Key Benefits:
Original text
(State on 21 August 2012)
The Swiss Confederation,
Hereinafter referred to as "Switzerland",
On one hand,
And
The European Community,
Represented by the Council of the European Union,
And
The Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, Republic of Cyprus, Republic of Latvia, Republic of Lithuania, Grand Duchy of Luxury M The Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, 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,
Hereinafter referred to as 'the Member States',
Also represented by the Council of the European Union,
On the other hand,
Hereinafter referred to as "the Contracting Parties",
Having regard to the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons 2 (hereinafter referred to as "the Agreement") , entered into force on 1 Er June 2002,
Having regard to the Protocol of 26 October 2004 to the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons 3 , concerning the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic Of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, following their accession to the European Union (hereinafter referred to as "the 2004 Protocol"), which entered into force on 1 Er April 2006,
Having regard to the accession of the Republic of Bulgaria and Romania (hereinafter referred to as 'the new Member States') to the European Union on 1 Er January 2007,
Whereas the new Member States should become Contracting Parties to the Agreement,
Whereas the Act of Accession empowers the Council of the European Union to conclude, on behalf of the Member States of the European Union, a protocol on the accession of the new Member States to the agreement,
Agreed to the following provisions:
The new Member States become Contracting Parties to the Agreement.
(2) As from the entry into force of this Protocol, the provisions of the Agreement shall be binding on the new Member States in the same way as for the current Contracting Parties and in accordance with the terms and conditions laid down by the Protocol.
The Body of the Agreement 2 And its Annex I shall be adapted as follows:
The list of Contracting Parties is replaced by the following:
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2. Art. 10 of the Agreement is amended as follows:
(a) the following paragraphs shall be inserted after subs. 1a:
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(b) the following paragraph shall be inserted after subs. 2a:
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(c) the following paragraph shall be inserted after subs. 3a:
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(d) the following paragraph shall be inserted after subs. 4b:
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(e) the following paragraph shall be inserted after subs. 5a:
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3. Art. 27, para. 2, of Annex I to the Agreement, the reference to " Art. 10, para. 2, 2a, 4a and 4b "is replaced by" s. 10, para. 2, 2a, 2b, 4a, 4b and 4c."
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2 The mod. Mentioned below shall be inserted in the said Agreement.
By way of derogation from art. 25 of Annex I to the Agreement, the transitional periods of Annex 1 to this Protocol shall apply.
Annex II to the Agreement is amended in accordance with Annex 2 to this Protocol.
2. Annex III to the Agreement is adapted by decision of the Joint Committee established by Art. 14 of the agreement.
1. Annexes 1 and 2 to this Protocol shall form an integral part thereof.
2. This Protocol, together with the 2004 Protocol, is an integral part of the Agreement.
(1) This Protocol shall be ratified or approved by the Council of the European Union, on behalf of the Member States and the European Community, and by Switzerland in accordance with their own procedures.
2. The Council of the European Union and Switzerland shall notify each other of the completion of these procedures.
This Protocol shall enter into force on the first day of the first month following the date of the last notification of ratification or approval.
This Protocol shall apply for the same duration and in the same manner as the Agreement.
This Protocol and the declarations annexed thereto shall be drawn up in duplicate in the German, French, Italian, English, Bulgarian, Danish, Spanish, Estonian, Finnish, Greek, Hungarian, Latvian and Lithuanian languages. Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
2. The Bulgarian and Romanian versions of the agreement, including all the annexes and protocols thereto, and the final act, are equally authentic. The Joint Committee established by Art. 14 of the agreement approves the authentic texts of the agreement in the new languages.
Done at Brussels, 27 May 2008.
1. The Republic of Bulgaria
The Republic of Bulgaria may maintain in force, for a period of five years from the date of entry into force of this Protocol, the restrictions provided for by its legislation in force at the time of signature of this Protocol in that Concerning the acquisition of property rights on land intended for the establishment of a secondary residence by Swiss nationals who are not resident in Bulgaria and legal persons incorporated in accordance with Swiss law.
Swiss nationals who are legally resident in Bulgaria shall not be subject to the provisions of the preceding paragraph or to rules and procedures other than those applicable to Bulgarian nationals.
The Republic of Bulgaria may maintain in force, for a period of seven years from the date of entry into force of this Protocol, the restrictions provided for by its legislation in force at the time of signature of this Protocol in that Which concerns the acquisition of agricultural land, forests or silvicultural land by Swiss nationals or by legal persons incorporated under Swiss law. In no case, with regard to the acquisition of agricultural land, forests or silviculture, a Swiss national may not be treated less favourably than on the date of signature of this Protocol or in a more restrictive manner A national of a third country.
Independent farmers who are Swiss nationals who wish to settle and reside in the Republic of Bulgaria shall not be subject to the provisions of the preceding paragraph or to procedures other than those which apply to Bulgarian nationals.
A general review of these transitional measures shall be carried out in the third year following the date of entry into force of this Protocol. The Joint Committee may decide to shorten the transitional period indicated in the first subparagraph or to terminate it.
2. Romania
Romania may maintain in force, for a period of five years from the date of entry into force of this Protocol, the restrictions provided for by its legislation in force at the time of signature of this Protocol in respect of The acquisition of property rights on land intended for the establishment of a secondary residence by Swiss nationals who are not resident in Romania and by companies incorporated under Swiss law which are not Established in Romania and which have neither a branch nor a representative agency.
Swiss nationals who are legally resident in Romania shall not be subject to the provisions of the preceding paragraph or to rules and procedures other than those applicable to Romanian nationals.
Romania may maintain in force, for a period of seven years from the date of entry into force of this Protocol, the restrictions provided for by its legislation in force at the time of signature of this Protocol in respect of The acquisition of agricultural land, forests and silvicultural land by Swiss nationals and by companies incorporated under Swiss law which are neither established nor registered in Romania. In no case, with regard to the acquisition of agricultural land, forests or silviculture, a Swiss national may not be treated less favourably than on the date of signature of this Protocol or in a more restrictive manner A national of a third country.
Independent farmers who are Swiss nationals who wish to settle and reside in Romania shall not be subject to the provisions of the preceding paragraph or to procedures other than those applicable to nationals Romanian.
A general review of these transitional measures shall be carried out in the third year following the date of entry into force of this Protocol. The Joint Committee may decide to shorten the transitional period indicated in the first subparagraph or to terminate it.
Annex II to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons is amended as follows:
1. Under the heading 'For the purposes of this Agreement, the Regulation shall be adapted as follows:', point 1 of Annex II, Section A shall be amended as follows:
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2. Under the heading 'Section A: acts to which reference is made', the following is inserted in point 1 of Regulation (EEC) No O 1408/71 "after" 304 R 631: Regulation (EC) n O 631/2004 ... ":
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3. Under the heading 'Section A: acts to which reference is made', the following is inserted in point 2 ' Regulation (EEC) No O 574/72 "after" 304 R 631: Regulation (EC) No O 631/2004 ... ":
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4. Under the heading 'Section B: acts which the Contracting Parties take into account', the following text shall be inserted at points' 4.18. 383 D 0117: Decision No. O 117 ... "," 4.27. 388 D 64: Decision No. O 136 ... "," 4.37. 393 D 825: Decision No. O 150 ... ', after' 12003 TN 02/02 A: An Act relating to the conditions of accession to the European Union of the Czech Republic, the Republic of Estonia, ... ', and' 4.77: Decision n O 192 ... ":
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5. The plan provided for in s. 1 of the "Unemployment insurance" section of the Protocol to Annex II shall apply to workers who are nationals of the Republic of Bulgaria and Romania until the end of the seventh year from the entry into force of this Protocol.
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.
