PURPOSE: to conclude a Protocol, on behalf of the European Community and Switzerland on the free movement of persons, in order to take account of the accession of Bulgaria and Romania to the EU.

LEGISLATIVE ACT: Council Decision 2009/392/EC on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the 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 regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union

CONTENT: the 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 entered into force on 1 June 2002 (see AVC/1999/0103 ). Following the accession of Bulgaria and Romania to the EU, this Agreement has been amended to allow the two countries to become contracting parties. Negotiations with Switzerland were concluded on 29 January 2008, and a draft Protocol was initialled on 29 February 2008.

The Protocol amending the Agreement provides special transition periods for employed workers, and service providers in certain sectors, who are nationals of Bulgaria and Romania. These transition periods will end at the latest 10 years after the entry into force of the Protocol.

The Protocol furthermore introduces adaptations concerning real estate acquisitions, as well as technical adaptations, in particular with respect to Annex II (Coordination of Social Security Schemes). The necessary adaptations to Annex III on the mutual recognition of professional qualifications shall be adopted by the Joint Committee of the Agreement.

The Protocol also stipulates, in the form of a declaration from Switzerland, that Switzerland will provide provisional access to its labour market for citizens of the new Member States, based on its national legislation, before the entry into force of the transitional arrangements contained in this Protocol. For this purpose, Switzerland will open specific quotas for short-term as well as long-term working permits in favour of citizens from the new Member States, as of the date of signature of this Protocol. The quotas will be 282 long-term permits and 1 006 short-term permits per year. In addition, 2 011 short-term workers per year will be admitted for a stay of less than 4 months.

ENTRY INTO FORCE: the Protocol shall enter into force when all of the necessary procedures have been completed.

The European Parliament adopted, by 542 votes to 12 with 32 abstentions, a resolution giving its assent to the conclusion, on behalf of the European Community and its Member States, of a Protocol to the 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, regarding the participation, as contracting parties, of the Republic of Bulgaria and Romania pursuant to their accession to the European Union. The report had been tabled for consideration by Marian-Jean MARINESCU (EPP-ED, RO) on behalf of the Committee on Civil Liberties, Justice and Home Affairs.

The Committee on Civil Liberties, Justice and Home Affairs adopted a report drafted by Marian-Jean MARINESCU (EPP-ED, RO) and gave its assent to the conclusion, on behalf of the European Community and its Member States, of a Protocol to the 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, regarding the participation, as contracting parties, of the Republic of Bulgaria and Romania pursuant to their accession to the European Union.

This proposal constitutes the final act of the draft Council Decision on the signature, on behalf of the Community and its Member States, of a Protocol to an Agreement between the Community and the Swiss Confederation on the free movement of persons that takes account of Bulgarian and Romanian accession to the EU.

The general content of the Agreement has not been amended and remains in conformity with the Commission’s initial proposal (please refer to the summary of the former initial proposal dated 22/04/2008).

However, it should be noted that an amendment has been proposed which stipulates that the Agreement requires the assent of the European Parliament.

This proposal constitutes the final act of the draft Council Decision on the signature, on behalf of the Community and its Member States, of a Protocol to an Agreement between the Community and the Swiss Confederation on the free movement of persons that takes account of Bulgarian and Romanian accession to the EU.

The general content of the Agreement has not been amended and remains in conformity with the Commission’s initial proposal (please refer to the summary of the former initial proposal dated 22/04/2008).

However, it should be noted that an amendment has been proposed which stipulates that the Agreement requires the assent of the European Parliament.

This proposal constitutes the final act of the draft Council Decision on the signature, on behalf of the Community and its Member States, of a Protocol to an Agreement between the Community and the Swiss Confederation on the free movement of persons that takes account of Bulgarian and Romanian accession to the EU.

To recall, on 5 May 2006, the Council authorised the Commission to open negotiations with the Swiss Confederation for a Protocol to the Agreement on the free movement of persons. This was to take account of Bulgarian and Romanian participation on the Agreement pursuant to their accession to the EU. The main provisions agreed, in brief, relate to Bulgarian and Romanian employed and self-employed workers who reside and work in Switzerland; the acquisition of land for secondary residences by Swiss nationals non-resident in Bulgaria and Romania; restrictions on the acquisition of agricultural land, forest and forestry land by Swiss nationals in Bulgaria and Romania; and provisions on social security.

The general content of the Agreement has not been amended and remains in conformity with the Commission’s initial proposal (please refer to the summary of the former initial proposal dated 22/04/2008).

PURPOSE: to conclude a Protocol, on behalf of the European Community and its Member States and Switzerland on the free movement of persons, regarding the participation, as contracting parties, of Bulgaria and Romania, pursuant to their accession to the European Union.

PROPOSED ACT: Council Decision.

CONTENT: the 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 entered into force on 1 June 2002 (see AVC/1999/0103 ).

Following the accession of Bulgaria and Romania to the European Union, this Agreement has been amended to allow the two countries to become contracting parties. Negotiations with Switzerland were concluded on 29 January 2008, and a draft Protocol was initialled on 29 February 2008.

The draft Protocol amending the Agreement foresees special transition periods for employed workers, and service providers in certain sectors, who are nationals of the Republic of Bulgaria and Romania. These transition periods will end at the latest 10 years after the entry into force of the Protocol.

The draft Protocol furthermore introduces adaptations concerning real estate acquisitions, as well as technical adaptations, in particular with respect to Annex II (Coordination of Social Security Schemes). The necessary adaptations to Annex III on the mutual recognition of professional qualifications shall be adopted by the Joint Committee of the Agreement.

The Protocol also stipulates, in the form of a declaration from Switzerland, that Switzerland will provide provisional access to its labour market for citizens of the new Member States, based on its national legislation, before the entry into force of the transitional arrangements contained in this Protocol. For this purpose, Switzerland will open specific quotas for short-term as well as long-term working permits in favour of citizens from the new Member States, as of the date of signature of this Protocol. The quotas will be 282 long-term permits and 1 006 short-term permits per year. In addition, 2 011 short-term workers per year will be admitted for a stay of less than 4 months.

PURPOSE: to conclude a Protocol, on behalf of the European Community and its Member States and Switzerland on the free movement of persons, regarding the participation, as contracting parties, of Bulgaria and Romania, pursuant to their accession to the European Union.

PROPOSED ACT: Council Decision.

CONTENT: the 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 entered into force on 1 June 2002 (see AVC/1999/0103 ).

Following the accession of Bulgaria and Romania to the European Union, this Agreement has been amended to allow the two countries to become contracting parties. Negotiations with Switzerland were concluded on 29 January 2008, and a draft Protocol was initialled on 29 February 2008.

The draft Protocol amending the Agreement foresees special transition periods for employed workers, and service providers in certain sectors, who are nationals of the Republic of Bulgaria and Romania. These transition periods will end at the latest 10 years after the entry into force of the Protocol.

The draft Protocol furthermore introduces adaptations concerning real estate acquisitions, as well as technical adaptations, in particular with respect to Annex II (Coordination of Social Security Schemes). The necessary adaptations to Annex III on the mutual recognition of professional qualifications shall be adopted by the Joint Committee of the Agreement.

The Protocol also stipulates, in the form of a declaration from Switzerland, that Switzerland will provide provisional access to its labour market for citizens of the new Member States, based on its national legislation, before the entry into force of the transitional arrangements contained in this Protocol. For this purpose, Switzerland will open specific quotas for short-term as well as long-term working permits in favour of citizens from the new Member States, as of the date of signature of this Protocol. The quotas will be 282 long-term permits and 1 006 short-term permits per year. In addition, 2 011 short-term workers per year will be admitted for a stay of less than 4 months.