BETA


2013/0321(NLE) EC/Switzerland Agreement: free movement of persons; accession of Croatia to the EU. Protocol

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead EMPL JAZŁOWIECKA Danuta (icon: PPE PPE) BRESSO Mercedes (icon: S&D S&D), ŽITŇANSKÁ Jana (icon: ECR ECR), HARKIN Marian (icon: ALDE ALDE), ŽDANOKA Tatjana (icon: Verts/ALE Verts/ALE), AGEA Laura (icon: EFDD EFDD)
Former Responsible Committee EMPL
Committee Opinion AGRI
Committee Opinion LIBE
Former Committee Opinion LIBE
Former Committee Opinion AGRI
Lead committee dossier:
Legal Basis:
TFEU 217, TFEU 218-p6a

Events

2017/02/04
   Final act published in Official Journal
Details

PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other part, on the free movement of persons, to take account of the accession of Croatia to the European Union.

NON-LEGISLATIVE ACT: Council Decision (EU) 2017/192 on the conclusion 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 of the Republic of Croatia as a Contracting Party, following its accession to the European Union

BACKGROUND: The Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other part, on the free movement of persons was signed on 21 June 1999 and entered into force on 1 June 2002.

The agreement has been adapted for the first time in order to take account of the participation, as contracting parties, in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, following their accession to the European Union (entry into force in 2006) and then a second time to take account of the accession of Bulgaria and Romania (entry into force in 2009).

It is now appropriate to adapt the 2002 Agreement to the accession of Croatia to the European Union on 1 July 2013.

CONTENT: With this Decision, the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other part, on the free movement of persons, concerning the participation of Croatia, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States.

Objective: The Protocol seeks to adapt the 2002 Agreement in order to take account of the accession of Croatia to the free movement of persons.

For a period of seven years from the date of entry into force of the Protocol, Switzerland may restrict the access of Croatian citizens to its labour market (quotas, priority to local workers, control of working conditions and wages).

During the last two years of this transitional period, the continuation of these restrictions will be approved by a Joint Switzerland-EU Committee.

Restrictions on the labour market: Restrictions on the access of Croatian nationals to the Swiss labour market for employed and self-employed workers have been provided for in accordance with the quotas set out in the draft protocol.

The Protocol does not provide for any quantitative limitation for stays of under 4 months.

The quantitative limits are set for each year of application of the Protocol over the 7 years of its application. The quotas set for each year are progressive so that Switzerland can gradually open its labour market to Croatian workers year by year .

Control of access to the regular labour market: there are provisions for authorising the Parties to maintain controls on the integration of workers into the parties’ regular labour market and on the working conditions and wages of workers.

Controls could also be applied for service providers operating in the following sectors:

· horticulture

· construction,

· security,

· industrial cleaning.

Examination of the Protocol: before the end of the period of validity of the Protocol, the Joint Committee provided for in the original agreement should examine the operation of the Protocol, on the basis of a report prepared by Switzerland. Taking this into account, Switzerland will have to notify the Joint Committee if it intends to continue to apply quantitative limits to Croatian workers employed in Switzerland for new periods as detailed in the Protocol.

Croatia may also introduce equivalent quantitative limits for Swiss nationals during the same periods.

Safeguard clause: at the end of the 7-year period of application of the Protocol, Switzerland will have the possibility, for a further 3 years , to invoke unilaterally a safeguard clause with regard to Croatian citizens with a view to limiting the number of residence permits granted to enable them to work. Specific conditions are provided for in the Protocol.

Duration of the transitional period: the duration of the transitional regime vis-à-vis Croatia shall cover a period of 10 years in all cases from the entry into force of the Protocol.

ENTRY INTO FORCE: the Decision enters into force on 8.11.2016.

2016/11/08
   EP/CSL - Act adopted by Council after consultation of Parliament
2016/11/08
   EP - End of procedure in Parliament
2016/11/08
   CSL - Council Meeting
2016/09/14
   EP - Results of vote in Parliament
2016/09/14
   EP - Decision by Parliament
Details

The European Parliament adopted by 602 votes to 63, with 29 abstentions, a legislative resolution on the draft Council decision on the conclusion 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 of Croatia as a Contracting Party, following its accession to the European Union.

Parliament gave its consent to the conclusion of the Protocol.

The Protocol provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages).

Further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned.

Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods.

Documents
2016/06/27
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Employment and Social Affairs adopted the report by Danuta JAZŁOWIECKA (EPP, PL) on the draft Council decision on the conclusion 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 of Croatia as a Contracting Party, following its accession to the European Union.

The committee recommended the European Parliament to give its consent to the conclusion of the Protocol.

The Protocol provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages).

Further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned.

Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods. An important final safeguard clause states that at the end of the 7-year period of the Protocol, Switzerland shall have the opportunity for a further three years, to unilaterally activate the safeguard clause against Croatian citizens with a view to limiting the number of residence permits to allow them to work.

The total transition period with safeguard clause – if applicable – is thus of 10 years from the date of entry into force of the Protocol.

The committee recalled that Switzerland benefits comparably to the EU Member States from the internal market and its enlargements. It is beyond doubt that both Croatia and Switzerland will benefit from the signature of the present Protocol, politically, economically and culturally profiting from a larger internal market where the free movement is a crucial element.

Therefore, the committee supports the Protocol to the agreement and recommends it be given a consent.

Documents
2016/06/21
   EP - Vote in committee
2016/05/31
   EP - Amendments tabled in committee
Documents
2016/04/11
   EP - Committee referral announced in Parliament
2014/09/03
   EP - JAZŁOWIECKA Danuta (PPE) appointed as rapporteur in EMPL
2014/02/11
   CSL - Council Meeting
2014/02/10
   CSL - Legislative proposal
Details

PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, regarding the participation of Croatia as a Contracting Party, following its accession to the European Union.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons to take account of the accession of Croatia to the European Union was signed subject to its conclusion at a later date.

The Protocol should now be concluded on behalf of the European Union and its Member States.

CONTENT: the draft Decision seeks the approval by the Council, on behalf of the European Union and its Member States, of the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, regarding Croatia's participation as a Contracting Party following its accession to the European Union.

For details about the content of the Protocol, please refer to the summary of the Commission’s initial legislative proposal of 1.10.2013.

Documents
2014/02/09
   EC - Legislative proposal published
Details

PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, regarding the participation of Croatia as a Contracting Party, following its accession to the European Union.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons to take account of the accession of Croatia to the European Union was signed subject to its conclusion at a later date.

The Protocol should now be concluded on behalf of the European Union and its Member States.

CONTENT: the draft Decision seeks the approval by the Council, on behalf of the European Union and its Member States, of the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, regarding Croatia's participation as a Contracting Party following its accession to the European Union.

For details about the content of the Protocol, please refer to the summary of the Commission’s initial legislative proposal of 1.10.2013.

Documents
2014/01/28
   CSL - Document attached to the procedure
Documents
2013/10/01
   EP - Preparatory document
Details

PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, to take account of the accession of Croatia to the European Union.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons was signed on 21 June 1999 and entered into force on 1 June 2002.

It has since been extended twice, notably to states in eastern Europe: first of all to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (entry into force in 2006) and Bulgaria and Romania (entry into force in 2009). It is now necessary to revise the 2002 Agreement to take account of Croatia’s accession to the EU on 1 July 2013.

On 24 September 2012, the Council authorised the Commission to open negotiations with Switzerland with a view to concluding the relevant protocol. The negotiations were successfully concluded by the initialling of the Protocol.

It is now necessary to approve the Protocol on behalf of the European Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Article 217 in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: with this proposed Decision, the Council is called upon to approve, on behalf of the Union, the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland of the other, on the free movement of persons to take account of the accession of Croatia to the European Union.

Principles : the Protocol seeks to revise the 2002 Agreement in order to take into account the accession of Croatia as regards the free movement of persons. It is provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages).

During the last two years of this transition period, the restrictions must be accepted by a mixed Switzerland-EU committee.

Labour market restrictions : Switzerland may maintain quantitative limits in respect of access by workers employed in Switzerland and for self-employed persons who are nationals of Croatia for the following two categories of residence:

residence for a period of more than four months and less than one year; residence for a period equal to, or exceeding, one year .

N.B.: the draft Protocol does not provide any restrictions on residence of less than four months.

The quantitative limits are set for each year of the Protocol’s seven year implementation . The quotas for each year are progressive so that Switzerland may open gradually, year by year, its labour market to Croatian workers .

Regular labour market and controls : further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned. The same controls may be maintained for persons providing services in the following sectors:

horticulture; construction, including related branches; security activities; industrial cleaning.

Review of the Protocol : before the end of the transitional period, the Joint Committee shall review the functioning of the transitional period applied to nationals of Croatia on the basis of a report from Switzerland. Upon completion of the review, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures for five years after the entry into force of the aforementioned Protocol.

Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods.

Safeguard clause : at the end of the 7-year period of the Protocol, Switzerland shall have the opportunity for a further three years , to unilaterally activate the safeguard clause against Croatian citizens with a view to limiting the number of residence permits to allow them to work. Specific provisions are laid down to this effect.

Duration of the transitional period : the total transition period with safeguard clause – if applicable – is 10 years from the date of entry into force of the Protocol.

BUDGETARY IMPLICATIONS: the proposal has no impact on the EU budget.

Documents

Activities

Votes

A8-0216/2016 - Danuta Jazłowiecka - Approbation #

2016/09/14 Outcome: +: 602, -: 63, 0: 29
DE IT ES PL RO FR PT CZ NL BE BG HU SE AT SK FI EL DK IE LT GB LV SI HR LU EE MT CY
Total
86
69
50
49
31
67
21
21
24
20
17
16
19
15
13
12
20
11
10
8
68
8
8
7
6
6
6
5
icon: PPE PPE
200

Finland PPE

2

Denmark PPE

For (1)

1

Croatia PPE

2

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
179

Netherlands S&D

3

Denmark S&D

2

Ireland S&D

For (1)

1

Latvia S&D

1

Slovenia S&D

For (1)

1

Croatia S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

3

Cyprus S&D

2
icon: ALDE ALDE
63

Romania ALDE

3

Austria ALDE

For (1)

1

Denmark ALDE

2

Ireland ALDE

For (1)

1
2

United Kingdom ALDE

1

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Croatia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: GUE/NGL GUE/NGL
48

Netherlands GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
45

Netherlands Verts/ALE

1

Belgium Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: ECR ECR
67

Italy ECR

1

Romania ECR

For (1)

1

Czechia ECR

2

Netherlands ECR

2

Bulgaria ECR

2
2

Greece ECR

Abstain (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1

Croatia ECR

For (1)

1
icon: EFDD EFDD
42

Germany EFDD

Abstain (1)

1

Poland EFDD

1

France EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2
icon: NI NI
13

Germany NI

2

Poland NI

Abstain (1)

1

France NI

3

Hungary NI

2

United Kingdom NI

Abstain (1)

1
icon: ENF ENF
36

Germany ENF

Against (1)

1

Poland ENF

Abstain (1)

1

Romania ENF

Abstain (1)

1

Netherlands ENF

3

Belgium ENF

Against (1)

1

Austria ENF

Against (1)

3

United Kingdom ENF

Against (1)

1
AmendmentsDossier
1 2013/0321(NLE)
2016/05/31 EMPL 1 amendments...
source: 584.029

History

(these mark the time of scraping, not the official date of the change)

docs/1
date
2014-02-10T00:00:00
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14381%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 14381/2013
summary
type
Legislative proposal
body
CSL
events/1/date
Old
2014-02-10T00:00:00
New
2014-02-09T00:00:00
links/National parliaments/url
Old
http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=NLE&year=2013&number=0321&appLng=EN
New
https://ipexl.europarl.europa.eu/IPEXL-WEB/dossier/code=NLE&year=2013&number=0321&appLng=EN
committees/0/shadows/3
name
KARI Rina Ronja
group
European United Left - Nordic Green Left
abbr
GUE/NGL
docs/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE584.029
New
https://www.europarl.europa.eu/doceo/document/EMPL-AM-584029_EN.html
events/2/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament
events/3/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/4/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-8-2016-0216_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-8-2016-0216_EN.html
events/6
date
2016-09-14T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-8-2016-0339_EN.html title: T8-0339/2016
summary
events/6
date
2016-09-14T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-8-2016-0339_EN.html title: T8-0339/2016
summary
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Other legal basis
Rules of Procedure EP 159
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
rapporteur
name: JAZŁOWIECKA Danuta date: 2014-09-03T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
date
2014-09-03T00:00:00
rapporteur
name: JAZŁOWIECKA Danuta group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/1/date
    committees/4/date
      committees/5/date
        events/0
        date
        2013-10-01T00:00:00
        type
        Preparatory document
        body
        EP
        docs
        summary
        events/0
        date
        2013-10-01T00:00:00
        type
        Initial legislative proposal published
        body
        EC
        docs
        summary
        events/4/docs/0/url
        Old
        http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0216&language=EN
        New
        http://www.europarl.europa.eu/doceo/document/A-8-2016-0216_EN.html
        events/6/docs/0/url
        Old
        http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0339
        New
        http://www.europarl.europa.eu/doceo/document/TA-8-2016-0339_EN.html
        committees/0
        type
        Responsible Committee
        body
        EP
        associated
        False
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        date
        2014-09-03T00:00:00
        rapporteur
        name: JAZŁOWIECKA Danuta group: European People's Party (Christian Democrats) abbr: PPE
        shadows
        committees/0
        type
        Responsible Committee
        body
        EP
        associated
        False
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        date
        2014-09-03T00:00:00
        rapporteur
        name: JAZŁOWIECKA Danuta group: Group of European People's Party abbr: EPP
        shadows
        committees/4
        type
        Former Committee Opinion
        body
        EP
        committee_full
        Agriculture and Rural Development
        committee
        AGRI
        associated
        False
        date
        committees/5
        type
        Former Committee Opinion
        body
        EP
        committee_full
        Civil Liberties, Justice and Home Affairs
        committee
        LIBE
        associated
        False
        date
        activities
        • date: 2013-10-01T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=673 title: COM(2013)0673 type: Initial legislative proposal published celexid: CELEX:52013PC0673:EN body: EC commission: type: Initial legislative proposal published
        • date: 2014-02-10T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14381%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 14381/2013 body: EC commission: type: Legislative proposal published
        • date: 2014-02-11T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3292
        • date: 2016-04-11T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI body: EP shadows: group: S&D name: BRESSO Mercedes group: ECR name: ŽITŇANSKÁ Jana group: ALDE name: HARKIN Marian group: GUE/NGL name: KARI Rina Ronja group: Verts/ALE name: ŽDANOKA Tatjana group: EFD name: AGEA Laura responsible: True committee: EMPL date: 2014-09-03T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: EPP name: JAZŁOWIECKA Danuta body: EP responsible: True committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
        • date: 2016-06-21T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI body: EP shadows: group: S&D name: BRESSO Mercedes group: ECR name: ŽITŇANSKÁ Jana group: ALDE name: HARKIN Marian group: GUE/NGL name: KARI Rina Ronja group: Verts/ALE name: ŽDANOKA Tatjana group: EFD name: AGEA Laura responsible: True committee: EMPL date: 2014-09-03T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: EPP name: JAZŁOWIECKA Danuta body: EP responsible: True committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
        • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0216&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0216/2016 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI body: EP shadows: group: S&D name: BRESSO Mercedes group: ECR name: ŽITŇANSKÁ Jana group: ALDE name: HARKIN Marian group: GUE/NGL name: KARI Rina Ronja group: Verts/ALE name: ŽDANOKA Tatjana group: EFD name: AGEA Laura responsible: True committee: EMPL date: 2014-09-03T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: EPP name: JAZŁOWIECKA Danuta body: EP responsible: True committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2016-06-27T00:00:00
        • date: 2016-09-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=27426&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0339 type: Decision by Parliament, 1st reading/single reading title: T8-0339/2016 body: EP type: Results of vote in Parliament
        • date: 2016-11-08T00:00:00 body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 3495
        • date: 2016-11-08T00:00:00 body: EP type: End of procedure in Parliament
        • date: 2016-11-08T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
        • date: 2017-02-04T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0192 title: Decision 2017/192 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:031:TOC title: OJ L 031 04.02.2017, p. 0001 type: Final act published in Official Journal
        committees/0
        type
        Responsible Committee
        body
        EP
        associated
        False
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        date
        2014-09-03T00:00:00
        rapporteur
        name: JAZŁOWIECKA Danuta group: Group of European People's Party abbr: EPP
        shadows
        committees/0
        body
        EP
        responsible
        False
        committee_full
        Agriculture and Rural Development
        committee
        AGRI
        committees/1
        type
        Former Responsible Committee
        body
        EP
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        associated
        False
        date
        committees/1
        body
        EP
        shadows
        responsible
        True
        committee
        EMPL
        date
        2014-09-03T00:00:00
        committee_full
        Employment and Social Affairs
        rapporteur
        group: EPP name: JAZŁOWIECKA Danuta
        committees/2
        type
        Committee Opinion
        body
        EP
        associated
        False
        committee_full
        Agriculture and Rural Development
        committee
        AGRI
        opinion
        False
        committees/2
        body
        EP
        responsible
        True
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        committees/3
        type
        Committee Opinion
        body
        EP
        associated
        False
        committee_full
        Civil Liberties, Justice and Home Affairs
        committee
        LIBE
        opinion
        False
        committees/3
        body
        EP
        responsible
        False
        committee_full
        Civil Liberties, Justice and Home Affairs
        committee
        LIBE
        council
        • body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 3495 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3495*&MEET_DATE=08/11/2016 date: 2016-11-08T00:00:00
        • body: CSL type: Council Meeting council: General Affairs meeting_id: 3292 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3292*&MEET_DATE=11/02/2014 date: 2014-02-11T00:00:00
        docs
        • date: 2014-01-28T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14382%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 14382/2013 type: Document attached to the procedure body: CSL
        • date: 2016-05-31T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE584.029 title: PE584.029 type: Amendments tabled in committee body: EP
        events
        • date: 2013-10-01T00:00:00 type: Initial legislative proposal published body: EC docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=673 title: EUR-Lex title: COM(2013)0673 summary: PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, to take account of the accession of Croatia to the European Union. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons was signed on 21 June 1999 and entered into force on 1 June 2002. It has since been extended twice, notably to states in eastern Europe: first of all to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (entry into force in 2006) and Bulgaria and Romania (entry into force in 2009). It is now necessary to revise the 2002 Agreement to take account of Croatia’s accession to the EU on 1 July 2013. On 24 September 2012, the Council authorised the Commission to open negotiations with Switzerland with a view to concluding the relevant protocol. The negotiations were successfully concluded by the initialling of the Protocol. It is now necessary to approve the Protocol on behalf of the European Union. IMPACT ASSESSMENT: no impact assessment was undertaken. LEGAL BASIS: Article 217 in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: with this proposed Decision, the Council is called upon to approve, on behalf of the Union, the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland of the other, on the free movement of persons to take account of the accession of Croatia to the European Union. Principles : the Protocol seeks to revise the 2002 Agreement in order to take into account the accession of Croatia as regards the free movement of persons. It is provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages). During the last two years of this transition period, the restrictions must be accepted by a mixed Switzerland-EU committee. Labour market restrictions : Switzerland may maintain quantitative limits in respect of access by workers employed in Switzerland and for self-employed persons who are nationals of Croatia for the following two categories of residence: residence for a period of more than four months and less than one year; residence for a period equal to, or exceeding, one year . N.B.: the draft Protocol does not provide any restrictions on residence of less than four months. The quantitative limits are set for each year of the Protocol’s seven year implementation . The quotas for each year are progressive so that Switzerland may open gradually, year by year, its labour market to Croatian workers . Regular labour market and controls : further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned. The same controls may be maintained for persons providing services in the following sectors: horticulture; construction, including related branches; security activities; industrial cleaning. Review of the Protocol : before the end of the transitional period, the Joint Committee shall review the functioning of the transitional period applied to nationals of Croatia on the basis of a report from Switzerland. Upon completion of the review, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures for five years after the entry into force of the aforementioned Protocol. Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods. Safeguard clause : at the end of the 7-year period of the Protocol, Switzerland shall have the opportunity for a further three years , to unilaterally activate the safeguard clause against Croatian citizens with a view to limiting the number of residence permits to allow them to work. Specific provisions are laid down to this effect. Duration of the transitional period : the total transition period with safeguard clause – if applicable – is 10 years from the date of entry into force of the Protocol. BUDGETARY IMPLICATIONS: the proposal has no impact on the EU budget.
        • date: 2014-02-10T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14381%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 14381/2013 summary: PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, regarding the participation of Croatia as a Contracting Party, following its accession to the European Union. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons to take account of the accession of Croatia to the European Union was signed subject to its conclusion at a later date. The Protocol should now be concluded on behalf of the European Union and its Member States. CONTENT: the draft Decision seeks the approval by the Council, on behalf of the European Union and its Member States, of the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, regarding Croatia's participation as a Contracting Party following its accession to the European Union. For details about the content of the Protocol, please refer to the summary of the Commission’s initial legislative proposal of 1.10.2013.
        • date: 2016-04-11T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
        • date: 2016-06-21T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
        • date: 2016-06-27T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0216&language=EN title: A8-0216/2016 summary: The Committee on Employment and Social Affairs adopted the report by Danuta JAZŁOWIECKA (EPP, PL) on the draft Council decision on the conclusion 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 of Croatia as a Contracting Party, following its accession to the European Union. The committee recommended the European Parliament to give its consent to the conclusion of the Protocol. The Protocol provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages). Further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned. Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods. An important final safeguard clause states that at the end of the 7-year period of the Protocol, Switzerland shall have the opportunity for a further three years, to unilaterally activate the safeguard clause against Croatian citizens with a view to limiting the number of residence permits to allow them to work. The total transition period with safeguard clause – if applicable – is thus of 10 years from the date of entry into force of the Protocol. The committee recalled that Switzerland benefits comparably to the EU Member States from the internal market and its enlargements. It is beyond doubt that both Croatia and Switzerland will benefit from the signature of the present Protocol, politically, economically and culturally profiting from a larger internal market where the free movement is a crucial element. Therefore, the committee supports the Protocol to the agreement and recommends it be given a consent.
        • date: 2016-09-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27426&l=en title: Results of vote in Parliament
        • date: 2016-09-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0339 title: T8-0339/2016 summary: The European Parliament adopted by 602 votes to 63, with 29 abstentions, a legislative resolution on the draft Council decision on the conclusion 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 of Croatia as a Contracting Party, following its accession to the European Union. Parliament gave its consent to the conclusion of the Protocol. The Protocol provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages). Further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned. Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods.
        • date: 2016-11-08T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
        • date: 2016-11-08T00:00:00 type: End of procedure in Parliament body: EP
        • date: 2017-02-04T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other part, on the free movement of persons, to take account of the accession of Croatia to the European Union. NON-LEGISLATIVE ACT: Council Decision (EU) 2017/192 on the conclusion 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 of the Republic of Croatia as a Contracting Party, following its accession to the European Union BACKGROUND: The Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other part, on the free movement of persons was signed on 21 June 1999 and entered into force on 1 June 2002. The agreement has been adapted for the first time in order to take account of the participation, as contracting parties, in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, following their accession to the European Union (entry into force in 2006) and then a second time to take account of the accession of Bulgaria and Romania (entry into force in 2009). It is now appropriate to adapt the 2002 Agreement to the accession of Croatia to the European Union on 1 July 2013. CONTENT: With this Decision, the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other part, on the free movement of persons, concerning the participation of Croatia, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States. Objective: The Protocol seeks to adapt the 2002 Agreement in order to take account of the accession of Croatia to the free movement of persons. For a period of seven years from the date of entry into force of the Protocol, Switzerland may restrict the access of Croatian citizens to its labour market (quotas, priority to local workers, control of working conditions and wages). During the last two years of this transitional period, the continuation of these restrictions will be approved by a Joint Switzerland-EU Committee. Restrictions on the labour market: Restrictions on the access of Croatian nationals to the Swiss labour market for employed and self-employed workers have been provided for in accordance with the quotas set out in the draft protocol. The Protocol does not provide for any quantitative limitation for stays of under 4 months. The quantitative limits are set for each year of application of the Protocol over the 7 years of its application. The quotas set for each year are progressive so that Switzerland can gradually open its labour market to Croatian workers year by year . Control of access to the regular labour market: there are provisions for authorising the Parties to maintain controls on the integration of workers into the parties’ regular labour market and on the working conditions and wages of workers. Controls could also be applied for service providers operating in the following sectors: · horticulture · construction, · security, · industrial cleaning. Examination of the Protocol: before the end of the period of validity of the Protocol, the Joint Committee provided for in the original agreement should examine the operation of the Protocol, on the basis of a report prepared by Switzerland. Taking this into account, Switzerland will have to notify the Joint Committee if it intends to continue to apply quantitative limits to Croatian workers employed in Switzerland for new periods as detailed in the Protocol. Croatia may also introduce equivalent quantitative limits for Swiss nationals during the same periods. Safeguard clause: at the end of the 7-year period of application of the Protocol, Switzerland will have the possibility, for a further 3 years , to invoke unilaterally a safeguard clause with regard to Croatian citizens with a view to limiting the number of residence permits granted to enable them to work. Specific conditions are provided for in the Protocol. Duration of the transitional period: the duration of the transitional regime vis-à-vis Croatia shall cover a period of 10 years in all cases from the entry into force of the Protocol. ENTRY INTO FORCE: the Decision enters into force on 8.11.2016. docs: title: Decision 2017/192 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0192 title: OJ L 031 04.02.2017, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:031:TOC
        other
        • body: CSL type: Council Meeting council: Former Council configuration
        procedure/Modified legal basis
        Old
        Rules of Procedure of the European Parliament EP 150
        New
        Rules of Procedure EP 159
        procedure/dossier_of_the_committee
        Old
        EMPL/8/00244
        New
        • EMPL/8/00244
        procedure/final/url
        Old
        http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0192
        New
        https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0192
        procedure/instrument
        Old
        Decision
        New
        • Decision
        • See also 1999/0103(AVC)
        procedure/subject
        Old
        • 2.20 Free movement of persons
        • 6.40.01 Relations with EEA/EFTA countries
        New
        2.20
        Free movement of persons
        6.40.01
        Relations with EEA/EFTA countries
        procedure/summary
        • See also
        activities/7
        date
        2016-11-08T00:00:00
        body
        CSL
        type
        Council Meeting
        council
        Economic and Financial Affairs ECOFIN
        meeting_id
        3495
        activities/8
        date
        2016-11-08T00:00:00
        body
        EP
        type
        End of procedure in Parliament
        activities/9
        date
        2016-11-08T00:00:00
        body
        EP/CSL
        type
        Act adopted by Council after consultation of Parliament
        other/0
        body
        CSL
        type
        Council Meeting
        council
        Former Council configuration
        procedure/stage_reached
        Old
        Awaiting final decision
        New
        Procedure completed
        activities/0/docs/0/celexid
        CELEX:52013PC0673:EN
        activities/0/docs/0/celexid
        CELEX:52013PC0673:EN
        activities/7
        date
        2017-02-04T00:00:00
        docs
        type
        Final act published in Official Journal
        procedure/final
        url
        http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D0192
        title
        Decision 2017/192
        activities/6/docs/0
        url
        http://www.europarl.europa.eu/oeil/popups/sda.do?id=27426&l=en
        type
        Results of vote in Parliament
        title
        Results of vote in Parliament
        activities/6/type
        Old
        Decision by Parliament, 1st reading/single reading
        New
        Results of vote in Parliament
        activities/6/docs/0/text
        • The European Parliament adopted by 602 votes to 63, with 29 abstentions, a legislative resolution on the draft Council decision on the conclusion 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 of Croatia as a Contracting Party, following its accession to the European Union.

          Parliament gave its consent to the conclusion of the Protocol.

          The Protocol provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages).

          Further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned.

          Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods.

        activities/6/docs
        • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0339 type: Decision by Parliament, 1st reading/single reading title: T8-0339/2016
        activities/6/type
        Old
        Vote scheduled
        New
        Decision by Parliament, 1st reading/single reading
        procedure/stage_reached
        Old
        Awaiting Parliament 1st reading / single reading / budget 1st stage
        New
        Awaiting final decision
        activities/6/type
        Old
        Vote in plenary scheduled
        New
        Vote scheduled
        activities/5/docs/0/text
        • The Committee on Employment and Social Affairs adopted the report by Danuta JAZŁOWIECKA (EPP, PL) on the draft Council decision on the conclusion 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 of Croatia as a Contracting Party, following its accession to the European Union.

          The committee recommended the European Parliament to give its consent to the conclusion of the Protocol.

          The Protocol provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages).

          Further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned. 

          Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods. An important final safeguard clause states that at the end of the 7-year period of the Protocol, Switzerland shall have the opportunity for a further three years, to unilaterally activate the safeguard clause against Croatian citizens with a view to limiting the number of residence permits to allow them to work.

          The total transition period with safeguard clause – if applicable – is thus of 10 years from the date of entry into force of the Protocol.

          The committee recalled that Switzerland benefits comparably to the EU Member States from the internal market and its enlargements. It is beyond doubt that both Croatia and Switzerland will benefit from the signature of the present Protocol, politically, economically and culturally profiting from a larger internal market where the free movement is a crucial element. 

          Therefore, the committee supports the Protocol to the agreement and recommends it be given a consent.

        activities/5/docs
        • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0216&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0216/2016
        activities/6/date
        Old
        2016-09-13T00:00:00
        New
        2016-09-14T00:00:00
        activities/6/type
        Old
        Indicative plenary sitting date, 1st reading/single reading
        New
        Vote in plenary scheduled
        activities/5
        date
        2016-06-27T00:00:00
        body
        EP
        type
        Committee report tabled for plenary, 1st reading/single reading
        committees
        procedure/stage_reached
        Old
        Awaiting committee decision
        New
        Awaiting Parliament 1st reading / single reading / budget 1st stage
        activities/4/committees
        • body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI
        • body: EP shadows: group: S&D name: BRESSO Mercedes group: ECR name: ŽITŇANSKÁ Jana group: ALDE name: HARKIN Marian group: GUE/NGL name: KARI Rina Ronja group: Verts/ALE name: ŽDANOKA Tatjana group: EFD name: AGEA Laura responsible: True committee: EMPL date: 2014-09-03T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: EPP name: JAZŁOWIECKA Danuta
        • body: EP responsible: True committee_full: Employment and Social Affairs committee: EMPL
        • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
        activities/4/type
        Old
        Vote scheduled in committee, 1st reading/single reading
        New
        Vote in committee, 1st reading/single reading
        procedure/Modified legal basis
        Rules of Procedure of the European Parliament EP 150
        activities/3/committees/1/shadows/5
        group
        EFD
        name
        AGEA Laura
        activities/5
        date
        2016-09-13T00:00:00
        body
        EP
        type
        Indicative plenary sitting date, 1st reading/single reading
        committees/1/shadows/5
        group
        EFD
        name
        AGEA Laura
        activities/4
        date
        2016-06-21T00:00:00
        body
        EP
        type
        Vote scheduled in committee, 1st reading/single reading
        activities/3
        date
        2016-04-11T00:00:00
        body
        EP
        type
        Committee referral announced in Parliament, 1st reading/single reading
        committees
        procedure/dossier_of_the_committee
        EMPL/8/00244
        procedure/stage_reached
        Old
        Preparatory phase in Parliament
        New
        Awaiting committee decision
        activities/1/docs/0/text
        • PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, regarding the participation of Croatia as a Contracting Party, following its accession to the European Union.

          PROPOSED ACT: Council Decision.

          ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

          BACKGROUND: the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons to take account of the accession of Croatia to the European Union was signed subject to its conclusion at a later date.

          The Protocol should now be concluded on behalf of the European Union and its Member States.

          CONTENT: the draft Decision seeks the approval by the Council, on behalf of the European Union and its Member States, of the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, regarding Croatia's participation as a Contracting Party following its accession to the European Union.

          For details about the content of the Protocol, please refer to the summary of the Commission’s initial legislative proposal of 1.10.2013.

        activities/0/docs/0/text
        • PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, to take account of the accession of Croatia to the European Union.

          PROPOSED ACT: Council Decision.

          ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

          BACKGROUND: the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons was signed on 21 June 1999 and entered into force on 1 June 2002.

          It has since been extended twice, notably to states in eastern Europe: first of all to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (entry into force in 2006) and Bulgaria and Romania (entry into force in 2009). It is now necessary to revise the 2002 Agreement to take account of Croatia’s accession to the EU on 1 July 2013.

          On 24 September 2012, the Council authorised the Commission to open negotiations with Switzerland with a view to concluding the relevant protocol. The negotiations were successfully concluded by the initialling of the Protocol.

          It is now necessary to approve the Protocol on behalf of the European Union.

          IMPACT ASSESSMENT: no impact assessment was undertaken.

          LEGAL BASIS: Article 217 in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

          CONTENT: with this proposed Decision, the Council is called upon to approve, on behalf of the Union, the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland of the other, on the free movement of persons to take account of the accession of Croatia to the European Union.

          Principles: the Protocol seeks to revise the 2002 Agreement in order to take into account the accession of Croatia as regards the free movement of persons. It is provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages).

          During the last two years of this transition period, the restrictions must be accepted by a mixed Switzerland-EU committee.

          Labour market restrictions: Switzerland may maintain quantitative limits in respect of access by workers employed in Switzerland and for self-employed persons who are nationals of Croatia for the following two categories of residence:

          • residence for a period of more than four months and less than one year;
          • residence for a period equal to, or exceeding, one year.

          N.B.: the draft Protocol does not provide any restrictions on residence of less than four months.

          The quantitative limits are set for each year of the Protocol’s seven year implementation. The quotas for each year are progressive so that Switzerland may open gradually, year by year, its labour market to Croatian workers.

          Regular labour market and controls: further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned. The same controls may be maintained for persons providing services in the following sectors:

          • horticulture;
          • construction, including related branches;
          • security activities;
          • industrial cleaning.

          Review of the Protocol: before the end of the transitional period, the Joint Committee shall review the functioning of the transitional period applied to nationals of Croatia on the basis of a report from Switzerland. Upon completion of the review, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures for five years after the entry into force of the aforementioned Protocol.

          Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods.

          Safeguard clause: at the end of the 7-year period of the Protocol, Switzerland shall have the opportunity for a further three years, to unilaterally activate the safeguard clause against Croatian citizens with a view to limiting the number of residence permits to allow them to work. Specific provisions are laid down to this effect.

          Duration of the transitional period: the total transition period with safeguard clause – if applicable – is 10 years from the date of entry into force of the Protocol.

          BUDGETARY IMPLICATIONS: the proposal has no impact on the EU budget.

        activities/0/docs/0/text
        • PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, to take account of the accession of Croatia to the European Union.

          PROPOSED ACT: Council Decision.

          ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

          BACKGROUND: the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons was signed on 21 June 1999 and entered into force on 1 June 2002.

          It has since been extended twice, notably to states in eastern Europe: first of all to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (entry into force in 2006) and Bulgaria and Romania (entry into force in 2009). It is now necessary to revise the 2002 Agreement to take account of Croatia’s accession to the EU on 1 July 2013.

          On 24 September 2012, the Council authorised the Commission to open negotiations with Switzerland with a view to concluding the relevant protocol. The negotiations were successfully concluded by the initialling of the Protocol.

          It is now necessary to approve the Protocol on behalf of the European Union.

          IMPACT ASSESSMENT: no impact assessment was undertaken.

          LEGAL BASIS: Article 217 in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

          CONTENT: with this proposed Decision, the Council is called upon to approve, on behalf of the Union, the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland of the other, on the free movement of persons to take account of the accession of Croatia to the European Union.

          Principles: the Protocol seeks to revise the 2002 Agreement in order to take into account the accession of Croatia as regards the free movement of persons. It is provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages).

          During the last two years of this transition period, the restrictions must be accepted by a mixed Switzerland-EU committee.

          Labour market restrictions: Switzerland may maintain quantitative limits in respect of access by workers employed in Switzerland and for self-employed persons who are nationals of Croatia for the following two categories of residence:

          • residence for a period of more than four months and less than one year;
          • residence for a period equal to, or exceeding, one year.

          N.B.: the draft Protocol does not provide any restrictions on residence of less than four months.

          The quantitative limits are set for each year of the Protocol’s seven year implementation. The quotas for each year are progressive so that Switzerland may open gradually, year by year, its labour market to Croatian workers.

          Regular labour market and controls: further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned. The same controls may be maintained for persons providing services in the following sectors:

          • horticulture;
          • construction, including related branches;
          • security activities;
          • industrial cleaning.

          Review of the Protocol: before the end of the transitional period, the Joint Committee shall review the functioning of the transitional period applied to nationals of Croatia on the basis of a report from Switzerland. Upon completion of the review, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures for five years after the entry into force of the aforementioned Protocol.

          Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods.

          Safeguard clause: at the end of the 7-year period of the Protocol, Switzerland shall have the opportunity for a further three years, to unilaterally activate the safeguard clause against Croatian citizens with a view to limiting the number of residence permits to allow them to work. Specific provisions are laid down to this effect.

          Duration of the transitional period: the total transition period with safeguard clause – if applicable – is 10 years from the date of entry into force of the Protocol.

          BUDGETARY IMPLICATIONS: the proposal has no impact on the EU budget.

        activities/0/docs/0/type
        Old
        Legislative proposal published
        New
        Initial legislative proposal published
        activities/0/type
        Old
        Legislative proposal published
        New
        Initial legislative proposal published
        activities/1
        date
        2014-02-10T00:00:00
        docs
        url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14381%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 14381/2013
        type
        Legislative proposal published
        body
        EC
        commission
        activities/0/docs/0/celexid
        CELEX:52013PC0673:EN
        activities/0/docs/0/celexid
        CELEX:52013PC0673:EN
        activities/0/docs/0/celexid
        CELEX:52013PC0673:EN
        activities/0/docs/0/celexid
        CELEX:52013PC0673:EN
        links/European Commission/title
        Old
        PreLex
        New
        EUR-Lex
        committees/1/date
        2014-09-03T00:00:00
        committees/1/rapporteur
        • group: EPP name: JAZŁOWIECKA Danuta
        procedure/instrument
        Decision
        committees/1/shadows/3
        group
        GUE/NGL
        name
        KARI Rina Ronja
        committees/1/shadows/4
        group
        Verts/ALE
        name
        ŽDANOKA Tatjana
        committees/1/shadows/1
        group
        ECR
        name
        ŽITŇANSKÁ Jana
        committees/1/shadows/1
        group
        ALDE
        name
        HARKIN Marian
        committees/1
        body
        EP
        shadows
        group: S&D name: BRESSO Mercedes
        responsible
        True
        committee_full
        Employment and Social Affairs
        committee
        EMPL
        activities/0/docs/0/url
        Old
        http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=673
        New
        http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=673
        activities/0/docs/0/url
        Old
        http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=673
        New
        http://old.eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=673
        activities/1
        date
        2014-02-11T00:00:00
        body
        CSL
        type
        Council Meeting
        council
        General Affairs
        meeting_id
        3292
        activities/0/type
        Old
        Legislative proposal
        New
        Legislative proposal published
        activities/0/docs/0/celexid
        CELEX:52013PC0673:EN
        activities/0/docs/0/celexid
        CELEX:52013PC0673:EN
        activities/0/docs/0/text
        • PURPOSE: to conclude a Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons, to take account of the accession of Croatia to the European Union.

          PROPOSED ACT: Council Decision.

          ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

          BACKGROUND: the Agreement between the European Community and its Member States, of the one part, and Switzerland, of the other, on the free movement of persons was signed on 21 June 1999 and entered into force on 1 June 2002.

          It has since been extended twice, notably to states in eastern Europe: first of all to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (entry into force in 2006) and Bulgaria and Romania (entry into force in 2009). It is now necessary to revise the 2002 Agreement to take account of Croatia’s accession to the EU on 1 July 2013.

          On 24 September 2012, the Council authorised the Commission to open negotiations with Switzerland with a view to concluding the relevant protocol. The negotiations were successfully concluded by the initialling of the Protocol.

          It is now necessary to approve the Protocol on behalf of the European Union.

          IMPACT ASSESSMENT: no impact assessment was undertaken.

          LEGAL BASIS: Article 217 in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

          CONTENT: with this proposed Decision, the Council is called upon to approve, on behalf of the Union, the Protocol to the Agreement between the European Community and its Member States, of the one part, and Switzerland of the other, on the free movement of persons to take account of the accession of Croatia to the European Union.

          Principles: the Protocol seeks to revise the 2002 Agreement in order to take into account the accession of Croatia as regards the free movement of persons. It is provided that for a period of 7 years from the entry into force of the Protocol, Switzerland may limit the access of Croatian citizens into the labour market (quotas, priority to local workers, control of working conditions and wages).

          During the last two years of this transition period, the restrictions must be accepted by a mixed Switzerland-EU committee.

          Labour market restrictions: Switzerland may maintain quantitative limits in respect of access by workers employed in Switzerland and for self-employed persons who are nationals of Croatia for the following two categories of residence:

          • residence for a period of more than four months and less than one year;
          • residence for a period equal to, or exceeding, one year.

          N.B.: the draft Protocol does not provide any restrictions on residence of less than four months.

          The quantitative limits are set for each year of the Protocol’s seven year implementation. The quotas for each year are progressive so that Switzerland may open gradually, year by year, its labour market to Croatian workers.

          Regular labour market and controls: further provisions are laid down to enable Switzerland and Croatia to maintain the controls on the priority of workers integrated into the regular labour market and the wage and working conditions applicable to nationals of the other Contracting Party concerned. The same controls may be maintained for persons providing services in the following sectors:

          • horticulture;
          • construction, including related branches;
          • security activities;
          • industrial cleaning.

          Review of the Protocol: before the end of the transitional period, the Joint Committee shall review the functioning of the transitional period applied to nationals of Croatia on the basis of a report from Switzerland. Upon completion of the review, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures for five years after the entry into force of the aforementioned Protocol.

          Croatia should be entitled to introduce the same quantitative limits for Swiss nationals for the same periods.

          Safeguard clause: at the end of the 7-year period of the Protocol, Switzerland shall have the opportunity for a further three years, to unilaterally activate the safeguard clause against Croatian citizens with a view to limiting the number of residence permits to allow them to work. Specific provisions are laid down to this effect.

          Duration of the transitional period: the total transition period with safeguard clause – if applicable – is 10 years from the date of entry into force of the Protocol.

          BUDGETARY IMPLICATIONS: the proposal has no impact on the EU budget.

        activities
        • date: 2013-10-01T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=673 title: COM(2013)0673 type: Legislative proposal published celexid: CELEX:52013PC0673:EN type: Legislative proposal body: EC commission:
        committees
        • body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI
        • body: EP responsible: True committee_full: Employment and Social Affairs committee: EMPL
        • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
        links
        National parliaments
        European Commission
        other
          procedure
          geographical_area
          Switzerland
          reference
          2013/0321(NLE)
          title
          EC/Switzerland Agreement: free movement of persons; accession of Croatia to the EU. Protocol
          legal_basis
          stage_reached
          Preparatory phase in Parliament
          summary
          See also
          subtype
          Consent by Parliament
          type
          NLE - Non-legislative enactments
          subject