Key Benefits:
Original text
(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:
The objective of this agreement, in favour of nationals of the Member States of the European Community and of Switzerland, is:
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.
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.
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.
(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
(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.
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.
The Contracting Parties shall settle, in accordance with Annex I, in particular the rights mentioned below relating to the free movement of persons:
The Contracting Parties shall, in accordance with Annex II, regulate the coordination of social security systems with the aim of ensuring in particular:
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.
(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 ).
(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.
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.
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.
(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.
The Annexes and Protocols to this Agreement shall form an integral part thereof. The final act contains the declarations.
(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.
(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.
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.
(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.
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.
(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.
(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.
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.
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.
(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:
(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 ).
(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.
(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.
(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:
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:
(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.
(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) 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) 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:
(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.
(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.
(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.
(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.
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.
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.
(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:
(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.
(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.
(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.
(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.
Self-employed persons may be denied the right to engage in an activity, even on an occasional basis, in the exercise of public authority.
It is prohibited in the provision of services, according to Art. 5 of this Agreement:
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.
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.
(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:
(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.
(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
(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.
(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.
(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:
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.
(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 ).
(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.
(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.
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.
(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.
(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.
(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.
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.
(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.
(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.
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.
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.
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.
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:
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.
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.
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.
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.
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. 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.
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.
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).
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.
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.
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.
(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
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:
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."
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. '
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.
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.
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.
(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.
"
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 |
|
"
"
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 |
"
"
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 |
"
"
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 |
"
"
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 |
"
"
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 |
|
"
"
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 |
"
"
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 |
|
"
"
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 |
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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 |
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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 |
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Master of Arts FHNW in Architektur |
Fachhochschule Nordwestschweiz |
- |
2007-2008 |
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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 |
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Master of Science ETH in Architektur, "MSc ETH Arch" |
Eidgenössische Technische Hochschule Zürich |
2007-2008 |
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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 |
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3.REG A Architect Architekt REG A Architetto REG A |
2004/2005 |
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The Contracting Parties shall take note of the content of the following act:
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).
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.
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.
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)
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.
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.
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.
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.
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 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).
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.
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.
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:
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 .
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.
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.
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