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Document 02002A0430(01)-20210101
Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons
Consolidated text: Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons
Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons
ELI: http://data.europa.eu/eli/agree_internation/2002/309(1)/2021-01-01
02002A0430(01) — EN — 01.01.2021 — 004.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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AGREEMENT (OJ L 114 30.4.2002, p. 6) |
Amended by:
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Official Journal |
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No |
page |
date |
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DECISION No 2/2003 OF THE EU-SWISS JOINT COMMITTEE of 15 July 2003 |
L 187 |
55 |
26.7.2003 |
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DECISION No 1/2004 OF THE EU-SWISS JOINT COMMITTEE of 30 April 2004 |
L 352 |
129 |
27.11.2004 |
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L 89 |
30 |
28.3.2006 |
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DECISION No 1/2006 OF THE EU-SWISS JOINT COMMITTEE of 6 July 2006 |
L 270 |
67 |
29.9.2006 |
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L 124 |
53 |
20.5.2009 |
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L 277 |
20 |
22.10.2011 |
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L 103 |
51 |
13.4.2012 |
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L 367 |
122 |
23.12.2014 |
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L 148 |
38 |
13.6.2015 |
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L 31 |
3 |
4.2.2017 |
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L 42 |
15 |
5.2.2021 |
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AGREEMENT
between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons
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,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
of the one part, and
THE SWISS CONFEDERATION,
of the other part,
Convinced that the free movement of persons between the territories of the Contracting Parties is a key factor in the harmonious development of their relations,
Resolved to bring about the free movement of persons between them on the basis of the rules applying in the European Community,
Have decided to conclude this Agreement:
I.
BASIC PROVISIONS
Article 1
Objective
The objective of this Agreement, for the benefit of nationals of the Member States of the European Community and Switzerland, is:
to accord a right of entry, residence, access to work as employed persons, establishment on a self-employed basis and the right to stay in the territory of the Contracting Parties;
to facilitate the provision of services in the territory of the Contracting Parties, and in particular to liberalise the provision of services of brief duration;
to accord a right of entry into, and residence in, the territory of the Contracting Parties to persons without an economic activity in the host country;
to accord the same living, employment and working conditions as those accorded to nationals.
Article 2
Non-discrimination
Nationals of one Contracting Party who are lawfully resident in the territory of another Contracting Party shall not, in application of and in accordance with the provisions of Annexes I, II and III to this Agreement, be the subject of any discrimination on grounds of nationality.
Article 3
Right of entry
The right of entry of nationals of one Contracting Party into the territory of another Contracting Party shall be guaranteed in accordance with the provisions laid down in Annex I.
Article 4
Right of residence and access to an economic activity
The right of residence and access to an economic activity shall be guaranteed unless otherwise provided in Article 10 and in accordance with the provisions of Annex I.
Article 5
Persons providing services
Providers of services shall have the right of entry into, and residence in, the territory of the other Contracting Party:
where they have the right to provide a service under paragraph 1 or by virtue of the provisions of an agreement mentioned in paragraph 1;
or, if the conditions specified in (a) are not fulfilled, where they have received authorisation to provide a service from the competent authorities of the Contracting Party concerned.
Article 6
Right of residence for persons not pursuing an economic activity
The right of residence in the territory of a Contracting Party shall be guaranteed to persons not pursuing an economic activity in accordance with the provisions of Annex I relating to non-active people.
Article 7
Other rights
The Contracting Parties shall make provision, in accordance with Annex I, for the following rights in relation to the free movement of persons:
the right to equal treatment with nationals in respect of access to, and the pursuit of, an economic activity, and living, employment and working conditions;
the right to occupational and geographical mobility which enables nationals of the Contracting Parties to move freely within the territory of the host state and to pursue the occupation of their choice;
the right to stay in the territory of a Contracting Party after the end of an economic activity;
the right of residence for members of the family, irrespective of their nationality;
the right of family members to pursue an economic activity, irrespective of their nationality;
the right to acquire immovable property in so far as this is linked to the exercise of rights conferred by this Agreement;
during the transitional period, the right, after the end of an economic activity or period of residence in the territory of a Contracting Party, to return there for the purposes of pursuing an economic activity and the right to have a temporary residence permit converted into a permanent one.
Article 8
Coordination of social security systems
The Contracting Parties shall make provision, in accordance with Annex II, for the coordination of social security systems with the aim in particular of:
securing equality of treatment;
determining the legislation applicable;
aggregation, for the purpose of acquiring and retaining the right to benefits, and of calculating such benefits, all periods taken into consideration by the national legislation of the countries concerned;
paying benefits to persons residing in the territory of the Contracting Parties;
fostering mutual administrative assistance and cooperation between authorities and institutions.
Article 9
Diplomas, certificates and other qualifications
In order to make it easier for nationals of the Member States of the European Community and Switzerland to gain access to and pursue activities as employed and self-employed persons and to provide services, the Contracting Parties shall take the necessary measures, in accordance with Annex III, concerning the mutual recognition of diplomas, certificates and other qualifications, and coordination of the laws, regulations and administrative provisions of the Contracting Parties on access to and pursuit of activities as employed and self-employed persons and the provision of services.
II.
GENERAL AND FINAL PROVISIONS
Article 10
Transitional provisions and development of the Agreement
From the beginning of the sixth year, all quantitative limits applicable to nationals of the Member States of the European Community shall be abolished.
Before the end of the transitional period mentioned above, the Joint Committee shall review the functioning of the transitional period applied to nationals of the new Member States on the basis of a report from Switzerland. Upon completion of the review, and no later than at the end of the period mentioned above, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures until 31 May 2009. In the absence of such notification, the transitional period shall expire 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 Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic shall be abolished. These Member States are entitled to introduce the same quantitative limitations for Swiss nationals for the same periods.
Before the end of the transitional period mentioned above, the Joint Committee shall review the functioning of the transitional period applied to nationals of the new Member States on the basis of a report from Switzerland. Upon completion of the review, and no later than at the end of the period mentioned above, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures until five years after the entry into force of the aforementioned Protocol. In the absence of such notification, the transitional period shall expire at the end of the two-year period specified in the first subparagraph.
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 abolished. These Member States are entitled to introduce the same quantitative limitations for Swiss nationals for the same periods.
Before the end of the transitional period mentioned above, the Joint Committee shall review the functioning of the transitional period applied to nationals of Croatia on the basis of a report from Switzerland. Upon completion of the review, and no later than at the end of the period mentioned above, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures for five years after the entry into force of the aforementioned Protocol. In the absence of such notification, the transitional period shall expire at the end of the two-year period specified in the first subparagraph.
At the end of the transitional period laid down in this paragraph all quantitative limits applicable to nationals of Croatia shall be abolished. Croatia is entitled to introduce the same quantitative limits for Swiss nationals for the same periods.
Before 31 May 2007, the Joint Committee shall review the functioning of the transitional measures contained in this paragraph on the basis of a report prepared by each of the Contracting Parties implementing them. Upon completion of the review, and no later than 31 May 2007, the Contracting Party which has implemented the transitional measures contained in this paragraph, and has notified the Joint Committee of its intention to continue applying such transitional measures, may continue to do so until 31 May 2009. In the absence of such notification, the transitional period will expire 31 May 2007.
At the end of the transitional period defined in this paragraph, all restrictions referred to above in this paragraph shall be abolished.
Within two years of the entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania, the Joint Committee shall review the functioning of the transitional measures contained in this paragraph on the basis of a report prepared by each of the Contracting Parties implementing them. Upon completion of the review, and no later than two years after the entry into force of the aforementioned Protocol, the Contracting Party which has implemented the transitional measures contained in this paragraph, and has notified the Joint Committee of its intention to continue applying such transitional measures, may continue to do so until five years after the entry into force of the aforementioned Protocol. In the absence of such notification, the transitional period will expire at the end of the two-year period specified in the first subparagraph.
At the end of the transitional period defined in this paragraph, all restrictions referred to above in this paragraph shall be abolished.
Within two years of the entry into force of the Protocol to this Agreement regarding the participation of the Republic of Croatia as a Contracting Party, the Joint Committee shall review the functioning of the transitional measures contained in this paragraph on the basis of a report prepared by each of the Contracting Parties implementing them. Upon completion of the review, and no later than two years after the entry into force of the aforementioned Protocol, a Contracting Party which has implemented the transitional measures contained in this paragraph, and has notified the Joint Committee of its intention to continue applying them, may continue to do so until the end of the fifth year after the entry into force of the aforementioned Protocol. In the absence of such notification, the transitional period shall expire at the end of the two-year period specified in the first subparagraph.
At the end of the transitional period laid down in this paragraph all restrictions referred to in this paragraph shall be abolished.
Upon entry into force of the Protocol to this Agreement regarding the participation, as contracting parties, of the new Member States mentioned below and until the end of the period described in paragraph 1a, Switzerland shall reserve on an yearly basis (pro rata temporis), within its overall quota for third countries, for workers employed in Switzerland and for self-employed persons 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 ( 7 ) according to the following schedule:
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Until |
Number of permits for a period equal to or exceeding one year |
Number of permits for a period of more than four months and less than one year |
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31 May 2005 |
900 |
9 000 |
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31 May 2006 |
1 300 |
12 400 |
|
31 May 2007 |
1 700 |
15 800 |
|
31 May 2008 |
2 200 |
19 200 |
|
31 May 2009 |
2 600 |
22 600 |
Upon entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania and until the end of the period described in paragraph 1b, Switzerland shall reserve on a yearly basis (pro rata temporis), within its overall quota for third countries, for workers employed in Switzerland and for self-employed persons who are nationals of these new Member States a minimum number of new residence permits ( 8 ) according to the following schedule:
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Period of time |
Number of permits for a period equal to or exceeding one year |
Number of permits for a period of more than four months and less than one year |
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Until the end of the first year |
362 |
3 620 |
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Until the end of the second year |
523 |
4 987 |
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Until the end of the third year |
684 |
6 355 |
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Until the end of the fourth year |
885 |
7 722 |
|
Until the end of the fifth year |
1 046 |
9 090 |
Upon entry into force of the Protocol to this Agreement regarding the participation of the Republic of Croatia as a Contracting Party, and until the end of the period described in paragraph 1c, Switzerland shall reserve on a yearly basis (pro rata temporis), within its overall quota for third countries for workers employed in Switzerland and for self-employed persons who are nationals of Croatia a minimum number of new residence permits ( 9 ) according to the following schedule:
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Until the end of |
Number of permits for a period of one year or more |
Number of permits for a period of more than four months and less than one year |
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First year |
54 |
543 |
|
Second year |
78 |
748 |
|
Third year |
103 |
953 |
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Fourth year |
133 |
1 158 |
|
Fifth year |
250 |
2 000 |
The Joint Committee will decide whether the notifying country may continue to apply transitional measures on the basis of this notification. If it issues a favourable opinion, the notifying country may continue to apply to workers employed on its own territory the measures described in paragraphs 1c, 2c and 3c until the end of the seventh year after the entry into force of the aforementioned Protocol. In this case, the annual number of residence permits referred to in paragraph 1c shall be:
|
Until the end of |
Number of permits for a period of one year or more |
Number of permits for a period of more than four months and less than one year |
|
Sixth year |
260 |
2 100 |
|
Seventh year |
300 |
2 300 . |
Notwithstanding the provisions of the previous subparagraph, the number of new residence permits issued to employed and self-employed persons of the European Community may not be limited to fewer than 15 000 per year valid for a period equal to, or exceeding, one year and 115 500 per year valid for more than four months and less than one year.
In case of serious disturbances of its labour market or threat thereof, Switzerland and any of the new Member States which has implemented transitional measures, shall notify such circumstances to the Joint Committee by 31 May 2009. In this case, the notifying country may continue to apply to workers employed on its own territory, the measures described in paragraphs 1a, 2a and 3a until 30 April 2011. In such a case, the annual number of residence permits referred to in paragraph 1a shall be:
|
Until |
Number of permits for a period equal to or exceeding one year |
Number of permits for a period of more than four months and less than one year |
|
31 May 2010 |
2 800 |
26 000 |
|
30 April 2011 |
3 000 |
29 000 |
Malta and Switzerland may resort to this procedure until 30 April 2011.
In case of serious disturbances of its labour market or threat thereof, Switzerland and any of the new Member States which has implemented transitional measures shall notify such circumstances to the Joint Committee before the end of the five-year transitional period specified in paragraph 2b(2). In this case, the notifying country may continue to apply to workers employed on its own territory the measures described in paragraphs 1b, 2b and 3b until seven years after the entry into force of the aforementioned Protocol. In such a case, the annual number of residence permits referred to in paragraph 1b shall be:
|
Period of time |
Number of permits for a period equal to or exceeding one year |
Number of permits for a period of more than four months and less than one year |
|
Until the end of the sixth year |
1 126 |
10 457 |
|
Until the end of the seventh year |
1 207 |
11 664 |
By way of derogation from the preceding subparagraph, the following provisions shall apply at the end of the sixth and seventh reference years: If the number of new residence permits of one of the categories referred to in paragraph 1c issued to employed and self-employed persons of Croatia in a given year exceeds the average for the year that precedes the reference year by more than 10 %, Switzerland may, for the application year, unilaterally limit the number of new residence permits for periods of one year or more for employed and self-employed persons of Croatia to the average of the three years preceding the application year, plus 5 %, and the number of new residence permits for a period of more than four months and less than one year to the average of the three years preceding the application year, plus 10 %. Permits may be limited to the same number for the year following the application year.
For the purposes of the application of paragraph 4d:
the term ‘reference year’ is a given year that is calculated from the first day of the month in which the Protocol enters into force;
the term ‘application year’ refers to the year following the reference year.
The holders of residence permits valid for less than one year shall be entitled to have their permits renewed; the exhaustion of quantitative limits may not be invoked against them. The holders of residence permits valid for a period equal to, or exceeding, one year shall automatically be entitled to have their permits extended. Such employed and self-employed persons shall therefore enjoy the rights to free movement accorded to established persons in the basic provisions of this Agreement, and in particular Article 7 thereof, from its entry into force.
The holders of residence permits valid for less than one year shall be entitled to have their permits renewed; the exhaustion of quantitative limits may not be invoked against them. The holders of residence permits valid for a period equal to, or exceeding, one year shall automatically be entitled to have their permits extended. Such employed and self-employed persons shall therefore enjoy the rights to free movement accorded to established persons in the basic provisions of this Agreement, and in particular Article 7 thereof, from the entry into force of the aforementioned Protocol.
The holders of residence permits valid for less than one year shall be entitled to have their permits renewed; the exhaustion of quantitative limits may not be invoked against them. The holders of residence permits valid for a period of one year or more shall automatically be entitled to have their permits extended. Such employed and self-employed persons shall therefore enjoy the rights to free movement accorded to established persons by the basic provisions of this Agreement, and in particular Article 7 thereof, from the entry into force of the aforementioned Protocol.
Article 11
Processing of appeals
Article 12
More favourable provisions
This Agreement shall not preclude any more favourable national provisions which may exist for both nationals of the Contracting Parties and their family members.
Article 13
Standstill
The Contracting Parties undertake not to adopt any further restrictive measures vis-à-vis each other's nationals in fields covered by this Agreement.
Article 14
Joint Committee
Article 15
Annexes and Protocols
The Annexes and Protocols to this Agreement shall form an integral part thereof. The Final Act shall contain the declarations.
Article 16
Reference to Community law
Article 17
Development of law
Article 18
Revision
If a Contracting Party wishes to have this Agreement revised, it shall submit a proposal to that effect to the Joint Committee. Amendments to this Agreement shall enter into force after the respective internal procedures have been completed, with the exception of amendments to Annexes II and III, which shall be adopted by decision of the Joint Committee and may enter into force immediately after that decision.
Article 19
Settlement of disputes
Article 20
Relationship to bilateral social security agreements
Unless otherwise provided for under Annex II, bilateral social security agreements between Switzerland and the Member States of the European Community shall be suspended on the entry into force of this Agreement, in so far as the latter covers the same subject-matter.
Article 21
Relationship to bilateral agreements on double taxation
Article 22
Relationship to bilateral agreements on matters other than social security and double taxation
Article 23
Acquired rights
In the event of termination or non-renewal, rights acquired by private individuals shall not be affected. The Contracting Parties shall settle by mutual agreement what action is to be taken in respect of rights in the process of being acquired.
Article 24
Territorial scope
This Agreement shall apply, on the one hand, to the territory of Switzerland and, on the other hand, to the territories in which the Treaty establishing the European Community is applicable and under the conditions laid down by that Treaty.
Article 25
Entry into force and duration
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 deposit of the instruments of ratification or approval of all seven of the following agreements:
Hecho en Luxemburgo, el veintiuno de junio de mil novecientos noventa y nueve, en doble ejemplar en lenguas alemana, danesa, española, finesa, francesa, griega, inglesa, italiana, neerlandesa, portuguesa y sueca, siendo cada uno de estos textos igualmente auténtico.
Udfærdiget i Luxembourg, den enogtyvende juni nitten hundrede og nioghalvfems, i to eksemplarer på dansk, engelsk, finsk, fransk, græsk, italiensk, nederlandsk, portugisisk, spansk, svensk og tysk, idet hver af disse tekster har samme gyldighed.
Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig in zweifacher Ausfertigung in dänischer, deutscher, englischer, finnischer, französischer, griechischer, italienischer, niederländischer, portugiesischer, spanischer und schwedischer Sprache, wobei jeder dieser Wortlaute gleichermaßen verbindlich ist.
Έγινε στο Λουξεμβούργο, στις είκοσι μία Ιουνίου χίλια εννιακόσια ενενήντα εννέα, σε δύο αντίτυπα στην αγγλική, γαλλική, γερμανική, δανική, ελληνική, ισπανική, ιταλική, ολλανδική, πορτογαλική, σουηδική και φινλανδική γλώσσα· καθένα από τα κείμενα είναι εξίσου αυθεντικό.
Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine, in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of those texts being equally authentic.
Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf, en double exemplaire en langues allemande, anglaise, danoise, espagnole, finnoise, française, grecque, italienne, néerlandaise, portugaise et suédoise, chacun de ces textes faisant également foi.
Fatto a Lussemburgo, addì ventuno giugno millenovecentonovantanove, in duplice esemplare, nelle lingue danese, finlandese, francese, greca, inglese, italiana, olandese, portoghese, spagnola, svedese e tedesca, ciascun testo facente ugualmente fede.
Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig, in twee exemplaren in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle teksten gelijkelijk authentiek.
Feito em Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove, em duplo exemplar nas línguas alemã, dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, italiana, neerlandesa, portuguesa e sueca, fazendo igualmente fé qualquer dos textos.
Tehty Luxemburgissa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän kahtena kappaleena englannin, espanjan, hollannin, italian, kreikan, portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellä, ja jokainen teksti on yhtä todistusvoimainen.
Utfärdat i Luxemburg den tjugoförsta juni nittonhundranittionio i två exemplar på det danska, engelska, finska, franska, grekiska, italienska, nederländska, portugisiska, spanska, svenska och tyska språket, vilka samtliga texter är lika giltiga.
Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien
Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
På Kongeriget Danmarks vegne
Für die Bundesrepublik Deutschland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Thar cheann Na hÉireann
For Ireland
Per la Repubblica italiana
Pour le Grand-Duché de Luxembourg
Voor het Koninkrijk der Nederlanden
Für die Republik Österreich
Pela República Portuguesa
Suomen tasavallan puolesta
För Republiken Finland
För Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland
Por la Comunidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Für der schweizerischen Eidgenossenschaft
Pour la Confédération suisse
Per la Confederazione svizzera
ANNEX I
FREE MOVEMENT OF PERSONS
I.
GENERAL PROVISIONS
Article 1
Entry and exit
No entry visa or equivalent requirement may be demanded save in respect of members of the family and posted workers within the meaning of Article 17 of this Annex who do not have the nationality of a Contracting Party. The Contracting Party concerned shall grant these persons every facility for obtaining any necessary visas.
The Contracting Parties, acting in accordance with their laws, shall issue to such nationals, or renew, an identity card or passport, which shall state in particular the holder's nationality.
The passport must be valid at least for all the Contracting Parties and for the countries through which the holder must pass when travelling between them. Where the passport is the only document on which the holder may lawfully leave the country, its period of validity may not be less than five years.
Article 2
Residence and economic activity
Nationals of a Contracting Party shall also have the right to visit another Contracting Party or to remain there after a period of employment of less than one year in order to seek employment and to reside there for a reasonable amount of time, which may be up to six months, to allow them to find out about the employment opportunities corresponding to their professional qualifications and, if necessary, take the appropriate steps to take up employment. Those seeking employment shall have the right, in the territory of the Contracting Party concerned, to receive the same assistance as employment agencies in that state grant to its own nationals. They may be excluded from social security schemes for the duration of such residence.
Article 3
Members of the family
The following shall be regarded as members of the family, whatever their nationality:
his spouse and their relatives in the descending line who are under the age of 21 or are dependent;
his relatives in the ascending line and those of his spouse who are dependent on him;
in the case of a student, his spouse and their dependent children.
The Contracting Parties shall facilitate the admission of any member of the family not covered by the provisions of this paragraph under (a), (b) and (c), if that person is a dependant or lives in the household of the national of a Contracting Party in the country of provenance.
When issuing a residence permit to members of the family of a national of a Contracting Party, the Contracting Parties may require only the documents listed below:
the document by virtue of which they entered the territory;
a document issued by the competent authority of the state of origin or provenance proving their relationship;
for dependants, a document issued by the competent authority of the state of origin or provenance certifying that they are dependants of the person referred to in paragraph 1 or that they live in his household in that state.
The Contracting Parties shall promote initiatives to enable such children to follow the abovementioned courses under the best conditions.
Article 4
Right to stay
Article 5
Public order
II.
EMPLOYED PERSONS
Article 6
Rules regarding residence
An employed person who is employed for a period of up to three months does not require a residence permit.
When issuing residence permits, the Contracting Parties may not require an employed person to produce more than the following documents:
the document by virtue of which he entered their territory;
a contractual statement from the employer or a written confirmation of engagement.
Article 7
Employed frontier workers
The competent authorities of the state of employment may nevertheless issue the frontier worker with a special permit for a period of at least five years or for the duration of his employment where this is longer than three months and less than one year. It shall be extended for at least five years provided that the frontier worker furnishes proof that he is actually pursuing an economic activity.
Article 8
Occupational and geographical mobility
Article 9
Equal treatment
These provisions shall be without prejudice to laws or regulations in the host state which confer more extensive rights on employed persons from the other Contracting Party.
Such a worker shall have the same right as nationals to register on the housing lists in the region in which he is employed, where such lists exist; he shall enjoy the resultant benefits and priorities.
If his family has remained in his state of provenance, it shall be considered for this purpose as residing in the said region, where national workers benefit from a similar presumption.
Article 10
Public service employment
A national of a Contracting Party pursuing an activity as an employed person may be refused the right to take up employment in the public service which involves the exercise of public power and is intended to protect the general interests of the state or other public bodies.
Article 11
Cooperation in relation to employment services.
The Contracting Parties shall cooperate, within the EURES (European Employment Services) network, in particular in setting up contacts, matching job vacancies and applications and exchanging information on the state of the labour market and living and working conditions.
III.
SELF-EMPLOYED PERSONS
Article 12
Rules regarding residence
When issuing residence permits, the Contracting Parties may not require self-employed persons to produce more than the following:
the document by virtue of which he entered their territory;
the evidence referred to in paragraphs 1 and 2.
Article 13
Self-employed frontier workers
The relevant authorities of the state concerned may nevertheless issue a self-employed frontier worker with a special permit valid for at least five years provided that he produces evidence to the competent national authorities that he is pursuing or wishes to pursue a self-employed activity. The permit shall be extended for at least five years, provided that the frontier worker produces evidence that he is pursuing a self-employed activity.
Article 14
Occupational and geographical mobility
Article 15
Equal treatment
Article 16
Exercise of public authority
A self-employed person may be denied the right to pursue an activity involving, even on an occasional basis, the exercise of public authority.
IV.
PROVISION OF SERVICES
Article 17
Persons providing services
With regard to the provision of services, the following shall be prohibited under Article 5 of this Agreement:
any restriction on the cross-frontier provision of services in the territory of a Contracting Party not exceeding 90 days of actual work per calendar year;
any restriction on the right of entry and residence in the cases covered by Article 5(2) of this Agreement concerning:
persons providing services who are nationals of the Member States of the European Community or Switzerland and are established in the territory of a Contracting Party other than that of the person receiving services;
employees, irrespective of their nationality, of persons providing services, who are integrated into one Contracting Party's regular labour market and posted for the provision of a service in the territory of another Contracting Party without prejudice to Article 1.
Article 18
The provisions of Article 17 of this Annex shall apply to companies formed in accordance with the law of a Member State of the European Community or Switzerland and having their registered office, central administration or principal place of business in the territory of a Contracting Party.
Article 19
A person providing services who has the right or has been authorised to provide a service may, for the purposes of its provision, temporarily pursue his activity in the state in which the service is provided on the same terms as those imposed by that state on its own nationals, in accordance with the provisions of this Annex and Annexes II and III.
Article 20
For the purposes of issuing residence permits, the Contracting Parties may not require of the persons referred to in Article 17(b) of this Annex more than:
the document by virtue of which they entered the territory;
evidence that they are providing or wish to provide a service.
Article 21
Article 22
The provisions of Articles 17(a) and 19 of this Annex shall be without prejudice to the applicability of the laws, regulations and administrative provisions prevailing in all Contracting Parties at the time of this Agreement's entry into force in respect of:
the activities of temporary and interim employment agencies;
financial services where provision is subject to prior authorisation in the territory of a Contracting Party and the provider to prudential supervision by that Contracting Party's authorities.
Article 23
Persons receiving services
V.
PERSONS NOT PURSUING AN ECONOMIC ACTIVITY
Article 24
Rules regarding residence
A person who is a national of a Contracting Party not pursuing an economic activity in the state of residence and having no right of residence pursuant to other provisions of this Agreement shall receive a residence permit valid for at least five years provided he proves to the competent national authorities that he possesses for himself and the members of his family:
sufficient financial means not to have to apply for social assistance benefits during their stay;
all-risks sickness insurance cover ( 12 ).
The Contracting Parties may, if they consider it necessary, require the residence permit to be revalidated at the end of the first two years of residence.
VI.
PURCHASE OF IMMOVABLE PROPERTY
Article 25
VII.
TRANSITIONAL PROVISIONS AND DEVELOPMENT OF THE AGREEMENT
Article 26
General provisions
Article 27
Rules relating to the residence of employed persons
Persons who have previously held temporary jobs in the territory of the host state for at least 30 months shall automatically have the right to take up employment for an unlimited duration ( 13 ). They may not be denied this right on the grounds that the number of residence permits guaranteed has been exhausted.
Persons who have previously held seasonal employment in the territory of the host state for a total of not less than 50 months during the last 15 years and do not meet the conditions of entitlement to a residence permit in accordance with the provisions of subparagraph (a) above shall automatically have the right to take up employment for an unlimited duration.
Article 28
Employed frontier workers
Article 29
Employed persons' right to return
Article 30
Employed persons' occupational and geographical mobility
Article 31
Rules relating to the residence of self-employed persons
A national of a Contracting Party wishing to become established in the territory of another Contracting Party in order to pursue a self-employed activity (hereinafter referred to as a ‘self-employed worker’) shall receive a residence permit valid for a period of six months. He shall receive a residence permit valid for at least five years provided that he proves to the competent national authorities before the end of the six-month period that he is pursuing a self-employed activity. If necessary, the six-month period may be extended by a maximum of two months if there is a genuine likelihood that he will produce such proof.
Article 32
Self-employed frontier workers
Article 33
Self-employed persons' right to return
Article 34
Self-employed persons' occupational and geographical mobility
Special permits issued to self-employed frontier workers shall confer the right to occupational and geographical mobility within the frontier zones of Switzerland or its neighbouring states. Preliminary six-month residence permits issued in advance (in the case of frontier workers, special permits) shall confer the right only to geographical mobility.
ANNEX I
TRANSITIONAL MEASURES ON THE PURCHASE OF LAND AND SECONDARY RESIDENCE
1. The Czech Republic
(a) The Czech Republic may maintain in force for five years from the date of its accession to the EU the rules laid down in the Foreign Exchange Act No 219/1995 Sb., as amended, on the acquisition of secondary residences by Swiss nationals non-resident in the Czech Republic and by companies formed in accordance with the laws of Switzerland and being neither established nor having a branch or a representative agency in the territory of the Czech Republic.
(b) The Czech Republic may maintain in force for seven years from the date of accession to the EU the rules laid down in the Foreign Exchange Act No 219/1995 Sb., as amended, Act No 229/1991 Sb., on the arrangement of ownership relations towards land and other agricultural property, and the Act No 95/1999 Sb., on conditions relating to the transfer of agricultural land and forests from the state ownership to ownership of other entities regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with the laws of Switzerland which are neither established nor registered in the Czech Republic. Without prejudice to another provision of this point 1, a Swiss national may in no instance be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of the Protocol or be treated in a more restrictive way than a national of a third country.
(c) Self-employed farmers who are Swiss nationals and who wish to establish themselves and reside in the Czech Republic shall not be subject to the provisions of (b) or to any procedures other than those to which nationals of the Czech Republic are subject.
(d) A general review of these transitional measures shall be held in the third year following the date of accession of the Czech Republic to the EU. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).
(e) Should the Czech Republic introduce conditions for the acquisition of real estate in the Czech Republic by non-residents during the transitional period, they shall be based on transparent, objective, stable and public criteria. These criteria shall be applied in a non-discriminatory manner and shall not differentiate between nationals of Czech Republic and Swiss nationals.
(f) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of the Czech Republic, the Joint Committee, at the request of the Czech Republic, shall decide upon the extension of the transitional period for up to a maximum of three years.
2. Estonia
(a) Estonia may maintain in force for seven years from the date of its accession to the EU, its legislation existing at the time of signature of this Protocol regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with the laws of Switzerland and being neither established nor registered nor having a local branch or agency in Estonia. In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a more restrictive way than a national of a third country. According to this legislation, Estonia has adopted the Act on Restrictions on Acquisition of Immovable Property and the Amendments to the Land Reform Act, both from 12 February 2003.
(b) Swiss nationals who wish to establish themselves as self-employed farmers and reside in Estonia, and who have been legally resident and active in farming in Estonia for at least three years continuously, shall not be subject to the provisions of (a) or to any procedures other than those to which nationals of Estonia are subject.
(c) A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, 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 terminate the transitional period indicated in (a).
(d) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Estonia, the Joint Committee, at the request of Estonia, shall decide upon the extension of the transitional period for up to a maximum of three years.
3. Cyprus
Cyprus may maintain for five years from the date of its accession to the EU, its legislation as in force on 31 December 2000 regarding the acquisition of residences for secondary use.
According to the Acquisition of Real Estate (Aliens) Cap 109 and the Amending Laws 52/69, 55/72 and 50/90, the acquisition of real estate in Cyprus by non-Cypriots is subject to the approval by the Council of Ministers. The Council of Ministers has authorised the District Officers to grant approval on its behalf. When the real estate concerned exceeds 2 donums (1 donum = 1 338 m2), approval may be granted only for the following purposes:
primary or secondary residence not exceeding an area of 3 donums,
professional or commercial premises,
industry in sectors deemed beneficial for the Cypriot economy.
The above law has been amended by the ‘Acquisition of Real Estate (Aliens) (Amendment) Law of 2003, No 54(I)/2003’. The new Law imposes no restrictions on EU nationals and EU registered companies for the acquisition of real estate linked to primary residence and foreign direct investment or the acquisition of real estate by EU real estate agents and land developers. Regarding the acquisition of residence for secondary use, the Law provides that for a period of five years, following Cyprus's accession to EU, EU nationals not permanently residing in Cyprus and EU registered companies not having their registered office, central administration or principal place of business in Cyprus, may not acquire real estate for the purpose of using it as secondary residence, without prior authorisation by the Council of Ministers, which has delegated its authority to the District Officers, as mentioned above.
4. Latvia
(a) Latvia may maintain in force for seven years from the date of accession the rules laid down in Law on Amendments to the Law on Privatisation of Land in Rural (in force since 14 April 2003) regarding the acquisition of agricultural land and forests by Swiss nationals and companies formed in accordance with the laws of Switzerland and being neither established nor registered nor having a local branch or agency in Latvia. In no instance may a national of Switzerland be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a more restrictive way than a national of a third country.
(b) A general review of these transitional measures shall be held before the end of the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).
(c) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Latvia, the Joint Committee, at the request of Latvia, shall decide upon the extension of the transitional period for up to a maximum of three years.
5. Lithuania
(a) Lithuania may maintain in force for seven years from the date of its accession to the EU, its legislation existing at the time of signature of this Protocol regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with the Swiss laws and being neither established nor registered nor having a local branch or agency in Lithuania. In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a more restrictive way than a national of a third country. According to this legislation, Swiss nationals and legal persons, as well as organisations set up in Switzerland without the status of a legal person, but with the civil capacity laid down in the Swiss laws, may not acquire agricultural land and forestry land before the end of the 7-year transitional period defined in 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, and who have been legally resident and active in farming in Lithuania for at least three years continuously, shall not be subject to the provisions of (a) or to any procedures other than those to which nationals of Lithuania are subject.
(c) A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).
(d) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Lithuania, the Joint Committee, at the request of Lithuania, shall decide upon the extension of the transitional period for up to a maximum of three years.
6. Hungary
(a) Hungary may maintain in force for five years from the date of its accession to the EU, its legislation contained in Act LV of 1994 on Agricultural Land as amended regarding the acquisition of secondary residences.
(b) Swiss nationals who have been legally resident in Hungary at least for four years continuously shall not be subject to the provisions of (a) or to any rules and procedures other than those to which nationals of Hungary are subject. During the transitional period Hungary shall apply authorisation procedures for the acquisition of secondary residences based on objective, stable, transparent and public criteria. These criteria shall be applied in a non-discriminatory manner and shall not differentiate between Swiss nationals residing in Hungary.
(c) Hungary may maintain in force for seven years from the date of its accession to the EU, the prohibitions contained in Act LV of 1994 on Agricultural Land as amended on the acquisition of agricultural land by natural persons who are non-residents or non nationals of Hungary and by legal persons.
(d) Swiss nationals who want to establish themselves as self-employed farmers and who have been legally resident and active in farming in Hungary at least for three years continuously, shall not be subject to the provisions of (c) or to any rules and procedures other than those to which nationals of Hungary are subject.
(e) A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (c).
(f) Should Hungary apply authorisation procedures for the acquisition of agricultural land during the transitional period, they shall be based on objective, stable, transparent and public criteria. These criteria shall be applied in a non-discriminatory manner.
(g) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Hungary, the Joint Committee, at the request of Hungary, shall decide upon the extension of the transitional period for up to a maximum of three years.
7. Malta
Purchase of property in the Maltese islands is regulated by the Immovable Property (Acquisition by Non-Residents) Act (Cap. 246 of the Laws of Malta). This Act provides that:
A Swiss national may purchase immovable property in Malta to be used by such person as a residence (not necessarily a primary residence) provided such person does not already own another residence in Malta. Such purchases do not require the person to have a right of residence in Malta although they are subject to a permit which (with a limited number of exceptions specified in the legislation) may not be withheld if the value of the property is higher than an amount determined annually by an index (currently Lm 30 000 for an apartment and Lm 50 000 for a house).
Swiss nationals may also set up their primary residence in Malta at any time in accordance with the relevant national legislation. Leaving Malta shall not entail any obligation to dispose of any property acquired as a primary residence.
Swiss nationals who purchase properties in special designated areas established by the Act (usually areas forming part of urban regeneration projects) do not require a permit for such purchases, neither are they limited in the number, use or value of such properties that they may purchase.
8. Poland
(a) Poland may maintain in force for five years from the date of its accession to the EU, its legislation existing at the time of signature of this Protocol regarding the acquisition of secondary residences. According to this legislation, a Swiss national will have to comply with the requirements laid down in the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners (Dz.U. 1996, Nr 54, poz. 245 with amendments), as amended.
(b) Swiss nationals who have been legally resident in Poland for four years continuously shall not, as regards the acquisition of secondary residences, be subject to the provisions of (c) or to any procedures other than those to which nationals of Poland are subject.
(c) Poland may maintain in force for twelve years from the date of its accession to the EU, its legislation regarding the acquisition of agricultural land and forests. In no instance may Swiss nationals or legal persons formed in accordance with the Swiss laws be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol. According to this legislation, a Swiss national will have to comply with the requirements laid down in the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners (Dz.U. 1996, Nr 54, poz. 245 with amendments), as amended.
(d) Swiss nationals who want to establish themselves as self-employed farmers and who have been legally resident and leasing land in Poland as a natural or legal person for at least three years continuously, shall not be subject to the provisions of (c) or to any procedures other than those to which nationals of Poland are subject as regards the purchase of agricultural land and forests from the date of accession. In the Warmińsko-Mazurskie, Pomorskie, Kujawsko-Pomorskie, Zachodniopomorskie, Lubuskie, Dolnośląkie, Opolskie and Wielkopolskie voivodships, the residence and leasing period indicated in the preceding sentence shall extend to seven years. The lease period preceding the purchase of land shall be calculated individually for each Swiss national who has been leasing land in Poland from the certified date of the original lease agreement. Self-employed farmers who have been leasing land not as natural but as legal persons can transfer the rights of the legal person under the lease agreement to themselves as natural persons. For calculating the lease period preceding the right to purchase, the lease period of the contracts as legal persons shall be counted. Lease agreements by natural persons can be provided with a certified date retroactively and the entire lease period of the certified contracts will be counted. There shall be no deadlines for self-employed farmers to transform their current lease contracts into contracts as natural persons or into written contracts with a certified date. The procedure to transform lease contracts shall be transparent and shall under no circumstances form a new obstacle.
(e) A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).
(f) During the transitional period, Poland shall apply an authorisation procedure laid down by law which will ensure that the grant of authorisations for the acquisition of real estate in Poland is based on transparent, objective, stable and public criteria. These criteria shall be applied in a non-discriminatory manner.
9. Slovenia
(a) If, until the end of a period of up to a maximum of seven years after the date of Slovenia's accession to the EU, difficulties arise which are serious and liable to persist in real estate market or which could bring about serious deterioration in real estate market of a given area, Slovenia may apply for authorisation to take protective measures in order to rectify the situation in the real estate market.
(b) Upon request by Slovenia, the Joint Committee shall, by emergency procedure determine the protective measures, which it considers necessary, specifying the conditions and modalities in which they are to be put into effect.
(c) In the event of serious difficulties in real estate market and at the express request of Slovenia, the Joint Committee shall act within five working days of the receipt of the request accompanied by the relevant background information. The measures thus decided shall be applicable forthwith and shall take account of the interests of all parties concerned.
(d) The measures authorised under (b) may involve derogations from the rules of this Agreement to such an extent and for such periods as are strictly necessary in order to attain the objectives referred to in (a).
10. Slovakia
(a) Slovakia may maintain in force for seven years from the date of its accession to the EU, its legislation regarding the acquisition by non-residents of agricultural land and forests. According to this legislation, (a non-resident may acquire ownership rights to real estate located in the Slovak Republic with the exception of the agricultural and forest land. The non resident may not acquire ownership rights to real estate whose acquisition is restricted by special regulation laid down in the Foreign Exchange Act No 202/1995 as amended).
(b) In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of the present Protocol or be treated in a more restrictive way than a national of a third country.
(c) Swiss nationals who want to establish themselves as self-employed farmers and who have been legally resident and active in farming in Slovakia for at least three years continuously, shall not be subject to the provisions of (b) or to any procedures other than those to which nationals of Slovakia are subject.
(d) A general review of these transitional measures shall be held before the end of the third year following the date of accession. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).
(e) Should Slovakia introduce authorisation procedures for the acquisition of real estate in Slovakia by non-residents during the transitional period, they shall be based on transparent, objective, stable and public criteria. These criteria shall be applied in a non-discriminatory manner and shall not differentiate between nationals of Slovakia and of Switzerland.
(f) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Slovakia, the Joint Committee, at the request of Slovakia, shall decide upon the extension of the transitional period for up to a maximum of three years.
11. Croatia
Croatia may maintain in force for seven years from the date of entry into force of this Protocol the restrictions laid down in its legislation, existing at the time of the signing of this Protocol, on the acquisition of agricultural land by Swiss nationals and by legal persons set up in accordance with the laws of Switzerland. In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land than at the date of the signing of this Protocol or be treated in a more restrictive way than a national of a country other than the Contracting Parties to the agreement or Contracting Parties to the Agreement on the European Economic Area.
Self-employed farmers who are Swiss nationals and who wish to establish themselves and reside in Croatia shall not be subject to the provisions of the preceding paragraph or to any procedures other than those to which the nationals of Croatia are subject.
A general review of these transitional measures shall be held in the third year following the date of entry into force of this Protocol. The Joint Committee may decide to shorten or terminate the transitional period indicated in the first paragraph.
If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or threat of serious disturbances on Croatia's agricultural land market, Croatia shall notify such circumstances to the Joint Committee before the end of the seven-year transitional period specified in the first paragraph. In this case, Croatia may continue to apply the measures described in the first paragraph until ten years after the entry into force of this Protocol. This extension may be limited to selected geographical areas particularly affected.
ANNEX II
CO-ORDINATION OF SOCIAL SECURITY SCHEMES
Article 1
Article 2
Article 3
Article 4
SECTION A: LEGAL ACTS REFERRED TO
(1)
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (
14),
as amended by:
For the purposes of this Agreement, Regulation (EC) No 883/2004 shall be adapted as follows:
the following shall be added to Annex I, section I:
‘ Switzerland
Cantonal legislation concerning the advances of maintenance payments based on Articles 131 paragraph 2 and 293 paragraph 2 of the Federal Civil Act.’;
the following shall be added to Annex I, section II:
‘ Switzerland
Birth grants and adoption grants pursuant to the relevant cantonal legislation based on Article 3 paragraph 2 of the Federal Family Allowances Act.’;
the following shall be added to Annex II:
‘ Germany-Switzerland
(a) Convention on social security of 25 February 1964, as amended by Complementary Conventions No 1 of 9 September 1975 and No 2 of 2 March 1989:
point 9b, paragraph 1, Nos 1-4 of the Final Protocol (legislation applicable and entitlement to sickness benefits in kind for residents of the German exclave of Büsingen);
point 9e, paragraph 1(b), first, second and fourth sentences, of the Final Protocol (access to voluntary sickness insurance in Germany by relocation in Germany).
(b) Convention on unemployment insurance of 20 October 1982, as amended by the Additional Protocol of 22 December 1992:
Article 8(5), Germany (district of Büsingen) shall contribute a sum equivalent to the cantonal contribution under Swiss law towards the cost of actual places on employment-promotion measures for workers subject to this provision.
Spain-Switzerland
Point 17 of the Final Protocol to the Convention on social security of 13 October 1969, as amended by the Complementary Convention of 11 June 1982; persons insured under the Spanish scheme by virtue of this provision are exempted from the requirement to join the Swiss sickness insurance scheme.
Italy-Switzerland
Article 9(1) of the Convention on social security of 14 December 1962, as amended by Complementary Convention No 1 of 18 December 1963, the Complementary Agreement of 4 July 1969, the Additional Protocol of 25 February 1974 and Complementary Agreement No 2 of 2 April 1980.’;
the following shall be added to Annex IV:
‘ Switzerland ’;
the following shall be added to Annex VIII, part 1:
‘ Switzerland
All claims for old-age, survivors’ and invalidity pensions under the basic scheme (Federal Law on old-age and survivors’ insurance and Federal Law on invalidity insurance) and statutory old-age pensions under the statutory occupational benefit plans (Federal Law on occupational benefit plans for old-age, survivors’ and invalidity insurance).’;
the following shall be added to Annex VIII, part 2:
‘ Switzerland
Old-age, survivors’ and invalidity pensions under the statutory occupational benefit plans (Federal Law on occupational benefit plans for old-age, survivors’ and invalidity insurance).’;
the following shall be added to Annex IX, part II:
‘ Switzerland
Survivors’ and invalidity pensions under the statutory occupational benefit plans (Federal Law on occupational benefit plans for old-age, survivors’ and invalidity insurance).’;
the following shall be added to Annex X:
‘ Switzerland
1. Supplementary benefits ( ►M8 Federal Supplementary Benefits Act of 6 October 2006 ◄ ) and similar benefits provided for under cantonal legislation.
2. Pensions in the case of hardship under invalidity insurance (Article 28 subparagraph 1a of the Federal Invalidity Insurance Act of 19 June 1959, as amended on 7 October 1994).
3. Non-contributory mixed benefits in the event of unemployment, as provided for under cantonal legislation.
4. Non-contributory extraordinary invalidity pensions for disabled persons (Article 39 of the Federal Invalidity Insurance Act of 19 June 1959) who have not been subject, before their incapacity for work, to the Swiss legislation on the basis of an activity as an employed or self-employed person.’;
the following shall be added to Annex XI:
‘ Switzerland
1. Article 2 of the Federal Old-Age and Survivors’ Insurance Act and Article 1 of the Federal Invalidity Insurance Act, which govern voluntary insurance in these insurance branches for Swiss nationals resident in States not subject to this Agreement, shall be applicable to persons resident outside Switzerland who are nationals of the other States to which this Agreement applies, and to refugees and stateless persons resident in the territory of these States, where these persons join the voluntary insurance scheme not later than one year after the date on which they ceased to be covered by old-age, survivors’ and invalidity insurance after a continuous period of insurance of at least five years.
2. Where a person ceases to be insured under Swiss old-age, survivors’ and invalidity insurance after a continuous period of insurance of at least five years, he shall continue to be entitled to be insured with the agreement of the employer if he works in a State to which this Agreement does not apply for an employer in Switzerland and if he submits an application to this effect within six months of the date on which he ceases to be insured.
3. Compulsory insurance under Swiss sickness insurance and possible exemptions
The Swiss legal provisions governing compulsory sickness insurance shall apply to the following persons not resident in Switzerland:
persons subject to Swiss legal provisions under Title II of the Regulation;
persons for whom Switzerland shall bear the costs of benefits according to Articles 24, 25, 26 of the Regulation;
persons receiving Swiss unemployment insurance benefits;
family members of persons referred to in (i) and (iii) or of an employed or self-employed person resident in Switzerland who is insured under the Swiss sickness insurance scheme, unless these family members are resident in one of the following States: Denmark, Spain, Hungary, Portugal, Sweden or the United Kingdom;
family members of persons referred to in (ii) or of a pensioner resident in Switzerland who is insured under the Swiss sickness insurance scheme, unless these family members are resident in one of the following States: Denmark, Portugal, Sweden or the United Kingdom.
As family members are considered those persons who are defined as family members according to the legislation of the state of residence.
Persons referred to in (a) may, on request, be exempted from compulsory insurance if and as long as they are resident in one of the following States and can prove that they are eligible for cover in the event of sickness: Germany, France, Italy, Austria, and, with regard to persons referred to in (a) (iv) and (v), Finland and, with regard to persons referred to in (a)(ii), Portugal.
This request
must be submitted within three months of the date on which the obligation to take out insurance in Switzerland comes into effect; where, in justified cases, the request is submitted after this deadline, the exemption shall take effect as from the commencement of the insurance obligation;
shall apply to all family members residing in the same State.
4. Where a person subject to Swiss legal provisions under Title II of the Regulation is, in application of 3(b), subject for the purposes of sickness insurance to the legal provisions of another State covered by this Agreement, the costs of these benefits in kind for non-occupational accidents shall be shared equally between the Swiss insurer against occupational and non-occupational accidents and industrial diseases and the competent sickness insurance institution if an entitlement exists to benefits in kind from both bodies. The Swiss insurer against occupational and non-occupational accidents and industrial diseases shall meet all costs in the event of occupational accidents, accidents on the way to work or industrial diseases, even where there is an entitlement to benefits from a sickness insurance body in the country of residence.
5. Persons who are working, but not residing in Switzerland and who have statutory insurance cover in their State of residence in accordance with point 3(b), as well as their family members, shall benefit from the provisions of Article 19 of the Regulation during a stay in Switzerland.
6. For the purposes of applying Articles 18, 19, 20, 27 of the Regulation in Switzerland, the competent insurer shall bear all invoiced costs.
7. Periods of daily allowance insurance completed under the insurance scheme of another State to which this Agreement applies shall be taken into account for reducing or lifting a possible reserve in daily allowance insurance in the event of maternity or sickness where the person becomes insured with a Swiss insurer within three months of ceasing to be covered by insurance in another country.
8. Where a person who was gainfully employed or self-employed in Switzerland and covering his vital needs has had to cease his activity owing to an accident or illness and is no longer subject to Swiss legislation on invalidity insurance, he shall be considered to be covered by that insurance for the purpose of eligibility for rehabilitation measures until the payment of an invalidity pension and throughout the period during which he benefits from these measures, provided that he has not taken up a new activity outside Switzerland.’.
(2)
Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (
20)
as amended by
For the purposes of this Agreement, Regulation (EC) No 987/2009 shall be adapted as follows:
The following shall be added to Annex 1:
‘Arrangement between Switzerland and France of 26 October 2004 fixing the special procedures for the reimbursement of health care benefits
►M8 Arrangement between Switzerland and Italy of 20 December 2005 fixing the special procedures for the reimbursement of health care benefits ◄ ’.
(3) Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community ( 24 ), as last amended by Regulation (EC) No 592/2008 of the European Parliament and of the Council ( 25 ), as applicable between Switzerland and the Member States before the entry into force of this Decision, and when referred to in Regulation (EC) No 883/2004 or (EC) No 987/2009 or when cases are concerned which occurred in the past.
(4) Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community ( 26 ), as last amended by Commission Regulation (EC) No 120/2009 ( 27 ), as applicable between Switzerland and the Member States before the entry into force of this Decision, and when referred to in Regulation (EC) No 883/2004 or (EC) No 987/2009 or when cases are concerned which occurred in the past.
(5) Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community ( 28 ).
SECTION B: LEGAL ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE ACCOUNT
(1) Decision of the Administrative Commission for the Coordination of Social Security Systems No A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents, the determination of the applicable legislation and the provision of benefits under Regulation (EC) No 883/2004 of the European Parliament and of the Council ( 29 ).
(2) Decision of the Administrative Commission for the Coordination of Social Security Systems No A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State ( 30 ).
(3) Decision of the Administrative Commission for the Coordination of Social Security Systems No A3 of 17 December 2009 concerning the aggregation of uninterrupted posting periods completed under the Council Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and of the Council ( 31 ).
(4) Decision of the Administrative Commission for the Coordination of Social Security Systems No E1 of 12 June 2009 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council ( 32 ).
(5) Decision of the Administrative Commission for the Coordination of Social Security Systems No F1 of 12 June 2009 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council relating to priority rules in the event of overlapping of family benefits ( 33 ).
(6) Decision of the Administrative Commission for the Coordination of Social Security Systems No H1 of 12 June 2009 concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems ( 34 ).
(7) Decision of the Administrative Commission for the Coordination of Social Security Systems No H2 of 12 June 2009 concerning the methods of operation and the composition of the Technical Commission for data processing of the Administrative Commission for the coordination of social security systems ( 35 ).
(8) Decision of the Administrative Commission for the Coordination of Social Security Systems No H 3 of 15 October 2009 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the Council ( 36 ).
(9) Decision of the Administrative Commission for the Coordination of Social Security Systems No H 4 of 22 December 2009 concerning the composition and working methods of the Audit Board of the Administrative Commission for the Coordination of Social Security Systems ( 37 ).
(10) Decision of the Administrative Commission for the Coordination of Social Security Systems No H 5 of 18 March 2010 concerning cooperation on combating fraud and error within the framework of Council Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council on the coordination of social security systems ( 38 ).
(11) Decision of the Administrative Commission for the Coordination of Social Security Systems No P1 of 12 June 2009 on the interpretation of Articles 50(4), 58 and 87(5) of Regulation (EC) No 883/2004 of the European Parliament and of the Council for the award of invalidity, old-Age and survivors’ benefits ( 39 ).
(12) Decision of the Administrative Commission for the Coordination of Social Security Systems No S1 of 12 June 2009 concerning the European Health Insurance Card ( 40 )..
(13) Decision of the Administrative Commission for the Coordination of Social Security Systems No S2 of 12 June 2009 concerning the technical specifications of the European Health Insurance Card ( 41 ).
(14) Decision of the Administrative Commission for the Coordination of Social Security Systems No S3 of 12 June 2009 defining the benefits covered by Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council and Article 25(A) (3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council ( 42 ).
(15) Decision of the Administrative Commission for the Coordination of Social Security Systems No S4 of 2 October 2009 concerning refund procedures for the implementation of Articles 35 and 41 of Regulation (EC) No 883/2004 of the European Parliament and of the Council ( 43 ).
(16) Decision of the Administrative Commission for the Coordination of Social Security Systems No S5 of 2 October 2009 on interpretation of the concept of ‘benefits in kind’ as defined in Article 1(va) of Regulation (EC) No 883/2004 of the European Parliament and of the Council in the event of sickness or maternity pursuant to Articles 17, 19, 20, 22, 24 (1), 25, 26, 27 (1, 3, 4 and 5), 28, 34 and 36 (1 and 2) of Regulation (EC) No 883/2004 and on calculation of the amounts to be refunded under Articles 62, 63 and 64 of Regulation (EC) No 987/2009 of the European Parliament and of the Council ( 44 ).
(17) Decision of the Administrative Commission for the Coordination of Social Security Systems No S6 of 22 December 2009 concerning the registration in the Member State of residence under Article 24 of Regulation (EC) No 987/2009 and the compilation of the inventories provided for in Article 64(4) of Regulation (EC) No 987/2009 ( 45 ).
(18) Decision of the Administrative Commission for the Coordination of Social Security Systems No S7 of 22 December 2009 concerning the transition from Regulations (EEC) Nos 1408/71 and 574/72 to Regulations (EC) Nos 883/2004 and 987/2009 and the application of reimbursement procedures ( 46 ).
(19) Decision of the Administrative Commission for the Coordination of Social Security Systems No U1 of 12 June 2009 concerning Article 54(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council relating to increases in unemployment benefit for dependent members of the family ( 47 ).
(20) Decision of the Administrative Commission for the Coordination of Social Security Systems No U2 of 12 June 2009 concerning the scope of Article 65(2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the right to unemployment benefits of wholly unemployed persons other than frontier workers who were resident in the territory of a Member State other than the competent Member State during their last period of employment or self-employment ( 48 ).
(21) Decision of the Administrative Commission for the Coordination of Social Security Systems No U3 of 12 June 2009 concerning the scope of the concept of ‘partial unemployment’ applicable to the unemployed persons referred to in Article 65(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council ( 49 ).
(22) Decision of the Administrative Commission for the Coordination of Social Security Systems No E2 of 3 March 2010 concerning the establishment of a change management procedure applying to details of the bodies defined in Article 1 of Regulation (EC) No 883/2004 of the European Parliament and of the Council which are listed in the electronic directory which is an inherent part of EESSI ( 50 ).
(23) Decision of the Administrative Commission for the Coordination of Social Security Systems No E3 of 19 October 2011 concerning the transitional period as defined in Article 95 of Regulation (EC) No 987/2009 of the European Parliament and of the Council ( 51 ).
(24) Decision of the Administrative Commission for the Coordination of Social Security Systems No H6 of 16 December 2010 concerning the application of certain principles regarding the aggregation of periods under Article 6 of Regulation (EC) No 883/2004 on the coordination of social security systems ( 52 ).
(25) Decision of the Administrative Commission for the Coordination of Social Security Systems No S8 of 15 June 2011 concerning the granting of prostheses, major appliances and other substantial benefits in kind provided for in Article 33 of Regulation (EC) No 883/2004 on the coordination of social security systems ( 53 ).
(26) Decision of the Administrative Commission for the Coordination of Social Security Systems No U4 of 13 December 2011 concerning the reimbursement procedures under Article 65(6) and (7) of Regulation (EC) No 883/2004 and Article 70 of Regulation (EC) No 987/2009 ( 54 ).
SECTION C: LEGAL ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE
(1) Recommendation of the Administrative Commission for the Coordination of Social Security Systems No U1 of 12 June 2009 concerning the legislation applicable to unemployed persons engaging in part-time professional or trade activity in a Member State other than the State of residence ( 55 ).
(2) Recommendation of the Administrative Commission for the Coordination of Social Security Systems No U2 of 12 June 2009 concerning the application of Article 64(1)(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council to unemployed persons accompanying their spouses or partners pursuing a professional or trade activity in a Member State other than the competent State ( 56 ).
(3) Recommendation of the Administrative Commission for the Coordination of Social Security Systems No S1 of 15 March 2012 concerning financial aspects of cross-border living organ donations ( 57 ).
PROTOCOL I
to Annex II to the Agreement
I. Unemployment insurance
The following arrangements 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, the Republic of Slovenia and the Slovak Republic until 30 April 2011 and to workers who are nationals of the Republic of Bulgaria and Romania until 31 May 2016.
Paragraph 1 of the Section ‘Unemployment Insurance’ of the Protocol to Annex II shall apply to workers who are nationals of the Republic of Croatia until the end of the seventh year after the entry into force of this Protocol.
1. The following rules shall apply with respect to unemployment insurance for workers holding a residence permit with a period of validity of less than one year:
Only workers who have paid contributions in Switzerland for the minimum period required under the Federal Unemployment Insurance and Insolvency Allowances Act (loi fédérale sur l’assurance-chômage obligatoire et l’indemnité en cas d’insolvabilité — LACI) ( 58 ) and who also satisfy the other conditions of eligibility for unemployment benefit shall be entitled to such benefit provided by the unemployment insurance under the conditions laid down by law.
A portion of the contributions levied for workers whose period of contribution is too short to give entitlement to unemployment benefit in Switzerland under 1.1 shall be refunded to their States of origin in accordance with the provisions of 1.3. in order to contribute towards the cost of benefits provided to these workers in the event of full unemployment; these workers shall then have no entitlement to benefit in the event of their being fully unemployed in Switzerland. They shall, however, be entitled to allowances for bad weather and in the event of the employer becoming insolvent. Benefits in the event of full unemployment shall be paid by the State of origin, provided that the workers concerned make themselves available for work. Periods of insurance completed in Switzerland shall be taken into account in the same way as if they had been completed in the State of origin.
The portion of the contributions levied for workers referred to in 1.2 shall be refunded on an annual basis in accordance with the following provisions:
The total contributions of these workers shall be calculated, by country, on the basis of the annual number of workers employed and the average annual contributions paid for each worker (employer’s and employee’s contributions).
Of the amount calculated in this way, a portion thereof corresponding to the relative share represented by unemployment benefit as a percentage of all the allowances referred to in 1.2 shall be refunded to the workers’ States of origin, and a portion shall be retained by Switzerland as a reserve for subsequent benefits ( 59 ).
Switzerland shall, on an annual basis, provide a statement showing the contributions refunded. If the States of origin so request, it shall indicate the bases for the calculation and the sums refunded. The States of origin shall each year notify Switzerland of the number of recipients of unemployment benefit as referred to in 1.2.
2. If a Member State concerned by this arrangement encounters difficulties with the ending of the arrangements for refunding of contributions, or Switzerland encounters difficulties with the aggregation arrangements, the matter may be referred to the Joint Committee by any of the contracting parties.
II. Allowances for helpless persons
Allowances for helpless persons granted under the Swiss Federal Act of 19 June 1959 on invalidity insurance (LAI) and under the Federal Act of 20 December 1946 on old-age and survivors’ pensions (LAVS) as amended on 8 October 1999 shall be provided exclusively if the person concerned resides in Switzerland.
III. Occupational benefit plans concerning old-age, survivors’ and invalidity pensions
Notwithstanding Article 10(2) of Regulation (EEC) No 1408/71, the vested benefit provided for under the Federal Act on free movement among occupational benefit plans concerning old-age, survivors’ and invalidity pensions (Loi fédérale sur le libre passage dans la prévoyance professionnelle vieillesse, survivants et invalidité) of 17 December 1993 shall be paid out on request to an employed or self-employed person who intends to leave Switzerland for good and who, under Title II of the Regulation, will no longer be subject to Swiss law, provided that that person leaves Switzerland within five years of this Agreement entering into effect.
PROTOCOL II
to Annex II to the Agreement on the free movement of persons
CONSIDERING that Article 33 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the ‘Withdrawal Agreement’) states that Title III of Part Two of the Withdrawal Agreement shall apply to nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation provided that those countries have concluded and apply corresponding agreements with the United Kingdom of Great Britain and Northern Ireland which apply to Union citizens, as well as with the European Union which apply to United Kingdom nationals,
CONSIDERING that Article 26b of the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on citizens’ rights following the withdrawal of the United Kingdom from the European Union and the Free Movement of Persons Agreement states that the provisions of Part III of that agreement shall apply to Union citizens, provided that the Union has concluded and applies corresponding agreements with the United Kingdom of Great Britain and Northern Ireland which apply to Swiss nationals, as well as with Switzerland which applies to United Kingdom nationals,
RECOGNISING that it is necessary to provide reciprocal protection of social security rights for United Kingdom nationals, as well as their family members and survivors who, by the end of the transition period, are or have been in a cross-border situation involving one or more of the Contracting Parties to the Free Movement of Persons Agreement and the United Kingdom of Great Britain and Northern Ireland at the same time,
Article 1
Definitions and references
For the purposes of this Protocol the following definitions shall apply:
‘Withdrawal Agreement’ means the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community ( 60 );
‘Citizens’ Rights Agreement’ means the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on citizens’ rights following the withdrawal of the United Kingdom from the European Union and the Free Movement of Persons Agreement;
‘States covered’ means the Member States of the Union and Switzerland;
‘transition period’ means the transition period referred to in Article 126 of the Withdrawal Agreement;
Article 2
Persons covered
This Protocol shall apply to the following persons:
United Kingdom nationals who are subject to the legislation of one of the States covered at the end of the transition period, as well as their family members and survivors;
United Kingdom nationals who reside in one of the States covered, and are subject to the legislation of the United Kingdom at the end of the transition period, as well as their family members and survivors;
persons who do not fall within point (a) or (b) but are United Kingdom nationals who pursue an activity as an employed or self-employed person in one or more of the States covered at the end of the transition period, and who, based on Title II of Regulation (EC) No 883/2004, are subject to the legislation of the United Kingdom, as well as their family members and survivors;
stateless persons and refugees, residing in one of the States covered or in the United Kingdom, who are in one of the situations described in points (a) to (c), as well as their family members and survivors.
Article 3
Social security coordination rules
Article 4
Special situations covered
The following rules shall apply in the following situations to the extent set out in this Article, insofar as they relate to persons not or no longer covered by Article 2:
United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom who have been subject to the legislation of one of the States covered before the end of the transition period, as well as their family members and survivors shall be covered by this Protocol for the purposes of reliance on and aggregation of periods of insurance, employment, self-employment or residence, including rights and obligations deriving from such periods in accordance with Regulation (EC) No 883/2004; for the purposes of the aggregation of periods, periods completed both before and after the end of the transition period shall be taken into account in accordance with Regulation (EC) No 883/2004;
the rules set out in Articles 20 and 27 of Regulation (EC) No 883/2004 shall continue to apply to United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom who, before the end of the transition period, had requested authorisation to receive a course of planned health care treatment pursuant to Regulation (EC) No 883/2004, until the end of the treatment. The corresponding reimbursement procedures shall also apply even after the treatment ends. Such persons and the accompanying persons shall enjoy the right to enter and exit the State of treatment in accordance with Article 14 of the Withdrawal Agreement mutatis mutandis and with Article 13 of the Citizens’ Rights Agreement mutatis mutandis;
the rules set out in Articles 19 and 27 of Regulation (EC) No 883/2004 shall continue to apply to United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom who are covered by Regulation (EC) No 883/2004 and who are on a stay at the end of the transition period in one of the States covered or the United Kingdom, until the end of their stay. The corresponding reimbursement procedures shall also apply even after the stay or treatment ends;
the rules set out in Articles 67, 68 and 69 of Regulation (EC) No 883/2004 shall continue to apply, for as long as the conditions are fulfilled, to awards of family benefits to which there is entitlement at the end of the transition period for United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom who are subject to the legislation of the United Kingdom and have family members residing in one of the States covered at the end of the transition period;
in the situations set out in point (d) of this paragraph, for any persons who have rights as family members at the end of the transition period under Regulation (EC) No 883/2004, such as derived rights for sickness benefits in kind, that Regulation and the corresponding provisions of Regulation (EC) No 987/2009 shall continue to apply for as long as the conditions provided therein are fulfilled.
This paragraph shall apply mutatis mutandis as regards family benefits based on Articles 67, 68 and 69 of Regulation (EC) No 883/2004.
Article 5
Reimbursement, recovery and offsetting
The provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 on reimbursement, recovery and offsetting shall continue to apply in relation to events, insofar as they relate to persons not covered by Article 2, that:
occurred before the end of the transition period; or
occur after the end of the transition period and relate to persons who were covered by Article 2 or 4 when the event occurred.
Article 6
Development of law and adaptations
ANNEX III
MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
(Diplomas, certificates and other evidence of formal qualifications)
1. The Contracting Parties agree to apply amongst themselves, in the field of the mutual recognition of professional qualifications, the legal acts and communications of the European Union (EU) to which reference is made in Section A of this Annex, in accordance with the scope of the Agreement.
2. Unless otherwise specified, the term ‘Member State(s)’ in the acts to which reference is made in Section A of this Annex is considered to apply to Switzerland in addition to the States covered by the EU legal acts in question.
3. For the purposes of applying this Annex, the Contracting Parties take note of the EU legal acts to which reference is made in Section B of this Annex.
SECTION A: ACTS REFERRED TO
1a. 32005 L 0036: Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22),
as amended by:
Without prejudice to Article 43b, each Member State shall recognise evidence of formal qualifications as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised dental practitioner, as veterinary surgeon, as midwife, as pharmacist and as architect held by nationals of the Member States and issued by the former Yugoslavia, or whose training commenced,
for Slovenia, before 25 June 1991, and
for Croatia, before 8 October 1991,
where the authorities of the aforementioned Member States attest that such evidence has the same legal validity within their territory as the evidence which they issue and, with respect to architects, as the evidence of formal qualifications specified for those Member States in Annex VI, point 6, as regards access to the professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist with respect to the activities referred to in Article 45, paragraph 2, and architect with respect to the activities referred to in Article 48, and the pursuit of such activities.
Such an attestation must be accompanied by a certificate issued by those same authorities stating that such persons have effectively and lawfully been engaged in the activities in question within their territory for at least three consecutive years during the five years prior to the date of issue of the certificate.’
‘Acquired rights in midwifery shall not apply to the following qualifications which were obtained in Croatia before 1 July 2013: viša medicinska sestra ginekološko-opstetričkog smjera (High Gynaecology-Obstetrical Nurse), medicinska sestra ginekološko-opstetričkog smjera (Gynaecology-Obstetrical Nurse), viša medicinska sestra primaljskog smjera (High Nurse with Midwifery Degree), medicinska sestra primaljskog smjera (Nurse with Midwifery Degree), ginekološko-opstetrička primalja (Gynaecology-Obstetrical Midwife) and primalja (Midwife).’,
b. For the purposes of this Agreement, Directive 2005/36/EC shall be adapted as follows:
The procedures laid down in the following Articles of the Directive shall not apply between the Contracting Parties:
Article 56(3) and (4) shall be implemented as follows:
The information of Member States on the competent authorities and on the coordinator designated by Switzerland is done by the Commission, once Switzerland has informed the Commission with copy to the Joint Committee.
The second paragraph of Article 57 shall be implemented as follows:
The coordinator designated by Switzerland informs the Commission with copy to the Joint Committee.
Article 63 shall not apply. However, the Swiss coordinator designated by Switzerland in conformity with Article 56 of Directive 2005/36/EC informs the Commission with copy to the Joint Committee of the legislation adopted on the basis of the legal acts and communications referred to in point 1a. Articles 58 and 64 shall not apply.
c. The following text shall be added to point 1 of Annex II to the Directive:
‘in Switzerland:
d. The following text shall be added to point 4 of Annex II to the Directive:
‘in Switzerland:
e. The following text shall be added to point 5.1.1 of Annex V to the Directive:
|
‘Country |
Evidence of formal qualifications |
Body awarding the qualifications |
Certificate accompanying the qualifications |
Reference date |
|
Switzerland |
Eidgenössisches Arztdiplom Diplôme fédéral de médecin Diploma federale di medico |
Eidgenössisches Departement des Innern Département fédéral de l’intérieur Dipartimento federale dell’interno |
|
1 June 2002’ |
f. The following text shall be added to point 5.1.2 of Annex V to the Directive:
|
‘Country |
Evidence of formal qualifications |
Body awarding the qualifications |
Reference date |
|
Switzerland |
Diplom als Facharzt Diplôme de médecin spécialiste Diploma di medico specialista |
Eidgenössisches Departement des Innern und Verbindung der Schweizer Ärztinnen und Ärzte Département fédéral de l’intérieur et Fédération des médecins suisses Dipartimento federale dell’interno e Federazione dei medici svizzeri |
1 June 2002’ |
g. The following text shall be added to point 5.1.3 of Annex V to the Directive:
|
‘Country |
Title |
|
Anaesthetics Minimum period of training: 3 years |
|
|
Switzerland |
Anästhesiologie Anesthésiologie Anestesiologia |
|
Country |
Title |
|
General surgery Minimum period of training: 5 years |
|
|
Switzerland |
Chirurgie Chirurgie Chirurgia |
|
Country |
Title |
|
Neurological surgery Minimum period of training: 5 years |
|
|
Switzerland |
Neurochirurgie Neurochirurgie Neurochirurgia |
|
Country |
Title |
|
Obstetrics and gynaecology Minimum period of training: 4 years |
|
|
Switzerland |
Gynäkologie und Geburtshilfe Gynécologie et obstétrique Ginecologia e ostetricia |
|
Country |
Title |
|
General (internal) medicine Minimum period of training: 5 years |
|
|
Switzerland |
Allgemeine Innere Medizin Médecine interne générale Medicina interna generale |
|
Country |
Title |
|
Ophthalmology Minimum period of training: 3 years |
|
|
Switzerland |
Ophthalmologie Ophtalmologie Oftalmologia |
|
Country |
Title |
|
Otorhinolaryngology Minimum period of training: 3 years |
|
|
Switzerland |
Oto-Rhino-Laryngologie Oto-rhino-laryngologie Otorinolaringoiatria |
|
Country |
Title |
|
Paediatrics Minimum period of training: 4 years |
|
|
Switzerland |
Kinder- und Jugendmedizin Pédiatrie Pediatria |
|
Country |
Title |
|
Respiratory medicine Minimum period of training: 4 years |
|
|
Switzerland |
Pneumologie Pneumologie Pneumologia |
|
Country |
Title |
|
Urology Minimum period of training: 5 years |
|
|
Switzerland |
Urologie Urologie Urologia |
|
Country |
Title |
|
Orthopaedics Minimum period of training: 5 years |
|
|
Switzerland |
Orthopädische Chirurgie und Traumatologie des Bewegungsapparates Chirurgie orthopédique et traumatologie de l’appareil locomoteur Chirurgia ortopedica e traumatologia del sistema motorio |
|
Country |
Title |
|
Pathological anatomy Minimum period of training: 4 years |
|
|
Switzerland |
Pathologie Pathologie Patologia |
|
Country |
Title |
|
Neurology Minimum period of training: 4 years |
|
|
Switzerland |
Neurologie Neurologie Neurologia |
|
Country |
Title |
|
Psychiatry Minimum period of training: 4 years |
|
|
Switzerland |
Psychiatrie und Psychotherapie Psychiatrie et psychothérapie Psichiatria e psicoterapia |
|
Country |
Title |
|
Diagnostic radiology Minimum period of training: 4 years |
|
|
Switzerland |
Radiologie Radiologie Radiologia |
|
Country |
Title |
|
Radiotherapy Minimum period of training: 4 years |
|
|
Switzerland |
Radio-Onkologie/Strahlentherapie Radio-oncologie/radiothérapie Radio-oncologia/radioterapia |
|
Country |
Title |
|
Plastic surgery Minimum period of training: 5 years |
|
|
Switzerland |
Plastische, Rekonstruktive und Ästhetische Chirurgie Chirurgie plastique, reconstructive et esthétique Chirurgia plastica, ricostruttiva ed estetica |
|
Country |
Title |
|
Thoracic surgery Minimum period of training: 5 years |
|
|
Switzerland |
Herz- und thorakale Gefässchirurgie Chirurgie cardiaque et vasculaire thoracique Chirurgia del cuore e dei vasi toracici |
|
Country |
Title |
|
Paediatric surgery Minimum period of training: 5 years |
|
|
Switzerland |
Kinderchirurgie Chirurgie pédiatrique Chirurgia pediatrica |
|
Country |
Title |
|
Cardiology Minimum period of training: 4 years |
|
|
Switzerland |
Kardiologie Cardiologie Cardiologia |
|
Country |
Title |
|
Gastroenterology Minimum period of training: 4 years |
|
|
Switzerland |
Gastroenterologie Gastroentérologie Gastroenterologia |
|
Country |
Title |
|
Rheumatology Minimum period of training: 4 years |
|
|
Switzerland |
Rheumatologie Rhumatologie Reumatologia |
|
Country |
Title |
|
General haematology Minimum period of training: 3 years |
|
|
Switzerland |
Hämatologie Hématologie Ematologia |
|
Country |
Title |
|
Endocrinology Minimum period of training: 3 years |
|
|
Switzerland |
Endokrinologie-Diabetologie Endocrinologie-diabétologie Endocrinologia-diabetologia |
|
Country |
Title |
|
Physiotherapy Minimum period of training: 3 years |
|
|
Switzerland |
Physikalische Medizin und Rehabilitation Médecine physique et réadaptation Medicina fisica e riabilitazione |
|
Country |
Title |
|
Dermato-venereology Minimum period of training: 3 years |
|
|
Switzerland |
Dermatologie und Venerologie Dermatologie et vénéréologie Dermatologia e venerologia |
|
Country |
Title |
|
Tropical medicine Minimum period of training: 4 years |
|
|
Switzerland |
Tropen- und Reisemedizin Médecine tropicale et médecine des voyages Medicina tropicale e medicina di viaggio |
|
Country |
Title |
|
Child psychiatry Minimum period of training: 4 years |
|
|
Switzerland |
Kinder- und Jugendpsychiatrie und -psychotherapie Psychiatrie et psychothérapie d’enfants et d’adolescents Psichiatria e psicoterapia infantile e dell’adolescenza |
|
Country |
Title |
|
Renal diseases Minimum period of training: 4 years |
|
|
Switzerland |
Nephrologie Néphrologie Nefrologia |
|
Country |
Title |
|
Communicable diseases Minimum period of training: 4 years |
|
|
Switzerland |
Infektiologie Infectiologie Malattie infettive |
|
Country |
Title |
|
Community medicine Minimum period of training: 4 years |
|
|
Switzerland |
Prävention und Gesundheitswesen Prévention et santé publique Prevenzione e salute pubblica |
|
Country |
Title |
|
Pharmacology Minimum period of training: 4 years |
|
|
Switzerland |
Klinische Pharmakologie und Toxikologie Pharmacologie et toxicologie cliniques Farmacologia e tossicologia cliniche |
|
Country |
Title |
|
Occupational medicine Minimum period of training: 4 years |
|
|
Switzerland |
Arbeitsmedizin Médecine du travail Medicina del lavoro |
|
Country |
Title |
|
Allergology Minimum period of training: 3 years |
|
|
Switzerland |
Allergologie und klinische Immunologie Allergologie et immunologie clinique Allergologia e immunologia clinica |
|
Country |
Title |
|
Nuclear medicine Minimum period of training: 4 years |
|
|
Switzerland |
Nuklearmedizin Médecine nucléaire Medicina nucleare |
|
Country |
Title of diploma |
|
Dental, oral and maxillo-facial surgery (basic medical and dental training) Minimum period of training: 4 years |
|
|
Switzerland |
Mund-, Kiefer- und Gesichtschirurgie Chirurgie orale et maxillo-faciale Chirurgia oro-maxillo-facciale |
|
Country |
Title |
|
Medical oncology Minimum period of training: 5 years |
|
|
Switzerland |
Medizinische Onkologie Oncologie médicale Oncologia medica |
|
Country |
Title |
|
Medical genetics Minimum period of training: 4 years |
|
|
Switzerland |
Medizinische Genetik Génétique médicale Genetica medica’ |
h. The following text shall be added to point 5.1.4 of Annex V to the Directive:
|
‘Country |
Evidence of formal qualifications |
Professional title |
Reference date |
|
Switzerland |
Diplom als praktischer Arzt/praktische Ärztin Diplôme de médecin praticien Diploma di medico generico |
Médecin praticien Praktischer Arzt Medico generico |
1 June 2002’ |
i. The following text shall be added to point 5.2.2 of Annex V to the Directive:
|
‘Country |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Professional title |
Reference date |
|
Switzerland |
1. Diplomierte Pflegefachfrau, diplomierter Pflegefachmann Infirmière diplômée et infirmier diplômé Infermiera diplomata e infermiere diplomato |
Schulen, die staatlich anerkannte Bildungsgänge durchführen Écoles qui proposent des filières de formation reconnues par l’État Scuole che propongono dei cicli di formazione riconosciuti dallo Stato |
Pflegefachfrau, Pflegefachmann Infirmière, infirmier Infermiera, infermiere |
1 June 2002 |
|
|
2. Bachelor of Science in nursing |
Schulen, die staatlich anerkannte Bildungsgänge durchführen Écoles qui proposent des filières de formation reconnues par l’État Scuole che propongono dei cicli di formazione riconosciuti dallo Stato |
Pflegefachfrau, Pflegefachmann Infirmière, infirmier Infermiera, infermiere |
30 September 2011 |
|
|
3. Diplomierte Pflegefachfrau HF, diplomierter Pflegefachmann HF Infirmière diplômée ES, infirmier diplômé ES Infermiera diplomata SSS, infermiere diplomato SSS |
Höhere Fachschulen, die staatlich anerkannte Bildungsgänge durchführen Écoles supérieures qui proposent des filières de formation reconnues par l'État Scuole specializzate superiori che propongono dei cicli di formazione riconosciuti dallo Stato |
Pflegefachfrau, Pflegefachmann Infirmière, infirmier Infermiera, infermiere |
1 June 2002’ |
j. The following text shall be added to point 5.3.2 of Annex V to the Directive:
|
‘Country |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Certificate accompanying the evidence of qualifications |
Professional title |
Reference date |
|
Switzerland |
Eidgenössisches Zahnarztdiplom Diplôme fédéral de médecin-dentiste Diploma federale di medico-dentista |
Eidgenössisches Departement des Innern Département fédéral de l’intérieur Dipartimento federale dell’interno |
|
Zahnarzt Médecin-dentiste Medico-dentista |
1 June 2002’ |
k. The following text shall be added to point 5.3.3 of Annex V to the Directive:
|
‘Orthodontics |
|||
|
Country |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Reference date |
|
Switzerland |
Diplom für Kieferorthopädie Diplôme fédéral d’orthodontiste Diploma di ortodontista |
Eidgenössisches Departement des Innern und Schweizerische Zahnärzte-Gesellschaft Département fédéral de l’intérieur et Société suisse d’odonto-stomatologie Dipartimento federale dell’interno e Società Svizzera di Odontologia e Stomatologia |
1 June 2002 |
|
Oral surgery |
|||
|
Country |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Reference date |
|
Switzerland |
Diplom für Oralchirurgie Diplôme fédéral de chirurgie orale Diploma di chirurgia orale |
Eidgenössisches Departement des Innern und Schweizerische Zahnärzte-Gesellschaft Département fédéral de l’intérieur et Société suisse d’odonto-stomatologie Dipartimento federale dell’interno e Società Svizzera di Odontologia e Stomatologia |
30 April 2004’ |
l. The following text shall be added to point 5.4.2 of Annex V to the Directive:
|
‘Country |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Certificate accompanying the evidence of qualifications |
Reference date |
|
Switzerland |
Eidgenössisches Tierarztdiplom Diplôme fédéral de vétérinaire Diploma federale di veterinario |
Eidgenössisches Departement des Innern Département fédéral de l’intérieur Dipartimento federale dell’interno |
|
1 June 2002’ |
m. The following text shall be added to point 5.5.2 of Annex V to the Directive:
|
‘Country |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Professional title |
Reference date |
|
Switzerland |
1. Diplomierte Hebamme Sage-femme diplômée Levatrice diplomata |
Schulen, die staatlich anerkannte Bildungsgänge durchführen Écoles qui proposent des filières de formation reconnues par l'État Scuole che propongono dei cicli di formazione riconosciuti dallo Stato |
Hebamme Sage-femme Levatrice |
1 June 2002 |
|
2. [Bachelor of Science [Name of the UAS] in Midwifery] “Bachelor of Science HES-SO de Sage-femme” (Bachelor of Science HES-SO in Midwifery) “Bachelor of Science BFH Hebamme” (Bachelor of Science BFH in Midwifery) “Bachelor of Science ZFH Hebamme” (Bachelor of Science ZHAW in Midwifery) |
Schulen, die staatlich anerkannte Bildungsgänge durchführen Écoles qui proposent des filières de formation reconnues par l'État Scuole che propongono dei cicli di formazione riconosciuti dallo Stato |
Hebamme Sage-femme Levatrice |
1 June 2002’ |
n. The following text shall be added to point 5.6.2 of Annex V to the Directive:
|
‘Country |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Certificate accompanying the evidence of qualifications |
Reference date |
|
Switzerland |
Eidgenössisches Apothekerdiplom Diplôme fédéral de pharmacien Diploma federale di farmacista |
Eidgenössisches Departement des Innern Département fédéral de l’intérieur Dipartimento federale dell’interno |
|
1 June 2002’ |
o. The following text shall be added to point 5.7.1 of Annex V to the Directive:
|
‘Country |
Evidence of formal qualifications |
Body awarding the evidence of qualifications |
Certificate accompanying the evidence of qualifications |
Reference academic year |
|
Switzerland |
Diploma di architettura (Arch. Dipl. USI) |
Accademia di Architettura dell’Università della Svizzera Italiana |
|
1996-1997 |
|
|
Master of Arts BFH/HES-SO en architecture, Master of Arts BFH/HES-SO in Architecture |
Haute école spécialisée de Suisse occidentale (HES-SO) together with Berner Fachhochschule (BFH) |
— |
2007-2008 |
|
|
Master of Arts BFH/HES-SO in Architektur, Master of Arts BFH/HES-SO in Architecture |
Haute école spécialisée de Suisse occidentale (HES-SO) together with Berner Fachhochschule (BFH) |
|
2007-2008 |
|
|
Master of Arts FHNW in Architektur |
Fachhochschule Nordwestschweiz FHNW |
— |
2007-2008 |
|
|
Master of Arts FHZ in Architektur |
Fachhochschule Zentralschweiz (FHZ) |
— |
2007-2008 |
|
|
Master of Arts ZFH in Architektur |
Zürcher Fachhochschule (ZFH), Zürcher Hochschule für Angewandte Wissenschaften (ZHAW), Departement Architektur, Gestaltung und Bauingenieurwesen |
— |
2007-2008 |
|
|
Master of Science MSc in Architecture, Architecte (arch. dipl. EPF) |
École Polytechnique Fédérale de Lausanne |
|
2007-2008 |
|
|
Master of Science ETH in Architektur, MSc ETH Arch |
Eidgenössische Technische Hochschule Zurich |
|
2007-2008’ |
p. The following text is added to Annex VI to the Directive:
|
‘Country |
Evidence of formal qualifications |
Reference academic year |
|
Switzerland |
1. Dipl. Arch. ETH, arch. dipl. EPF, arch. dipl. PF |
2004-2005 |
|
|
2. Architecte diplômé EAUG |
2004-2005 |
|
|
3. Architekt REG A Architecte REG A Architetto REG A |
2004-2005’ |
2a. 377 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17),
as amended by:
b. For the purposes of this Agreement, Directive 77/249/EEC shall be adapted as follows:
The following text shall be added to Article 1(2):
‘Switzerland:
Article 8 shall not apply. However, the Swiss coordinator designated by Switzerland in conformity with Article 56 of Directive 2005/36/EC informs the Commission with copy to the Joint Committee of the legislation adopted on the basis of Directive 77/249/EEC.
3a. 398 L 0005: Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36),
as amended by:
b. For the purposes of this Agreement, Directive 98/5/EC shall be adapted as follows:
The following text shall be added to point (a) of Article 1(2):
‘Switzerland:
Articles 16 and 17 shall not apply. However, the Swiss coordinator designated by Switzerland in conformity with Article 56 of Directive 2005/36/EC informs the Commission with copy to the Joint Committee of the legislation adopted on the basis of Directive 98/5/EC.
Article 14 shall be implemented as follows:
The information of Member States on the competent authorities designated by Switzerland is done by the Commission, once Switzerland has informed the Commission with copy to the Joint Committee.
4a. 374 L 0556: Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries (OJ L 307, 18.11.1974, p. 1).
b. For the purposes of this Agreement, Directive 74/556/EEC shall be adapted as follows:
Article 4(3) shall be implemented as follows:
The information of Member States on the competent authorities designated by Switzerland is done by the Commission, once Switzerland has informed the Commission with copy to the Joint Committee.
Article 7 shall not apply. However, the Swiss coordinator designated by Switzerland in conformity with Article 56 of Directive 2005/36/EC informs the Commission with copy to the Joint Committee of the legislation adopted on the basis of Directive 74/556/EEC.
5a. 374 L 0557: Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products (OJ L 307, 18.11.1974, p. 5),
as amended by:
b. For the purposes of this Agreement, Directive 74/557/EEC shall be adapted as follows:
in Switzerland:
All the products and toxic substances set out in the poisons act (classified compilation of federal law (CC 813.1), and in particular those on the ordinances relating thereto (CC 813) and on the poisonous substances for the environment (CC 814.812.31, 814.812.32 and 814.812.33).
Article 7(5) shall be implemented as follows:
The information of Member States on the competent authorities designated by Switzerland is done by the Commission, once Switzerland has informed the Commission with copy to the Joint Committee.
Article 8 shall not apply. However, the Swiss coordinator designated by Switzerland in conformity with Article 56 of Directive 2005/36/EC informs the Commission with copy to the Joint Committee of the legislation adopted on the basis of Directive 74/557/EEC.
6a. 386 L 0653: Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ L 382, 31.12.1986, p. 17).
b. For the purposes of this Agreement, Directive 86/653/EEC shall be adapted as follows:
Article 22 shall not apply. However, the Swiss coordinator designated by Switzerland in conformity with Article 56 of Directive 2005/36/EC informs the Commission with copy to the Joint Committee of the legislation adopted on the basis of Directive 86/653/EEC.
SECTION B: ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE
The Contracting Parties shall take note of the content of the following act:
7. 389 X 0601: Commission Recommendation 89/601/EEC of 8 November 1989 concerning the training of health personnel in the matter of cancer (OJ L 346, 27.11.1989, p. 1).
PROTOCOL ON SECONDARY RESIDENCES IN DENMARK
The Contracting Parties agree that Protocol 1 to the Treaty establishing the European Community concerning acquisition of real estate property in Denmark also applies to this agreement concerning Swiss nationals' acquisition of second homes in Denmark.
PROTOCOL REGARDING THE AALAND ISLANDS
The Contracting Parties agree that Protocol 2 to the Act of Accession of Finland to the European Union concerning the Aaland Islands also applies to this agreement.
FINAL ACT
The plenipotentiaries of
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 UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
and
of the EUROPEAN COMMUNITY
of the one part, and
of the SWISS CONFEDERATION
of the other part,
meeting on 21 June 1999 in Luxembourg for the signature of 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, have adopted the Joint Declarations mentioned below and attached to this Final Act:
They also took note of the following declarations annexed to this Final Act:
Hecho en Luxemburgo, el ventiuno de junio de mil novecientos noventa y nueve.
Udfærdiget i Luxembourg den enogtyvende juni nitten hundrede og nioghalvfems.
Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig.
Έγινε στο Λουξεμβούργο, στις είκοσι μία Ιουνίου χίλια εννιακόσια ενενήντα εννέα.
Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine.
Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf.
Fatto a Lussemburgo, addì ventuno giugno millenovecentonovantanove.
Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig.
Feito em Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove.
Tehty Luxemburgissa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän.
Som skedde i Luxemburg den tjugoförsta juni nittonhundranittionio.
Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien
Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
På Kongeriget Danmarks vegne
Für die Bundesrepublik Deutschland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Thar cheann Na hÉireann
For Ireland
Per la Repubblica italiana
Pour le Grand-Duché de Luxembourg
Voor het Koninkrijk der Nederlanden
Für die Republik Österreich
Pela República Portuguesa
Suomen tasavallan puolesta
För Republiken Finland
För Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland
Por la Comunidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Für der schweizerischen Eidgenossenschaft
Pour la Confédération suisse
Per la Confederazione svizzera
JOINT DECLARATION
on the general liberalisation of service provision
The Contracting Parties undertake to commence as soon as possible negotiations on the general liberalisation of service provision on the basis of the acquis communautaire.
JOINT DECLARATION
on retirement pensions of former employees of institutions of the European Communities resident in Switzerland
The Commission of the European Communities and Switzerland undertake to seek an appropriate solution to the problem of the double taxation of the retirement pensions of former employees of institutions of the European Communities resident in Switzerland.
JOINT DECLARATION
on the application of the Agreement
The Contracting Parties will take the necessary measures to apply the acquis communautaire to nationals of the other Contracting Party in accordance with the Agreement concluded between them.
JOINT DECLARATION
on further negotiations
The European Community and the Swiss Confederation declare their intention of undertaking negotiations to conclude agreements in areas of common interest such as the updating of Protocol 2 to the 1972 Free Trade Agreement and Swiss participation in certain Community training, youth, media, statistical and environmental programmes. Preparatory work for these negotiations should proceed rapidly once the current bilateral negotiations have been concluded.
DECLARATION BY SWITZERLAND
on renewal of the agreement
Switzerland declares that it will reach a decision on renewal of the agreement during the seventh year of its application, on the basis of the applicable internal procedures.
DECLARATION BY SWITZERLAND
on migration and asylum policy
Switzerland reaffirms its wish to reinforce cooperation with the EU and its Member States in the area of migration and asylum policy. To this end, Switzerland is willing to participate in the EU system for coordinating asylum applications, and it proposes that negotiations be entered into for the conclusion of a convention parallel to the Dublin Convention (Convention Determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities, signed in Dublin on 15 June 1990).
DECLARATION BY SWITZERLAND
on the recognition of architects' diplomas
Switzerland will be proposing to the Joint Committee of the Agreement on Free Movement of Persons, as soon as this is established, that a decision be taken to include architects' diplomas awarded by Swiss universities of applied sciences in Annex III to the Agreement on Free Movement of Persons, in accordance with the provisions of Directive 85/384/EEC of 10 June 1986.
DECLARATION BY THE EUROPEAN COMMUNITY AND ITS MEMBER STATES
on articles 1 and 17 of annex I
The European Community and its Member States declare that Articles 1 and 17 of Annex I to the Agreement shall be without prejudice to the acquis communautaire asregards the conditions of posting of employees who are nationals of a third country in the context of the cross-border provision of services.
DECLARATION
on swiss attendance of committees
The Council agrees that Switzerland's representatives may, in so far as the items concern them, attend meetings of the following committees and expert working parties as observers:
Switzerland's representatives shall not be present when these committees vote.
In the case of other committees dealing with areas covered by these agreements in which Switzerland has adopted either the acquis communautaire or equivalent measures, the Commission will consult Swiss experts by the method specified in Article 100 of the EEA Agreement.
( 1 ) NACE: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1), as last amended by Commission Regulation (EC) 29/2002 of 19 December 2001 (OJ L 6, 10.1.2002, p. 3).
( 2 ) Workers may apply for short-term residence permits under the quotas mentioned in paragraph 3a even for a period of less than four months.
( 3 ) NACE: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and the Council of 29 September 2003 (OJ L 284, 31.10.2003, p. 1).
( 4 ) Workers may apply for short-term residence permits under the quotas mentioned in subparagraph 3b even for a period of less than four months.
( 5 ) NACE:Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1).
( 6 ) Workers may apply for short-term residence permits under the quotas mentioned in subparagraph 3c for periods of even less than four months.
( 7 ) These permits will be granted in addition to the quota mentioned in Article 10 of the Agreement which are reserved for employed and self-employed persons who are nationals of the Member States at the time of signature of the Agreement (21 June 1999) or nationals of the Republic of Cyprus or the Republic of Malta. These permits are also in addition to permits granted through existing bilateral trainee exchange agreements.
( 8 ) These permits will be granted in addition to the quotas mentioned in Article 10 of this Agreement which are reserved for employed and self-employed persons who are nationals of the Member States at the time of the signing of this Agreement (21 June 1999) and of the Member States that became Contracting Parties to this Agreement by the Protocol of 2004. These permits are also in addition to permits granted through existing bilateral trainee exchange agreements between Switzerland and the new Member States.
( 9 ) These permits will be granted in addition to the quotas referred to in Article 10 of this Agreement, which are reserved for employed and self-employed persons who are nationals of the Member States at the time of the signing of this Agreement (21 June 1999) and of the Member States that became Contracting Parties to this Agreement by virtue of the 2004 and 2008 Protocols. These permits are also additional to permits granted through existing bilateral trainee exchange agreements between Switzerland and the new Member States.
( 10 ) As in force at the date of signing the Agreement.
( 11 ) As in force at the date of signing the Agreement.
( 12 ) In Switzerland, sickness insurance for persons who do not elect to make it their domicile must include accident and maternity cover.
( 13 ) They shall not be subject to the priority accorded to workers integrated into the regular labour market or monitoring of compliance with wage and employment conditions in a particular sector or place.
( 14 ) OJ L 166, 30.4.2004, p. 1.
( 15 ) OJ L 284, 30.10.2009, p. 43.
( 16 ) OJ L 338, 22.12.2010, p. 35.
( 17 ) OJ L 149, 8.6.2012, p. 4.
( 18 ) OJ L 349, 19.12.2012, p. 45.
( 19 ) OJ L 158, 10.6.2013, p. 1.
( 20 ) OJ L 284, 30.10.2009, p. 1.
( 21 ) OJ L 338, 22.12.2010, p. 35.
( 22 ) OJ L 149, 8.6.2012, p. 4.
( 23 ) OJ L 349, 19.12.2012, p. 45.
( 24 ) OJ L 149, 5.7.1971, p. 2.
( 25 ) OJ L 177, 4.7.2008, p. 1.
( 26 ) OJ L 74, 27.3.1972, p. 1.
( 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 Social Security Information).
( 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 ) Currently 12 months.
( 59 ) Refunded contributions for workers who will exercise their right to unemployment benefit in Switzerland after having paid contributions for at least 12 months — over several periods of residence — within the space of two years.
( 60 ) OJ L 29, 31.1.2020, p. 7.
( 61 ) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1 as corrected in OJ L 200, 7.6.2004, p. 1).
( 62 ) Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).