pharmakologie und Toxikologie

Pharmacologie et toxicologie cliniques

Farmacologia e tossicologia clinica

Country Title

Occupational medicine

Minimum period of training: 4 years

Switzerland Arbeitsmedizin

Médecine du travail

Medicina del lavoro

& /en 16

Country Title

Allergology

Minimum period of training: 3 years

Switzerland Allergologie und klinische Immunologie

Allergologie et immunologie clinique

Allergologia e immunologia clinica

Country Title

Nuclear medicine

Minimum period of training: 4 years

Switzerland Nuklearmedizin

Médecine nucléaire

Medicina nucleare

Country Title of diploma

Dental, oral and maxillo-facial surgery

(basic medical and dental training)

Minimum period of training: 4 years

Switzerland Mund-, Kiefer- und Gesichtschirurgie

Chirurgie orale et maxillo-faciale

Chirurgia oro-maxillo-facciale

Country Title

Medical oncology

Minimum period of training: 5 years

Switzerland Medizinische Onkologie

Oncologie médicale

Oncologia medica

& /en 17

Country Title

Medical genetics

Minimum period of training: 4 years

Switzerland Medizinische Genetik

Génétique médicale

Genetica medica'

(d) the following text is added to point 5.1.4 of Annex V to the Directive:

'Country Evidence of formal qualifications Professional title Reference

date

Switzerland Diplom als praktischer

Arzt/praktische Ärztin

Diplôme de médecin praticien

Diploma di medico generico

Praktischer Arzt/Praktische

Ärztin

Médecin praticien

Medico generico

1 June 2002'

(e) the following text is added to point 5.2.2 of Annex V to the Directive:

'Country

Evidence of

formal

qualifications

Body awarding the

evidence of qualifications

Professional

title

Reference

date

Switzerland 1. Diplomierte

Pflegefachfrau,

diplomierter

Pflegefachmann

Infirmière

diplômée et

infirmier diplômé

Infermiera

diplomata e

infermiere

diplomato

Schulen, die staatlich

anerkannte

Bildungsgänge

durchführen

Écoles qui proposent des

filières de formation

reconnues par l’État

Scuole che propongono

dei cicli di formazione

riconosciuti dallo Stato

Pflegefachfrau,

Pflegefachmann

Infirmière,

infirmier

Infermiera,

infermiere

1 June 2002

& /en 18

'Country

Evidence of

formal

qualifications

Body awarding the

evidence of qualifications

Professional

title

Reference

date

2. Bachelor of

Science in

nursing

Schulen, die staatlich

anerkannte

Bildungsgänge

durchführen

Écoles qui proposent des

filières de formation

reconnues par l’État

Scuole che propongono

dei cicli di formazione

riconosciuti dallo Stato

Pflegefachfrau,

Pflegefachmann

Infirmière,

infirmier

Infermiera,

infermiere

30 September

2011

3. Diplomierte

Pflegefachfrau

HF, diplomierter

Pflegefachmann

HF

Infirmière

diplômée ES,

infirmier diplômé

ES

Infermiera

diplomata SSS,

infermiere

diplomato SSS

Höhere Fachschulen, die

staatlich anerkannte

Bildungsgänge

durchführen

Écoles supérieures qui

proposent des filières de

formation reconnues par

l'État

Scuole specializzate

superiori che propongono

dei cicli di formazione

riconosciuti dallo Stato

Pflegefachfrau,

Pflegefachmann

Infirmière,

infirmier

Infermiera,

infermiere

1 June 2002'

& /en 19

(f) the following text is added to point 5.3.2 of Annex V to the Directive:

'Country

Evidence of

formal

qualifications

Body awarding

the evidence of

qualifications

Certificate

accompanying

the evidence of

qualifications

Professional

title

Reference

date

Switzerland Eidgenössisches

Zahnarztdiplom

Diplôme fédéral

de

médecin-dentiste

Diploma

federale di

medico-dentista

Eidgenössisches

Departement

des Innern

Département

fédéral de

l’intérieur

Dipartimento

federale

dell’interno

Zahnarzt

Médecin-

dentiste

Medico-

dentista

1 June

2002'

(g) the following text is added to point 5.3.3 of Annex V to the Directive:

'Orthodontics

Country Evidence of formal

qualifications Body awarding the evidence of qualifications

Reference

date

Switzerland Diplom für

Kieferorthopädie

Diplôme fédéral

d’orthodontiste

Diploma di

ortodontista

Eidgenössisches Departement des Innern und

Schweizerische Zahnärzte-Gesellschaft

(SSO) / Büro für zahnmedizinische

Weiterbildung (BZW)

Département fédéral de l’intérieur et Société

suisse d’odonto-stomatologie (SSO) / Bureau

pour la formation postgrade en médecine

dentaire (BZW)

Dipartimento federale dell’interno e Società

Svizzera di Odontologia e Stomatologia

(SSO) / Ufficio per la formazione post-laurea

in odontoiatria (BZW)

1 June 2002

& /en 20

Oral surgery

Country Evidence of formal

qualifications Body awarding the evidence of qualifications

Reference

date

Switzerland Diplom für

Oralchirurgie

Diplôme fédéral

de chirurgie orale

Diploma di

chirurgia orale

Eidgenössisches Departement des Innern und

Schweizerische Zahnärzte-Gesellschaft

(SSO) / Büro für zahnmedizinische

Weiterbildung (BZW)

Département fédéral de l’intérieur et Société

suisse d’odonto-stomatologie (SSO) / Bureau

pour la formation postgrade en médecine

dentaire (BZW)

Dipartimento federale dell’interno e Società

Svizzera di Odontologia e Stomatologia

(SSO) / Ufficio per la formazione post-laurea

in odontoiatria (BZW)

30 April

2004'

(h) the following text is added to point 5.4.2 of Annex V to the Directive:

'Country Evidence of formal

qualifications

Body awarding the

evidence of

qualifications

Certificate

accompanying the

evidence of

qualifications

Reference

date

Switzerland Eidgenössisches

Tierarztdiplom

Diplôme fédéral

de vétérinaire

Diploma federale

di veterinario

Eidgenössisches

Departement des

Innern

Département fédéral

de l’intérieur

Dipartimento federale

dell’interno

1 June 2002'

& /en 21

(i) the following text is added to point 5.5.2 of Annex V to the Directive:

'Country Evidence of formal

qualifications

Body awarding the

evidence of qualifications

Professional

title

Reference

date

Switzerland 1. Diplomierte

Hebamme

Sage-femme diplômée

Levatrice diplomata

Schulen, die staatlich

anerkannte

Bildungsgänge

durchführen

Écoles qui proposent des

filières de formation

reconnues par l'État

Scuole che propongono

dei cicli di formazione

riconosciuti dallo Stato

Hebamme

Sage-femme

Levatrice

1 June

2002

2. [Bachelor of

Science [Name of the

UAS] in Midwifery]

"Bachelor of Science

HES-SO de Sage-

femme" (Bachelor of

Science HES-SO in

Midwifery)

"Bachelor of Science

BFH Hebamme"

(Bachelor of Science

BFH in Midwifery)

"Bachelor of Science

ZFH Hebamme"

(Bachelor of Science

ZHAW in Midwifery)

Schulen, die staatlich

anerkannte

Bildungsgänge

durchführen

Écoles qui proposent des

filières de formation

reconnues par l'État

Scuole che propongono

dei cicli di formazione

riconosciuti dallo Stato

Hebamme

Sage-femme

Levatrice

1 June

2002'

& /en 22

(j) the following text is added to point 5.6.2 of Annex V to the Directive:

'Country Evidence of formal

qualifications

Body awarding the

evidence of

qualifications

Certificate

accompanying

the evidence of

qualifications

Reference

date

Switzerland Eidgenössisches

Apothekerdiplom

Diplôme fédéral de

pharmacien

Diploma federale di

farmacista

Eidgenössisches

Departement des

Innern

Département fédéral

de l’intérieur

Dipartimento federale

dell’interno

1 June

2002'

(k) the following text is added to point 5.7.1 of Annex V to the Directive:

'Country Evidence of formal

qualifications

Body awarding the

evidence of qualifications

Certificate

accompanying

the evidence of

qualifications

Reference

academic

year

Switzerland Master of Science in

Architecture –

Diploma di architetto

(Arch. Dipl. USI)

Accademia di Architettura

dell’Università della

Svizzera Italiana

2002-2003

Master of Arts

BFH/HES-SO en

architecture, Master

of Arts

BFH/HES-SO in

Architecture

Haute école spécialisée de

Suisse occidentale

(HES-SO) together with

Berner Fachhochschule

(BFH)

2007-2008

Master of Arts

BFH/HES-SO in

Architektur, Master

of Arts

BFH/HES-SO in

Architecture

Haute école spécialisée de

Suisse occidentale

(HES-SO) together with

Berner Fachhochschule

(BFH)

2007-2008

Master of Arts

FHNW in

Architektur

Fachhochschule

Nordwestschweiz FHNW

2007-2008

& /en 23

'Country Evidence of formal

qualifications

Body awarding the

evidence of qualifications

Certificate

accompanying

the evidence of

qualifications

Reference

academic

year

Master of Arts FHZ

in Architektur

Fachhochschule

Zentralschweiz (FHZ)

2007-2008

Master of Arts ZFH

in Architektur

Zürcher Fachhochschule

(ZFH), Zürcher

Hochschule für

Angewandte

Wissenschaften (ZHAW),

Departement Architektur,

Gestaltung und

Bauingenieurwesen

2007-2008

Master of Science

MSc in Architecture,

Architecte (arch.

Dipl). EPF)

École Polytechnique

Fédérale de Lausanne

2007-2008

Master of Science

ETH in Architektur,

MSc ETH Arch

Eidgenössische

Technische Hochschule

Zurich

2007-2008'

(l) the following text is added to Annex VI to the Directive:

'Country Evidence of formal qualifications Reference

academic year

Switzerland 1. Diploma di Architetto 1996-1997

2. Master of Arts/Science in Architecture – Diploma di Architetto 2000-2001

3. Dipl. Arch. ETH,

arch. dipl. EPF,

arch. dipl. PF

2004-2005

4. Architecte diplômé EAUG 2004-2005

5. Architekt REG A

Architecte REG A

Architetto REG A

2004-2005'

& /en 24

2. 31977 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective

exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17),

as amended by:

– 1 1979 H: Act concerning the Conditions of Accession and Adjustments to the Treaties

– Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 91),

– 1 1985 I: Act concerning the Conditions of Accession and Adjustments to the Treaties –

Accession of the Kingdom of Spain and the Portuguese Republic

(OJ L 302, 15.11.1985, p. 23),

– Decision of the Council of the European Union 95/1/EC, Euratom, ECSC,

of 1 January 1995 adjusting the instruments concerning the accession of new

Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

– 1 2003 T: Act concerning the conditions of accession of the Czech Republic, the

Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the

Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on

which the European Union is founded adopted on 16 April 2003

(OJ L 236, 23.9.2003, p. 33),

– 32006 L 0100: Council Directive 2006/100/EC of 20 November 2006 adapting certain

Directives in the field of freedom of movement of persons, by reason of the accession of

Bulgaria and Romania (OJ L 363, 20.12.2006, p. 141),

& /en 25

– 32013 L 0025: Council Directive 2013/25/EU of 13 May 2013adapting certain

directives in the field of right of establishment and freedom to provide services, by

reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 368).

For the purposes of this Agreement, Directive 77/249/EEC shall be adapted as follows:

The following text is added to Article 1(2):

'Switzerland:

Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech

Avocat

Avvocato'.

3. 31998 L 0005: Directive 98/5/EC of the European Parliament and of the Council

of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a

Member State other than that in which the qualification was obtained

(OJ L 77, 14.3.1998, p. 36), as amended by:

– 1 2003 T: Act concerning the conditions of accession of the Czech Republic, the

Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the

Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on

which the European Union is founded adopted on 16 April 2003

(OJ L 236, 23.9.2003, p. 33),

& /en 26

– 32006 L 0100: Council Directive 2006/100/EC of 20 November 2006 adapting certain

Directives in the field of freedom of movement of persons, by reason of the accession of

Bulgaria and Romania (OJ L 363, 20.12.2006, p. 141),

– 32013 L 0025: Council Directive 2013/25/EU of 13 May 2013 adapting certain

directives in the field of right of establishment and freedom to provide services, by

reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 368).

For the purposes of this Agreement, Directive 98/5/EC is adapted as follows:

The following text is added to point (a) of Article 1(2):

'Switzerland:

Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech

Avocat

Avvocato'.

4. 31974 L 0556: Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions

concerning transitional measures relating to activities, trade in and distribution of toxic

products and activities entailing the professional use of such products including activities of

intermediaries (OJ L 307, 18.11.1974, p. 1).

& /en 27

5. 31974 L 0557: Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of

establishment and freedom to provide services in respect of activities of self-employed

persons and of intermediaries engaging in the trade and distribution of toxic products

(OJ L 307, 18.11.1974, p. 5), as amended by:

– Decision of the Council of the European Union 95/1/EC, Euratom, ECSC,

of 1 January 1995 adjusting the instruments concerning the accession of new

Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

– 1 2003 T: Act concerning the conditions of accession of the Czech Republic, the

Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the

Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on

which the European Union is founded adopted on 16 April 2003

(OJ L 236, 23.9.2003, p. 33),

– 32006 L 0101: Council Directive 2006/0101/EC of 20 November 2006 adapting

Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of freedom to provide

services, by reason of the accession of Bulgaria and Romania

(OJ L 363, 20.12.2006, p. 238),

– 32013 L 0025: Council Directive 2013/25/EU of 13 May 2013 adapting certain

directives in the field of right of establishment and freedom to provide services, by

reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 368).

& /en 28

For the purposes of this Agreement, Directive 74/557/EEC is adapted as follows:

In Switzerland:

All the products and toxic substances set out in the Federal Law on Protection against

Dangerous Substances and Preparations (classified compilation of federal law (CC 813.1),

and in particular those on the ordinances relating thereto (CC 813) and on the poisonous

substances for the environment (CC 814.812.31, 814.812.32 and 814.812.33).

6. 31986 L 0653: Council Directive 86/653/EEC of 18 December 1986 on the coordination of

the laws of the Member States relating to self-employed commercial agents

(OJ L 382, 31.12.1986, p. 17).

7. 32015 R 0983: Commission Implementing Regulation (EU) 2015/983 of 24 June 2015 on the

procedure for issuance of the European Professional Card and the application of the alert

mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council

(OJ L 159, 25.6.2015, p. 27).

8. 32018 L 0958: Directive (EU) 2018/958 of the European Parliament and of the Council

of 28 June 2018 on a proportionality test before adoption of new regulation of professions

(OJ L 173, 9.7.2018, p. 25)

9. 32019 R 0907: Commission Delegated Regulation (EU) 2019/907 of 14 March 2019

establishing a Common Training Test for ski instructors under Article 49b of

Directive 2005/36/EC of the European Parliament and of the Council on the recognition of the

professional qualifications (OJ L 145, 4.6.2019, p. 7).

& /en 29

10. 32023 D 0423: Commission Implementing Decision (EU) 2023/423 of 24 February 2023 on a

pilot project to implement the administrative cooperation provisions relating to regulated

professions set out in Directives 2005/36/EC and (EU) 2018/958 of the European Parliament

and of the Council by means of the Internal Market Information System and to integrate the

database of regulated professions into that system (OJ L 61, 27.2.2023, p. 62).

11. 32012 R 1024: Regulation (EU) No 1024/2012 of the European Parliament and of the Council

of 25 October 2012 on administrative cooperation through the Internal Market Information

System and repealing Commission Decision 2008/49/EC (OJ L 316, 14.11.2012, p. 1), as

amended by:

– 32013 L 0055: Directive 2013/55/EU of the European Parliament and of the Council

of 20 November 2013 (OJ L 354, 28.12.2013, p. 132),

– 32014 L 0060: Directive 2014/60/EU of the European Parliament and of the Council

of 15 May 2014 (OJ L 159, 28.5.2014, p. 1), as corrected by OJ L 147, 12.6.2015, p. 24,

– 32014 L 0067: Directive 2014/67/EU of the European Parliament and of the Council

of 15 May 2014 (OJ L 159, 28.5.2014, p. 11),

– 32016 R 1191: Regulation (EU) 2016/1191 of the European Parliament and of the

Council of 6 July 2016 (OJ L 200, 26.7.2016, p. 1),

– 32016 R 1628: Regulation (EU) 2016/1628 of the European Parliament and of the

Council of 14 September 2016 (OJ L 252, 16.9.2016, p. 53), as corrected by

OJ L 231, 6.9.2019, p. 29,

& /en 30

– 32018 R 1724: Regulation (EU) 2018/1724 of the European Parliament and of the

Council of 2 October 2018 (OJ L 295, 21.11.2018, p. 1),

– 32020 L 1057: Directive (EU) 2020/1057 of the European Parliament and of the

Council of 15 July 2020 (OJ L 249, 31.7.2020, p. 49),

– 32020 R 1055: Regulation (EU) 2020/1055 of the European Parliament and of the

Council of 15 July 2020 (OJ L 249, 31.7.2020, p. 17).

Switzerland shall use the Internal Market Information System (IMI) as a third country for

exchanges of information, including personal data, with IMI actors within the Union to

implement administrative cooperation procedures where applicable for the purposes of this

Agreement.

For the purposes of this Agreement, the Commission continues to consider Switzerland to

provide adequate protection of personal data as referred to in Article 23(1)(c) of Regulation

(EU) No 1024/2012 as long as Decision 2000/518/EC1 remains in force.

Switzerland shall use the IMI system to implement administrative cooperation procedures as

defined in Articles 4a to 4e, Article 8, Article 21a, Article 50, Article 56 and Article 56a of

Directive 2005/36/EC, as amended by Directive 2013/55/EU, in accordance with the

principles and modalities of exchanges set out in those articles.

1 Commission Decision of 26 July 2000 pursuant to Directive 95/46/EC of the European

Parliament and of the Council on the adequate protection of personal data provided in

Switzerland, including any subsequent amendments.

& /en 31

The provisions of Regulation (EU) No 1024/2012 shall, for the purposes of this Agreement,

be read with the following adaptations:

(a) in Article 5, first sentence, the reference to Directive 95/46/EC shall be understood, as

far as Switzerland is concerned, as a reference to the relevant national legislation;

(b) Article 8(1), point (e), shall not apply in respect of Switzerland;

(c) in Article 9(5), as regards Switzerland, the words 'Union law' are replaced by the words

'Union law as integrated into this Agreement';

(d) in Article 10(1), as regards Switzerland, the words 'in accordance with national or

Union legislation' are replaced by the words 'in accordance with Swiss legislation';

(e) in Article 16(1) and (2), references to Directive 95/46/EC shall be understood as far as

Switzerland is concerned, as references to the relevant national legislation;

(f) in Article 17(4), the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(g) in Article 18(1), the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(h) in Article 20, the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

& /en 32

(i) in Article 21:

(i) in paragraph 1, the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(ii) paragraph 3 shall not apply;

(j) Article 25 shall not apply;

(k) Article 26(1) shall be read in line with Article 13 of the Institutional Protocol to this

Agreement.".

_______________

& /en 1

PROTOCOL

ON SECONDARY RESIDENCES IN DENMARK

The Contracting Parties agree that Protocol No 32 on the acquisition of property in Denmark,

annexed to the Treaty on European Union and to the Treaty on the Functioning of the European

Union also applies to this Agreement concerning Swiss nationals' acquisition of second homes in

Denmark.

& /en 1

PROTOCOL

ON THE ACQUISITION OF IMMOVABLE PROPERTY IN MALTA

Purchase of property in the Maltese islands is regulated by the Immovable Property (Acquisition by

Non-Residents) Act (Chapter 246 of the Laws of Malta).

That Act provides that:

(a) A Swiss national may purchase immovable property in Malta:

(1) If the property is going to be used as a primary residence or if the applicant has lived in

Malta as a resident for a period of over 5 years or if the property is going to be used for

business purposes there are no restrictions.

(2) If the property is going to be used for secondary residence purposes and applicant did

not live in Malta for a period of 5 years, an Acquisition of Immovable Property (AIP)

permit is required and is subject to conditions as stipulated in the Immovable Property

(Acquisitions by Non-residents) Act, including a minimum price of EUR 174 274 for

apartments and EUR 300 619 for houses (minimum prices are adjusted yearly according

to the property index as outlined in the Immovable Property Price Index Notice

[Subsidiary Legislation 246.08 of the Laws of Malta]). Such purchases do not require

the person to have a right of residence in Malta.

(b) Swiss nationals may also set up their primary residence in Malta at any time in accordance

with the relevant national legislation. Leaving Malta shall not entail any obligation to dispose

of any property acquired as a primary residence.

& /en 2

(c) Swiss nationals who purchase properties in special designated areas established by the Act

(usually areas forming part of urban regeneration projects) do not require a permit for such

purchases, neither are they limited in the number, use or value of such properties that they

may purchase.

& /en 1

PROTOCOL

ON LONG-TERM RESIDENCE PERMITS

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

and

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

have agreed as follows:

1. The granting of long-term residence permits is a question of the law of the Union in

accordance with the Treaties and of the law of Switzerland, respectively, and does not fall

under the scope of the Agreement on the Free Movement of Persons (hereinafter referred to as

the "Agreement"). Thus, the Institutional Protocol to the Agreement shall not apply to this

Protocol.

2. Where Switzerland and the Member States of the Union grant each other's nationals long-term

residence permits under the respective laws referred to in paragraph 1, those rules shall be

applied in a non-discriminatory manner, notably regarding the minimum duration of prior

residence of five years required.

3. The applicable rules of the Union and Switzerland shall remain comparable in terms of other

conditions and requirements, it being understood that the conditions and requirements lie

within the competence of the Union in accordance with the Treaties and of Switzerland,

respectively.

& /en 2

4. The forementioned shall be without prejudice to

(a) the rules on permanent residence provided for in Directive 2004/38/EC1 as well as

(b) provisions for third-country nationals contained in bilateral agreements already

concluded between a Member State of the Union and Switzerland that are more

favourable than the applicable rules of the Union and Switzerland.

5. Notwithstanding paragraph 1, Article 10(1), (2) and (5) of the Institutional Protocol to the

Agreement shall apply mutatis mutandis to disputes arising from paragraphs 2 and 3 of this

Protocol. In those cases, Article 11 of the Institutional Protocol to the Agreement shall also

apply mutatis mutandis, except that proportionate compensatory measures may only be

adopted within the framework of the Agreement.

The Appendix to the Institutional Protocol to the Agreement on the Arbitral Tribunal shall apply

mutatis mutandis, except for Articles I.4 paragraph 4, III.4 paragraph 3 second sentence,

III.5 paragraph 2 third sentence, III.9 and III.10 paragraph 5.

1 Directive 2004/38/EC (OJ L 158, 30.4.2004, p 77), as applicable according to Annex I to the

Agreement.

& /en

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

& /en 1

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

and

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

HAVING REGARD 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, done at

Brussels on 21 June 1999, (hereinafter referred to as the "Agreement"), which entered into force

on 1 June 2002;

HAVING REGARD to the Protocol to the Agreement of 21 June 1999 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 regarding the participation, as Contracting Parties, of the Czech

Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of

Slovenia and the Slovak Republic pursuant to their accession to the European Union, done at

Brussels on 26 October 2004, which entered into force on 1 April 2006;

HAVING REGARD to the Protocol to the Agreement of 21 June 1999 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 regarding the participation as Contracting Parties of the

Republic of Bulgaria and Romania pursuant to their accession to the European Union, done at

Brussels on 27 May 2008, which entered into force on 1 June 2009;

& /en 2

HAVING REGARD to the 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, regarding the participation of the Republic of Croatia as a Contracting Party, following its

accession to the European Union, done at Brussels of 4 March 2016, which entered into force

on 1 January 2017;

WHEREAS agreements concluded by the Union are binding upon the institutions of the Union and

on its Member States; this Protocol therefore applies to the Contracting Parties as set out in the

Agreement;

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

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

provided for within the Union;

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

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

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

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

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

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

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

the internal market;

& /en 3

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:

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1

Objectives

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

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

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

& /en 4

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

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

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

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

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

or the objectives of the Agreement, notably:

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

Agreement;

(b) the uniform interpretation and application of the Agreement and of the legal acts of the Union

to which reference is made in the Agreement;

(c) the surveillance and application of the Agreement; and

(d) the settlement of disputes in the context of the Agreement.

ARTICLE 2

Relation to the Agreement

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

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

(a) Article 16;

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(b) Article 17;

(c) Article 19.

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

construed as references to the Union.

ARTICLE 3

Bilateral agreements in the fields related to the internal market

in which Switzerland participates

1. 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.

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

which Switzerland participates.

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CHAPTER 2

ALIGNMENT OF THE AGREEMENT WITH LEGAL ACTS OF THE UNION

ARTICLE 4

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

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

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

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

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

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

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

the Joint Committee.

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

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

Union, in a continuous process of information and consultation.

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

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

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

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

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

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

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

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

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

Union.

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

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

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

drawn up and updated by the Joint Committee.

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

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

ARTICLE 5

Integration of legal acts of the Union

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

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

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

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

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2. Legal acts of the Union integrated into the Agreement in accordance with paragraph 4 shall

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

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

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

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

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

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

quickly as possible to amend Annexes I to III to the Agreement, including the necessary

adaptations.

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

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

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

Agreement.

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

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

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

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

that decision.

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

thereof falling within the scope of an exception listed below:

– Article 5g [Prior notification period and controls];

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– Article 5h [Financial guarantees and sanctions];

– Article 5i [Proof of self-employment];

– Article 5j [Non-regression];

– Article 7b [Students];

– Article 7e [Permanent residence];

– Article 7f [Purchase of immovable property];

– Article 7g [Identity cards];

– Article 7h [Expulsion].

– Annex II Co-ordination of Social Security Schemes, Part II. Sectoral Adaptations, Point 1. a-f.

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

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

of the Union becomes applicable in the Union.

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

Article in order to facilitate decision-making.

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10. The Union and Switzerland shall be mindful of the principle of "equal pay for equal work at

the same place" and Switzerland's dual enforcement system.

ARTICLE 6

Fulfilment of constitutional obligations by Switzerland

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

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

by Switzerland in order to become binding.

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

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

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

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

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

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

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

provides the reasons for this.

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.

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

fulfilled the constitutional obligations referred to in paragraph 1.

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

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

legal act of the Union becomes applicable in the Union.

CHAPTER 3

INTERPRETATION AND APPLICATION OF THE AGREEMENT

ARTICLE 7

Uniform interpretation principle

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

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

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

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

market in which Switzerland participates.

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

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

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

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

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ARTICLE 8

Effective and harmonious application principle

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

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

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

discuss issues of mutual interest.

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

harmonious application of the Agreement on its territory.

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

Contracting Parties within the Joint Committee.

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

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

solution.

4. The Commission and the competent Swiss authorities respectively shall monitor the

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

Article 10 applies.

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

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

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

specifically.

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ARTICLE 9

Exclusivity principle

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

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

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

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

for in this Protocol.

ARTICLE 10

Procedure in the event of difficulty of interpretation or application

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

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

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

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

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

the proper functioning of the Agreement to be maintained.

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

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

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

in the Appendix.

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

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

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

Court of Justice of the European Union.

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

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

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

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

European Union.

4. 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.

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

arbitral tribunal's decision.

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

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

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

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6. The safeguards set out in Joint Declaration on refusing social assistance and terminating

residence prior to the acquisition of permanent residence and Joint Declaration on the notification of

the taking up of employment, annexed to the Agreement, shall be taken into consideration in good

faith in the context of resolving the disputes submitted to the Joint Committee.

The first subparagraph shall apply for as long as, and to the extent that, the safeguards remain

compatible with the relevant legal acts of the Union as integrated into the Agreement. The

safeguards shall not affect the application of Article 5(1) of this Protocol.

ARTICLE 11

Compensatory measures

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

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

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

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

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

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

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

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

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

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

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

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

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

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

those compensatory measures, in accordance with the Appendix.

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

Appendix.

4. 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.

ARTICLE 12

Cooperation between jurisdictions

1. 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.

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

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

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

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

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CHAPTER 4

OTHER PROVISIONS

ARTICLE 13

Financial contribution

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

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

accordance with this Article and the Annex.

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

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

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

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

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

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

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

activity.

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

(a) an operational contribution; and

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(b) a participation fee.

4. 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.

5. 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 (EUROSTAT), 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.

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

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

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

defined in Article 1 of the Annex.

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

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

implementing the budget, such as work programmes or contracts.

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All reference amounts shall be based on commitment appropriations.

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

in accordance with paragraphs 5 and 6.

8. 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.

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

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

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

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

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

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

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

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

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

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ARTICLE 14

References to territories

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

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

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

the territories referred to in Article 24 of the Agreement.

ARTICLE 15

References to nationals of Member States of the Union

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

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

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

ARTICLE 16

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

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

implementation are not relevant for the purposes of the Agreement.

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

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

well as from provisions on transitional arrangements.