Sr 0.142.112.681.1 27 May 2008 At The Agreement Protocol Between The Swiss Confederation, Of A Part, And The European Community And Its Member States, On The Other, On The Free Movement Of Persons, Regarding The Participation, As Parties Cont

Original Language Title: RS 0.142.112.681.1 Protocole du 27 mai 2008 à l’Accord entre la Confédération suisse, d’une part, et la Communauté européenne et ses états membres, d’autre part, sur la libre circulation des personnes, concernant la participation, en tant que parties cont

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0.142.112.681.1 original text Protocol to the agreement between the Confederation, on one hand, and the community and its Member States, on the other, on the free movement of persons, regarding the participation, as contracting parties, of the Republic of Bulgaria and Romania, following their accession to the Union European concluded on May 27, 2008, approved by the Federal Assembly on 13 June 2008 entered into force by Exchange of notes on June 1, 2009 (State the) 21 August 2012) the Swiss Confederation, hereinafter referred to as 'Switzerland', on the one hand, and the Community European, represented by the Council of the Union European, 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, the Ireland, the Italian Republic, the Republic of Cyprus , the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as "Member States". also represented by the Council of the European Union, on the other hand, hereinafter referred to as "the contracting parties", given the agreement of 21 June 1999 between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other, on the free movement of persons (hereinafter referred to as 'the agreement'), which entered into force on 1 June 2002, saw the Protocol of 26 October 2004 to the agreement of 21 June 1999 between the European Community and its Member States on the one hand, and the Swiss Confederation, on the other, on the free movement of people, regarding the participation, as contracting parties, of the Czech Republic, of the Republic of Estonia, of the Republic of Cyprus, of the Republic of Latvia, of the Republic of Lithuania, of the Republic of Hungary, the Republic of Malta, of the Republic of Poland, of the Republic of Slovenia and of the Slovak Republic , as a result of their accession to the European Union (hereinafter "the Protocol of 2004"), entered into force on April 1, 2006, saw the accession of the Republic of Bulgaria and the Romania (hereinafter referred to as "new Member States") to the European Union on 1 January 2007, whereas the new Member States become parties contracting to the agreement, whereas the Act of accession empowers the Council of the European Union to conclude , on behalf of the States members of the European Union, a Protocol on the accession of the new Member States to the agreement, have agreed to the following provisions: art. 1-1. The new Member States become contracting parties to the agreement.
2. with effect from the entry into force of this Protocol, the provisions of the agreement are binding on the new Member States in the same way as for existing contracting parties and according to the terms and conditions laid down in this Protocol.

Art. 2. the body of the agreement and its annex I are adapted as follows: 1. the list of the contracting parties is replaced by the following:...
2. art. 10 of the agreement is amended as follows: a) the following paragraphs are inserted after the by. 1a:... b) the following paragraph is inserted after the by. 2a:... c) the following paragraph is inserted after the by. 3A:... d) the following paragraph is inserted after the by. 4B:... e) the following paragraph is inserted after the by. 5a:...
3. at art. 27, by. 2, annex I of the agreement, the reference to 'art. 10, by. 2, 2A, 4A, and 4B' is replaced by 'art. 10, by. 2, 2A, 2B, 4A, 4B and 4 c."

RO 2012 4479. mod mentioned below are inserted into the agreement.

Art. 3 by derogation from art. 25 of annex I of the agreement, the transitional periods of annex 1 of this Protocol shall apply.

Art. 4-1. Annex II to the agreement is amended in accordance with Annex 2 of the present Protocol.
2. Annex III to the agreement is adapted by decision of the Joint Committee established under art. 14 of the agreement.

Art. 5-1. Schedules 1 and 2 of the present Protocol forms part.
2. the present Protocol, just like the 2004 Protocol, is an integral part of the agreement.

Art. 6-1. This Protocol is ratified or approved by the Council of the European Union, on behalf of the Member States and the European Community and Switzerland according to specific procedures.
2. the Council of the European Union and the Switzerland to notify the completion of these procedures.

Art. 7. the Protocol comes into force on the first day of the first month following the date of the last notification of ratification or approval.

Art. 8. the present Protocol is applicable for the same duration and according to the same arrangements as the agreement.

Art. 9-1. This Protocol as well as declarations attached are established duplicate copy in the languages German, French, Italian, English, Bulgarian, Danish, Spanish, Estonian, Finnish, Greek, Hungarian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
2. both Bulgaria and Romania of the agreement, including all annexes and protocols, and the final act, are equally authentic. The Joint Committee established under art. 14 of the agreement approves the authentic texts of the agreement in the new languages.
Done at Brussels, 27 May 2008.

Annex 1 transitional measures for the acquisition of land and homes 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 the present Protocol, the restrictions imposed by its legislation in force at the time of the signature of this Protocol with respect to the acquisition of property rights on land intended for establishing a secondary residence by some Swiss nationals who do not reside in Bulgaria and legal persons formed in accordance with the Swiss law.
Swiss nationals who are legally residing in Bulgaria are not subject to the provisions of the preceding subparagraph or to any rules and procedures other than those that apply 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 the present Protocol, the restrictions imposed by its legislation in force at the time of signature of the present Protocol regarding the acquisition of agricultural land, forests or land silviculture by Swiss nationals or legal persons constituted under Swiss law. In any case, with regard to the acquisition of agricultural land, forests and forestry land, a Swiss national cannot be treated less favourably than at the date of signature of this Protocol or more narrowly as a national of a third country.
Self-employed farmers who are Swiss nationals wishing to establish themselves and reside in the Republic of Bulgaria are not subject to the provisions of the preceding paragraph or to any procedures other than those that apply to Bulgarian nationals.
A general review of these transitional measures is achieved during the third year following the date of entry into force of the present Protocol. The Joint Committee may decide to shorten the transitional period indicated in the first paragraph or to end. 2. Romania the Romania may maintain in force, for a period of five years from the date of entry into force of the present Protocol, the restrictions imposed by its legislation in force at the time of the signature of this Protocol with respect to the acquisition of property rights on land for the establishment of a secondary residence by some Swiss nationals who do not reside in Romania and by companies formed in accordance with Swiss law which are not established in Romania and with branch or representative agency.
Swiss nationals who are legally resident in Romania are not subject to the provisions of the preceding subparagraph or to any rules and procedures other than those that apply to Romanian nationals.
The Romania may maintain in force, for a period of seven years from the date of entry into force of the present Protocol, the restrictions imposed by its legislation in force at the time of the signing of this Protocol in which the acquisition of agricultural land, forests and land silviculture by Swiss nationals and companies incorporated under Swiss law that are neither established nor registered in Romania. In any case, with regard to the acquisition of agricultural land, forests and forestry land, a Swiss national cannot be treated less favourably than at the date of signature of this Protocol or more narrowly as a national of a third country.

Self-employed farmers who are Swiss nationals wishing to establish themselves and reside in Romania are not subject to the provisions of the preceding paragraph or to any procedures other than those that apply to Romanian nationals.
A general review of these transitional measures is achieved during the third year following the date of entry into force of the present Protocol. The Joint Committee may decide to shorten the transitional period indicated in the first paragraph or to terminate.

State on June 1, 2009 annex 2 annex II of the agreement between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other, on the free movement of persons is amended as follows: 1. under the heading "for the purposes of this agreement, the regulation is adapted as follows:", point 1 of annex II, section A is amended as follows ((((: a) to the point i) concerning annex III, part A, the following text is added after the last entry "Slovakia-Switzerland": b) in position j) concerning annex III, part B, the following text is added after the last entry 'Slovakia-Switzerland ":...
2. under the title "Section A: acts" to which reference is made, the following is inserted in point 1 "Regulation (EEC) n 1408/71" after "304 R 631: Regulation (EC) No. 631/2004... ':...
3. under the title "Section A: acts" to which reference is made, the following is inserted in point 2 "Regulation (EEC) n 574/72" after "304 R 631: Regulation (EC) No. 631/2004... ':...
4. under the heading "Section B: acts that contracting parties take into account", the following text is inserted at points '4.18. "383 D 0117: Decision n 117... ', '4.27. "388 D 64: Decision n 136... ', '4.37. "393 D 825: Decision n 150... ', after"12003 TN 02/02 A: Act relating to the conditions for accession to the European Union of the Czech Republic, the Republic of Estonia,...", and" 4.77: Decision n 192... ":...
5. the plan provided to the by. 1 of the section "Unemployment insurance" of the Protocol to annex II applies to workers who are nationals of the Republic of Bulgaria and Romania until the end of the seventh year after the entry into force of the present Protocol.

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

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

Status as of June 1, 2009

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