30 JANVIER 2002. - An Act to approve the Convention between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other hand, on the free movement of persons, made in Luxembourg on 21 June 1999 (2) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other hand, on the free movement of persons, the Annexes, I, II, and III, the Protocols and the Final Act, made in Luxembourg on 21 June 1999, will come out its full and complete effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 January 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Employment,
Ms. L. ONKELINX
The Minister of the Interior,
A. DUQUESNE
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
Minister of Justice,
Mr. VERWILGHEN
Minister of Telecommunications,
Enterprises and Public Participations,
R. DAEMS
Minister of Economy,
Ch. PICQUE
Deputy Minister for Foreign Affairs
Ms. A. NEYTS-UYTTEBROECK
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 26 February 2001, No. 2-674/1. - Report made on behalf of the commission, No. 2-674/2. - Supplementary report, No. 2-674/3.
Annales parliamentarians. - Discussion, meeting of May 17, 2001. - Vote, meeting of 17 May 2001.
Room.
Documents. - Project transmitted by the Senate, No. 50-1260/1. - Report made on behalf of the commission, no. 50-1260/2. - Text adopted in plenary and subject to Royal Assent, No. 50-1260/3.
Annales parliamentarians. - Discussion, meeting of July 19, 2001. - Voting, meeting of 19 July 2001.
(2) See also the Decree of the French Community of 15 November 2001 (Moniteur belge of 4 December 2001), the Decree of the Flemish Community/ Flemish Region of 21 December 2001 (Moniteur belge of 24 January 2002), the Decree of the German-speaking Community of 18 December 2000 (Moniteur belge of 10 February 2001 (Ed. 2), the Decree of the Walloon Region of 20 December 2001 (Moniteur belge of 10 February 2002)

AGREEMENT BETWEEN EUROPEAN COMMUNITY AND MEMBERS, PARTY AND SWITZERLAND CONFEDERATION, ON THE CIRCULATION OF PERSONS
THE CONFEDERATION SUISSE, D'UNE PART,
and
the European Community,
the Kingdom of Belgium,
the Kingdom of Denmark,
the Federal Republic of Germany,
the Hellenic Republic,
the Kingdom of Spain,
the French Republic,
Ireland,
the Italian Republic,
the Grand Duchy of Luxembourg,
the Kingdom of the Netherlands,
the Republic of Austria,
the Portuguese Republic,
the Republic of Finland,
the Kingdom of Sweden,
the United Kingdom of Great Britain and Northern Ireland, on the other hand,
hereinafter referred to as the Contracting Parties
convinced that the freedom of persons to circulate on the territories of the contracting parties is an important element for the harmonious development of their relations,
decided to realize the free movement of persons between them by relying on the provisions in application in the European Community,
agreed to conclude the following agreement:
I. Basic provisions
Article 1
Objective
The objective of this agreement, in favour of nationals of the Member States of the European Community and Switzerland, is:
(a) grant a right of entry, residence, access to an employee economic activity, establishment as an independent and the right to remain in the territory of the contracting parties;
(b) Facilitate the provision of services in the territory of the contracting parties, in particular to liberalize the provision of short-term services;
(c) grant a right of entry and residence in the territory of the Contracting Parties to persons without economic activity in the host country;
(d) grant the same living, employment and working conditions as those granted to nationals.
Article 2
Non-discrimination
Nationals of a contracting party who legally reside in the territory of another contracting party are not, in the application and in accordance with the provisions of Annexes I, II and III of that agreement, discriminated against because of their nationality.
Article 3
Right of entry
The right of entry of nationals of a Contracting Party in the territory of another Contracting Party shall be guaranteed in accordance with the provisions set out in Annex I.
Article 4
Right to stay and access to economic activity
The right to stay and access to an economic activity is guaranteed subject to the provisions of Article 10 and in accordance with the provisions of Annex I.
Article 5
Service Provider
1. Without prejudice to other specific agreements relating to the provision of services between contracting parties (including the agreement on the public procurement sector as long as it covers the provision of services), a service provider, including companies in accordance with the provisions of Annex I, shall be entitled to provide a service for a benefit in the territory of the other contracting party that does not exceed 90 days of effective work per calendar year.
2. A service provider benefits from the right of entry and residence in the territory of the other contracting party
(a) if the service provider is entitled to provide a service under paragraph 1 or under the provisions of an agreement referred to in paragraph 1;
(b) or, where the conditions referred to in (a) are not met, if the authorization to provide a service has been granted to it by the competent authorities of the Contracting Party concerned.
3. Individuals from a Member State of the European Community or Switzerland who do not visit the territory of one of the Contracting Parties shall be entitled to entry and residence as recipients of services.
4. The rights referred to in this article shall be guaranteed in accordance with the provisions of annexes I, II and III. The quantitative limits of Article 10 are not applicable to persons referred to in this Article.
Article 6
Right to stay for people without economic activity
The right to stay in the territory of a Contracting Party shall be guaranteed to persons who do not exercise economic activity in accordance with the provisions of Annex I relating to non-active persons.
Article 7
Other rights
The contracting parties shall, in accordance with Annex I, in particular the following rights related to the free movement of persons:
(a) the right to equal treatment with nationals with respect to access to and exercise of economic activity and the living, employment and working conditions;
(b) the right to professional and geographical mobility, which allows nationals of the contracting parties to move freely in the territory of the host State and to practise the profession of their choice;
(c) the right to remain in the territory of a Contracting Party after the end of an economic activity;
(d) the right to stay of family members irrespective of their nationality;
(e) the right to exercise economic activity for family members, regardless of their nationality;
(f) the right to acquire immovables to the extent that it is related to the exercise of the rights conferred by this Agreement;
(g) during the transitional period, the right after the end of an economic activity or a stay in the territory of a contracting party to return to it in order to carry out an economic activity and the right to the transformation of a temporary residence permit in a sustainable manner.
Article 8
Coordination of social security systems
The Contracting Parties shall, in accordance with Annex II, coordinate social security systems with the aim of ensuring, inter alia:
(a) equal treatment;
(b) the determination of applicable legislation;
(c) the totalisation, for the opening and maintenance of the right to benefits, as well as for the calculation of benefits, of all periods taken into account by the various national legislations;
(d) payment of benefits to persons residing in the territory of the Contracting Parties;
e) mutual assistance and administrative cooperation between authorities and institutions.
Article 9
Diplomas, certificates and other titles
In order to facilitate access to and exercise of independent and employee activities by nationals of the Member States of the European Community and Switzerland, as well as the provision of services, the contracting parties shall take the necessary measures, in accordance with Annex III, concerning the mutual recognition of diplomas, certificates and other titles and the coordination of the legislative, regulatory and administrative provisions of the contracting parties concerning access to wage and non-earmarked activities.
II. General and final provisions
Article 10
Transitional provisions and development of the agreement
1. For the five years following the entry into force of the agreement, Switzerland may maintain quantitative limits on access to an economic activity for the following two categories of stay: for a duration greater than four months and less than one year and for a period equal to or greater than one year. Stays less than four months are not limited.
From the beginning of the sixth year, all quantitative limits on nationals of the Member States of the European Community will be abandoned.
2. Contracting Parties may, for a period of up to two years, maintain the controls of the priority of the worker integrated into the regular labour market and the conditions of pay and work for nationals of the other contracting party, including persons service providers referred to in Article 5. Before the end of the first year, the Joint Committee will consider the need to maintain these restrictions. It can shorten the maximum period of two years. Service providers liberalized by a specific agreement on the provision of services between contracting parties (including the agreement on certain aspects of public procurement as long as it covers service delivery) are not subject to the control of the worker's priority integrated into the regular labour market.
3. Upon the entry into force of this Agreement and for a period of up to the end of the fifth year, Switzerland reserves, within its global quotas, the following minima of new residence permits to employees and independent workers of the European Community: residence permits for a period equal to or greater than one year: 15,000 per year; stays of more than four months and less than one year: 115,500 per year.
4. Notwithstanding the provisions of paragraph 3, the following terms and conditions have been agreed between the Contracting Parties: If after five years and up to 12 years after the entry into force of the agreement, for a given year, the number of new residence titles of one of the categories referred to in paragraph 1 issued to employed and independent workers of the European Community is greater than the average of the three previous years of more than 10%, Switzerland may, unilaterally, for the following year, limit the number of new residence titles of this category to the average three years of employed and independent workers. The following year the number can be limited to the same level.
Notwithstanding the provisions of the preceding paragraph, the number of new residence permits issued to employees or independent workers of the European Community may not be limited to less than 15,000 per year for new residence permits for a period equal to or greater than one year and to 115,500 per year for stays of more than four months and less than one year.
5. The transitional provisions of paragraphs 1 to 4, and in particular those of paragraph 2 concerning the priority of the worker integrated in the regular labour market and the control of the conditions of pay and work, do not apply to wage and self-employed workers who, at the time of the entry into force of this Agreement, are authorized to exercise economic activity in the territory of the contracting parties. These include geographical and vocational mobility. Holders of a residence permit of less than one year are entitled to the renewal of their residence permit; the exhaustion of quantitative limits is not enforceable. Holders of a residence permit of one year or more automatically have the right to the extension of their residence permit; these employees and independent workers shall therefore, from the entry into force of the agreement, have the rights related to the free movement of persons established in the basic provisions of this Agreement and especially Article 7.
6. Switzerland regularly and quickly communicates relevant statistics and information to the joint committee, including measures to implement paragraph 2. Each Contracting Party may request a review of the situation in the Joint Committee.
7. No quantitative limitation is applicable to border workers.
8. The transitional provisions concerning social security and the retrocession of unemployment insurance contributions are regulated in the Protocol in Annex II.
Article 11
Treatment of appeals
1. The persons referred to in this Agreement shall have a right of appeal with regard to the application of the provisions of this Agreement with the competent authorities.
2. Appeals must be dealt with within a reasonable period of time.
3. Decisions rendered on appeal, or the absence of a decision within a reasonable period of time, provide the opportunity, to persons covered by this Agreement, to appeal to the competent national judicial body.
Article 12
More favourable provisions
This Agreement does not prejudge more favourable national provisions that may exist for both nationals of the Contracting Parties and for members of their families.
Article 13
Stand still
The Contracting Parties undertake not to adopt further restrictive measures with respect to nationals of the other party in the areas of application of this Agreement.
Article 14
Joint Committee
1. A joint committee is established, composed of representatives of the contracting parties, which is responsible for the management and proper implementation of the agreement. To this end, it makes recommendations. It makes decisions in the cases provided for in the agreement. The joint committee agrees.
2. In the event of serious economic or social difficulties, the joint committee shall meet, at the request of one of the Contracting Parties, to consider appropriate measures to remedy the situation. The joint committee may decide on the action to be taken within 60 days of the date of the application. This may be extended by the joint committee. These measures are limited, within their scope and duration, to what is strictly necessary to remedy the situation. The measures that disrupt the operation of this Agreement shall be selected.
3. For the purpose of the successful implementation of the agreement, the contracting parties regularly exchange information and, at the request of one of them, consult with the joint committee.
4. The Joint Committee meets on an as-needed basis and at least once a year. Each party may request a meeting. The Joint Committee shall meet within fifteen days of the application referred to in paragraph 2.
5. The joint committee shall establish its rules of procedure, which shall include, inter alia, the arrangements for convening meetings, the appointment of its chair and the definition of its mandate.
6. The joint committee may decide to establish any working group or experts to assist it in carrying out its tasks.
Article 15
Annexes and protocols
The annexes and protocols to this Agreement shall be an integral part of this Agreement. The final act contains statements.
Article 16
Reference to community law
1. In order to achieve the objectives of this Agreement, Contracting Parties shall take all necessary measures to ensure that the rights and obligations equivalent to those contained in the legal acts of the European Community to which reference is made find application in their relations.
2. To the extent that the application of this Agreement involves notions of community law, it will be taken into account the relevant jurisprudence of the Court of Justice of the European Communities prior to the date of its signature. Case law after the date of signing of this Agreement shall be communicated to Switzerland. In order to ensure the proper operation of the agreement, at the request of a contracting party, the joint committee will determine the implications of this case law.
Article 17
Development of law
1. As soon as a contracting party has commenced the process of adopting a draft amendment to its domestic legislation, or as soon as there is a change in the jurisprudence of the bodies whose decisions are not subject to a judicial remedy of domestic law in an area governed by this Agreement, the Contracting Party concerned shall inform the other party through the joint committee.
2. The joint committee shall exchange views on the implications of such an amendment for the proper operation of the agreement.
Article 18
Revision
If a Contracting Party wishes to review this Agreement, it shall submit a proposal to that effect to the Joint Committee. The amendment to this Agreement shall enter into force after the completion of the respective internal procedures, with the exception of an amendment to Schedules II and III to be decided by the Joint Committee and which may enter into force immediately after that decision.
Article 19
Settlement of disputes
1. Contracting Parties may submit any dispute relating to the interpretation or application of this Agreement to the joint committee.
2. The joint committee can resolve the dispute. All relevant information to enable a thorough review of the situation with a view to finding an acceptable solution are provided to the joint committee. To this end, the Joint Committee shall consider all possibilities for maintaining the proper functioning of this Agreement.
Rule 20
Relationship with bilateral social security agreements
Unless otherwise provided by Annex II, bilateral social security agreements between Switzerland and the Member States of the European Community shall be suspended from the date of entry into force of this Agreement, to the extent that the same matter is governed by this Agreement.
Article 21
Relationship with bilateral agreements on double taxation
1. The provisions of bilateral agreements between Switzerland and the member States of the European Community on double taxation are not affected by the provisions of this Agreement. In particular, the provisions of this Agreement shall not affect the definition of the border worker according to double taxation agreements.
2. Nothing in this Agreement may be construed in such a way as to prevent Contracting Parties from making a distinction, in the application of the relevant provisions of their tax legislation, between taxpayers who are not in comparable situations, in particular with respect to their place of residence.
3. Nothing in this Agreement shall be precluded from the adoption or application by the Contracting Parties of a measure intended to ensure the taxation, payment and effective recovery of taxes or to avoid tax evasion in accordance with the provisions of the national tax legislation of a Contracting Party or agreements to avoid double taxation binding on Switzerland, on the one hand, and one or more Member States of the European Community, on the other hand, or other tax arrangements.
Article 22
Relationship with bilateral agreements in matters other than social security and double taxation
1. Notwithstanding the provisions of Articles 20 and 21, this Agreement shall not affect the agreements binding on Switzerland, on the one hand, and one or more Member States of the European Community, on the other hand, such as agreements concerning individuals, economic agents, cross-border cooperation or small border traffic, to the extent that they are compatible with this Agreement.
2. In the event of incompatibility between these agreements and this Agreement, the Agreement shall prevail.
Article 23
Rights acquired
In the event of denunciation or non-reappointment, the rights acquired by individuals are not affected. The contracting parties will agree on the fate of the rights being acquired.
Article 24
Field of territorial application
This Agreement applies, on the one hand, to the territory of Switzerland, on the other hand, to the territories where the Treaty establishing the European Community is applicable and under the conditions provided for in that Treaty.
Rule 25
Entry into force and duration
1. This Agreement shall be ratified or approved by the Contracting Parties in accordance with their own procedures. It will enter into force on the first day of the second month following the last notification of the deposit of instruments of ratification or approval of all the following seven agreements:
- agreement on the free movement of persons
- air transport agreement
- agreement on the transport of goods and passengers by rail and road
- agreement on trade in agricultural products
- agreement on mutual recognition of conformity assessment
- agreement on certain aspects of public procurement
- agreement on scientific and technological cooperation.
2. This Agreement shall be concluded for an initial period of seven years. It is extended for an indefinite period unless the European Community or Switzerland notifies the contrary to the other contracting party before the expiry of the initial period. In the event of notification, the provisions of paragraph 4 shall apply.
3. The European Community or Switzerland may denounce this Agreement by notifying its decision to the other Contracting Party. In the event of notification, the provisions of paragraph 4 shall apply.
4. The seven agreements referred to in paragraph 1 shall cease to apply six months after receipt of the notification relating to non-reappointment referred to in paragraph 2 or to the denunciation referred to in paragraph 3.

Annex I
Free movement of people
I. General provisions
Article 1
Entrance and exit
1. The Contracting Parties shall admit to their territory the nationals of the other Contracting Parties, the members of their families within the meaning of Article 3 of this Annex, as well as the detached workers within the meaning of Article 17 of this Annex on a simple presentation of an identity card or a valid passport.
No entry visa or equivalent obligation may be imposed, except for family members and detached workers within the meaning of Article 17 of this annex, who do not have the nationality of a contracting party. The Contracting Party concerned shall grant such persons all facilities to obtain the necessary visas.
2. The Contracting Parties shall recognize to the nationals of the Contracting Parties, to the members of their families within the meaning of Article 3 of this Annex, and to the detached workers within the meaning of Article 17 of this Annex, the right to leave their territory on a simple presentation of a valid identity card or passport. Contracting Parties may not impose an exit visa or equivalent obligation on nationals of other Contracting Parties.
Contracting Parties shall issue or renew to their nationals, in accordance with their legislation, an identity card or passport specifying their nationality.
The passport must be valid at least for all contracting parties and for countries in direct transit between them. When the passport is the only document valid for leaving the country, the validity period may not be less than five years.
Article 2
Stay and economic activity
1. Without prejudice to the provisions of the transitional period established in Article 10 of this Agreement and Chapter VII of this Annex, nationals of a Contracting Party shall have the right to remain and to exercise economic activity in the territory of the other Contracting Party in accordance with the terms and conditions set out in Chapters II to IV. This right is recognized by the issuance of a residence permit or specific for the border.
Nationals of contracting parties also have the right to travel to another contracting party or to stay there after the end of a term of less than one year to seek employment and to stay there for a reasonable period of time, which may be six months to allow them to take note of job offers corresponding to their professional qualifications and to take, where appropriate, the necessary measures for the purpose of being hired. Employment researchers have the right, in the territory of the Contracting Party concerned, to receive the same assistance as that granted by the employment offices of that State to its own nationals. They may be excluded from social assistance during the duration of this stay.
2. Nationals of contracting parties who do not exercise economic activity in the host State and who do not enjoy a right of residence under other provisions of this Agreement have, as long as they meet the prerequisites required in Chapter V, a right of residence. This right is recognized by the issuance of a residence permit.
3. The residence or specific title granted to nationals of the Contracting Parties shall be issued and renewed free of charge or against the payment of an amount not exceeding the fees and taxes required for the issuance of identity cards to nationals. The contracting parties shall take the necessary steps to make the formalities and procedures for obtaining these documents as much as possible.
4. Contracting Parties may require nationals of other contracting parties to report their presence on the territory.
Article 3
Members of the family
1. Members of the family of a person of a Contracting Party with a right of residence have the right to settle with it. The employee shall have a dwelling for his or her family, which is considered to be normal for domestic workers employed in the area where he or she is employed without any discrimination between national workers and workers from the other contracting party.
2. They are considered to be members of the family, regardless of their nationality:
a. spouse and descendants under the age of 21 or dependent;
b. its ascendants and dependent spouses;
c. in the case of the student, spouse and dependent children.
The contracting parties shall promote the admission of any member of the family who does not benefit from the provisions of this paragraph under (a) , (b) and (c) , if he is at the expense or lives in the countries of origin under the roof of the national of a contracting party.
3. For the issuance of the residence permit to the family members of a national of a Contracting Party, the contracting parties may request only the documents listed below:
a. the document under which they entered their territory;
b. a document issued by the competent authority of the State of origin or origin proving their relationship as a parent;
c. for dependants, a document issued by the competent authority of the State of origin or origin certifying that they are at the expense of the person referred to in paragraph 1 or that they live under his roof in that State.
4. The validity of the residence permit issued to a member of the family is the same as that of the person who has been issued to the person he or she depends on.
5. The spouse and children under the age of 21 or dependent on a person with a right of residence, regardless of nationality, have the right to access an economic activity.
6. Children of a national of a contracting party who exercises or not, or who has carried on an economic activity in the territory of the other contracting party, are admitted to general education, apprenticeship and vocational training courses under the same conditions as nationals of the receiving State, if these children reside in its territory.
The contracting parties encourage initiatives to enable these children to take the above courses in the best possible conditions.
Article 4
Right to remain
1. Nationals of a contracting party and members of their families have the right to remain in the territory of another contracting party after the end of their economic activity.
2. In accordance with Article 16 of the Agreement, reference is made to Regulation (EEC) 1251/70 (OJ No. L 142, 1970, p. 24) 1. and Directive 75/34/EEC (OJ No. L 14, 1975, p. 10) 1..
Article 5
Public order
1. The rights granted by the provisions of this Agreement may only be limited by measures justified by public, public safety and public health reasons.
2. In accordance with Article 16 of the Agreement, reference is made to directives 64/221/EEC (OJ No. 56, 1964, p. 850) 1., 72/194/EEC (OJ No. L 121, 1972, p. 32) 1. and 75/35/EEC (OJ No. L 14, 1975, p. 10) 1..
II. Employee workers
Article 6
Regulation of stay
1. The employee who is a national of a contracting party (hereinafter referred to as an employee) who is employed for a period equal to or greater than one year in the service of an employer of the receiving State shall be granted a residence permit for a period of not less than five years from the date of its issuance. It is automatically extended for at least five years. During the first renewal, its validity period may be limited, without being less than one year, when its holder has been in a situation of involuntary unemployment for more than twelve consecutive months.
2. The employee who is employed for a period of more than three months and less than one year in the service of an employer of the receiving State shall be granted a residence permit of equal duration to that provided for in the contract.
The employee who is employed for a term not exceeding three months does not need a residence permit.
3. For the issuance of residence permits, Contracting Parties may only request the worker to submit the following documents:
(a) the document under cover of which it entered the territory;
(b) a statement of employer engagement or work certificate.
4. The residence permit is valid for the entire territory of the State which issued it.
5. Disruptions of stay not exceeding six consecutive months and absences motivated by the fulfilment of military obligations do not affect the validity of the residence permit.
6. The valid residence permit may not be withdrawn from the employee by the sole reason that he or she is no longer employed, or that the employee has been temporarily unable to work as a result of an illness or accident, or that he or she is in unintentional unemployment situation duly recognized by the competent labour office.
7. The completion of the formalities for obtaining the residence permit cannot hinder the immediate implementation of the contract of work concluded by the applicants.
Article 7
Employee border workers
1. The employee is a national of a contracting party who has his residence in the territory of a contracting party and who has an employee activity in the territory of the other contracting party by returning to his domicile in principle every day, or at least once a week.
2. Border workers do not need a residence permit.
However, the competent authority of the State of employment may provide the worker with a specific title for a period of not less than five years or for the duration of employment if the worker is more than three months and less than one year. It is extended for at least five years as long as the border worker produces evidence that he is engaged in economic activity.
3. The specific title is valid for the entire territory of the State which issued it.
Article 8
Professional and geographical mobility
1. Employee workers have the right to professional and geographical mobility throughout the territory of the host State.
2. Vocational mobility includes the change of employer, employment, occupation and the shift from employee to independent activity. Geographical mobility includes changing places of work and residence.
Article 9
Equal treatment
1. An employee who is a national of a contracting party may not, on the territory of the other contracting party, be treated differently from the national wage-earners with respect to the conditions of employment and employment, particularly in respect of remuneration, dismissal, and re-employment if he or she has fallen unemployed.
2. The employee and family members referred to in Article 3 of this annex shall enjoy the same tax and social benefits as national wage workers and members of their families.
3. It also benefits in the same way and under the same conditions as national employees in the teaching of vocational schools and rehabilitation or rehabilitation centres.
4. Any clause of a collective or individual agreement or other collective regulations relating to access to employment, employment, remuneration and other conditions of work and termination, shall be void of full right to the extent that it provides or authorizes discriminatory conditions with respect to non-national workers nationals of the contracting parties.
5. An employee who is a national of a contracting party, occupied in the territory of the other contracting party, shall be entitled to equal treatment in respect of affiliation with trade union organizations and the exercise of trade union rights, including the right to vote and access to administrative or executive positions of a trade union organization; may be excluded from participation in the management of public law bodies and the exercise of a public law function. It also enjoys the right of eligibility to representation bodies of employees in the company.
These provisions do not affect legislation or regulations which, in the receiving State, grant more extensive rights to employed workers from the other contracting party.
6. Without prejudice to the provisions of Article 26 of this annex, an employee who is a national of a Contracting Party, who is occupied in the territory of the other Contracting Party, shall be entitled to all the rights and benefits accorded to national wage workers in respect of housing, including access to the property of the housing that it requires.
The worker may, in the same way as nationals, register in the area where he or she is employed, on the lists of housing applicants in the places where such lists are held, and he or she benefits from the benefits and priorities arising therefrom.
His family remained in the State of origin is considered, for this purpose, to be a resident of the said region, since national workers enjoy similar presumption.
Article 10
Employment in public administration
A national of a contracting party carrying on an employee activity may be denied the right to occupy a job in the public administration related to the exercise of the public power and intended to safeguard the general interests of the State or other public authorities.
Article 11
Investment collaboration
The contracting parties collaborate in the Eures (European Employment Services) network, in particular in the area of contacting and clearing of job offers and applications, as well as in the exchange of information on the situation of the labour market and the living and working conditions.
III. Independent
Article 12
Regulation of stay
1. A national of a contracting party wishing to settle in the territory of another contracting party for the purpose of carrying out a non-employed activity (hereinafter referred to as an independent) shall be granted a residence permit for a period of not less than five years from the date of its issuance provided that he or she proves to the competent national authorities that he or she is established or wishes to establish himself for that purpose.
2. The residence permit is automatically extended for at least five years, provided that the independent produces evidence to the competent national authorities that it carries out a non-earmarked economic activity.
3. For the issuance of residence permits, the contracting parties may only ask the independent:
(a) the document under the cover of which it entered the territory;
(b) the evidence referred to in paragraphs 1 and 2.
4. The residence permit is valid for the entire territory of the State which issued it.
5. Disruptions of stay not exceeding six consecutive months and absences motivated by the fulfilment of military obligations do not affect the validity of the residence permit.
6. The valid residence permit may not be withdrawn to persons referred to in paragraph 1 because it is no longer active because of a temporary incapacity for work resulting from illness or accident.
Article 13
Independent Frontaliers
1. The independent border is a national of a contracting party who has his residence in the territory of a contracting party and has a non-earmarked activity in the territory of the other contracting party by returning to his domicile in principle every day, or at least once a week.
2. Independent borders do not need a residence permit.
However, the competent authority of the State concerned may provide the independent border with a specific title for a period of not less than five years provided that it produces evidence to the competent national authorities that it exercises or wants to exercise an independent activity. It is extended for at least five years as long as the frontier produces evidence that he or she carries out an independent activity.
3. The specific title is valid for the entire territory of the State which issued it.
Article 14
Professional and geographical mobility
1. The independent has the right to professional and geographical mobility throughout the territory of the host State.
2. Occupational mobility includes the change of profession and the transition from an independent activity to an employee activity. Geographical mobility includes changing places of work and residence.
Article 15
Equal treatment
1. The independent receives in the host country, with regard to access to a non-earmarked activity and its exercise, treatment not less favourable than that granted to its own nationals.
2. The provisions of Article 9 of this annex shall apply, mutatis mutandis, to the independents referred to in this chapter.
Article 16
Exercise of the Public Power
The independent may be denied the right to participate, even on occasion, in the exercise of the public authority.
IV. Provision of services
Article 17
Service Provider
The provision of services is prohibited under section 5 of this Agreement:
(a) any restrictions on the provision of cross-border services in the territory of a contracting party not exceeding 90 days of effective work per calendar year.
(b) any restrictions relating to entry and stay in the cases referred to in Article 5 paragraph 2 of this Agreement with respect to
(i) nationals of the member States of the European Community or Switzerland who are service providers and are established in the territory of one of the contracting parties, other than that of the recipient of services;
(ii) employees, regardless of their nationality, of a service provider integrated in the regular labour market of a contracting party and who are seconded for the provision of a service in the territory of another contracting party, without prejudice to Article 1.
Article 18
The provisions of Article 17 of this Annex shall apply to companies that are incorporated in accordance with the legislation of a Member State of the European Community or Switzerland and having their seat as a member, central administration or principal place of business in the territory of a Contracting Party.
Article 19
A service provider who has the right or has been authorized to provide a service may, for the performance of the service, exercise, on a temporary basis, its activity in the State where the service is provided under the same conditions as that State imposes on its own nationals, in accordance with the provisions of this annex and annexes II and III.
Rule 20
1. Persons referred to in Article 17(b) of this Annex who have the right to provide a service do not need a residence permit for stays less than or equal to 90 days. The documents referred to in Article 1 under the cover of which these persons entered the territory cover their stay.
2. A person referred to in Article 17(b) of this Schedule who has the right to provide a service for a period of more than 90 days or who has been authorized to provide a service shall be entitled to a residence permit for a period equal to that of the service.
3. The right of residence extends to all the territory of Switzerland or the member state concerned of the European Community.
4. For the issuance of residence permits, Contracting Parties may only apply to persons referred to in Article 17 (b) of this Annex:
(a) the document under cover of which they entered the territory;
(b) proof that they perform or wish to perform a service delivery.
Article 21
1. The total duration of a service benefit referred to in section 17 (a) of this Schedule, whether it is an uninterrupted benefit or successive benefits, shall not exceed 90 days of effective work per calendar year.
2. The provisions of the first paragraph do not prejudge or fulfil the legal obligations of the service provider with respect to the warranty obligation vis-à-vis the service provider or the case of force majeure.
Article 22
1. Except for the application of the provisions of Articles 17 and 19 of this Annex, the activities participating, even on occasion, in the exercise of the public authority in the Contracting Party concerned.
2. The provisions of sections 17 and 19 of this Schedule, as well as the measures taken under these Schedules, do not prejudge the applicability of the legislative, regulatory and administrative provisions providing for the application of conditions of work and employment to workers who are seconded as part of a service delivery. In accordance with Article 16 of this Agreement, reference is made to Directive 96/71/EC of 16 December 1996 (OJ No. L 18, 1997, p. 1) 1. related to the detachment of workers as part of a service delivery.
3. The provisions of Articles 17 (a) and 19 of this Annex do not prejudge the applicability of the existing legislative, regulatory and administrative provisions in each Contracting Party at the entry into force of this Agreement with respect to
(i) activities of temporary and interim work agencies;
(ii) financial services whose fiscal year requires prior authorization in the territory of a contracting party and whose provider is subject to prudential control by the public authorities of that contracting party.
4. The provisions of Articles 17 (a) and 19 of this annex do not prejudge the applicability of the legislative, regulatory and administrative provisions of each contracting party with respect to the services of less than or equal to 90 days of effective work, justified by compelling reasons related to a general interest.
Article 23
Recipient of services
1. The recipient of services referred to in Article 5 (3) of this Agreement does not need a residence permit for stays less than or equal to three months. For stays greater than three months, the service recipient receives a residence permit of equal duration to that of the benefit. He may be excluded from social assistance during his stay.
2. The residence permit is valid for the entire territory of the State which issued it.
V. People not engaged in economic activity
Article 24
Regulation of stay
1. A person who is a national of a Contracting Party who has no economic activity in the State of residence and who has no right of residence under other provisions of this Agreement shall be granted a residence permit of at least five years, provided that he or she proves to the competent national authorities that he or she has for himself and the members of his or her family:
(a) sufficient financial means to avoid social assistance during their stay;
(b) health insurance covering all risks 2..
Contracting Parties may, when they feel necessary, request the revalidation of the residence permit at the end of the first two years of stay.
2. The necessary financial means that exceed the amount below which nationals, in the light of their personal situation and, where appropriate, and those of their family members, may claim assistance benefits. Where this condition cannot apply, the applicant's financial means are considered sufficient when they are higher than the minimum social security pension paid by the host State.
3. Persons who have been employed for a period of less than one year in the territory of a contracting party may stay there, provided that they meet the conditions set out in paragraph 1 of this Article. The unemployment benefits to which they are entitled in accordance with the provisions of national legislation, if any supplemented by the provisions of Annex II, are to be regarded as financial means within the meaning of paragraphs 1 (a) and 2 of this Article.
4. A residence permit, of a duration limited to that of the training or to a year if the duration of the training exceeds one year, is issued to the student who does not have a right of stay in the territory of the other contracting party on the basis of another provision of this agreement and who by declaration or choice of the student by any other means at least equivalent, assures the national authority concerned to have a joint charge so that the student, This agreement does not regulate access to vocational training or the assistance granted for their maintenance to students covered by this article.
5. The residence permit is automatically extended for at least five years, as long as the admission conditions are always met. For the student, the residence permit is extended annually for a duration corresponding to the residual duration of the training.
6. Disruptions of stay not exceeding six consecutive months and absences motivated by the fulfilment of military obligations do not affect the validity of the residence permit.
7. The residence permit is valid for the entire territory of the State which issued it.
8. The right of residence shall remain as long as the beneficiaries of this right meet the requirements of paragraph 1.
VI. Real estate acquisitions
Rule 25
1. A national of a contracting party who has a right of residence and who constitutes his principal residence in the receiving State shall enjoy the same rights as a national in the area of the acquisition of buildings. He may at any time establish his principal residence in the host State, according to national rules, regardless of the duration of his employment. The departure from the receiving State does not imply any obligation of alienation.
2. A national of a contracting party who has a right of residence and who does not constitute his principal residence in the receiving State shall enjoy the same rights as a national with respect to the acquisition of buildings that are used for the exercise of an economic activity; these rights do not imply any obligation of alienation when it leaves the host State. It may also be authorized to acquire a secondary residence or vacation accommodation. For this category of nationals, this Agreement does not affect the rules in force concerning the pure investment of capital and the trade in unbuilt land and housing.
3. A borderline enjoys the same rights as a national with respect to the acquisition of buildings that are used for the exercise of an economic activity and a secondary residence; these rights do not imply any obligation of alienation when it leaves the host State. It may also be allowed to acquire vacation accommodation. For this category of nationals, this agreement does not affect the rules in force in the host State concerning the pure investment of capital and the trade of unbuilt land and housing.
VII. Transitional provisions and development of the agreement
Rule 26
General
1. When the restrictions provided for in Article 10 of this Agreement are applied, the provisions contained in this chapter supplement, respectively, the other provisions of this annex.
2. When the restrictions provided for in Article 10 of this Agreement are applied, the exercise of an economic activity is subject to the issuance of a residence and/or work permit.
Rule 27
Regulation of stay of employees
1. The residence permit of an employee for a work contract of less than one year is extended up to a total duration of less than twelve months, provided that the employee produces proof to the competent national authorities that he or she may exercise an economic activity. A new residence permit is issued as long as the employee produces evidence that he or she may exercise economic activity and that the quantitative limits provided for in Article 10 of this Agreement are not met. There is no obligation to leave the country between two employment contracts in accordance with Article 24 of this annex.
2. During the period referred to in Article 10 paragraph 2 of this Agreement, a Contracting Party may, for the issuance of an initial residence permit, require a written contract or a contract proposal.
3. (a) Persons who previously occupied temporary employment in the territory of the host State for at least thirty months automatically have the right to take an open-ended employment 3.. A possible exhaustion of the number of guaranteed residence permits is not enforceable.
(b) Persons who have previously occupied seasonal employment in the territory of the host State of a total duration not less than fifty months in the last fifteen years and who do not meet the conditions to be entitled to a residence permit according to the provisions of paragraph (a) of this paragraph automatically have the right to take an open-ended employment.
Rule 28
Employee border workers
1. The employee border worker is a national of a contracting party who has his regular domicile in the border areas of Switzerland or its neighbouring States and who has an employee activity in the border areas of the other contracting party by returning to his principal residence on a daily basis, or at least once a week. The areas defined by the agreements reached between Switzerland and its neighbouring States relating to border traffic are considered border zones within the meaning of this Agreement.
2. The specific title is valid for the entire border area of the State which issued it.
Rule 29
Right to return employees
1. The employee who, on the date of entry into force of this Agreement, was entitled to a residence permit of at least one year and who has left the host country, has the right to privileged access within the quota for his residence permit within six years of his departure provided that he or she proves that he or she may exercise economic activity.
2. The border worker is entitled to a new specific title within six years of the end of his or her previous activity for an uninterrupted period of three years, subject to a review of the conditions of pay and work if he or she is employed for the two years following the entry into force of the agreement, and provided that he or she produces evidence to the competent national authorities that he or she may exercise economic activity.
3. Young people who have left the territory of a contracting party after having stayed there at least five years before the age of 21 will be entitled for a period of four years to return and exercise economic activity.
Rule 30
Geographical and professional mobility of employees
1. The employee with a residence permit of less than one year has, during the twelve months following the commencement of employment, a right to professional and geographical mobility. The transition from an employee to an independent activity is possible in respect of the provisions of Article 10 of this Agreement.
2. Specific titles issued to employee border workers give a right to professional and geographic mobility within all border areas of Switzerland or its neighbouring states.
Rule 31
Regulation of stay of independents
A national of a contracting party wishing to settle in the territory of another contracting party for the purpose of carrying out an independent activity (hereafter appointed independent) shall be granted a residence permit of six months. He receives a residence permit of at least five years as long as he produces, to the competent national authorities before the end of the six-month period, proof that he carries out an independent activity. This six-month period may, if necessary, be extended by a maximum of two months if it has real chances to present this evidence.
Rule 32
Independent Frontaliers
1. The independent borderline is a national of a contracting party who has his regular domicile in the border areas of Switzerland or its neighbouring States and has a non-earmarked activity in the border areas of the other contracting party by returning to his principal residence on a daily basis, or at least once a week. The areas defined by the agreements reached between Switzerland and its neighbouring States relating to border traffic are considered border zones within the meaning of this Agreement.
2. A national of a contracting party wishing to exercise as a frontier and as an independent agent an activity in the border areas of Switzerland or its neighbouring States shall be given a specific title of six months. It receives a specific title of at least five years, provided that it produces, before the end of the six-month period, evidence to the competent national authorities that it carries out an independent activity. This six-month period may, if necessary, be extended by a maximum of two months if it has real chances to present this evidence.
3. The specific title is valid for the entire border area of the State which issued it.
Rule 33
Right to return
1. The independent who has been granted a residence permit of at least five years, who has left the receiving State, is entitled to a new residence permit within six years of his departure, provided that he has already worked in the host country for an uninterrupted period of three years and that he proves to the competent national authorities that he may exercise economic activity.
2. The independent borderline is entitled to a new specific title within six years of the end of its previous activity of an uninterrupted duration of four years, and provided that it produces evidence to the competent national authorities that it can exercise economic activity.
3. Young people who have left the territory of a contracting party after having stayed there at least five years before the age of 21 will be entitled for a period of four years to return and exercise economic activity.
Rule 34
Geographic and professional mobility of independents
Specific titles issued to independent border borders give a right to professional and geographical mobility within the border areas of Switzerland or its neighbouring states. Residence titles (for border crossings: specific titles) for a period of six months only give a right to geographical mobility.
____
Notes
1. As in force on the date of signing of the agreement.
2. In Switzerland, the coverage of health insurance for those who do not elect home must also include accident and maternity benefits.
3. They are not subject to the priority of indigenous workers, nor to the monitoring of compliance with working conditions and wages in the branch and place.

Annex II
Coordination of social security systems
Article 1
1. The Contracting Parties agree to apply, among themselves, in the area of the coordination of social security systems, the community acts referred to in this Annex as in force on the date of the signing of the Agreement and as amended by section A of this Annex or the rules equivalent to them.
2. The term "member State(s)" in the acts referred to in section A of this annex is considered to refer, in addition to the States covered by the community acts in question, to Switzerland.
Article 2
1. For the purposes of this annex, Contracting Parties shall take into account the community acts referred to in this Annex as amended by section B of this Annex.
2. For the purposes of this annex, Contracting Parties shall take note of the community actions referred to in section C of this annex.
Article 3
1. The unemployment insurance plan for community workers with a Swiss residence permit of less than one year is set out in a protocol to this annex.
2. The protocol is an integral part of this annex.
SECTION A: ACTS IS REFERENCE
1. 371 R 1408 1. : Council Regulation (EEC) No. 1408/71 of 14 June 1971 on the application of social security schemes to employees, non-workers and members of their families travelling within the Community,
modified and updated by:
397 R 118: Council Regulation (EC) No 118/97 of 2 December 1996 (OJ L 28 of 30.01.97, p.1) amending and updating Regulation (EEC) No 1408/71 relating to the application of social security schemes to employed workers, non-earmarked workers and members of their families travelling within the Community, and Regulation (EEC) No. 574/72 setting out the regulations (EEC) No. 574/72
397 R 1290: Council Regulation (EC) No. 1290/97 of 27 June 1997 (OJ L 176 of 4.7.98, p.1), amending Regulation (EEC) No. 1408/71 relating to the application of social security schemes to employees, non-workers and members of their families travelling within the Community, and Regulation (EEC) No. 574/72 setting out the terms of EEC
398 R 1223: Council Regulation (EC) No 1223/98 of 4 June 1998 (OJ L 168 of 13.6.98, p. 1), amending Regulation (EEC) No 1408/71 relating to the application of social security schemes to employed workers, non-workers and members of their families who move within the Community, and Regulation (EEC) No. 574/72° establishing the terms and conditions
398 R 1606: Council Regulation (EC) No. 1606/98 of 29 June 1998 (OJ L 209 of 25.7.98, p.1), amending Regulation (EEC) No. 1408/71 concerning the application of social security schemes to employees, non-workers and members of their families who travel within the Community, and Regulation (EEC) No. 574/72 of the terms and conditions
399 R 307: Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ L 38 of 12.2.99, p.1), amending Regulation (EEC) No 1408/71 relating to the application of social security schemes to employees, non-workers and members of their families who travel within the Community and Regulation (EEC) No 574/72 setting out the terms and conditions of application of Regulation (EEC) No.
For the purposes of this Agreement, the Regulation shall be as follows:
(a) Article 95bis is not applicable;
(b) section 95ter is not applicable;
(c) Annex I section I is supplemented by the following text:
Switzerland
If a Swiss institution is the competent institution for the granting of health care benefits in accordance with Part III of the Regulation:
Is considered to be an employee within the meaning of Article 1^er (a) (ii) of the regulations any person who is an employee in the sense of the Federal Old and Survivor Insurance Act.
Is considered non-employed as defined in Article 1^er (a) (ii) of the regulations any person who is a non-employed worker within the meaning of the Federal Old and Survivor Insurance Act.
(d) Annex I section II is supplemented by the following text:
Switzerland
In order to determine the right to benefits in kind under Title III Chapter 1 of the Regulation, the term "family member" refers to the spouse as well as children under 18 years of age and those under 25 years of age who attend school or pursue studies or learning.
(e) Annex II section I is supplemented by the following text:
Switzerland
Family allowances to independent persons under the relevant cantonal legislation (Grisons, Lucerne and Saint-Gall).
(f) Annex II section II is supplemented by the following text:
Switzerland
Birth allowances and adoption allowances under the relevant cantonal legislation on family benefits (Fribourg, Geneva, Jura, Lucerne, Neuchâtel, Schaffhausen, Schwyz, Soleure, Uri, Valais, Vaud).
(g) Annex II section III is supplemented by the following text:
Switzerland
None.
(h) Annex IIbis is supplemented by the following text:
Switzerland
(a) Additional benefits (Federal Act on Supplementary Benefits of March 19, 1965) and similar benefits provided by cantonal legislation.
(b) Disability insurance annuities (Section 28(1) of the Federal Disability Insurance Act of 19 June 1959 in its revised version of 7 October 1994).
(c) Non-contributory mixed benefits in the event of unemployment, provided for in cantonal legislation.
(i) Annex III Part A is supplemented by the following text:
Germany - Switzerland
(a) With regard to the Social Security Convention of 25 February 1964 as amended by Supplementary Conventions No. 1 of 9 September 1975 and No. 2 of 2 March 1989
(i) Article 4 paragraph 2 of, with regard to the payment of cash benefits to persons residing in a third State;
(ii) Item 9 (b) Items 2 to 4 of the final protocol;
(iii) Item 9 (e) 1 (b) sentences 1, 2 and 4 of the final protocol.
(b) With respect to the unemployment insurance agreement of 20 October 1982, as amended by the additional protocol of 22 December 1992,
(i) Article 7 (1);
(ii) Article 8, paragraph 5. Germany (Community of Büsingen) participates, in the amount of the cantonal contribution according to Swiss law, in the cost of effective places of measures relating to the labour market occupied by workers subject to this provision.
Austria - Switzerland
Article 4 of the Social Security Convention of 15 November 1967 amended by supplementary conventions No. 1 of 17 May 1973, No. 2 of 30 November 1977, No. 3 of 14 December 1987 and No. 4 of 11 December 1996, with regard to the payment of cash benefits to persons residing in a third State.
Belgium - Switzerland
(a) Article 3, paragraph 1, of the Social Security Agreement of 24 September 1975 with regard to the payment of cash benefits to persons residing in a third State.
(b) Item 4 of the Final Protocol of the Convention concerning the payment of cash benefits to persons residing in a third State.
Denmark - Switzerland
Article 6 of the Social Security Convention of 5 January 1983 as amended by Supplementary Conventions No. 1 of 18 September 1985 and No. 2 of 11 April 1996, with regard to the payment of cash benefits to persons residing in a third State.
Spain - Switzerland
(a) Article 2 of the social security agreement of 13 October 1969 as amended by the supplementary agreement of 11 June 1982, with regard to the payment of cash benefits to persons residing in a third State.
(b) Item 17 of the Final Protocol to the Convention; persons insured in the Spanish insurance under this provision are exempt from affiliation to Swiss health insurance.
Finland - Switzerland
Article 5 (2) of the Social Security Convention of 28 June 1985.
France - Switzerland
Article 3 (1) of the Social Security Agreement of 3 July 1975 with regard to the payment of cash benefits to persons residing in a third State.
Greece - Switzerland
Article 4 of the Social Security Convention of 1^er June 1973 concerning the payment of cash benefits to persons residing in a third State.
Italy - Switzerland
(a) Article 3 second sentence of the social security agreement of 14 December 1962 amended by the supplementary agreement of 18 December 1963, the supplementary agreement No. 1 of 4 July 1969, the supplementary protocol of 25 February 1974 and the supplementary agreement No. 2 of 2 April 1980, with regard to the payment of cash benefits to persons residing in a third State.
(b) Article 9 (1) of the said Convention.
Luxembourg - Switzerland
Article 4 (2) of the Social Security Convention of 3 June 1967 as amended by the supplementary convention of 26 March 1976.
Netherlands - Switzerland
Article 4 second sentence of the Social Security Convention of 27 May 1970.
Portugal - Switzerland
Article 3 second sentence of the social security agreement of 11 September 1975, amended by the date of 11 May 1994, with regard to the payment of cash benefits to persons residing in a third State.
United Kingdom - United Kingdom
Article 3 paragraphs 1 and 2 of the Social Security Agreement of 21 February 1968 concerning the payment of cash benefits to persons residing in a third State.
Sweden - Switzerland
Article 5 (2) of the Social Security Convention of 20 October 1978.
(j) Annex III Part B is supplemented by the following text:
Germany - Switzerland
(a) With regard to the social security agreement of 25 February 1964 amended by the supplementary conventions No. 1 of 9 September 1975 and No. 2 of 2 March 1989, article 4 paragraph 2 with regard to the payment of cash benefits to persons residing in a third State.
(b) With respect to the unemployment insurance agreement of 20 October 1982, as amended by the additional protocol of 22 December 1992,
(i) Article 7 (1);
(ii) Article 8, paragraph 5. Germany (Community of Büsingen) participates, in the amount of the cantonal contribution according to Swiss law, in the cost of effective places of measures relating to the labour market occupied by workers subject to this provision.
Austria - Switzerland
Article 4 of the Social Security Convention of 15 November 1967 amended by supplementary conventions No. 1 of 17 May 1973, No. 2 of 30 November 1977, No. 3 of 14 December 1987 and No. 4 of 11 December 1996, with regard to the payment of cash benefits to persons residing in a third State.
Belgium - Switzerland
(a) Article 3, paragraph 1, of the Social Security Agreement of 24 September 1975 with regard to the payment of cash benefits to persons residing in a third State.
(b) Item 4 of the Final Protocol to the Convention concerning the payment of cash benefits to persons residing in a third State.
Denmark - Switzerland
Article 6 of the Social Security Convention of 5 January 1983 as amended by Supplementary Conventions No. 1 of 18 September 1985 and No. 2 of 11 April 1996, with regard to the payment of cash benefits to persons residing in a third State.
Spain - Switzerland
(a) Article 2 of the social security agreement of 13 October 1969 as amended by the supplementary agreement of 11 June 1982, with regard to the payment of cash benefits to persons residing in a third State.
(b) Item 17 of the Final Protocol to the Convention; persons insured in the Spanish insurance under this provision are exempt from affiliation to Swiss health insurance.
Finland - Switzerland
Article 5 (2) of the Social Security Convention of 28 June 1985.
France - Switzerland
Article 3 (1) of the Social Security Agreement of 3 July 1975 with regard to the payment of cash benefits to persons residing in a third State.
Greece - Switzerland
Article 4 of the Social Security Convention of 1^er June 1973 concerning the payment of cash benefits to persons residing in a third State.
Italy - Switzerland
(a) Article 3 second sentence of the social security agreement of 14 December 1962 amended by the supplementary agreement of 18 December 1963, the supplementary agreement No. 1 of 4 July 1969, the supplementary protocol of 25 February 1974 and the supplementary agreement No. 2 of 2 April 1980, with regard to the payment of cash benefits to persons residing in a third State.
(b) Article 9 (1) of the said Convention.
Luxembourg - Switzerland
Article 4 (2) of the Social Security Convention of 3 June 1967 as amended by the supplementary convention of 26 March 1976.
Netherlands - Switzerland
Article 4 second sentence of the Social Security Convention of 27 May 1970.
Portugal - Switzerland
Article 3 second sentence of the social security agreement of 11 September 1975 as amended by the date of 11 May 1994 with respect to the payment of cash benefits to persons residing in a third State.
United Kingdom - Switzerland
Article 3 paragraphs 1 and 2 of the Social Security Agreement of 21 February 1968 concerning the payment of cash benefits to persons residing in a third State.
Sweden - Switzerland
Article 5 (2) of the Social Security Convention of 20 October 1978.
(k) Annex IV Part A is supplemented by the following text:
Switzerland
None.
(l) Annex IV Part B is supplemented by the following text:
Switzerland
None.
(m) Annex IV Part C is supplemented by the following text:
Switzerland
All applications for old-age pension, survivors and disability of the basic plan and old-age pension of the occupational pension plan.
(n) Annex IV Part D2 is supplemented by the following text:
Survivors and Disability Pensions under the Federal Act on Old Age, Survivors and Disability of June 25, 1982.
(o) Annex VI is supplemented by the following text:
1. Section 2 of the Federal Life and Survivor Insurance Act and section 1^er the Federal Disability Insurance Act, which governs the optional insurance in these insurance branches for Swiss nationals residing in a State to which this Agreement does not apply, shall apply to persons residing outside Switzerland nationals of the other States to whom this Agreement applies and to refugees and stateless persons residing in the territory of those States, where such persons declare their membership in the optional insurance no later than one year from the day on which they are insured
When a person ceases to be insured with Swiss life insurance, survivors and disability after an uninterrupted period of insurance of at least five years, the person has the right to continue insurance with the employer's agreement, if the person works in a State to which this agreement does not apply on behalf of an employer in Switzerland and if the person makes the request within six months of the day on which it ceases.
3. Mandatory insurance in Swiss health insurance and exemption opportunities
(a) The following persons who do not reside in Switzerland are obligatoryly insured in Swiss health insurance:
(i) persons subject to Swiss legal provisions under Title II of the Regulation;
(ii) persons for whom Switzerland is the competent State under articles 28, 28 bis or 29 of the regulations;
(iii) persons benefiting from unemployment benefits of Swiss insurance;
(iv) members of the family of these persons or of a worker who resides in Switzerland and is insured in the Swiss health insurance, when these family members do not reside in one of the following States: Denmark, Spain, Portugal, Sweden, United Kingdom.
(b) The persons referred to in letter (a) may, upon request, be exempted from compulsory insurance if they reside in one of the following States and prove that they receive coverage in the event of illness: Austria, Finland, Italy and, in the cases referred to in letter (a) (i) B (iii) in Portugal.
This application must be filed within three months of the occurrence of the obligation to ensure in Switzerland; where the application is filed after this period, the insurance shall make its effect upon termination.
4. Individuals who reside in Austria, Belgium or the Netherlands but who are insured in Switzerland for health care in case of illness benefit in case of stay in Switzerland from the application by analogy of article 20, first and second sentence of the regulation. In these cases, the Swiss insurer is responsible for all costs charged.
5. For the purposes of sections 22, 22a , 22b , 22c , 25 and 31 of the regulations, the Swiss insurer is responsible for all costs charged.
6. Reimbursement of health insurance benefits paid by the institution of the place of residence to the persons referred to in point 4 is made in accordance with section 93 of Regulation (EEC) No 574/72.
7. The periods of day-to-day compensation in the insurance of another State to which this Agreement applies shall be taken into account in order to reduce or lift a possible reserve in the insurance of daily allowances in the event of maternity or sickness where the person is insured with a Swiss insurer within three months after the person is released from foreign insurance.
8. Any employee or non-employee who is no longer insured under the Swiss Disability Insurance Act is considered, for the purposes of Title III Chapter 3 of the Regulation, as insured by this insurance for the granting of an ordinary disability pension
(a) for the period of one year from the interruption of work preceded by the disability, if he had to give up his lucrative activity in Switzerland following an accident or illness and if the disability was found in that country; is required to pay life, survivor and disability insurance premiums as if they were domiciled in Switzerland;
(b) for the period in which he or she receives rehabilitation measures from the after-service disability insurance; remains subject to the obligation to contribute to life insurance, survivors and disability;
(c) where items (a) and (b) are not applicable,
(i) if insured under the legislation on life insurance, survivors or disability of another State to which this Agreement applies on the date on which the insured risk is realized within the meaning of Swiss disability insurance legislation; or
(ii) if he or she is entitled to a disability or old-age pension from another State to which this Agreement applies or if he or she receives such a pension; or
(iii) if he is unable to work while he is subject to the legislation of another State to which this Agreement applies and is entitled to the payment of benefits on the part of a health insurance or accident of that State or if he receives such benefit; or
(iv) if he is entitled, for reasons of unemployment, to the payment of benefits from the unemployment insurance of another State to which this Agreement applies or if he receives such benefit; or
(v) if he worked in Switzerland as a border, and during the three years immediately preceding the realization of the risk under Swiss law, he paid contributions under this legislation for at least 12 months.
9. Item 8 (a) is applicable by analogy for the provision of rehabilitation measures for Swiss disability insurance.
(p) Appendix VII is supplemented by the following text:
Exercise of a non-employed activity in Switzerland and an employee activity in any other State to which this Agreement is applicable.
2. 372 R 0574: Council Regulation (EEC) No. 574/72 of 21 March 1972, setting out the terms and conditions for the application of Regulation (EEC) No. 1408/71 concerning the application of social security schemes to employed workers, non-workers and members of their families travelling within the Community.
updated by:
397 R 118: Council Regulation (EC) No 118/97 of 2 December 1996 (OJ L 28 of 30.01.97, p. 1) amending and updating Regulation (EEC) No 1408/71 relating to the application of social security schemes to employed workers, non-earmarked workers and members of their families who travel within the Community, and Regulation (EEC) No. 574/72 fixing Regulation No.
397 R 1290: Council Regulation (EC) No. 1290/97 of 27 June 1997 (OJ L 176 of 4.7.98, p. 1), amending Regulation (EEC) No. 1408/71 relating to the application of social security schemes to employed workers, non-earmarked workers and members of their families travelling within the Community, and Regulation (EEC) No. 574/72 of Regulation (EEC)
398 R 1223: Council Regulation (EC) No 1223/98 of 4 June 1998 (OJ L 168 of 13.6.98 p. 1), amending Regulation (EEC) No 1408/71 relating to the application of social security schemes to employees, non-workers and members of their families who move within the Community, and Regulation (EEC) No. 574/72 of the EEC Regulations
398 R 1606: Council Regulation (EC) No. 1606/98 of 29 June 1998 (OJ L 209 of 25.7.98, p. 1), amending Regulation (EEC) No. 1408/71 relating to the application of social security schemes to employees, non-workers and members of their families who travel within the Community, and Regulation (EEC) No. 574/72 setting out the regulations (EEC)
399 R 307: Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ L 38 of 12.2.99, p. 1), amending Regulation (EEC) No 1408/71 relating to the application of social security schemes to employees, non-workers and members of their families travelling within the Community and Regulation (EEC) No 574/72 setting out the terms and conditions of application)
For the purposes of this Agreement, the Regulation shall be as follows:
(a) Appendix 1 is supplemented by the following text:
Switzerland
1. Bundesamt für Sozialversicherung, Bern - Federal Office for Social Insurance, Bern - Ufficio federale delle assicurazioni sociali, Berna.
2. Bundesamt für Wirtschaft und Arbeit, Bern - Federal Office for Economic Development and Employment, Bern - Ufficio federale dello sviluppo economico e del lavoro, Berna.
(b) Annex 2 is supplemented by the following text:
Switzerland
1. Disease and maternity
Pouricherer - Assureur - Assicuratore under the Federal Health Insurance Act, to which the individual is insured.
2. Invalidity
(a) Disability insurance:
(i) People residing in Switzerland:
IV-Stelle - Office AI - Ufficio AI, of the canton of residence.
(ii) Persons not residing in Switzerland:
IV-Stelle für Versicherte im Ausland, Genf - AI Office for insured persons abroad, Geneva - Ufficio AI per gli assicurati all estero, Ginevra.
(b) Professional insurance:
Pension fund to which the last employer is affiliated.
3. Old and dead
(a) Old-age and survivor insurance:
(i) People residing in Switzerland:
Ausgleichskasse - Compensation Fund - Cassa di compensazione, to which contributions were paid in the last place.
(ii) Persons not residing in Switzerland:
Schweizerische Ausgleichskasse, Genf - Swiss Compensation Fund, Geneva - Cassa svizzera di compensazione, Ginevra.
(b) Professional insurance:
Pension fund to which the last employer is affiliated.
4. Occupational accidents and diseases
(a) Employee workers:
Insurance against accidents with which the employer is insured.
(b) Non-employed workers:
Insurer against accidents with which the individual is voluntarily insured.
5. Unemployment
(a) In case of complete unemployment:
Employment Insurance Fund chosen by the worker.
(b) In case of partial unemployment:
Employment Insurance Fund chosen by the employer.
6. Family benefits:
(a) Federal regime:
(i) Employee workers:
Kantonale Ausgleichskasse - Cantonal Compensation Fund - Cassa cantonale di compensazione, to which the employer is affiliated.
(ii) Non-employed workers:
Kantonale Ausgleichskasse - Cantonal Compensation Fund - Cantonal Cassa di compensazione - of the canton of residence.
(b) Cantonal regimes:
(i) Employee workers:
Familienausgleichskasse - Family Compensation Fund - Cassa di compensazione familial, to which is affiliated the employer,
or the employer.
(ii) Non-employed workers:
The institution designated by the canton.
(c) Annex 3 is supplemented by the following text:
Switzerland
1. Disease and maternity
Gemeinsame Einrichtung KVG, Solothurn - Common institution LaMal, Soleure - Istituzione commune LaMal, Soletta.
2. Invalidity
(a) Disability insurance:
Schweizerische Ausgleichskasse, Genf - Swiss Compensation Fund, Geneva - Cassa svizzera di compensazione, Ginevra.
(b) Professional insurance:
Sicherheitsfonds B Guarantee Fund B Fondo di garanzia LPP.
3. Old and dead
(a) Old-age and survivor insurance:
Schweizerische Ausgleichskasse, Genf - Swiss Compensation Fund, Geneva - Cassa svizzera di compensazione, Ginevra.
(b) Professional insurance:
Sicherheitsfonds B Guarantee Fund B Fondo di garanzia LPP.
4. Occupational accidents and diseases:
Schweizerische Unfallversicherungsanstalt, Luzern - Swiss National Insurance Fund for Accidents, Lucerne - Cassa nazionale svizzera di assicurazione contro gli incidenti, Lucerna.
5. Unemployment:
(a) In case of complete unemployment:
Unemployment fund chosen by the employee.
(b) In case of partial unemployment:
Unemployment fund chosen by the employer.
6. Family benefits
The institution designated by the canton of residence or residence.
(d) Annex 4 is supplemented by the following text:
Switzerland
1. Disease and maternity
Gemeinsame Einrichtung KVG, Solothurn B Institutionna commune LaMal, Soleure B Istituzione commune LaMal, Soletta.
2. Invalidity
(a) Disability insurance:
Schweizerische Ausgleichskasse, Genf - Swiss Compensation Fund, Geneva - Cassa svizzera di compensazione, Ginevra.
(b) Professional insurance:
Sicherheitsfonds B Guarantee Fund B Fondo di garanzia LPP.
3. Old and dead
(a) Old-age and survivor insurance:
Schweizerische Ausgleichskasse, Genf - Swiss Compensation Fund, Geneva - Cassa svizzera di compensazione, Ginevra.
(b) Professional insurance:
Sicherheitsfonds B Guarantee Fund B Fondo di garanzia LPP.
4. Occupational accidents and diseases
Schweizerische Unfallversicherungsanstalt, Luzern - Swiss National Insurance Fund for Accidents, Lucerne - Cassa nazionale svizzera di assicurazione contro gli incidenti, Lucerna.
5. Unemployment
Bundesamt für Wirtschaft und Arbeit, Bern - Federal Office for Economic Development and Employment, Bern - Ufficio federale dello sviluppo economico e del lavoro, Berna.
6. Family benefits
Bundesamt für Sozialversicherung, Bern - Federal Office for Social Insurance, Bern - Ufficio federale delle assicurazioni sociali, Berna.
(e) Annex 5 is supplemented by the following text:
Switzerland
None.
(f) Annex 6 is supplemented by the following text:
Switzerland
Direct payment.
(g) Annex 7 is supplemented by the following text:
Switzerland
Schweizerische Nationalbank, Zürich - Swiss National Bank, Zurich - Banca nazionale svizzera, Zurigo.
(h) Annex 8 is supplemented by the following text:
Switzerland
None.
(i) Annex 9 is supplemented by the following text:
Switzerland
The annual average cost of in-kind benefits is calculated by taking into account the benefits provided by insurers in accordance with the provisions of federal health insurance legislation.
(j) Annex 10 is supplemented by the following text:
Switzerland
1. For the purposes of section 11 paragraph 1 of the Regulation of Application:
(a) in relation to article 14 (1) and article 14ter paragraph 1 of the regulations:
Ausgleichskasse der Alters-, Hinterlassenen- und Invalidenversicherung - Old Age Insurance Compensation Fund, Survivors and Disability - Cassa die compensazione dell'assicurazione vecchiaia, superstiti e invalidità - competent;
(b) in relation to rule 17:
Bundesamt für Sozialversicherung, Bern - Federal Office for Social Insurance, Bern - Ufficio federale delle assicurazioni sociali, Berna.
2. For the purposes of section 11bis paragraph 1 of the Regulation of Application:
(a) in relation to article 14bis paragraph 1 and article 14ter paragraph 2 of the regulations:
Ausgleichskasse der Alters-, Hinterlassenen- und Invalidenversicherung - Old Age Insurance Compensation Fund, Survivors and Disability - Cassa die compensazione dell'assicurazione vecchiaia, superstiti e invalidità - competent;
(b) in relation to rule 17:
Bundesamt für Sozialversicherung, Bern - Federal Office of Social Assu-rances, Bern - Ufficio federale delle assicurazioni sociali, Berna.
3. For the purposes of section 12bis of the Regulation of Application:
Ausgleichskasse der Alters-, Hinterlassenen- und Invalidenversicherung - Old Age Insurance Compensation Fund, Survivors and Disability - Cassa die compensazione dell'assicurazione vecchiaia, superstiti e invalidità - competent.
4. For the purposes of Article 13 paragraphs 2 and 3 and Article 14 paragraphs 1 and 2 of the Regulations:
Eidgenössische Ausgleichskasse, Bern - Federal Compensation Fund, Bern - Cassa federale di compensazione, Berna.
5. For the purposes of section 38 (1), section 70 (1), section 82 (2) and section 86 (2) of the Regulations:
Gemeindeverwaltung - Administration communale - Amministrazione communale, from place of residence.
6. For the purposes of section 80 (2) and section 81 of the Regulations:
Bundesamt für Wirtschaft und Arbeit, Bern - Federal Office for Economic Development and Employment, Bern - Ufficio federale dello sviluppo economico e del lavoro, Berna.
7. For the purposes of section 102(2) of the Regulations:
(a) in relation to Rule 36:
Gemeinsame Einrichtung KVG, Solothurn - Common institution LaMal, Soleure - Istituzione commune LaMal, Soletta.
(b) in relation to Rule 63:
Schweizerische Unfallversicherungsanstalt, Luzern - Swiss National Insurance Fund for Accidents, Lucerne - Cassa nazionale svizzera di assicurazione contro gli incidente, Lucerna;
(c) in relation to Rule 70:
Bundesamt für Wirtschaft und Arbeit, Bern - Federal Office for Economic Development and Employment, Bern - Ufficio federale dello sviluppo economico e del lavoro, Berna.
8. For the purposes of section 113 paragraph 2 of the Regulations:
(a) in relation to section 20 (1) of the Implementing Regulations:
Gemeinsame Einrichtung KVG, Solothurn - Common institution LaMal, Soleure - Istituzione commune LaMal, Soletta.
(b) in relation to section 62 (1) of the Implementing Regulations:
Schweizerische Unfallversicherungsanstalt, Luzern - Swiss National Insurance Fund for Accidents, Lucerne - Cassa nazionale svizzera di assicurazione contro gli incidenti, Lucerna.
(k) Annex 11 is supplemented by the following text:
Switzerland
None.
3. 398 L 49 Council Directive 98/49 EC of 29 June 1998 (OJ L 209 of 25.7.1998 p.46) on the safeguarding of the supplementary pension rights of employed and non-employed workers travelling within the Community.
SECTION B: ACTS QUE LES PARTIES CONTRACTANTS PRENNENT EN CONSIDERATION
4.1 373 D 0919(02): Decision No. 74 of 22 February 1973 concerning the granting of medical care in the event of a temporary stay, pursuant to Article 22 (1) (a) (i) of Regulation (EEC) No. 1408/71 and Article 21 of Regulation (EEC) No. 574/72 (OJ C 75 of 19.9.1973, p. 4).
4.2 373 D 0919(03): Decision No. 75 of 22 February 1973 concerning the instruction of applications for review filed on the basis of Article 94 paragraph 5 of Regulation (EEC) No. 1408/71 by the holders of a disability pension (OJ C 75 of 19.9.1973, p. 5).
4.3 373 D 0919(06): Decision No.78 of 22 February 1973 concerning the interpretation of Article 7 paragraph 1 (a) of Regulation (EEC) No. 574/72 on the terms and conditions for the application of the reduction or suspension clauses (OJC 75 of 19.9.1973, p. 8).
4.4 373 D 0919(07): Decision No. 79, dated 22 February 1973, concerning the interpretation of section 48 (2) of Regulation (EEC) No. 1408/71, relating to the totalization of insurance periods and similar periods in respect of disability and disability insurance (OJC 75 of 19.9.1973, p. 9).
4.5 373 D 0919(09): Decision No. 81, dated 22 February 1973, concerning the totalization of insurance periods in a specified job, pursuant to Article 45(2) of Regulation (EEC) No. 1408/71 (OJ C 75 of 19.9.1973, p. 11).
4.6 373 D 0919(11): Decision No. 83 of 22 February 1973 concerning the interpretation of article 68 paragraph 2 of Regulation (EEC) No. 1408/71 and section 82 of Regulation (EEC) No. 574/72, relating to increases in unemployment benefits for family expenses (OJ C 75 of 19.9.1973, p. 14).
4.7 373 D 0919(13): Decision No. 85, dated 22 February 1973, concerning the interpretation of Article 57 paragraph 1 of Regulation (EEC) No. 1408/71 and Article 67 paragraph 3 of Regulation (EEC) No. 574/72, concerning the determination of applicable legislation and the competent institution for the granting of benefits of occupational diseases (OJC 75 of 19.9.1973, p. 17).
4.8 373 D 1113(02): Decision No. 86 of 24 September 1973 on the modalities and composition of the Commission of Accounts near the Administrative Commission of the European Communities for the Social Security of Migrant Workers (OJC 96 of 13.11.1973, p. 2) as amended by:
395 D 0512: Decision No. 159 of 3 October 1995 (OJ L 294, 8.12.95, p. 38).
4.9 374 D 0720(06): Decision No. 89 of 20 March 1973 concerning the interpretation of Article 16 paragraphs 1 and 2 of Regulation (EEC) No. 1408/71 of the Council relating to members of service staff of diplomatic missions or consular posts (OJ No. C 86 of 20.7.1974, p. 7).
4.10 374 D 0720(07): Decision No. 91, dated 12 July 1973, concerning the interpretation of Article 46 (3) of Regulation (EEC) No. 1408/71 of the Council relating to the liquidation of benefits due under paragraph 1 of that Article (OJC 86 of 20.7.1974, p. 8).
4.11 374 D 0823(04): Decision No. 95, dated 24 January 1974, concerning the interpretation of Article 46(2) of Regulation (EEC) No. 1408/71 concerning the calculation "prorata temporis" of pensions (OJ C 99 of 23.8.1974, p. 5).
4.12 374 D 1017(03): Decision No. 96 of 15 March 1974 concerning the revision of entitlements to benefits pursuant to Rule 49(2) (EEC) No. 1408/71 of the Council (OJC 126 of 17.10.1974, p. 23).
4.13 375 D 0705(02): Decision No. 99 of 13 March 1975, concerning the interpretation of section 107 (1) of Regulation (EEC) No. 574/72 as to the obligation to recalculate the current benefits (OJ C 150 of 5.7.1975, p. 2).
4.14 375 D 0705(03): Decision No. 100, dated 23 January 1975, concerning the reimbursement of cash benefits provided by the institutions of the place of residence or residence on behalf of the competent institution and the terms and conditions for the reimbursement of such benefits (OJ C 150 of 5.7.1975, p. 3).
4.15 376 D 0526(03): Decision No. 105 of 19 December 1975 concerning the application of Article 50 of Regulation (EEC) No. 1408/71 (OJ C 117 of 26.5.1976, p. 3).
4.16 378 D 0530(02): Decision No. 109 of 18 November 1977, amending Decision No. 92 of 22 November 1973 concerning the notion of benefits in kind of health insurance referred to in sections 19 paragraphs 1 and 2, 22, 25 paragraphs 1, 3 and 4, 26, 28 paragraph 1, 28 bis CEE, 29 and 31 of Regulation (EEC) No. 934/08/71 of the Commission and the determination of amounts to be refunded under sections 95.19
4.17 383 D 0115: Decision No. 115, of 15 December 1982, concerning the granting of prostheses, large equipment and other services of great importance that are referred to in Article 24(2) of Council Regulation (EEC) No. 1408/71 (OJC C 193 of 20.7.1983, p. 7).
4.18 383 D 0117: Decision No. 117 of 7 July 1982 on the conditions for the application of Article 50 paragraph 1 (a) of Council Regulation (EEC) No. 574/72 of 21 March 1972 (OJ C 238 of 7.9.1983, p. 3), as amended by:
1 94 N: Act relating to the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and to the adaptations of the treaties on which the European Union is based (OJ C 241 of 29.8.1994, p. 21, as amended by OJ L 1 of 1.1.1995, p.1).
For the purposes of this Agreement, the decision shall be as follows:
In section 2, item 2 is supplemented as follows:
Switzerland
Schweizerische Ausgleichskasse, Genf - Caisse suisse de compenstion, Genève - Cassa svizzera di compensazione, Ginevra.
4.19 383 D 1112(02): Decision No. 118 of 20 April 1983 on the conditions for the application of Article 50 (1) (b) of Council Regulation (EEC) No. 574/72 of 21 March 1972 (OJ C 306 of 12.11.1983, p. 2), as amended by:
1 94 N: Act relating to the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and to the adaptations of the treaties on which the European Union is based (OJ C 241 of 29.8.1994, p. 21, as amended by OJ L 1 of 1.1.1995, p.1).
For the purposes of this Agreement, the decision shall be as follows:
In section 2, item 4 is supplemented as follows:
Switzerland
Schweizerische Ausgleichskasse, Genf - Swiss Compensation Fund, Geneva - Cassa svizzera di compensazione, Ginevra.
4.20 383 D 1102 (03): Decision No. 119, dated 24 February 1983, concerning the interpretation of articles 76 and 79 (3) of Regulation (EEC) No. 1408/71, as well as article 10 paragraph 1 of Regulation (EEC) No. 574/72, relating to cumulative family benefits or allowances (OJC 295 of 2.11. 1983, p. 3).
4.21 383 D 0121: Decision No. 121, dated 21 April 1983, concerning the interpretation of Article 17, paragraph 7 of Regulation (EEC) No. 574/72, relating to the granting of prostheses, large apparatus and other services of great importance in kind (OJ C 193, 20.7.1983, p. 10).
4.22 386 D 0126: Decision No. 126, dated 17 October 1985, concerning the application of articles 14 (1) (a) , 14bis paragraph 1 (a) and 14ter paragraphs 1 and 2 of Regulation (EEC) No. 1408/71 (OJ C 141 of 76.1986, p. 3).
4.23 387 D XXX: Decision No. 132 of 23 April 1987 concerning the interpretation of Article 40, paragraph 3 (a) (ii) of Council Regulation (EEC) No. 1408/71 of 14 June 1971 (OJC 271 of 9.10.1987, p. 3).
4.24 387 D 284: Decision No. 133 of 2 July 1987 concerning the application of Article 17, paragraph 7, and Article 60, paragraph 6, of Regulation (EEC) No. 574/72 (OJ C 284 of 22.10.1987, p. 3, and OJ C 64 of 9.3.1988, p. 13).
4.25 388 D XXX: Decision No. 134 of 1^er July 1987, concerning the interpretation of section 45 (2) of Regulation (EEC) No. 1408/71, relating to the totalization of insurance periods performed in a profession subject to a special regime in one or more Member States (OJ C 64 of 9.3.1988, p. 4).
4.26 388 D XXX: Decision No. 135 of 1^er July 1987, concerning the granting of benefits in kind referred to in sections 17, paragraph 7 and 60, paragraph 6 of Regulation (EEC) No. 574/72 and the concept of emergency within the meaning of Article 20 of Regulation (EEC) No. 1408/71 and of absolute urgency within the meaning of Articles 17, paragraph 7 and 60, paragraph 6 of Regulation (EEC) No. 574/72 (OJ C 281 of 9.3.1988, p. 7), amended by
1 94 N: Act relating to the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and to the adaptations of the treaties on which the European Union is based (OJ C 241 of 29.8.1994, p. 21, as amended by OJ L 1 of 1.1.1995, p.1).
For the purposes of this Agreement, the decision shall be as follows:
In section 2, item 2 is supplemented as follows:
800 Swiss francs for the Swiss residence institution.
4.27 388 D 64: Decision No. 136, of 1^er July 1987, concerning the interpretation of Article 45 paragraphs 1 to 3 of Council Regulation (EEC) No. 1408/71, relating to the consideration of insurance periods under the legislation of other Member States for the acquisition, maintenance or recovery of the right to benefits (OJC 64 of 9.3.1988, p. 7), as amended by:
1 94 N: Act relating to the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and to the adaptations of the treaties on which the European Union is based (OJ C 241 of 29.8.1994, p. 21, as amended by OJ L 1 of 1.1.1995, p.1).
For the purposes of this Agreement, the decision shall be as follows:
The annex is supplemented by the following text:
Switzerland
None.
4.28 389 D 606: Decision No. 137 of 15 December 1988 concerning the application of Article 15 (3) of Regulation (EEC) No. 574/72 (OJ C 140 of 6.6.1989, p. 3).
4.29 389 D XXX: Decision No. 138, of 17 February 1989, concerning the interpretation of Article 22 paragraph 1 (c) (i) of Council Regulation (EEC) No. 1408/71 in the case of organ transplantation or other surgical procedure that requires analysis of biological samples, the interested party not in the Member State where the analyses are carried out (OJ C 287, p. 3
4.30 390 D XXXX: Decision No. 139 of 30 June 1989 concerning the date to be taken into account in determining the conversion rates referred to in Article 107 of Regulation (EEC) No. 574/72, to be applied in calculating certain benefits and contributions (OJC 94 of 12.4.1990, p. 3).
4.31 390 D XXX: Decision No. 140, dated 17 October 1989, concerning the conversion rate to be applied by the institution of the place of residence of a border worker in full unemployment to the last salary received by that worker in the competent State (OJC 94 of 12.4.1990, p. 4).
4.32 390 D XXX: Decision No. 141 of 17 October 1989, amending Decision No. 127 of 17 October 1985 on the establishment of inventories under Article 94, paragraph 4 and 95, paragraph 4 of Regulation (EEC) No. 574/72 (OJC 94 of 12.4. 1990, p. 5).
4.33 390 D XXX: Decision No. 142 of 13 February 1990, concerning the application of Articles 73, 74 and 75 of Regulation (EEC) No. 1408/71 (OJC 80 of 30.3.1990, p. 7).
For the purposes of this Agreement, the decision shall be as follows:
(a) Item 1 is not applicable;
(b) Item 3 is not applicable.
4.34 391 D 140: Decision No. 144 of 9 April 1990, concerning the models of forms necessary for the application of the regulations (EEC) No. 1408/ 71 and (EEC) No. 574/72 of the Council (E 401-E 410 F) (OJ L 71 of 18.3.1991, p. 1).
4.35 391 D 425: Decision No. 147 of 11 October 1990, concerning the application of Article 76 of Regulation (EEC) No. 1408/71 (OJ L 235 of 23.8.1991, p. 21) as amended by:
395 D 2353: Decision No. 155 of 6 July 1994 (E 401-411) (OJ L 209, 5.9.1995, p. 1).
4.36 393 D 22: Decision No. 148 of 25 June 1992 concerning the use of the certificate of approval for applicable legislation (E 101) in the case of detachments not exceeding three months (OJ L 22 of 30.1.1993, p. 124).
4.37 393 D 825: Decision No. 150 of 26 June 1992 concerning the application of Articles 77, 78 and 79 (3) of Regulation (EEC) No. 1408/71 and Article 10 (1) (b) (ii) of Regulation (EEC) No. 574/72 (OJ C 229 of 25.8.1993, p. 5) as amended by:
1 94 N: Act relating to the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and to the adaptations of the treaties on which the European Union is based (OJ C 241 of 29.8.1994, p. 21, as amended by OJ L 1 of 1.1.1995, p.1).
For the purposes of this Agreement, the decision shall be as follows:
Switzerland
Schweizerische Ausgleichskasse, Genf - Swiss Compensation Fund, Geneva - Cassa svizzera di compensazione, Ginevra.
4.38 394 D 602 Decision No. 151 of 22 April 1993 concerning the application of Article 10bis of Regulation (EEC) No. 1408/71 and Article 2 of Regulation (EEC) No. 1247/92 (OJ L 244 of 19.9.1994, p. 1).
For the purposes of this Agreement, the decision shall be as follows:
The annex is supplemented by the following text:
Switzerland
1. Invalidity, old age and death
(a) Disability insurance
Schweizerische Ausgleichskasse, Genf - Swiss Compensation Fund, Geneva - Cassa svizzera di compensazione, Ginevra.
(b) Professional allowance
Sicherheitsfonds - Guarantee Fund - Fondo di garanzia LPP.
2. Unemployment
Bundesamt für Wirtschaft und Arbeit, Bern - Federal Office for Economic Development and Employment, Bern - Ufficio federale dello sviluppo economico e del lavoro, Berna.
3. Family benefits
Bundesamt für Sozialversicherung, Bern - Federal Office for Social Insurance, Bern - Ufficio federale delle assicurazioni sociali, Berna.
4.39 394 D 604: Decision No. 153 of 7 October 1993 concerning the forms required for the application of the regulations (EEC) No. 1408/71and (EEC) No. 574/72 (E 001, E 103 - E 127) (OJ L 244 of 19.9.1994, p. 22).
4.40 394 D 605: Decision No. 154 of 8 February 1994 concerning the models of forms necessary for the application of the regulations (EEC) No. 1408/71and (EEC) No. 574/72 of the Council (E 301, E 302, E 303) (OJ L 244 of 19.9.1994, p. 123).
4.41 395 D 353: Decision No. 155 of 6 July 1994 concerning the forms necessary for the application of the regulations (EEC) No. 1408/71 and (EEC) No. 574/72 of the Council (E 401 - E 411) (OJ No. L 244 of 5.9.1995, p. 1).
4.42 395 D 0419: Decision No. 156 of 7 April 1995 concerning the rules of priority in respect of health insurance and maternity rights (OJ L 249 of 17.10.1995, p. 41).
4.43 396 D 732: Decision No. 158 of 27 November 1995 concerning the models of forms necessary for the application of the regulations (EEC) No. 1408/71 and (EEC) No. 574/72 of the Council (E 201-E215) (OJ No. L 336 of 27.12.1996, p. 1)
4.44 395 D 512: Decision No. 159 of 3 October 1995, amending Decision No. 8/6 of 24 Sept. 1973 on the modalities of operation and composition of the Commission of Accounts near the Administrative Commission of the European Communities for the Social Security of Migrant Workers (OJ No. L 294 of 8.12.1995, p.38).
4.45 396 D 172: Decision No.160 of 28 November 1995 concerning the scope of Article 71 paragraph 1 (b) (ii) of Council Regulation (EEC) No. 1408/71 on the right to unemployment benefits of workers other than border workers who, during their last employment, resided in the territory of a Member State other than the competent State (OJC 49 of 28.2.1996, p. 31).
4.46 396 D 249: Decision No. 161 of 15 February 1996 concerning the reimbursement by the competent institution of a Member State of the expenses incurred during a stay in another Member State according to the procedure referred to in Article 34(4) of Regulation (EEC) No. 574/72 (OJ L 83 of 2.4.1996, p. 19).
4.47 396 D 554: Decision No. 162 of 31 May 1996, concerning the interpretation of Article 14 (1) and Article 14ter paragraph 1 of Regulation (EEC) No. 1408/71 relating to the legislation applicable to seconded workers (OJ L 241, 21.9.1996, p. 28).
4.48 396 D 555: Decision No. 163 of 31 May 1996 concerning the interpretation of Article 22 paragraph 1 (a) of Regulation (EEC) No. 1408/71 for persons under dialysis and persons under oxygeneraphia (OJ L 241, 21.9.1996, p. 31).
4.49 397 D 533: Decision No. 164 of 27 November 1996 concerning the models of forms necessary for the application of the regulations (EEC) No. 1408/ 71 and (EEC) No. 574/72 (E 101 and E 102) (OJ L 216 of 8.8.1997, p. 85).
4.50 397 D 0823: Decision No. 165 of 30 June 1997 on the models of forms required for the application of the regulations (EEC) No. 1408/71 and (EEC) No. 574/72 (E 128 and E 128B) (OJ L 341 of 12.12.1997, p. 61).
4.51 398 D 0441: Decision No. 166 of 2 October 1997 concerning the amendment to forms E 106 and E 109 (OJ L 195 of 11.07.1998 p. 25).
4.52 398 D 0442: Decision No. 167 of 2 December 1997 amending Decision No. 146 of 10 October 1990 concerning the interpretation of Article 94, paragraph 9 of Regulation (EEC) No. 1408/71 (OJ No. L 195 of 11/07/1998 p.35).
4.53 398 D 0443: Decision No. 168 of 11 June 1998 concerning the amendment to forms E 121 and E 127 and the deletion of Form E 122 (OJ No. L 195 of 11.07.1998 p. 37).
4.54 398 D 0444: Decision No. 169 of 11 June 1998 concerning the working methods and composition of the technical commission for the processing of information near the administrative commission for the social security of migrant workers (OJ No. L 195 of 11.07.1998 p. 46).
4.55 398 D 0565: Decision No. 170 of 11 June 1998 revising Decision No. 141 of 17 October 1989 concerning the establishment of inventories under Article 94, paragraph 4, and Article 95, paragraph 4, of Council Regulation (EEC) No. 574/72 of 21 March 1972 (OJ No. L 275 of 10.10.1998 p. 40).
SECTION C: ACTS ON THE CONTRACTING PARTIES
The Contracting Parties shall take note of the content of the following acts:
5.1. Recommendation No. 14, of 23 January 1975, concerning the issuance of Form E 111 to seconded workers (adopted by the Administrative Commission during its 139^e session of 23 January 1975).
5.2. Recommendation No. 15, of 19 December 1980, concerning the determination of the language of issuance of the forms necessary for the application of the Commission's regulations (EEC) No. 1408/71 and 574/72 (adopted by the Administrative Commission during its 176^e session of 19 December 1980).
5.3. 385 Y 0016: Recommendation No. 16 of 12 December 1984 concerning the conclusion of agreements under Article 17 of Council Regulation (EEC) No. 1408/71 (OJ No. C 273 of 24.10.1985, p. 3).
5.4. 385 Y 0017: Recommendation No. 17 of 12 December 1984 concerning statistical information to be provided annually for the preparation of reports of the Administrative Commission (OJ No. C 273 of 24.10.1985, p. 3).
5.5. 386 Y 0028: Recommendation No. 18, of 28 February 1986, on the legislation applicable to unemployed persons occupied in reduced time in a Member State other than the State of residence (OJ No. C 284 of 11.11.1986, p. 4).
5.6. 392 Y 19: Recommendation No. 19 of 24 November 1992 on improving cooperation between Member States in the application of Community Regulation (OJ No. 199 of 23.7.1993, p. 11).
5.7. 396 Y 592: Recommendation No. 20 of 31 May 1996 on improving the management and settlement of mutual claims (OJ No. L 259 of 12.10.1996, p. 19)
5.8. 397 Y 0304(01): Recommendation No. 21, of 28 November 1996, concerning the application of Article 69, paragraph 1 (a) of Regulation (EEC) No. 1408/71 to unemployed persons accompanying their spouse employed in a Member State other than the competent State (OJ No. C 67 of 4.3.1997, p. 3).
5.9. 380 Y 0609(03) : Update of the declarations of the Member States provided for in Article 5 of Council Regulation (EEC) No. 1408/71 of 14 June 1971, rela-tif to the application of social security schemes to wage workers and their families travelling within the Community (OJ No. C 139 of 9.6.1980, p. 1).
6.0. 381 Y 0613(01): Declarations of Greece provided for in Article 5 of Council Regulation (EEC) No. 1408/71 of 14 June 1971 concerning the application of social security schemes to wage workers and their families moving within the Community (OJ No. C 143 of 13.6.1981, p. 1).
6.1. 386 Y 0338(01) : Update of the declarations of the Member States provided for in Article 5 of Council Regulation (EEC) No. 1408/71 of 14 June 1971 on the application of social security schemes to wage workers and their families travelling within the Community (OJ No. C 338 of 31.12.1986, p. 1).
6.2. C/107/87/p.1: Statements by Member States provided for in Article 5 of Council Regulation (EEC) No. 1408/71 of 14 June 1971 concerning the application of social security schemes to wage workers, non-workers and members of their families travelling within the Community (OJ No. C 107 of 22.4.1987, p. 1).
6.3. C/323/80/p. 1: Notifications to the Council by the governments of the Federal Republic of Germany and the Grand Duchy of Luxembourg regarding the conclusion of an agreement between these two governments on various social security issues, pursuant to Articles 8(2) and 96 of the Council Regulation (EEC) No. 1408/71 of 14 June 1971, concerning the application of social security schemes to employees and their families who move
6.4. L/90/87/p. 39: Statement by the French Republic under Article 1^er point (j) of Council Regulation (EEC) No. 1408/71 on the application of social security schemes to employees, non-workers and members of their families travelling within the Community (OJ No. L 90 of 2.4.1987, p. 39).
Protocol to Annex II of the Agreement on the Free Movement of Persons
unemployment insurance
1. With respect to the unemployment insurance of employed workers for a stay of less than one year, the following plan is applicable:
1.1 Only workers who contributed to Switzerland during the minimum period required by the Federal Compulsory Employment Insurance Act and Insolvency Compensation (LACI) 2. and who also meet the other conditions of the right to unemployment benefit are entitled to unemployment insurance benefits under the conditions provided by law.
1.2 A portion of the proceeds of contributions received for workers who have contributed over a short period of time to have the right to unemployment benefit in Switzerland in accordance with item 1.1 are returned to their States of origin under the terms set out in item 1.3, as a contribution to the costs of benefits paid to these workers in the event of complete unemployment; These workers are therefore not entitled to unemployment insurance benefits in the event of complete unemployment in Switzerland. However, they are entitled to compensation in the event of an employer's insolvency and insolvency. The benefits in the event of complete unemployment are assumed by the State of origin provided that the workers make it available to the employment services. The insurance periods in Switzerland are taken into account as if they were completed in the State of origin.
1.3 The portion of the contributions collected for workers under item 1.2 shall be reimbursed annually in accordance with the following legal provisions.
(a) The proceeds of the contributions of these workers are calculated, by country, on the basis of the annual number of employed workers and the average annual contributions paid for each worker (employee's and worker's benefits).
(b) From the amount thus calculated, a portion corresponding to the percentage of unemployment benefits in respect of all other types of compensation referred to in item 1.2 will be refunded to the States of origin of the workers and a reserve for subsequent benefits retained by Switzerland 3..
(c) Every year, Switzerland transmits the count of the retrocede contributions. It will indicate to the States of origin, if requested, the basis of calculation and the amount of the surrenders. The countries of origin communicate annually to Switzerland the number of beneficiaries of unemployment benefits according to item 1.2.
2. Receipt of border payments to Swiss unemployment insurance as set out in respective bilateral agreements continues to be applied.
3. The plan according to numbers 1 and 2 is applicable for a period of 7 years from the entry into force of the agreement. In the event of difficulties for a member State at the end of the 7-year period with the end of the retrocession system or for Switzerland with the system of totalization, the Joint Committee may be seized by one of the contracting parties.
Allowances for impotents
The allowances for impotent benefits of the Federal Old and Survival Insurance Act and the Federal Disability Insurance Act will be included in the text of Schedule II to the Agreement on the Free Movement of Persons, in Schedule IIbis of Regulation No. 1408/71, by a decision of the Board, as soon as the revision of these Acts comes into force that these benefits are exclusively financed by public authorities.
Old-age professional allowance, survivors and disability
Notwithstanding section 10 (2) of Regulation No. 1408/71, the exit benefit provided for in the Swiss Federal Act on the free passage in the professional old age, survivors and disability of 17 December 1993 shall be paid upon request to an employee or non-employed worker who intends to leave Switzerland permanently and who will no longer be subject to Swiss legislation in accordance with the provisions of Swiss title II of the Regulation, provided that the person leaves Switzerland
____
Notes
1. N.B. The acquis as applied by the Member States of the European Community within the European Community at the time of the signing of this agreement:
The principles of the totalisation of the rights to unemployment benefits and their realization in the state of last employment are applicable regardless of the duration of employment.
Persons who have been employed for a period of less than one year in the territory of a Member State may stay there after the termination of their employment for a reasonable period of time, which may be six months, and which allows them to take note of the offers corresponding to their professional qualifications and to take the necessary measures, if any, for the purpose of being engaged. They can also stay there after the end of their employment, if they have sufficient financial means for themselves and their families to do not have to use social assistance during their stay and health insurance covering all risks. Unemployment benefits to which they are entitled in accordance with the provisions of national legislation, if any supplemented by the rules of totalization, are to be considered as financial means in this regard. The necessary financial means that exceed the amount below which nationals, account for their personal situation, and, where appropriate, that of family members, may claim assistance benefits. Where this condition cannot apply, the applicant's financial means are considered sufficient when they are higher than the minimum social security pension paid by the host State.
The seasonal worker can assert his rights to unemployment benefits in the state of his last job regardless of the due date of the season. He may stay there after the termination of his employment, provided he meets the conditions described in the preceding paragraph. If he is available in the State of his residence, he is entitled to unemployment benefits in that country according to the provisions of Article 71 of Regulation 1408/71.
The border worker may be at the disposal of the labour market in the state of his residence or, if there are any personal and professional ties as there is the best chance of professional reintegration in the state of his last work. He realizes his rights to unemployment benefits in the state where he makes himself available to the labour market.
2. Currently six months, twelve months in case of repeated unemployment.
3. Retrocised contributions for workers who will exercise their right to unemployment insurance in Switzerland after paying for at least six months - in several stays - within two years.

ANNEX III
RECONNAISSANCE MUTUELLE DES QUALIFICATIONS PROFESSIONNELLES (DIPLOMES, CERTIFICATS AND OTHER TITRES)
1. The contracting parties agree to apply, among themselves, in the area of mutual recognition of professional qualifications, the community acts to which it is referred, as in force on the date of signature of the agreement and as amended by section A of this annex or the rules equivalent to them.
2. For the purposes of this annex, Contracting Parties shall take note of the community actions referred to in section B of this annex.
3. The term "Member State(s)" in the acts referred to in section A of this annex is considered to apply, in addition to the States covered by the Community acts in question, to Switzerland.
SECTION A - ACTS IS REFERENCE
A. GENERAL SYSTEM
1. 389 L 0048: Council Directive 89/48/EEC of 21 December 1988 on a general system of recognition of higher education diplomas which sanction vocational training for a minimum of three years (OJ No. L 19 of 24.1.1989, p. 16).
2. 392 L 0051: Council Directive 92/51/EEC of 18 June 1992 on a second general system of recognition of vocational training, which supplements Directive 89/48/EEC (OJ No. L 209 of 24.7.1992, p. 25), as amended by:
- 394 L 0038 Commission Directive 94/38/EC of 26 July 1994, amending annexes C and D of Council Directive 92/51/EEC on a second general system of recognition of vocational training, which supplements Directive 89/48/EEC (OJ No. L 217 of 23.8.1994, p. 8).
- 395 L 0043 Commission Directive 95/43/EC of 20 July 1995, amending annexes C and D of Council Directive 92/51/EEC on a second general system of recognition of vocational training, which supplements Directive 89/48/EEC (OJ No. L 184 of 3.8.1995, p. 21).
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new member states to the European Union.
- 397 L 0038 Commission Directive 97/38/EEC of 20 June 1997, amending Annex C to Council Directive 92/51/EEC on a second general system of recognition of vocational training, which supplements Directive 89/48/EEC (OJ No. L 184 of 3.8.1997, p. 31).
The establishment of the Swiss lists relating to Annexes C and D of Directive 92/51/EEC shall be carried out as part of the implementation of this Agreement.
B. LEGAL PROFESSIONS
3. 377 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise of the free provision of services by lawyers (OJ No. L 78 of 26.3.1977, p. 17), as amended by:
- 1 79 H: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Hellenic Republic (OJ No. L 291 of 19.11.1979, p. 91),
- 1 85 I: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No. L 302 of 15.11.1985, p. 160),
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new Member States to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
to Article 1^erParagraph 2 is supplemented by the following text:
“Switzerland: Lawyer/Advokat,
Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech
Avvocato. »
4. 398 L 0005: Directive 98/5/EC of the European Parliament and the Council of 16 February 1998 to facilitate the permanent exercise of the legal profession in a Member State other than that where the qualification was acquired (OJ L 77 of 14.3.1998, p. 36).
For the purposes of this Agreement, the directive is adapted as follows:
to Article 1^erParagraph 2 (a) is supplemented by the following text:
« Switzerland: Lawyer
Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech
Avvocato. »
C. MEDICAL AND PARAMEDICAL ACTIVITIES
5. 381 L 1057: Council Directive 81/1057/EEC of 14 December 1981, supplementing Council Directives 75/362/EEC, 77/452/EEC, 78/686/EEC and 78/1026/EEC on the mutual recognition of diplomas, certificates and other titles respectively as a doctor, nurse in charge of general care, practitioner of dentistry and veterinarian, with respect to acquired rights (OJ No.
Doctors
6. 393 L 0016: Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other titles (OJ No. L 165 of 7.7.1993, p. 1), as amended by:
- 95/1/EC, Euratom, ECSC: Adaptation of instruments related to the accession of new Member States to the European Union
- 398 L 0021: Commission Directive of 8 April 1998 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other titles (OJ No. L 119 of 22.4.1998, p. 15).
- 398 L 0063: Commission Directive of 3 September 1998 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other titles (OJ No. L 253 of 15.9.1998, p. 24).
(a) Article 3 is supplemented by the following text:
“in Switzerland:
Federal Physician Diploma
Eidgenössisch diplomierter Arzt
titolare di diploma federale di medico
issued by the Federal Department of Interior »
(b) Section 5, paragraph 2, is supplemented by the following text:
“in Switzerland:
specialist
Facharzt
specialista
issued by the Federal Department of Interior »
(c) Section 5, paragraph 3, shall be supplemented by the following notes to the drawings indicated below:
anesthesia-reanimation :
« Switzerland: anesthesiology
Anästhesiology
anestesiologia »
General surgery:
“Switzerland: Surgery
Surgery
surgical »
neurosurgery:
« Switzerland: neurosurgery
Neurosurgery
neurosurgery »
gynaecology-obstetric:
« Switzerland: gynaecology and obstetrics
Gynäkologie und Geburtshilfe
ginecologia e ostetricia »
Internal medicine:
« Switzerland: internal medicine
Innere Medizin
medicina interna »
ophthalmology:
« Switzerland: ophthalmology
Ophthalmology
oftalmologia »
oto-rhino-laryngology:
« Switzerland: oto-rhino-laryngologie
Oto-Rhino-Laryngologie
otorinolaringoiatria »
pediatrics:
« Switzerland: pediatrics
Kinder- und Jugendmedizin
pediatria »
Respiratory Medicine:
« Switzerland: pneumology
Pneumology
pneumologia »
urology:
« Switzerland: urology
Urology
urologia »
orthopaedics:
« Switzerland: orthopaedic surgery
Orthopädische Surgery
surgical ortopedica »
pathological anatomy:
« Switzerland: pathology
Pathology
patologia »
neurology:
« Switzerland: neurology
Neurology
neurologia »
Psychiatry:
« Switzerland: psychiatry and psychotherapy
Psychiatry und Psychotherapie
psichiatria e psicoterapia »
(d) In section 7, paragraph 2 is supplemented by the following references to the following dashes:
plastic surgery:
« Switzerland: plastic and reconstructive surgery
Plastische und Wiederherstellungschirurgie
surgical plastica e ricostruttiva »
Thoracic surgery:
« Switzerland: heart surgery and chest vascular surgery
Herz- und thorakale Gefässchirurgie
surgery del cuore e dei vasi toracici »
Paediatric surgery:
« Switzerland: pediatric surgery
Kindergy
surgical pediatrica »
cardiology:
« Switzerland: cardiology
Kardiologie
cardiologia »
gastroenterology:
« Switzerland: gastroenterology
Gastroenterology
gastroenterologia »
rheumatology:
« Switzerland: rheumatology
Rheumatology
reumatologia »
general hematology:
« Switzerland: hematology
Hämatologie
ematologia »
endocrinology:
« Switzerland: endocrinology-diabetology
Endokrinologie-Diabetologie
endocrinologia-diabetologia »
physiotherapy:
« Switzerland: physical medicine and rehabilitation
Physikalische Medizin und Rehabilitation
medicina fisica e riabilitazione »
dermato-venéréologie :
« Switzerland: dermatology and venereology
Dermatology und Venerology
dermatologia e venereologia »
Radio diagnosis:
« Switzerland: medical radiology/radio-diagnostic
Medizinische Radiology/Radiodiagnostik
radiologia medica/radiodiagnostica »
radiotherapy:
« Switzerland: medical radiology/radio-oncology
Medizinische Radiology/Radio-Onkologie
radiologia medica/radio-oncologia »
Tropical medicine:
« Switzerland: tropical medicine
Tropenmedizin
medicina tropical »
Child psychiatry:
"Switzerland: psychiatry and psychotherapy of children and adolescents
Kinder und Jugendpsychiatrie und -psychotherapie
psichiatria e psicoterapia infantile e dell'adolescenza »
kidney diseases:
« Switzerland: nephrology
Nephrology
nefralogia »
"community medicine" (public health):
“Switzerland: prevention and public health
Prävention und Gesundheitswesen
prevenzione e salute pubblica »
Occupational medicine:
“Switzerland: Occupational Medicine
Arbeitsmedizin
medicina del lavoro »
allergology:
« Switzerland: allergology and clinical immunology
Allergology und klinische Immunologie
allergologia e immunologia clinica »
Nuclear medicine:
« Switzerland: medical radiology/nuclear medicine
Medizinische Radiology/Nuklearmedizin
radiologia medica/medicina nucleare »
dental, oral and maxillo-facial surgery (basic medical and dental art practitioner training):
« Switzerland: maxillo-facial surgery
Kiefer- und Gesichtschirurgi
mascello-faccial surgery »
6bis 96/C/216/03: List of names of diplomas, certificates and other training titles and professional titles of general practitioner published in accordance with section 41 of Directive 93/16/EEC (OJ No. C 216, 25.7.1996)
Nurses
7. 377 L 0452: Council Directive 77/452/EEC of 27 June 1977, aiming at the mutual recognition of diplomas, certificates and other titles of nurse responsible for general care, including measures to facilitate the effective exercise of the right to establishment and free service (OJ No. L 176 of 15.7.1977, p. 1), as amended by:
- 1 79 H: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Hellenic Republic (OJ No. L 291 of 19.11.1979, p. 91),
- 1 85 I: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No. L 302 of 15.11.1985, p. 160),
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ No. L 341 of 23.11.1989, p. 19.)
- 389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ No. L 341 of 23.11.1989, p. 30.)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ No. L 353 of 17.12.1990, p. 73.)
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new member states to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
(a) Article 1^erParagraph 2 is supplemented by the following text:
“in Switzerland:
nurse, nurse
Krankenschwester, Krankenpfleger
infermiera, infermiere
(b) Article 3 is supplemented by the following text:
“p) in Switzerland:
nurse graduated in general care, nurse graduated in general carediplomierte Krankenschwester in allgemeiner Krankenpflege, diplomierter Krankenpfleger in allgemeiner Krankenpflege infermiera diplomata in cure generali", infermiere diplomato in cure generali issued by the Conference of Cantonal Directors of Health Affairs »
8. 377 L 0453: Council Directive 77/453/EEC of 27 June 1977 to coordinate the legislative, regulatory and administrative provisions concerning the activities of the nurse in charge of General Care (OJ No. L 176 of 15.7.1977, p. 8), as amended by:
- 389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ No. L 341 of 23.11.1989, p. 30).
Dental art practitioners
9. 378 L 0686: Council Directive 78/686/EEC of 25 July 1978 on the mutual recognition of the diplomas, certificates and other titles of the dental practitioner and on measures to facilitate the effective exercise of the right to establishment and free service (OJ No. L 233 of 24.8.1978, p. 1), as amended by:
- 1 79 H: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Hellenic Republic (OJ No. L 291 of 19.11.1979, p. 91),
- 1 85 I: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No. L 302 of 15.11.1985, p. 160),
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ No. L 341 of 23.11.1989, p. 19.)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ No. L 353 of 17.12.1990, p. 73.)
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new Member States to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
(a) Article 1^er is completed by the following text:
“in Switzerland:
dentist
Zahnarzt
medico-dentista »;
(b) Article 3 is supplemented by the following text:
“p) in Switzerland:
holder of the federal diploma of doctor-dentist eidgenössisch diplomierter Zahnarzt titolare di diploma federale di medico-dentista", issued by the Federal Department of the Interior »;
(c) in item 5 point 1 the following dash is added:
1. Orthodontics
“in Switzerland:
Federal orthodontist diploma / Diplom als Kieferorthopäde / diploma di ortodontista issued by the Federal Department of the Interior »;
10. 378 L 0687: Council Directive 78/687/EEC of 25 July 1978 on the coordination of legislative, regulatory and administrative provisions concerning the activities of the dental practitioner (OJ No. L 233 of 24.8.1978, p. 10), as amended by:
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new Member States to the European Union.
Veterinary
11. 378 L 1026: Council Directive 78/1026/EEC of 18 December 1978 on the mutual recognition of diplomas, certificates and other veterinary titles and on measures to facilitate the effective exercise of the right to establishment and free service (OJ No. L 362 of 23.12.1978, p. 1), as amended by:
- 1 79 H: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Hellenic Republic (OJ No. L 291 of 19.11.1979, p. 92),
- 1 85 I: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No. L 302 of 15.11.1985, p. 160),
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ No. L 341 of 23.11.1989, p. 19.)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ No. L 353 of 17.12.1990, p. 73.)
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new Member States to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
(a) Article 3 is supplemented by the following text:
“p) in Switzerland:
holder of the federal veterinary degree
eidgenössisch diplomierter Tierarzt
titolare di diploma federale di veterinario issued by the Federal Department of the Interior »;
12. 378 L 1027: Council Directive 78/1027/EEC of 18 December 1978 on the coordination of legislative, regulatory and administrative provisions concerning the activities of the veterinarian (OJ No. L 362 of 23.12.1978, p. 7), as amended by:
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ No. L 341 of 23.11.1989, p. 19.)
Gender
13. 380 L 0154: Council Directive 80/154/EEC of 21 January 1980, aimed at mutual recognition of diplomas, certificates and other titles of midwife and comprising measures to facilitate the effective exercise of the right to establishment and free service (OJ No. L 33 of 11.2.1980, p. 1), as amended by:
- 380 L 1273: Council Directive 80/1273/EEC of 22 December 1980 (OJ No. L 375 of 31.12.1980, p. 74),
- 1 85 I: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No. L 302 of 15.11.1985, p. 161),
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ No. L 341 of 23.11.1989, p. 19.)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ No. L 353 of 17.12.1990, p. 73.)
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new Member States to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
(a) Article 1^er is completed by the following text:
“in Switzerland:
Midwife
Hebamme
Lift »;
(b) Article 3 is supplemented by the following text:
“p) in Switzerland:
midwife graduated / diplomerte Hebamme / levatrice diplomata, diplomas issued by the Conference of Cantonal Directors of Health Affairs »
14. 380 L 0155: Council Directive 80/155/EEC of 21 January 1980 on the coordination of legislative, regulatory and administrative provisions concerning access to the activities of the midwife (OJ No. L 33 of 11.2.1980, p. 8), as amended by:
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ No. L 341 of 23.11.1989, p. 19.)
Pharmacy
15. 385 L 0432: Council Directive 85/432/EEC of 16 September 1985 on the coordination of legislative, regulatory and administrative provisions concerning certain activities in the field of pharmacy (OJ No. L 253 of 24.9.1985, p. 34).
16. 385 L 0433: Council Directive 85/433/EEC of 16 September 1985 on the mutual recognition of diplomas, certificates and other pharmacy titles, including measures to facilitate the effective exercise of the right of establishment for certain activities in the field of pharmacy (OJ No. L 253 of 24.9.1985, p. 37), as amended by:
- 385 L 0584: Council Directive 85/584/EEC of 20 December 1985 (OJ No. L 372 of 31.12.1985, p. 42),
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ No. L 353 of 17.12.1990, p. 73.)
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new Member States to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
(a) Article 4 is supplemented by the following text:
“p) in Switzerland:
holder of the federal pharmacist diploma / eidgenössisch diplomierter Apotheker / titolare di diploma federale di farmacista, issued by the Federal Department of the Interior".
D. ARCHITECTURE
17. 385 L 0384: Council Directive 85/384/EEC of 10 June 1985 on mutual recognition of diplomas, certificates and other titles in the field of architecture and on measures to facilitate the effective exercise of the right to establishment and free service (OJ No. L 223 of 21.8.1985, p. 15), as amended by:
- 385 L 0614: Council Directive 85/614/EEC of 20 December 1985 (OJ No. L 376 of 31.12.1985, p. 1),
- 386 L 0017: Council Directive 86/17/EEC of 27 January 1986 (OJ No. L 27 of 1.2.1986, p. 71),
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ No. L 353 of 17.12.1990, p. 73.)
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new Member States to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
(a) Article 11 is supplemented by the following text:
“in Switzerland:
- diplomas issued by federal polytechnic schools / Eidgenössische Technische Hochschulen / Politecnici Federali : arch.dipl.EPF / diploma.Arch.ETH / arch.dipl.PF,
- diplomas issued by the School of Architecture of the University of Geneva: architect EAUG,
- certificates from the Swiss Registers Foundation for Engineers, Architects and Technicians / Stiftung der Schweizerischen Register der Ingenieure, der Architekten und der Techniker / Fondazione dei Registri svizzeri degli ingegneri, degli architetti e dei tecnici (REG) : architect REG A / Architek
(b) Article 15 is not applicable.
18. 98/C/217: Diplomas, certificates and other titles in the field of architecture, which are subject to mutual recognition between Member States (news of communication 96/C 205 of 16 July 1996) (OJ No. C 217 of 11.7.1998).
E. TRADE AND INTERMEDIARY
Wholesale trade
19. 364 L 0222: Council Directive 64/222/EEC of 25 February 1964 on the modalities of transitional measures in the field of wholesale trade activities and intermediary activities of trade, industry and crafts (OJ No. 56 of 4.4.1964, p. 857/64).
20. 364 L 0223: Council Directive 64/223/EEC of 25 February 1964 on the realization of freedom of establishment and the free provision of services for wholesale trade activities (OJ No. 56 of 4.4.1964, p. 863/64).
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 84).
Intermediaries of trade, industry and crafts
21. 364 L 0224: Council Directive 64/224/EEC of 25 February 1964 on the realization of freedom of establishment and the free provision of services for intermediaries of trade, industry and crafts (OJ No. 56 of 4.4.1964, p. 869/64), as amended by:
- 172 B: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 85),
- 1 79 H: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Hellenic Republic (OJ No. L 291 of 19.11.1979, p. 89),
- 1 85 I: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No. L 302 of 15.11.1985, p. 155),
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new Member States to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
(a) Article 3 is supplemented by the following text:
For non-workers For employees
“In Switzerland as Trade Representative
Agent Handelsreisender
Agente Rappresentante »
Non-employed in retail trade
22. 368 L 0363: Council Directive 68/363/EEC of 15 October 1968 on the realization of the freedom of establishment and the free provision of services for non-employed activities related to retail trade (formerly group 612 ISIC) (OJ No. L 260 of 22.10.1968, p. 1), as amended by:
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 86),
23. 368 L 0364: Council Directive 68/364/EEC of 15 October 1968 on the modalities of transitional measures in the field of non-employed activities related to retail trade (formerly group 612 ISIC) (OJ No. L 260 of 22.10.1968, p. 6),
Non-employed in wholesale coal trade and intermediaries in coal trade
24. 370 L 0522: Council Directive 70/522/EEC of 30 November 1970 on the realization of the freedom of establishment and the free provision of services for non-earmarked activities related to the wholesale trade of coal and the activities of intermediaries in the field of coal (formerly group 6112 ISIC) (OJ No. L 267 of 10.12.1970, p. 14), as amended by:
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 86),
25. 370 L 0523: Council Directive 70/523/EEC of 30 November 1970 on the modalities of transitional measures in the field of non-earmarked activities related to wholesale coal trade and intermediary activities in the field of coal (formerly group 6112 ISIC) (OJ No. L 267 of 10.12.1970, p. 18).
Trade and distribution of toxic products
26. 374 L 0556: Council Directive 74/556/EEC of 4 June 1974 on the modalities of transitional measures in the area of activities related to the trade and distribution of toxic products and activities involving the professional use of such products, including intermediary activities (OJ No. L 307 of 18.11.1974, p. 1).
26bis 374 L 0557 : Council Directive 74/557/EEC of 4 June 1974 concerning the realization of the freedom of establishment and the free provision of services for non-employed activities and intermediaries related to the trade and distribution of toxic products (OJ No. L 307 of 18.11.1974, p. 5), amended by:
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new Member States to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
the Appendix is supplemented by the following text:
“in Switzerland:
All toxic substances and substances referred to in section 2 of the Toxics Act (RS 814.80), including those listed in the List of Toxic Substances and Products of Classes 1, 2 and 3, pursuant to section 3 of the Toxic Substances Regulations (RS 814.801). »
Ambient activities
27. 375 L 0369: Council Directive 75/369/EEC of 16 June 1975 on measures to promote the effective exercise of the freedom of establishment and the free provision of services for activities carried out in an ambulance manner, including transitional measures for these activities (OJ No. L 167 of 30.6.1975, p. 29).
Independent commercial
28. 386 L 0653: Council Directive 86/653/EEC of 18 December 1986 on the coordination of the rights of member States concerning independent commercial agents (OJ L 382 of 31.12.1986, p. 17).
F. INDUSTRIE AND ARTISANAT
Transformation industries
29. 364 L 0427: Council Directive 64/427/EEC of 7 July 1964 on the modalities of transitional measures in the field of non-employed processing activities under Classes 23-40 CITI (Industry and Crafts) (OJ No. 117 of 23.7.1964, p. 1863/64), as amended by:
- 369 L 0077: Council Directive 69/77/EEC of 4 March 1969 (OJ No. L 59 of 10.3.1969, p. 8).
For the purposes of this Agreement, the directive is adapted as follows:
"Article 5(3) is not applicable. »
30. 364 L 0429: Council Directive 64/429/EEC of 7 July 1964 on the realization of the freedom of establishment and the free provision of services for non-employed processing activities under Classes 23-40 CITI (Industry and Crafts) (OJ No. 117 of 23.7.1964, p. 1880/64), as amended by:
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 83).
Extractive industries
31. 364 L 0428: Council Directive 64/428/EEC of 7 July 1964 on the realization of freedom of establishment and free provision of services for non-employed activities in extractive industries (classes 11-19 ISIC) (OJ No. 117 of 23.7.1964, p. 1871/64), as amended by:
- 172 B: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 81).
Electricity, gas, water and sanitary services
32. 366 L 0162: Council Directive 66/162/EEC of 28 February 1966 on the realization of the freedom of establishment and the free provision of services for non-employed activities under the electricity, gas, water and sanitary services sectors (CITI Channel 5) (OJ No. 42 of 8.3.1966, p. 584/66), as amended by:
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 82).
Food industry and beverage manufacturing
33. 368 L 0365: Council Directive 68/365/EEC of 15 October 1968 on the realization of the freedom of establishment and the free provision of services for non-employed activities in the food and beverage industries (classes 20 and 21 ISIC) (OJ No. L 260 of 22.10.1968, p. 9), as amended by:
- 172 B: Act respecting conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 85).
34. 368 L 0366: Council Directive 68/366/EEC of 15 October 1968 on the modalities of transitional measures in the field of non-earmarked activities in the food and beverage manufacturing industries (classes 20 and 21 ISIC) (OJ No. L 260 of 22.10.1968, p. 12).
For the purposes of this Agreement, the directive is adapted as follows:
"Article 6(3) is not applicable. »
Oil and Natural Gas Research (Prospecting and Drilling)
35. 369 L 0082: Council Directive 69/82/EEC of 13 March 1969 concerning the realization of the freedom of establishment and the free provision of services for non-employed activities in the field of oil and natural gas research (ex class 13 ISIC) (OJ No. L 68 of 19.3.1969, p. 4), as amended by:
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 82).
G. Transport operations
36. 382 L 0470: Council Directive 82/470/EEC of 29 June 1982 on measures to promote the effective exercise of the freedom of establishment and the free provision of services for the non-employed activities of certain transport assistants and travel agents (Group 718 ISIC) and of the contractors (Group 720 ISIC) (OJ No. L 213 of 21.7.1982, p. 1),
- 1 85 I: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No. L 302 of 15.11.1985, p. 156),
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new Member States to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
(a) Article 3 is supplemented by the following text:
« Switzerland
A. Shipper
Spediteur
Spedizioniere
Customs declaration
Zolldeklar
Dichiarante di dogana
B. Travel agent
Reisebürounternehmer
Agente di viaggio
C. Depositary
Lagerhalter
Agente di deposito
D. Expert in automobiles
Automobilexperte
Perito in automobili
Weight Auditor and Measures
Eichmeister
verificatore dei pesi e delle miseure »
H. CINEMATOGRAPHIC INDUSTRY
37. 363 L 0607: Council Directive 63/607/EEC of 15 October 1963 to implement the provisions of the General Programme for the Suppression of Restrictions on the Free Provision of Cinematography Services (OJ No. 159 of 2.11.1963).
38. 365 L 0264 : Second Council Directive 65/264/EEC of 13 May 1965, for the implementation of the provisions of the General Programmes for the Supression of Restrictions on Freedom of Establishment and the Free Delivery of Cinematography Services (OJ No. 85 of 19.5.1965, p. 1437/65), as amended by:
- 172 B: Act respecting conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 14).
39. 368 L 0369: Council Directive 68/369/EEC of 15 October 1968 concerning the realization of the freedom of establishment for non-employed film distribution activities (OJ No. L 260 of 22.10.1968, p. 22), as amended by:
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 82).
40. 370 L 0451: Council Directive 70/451/EEC of 29 September 1970 on the realization of the freedom of establishment and the free provision of services for non-earmarked film production activities (OJ No. L 218 of 3.10.1970, p. 37), as amended by:
- 172 B: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 88).
I. OTHER SECTORS
Services provided to companies in the real estate business sector and other sectors
41. 367 L 0043: Council Directive 67/43/EEC of 12 January 1967 on the realization of the freedom of establishment and the free provision of services for non-employed activities which fall under:
1. (ex 640 ISIC)
2. of the sector of certain "Services provided to companies not classified elsewhere" (Group 839 ISIC) (OJ No. 10 of 19.1.1967), as amended by:
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 82).
- 1 79 H: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Hellenic Republic (OJ No. L 291 of 19.11.1979, p. 89),
- 1 85 I: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No. L 302 of 15.11.1985, p. 156),
- 95/1/EC, Euratom, ECSC: Adaptation of instruments relating to the accession of new member states to the European Union.
For the purposes of this Agreement, the directive is adapted as follows:
(a) in Article 2, paragraph 3 is supplemented by the following text:
“In Switzerland:
- real estate broker,
Liegenschaftenmakler,
Agente immobiliare,
- manager in buildings,
Hausverwalter,
amministratore di stabili,
- director and broker in buildings,
Immobilien-Treuhänder,
fiduciario immobiliare. »
Personal Services Sector
42. 368 L 0367: Council Directive 68/367/EEC of 15 October 1968 on the realization of the freedom of establishment and the free provision of services for non-employed activities under personal services (exclass 85 ISIC):
1. restaurants and beverages (group 852 ISIC),
2. Furnished hotels and similar establishments, campgrounds (Group 853 CITI) (OJ No. L 260 of 29.10.1968, p. 16), as amended by:
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 86).
43. 368 L 0368: Council Directive 68/368/EEC of 15 October 1968 on the modalities of transitional measures in the field of non-employed activities under personal services (formerly Class 85 ISIC):
1. restaurants and beverages (group 852 ISIC),
2. Furnished hotels and similar establishments, campgrounds (Group 853 CITI) (OJ No. L 260 of 29.10.1968, p. 19).
Other activities
44. 375 L 0368: Council Directive 75/368/EEC of 16 June 1975 on measures to promote the effective exercise of the freedom of establishment and the free provision of services for various activities (exclass 01 to class 85 ISIC) including transitional measures for these activities (OJ No. L 167 of 30.6.1975, p. 22).
Hairdressers
45. 382 L 0489: Council Directive 82/489/EEC of 19 July 1982, which includes measures to facilitate the effective exercise of the right to establishment and free service of hairdressers (OJ No. L 218 of 27.7.1982, p. 24).
J. AGRICULTURE
46. 363 L 0261: Council Directive 63/261/EEC of 2 April 1963, setting out the modalities for the realization of the freedom of establishment in agriculture in the territory of a Member State of nationals of other countries of the Community having worked as agricultural workers in that Member State for two years without interruption (OJ No. 62 of 20.4.1963, p. 1323/63), as amended by:
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 14).
47. 363 L 0262: Council Directive 63/262/EEC of 2 April 1963, setting out the modalities for the realization of freedom of establishment on abandoned or inculturated farms for more than two years (OJ No. 62 of 20.4.1963, p. 1326/63), as amended by:
- 172 B: Act on conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 14).
48. 365 L 0001: Council Directive 65/1/EEC of 14 December 1964, setting out the modalities for the free delivery of services in the activities of agriculture and horticulture (OJ No. 1 of 8.1.1965, p. 1/65), as amended by:
- 172 B: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 79).
49. 367 L 0530 : Council Directive 67/530/EEC of 25 July 1967, concerning the freedom for farmers of a Member State, established in another Member State, to transfer from one farm to another (OJ No. 190 of 10.8.1967, p. 1), as amended by:
- 172 B: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 79).
50. 367 L 0531 : Directive 67/531/EEC of the Council, of 25 July 1967, concerning the application of the legislation of the Member States in respect of rural leases, to the farmers of the other Member States (OJ No. 190 of 10.8.1967, p. 3), as amended by:
- 172 B: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 80).
51. 367 L 0532 : Council Directive 67/532/EEC of 25 July 1967, aiming at the freedom for farmers from a Member State, established in another Member State, to access cooperatives (OJ No. 190 of 10.8.1967, p. 5), as amended by:
- 172 B: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 80).
52. 367 L 0654 : Council Directive 67/654/EEC of 24 October 1967, setting out the modalities for the realization of freedom of establishment and the free provision of services in non-earmarked activities of forestry and forestry (OJ No. 263 of 30.10.1967, p. 6), as amended by:
- 172 B: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 80).
53. 368 L 0192: Council Directive 68/192/EEC of 5 April 1968 on the freedom for farmers from a Member State established in another Member State to access various forms of credit (OJ No. L 93 of 17.4.1968, p. 13), as amended by:
- 172 B: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 80).
54. 368 L 0415: Council Directive 68/415/EEC of 20 December 1968 on the freedom of farmers from a Member State established in another Member State to access various forms of assistance (OJ No. L 308 of 23.12.1968, p. 17).
55. 371 L 0018: Council Directive 71/18/EEC of 16 December 1970, setting out the modalities for the realization of freedom of establishment in the non-employed subsidiary activities of agriculture and horticulture (OJ No. L 8 of 11.1.1971, p. 24), as amended by:
- 172 B: Act relating to conditions of accession and adaptation of treaties - Accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ No. L 73 of 27.3.1972, p. 80).
K. OTHER
56. 385 D 0368: Decision 85/368/EEC of the Council of 16 July 1985 concerning the correspondence of vocational training qualifications between member states of the European Communities (OJ No. L 199 of 31.7.1985, p. 56).
SECTION B - ACTS DONT LES PARTIES CONTRACTANT PRENNENT ACTE
The Contracting Parties shall take note of the content of the following acts:
Generally
57. C/81/74/p.1: Submitted by the Commission on the evidence, statements and attestations set out in the directives issued by the Commission before 1^er June 1973 in the field of freedom of establishment and the free provision of services, which relate to honesty, lack of bankruptcy, the nature and duration of professional activities carried out in countries of origin (OJ No. C 81 of 13.7.1974, p. 1).
58. 374 Y 0820(01): Council resolution of 6 June 1974 concerning the mutual recognition of diplomas, certificates and other titles (OJ No. C 98 of 20.8.1974, p. 1).
General system
59. 389 L 0048: Statement by the Council and the Commission on Directive 89/48/EEC of the Council, of 21 December 1988, on a general system of recognition of higher education diplomas which sanction vocational training for a minimum of three years (OJ No. L 19 of 24.1.1989, p. 23).
Doctors
60. 375 X 0366: Recommendation 73/366/EEC of the Council, dated 16 June 1975, concerning citizens of the Grand Duchy of Luxembourg with a doctor's degree from a third country (OJ No. L 167 of 30.6.1975, p. 20).
61. 375 X 0367: Council Recommendation 73/367/EEC of 16 June 1975 on the clinical training of the doctor (OJ No. L 167 of 30.6.1975, p. 21).
62. 375 Y 0701(01): Council statements made on the occasion of the adoption of texts concerning the freedom of establishment and the free provision of services of doctors in the Community (OJ No. C 146 of 1.7.1975, p. 1).
63. 386 X 0458: Council Recommendation 86/458/EEC of 15 September 1986 concerning citizens of the Grand Duchy of Luxembourg with a diploma of general practitioner issued in a third State (OJ No. L 167 of 30.6.1975, p.30).
64. 389 X 0601: Commission Recommendation 89/601/EEC of 8 November 1989 concerning the training of health personnel in cancer (OJ No. L 346 of 27.11.1989, p. 1).
Dental art practitioners
65. 378 Y 0824(01): Statement by the Commission on the Directive for the Coordination of Legislative, Regulatory and Administrative Provisions on the Activities of Dental Art Practitioner (OJ No. C 202 of 24.8.1978, p. 1).
Veterinary medicine
66. 378 X 1029: Recommendation 78/1029/EEC of the Council of 18 December 1978 concerning citizens of the Grand Duchy of Luxembourg with a veterinary degree issued in a third State (OJ No. L 362 of 23.12.1978, p. 12).
67. 378 Y 1223(01): Statement by the Council on the Directive on the Mutual Recognition of Veterinary Degrees, Certificates and Other Titles and on Measures to Facilitate the Effective Exercise of the Right of Establishment and Free Service Delivery (OJ No. C 308 of 23.12.1978, p. 1).
Pharmacy
68. 385 X 0435: Council Recommendation 85/435/EEC of 16 September 1985 concerning nationals of the Grand Duchy of Luxembourg with a pharmacist's degree issued in a third State (OJ No. L 253 of 24.9.1985, p. 45).
Architecture
69. 385 X 0386: Council Recommendation 85/386/EEC of 10 June 1985 concerning holders of a degree in the field of architecture issued in a third country (OJ No. L 223 of 21.8.1985, p. 28).
Wholesale trade
70. 365 X 0077: Recommendation 65/77/EEC of the Commission to the Member States, of 12 January 1965, on certificates relating to the exercise of the profession in the country of origin, as provided for in Article 4(2) of Council Directive 64/222/EEC (OJ No. 24 of 11.2.1965, p. 413/65).
Industry and crafts
71. 365 X 0076: Recommendation 65/76/EEC of the Commission to the Member States, of 12 January 1965, on certificates concerning the exercise of the profession in the country of origin, provided for in Article 4, paragraph 2, of Council Directive 64/427/EEC (OJ No. 24, 11.2.1965, p. 410/65).
72. 369 X 0174: Recommendation 69/174/EEC of the Commission to the Member States of 22 May 1969 on certificates concerning the exercise of the profession in the country of origin, as provided for in Article 5 paragraph 2 of Council Directive 68/366/EEC (OJ No. L 146 of 18.6.1969, p. 4).
PROTOCOL ON SECONDARY RESIDENCE IN DANEMARK
The Contracting Parties agree that Protocol No. 1 of the Treaty establishing the European Community concerning the acquisition of real estate in Denmark also applies to this agreement with respect to the acquisition of secondary residences in Denmark by persons of Swiss nationality.
PROTOCOL ON ALAND ILES
"The Contracting Parties agree that Protocol No. 2 of the Adhesion Act of Finland to the European Union concerning the Aland Islands also applies to this agreement"
FINAL ACT
Plenipotentiaries
of BELGIUM,
of the DANEMARK,
of the GERMANY FEDERAL REPUBLIC,
of the HELLENICAL REPUBLIC,
of the SPANISH,
of the FRANCAISE REPUBLIC,
IRELAND,
of the ITALIAN REPUBLIC,
of LUXEMBOURG,
ROYAUME DES PAYS-BAS,
of the AUTRICHE REPUBLIC,
of the PORTUGAISE REPUBLIC,
FINLAND REPUBLIC,
SUEDE ROYAUME,
ROYAUME DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD,
and
of the EUROPEAN COMMUNITY,
on the one hand
SUISSE CONFEDERATION,
on the other hand,
Meeting on 21.06.1999 in Luxembourg for the signing of the agreement between the European Community and its Member States, on the one hand, the Swiss Confederation, on the other hand, on the free movement of persons adopted the following joint declarations and attached to this final act:
Joint statement on general liberalization of service delivery,
Joint statement on pensions of pensioners of EC institutions residing in Switzerland,
Joint Declaration on the Implementation of the Agreement,
Joint statement on future additional negotiations.
They also took note of the following declarations annexed to the present Final Act:
Statement by Switzerland on the renewal of the agreement,
Swiss statement on migration and asylum policy,
Statement by Switzerland on the recognition of architectural diplomas,
Statement by the EC and its member States on Articles 1 and 17 of Annex I,
Declaration on the participation of Switzerland in committees.
COMMON DECLARATION ON A GENERAL LIBERALIZATION OF THE PRESTATION OF SERVICES
The contracting parties undertake to enter into negotiations on a general liberalization of service delivery on the basis of community acquis as soon as possible.
COMMUNITY DECLARATION ON THE PENSIONS OF THE INSTITUTIONS OF EUROPEAN COMMUNITIES RESIDANT TO SWITZERLAND
The Commission of the EC and Switzerland undertake to seek an adequate solution to the problem of double taxation of pensions of pensioners of the institutions of the European Communities residing in Switzerland.
JOINT DECLARATION RELATING TO THE APPROVAL OF THE CORD
The Contracting Parties shall make the necessary arrangements to apply to nationals of the other Contracting Party the acquis communautaire in accordance with the agreement between them.
DECLARATION COMMUNE RELATIVE A DE FUTURES NEGOCIATIONS ADDITIONNELLES
The European Community and the Swiss Confederation declare their intention to enter into negotiations with a view to concluding agreements in areas of common interest such as the update of Protocol 2 of the 1972 Free Trade Agreement, the Swiss participation in certain community programmes for training, youth, the media, statistics and the environment. These negotiations should be prepared quickly after the conclusion of the current bilateral negotiations.
DECLARATION OF SWITZERLAND ON THE RECOGNITION
Switzerland states that it will determine, on the basis of its applicable internal procedures, on the renewal of the agreement during the seventh year of its application.
SWITZERLAND DECLARATION ON MIGRATION AND ASIL POLICY
Switzerland reaffirms its commitment to strengthen cooperation with the EU and its member states in the field of migration and asylum policy. With this in mind, Switzerland is ready to participate in the EU's system of coordination on asylum applications and proposes the commitment of negotiations for the conclusion of a convention parallel to the Dublin Convention (Convention on the Determination of the State responsible for the examination of a claim submitted in one of the Member States of the European Communities, signed in Dublin on 15 June 1990).
SWITZERLAND DECLARATION ON THE RECOGNIZATION OF ARCHITECTORY
Switzerland will propose to the Joint Committee on the Agreement on the Free Movement of Persons, immediately upon its constitution, the inclusion, in Annex III of the Agreement on the Free Movement of Persons, of architectural diplomas issued by the Swiss High Specialized Schools, in accordance with the provisions of Directive 85/384/EEC of 10 June 1986.
DECLARATION OF THE EC AND OF SEMBERS CONCERNING ARTICLES 1 AND 17 OF ANNEX I
The European Community and its Member States declare that Articles 1 and 17 of Annex I to the Agreement do not prejudge the acquis communautaire concerning the conditions of detachment of workers nationals of a third country as part of a provision of cross-border services.
DECLARATION ON THE PARTICIPATION OF THE COMMITTEE
The Council agrees that the representatives of Switzerland participate as observers and for the points that concern them in the meetings of the following committees and expert groups:
- Research Programme Committees; including Scientific and Technical Research Committee (CREST)
- Administrative Commission on Social Security of Migrant Workers
- Coordination Group on Mutual Recognition of Higher Education Degrees
- Advisory committees on air roads and the application of competition rules in the field of air transport.
These committees meet without the presence of representatives of Switzerland on the vote.
With respect to the other committees dealing with the areas covered by these agreements and for which Switzerland has resumed the acquis communautaire, i.e. the application by equivalence, the Commission will consult with the experts of Switzerland according to the formula of Article 100 of the EEA Agreement.

Convention between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other hand, on the free movement of persons, made in Luxembourg on 21 June 1999
LIST OF LIES
For the consultation of the table, see image
This Convention entered into force on 1^er June 2002.