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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.

Documents
Decision 2017/192
OJ L 031 04.02.2017, p. 0001
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
Documents
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
T8-0339/2016
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
A8-0216/2016
2016/06/21
   EP - Vote in committee
2016/05/31
   EP - Amendments tabled in committee
Documents
PE584.029
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
14381/2013
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
14381/2013
2014/01/28
   CSL - Document attached to the procedure
Documents
14382/2013
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
EUR-Lex
COM(2013)0673

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

Germany PPE

32

Italy PPE

Abstain (1)

Lara COMI
14

Spain PPE

15

Poland PPE

22

Romania PPE

12

France PPE

18

Portugal PPE

7

Czechia PPE

7

Netherlands PPE

5

Belgium PPE

4

Bulgaria PPE

7

Hungary PPE

10

Sweden PPE

4

Austria PPE

4

Slovakia PPE

6

Finland PPE

2

Greece PPE

5

Denmark PPE

For (1)

Bendt BENDTSEN
1

Ireland PPE

4

Lithuania PPE

2

Latvia PPE

4

Slovenia PPE

5

Croatia PPE

2

Luxembourg PPE

3

Estonia PPE

For (1)

Tunne KELAM
1

Malta PPE

3

Cyprus PPE

1
icon: S&D S&D
179

Germany S&D

25

Italy S&D

29

Spain S&D

12

Poland S&D

5

Romania S&D

14

France S&D

11

Portugal S&D

8

Czechia S&D

4

Netherlands S&D

3

Belgium S&D

4

Bulgaria S&D

4

Hungary S&D

4

Sweden S&D

6

Austria S&D

4

Slovakia S&D

4

Finland S&D

2

Greece S&D

4

Denmark S&D

2

Ireland S&D

For (1)

Nessa CHILDERS
1

Lithuania S&D

2

United Kingdom S&D

20

Latvia S&D

1

Slovenia S&D

For (1)

Tanja FAJON
1

Croatia S&D

2

Luxembourg S&D

For (1)

Mady DELVAUX
1

Estonia S&D

For (1)

Marju LAURISTIN
1

Malta S&D

3

Cyprus S&D

2
icon: ALDE ALDE
63

Germany ALDE

3

Spain ALDE

8

Romania ALDE

3

France ALDE

5

Portugal ALDE

2

Czechia ALDE

4

Netherlands ALDE

7

Belgium ALDE

6

Bulgaria ALDE

4

Sweden ALDE

3

Austria ALDE

For (1)

Angelika MLINAR
1

Finland ALDE

4

Denmark ALDE

2

Ireland ALDE

For (1)

Marian HARKIN
1

Lithuania ALDE

2

United Kingdom ALDE

1

Latvia ALDE

1

Slovenia ALDE

For (1)

Ivo VAJGL
1

Croatia ALDE

For (1)

Ivan JAKOVČIĆ
1

Luxembourg ALDE

For (1)

Charles GOERENS
1

Estonia ALDE

3
icon: GUE/NGL GUE/NGL
48

Germany GUE/NGL

5

Italy GUE/NGL

3

Spain GUE/NGL

11

France GUE/NGL

Against (1)

Jean-Luc MÉLENCHON
4

Portugal GUE/NGL

4

Czechia GUE/NGL

3

Netherlands GUE/NGL

3

Finland GUE/NGL

For (1)

Merja KYLLÖNEN
1

Greece GUE/NGL

6

Denmark GUE/NGL

For (1)

Rina Ronja KARI
1

Ireland GUE/NGL

4

United Kingdom GUE/NGL

1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
45

Germany Verts/ALE

12

Spain Verts/ALE

4

France Verts/ALE

5

Netherlands Verts/ALE

1

Belgium Verts/ALE

2

Sweden Verts/ALE

4

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

Heidi HAUTALA
1

Denmark Verts/ALE

For (1)

Margrete AUKEN
1

Lithuania Verts/ALE

For (1)

Bronis ROPĖ
1

United Kingdom Verts/ALE

6

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

Igor ŠOLTES
1

Croatia Verts/ALE

For (1)

Davor ŠKRLEC
1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1

Estonia Verts/ALE

For (1)

Indrek TARAND
1
icon: ECR ECR
67

Germany ECR

Against (2)

Bernd KÖLMEL, Bernd LUCKE
5

Italy ECR

1

Poland ECR

19

Romania ECR

For (1)

Monica MACOVEI
1

Czechia ECR

2

Netherlands ECR

2

Belgium ECR

3

Bulgaria ECR

2

Slovakia ECR

3

Finland ECR

2

Greece ECR

Abstain (1)

Notis MARIAS
1

Denmark ECR

4

Lithuania ECR

1

United Kingdom ECR

19

Latvia ECR

For (1)

Roberts ZĪLE
1

Croatia ECR

For (1)

Ruža TOMAŠIĆ
1
icon: EFDD EFDD
42

Germany EFDD

Abstain (1)

Beatrix von STORCH
1

Italy EFDD

17

Poland EFDD

1

France EFDD

1

Czechia EFDD

Abstain (1)

Petr MACH
1

Sweden EFDD

2

United Kingdom EFDD

19
icon: NI NI
13

Germany NI

2

Poland NI

Abstain (1)

Janusz KORWIN-MIKKE
1

France NI

3

Hungary NI

2

Greece NI

4

United Kingdom NI

Abstain (1)

Diane DODDS
1
icon: ENF ENF
36

Germany ENF

Against (1)

Marcus PRETZELL
1

Italy ENF

5

Poland ENF

Abstain (1)

Stanisław ŻÓŁTEK
1

Romania ENF

Abstain (1)

Laurenţiu REBEGA
1

France ENF

20

Netherlands ENF

3

Belgium ENF

Against (1)

Gerolf ANNEMANS
1

Austria ENF

Against (1)

Georg MAYER
3

United Kingdom ENF

Against (1)

Janice ATKINSON
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)

2023-08-03Show (3) Changes | Timetravel
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2014-02-10T00:00:00
docs
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2021-12-18Show (9) Changes | Timetravel
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2020-01-19Show (9) Changes | Timetravel
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        2019-07-12Show (4) Changes | Timetravel
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        2019-07-06Show (19) Changes | Timetravel
        activities
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        • date: 2014-02-11T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3292
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        • 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
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        • 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
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        • 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
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        • 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.
        2016-09-17Show (3) Changes | Timetravel
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        • 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.
        2016-09-01Show (1) Changes | Timetravel
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        2016-05-11Show (1) Changes | Timetravel
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        2016-03-30Show (1) Changes | Timetravel
        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.
        2016-03-17Show (1) Changes | Timetravel
        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.

        2016-03-15Show (4) Changes | Timetravel
        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.
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        2014-09-24Show (1) Changes | Timetravel
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        2014-03-26Show (1) Changes | Timetravel
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        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.
        2013-10-18Show (5) Changes
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