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RS 0.142.112.681 Agreement of 21 June 1999 between the Swiss Confederation of the one part, and the European Community and its Member States, of the other part, 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, of the one part, and the European Community and its Member States, of the other part, on the free movement of persons

Concluded June 21, 1999
Approved by the Federal Assembly on October 8, 1999 1
Swiss instrument of ratification deposited on 16 October 2000
Entered into force on 1 Er June 2002

(State on 8 June 2015)

The Swiss Confederation,

On one hand,

And

The European 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 Republic of France, Ireland, the Italian Republic, the Republic of Ch Y The Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxury M The Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Autr I Che, the Republic of Poland, the Portuguese Republic, Romania, the Repul I That 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, 2

Hereinafter referred to as Contracting Parties,

Convinced that the freedom of persons to move on the territories of the contracting parties is an important element for the harmonious development of their relations,

Decided to achieve the free movement of persons between them on the basis of the provisions applying in the European Community,

Agreed to conclude the ' Following agreement:

Basic provisions

Art. 1 Objective

The objective of this agreement, in favour of nationals of the Member States of the European Community and of Switzerland, is:

(a)
Grant a right of entry, residence, access to paid economic activity, establishment as an independent and the right to remain in the territory of the contracting parties;
(b)
To facilitate the provision of services in the territory of the contracting parties, in particular to liberalise the provision of short-term services;
(c)
Grant a right of entry and residence, in the territory of the contracting parties, to persons without economic activity in the host country;
(d)
Grant the same living, employment and working conditions as those granted to nationals.
Art. 2 Non-discrimination

Nationals of a Contracting Party who are legally resident in the territory of another Contracting Party are not, in the application and in accordance with the provisions of Annexes I, II and III of that Contracting Party, discriminated against because of their Nationality.

Art. 3 Right of entry

The right of entry of nationals of a Contracting Party in the territory of another Contracting Party shall be guaranteed in accordance with the provisions laid down in Annex I.

Art. 4 Right of residence and access to economic activity

The right of residence and access to an economic activity shall be 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 on the public procurement sector as far as it covers the provision of services), a service provider, y Including companies in accordance with the provisions of Annex I, shall be entitled to provide a service for a benefit in the territory of the other Contracting Party which does not exceed 90 days of actual work per calendar year.

(2) A service provider shall enjoy the right of entry and residence in the territory of the other Contracting Party

(a)
If the service provider has the right to provide a service according to s. 1 or under the terms of an agreement referred to in s. 1;
(b)
Or, where the conditions referred to in point (a) are not met, if the authorization to provide a service has been granted to it by the competent authorities of the Contracting Party concerned.

(3) Natural persons who are nationals of a Member State of the European Community or of Switzerland who travel to the territory of one of the Contracting Parties only as recipients of services benefit from the right of entry and Stay.

(4) The rights referred to in this Article shall be guaranteed in accordance with the provisions of Annexes I, II and III. Quantitative limits of art. 10 shall not be enforceable against the persons referred to in this Article.

Art. 6 Right of residence for persons without economic activity

The right of residence in the territory of a Contracting Party shall be guaranteed to persons not engaged in economic activity in accordance with the provisions of Annex I relating to non-active persons.

Art. 7 Other rights

The Contracting Parties shall settle, in accordance with Annex I, in particular the rights mentioned below relating to the free movement of persons:

(a)
The right to equal treatment with nationals as regards access to economic activity and its exercise, as well as living, employment and working conditions;
(b)
The right to professional and geographical mobility, which enables nationals of contracting parties to move freely within the territory of the receiving State and to exercise the profession of their choice;
(c)
The right to remain in the territory of a Contracting Party after the end of an economic activity;
(d)
The right to stay of family members, irrespective of their nationality;
(e)
The right to economic activity for members of the family, irrespective of their nationality;
(f)
The right to acquire real property to the extent that it is related to the exercise of the rights conferred by this Agreement;
(g)
During the transitional period, the right after the end of an economic activity or a stay in the territory of a Contracting Party, to return in order to carry on an economic activity and the right to the conversion of a residence permit Temporary on a temporary basis.
Art. 8 Coordination of social security systems

The Contracting Parties shall, in accordance with Annex II, regulate the coordination of social security systems with the aim of ensuring in particular:

(a)
Equal treatment;
(b)
Determining the applicable legislation;
(c)
Aggregation, for the purpose of opening and maintaining the right to benefit, and for the calculation thereof, of all periods taken into account by the various national legislations;
(d)
The payment of benefits to persons resident in the territory of the Contracting Parties;
(e)
Mutual assistance and administrative cooperation between the authorities and institutions.
Art. Diplomas, certificates and other titles

In order to facilitate access to and exercise of self-employed and self-employed persons in the Member States of the European Community and of Switzerland, as well as the provision of services, the Contracting Parties shall take the measures Necessary, in accordance with Annex III, concerning the mutual recognition of diplomas, certificates and other qualifications and the coordination of the laws, regulations and administrative provisions of the Contracting Parties concerning access to Self-employed and self-employed activities and the exercise thereof as well as the Service delivery.

II. General and final provisions

Art. 10 Transitional provisions and development of the agreement

(1) During the five years following the entry into force of the Agreement, Switzerland may maintain quantitative limits on access to economic activity for the following two categories of residence: for more than four months, and Less than one year and for a period equal to or greater than one year. The stays of less than four months are not limited.

From the beginning of the sixth year, all quantitative limits on nationals of the Member States of the European Community will be abandoned.

(1a) 1 Switzerland may maintain up to 31 May 2007 quantitative limits on the access of employed persons employed in Switzerland and self-employed persons, who are nationals of the Czech Republic, the Republic of Estonia, Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Poland, the Republic of Slovenia and the Slovak Republic for the following two categories of residence: for more than four months And less than one year and for a period equal to or greater than one year. The stays of less than four months are not limited.

Before the end of the transitional period mentioned above, the Joint Committee shall examine the operation of the transitional period applied to nationals of the new Member States on the basis of a Swiss report. At the end of this review, and no later than the end of the above-mentioned period, Switzerland shall notify the Joint Committee whether it will continue to apply quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures until 31 May 2009 2 . 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 abolished. These Member States are entitled to introduce the same quantitative limits for Swiss nationals for the same periods.

(1b) 3 Until the end of the second year from the entry into force of the Protocol to this Agreement concerning participation, as contracting parties, of the Republic of Bulgaria and Romania, Switzerland may maintain limits Quantitative access for employed persons employed in Switzerland and self-employed persons, who are nationals of the Republic of Bulgaria and Romania, for the following two categories of residence: for a period exceeding four Months and less than one year and for a period equal to or greater than one year. The stays of less than four months are not limited.

Before the end of the abovementioned period, the Joint Committee shall examine, on the basis of a report drawn up 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 the end of the above-mentioned period, Switzerland shall notify the Joint Committee whether it will continue to apply quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures until the end of the fifth year following the entry into force of the aforementioned Protocol. In the absence of notification, the transitional period shall end at the end of the two-year period referred to in para. 1. 4

At the end of the transitional period defined in this paragraph, all quantitative limits applicable to nationals of the Republic of Bulgaria and Romania shall be deleted. These Member States are entitled to introduce the same quantitative limits for Swiss nationals for the same periods.

(2) The Contracting Parties may, for a period of up to two years, maintain the checks on the priority of the worker in the regular labour market and the conditions of pay and work for nationals of the other Contracting Party, including persons providing services referred to in Art. 5. Before the end of the first year, the Joint Committee will consider the need to maintain these restrictions. It can shorten the maximum period of two years. Service providers liberalised by a specific agreement on the provision of services between the contracting parties (including the agreement on certain aspects relating to public procurement as long as it covers the service provision) Are not subject to the control of the worker's priority in the regular labour market.

(2a) 5 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 31 May 2007, in respect of employees of one of those Contracting Parties employed in their territory, the checks of the priority of the worker in the regular labour market and the conditions of wages and working conditions applicable to Nationals of the Contracting Party concerned. The same checks can be maintained for persons providing services in the following four sectors: services incidental to culture and landscape planning; construction, including related areas; investigations and safety; Cleaning activities (NACE 6 Codes 01.41; 45.1 to 4; 74.60; 74.70 respectively), referred to in s. 5, para. 1, of the agreement. During the transitional periods referred to in s. 1a, 2a, 3a and 4a, Switzerland gives preference to workers who are nationals of the new Member States in relation to workers who are nationals of non-EU and non-EFTA countries with regard to access to the labour market. Service providers liberalised by a specific agreement on the provision of services between the contracting parties (including the agreement on certain aspects relating to public contracts as long as it covers the provision of services) Are not subject to the control of the worker's priority in the regular labour market. For the same period, qualification conditions may be maintained for residence permits of less than four months 7 And for persons providing services in the four sectors referred to in s. 5, para. 1, of the agreement.

Before 31 May 2007, the Joint Committee shall examine the operation of the transitional measures provided for in this paragraph on the basis of a report drawn up by each of the Contracting Parties applying them. At the end of this examination, and by 31 May 2007 at the latest, the Contracting Party which has applied the transitional measures provided for in this paragraph and which has notified the Joint Committee of its intention to continue to apply the transitional measures may continue to apply the transitional measures. Be made until 31 May 2009 8 . 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 the restrictions referred to above in this paragraph shall be deleted.

(2b) 9 Switzerland, the Republic of Bulgaria and Romania may, up to the end of the second year from the entry into force of the Protocol to this Agreement concerning the participation, as contracting parties, of the Republic of Bulgaria And of Romania, maintain, with regard to the workers of one of those contracting parties employed in their territory, the checks on the priority of the worker integrated into the regular labour market and the conditions of pay and work Applicable to nationals of the other Contracting Party in question. The same checks may be maintained for persons providing services, as referred to in Art. 5, para. 1, of this Agreement, in the following four sectors: services in the field of horticulture; construction and related industries; activities in the field of safety and industrial cleaning (NACE codes 10 01.41; 45.1 to 4; 74.60 and 74.70 respectively). During the transitional periods referred to in s. 1b, 2b, 3b and 4c, Switzerland gives preference to workers who are nationals of the new Member States in relation to workers who are nationals of non-EU and non-EU countries with regard to access to its labour market. Service providers liberalised by a specific agreement on the provision of services between the contracting parties (including the agreement on certain aspects relating to public procurement to the extent that it covers the provision of Services) are not subject to the control of the worker's priority in the regular labour market. For the same period, qualification conditions may be maintained for residence permits of less than four months 11 And for persons providing services, referred to in Art. 5, para. 1 of this Agreement, in the four sectors mentioned above.

Within two years of the entry into force of the Protocol to this Agreement concerning the participation, as contracting parties, of the Republic of Bulgaria and Romania, the Joint Committee shall examine the operation of the measures Provided for in this paragraph on the basis of a report drawn up by each of the Contracting Parties applying them. At the end of this examination, 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 has notified the Joint Committee of its intention to Continue to apply them may continue to do so until the end of the fifth year following the entry into force of the aforementioned Protocol. In the absence of notification, the transitional period shall end at the end of the two-year period referred to in para. 1. 12

At the end of the transitional period defined in this paragraph, all restrictions referred to in this paragraph shall be deleted.

(3) On the entry into force of this Agreement and for a period up to the end of the fifth year, Switzerland shall reserve, within its global quotas, the following minima of new residence permits for employed persons and Independent of the European Community: residence permits for a period equal to or greater than one year: 15 000 per year; residence permits of more than four months and less than one year: 115 500 per year.

(3a) 13 Upon entry into force of the Protocol to this Agreement concerning the participation, as Contracting Parties, of the new Member States mentioned below, and up to the end of the period described in par. 1a, Switzerland reserves, on an annual basis (pro rata temporis) , within its global quotas for third countries, for employed workers in employment in Switzerland and for the self-employed, 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, a minimum number of new residence permits 14 According to the following schedule:

Until

Number of titles equal to or greater than one year

Number of securities of more than four months and less than one year

31 May 2005

900

9,000

31 May 2006

1300

12,400

31 May 2007

1700

15,800

31 May 2008

2200

19,200

May 31, 2009

2600

22,600

(3b) 15 Upon entry into force of the Protocol to this Agreement concerning the participation, as Contracting Parties, of the Republic of Bulgaria and Romania and up to the end of the period described in para. 1b, Switzerland reserves, 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 16 Employees employed in Switzerland and the self-employed, who are nationals of these new Member States, in accordance with the following timetable:

Until the end of the

Number of residence permits equal to or greater than one year

Number of residence permits of more than four months and less than one 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 s. 3, the following terms shall be agreed between the Contracting Parties: If after five years and up to 12 years after the entry into force of the Agreement, for a given year, the number of new residence permits for one of the categories referred to in subs. 1 granted to employed and self-employed persons of the European Community is above the average of the three preceding years by more than 10 %, Switzerland may, unilaterally, for the following year, limit the number of new titles of Stay of this category for employed and self-employed persons of the European Community at the average of the three preceding 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 employed or self-employed persons of the European Community may not be limited to less than 15 000 per year for new titles of Stay of more than one year and 115 500 per year for residence permits of more than four months and less than one year.

(4a) 17 At the end of the period described in par. 1a and in this paragraph and up to 12 years after the entry into force of the Agreement, the provisions of s. 10, para. 4, of the agreement are applicable.

In the event of serious disturbances or the threat of serious disturbances in its labour market, Switzerland and each of the new Member States which has applied transitional measures shall notify the Joint Committee of these circumstances by 31 May 2009. In such a case, the notifying country may continue to apply to employed persons employed in employment in its territory the measures described in s. 1a, 2a and 3a until April 30, 2011 18 In this case, the annual number of residence permits referred to in subs. 1a is as follows:

Until

Number of titles equal to or greater than one year

Number of securities of more than four months and less than one year

May 31, 2010

2800

26,000

April 30, 2011

3000

29,000

(4b) 19 When Malta knows or foresees disturbances in its labour market that seriously threaten the standard of living or the level of employment in a given region or profession, and decides to invoke the provisions contained in section 2 "Free movement of persons" in Annex XI of the Act of Accession, the restrictive measures taken by Malta towards the rest of the EU Member States may also be applied to Switzerland. In this case, Switzerland has the right to take equivalent reciprocal measures vis-vis Malta.

Malta and Switzerland can resort to this procedure until 30 April 2011.

(4c) 20 At the end of the period described in par. 1b and in this paragraph and until the end of the tenth year from the entry into force of the Protocol to this Agreement concerning the participation, as contracting parties, of the Republic of Bulgaria and Romania, the Provisions of s. 10, para. 4 of this Agreement shall apply to nationals of these new Member States.

In the event of serious disruption or threat of serious disruption of their labour market, Switzerland and each of the new Member States which have applied transitional measures shall notify these circumstances to the Joint Committee before the end of the period Five-year transitional period specified in par. 2b, para. 2. In this case, the notifying country may continue to apply to employed persons employed in employment in its territory the measures described in par. 1b, 2b and 3b until the end of the seventh year from the entry into force of the aforementioned Protocol. In this case, the annual number of residence permits referred to in subs. 1b is as follows:

Until the end of the

Number of residence permits equal to or greater than one year

Number of residence permits of more than four months and less than one year

Sixth year

1126

10,457

Seventh year

1207

11,664

(5) Transitional provisions of s. 1 to 4, and in particular those of s. 2 concerning the priority of the worker in the regular labour market and supervision of the conditions of pay and work, do not apply to employed and self-employed persons who, at the time of entry into force of the present Agreement, are authorised to engage in economic activity in the territory of the contracting parties. These include geographical and occupational mobility. Holders of residence permits of less than one year are entitled to the renewal of their residence permit; the exhaustion of quantitative limits is not enforceable against them. Holders of residence permits for a period equal to or more than one year automatically have the right to extend their residence permit; these employees and self-employed persons will have accordingly from the entry into force of the The rights relating to the free movement of persons established in the basic provisions of this Agreement and in particular of its art. 7.

(5a) 21 Transitional provisions of s. 1a, 2a, 3a, 4a and 4b, and in particular those of subs. 2a concerning the priority of integrated workers in the regular labour market and controls on wages and working conditions, do not apply to employed and self-employed workers who, at the time of entry into force of the Protocol to this Agreement concerning the participation, as contracting parties, of the new Member States referred to in the above paragraphs, shall be authorised to engage in economic activity in the territory of the Contracting Parties. These workers enjoy, in particular, geographical and occupational mobility.

Holders of residence permits of less than one year are entitled to the renewal of their residence permit; the exhaustion of the quantitative limits is not enforceable against them. Holders of residence permits for a period equal to or more than one year are automatically entitled to the extension of their residence permit; these employees and self-employed persons will have accordingly from the entry into force of the agreement The rights relating to the free movement of persons established in the basic provisions of this Agreement and in particular of its art. 7.

(b) 22 Transitional provisions of s. 1b, 2b, 3b and 4c, and in particular those of s. 2b concerning the priority of integrated workers in the regular labour market and controls on wages and working conditions, do not apply to employed and self-employed persons who, at the time of entry into force of the Protocol to this Agreement concerning the participation, as contracting parties, of the Republic of Bulgaria and Romania, shall be authorised to engage in economic activity in the territory of the Contracting Parties. These workers enjoy, in particular, geographical and occupational mobility.

Holders of residence permits of less than one year are entitled to the renewal of their residence permit; the exceeding of the quantitative limits is not enforceable against them. Holders of a residence permit of one year or more are automatically entitled to the extension of their residence permit. Consequently, these self-employed and self-employed workers will enjoy, on the basis of the entry into force of the aforementioned Protocol, rights relating to the free movement of persons established in the basic provisions of this Agreement, and in particular its Art. 7.

(6) Switzerland shall communicate regularly and promptly to the Joint Committee the relevant statistics and information, including measures for the implementation of s. 2. Each Contracting Party may request a review of the situation in the Joint Committee.

(7) No quantitative restrictions apply to frontier workers.

(8) The transitional provisions on social security and the surrender of contributions to unemployment insurance are set out in the Protocol in Annex II.


1 Introduced by Art. 2 let. B of the Prot. Of 26 Oct. 2004 on the extension of the Ac. On the free movement of persons to the new Member States of the EC, approved by the Ass. Fed. Dec 17. 2004, in effect since 1 Er April 2006 ( RO 2006 995 979; FF 2004 5523 6187).
2 Prorogées until that date by notification of 29 May 2007 ( RO 2008 573 ).
3 Introduced by Art. 2 hp. 2 of the Prot. Of 27 May 2008 (Participation of Bulgaria and Romania following their accession to the EU), approved by the Ass. Fed. June 13, 2008, effective from 1 Er June 2009 ( RO 2009 2421 2411, 2012 4479; FF 2008 1927 ).
4 Measures extended until 31 May 2014 by notification of Switzerland of 27 May 2011 ( RO 2011 4127 ) And until May 31, 2016 by notification from Switzerland on May 28, 2014 (RO 2014 1893).
5 Introduced by Art. 2 let. B of the Prot. Of 26 Oct. 2004 on the extension of the Ac. On the free movement of persons to the new Member States of the EC, approved by the Ass. Fed. Dec 17. 2004, in effect since 1 Er April 2006 ( RO 2006 995 979; FF 2004 5523 6187).
6 NACE: R (EEC) n O 3037/90 of the Council of 9.10.1990 on the statistical classification of economic activities in the EC (OJ L 293, 24.10.1990, p. 1), as last amended by Commission R (EC) No 29/2002 of 19.12.2001 (OJ L 6, 10.1.2002, p. 3).
7 Workers may apply for a short-term residence permit under the quotas referred to in subs. 3a even for less than four months.
8 Prorogées until that date by notification of 29 May 2007 ( RO 2008 573 ).
9 Introduced by Art. 2 hp. 2 of the Prot. Of 27 May 2008 (Participation of Bulgaria and Romania following their accession to the EU), approved by the Ass. Fed. June 13, 2008, effective from 1 Er June 2009 ( RO 2009 2421 2411, 2012 4479; FF 2008 1927 ).
10 NACE: R (EEC) n O 3037/90 of the Council of 9 October. 1990 on the statistical classification of economic activities in the EC (OJ L 293, 24.10.1990, p. 1), as last amended by R (EC) n O 1882/2003 of the European Parliament and of the Council of 29 seven. 2003 (OJ L 284, 31.10.2003, p. 1).
11 Workers may apply for short-term residence permits under the quotas referred to in subs. 3b even for less than four months.
12 Measures extended until 31 May 2014 by notification of Switzerland of 27 May 2011 ( RO 2011 4127 ).
13 Introduced by Art. 2 let. B of the Prot. Of 26 Oct. 2004 on the extension of the Ac. On the free movement of persons to the new Member States of the EC, approved by the Ass. Fed. Dec 17. 2004, in effect since 1 Er April 2006 ( RO 2006 995 979; FF 2004 5523 6187).
14 These titles are issued in addition to the quota referred to in s. 10 of the Ac. Which are reserved for employed and self-employed persons who are nationals of the Member States on the date of signature of the Ac. (21 June 1999) or nationals of the Republic of Cyprus or the Republic of Malta. These titles are also issued in addition to the titles issued through the existing bilateral exchange of trainees agreements.
15 Introduced by Art. 2 hp. 2 of the Prot. Of 27 May 2008 (Participation of Bulgaria and Romania following their accession to the EU), approved by the Ass. Fed. June 13, 2008, effective from 1 Er June 2009 ( RO 2009 2421 2411, 2012 4479; FF 2008 1927 ).
16 These titles are issued in addition to the quotas referred to in s. 10 of this Ac. Which are reserved for employed and self-employed workers who are nationals of the Member States on the date of signature of the Ac. (21 June 1999) and Member States which have become Contracting Parties to this Ac. Through the Prot. Of 2004. These titles also come in addition to the titles granted under the existing bilateral exchange of trainees between Switzerland and the new Member States.
17 Introduced by Art. 2 let. B of the Prot. Of 26 Oct. 2004 on the extension of the Ac. On the free movement of persons to the new Member States of the EC, approved by the Ass. Fed. Dec 17. 2004, in effect since 1 Er April 2006 ( RO 2006 995 979; FF 2004 5523 6187).
18 Prorogées until that date by notification of 29 May 2009 ( RO 2009 3075 ).
19 Introduced by Art. 2 let. B of the Prot. Of 26 Oct. 2004 on the extension of the Ac. On the free movement of persons to the new Member States of the EC, approved by the Ass. Fed. Dec 17. 2004, in effect since 1 Er April 2006 ( RO 2006 995 979; FF 2004 5523 6187).
20 Introduced by Art. 2 hp. 2 of the Prot. Of 27 May 2008 (Participation of Bulgaria and Romania following their accession to the EU), approved by the Ass. Fed. June 13, 2008, effective from 1 Er June 2009 ( RO 2009 2421 2411, 2012 4479; FF 2008 1927 ).
21 Introduced by Art. 2 let. B of the Prot. Of 26 Oct. 2004 on the extension of the Ac. On the free movement of persons to the new Member States of the EC, approved by the Ass. Fed. Dec 17. 2004, in effect since 1 Er April 2006 ( RO 2006 995 979; FF 2004 5523 6187).
22 Introduced by Art. 2 hp. 2 of the Prot. Of 27 May 2008 (Participation of Bulgaria and Romania following their accession to the EU), approved by the Ass. Fed. June 13, 2008, effective from 1 Er June 2009 ( RO 2009 2421 2411, 2012 4479; FF 2008 1927 ).

Art. 11 Treatment of appeals

(1) The persons covered by this Agreement shall have a right of appeal in respect of the application of the provisions of this Agreement to the competent authorities.

(2) Appeals must be dealt with within a reasonable time.

(3) Decisions made on appeal, or the absence of a decision within a reasonable period of time, shall provide the persons covered by this Agreement with the opportunity to appeal to the competent national judicial authority.

Art. 12 More favourable provisions

This Agreement does not prejudge any more favourable national provisions which may exist both for nationals of Contracting Parties and for members of their families.

Art. 13 Stand still

The Contracting Parties undertake not to adopt new restrictive measures in respect of nationals of the other Party in the fields of application of this Agreement.

Art. 14 Joint Committee

(1) A Joint Committee shall be established, composed of representatives of the Contracting Parties, who shall be responsible for the management and proper application of the Agreement. To this end, it makes recommendations. It shall take decisions in the cases provided for in the agreement. The Joint Committee shall decide by mutual agreement.

(2) In the event of serious economic or social difficulties, the Joint Committee shall meet, at the request of one of the Contracting Parties, to examine the appropriate measures to remedy the situation. The Joint Committee may decide on measures to be taken within 60 days of 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. Should be selected the measures that least disturb the operation of this Agreement.

(3) For the purpose of the proper implementation of the Agreement, the Contracting Parties shall regularly exchange information and, at the request of one of them, shall consult each other in the Joint Committee.

(4) The Joint Committee shall meet as required 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 request referred to in par. 2.

(5) The Joint Committee shall establish its rules of procedure, which shall contain, among other provisions, the arrangements for the convening of meetings, the appointment of its President and the definition of its term of office.

(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 Appendices and Protocols

The Annexes and Protocols to this Agreement shall form an integral part thereof. The final act contains the declarations.

Art. 16 Reference to Community law

(1) In order to achieve the objectives of this Agreement, the Contracting Parties shall take all necessary measures to ensure that the rights and obligations equivalent to those contained in the legal acts of the European Community to which the Reference is made to the application in their relationships.

(2) In so far as the application of this Agreement involves concepts of Community law, account shall be taken of the relevant case-law of the Court of Justice of the European Communities prior to the date of its signature. Jurisprudence after the date of signature of this Agreement shall be communicated to Switzerland. In order to ensure the proper 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 domestic legislation, or as soon as there is a change in the case-law of the bodies whose decisions are not subject to appeal Of domestic law in an area governed by this Agreement, the Contracting Party concerned shall inform the other Party through the Joint Committee.

(2) The Joint Committee shall exchange views on the implications of such a change for the proper functioning of the Agreement.

Art. 18 Revision

If a Contracting Party wishes to revise this Agreement, it shall submit a proposal to that effect to the Joint Committee. The amendment to this Agreement shall enter into force after the completion of the respective internal procedures, with the exception of an amendment to Annexes II and III to be decided by the Joint Committee and which may enter into force immediately thereafter. This decision.

Art. 19 Dispute Settlement

(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 resolve the dispute. All relevant information to allow for a thorough review of the situation with a view to finding an acceptable solution is provided to the Joint Committee. To this end, the Joint Committee shall examine all possibilities for maintaining the proper functioning of this Agreement.

Art. Relationship with bilateral social security agreements

Except as otherwise provided in Annex II, bilateral social security agreements between Switzerland and the Member States of the European Community shall be suspended as of the entry into force of this Agreement, insofar as the same matter Is governed by this Agreement.

Art. Relationship to bilateral double taxation agreements

(1) The provisions of the bilateral agreements between Switzerland and the Member States of the European Community in respect of double taxation shall not be affected by the provisions of this Agreement. In particular, the provisions of this Agreement shall not affect the definition of frontier worker in accordance with double taxation agreements.

(2) Nothing in this Agreement shall be construed so as to prevent Contracting Parties from making a distinction, in the application of the relevant provisions of their tax laws, between taxpayers who Are not in comparable situations, in particular as regards their place of residence.

(3) Nothing in this Agreement shall preclude the adoption or application by the Contracting Parties of a measure designed to ensure the effective taxation, payment and recovery of taxes or to avoid tax evasion In accordance with the provisions of the national tax legislation of a Contracting Party or agreements to avoid double taxation between Switzerland on the one hand, and one or more Member States of the European Community, of the other part, or Other fiscal arrangements.

Art. Relationship with bilateral agreements in matters other than social security and double taxation

(1) Notwithstanding the provisions of ss. 20 and 21, this Agreement does not affect the agreements between Switzerland, on the one hand, and one or more Member States of the European Community, on the other hand, such as agreements concerning individuals, economic agents, cooperation Cross-border or small border traffic, to the extent that they are compatible with this Agreement.

(2) In the event of any inconsistency between these agreements and this Agreement, the Agreement shall prevail.

Art. Acquired rights

In the event of termination or non-renewal, the rights acquired by individuals shall not be affected. The Contracting Parties shall settle by mutual agreement the fate of the rights in the course of acquisition.

Art. 24 Territorial scope of application

This Agreement shall apply, on the one hand, to the territory of Switzerland, of the other part, to the territories where the Treaty establishing the European Community is applicable and under the conditions laid down by that Treaty.

Art. 25 Entry into force and duration

(1) This Agreement shall be ratified or approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the first day of the second month following the last notification of the deposit of instruments of ratification or approval of all seven agreements:

-
Agreement on the free movement of persons,
-
Air transport agreement 1 ,
-
Agreement on the carriage of goods and passengers by rail and road 2 ,
-
Agreement on trade in agricultural products 3 ,
-
Mutual recognition agreement on conformity assessment 4 ,
-
Agreement on certain aspects relating to public procurement 5 ,
-
Agreement on scientific and technological cooperation 6 .

(2) This Agreement shall be concluded for an initial period of seven years. It shall be renewed for an indefinite period unless the European Community or Switzerland notifies the other Contracting Party before the expiry of the initial period. 7 In the case of notification, the provisions of s. 4 apply.

(3) The European Community or Switzerland may denounce this Agreement by notifying the other Contracting Party of its decision. In the case of notification, the provisions of s. 4 apply.

(4) The seven agreements mentioned in par. 1 cease to be applicable six months after the receipt of the notification relating to the non-renewal referred to in par. 2 or the denunciation referred to in s. 3.

Done at Luxembourg, the twenty-one June of the year thousand nine hundred and ninety-nine, in duplicate in the German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese and Swedish languages, each of these Texts being equally authentic.

(Suivent signatures)


1 RS 0.748.127.192.68
2 RS 0.740.72
3 RS 0.916.026.81
4 RS 0.946.526.81
5 RS 0.172.052.68
6 RS 0.420.513.1
7 This Ac. Is renewed for an indefinite period (see Art. 1 of the AF of 13 June 2008; RO 2009 2411 ).

Annex I 1

Free movement of persons

General provisions

Art. 1 Input and output

(1) The Contracting Parties shall admit nationals of other Contracting Parties, members of their families within the meaning of Art. 3 of this Annex as well as posted workers within the meaning of Art. 17 of this annex on the simple presentation of an identity card or a valid passport.

No entry visa or equivalent obligation may be imposed, except for members of the family and posted workers within the meaning of Art. 17 of this Annex, which do not possess the nationality of a Contracting Party. The Contracting Party concerned shall grant such persons all facilities for obtaining the necessary visas.

(2) The Contracting Parties shall accord to nationals of Contracting Parties, members of their families within the meaning of s. 3 of this Annex, as well as posted workers within the meaning of Art. 17 of this Annex, the right to leave their territory on the simple presentation of an identity card or a valid passport. The Contracting Parties may not impose any exit visa or equivalent obligation on nationals of other Contracting Parties.

The Contracting Parties shall issue or renew to their nationals, in accordance with their legislation, an identity card or a passport specifying in particular their nationality.

The passport must be valid at least for all Contracting Parties and for countries in direct transit between them. When the passport is the only document valid for leaving the country, the validity of the passport may not be less than five years.

Art. 2 Staying and economic activity

(1) Without prejudice to the provisions of the transitional period laid down in Art. 10 of this Agreement and in chap. VII of this Annex, nationals of a Contracting Party shall have the right to reside and to engage in economic activity in the territory of the other Contracting Party in accordance with the arrangements laid down in chap. II to IV. This right is evidenced by the issuance of a residence or specific border title.

Nationals of Contracting Parties also have the right to travel to another Contracting Party or to remain there after the end of a period of less than one year to seek employment and stay there for a reasonable period of time, Which may be six months which enables them to become aware of the job offers corresponding to their professional qualifications and to take the necessary measures, if necessary, for the purpose of undertaking them. Job seekers shall have the right, in the territory of the Contracting Party concerned, to receive the same assistance as that which the employment offices of that State grant to its own nationals. They may be excluded from social assistance for the duration of this stay.

(2) Nationals of Contracting Parties not engaged in economic activity in the receiving State and who do not enjoy a right of residence under other provisions of this Agreement shall have, provided that they fulfil the conditions Prerequisites in chap. V, a right of residence. This right is evidenced by the grant of a residence permit.

(3) The residence or specific title granted to nationals of Contracting Parties shall be granted and renewed for free or against the payment of an amount not exceeding the duties and taxes required for the issuance of identity cards to the National. The Contracting Parties shall take the necessary measures to simplify the formalities and procedures for obtaining such documents.

(4) Contracting Parties may require nationals of other Contracting Parties to report their presence in the Territory.

Art. 3 Members of the family

(1) The members of the family of a person who is a national of a Contracting Party with a right of residence shall have the right to settle with it. The employed person must have accommodation for his family considered normal for employed national workers in the area where he is employed without this provision being subject to discrimination between the workers Nationals and workers from the other Contracting Party.

(2) The following are considered to be members of the family, irrespective of their nationality:

A.
Their spouse and their descendants under 21 years of age or dependent;
B.
His or her ascendants and those of his or her spouse who are responsible;
C.
In the case of the student, his or her spouse and dependent children.

The Contracting Parties shall promote the admission of any member of the family who does not enjoy the provisions of that paragraph under (a), (b) and (c), if he is in charge or lives in the countries of origin, under the roof of the national of a Contracting Party.

(3) For the granting of residence permits to members of the family of a national of a Contracting Party, the Contracting Parties may request only the documents listed below:

A.
The document under the cover of which they entered their territory;
B.
A document issued by the competent authority of the State of origin or provenance proving their relationship;
C.
For dependants, a document issued by the competent authority of the State of origin or of origin certifying that they are the responsibility of the person referred to in s. 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 shall be the same as that of the person who has been issued to the person on which he or she depends.

(5) The spouse and children under the age of 21 or dependent on a person with a right of residence, irrespective of their nationality, have the right of access to an economic activity.

(6) The children of a national of a Contracting Party who exercises or has carried out an economic activity in the territory of the other Contracting Party shall be admitted to general education, apprenticeship and training courses In the same conditions as nationals of the receiving State, if these children are resident in its territory.

The Contracting Parties shall encourage initiatives enabling these children to follow the aforesaid courses in the best conditions.

Art. 4 Right to Remain

(1) Nationals of a Contracting Party and members of their families shall have the right to remain in the territory of another Contracting Party after the end of their economic activity.

(2) Pursuant to s. 16 of the Agreement, reference is made to Regulation (EEC) No 1251/70 (OJ No O L 142, 1970, p. 24) 1 And Directive 75 /34/EEC (OJ No O L 14, 1975, p. 10) 2 .


1 As in effect on the date of the signing of the c.
2 As in effect on the date of the signing of the c.

Art. 5 Public Order

(1) The rights granted by the provisions of this Agreement may be limited only by measures justified on grounds of public policy, public security and public health.

(2) Pursuant to s. 16 of the Agreement, reference is made to Directives 64 /221/EEC (OJ O 56, 1964, p. 850) 1 , 72 /194/EEC (OJ No O L 121, 1972, p. 32) 2 And 75 /35/EEC (OJ No O L 14, 1975, p. 10) 3 .


1 As in effect on the date of the signing of the c.
2 As in effect on the date of the signing of the c.
3 As in effect on the date of the signing of the c.

II. Employed Workers

Art. 6 Regulation of residence

(1) An employed person who is a national of a Contracting Party (hereinafter referred to as an employed person) who is employed for a period equal to or more than one year in the service of an employer of the receiving State shall be granted a residence permit for a period of At least five years from the date of issue. It is automatically extended for at least five years. In the first renewal, its validity may be limited, without being able to be less than one year, when its holder has been in an involuntary unemployment situation for more than twelve consecutive months.

(2) An employed person who is employed for a period of more than three months and less than one year in the service of an employer of the receiving State shall be granted a residence permit for a period equal to that provided for in the contract.

An employed person who is employed for a period not exceeding three months does not need a residence permit.

(3) For the issue of residence permits, the Contracting Parties may only ask the worker for the presentation of the documents listed below:

(a)
The document under the cover of which he entered the territory;
(b)
An employer's declaration of commitment or a certificate of employment.

(4) The residence permit shall be valid for the whole territory of the State which issued it.

(5) Interruption of residence not exceeding six consecutive months and absences due to the fulfilment of military obligations shall not affect the validity of the residence permit.

(6) The residence permit under validity may not be withdrawn from the employee by reason of the fact that he is no longer employed or that the person concerned has been struck by a temporary incapacity for work resulting from an illness or accident, or He or she is in a situation of involuntary unemployment duly noted by the competent labour office.

(7) The completion of formalities relating to the obtaining of the residence permit shall not prevent the immediate implementation of employment contracts concluded by the applicants.

Art. 7 Employed frontier workers

(1) The frontier worker is a national of a Contracting Party who has his residence in the territory of a Contracting Party and who is employed in the territory of the other Contracting Party by returning to his In principle every day, or at least once a week.

(2) Border workers do not need a residence permit.

However, the competent authority of the State of employment may provide the frontier worker with a specific title for at least five years or for the duration of his employment if it is more than three months and less than one year. It shall be extended for at least five years, provided that the frontier worker produces proof that he is carrying on an economic activity.

(3) The specific title shall be valid for the whole territory of the State which issued it.

Art. 8 Professional and geographic mobility

(1) Employed workers have the right to occupational and geographical mobility throughout the territory of the receiving State.

(2) Professional mobility includes the change of employer, employment, occupation and the transition from self-employed to self-employment. Geographical mobility includes the change of place of work and residence.

Art. Equal treatment

(1) An employed person who is a national of a Contracting Party may not, on the territory of the other Contracting Party, be, on account of his nationality, treated differently from employed national workers in respect of conditions Employment and employment, in particular with regard to remuneration, dismissal, and re-employment or re-employment if he has fallen into unemployment.

(2) An employed person and his or her family members referred to in s. 3 of this Annex shall enjoy the same tax and social benefits as national wage earners and members of their families.

(3) It shall also be entitled to the same conditions and under the same conditions as the employed national workers in the teaching of vocational schools and rehabilitation or rehabilitation centres.

(4) Any collective or individual collective agreement or other collective regulation concerning access to employment, employment, remuneration and other working conditions and termination of employment shall be null and void. It provides or permits discriminatory conditions in respect of non-national employees who are nationals of the Contracting Parties.

(5) An employed person who is a national of a Contracting Party, occupied in the territory of the other Contracting Party, shall enjoy equal treatment with regard to membership of trade unions and the exercise of trade union rights, It may be excluded from participation in the management of bodies of public law and the exercise of a function of public law. It also enjoys the right of eligibility to the representative bodies of employees in the undertaking.

These provisions shall not affect the laws or regulations which, in the host State, grant more extensive rights to employed persons from the other Contracting Party.

(6) Without prejudice to the provisions of s. 26 of this Annex, an employed person who is a national of a Contracting Party, occupied in the territory of the other Contracting Party, shall be entitled to all the rights and benefits granted to national employees in Housing, including access to the ownership of the housing it needs.

This worker may, on the same basis as nationals, register in the region where he is employed, on the lists of housing applicants in the places where such lists are held, and he benefits from the benefits and priorities arising therefrom.

His family remaining in the State of origin is considered, to that end, to be a resident of that region, to the extent that national workers enjoy a similar presumption.

Art. 10 Employment in public administration

A national of a contracting party who is an employed person may be denied the right to hold a job in the public administration connected with the exercise of public authority and intended to safeguard the general interests of the State Or other public authorities.

Art. 11 Collaboration in placement domain

The Contracting Parties shall cooperate within the EURES network (EURopean Employment Services), in particular in the field of contact and clearing of tenders and job applications and in the field of exchange of information Relating to the labour market situation and the living and working conditions.

III. Independents

Art. 12 Regulation of residence

(1) A national of a Contracting Party wishing to establish in the territory of another Contracting Party for the purpose of performing a self-employed activity (hereinafter referred to as an independent person) shall be granted a residence permit for at least five years Of its grant, provided that it produces evidence to the competent national authorities that it is established or wishes to establish itself for that purpose.

(2) The residence permit shall be automatically extended for at least five years, provided that the independent person provides proof to the competent national authorities that he or she is engaged in self-employed economic activity.

(3) For the issue of residence permits, the Contracting Parties may only apply to the independent person for the presentation:

(a)
The document under cover of which he entered the territory;
(b)
The evidence referred to in s. 1 and 2.

(4) The residence permit shall be valid for the whole territory of the State which issued it.

(5) Interruption of residence not exceeding six consecutive months and absences due to the fulfilment of military obligations shall not affect the validity of the residence permit.

(6) The valid residence permit shall not be withdrawn from the persons referred to in subs. 1 of the fact that they are no longer active due to temporary incapacity for work resulting from illness or accident.

Art. 13 Independent Frontaliers

(1) The independent border shall be a national of a Contracting Party who has his residence in the territory of a Contracting Party and who carries on a self-employed activity in the territory of the other Contracting Party by returning to his In principle every day, or at least once a week.

(2) Independent border crossings do not require a residence permit.

However, the competent authority of the State concerned may provide the border independent of a specific title for a period of at least five years, provided that it produces evidence to the competent national authorities that it exercises or wishes to exercise Independent activity. It shall be extended for at least five years, provided that the border produces evidence that it is engaged in an independent activity.

(3) The specific title shall be valid for the whole territory of the State which issued it.

Art. 14 Professional and geographic mobility

(1) The independent person has the right to occupational and geographical mobility throughout the territory of the receiving State.

(2) Professional mobility includes changes in occupation and the transition from self-employed to self-employment. Geographical mobility includes the change of place of work and residence.

Art. 15 Equal treatment

(1) The self-employed person receives in the host country, in respect of access to a self-employed activity and in his or her financial year, treatment no less favourable than that accorded to his own nationals.

(2) The provisions of s. 9 of this Annex shall apply, mutatis mutandis, to the self-employed referred to in this Chapter.

Art. 16 Exercise of public power

Self-employed persons may be denied the right to engage in an activity, even on an occasional basis, in the exercise of public authority.

IV. Service Delivery

Art. 17 Service Provider

It is prohibited in the provision of services, according to Art. 5 of this Agreement:

(a)
Any restriction on the provision of cross-border services in the territory of a Contracting Party not exceeding 90 days of actual work per calendar year.
(b)
Any restrictions on entry and residence in the cases referred to in s. 5 para. 2 of this Agreement in respect of
(i)
Nationals of the Member States of the European Community or of Switzerland who are service providers and are established in the territory of one of the Contracting Parties, other than that of the recipient of services;
(ii)
Employees, irrespective of their nationality, of a service provider who is integrated into the regular labour market of a Contracting Party and who are seconded for the provision of a service in the territory of another party Contracting, without prejudice to Art. 1.
Art. 18

The provisions of Art. 17 of this Annex apply to companies which are constituted in accordance with the legislation of a Member State of the European Community or of Switzerland and having their registered office, their headquarters or their establishment In the territory of a Contracting Party.

Art. 19

The service provider having the right or having been authorised to provide a service may, for the performance of his performance, exercise, on a temporary basis, his activity in the State where the service is provided under the same conditions as that provided by that service. State shall impose on its own nationals, in accordance with the provisions of this Annex and Annexes II and III.

Art.

(1) Persons subject to s. 17, point (b) of this Annex having the right to provide a service do not require a residence permit for stays of less than or equal to 90 days. The documents referred to in s. 1 under the cover of which the said persons entered the territory cover their stay.

(2) Persons subject to s. 17, point (b) of this Annex having the right to provide a service of more than 90 days or having been authorised to provide a service shall, in order to establish that right, receive a residence permit for a period equal to that of the service.

(3) The right of residence shall extend throughout the territory of Switzerland or of the Member State concerned of the European Community.

(4) For the issue of residence permits, the Contracting Parties shall not apply to the persons referred to in Art. 17, point (b) of this Annex:

(a)
The document under the cover of which they entered the territory;
(b)
Evidence that they perform or wish to provide services.
Art.

(1) The total duration of a service referred to in s. 17, point (a) of this Annex, whether it is an uninterrupted benefit or a successive benefit, may not exceed 90 days of actual work per calendar year.

(2) The provisions of s. 1 does not prejudge or prejudice the payment of the legal obligations of the service provider in relation to the obligation to guarantee to the recipient of services or of force majeure.

Art.

(1) excepted from the application of the provisions of s. 17 and 19 of this Annex, the activities taking part, even occasionally, in the exercise of public authority in the Contracting Party concerned.

(2) The provisions of s. 17 and 19 of this Annex, and the measures taken thereunder, do not prejudge the applicability of the laws, regulations and administrative provisions providing for the application of working and employment conditions to the Workers posted as part of a service provision. In accordance with Art. 16 of this Agreement, reference is made to Directive 96 /71/EC of 16 December 1996 (OJ No O L 18, 1997, p. 1) 1 On the posting of workers in the context of the provision of services.

(3) The provisions of s. 17, point (a), and 19 of this Annex shall not prejudice the applicability of the existing laws, regulations and administrative provisions in each Contracting Party to the entry into force of this Agreement in respect of

(i)
The activities of temporary work and temporary work agencies;
(ii)
Financial services whose exercise requires prior authorisation in the territory of a Contracting Party and whose provider is subject to prudential supervision by the public authorities of that Contracting Party.

(4) The provisions of s. 17, point (a), and 19 of this Annex do not prejudge the applicability of the laws, regulations and administrative provisions of each Contracting Party, in respect of services less than or equal to 90 days' Effective work, justified by overriding reasons relating to a general interest.


1 As in effect on the date of the signing of the CA.

Art. Service Recipient

(1) The recipient of the services referred to in s. 5, para. 3, this Agreement does not require a residence permit for stays of less than or equal to three months. For stays of more than three months, the recipient of services shall be granted a residence permit of equal duration to that of the service. He may be excluded from social assistance for the duration of his or her stay.

(2) The residence permit shall be valid for the whole territory of the State which issued it.

V. Persons not engaged in economic activity

Art. 24 Regulation of residence

(1) A person who is a national of a Contracting Party which does not engage in economic activity in the State of residence and who does not enjoy a right of residence under other provisions of this Agreement shall be granted a residence permit for a period of At least five years, provided it proves to the competent national authorities that it has for itself and the members of its family:

(a)
Adequate financial means for not having to use social assistance during their stay;
(b)
Sickness insurance covering all risks 1 .

The Contracting Parties may, where they consider it necessary, request the revalidation of the residence permit after the first two years of residence.

(2) Sufficient financial means shall be considered sufficient to exceed the amount below which nationals, having regard to their personal circumstances and, where applicable, and the members of their families, are entitled to Assistance benefits. Where this condition cannot be applied, the applicant's financial resources shall be regarded as sufficient when they are higher than the level of the minimum social security pension paid by the receiving State.

(3) Persons who have worked for a period of less than one year in the territory of a Contracting Party may stay there, provided that they meet the conditions laid down in subs. 1 of this article. The unemployment benefits to which they are entitled in accordance with the provisions of the national legislation, if necessary supplemented by the provisions of Annex II, shall be regarded as financial means within the meaning of s. 1 (a) and 2 of this article.

(4) A residence permit, of a duration limited to that of training or one year if the duration of the training exceeds one year, shall be granted to a student who does not have a right of residence in the territory of the other Contracting Party on the basis of a residence permit. Any other provision of this Agreement which, by declaration or at the option of the student by any other means at least equivalent, shall ensure that the national authority concerned has the financial means to enable it, its spouse and their dependent children, to Make use of the social assistance of the receiving State during their stay, and provided that it is registered In a registered establishment for the purpose of following, on a principal basis, vocational training and that it has sickness insurance covering all the risks. This Agreement does not provide for access to vocational training or assistance for their maintenance to students covered by this Article.

(5) The residence permit shall be automatically extended for at least five years, as long as the conditions for admission are still fulfilled. For the student, the residence permit shall be extended annually for a duration corresponding to the residual duration of the training.

(6) Interruption of residence not exceeding six consecutive months and absences due to the fulfilment of military obligations shall not affect the validity of the residence permit.

(7) The residence permit shall be valid for the whole territory of the State which issued it.

(8) The right of residence remains as long as the beneficiaries of this right meet the conditions laid down in par. 1.


1 In Switzerland, coverage of health insurance for people who do not live there must also include accident and maternity benefits.

VI. Real estate acquisitions

Art. 25 1

(1) A national of a Contracting Party who has a right of residence and is his principal residence in the receiving State shall enjoy the same rights as a national in the field of the acquisition of real property. It may at any time establish its principal residence in the receiving State, in accordance with the national rules, irrespective of the duration of its employment. The departure from the receiving State does not imply any obligation of alienation.

(2) A national of a Contracting Party who has a right of residence and does not constitute his principal residence in the receiving State shall enjoy the same rights as a national national in respect of the acquisition of immovable property which Are used for the purpose of carrying out an economic activity; these rights do not imply any obligation of alienation upon departure from the receiving State. It may also be permitted to acquire a secondary residence or holiday accommodation. For this category of nationals, this Agreement does not affect the rules in force concerning the pure placement of capital and the trade in unbuilt land and housing.

(3) A border shall enjoy the same rights as a national in respect of the acquisition of immovable property which is used for the exercise of economic activity and of a secondary residence; these rights do not imply any obligation Of alienation upon departure from the receiving State. It may also be authorized to purchase holiday accommodation. For this category of nationals, this Agreement does not affect the rules in force in the host State concerning the pure placement of capital and the trade in unbuilt land and housing.


1 See, however, the transitional measures relating to the acquisition of land and secondary residences at the end of this Annex and those of Annex 1 to the Prot. Of 27 May 2008 ( RO 2009 2421 ).

VII. Transitional provisions and development of the agreement

Art. 26 General information

(1) Where the restrictions set out in s. 10 of this Agreement, the provisions contained in this Chapter shall supplement, respectively, the other provisions of this Annex.

(2) Where the restrictions set out in s. 10 of this Agreement, the exercise of an economic activity shall be subject to the grant of a residence and/or work permit.

Art. 27 Regulation of the stay of employed persons

(1) The residence permit of an employed person for the benefit of a contract of employment of less than one year shall be extended to a total duration of less than 12 months, provided that the paid worker produces the national authorities Proof that he or she can engage in economic activity. A new residence permit shall be issued provided that the employed person proves that he is capable of carrying out an economic activity and that the quantitative limits laid down in Art. 10 of this Agreement shall not be reached. There is no obligation to leave the country between two contracts of employment in accordance with Art. 24 of this annex.

(2) During the period referred to in s. 10, para. 2, 2a, 2b, 4a, 4b and 4c, of this Agreement, a Contracting Party may, for the issuance of an initial residence permit, require a written contract or a contract proposal.

(3) (a)
Persons who have previously held temporary employment in the territory of the host State for at least 30 months automatically have the right to take up an unlimited period of employment 1 A possible exhaustion of the number of guaranteed residence permits is not enforceable against them.
(b)
Persons who have previously held seasonal employment in the territory of the host State with a total duration of not less than 50 months during the last 15 years and who do not qualify for a residence permit According to the provisions of point (a) of this paragraph shall automatically have the right to take up an unlimited period of employment.

1 They are not subject to the priority of indigenous workers, nor to the monitoring of compliance with working conditions and wages in the branch and place.

Art. 28 Employed frontier workers

(1) The employee frontier worker is a national of a Contracting Party who has his or her regular residence in the border areas of Switzerland or of his neighbouring states and who is employed in the border areas of The other Contracting Party by returning to its principal residence in principle on a daily basis, or at least once a week. The zones defined by the agreements concluded between Switzerland and its neighbouring states relating to border traffic shall be considered as border areas within the meaning of this Agreement.

(2) The specific title shall be valid for the whole border area of the State which issued it.

Art. Right to return of employees

(1) An employee who, on the date of entry into force of this Agreement, has a residence permit with a duration of at least one year and who has left the host country, is entitled to privileged access within the quota for his title Of residence within six years of departure, provided that it produces proof that it can carry on an economic activity.

(2) A frontier worker is entitled to a new specific title within six years after the end of his previous activity of an uninterrupted period of three years, subject to supervision of the conditions of pay and work if he is Within two years of the entry into force of the Agreement, and in so far as it provides proof to the competent national authorities that it can engage in economic activity.

(3) Young persons who have left the territory of a Contracting Party after having stayed there at least five years before the age of 21 shall have the right for a period of four years to return and to engage in economic activity there.

Art. Geographical and occupational mobility of employees

(1) An employed person who holds a residence permit for less than one year shall have, for the 12 months following the start of his employment, a right to occupational and geographical mobility. The transition from an employment to an independent activity is possible in the light of compliance with the provisions of Art. 10 of this Agreement.

(2) Specific titles granted to employed frontier workers give a right to occupational and geographical mobility within all the border areas of Switzerland or its neighbouring states.

Art. Regulating the Stay of Independents

A national of a Contracting Party wishing to establish in the territory of another Contracting Party for the purpose of carrying out an independent activity (hereinafter referred to as an independent person) shall be granted a residence permit of six months. It shall receive a residence permit for at least five years, provided that it produces, to the competent national authorities before the end of the six-month period, proof that it is carrying out an independent activity. This six-month period may be extended for a maximum of two months if it is likely to present this evidence.

Art. 32 Independent Frontaliers

(1) The independent border is a national of a contracting party who has his or her regular residence in the border areas of Switzerland or its neighbouring states and which carries on a self-employed activity in the border areas of the other Contracting Party by returning to its principal residence in principle on a daily basis, or at least once a week. The zones defined by the agreements concluded between Switzerland and its neighbouring states relating to border traffic shall be considered as border areas within the meaning of this Agreement.

(2) A national of a Contracting Party wishing to exercise as a border and as an independent person an activity in the border areas of Switzerland or its neighbouring States shall be given a specific prior title of six months. It shall receive a specific title of at least five years as long as it produces, before the end of the six-month period, the proof that it is engaged in an independent activity by the competent national authorities. This 6-month period may be extended for a maximum of two months if it is likely to present this evidence.

(3) The specific title shall be valid for the whole border area of the State which issued it.

Art. 33 Right of self-employed

(1) An independent person who has held a residence permit for at least five years, who has left the host State, is entitled to a new residence permit within six years of his departure, provided that he has already worked in the country For an uninterrupted period of three years and to provide proof to the competent national authorities that it can engage in economic activity.

(2) The independent border shall be entitled to a new specific title within six years of the end of its previous activity of an uninterrupted period of four years, provided that it produces proof to the competent national authorities It can carry on an economic activity.

(3) Young persons who have left the territory of a Contracting Party after having stayed there at least five years before the age of 21 shall have the right for a period of four years to return and to engage in economic activity there.

Art. 34 Geographical and professional mobility of the self-employed

The specific titles issued to independent border countries give a right to professional and geographical mobility within the border areas of Switzerland or its neighbouring states. The residence permits (for border crossings: the specific titles) for a period of six months only give a right to geographical mobility.

Transitional measures relating to the acquisition of land and secondary residences

1. The Czech Republic

A. The Czech Republic may maintain in force for five years from its accession to the EU the rules laid down in Law n O 219/1995 Sb. On exchange control, as amended, concerning the acquisition of secondary residences by Swiss nationals who are not resident in the Czech Republic and by companies incorporated in accordance with Swiss law which Are not established in the territory of the Czech Republic and which have neither a branch nor a representation.

B. The Czech Republic may maintain in force for seven years from its accession to the EU the rules laid down in Law n O 219/1995 Sb. On exchange control, as amended, in law n O 229/1991 Sb. On the ownership of land and other agricultural buildings, and in law n O 95/1999 Sb. On the conditions relating to the transfer of ownership of agricultural and forest land from the State to other entities concerning the acquisition of agricultural land and forests by Swiss nationals and incorporated companies In accordance with Swiss legislation which are neither established nor registered in the territory of the Czech Republic. Without prejudice to any other provision of this paragraph 1, a Swiss national may under no circumstances be treated, in respect of the acquisition of agricultural land and forests, less favourably than on the date of signature of the Protocol, nor be it to be Treaty in a more restrictive way than a third-country national.

C. Independent farmers who are Swiss nationals who wish to settle and reside in the Czech Republic shall not be subject to the provisions of point b or to procedures other than those to which the Nationals of the Czech Republic.

D. These transitional measures are subject to a general review in the third year following the accession of the Czech Republic to the EU. The Joint Committee may decide to shorten or close the transitional period indicated in a.

E. If the Czech Republic subjects non-residents to the acquisition of real property in the Czech Republic during the transition period, they shall be based on transparent, objective, stable and public criteria. These criteria are applied in a non-discriminatory manner and do not distinguish between Czech and Swiss nationals.

F. If, at the end of the transitional period, there are sufficient indications of serious disturbances or the 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 transitional period up to three years.

2. Estonia

A. Estonia may maintain in force for seven years from its accession to the EU its legislation in force on the date of signature of this Protocol concerning the acquisition of agricultural land and forests by Swiss nationals and by Companies incorporated in accordance with Swiss legislation which are neither established nor registered in the territory of the Republic of Estonia and which have neither a branch nor a representation. A Swiss national may under no circumstances be treated, in respect of the acquisition of agricultural land and forests, less favourably than at the date of signature of this Protocol, nor be treated in a more restrictive manner than a A third country national. According to this legislation, Estonia has adopted the Law on Restrictions on the Acquisition of Buildings and the Law Amending the Agrarian Reform Law, both in force since 12 February 2003.

B. Swiss nationals who wish to establish themselves as self-employed farmers and reside in Estonia who have been lawfully resident and engaged in farming for at least three years without interruption shall not be subject to the provisions Of the point a or to procedures other than those to which nationals of the Republic of Estonia are subjected.

C. These transitional measures are subject to a general review in the course of the third year following the 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 transitional period provided for in a.

D. If, at the end of the transitional period, there are sufficient indications of serious disturbances or the threat of serious disturbances of the Estonian agricultural real estate market, the Joint Committee, at the request of the Republic of Estonia, may decide Extend the transitional period for a maximum of three years.

3. Cyprus

Cyprus may maintain in force for five years from its accession to the EU its legislation in force as at 31 December 2000 concerning the acquisition of secondary residences.

Under the Cap. 109 law on the acquisition of buildings (by foreigners) and amending laws 5 2/69, 55/72 and 50/90, the acquisition of buildings in Cyprus by non-Cypriots is subject to the approval of the Council of Ministers. The Council of Ministers has authorized district officers to grant this approval on their behalf. Where the building concerned exceeds 2 donums (1 donum = 1338 m 2 ), this approval may be granted only for the following purposes:

A.
Primary or secondary residence not exceeding 3 donums;
B.
Professional or commercial premises;
C.
Enterprise in sectors considered to be beneficial to the Cypriot economy.

The above law has been amended by Act No. 54 (I)/2003 of 2003 on the acquisition of real property (by foreigners) (amendment). The new law does not impose any restrictions on EU nationals and companies for the acquisition of a building linked to a principal residence and foreign direct investment, or for the acquisition of real property by agents and promoters EU real estate. With regard to the acquisition of secondary residences, the law provides that for a period of five years after the accession of Cyprus to the EU, EU nationals who are not permanently resident in Cyprus and EU companies that do not Their registered office, their central administration or their principal establishment in Cyprus cannot acquire buildings for use as a secondary residence without the prior authorisation of the Council of Ministers, which has delegated its authority To district officers, as indicated above.

4. Latvia

A. Latvia may maintain in force for seven years from its accession to the EU the rules provided for in its legislation amending the Law on the Privatisation of Agricultural Land (in force since 14 April 2003) concerning the acquisition of Agricultural land and forests by Swiss nationals and by companies incorporated in accordance with Swiss legislation which are neither established nor registered in the territory of the Republic of Latvia and which have no branch or Representation. A Swiss national may under no circumstances be treated, in respect of the acquisition of agricultural land and forests, less favourably than at the date of signature of this Protocol, nor be treated in a more restrictive manner than a A third country national.

B. These transitional measures are subject to a general review before the end of the third year following the accession of the Republic of Latvia to the EU. To this end, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or close the transitional period provided for in a.

C. If, at the end of the transitional period, there are sufficient indications of serious disturbances or the threat of serious disturbances of the Latvian agricultural real estate market, the Joint Committee, at the request of Latvia, may decide to extend the Transitional period of up to three years.

5. Lithuania

A. Lithuania may maintain in force for seven years from its accession to the EU its legislation in force on the date of signature of this Protocol concerning the acquisition of agricultural land and forests by Swiss nationals and By companies incorporated in accordance with Swiss legislation which are neither established nor registered in the territory of the Republic of Lithuania and which have neither a branch nor a representation. A Swiss national may under no circumstances be treated, in respect of the acquisition of agricultural land and forests, less favourably than at the date of signature of this Protocol, nor be treated in a more restrictive manner than a A third country national. Under this legislation, Swiss nationals and legal entities, as well as Swiss organisations without legal personality but with civil capacity provided for under Swiss law, cannot acquire agricultural land Forests before the end of the seven-year transitional period laid down by the Treaty of Accession of the Republic of Lithuania to the European Union.

B. Swiss nationals who wish to establish themselves as self-employed farmers and reside in Lithuania who have been lawfully resident and engaged in farming for at least three years without interruption shall not be subject to the Provisions of the point, or procedures other than those to which nationals of the Republic of Lithuania are subject.

C. These transitional measures are subject to a general review in the course of the third year following the accession of the Republic of Lithuania to the EU. To this end, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or close the transitional period provided for in a.

D. If, at the end of the transitional period, there are sufficient indications of serious disturbances or the threat of serious disturbances of the Lithuanian agricultural property market, the Joint Committee, at the request of the Republic of Lithuania, may decide Extend the transitional period for a maximum of three years.

6. Hungary

A. Hungary may maintain in force for five years from its accession to the EU the provisions of its LV Act of 1994 on agricultural land for the acquisition of secondary residences.

(b) Swiss nationals who have resided legally in Hungary for at least four years without interruption shall not be subject to the provisions of the item or to rules and procedures other than those to which nationals of The Republic of Hungary. During the transitional period, Hungary shall apply for the acquisition of secondary residences 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 Swiss nationals resident in Hungary.

C. Hungary may maintain in force for seven years from its accession to the EU the prohibitions of its LV Act of 1994 on agricultural land, as amended, concerning the acquisition of agricultural land by natural persons who are not Residents, Hungarian nationals and legal persons.

D. Swiss nationals who wish to establish themselves as self-employed farmers in Hungary who have lawfully resident and engaged in an agricultural activity for at least three years without interruption shall not be subject to the provisions of c Rules and procedures other than those to which nationals of the Republic of Hungary are subject.

These transitional measures are subject to a general review in the course of the third year following the accession of the Republic of Hungary to the EU. To this end, the Commission shall submit 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 Hungary applies authorisation procedures for the acquisition of secondary residences during the transitional period, these procedures shall be based on transparent, objective, stable and public criteria. These criteria are applied in a non-discriminatory manner.

G. If, at the end of the transitional period, there are sufficient indications of serious disturbances or the threat of serious disturbances of the Hungarian agricultural property market, the Joint Committee, at the request of the Republic of Hungary, may decide Extend the transitional period for a maximum of three years.

7. Malta

The acquisition of real estate in the Maltese Islands is governed by the Law on Real Property (acquisitions by non-residents) (Cap. 246 of the Maltese legislation). The Act provides as follows:

A. 1. A Swiss national may acquire a building in Malta with a view to using it himself as a residence (not necessarily principal) provided that he 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 an authorisation which (subject to a few exceptions provided for in the law) cannot be refused if the Value of the building exceeds a given amount indexed annually (currently 30 000 Lm for an apartment and 50 000 Lm for a house).
2. Swiss nationals may also establish their principal residence in Malta at any time in accordance with the applicable national rules. The departure of Malta does not imply any obligation to dispose of real property acquired as a principal residence.
B.
Swiss nationals who acquire real property in areas specially designated by law (generally, areas forming part of urban regeneration projects) must not obtain authorisation for such acquisitions, which are not Subject to any limitation in respect of their number, use or value.

8. Poland

A. Poland may maintain in force for five years from its accession to the EU its legislation in force on the date of signature of this Protocol concerning the acquisition of secondary residences. According to this legislation, a Swiss national must comply with the requirements set out in the Act of 24 March 1920 on the acquisition of real property by foreigners (Dz.U. 1996, Nr. 54, poz. 245 and amendments), as amended.

B. Swiss nationals who have been legally resident in Poland for four years without interruption shall not be subject, in respect of the acquisition of secondary residences, to the provisions of the point a or to procedures other than those To which nationals of the Republic of Poland are subject.

C. Poland may maintain in force for 12 years from its accession to the EU its legislation concerning the acquisition of agricultural land and forests. A Swiss national or a legal person constituted in accordance with Swiss law shall under no circumstances be treated, in respect of the acquisition of agricultural land and forests, less favourably than at the date of signature of the present Protocol. According to this legislation, a Swiss national must comply with the requirements laid down in the Act of 24 March 1920 on the acquisition of real property by foreigners ((Dz.U. 1996, Nr. 54, poz. 245 and amendments), as amended.

D. Swiss nationals who wish to establish themselves as independent farmers in Poland who have legally resided and leased land as natural or legal persons for at least three years without interruption are not Subject to the provisions of point c or to procedures other than those to which nationals of the Republic of Poland are subject in respect of the acquisition of agricultural land and forests as from accession to the EU. In the regions of Warminsko-Mazurskie, Pomorskie, Kujawsko-Pomorskie, Zachodniopomorskie, Lubuskie, Dolnooelasskie, Opolskie and Wielkopolskie, the period of residence and rental indicated in the preceding sentence is extended to seven years. The rental period preceding the acquisition of land shall be calculated individually for each Swiss national who has leased land in Poland from the certified date of the original lease. Self-employed farmers who have leased land not as natural persons but as legal persons may transfer the rights of legal persons under the lease to themselves as persons Physical. To calculate the rental period preceding the right of acquisition, the lease period as legal persons is counted. Rental contracts by natural persons can be supplied with a certified date retroactively and the entire lease period of the certified contracts is counted. The right of independent farmers to convert their current lease contract into a contract concluded as natural persons or in a written contract with a certified date shall not be subject to any time limit. The procedure for the transformation of leasing contracts is transparent and in no way constitutes a new obstacle.

These transitional measures are subject to a general review in the course of the third year following the accession of the Republic of Poland to the EU. To this end, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or close the transitional period provided for in a.

During the transitional period Poland shall apply an authorisation procedure provided for by law which ensures that the granting of authorisation for the acquisition of buildings in Poland is based on transparent, objective, stable and Public. These criteria are applied in a non-discriminatory manner.

9. Slovenia

A. If, until the end of a period of up to seven years after Slovenia's accession to the EU, difficulties arise, which are serious and which threaten to persist in the real estate market or which could lead to serious deterioration of the Real estate market in a given region, Slovenia may request authorisation to take protective measures to remedy the situation in that market.

B. At the request of Slovenia, the Joint Committee shall determine, as a matter of urgency, the protective measures which it considers necessary, specifying the conditions and procedures for their implementation.

C. In the event of serious difficulties in the housing market and at the express request of Slovenia, the Joint Committee shall act within five working days of receipt of the request accompanied by the necessary information. The measures thus decided shall be immediately applicable and shall take into account the interests of all the parties concerned.

D. The measures authorised 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

Slovakia may maintain in force for seven years from its accession to the EU its legislation concerning the acquisition of agricultural land and forests by non-residents. Under this legislation, a non-resident may acquire property rights in immovable property situated in the Slovak Republic with the exception of agricultural land and forests. The non-resident may acquire property rights in immovable property, the acquisition of which is limited by the special rules provided for in Law No. 202/1995 on Exchange Control, as amended.

B. A Swiss national may under no circumstances be treated, in respect of the acquisition of agricultural land and forests, less favourably than at the date of signature of this Protocol, nor be treated in a more restrictive manner than A third country national.

C. Swiss nationals who wish to establish themselves as self-employed farmers in Slovakia who have lawfully resident and engaged in agricultural activities for at least three years without interruption shall not be subject to the provisions of the item B or to rules and procedures other than those to which nationals of the Slovak Republic are subject.

D. These transitional measures are subject to a general review before the end of the third year following accession. To this end, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or close the transitional period provided for in a.

E. If the Slovak Republic submits the acquisition of buildings in Slovakia by non-residents to an authorisation procedure during the transitional period, this procedure shall be based on transparent, objective, stable and public criteria. These criteria are applied in a non-discriminatory manner and do not distinguish between Slovak and Swiss nationals.

F. If, at the end of the transitional period, there are sufficient indications of serious disturbances or the threat of serious disturbances of the Slovak agricultural property market, the Joint Committee, at the request of the Slovak Republic, may decide on Extend the transitional period for a maximum of three years.


1 Update according to Art. 2 let. C and 5 of the 26 Oct Prot. 2004 (extension of the Ac. On the free movement of persons to the new EC member states), approved by the Ass. Fed. Dec 17. 2004 ( RO 2006 995 979; FF 2004 5523 6187) and art. 2 hp. 3 of the Prot. Of 27 May 2008 (Participation of Bulgaria and Romania following their accession to the EU), approved by the Ass. Fed. June 13, 2008, effective from 1 Er June 2009 (RO 2009 2421 2411, 2012 4479; FF 2008 1927).

Annex II 1

Coordination of social security systems

Art. 1

The Contracting Parties agree to apply between themselves, in the field of coordination of social security systems, the legal acts of the European Union referred to in Section A of this Annex, such as As amended by the latter, or equivalent rules to them.

2. The term "Member State (s)" in the legal acts referred to in Section A of this Annex shall be deemed to apply, in addition to the States covered by the relevant legal acts of the European Union, to Switzerland.

Art. 2

For the purposes of this Annex, the Contracting Parties shall take into account the legal acts of the European Union referred to in Section B of this Annex.

2. For the purposes of this Annex, the Contracting Parties shall take note of the legal acts of the European Union referred to in Section C of this Annex.

Art. 3

Special provisions concerning the transitional unemployment insurance scheme applicable to nationals of certain Member States of the European Union with a Swiss residence permit of less than one year, the allowances Swiss for impotents and the benefits of vielle, survivors and invalidity professional foresight are set out in the Protocol attached to this Annex.

2. The Protocol shall form an integral part of this Annex.

Section A Legal acts referred to

1.
Regulation (EC) n O 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems 2 , modified by:
-
Regulation (EC) No O 988/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No O 883/2004 on the coordination of social security systems, and determining the content of its annexes 3 ,
-
Regulation (EU) n O 1244/2010 of the Commission of 9 December 2010 amending Regulation (EC) No O 883/2004 of the European Parliament and of the Council on the coordination of social security systems and Regulation (EC) n O 987/2009 of the European Parliament and of the Council laying down detailed rules for the application of Regulation (EC) No O 883/2004 4 ,
-
Regulation (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012 amending Regulation (EC) No O 883/2004 on the coordination of social security systems and Regulation (EC) n O 987/2009 laying down detailed rules for the application of Regulation (EC) No O 883/2004 5 ,
-
Regulation (EU) n O 1224/2012 of the Commission of 18 December 2012 amending Regulation (EC) No O 883/2004 of the European Parliament and of the Council on the coordination of social security systems and Regulation (EC) n O 987/2009 of the European Parliament and of the Council laying down detailed rules for the application of Regulation (EC) No O 883/2004 6 .

(a) Annex I, Section I, the following is added:

" Switzerland

Cantonal legislation relating to advances on food pensions based on art. 131, para. 2, and 293, para. 2, of the Swiss Civil Code. ';

(b) In Annex I, Section II, the following is added:

" Switzerland

Birth allowances and adoption allowances under the relevant cantonal laws, which are based on art. 3, para. 2, of the Federal Family Allowances Act. ";

(c) In Annex II, the following is added:

" Germany-Switzerland

(a)
With regard to the social security agreement of 25 February 1964 7 , as amended by the Complementary Agreements n O 1 of 9 September 1975 8 And n O 2 of 2 March 1989 9 :
(i)
Point 9b, para. 1, points 1 to 4 of the final protocol (legislation applicable to residents of the German enclave of Büsingen and their right to sickness benefits in kind);
(ii)
Paragraph 9, para. 1, and b, 1 Re , 2 E And 4 E Sentences, from the final protocol (access to voluntary health insurance in Germany following a transfer of residence).
(b)
With regard to the unemployment insurance agreement of 20 October 1982 10 , as amended by the Additional Protocol of 22 December 1992 11 :
(i)
Pursuant to Art. 8, para. 5, Germany (the municipality of Büsingen) participates, in the amount of the cantonal contribution under Swiss law, at the cost of the actual places of labour market measures occupied by workers subject to this provision.

Spain-Switzerland

Point 17 of the final protocol of the social security agreement of 13 October 1969 12 , as amended by the Supplementary Convention of 11 June 1982 13 ; persons affiliated with the Spanish insurance scheme under this provision are exempt from membership in Swiss health insurance.

Italy-Switzerland

Art. 9, para. 1 of the Social Security Convention of 14 December 1962 14 , as amended by the Complementary Agreement n O 1 of 18 December 1963 15 , the supplementary agreement of 4 July 1969 16 , the additional protocol of 25 February 1974 17 And the supplementary agreement n O 2 of 2 April 1980 18 . ";

(d) In Annex IV, the following is added:

" Switzerland ";

(e) Annex VIII, Part 1, the following is added:

" Switzerland

All applications for old-age, survivors and invalidity pensions under the basic scheme (Federal Law on Old Age and Survivor Insurance and Federal Disability Insurance Act), as well as old-age pensions under the scheme Compulsory retirement provision (Federal Act on Old Age, Survivors and Disability). ";

(f) In Annex VIII, Part 2, the following is added:

" Switzerland

Old-age, survivors and invalidity pensions under the compulsory occupational pension scheme (Federal Act on old-age pension, survivors and invalidity). ';

(g) In Annex IX, Part II, the following is added:

" Switzerland

Survivors'pensions and invalidity pensions under the compulsory occupational pension scheme (Federal Act on old-age pension, survivors and invalidity).';

(h) In Annex X, the following is added:

" Switzerland

1. The supplementary benefits (Federal Act on supplementary benefits of 6 October 2006) and similar benefits provided for in cantonal legislation.

2. Disburdensome annuities for disability insurance (art. 28, para. 1 Bis ), of the Federal Disability Insurance Act of June 19, 1959, as revised October 7, 1994).

3. Non-contributory benefits of mixed type in the event of unemployment, provided for in the cantonal legislation.

4. Non-contributory extraordinary annuities for invalids (art. 39 of the Federal Disability Insurance Act of 19 June 1959) which were not submitted, before their incapacity for work, to Swiss legislation on the basis of an employment or self-employed activity. ";

(i) In Annex XI, the following is added:

" Switzerland

1. Art. 2 of the Federal Act on Old Age and Survivors Insurance and Art. 1 of the Federal Disability Insurance Act, which governs optional insurance in those insurance branches for Swiss nationals resident in a State to which this Agreement does not apply, shall apply to persons resident Outside Switzerland who are nationals of other States to which this Agreement applies, as well as to refugees and stateless persons residing in the territory of those States, where such persons declare their accession to the optional insurance at most Later than one year from the day on which they ceased to be covered by the insurance Old age, survivors and invalidity after an uninterrupted period of insurance of at least five years.

2. When a person ceases to be covered by the Swiss old-age, survivors and invalidity insurance after an uninterrupted period of insurance of at least five years, the person shall have the right to continue the insurance with the agreement of the employer, if Shall work in a State to which this Agreement does not apply on behalf of an employer in Switzerland and if it so requests within six months from the day on which it ceases to be insured.

3. Compulsory insurance in Swiss health insurance and possible exemptions:

(a)
The Swiss legal provisions governing compulsory health insurance apply to the following persons who do not reside in Switzerland:
(i)
Persons subject to Swiss legal provisions under Title II of the Regulation;
(ii)
Persons for whom Switzerland will assume the burden of benefits under s. 24, 25 and 26 of the Regulations;
(iii)
Persons for the benefit of Swiss unemployment insurance;
(iv)
Members of the family of persons referred to in points (i) and (iii) or of an employee or self-employed person resident in Switzerland who is insured under the Swiss health insurance scheme, unless those members of the family reside in one of the States Denmark, Spain, Hungary, Portugal, Sweden or the United Kingdom;
(v)
The members of the family of persons referred to in point (ii) or of a pension holder resident in Switzerland who is insured under the Swiss health insurance scheme, unless those members of the family reside in one of the following states: Portugal, Sweden or the United Kingdom.
"Family members" means persons who are members of the family within the meaning of the law of the State of residence.
(b)
Persons referred to in point (a) may, at their request, be exempted from compulsory insurance as long as they reside in one of the following States and prove that they have coverage in the event of sickness: Austria, France and Italy and, as regards the persons referred to in point (a) (iv) and (v), Finland and, as regards the persons referred to in point (a) (ii), Portugal.
This request:
(aa)
Must be filed within three months of the occurrence of the obligation to insure in Switzerland; where, in justified cases, the application is filed after that period, the exemption enters into force at the beginning of the liability under the obligation Insurance;
(bb)
Applies to all family members residing in the same State.

4. Where a person subject to Swiss law under Title II of the Regulation is subject, for sickness insurance, in accordance with point 3, let. (b) the legal provisions of another State falling within the scope of this Agreement, the costs of benefits in kind in the event of a non-professional accident shall be apportioned in half between the Swiss insurance body covering the Occupational and non-occupational accidents and occupational diseases and the competent health insurance body of the other State, where there is a right to benefit from both bodies. The Swiss insurer competent for professional and non-professional accidents and occupational diseases is responsible for all costs in the event of a professional accident, accident on the way of work or sickness Even if there is a right to benefit from a sickness insurance organisation in the country of residence.

5. Persons who work in Switzerland but who do not reside in Switzerland and 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 s. 19 of the Regulation during their stay in Switzerland.

6. For the purposes of applying s. 18, 19, 20 and 27 of the Regulation in Switzerland, the competent insurer covers all costs invoiced.

7. The periods of insurance of daily allowances completed in the insurance of another State to which this Agreement applies shall be taken into account in order to reduce or remove a reservation in the insurance of daily allowances in the case of Maternity or sickness insurance when the person is insured with a Swiss insurer within three months of leaving the foreign insurance.

8. Where a person who was employed in Switzerland as a gainful or self-employed person covering his or her vital needs had to cease his activity as a result of an accident or illness and is no longer subject to Swiss insurance law Disability, it is considered to be covered by that insurance for the grant of rehabilitation measures up to the payment of a disability pension and during the period during which it benefits from those measures, provided that it does not Not a new activity outside Switzerland."

2.
Regulation (EC) n O 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down detailed rules for the application of Regulation (EC) No O 883/2004 on the coordination of social security systems 19 :
Modified by:
-
Regulation (EU) n O 1244/2010 of the Commission of 9 December 2010 amending Regulation (EC) No O 883/2004 of the European Parliament and of the Council on the coordination of social security systems and Regulation (EC) n O 987/2009 of the European Parliament and of the Council laying down detailed rules for the application of Regulation (EC) No O 883/2004 20 ,
-
Regulation (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012 amending Regulation (EC) No O 883/2004 on the coordination of social security systems and Regulation (EC) n O 987/2009 laying down detailed rules for the application of Regulation (EC) No O 883/2004 21 ,
-
Regulation (EU) n O 1224/2012 of the Commission of 18 December 2012 amending Regulation (EC) No O 883/2004 of the European Parliament and of the Council on the coordination of social security systems and Regulation (EC) n O 987/2009 of the European Parliament and of the Council laying down detailed rules for the application of Regulation (EC) No O 883/2004 22 .
For the purposes of this Agreement, Regulation (EC) No O 987/2009 is adapted as follows:

In Annex 1, the following is added:

" The Franco-Swiss Agreement of 26 October 2004 23 Laying down the special arrangements for the settlement of health care claims. '

3.
Regulation (EEC) n O Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community 24 , as last amended by Regulation (EC) No O 592/2008 European Parliament and Council of 17 June 2008 25 , as applicable between Switzerland and the Member States before the entry into force of this Decision, insofar as Regulation (EC) No O 883/2004 or (EC) n O 987/2009 refers to it or when cases have taken place in the past.
4.
Council Regulation (EEC) No 574/72 of 21 March 1972 laying down detailed rules for the application of Regulation (EEC) No O 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community 26 , as last amended by Regulation (EC) No O 120/2009 of 9 February 2009 27 , as applicable between Switzerland and the Member States before the entry into force of this Decision, insofar as Regulation (EC) No O 883/2004 or (EC) n O 987/2009 refers to it or when cases have taken place in the past.
5.
Council Directive 98 /49/EC of 29 June 1998 on the safeguarding of supplementary pension rights for employed and non-salaried workers moving within the Community 28 .

Section B Legal acts which the Contracting Parties take into account

1.
Decision A1 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the establishment of a procedure for dialogue and conciliation on the validity of documents, the determination of the Applicable legislation and the service of benefits under Regulation (EC) No O 883/2004 European Parliament and Council 29 .
2.
Decision A2 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the interpretation of Art. 12 of Regulation (EC) No O 883/2004 of the European Parliament and of the Council on the legislation applicable to posted employees and to non-salaried workers who temporarily operate outside the competent State 30 .
3.
Decision A3 of the Administrative Commission for the Coordination of Social Security Systems of 17 December 2009 concerning the aggregation of periods of uninterrupted secondment completed in accordance with Regulation (EEC) No O Council and Regulation (EC) No 1408/71 O 883/2004 European Parliament and Council 31 .
4.
Decision E1 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 laying down the practical arrangements for the transitional period for the exchange of data by electronic means referred to in Art. 4 of Regulation (EC) No O 987/2009 European Parliament and Council 32 .
5.
Decision F1 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the interpretation of Art. 68 of the Regulation (EC) n O 883/2004 of the European Parliament and of the Council on rules of priority in the event of multiple family benefits 33 .
6.
Decision H1 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the transition of Council Regulations (EEC) n O 1408/71 and (EEC) n O 574/72 to the regulations of the European Parliament and of the Council (EC) n O 883/2004 and (EC) n O 987/2009 and the implementation of the decisions and recommendations of the Administrative Commission for the Coordination of Social Security Systems 34 .
7.
Decision H2 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the way of operation and the composition of the technical committee for the processing of information close to the committee Administrative for the coordination of social security systems 35 .
8.
Decision H3 of the Administrative Commission for the Coordination of Social Security Systems of 15 October 2009 on the date to be taken into account in establishing the exchange rates referred to in Art. 90 of the Regulation (EC) n O 987/2009 European Parliament and Council 36 .
9.
Decision H4 of the Administrative Commission for the Coordination of Social Security Systems of 22 December 2009 concerning the composition and functioning of the Committee of Auditors by the Administrative Commission for the Coordination of social security systems 37 .
10.
Decision H5 of the Administrative Commission for the Coordination of Social Security Systems of 18 March 2010 concerning cooperation in the fight against fraud and errors in the framework of the Regulations (EC) n O 883/2004 of the Council and (EC) n O 987/2009 of the European Parliament and of the Council on the coordination of social security systems 38 .
11.
Decision P1 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the interpretation of Art. 50, para. 4, art. 58 and art. 87, para. 5, of Regulation (EC) No O 883/2004 of the European Parliament and of the Council for the winding-up of invalidity, old age and survivors' benefits 39 .
12.
Decision S1 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 on the European Health Insurance Card 40 .
13.
Decision S2 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the technical features of the European Health Insurance Card 41 .
14.
Decision S3 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 defining the benefits covered by s. 19, para. 1, and art. 27, para. 1, of Regulation (EC) No O 883/2004 of the European Parliament and of the Council and Art. 25, section A, para. 3, of Regulation (EC) No O 987/2009 European Parliament and Council 42 .
15.
Decision S4 of the Administrative Commission for the Coordination of Social Security Systems of 2 October 2009 concerning repayment terms for the application of art. 35 and 41 of Regulation (EC) No O 883/2004 European Parliament and Council 43 .
16.
Decision S5 of the Administrative Commission for the Coordination of 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 O 883/2004 of the European Parliament and of the Council in the event of sickness or maternity and referred to in art. 17, 19, 20 and 22, art. 24, para. 1, art. 25 and 26, art. 27, para. 1, 3, 4 and 5, s. 28 and 34 and art. 36, para. 1 and 2 of Regulation (EC) No O 883/2004, and concerning the determination of amounts to be repaid under Art. 62, 63 and 64 of the Regulation (EC) n O 987/2009 European Parliament and Council 44 .
17.
Decision n O S6 of the Administrative Commission for the Coordination of Social Security Systems of 22 December 2009 concerning the registration in the Member State of residence provided for in Art. 24 of Regulation (EC) No O 987/2009 and the preparation of the inventories provided for in Art. 64, para. 4 of the said Regulation 45 .
18.
Decision n O S7 of the Administrative Commission for the Coordination of Social Security Systems of 22 December 2009 concerning the transition of the Regulations (EEC) n O 1408/71 and (EEC) n O 574/72 to Regulations (EC) n O 883/2004 and (EC) n O 987/2009 and the application of the refund procedures 46 .
19.
Decision U1 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning Art. 54, para. 3, of Regulation (EC) No 987/2009 of the European Parliament and of the Council on increases in unemployment benefits for family dependants 47 .
20.
Decision U2 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the scope of art. 65, para. 2, of Regulation (EC) No 883/2004 of the European Parliament and of the Council, relating to the right to unemployment benefits of persons in full unemployment other than frontier workers who resided in the territory of a Member State other than the State Competent during their last period of employment or self-employment 48 .
21.
Decision U3 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 on the scope of the concept of "partial unemployment" applicable to the unemployed referred to in Art. 65, para. 1, of Regulation (EC) No O 883/2004 European Parliament and Council 49 .
22.
Decision n O E2 of the Administrative Commission for the Coordination of Social Security Systems of 3 March 2010 concerning the establishment of a procedure for the management of the modification of information relating to the bodies defined in Article 1 of the Regulation (EC) n O 883/2004 of the European Parliament and of the Council and in the electronic directory forming an integral part of the EESSI 50 .
23.
Decision n O E3 of the Administrative Commission for the Coordination of Social Security Systems of 19 October 2011 concerning the transitional period defined in Art. 95 of the Regulation (EC) n O 987/2009 European Parliament and Council 51 .
24.
Decision n O H6 of the Administrative Commission for the Coordination of Social Security Systems of 16 December 2010 on the application of certain principles concerning the aggregation of periods under Art. 6 of Regulation (EC) No O 883/2004 on the coordination of social security systems 52 .
25.
Decision n O S8 of the Administrative Commission for the Coordination of Social Security Systems of 15 June 2011 concerning the grant of prostheses, large apparatus or other benefits in kind of a major importance referred to in Art. 33 of the Regulation (EC) n O 883/2004 on the coordination of social security systems 53 .
26.
Decision n O U4 of the Administrative Commission for the Coordination of Social Security Systems of 13 December 2011 concerning reimbursement procedures under Art. 65, para. 6 and 7 of Regulation (EC) No O 883/2004 and art. 70 of the Regulation (EC) n O 987/2009 54 .

Section C Legal acts of which the Contracting Parties take note

1.
Recommendation U1 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 on the legislation applicable to unemployed persons engaged in part-time work in a Member State other than State of residence 55 .
2.
Recommendation U2 of the Administrative Commission for the Coordination of Social Security Systems of 12 June 2009 concerning the application of art. 64, para. 1 (a) of Regulation (EC) No O 883/2004 of the European Parliament and of the Council to the unemployed accompanying their spouse or partner engaged in a professional activity in a Member State other than the competent State 56 .
3.
Recommendation S1 of the Administrative Commission for the Coordination of Social Security Systems of 15 March 2012 on the financial aspects of cross-border donations of organs of living donors 57 .

Protocol to Annex II to the Agreement

I. Unemployment insurance

The following provisions shall apply to workers who are nationals of the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, Republic of Slovenia and the Slovak Republic until 30 April 2011 and workers who are nationals of the Republic of Bulgaria and Romania until 31 May 2016.

1.
With regard to the unemployment insurance of employed persons for the benefit of a residence permit of less than one year, the following scheme shall apply:
1.1
Only workers who have contributed to Switzerland for the minimum period required by the Federal Law on Compulsory Unemployment Insurance and Insolvencies (LACI) 58 And, in addition, the other conditions of entitlement to unemployment benefit are entitled to unemployment insurance benefits under the conditions laid down by law.
1.2
Part of the proceeds of contributions collected for workers who have contributed for a period too short to have the right to unemployment benefit in Switzerland in accordance with point 1.1 shall be returned to their countries of origin in accordance with the procedure As a contribution to the costs of the benefits paid to these workers in the event of complete unemployment; these workers are therefore not entitled to unemployment insurance benefits in the event of complete unemployment in Switzerland. However, they are entitled to compensation in the event of inclement and insolvency of the employer. Benefits in the event of full unemployment are assumed by the State of origin, provided that the workers make it available to the employment services. Periods of insurance completed in Switzerland shall be taken into account as if they had been completed in the State of origin.
1.3
The part of contributions collected for workers referred to in 1.2 shall be reimbursed annually in accordance with the following provisions:
(a)
The product of the contributions of these workers is calculated, by country, on the basis of the annual number of workers employed and the average annual contributions paid for each worker (employer and worker contributions).
(b)
From the amount so calculated, a part corresponding to the percentage of the unemployment benefit in relation to all the other types of allowances referred to in point 1.2 shall be reimbursed to the States of origin of the workers and a party shall be retained by the Switzerland as a reserve for future benefits 59 .
(c)
Switzerland transmits the balance of contributions each year. It shall indicate to the States of origin, if they so request, the bases of calculation and the amount of the retrocession. The countries of origin shall communicate annually to Switzerland the number of beneficiaries of unemployment benefits referred to in section 1.2.
2.
In case of difficulty for a Member State, due to the end of the system of retrocession, or for Switzerland, due to the system of aggregation, the Joint Committee may be seized by one of the Contracting Parties.

II. Impotent Allocations

The incapacity allowances provided for by the Federal Act of 19 June 1959 on Disability Insurance (ATIA) and the Federal Act of 20 December 1946 on the old-age and survivors insurance (LAVS), in their revised versions of 8 October 1999, will be Only if the data subject resides in Switzerland.

III. Old Age, Survivors and Disability Insurance

Notwithstanding Art. 10, para. 2, of Regulation (EEC) No O 1408/71 of the Council, the provision of exit provided for by the Swiss Federal Law on the free movement of old-age, survivors and invalidity pension of 17 December 1993 will be paid on request to an employed or non-employed person Employee who intends to leave Switzerland permanently and will no longer be subject to Swiss legislation in accordance with the provisions of Title II of the Regulation, provided that the person leaves Switzerland within 5 years of entry into force Of this Agreement.


1 New content according to the c. 1 of D n O 1/2012 of the Joint Committee of 31 March 2012 ( RO 2012 2345 ). Update according to Art. 1 of D No 1/2014 of the Joint Committee of 28 November 2014, in force since 1 Er Jan 2015 (RO) 2015 333).
2 OJ L 166, 30.4.2004, p. 1; RS 0.831.109.268.1 .
3 OJ L 284, 30.10.2009, p. 43.
4 OJ L 338, 22.12.2010, p. 35.
5 OJ L 149, 8.6.2012, p. 4.
6 OJ L 349, 19.12.2012, p. 45.
7 RS 0.831.109.136.1
8 RS 0.831.109.136.121
9 RS 0.831.109.136.122
10 RS 0.837.913.6
11 RS 0.837.913.61
12 RS 0.831.109.332.2
13 RO 1983 1369
14 RS 0.831.109.454.2
15 RS 0.831.109.454.22
16 RS 0.831.109.454.21
17 RS 0.831.109.454.211
18 RS 0.831.109.454.24
19 OJ L 284, 30.10.2009, p. 1; RS 0.831.109.268.11 .
20 OJ L 338, 22.12.2010, p. 35.
21 OJ L 149, 8.6.2012, p. 4.
22 OJ L 349, 19.12.2012, p. 45.
23 Not published to the OR.
24 RO 2004 121 , 2008 4219 4273, 2009 4831.
25 OJ L 177, 4.7.2008, p. 1.
26 RO 2005 3909 , 2008 4273, 2009 621 4845
27 OJ L 39, 10.2.2009, p. 29.
28 OJ L 209, 25.7.1998, p. 46.
29 OJ C 106, 24.4.2010, p. 1.
30 OJ C 106, 24.4.2010, p. 5.
31 OJ C 149, 8.6.2010, p. 3.
32 OJ C 106, 24.4.2010, p. 9.
33 OJ C 106, 24.4.2010, p. 11.
34 OJ C 106, 24.4.2010, p. 13.
35 OJ C 106, 24.4.2010, p. 17.
36 OJ C 106, 24.4.2010, p. 56.
37 OJ C 107, 27.4.2010, p. 3.
38 OJ C 149, 8.6.2010, p. 5.
39 OJ C 106, 24.4.2010, p. 21.
40 OJ C 106, 24.4.2010, p. 23.
41 OJ C 106, 24.4.2010, p. 26.
42 OJ C 106, 24.4.2010, p. 40.
43 OJ C 106, 24.4.2010, p. 52.
44 OJ C 106, 24.4.2010, p. 54.
45 OJ C 107, 27.4.2010, p. 6.
46 OJ C 107, 27.4.2010, p. 8.
47 OJ C 106, 24.4.2010, p. 42.
48 OJ C 106, 24.4.2010, p. 43.
49 OJ C 106, 24.4.2010, p. 45.
50 OJ C 187, 10.7.2010, p. 5. [Electronic exchange of information on social security.]
51 OJ C 12, 14.1.2012, p. 6.
52 OJ C 45, 12.2.2011, p. 5.
53 OJ C 262, 6.9.2011, p. 6.
54 OJ C 57, 25.2.2012, p. 4.
55 OJ C 106, 24.4.2010, p. 49.
56 OJ C 106, 24.4.2010, p. 51.
57 OJ C 240, 10.8.2012, p. 3.
58 Who is 12 months old.
59 Dioceded contributions for workers who exercise their right to unemployment insurance in Switzerland after having contributed for at least 12 months-in several stays-within two years.

Annex III 1

Mutual recognition of professional qualifications

(Diplomas, certificates and other titles)

The Contracting Parties agree to apply between themselves, in the field of mutual recognition of professional qualifications, the legal acts and communications of the European Union (EU) to which reference is made to Section A of this Annex, in accordance with the scope of the Agreement.

2. Except as otherwise provided, the term "Member State (s)" in the acts referred to in Section A of this Annex shall be considered to apply to Switzerland, in addition to the States covered by the legal acts of the Union European in question.

3. For the purposes of this Annex, the Contracting Parties shall take note of the legal acts of the European Union referred to in Section B of this Annex.

Section A: Acts to which reference is made:

1
A. 32005 L 0036: Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22),
Modified by:
-
Council Directive 2006 /100/EC of 20 November 2006 adapting certain directives in the field of the free movement of persons, due to the accession of Bulgaria and Romania (OJ L 363, 20.12.2006, p. 141),
-
Regulation (EC) No O 1430/2007 of the Commission of 5 December 2007 amending Annexes II and III of Directive 2005 /36/EC of the European Parliament and of the Council on the recognition of professional qualifications (OJ L 320, 6.12.2007, p. 3),
-
Regulation (EC) No O Commission of 31 July 2008 amending Annex II to Directive 2005 /36/EC of the European Parliament and of the Council on the recognition of professional qualifications (OJ L 205, 1.8.2008, p. 10),
-
Regulation (EC) No O 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 on the recognition of professional qualifications (OJ L 93, 7.4.2009, p. 11),
-
Regulation (EU) n O 213/2011 of the Commission of 3 March 2001 amending Annexes II and V to Directive 2005 /36/EC of the European Parliament and of the Council on the recognition of professional qualifications (OJ L 59, 4.3.2011, p. 4),
-
Notification of titles in architecture (OJ C 332, 30.12.2006, p. 35),
-
The notification of titles in architecture (OJ C 148, 24.6.2006, p. 34),
-
The notification of titles in architecture (OJ C 3, 6.1.2006, p. 12),
-
Commission communication-Notification of dental specialist titles (OJ C 165, 19.7.2007, p. 18),
-
Communication from the Commission-Notification of titles for specialist doctors and general practitioners (OJ C 165, 19.7.2007, p. 13),
-
Communication from the Commission-Notification of qualifications of specialist doctors, nurses responsible for general care, specialists in dentistry specialist, midwife and architect (OJ C 137, 4.6.2008, p. 8),
-
Communication-Notification of training titles-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 322, 17.12.2008, p. 3),
-
Commission communication-Notification of professional associations or organisations listed in Annex I to Directive 2005 /36/EC which comply with the conditions laid down in Art. 3, para. 2 (OJ C 111, 15.5.2009, p. 1),
-
Commission communication-Notification of training titles-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 114, 19.5.2009, p. 1),
-
Commission communication-Notification of training titles-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 279, 19.11.2009, p. 1),
-
Commission communication-Notification of training titles-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 129, 19.5.2010, p. 3),
-
Commission communication-Notification of training documents-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 337, 14.12.2010, p. 10),
-
The Corrigendum to Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 271, 16.10.2007, p. 18),
-
The Corrigendum to Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 93, 4.4.2008, p. 28),
-
Regulation (EU) n O 623/2012 of the Commission of 11 July 2012 amending Annex II to Directive 2005 /36/EC of the European Parliament and of the Council on the recognition of professional qualifications (OJ L 180, 12.07.2012, p. 9),
-
Communication from the Commission-Notification of professional associations or organisations fulfilling the requirements of Art. 3, para. 2, and set out in Annex I to Directive 2005 /36/EC (OJ C 182, 23.6.2011, p. 1),
-
Commission communication-Notification of training titles-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 183, 24.6.2011, p. 1),
-
Commission communication-Notification of training titles-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 367, 16.12.2011, p. 5),
-
Commission communication-Notification of training titles-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 244, 14.8.2012, p. 1),
-
Commission communication-Notification of training titles-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 396, 21.12.2012, p. 1),
-
Commission communication-Notification of training titles-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 183, 28.6.2013, p. 4),
-
Commission communication-Notification of training titles-Directive 2005 /36/EC on the recognition of professional qualifications (Annex V) (OJ C 301, 17 October 2013, p. 1).
B.
For the purposes of this Agreement, Directive 2005 /36/EC is adapted as follows:
1.
The procedures referred to in the following Articles of the Directive shall not apply between the Contracting Parties:
-
Art. 3, para. 2, para. 3-procedure for updating Annex I to the Directive,
-
Art. 11, point (c) ii, last sentence-procedure for updating Annex II to the Directive,
-
Art. 13, para. 2, al.3-procedure for updating Annex III to the Directive,
-
Art. 14, para. 2, para. 2 and 3-procedure applicable in case of derogation from the right of the migrant to choose between an adjustment period and a aptitude test,
-
Art. 15, para. 2 and 5-procedure for the adoption or revocation of common platforms,
-
Art. 20-procedure for amending Annex IV to the Directive,
-
Art. 21, para. 6, para. 2-procedure for updating knowledge and skills,
-
Art. 21, para. 7-procedure for updating Annex V to the Directive,
-
Art. 25, para. 5-procedure for updating minimum training periods for specialist doctors,
-
Art. 26, para. 2-procedure for insertion of new medical specialisations,
-
Art. 31, para. 2, para. 2-procedure for updating the training of nurses responsible for general care,
-
Art. 34, para. 2, para. 2-procedure for updating the training of dental practitioners,
-
Art. 35, para. 2, para. 3-procedure for updating minimum training times for specialist dentistry practitioners,
-
Art. 38, para. 1, para. 2-procedure for updating veterinary training,
-
Art. 40, para. 1, para. 3-procedure for updating the training of midwives,
-
Art. 44, para. 2, para. 2-procedure for updating the training of pharmacists,
-
Art. 46, para. 2-procedure for updating the knowledge and skills relating to the architectural profession,
-
Art. 61-derogation clause.
2.
In Art. 56, paras. 3 and 4 are implemented as follows:
The Commission shall inform the Member States of the information relating to the competent authorities and the coordinator designated by Switzerland as soon as the latter has informed it, by putting the Joint Committee in a copy.
3.
In Art. 57, the second subparagraph shall be implemented as follows:
The coordinator appointed by Switzerland shall inform the Commission by making a copy of the Joint Committee.
4.
Art. 63 does not apply. However, the Swiss Coordinator appointed by Switzerland in accordance with Art. 56 of Directive 2005 /36/EC informs the Commission, by putting the Joint Committee in a copy, of the legislation adopted on the basis of the legal acts and communications referred to in point 1 a. Art. 58 and 64 do not apply.
C.
Annex II (1) of the Directive is supplemented by the following:
" In Switzerland:
-
Optician graduate, diplomierter Augenoptiker, ottico diplomato
Requires at least 17 years of education consisting of at least 9 years of general education, 4 years of vocational education and training provided in part at the workplace and partly by a professional institution, followed by a Apprenticeship or a 4-year internship, of which 2 years can be devoted to following a full-time private education, all sanctioned by a higher professional education exam. The holder of this diploma is authorised to adapt contact lenses or to carry out eye examinations either as an independent or as an employee.
-
Audioprothetist with federal patent, Hörgeräte-Akustiker mit eidg. Fachausweis, audioprotesista con attestato federale
Requires at least 15 years of education consisting of at least 9 years of general education, at least 3 years of vocational education and training provided in part at the workplace and partly by a professional institution, followed A 3-year apprenticeship or internship, including private education, all sanctioned by a vocational training examination. The holder of this diploma is entitled to practise his profession either as an independent person or as an employed person.
-
Graduate orthopaedic specialist, diplomierter Orthopädie-Schuhmachermeister, calzolaio ortopedico diplomato
Requires at least 17 years of education consisting of at least 9 years of general education, 4 years of vocational education and training provided in part at the workplace and partly by a professional institution, followed by a Apprenticeship or a 4-year internship, including private education, which is subject to a higher professional training examination. The holder of this diploma is entitled to practise his profession either as an independent person or as an employed person.
-
Technician dentist, teacher, diplomierter Zahntechnikermeister, odontotecnico, maestro
Requires at least 18 years of education consisting of at least 9 years of general education, 4 years of vocational education and training provided in part at the workplace and partly by a professional institution, followed by a Apprenticeship or a 5-year internship, including private education, which is subject to a higher professional training examination. The holder of this diploma is entitled to practise his profession either as an independent person or as an employed person.
-
Orthopaedic graduate, diplomierter Orthopädist, ortopedista diplomato
Requires at least 18 years of education consisting of at least 9 years of general education, 4 years of vocational education and training provided in part at the workplace and partly by a professional institution, followed by a Apprenticeship or a 5-year internship, including private education, which is subject to a higher professional training examination. The holder of this diploma is entitled to practise his profession either as an independent person or as an employee."
D.
Annex II, point 4, of the Directive is supplemented by the following:
" In Switzerland:
-
Mountain Guide with Federal Patent, Bergführer mit eidg. Fachausweis, guida alpina con federale
Requires at least 13 years of education consisting of at least 9 years of general education, 4 years of vocational training provided under the supervision of a qualified professional, including private education, all sanctioned by a review of Vocational training. The holder of this diploma is entitled to practise as an independent.
-
Professor of snow sports with federal patent, Schneesportlehrer mit eidg. Fachausweis, Maestro di sport sulla neve con attestato federale
Requires at least 15 years of education consisting of at least 9 years of general education, 4 years of vocational education and training provided in part at the workplace and partly by a professional institution or 4 years Professional experience, followed by teaching and a 2-year learning experience, all sanctioned by a vocational training exam. The holder of this diploma is entitled to practise his profession as an independent."
E.
Annex V, point 5.1.1., of the Directive, is supplemented by the following:

"

Country

Training Title

Organization that issues the training title

Certificate that accompanies the training title

Reference Date

Switzerland

Federal physician diploma

Eidgenössisches Arztdiplom

Federal Medical Diploma

Federal Department of the Interior

Eidgenössisches Department of Innern

Dipartimento federale dell' interno

1 Er June 2002

"

F.
Annex V, point 5.1.2 to the Directive is supplemented by the following:

"

Country

Training Title

Organization that issues the training title

Reference Date

Switzerland

Specialist medical degree

Diplom als Facharzt

Diploma di medico

Federal Department of the Interior and Federation of Swiss Physicians

Eidgenössisches Department of Innern und Verbindung der Schweizer Ärztinnen und Ärzte

Dipartimento federale dell' interno e Federazione dei medici svizzeri

1 Er June 2002

"

G.
Annex V, point 5.1.3 of the Directive is supplemented by the following:

"

Country

Name

Anesthesiology Minimum training time: 3 years

Switzerland

Anesthesiology Anesthesiology Anestesiologia

General Surgery Minimum training time: 5 years

Switzerland

Surgery Surgery Chirurgia

Neurosurgery Minimum Training Duration: 5 years

Switzerland

Neurosurgery Neurosurgery Neurosurgery

Obstetrics and Gynecology Minimum training time: 4 years

Switzerland

Gynecology and Obstetrics Gynäkologie und Geburtshilfe Ginecologia e ostetricia

Internal Medicine

Minimum training time: 5 years

Switzerland

General Internal Medicine

Allgemeine Innere Medizin

Medicina interna generale

Ophthalmology Minimum training time: 3 years

Switzerland

Ophthalmology

Ophthalmology Oftalmologia

Oto-rhino-laryngology Minimum training time: 3 years

Switzerland

Oto-rhino-laryngology Oto-Rhino-Laryngology Otorinolaringoiatria

Pediatrics Minimum training time: 4 years

Switzerland

Pédiatrie Kinder-und Jugendmedizin Pediatria

Pneumology Minimum training time: 4 years

Switzerland

Pneumology Pneumology Pneumologia

Urology Minimum training time: 5 years

Switzerland

Urology Urology Urology

Orthopaedics Minimum training time: 5 years

Switzerland

Orthopedic Surgery and Trauma Orthopädische Chirurgie und Traumatology des Bewegungsapparates Chirurgia ortopedica e traumatologia del sistema motorio

Pathological Anatomy Minimum Training Duration: 4 years

Switzerland

Pathology Pathology Patologia

Neurology Minimum training time: 4 years

Switzerland

Neurology Neurology Neurology

Psychiatry Minimum training duration: 4 years

Switzerland

Psychiatry and psychotherapy Psychiatry und Psychotherapie Psichiatria e psicoterapia

Radiodiagnostic Minimum period of training: 4 years

Switzerland

Radiology Radiology Radiology

Radiotherapy Minimum training time: 4 years

Switzerland

Radio-Oncology/Radiotherapy Radio-Onkologie/Strahlentherapie Radio-oncology/radioterapia

Aesthetic Surgery Minimum Training Duration: 5 years

Switzerland

Plastic, reconstructive and aesthetic surgery Plastische, Rekonstruktive und Ästhetische Chirurgie Chirurgia plastica, ricostruttiva ed estetica

Thoracic Surgery Minimum Training Duration: 5 years

Switzerland

Cardiac and thoracic surgery Herz-und thorakale Gefässsurgery Chirurgia del cuore e dei vasi toracici

Pediatric Surgery Minimum Training Duration: 5 years

Switzerland

Pediatric Surgery Kindersurgery Chirurgia pediatrica

Cardiology Minimum training time: 4 years

Switzerland

Cardiology Kardiology Cardiology

Gastroenterology Minimum training time: 4 years

Switzerland

Gastroenterology Gastroenterology Gastroenterologia

Rheumatology Minimum training time: 4 years

Switzerland

Rheumatology Rheumatology Reumatologia

General Hematology Minimum Training Duration: 3 years

Switzerland

Hematology Hämatology Ematologia

Endocrinology Minimum training time: 3 years

Switzerland

Endocrinology-diabetology Endokrinologie-Diabetology Endocrinologia-diabetologia

Physiotherapy Minimum training time: 3 years

Switzerland

Physical Medicine and Rehabilitation Physikalische Medizin und Rehabilitation Medicina fisica e riabilitazione

Dermato-veneology Minimum period of training: 3 years

Switzerland

Dermatology and venology Dermatology und Venerologie Dermatologia e venerologia

Tropical Medicine Minimum training time: 4 years

Switzerland

Tropical Medicine and Travel Medicine Tropen-und Reisemedizin Medicina tropical e medicina di viaggio

Child Psychiatry Minimum training time: 4 years

Switzerland

Psychiatry and psychotherapy of children and adolescents Kinder-und Jugendpsychiatry und -psychotherapie Psichiatria e psicoterapia infantile e dell' Adolescenza

Renal diseases Minimum period of training: 4 years

Switzerland

Nephrology Nephrology Nefrologia

Communicable Diseases Minimum Training Duration: 4 years

Switzerland

Infectiology Infektiology Infective Malattie

Public health and social medicine Minimum training time: 4 years

Switzerland

Prevention and public health Prävention und Gesundheitswesen Prevenzione e salute pubblica

Pharmacology Minimum training time: 4 years

Switzerland

Clinical Pharmacology and Toxicology Klinische Pharmakologie und Toxikologie Farmacologia e tossicologia cliniche

Work medicine Minimum training time: 4 years

Switzerland

Occupational Medicine Arbeitsmedizin Medicina del lavoro

Allergology Minimum training time: 3 years

Switzerland

Allergologie et immunologie clinique Allergologie und klinische Immunologie Allergologia e immunologia clinica

Nuclear medicine Minimum training time: 4 years

Switzerland

Nuclear Medicine Nuklearmedizin Medicina nucleare

Dental, oral and maxillofacial surgery (basic medical education and dental training) Minimum period of training: 4 years

Switzerland

Oral and maxillofacial surgery Mund -, Kiefer-und Gesichtschirurgy Chirurgia oro-maxillo-facciale

Medical Oncology

Minimum training time: 5 years

Switzerland

Medical Oncology

Medizinische Onkologie

Medica Oncology

Medical Genetics

Minimum training time: 4 years

Switzerland

Medical Genetics

Medizinische Genetik

Genetica medica

"

H.
Annex V, point 5.1.4 of the Directive is supplemented by the following:

"

Country

Training Title

Professional Title

Reference Date

Switzerland

Practitioner's Degree

Diplom als praktischer Arzt/praktische Ärztin

Diploma di medico generico

Medical Practitioner

Praktischer Arzt

Medico generico

1. Juni 2002

"

I.
Annex V, point 5.2.2 of the Directive, is supplemented by the following:

"

Country

Training Title

Organization that issues the training title

Professional Title

Reference Date

Switzerland

Graduated Nurse and Registered Nurse

1. Diplomierte Pflegefachfrau, diplomierter Pflegefachmann

Infermiera diplomata e infermiere diplomato

Schools offering State-recognised training courses

Schulen, die staatlich anerkannte Bildungsgänge durchführen

Scuole che propongono dei cicli di formazione riconosciuti dallo Stato

Nurse, nurse

Pflegefachfrau Pflegefachmann

Infermiera, infermiere

1 Er June 2002

Bachelor of Science in Nursing

Schools offering State-recognised training courses

Schulen, die staatlich anerkannte Bildungsgänge durchführen

Scuole che propongono dei cicli di formazione riconosciuti dallo Stato

Nurse, nurse

Pflegefachfrau Pflegefachmann

Infermiera, infermiere

September 30, 2011

Switzerland

3. Nurse Graduates ES, Registered Nurses ES

Diplomierte Pflegefachfrau HF, diplomierter Pflegefachmann HF

Infermiera diplomata SSS, infermiere diplomato SSS

Higher schools offering State-recognised training courses

Höhere Fachschulen, die staatlich anerkannte Bildungsgänge durchführen

Scuole specializzate superiority che propongono dei cicli di formazione riconosciuti dallo Stato

Nurse, nurse

Pflegefachfrau Pflegefachmann

Infermiera, infermiere

1 Er June 2002

"

J.
Annex V, point 5.3.2 of the Directive is supplemented by the following:

"

Country

Training Title

Organization that issues the training title

Certificate that accompanies the training title

Professional Title

Reference Date

Switzerland

Federal doctor-dentist diploma

Eidgenössisches Zahnarztdiplom

Diploma federale di medico-dentista

Federal Department of the Interior

Eidgenössisches Department of Innern

Dipartimento federale dell' interno

Physician-dentist

Zahnarzt

Medico-dentista

1 Er June 2002

"

K.
Annex V, point 5.3.3 of the Directive is supplemented by the following:

"

Orthodontic

Country

Training Title

Organization that issues the training title

Reference Date

Switzerland

Federal Orthodontist Diploma

Diplom für Kieferorthopädie

Diploma di ortodontista

Federal Department of the Interior and Swiss Society of Odonto Stomatology

Eidgenössisches Department of Innern und Schweizerische Zahnärzte-Gesellschaft

Dipartimento federale dell' interno e Società Svizzera di Odontologia e Stomatologia

1 Er June 2002

Oral Surgery

Country

Training Title

Organization that issues the training title

Reference Date

Switzerland

Federal Diploma of Oral Surgery

Diplom für Oralurgery

Oral Surgeon Diploma

Federal Department of the Interior and Swiss Society of Odonto Stomatology

Eidgenössisches Department of Innern und Schweizerische Zahnärzte-Gesellschaft

Dipartimento federale 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:

"

Country

Training Title

Organization that issues the training title

Certificate that accompanies the training title

Reference Date

Switzerland

Federal veterinary diploma

Eidgenössisches Tierarztdiplom

Diploma federale di veterinario

Federal Department of the Interior

Eidgenössisches Department of Innern

Dipartimento federale dell' interno

1 Er June 2002

"

M.
Annex V, point 5.5.2 of the Directive is supplemented by the following:

"

Country

Training Title

Organization that issues the training title

Professional Title

Reference Date

Switzerland

1. Sage-female graduate

Hebamme Diplomacy

Levatrice diplomata

Schools offering State-recognised training courses

Schulen, die staatlich anerkannte Bildungsgänge durchführen

Scuole che propongono dei cicli di formazione riconosciuti dallo Stato

Sage-woman

Hebamme

Levator

1 Er June 2002

2. [Bachelor of Science [Name of the UAS] in Midwifery]

Bachelor of Science HES-SO (Bachelor of Science HES-SO in Midwifery)

Bachelor of Science BFH in Midwifery

Bachelor of Science ZFH in Midwifery

Schools offering State-recognised training courses

Schulen, die staatlich anerkannte Bildungsgänge durchführen

Scuole che propongono dei cicli di formazione riconosciuti dallo Stato

Sage-woman

Hebamme

Levator

1 Er June 2002

"

N.
Annex V, point 5.6.2 of the Directive is supplemented by the following:

"

Country

Training Title

Organization that issues the training title

Certificate that accompanies the training title

Reference Date

Switzerland

Federal Pharmacy Diploma

Eidgenössisches Apothekerdiplom

Diploma federale di farmacista

Federal Department of the Interior

Eidgenössisches Department of Innern

Dipartimento federale dell' interno

1 Er June 2002

"

O.
Annex V, point 5.7.1 of the Directive is supplemented by the following:

"

Country

Training Title

Organization that issues the training title

Certificate that accompanies the training title

Academic reference year

Switzerland

Diploma di architettura (Arch. Dipl. 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 School of Specialized Western Switzerland (HES-SO) zusammen mit der Berner Fachhochschule (BFH)

-

2007-2008

Master of Arts BFH/ HES-SO in Architektur, Master of Arts BFH/HES-SO in Architecture

High School of Specialized Western Switzerland (HES-SO) zusammen mit der Berner Fachhochschule (BFH)

2007-2008

Master of Arts FHNW in Architektur

Fachhochschule Nordwestschweiz

-

2007-2008

Master of Arts FHZ in Architektur

Fachhochschule Zentralschweiz (FHZ)

-

2007-2008

Master of Arts ZFH in Architektur

Zürcher Fachhochschule (ZFH), Zürcher Hochschule für Angewandte Wissenschaften (ZHAW), Department Architektur, Gestaltung und Bauingenieurwesen

-

2007-2008

Master of Science MSc in Architecture,

Architect (arch. Dipl. EPF)

Federal Polytechnic University of Lausanne

2007-2008

Master of Science ETH in Architektur, "MSc ETH Arch"

Eidgenössische Technische Hochschule Zürich

2007-2008

"

P.
The following text is added to Annex VI to the Directive:

"

Country

Training Title

Academic reference year

Switzerland

1. Arch. Dipl. EPF,

Dipl. Arch. ETH,

Arch. Dipl. PF

2004/2005

2. EAUG Graduate Architect

2004/2005

3.REG A Architect

Architekt REG A

Architetto REG A

2004/2005

"

2
A. 377 L 0249 Council Directive 77 /249/EEC of 22 March 1977 to facilitate the effective exercise of the freedom to provide services by lawyers (OJ L 78, 26.3.1977, p. 17),
Modified by:
-
1 79 H: Act concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties (OJ L 291, 19.11.1979, 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, 15.11.1985, p. 160),
-
Decision 95 /1/EC, Euratom, ECSC, Council of the European Union, 1 Er January 1995, adapting the instruments relating to the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
-
1 2003 T : Act relating to 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 Of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties establishing the European Union (OJ L 236, 23.9.2003, p. 33),
-
Council Directive 2006 /100/EC of 20 November 2006 adapting certain directives in the field of the free movement of persons, due to the accession of Bulgaria and Romania (OJ L 363, 20.12.2006, p. 141).
B.
For the purposes of this Agreement, Directive 77 /249/EEC is adapted as follows:
1.
The following text is added to Art. 1 Er , paras. 2:
" Switzerland:
Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech
Lawyer
Avvocato."
2.
Art. 8 does not apply. However, the Swiss Coordinator appointed by Switzerland in accordance with Art. 56 of Directive 2005 /36/EC informs the Commission, by putting the Joint Committee in a copy, of the legislation adopted on the basis of Directive 77 /249/EEC.
3
A. 398 L 0005: Directive 98 /5/EC of the European Parliament and of the Council of 16 February 1998 on facilitating the permanent exercise of the profession of lawyer in a Member State other than that in which the qualification was acquired (OJ L 77, 14.3.1998, p. 36),
Modified by:
-
1 2003 T : Act relating to 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 Of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties establishing the European Union (OJ L 236, 23.9.2003, p. 33),
-
Council Directive 2006 /100/EC of 20 November 2006 adapting certain directives in the field of the free movement of persons, due to the accession of Bulgaria and Romania (OJ L 363, 20.12.2006, p. 141).
B.
For the purposes of this Agreement, Directive 98 /5/EC is adapted as follows:
1.
In Art. 1, para. 2, point (a) is supplemented by the following:
" Switzerland:
Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech
Lawyer
Avvocato."
2.
Art. 16 and 17 do not apply. However, the Swiss Coordinator appointed by Switzerland in accordance with Art. 56 of Directive 2005 /36/EC informs the Commission, by putting the Joint Committee in a copy, of the legislation adopted on the basis of Directive 98 /5/EC.
3.
Art. 14 is implemented as follows:
The Commission shall communicate to the Member States the information relating to the competent authorities designated by Switzerland as soon as the latter has informed it, by putting the Joint Committee in a copy.
4
A. 374 L 0556: Council Directive 74 /556/EEC of 4 June 1974 on the arrangements for transitional measures in the field of activities relating to the trade and distribution of toxic products and activities involving the professional use of these Products, including intermediary activities (OJ L 307, 18.11.1974, p. 1).
B.
For the purposes of this Agreement, Directive 74 /566/EEC is adapted as follows:
1.
In Art. 4, para. 3 is implemented as follows:
The Commission shall communicate to the Member States the information relating to the competent authorities designated by Switzerland as soon as the latter has informed it, by putting the Joint Committee in a copy.
2.
Art. 7 does not apply. However, the Swiss Coordinator appointed by Switzerland in accordance with Art. 56 of Directive 2005 /36/EC informs the Commission, by putting the Joint Committee in a copy, of the legislation adopted on the basis of Directive 74 /566/EEC.
5
A. 374 L 0557: Council Directive 74 /557/EEC of 4 June 1974 on the realisation of freedom of establishment and the freedom to provide services for self-employed activities and the activities of intermediaries in the field of trade and the distribution of Toxic products (OJ L 307, 18.11.1974, p. 5),
Modified by:
-
Decision 95 /1/EC, Euratom, ECSC, of the Council of the European Union of 1 Er January 1995 adapting the instruments relating to the accession of new Member States to the European Union (OJ L 1, 1.1.1995, p. 1),
-
1 2003 T : Act relating to 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 Of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties establishing the European Union (OJ L 236, 23.9.2003, p. 33),
-
Council Directive 2006 /101/EC of 20 November 2006 adapting Directives 73/2 3 9/EEC, 74 /557/EEC and 2002 /83/EC in the field of the freedom to provide services, due to the accession of Bulgaria and Romania (OJ 2006 L 363, 20.12.2006, p. 238).
B.
For the purposes of this Agreement, Directive 74 /557/EEC is adapted as follows:
1.
In Switzerland:
All toxic substances and products referred to in the Toxics Act [classified federal legislation (RS) 813.1 )], and in particular those contained in the related orders (RS 813 ) And toxic substances for the environment (RS 814.812.31 , 814.812.32 And 814.812.33 ).
2.
In Art. 7, para. 5 is implemented as follows:
The Commission shall communicate to the Member States the information relating to the competent authorities designated by Switzerland as soon as the latter has informed it, by putting the Joint Committee in a copy.
3.
Art. 8 does not apply. However, the Swiss Coordinator appointed by Switzerland in accordance with Art. 56 of Directive 2005 /36/EC informs the Commission, by putting the Joint Committee in a copy, of the legislation adopted on the basis of Directive 74 /557/EEC.
6
A. 386 L 0653: Council Directive 86 /653/EEC of 18 December 1986 on the coordination of the rights of the Member States concerning independent commercial agents (OJ L 382, 31.12.1986, p. 17).
B.
For the purposes of this Agreement, Directive 86 /653/EEC is adapted as follows:
Art. 22 does not apply. However, the Swiss Coordinator appointed by Switzerland in accordance with Art. 56 of Directive 2005 /36/EC informs the Commission, by putting the Joint Committee in a copy, of the legislation adopted on the basis of Directive 86 /653/EEC.

Section B: Acts of which the parties take note

The Contracting Parties shall take note of the content of the following act:

7.
389 X 0601 Commission Recommendation 89 /601/EEC of 8 November 1989 on the training of health workers in the field of cancer (OJ L 346, 27.11.1989, p. 1).

1 New content according to Art. 1 of D n O 2/2011 of the EU-CH Joint Committee of 30. 2011, approved by the Ass. Fed. Dec 14. 2012 ( RO 2011 4859 , 2013 2415 3033; FF 2012 4103 ). Switzerland shall apply without restrictions the rights acquired under Directive 2005 /36/EC, in accordance with the conditions set out in this D and in its Annex (Art. 2 of this D). Update according to Art. 1 of D n O 1/2015 of the EU-CH Joint Committee of 8 June 2015, in force since 8 June 2015 (RO 2015 2497).


Status on 8 June 2015

Protocol on Secondary Residences in Denmark

The Contracting Parties agree that Protocol No. O 1 of the Treaty establishing the European Community concerning the acquisition of real estate in Denmark, also applies to this agreement with regard to the acquisition of secondary residences in Denmark by persons of nationality Switzerland.

Protocol on the Åland Islands

The Contracting Parties agree that Protocol No. O 2 of the Act of Accession of Finland to the European Union concerning the Åland Islands also applies to this Agreement.

Final Act

The Plenipotentiaries of the Swiss Confederation, d ' One part and the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of ' Germany, the Hellenic Republic, the Kingdom of ' Spain, the French Republic, ' Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of ' Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the Kingdom of Great Britain and the United Kingdom ' Northern Ireland and the European Community, d ' Other part,

Meeting on 20 and 1 June of the year thousand nine hundred nineteen nineteen in Luxembourg for the signature of the Agreement between the European Community and its Member States, of the one part, the Swiss Confederation, of the other part, on the free movement of Adopted the following joint declarations and appended to this Final Act:

Joint Statement on General Liberalization of Service Delivery,

Joint Declaration on the pensions of pensioners of the EC institutions resident in Switzerland,

Joint Declaration on the Implementation of the Agreement,

Joint statement on further additional negotiations.

They also took note of the following declarations annexed to this Final Act:

Statement by Switzerland on the renewal of the agreement,

Switzerland's declaration on migration and asylum policy,

Declaration by Switzerland on the recognition of architectural diplomas,

Declaration by the EC and its Member States concerning art. 1 and 17 of annex I,

Declaration on the participation of Switzerland in the Committees.

Done at Luxembourg, the twenty-one June of the year thousand nine hundred and ninety-nine.

(Suivent signatures)

Joint Statement on a General Liberalization of Service Delivery

The Contracting Parties undertake to enter into negotiations on a general liberalisation of the provision of services on the basis of the Community acquis as soon as possible.

Joint Declaration on the pensions of pensioners of the institutions of the European Communities resident in Switzerland

The Commission of the EC and Switzerland undertake to seek an appropriate solution to the problem of double taxation of pensions for pensioners of the institutions of the European Communities resident in Switzerland.

Joint Declaration on the Implementation of the Agreement

The Contracting Parties shall take the necessary steps to apply the acquis communautaire to nationals of the other Contracting Party in accordance with the agreement concluded between them.

Joint statement on further additional negotiations

The European Community and the Swiss Confederation declare their intention to enter into negotiations with a view to concluding agreements in areas of common interest such as the updating of Protocol 2 3 Of the 1972 Free Trade Agreement, Swiss participation in certain Community programmes for training, youth, the media, statistics and the environment. These negotiations should be prepared shortly after the conclusion of the current bilateral negotiations.

Statement by Switzerland on the renewal of the agreement

Switzerland declares that it will determine, on the basis of its applicable domestic procedures, the renewal of the agreement during the seventh year of its application.

Switzerland's declaration on migration and asylum policy

Switzerland reaffirms its commitment to strengthen cooperation with the EU and its member states in the field of migration and asylum policy. In this perspective, Switzerland is ready to participate in the EU coordination system on asylum applications and proposes the commitment of negotiations to conclude a convention parallel to the Dublin Convention (Convention Concerning the determination of the State responsible for examining an application for asylum lodged in one of the Member States of the European Communities, signed at Dublin on 15 June 1990).

Declaration by Switzerland on the recognition of architectural diplomas

Switzerland will propose to the Joint Committee of the Agreement on the free movement of persons, immediately upon its establishment, the inclusion in Annex III of the Agreement on the free movement of persons, of the architectural diplomas awarded by the High Commission Swiss specialised schools in accordance with the provisions of Directive 85 /384/EEC of 10 June 1986.

Declaration by the EC and its Member States concerning art. 1 and 17 of annex I

The European Community and its Member States declare that s. 1 and 17 of Annex I to the Agreement do not prejudge the acquis communautaire concerning the conditions of posting of workers who are nationals of a third country in the context of the provision of cross-border services.

Declaration on the participation of Switzerland in the Committees

The Council agreed that the representatives of Switzerland should participate as observers and for the points that concern them at the meetings of the following Committees and expert groups:

-
Research Program Committees; including Scientific and Technical Research Committee (CREST)
-
Administrative Commission for the Social Security of Migrant Workers
-
Coordination Group on the Mutual Recognition of Higher Education Diplomas
-
Advisory committees on air routes and the application of competition rules in the field of air transport.

These Committees meet without the presence of the representatives of Switzerland in the votes.

With regard to the other Committees dealing with the areas covered by these agreements and for which Switzerland has adopted the acquis communautaire, or applying it by equivalence, the Commission will consult the experts of Switzerland according to the Art form. 100 % of the EEA Agreement 4 .

Joint Declaration on the Adaptation of Annex III to the Agreement

The Contracting Parties declare that, in order to ensure the proper implementation of the Agreement, Annex III will be adapted as soon as possible to include, inter alia, Directive 2005 /36/EC, as amended by Directive 2006 /100/EC, and New Swiss entries.

Declaration by Switzerland on autonomous measures at the date of signature

Switzerland shall give temporary access to its labour market to citizens of the new Member States, on the basis of its legislation, before the entry into force of the provisional provisions laid down in this Protocol. To this end, Switzerland will open specific quotas for short-and long-term work permits within the meaning of Art. 10, para. 1, of the Agreement, in favour of citizens of the new Member States, from the date of signature of this Protocol. These quotas are 282 long-term licences and 1006 short-term licences per year. In addition, 2011 short-term workers are admitted, per year, for a stay of less than four months.


RO 2002 1529 ; FF 1999 5440


1 Art. 1 al. 1 let. G of FY 8 Oct. 1999 ( RO 2002 1527 1528)
2 New content according to Art. 2 hp. 1 of the Prot. Of 27 May 2008 (Participation of Bulgaria and Romania following their accession to the EU), approved by the Ass. Fed. June 13, 2008, effective from 1 Er June 2009 ( RO 2009 2421 2411, 2012 4479; FF 2008 1927 ).
3 RS 0.632.401.2
4 FF 1992 IV 655


Status on 8 June 2015