Rs 0.142.112.681 Agreement Of 21 June 1999 Between The Swiss Confederation, On The One Hand, And The European Community And Its Member States, On The Other, On The Free Movement Of Persons (With Annexes, Prot And Final Act)

Original Language Title: RS 0.142.112.681 Accord du 21 juin 1999 entre la Confédération suisse d’une part, et la Communauté européenne et ses Etats membres, d’autre part, sur la libre circulation des personnes (avec annexes, prot. et acte final)

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0.142.112.681 original text agreement between the Swiss Confederation, on the one hand, and the community and its Member States, on the other, on the free movement of persons concluded on 21 June 1999 and approved by the Federal Assembly on 8 October 1999 Swiss ratification Instrument deposited on 16 October 2000, entered into force on 1 June 2002 (status on 8 June 2015) the Swiss Confederation on the one hand, and the community, the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and 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 individuals to travel on the territories of the contracting parties constitutes an important element for the harmonious development of their relations decided to achieve the free movement of people between them based on the provisions in the European Community, are agreed to conclude the following agreement: I. basic provisions art. 1 objective the objective of this agreement, in favour of nationals of the Member States of the European Community and the Switzerland, is: a) to grant a right of entry, residence, access to a paid economic activity of the school as an independent and the right to remain in the territory of the contracting parties; b) to facilitate the provision of services on the territory of the contracting parties ((, in particular to liberalise the provision of short-term services; c) to grant a right of entry and stay on the territory of the contracting parties, to people with no economic activity in the host country; d) to grant the same living conditions, employment and work than those granted to nationals.

Art. 2 non-discrimination the nationals of a Contracting Party who lawfully 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 this agreement, discriminated against because of their nationality.

Art. 3 admission the admission of nationals of a Contracting Party in the territory of another Contracting Party is ensured in accordance with the provisions laid down in annex I.

Art. 4 right of residence and access to an economic activity, the right of residence and access to an economic activity is guaranteed subject to the provisions of art. 10 and in accordance with the provisions of annex I.

Art. 5 service provider (1) without prejudice to other specific agreements relating to the provision of services between the contracting parties (including the agreement in the area of public procurement as long as it covers the provision of services), a provider of services, including companies in accordance with the provisions of annex I, has the right to provide a service for a service in the territory of the other Contracting Party that does not exceed 90 days of actual work per calendar year.
((2) a service provider has the right of entry and residence in the territory of the other Contracting Party has) if the service provider has the right to provide a service according to the by. 1 or under the provisions of a covered agreement to the by. 1; b) or, where the conditions referred to under point a) are not met, if authorized to provide a service has been granted by the competent authorities of the Contracting Party concerned.

(3) physical nationals of a Member State of the European Community or the Switzerland travelling in the territory of one of the contracting parties that, as recipients of services have the right of entry and residence.
(4) the rights covered by this article are guaranteed in accordance with the provisions of annexes I, II and III. The quantitative limits of art. 10 are not opposable to the persons referred to in this article.

Art. 6 right of residence for persons exercising economic activity no right of residence in the territory of a Contracting Party is guaranteed to persons not of economic activity according to the provisions of annex I on non assets.

Art. 7 other rights the contracting parties regulate, in accordance with Annex I, including the rights mentioned below related to the free movement of persons: has) the right to equal treatment with nationals regarding access to an economic activity and its exercise as well as the living conditions, employment and work; b) the right to a 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 the family members, whatever their nationality; e) the right to exercise an economic activity for the family ((regardless of their nationality; f) the right to acquire buildings insofar as it is linked to the exercise of the rights conferred by this agreement; g) during the transitional period, right after the end of an economic activity or a stay in the territory of a Contracting Party, to return in order to pursue economic activity as well as the right to the transformation of a title of temporary stay in sustainable title.

Art. 8 coordination of social security systems contracting parties regulate, in accordance with annex II, the coordination of systems of welfare in order to ensure in particular: a) equal treatment; b) the determination of the applicable law; c) aggregation, for the opening and the maintenance of the right to benefits, as well as for the calculation of these, of all periods taken into consideration by the various national legislations; d) the payment of benefits to persons residing in the territory of parties contracting; e) mutual assistance and administrative cooperation between the authorities and institutions.

Art. 9 diplomas, certificates and other securities in order to make it easier for nationals of the Member States of the Community European and Switzerland access to employees and independent activities and their exercise, and the provision of services, the contracting parties take the necessary measures, in accordance with annex III, concerning the mutual recognition of diplomas, certificates and other securities and the coordination of the legislative provisions regulatory and administrative contracting parties regarding access to employed and self-employed activities and their exercise as well as the provision of services.

II. General provisions and final art. 10 transitional provisions and development of the agreement (1) five years after the entry into force of the agreement, the Switzerland may maintain quantitative limits on access to an economic activity for the two categories of stay following: lasting more than four months and less to a year and for a period equal to or greater than one year. Stays of less than four months are not limited.
From the beginning of the sixth year, all quantitative limits with respect to nationals of the Member States of the European Community will be abandoned.
(1A) the Switzerland can maintain until 31 May 2007 the quantitative limits on access to salaried workers employed in Switzerland and independents, who are nationals of the Czech Republic, the Republic of Estonia, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Poland, of the Republic of Slovenia and the Slovak Republic for the two categories of stay following : for a period longer than four months and less to a year and for a period equal to or greater than one year. Stays of less than four months are not limited.
Before the end of the transitional period, the Joint Committee reviews the functioning of the transitional period applied to nationals of the new Member States on the basis of a report of the Switzerland. At the end of this review, and no later than at the end of the above period, the Switzerland shall notify the Joint Committee whether it will continue to apply quantitative limits for workers employed in Switzerland. The Switzerland may continue to apply such measures until 31 May 2009. In the absence of notification, the transitional period ends on 31 May 2007.

At the end of the transitional period defined in this paragraph, all quantitative limits applicable to nationals of the Czech Republic, the Republic of Estonia, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Poland, the Republic of Slovenia and the Slovak Republic are deleted. These Member States are empowered to introduce the same quantitative limits with respect to Swiss citizens for the same periods.
(1 b) until the end of the second year after the entry into force of the Protocol to this agreement regarding the participation, as contracting parties, of the Republic of Bulgaria and Romania, the Switzerland may maintain quantitative limits the access of employees occupying a job in Switzerland and independents, who are nationals of the Republic of Bulgaria and the Romania , for the following two categories of stay: for a period longer than four months and less to a year and for a period equal to or greater than one year. Stays of less than four months are not limited.
Before the end of the above period, the Joint Committee examines, on the basis of a report prepared by Switzerland, the functioning of the transitional period applied to nationals of the new Member States. At the end of this review, and no later than at the end of the above period, the Switzerland shall notify the Joint Committee whether it will continue to apply quantitative limits for workers employed in Switzerland. The Switzerland may continue to apply these measures until the end of the fifth year from the entry into force of the aforementioned Protocol. In the absence of notification, the transitional period ends at the end of the period of two years referred to in para. 1. at the end of the transitional period defined in this paragraph, all quantitative limits applicable to nationals of the Republic of Bulgaria and the Romania are deleted. These Member States are empowered to introduce the same quantitative limits with respect to Swiss citizens for the same periods.
(2) contracting parties may, for a maximum period of two years, maintaining the controls on the priority of workers integrated into the regular work and market wages and conditions of work for nationals of the other Contracting Party, including the service providers referred to in art. 5. before the end of the first year, the Joint Committee will review the need for maintaining these restrictions. It can shorten the maximum period of two years. Providers of services liberalised by a specific agreement on the provision of services between the contracting parties (including the agreement on certain aspects of the procurement as far it covers service delivery) are not subject to the control of the priority of workers integrated into the regular labour market.
(2A) the Switzerland and the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic may maintain, until May 31, 2007, against workers of one of these contracting parties employees on their territory, the controls on the priority of workers integrated into the regular market labor and conditions of salary and work applicable to nationals of the Contracting Party concerned. The same controls can be kept for people service providers in the following four areas: services related to the culture and the landscape; construction, including the areas; investigations and security; clean-up activities (NACE codes 01.41; 45.1 to 4; 74.60 74.70 respectively), referred to in art. 5, by. 1, of the agreement. During the transitional periods referred to in the by. 1A, 2 a, 3 and 4A, the Switzerland gives preference to workers who are nationals of the new Member States over workers who are nationals of countries outside the EU and EFTA regarding access to the labour market. Providers of services liberalised by a specific agreement on the provision of services between the contracting parties (including the agreement on certain aspects of government procurement as long as it covers the provision of services) are not subject to the control of the priority of workers integrated into the regular labour market. For the same period, qualifying conditions can be maintained for residence permits of less than four months and for service providers people in the four areas mentioned above, referred to in art. 5, by. 1, of the agreement.
Before May 31, 2007, the Board reviews the functioning of the transitional measures provided for in this subsection on the basis of a report drawn up by each of the contracting parties that apply. At the end of this review, and no later than May 31, 2007, the Contracting Party which has applied the transitional measures provided for in this paragraph and which was notified to the Joint Committee its intention to continue to apply may continue to do so until May 31, 2009. In the absence of notification, the transitional period ends on 31 May 2007.
At the end of the transitional period defined in this paragraph, all of the restrictions referred above above in this paragraph are deleted.
(2B) the Switzerland, the Republic of Bulgaria and the Romania may, until the end of the second year after the entry into force of the Protocol to this agreement regarding the participation, as contracting parties, of the Republic of Bulgaria and the Romania, maintain, with respect to the workers of one of these contracting parties employed on their territory the controls on the priority of workers integrated into the regular work and market wage and working conditions applicable to nationals of the other Contracting Party in question. The same controls can be kept for people service providers referred to in art. 5, by. 1, of the present agreement, in the following four areas: services in the field of horticulture. construction and related industries; activities in the field of safety and industrial cleaning (codes NACE 01.41; 45.1 to 4; 74.60 74.70 respectively). During the transitional periods referred to in the by. 1 b, 2b, 3b and 4 c, the Switzerland gives preference to workers who are nationals of the new Member States compared to workers from outside the EU and EFTA countries with regard to access to its labour market. Providers of liberalized services by a specific agreement on the provision of services between the contracting parties (including the agreement on certain aspects of government procurement, insofar as it covers the provision of services) are not subject to the control of the priority of workers integrated into the regular labour market. For the same period, qualifying conditions can be maintained for residence permits of less than four months and for service providers, persons art. 5, by. 1, of this agreement, in the four areas mentioned above.
In the two years from the entry into force of the Protocol to this agreement regarding the participation, as contracting parties, of the Republic of Bulgaria and Romania, the Board reviews the functioning of the transitional measures provided for in this subsection on the basis of a report prepared by each of the contracting parties that apply. At the end of this review, and no later than two years after the entry into force of the aforementioned Protocol, the Contracting Party which has applied the transitional measures provided for in this paragraph and which was notified to the Joint Committee its intention to continue to apply may continue to do so until the end of the fifth year from the entry into force of the aforementioned Protocol. In the absence of notification, the transitional period ends at the end of the period of two years referred to in para. 1. at the end of the transitional period defined in this paragraph, all of the restrictions referred to above in this paragraph are deleted.
(3) upon entry into force of this agreement and for a period up to the end of the fifth year, the Switzerland reserves, within its global quotas, minimum following of new residence permits to workers employed and self-employed in the Community European: residence permits for a period equal to or greater than one year: 15,000 per year; residence permits for more than four months and less than one year: 115 500 annually.

(3A) upon entry into force of the Protocol to this agreement regarding the participation, as contracting parties, new States mentioned below, and to the end of the period described on the by. 1A, the Switzerland holds, on an annual basis (pro rata temporis), within its global quotas for third countries, for salaried workers employed in Switzerland and for the self-employed, who are nationals of the Czech Republic, to the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, of the Republic of Poland the Republic of Slovenia and the Slovak Republic, a minimum number of new titles of stay in accordance with the following schedule: up to the number of securities for a period equal to or greater than one year number of securities for a period longer than four months and less than one year may 31, 2005 900 9 000 31 May 2006 1300 12 400 31 May 2007 1700 15 800 31 May 2008 2200 19 200 31 May 2009 2600 22 600 (3B) from the entry into force of the Protocol to this agreement regarding the participation, as contracting parties, of the Republic of Bulgaria and the Romania until the end of the period described on the by. 1 b, Switzerland reserve, on an annual basis (pro rata temporis) and within the limits of its global quotas for third countries, a minimum number of new residence permits to workers employed in Switzerland and to the self-employed, who are nationals of these new Member States, in accordance with the following schedule: until the end of the number of residence permits for a period equal to or greater than a year number of residence permits of more than four months and less than a year first year 362 3 620 second year 523 4 987 third year 684 6 355 fourth year 885 7 722 fifth year 1046 9 090 (4) Notwithstanding the provisions of the by. 3, the following terms are 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 titles of stay from one of the categories to the by. 1 issued European employees and self-employed community workers is higher than the average of the previous three years over 10%, the Switzerland can, unilaterally, to the following year, limit the number of new residence permits of this category for dependent and independent of the Community European workers to the average of the previous three years plus 5%. The following year the number may be limited to the same level.
Notwithstanding the provisions of the preceding paragraph, the number of new residence permits issued to workers, salaried or independent of the Community European cannot be limited to less than 15 000 per year for new titles of stay of a duration equal to or greater a year and 115 500 annually for residence permits of more than four months and less than a year.
(4A) at the end of the period described on the by. 1A in this paragraph and until 12 years after the entry into force of the agreement, the provisions of art. 10, by. 4, of the agreement shall apply.
In the event of serious disturbances or threat of serious disturbances of its employment, the Switzerland market and each of the new Member States that applied for the transitional measures shall notify these circumstances to the Joint Committee for May 31, 2009. In this case, the notifying country may continue to apply to employees employed on its territory the measures described to the by. 1A, 2A and 3A until April 30, 2011. In this case, the annual number of intended residence permits to the by. 1a is the following: until the number of securities for a period equal or greater than one year number of titles to more than four months and less than a year 31 May 2010 2800 26 000 30 April 2011 3000 29 000 (4B) where Malta is known or expected disturbances of its labour market likely to seriously threaten the standard of living or level of employment in a given profession or region , and decides to invoke the provisions contained in section 2 "free movement of persons" of annex XI of the Act of accession, the restrictive measures taken by Malta to the rest of the Member States of the EU can be applied also to the Switzerland. In this case, the Switzerland has the right to take reciprocal measures equivalent to Malta.
Malta and the Switzerland can resort to this procedure until April 30, 2011.
(4 c) at the end of the period described on the by. 1 b and in this paragraph and until the end of the tenth year after the entry into force of the Protocol to this agreement regarding the participation, as contracting parties, of the Republic of Bulgaria and the Romania, the provisions of art. 10, by. 4, of this Agreement shall apply to nationals of these new Member States.
In the event of serious disturbances or a threat of serious of their labour market disruptions, the Switzerland and each of the new Member States having applied transitional measures shall notify these circumstances to the Board before the end of the transitional period of five years specified in the by. 2b, al. 2. in this case, the notifying country may continue to apply to employees employed on its territory the measures described to the by. 1 b, 2B and 3B until the end of the seventh year after the entry into force of the aforementioned Protocol. In this case, the annual number of intended residence permits to the by. 1 b is this: until the end of the number of titles of stay of a duration equal or superior to a year number of residence of longer than four months and less than one year sixth year 1126 10 457 seventh 1207 11 664 (5) the transitional provisions of by. 1 to 4, and in particular those of the by. 2 on the priority of workers integrated into the regular labour market and control of pay and working conditions, will not apply to employed and self-employed workers who, at the time of the entry into force of the present agreement, are allowed to exercise an economic activity in the territory of the contracting parties. These have particular geographical and professional mobility. Holders of a residence permit for a period less than one year have the right to renewal of their residence permit; the exhaustion of the quantitative limits is not opposable to them. Holders of a residence permit for a period equal to or greater than one year automatically entitled to the extension of their residence permit; These dependent and independent workers will have as a result from the entry into force of the agreement the rights related to the free movement of persons established in the provisions of the basis of this agreement, and especially of his art. 7 (5A) the transitional provisions of by. 1A, 2A, 3A, 4A and 4B, and especially those of the by. 2A on the priority of workers integrated into the regular labour market and controls on wages and working conditions, are not employed and self-employed workers who, at the time of the entry into force of the Protocol to the present agreement regarding the participation, as contracting parties, of the new members referred to in the paragraphs above, are allowed to exercise an economic activity in the territory of the contracting parties. These workers enjoy including geographical and professional mobility.
Holders of a residence permit for a period less than one year are entitled to renewal of their residence permit; the exhaustion of the quantitative limits is not opposable to them. Holders of a residence permit of a duration equal to or more than one year were automatically entitled to the extension of their residence permit; These dependent and independent workers will have as a result from the entry into force of the agreement the rights related to the free movement of persons established in the provisions of the basis of this agreement, including his art. 7. (5 (b) the transitional provisions of by. 1 b, 2b, 3b and 4 c, and in particular those of the by. 2B on the priority of workers integrated into the regular labour market and controls of pay and working conditions, do not apply to employed and self-employed workers who, at the time of the entry into force of the Protocol to this agreement regarding the participation, as contracting, of the Republic of Bulgaria and the Romania parties, are allowed to exercise an economic activity in the territory of the contracting parties. These workers enjoy including geographical and professional mobility.
Holders of a residence permit for a period less than one year are entitled to renewal of their residence permit; beyond the quantitative limits is not opposable to them. Holders of a residence permit of a duration equal to or more than one year were automatically entitled to the extension of their residence permit. Accordingly, these dependent and independent workers will have, from the entry into force of the aforementioned Protocol, the rights related to the free movement of persons established in the basic provisions of this agreement, and in particular its art. 7.

(6) Switzerland to communicate regularly and quickly to the Joint Committee statistics and useful information, including measures for implementation of the by. 2. each Contracting Party may request a review of the situation within the Joint Committee.
(7) no quantitative limitation is applicable to frontier workers.
(8) the transitional provisions concerning social security and the retrocession of unemployment insurance premiums are set in the Protocol to annex II.

Introduced by art. let 2. b of the Prot. from 26 oct. 2004 relating to the extension of the Spa. on the free movement of people in the new Member States of the EC, approved by SSA. fed. Dec. 17. 2004, in force since April 1, 2006 (RO 2006 979 995; FF 2004 5523 6187).
Extended until that date by notification of May 29, 2007 (RO 2008 573).
Introduced by art. 2 No. 2 of the Prot. 27 May 2008 (Participation of the Bulgaria and Romania following their accession to the EU), approved by the SSA. fed. June 13, 2008, in force since June 1, 2009 (RO 2009 2421 2411, 2012 4479; FF 2008 1927).
The action continued until 31 May 2014 by notification of the Switzerland on 27 May 2011 (RO 2011 4127) and may 31, 2016, by notification of the Switzerland of 28 may 2014 (RO 2014 1893).
Introduced by art. let 2. b of the Prot. from 26 oct. 2004 relating to the extension of the Spa. on the free movement of people in the new Member States of the EC, approved by SSA. fed. Dec. 17. 2004, in force since April 1, 2006 (RO 2006 979 995; FF 2004 5523 6187).
NACE: R (EEC) 3037/90 the Council of the 9.10.1990 n relative to the statistical nomenclature of economic activities in the this (JO L 293 of the 24.10.1990, p. 1), amended lastly by the R (EC) no 29/2002 of the Commission of the 19.12.2001 (OJ L 6 of the 10.1.2002, p. 3).
Workers can apply for a residence permit of short-term troop mentioned to the by. 3 is even shorter than four months.
Extended until that date by notification of May 29, 2007 (RO 2008 573).
Introduced by art. 2 No. 2 of the Prot. 27 May 2008 (Participation of the Bulgaria and Romania following their accession to the EU), approved by the SSA. fed. June 13, 2008, in force since June 1, 2009 (RO 2009 2421 2411, 2012 4479; FF 2008 1927).
NACE: R (EEC) 3037/90 the Council n of 9 October. 1990 relating to the statistical nomenclature of economic activities in the this (JO L 293 of the 24.10.1990, p. 1), amended lastly by the R (EC) n. 1882/2003 of the European Parliament and the Council on Sept. 29. 2003 (JO L 284 of the 31.10.2003, p. 1).
Workers may seek a title of short stay to the mentioned troop to the by. 3B even for a period of less than four months.
The action continued until 31 May 2014 by notification of the Switzerland of 27 May 2011 (RO 2011 4127).
Introduced by art. let 2. b of the Prot. from 26 oct. 2004 relating to the extension of the Spa. on the free movement of people in the new Member States of the EC, approved by SSA. fed. Dec. 17. 2004, in force since April 1, 2006 (RO 2006 979 995; FF 2004 5523 6187).
These securities are issued in addition to the quota mentioned in art. 10 kt. which are reserved for employed and self-employed workers who are nationals of the Member States on the date of signature of the CA. (June 21, 1999) or nationals of the Republic of Cyprus and the Republic of Malta. These titles are also issued in addition to securities issued through existing bilateral agreements of exchange of interns.
Introduced by art. 2 No. 2 of the Prot. 27 May 2008 (Participation of the Bulgaria and Romania following their accession to the EU), approved by the SSA. fed. June 13, 2008, in force since June 1, 2009 (RO 2009 2421 2411, 2012 4479; FF 2008 1927).
These securities are issued in addition to the quotas referred to in art. 10 of this Ac. reserved for the employees and independent nationals of the Member States on the date of signature of the CA. (June 21, 1999) and Member States which have become contracting parties to the present. Ac through the Prot. 2004. These titles are also in addition to securities issued under the Ac. bilateral existing Exchange of trainees between the Switzerland and the new Member States.
Introduced by art. let 2. b of the Prot. from 26 oct. 2004 relating to the extension of the Spa. on the free movement of people in the new Member States of the EC, approved by SSA. fed. Dec. 17. 2004, in force since April 1, 2006 (RO 2006 979 995; FF 2004 5523 6187).
Extended until that date by notification of May 29, 2009 (RO 2009 3075).
Introduced by art. let 2. b of the Prot. from 26 oct. 2004 relating to the extension of the Spa. on the free movement of people in the new Member States of the EC, approved by SSA. fed. Dec. 17. 2004, in force since April 1, 2006 (RO 2006 979 995; FF 2004 5523 6187).
Introduced by art. 2 No. 2 of the Prot. 27 May 2008 (Participation of the Bulgaria and Romania following their accession to the EU), approved by the SSA. fed. June 13, 2008, in force since June 1, 2009 (RO 2009 2421 2411, 2012 4479; FF 2008 1927).
Introduced by art. let 2. b of the Prot. from 26 oct. 2004 relating to the extension of the Spa. on the free movement of people in the new Member States of the EC, approved by SSA. fed. Dec. 17. 2004, in force since April 1, 2006 (RO 2006 979 995; FF 2004 5523 6187).
Introduced by art. 2 No. 2 of the Prot. 27 May 2008 (Participation of the Bulgaria and Romania following their accession to the EU), approved by the SSA. fed. June 13, 2008, in force since June 1, 2009 (RO 2009 2421 2411, 2012 4479; FF 2008 1927).

Art. 11 handling of appeals (1) the persons covered by this agreement have a right of appeal with respect to the application of the provisions of this agreement with the competent authorities.
(2) the appeal must be addressed within a reasonable time.
(3) decisions on appeal, or the absence of a decision within a reasonable time, give the possibility to the persons covered by this agreement, to appeal to the competent national judicial body.

Art. 12 more favourable provisions this agreement is without prejudice to more favourable national provisions which may exist as well for the nationals of the contracting parties for their family members.

Art. 13 stand still the contracting parties commit to not adopt new restrictive measures against nationals of the other party in the areas of application of this agreement.

Art. 14 Joint Committee (1) there is established a Joint Committee, composed of representatives of the contracting parties, which is responsible for the management and proper application of the agreement. For this purpose, it makes recommendations. Decisions in the cases provided for in the agreement. The Joint Committee shall act by mutual agreement.
(2) in the case of serious economic or social difficulties, the Joint Committee shall meet, at the request of one of the contracting parties, in order to examine appropriate measures to remedy the situation. The Joint Committee may decide on the measures to be taken within a period of 60 days from the date of the request. This period may be extended by the Joint Committee. These measures are limited in their scope and duration, to what is strictly necessary to remedy the situation. Must be chosen measures that disturb least the functioning of this agreement.
(3) for the purposes of the execution of the agreement, the contracting parties conduct regular exchanges of information and, at the request of one of them, consult each other within the Joint Committee.
(4) the Joint Committee shall meet as needed, and at least once a year. Each party may request the convening of a meeting. The Joint Committee shall meet within 15 days of the application referred to the by. 2. (5) the Joint Committee shall establish its rules of procedure, which contains, among other provisions, the terms of convocations of meetings, designation of its president and definition of the mandate of the latter.
(6) the Joint Committee may decide to set up any working group or expert to assist it in the performance of its tasks.

Art. 15 annexes and protocols, the annexes and protocols to this agreement form part. The final Act contains the declarations.

Art. 16 refers to the right community (1) to achieve the objectives of this agreement, the contracting parties will take all necessary measures so that the rights and obligations equivalent to those contained in the legal acts of the European Community to which reference is made are application in their relationships.
(2) insofar as the application of this agreement involves concepts of Community law, it will be taken into account the relevant case law of the Court of justice of the European communities prior to the date of its signature. The case-law subsequent to the date of signing of this Agreement shall be communicated to the Switzerland. To ensure the good functioning of the agreement, at the request of a Contracting Party, the Joint Committee will determine the implications of this case-law.

Art. 17 development of law


(1) as soon as a Contracting Party has begun the process of adopting a draft amendment of its internal legislation, or as soon as there is a change in the case law of the bodies whose decisions are not subject to an appeal under law internal in a field governed by this agreement, the Contracting Party concerned shall inform the other party through the Joint Committee.
(2) the Joint Committee to an exchange of views on the implications of such a change would lead to the effective functioning of the agreement.

Art. Review 18, if a Contracting Party wishes to a revision of this agreement, it shall submit a proposal to that effect to the Joint Committee. The modification of this agreement will be implemented after the completion of the respective internal procedures, with the exception of an amendment of Appendices II and III which will be decided by the Joint Committee and which will come into effect immediately after this decision.

Art. 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 may settle the dispute. All relevant information to allow for a thorough review of the situation to find an acceptable solution is provided to the Joint Committee. For this purpose, the Joint Committee examines all possibilities to maintain the good functioning of this agreement.

Art. 20 relationship with bilateral agreements on social security unless otherwise arising from annex II, bilateral social security agreements between the Switzerland and the States members of the European Community are suspended upon entry into force of this agreement, insofar as the matter is governed by this agreement.

Art. 21 relationship with bilateral agreements on double taxation (1) the provisions of bilateral agreements between the Switzerland and the Member States of the European Community in the field of double taxation are not affected by the provisions of this agreement. In particular the provisions of the agreement should not affect the definition of the cross-border worker according to double taxation agreements.
(2) no provision of this agreement may be construed to prevent the parties from distinguishing, in the application of the relevant provisions of their fiscal legislation, between taxpayers who are not in comparable situations, in particular with regard to their place of residence.
(3) no provision of this Agreement shall prevent the adoption or enforcement by the parties of a measure intended to ensure the imposition, payment and the actual collection of taxes or to avoid tax evasion in accordance with the provisions of the tax legislation of a Contracting Party or agreements to avoid double taxation between Switzerland, on the one hand , and one or more Member States of the European Community, on the other hand, or other tax arrangements.

Art. 22 relationship with bilateral agreements in subjects other than social security and double taxation (1) Notwithstanding the provisions of the art. 20 and 21, this agreement does not affect agreements linking Switzerland, on the one hand, and one or several Member States of the European Community, on the other hand, such agreements concerning individuals, economic agents, cross-border cooperation or the lbtp, insofar as they are compatible with this agreement.
(2) in the case of an inconsistency between these agreements and this agreement, the latter shall prevail.

Art. 23 rights acquired in case of denunciation or non renewal, rights acquired by individuals are not affected. Contracting parties will settle the fate of the rights being acquired by mutual agreement.

Art. 24 scope territorial agreement applies on the one hand, to the territory of the Switzerland, on the other hand, to the territories where the Treaty establishing the European Community is application and under the conditions laid down by that Treaty.

Art. 25 entry into force and duration (1) this agreement will be ratified or approved by the contracting parties according to specific procedures. It comes into force on the first day of the second month following the last notification of deposit of the 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 government procurement, - agreement on scientific and technological cooperation.

(2) this agreement is concluded for an initial period of seven years. It is renewed for an indefinite period unless the European Community or the Switzerland notifies the contrary to the other Contracting Party before the expiry of the initial period. In the event of notification, the provisions of the by. 4 apply.
(3) the European Community or the Switzerland may denounce this agreement by notifying its decision to the other Contracting Party. In the event of notification, the provisions of the by. 4 apply.
(4) the seven agreements referred to in the by. 1 cease to be applicable six months after receipt of the notification on the non renewal referred to the by. 2 or the denunciation referred to the by. 3. made in Luxembourg, the twenty and a June year millet nine hundred and ninety-nine, in duplicate in the languages German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese and Swedish, each of these texts being equally authentic.
(Follow signatures)

RS 0.748.127.192.68 RS 0.740.72 RS 0.916.026.81 RS 0.946.526.81 RS 0.172.052.68 RS 0.420.513.1 this Ac. is extended for an indefinite period (see art. 1 of the AF on June 13, 2008; 2009 2411 RO).

Annex I free movement of persons I. provisions general art. 1 entry and exit (1) the contracting parties recognize their territory nationals of other contracting parties, members of their family in the sense of art. 3 of this annex as well as workers within the meaning of art. 17 of this annex on presentation of an identity card or of a valid passport.
No entry visa or equivalent requirement cannot be imposed, except to members of the family and workers within the meaning of art. 17 of this annex, which do not have the nationality of a Contracting Party. The Contracting Party concerned gives these individuals all facilities to obtain the visas that would be necessary.
(2) the contracting parties recognize the nationals of the contracting parties, to members of their families within the meaning of art. 3 of this annex, as well as workers within the meaning of art. 17 of this annex, the right to leave their territory on presentation of an identity card or of a valid passport. Contracting parties may impose no equivalent obligation or exit visa to nationals of other contracting parties.
The contracting parties issue or renew an identity card or a passport including their nationality to their nationals, in accordance with their legislation.
The passport must be valid at least for all contracting parties and to countries in direct transit between them. When the Passport is the only valid document for leaving the country, the duration of its validity cannot be less than five years.

Art. 2 stay and economic activity (1) without prejudice to the provisions of the transitional period in art. 10 of this agreement and Chapter VII of this annex, the nationals of a Contracting Party have the right to stay and to exercise an economic activity on the territory of the other Contracting Party under the terms of the chapter II to IV. This right is recognized by the issuance of a stay or specific title for the border.
Nationals of the contracting parties also have the right to go to another Contracting Party, or to stay there after the end of a job for a period of less than a year to look for a job and stay there for a reasonable period, which may be six months that allows them to take knowledge of the jobs corresponding to their professional qualifications and take If necessary, the measures necessary for the purposes to be engaged. Job seekers have the right, in the territory of the Contracting Party concerned, to receive the same assistance as that State employment offices grant to their own nationals. They can be excluded from social assistance during the duration of the stay.
(2) the nationals of the contracting parties of economic activity in the host State and who do not have a right of residence under other provisions of this agreement have provided that they meet prerequisites in chapter V, a right of residence. This right is recognized by the issuing of a residence permit.

(3) stay or specific title granted to nationals of the contracting parties is issued and renewed free of charge or against payment of a sum not exceeding the duties and taxes charged for the issuance of national identification cards. The contracting parties take the necessary measures to simplify the formalities and procedures for obtaining these documents.
(4) contracting parties may impose on nationals of the other contracting parties to report their presence on the territory.

Art. 3 members of the family (1) the members of the family of a national of a Contracting Party having a right of residence have the right to settle with her. The employee must have housing for his family considered as normal for national workers employed in the region where he is employed without that this provision can lead to discrimination between national workers and workers from the other Contracting Party.
(2) are considered as family members, whatever their nationality: a. his spouse and their descendants of less than 21 years or charge; (b) his ancestors and those of his spouse who are dependants; c. in the case of the student, spouse and their dependent children.

The contracting parties favour the admission of any member of the family who does not benefit from the provisions of this paragraph in a), b) and c), whether it is paid or lives in the countries of origin, under the roof of a national of a Contracting Party.
(3) for the issuance of the residence permit to members of the family of a national of a Contracting Party, the contracting parties may request that the documents listed below: a. the document under cover of which they entered their territory; (b) a document issued by the competent authority of the State of origin or of provenance proving their relationship; c. for dependants , a document issued by the competent authority of the State of origin or provenance certifying that they are dependants of the person concerned to the by. 1 or that they live under his roof in this State.

(4) the validity of the residence permit issued to a member of the family is the same as that of one who has been issued to the person which it depends.
(5) the spouse and children under 21 or dependent of a person with a right of residence, regardless of their nationality, have the right of access to an economic activity.
(6) the children of a national of a Contracting Party which exercises or not, or who has exercised an economic activity on the territory of the other Contracting Party are admitted to courses of general education, apprenticeship and vocational training under the same conditions as nationals of the host State, if these children reside in its territory.
The contracting parties will encourage initiatives to enable these children to the above courses in the best conditions.

Art. 4 right to remain (1) nationals of a Contracting Party and their family members have the right to remain in the territory of another Contracting Party after the end of their economic activity.
(2) according to art. 16 of the agreement, reference is made to Regulation (EEC) 1251/70 (OJ n L 142, 1970, p. 24) and directive 75/34/EEC (OJ n L 14, 1975, p. 10).

Such as in force at the date of the signature of the CA.
Such as in force at the date of the signature of the CA.

Art. 5 public order (1) the rights granted by the provisions of this agreement may be limited by measures justified by reasons of public order, public security and public health.
(2) according to art. 16 of the agreement, reference is made to the directives 64/221/EEC (OJ n 56, 1964, p. 850), 72/194/EEC (OJ n L 121, 1972, p. 32) and 75/35/EEC (OJ n L 14, 1975, p. 10).

Such as in force at the date of the signature of the CA.
Such as in force at the date of the signature of the CA.
Such as in force at the date of the signature of the CA.

II. employees art. 6 regulation of the stay (1) the employee national of a Contracting Party (hereinafter named employee) who takes a job of equal or greater in a year in the service of an employer in the host State receives a residence permit for a period of five years from its issuance. It is automatically extended for a period of at least five years. At the first renewal, its period of validity may be limited, without being able to be less than a year, when its owner is in a situation of involuntary unemployment for more than twelve consecutive months.
(2) the employee who holds a job for a period greater than three months and less than a year in the service of an employer in the host State receives a residence permit for a period equal to that provided for in the contract.
The employee who is employed for a period not exceeding three months didn't need a residence permit.
(((3) for the issue of residence permits, the contracting parties may apply to the worker that the presentation of the documents listed below: a) the document under cover of which he entered the territory; b) a statement of commitment by the employer or a work certificate.

(4) the residence permit is valid for the whole of the territory of the State which issued it.
(5) the interruptions of residence not exceeding six consecutive months and absences motivated by the fulfilment of military obligations does not affect the validity of the residence permit.
(6) the residence permit valid cannot be withdrawn to the worker employee by reason only that it occupies more employment, that the person concerned was struck temporary work resulting from a disease or accident disability either that he is in a situation of involuntary unemployment duly recorded by the competent labour office.
(7) the accomplishment of the formalities relating to obtaining the residence permit may not stand the immediate implementation of the contracts concluded by the applicants.

Art. 7 border workers (1) the border employee is a national of a Contracting Party who has his residence in the territory of a Contracting Party and who is a salaried activity in the territory of the other Contracting Party upon returning to his home in principle every day or at least once a week.
(2) frontier workers don't need a residence permit.
However, the competent authority of the State of employment may provide the cross-border worker, an employee of a specific title for a period of five years at least or for the duration of his employment, whichever is greater than three months and less than a year. It is extended for five years at least insofar as that frontier workers produce evidence that it exercises an economic activity.
(3) the specific title is valid for the whole of the territory of the State which issued it.

Art. 8 professional mobility and geographical (1) employees have the right to professional and geographical mobility throughout the territory of the host State.
(2) mobility includes the change of employer, job, profession and the transition from employed to self-employed. Geographic mobility includes the change of place of work and residence.

Art. 9 equal treatment (1) a national employee of a Contracting Party cannot, in the territory of the other Contracting Party, be, due to his nationality, treated differently for national workers with regard to the conditions of employment and work, including in the area of remuneration, dismissal and reinstatement or re-employment if it fell to unemployment.
(2) the employee and members of his family referred to in art. the same social and tax benefits as national workers and members of their families receive 3 of this annex.
(3) it is also in the same way and in the same conditions as national workers employees of the teaching of vocational schools and rehabilitation or re-education centres.
(4) any clause of a collective or individual agreement or other collective regulations on access to employment, employment, remuneration and other conditions of work and dismissal, is right to the extent where she provides or authorizes discriminatory conditions with respect to non-national salaried workers who are nationals of the contracting parties.
(5) a worker salaried national of a Contracting Party on the territory of the other Contracting Party, enjoys equal treatment in terms of affiliation to trade unions and to exercise of trade union rights, including the right to vote and access to positions of directors or management of a Trade Union; He may be excluded from participation in the management of bodies of public law and the exercise of a function under public law. In addition, he has the right to be elected to representative bodies of employees in the company.

These provisions do not affect to the legislation or regulations giving broader rights to employees from the other Contracting Party in the host State.
(6) without prejudice to the provisions of art. 26 of this annex, a worker salaried national of a Contracting Party on the territory of the other Contracting Party, enjoys all the rights and benefits granted to salaried national workers housing, including access to ownership of the housing he needs.
In the same way as nationals, the worker may enroll in the region where he is employed, on the lists of applicants for housing in places where such lists are required, and it benefits from the resulting benefits and priorities.
His family remained in the State of origin is considered, to this end, as a resident in that region, where national workers benefit from a similar presumption.

Art. 10 employment in public administration the national of a Contracting Party exercising a salaried activity may be denied the right to be employed in the public administration related to the exercise of power intended to safeguard the general interests of the State or of other public authorities and public.

Art. 11 collaboration in the area of investment the contracting parties collaborate within the EURES (EURopean Employment Services) network, particularly in the area of the contact and the compensation offers and demands of jobs, as well as in the exchange of information relating to the situation of the labour market and the conditions of life and work.

III. independent art. 12 regulation of the stay (1) a national of a Contracting Party wishing to settle in the territory of another Contracting Party to carry out a self-employed activity (hereinafter named independent) receives a residence permit for a period of five years from the date of its issuance so far that he produces evidence to the competent national authorities that he is established or wants if establish for this purpose (2) the residence permit is automatically extended for five years at least provided that the independent produces evidence to the competent national authorities that he exercises an economic activity not employed.
(((3) for the issue of residence permits, the contracting parties may apply to the independent as the presentation: a) of the document under cover of which he has entered the territory; b) of evidence referred to the by. 1 and 2.

(4) the residence permit is valid for the whole of the territory of the State which issued it.
(5) the interruptions of residence not exceeding six consecutive months and absences motivated by the fulfilment of military obligations does not affect the validity of the residence permit.
(6) the residence permit valid cannot be withdrawn for those affected to the by. 1 the only is that they have more activity because of temporary incapacity for work resulting from a disease or an accident.

Art. 13 independent border (1) the independent border is a national of a Contracting Party who has his residence in the territory of a Contracting Party and who exercises a self-employment in the territory of the other Contracting Party upon returning to his home in principle every day or at least once a week.
(2) the independent border do need a residence permit.
However, the competent authority of the State concerned may provide cross-border independent of a specific title for a period of five years at least as long as it produces evidence to the competent national authorities that he is or wants to become self-employed. It is extended for five years at least as far as the border to produce evidence that it has an independent activity.
(3) the specific title is valid for the whole of the territory of the State which issued it.

Art. 14 professional and geographical mobility (1) the independent has the right to the professional and geographical mobility throughout the territory of the host State.
(2) mobility includes the change of profession and the transition from self-employment to employment. Geographic mobility includes the change of place of work and residence.

Art. 15 equal treatment (1) the independent received in the host country, regarding access to a self-employed activity and exercise, treatment no less favourable than that granted to its own nationals.
(2) the provisions of art. 9 of this annex are applicable, mutatis mutandis, to the independent referred to in this chapter.

Art. 16 exercise of the independent public power may be denied the right to practice a participating activity, even occasionally, with the exercise of public authority.

IV. provision of services art. 17 service provider is prohibited in the context of the provision of services, according to art. 5 of this agreement: has) any restriction on the cross-border provision of services on the territory of a Contracting Party not exceeding 90 days of actual work per year civile.b) any restrictions on the entry and stay in the cases referred to in art. 5 by. 2 of this agreement with respect to i) nationals of the Member States of the European Community or of the 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) salaried workers, regardless of their nationality, a provider of services integrated in the regular market work of a Contracting Party and which are seconded for the provision of a service in the territory of a other Contracting Party, without prejudice to art. 1 art. 18. the provisions of art. 17 of this Annex apply to companies which are established in accordance with the legislation of a Member State of the European Community or of the Switzerland and having their statutory seat, central administration, or their main establishment in the territory of a Contracting Party.

Art. 19. the service provider entitled or having been authorized to provide a service may, for the performance of its service, exercise, temporarily, his 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.

Art. 20. (1) the persons referred to in art. 17, point b), of this annex who have the right to provide a service do not need residence permit for stays of less or equal to 90 days. The documents covered by art. 1 under cover of which these persons have entered the territory to cover their stay.
(2) the persons referred to in art. 17, point b), of this annex who have the right to provide a service lasting longer than 90 days or have been authorized to provide a service receive, to see this right, a residence permit for a period equal to that of the provision.
(3) the right of residence extends to the entire territory of the Switzerland or the Member State concerned to the European Community.
(4) for the issue of residence permits, the contracting parties may apply to the persons referred to in art. 17, point b), of this annex that: a) the document under cover of which they entered the territory; b) evidence that they perform or wish to make a supply of services.

Art. 21. (1) the total duration of service delivery under art. 17, point (a) of this annex, whether it's uninterrupted service or for successive benefits, must not exceed 90 days of actual work per calendar year.
(2) the provisions of the by. 1 without prejudice or the acquittal of the legal obligations of the service provider under the obligation to guarantee to the recipient for services or in cases of force majeure.

Art. 22 (1) are excepted from the application of the provisions of the art. 17 and 19 of this annex, participant activities, even occasionally, with the exercise of public authority in the Contracting Party concerned.
(2) the provisions of the art. 17 and 19 of this annex, as well as the measures taken under them are without prejudice to the applicability of the legislative, regulatory and administrative provisions providing for the application of conditions of work and employment to workers seconded as part of service delivery. In accordance with art. 16 of this agreement, reference is made to directive 96/71/EC of 16 December 1996 (OJ n L 18, 1997, p. 1) relating to the posting of workers in the context of the provision of services.
(3) the provisions of the art. 17, point a), and 19 of this annex are without prejudice to the applicability of the legislative, regulatory and administrative provisions existing in each Contracting Party to the entry into force of the present agreement about us i) temporary work and temporary work agencies activities; ii) financial services whose exercise requires a prior authorization on the territory of a Contracting Party and which the claimant is subject to prudential supervision by the public authorities of that Contracting Party.


(4) the provisions of the art. 17, point (a) and 19 of this annex are without prejudice to the applicability of the legislative, regulatory and administrative provisions of each Contracting Party, regarding service delivery less than or equal to 90 days of actual work, justified by compelling reasons related to a general interest.

As in force at the date of the signature of the CA.

Art. 23 recipient of services (1) the recipient of services referred to in art. 5, by. 3, of the present agreement doesn't have residence permit for stays of less or equal to three months. For stays longer than three months, the recipient of services receives a residence permit for a period equal to that of the provision. He may be excluded from social assistance for the duration of his stay.
(2) the residence permit is valid for the whole of the territory of the State which issued it.

V. persons not performing an economic activity art. 24 regulation of the stay (1) a person of a national of a Contracting Party exercising no economic activity in the State of residence and who does not benefit from a right of residence under other provisions of this agreement receives a residence permit for a period of five years at least, as long as it proves to the competent national authorities that she has for herself and members of her family ((: a) of sufficient financial means for having to resort to social assistance during their stay, b) a-insurance covering all risks.

Contracting parties may, when they deem it necessary, request the revalidation of the residence permit at the end of the first two years of stay.
(2) are considered to be sufficient financial resources that exceed the amount below which nationals, having regard to their personal situation and, where appropriate, and to that of their family members, are entitled to assistance benefits. When this condition cannot apply, the applicant's financial means are considered as sufficient when they are above the level of the minimum pension of social security paid by the host State.
(3) persons who have been employed for a period less than a year in the territory of a Contracting Party, can stay, provided that they meet the conditions laid down in the by. 1 of the present article. The unemployment benefits to which they are right in accordance with the provisions of the national legislation, if necessary supplemented by the provisions of annex II, be considered as financial resources in the sense of by. 1 (a) and 2 of this article.
(4) a residence permit, for a limited period of training or a year if the duration of the training is more than a year, is issued to the student who does not have a right of residence on the territory of the other Contracting Party on the basis of any other provision of this agreement and which by declaration or choice of the student by any means at least equivalent , provides the national authority concerned to dispose of financial means so that he, his spouse and their dependent children, do call, during their stay, to the social assistance of the host State, and provided that he is enrolled in an approved institution for training, full-time, professional and it has a health insurance covering all risks. This agreement regulates the access to vocational training or assistance for their maintenance to students covered by this article.
(5) the residence permit is automatically extended for five years at least, as long as the admission requirements are always met. For the student, the residence permit is extended annually for a period corresponding to the residual duration of the training.
(6) the interruptions of residence not exceeding six consecutive months and absences motivated by the fulfilment of military obligations does not affect the validity of the residence permit.
(7) the residence permit is valid for the whole of the territory of the State which issued it.
(8) the right of residence remains as long as the beneficiaries of this law meets the conditions laid down in the by. 1. in Switzerland, the coverage of health insurance for people who do not elect's home must also include accident and maternity benefits.

VI. Acquisitions property art. 25. (1) a national of a Contracting Party who has a right to stay and which is his main residence in the host State has the same rights as a national field of the acquisition of buildings. He may at any time establish his main residence in the host State, according to national rules, regardless of the duration of his employment. Departure outside the host State, there is no obligation of alienation.
(2) a national of a Contracting Party who has a right to stay and is not his main residence in the host State has the same rights that a national in the acquisition of buildings that are used to the exercise of an economic activity; These rights involve no obligation of alienation upon his departure of the host State. It can also be allowed to buy a second home or holiday accommodation. For this category of citizens, this agreement does not affect the rules in force concerning the pure investment and trade of undeveloped land and housing.
(3) a border has the same rights that a national in the acquisition of buildings that are used to the exercise of an economic activity and a secondary residence; These rights involve no obligation of alienation upon his departure of the host State. It can also be allowed to buy a vacation home. For this category of citizens, this agreement does not affect the rules in force in the host State concerning the pure investment and trade of undeveloped land and housing.

See, however, the transitional measures for the acquisition of land and homes, at the end of this annex and those of annex 1 of the Prot. May 27, 2008 (RO 2009 2421).

VII. transitional provisions and development of the agreement art. 26. General (1) when are applied the restrictions provided for in art. 10 of this agreement, the provisions contained in this chapter supplement, respectively to replace the other provisions of this annex.
(2) when are applied the restrictions provided for in art. 10 of this agreement, the exercise of an economic activity is subject to the grant of a title of stay and work.

Art. 27 regulation of the stay of salaried workers (1) the residence permit of an employee for the benefit of a contract of employment for a period less than one year is extended up to a total period of less than 12 months, provided that the employee produces proof that he can exercise an economic activity to the competent national authorities. A new residence permit is issued for as far as the employee produces proof that he can exercise an economic activity and that the quantitative limits provided for in art. 10 of this agreement are not met. There is no obligation to leave the country between two contracts of work in accordance with art. 24 of this annex.
(2) the period referred to in art. 10, by. 2, 2A, 2B, 4A, 4B and 4 c, of the present agreement, a Contracting Party may, for the grant of a title of initial stay, require a written contract or a contract proposal.
((3) has) who have previously held temporary jobs in the territory of the State for at least 30 months will automatically have the right to take up employment of not limited. (A possible exhaustion of the number of guaranteed residence permits is not opposable.b to them) who have previously held seasonal employment on the territory of the host with a total duration not less than 50 months during the past 15 years and who do not meet the conditions to qualify for a residence permit according to the provisions of point has) the paragraph to automatically have the right to take up employment of not limited.

They are not subject to the priority of indigenous workers, or control of the respect of the conditions of work and pay in the branch and place.

Art. 28 border workers (1) the border employee is a national of a Contracting Party which has its regular home in the borders of the Switzerland or its neighbouring States and that exercises a salaried activity in the borders of the other Contracting Party by returning to his residence in principle every day or at least once a week. Are considered border areas within the meaning of this agreement the areas defined by agreements between the Switzerland and its neighbouring States on border traffic.
(2) the specific title is valid for the whole of the border area of the State which issued it.

Art. 29 right to the return of the employees


(1) the employee who, on the date of entry into force of this agreement, was holder of a residence permit for a period of at least one year and who has left the host country, are entitled to privileged access within the quota for his residence permit within a period of six years following his departure to produce proof that he can exercise an economic activity.
(2) the cross-border worker is entitled to a new specific title within a period of six years after the end of his previous activity for an uninterrupted period of three years, subject to a control of remuneration and working conditions if he is an employee during the two years following the entry into force of the agreement, and for as much to produce proof that he can exercise an economic activity to the competent national authorities.
(3) the young people who have left the territory of a Contracting Party having stayed there at least five years before the age of 21 years will have the right for a period of four years to go back and pursue an economic activity.

Art. 30 mobility geographical and professional employees. (1) the holder of a residence permit for less than a year employee has, during the 12 months following the beginning of his job, a right to professional and geographical mobility. The transition from employed to self-employed is possible in view of the compliance with the provisions of art. 10 of this agreement.
(2) the specific securities issued to border workers qualify for professional and geographical mobility within all the border areas of the Switzerland or its neighbouring States.

Art. 31 regulation of the stay of the independent national of a Contracting Party wishing to settle in the territory of another Contracting Party to carry out an independent activity (hereinafter named independent) receives a residence permit for a period of six months. He receives a residence permit for a period of five years at least as long as it produces, to the competent national authorities before the end of the period of six months, the evidence that it has an independent activity. This six-month period can if necessary be extended for a maximum of two months if this one has a real chance to present this evidence.

Art. 32 independent border (1) the independent frontier worker is a national of a Contracting Party which has its regular home in the borders of the Switzerland or its neighbouring States and that exercises a self-employment in the borders of the other Contracting Party upon returning to his residence in principle every day or at least once a week. Are considered border areas within the meaning of this agreement the areas defined by agreements between the Switzerland and its neighbouring States on border traffic.
(2) a national of a Contracting Party wishing to operate as a frontier worker and as an independent in the border areas of the Switzerland or its neighbouring States receives a prior specific title for a period of six months. He receives a title specific for a period of five years at least to produce, before the end of the period of 6 months, to the competent national authorities evidence that it has an independent activity. This 6 month period can if necessary be extended for a maximum of two months if this one has a real chance to present this evidence.
(3) the specific title is valid for the whole of the border area of the State which issued it.

Art. 33 right to the return of the independent (1) the independent who was holder of a residence permit for a period of five years at least, who has left the host State, is entitled to a new residence permit within a period of six years following his departure, he has already worked in the country for a duration of three years and that he produces evidence to the competent national authorities that he can exercise an economic activity.
(2) the independent border is entitled to a new specific title within a period of six years after the end of his previous activity for an uninterrupted period of four years, and provided that he produces evidence to the competent national authorities that he can exercise an economic activity.
(3) the young people who have left the territory of a Contracting Party having stayed there at least five years before the age of 21 years will have the right for a period of four years to go back and pursue an economic activity.

Art. 34 mobility geographical and professional independent specific securities issued to the independent border entitle the professional and geographical mobility within the border areas of the Switzerland or its neighbouring States. Residence permits (for border workers: the specific titles) prerequisites for a period of six months only to give a right to geographical mobility.

Transitional measures for the acquisition of land and homes 1. The Czech Republic has. The Czech Republic may maintain in force for five years from his accession to the EU rules in the Act No. 219/1995 Sb. on the control of foreign exchange, as amended, regarding the acquisition of secondary residences by some Swiss nationals who do not reside in the Czech Republic and by companies formed in accordance with Swiss legislation which are not established in the territory of the Czech Republic and with branch or representation.
(b) the Czech Republic may maintain in force for seven years from its EU accession the rules laid down in Act No. 219/1995 Sb. on Exchange control, amended in Act No. 229/1991 Sb. about the system of ownership of land and other agricultural property, and in law No 95/1999 Sb on the conditions for the transfer of ownership of agricultural land and forests from the State to other entities regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with Swiss legislation that are neither established nor registered in the territory of the Czech Republic. Without prejudice to any other provision of this point 1, a Swiss national can in no case be treated, with respect to the acquisition of agricultural land and forests, less favourably than at the date of signature of the Protocol, or be treated in a more restrictive way than a national of a third country.
c. independent farmers who are Swiss and nationals wishing to settle and reside in the Czech Republic are not subject to the provisions of point b or to any procedures other than those to which nationals of the Czech Republic are subject.
d. these transitional measures subject to a general review during the third year following the Czech Republic's accession to the EU. The Joint Committee may decide to shorten or close the transitional period indicated in point a. e. If the Czech Republic submits the acquisition of buildings in the Czech Republic by non-residents to conditions during the transition period, these are based on transparent, objective, stable and public criteria. These criteria are applied in a non-discriminatory manner, and do not distinguish between Czech nationals and Swiss.
f. If there is, on the expiry of the transitional period, sufficient evidence of serious disturbances or a threat of serious disturbances of the agricultural real estate market of the Czech Republic, the Joint Committee at the request of the Czech Republic, may decide to extend the transition period of up to three years.

2. Estonia has. The Estonia may maintain in force for seven years from its EU accession its legislation in force at the date of signature of the present Protocol regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with Swiss legislation that are neither established nor registered in the territory of the Republic of Estonia and with no branch or representation. A Swiss national can in no case be treated, with respect to the acquisition of agricultural land and forests, less favourably than at the date of signature of the present Protocol, or be treated in a more restrictive way than a national of a third country. According to this legislation, the Estonia has adopted the Act on restrictions to the acquisition of buildings and the law amending the law on agrarian reform, both in force since 12 February 2003.
b. the Swiss nationals wishing to establish themselves as self-employed farmers and reside in Estonia and who have legally resided and carried out an agricultural activity for at least three years continuously are not subject to the provisions of point a or to any procedures other than those to which nationals of the Republic of Estonia are subject.

c. these transitional measures subject to a general review during the third year following accession of the Republic of Estonia to the EU. To this end, the Commission of the European Communities (hereinafter referred to as 'the Commission') shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or close the period of transition provided for in point a. d. If there is, on the expiry of the transitional period, sufficient evidence of serious disturbances or a threat of serious disturbances of the Estonian agricultural real estate market, the Joint Committee, at the request of the Republic of Estonia, may decide to extend the transitional period of up to three years.

3 Cyprus Cyprus may maintain in force for five years from his accession to the EU legislation in force on 31 December 2000 regarding the acquisition of secondary residences.
Under the Cap 109 law on the acquisition of buildings (by foreigners) and amending laws 52/69, 55/72 and 50/90, the acquisition of real estate in Cyprus by the non-chypriotes is subject to the approval of the Council of Ministers. The Council of Ministers has authorized the district officers to grant this approval on their behalf. When the building concerned exceeds 2 donums (1 donum = 1338 m), this approval may be granted only for the following purposes: a. primary or secondary residence more than not an area of 3 donums; b. local professional or commercial; c. business in sectors considered as beneficial to the Cypriot economy.

The Act was amended by Act No. 54 (I) / 2003 2003 on acquisitions of buildings (by foreigners) (modification). The new law imposes no restrictions to nationals and companies of the EU for the acquisition of a building associated with a principal residence and foreign direct investment, nor for the acquisition of buildings by agents and developers in the EU. Regarding the acquisition of secondary residences, the Act for a period of five years after the accession of Cyprus to the EU, EU nationals who do not reside permanently in Cyprus and EU companies who do not have their statutory seat, central administration, or their main establishment in Cyprus can acquire buildings for use as a secondary residence without prior approval of the Council of Ministers who has delegated his authority to the officers of district, as shown above.

4. Latvia has. The Latvia may maintain in force for seven years from its EU accession the rules laid down in its legislation amending the law on the privatization of farmland (in force since April 14, 2003) regarding the acquisition of agricultural land and forests by Swiss nationals and companies incorporated under Swiss law that are neither established nor registered in the territory of the Republic of Latvia and who have neither branch or representation. A Swiss national can in no case be treated, with respect to the acquisition of agricultural land and forests, less favourably than at the date of signature of the present Protocol, or be treated in a more restrictive way than a national of a third country.
b. these transitional measures are of a general review before the end of the third year following accession of the Republic of Latvia to the EU. For this purpose, the Commission submits a report to the Joint Committee. The Joint Committee may decide to shorten or close the transitional period provided for in point a. c. If there is, on the expiry of the transitional period, sufficient evidence of serious disturbances or a threat of serious disturbances of the Latvian agricultural real estate market, the Joint Committee, at the request of the Latvia, may decide to extend the transitional period of three years maximum.

5. Lithuania has. The Lithuania may maintain in force for seven years from its EU accession its legislation in force at the date of signature of the present Protocol regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with Swiss legislation that are neither established nor registered in the territory of the Republic of Lithuania and with no branch or representation. A Swiss national can in no case be treated, with respect to the acquisition of agricultural land and forests, less favourably than at the date of signature of the present Protocol, or be treated in a more restrictive way than a national of a third country. By virtue of this legislation, the nationals and legal persons Swiss, as well as the Swiss organisations without personality with civil capacity provided for by Swiss law, but legal can acquire farmland or forests by the end of the transitional period of seven years defined by the Treaty of accession of the Republic of Lithuania to the European Union.
b. the Swiss nationals wishing to establish themselves as self-employed farmers and reside in Lithuania and who have legally resided and carried out an agricultural activity for at least three years continuously are not subject to the provisions of point a or to any procedures other than those to which nationals of the Republic of Lithuania are subject.
c. these transitional measures subject to a general review during the third year following accession of the Republic of Lithuania to the EU. For this purpose, the Commission submits a report to the Joint Committee. The Joint Committee may decide to shorten or close the transitional period provided for in point a. d. If there is, on the expiry of the transitional period, sufficient evidence of serious disturbances or a threat of serious disturbances of the Lithuanian agricultural real estate market, the Joint Committee, at the request of the Republic of Lithuania, may decide to extend the transitional period of up to three years.

6 Hungary has. The Hungary may maintain in force for five years from his accession to the EU its Act LV of 1994 on farmland on the acquisition of secondary residences.
b. the Swiss nationals who have resided legally in Hungary for at least four years continuously are not subject to the provisions of point a or to any rules and procedures other than those to which nationals of the Republic of Hungary are subject. During the transitional period, the Hungary applied for the acquisition of secondary residences of authorisation procedures based on transparent, objective, stable and public criteria. These criteria are applied in a non-discriminatory manner, and do not distinguish between Hungarian nationals and citizens of Switzerland residing in Hungary.
c. the Hungary may maintain in force for seven years from his accession to the EU bans its Act LV of 1994 on agricultural land, amended, regarding the acquisition of agricultural land by natural persons who are neither residents nor Hungarian nationals and legal persons.
d. the Swiss nationals who want to establish themselves as self-employed farmers in Hungary and who have legally resided and carried out an agricultural activity for at least three years continuously are not subject to the provisions of point c or to any rules and procedures other than those to which nationals of the Republic of Hungary are subject.
e. these transitional measures subject to a general review during the third year following accession of the Republic of Hungary to the EU. For this purpose, the Commission submits a report to the Joint Committee. The Joint Committee may decide to shorten or close the transitional period provided for in point c. f. If the Hungary apply authorisation procedures for the acquisition of secondary residences during the transitional period, these procedures are based on transparent, objective, stable and public criteria. These criteria are applied in a non-discriminatory manner.
g. If there is, on the expiry of the transitional period, sufficient evidence of serious disturbances or a threat of serious disturbances of the Hungarian agricultural real estate market, the Joint Committee at the request of the Republic of Hungary, may decide to extend the transitional period of up to three years.

7 Malta acquisitions of real estate in the Maltese Islands are governed by the law on the real estate property (acquisition by non-residents) (Cap. 246 of the Maltese legislation). This law stipulates the following: a. 1. A Swiss national may acquire a building in Malta to use himself as a residence (not necessarily) provided that it does not already have another residence in Malta. Such acquisitions are not subject to the condition that the person has the right to stay in Malta, but they are subject to a permission that (subject to some exceptions provided by law) may not be refused if the value of the property is greater than a given amount indexed annually (currently, 30,000 Lm Lm 50,000 for a House and apartment).

2. the Swiss nationals may also establish a main residence in Malta at any time according to the applicable national rules. The departure of Malta, there is no obligation of alienation of property acquired as a principal residence.
b. Swiss nationals who acquire buildings in areas specially designated by law (usually, areas as part of urban regeneration projects) should not get authorization for these acquisitions, which are not subject to any limitation with regard to their number, their use or their value.

8 Poland has. The Poland may maintain in force for five years from his accession to the EU its legislation in force at the date of signature of this Protocol for the acquisition of secondary residences. According to this legislation, a Swiss national must meet the requirements in the Act of 24 March 1920 on the acquisition of real estate by foreigners (http://BI.Gazeta.pl. 1996, Nr 54, poz. 245 and changes), modified.
b. the Swiss nationals who have resided legally in Poland for four years continuously are not subject, regarding the acquisition of secondary residences, to the provisions of point or to any procedures other than those to which nationals of the Republic of Poland are subject.
c. the Poland may maintain in force for twelve years from his accession to the EU legislation regarding the acquisition of agricultural land and forests. A Swiss national or a legal person incorporated under Swiss law cannot be treated, with respect to the acquisition of agricultural land and forests, less favourably than at the date of signature of this Protocol. According to this legislation, a Swiss national must meet the requirements in the Act of 24 March 1920 on the acquisition of real estate by foreigners ((Dz.U. 1996, Nr. 54, poz. 245 et modifications), amended. d.) The Swiss nationals who want to establish themselves as self-employed farmers in Poland and who have legally resided and leased land as natural or legal persons for at least three years continuously are not subject to the provisions of point c or procedures other than those to which nationals of the Republic of Poland regarding the acquisition of agricultural land and forests from the accession to the EU are subjected. In the regions of Warminsko-Mazurskie, Pomorskie Chodniopomorskie-Pomorskie, Zachodniopomorskie, Lubuskie, Dolnooelasskie, Opolskie and Wielkopolskie, the period of residence and location specified in the previous sentence is increased to seven years. The rental period prior to acquisition of land is calculated individually for each national Switzerland who rented land in Poland from the certified date of the original lease. Self-employed farmers who rented land not as individuals but as legal entities may transfer the rights of legal persons under the lease to themselves as individuals. To calculate the rental period before the right of acquisition, as legal persons rental period is counted. Leases by physical persons can be provided with a certified retroactively date and certified contracts full rental period is counted. The right of independent farmers to transform their current rental agreement contract as individuals or in a written contract with a certified date is subject to no time limit. The procedure of transformation of the leases is transparent and is in no way a new obstacle.
e. these transitional measures subject to a general review during the third year following accession of the Republic of Poland to the EU. For this purpose, the Commission submits a report to the Joint Committee. The Joint Committee may decide to shorten or close the transitional period provided for in point a. f. During the transitional period, the Poland applies an authorisation procedure provided for by the law that ensures that the granting of authorization for the acquisition of buildings in Poland is based on transparent, objective, stable and public criteria. These criteria are applied in a non-discriminatory manner.

9 Slovenia has. If, until the end of a maximum period of seven years after the Slovenia's accession to the EU, difficulties arise which are serious and threatening to persist on the real estate market or which could result in a serious deterioration in the real estate market of a given region, the Slovenia may request authorisation to take protective measures to rectify the situation on this market.
b. at the request of the Slovenia, the Joint Committee determines emergency protection measures that he considers necessary, specifying the conditions and modalities of their implementation.
c. in the event of serious difficulties in the property market and at the express request of Slovenia, the Joint Committee is within five working days of receipt of the application together with the necessary information. The measures thus decided upon are immediately applicable and take into account the interests of all parties concerned.
d. the measures allowed under point b may derogate from the rules of this agreement to the extent and for the duration strictly necessary to achieve the objectives referred to in point a.

10. Slovakia has. The Slovakia may maintain in force for seven years from its EU accession its legislation regarding the acquisition of agricultural land and forests by non-residents. According to this legislation, a non-resident may acquire property rights on properties located in the Slovak Republic with the exception of agricultural land and forests. The non-resident can acquire property rights over buildings whose acquisition is limited by the special regulations provided for in the amended Act No. 202/1995 on the exchange control.
b. a Swiss national can in no case be treated, with respect to the acquisition of agricultural land and forests, less favourably than at the date of signature of the present Protocol, or be treated in a more restrictive way than a national of a third country.
c. the Swiss nationals who want to establish themselves as self-employed farmers in Slovakia and who have legally resided and carried out an agricultural activity for at least three years continuously are not subject to the provisions of point b or to any rules and procedures other than those to which nationals of the Slovak Republic are subject.
d. these transitional measures are of a general review before the end of the third year following accession. For this purpose, the Commission submits a report to the Joint Committee. The Joint Committee may decide to shorten or close the transitional period provided for in point a. e. If the Slovak Republic submits the acquisition of buildings in Slovakia by non-residents to authorize during the transitional period, this procedure is based on transparent, objective, stable and public criteria. These criteria are applied in a non-discriminatory manner, and do not distinguish between Slovak nationals and Swiss.
f. If there is, on the expiry of the transitional period, sufficient evidence of serious disturbances or a threat of serious disturbances of the Slovak agricultural real estate market, the Joint Committee at the request of the Slovak Republic, may decide to extend the transitional period of up to three years.

Update according to the art. let 2. c and 5 of the Prot. from 26 oct. 2004 (extension of the Ac on the free movement of people in the new Member States of the EC), approved by the SSA. fed. Dec. 17. 2004 (RO 2006 995 979; FF 2004 5523 6187) and art. 2 No 3 of the Prot. 27 May 2008 (Participation of the Bulgaria and Romania following their accession to the EU), approved by the SSA. fed. June 13, 2008, in force since June 1, 2009 (RO 2009 2421 2411, 2012 4479; FF 2008 1927).

Annex II Coordination of social security systems art. 1-1. The contracting parties agree to apply, in the field of coordination of social security systems, the legal acts of the European Union to which he referred in section A of this annex, such as modified by the Commission, or the equivalent to these rules.
2. the term '(s) Member State (s)' contained in the legal acts referred to in section A of this annex shall apply, in addition to the States covered by relevant legal acts of the European Union, to the Switzerland.

Art. 2-1. For the purposes of the application of this annex, contracting parties take into account the legal acts of the European Union referred to in section B of this annex.
2. for the purposes of the application of this annex, the contracting parties take note of legal acts of the European Union referred to in section C of the present annex.

Art. 3


1 special provisions for the transitional unemployment insurance scheme applies to nationals of some Member States of the European Union with Swiss residence of less than one year, Swiss for disabled and benefits retirement allowances mygeneration, survivors, and disability are set out in the protocol attached to this annex.
2. the Protocol is an integral part of this annex.

1 Reference section A legal acts which it is made. Regulation (EC) n 883/2004 of the European Parliament and of the Council of the 29 April 2004 on the coordination of social security systems, modified by:-Regulation (EC) n 988/2009 of the European Parliament and of the Council of 16 September 2009 amending regulations (EC) No. 883/2004 on the coordination of social security systems, and determining the content of its annexes , - Regulation (EU) n 1244/2010 Commission on December 9, 2010 amending regulations (EC) No. 883/2004 of the European Parliament and of the Council on the coordination of social security systems and the Regulation (EC) n 987/2009 of the European Parliament and of the Council setting out the terms of the Regulation (EC) No. 883/2004,-amending Regulation (EU) No. 465/2012 of the European Parliament and of the Council of 22 may 2012 (EC) 883 n. 2004 relating to the coordination of social security systems and the Regulation (EC) n 987/2009 setting out the terms of the Regulation (EC) No. 883/2004,-Regulation (EU) No. 1224/2012 December 18, 2012 Commission amending (EC) No. 883/2004 of the European Parliament and of the Council on the coordination of social security systems and the Regulation (EC) n 987/2009 of the European Parliament and of the Council laying down rules for the application of the Regulation (EC) No. 883/2004.

(a) A annex I, section I, the following is added: 'Switzerland laws cantonal advances on alimony based on the art. 131, al. 2, and 293, al. "2, the Swiss civil code.";
(b) to annex I, section II, the following text is added: "Switzerland birth allowances and allowances for adoption in accordance with the relevant cantonal legislation, based on the art." 3, al. 2, of the Federal law on family allowances.';
(c) in annex II, the following text is added: «(Allemagne-Suisse a) (with regard to the convention on social security of 25 February 1964, amended by complementary conventions n 1 of 9 September 1975 and 2 of 2 March 1989: i) point 9B, by.» 1, points 1 to 4 of the final Protocol (law applicable to the residents of the German enclave of Büsingen and right to sickness in-kind benefits); ii) the 9th point, by. 1, let. b, 1, sentences 2 and 4 of the final Protocol (access to the voluntary insurance in Germany following a transfer of residence).

(b) with regard to the convention of unemployment of 20 October 1982, amended by the additional protocol of 22 December 1992: i) in application of art. 8, by. 5, the (common of Büsingen) Germany participates in the amount of the cantonal contribution under Swiss law, to the cost of the actual places of measures relating to the labour market occupied by workers subject to this provision.

Spain-Switzerland point 17 of the final Protocol of the convention on social security of 13 October 1969, amended by the complementary convention of 11 June 1982; people affiliated with the Spanish insurance under this provision are exempted from affiliation with the Swiss health insurance.
Italy-Switzerland art. 9, by. 1, of the convention on social security of 14 December 1962, amended by complementary convention no 1 of 18 December 1963, the complementary agreement of 4 July 1969, the additional protocol of 25 February 1974 and complementary agreement n 2 of April 2, 1980.";
(d) to annex IV, the following is added: 'Switzerland ';
(e) A annex VIII, part 1, the following text is added: "Switzerland all requests of pension for old age, survivors and disability in respect of the basic plan (Federal law on old-age insurance and survivors and disability insurance Act) as well as retirement pensions in respect of the mandatory occupational pension plan (Federal law on retirement professional old age). (, survivants et invalidité). ';
(f) to annex VIII, part 2, the following text is added: "Switzerland retirement pensions, survivors and disability in respect of the mandatory occupational pension plan (Federal law on occupational old-age, survivors and disability)."
(g) annex IX, part II, the following text is added: "Switzerland pensions survivors and disability in respect of the mandatory occupational pension plan (Federal law on occupational old age, survivors and disability)."
(h) A annex X, the following text is added: "Switzerland 1. Supplementary benefits (Federal Act on supplementary benefits from October 6, 2006) and similar benefits provided by cantonal laws.
2. annuities for difficult cases in respect of disability insurance (art. 28, para. 1), of the Federal law on disability insurance of 19 June 1959, in its revised version on October 7, 1994).
3 benefits non-contributory mixed type in case of unemployment, under cantonal law.
"4. the extraordinary pension non-contributory for disabled persons (art. 39 of the Federal Act of 19 June 1959 disability insurance) which have not been submitted, before their inability to work, to the Swiss legislation on the basis of an employed or self-employed activity."
(i) A annex XI, the following text is added: "Switzerland 1. Art. 2 of the Federal law on old-age insurance and survivors as well as art. 1 of the Federal Disability Insurance Act, which govern voluntary insurance in these branches of insurance for the Swiss nationals residing in a State to which this agreement does not apply, are applicable to persons residing outside Switzerland who are nationals of the other States to which this agreement applies as well as to refugees and stateless persons residing on the territory of these States When these people declare their accession to the optional insurance at no later than one year from the day when they ceased to be covered by old-age insurance, survivors and Swiss disability after a period of uninterrupted insurance of at least five years.
2. where a person ceases to be covered by old-age insurance, survivors and Swiss disability after a period of uninterrupted insurance of at least five years, she has the right to continue the insurance with the employer's agreement, if she works in a State to which this agreement does not apply on behalf of an employer in Switzerland and at the request within a period of 6 months after the day where it ceases to be insured.
3. compulsory insurance in insurance Swiss health and possibilities of exemptions: a) the legal Swiss governing the compulsory health insurance applies to the following persons who are not resident in Switzerland: i) persons subject to legal Swiss under Title II of the regulation; ii) the persons for which the Switzerland will assume the cost of benefits under arts. 24, 25 and 26 of the regulation; iii) people for the benefit of unemployment insurance benefits Switzerland; iv) members of the family of persons referred to in points i) and iii) or of a worker an employee or non-employee residing in Switzerland who is insured in respect of the Swiss health insurance, except if these family members reside in one of the following States ((: the Denmark, the Spain, the Hungary, the Portugal, the Sweden or the United Kingdom; v) members of the family of persons referred to in point ii) or a pensioner residing in Switzerland who is insured in respect of the Swiss health insurance, except if these family members reside in one of the following States: the Denmark, the Portugal, the Sweden or the United Kingdom.

"Family members", means the people who are members of the family within the meaning of the legislation of the State of residence.
(b) the persons referred to in point (a) may, at their request, be exempted from compulsory insurance as long as they prove that they receive coverage in case of illness and they reside in one of the following States: the Germany, the Austria, the France and the Italy and, with regard to the persons referred to in point) iv) and v), the Finland and, with regard to the persons referred to in point)) ii. (, the Portugal.Cette asked: aa) must be filed within three months following the occurrence of the obligation to ensure in Switzerland; When, in justified cases, the request is filed after that period, the exemption comes into force from the start of compulsory insurance liability; bb) applies to all the members of the family residing in the same State.


4. when a person subject to the Swiss law under Title II of the regulation is subject to insurance, in accordance with point 3, let. (b), to the legal provisions of another State within the scope of application of the present agreement, the costs of benefits in kind in case of non-professional accident are divided in half between the Swiss insurance covering professional and non-professional accidents and occupational diseases, and the health insurance authority competent in the other State, where there is a right to benefits on the part of both organizations. The competent Swiss insurer for professional and non-professional accidents and occupational diseases pays the full costs in case of occupational accident, occupational disease or accident on the way to work, even if there is a right to benefits on the part of a body of health insurance in the country of residence.
5. people who work in Switzerland, residing not but who are covered by compulsory insurance in their State of residence under point 3, let. (b), as well as members of their families, benefit from the provisions of art. 19 of the regulation during their stay in Switzerland.
6. for the purposes of the application of art. 18, 19, 20 and 27 of the regulation in Switzerland, the competent insurer supports the full costs charged.
7. the periods of insurance of daily allowances in the insurance of another State to which this agreement applies are taken into account to reduce or raise a possible reserve in insurance of per diem maternity or illness when the person checks with a Swiss insurer within three months after his release from foreign insurance.
8. when a person who was a salaried or self-employed gainful activity covering his vital needs in Switzerland had to cease his activity as a result of an accident or illness, and that she is no longer subject to Swiss legislation on invalidity insurance, it is considered covered by this insurance for the granting of rehabilitation measures up to the payment of a disability pension as well as the period during which it benefits from these measures provided that it has not taken up a new activity outside Switzerland.".
2 Regulation (EC) n 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the modalities of application of the Regulation (EC) No. 883/2004 on the coordination of social security systems: modified by:-amending Regulation (EU) n 1244/2010 Commission on December 9, 2010 (EC) No. 883/2004 of the European Parliament and of the Council on the coordination of social security systems and the Regulation (EC) n 987/2009 of the European Parliament and the Council setting out the terms of the Regulation (EC) No. 883/2004,-amending Regulation (EU) No. 465/2012 of the European Parliament and of the Council of 22 may 2012 (EC) No. 883/2004 on the coordination of social security systems and the Regulation (EC) n 987/2009 setting the terms of application of Regulation (EC) No. 883/2004 , - Regulation (EU) No. 1224/2012 December 18, 2012 Commission amending regulations (EC) No. 883/2004 of the European Parliament and of the Council on the coordination of social security systems and the Regulation (EC) n 987/2009 of the European Parliament and of the Council setting out the terms of the Regulation (EC) n 883/2004.Aux purposes of this agreement , Regulation (EC) n 987/2009 is adapted as follows: A Appendix 1, the following text is added: "French-Swiss agreement of 26 October 2004 laying down the specific terms of settlement of the claims of health care."
3 Regulation (EEC) n 1408/71 of the Council, of 14 June 1971, on the application of the social security schemes to workers, self-employed workers and members of their families moving within the community, amended lastly by Regulation (EC) n 592/2008 of the European Parliament and of the Council of 17 June 2008 as applicable between the Switzerland and the Member States before the entry into force of this decision, insofar as the Regulation (EC) No. 883/2004 or (EC) 987/2009 n is referred or when cases that have occurred in the past are concernees.4. Regulation (EEC) No. 574/72 of the Council, of 21 March 1972, setting the terms of application of Regulation (EEC) n 1408/71 on the application of social security schemes to workers employees, self-employed workers and members of their families moving within the community, amended lastly by Regulation (EC) n 120/2009 February 9, 2009 as applicable between the Switzerland and the Member States before the entry into force of this decision, insofar as the Regulation (EC) No. 883/2004 or (EC) 987/2009 n is referred or when cases that have occurred in the past are concernees.5. Directive 98/49/EC of the Council of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed workers who move within the community.

Section B legal acts that contracting parties take into account


1 A1 decision of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the establishment of a process of dialogue and conciliation on the validity of the documents, to the determination of the applicable law and the provision of benefits under the Regulation (EC) No. 883/2004 of the European Parliament and the applications.2. Decision A2 of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the interpretation of art. 12 of the Regulation (EC) No. 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily operating out of State competent.3. Decision A3 of the administrative commission for the coordination of the social security systems of 17 December 2009 on the aggregation of uninterrupted posting periods completed in accordance with Regulation (EEC) No 1408/71 of the Council and Regulation (EC) No. 883/2004 of the European Parliament and of the Conseil.4. Decision E1 of the administrative commission for the coordination of the social security systems of 12 June 2009 establishing the practical modalities for the transitional period for the purpose of exchanging data by electronic means referred to in art. 4 of Regulation (EC) n 987/2009 of the European Parliament and of the Conseil.5. Decision F1 of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the interpretation of art. 68 of Regulation (EC) No. 883/2004 of the European Parliament and of the Council on the rules of priority in the case of overlapping of benefits familiales.6. Decision H1 of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the European transition from the regulations of the Council (EEC) 1408/71 n and (EEC) n 574/72 to the regulations of the Parliament and of the Council (EC) No. 883/2004 and (EC) n 987/2009 and the application of the decisions and recommendations of the administrative commission for the coordination of sociale.7 security systems. Decision H2 of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the mode of operation and the composition of the technical commission for the treatment of the information about the administrative commission for the coordination of sociale.8 security systems. Decision H3 of the administrative commission for the coordination of the systems of social security from October 15, 2009 the date to be taken into account to determine the rates of Exchange referred to in art. 90 of Regulation (EC) n 987/2009 of the European Parliament and of the Council.9. Decision H4 of the administrative commission for the coordination of the social security systems of 22 December 2009 concerning the composition and modalities of operation of the Board of Auditors about the administrative commission for the coordination of sociale.10 security systems. Decision H5 of the administrative commission for the coordination of the social security systems of 18 March 2010 concerning cooperation in the field of combating fraud and errors in the context of regulations (EC) No. 883/2004 of the Council and (EC) n 987/2009 of the European Parliament and of the Council on the coordination of the sociale.11 security systems. Decision P1 of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the interpretation of art. 50, per. 4, art. 58 and art. 87, by. 5, Regulation (EC) No. 883/2004 of the European Parliament and of the Council for the liquidation of the disability, old age and survivant.12. Decision S1 of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the European health insurance card - 13 disease. Decision S2 of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the specifications of the European health insurance card - disease. 14. Decision S3 of the administrative commission for the coordination of the social security systems of June 12, 2009, defining the benefits covered by art. 19, by. 1, and art. 27, by. 1, of Regulation (EC) No. 883/2004 of the European Parliament and of the Council as well as by art. 25, section A by. 3, of Regulation (EC) n 987/2009 of the European Parliament and of the Conseil.15. Decision S4 of the administrative commission for the coordination of the social security systems of 2 October 2009 on repayment terms for the purposes of the application of art. 35 and 41 of Regulation (EC) No. 883/2004 of the European Parliament and of the Conseil.16. Decision S5 of the administrative commission for the coordination of the social security systems of 2 October 2009 concerning the interpretation of the concept of 'benefits in kind' defined in art. 1, point v a), of Regulation (EC) No. 883/2004 of the European Parliament and the Council in case of sickness or maternity and referred to in art. 17, 19, 20 and 22, art. 24, by. 1, to the art. 25 and 26, at art. 27, by. 1, 3, 4 and 5, to the art. 28 and 34 and art. 36, by. 1 and 2, of Regulation (EC) n 883/2004, and regarding the determination of the amounts to be repaid pursuant to arts. 62, 63 and 64 of the Regulation (EC) n 987/2009 of the European Parliament and of the Conseil.17. Decision No S6 of the administrative commission for the coordination of the social security systems of 22 December 2009 concerning the registration in the Member State of residence provided for in art. 24 of Regulation (EC) n 987/2009 and the establishment of the inventories provided for in art. 64, per. 4, said reglement.18. Decision n S7 of the administrative commission for the coordination of the social security systems of 22 December 2009 concerning the transition from Regulation (EEC) 1408/71 n and (EEC) n 574/72 to regulations (EC) No. 883/2004 and (EC) n 987/2009 and the application of the procedures of remboursement.19. Decision U1 of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the art. 54, by. 3, of Regulation (EC) no 987/2009 of the European Parliament and the Council relative to the increases of the unemployment benefit for charge of famille.20. Decision U2 of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the scope of art. 65, by. 2, of Regulation (EC) No 883/2004 of the European Parliament and of the Council, relating to the right to unemployment benefits of full unemployed persons other than frontier workers residing in the territory of one Member State other than the competent State in their last period of employment or activity not salariee.21. Decision U3 of the administrative commission for the coordination of the systems of social security of 12 June 2009 concerning the scope of the notion of "partial unemployment" applicable to the unemployed referred to in art. 65, by. 1, of Regulation (EC) No. 883/2004 of the European Parliament and of the Conseil.22. Decision No E2 of the administrative commission for the coordination of the social security systems of March 3, 2010, concerning the establishment of a management procedure of changing information on the bodies defined in article 1 of the regulations (EC) No. 883/2004 of the European Parliament and the Council in the electronic directory as part of the EESSI.23. Decision n E3 of the administrative commission for the coordination of the social security systems of 19 October 2011 on the transitional period defined in art. 95 of Regulation (EC) n 987/2009 of the European Parliament and of the Conseil.24. Decision n H6 of the administrative commission for the coordination of the systems of social security on December 16, 2010 on the application of certain principles concerning the aggregation of periods under art. 6 of Regulation (EC) No. 883/2004 on the coordination of the sociale.25 security systems. Decision n S8 of the administrative commission for the coordination of the social security systems of June 15, 2011, concerning the granting of prostheses, major appliances or other benefits in kind of great significance referred to in art. 33 of Regulation (EC) No. 883/2004 on the coordination of the sociale.26 security systems. Decision n U4 to the administrative commission for the coordination of the social security systems of 13 December 2011 on the procedures for reimbursement in respect of art. 65, by. 6 and 7 of Regulation (EC) 883/2004 and the art n. 70 of Regulation (EC) n 987/2009.

Section C legal acts of which the contracting parties take note 1. Recommendation U1 of the administrative commission for the coordination of the systems of social security of 12 June 2009 concerning the legislation applicable to unemployed people employed on time reduced in one Member State other than the State of residence.2. Recommendation U2 of the administrative commission for the coordination of the social security systems of 12 June 2009 concerning the application of art. 64, per. 1, point (a) of Regulation (EC) No. 883/2004 of the European Parliament and the Council for unemployed accompanying their spouse or partner exercising a professional activity in one Member State other than the State competent.3.   Recommendation concerning the financial aspects of cross-border donations of organs from living donors S1 of the administrative commission for the coordination of the systems of social security from March 15, 2012.


Annex II to the agreement protocol I. unemployment insurance the following provisions apply to workers who are nationals of the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic until April 30, 2011 and to workers who are nationals of the Republic of Bulgaria and Romania until 31 May 2016.

1. with regard to unemployment insurance of salaried workers for the benefit of a residence permit for a period less than one year, the following arrangements shall apply: 1.1 only those workers who have paid contributions in Switzerland during the minimum period required by the Federal law on compulsory unemployment insurance and compensation in the event of insolvency (LACI) and meet, in addition, other conditions of the right to unemployment compensation are entitled to the benefits of insurance under the conditions laid by loi.1.2 a portion of the proceeds from contributions for workers who have contributed for too short a period to qualify for unemployment in Switzerland in accordance with point 1.1 is returned to their States of origin, as provided in point 1.3, as a contribution to the costs of the benefits paid to those workers in the event of full unemployment; These workers therefore not entitled to the benefits of insurance in case of full unemployment in Switzerland. However, they entitled to allowances in inclement weather and insolvency of the employer. Full unemployment benefits are paid by the State of origin provided that workers are put at the disposal of the employment services. The periods of insurance completed in Switzerland are taken into account as if they had been completed in the State of origine.1.3 the part of the contributions for workers referred to in point 1.2 is paid annually in accordance with the following provisions: has) the product of the contributions of these workers is calculated, by country, on the basis of the annual number of busy workers and average annual contributions for each worker (employer and worker contributions) .b) amount Thus calculated, a part corresponding to the percentage of unemployment benefits compared to all other kinds of allowances referred to in point 1.2 will be repaid to the States of origin of workers and a portion will be retained by Switzerland as a reserve for the benefits ulterieures.c) the Switzerland transmits annually reverted contributions count. It will indicate to States of origin, if they make the request, the bases of calculation and the amount of retrocessions. States of origin shall communicate annually to the Switzerland the number of unemployment benefit recipients referred to in point 1.2.

2. in the case of difficulty for a Member State, as a result of the end of the system of retrocessions, or the Switzerland, due to the system of tabulation, the Joint Committee may be seized by one of the contracting parties.

II. benefits for disabled allowances for disabled planned by the Federal Act of 19 June 1959 on disability (LAI) and by the Act of 20 December 1946 on old-age insurance and survivors (LAVS), in their revised versions of 8 October 1999, will be paid only if the person concerned is resident in Switzerland.

III. occupational old-age, survivors and disability notwithstanding art. 10, by. 2, of Regulation (EEC) n 1408/71 of the Council, benefits provided by the Swiss Federal law on free passage within the occupational old-age, survivors and disability of 17 December 1993 will be paid, on request to a worker an employee or non-employee who intends to leave the Switzerland definitively and that will be no longer subject to Swiss legislation according to the provisions of title II of the regulation , on condition that that person leaves the Switzerland within 5 years of the entry into force of this agreement.

New content according to section 1 of D n 1/2012 of the Joint Committee of 31 March 2012 (RO 2012 2345). Update according to art. 1 d No. 1/2014 Joint Committee from 28 nov. in force since Jan. 1, 2014. 2015 (2015 333 RO).
OJ L 166 of 30.4.2004, p. 1; RS 0.831.109.268.1.
JO L 284 of 30.10.2009, p. 43.
OJ L 338 of the 22.12.2010, p. 35.
OJ L 149 of the 8.6.2012, p. 4.
JO L 349 of 19.12.2012, p. 45.
RS 0.831.109.136.1 RS 0.831.109.136.121 RS 0.831.109.136.122 RS 0.837.913.6 RS 0.837.913.61 RS 0.831.109.332.2 RO 1983 1369 RS RS RS RS RS 0.831.109.454.24 JO L 284 0.831.109.454.211 0.831.109.454.21 0.831.109.454.22 0.831.109.454.2 from 30.10.2009, p. 1; RS 0.831.109.268.11.
OJ L 338 of the 22.12.2010, p. 35.
OJ L 149 of the 8.6.2012, p. 4.
JO L 349 of 19.12.2012, p. 45.
Not published to the RO.
RO 2004 121, 2008-4219-4273, 2009 4831.
OJ L 177 of 4.7.2008, p. 1.
RO 2005 3909, 2008 4273, 2009 621 4845 OJ L 39 of 10.2.2009, p. 29.
OJ L 209 of 25.7.1998, p. 46.
OJ C 106 of the 24.4.2010, p. 1.
OJ C 106 of the 24.4.2010, p. 5.
OJ C 149 of the 8.6.2010, p. 3.
OJ C 106 of the 24.4.2010, p. 9.
OJ C 106 of the 24.4.2010, p. 11.
OJ C 106 of the 24.4.2010, p. 13.
OJ C 106 of the 24.4.2010, p. 17.
OJ C 106 of the 24.4.2010, p. 56.
OJ C 107 of the 27.4.2010, p. 3.
OJ C 149 of the 8.6.2010, p. 5.
OJ C 106 of the 24.4.2010, p. 21.
OJ C 106 of the 24.4.2010, p. 23.
OJ C 106, 24.4.2010, p. 26 of.
OJ C 106 of the 24.4.2010, p. 40.
OJ C 106 of the 24.4.2010, p. 52.
OJ C 106 of the 24.4.2010, p. 54.
OJ C 107 of the 27.4.2010, p. 6.
OJ C 107 of the 27.4.2010, p. 8.
OJ C 106 of the 24.4.2010, p. 42.
OJ C 106 of the 24.4.2010, p. 43.
OJ C 106 of the 24.4.2010, p. 45.
OJ C 187 of 10.7.2010, p. 5. [Electronic exchange of social security information.]
OJ C 12 of the 14.1.2012, p. 6.
OJ C 45 of the 12.2.2011, p. 5.
OJ C 262 of the 6.9.2011, p. 6.
OJ C 57 of the 25.2.2012, p. 4.
OJ C 106 of the 24.4.2010, p. 49.
OJ C 106 of the 24.4.2010, p. 51.
OJ C 240 of the 10.8.2012, p. 3.
Who is 12 months.
Contributions transferred to workers who exercise their right to unemployment in Switzerland after having contributed for 12 months at - several times - in the space of two years.

Annex III mutual recognition of professional qualifications (diplomas, certificates and other securities) 1. The contracting parties agree to apply, in the field of mutual recognition of professional qualifications, the legal acts and communications of the European Union (EU) to which reference is made in section A of this annex, in accordance with the scope of the agreement.
2. unless otherwise provided, the term '(s) Member State (s)' contained in the acts referred to in section A of the present annex is considered to apply to Switzerland, in addition to the States covered by the legal acts of the European Union in question.
3. for the purposes of the application of this annex, the contracting parties take note of legal acts of the European Union referred to in section B of the present annex.

Section A: acts to which reference is made: 1. 32005 L 0036: directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255 of the 30.9.2005, p.22), amended by:


-directive 2006/100/EC of the Council of 20 November 2006 with adapting certain directives in the field of the free movement of persons, as a result of the accession of the Bulgaria and Romania (OJ L 363 of the 20.12.2006, p. 141), - Regulation (EC) n 1430/2007 of the Commission of 5 December 2007 amending annexes II and III of the directive 2005/36/EC of the European Parliament and of the Council on the recognition of qualifications Professional (OJ L 320 of the 6.12.2007, p. 3),-Regulation (EC) n 755/2008 of the Commission of 31 July 2008 amending Annex II to directive 2005/36/EC of the European Parliament and of the Council on the recognition professional qualifications (OJ L 205 of the 1.8.2008, p. 10), - Regulation (EC) n 279/2009 of the Commission of 6 April 2009 amending Annex II to directive 2005/36/EC of the European Parliament and of the Council relating to the recognition of professional qualifications (OJ L 93 of the 7.4.2009, p. 11), - Regulation (EU) n 213/2011 from the Commission of 3 March 2001 amending annexes II and V of the directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications (OJ L 59 of the 4.3.2011, p. 4), - notification of titles in architecture (OJ C 332 of the 30.12.2006 (, p. 35), - notification of titles in architecture (JO C 148 of 24.6.2006, p. 34), - notification of titles in architecture (OJ C 3 of the 6.1.2006, p. 12), - the communication from the Commission - Notification of titles of specialist dentistry (OJ C 165 of the 19.7.2007, p. 18) -, the communication from the Commission - Notification of titles for medical specialists and practitioners (OJ C 165 of the 19.7.2007 (, p. 13), - the communication from the Commission - Notification of titles of doctor of nurse responsible for General of practitioner of specialized dentistry care, midwife and architect (JO C 137 of the 4.6.2008, p. 8), - communication — Notification of titles of training - Directive 2005/36 / this on recognition of professional qualifications (annex V) (OJ C 322 of the 17.12.2008, p. 3) -the communication from the Commission - Notification of associations or professional organizations listed in annex I to directive 2005/36/EC that meet the conditions set out in art. 3, by. 2 (OJ C 111 of the 15.5.2009, p. 1)-the communication from the Commission - Notification of titles of training - Directive 2005/36/EC on the recognition of professional qualifications (annex V) (OJ C 114 of 19.5.2009, p. 1), - the communication from the Commission - Notification of training titles - Directive 2005/36/EC on the recognition of professional qualifications (annex V) (OJ C 279 of the 19.11.2009 (, p. 1), the communication from the Commission - Notification of titles of training - Directive 2005/36/EC on the recognition of professional qualifications (annex V) (OJ C 129 19.5.2010, p. 3), - the communication from the Commission - Notification of training titles - Directive 2005/36/EC on the recognition of professional qualifications (annex V) (JO C 337 of the 14.12.2010, p. 10) ,-corrigendum to the directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 271 of the 16.10.2007, p. 18), - the corrigendum to the directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 93 of the 4.4.2008 (, p. 28), - Regulation (EU) No. 623/2012 the Commission of July 11, 2012, amending Annex II of directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications (OJ L 180 of the 12.07.2012, p. 9), - the communication from the Commission - Notification of associations or professional organizations who meet the requirements of art. 3, by. 2, and in annex I to the directive 2005/36/EC (OJ C 182 of the 23.6.2011, p. 1) - the communication from the Commission - Notification of titles of training - Directive 2005/36/EC on the recognition of professional qualifications (annex V) (OJ C 183 of 24.6.2011, p. 1), - the communication from the Commission - Notification of training titles - Directive 2005/36/EC on the recognition of professional qualifications (annex V) (OJ C 367 of the 16.12.2011 (, p. 5), - the communication from the Commission - Notification of titles of training - Directive 2005/36/EC on the recognition of professional qualifications (annex V) (JO C 244 of 14.8.2012, p. 1), - the communication from the Commission - Notification of training titles - Directive 2005/36/EC on the recognition of professional qualifications (annex V) (OJ C 396 of 21.12.2012, p. 1) -the communication from the Commission - Notification of titles of training - Directive 2005/36/EC on the recognition of professional qualifications (annex V) (OJ C 183 of the 28.6.2013, p. 4), - the communication from the Commission - Notification of training titles - Directive 2005/36/EC on the recognition of professional qualifications (annex V) (JO C 301 of 17 October 2013, p. 1).

(b) for the purposes of this agreement, the directive 2005/36/EC is adapted as follows: 1. the procedures referred to in the following articles of the directive do not apply between the contracting parties:-art. 3, by. 2, al. 3 - procedure of updating of annex I to the directive, art. 11, point c) ii, last sentence - updating of annex II to the directive procedure -, art. 13, by. 2, al.3 - updating of annex III to the directive procedure -, art. 14, by. 2, al. 2 and 3 - procedure in case of derogation to the right of the migrant to choose between an adaptation period and an aptitude test, - art. 15, by. 2-5 - procedure of adoption or revocation of common platforms, - art. 20 - procedure for amendment of annex IV to the directive, - the art. 21, by. 6, al. 2 - procedure for updating knowledge and skills, - art. 21, by. 7 - procedure of updating of annex V of the directive, art. 25, by. 5 - updating of the minimum duration of specialist training procedure, art. 26, al. 2 - insertion of new medical specializations procedure, art. 31, by. 2, al. 2 - updating the training of nurse responsible for general care procedure, art. 34, by. 2, al. 2 - practitioner of dentistry training updating procedure, art. 35, by. 2, al. 3 - procedure for updating the minimum periods of training of practitioner of specialized dentistry, art. 38, by. 1, al. 2 - updating of the training of veterinary procedure, art. 40, by. 1, al. 3 - updating of midwife training procedure, art. 44, by. 2, al. 2 - updating of pharmacist training procedure, art. 46, by. 2 - procedure for updating the knowledge and skills related to the profession of architect, art. 61 - derogation clause.

2A art. 56, the by. 3 and 4 are implemented as follows: the Commission shall communicate to Member States the information to the competent authorities and the coordinator designated by the Switzerland as soon as the latter in advised her, by putting the Joint Committee in copy.
3. at art. 57, the second paragraph is implemented as follows: the coordinator designated by the Switzerland informed the Commission by the Joint Committee in copy.
4. art. 63 does not apply. However, the Swiss coordinator designated by Switzerland in accordance with art. 56 of the directive 2005/36/EC shall inform the Commission, by putting the Joint Committee in copy of legislation adopted on the basis of legal acts and communications referred to in point 1. The art. 58 and 64 do not apply.

c. Annex II, point 1, of the directive is complemented by the following text: "in Switzerland:-Graduate optician, diplomierter Augenoptiker, ottico diplomatoRequiert at least 17 years of teaching consisting of at least 9 years of general education, 4 years of education and professional training provided in part on the work place and in part by a professional institution, followed an apprenticeship or an internship of 4 years. , which 2 years can be devoted to follow a private full-time education, all sanctioned by an examination of higher vocational training. The holder of this degree is allowed to fit contact lenses or practice exams from the view, either as an independent or employee title.
-Hearing with federal patent, Horgerate-Akustiker mit eidg. Fachausweis, audioprotesista con form professionale federaleRequiert at least 15 years of teaching consisting of at least 9 years of general education, at least 3 years of education and professional training provided in part on the work place and in part by a professional institution, followed an apprenticeship or an internship of 3 years, with private instruction, all sanctioned by a review of vocational training. The holder of this diploma is authorized to practise his profession, either as an independent or as an employee.

-Shoemaker-orthopedic specialist diploma, diplomierter ORTHOPÄDIE-Schuhmachermeister, calzolaio ortopedico diplomatoRequiert at least 17 years of teaching consisting of at least 9 years of general education, 4 years of education and professional training provided in part on the work place and in part by a professional institution, followed an apprenticeship or an internship of 4 years, with private instruction, all sanctioned by an examination of higher vocational training. The holder of this diploma is authorized to practise his profession, either as an independent or as an employee.
-Dentist technician, master, diplomierter Zahntechnikermeister, odontotecnico, maestroRequiert at least 18 years of teaching consisting of at least 9 years of general education, 4 years of education and professional training provided in part on the work place and in part by a professional institution, followed an apprenticeship or an internship of 5 years, with private instruction, all sanctioned by an examination of higher vocational training. The holder of this diploma is authorized to practise his profession, either as an independent or as an employee.
-Graduate orthopedist, diplomierter Orthopadist, ortopedista diplomatoRequiert at least 18 years of teaching consisting of at least 9 years of general education, 4 years of education and professional training provided in part on the work place and in part by a professional institution, followed an apprenticeship or an internship of 5 years, with private instruction, all sanctioned by an examination of higher vocational training. The holder of this diploma is authorized to exercise his profession, either as an independent or as an employee."

d. Annex II, point 4, of the directive is complemented by the following text: "in Switzerland:-Guide of mountain with federal patent, Bergfuhrer mit eidg.» Fachausweis, guida con alpina form professionale federaleRequiert at least 13 years of teaching consisting of at least 9 years of general education, 4 years of training under the control of a qualified professional, including private instruction, all sanctioned by a review of vocational training. The holder of this diploma is authorized to exercise his profession as an independent.
-Professor of sports of snow with federal patent, Schneesportlehrer mit eidg. Fachausweis, Maestro di sport sulla neve con form professionale federaleRequiert at least 15 years of teaching consisting of at least 9 years of general education, 4 years of education and professional training given partly in the workplace and in part by a professional establishment or 4 years of professional experience, followed by education and a learning experience for 2 years, all sanctioned by a review of vocational training. The holder of this diploma is authorized to exercise his profession as an independent."

e. Annex V, point 5.1.1., of the directive, is supplemented by the following text: ' country title of training agency which issues the title of training certificate which accompanies the academic title reference Date Switzerland federal diploma of doctor Eidgenossisches Arztdiplom Diploma Federal di medico federal Department of the Interior Eidgenossisches Department of Innern Dipartimento Federal dell'interno 1 June 2002 ' f. Annex V, point 5.1.2 of the directive, is supplemented by the following text: ' country title of training organization that issues the title of training reference Date Switzerland diploma of medical specialist Diplom als Facharzt Diploma di medico specialista federal Department of the Interior and Federation of Swiss physicians Eidgenossisches Department of Innern und der Schweizer lady doctors und Ärzte Dipartimento Federal dell connection ' e all'interno dei medici svizzeri June 1, 2002 Federation ' g. Annex V, point 5.1.3 of the directive, is supplemented by the following text: "country name Anesthesiology minimum period of training: 3 years Switzerland Anästhesiologie Anestesiologia surgery Anasthesiologie general minimum period of training: 5 years Switzerland surgery Chirurgia neurosurgery minimum period of training: 5 years Switzerland neurosurgery neurosurgery Neurochirurgia obstetrics and gynaecology minimum period of training: 4 years Switzerland Gynecology and obstetrics Gynakologie und Geburtshilfe Ginecologia e ostetricia medicine internal minimum period of training. : 5 years Switzerland internal medicine General Allgemeine Innere Medizin Medicina interna General Ophthalmology minimum period of training: 3 years Switzerland Ophthalmology Ophthalmology Oftalmologia Otorhinolaryngology minimum period of training: 3 years Switzerland Otolaryngology Otolaryngology Otorinolaringoiatria Paediatrics minimum period of training: 4 years Switzerland Pediatrics Kinder - und Jugendmedizin Pediatria Pneumology minimum period of training: 4 years Switzerland Pneumologie Pneumologie Pneumologia Urology minimum period of training : 5 years Switzerland Urology Urology conduct orthopaedics minimum period of training: 5 years Switzerland surgery orthopedic and Traumatology of musculoskeletal Orthopadische surgery und trauma the Bewegungsapparates Chirurgia ortopedica e traumatologia del sistema motorio pathological anatomy minimum period of training: 4 years Switzerland pathology pathology Patologia Neurology minimum period of training: 4 years Switzerland Neurology Neurology Neurologia Psychiatry minimum period of training : 4 years Switzerland Psychiatry and psychotherapy-Psychiatry und Psychotherapie Psichiatria e psicoterapia radiodiagnosis. minimum period of training: 4 years Switzerland Radiology Radiology Radiologia radiotherapy minimum period of training: 4 years Switzerland Radio-Oncology/radiotherapy Radio-Onkologie/Strahlentherapie Radio-oncología/radioterapia surgery aesthetic minimum period of training: 5 years Switzerland surgery plastic, reconstructive and aesthetic plastic, Rekonstruktive und life surgery up plastica, ricostruttiva ed estetica thoracic surgery minimum period of training : 5 years Switzerland cardiac surgery and vascular thoracic-Herz und thorakale Gefasschirurgie up del cuore e dei vasi toracici paediatric surgery minimum period of training: 5 years Switzerland surgery Pediatric Kinderchirurgie up pediatrica Cardiology minimum period of training: 4 years Switzerland Cardiology Kardiologie Cardiologia Gastroenterology minimum period of training: 4 years Switzerland Gastroenterology Gastroenterology Gastroenterologia Rheumatology minimum period of training: 4 years Switzerland Rheumatology Rheumatology Reumatologia Hematology general minimum duration of training : 3 years Switzerland Hematology button Ematologia Endocrinology minimum period of training: 3 years Switzerland Endocrinology - diabetology Endokrinologie - Diabetology Endocrinologia - diabetologia physiotherapy minimum period of training: 3 years Switzerland medical and physical rehabilitation physical Medizin und Rehabilitation Medicina fisica e rehabilitation Dermato - Venereology minimum period of training: 3 years Switzerland Dermatology and Venereology und Venerologie Dermatology Dermatology e venerologia tropical medicine minimum period of training: 4 years Switzerland tropical medicine and travel medicine Tropen-und Reisemedizin Medicina tropical e medicina di viaggio infant Psychiatry Minimum period of training: 4 years Switzerland Psychiatry and psychotherapy of children and adolescents Kinder - und Jugendpsychiatrie und - psychotherapie Psichiatria e psicoterapia infantile e dell'adolescenza renal diseases minimum period of training: 4 years Switzerland Nephrology Nephrology Nefrologia communicable diseases minimum period of training: 4 years Switzerland Infektiologie children infettive public health global health and social medicine minimum period of training: 4 years Switzerland Prevention and health public Prävention und Gesundheitswesen Prevenzione e salute public Pharmacology minimum period of training : 4 years Switzerland Pharmacology and clinical toxicology clinical Pharmakologie und Toxikologie Farmacologia e tossicologia cliniche occupational minimum period of training: 4 years Switzerland occupational Arbeitsmedizin Medicina del lavoro Allergology minimum period of training: 3 years Switzerland Allergology and Clinical Immunology, Allergology und Clinical Immunology Allergologia e immunologia clinica medicine nuclear minimum period of training: 4 years Switzerland medicine nuclear classical Medicina nucleare dental surgery "oral and maxillofacial (basic medical and dental training) minimum period of training: 4 years Switzerland. oral and maxillofacial surgery Mund-, Kiefer-und Gesichtschirurgie up oro-maxillo-facciale medical oncology minimum period of training: 5 years Switzerland Oncology medical Medizinische Onkologie Oncología medica medical genetics minimum period of training: 4 years Switzerland genetics medical Medizinische Genetik Genetica medica" h. Annex V, point 5.1.4 of directive, is supplemented by the following text: ' country title of training professional title Date reference Switzerland diploma of medical practitioner Diplom als praktischer Arzt/practical lady doctor Diploma di medico generico practitioner Praktischer Arzt Medico generico 1.» Juni 2002' i. Annex V, point 5.2.2 of the directive, is supplemented by the following text: "country title of training."


Agency which delivers the training title professional title Date reference Switzerland registered nurse and graduate nurse 1. Diplomierte Pflegefachfrau, diplomierter Pflegefachmann Infermiera diplomata e nurse diplomato schools which offer courses of training recognised by the State Schulen, die national anerkannte Bildungsgange being Scuole che propongono dei cicli di formazione riconosciuti dallo Stato nurse, nurse Pflegefachfrau, Pflegefachmann Infermiera, nurse June 1, 2002 2. Bachelor of Science in nursing schools which offer courses of training recognised by the State Schulen, die national anerkannte Bildungsgange being Scuole che propongono dei cicli di formazione riconosciuti dallo Stato nurse, nurse Pflegefachfrau, Pflegefachmann Infermiera, nursing 30 September 2011 Switzerland 3. "Nurse, nursing diploma ES Diplomierte Pflegefachfrau HF, diplomierter Pflegefachmann HF Infermiera diplomata SSS, nurse diplomato SSS schools which offer courses of training recognised by the State: Fachschulen, die national anerkannte Bildungsgange being Scuole farm superiori che propongono dei cicli di formazione riconosciuti dallo Stato nurse, nurse Pflegefachfrau, Pflegefachmann Infermiera, nurse June 1, 2002" j. Annex V, point 5.3.2 of the directive, is supplemented by the following text: ' country title of training organization that issues the title of training certificate that accompanies the title academic title professional reference Date Switzerland federal diploma of doctor-dentist Eidgenossisches Zahnarztdiplom Diploma Federal di medico-dentista federal Department of the Interior Department of the Innern Dipartimento Federal dell Eidgenossisches'interno doctor-dentist Zahnarzt Medico - dentista 1 June 2002 ' k. Annex V, point 5.3.3 of the directive, is supplemented by the following text: "orthodontics country title of training organization that delivers the academic title reference Date Switzerland federal diploma of orthodontist Diplom as Kieferorthopädie Diploma di ortodontista federal Department of the Interior and society Switzerland of Odonto-Stomatology Eidgenossisches Department of Innern und Schweizerische Zahnarzte-Gesellschaft Dipartimento Federal dell'interno e Società Svizzera di Odontologia e Stomatologia 1 June 2002 surgery oral country title of training agency which issues the title of training Date. "reference Switzerland federal diploma of oral surgery Diplom as Oralchirurgie Diploma di chirurgia oral federal Department of the Interior and society Switzerland of Odonto - Stomatology Eidgenossisches Department of the Innern und Schweizerische Zahnarzte-Gesellschaft Dipartimento Federal dell'interno e Società Svizzera di Odontologia e Stomatologia 30 April 2004" l. Annex V, point 5.4.2 of the directive, is supplemented by the following text: ' country title of training agency which issues the title of training certificate which accompanies the academic title reference Date Switzerland federal diploma of veterinary Eidgenossisches Tierarztdiplom Diploma Federal di veterinario federal Department of the Interior Eidgenossisches Department of Innern Dipartimento Federal dell'interno 1 June 2002 "Mr. Annex V point 5.5.2 of the directive, is supplemented by the following text: 'country title of training organization that delivers the training title professional title Date reference Switzerland 1. Midwife graduate Diplomierte Hebamme Levatrice diplomata schools which offer courses of training recognised by the State Schulen, die national anerkannte Bildungsgange being Scuole che propongono dei cicli di formazione riconosciuti dallo Stato midwife Hebamme Levatrice 1 June 2002 2. [Bachelor of Science [Name of the UAS] in Midwifery]
""Bachelor of Science HES - SO midwife"(Bachelor of Science HES - SO in Midwifery)"Bachelor of Science BFH Hebamme"(Bachelor of Science BFH in Midwifery)"Bachelor of Science ZFH Hebamme"(Bachelor of Science ZHAW in Midwifery) schools which offer courses of training recognised by the State Schulen, die national anerkannte Bildungsgange being Scuole che propongono dei cicli di formazione riconosciuti dallo Stato midwife Hebamme Levatrice 1 June 2002" n. Annex V, point 5.6.2, of the directive, is supplemented by the following text: ' country title of training agency which issues the title of training certificate which accompanies the academic title reference Date Switzerland federal diploma of pharmacist Eidgenossisches Apothekerdiplom Diploma Federal di farmacista federal Department of the Interior Eidgenossisches Department of Innern Dipartimento Federal dell'interno 1 June 2002 ' o. Annex V, point 5.7.1, of the directive, is supplemented by the following text: 'country title of training agency which issues the title of training certificate which accompanies the academic academic of reference Switzerland Diploma di architettura year title (Arch. degree. USI) Accademia di Architettura dell' Università della Svizzera Italiana 1996-1997 Master of Arts BFH/HES-SO in architecture, Master of Arts BFH/HES-SO in Architecture high University of applied sciences of Western Switzerland (HES - SO) zusammen mit der Berner Fachhochschule (BFH) - 2007-2008 Master of Arts BFH / HES - SO in architecture, Master of Arts BFH/HES-SO in Architecture high University of applied sciences of Western Switzerland (HES - SO) zusammen mit der Berner Fachhochschule (BFH) 2007-2008 Master of Arts FHNW in Architektur Fachhochschule Nordwestschweiz FHNW - 2007-2008 Master of Arts in FHZ Architektur Fachhochschule Zentralschweiz (FHZ) - 2007-2008 Master of Arts in ZFH Architektur Zürcher Fachhochschule (ZFH), Zürcher Hochschule für Angewandte Feministi (ZHAW), Department of architecture, Gestaltung und Bauingenieurwesen - 2007-2008 Master of Science MSc in Architecture, architect (arch. degree. "EPF) school Polytechnique Federal de Lausanne 2007-2008 Master of Science ETH in architecture, 'MSc ETH Arch' Eidgenössische Technische Hochschule Zürich 2007-2008" p. The following text is added to annex VI of the directive: 'country title of training academic reference year Switzerland 1. Arch. Dipl.. EPF, diploma. Arch. ETH, arch. degree. PF 2004/2005 2. Architect graduated EAUG 2004/2005 3.Architecte REG A Architekt REG A: REG A 2004/2005"2. 377 L 0249: directive 77/249/EEC of the Council of 22 March 1977 to facilitate the effective exercise of freedom to provide services by lawyers (OJ L 78 of the 26.3.1977, p. 17), amended by:-1 79 H: Act concerning the conditions of accession of the Hellenic Republic and the adjustments to the treaties (OJ L 291 of 19.11.1979 the (, p. 91), - 185 I: Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the treaties (OJ L 302 of 15.11.1985, p. 160), - the decision 95/1/EC, Euratom, ECSC of the Council of the European Union of 1 January 1995 adjusting instruments for the accession of new Member States to the European Union (OJ L 1 of the 1.1.1995 (, p. 1),-1 2003 T: Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments of the treaties which the Union is based (JO L 236 of 23.9.2003 the European (, p. 33), - directive 2006/100/EC of the Council of 20 November 2006 with adaptation of certain directives in the field of the free movement of persons, as a result of the accession of the Bulgaria and Romania (OJ L 363 of the 20.12.2006, p. 141).

(b) for the purposes of this agreement, the directive 77/249/EEC is adapted as follows: 1. the following text is added to the art. 1, by. 2: "Switzerland: Advokat, Rechtsanwalt, Anwalt, Fursprecher, Fürsprech Avvocato lawyer."
2. art. 8 does not apply. However, the Swiss coordinator designated by Switzerland in accordance with art. 56 of the directive 2005/36/EC shall inform the Commission, by putting the Joint Committee in copy of legislation adopted on the basis of directive 77/249/EEC.

3. 398 L 0005: directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate the permanent exercise of the profession of lawyer in one Member State other than that in which the qualification was acquired (OJ L 77 of 14.3.1998, p. 36), amended by:-1 2003 T: Act concerning the conditions of accession of the Czech Republic the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments of the treaties which the Union is based (JO L 236 of the 23.9.2003, p. 33), - directive 2006/100/EC of the Council of 20 November 2006 adapting certain directives in the field of the free movement of persons, as a result of the accession of the Bulgaria and Romania (OJ L 363 of the 20.12.2006, p. 141).

(b) for the purposes of this agreement, the directive 98/5/EC is adapted as follows: 1. the art. 1, by. 2, point a) is supplemented by the following text: "Switzerland: Advokat, Rechtsanwalt, Anwalt, Fursprecher, Fürsprech Avvocato lawyer."

2. the art. 16 and 17 do not apply. However, the Swiss coordinator designated by Switzerland in accordance with art. 56 of the directive 2005/36/EC shall inform the Commission, by putting the Joint Committee in copy of legislation adopted on the basis of the 98/5/CE.3 directive. Art. 14 is implemented as follows: the Commission shall communicate to the Member States information on the competent authorities designated by the Switzerland as soon as the latter has informed her, by putting the Joint Committee in copy.

4. 374 L 0556: directive 74/556/EEC of the Council of 4 June 1974 on the terms of the transitional measures in the field of activities of trade and distribution of toxic products and activities involving the professional use of such products including activities of intermediaries (OJ L 307 of the 18.11.1974, p. 1) .b. For the purposes of this agreement, the directive 74/566/EEC is adapted as follows: 1. the art. 4, the by. 3 is implemented as follows: the Commission shall communicate to the Member States information on the competent authorities designated by the Switzerland as soon as the latter has informed her, by putting the Joint Committee in copy.
2. art. 7 does not apply. However, the Swiss coordinator designated by Switzerland in accordance with art. 56 of the directive 2005/36/EC shall inform the Commission, by putting the Joint Committee in copy of legislation adopted on the basis of directive 74/566/EEC.

5. 374 L 0557: directive 74/557/EEC of the Council of 4 June 1974 concerning the achievement of freedom of establishment and freedom to provide services to self-employed activities and the activities of intermediaries under the trade and distribution of toxic products (OJ L 307 of the 18.11.1974, p.5) amended by:-the decision 95/1/EC , Euratom, ECSC of the Council of the Union European of 1 January 1995 adjusting the instruments on the accession of new Member States to the European Union (OJ L 1 of the 1.1.1995, p. 1), - 1 2003 T: Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments of the treaties which the Union is based (JO L 236 of the 23.9.2003, p. 33), - directive 2006/101/EC of the Council of 20 November 2006 establishing the adaptation of directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of freedom to provide services because of the accession of the Bulgaria and Romania (OJ L 363 of the 20.12.2006, p. 238).

(b) for the purposes of this agreement, the directive 74/557/EEC is adapted as follows: 1. in Switzerland: all products and substances referred to in the law on toxic [compilation classified federal law (SR 813.1)], and especially those listed in the orders are related (RS 813) and the toxic substances to the environment (RS 814.812.31, 814.812.32 and 814.812.33).
2A art. 7, the by. 5 is implemented as follows: the Commission shall communicate to the Member States information on the competent authorities designated by the Switzerland as soon as the latter has informed her, by putting the Joint Committee in copy.
3. art. 8 does not apply. However, the Swiss coordinator designated by Switzerland in accordance with art. 56 of the directive 2005/36/EC shall inform the Commission, by putting the Joint Committee in copy of legislation adopted on the basis of directive 74/557/EEC.

6. 386 L 0653: directive 86/653/EEC of the Council of 18 December 1986 on the coordination of the rights of the Member States regarding the independent commercial agents (OJ L 382 of the 31.12.1986, p. 17) .b. For the purposes of this agreement, the directive 86/653/EEC is adapted as follows: art. 22 does not apply. However, the Swiss coordinator designated by Switzerland in accordance with art. 56 of the directive 2005/36/EC shall inform the Commission, by putting the Joint Committee in copy of legislation adopted on the basis of directive 86/653/EEC.

Section B: acts of which the parties take note the contracting parties take note of the content of the following Act: 7. 389 X 0601: Commission recommendation 89/601/EEC, of November 8, 1989, for the training of health personnel in cancer (OJ L 346 of the 27.11.1989, p. 1).

New content according to art. 1 d n 2/2011 Joint Committee EU - CH of Sept. 30. 2011, approved by the SSA. fed. Dec. 14. 2012 (RO 2011 4859, 2013 2415 3033; FF 2012 4103). The Switzerland applies without restrictions acquired rights under the directive 2005/36/EC, in accordance with the conditions set out in the present D and its annex (art. 2 of the D). Update according to art. 1 d n 1/2015 the Joint Committee EU - CH 8 June 2015, in force since June 8, 2015 (RO 2015 2497).

State on 8 June 2015 Protocol on secondary residences in Denmark the Parties contracting agree that Protocol No. 1 of the Treaty establishing the European Community concerning the acquisition of real property to the Denmark, applies also to this agreement regarding the acquisition of secondary residences in Denmark by persons of Swiss nationality.

Protocol on the åland the Contracting Parties agree that Protocol No 2 of the Act of accession of Finland to the European Union concerning the Åland Islands applies also to this agreement.

Final act the Plenipotentiaries of the Swiss Confederation, on the one hand and the Kingdom of Belgium, the Kingdom of Denmark, of the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Ireland of the Italian Republic, the Grand Duchy of Luxembourg, of the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland the Kingdom of Sweden, the Kingdom of Great Britain and Northern Ireland, and community European, on the other hand, gathered June twenty-one of the year one thousand nine hundred ninety nine in Luxembourg for the signature of the agreement between the community and its Member States, on the one hand, Switzerland, on the other hand, on the free movement of people have adopted the joint declarations mentioned below and attached to this final act : Joint declaration on a general liberalisation of the provision of services, joint statement on the retirement pensions of institutions EC resident in Switzerland, Joint Declaration on the implementation of the agreement, Joint Declaration on future additional negotiations.
They have also taken note of the following declarations annexed to this final act: statement of Switzerland on the renewal of the agreement, statement of Switzerland on the of migration and asylum policy, statement of Switzerland on the recognition of diplomas in architecture, statement of the EC and its Member States about the art. 1 and 17 of annex I, Declaration on the participation of Switzerland in the committees.
Made in Luxembourg, June twenty-one of the year one thousand nine hundred and ninety-nine.
(Follow signatures)

Joint Declaration on a general liberalisation of the provision of services the contracting parties agree to begin negotiations on a general liberalisation of the provision of services on the basis of the acquis communautaire as soon as possible.

Joint statement on the retirement pensions of the institutions of the European communities resident in Switzerland the Commission EC and the Switzerland undertake to find an adequate solution to the problem of double taxation of pensions of retirees of the institutions of the European communities resident in Switzerland.

Joint Declaration on the implementation of the agreement the contracting parties will take the necessary steps in order to apply the acquis in accordance with the agreement reached between them to nationals of the other Contracting Party.

Joint Declaration on future negotiations additional. the European Community and the Swiss Confederation declare their intention to enter into negotiations to conclude agreements in areas of common interest such as the updating of Protocol 2 to the free trade agreement of 1972, Swiss participation in certain Community programmes for training, youth, media statistics and the environment. These negotiations should be prepared soon after the conclusion of the current bilateral negotiations.

Declaration of Switzerland on the renewal of the agreement the Switzerland declares that she will be determined, based on its internal procedures, on the renewal of the agreement during the seventh year of its application.

Statement of Switzerland on the policy of migration and asylum the Switzerland reaffirms its willingness to strengthen cooperation with the EU and its Member States in the field of migration and asylum policy. In this perspective, the Switzerland is ready to participate in the coordination system of EU asylum applications and offers the start of negotiations for the conclusion of a convention parallel to the Dublin Convention (Convention determining the State responsible for the examination of an asylum application submitted in one of the Member States of the European communities, signed in Dublin on 15 June 1990).

Statement of Switzerland on the recognition of diplomas of architects


The Switzerland will propose to the Joint Committee of the agreement on the free movement of persons, immediately upon its appointment, the inclusion in annex III of the agreement on the free movement of persons, architect degrees issued by the specialized higher colleges Swiss, in accordance with the provisions of directive 85/384/EEC of 10 June 1986.

Statement of the EC and its Member States about the art. 1 and 17 of annex I the community and its Member States declare that art. 1 and 17 of annex I of the agreement do not affect the Community acquis on the conditions of posting of workers who are nationals of a third country as part of a cross-border provision of services.

Declaration on the participation of Switzerland in the committees the Council agrees that the representatives of the Switzerland participate as observers and for the points which concern them in meetings of the committees and following expert group:-committees of research programmes; including Committee on scientific and technical research (CREST) - administrative Commission on social security for migrant workers - coordinating group on mutual recognition of higher education diplomas - advisory committees on air routes and the application of the competition rules in the field of air transport.

These committees shall meet without the presence of representatives of the Switzerland in the votes.
With regard to the other committees dealing with areas covered by these agreements and for which Switzerland, either took over the Community acquis or applied by equivalence, the Commission will consult with experts from the Switzerland in the form of art. 100 of the EEA Agreement.

Joint Declaration on the adaptation of annex III of the agreement the contracting parties declare that in order to ensure the proper execution of the agreement, its annex III will be adapted as soon as possible so as to incorporate, among other things, the directive 2005/36/EC, as amended by directive 2006/100/EC, and new Swiss entries.

Statement of Switzerland on the autonomous measures at the date of signing the Switzerland temporarily gives access to its job market to citizens of the new Member States, on the basis of its legislation, prior to the entry into force of the interim provisions of this Protocol. To this end, the Switzerland will open specific quotas for work permits of short and long term, in the sense of art. 10, by. 1, of the agreement, for citizens of the new Member States from the date of signature of this Protocol. These quotas are 282 permit long-term and 1006 permits of short duration per year. In addition, 2011 short-term workers are allowed, per year, for a minimum stay of four months.

RO 2002 1529; FF 1999 5440 art. 1 al. let 1. g of the Federal Decree of 8 October. 1999 (RO 2002 1527 1528) new content according to art. 2 No 1 of the Prot. 27 May 2008 (Participation of the Bulgaria and Romania following their accession to the EU), approved by the SSA. fed. June 13, 2008, in force since June 1, 2009 (RO 2009 2421 2411, 2012 4479; FF 2008 1927).
RS 0.632.401.2 FF 1992 IV 655 State on 8 June 2015

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