22002A0430(01)
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 - Final Act - Joint Declarations - Information
relating to the entry into force of the seven Agreements with the
Swiss Confederation in the sectors free movement of persons, air and
land transport, public procurement, scientific and technological
cooperation, mutual recognition in relation to conformity
assessment, and trade in agricultural products
Dates:
of document: 21/06/1999
of effect: 01/06/2002; Entry into force See Art 25 And OJ L
114/2002 P. 480
of signature: 21/06/1999; Luxembourg
end of validity: 99/99/9999; See Art. 25.2
Authentic language: The official languages ; German ; English ;
Danish ; Spanish ; Finnish ; French ; Greek ; Italian ; Dutch ;
Portuguese ; Swedish
Author:
European Community ; The 15 Member States ; Belgium ; Denmark ;
Federal Republic of Germany ; Greece ; Spain ; France ; Ireland ;
Italy ; Luxembourg ; Netherlands ; Austria ; Portugal ; Finland ;
Sweden ; United Kingdom ; Switzerland
Subject matter: External relations ; Cooperation ; Free movement of
persons
Directory code: 11401010
EUROVOC descriptor: EC agreement ; Switzerland ; free movement of
persons ; recognition of diplomas
Legal basis:
157A101-L2................ Adoption
197E300-P2L1FR2........... Adoption
197E300-P3L2.............. Adoption
197E300-P4................ Adoption
197E310................... Adoption
Instruments cited:
385L0384..................
194A0301(01)..............
194N/PRO/02...............
Earlier related instruments:
202A0430(02)......Relation......
202A0430(03)......Relation......
202A0430(04)......Relation......
202A0430(05)......Relation......
202A0430(06)......Relation......
202A0430(07)......Relation......
Amended by:
Adopted by.... 302D0309..........
Amended by.... 203D0554.......... Amendment ANN 2 from 01/06/2002
Subsequent related instruments:
Relation...... 202A0430(02)......
Relation...... 202A0430(03)......
Relation...... 202A0430(04)......
Relation...... 202A0430(05)......
Relation...... 202A0430(06)......
Relation...... 202A0430(07)......
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 SWISS CONFEDERATION, of the one part,
and
THE EUROPEAN COMMUNITY,
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, of the
other part,
hereinafter referred to as "the Contracting Parties",
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:
(a) 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;
(b) 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;
(c) 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;
(d) 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
1. Without prejudice to other specific agreements between the
Contracting Parties specifically concerning the provision of
services (including the Government Procurement Agreement in so far
as it covers the provision of services), persons providing services,
including companies in accordance with the provisions of Annex I,
shall have the right to provide a service in the territory of the
other Contracting Party for a period not exceeding 90 days' of
actual work in a calendar year.
2. Providers of services shall have the right of entry into, and
residence in, the territory of the other Contracting Party:
(a) 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;
(b) 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.
3. Nationals of a Member State of the European Community or
Switzerland entering the territory of a Contracting Party solely to
receive services shall have the right of entry and residence.
4. The rights referred to in this Article shall be guaranteed in
accordance with the provisions laid down in Annexes I, II and III.
The quantitative limits of Article 10 may not be relied upon as
against persons referred to in this Article.
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:
(a) 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;
(b) 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;
(c) the right to stay in the territory of a Contracting Party after
the end of an economic activity;
(d) the right of residence for members of the family, irrespective
of their nationality;
(e) the right of family members to pursue an economic activity,
irrespective of their nationality;
(f) the right to acquire immovable property in so far as this is
linked to the exercise of rights conferred by this Agreement;
(g) 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:
(a) securing equality of treatment;
(b) determining the legislation applicable;
(c) 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;
(d) paying benefits to persons residing in the territory of the
Contracting Parties;
(e) 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
1. For five years after the entry into force of the Agreement,
Switzerland may maintain quantitative limits in respect of access to
an economic activity for the following two categories of residence:
residence for a period of more than four months and less than one
year and residence for a period equal to, or exceeding, one year.
There shall be no restriction on residence for less than four
months.
From the beginning of the sixth year, all quantitative limits
applicable to nationals of the Member States of the European
Community shall be abolished.
2. For a maximum period of two years, the Contracting Parties may
maintain the controls on the priority of workers integrated into the
regular labour market and wage and working conditions applicable to
nationals of the other Contracting Party, including the persons
providing services referred to in Article 5. Before the end of the
first year, the Joint Committee shall consider whether these
restrictions need to be maintained. It may curtail the maximum
period of two years. The controls on the priority of workers
integrated into the regular labour market shall not apply to
providers of services liberalised by a specific agreement between
the Contracting Parties concerning the provision of services
(including the Agreement on certain aspects of government
procurement in so far as it covers the provision of services).
3. On entry into force of this Agreement and until the end of the
fifth year, each year Switzerland shall reserve, within its overall
quotas, for employed and self-employed persons of the European
Community at least 15000 new residence permits valid for a period
equal to, or exceeding, one year and 115500 valid for more than four
months and less than one year.
4. Notwithstanding the provisions of paragraph 3, the Contracting
Parties have agreed on the following arrangements: if, after five
years and up to 12 years after the entry into force of the
Agreement, the number of new residence permits of either of the
categories referred to in paragraph 1 issued to employed and
self-employed persons of the European Community in a given year
exceeds the average for the three preceding years by more than 10 %,
Switzerland may, for the following year, unilaterally limit the
number of new residence permits of that category for employed and
self-employed persons of the European Community to the average of
the three preceding years plus 5 %. The following year, the number
may be limited to the same level.
Notwithstanding the provisions of the 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
15000 per year valid for a period equal to, or exceeding, one year
and 115500 per year valid for more than four months and less than
one year.
5. The transitional provisions of paragraphs 1 to 4, and in
particular those of paragraph 2 concerning the priority of workers
integrated into the regular labour market and controls on wage and
working conditions, shall not apply to employed and self-employed
persons who, at the time of this Agreement's entry into force, are
authorised to pursue an economic activity in the territory of the
Contracting Parties. Such persons shall in particular enjoy
occupational and geographical mobility. 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.
6. Switzerland shall regularly and promptly forward to the Joint
Committee any useful statistics and information, including measures
implementing paragraph 2. A Contracting Party may request a review
of the situation within the Joint Committee.
8. The transitional provisions on social security and the
retrocession of unemployment insurance contributions are laid down
in the Protocol to Annex II.
Article 11
Processing of appeals
1. The persons covered by this Agreement shall have a right of
appeal to the competent authorities in respect of the application of
the provisions of this Agreement.
3. Persons covered by this Agreement shall have the opportunity to
appeal to the competent national judicial body in respect of
decisions on appeals, or the absence of a decision within a
reasonable period of time.
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-š-vis each other's nationals in fields
covered by this Agreement.
Article 14
Joint Committee
1. A Joint Committee composed of representatives of the Contracting
Parties is hereby established. It shall be responsible for the
management and proper application of the Agreement. To that end it
shall issue recommendations. It shall take decisions in the
circumstances provided for in the Agreement. The Joint Committee
shall reach its decisions by mutual agreement.
2. In the event of serious economic or social difficulties, the
Joint Committee shall meet, at the request of either Contracting
Party, to examine appropriate measures to remedy the situation. The
Joint Committee may decide what measures to take within 60 days of
the date of the request. This period may be extended by the Joint
Committee. The scope and duration of such measures shall not exceed
that which is strictly necessary to remedy the situation. Preference
shall be given to measures that least disrupt the working of this
Agreement.
3. For the purposes of proper implementation of the Agreement, the
Contracting Parties shall regularly exchange information and, at the
request of either of them, shall consult each other within the Joint
Committee.
4. The Joint Committee shall meet as and when necessary and at least
once a year. Either Party may request the convening of a meeting.
The Joint Committee shall meet within 15 days of a request under
paragraph 2.
5. The Joint Committee shall establish its rules of procedure which
shall contain, inter alia, provisions on the convening of meetings,
the appointment of the chairman and the chairman's term of office.
6. The Joint Committee may decide to set up any working party or
group of experts to assist it in the performance of its duties.
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
1. In order to attain the objectives pursued by this Agreement, the
Contracting Parties shall take all measures necessary to ensure that
rights and obligations equivalent to those contained in the legal
acts of the European Community to which reference is made are
applied in relations between them.
2. Insofar as the application of this Agreement involves concepts of
Community law, account shall be taken of the relevant case-law of
the Court of Justice of the European Communities prior to the date
of its signature. Case-law after that date shall be brought to
Switzerland's attention. To ensure that the Agreement works
properly, the Joint Committee shall, at the request of either
Contracting Party, determine the implications of such case-law.
Article 17
Development of law
1. As soon as one Contracting Party initiates the process of
adopting a draft amendment to its domestic legislation, or as soon
as there is a change in the case-law of authorities against whose
decisions there is no judicial remedy under domestic law in a field
governed by this Agreement, it shall inform the other Contracting
Party through the Joint Committee.
2. The Joint Committee shall hold an exchange of views on the
implications of such an amendment for the proper functioning of the
Agreement.
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
1. The Contracting Parties may bring a matter under dispute which
concerns the interpretation or application of this Agreement to the
Joint Committee.
2. The Joint Committee may settle the dispute. Any information which
might be of use in making possible an in-depth examination of the
situation with a view to finding an acceptable solution shall be
supplied to the Joint Committee. To this end, the Joint Committee
shall consider every possible means to maintain the good functioning
of this Agreement.
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
1. The provisions of bilateral agreements between Switzerland and
the Member States of the European Community on double taxation shall
be unaffected by the provisions of this Agreement. In particular,
the provisions of this Agreement shall not affect the double
taxation agreements' definition of "frontier workers".
2. No provision of this Agreement may be interpreted in such a way
as to prevent the Contracting Parties from distinguishing, when
applying the relevant provisions of their fiscal legislation,
between taxpayers whose situations are not comparable, especially as
regards their place of residence.
3. No provision of this Agreement shall prevent the Contracting
Parties from adopting or applying measures to ensure the imposition,
payment and effective recovery of taxes or to forestall tax evasion
under their national tax legislation or agreements aimed at
preventing double taxation between Switzerland, of the one part, and
one or more Member States of the European Community, of the other
part, or any other tax arrangements.
Article 22
Relationship to bilateral agreements on matters other than social
security and double taxation
1. Notwithstanding the provisions of Articles 20 and 21, this
Agreement shall not affect agreements linking Switzerland, of the
one part, and one or more Member States of the European Community,
of the other part, such as those concerning private individuals,
economic operators, cross-border cooperation or local frontier
traffic, in so far as they are compatible with this Agreement.
2. In the event of incompatibilities between such agreements and
this Agreement, the latter shall prevail.
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
1. This Agreement shall be ratified or approved by the Contracting
Parties in accordance with their own procedures. It shall enter into
force on the first day of the second month following the last
notification of deposit of the instruments of ratification or
approval of all seven of the following agreements:
Agreement on the free movement of persons
Agreement on air transport
Agreement on the carriage of passengers and goods by road and rail
Agreement on trade in agricultural products
Agreement on the mutual recognition of conformity assessment
Agreement on certain aspects of government procurement
Agreement on scientific and technological cooperation.
2. This Agreement shall be concluded for an initial period of seven
years. It shall be renewed indefinitely unless the European
Community or Switzerland notifies the other Contracting Party to the
contrary before the initial period expires. In the event of such
notification, paragraph 4 shall apply.
3. The European Community or Switzerland may terminate this
Agreement by notifying its decision to the other Party. In the event
of such notification, the provisions of paragraph 4 shall apply.
4. The seven Agreements referred to in paragraph 1 shall cease to
apply six months after receipt of notification of non-renewal
referred to in paragraph 2 or termination referred to in paragraph
3.
Hecho en Luxemburgo, el veintiuno de junio de mil novecientos
noventa y nueve,
en doble ejemplar en lenguas alemana, danesa, espaęola, finesa,
francesa, griega, inglesa, italiana, neerlandesa, portuguesa y
sueca, siendo cada uno de estos textos igualmente
autłntico./Udfördiget i Luxembourg, den enogtyvende juni nitten
hundrede og nioghalvfems,
i to eksemplarer põ dansk, engelsk, finsk, fransk, grösk, 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 dōnischer, deutscher, englischer,
finnischer, franzŠsischer, griechischer, italienischer,
niederlōndischer, portugiesischer, spanischer und schwedischer
Sprache, wobei jeder dieser Wortlaute gleichermačen verbindlich
ist./>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ õčś˙ėł üčń É˙įżč˙į ščūłń
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ėõ ōž˙ ńżĮčĮįĘń ėĮ÷ż ńóóūłśČ, óńūūłśČ, óõęüńżłśČ, ōńżłśČ, õūū÷żłśČ,
łėĘńżłśČ, łĮńūłśČ, ˙ūūńżōłśČ, Ę˙ęĮ˙óńūłśČ, ė˙į÷ōłśČ śńł ŠłżūńżōłśČ
óūžėėń· śńųążń ńĘŽ Įń śõčüõżń õčżńł õžčė˙į ńįųõżĮłśŽ./>ISO_1>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 š Luxembourg, le
vingt-et-un juin mil neuf cent quatre-vingt dix-neuf,
en double exemplaire en langues allemande, anglaise, danoise,
espagnole, finnoise, fran÷aise, grecque, italienne, nłerlandaise,
portugaise et sułdoise, chacun de ces textes faisant łgalement foi.
/Fatto a Lussemburgo, addü 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 lżnguas alemó, dinamarquesa, espanhola,
finlandesa, francesa, grega, inglesa, italiana, neerlandesa,
portuguesa e sueca, fazendo igualmente fł qualquer dos textos./Tehty
Luxemburgissa kahdentenakymmenentenōensimmōisenō pōivōnō kesōkuuta
vuonna tuhatyhdeksōnsataayhdeksōnkymmentōyhdeksōn
kahtena kappaleena englannin, espanjan, hollannin, italian, kreikan,
portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellō, ja
jokainen teksti on yhtō todistusvoimainen./Utfōrdat i Luxemburg den
tjugofŠrsta juni nittionhundranittionio
i tvõ exemplar põ det danska, engelska, finska, franska, grekiska,
italienska, nederlōndska, portugisiska, spanska, svenska och tyska
sprõket, vilka samtliga texter ōr lika giltiga.
Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das
KŠnigreich Belgien
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Cette signature engage łgalement la Communautł fran÷aise, la
Communautł flamande, la Communautł germanophone, la Rłgion wallonne,
la Rłgion flamande et la Rłgion 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 Flōmische Gemeinschaft, die FranzŠsische
Gemeinschaft, die Wallonische Region, die Flōmische Region und die
Region BrŽssel-Hauptstadt.
Põ Kongeriget Danmarks vegne
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FŽr die Bundesrepublik Deutschland
>PIC FILE= "L_2002114EN.001203.TIF">
>ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń
>ISO_1>> PIC FILE= "L_2002114EN.001301.TIF">
Por el Reino de Espaęa
>PIC FILE= "L_2002114EN.001302.TIF">
Pour la Rłpublique fran÷aise
>PIC FILE= "L_2002114EN.001303.TIF">
Thar cheann Na hÉireann
For Ireland
>PIC FILE= "L_2002114EN.001304.TIF">
Per la Repubblica italiana
>PIC FILE= "L_2002114EN.001305.TIF">
Pour le Grand-Duchł de Luxembourg
>PIC FILE= "L_2002114EN.001401.TIF">
Voor het Koninkrijk der Nederlanden
>PIC FILE= "L_2002114EN.001402.TIF">
FŽr die Republik Österreich
>PIC FILE= "L_2002114EN.001403.TIF">
Pela RepŪblica Portuguesa
>PIC FILE= "L_2002114EN.001404.TIF">
Suomen tasavallan puolesta
FŠr Republiken Finland
>PIC FILE= "L_2002114EN.001405.TIF">
FŠr Konungariket Sverige
>PIC FILE= "L_2002114EN.001501.TIF">
For the United Kingdom of Great Britain and Northern Ireland
>PIC FILE= "L_2002114EN.001502.TIF">
Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die
Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ
Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł
europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela
Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska
gemenskapens vōgnar
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>PIC FILE= "L_2002114EN.001504.TIF">
FŽr der schweizerischen Eidgenossenschaft
Pour la Confłdłration suisse
Per la Confederazione svizzera
>PIC FILE= "L_2002114EN.001505.TIF">
>PIC FILE= "L_2002114EN.001506.TIF">
ANNEX I
FREE MOVEMENT OF PERSONS
I. GENERAL PROVISIONS
Article 1
Entry and exit
1. The Contracting Parties shall allow nationals of the other
Contracting Parties and members of their family within the meaning
of Article 3 of this Annex and posted persons within the meaning of
Article 17 of this Annex to enter their territory simply upon
production of a valid identity card or passport.
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.
2. The Contracting Parties shall grant nationals of the Contracting
Parties, and members of their family within the meaning of Article 3
of this Annex and posted workers within the meaning of Article 17 of
this Annex, the right to leave their territory simply upon
production of a valid identity card or passport. The Contracting
Parties may not demand any exit visa or equivalent requirement from
nationals of the other Contracting Parties.
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
1. Without prejudice to the provisions for the transitional period,
which are laid down in Article 10 of this Agreement and Chapter VII
of this Annex, nationals of a Contracting Party shall have the right
to reside and pursue an economic activity in the territory of the
other Contracting Party under the procedures laid down in Chapters
II to IV. That right shall be substantiated through the issue of a
residence permit or, for persons from frontier zones, by means of a
special permit.
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.
2. Nationals of the Contracting Parties not pursuing any economic
activity in the host State who do not have a right of residence
pursuant to other provisions of this Agreement shall, provided they
fulfil the preconditions laid down in Chapter V, have a right of
residence. That right shall be substantiated through the issue of a
residence permit.
3. The residence or special permit granted to nationals of the
Contracting Parties shall be issued and renewed free of charge or on
payment of a sum not exceeding the charges or taxes which nationals
are required to pay for the issue of identity cards. The Contracting
Parties shall take the necessary measures to simplify the
formalities and procedures for obtaining those documents as far as
possible.
4. The Contracting Parties may require nationals of the other
Contracting Parties to report their presence in the territory.
Article 3
Members of the family
1. A person who has the right of residence and is a national of a
Contracting Party is entitled to be joined by the members of his
family. An employed person must possess housing for his family which
is regarded as of normal standard for national employed persons in
the region where he is employed, but this provision may not lead to
discrimination between national employed persons and employed
persons from the other Contracting Party.
2. The following shall be regarded as members of the family,
whatever their nationality:
(a) his spouse and their relatives in the descending line who are
under the age of 21 or are dependent;
(b) his relatives in the ascending line and those of his spouse who
are dependent on him;
(c) 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.
3. 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:
(a) the document by virtue of which they entered the territory;
(b) a document issued by the competent authority of the state of
origin or provenance proving their relationship;
(c) for dependants, a document issued by the competent authority of
the state of origin or provenance certifying that they are
dependants of the person referred to in paragraph 1 or that they
live in his household in that state.
4. The period of validity of a residence permit issued to a member
of the family shall be the same as that of the permit issued to the
person on whom he is dependent.
5. The spouse and the dependent children or children aged under 21
of a person having a right of residence shall have the right to take
up an economic activity whatever their nationality.
6. The children of a national of a Contracting Party, whether or not
he is pursuing or has pursued an economic activity in the territory
of the other Contracting Party, shall be admitted to general
education, apprenticeships and vocational training courses on the
same basis as nationals of the host state, if those children are
living in its territory.
The Contracting Parties shall promote initiatives to enable such
children to follow the abovementioned courses under the best
conditions.
Article 4
Right to stay
1. Nationals of a Contracting Party and members of their family
shall have the right to stay in the territory of another Contracting
Party after their economic activity has finished.
2. In accordance with Article 16 of the Agreement, reference is made
to Regulation (EEC) No 1251/70 (OJ L 142, 1970, p. 24)(1) and
Directive 75/34/EEC (OJ L 14, 1975, p. 10)(2).
Article 5
Public order
1. The rights granted under the provisions of this Agreement may be
restricted only by means of measures which are justified on grounds
of public order, public security or public health.
II. EMPLOYED PERSONS
Article 6
Rules regarding residence
1. An employed person who is a national of a Contracting Party
(hereinafter referred to as "employed person") and is employed for a
period of one year or more by an employer in the host state shall
receive a residence permit which is valid for at least five years
from its date of issue. It shall be extended automatically for a
period of at least five years. When renewed for the first time, its
period of validity may be limited, but not to less than one year,
where its holder has been involuntarily unemployed for more than 12
consecutive months.
2. An employed person who is employed for a period of more than
three months but less than one year by an employer in the host state
shall receive a residence permit for the same duration as his
contract.
An employed person who is employed for a period of up to three
months does not require a residence permit.
3. When issuing residence permits, the Contracting Parties may not
require an employed person to produce more than the following
documents:
(a) the document by virtue of which he entered their territory;
(b) a contractual statement from the employer or a written
confirmation of engagement.
5. Breaks in residence of less than six consecutive months and
absences for the purposes of fulfilling military service obligations
shall not affect the validity of the residence permit.
6. A valid residence permit may not be withdrawn from an employed
person merely on the grounds that he is no longer working, either
because he has become temporarily unable to work owing to an
accident or illness, or because he is involuntarily unemployed as
certified by the competent employment office.
7. Completion of the formalities for obtaining a residence permit
shall not prevent an applicant immediately taking up employment
under the contract he has concluded.
Article 7
Employed frontier workers
1. An employed frontier worker is a national of a Contracting Party
who has his residence in the territory of a Contracting Party and
who pursues an activity as an employed person in the territory of
the other Contracting Party, returning to his place of residence as
a rule every day, or at least once a week.
2. Frontier workers shall not require a residence permit.
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.
3. Special permits shall be valid throughout the territory of the
issuing state.
Article 8
Occupational and geographical mobility
1. Employed persons shall have the right to occupational and
geographical mobility throughout the territory of the host state.
2. Occupational mobility shall include changes of employer,
employment or occupation and changing from employed to self-employed
status. Geographical mobility shall include changes in the place of
work and residence.
Article 9
Equal treatment
1. An employed person who is a national of a Contracting Party may
not, by reason of his nationality, be treated differently in the
territory of the other Contracting Party from national employed
persons as regards conditions of employment and working conditions,
especially as regards pay, dismissal, or reinstatement or
re-employment if he becomes unemployed.
2. An employed person and the members of his family referred to in
Article 3 of this Annex shall enjoy the same tax concessions and
welfare benefits as national employed persons and members of their
family.
3. He shall also be entitled on the same basis and on the same terms
as national employed persons to education in vocational training
establishments and in vocational retraining and occupational
rehabilitation centres.
4. Any clause in a collective or individual agreement or in any
other collective arrangements concerning access to employment,
employment, pay and other terms of employment and dismissal, shall
be automatically void insofar as it provides for or authorises
discriminatory conditions with respect to foreign employed persons
who are nationals of the Contracting Parties.
5. An employed person who is a national of a Contracting Party and
is employed in the territory of the other Contracting Party shall
enjoy equal treatment in terms of membership of trade union
organisations and exercise of union rights, including the right to
vote and right of access to executive or managerial positions within
a trade union organisation; he may be precluded from involvement in
the management of public law bodies and from holding an office
governed by public law. He shall, moreover, have the right to be
eligible for election to bodies representing employees in an
undertaking.
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.
6. Without prejudice to the provisions of Article 26 of this Annex,
an employed person who is a national of a Contracting Party and
employed in the territory of the other Contracting Party shall enjoy
all the rights and all the advantages accorded to national employed
persons in terms of housing, including ownership of the housing he
needs.
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
1. 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
person") shall receive a residence permit valid for a period of at
least five years from its date of issue, provided that he produces
evidence to the competent national authorities that he is
established or wishes to become so.
2. The residence permit shall be extended automatically for a period
of at least five years, provided that the self-employed person
produces evidence to the competent national authorities that he is
pursuing a self-employed economic activity.
3. When issuing residence permits, the Contracting Parties may not
require self-employed persons to produce more than the following:
(a) the document by virtue of which he entered their territory;
(b) the evidence referred to in paragraphs 1 and 2.
5. Breaks in residence of less than six consecutive months and
absences for the purposes of fulfilling military service obligations
shall not affect the validity of the residence permit.
6. Valid residence permits may not be withdrawn from persons
referred to in paragraph 1 merely because they are no longer working
owing to temporary incapacity as a result of illness or accident.
Article 13
Self-employed frontier workers
1. A self-employed frontier worker is a national of a Contracting
Party who is resident in the territory of a Contracting Party and
who pursues a self-employed activity in the territory of the other
Contracting Party, returning to his place of residence as a rule
every day or at least once a week.
2. Self-employed frontier workers shall not require a residence
permit.
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.
3. Special permits shall be valid throughout the territory of the
issuing state.
Article 14
Occupational and geographical mobility
1. Self-employed persons shall have the right to occupational and
geographical mobility throughout the territory of the host state.
2. Occupational mobility shall include change of occupation and
changing from self-employed to employed status. Geographical
mobility shall include changes in the place of work and residence.
Article 15
Equal treatment
1. As regards access to a self-employed activity and the pursuit
thereof, a self-employed worker shall be afforded no less favourable
treatment in the host country than that accorded to its own
nationals.
2. The provisions of Article 9 of this Annex shall apply mutatis
mutandis to the self-employed persons referred to in this Chapter.
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:
(a) 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;
(b) any restriction on the right of entry and residence in the cases
covered by Article 5(2) of this Agreement concerning:
(i) 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;
(ii) 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
1. Persons referred to in Article 17(b) of this Annex who have the
right to provide a service shall not require a residence permit for
periods of residence of 90 days or less. Such residence shall be
covered by the documents referred to in Article 1, by virtue of
which they entered the territory.
2. Persons referred to in Article 17(b) of this Annex who have the
right or have been authorised to provide a service for a period
exceeding 90 days shall receive, to substantiate that right, a
residence permit for a period equal to that of the provision of
services.
3. The right of residence shall apply throughout the territory of
Switzerland or the Member State of the European Community concerned.
4. 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:
(a) the document by virtue of which they entered the territory;
(b) evidence that they are providing or wish to provide a service.
Article 21
1. The total duration of provision of services under Article 17(a)
of this Annex, whether continuous or consisting of successive
periods of provision, may not exceed 90 days of actual work per
calendar year.
2. The provisions of paragraph 1 shall be without prejudice to the
discharge by the person providing a service of his legal obligations
under the guarantee given to the person receiving the service or to
cases of force majeure.
Article 22
1. The provisions of Articles 17 and 19 of this Annex shall not
apply to activities involving, even on an occasional basis, the
exercise of public authority in the Contracting Party concerned.
2. The provisions of Articles 17 and 19 of this Annex and measures
adopted by virtue thereof shall not preclude the applicability of
laws, regulations and administrative provisions providing for the
application of working and employment conditions to employed persons
posted for the purposes of providing a service. In accordance with
Article 16 of this Agreement, reference is made to Directive
96/71/EC of 16 December 1996 concerning the posting of workers in
the framework of the provision of services (OJ L 18, 21.1.1997, p.
3. 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:
(i) the activities of temporary and interim employment agencies;
(ii) 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.
4. The provisions of Articles 17(a) and 19 of this Annex shall be
without prejudice to the applicability of the Contracting Parties'
respective laws, regulations and administrative provisions
concerning the provision of services of 90 days of actual work or
less required by imperative requirements in the public interest.
Article 23
Persons receiving services
1. A person receiving services within the meaning of Article 5(3) of
this Agreement shall not require a residence permit for a period of
residence of three months or less. For a period exceeding three
months, a person receiving services shall be issued with a residence
permit equal in duration to the service. He may be excluded from
social security schemes during his period of residence.
2. A residence permit shall be valid throughout the territory of the
issuing state.
V. PERSONS NOT PURSUING AN ECONOMIC ACTIVITY
Article 24
Rules regarding residence
1. 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:
(a) sufficient financial means not to have to apply for social
assistance benefits during their stay;
(b) all-risks sickness insurance cover(7).
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.
2. Financial means shall be considered sufficient if they exceed the
amount below which nationals, having regard to their personal
situation and, where appropriate, that of their family, can claim
social security benefits. Where that condition cannot be applied,
the applicant's financial means shall be regarded as sufficient if
they are greater than the level of the minimum social security
pension paid by the host state.
3. Persons who have been employed for less than one year in the
territory of a Contracting Party may reside there provided they
comply with the conditions set out in paragraph 1 of this Article.
The unemployment benefits to which they are entitled under national
law which is, where appropriate, complemented by the provisions of
Annex II, shall be considered to be financial means within the
meaning of paragraphs 1(a) and 2 of this Article.
4. A student who does not have a right of residence in the territory
of the other Contracting Party on the basis of any other provision
of this Agreement shall be issued with a residence permit for a
period limited to that of the training or to one year, if the
training lasts for more than one year, provided he satisfies the
national authority concerned, by means of a statement or, if he
chooses, by any other at least equivalent means, that he has
sufficient financial means to ensure that neither he, his spouse nor
his dependent children will make any claim for social security of
the host state during their stay, and provided he is registered in
an approved establishment for the purpose of following, as his
principal activity, a vocational training course and has all-risks
sickness insurance cover. This Agreement does not regulate access to
vocational training or maintenance assistance given to the students
covered by this Article.
5. A residence permit shall automatically be extended for at least
five years provided that the eligibility conditions are still met.
Residence permits for students shall be extended annually for a
duration equal to the remaining training period.
6. Breaks in residence of less than six consecutive months and
absences for the purposes of fulfilling military service obligations
shall not affect the validity of the residence permit.
VI. PURCHASE OF IMMOVABLE PROPERTY
Article 25
1. A national of a Contracting Party who has a right of residence
and his principal residence in the host state shall enjoy the same
rights as a national as regards the purchase of immovable property.
He may set up his principal residence in the host state at any time
in accordance with the relevant national rules irrespective of the
duration of his employment. Leaving the host state shall not entail
any obligation to dispose of such property.
2. The national of a Contracting Party who has a right of residence
but does not have his principal residence in the host state shall
enjoy the same rights as a national as regards the purchase of
immovable property needed for his economic activity. Leaving the
host state shall not entail any obligation to dispose of such
property. He may also be authorised to purchase a second residence
or holiday accommodation. This Agreement shall not affect the rules
applying to pure capital investment or business of unbuilt land and
apartments.
3. A frontier worker shall enjoy the same rights as a national as
regards the purchase of immovable property for his economic activity
and as a secondary residence. Leaving the host state shall not
entail any obligation to dispose of such property. He may also be
authorised to purchase holiday accommodation. This Agreement shall
not affect the rules applying in the host state to pure capital
investment or business of unbuilt land and apartments.
VII. TRANSITIONAL PROVISIONS AND DEVELOPMENT OF THE AGREEMENT
Article 26
General provisions
1. When the quantitative restrictions laid down in Article 10 of
this Agreement are applied, the provisions contained in this Chapter
shall supplement or replace the other provisions of this Annex, as
the case may be.
2. When the quantitative restrictions laid down in Article 10 of
this Agreement are applied, the pursuit of an economic activity
shall be subject to the issue of a residence and/or a work permit.
Article 27
Rules relating to the residence of employed persons
1. The residence permit of an employed person who has an employment
contract for a period of less than one year shall be extended for up
to a total of 12 months provided that the employed person furnishes
proof to the competent national authorities that he is able to
pursue an economic activity. A new residence permit shall be issued
provided that the employed person furnishes proof that he is able to
pursue an economic activity and that the quantitative limits laid
down in Article 10 of this Agreement have not been reached. There
shall be no obligation to leave the country between two employment
contracts in accordance with Article 24 of this Annex.
2. During the period referred to in Article 10(2) of this Agreement,
a Contracting Party may require that a written contract or draft
contract be produced before issuing a first residence permit.
3. (a) 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(8). They may not be denied this right on the grounds that
the number of residence permits guaranteed has been exhausted.
b) 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
1. An employed frontier worker is a national of a Contracting Party
who has his normal place of residence in the frontier zones of
Switzerland or neighbouring states and who pursues an activity as an
employed person in the frontier zones of another Contracting Party
returning as a rule to his principal residence every day, or at
least once a week. For the purposes of this Agreement, frontier
zones shall mean the zones defined in the agreements concluded
between Switzerland and its neighbours concerning movement in
frontier zones.
2. The special permit shall be valid throughout the frontier zone of
the issuing state.
Article 29
Employed persons' right to return
1. An employed person who, on the date this Agreement entered into
force, was holding a residence permit valid for at least one year
and who has then left the host country shall be entitled to
preferential access to the quota for a new residence permit within
six years of his departure provided he proves that he is able to
pursue an economic activity.
2. A frontier worker shall have the right to a new special permit
within six years of the end of his previous employment over an
uninterrupted period of three years, subject to verification of his
pay and working conditions if he is employed for the two years
following the Agreement's entry into force, provided he proves to
the competent national authorities that he is able to pursue an
economic activity.
3. Young persons who have left the territory of a Contracting Party
after residing there for at least five years before the age of 21
shall have the right for a period of four years to return to that
country and pursue an economic activity.
Article 30
Employed persons' occupational and geographical mobility
1. An employed person holding a residence permit valid for less than
one year shall, for the twelve months following the commencement of
his employment, have the right to occupational and geographical
mobility. The right to change from employed to self-employed status
shall also be allowed subject to compliance with Article 10 of this
Agreement.
2. Special permits issued to employed frontier workers shall confer
the right to occupational and geographical mobility within all the
frontier zones of Switzerland or its neighbouring states.
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
1. A self-employed frontier worker is a national of a Contracting
Party who is ordinarily resident in the frontier zones of
Switzerland or neighbouring states and who pursues a self-employed
activity in the frontier zones of the other Contracting Party
returning as a rule to his principal residence in principle every
day or at least once a week. For the purposes of this Agreement,
frontier zones shall mean the zones defined in the agreements
concluded between Switzerland and its neighbouring states concerning
movement in frontier zones.
2. A national of a Contracting Party who wishes in his capacity as a
frontier worker to pursue a self-employed activity in the frontier
zones of Switzerland or its neighbouring states shall receive a
preliminary six-month special permit in advance. He shall receive a
special permit for a period of at least five years provided that he
proves to the competent national authorities, before the end of that
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.
3. Special permits shall be valid throughout the frontier zone of
the issuing state.
Article 33
Self-employed persons' right to return
1. A self-employed person who has held a residence permit valid for
a period of at least five years and who has left the host state
shall have the right to a new permit within six years of his
departure provided he has already worked in the host country for an
uninterrupted period of three years and proves to the competent
national authorities that he is able to pursue an economic activity.
2. A self-employed frontier worker shall have the right to a new
special permit within a period of six years of the termination of
previous activity lasting for an uninterrupted period of four years
provided he proves to the competent national authorities that he is
able to pursue an economic activity.
3. Young persons who have left the territory of a Contracting Party
after residing there for at least five years before the age of 21
shall have the right for a period of four years to return to that
country and pursue an economic activity.
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.
(1) As in force at the date of signing the Agreement.
(2) As in force at the date of signing the Agreement.
(3) As in force at the date of signing the Agreement.
(4) As in force at the date of signing the Agreement.
(5) As in force at the date of signing the Agreement.
(6) As in force at the date of signing the Agreement.
(7) In Switzerland, sickness insurance for persons who do not elect
to make it their domicile must include accident and maternity cover.
(8) 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.
ANNEX II
CO-ORDINATION OF SOCIAL SECURITY SCHEMES
Article 1
1. The contracting parties agree, with regard to the coordination of
social security schemes, to apply among themselves the Community
acts to which reference is made, as in force at the date of
signature of the Agreement and as amended by section A of this
Annex, or rules equivalent to such acts.
2. The term "Member State(s)" contained in the acts referred to in
section A of this Annex shall be understood to include Switzerland
in addition to the States covered by the relevant Community acts.
Article 2
1. For the purposes of applying the provisions of this Annex, the
contracting parties shall take into consideration the Community acts
referred to in or amended by section B of this Annex.
2. For the purposes of applying the provisions of this Annex, the
contracting parties shall take note of the Community acts referred
to in section C of this Annex.
Article 3
1. The arrangements relating to unemployment insurance for Community
workers holding a Swiss residence permit valid for less than one
year are set out in a protocol to this Annex.
1. 371 R 1408(1): 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,
as updated by:
397 R 118: Council Regulation (EC) No 118/97 of 2 December 1996 (OJ
L 28, 30.1.1997, p. 1) modifying and updating Regulation (EEC) No
1408/71 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families
moving within the Community and Regulation (EEC) No 574/72 fixing
the procedure for implementing Regulation (EEC) No 1408/71.
397 R 1290: Council Regulation (EC) No 1290/97 of 27 June 1997 (OJ L
176, 4.7.1997, p. 1) modifying Regulation (EEC) No 1408/71 on the
application of social security schemes to employed persons, to
self-employed persons and to members of their families moving within
the Community and Regulation (EEC) No 574/72 fixing the procedure
for implementing Regulation (EEC) No 1408/71.
398 R 1223: Council Regulation (EC) No 1223/98 of 4 June 1998 (OJ L
168, 13.6.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the
application of social security schemes to employed persons, to
self-employed persons and to members of their families moving within
the Community and Regulation (EEC) No 574/72 fixing the procedure
for implementing Regulation (EEC) No 1408/71.
398 R 1606: Council Regulation (EC) No 1606/98 of 29 June 1998 (OJ L
209, 25.7.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the
application of social security schemes to employed persons, to
self-employed persons and to members of their families moving within
the Community and Regulation (EEC) No 574/72 fixing the procedure
for implementing Regulation (EEC) No 1408/71.
399 R 307: Council Regulation (EC) No 307/1999 of 8 February 1999
(OJ L 38, 12.2.1999, p. 1) amending Regulation (EEC) No 1408/71 on
the application of social security schemes to employed persons, to
self-employed persons and to members of their families moving within
the Community and Regulation (EEC) No 574/72 laying down the
procedure for implementing Regulation (EEC) No 1408/71 with a view
to extending them to cover students.
For the purposes of this Agreement, the Regulation shall be adapted
as follows:
(a) Article 95a shall not be applicable;
(b) Article 95b shall not be applicable;
(c) The following shall be added to Annex I, section I:
Switzerland
If a Swiss institution is the competent institution for granting
healthcare benefits in accordance with Title III Chapter 1 of the
Regulation:
An employed worker within the meaning of the Federal Old-Age and
Survivors' Insurance Act shall be deemed an "employed person" within
the meaning of Article 1(a)(ii) of the Regulation.
A self-employed worker within the meaning of the Federal Old-Age and
Survivors' Insurance Act shall be deemed a "self-employed person"
within the meaning of Article 1(a)(ii) of the Regulation.
(d) The following shall be added to Annex I, section II:
Switzerland
For the purpose of determining entitlement to benefits in kind
pursuant to the provisions of Title III Chapter 1 of the Regulation,
"member of the family" shall mean the spouse as well as the children
under the age of 18 and those under the age of 25 attending school,
pursuing studies or undergoing an apprenticeship.
(e) The following shall be added to Annex II, section I:
Switzerland
The cantonal schemes (GraubŽnden, Lucerne, St. Gallen) for family
allowances for self-employed persons.
(f) The following shall be added to Annex II, section II:
Switzerland
Birth grants and adoption grants pursuant to the relevant cantonal
legislation on family benefits (Fribourg, Geneva, Jura, Lucerne,
Neuchņtel, Schaffhausen, Schwyz, Solothurn, Uri, Valais, Vaud).
(g) The following shall be added to Annex II, section III:
Switzerland
Does not apply.
(h) The following shall be added to Annex IIa:
Switzerland
(a) Supplementary benefits (Federal Supplementary Benefits Act of 19
March 1965) and similar benefits provided for under cantonal
legislation.
(b) Pensions in the case of hardship under invalidity insurance
(Article 28 subpara. 1a of the Federal Invalidity Insurance Act of
19 June 1959, as amended on 7 October 1994).
(c) Non-contributory mixed benefits in the event of unemployment, as
provided for under cantonal legislation.
(i) The following shall be added to Annex III, Part A:
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:
(i) Article 4(2) as regards the payment of cash benefits to persons
resident in a third country
(ii) point 9b, paragraph 1, Nos 2-4 of the Final Protocol
(iii) point 9e, paragraph 1(b), first, second and fourth sentences,
of the Final Protocol.
(b) Convention on unemployment insurance of 20 October 1982, as
amended by the Additional Protocol of 22 December 1992,
(i) Article 7(1)
(ii) Article 8(5). Germany (district of BŽsingen) 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.
Austria-Switzerland
Article 4 of the Convention on social security of 15 November 1967,
as amended by Complementary Conventions No 1 of 17 May 1973, No 2 of
30 November 1977, No 3 of 14 December 1987 and No 4 of 11 December
1996, as regards the payment of cash benefits to persons resident in
a third country.
Belgium-Switzerland
(a) Article 3(1) of the Convention on social security of 24
September 1975 as regards the payment of cash benefits to persons
resident in a third country.
(b) Point 4 of the Final Protocol to the said Convention as regards
the payment of cash benefits to persons resident in a third country.
Denmark-Switzerland
Article 6 of the Convention on social security of 5 January 1983, as
amended by Complementary Conventions No 1 of 18 September 1985 and
No 2 of 11 April 1996, as regards the payment of cash benefits to
persons resident in a third country.
Spain-Switzerland
(a) Article 2 of the Convention on social security of 13 October
1969, as amended by the Complementary Convention of 11 June 1982, as
regards the payment of cash benefits to persons resident in a third
country.
(b) Point 17 of the Final Protocol to the above Convention; persons
insured under the Spanish scheme by virtue of this provision are
exempted from the requirement to join the Swiss sickness insurance
scheme.
Finland-Switzerland
Article 5(2) of the Convention on social security of 28 June 1985.
France-Switzerland
Article 3(1) of the Convention on social security of 3 July 1975, as
regards the payment of cash benefits to persons resident in a third
country.
Greece-Switzerland
Article 4 of the Convention on social security of 1 June 1973, as
regards the payment of cash benefits to persons resident in a third
country.
Italy-Switzerland
(a) Article 3, second sentence, 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, as regards the payment of cash benefits to
persons resident in a third country.
(b) Article 9(1) of the said Convention.
Luxembourg-Switzerland
Article 4(2) of the Convention on social security of 3 June 1969, as
amended by the Complementary Convention of 26 March 1976.
Netherlands-Switzerland
Article 4, second sentence, of the Convention on social security of
27 May 1970.
Portugal-Switzerland
Article 3, second sentence, of the Convention on social security of
11 September 1975, as amended by the Complementary Convention of 11
May 1994, as regards the payment of cash benefits to persons
resident in a third country.
United Kingdom-Switzerland
Article 3 (1) and (2) of the Convention on social security of 21
February 1968, as regards the payment of cash benefits to persons
resident in a third country.
Sweden-Switzerland
Article 5 (2) of the Convention on social security of 20 October
1978.
(j) The following shall be added to Annex III, Part B:
Germany-Switzerland
(a) Article 4(2) of the 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, as regards the payment of cash
benefits to persons resident in a third country.
(b) Convention on unemployment insurance of 20 October 1982, as
amended by the Additional Protocol of 22 December 1992,
(i) Article 7(1)
(ii) Article 8(5). Germany (district of BŽsingen) 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.
Austria-Switzerland
Article 4 of the Convention on social security of 15 November 1967,
as amended by Complementary Conventions No 1 of 17 May 1973, No 2 of
30 November 1977, No 3 of 14 December 1987 and No 4 of 11 December
1996, as regards the payment of cash benefits to persons resident in
a third country.
Belgium-Switzerland
(a) Article 3(1) of the Convention on social security of 24
September 1975, as regards the payment of cash benefits to persons
resident in a third country.
(b) Point 4 of the Final Protocol to the said Convention, as regards
the payment of cash benefits to persons resident in a third country.
Denmark-Switzerland
Article 6 of the Convention on social security of 5 January 1983, as
amended by Complementary Conventions No 1 of 18 September 1985 and
No 2 of 11 April 1996, as regards the payment of cash benefits to
persons resident in a third country.
Spain-Switzerland
(a) Article 2 of the Convention on social security of 13 October
1969, as amended by the Complementary Convention of 11 June 1982, as
regards the payment of cash benefits to persons resident in a third
country.
(b) Point 17 of the Final Protocol to the above Convention; persons
insured under the Spanish scheme by virtue of this provision are
exempted from the requirement to join the Swiss sickness insurance
scheme.
Finland-Switzerland
Article 5(2) of the Convention on social security of 28 June 1985.
France-Switzerland
Article 3(1) of the Convention on social security of 3 July 1975, as
regards the payment of cash benefits to persons resident in a third
country.
Greece-Switzerland
Article 4 of the Convention on social security of 1 June 1973, as
regards the payment of cash benefits to persons resident in a third
country.
Italy-Switzerland
(a) Article 3, second sentence, of the Convention on social security
of 14 December 1962, as amended by the Complementary Convention 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, as regards the payment of cash benefits to
persons resident in a third country.
(b) Article 9(1) of the said Convention.
Luxembourg-Switzerland
Article 4(2) of the Convention on social security of 3 June 1967, as
amended by the Complementary Convention of 26 March 1976.
Netherlands-Switzerland
Article 4, second sentence, of the Convention on social security of
27 May 1970.
Portugal-Switzerland
Article 3, second sentence, of the Convention on social security of
11 September 1975, as amended by the Complementary Convention of 11
May 1994, as regards the payment of cash benefits to persons
resident in a third country.
United Kingdom-Switzerland
Article 3 (1) and (2) of the Convention on social security of 21
February 1968, as regards the payment of cash benefits to persons
resident in a third country.
Sweden-Switzerland
Article 5 (2) of the Convention on social security of 20 October
1978.
(k) The following shall be added to Annex IV, Part A:
Switzerland
None.
(l) The following shall be added to Annex IV, Part B:
Switzerland
None.
(m) The following shall be added to Annex IV, part C:
Switzerland
All claims for old-age, survivors' and invalidity pensions under the
basic scheme and old-age pensions under the occupational benefit
plans.
(n) The following shall be added to Annex IV, Part D2:
Survivors' and invalidity pensions under the Federal Law on
occupational benefits plans for old-age, survivors' and invalidity
insurance of 25 June 1982.
(o) The following shall be added to Annex VI:
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 cover under the Swiss sickness insurance scheme and
possible exemptions
(a) Compulsory insurance under the Swiss sickness insurance scheme
shall cover the following persons not resident in Switzerland:
(i) persons subject to Swiss legal provisions under the terms of
Title II of the Regulation
(ii) persons for whom Switzerland is the competent State under
Articles 28, 28a or 29 of the Regulation
(iii) persons receiving Swiss unemployment insurance benefits
(iv) members of the family of these persons or of a worker resident
in Switzerland who is insured under the Swiss sickness insurance
scheme, except if these family members are resident in one of the
following States: Denmark, Spain, Portugal, Sweden, United Kingdom.
(b) Persons referred to in a) may, on request, be exempted from
compulsory insurance if they are resident in one of the following
States and can prove that they are eligible there for cover in the
event of sickness: Germany, Austria, Finland, Italy and, with regard
to persons referred to in a) i)-iii), 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 the request is submitted after this deadline, the
insurance shall take effect as from the date of affiliation.
4. Persons resident in Germany, Austria, Belgium or the Netherlands
but with sickness insurance cover in Switzerland shall, when in
Switzerland, benefit from the application by analogy of Article 20,
first and second sentences, of the Regulation. In these cases, the
Swiss insurer shall bear all invoiced costs.
5. For the purposes of applying Articles 22, 22a, 22b, 22c, 25 and
31 of the Regulation, the Swiss insurer shall bear all invoiced
costs.
6. Sickness insurance benefits paid by the institution of the place
of residence to the persons referred to in 4 shall be reimbursed in
accordance with Article 93 of Regulation (EEC) No 574/72.
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. An employed or self-employed person who is no longer subject to
Swiss legislation on invalidity insurance shall, for the purposes of
Title III Chapter 3 of the Regulation, be regarded as being insured
by that insurance for the purposes of granting of an ordinary
invalidity pension
(a) for a period of one year with effect from the day on which work
preceding invalidity was interrupted, if he had to give up his
gainful employment or self-employment in Switzerland owing to an
accident or an illness and if the invalidity was diagnosed in this
country; he shall be obliged to pay contributions to old-age,
survivors' and invalidity insurance as if he were domiciled in
Switzerland
(b) for the period for which he undergoes rehabilitation measures
under invalidity insurance after having ceased his gainful
employment or self-employment; he shall then remain subject to the
obligation to pay contributions to old-age, survivors' and
invalidity insurance
(c) in cases where (a) and (b) are not applicable,
(i) if he is insured under the old-age, survivors' or invalidity
insurance of another State to which this Agreement applies on the
date on which the risk insured against materialises within the
meaning of Swiss legislation on invalidity insurance; or
(ii) if he is entitled to claim a pension under the invalidity or
old-age insurance of another State to which the Agreement applies or
if he receives such a pension; or
(iii) if he is incapable of working while subject to the legislation
of another State to which the Agreement applies and is entitled to
claim the payment of benefits from a sickness or accident insurance
scheme of that State or if he receives such benefit; or
(iv) if he is entitled to claim, because of unemployment, the
payment of benefits from the unemployment insurance scheme of
another State to which the Agreement applies or if he receives such
benefit; or
(v) if he has worked in Switzerland as a frontier worker and if,
during the three years immediately preceding the materialisation of
the risk within the meaning of Swiss legislation, he has paid
contributions for at least twelve months in accordance with that
legislation.
9. Point 8 a) shall apply by analogy to the granting of
rehabilitation measures under Swiss invalidity insurance.
(p) The following shall be added to Annex VII:
Pursuit of self-employment in Switzerland and of employment in any
other State to which this Agreement applies.
2. 372 R 0574: Council Regulation (EEC) No 574/72 of 21 March 1972
fixing 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.
as updated by:
397 R 118: Council Regulation (EC) No 118/97 of 2 December 1996 (OJ
L 28, 30.1.1997, p. 1) modifying and updating Regulation (EEC) No
1408/71 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families
moving within the Community and Regulation (EEC) No 574/72 fixing
the procedure for implementing Regulation (EEC) No 1408/71
397 R 1290: Council Regulation (EC) No 1290/97 of 27 June 1997 (OJ L
176, 4.7.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the
application of social security schemes to employed persons, to
self-employed persons and to members of their families moving within
the Community and Regulation (EEC) No 574/72 fixing the procedure
for implementing Regulation (EEC) No 1408/71
398 R 1223: Council Regulation (EC) No 1223/98 of 4 June 1998 (OJ L
168, 13.6.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the
application of social security schemes to employed persons, to
self-employed persons and to members of their families moving within
the Community and Regulation (EEC) No 574/72 fixing the procedure
for implementing Regulation (EEC) No 1408/71
398 R 1606: Council Regulation (EC) No 1606/98 of 29 June 1998 (OJ L
209, 25.7.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the
application of social security schemes to employed persons, to
self-employed persons and to members of their families moving within
the Community and Regulation (EEC) No 574/72 fixing the procedure
for implementing Regulation (EEC) No 1408/71.
399 R 307: Council Regulation (EC) No 307/1999 of 8 February 1999
(OJ L 38, 12.2.1999, p. 1) amending Regulation (EEC) No 1408/71 on
the application of social security schemes to employed persons, to
self-employed persons and to members of their families moving within
the Community and Regulation (EEC) No 574/72 laying downthe
procedure for implementing Regulation (EEC) No 1408/71 with a view
to extending them to cover students.
For the purposes of this Agreement, the Regulation shall be adapted
as follows:
(a) The following shall be added to Annex 1:
Switzerland
1. Bundesamt fŽr Sozialversicherung, Bern - Office fłdłral des
assurances sociales, Berne - Ufficio federale delle assicurazioni
sociali, Berna (Federal Social Insurance Office, Berne).
2. Bundesamt fŽr Wirtschaft und Arbeit, Bern - Office fłdłral du
dłveloppement łconomique et de l'emploi, Berne - Ufficio federale
dello sviluppo economico e del lavoro, Berna (Federal Office for
Industry and Labour, Berne).
(b) The following shall be added to Annex 2:
Switzerland
1. Sickness and maternity
Versichherer - Assureur - Assicuratore (Insurer) under the Federal
Sickness Insurance Act providing cover to the person concerned.
2. Invalidity
(a) Invalidity insurance:
(i) Persons resident in Switzerland:
IV Stelle - Office AI - Ufficio AI (Invalidity insurance office) of
the canton in which they are resident.
(ii) Persons not resident in Switzerland:
IV-Stelle fŽr Versicherte im Ausland, Genf - Office AI pour les
assurłs š l'łtranger, Genųve - Ufficio AI per gli assicurati
all'estero, Ginevra (Invalidity insurance office for persons insured
abroad, Geneva)
(b) Occupational benefit plans:
Pension fund of which the most recent employer is a member.
3. Old age and death
(a) Old-age and survivors' insurance:
(i) Persons resident in Switzerland:
Ausgleichskasse - Caisse de compensation - Cassa di compensazione, š
laquelle les contributions ont łtł payłes en dernier lieu
(Compensation fund) to which contributions have been paid most
recently.
(ii) Persons not resident in Switzerland:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Genųve - Cassa svizzera di compensazione, Ginevra
(Swiss Compensation Fund, Geneva).
(b) Occupational benefit plans:
Pension fund of which the most recent employer is a member.
4. Occupational accidents and diseases
(a) Employed persons:
Insurer against accidents with which the employer is insured.
(b) Self-employed persons:
Insurer against accidents with which the person concerned is
voluntarily insured.
5. Unemployment
(a) Full unemployment:
Unemployment insurance fund chosen by the worker.
(b) Partial unemployment:
Unemployment insurance fund chosen by the employer.
6. Family benefits
(a) Federal scheme:
(i) Employed persons:
Kantonale Ausgleichskasse - Caisse cantonale de compensation - Cassa
cantonale di compensazione (cantonal compensation fund) of which the
employer is a member.
(ii) Self-employed persons:
Kantonale Ausgleichskasse - Caisse cantonale de compensation - Cassa
cantonale di compensazione (cantonal compensation fund) of the
canton of residence.
(b) Cantonal schemes:
(i) Employed persons:
Familienausgleichskasse - Caisse de compensation familiale - Cassa
di compensazione familiale (family compensation fund) of which the
worker is a member, or the employer.
(ii) Self-employed persons:
The institution designated by the canton.
(c) The following shall be added to Annex 3:
Switzerland
1. Sickness and maternity
Gemeinsame Einrichtung KVG, Solothurn - Institution commune LaMal,
Soleure - Istituzione commune LaMal, Soletta (common institution
under the Federal Sickness Insurance Act, Solothurn).
2. Invalidity
(a) Invalidity insurance
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Genųve - Cassa svizzera di compensazione, Ginevra
(Swiss Compensation Fund, Geneva).
(b) Occupational welfare benefit:
Sicherheitsfonds - Fonds de garantie - Fondo di garanzia LPP
(Guarantee Fund).
3. Old age and death
(a) Old-age and survivors' insurance:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Genųve - Cassa svizzera di compensazione, Ginevra
(Swiss Compensation Fund, Geneva).
(b) Occupational benefit plans:
Sicherheitsfonds - Fonds de garantie - Fondo di garanzia LPP
(Guarantee Fund).
4. Occupational accidents and diseases
Schweizerische Unfallversicherungsanstalt, Luzern - Caisse nationale
suisse d'assurance en cas d'accidents, Lucerne - Cassa nazionale
svizzera di assicurazione contro gli incidenti, Lucerna (Swiss
National Accident Insurance Fund, Lucerne).
5. Unemployment
(a) Full unemployment:
Unemployment insurance fund chosen by the employed person.
(b) Partial unemployment:
Unemployment insurance fund chosen by the employer.
6. Family benefits
The institution designated by the canton of residence or the host
canton.
(d) The following shall be added to Annex 4:
Switzerland
1. Sickness and maternity
Gemeinsame Einrichtung KVG, Solothurn - Institution commune LaMal,
Soleure - Istituzione commune LaMal, Soletta (common institution
under the Federal Sickness Insurance Act, Solothurn).
2. Invalidity
(a) Invalidity insurance:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Genųve - Cassa svizzera di compensazione, Ginevra
(Swiss Compensation Fund, Geneva).
(b) Occupational benefit plans:
Sicherheitsfonds - Fonds de garantie - Fondo di garanzia LPP
(Guarantee Fund).
3. Old-age and death
(a) Old-age and survivors' insurance:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Genųve - Cassa svizzera di compensazione, Ginevra
(Swiss Compensation Fund, Geneva).
(b) Occupational benefit plans:
Sicherheitsfonds - Fonds de garantie - Fondo di garanzia LPP
(Guarantee Fund).
4. Occupational accidents and diseases
Schweizerische Unfallversicherungsanstalt, Luzern - Caisse nationale
suisse d'assurance en cas d'accidents, Lucerne - Cassa nazionale
svizzera di assicurazione contro gli incidenti, Lucerna (Swiss
National Accident Insurance Fund, Lucerne).
5. Unemployment
Bundesamt fŽr Wirtschaft und Arbeit, Bern - Office fłdłral du
dłveloppement łconomique et de l'emploi, Berne - Ufficio federale
dello sviluppo economico e del lavoro, Berna (Federal Office for
Industry and Labour, Berne).
6. Family benefits
Bundesamt fŽr Sozialversicherung, Bern - Office fłdłral des
assurances sociales, Berne - Ufficio federale delle assicurazioni
sociali, Berna (Federal Social Insurance Office, Berne).
(e) The following shall be added to Annex 5:
Switzerland
None.
(f) The following shall be added to Annex 6:
Switzerland
Direct payment.
(g) The following shall be added to Annex 7:
Switzerland
Schweizerische Nationalbank, ZŽrich - Banque nationale Suisse,
Zurich - Banca nazionale svizzera, Zurigo (Swiss National Bank,
Zurich).
(h) The following shall be added to Annex 8:
Switzerland
None.
(i) The following shall be added to Annex 9:
Switzerland
The annual average cost of benefits in kind is calculated by taking
into account the benefits granted by insurers under federal
legislation on sickness insurance.
(j) The following shall be added to Annex 10:
Switzerland
1. For the application of Article 11(1) of the implementing
Regulation:
(a) in relation to Article 14(1) and 14b(1) of the Regulation:
Ausgleichskasse der Alters-, Hinterlassenen- und
Invalidenversicherung - Caisse de compensation de
l'assurance-vieillesse, survivants et invaliditł - Cassa die
compensazione dell'assicurazione vecchiaia, superstiti e invaliditš
(the competent compensation fund for old-age, survivors' and
invalidity insurance)
(b) in relation to Article 17 of the Regulation:
Bundesamt fŽr Sozialversicherung, Bern - Office fłdłral des
assurances sociales, Berne - Ufficio federale delle assicurazioni
sociali, Berna (Federal Social Insurance Office, Berne).
2. For the application of Article 11a(1) of the implementing
Regulation:
(a) in relation to Articles 14(1) and 14b(2) of the Regulation:
Ausgleichskasse der Alters-, Hinterlassenen- und
Invalidenversicherung - Caisse de compensation de
l'assurance-vieillesse, survivants et invaliditł - Cassa die
compensazione dell'assicurazione vecchiaia, superstiti e invaliditš
(the competent compensation fund for old-age, survivors' and
invalidity insurance)
(b) in relation to Article 17 of the Regulation:
Bundesamt fŽr Sozialversicherung, Bern - Office fłdłral des
assurances sociales, Berne - Ufficio federale delle assicurazioni
sociali, Berna (Federal Social Insurance Office, Berne).
3. For the application of Article 12a of the implementing
Regulation:
Gemeindeverwaltung - Administration communale - Amministrazione
communale Ausgleichskasse der Alters-, Hinterlassenen- und
Invalidenversicherung - Caisse de compensation de
l'assurance-vieillesse, survivants et invaliditł - Cassa die
compensazione dell'assicurazione vecchiaia, superstiti e invaliditš)
(the competent compensation fund for old-age, survivors' and
invalidity insurance).
4. For the application of Article 13(2) and (3) and Article 14(1)
and (2) of the implementing Regulation:
EidgenŠssische Ausgleichskasse, Bern - Caisse fłdłrale de
compensation, Berne - Cassa federale di compensazione, Berna
(Federal Compensation Fund, Berne).
5. For the application of Articles 38(1), 70(1), 82(2) and 86(2) of
the implementing Regulation:
(the local authority at the place of residence).
6. For the application of Articles 80(2) and 81 of the implementing
Regulation:
Bundesamt fŽr Wirtschaft und Arbeit, Bern - Office fłdłral du
dłveloppement łconomique et de l'emploi, Berne - Ufficio federale
dello sviluppo economico e del lavoro, Berna (Federal Office for
Industry and Labour, Berne).
7. For the application of Article 102(2) of the implementing
Regulation:
(a) in relation to Article 36 of the Regulation:
Gemeinsame Einrichtung KVG, Solothurn - Institution commune LaMal,
Soleure - Istituzione commune LaMal, Soletta (common institution
under the Federal Sickness Insurance Act, Solothurn)
(b) in relation to Article 63 of the Regulation:
Schweizerische Unfallversicherungsanstalt, Luzern - Caisse nationale
Suisse d'assurance en cas d'accidents, Lucerne - Cassa nazionale
svizzera di assicurazione contro gli incidenti, Lucerna (Swiss
National Accident Insurance Fund, Lucerne)
(c) in relation to Article 70 of the Regulation:
Bundesamt fŽr Wirtschaft und Arbeit, Bern - Office fłdłral du
dłveloppement łconomique et de l'emploi, Berne - Ufficio federale
dello sviluppo economico e del lavoro, Berna (Federal Office for
Industry and Labour, Berne).
8. For the application of Article 113(2) of the implementing
Regulation:
(a) in relation to Article 20(1) of the Regulation:
Gemeinsame Einrichtung KVG, Solothurn - Institution commune LaMal,
Soleure - Istituzione commune LaMal, Soletta (common institution
under the Federal Sickness Insurance Act, Solothurn)
(b) in relation to Article 62(1) of the implementing Regulation:
Schweizerische Unfallversicherungsanstalt, Luzern - Caisse nationale
Suisse d'assurance en cas d'accidents, Lucerne - Cassa nazionale
svizzera di assicurazione contro gli incidenti, Lucerna (Swiss
National Accident Insurance Fund, Lucerne).
(k) The following shall be added to Annex 11:
Switzerland
None.
3. 398 L 49: Council Directive 98/49/EC of 29 June 1998 (OJ L 209,
25.7.1998, p. 46) on safeguarding the supplementary pension rights
of employed and self-employed persons moving within the Community.
SECTION B: ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE
ACCOUNT
4.1. 373 D 0919(02): Decision No 74 of 22 February 1973 concerning
the provision of medical care in cases of temporary stay under
Article 22(1)(a)(i) of Council Regulation (EEC) No 1408/71 and
Article 21 of Council Regulation (EEC) No 574/72 (OJ C 75,
4.2. 373 D 0919(03): Decision No 75 of 22 February 1973 concerning
the investigation of applications for review made under Article
94(5) of Council Regulation (EEC) No 1408/71 by invalidity
pensioners (OJ C 75, 19.9.1973, p. 5).
4.3. 373 D 0919(06): Decision No 78 of 22 February 1973 concerning
the interpretation of Article 7(1)(a) of Council Regulation (EEC) No
574/72 relating to the procedure for implementing the provisions on
reduction and suspension (OJ C 75, 19.9.1973, p. 8).
4.4. 373 D 0919(07): Decision No 79 of 22 February 1973 concerning
the interpretation of Article 48(2) of Council Regulation (EEC) No
1408/71 relating to the aggregation of insurance periods treated as
such with regard to insurance for invalidity, old age and death (OJ
C 75, 19.9.1973, p. 9).
4.5. 373 D 0919(09): Decision No 81 of 22 February 1973 concerning
aggregation of insurance periods completed in a specific employment
pursuant to Article 45(2) of Council Regulation (EEC) No 1408/71 (OJ
C 75, 19.9.1973, p. 11).
4.6. 373 D 0919(11): Decision No 83 of 22 February 1973 concerning
the interpretation of Article 68(2) of Council Regulation (EEC) No
1408/71 and of Article 82 of Council Regulation (EEC) No 574/72
relating to increases in unemployment benefit for dependent members
of the family (OJ C 75, 19.9.1973, p. 14).
4.7. 373 D 0919(13): Decision No 85 of 22 February 1973 concerning
the interpretation of Article 57(1) of Council Regulation (EEC) No
1408/71 and of Article 67(3) of Council Regulation (EEC) No 574/72
relating to the determination of the applicable legislation and the
institution competent for the granting of benefits in respect of
occupational diseases (OJ C 75, 19.9.1973, p. 17).
4.8. 373 D 1113(02): Decision No 86 of 24 September 1973 concerning
the methods of operation and the composition of the Audit Board of
the Administrative Commission of the European Communities on social
security for migrant workers (OJ C 96, 13.11.1973, p. 2), as amended
by:
395 D 0512: Decision No 159 of 3 October 1995 (OJ L 294, 8.12.1995,
p. 38).
4.9. 374 D 0720(06): Decision No 89 of 20 March 1973 concerning the
interpretation of Article 16(1) and (2) of Council Regulation (EEC)
No 1408/71 relating to persons employed by diplomatic missions and
consular posts (OJ C 86, 20.7.1974, p. 7).
4.10. 374 D 0720(07): Decision No 91 of 12 July 1973 concerning the
interpretation of Article 46(3) of Council Regulation (EEC) No
1408/71 relating to the award of benefits due under paragraph 1 of
the said Article (OJ C 86, 20.7.1974, p. 8).
4.11. 374 D 0823(04): Decision No 95 of 24 January 1974 concerning
the interpretation of Article 46(2) of Council Regulation (EEC) No
1408/71 on the calculation of pro rata pensions (OJ C 99, 23.8.1974,
p. 5).
4.12. 374 D 1017(03): Decision No 96 of 15 March 1974 concerning the
revision of rights to benefit pursuant to Article 49(2) of Council
Regulation (EEC) No 1408/71 (OJ C 126, 17.10.1974, p. 23).
4.13. 375 D 0705(02): Decision No 99 of 13 March 1975 concerning the
interpretation of Article 107(1) of Council Regulation (EEC) No
574/72 with regard to the obligation to recalculate current benefits
(OJ C 150, 5.7.1975, p. 2).
4.14. 375 D 0705(03): Decision No 100 of 23 January 1975 concerning
the refund of cash benefits provided by the institution of the place
of stay or of residence on behalf of the competent institution and
the details of refunding these benefits (OJ C 150, 5.7.1975, p. 3).
4.15. 376 D 0526(03): Decision No 105 of 19 December 1975 on the
implementation of Article 50 of Council Regulation (EEC) No 1408/71
(OJ C 117, 26.5.1976, p. 3).
4.16. 378 D 0530(02): Decision No 109 of 18 November 1977 amending
Decision No 92 of 22 November 1973, concerning the concept of
sickness and maternity insurance benefits in kind referred to in
Articles 19(1) and (2), 22, 25(1), (3) and (4), 26, 28(1), 28a, 29
and 31 of Council Regulation (EEC) No 1408/71 and the determination
of the amounts to be refunded under Articles 93, 94 and 95 of
Council Regulation (EEC) No 574/72, as well as the advances to be
paid in pursuance of Article 102(4) of the same Regulation (OJ C
125, 30.5.1978, p. 2).
4.17. 383 D 0115: Decision No 115 of 15 December 1982 concerning the
granting of prostheses, major appliances and other substantial
benefits in kind provided for in Article 24(2) of Council Regulation
(EEC) No 1408/71 (OJ C 193, 20.7.1983, p. 7).
4.18. 383 D 0117: Decision No 117 of 7 July 1982 concerning the
conditions for implementing Article 50(1)(a) of Council Regulation
(EEC) No 574/72 (OJ C 238, 7.9.1983, p. 3), as amended by:
1 94 N: Act concerning the conditions of accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden and
the adjustments to the Treaties on which the European Union is
founded (OJ C 241, 29.8.1994, p. 21, as amended by OJ L 1, 1.1.1995,
p. 1).
The provisions of the Decision shall, for the purposes of the
present Agreement, be read with the following adaptations:
The following shall be added to Article 2 No 2:
Switzerland
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Genųve - Cassa svizzera di compensazione, Ginevra
(Swiss Compensation Fund, Geneva).
4.19. 83 D 1112(02): Decision No 118 of 20 April 1983 concerning the
conditions for implementing Article 50(1)(b) of Council Regulation
(EEC) No 574/72 (OJ C 306, 12.11.1983, p. 2), as amended by:
1 94 N: Act concerning the conditions of accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden and
the adjustments to the Treaties on which the European Union is
founded (OJ C 241, 29.8.1994, p. 21 as amended by OJ L 1, 1.1.1995,
p. 1).
The provisions of the Decision shall, for the purposes of the
present Agreement, be read with the following adaptations:
The following shall be added to Article 2 No 4:
Switzerland
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Genųve - Cassa svizzera di compensazione, Ginevra
(Swiss Compensation Fund, Geneva).
4.20. 383 D 1102(03): Decision No 119 of 24 February 1983 concerning
the interpretation of Article 76 and Article 79(3) of Council
Regulation (EEC) No 1408/71 and of Article 10(1) of Council
Regulation (EEC) No 574/72 relating to the overlapping of family
benefits and allowances (OJ C 295, 2.11.1983, p. 3).
4.21. 383 D 0121: Decision No 121 of 21 April 1983 concerning the
interpretation of Article 17(7) of Council Regulation (EEC) No
574/72 relating to the granting of prostheses, major appliances and
other substantial benefits in kind (OJ C 193, 20.7.1983, p. 10).
4.22. 386 D 0126: Decision No 126 of 17 October 1985 concerning the
application of Articles 14(1)(a), 14a(1)(a), 14b(1) and (2) of
Council Regulation (EEC) No 1408/71 (OJ C 141. 7.6.1986, p. 3).
4.23. 387 D XXX: Decision No 132 of 23 April 1987 concerning the
interpretation of Article 40(3)(a)(ii) of Council Regulation (EEC)
No 1408/71 (OJ C 271, 9.10.1987, p. 3).
4.24. 387 D 284: Decision No 133 of 2 July 1987 concerning the
application of Articles 17(7) and 60(6) of Council Regulation (EEC)
No 574/72 (OJ C 284, 22.10.1987, p. 3 and OJ C 64, 9.3.1988, p. 13).
4.25. 388 D XXX: Decision No 134 of 1 July 1987 concerning the
interpretation of Article 45(2) of Council Regulation (EEC) No
1408/71 relating to aggregation of insurance periods completed in an
occupation subject to a special scheme in one or more Member States
(OJ C 64, 9.3.1988, p. 4).
4.26. 388 D XXX: Decision No 135 of 1 July 1987 concerning the
granting of benefits in kind provided for in Article 17(7) and
Article 60(6) of Council Regulation (EEC) No 574/72 and the concept
of urgency within the meaning of Article 20 of Council Regulation
(EEC) No 1408/71 and of extreme urgency within the meaning of
Articles 17(7) and 60(6) of Council Regulation(EEC) No 574/72 (OJ C
281, 9.3.1988, p. 7), as amended by:
1 94 N: Act concerning the conditions of accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden and
the adjustments to the Treaties on which the European Union is
founded (OJ C 241, 29.8.1994, p. 21 as amended by OJ L 1, 1.1.1995,
p. 1).
The provisions of the Decision shall, for the purposes of the
present Agreement, be read with the following adaptations:
The following shall be added to Article 2 No 2:
"CHF 800 for the institution of the place of residence in
Switzerland; ".
4.27. 388 D 64: Decision No 136 of 1 July 1987 concerning the
interpretation of Article 45(1) to (3) of Council Regulation (EEC)
No 1408/71 with regard to the taking into account of insurance
periods completed under the legislations of other Member States for
the acquisition, retention or recovery of the right to benefits (OJ
C 64, 9.3.1988, p. 7), as amended by:
1 94 N: Act concerning the conditions of accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden and
the adjustments to the Treaties on which the European Union is
founded (OJ C 241, 29.8.1994, p. 21, as amended by OJ L 1, 1.1.1995,
p. 1).
The provisions of the Decision shall, for the purposes of the
present Agreement, be read with the following adaptations:
The following shall be added to the Annex:
Switzerland
None.
4.28. 389 D 606: Decision No 137 of 15 December 1988 concerning the
application of Article 15(3) of Council Regulation (EEC) No 574/72
(OJ C 140, 6.6.1989, p. 3).
4.29. 389 D XXX: Decision No 138 of 17 February 1989 concerning the
interpretation of Article 22 (1)(c)(i) of Council Regulation (EEC)
No 1408/71 in the case of organ transplants or other forms of
surgery requiring tests on biological samples while the person
concerned is not present in the Member State where the tests are
carried out (OJ C 287, 15.11.1989, p. 3).
4.30. 390 D XXXX: Decision No 139 of 30 June 1989 concerning the
date to be taken into consideration for determining the rates of
conversion referred to in Article 107 of Council Regulation (EEC) No
574/72 to be applied when calculating certain benefits and
contributions (OJ C 94, 12.4.1990, p. 3).
4.31. 390 D XXX: Decision No 140 of 17 October 1989 concerning the
rate of conversion to be applied by the institution of a wholly
unemployed frontier worker's place of residence to the last wage or
salary he received in the competent State (OJ C 94, 12.4.1990, p.
4.32. 390 D XXX: Decision No 141 of 17 October 1989 amending
Decision No 127 of 17 October 1985 concerning the compilation of the
lists provided for in Articles 94(4) and 95(4) of Regulation (EEC)
No 574/72/EEC (OJ C 94, 12.4.1990, p. 5).
4.33. 390 D XXX: Decision No 142 of 13 February 1990 concerning the
application of Articles 73, 74 and 75 of Council Regulation (EEC) No
1408/71 (OJ C 80, 30.3.1990, p. 7).
The provisions of the Decision shall, for the purposes of the
present Agreement, be read with the following adaptations:
(a) No 1 shall not apply.
(b) No 3 shall not apply.
4.34. 391 D 140: Decision No 144 of 9 April 1990 on the model forms
necessary for the application of Council Regulations (EEC) No
1408/71 and (EEC) No 574/72 (E401-E410 F) (OJ L 71, 18.3.1991, p.
4.35. 391 D 425: Decision No 147 of 11 October 1990 concerning the
application of Article 76 of Council Regulation (EEC) No 1408/71 (OJ
L 235, 23.8.1991, p. 21), as amended by:
395 D 2353: Decision No 155 of 6 July 1994 (E401-E411) (OJ L 209,
4.36. 393 D 22: Decision No 148 of 25 June 1992 concerning the use
of the certificate concerning the applicable legislation (Form E101)
where the period of posting does not exceed three months (OJ L 22,
4.37. 393 D 825: Decision No 150 of 26 June 1992 concerning the
application of Articles 77, 78 and 79(3) of Regulation (EEC) No
1408/71 and of Article 10(1)(b)(ii) of Regulation (EEC) No 574/72
(OJ C 229, 25.8.1993, p. 5), as amended by:
1 94 N: Act concerning the conditions of accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden and
the adjustments to the Treaties on which the European Union is
founded (OJ C 241, 29.8.1994, p. 21, as amended by OJ L 1, 1.1.1995,
p. 1).
The provisions of the Decision shall, for the purposes of the
present Agreement, be read with the following adaptations:
Switzerland
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Genųve - Cassa svizzera di compensazione, Ginevra
(Swiss Compensation Fund, Geneva).
4.38. 394 D 602: Decision No 151 of 22 April 1993 concerning the
application of Article 10a of Regulation (EEC) No 1408/71 and
Article 2 of Regulation (EEC) No 1247/92 (OJ L 244, 19.9.1994, p.
1. Invalidity, old age and death
(a) Invalidity insurance:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Genųve - Cassa svizzera di compensazione, Ginevra
(Swiss Compensation Fund, Geneva).
(b) Occupational welfare benefit:
Sicherheitsfonds - Fonds de garantie - Fondo di garanzia LPP.
Provident institution under the Federal Act on occupational benefit
plans for old-age, survivors' and invalidity insurance.
2. Unemployment
Bundesamt fŽr Wirtschaft und Arbeit, Bern - Office fłdłral du
dłveloppement łconomique et de l'emploi, Berne - Ufficio federale
dello sviluppo economico e del lavoro, Berna (Federal Office for
Industry and Labour, Berne).
3. Family benefits
Bundesamt fŽr Sozialversicherung, Bern - Office fłdłral des
assurances sociales, Berne - Ufficio federale delle assicurazioni
sociali, Berna (Federal Social Insurance Office, Berne).
4.39. 394 D 604: Decision No 153 of 7 October 1993 on the model
forms necessary for the application of Council Regulations (EEC) No
1408/71 and (EEC) No 574/72 (E001, E103-E127) (OJ L 244, 19.9.1994,
p. 22).
4.40. 394 D 605: Decision No 154 of 8 February 1994 on the model
forms necessary for the application of Council Regulations (EEC) No
1408/71 and (EEC) No 574/72 (E301, E302, E303) (OJ L 244, 19.9.1994,
p. 123).
4.41. 395 D 353: Decision No 155 of 6 July 1994 on the model forms
necessary for the application of Council Regulations (EEC) No
1408/71 and (EEC) No 574/72 (E401-E411) (OJ L 244, 5.9.1995, p. 1).
4.42. 395 D 0419: Decision No 156 of 7 April 1995 concerning the
rules of priority with regard to sickness and maternity insurance
(OJ L 249, 17.10.1995, p. 41).
4.43. 396 D 732: Decision No 158 of 27 November 1995 on the model
forms necessary for the application of Regulations (EEC) No 1408/71
and (EEC) No 574/72 (E201-E215) (OJ L 336, 27.12.1996, p. 1).
4.44. 395 D 512: Decision No 159 of 3 October 1995 amending Decision
No 86 of 24 September 1973 concerning the methods of operation and
the composition of the Audit Board of the Administrative Commission
of the European Communities on Social Security for Migrant Workers
(OJ L 294, 8.12.1995 p. 38).
4.45. 396 D 172: Decision No 160 of 28 November 1995 concerning the
scope of Article 71(1)(b)(ii) of Council Regulation (EEC) No 1408/71
relating to the right to unemployment benefits of workers, other
than frontier workers, who, during their last employment, were
resident in the territory of a Member State other than the competent
State (OJ L 49, 28.2.1996, p. 31).
4.46. 396 D 249: Decision No 161 of 15 February 1996 concerning the
reimbursement by the competent institution of a Member State of the
costs incurred during a stay in another Member State by means of the
procedure referred to in Article 34(4) of Regulation (EEC) No 574/72
(OJ L 83, 2.4.1996, p. 19).
4.47. 396 D 554: Decision No 162 of 31 May 1996 concerning the
interpretation of Articles 14(1) and 14b(1) of Council Regulation
(EEC) No 1408/71 on the legislation applicable to posted workers (OJ
L 241, 21.9.1996, p. 28).
4.48. 396 D 555: Decision No 163 of 31 May 1996 concerning the
interpretation of Article 22(1)(A) of Regulation (EEC) No 1408/71 in
respect of persons undergoing dialysis or oxygen therapy (OJ L 241,
4.49. 397 D 533: Decision No 164 of 27 November 1996 on the model
forms necessary for the application of Council Regulations (EEC) No
1408/71 and (EEC) No 574/72 (E 101 and E 102) (OJ L 216 du 8.8.1997,
p. 85).
4.50. 397 D 0823: Decision No 165 of 30 June 1997 on the model forms
necessary for the application of Council Regulations (EEC) No
1408/71 and (EEC) No 574/72 (E128 and E128B) (OJ L 341, 12.12.1997,
p. 61).
4.51. 398 D 0441: Decision No 166 of 2 October 1997 on the amending
of forms E106 and E109 (OJ L 195, 11.7.1998, p. 25).
4.52. 398 D 0442: Decision No 167 of 2 December 1997 amending
Decision No 146 of 10 October 1990 concerning the interpretation of
Article 94(9) of Regulation (EEC) No 1408/71 (OJ L 195, 11.7.1998,
p. 35).
4.53. 398 D 0443: Decision No 168 of 11 June 1998 on the amending of
forms E121 and E127 and the discontinuance of form E122 (OJ L 195,
4.54. 398 D 0444: Decision No 169 of 11 June 1998 concerning the
methods of operation and the composition of the Technical Commission
on Data Processing of the Administrative Commission of the European
Communities on Social Security for Migrant Workers (OJ L 195,
4.55. 398 D 0565: Decision No 170 of 11 June 1998 amending Decision
No 141 of 17 October 1989 concerning the compilation of the lists
provided for in Articles 94(4) and 95(4) of Council Regulation (EEC)
No 574/72 of 21 March 1972 (OJ L 275, 10.10.1998, p. 40).
SECTION C: ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE
The Contracting Parties shall take note of the content of the
following acts:
5.1. Recommendation No 14 of 23 January 1975 concerning the issue of
Form E111 to workers posted abroad (adopted by the Administrative
Commission during its 139th meeting on 23 January 1975).
5.2. Recommendation No 15 of 19 December 1980 on the determination
of the language of issue of the forms required for the purposes of
Regulations (EEC) No 1408/71 and (EEC) No 574/72/EEC (adopted by the
Administrative Commission during its 176th meeting on 19 December
5.3. 385 Y 0016: Recommendation No 16 of 12 December 1984 concerning
the conclusion of agreements pursuant to Article 17 of Regulation
(EEC) No 1408/71 (OJ C 273, 24.10.1985, p. 3).
5.4. 385 Y 0017: Recommendation No 17 of 12 December 1984 concerning
the statistical data to be supplied each year for the drawing up of
the reports of the Administrative Commission (OJ C 273, 24.10.1985,
p. 3).
5.5 386 Y 0018: Recommendation No 18 of 28 February 1986 relating to
the legislation applicable to unemployed persons engaged in
part-time work in a Member State other than the State of residence
(OJ C 284, 11.11.1986, p. 4).
5.6. 392 Y 19: Recommendation No 19 of 24 November 1992 on the
improvement of cooperation among the Member States in implementing
the Community Regulations (OJ C 199, 23.7.1993, p. 11).
5.7. 396 Y 592: Recommendation No 20 of 31 May 1996 concerning
improvement of the administration and settlement of reciprocal
claims (OJ L 259, 12.10.1996, p. 19).
5.8. 397 Y 0304(01): Recommendation No 21 of 28 November 1996
concerning the application of Article 69(1)(a) of Regulation (EEC)
No 1408/71 to unemployed persons accompanying their spouses employed
in a Member State other than the competent State (OJ C 67, 4.3.1997,
p. 3).
6.0. 381 Y 0613(01): Declarations by Greece provided for in Article
5 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the
application of social security schemes to employed persons and their
families moving within the Community (OJ C 143, 13.6.1981, p. 1).
6.1. 386 Y 0338(01): Updating of the Declarations of the Member
States provided for in Article 5 of Council Regulation (EEC) No
1408/71 of 14 June 1971 on the application of social security
schemes to employed persons and their families moving within the
Community (OJ C 338, 31.12.1986, p. 1).
6.2. C/107/87/p. 1: Declarations of the Member States provided for
in Article 5 of Council Regulation (EEC) No 1408/71 of 14 June 1971
on the application of social security schemes to employed and self
employed persons and their families moving within the Community (OJ
C 107, 22.4.1987, p. 1).
6.3. C/323/80/p. 1: Notifications to the Council by the Governments
of the Federal Republic of Germany and of the Grand Duchy of
Luxembourg of the conclusion of a convention between these two
Governments on various social security questions, pursuant to
Articles 8(2) and 96 of Council Regulation (EEC) No 1408/71 of 14
June 1971 on the application of social security schemes to employed
persons and their families moving within the Community (OJ C 323,
6.4. L/90/87/p. 39: Declaration made by the French Republic pursuant
to Article 1(j) of Council Regulation (EEC) No 1408/71 on the
application of social security schemes to employed persons,
self-employed persons and members of their families moving within
the Community (OJ L 90, 2.4.1987, p. 39).
(1) N.B.
The Community acquis as applied by the EC Member States within the
European Community when this Agreement is signed:
The principles of aggregation of entitlements to unemployment
benefit and its provision in the State of last employment apply
irrespective of the duration of employment.
Persons who have been employed for a period of less than one year
within the territory of a Member State may, in order to seek a new
job, reside there after the end of their employment for a reasonable
period, which may be up to six months, for the purpose of
identifying offers of jobs corresponding to their professional
qualifications and, if necessary, taking the steps required to
obtain employment. These persons may also remain after the end of
their employment if they have sufficient financial means to support
themselves and the members of their families without having to draw
on welfare benefits during their stay, and if they have sickness
insurance cover for all risks. Unemployment benefit to which they
are entitled under national legislation, and which may if necessary
be supplemented under aggregation rules, is to be regarded as such
financial means. Financial means are deemed adequate if they exceed
the amount below which nationals of the State concerned may, while
taking into account their personal circumstances and possibly those
of their families, claim welfare benefits. If this precondition is
not applicable, the financial means of the applicant are considered
adequate if they exceed the level of the minimum social security
pension granted by the host State.
Seasonal workers may exercise their rights to unemployment benefits
in the State of last employment regardless of when the season
concerned comes to an end. They may remain after the end of their
employment provided that they satisfy the conditions mentioned in
the previous paragraph. If they make themselves available for work
in the State of residence, they will receive unemployment benefits
in that State in accordance with the provisions of Article 71 of
Regulation (EEC) no 1408/71.
Frontier workers may make themselves available for work in the State
of residence or in the State of last employment if they have
maintained personal and professional links and thus have better
prospects of finding employment there. They will draw unemployment
benefits in the State in which they make themselves available for
work.
PROTOCOL
to Annex II to the Agreement on the free movement of persons
Unemployment insurance
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:
1.1. Only workers who have paid contributions in Switzerland for the
minimum period required under the Federal Unemployment Insurance and
Insolvency Allowances Act (loi fłdłrale sur l'assurance-chĮmage
obligatoire et l'indemnitł en cas d'insolvabilitł - LACI)(1) 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.
1.2. 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.
1.3. 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:
(a) 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).
(b) 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.(2)
(c) 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. Frontier workers' unemployment insurance contributions in
Switzerland, as provided for under the respective bilateral
agreements, shall continue to be refunded.
3. The arrangements under 1 and 2 shall apply for a period of seven
years from the date of entry into effect of the Agreement. If, at
the end of the seven-year period, a Member State 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.
Allowances for helpless persons
Allowances for helpless persons under the Federal Old-Age and
Survivors' Insurance Act (loi fłdłrale sur l'assurance-vieillesse et
survivants) and the Federal Invalidity Insurance Act (loi fłdłrale
sur l'assurance-invaliditł) shall, by means of a decision of the
Joint Committee, be provided for in the text of Annex II to the
Agreement on the free movement of persons in Annex IIa to Regulation
No 1408/71, as soon as the amendment of these Acts stipulating that
these benefits shall be financed exclusively by the public
authorities enters into effect.
Occupational benefit plans concerning old-age, survivors' and
invalidity pensions
Notwithstanding Article 10 (2) of Council 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 fłdłrale sur le libre
passage dans la prłvoyance professionnelle vieillesse, survivants et
invaliditł) 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 they leave Switzerland within
five years of this Agreement entering into effect.
(1) Currently six months, or 12 months in the event of recurrent
unemployment.
(2) Refunded contributions for workers who will exercise their right
to unemployment benefit in Switzerland after having paid
contributions for at least six months - over several periods of
residence - within the space of two years.
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
Community acts to which reference is made, as in force at the date
of the signature of the Agreement and as amended by Section A of
this present Annex, or rules equivalent to such acts.
2. For the purposes of applying the present Annex, the contracting
parties take note of the Community acts to which reference is made
in Section B of this Annex.
3. 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 Community acts in question.
SECTION A - ACTS TO WHICH REFERENCE IS MADE
A. General system
1. 389 L 0048: Council Directive 89/48/EEC of 21 December 1988 on a
general system for the recognition of higher-education diplomas
awarded on completion of professional education and training of at
least three years' duration (OJ L 19, 24.1.1989, p. 16).
2. 392 L 0051: Council Directive 92/51/EEC of 18 June 1992 on a
second general system for the recognition of professional education
and training to supplement Directive 89/48/EEC (OJ L 209, 24.7.1992,
p. 25), as amended by:
- 394 L 0038: Commission Directive 94/38/EC of 26 July 1994 amending
Annexes C and D to Council Directive 92/51/EEC on a second general
system for the recognition of professional education and training to
supplement Directive 89/48/EEC (OJ L 217, 23.8.1994, p. 8)
- 395 L 0043: Commission Directive 95/43/EC of 20 July 1995 amending
Annexes C and D to Council Directive 92/51/EEC on a second general
system for the recognition of professional education and training to
supplement Directive 89/48/EEC (OJ L 184, 3.8.1995, p. 21)
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union
- 397 L 0038: Commission Directive 97/38/EC of 20 June 1997 amending
Annex C to Council Directive 92/51/EEC on a second general system
for the recognition of professional education and training to
supplement Council Directive 89/48/EEC (OJ L 184, 3.8.1997, p. 31).
The Swiss lists relating to Annexes C and D of Directive 92/51/EEC
will be drawn up in the framework of the application of the present
agreement.
B. Legal professions
3. 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:
- 1 79 H: Act concerning the conditions of accession of the Hellenic
Republic to the European Communities and the adjustments to the
treaties (OJ L 291, 19.11.1979, p. 91)
- 1 85 I: Act concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic to the European Communities (OJ
L 302 of 15.11.1985, p. 160)
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
The following text is added to Article 1(2):
"Switzerland:
Avocat/Advokat, Rechtsanwalt, Anwalt, FŽrsprecher, FŽrsprech
Avvocato."
4. 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,
5. 381 L 1057: Council Directive 81/1057/EEC of 14 December 1981
supplementing Directives 75/362/EEC, 77/452/EEC, 78/686/EEC and
78/1026/EEC concerning the mutual recognition of diplomas,
certificates and other evidence of the formal qualifications of
doctors, nurses responsible for general care, dental practitioners
and veterinary surgeons respectively, with regard to acquired rights
(OJ L 385, 31.12.1981, p. 25).
Doctors
6. 393 L 0016: Council Directive 93/16/EEC of 5 April 1993 to
facilitate the free movement of doctors and the mutual recognition
of their diplomas, certificates and other evidence of formal
qualifications (OJ L 165, 7.7.1993, p. 1), as amended by:
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union
- 398 L 0021: Commission Directive 98/21/EC of 8 April 1998 amending
Council Directive 93/16/EEC to facilitate the free movement of
doctors and the mutual recognition of their diplomas, certificates
and other evidence of formal qualifications (OJ L 119, 22.4.1998, p.
15).
- 398 L 0063: Commission Directive 98/63/EC of 3 September 1998
amending Council Directive 93/16/EEC to facilitate the free movement
of doctors and the mutual recognition of their diplomas,
certificates and other evidence of formal qualifications (OJ L 253,
15.9.1998, p. 24).
(a) The following text is added to Article 3:
"in Switzerland:
titulaire du diplĮme fłdłral de młdecin
EidgenŠssisch diplomierter Arzt
titolare di diploma federale di medico
awarded by the Dłpartement fłdłral de l'intłrieur."
(b) The following text is added to Article 5(2):
"in Switzerland:
spłcialiste/Facharzt/specialista
awarded by the Dłpartement fłdłral de l'intłrieur."
(c) The following references are added to Article 5(3) in the
indents indicated below:
anaesthetics:
"Switzerland:
anesthłsiologie
Anōsthesiologie
anestesiologia"
general surgery:
"Switzerland:
chirurgie
Chirurgie
chirurgia"
neurological surgery:
"Switzerland:
neurochirurgie
Neurochirurgie
neurochirurgia"
obstetrics and gynaecology:
"Switzerland:
gynłcologie et obstłtrique
Gynōkologie und Geburtshilfe
ginecologia e ostetricia"
general (internal) medicine:
"Switzerland:
młdecine interne
Innere Medizin
medicina interna"
ophthalmology:
"Switzerland:
ophtalmologie
Ophthalmologie
oftalmologia"
oto rhino laryngology:
"Switzerland:
oto-rhino-laryngologie
Oto-Rhino-Laryngologie
otorinolaringoiatria"
paediatrics:
"Switzerland:
płdiatrie
Kinder- und Jugendmedezin
pediatria"
respiratory medicine:
"Switzerland:
pneumologie
Pneumologie
pneumologia"
urology:
"Switzerland:
urologie
Urologie
urologia"
orthopaedics:
"Switzerland:
chirurgie orthopłdique
Orthopōdische Chirurgie
chirurgia ortopedica"
pathological anatomy:
"Switzerland:
pathologie
Pathologie
patologia"
neurology:
"Switzerland:
neurologie
Neurologie
neurologia"
psychiatry:
"Switzerland:
psychiatrie et psychothłrapie
Psychiatrie und Psychotherapie
psichiatria e psicoterapia"
(d) The following references are added to Article 7(2) in the
indents indicated below:
plastic surgery:
"Switzerland:
chirurgie plastique et reconstructive
Plastische und Wiederherstellungschirurgie
chirurgia plastica e ricostruttiva"
thoracic surgery:
"Switzerland:
chirurgie cardiaque et vasculaire thoracique
Herz- und thorakale Gefōsschirurgie
chirurgia del cuore e dei vasi toracici"
paediatric surgery:
"Switzerland:
chirurgie płdiatrique
Kinderchirurgie
chirurgia pediatrica"
cardiology:
"Switzerland:
cardiologie
Kardiologie
cardiologia"
gastro-enterology:
"Switzerland:
gastro-entłrologie
Gastroenterologie
gastroenterologia"
rheumatology:
"Switzerland:
rhumatologie
Rheumatologie
reumatologia"
general haematology:
"Switzerland:
hłmatologie
Hōmatologie
ematologia"
endocrinology:
"Switzerland:
endocrinologie-diabłtologie
Endokrinologie-Diabetologie
endocrinologia-diabetologia"
physiotherapy:
"Switzerland:
młdecine physique et rładaptation
Physikalische Medizin und Rehabilitation
medicina fisica e riabilitazione"
dermato-venereology:
"Switzerland:
dermatologie et vłnłrłologie
Dermatologie und Venerologie
dermatologia e venereologia"
diagnostic radiology:
"Switzerland:
radiologie młdicale/radio-diagnostic
Medizinische Radiologie/Radiodiagnostik
radiologia medica/radiodiagnostica"
radiotherapy:
"Switzerland:
radiologie młdicale/radio-oncologie
Medizinische Radiologie/Radio-Onkologie
radiologia medica/radio-oncologia"
tropical medicine:
"Switzerland:
młdecine tropicale
Tropenmedezin
medicina tropicale"
child psychiatry:
"Switzerland:
psychiatrie et psychothłrapie d'enfants et d'adolescents
Kinder- und Jugendpsychiatrie und -psychotherapie
psichiatria e psicoterapia infantile e dell'adolescenza"
renal diseases:
"Switzerland:
nłphrologie
Nephrologie
nefralogia"
community medicine:
"Switzerland:
prłvention et santł publique
Prōvention und Gesundheitswesen
prevenzione e salute pubblica"
occupational medicine:
"Switzerland:
młdecine du travail
Arbeitsmedizin
medicina del lavoro"
allergology:
"Switzerland:
allergologie et immunologie clinique
Allergologie und klinische Immunologie
allergologia e immunologia clinica"
nuclear medicine:
"Switzerland:
radiologie młdicale/młdecine nuclłaire
Medizinische Radiologie/Nuklearmedizin
radiologia medica/medicina nucleare"
Dental, oral and maxillo-facial surgery (basic medical and dental
training:
"Switzerland:
chirurgie maxillo-faciale
Kiefer- und Gesichtschirurgie
chirurgia mascello-facciale"
6(a) 96/C/216/03: List of designations of diplomas, certificates and
other evidence of formal qualifications as general medical
practitioner published in accordance with Article 41 of Directive
93/16/EEC (OJ C 216, 25.7.1996)
Nurses
7. 377 L 0452: Council Directive 77/452/EEC of 27 June 1977
concerning the mutual recognition of diplomas, certificates and
other evidence of the formal qualifications of nurses responsible
for general care, including measures to facilitate the effective
exercise of this right of establishment and freedom to provide
services (OJ L 176, 15.7.1977, p. 1), as amended by:
- 1 79 H: Act concerning the conditions of accession of the Hellenic
Republic to the European Communities and the adjustments to the
treaties (OJ L 291, 19.11.1979, p. 91)
- 1 85 I: Act concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic to the European Communities (OJ
L 302, 15.11.1985, p. 160)
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L
341, 23.11.1989, p. 19)
- 389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ L
341, 23.11.1989, p. 30)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L
353, 17.12.1990, p. 73)
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
(a) the following text is added to Article 1(2):
"in Switzerland:
infirmiųre, infirmier, Krankenschwester, Krankenpfleger, infermiera,
infermiere"
(b) the following text is added to Article 3:
"(p) in Switzerland:
infirmiųre diplĮmłe en soins głnłraux, infirmier diplĮmł en soins
głnłraux, diplomierte Krankenschwester in allgemeiner Krankenpflege,
diplomierter Krankenpfleger in allgemeine Krankenpflege, infermiera
diplomata in cure generali, infermiere diplomato in cure generali,
awarded by the Confłrence des directeurs cantonaux des affaires
sanitaires."
8. 377 L 0453: Council Directive 77/453/EEC of 27 June 1977
concerning the coordination of provisions laid down by law,
regulation or administrative action in respect of the activities of
nurses responsible for general care (OJ L 176, 15.7.1977, p. 8), as
amended by:
- 389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ L
341, 23.11.1989, p. 30).
Practitioners of dentistry
9. 378 L 0686: Council Directive 78/686/EEC of 25 July 1978
concerning the mutual recognition of diplomas, certificates and
other evidence of the formal qualifications of practitioners of
dentistry, including measures to facilitate the effective exercise
of the right of establishment and freedom to provide services (OJ L
233, 24.8.1978, p. 1), as amended by:
- 1 79 H: Act concerning the conditions of accession of the Hellenic
Republic to the European Communities and the adjustments to the
treaties (OJ L 291, 19.11.1979, p. 91)
- 1 85 I: Act concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic to the European Communities (OJ
L 302, 15.11.1985, p. 160)
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L
341, 23.11.1989, p. 19)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L
353, 17.12.1990, p. 73)
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
(a) The following text is added to Article 1:
"in Switzerland:
młdecin dentiste, Zahnarzt, medico-dentista; "
(b) The following text is added to Article 3:
"(p) in Switzerland:
titulaire du diplĮme fłdłral de młdecin-dentiste, eidgenŠssisch
diplomierter Zahnarzt, titolare di diploma federale di
medico-dentista, awarded by the Dłpartement fłdłral de l'intłrieur"
(c) The following indent is added to Article 5 point 1:
1. Orthodontics
"in Switzerland:
diplĮme fłdłral d'orthodontiste, Diplom als Kieferorthopōde, diploma
di ortodontista, awarded by the Dłpartement fłdłral de l'intłrieur."
10. 378 L 0687: Council Directive 78/687/EEC of 25 July 1978
concerning the coordination of provisions laid down by law,
regulation or administrative action in respect of the activities of
dental practitioners (OJ L 233, 24.8.1978, p. 10), as amended by:
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
Veterinary surgeons
11. 378 L 1026: Council Directive 78/1026/EEC of 18 December 1978
concerning the mutual recognition of diplomas, certificates and
other evidence of formal qualifications in veterinary medicine,
including measures to facilitate the effective exercise of the right
of establishment and freedom to provide services (OJ L 362,
23.12.1978, p. 1), as amended by:
- 1 79 H: Act concerning the conditions of accession of the Hellenic
Republic to the European Communities and the adjustments to the
treaties (OJ L 291, 19.11.1979, p. 91)
- 1 85 I: Act concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic to the European Communities (OJ
L 302, 15.11.1985, p. 160)
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L
341, 23.11.1989, p. 19)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L
353, 17.12.1990, p. 73)
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
The following text is added to Article 3:
"(p) in Switzerland:
titulaire du diplĮme fłdłral de vłtłrinaire, eidgenŠssisch
diplomierter Tierarzt, titolare di diploma federale di veterinario,
awarded by the Dłpartement fłdłral de l'intłrieur."
12. 378 L 1027: Council Directive 78/1027/EEC of 18 December 1978
concerning the coordination of provisions laid down by law,
regulation or administrative action in respect of the activities of
veterinary surgeons (OJ L 362, 23.12.1978, p. 7), as amended by:
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L
341, 23.11.1989, p. 19)
Midwives
13. 380 L 0154: Council Directive 80/154/EEC of 21 January 1980
concerning the mutual recognition of diplomas, certificates and
other evidence of formal qualifications in midwifery and including
measures to facilitate the effective exercise of the right of
establishment and freedom to provide services (OJ L 33, 11.2.1980,
p. 1), as amended by:
- 380 L 1273: Council Directive 80/1273/EEC of 22 December 1980 (OJ
L 375, 31.12.1980, p. 74)
- 1 85 I: Act concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic to the European Communities (OJ
L 302, 15.11.1985, p. 160)
- 89 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L
341, 23.11.1989, p. 19)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L
353, 17.12.1990, p. 73)
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
(a) The following text is added to Article 1:
"in Switzerland:
sage-femme, Hebamme, levatrice; "
(b) The following text is added to Article 3:
"(p) in Switzerland:
sage-femme diplĮmłe, diplomierte Hebamm, levatrice diplomata,
diplomas awarded by the Confłrence des directeurs cantonaux des
affaires sanitaires"
14. 380 L 0155: Council Directive 80/155/EEC of 21 January 1980
concerning the coordination of provisions laid down by law,
regulation or administrative action relating to the taking up and
pursuit of the activities of midwives (OJ L 33, 11.2.1980, p. 8), as
amended by:
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L
341, 23.11.1989, p. 19)
Pharmacy
15. 385 L 0432: Council Directive 85/432/EEC of 16 September 1985
concerning the coordination of provisions laid down by law,
regulation or administrative action in respect of certain activities
in the field of pharmacy (OJ L 253, 24.9.1985, p. 34).
16. 385 L 0433: Council Directive 85/433/EEC of 16 September 1985
concerning the mutual recognition of diplomas, certificates and
other evidence of formal qualifications in pharmacy, including
measures to facilitate the effective exercise of the right of
establishment relating to certain activities in the field of
pharmacy (OJ L 253, 24.9.1985, p. 37), as amended by:
- 385 L 0584: Council Directive 85/584/EEC of 20 December 1985 (OJ L
372, 31.12.1985, p. 42)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L
353, 17.12.1990, p. 73)
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
(a) The following text is added to Article 4:
"(p) in Switzerland:
titulaire du diplĮme fłdłral de pharmacien, eidgenŠssisch
diplomierter Apotheker, titolare di diploma federale di farmacista,
awarded by the Dłpartement fłdłral de l'intłrieur."
D. Architecture
17. 385 L 0384: Council Directive 85/384/EEC of 10 June 1985 on the
mutual recognition of diplomas, certificates and other evidence of
formal qualifications in architecture, including measures to
facilitate the effective exercise of the right of establishment and
freedom to provide services (OJ L 223, 21.8.1985, p. 15), as amended
by:
- 385 L 0614: Council Directive 85/614/EEC of 20 December 1985 (OJ L
376, 31.12.1985, p. 1)
- 386 L 0017: Council Directive 86/17/EEC of 27 January 1986 (OJ L
27, 1.2.1986, p. 71)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990 (OJ L
353, 17.12.1990, p. 73)
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
(a) The following text is added to Article 11:
"in Switzerland:
- the diplomas awarded by the Ecoles polytechniques
fłdłrales/EidgenŠssische Technische Hochschulen/Politecnici Federal:
arch.dipl.EPF/dipl.Arch.ETH/arch.dipl.PF
- the diplomas awarded by the Ecole d'architecture de l'Universitł
de Genųve: architecte diplĮmł EAUG,
the certificates of the Fondation des registres suisses des
ingłnieurs, des architectes et des techniciens/Stiftung der
Schweizerischen Register der Ingenieure, der Architekten und der
Techniker/Fondazione dei Registri svizzeri degli ingegneri, degli
architetti e dei tecnici (REG): architecte REG A/Architekt REG
A/architetto REG A"
(b) Article 15 does not apply.
18. 98/C/217: Diplomas, certificates and other evidence of formal
qualifications in Architecture which are the object of mutual
recognition by the Member States (update of communication 96/C 205
of 16.7.1996) (OJ C 217, 11.7.1998).
E. Commerce and intermediaries
Wholesale trade
19. 364 L 0222: Council Directive 64/222/EEC of 25 February 1964
laying down detailed provisions concerning transitional measures in
respect of activities in wholesale trade and activities of
intermediaries in commerce, industry and small craft industries (OJ
56, 4.4.1964, p. 857/64).
20. 364 L 0223: Council Directive 64/223/EEC of 25 February 1964
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities in wholesale trade (OJ 56,
4.4.1964, p. 863/64).
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 84).
Intermediaries in commerce, industry and small craft industries
21. 364 L 0224: Council Directive 64/224/EEC of 25 February 1964
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of intermediaries in
commerce, industry and small craft industries (OJ 56, 4.4.1964, p.
869/64), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 85)
- 1 79 H: Act concerning the conditions of accession of the Hellenic
Republic to the European Communities and the adjustments to the
treaties (OJ L 291, 19.11.1979, p. 89)
- 1 85 I: Act concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic to the European Communities (OJ
L 302, 15.11.1985, p. 155)
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
(a) The following text is added to Article 3:
">TABLE POSITION>"
Self-employed persons in retail trade
22. 368 L 0363: Council Directive 68/363/EEC of 15 October 1968
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed persons
in retail trade (ISIC ex Group 612) (OJ L 260, 22.10.1968, p. 1), as
amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 86).
23. 368 L 0364: Council Directive 68/364/EEC of 15 October 1968
laying down detailed provisions concerning transitional measures in
respect of activities of self-employed persons in retail trade (ISIC
ex Group 612) (OJ L 260 of 22.10.1968, p. 6).
Self-employed persons in the wholesale coal trade and intermediaries
in the coal trade
24. 370 L 0522: Council Directive 70/522/EEC of 30 November 1970
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed persons
in the wholesale coal trade and activities of intermediaries in the
coal trade (ISIC ex Group 6112) (OJ L 267 of 10.12.1970, p. 14), as
amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 86).
25. 370 L 0523: Council Directive 70/523/EEC of 30 November 1970
laying down detailed provisions concerning transitional measures in
respect of activities of self-employed persons in the wholesale coal
trade and in respect of activities of intermediaries in the coal
trade (ISIC ex Group 6112) (OJ L 267, 10.12.1970, p. 18).
Trade in and distribution of toxic products
26. 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).
26a. 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:
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
The following text is added to the Annex:
"in Switzerland:
- All the products and toxic substances set out in Article 2 of the
poisons act (RS 814.80), and in particular those on the list of
toxic substances and products in classes 1, 2 and 3, in accordance
with Article 3 of the Regulation on toxic substances (RS 814.801)."
Itinerant activities
27. 375 L 0369: Council Directive 75/369/EEC of 16 June 1975 on
measures to facilitate the effective exercise of freedom of
establishment and freedom to provide services in respect of
itinerant activities and, in particular, transitional measures in
respect of those activities (OJ L 167, 30.6.1975, p. 29).
Self-employed commercial agents
28. 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).
F. Industry and small craft industries
Processing industries
29. 364 L 0427: Council Directive 64/427/EEC of 7 July 1964 laying
down detailed provisions concerning transitional measures in respect
of activities of self-employed persons in manufacturing and
processing industries falling within ISIC Major Groups 23-40
(Industry and small craft industries) (OJ 117, 23.7.1964, p.
1863/64), as amended by:
- 369 L 0077: Council Directive 69/77/EEC of 4 March 1969 (OJ L 59,
30. 364 L 0429: Council Directive 64/429/EEC of 7 July 1964
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of self- employed persons
in manufacturing and processing industries falling within ISIC Major
Groups 23-40 (Industry and small craft industries) (OJ 117,
23.7.1964, p. 1880/64), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 83).
Mining and quarrying
31. 364 L 0428: Council Directive 64/428/EEC of 7 July 1964
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed persons
in mining and quarrying (ISIC Major Groups 11-19) (OJ 117,
23.7.1964, p. 1871/64), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 81).
Electricity, gas, water and sanitary services
32. 366 L 0162: Council Directive 66/162/EEC of 28 February 1966
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed persons
engaging in the provision of electricity, gas, water and sanitary
services (ISIC Division 5) (OJ 42, 8.3.1966, p. 584/66), as amended
by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 82).
Food manufacturing and beverage industries
33. 368 L 0365: Council Directive 68/365/EEC of 15 October 1968
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed persons
in the food manufacturing and beverage industries (ISIC Major Groups
20 and 21) (OJ L 260, 22.10.1968, p. 9), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 85).
34. 368 L 0366: Council Directive 68/366/EEC of 15 October 1968
laying down detailed provisions concerning transitional measures in
respect of activities of self-employed persons in the food
manufacturing and beverage industries (ISIC Major Groups 20 and 21)
(OJ L 260, 22.10.1968, p. 12).
For the purposes of the present agreement, the Directive is amended
as follows:
"Article 6(3) does not apply."
Exploration (prospecting and drilling) for petroleum and natural gas
35. 369 L 0082: Council Directive 69/82/EEC of 13 March 1969
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed persons
engaging in exploration (prospecting and drilling) for petroleum and
natural gas (ISIC ex Major Group 13) (OJ L 68, 19.3.1969, p. 4), as
amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 82).
G. Activities incidental to transport
36. 382 L 0470: Council Directive 82/470/EEC of 29 June 1982 on
measures to facilitate the effective exercise of freedom of
establishment and freedom to provide services in respect of
activities of self-employed persons in certain services incidental
to transport and travel agencies (ISIC Group 718) and in storage and
warehousing (ISIC Group 720) (OJ L 213, 21.7.1982, p. 1), as amended
by:
- 1 85 I: Act concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic to the European Communities (OJ
L 302, 15.11.1985, p. 156)
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
(a) The following text is added to Article 3:
"Switzerland
A. Expłditeur
Spediteur
Spedizioniere
Dłclarant de douane
Zolldeklarant
Dichiarante di dogana
B. Agent de voyage
ReisebŽrounternehmer
Agente di viaggio
C. Entrepositaire
Lagerhalter
Agente di deposito
D. Expert en automobiles
Automobilexperte
Perito in automobili
Vłrificateur des poids et mesures
Eichmeister
Verificatore dei pesi e delle misure"
H. Film industry
37. 363 L 0607: Council Directive 63/607/EEC of 15 October 1963
implementing in respect of the film industry the provisions of the
General Programme for the abolition of restrictions on freedom to
provide services (OJ 159, 2.11.1963).
38. 365 L 0264: Second Council Directive 65/264/EEC of 13 May 1965
implementing in respect of the film industry the provisions of the
General Programmes for the abolition of restrictions on freedom of
establishment and freedom to provide services (OJ 85, 19.5.1965, p.
1437/65), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 14).
39. 368 L 0369: Council Directive 68/369/EEC of 15 October 1968
concerning the attainment of freedom of establishment in respect of
activities of self-employed persons in film distribution (OJ L 260,
40. 370 L 0451: Council Directive 70/451/EEC of 29 September 1970
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed persons
in film production (OJ L 218, 3.10.1970, p. 37), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 88).
I. Other sectors
Business services in the real estate and other sectors
41. 367 L 0043: Council Directive 67/43/EEC of 12 January 1967
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed persons
concerned with:
2) the provision of certain "business services not elsewhere
classified" (ISIC Group 839) (OJ 10 of 19.1.1967), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 82)
- 1 79 H: Act concerning the conditions of accession of the Hellenic
Republic to the European Communities and the adjustments to the
treaties (OJ L 291, 19.11.1979, p. 89)
- 1 85 I: Act concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic to the European Communities (OJ
L 302, 15.11.1985, p. 156),
- 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the
accession of new Member States to the European Union.
For the purposes of the present agreement, the Directive is amended
as follows:
(a) The following text is added to Article 2(3):
"In Switzerland:
- courtier en immeubles
Liegenschaftenmakler
agente immobiliare
- gestionnaire en immeubles
Hausverwalter
amministratore di stabili
- rłgisseur et courtier en immeubles
Immobilien-Treuhōnder
fiduciario immobiliare"
Personal services sector
42. 368 L 0367: Council Directive 68/367/EEC of 15 October 1968
concerning the attainment of freedom of establishment and freedom to
provide services in respect of activities of self-employed persons
in the personal services sector (ISIC ex Major Group 85):
2) hotels, rooming houses, camps and other lodging places (ISIC
Group 853) (OJ L 260, 29.10.1968, p. 16), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 86).
43. 368 L 0368: Council Directive 68/368/EEC of 15 October 1968
laying down detailed provisions concerning transitional measures in
respect of activities of self-employed persons in the personal
services sector (ISIC ex Major Group 85):
44. 375 L 0368: Council Directive 75/368/EEC of 16 June 1975 on
measures to facilitate the effective exercise of freedom of
establishment and freedom to provide services in respect of various
activities (ISIC ex Division 01 to 85) and, in particular,
transitional measures in respect of those activities (OJ L 167,
45. 382 L 0489: Council Directive 82/489/EEC of 19 July 1982 laying
down measures to facilitate the effective exercise of the right of
establishment and freedom to provide services in hairdressing (OJ L
218, 27.7.1982, p. 24).
J. Agriculture
46. 363 L 0261: Council Directive 63/261/EEC of 2 April 1963 laying
down detailed provisions for the attainment of freedom of
establishment in agriculture in the territory of a Member State in
respect of nationals of other countries of the Community who have
been employed as paid agricultural workers in that Member State for
a continuous period of two years (OJ 62, 20.4.1963, p. 1323/63), as
amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 14).
47. 363 L 0262: Council Directive 63/262/EEC of 2 April 1963 laying
down detailed provisions for the attainment of freedom of
establishment on agricultural holdings abandoned or left
uncultivated for more than two years (OJ 62, 20.4.1963, p. 1326/63),
as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 14).
48. 365 L 0001: Council Directive 65/1/EEC of 14 December 1964
laying down detailed provisions for the attainment of freedom to
provide services in agriculture and horticulture (OJ 1, 8.1.1965, p.
1/65), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 79).
49. 367 L 0530: Council Directive 67/530/EEC of 25 July 1967
concerning the freedom of nationals of a Member State established as
farmers in another Member State to transfer from one holding to
another (OJ 190, 10.8.1967, p. 1), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 79).
50. 367 L 0531: Council Directive 67/531/EEC of 25 July 1967
concerning the application of the laws of Member States relating to
agricultural leases to farmers who are nationals of other Member
States (OJ 190, 10.8.1967, p. 3), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 80).
51. 367 L 0532: Council Directive 67/532/EEC of 25 July 1967
concerning freedom of access to co-operatives for farmers who are
nationals of one Member State and established in another Member
State (OJ 190, 10.8.1967, p. 5), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 80).
52. 367 L 0654: Council Directive 67/654/EEC of 24 October 1967
laying down detailed provisions for the attainment of freedom of
establishment and freedom to provide services in respect of
activities of self-employed persons in forestry and logging (OJ 263,
53. 368 L 0192: Council Directive 68/192/EEC of 5 April 1968
concerning freedom of access to the various forms of credit for
farmers who are nationals of one Member State and established in
another Member State (OJ L 93, 17.4.1968, p. 13), as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 80).
54. 368 L 0415: Council Directive 68/415/EEC of 20 December 1968
concerning freedom of access to the various forms of aid for farmers
who are nationals of one Member State and established in another
Member State (OJ L 308, 23.12.1968, p. 17).
55. 371 L 0018: Council Directive 71/18/EEC of 16 December 1970
laying down detailed provisions for the attainment of freedom of
establishment in respect of self-employed persons providing
agricultural and horticultural services (OJ L 8, 11.1.1971, p. 24),
as amended by:
- 172 B: Act concerning the conditions of accession and the
adjustments to the treaties - accession to the European Communities
of the Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 80).
K. Miscellaneous
56. 385 D 0368: Council Decision 85/368/EEC of 16 July 1985 on the
comparability of vocational training qualifications between the
Member States of the European Community (OJ L 199, 31.7.1985, p.
57. C/81/74/p.1: Communication from the Commission concerning the
proofs, declarations and certificates relating to good repute,
absence of previous bankruptcy, nature and duration of activity in
country of provenance, provided for in Council Directives adopted
before 1 June 1973 in the field of freedom of establishment and
freedom to provide services (OJ C 81, 13.7.1974, p. 1).
58. 374 Y 0820(01): Council Resolution of 6 June 1974 on the mutual
recognition of diplomas, certificates and other evidence of formal
qualifications (OJ C 98, 20.8.1974, p. 1).
General system
59. 389 L 0048: Declaration of the Council and the Commission on
Council Directive 89/48/EEC of 21 December 1988 on a general system
for the recognition of higher-education diplomas awarded on
completion of professional education and training of at least three
years' duration (OJ L 19, 24.1.1989, p. 23).
Doctors
60. 375 X 0366: Council Recommendation 75/366/EEC of 16 June 1975
concerning nationals of the Grand Duchy of Luxembourg who hold a
diploma in medicine conferred in a third country (OJ L 167,
61. 375 X 0367: Council Recommendation 75/367/EEC of 16 June 1975 on
the clinical training of doctors (OJ L 167, 30.6.1975, p. 21).
62. 375 Y 0701(01): Council statements made on adopting the texts
concerning freedom of establishment and freedom to provide services
for doctors within the Community (OJ C 146, 1.7.1975, p. 1).
63. 386 X 0458: Council Recommendation 86/458/EEC of 15 September
1986 concerning nationals of the Grand Duchy of Luxembourg who hold
a diploma in medicine conferred by a third State (OJ L 167,
64. 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).
Dental surgeons
65. 378 Y 0824(01): Council Statement on the Directive concerning
the coordination of provisions laid down by law, regulation or
administrative action in respect of the activities of dental
surgeons (OJ C 202, 24.8.1978, p. 1).
Veterinary medicine
66. 378 X 1029: Council Recommendation 78/1029/EEC of 18 December
1978 concerning nationals of the Grand Duchy of Luxembourg who hold
a diploma in veterinary medicine conferred in a third country (OJ L
362, 23.12.1978, p. 12).
67. 378 Y 1223(01): Council statements on the Directive concerning
the mutual recognition of diplomas, certificates and other evidence
of formal qualifications in veterinary medicine, including measures
to facilitate the effective exercise of the right of establishment
and freedom to provide services (OJ C 308, 23.12.1978, p. 1).
Pharmacy
68. 385 X 0435: Council Recommendation 85/435/EEC of 16 September
1985 concerning nationals of the Grand Duchy of Luxembourg who hold
a diploma in pharmacy conferred in a third State (OJ L 253,
69. 385 X 0386: Council Recommendation 85/386/EEC of 10 June 1985
concerning holders of a diploma in architecture awarded in a third
country (OJ L 223, 21.8.1985, p. 28).
Wholesale trade
70. 365 X 0077: Commission Recommendation 65/77/EEC of 12 January
1965 to Member States relating to certificates concerning the
pursuit of professional activities in the country of origin,
provided for in Article 4 paragraph 2 of Council Directive
64/222/EEC (OJ 24, 11.2.1965, p. 413/65).
Industy and small craft industries
71. 365 X 0076: Commission Recommendation 65/76/EEC of 12 January
1965 to Member States on certificates concerning the pursuit of a
profession in the country of origin, provided for in Article 4,
paragraph 2 of Council Directive 64/427/EEC (OJ 24, 11.2.1965, p.
410/65).
72. 369 X 0174: Commission Recommandation 69/174/CEE of 22 May 1969
to Member States on certificates concerning the exercise of a
profession in the country of origin, provided for in Article 5,
paragraph 2 of Council Directive 68/366/EEC (OJ L 146 of 18.6.1969,
p. 4).
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:
- Joint declaration on the general liberalisation of service
provision
- Joint declaration on retirement pensions of former employees of
institutions of the European Communities resident in Switzerland
- Joint declaration on the application of the agreement
- Joint declaration on further negotiations.
They also took note of the following declarations annexed to this
Final Act:
- Declaration by Switzerland on renewal of the Agreement
- Declaration by Switzerland on migration and asylum policy
- Declaration by Switzerland on the recognition of architects'
diplomas
- Declaration by the European Community and its Member States on
Articles 1 and 17 of Annex I
- Declaration on Swiss attendance of committees.
Hecho en Luxemburgo, el ventiuno de junio de mil novecientos noventa
y nueve.
Udfördiget i Luxembourg den enogtyvende juni nitten hundrede og
nioghalvfems.
Geschehen zu Luxemburg am einundzwanzigsten Juni
neunzehnhundertneunundneunzig.
>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ õčś˙ėł üčń É˙įżč˙į ščūłń
õżżłńśŽėłń õżõżČżĮń õżżąń.
>ISO_1>Done at Luxembourg on the twenty-first day of June in the
year one thousand nine hundred and ninety-nine.
Fait š Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt
dix-neuf.
Fatto a Lussemburgo, addü 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 kahdentenakymmenentenōensimmōisenō pōivōnō
kesōkuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōyhdeksōn.
Som skedde i Luxemburg den tjugofŠrsta juni nittonhundranittionio.
Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das
KŠnigreich Belgien
>PIC FILE= "L_2002114EN.006501.TIF">
Cette signature engage łgalement la Communautł fran÷aise, la
Communautł flamande, la Communautł germanophone, la Rłgion wallonne,
la Rłgion flamande et la Rłgion 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 Flōmische Gemeinschaft, die FranzŠsische
Gemeinschaft, die Wallonische Region, die Flōmische Region und die
Region BrŽssel-Hauptstadt.
Põ Kongeriget Danmarks vegne
>PIC FILE= "L_2002114EN.006502.TIF">
FŽr die Bundesrepublik Deutschland
>PIC FILE= "L_2002114EN.006601.TIF">
>ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń
>ISO_1>> PIC FILE= "L_2002114EN.006602.TIF">
Por el Reino de Espaęa
>PIC FILE= "L_2002114EN.006603.TIF">
Pour la Rłpublique fran÷aise
>PIC FILE= "L_2002114EN.006604.TIF">
Thar cheann Na hÉireann
For Ireland
>PIC FILE= "L_2002114EN.006605.TIF">
Per la Repubblica italiana
>PIC FILE= "L_2002114EN.006701.TIF">
Pour le Grand-Duchł de Luxembourg
>PIC FILE= "L_2002114EN.006702.TIF">
Voor het Koninkrijk der Nederlanden
>PIC FILE= "L_2002114EN.006703.TIF">
FŽr die Republik Österreich
>PIC FILE= "L_2002114EN.006704.TIF">
Pela RepŪblica Portuguesa
>PIC FILE= "L_2002114EN.006705.TIF">
Suomen tasavallan puolesta
FŠr Republiken Finland
>PIC FILE= "L_2002114EN.006801.TIF">
FŠr Konungariket Sverige
>PIC FILE= "L_2002114EN.006802.TIF">
For the United Kingdom of Great Britain and Northern Ireland
>PIC FILE= "L_2002114EN.006803.TIF">
Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die
Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ
Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł
europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela
Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska
gemenskapens vōgnar
>PIC FILE= "L_2002114EN.006804.TIF">
>PIC FILE= "L_2002114EN.006805.TIF">
FŽr der schweizerischen Eidgenossenschaft
Pour la Confłdłration suisse
Per la Confederazione svizzera
>PIC FILE= "L_2002114EN.006901.TIF">
>PIC FILE= "L_2002114EN.006902.TIF">
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 as regards 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:
- Committees of research programmes, including the Scientific and
Technical Research Committee (CREST)
- Administrative Commission on Social Security for Migrant Workers
- Coordinating Group on the mutual recognition of higher-education
diplomas
- Advisory committees on air routes and the application of
competition rules in the field of air transport.
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.
Information relating to the entry into force of the seven Agreements
with the Swiss Confederation in the sectors free movement of
persons, air and land transport, public procurement, scientific and
technological cooperation, mutual recognition in relation to
conformity assessment, and trade in agricultural products
The final notification of completion of the procedures necessary for
the entry into force of the seven Agreements in the sectors free
movement of persons, air and land transport, public procurement,
scientific and technological cooperation, mutual recognition in
relation to conformity assessment, and trade in agricultural
products between the European Community and its Member States, on
the one hand, and the Swiss Confederation on the other hand, signed
in Luxembourg on 21 June 1999, having taken place on 17 April 2002,
these agreements will enter into force, simultaneously, on 1 June