kom (2025) 0308 - Ingen titel

Europaudvalget 2025
KOM (2025) 0308
Offentligt

EUROPEAN

COMMISSION

Brussels, 13.6.2025

COM(2025) 308 final

2025/0163 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union, of a broad package of agreements to

consolidate, deepen and expand the bilateral relations with the Swiss Confederation, and

on the provisional application of the Agreement on the terms and conditions for the

participation of the Swiss Confederation in the European Union Agency for the Space

Programme

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EXPLANATORY MEMORANDUM

•

CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

The European Union and the Swiss Confederation (hereafter also referred to as

“Switzerland”) are closely intertwined from an economic, historical, cultural, social and

political perspective. The Union is Switzerland’s largest trading partner, while Switzerland is

the Union’s fourth largest trading partner. Over 1.5 million Union citizens live in Switzerland

and just under 450 000 Swiss nationals live in the Union. Every day several hundred thousand

frontier workers cross the EU-Swiss border in both directions.

The Union and Switzerland are tied together by multiple bilateral agreements. Through

agreements on the free movement of persons, land transport, air transport, trade in agricultural

products and mutual recognition in relation to conformity assessment, Switzerland takes part

in the Union’s internal market

. Through the Agreement between the European Union, the

European Community and the Swiss Confederation on the Swiss Confederation’s association

with the implementation, application and development of the Schengen acquis, Switzerland is

also a Schengen associated country. During the COVID-19 pandemic, cooperation between

the Union and Switzerland on cross-border health threats increased. Switzerland has also

traditionally been a strong partner in research and innovation. The country has collaborated

with the Union on numerous Union funding programmes focused notably on research,

innovation, and education.

While the EU-Switzerland relationship is close, it has also been hampered by several

longstanding structural problems. To solve those problems, between 2014 and 2021, the

Union and Switzerland conducted negotiations on an Institutional Framework Agreement.

The Institutional Framework Agreement would have also provided the governance framework

for additional agreements in fields related to the internal market in which Switzerland

participates, including agreements for which negotiations had been authorised by the Council,

notably on food safety (2003 and 2008) and electricity (2006). In addition, it would have

provided the governance framework for the agreement on health, for which negotiations had

been authorised by the Council in 2008.

Negotiators reached an agreement on a draft Institutional Framework Agreement text at

technical level in November 2018. In reaction to the Federal Council’s refusal to endorse the

draft text, negotiations on the other agreements came to a halt as both the Council, in its

conclusions of 19 February 2019, and the European Parliament, in its recommendation of

26 March 2019, made the conclusion of new internal market access agreements or improved

conditions under existing agreements conditional on the conclusion of the Institutional

Framework Agreement. On 26 May 2021, despite further attempts to find solutions, the Swiss

Federal Council decided to unilaterally terminate the negotiations on the Institutional

Framework Agreement. Switzerland’s unilateral decision brought the bilateral cooperation in

the areas of research, innovation and education to a temporary halt.

Agreement between the European Community and the Swiss Confederation on the Carriage of Goods

and Passengers by Rail and Road, Agreement between the European Community and the Swiss

Confederation Air Transport, Agreement between the European Community, of the one part, and the

Swiss Confederation, of the other, on the free movement of persons, Agreement between the European

Community and the Swiss Confederation on mutual recognition in relation to conformity assessment,

Agreement between the European Community and the Swiss Confederation on trade in agricultural

products, all signed on 21 June 1999 (OJ L 114, 30.4.2002, p. 1).

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Following the breakdown of the negotiations on the Institutional Framework Agreement, the

European Commission and Switzerland initiated exploratory talks in March 2022 to discuss

the future of EU-Switzerland relations. These talks led to a Common Understanding that

recorded both sides’ political understanding on the way forward for a future negotiation and

identified the components and parameters of a broad negotiating package, as well as landing

zones and solutions on key institutional and sectoral points.

The Common Understanding was endorsed by the Swiss Federal Council and by the European

Commission in November 2023. Both sides committed to use it as a basis for seeking their

negotiating mandates and recorded their ambition of concluding the negotiations in the course

of 2024.

Consequently, on 20 December 2023, the Commission adopted a Recommendation for a

Council decision to authorise negotiations on the broad package of measures identified and

defined during the exploratory talks

. The overall objective of these negotiations was to

modernise and strengthen bilateral relations between the Union and Switzerland, ensure fair

competition between Union and Swiss companies operating within the internal market, and

safeguard the rights of Union citizens in Switzerland, including preventing discrimination

between citizens of different Member States. This would allow citizens, businesses, and

researchers on both sides to fully benefit from the geographical proximity, shared values, and

economic links between the Union and Switzerland. In parallel, the Federal Council

undertook the corresponding preparatory work on the Swiss side. Following the completion of

the relevant processes in Switzerland, the Council adopted a decision on 12 March 2024,

authorising the Commission to launch negotiations on the broad package of measures, along

with detailed negotiating directives

The negotiations on the broad package were launched on 18 March 2024 by the President of

the European Commission, Ursula von der Leyen, and the then President of the Swiss

Confederation, Viola Amherd. The Commission conducted the negotiations in consultation

with the Council, including the General Affairs Council and the EFTA Working Party as the

special committee appointed by the Council for the purpose of negotiations with Switzerland.

Due regard has been given to the resolution of the European Parliament of 4 October 2023

and the Commission kept the European Parliament fully informed in accordance with

Article 218(10) of the Treaty on the Functioning of the European Union (TFEU).

After nine months of intense negotiations, Presidents von der Leyen and Amherd announced

the successful completion of discussions on all elements of the broad package on

20 December 2024. The broad package includes the update of five agreements that presently

give Switzerland access to the Union’s internal market; the update of the dispute settlement

mechanism in the Agreement on trade in agricultural products, along the lines of the

established practice in the Union’s and Switzerland’s trade agreements with other partners; a

new protocol on food safety that will establish a Common Food Safety Area covering all

dimensions of the food chain and replacing the sanitary and phytosanitary annexes to the

Agreement on trade in agricultural products; a new agreement on electricity that will allow

the participation of Switzerland in the Union’s internal electricity market; a new agreement on

health that will allow Switzerland to take part in Union mechanisms and bodies addressing

COM(2023) 798 final, 20.12.2023.

Council Decision (EU, Euratom) 2024/995 of 12 March 2024 authorising the opening of negotiations

with the Swiss Confederation on institutional provisions in agreements between the European Union

and the Swiss Confederation related to the internal market, on an agreement on the Swiss

Confederation’s participation in Union programmes and on an agreement that forms the basis for the

Swiss Confederation’s permanent contribution to the Union’s cohesion (OJ L, 2024/995, 26.3.2024).

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serious cross-border threats to health, notably the European Centre for Disease Prevention and

Control and the Early Warning and Response System; a new agreement on Switzerland’s

permanent and fair financial contribution to economic and social cohesion within the Union,

reflecting the level of partnership and cooperation between the parties; and a new agreement

that will allow Switzerland to participate in several Union programmes open to association of

third countries: Horizon Europe, Euratom Research and Training, ITER/F4E (Fusion for

Energy), Digital Europe, Erasmus+, as well as EU4Health, a programme that aims to

complement the cooperation established in the health agreement that the two partners

negotiated as part of the same broad package. In addition to the elements listed above, the

broad package also includes a separate protocol on parliamentary cooperation.

This proposal concerns the signature, on behalf of the European Union, of the following

agreements and instruments within the broad package:

–

Amending 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;

Institutional 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;

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

State aid Protocol to the Agreement between the European Community and the Swiss

Confederation on air transport

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road;

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road;

State aid Protocol to the Agreement between the European Community and the Swiss

confederation on the Carriage of Goods and Passengers by Rail and Road;

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

Institutional protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products;

Protocol to the Agreement between the European Community and the Swiss

Confederation on trade in agricultural products establishing a Common Food Safety

Area;

Agreement between the European Union and the Swiss Confederation on electricity;

Agreement between the European Union and the Swiss Confederation on health;

Agreement between the European Union and the Swiss Confederation on

Switzerland’s regular financial contribution towards reducing economic and social

disparities in the European Union;

–

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–

Agreement between the European Union and the Swiss Confederation on the terms

and conditions for the participation of the Swiss Confederation in the European

Union Agency for the Space Programme;

Protocol between the European Union and the Swiss Confederation on parliamentary

cooperation.

–

This proposal also concerns the provisional application of the agreement on Switzerland’s

participation in the European Union Agency for the Space Programme as that agreement

foresees its provisional application as from 1 January 2026 or 1 January of the year following

its signature, depending on whether or not that signature takes place before 1 July 2026.

The abovementioned agreements and protocols are accompanied by a Joint Declaration by the

European Union and the Swiss Confederation on the establishment of a high-level dialogue on

the broad bilateral package and the possible further development of the bilateral relations

between the European Union and Switzerland, which should be approved and signed on

behalf of the Union.

While the agreement on Switzerland’s participation in Union programmes forms an integral

part of the broader package negotiated between the two partners in 2024, the Commission

decided to expedite the proposal for its signature with the aim of starting its provisional

application from 1 January 2025. The Commission made separate proposals to that effect

The proposed approach will allow to give effect to the transitional arrangements that the

Commission granted to Switzerland during the negotiations of the broad package. At the same

time, it does not affect the broad package approach established by the Common

Understanding and confirmed by the Council mandate.

The agreement on Switzerland’s participation in Union programmes includes a sunset clause,

which provides that the provisional application of that agreement will cease if Switzerland

does not complete its procedures necessary for the entry into force of the package by the end

of 2028. The Commission proposal on the signing of the agreement on Switzerland’s

participation in Union programmes therefore provides that it will be concluded as part of the

broad package of agreements that were the subject of the negotiations conducted in 2024.

•

Consistency with existing policy provisions in the policy area

The introduction of institutional provisions will ensure a more consistent and uniform

application of the Union

acquis

in the parts of the internal market in which Switzerland

participates or in policy areas in which Switzerland has committed to dynamic alignment, to

the principle of uniform interpretation and application, and to dispute settlement with a role

for the Court of Justice of the European Union for matters of Union law. The principles of

non-discrimination of Union citizens and a level playing field between Union and Swiss

companies is at the heart of the various agreements.

•

Consistency with other Union policies

The broad package of the EU-Switzerland agreements fully respects the Treaties and

preserves the integrity and the autonomy of the Union legal order. It promotes the values,

objectives and interests of the Union, and ensures consistency, effectiveness and continuity of

its policies and actions.

COM(2025) 159 final and COM(2025) 160 final, 9.4.2025.

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The institutional and substantive changes to the existing agreements, as well as, where

relevant, the introduction of State aid rules, and the new agreements will help achieve the

Union’s policy objectives in the following policy areas:

–

internal market,

competition,

employment and social affairs,

free movement of persons,

transport,

agriculture,

food safety and quality,

animals and animal products,

plants and plant products,

consumer protection,

energy,

health,

trade.

In addition, the agreement associating Switzerland to Union programmes and the agreement

on Switzerland’s participation in the European Union Agency for the Space Programme will

contribute to furthering the Union’s policy objectives in the following policy areas:

–

education and training,

research and innovation,

digital economy and society,

health,

space.

The

Agreement between the European Union and the Swiss Confederation on Switzerland’s

regular financial contribution towards reducing economic and social disparities in the

European Union will contribute to the achievement of the Union’s policy objectives in

relation to its economic and social cohesion.

By ensuring that Switzerland makes an adequate financial contribution to the management

and operation of the agencies and bodies in which it participates, and the information systems

to which it has access, the Union’s financial interests will be protected.

The forum for cooperation and dialogue between members of the European Parliament and

the Swiss Federal Assembly established by a dedicated protocol is in line with the practice in

association and strategic partnership agreements the Union concludes with third countries.

While several agreements and protocols covered by this proposal rely on the technical and

digital systems for their implementation, the proposal does not introduce any requirements

mandating changes with respect to the use or architecture of these systems. The “digital by

default” principle remains unaffected by the proposal.

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LEGAL BASIS

Together, the agreements and protocols that are the subject of the proposed decision are

intrinsically linked and constitute a coherent whole and lay down the architecture of a

reinforced and comprehensive partnership in a broad range of areas covered by the Treaties,

based on an appropriate balance of rights and obligations. Hence, the appropriate substantive

legal basis for the proposed Council Decision on the signing of the aforementioned

agreements and protocols is Article 217 TFEU. The procedural legal basis is Article 218(5)

TFEU, read in conjunction with the second subparagraph of Article 218(8) TFEU. Thus, the

legal basis for the proposed Council Decision is Article 217 TFEU, read in conjunction with

Article 218(5) TFEU and the second subparagraph of Article 218(8) TFEU.

The Commission considers that the Union has competence in all areas covered by the

agreements and protocols which are the subject of this proposal and that therefore the

agreements and protocols should be signed by the Union alone.

BUDGETARY IMPLICATIONS

In the agreements in fields related to the internal market in which Switzerland participates, the

agreement on health and the agreement on the European Union Agency for the Space

Programme, Switzerland has agreed to make financial contributions to the Union budget for

the management and operation of the agencies and bodies in which it participates, and the

information systems to which it has access, taking into account the scope of each agreement.

In most cases, the payment modalities are laid out in dedicated annexes, which follow the

same model. A set of standard provisions common to the agreements and protocols concerned

require that Switzerland pays an annual financial contribution due at the dates specified in the

calls for funds issued by the European Commission. This contribution will be composed of

the sum of an operational contribution and a participation fee.

Where other financing arrangements already exist for agencies or information systems, these

are maintained.

The specific financing arrangements for the agencies and information systems are described

in the section that details the provisions of the agreements. The Legislative Financial

Statement presented with this proposal illustrates the future budgetary implications of these

arrangements and their payment modalities.

•

OTHER ELEMENTS

Implementation by bodies established under the agreements and protocols

The package of agreements bound together by similar institutional provisions and/or other

interlinkages. All agreements covered by the broad package include Joint Committees

consisting of representatives of the Union and Switzerland, which largely follow the same

model. All agreements in fields related to the internal market, the agreement on trade in

agricultural products, the agreement on health and the agreement on Switzerland’s regular

financial contribution to the Union’s social and economic cohesion allow for the possibility to

set up working groups. Several agreements contain dispute settlement mechanisms, based on

the same model, which ensures that breaches of obligations by one of the Parties under the

agreement concerned or across the package of agreements can be addressed. Finally, the

protocol on parliamentary cooperation sets up a Joint Parliamentary Committee composed of

representatives of the European Parliament and of the Swiss Federal Assembly.

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•

Detailed explanation of the specific provisions of the proposal

Composition of the broad package and nature of the agreements and protocols

The broad package consists of several agreements and protocols that have different purposes

and setups, even if they share common elements. The package notably includes agreements

and a protocol in fields related to the internal market in which Switzerland participates, an

agreement on trade in agricultural products, cooperation agreements, and protocol on

parliamentary cooperation. Several of these agreements and protocols are accompanied by

joint declarations. The package is completed by a joint declaration on the establishment of a

high-level dialogue between the Union and Switzerland.

Agreements in fields related to the internal market in which Switzerland participates

As a result of institutional changes, four out of five

existing

agreements will be considered as

agreements in fields related to the internal market in which Switzerland participates, which

has notably implications as regards their interconnection. A new agreement and a new

protocol will also have this status.

Existing agreements that will be considered as agreements in fields related to the internal

market

–

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

(hereinafter “Free movement of persons agreement”),

Agreement between the European Community and the Swiss Confederation on air

transport (hereinafter “Air transport agreement”),

Agreement between the Swiss Confederation and the European Community on the

Carriage of Goods and Passengers by Rail and Road (hereinafter "“Land transport

agreement”),

Agreement between the Swiss Confederation and the European Community on

mutual recognition in relation to conformity assessment (hereinafter “Mutual

recognition agreement”).

–

New agreement and protocol that will be considered as agreements in fields related to the

internal market

–

Agreement between the European Union and the Swiss Confederation on electricity

(hereinafter “Electricity agreement”),

Protocol to the Agreement between the European Community and the Swiss

Confederation on trade in agricultural products establishing a Common Food Safety

Area (hereinafter “Protocol on the Common Food Safety Area”).

Agreement between the European Community and the Swiss Confederation on trade

in agricultural products (hereinafter “Agreement on trade in agricultural products”).

The amended agreement will no longer be considered as an agreement in a field

related to the internal market in which Switzerland participates.

Agreement on trade in agricultural products

–

Cooperation agreements

Several agreements can be considered as cooperation agreements and thus they do not

constitute agreements in fields related to the internal market in which Switzerland

participates. Their setup and content differ depending on their purpose. These agreements are:

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–

Agreement between the European Union and the Swiss Confederation on health

(hereinafter “Health agreement”),

Agreement between the European Union and the Swiss Confederation on

Switzerland’s regular financial contribution towards reducing economic and social

disparities in the European Union (hereinafter “Agreement on cohesion”),

Agreement between the European Union and the Swiss Confederation on the terms

and conditions for the participation of the Swiss Confederation in the European

Union Agency for the Space Programme (hereinafter “Agreement on the Agency for

the Space Programme”),

Agreement between the European Union and the European Atomic Energy

Community, of the one part, and the Swiss Confederation, of the other part, on the

participation of the Swiss Confederation in Union programmes (hereinafter

“Agreement on Union programmes”).

–

The Agreement on Union programmes will not be described in detail as its signing is the

subject of separate proposals

Protocol on parliamentary cooperation

The Protocol between the European Union and the Swiss Confederation on parliamentary

cooperation (hereinafter “Protocol on parliamentary cooperation”) provides a legal basis and

mechanisms for political cooperation between the European Parliament and the Swiss Federal

Assembly.

High-level dialogue

The “Joint Declaration by the European Union and the Swiss Confederation on the

establishment of a high-level dialogue on the broad bilateral package and the possible further

development of the bilateral relations between the European Union and Switzerland” will

provide a framework for political discussions between the European Commissioner and Swiss

Federal Councillor in charge of EU-Swiss relations. High-level dialogues are a common tool

the Union relies on to provide impulses to cooperation with third countries in a specific field.

Agreements in fields related to the internal market in which Switzerland participates

Institutional provisions

Identical institutional provisions have been included in all agreements in fields related to the

internal market in which Switzerland participates, subject to technically justified adaptations,

either as part of the new agreements or by means of institutional protocols. The Health

agreement applies the same institutional solutions by analogy. The institutional provisions

comprise the following elements:

(1)

uniform interpretation and application:

an obligation to interpret and apply the

agreements concerned uniformly within the internal market, and, to the extent that

they include concepts of Union law, in conformity with the case-law of the Court of

Justice of the European Union, both prior or subsequent to the signature of the

corresponding agreement;

COM(2025) 159 final and COM(2025) 160 final, 9.4.2025.

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(2)

dynamic alignment:

an obligation, subject to limited exceptions, for the parties to

integrate into the agreements concerned all legal acts of the Union that fall under

their scope; due to its monist legal order, these acts shall become, by their integration

into the agreements, part of the Swiss legal order. In exchange, Switzerland will be

involved during the preparation of the acts to be integrated into the agreements

concerned, for instance Switzerland will participate in the corresponding committees

and groups of experts without the right to vote. For historical reasons, in the case of

the agreements on mutual recognition and on land transport, Switzerland is obliged

to adopt provisions of national law achieving the result to be attained by those acts;

dispute settlement:

an effective mechanism for the resolution of disputes based on

third-party arbitration; the arbitral tribunal is under an obligation to refer questions

regarding provisions of the agreements that involve concepts of Union law to the

Court of Justice of the European Union, whose opinions are legally binding on the

arbitral tribunal;

interconnection between the agreements:

the possibility for the parties to take

proportionate and effective compensatory measures as part of a procedure to settle

disputes in case where a party considers that the other party has not complied with a

decision of the arbitral tribunal; these compensatory measures can be taken in either

the agreement concerned or in any other agreement related to the internal market,

including the suspension in part or in full of such agreement or agreements.

(3)

(4)

State aid provisions

In addition, substantive and procedural rules, including surveillance and enforcement

mechanisms, equivalent to the ones applied within the Union are included in those agreements

in which a level playing for competition on the internal market needs to be ensured, notably

the agreements on air transport, land transport and electricity. Such State aid rules are spelled

out either in the main body of the agreement, as is the case for the Electricity agreement, or in

dedicated protocols, as is the case for the agreements on air transport and land transport. In

both cases, general and sectoral State aid rules that complement the above-mentioned

framework are spelled out in dedicated annexes.

Participation in agencies and information systems

Switzerland will gain additional access to agencies and/or information systems under the

following agreements in fields related to the internal market in which Switzerland participates: the

Free movement of persons agreement, the Mutual recognition agreement, the Protocol on the

Common Food Safety Area and the Electricity agreement. Switzerland will also gain additional

access to an agency and information systems under the Health agreement.

The above-mentioned standard provisions will apply to the financing arrangements linked to the

additional access to agencies and information systems Switzerland will gain via the broad

package. In principle, these standard provisions should

apply to the financing arrangements

linked to any further access to agencies, bodies, information systems and other activities to

which Switzerland may gain in the future under agreements that are part of the package or

under further agreements the Union and Switzerland may conclude.

The operational contribution that will be part of Switzerland’s annual financial contribution will

be based on a contribution key defined as the ratio of the Gross Domestic Product (GDP) of

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Switzerland at market prices to the GDP of the Union at market prices

The contribution key

will be applied to the annual Union voted budget inscribed on the relevant Union budget

subsidy line(s) of the year in question, subject, where appropriate, to adjustments that take

into account the scope of an agreement. The operational contribution for the information

systems and other activities will be calculated by applying the contribution key to the relevant

budget of the year in question as set out in documents implementing the budget (such as work

programmes or contracts). The annual participation fee will amount to 4% of the operational

contribution.

All reference amounts will be based on commitment appropriations.

The agreements that will grant Switzerland access to agencies also include an appendix on the

rights, privileges and immunities of those agencies and their staff, which follow a standard

model and reflect the provisions of Protocol (No 7) on the privileges and immunities of the

European Union.

Free movement of persons agreement

The updated Free movement of persons agreement will provide for dynamic alignment by

Switzerland on current and future Union legal acts in the area of free movement of persons

and the posting of workers.

The amending protocol to the Free movement of persons agreement makes changes to its

structure. In its current version, the agreement includes a significant number of substantive

provisions in its Annex I. That annex is replaced by a list of Union legal acts to which

Switzerland will dynamically align and that will cover, to a large extent, the substance of

those provisions.

The replacement of the substantive provisions of the agreement by the integration of the

Union

acquis

will be accompanied by a number of exceptions to dynamic alignment in the

following areas: prior notification period and controls, financial guarantees and sanctions on

service providers, proof of self-employment, acquisition of permanent residence, purchase of

immovable property, identity cards, expulsions and certain matters of cantonal law concerning

the coordination of social security schemes. Some of these exceptions are already included in

the existing agreement. The existing provision on the rights of students will be revised, so that

it is no longer possible for the Parties to discriminate against the other Party’s students as

regards tuition fees, as well as associated public support mechanisms, in universities

principally funded with public funds. The current level of access of Union students to those

universities in Switzerland will be guaranteed.

Moreover, a non-regression clause stipulates that Switzerland will not be obliged to integrate

new

acquis

regarding the posting of workers if its effect would be to meaningfully weaken or

reduce the level of protection of posted workers with regard to the terms and conditions of

employment.

Via a protocol attached to the updated agreement, the parties will take a commitment that

Union and Swiss rules on the granting of long-term residence permits are applied in a non-

The respective GDPs to be applied will be the latest available as of 1 January of the year in which the

annual payment is made as provided by Statistical Office of the European Union (EUROSTAT), with

due regard to the Agreement between the European Community and the Swiss Confederation on

cooperation in the field of statistics (OJ L 90, 28.3.2006, p. 2).

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discriminatory manner, notably regarding the minimum duration of prior residence of five

years.

The existing safeguard clause will be adapted and aligned with the institutional protocol. It

can be activated in case of serious economic or social difficulties triggered by the application

of the agreement. If the parties cannot agree on an appropriate, agreed solution to remedy the

situation, the party alleging serious economic difficulties may bring the issue to the arbitral

tribunal. It will only be able to take safeguard measures if the arbitral tribunal considers that

the situation justifies them.

Several joint declarations accompanying the agreement clarify the parties’ joint understanding

of provisions concerning e.g. the prevention and action against the abuse of rights under the

free movement of persons

acquis,

notification procedures in the context of the taking up of

employment, or effective control systems, including Switzerland’s dual enforcement system

regarding the provision of services.

Under the agreement, Switzerland will have access and will financially contribute in

accordance with the standard financial modalities to the following information systems:

–

the European network of Employment Services (EURES) as established by

Regulation (EU) 2016/589

the Electronic Exchange of Social Security Information (EESSI) as established by

Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009

the modules of the Internal Market Information system (IMI) as established by

Regulation (EU) 1024/2012

relating to the posting of workers, services, professional

qualifications, the European Professional Card, Regulated Professions and the Single

Digital Gateway.

Participation in the EURES platform will promote labour mobility, facilitate the exchange of

job vacancies and job seeker profiles and ensure a high-quality matching across languages and

national contexts, including through the use of the European Skills, Competences,

Qualifications and Occupations classification (ESCO).

The existing financing arrangements will continue to apply to Switzerland’s financial

contribution to the Mutual Information System on Social Protection (MISSOC), to which it

already has access.

Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a

European network of employment services (EURES), workers' access to mobility services and the

further integration of labour markets, and amending Regulations (EU) No 492/2011 and

(EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1).

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the

coordination of social security systems (OJ L 166, 30.4.2004, p. 1) and (EC) No 987/2009 of the

European Parliament and of the Council of 16 September 2009 laying down the procedure for

implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284,

30.10.2009, p. 1).

Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on

administrative cooperation through the Internal Market Information System and repealing

Commission Decision 2008/49/EC (OJ L 316, 14.11.2012, p. 1).

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Air transport agreement

The updated Air transport agreement will provide for dynamic alignment by Switzerland on

current and future Union legal acts in the area of air transport.

The amending protocol to the Air transport agreement does not change the agreement’s

objectives and makes limited changes to the main text and the annex to the agreement. Most

notable is the mutual exchange of cabotage rights (enabling the respective airlines to fly

between two points in a Member State’s or Switzerland’s territory) between the Parties.

No additional access to information systems is foreseen. The existing financial modalities

regarding Switzerland’s participation in the European Union Aviation Safety Agency

(EASA), as established by Regulation (EU) 2018/1139

, will continue to apply. The existing

arrangements regarding the rights, privileges and immunities of EASA and its staff will be

replaced by the above-mentioned model.

A protocol on State aid is attached to the agreement and will be accompanied by a joint

declaration.

Land transport agreement

Under the updated Land transport agreement, as in its original version, Switzerland will be

obliged to adopt provisions of national law achieving the result to be attained by the Union

legal acts listed in the annex to the agreement.

The updated agreement will clarify that railway undertakings may operate international

passenger rail services between the Union and Switzerland, including international cabotage,

under their own responsibility. The amending protocol will integrate relevant Union

acquis

into the agreement guaranteeing the right to operate international rail freight services in the

Union and Switzerland.

Switzerland will benefit from certain exceptions. For example, Switzerland will be able to

give priority to rail services which are part of the Swiss interval-service timetable. Inversely,

the Union or its Member States may give priority on their territories to Union companies

operating passenger rail services over a Swiss international passenger rail service that

operates a part of the international service under the Swiss interval-service timetable.

Switzerland will also have the right to adopt capacity management instruments providing for a

minimum number of train paths per hour for defined types of traffic, including freight,

regional and long-distance passenger traffic that may also serve an international purpose. It

will also have the possibility to oblige passenger transport companies to participate in the

Swiss ticketing and price integration system, while guaranteeing pricing freedom to the

companies. Swiss competent authorities will also be able to directly award public service

contracts in rail transport, subject to specific conditions guaranteeing that the Union’s internal

market for the Union’s territory is not affected.

Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common

rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and

amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014

and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and

repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the

Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).

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While being covered by an exception to dynamic alignment, the existing Swiss system of

charges for heavy goods vehicles will be brought closer to the Union’s charging system.

Switzerland shall interact with the European Union Agency for Railways as established by

Regulation (EU) 2016/796

as a third country. In line with the applicable Union legislation,

and following their approval by its Management Board, the agency shall agree on

arrangements with the relevant Swiss authorities detailing the nature and extent of the latter’s

participation in the agency’s work.

No additional access to information systems is foreseen. The existing financial modalities will

continue to apply to Switzerland’s access to TACHOnet, as established by Regulation (EU)

No 165/2014 and Commission Implementing Regulation (EU) 2016/68

A protocol on State aid is attached to the agreement and will be accompanied by a joint

declaration. The amending protocol will also be accompanied by a joint declaration.

Mutual recognition agreement

Under the updated Mutual recognition agreement Switzerland will be obliged to adopt

provisions of national law achieving the result to be attained by the Union legal acts listed in

the annex to the agreement. Should the scope of the agreement be extended in the future, the

additional areas will also be subject to the same approach.

The amending protocol to the Mutual recognition agreement only makes limited changes to

the main text and the annex to the agreement to better define the agreement’s purpose and

scope, the applicable procedures and the role of the parties’ authorities and economic

operators, as well as cooperation between the parties.

In all areas covered by the agreement’s Annex 1, Switzerland will be obliged to adopt

legislation to attain the same result as the Union

acquis

listed in that annex. The relevant

provisions under Swiss law will no longer be listed in the annex. The sole exception to this

rule concerns Chapter 11 of Annex 1, where provisions of Swiss law will continue to be

listed. This reflects an agreed exception with respect to Directive 2007/45/EC

In certain areas, Switzerland’s access to decision-shaping will be limited. As a rule, it will not

have access to relevant expert groups and comitology committees dealing with medicinal

products. Nor shall it have access to the European Medicines Agency. In the area of medical

devices, Switzerland’s role in committees and expert groups will be limited to one of

observer.

Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the

European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138,

26.5.2016, p. 1).

Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on

tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment

in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the

Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014,

p. 1) and Commission Implementing Regulation (EU) 2016/68 of 21 January 2016 on common

procedures and specifications necessary for the interconnection of electronic registers of driver cards

(OJ L 15, 22.1.2016, p. 51), as amended by Commission Implementing Regulation (EU) 2017/1503 of

25 August 2017 (OJ L 221, 26.8.2017, p. 10).

Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down

rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and

80/232/EEC, and amending Council Directive 76/211/EEC (OJ L 247, 21.9.2007, p. 17).

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Under the updated agreement Switzerland will have access and will contribute financially to

the EudraGMDP information system on the Community code relating to medicinal products

for human use, as established by Directive 2004/27/EC

Electricity agreement

The Electricity agreement will provide for dynamic alignment by Switzerland on current and

future Union legal acts in the area of electricity.

The purpose of the Electricity agreement is to allow Switzerland’s access to the Union’s

internal electricity market. It aims e.g. to foster cross-border electricity trade; to guarantee the

integrity and transparency of the electricity market as well as the equal treatment of all market

participants therein; to ensure the stability of electricity networks and security of supply; as

well as to promote electricity produced from renewable energy sources. The agreement

defines the rules and concepts applicable to the internal electricity markets as well as the roles

and responsibilities of actors such as transmission system and distribution system operators. It

also foresees a transitional arrangement for pre-existing long-term capacity reservations on

interconnectors at the Swiss border, which are not compatible with the

acquis.

With regard to environmental protection in the electricity sector, Switzerland is obliged to

adopt or maintain provisions of Swiss law laying down requirements that ensure at least the

same level of protection as laid down in the relevant

acquis.

Such provisions may not

constitute an obstacle to the free access to the Swiss market of goods and services from the

Union that comply with the requirements laid down in the relevant

acquis.

An exception to

the obligation of dynamic alignment is foreseen that allows Switzerland to take necessary,

proportionate and non-distorting measures to ensure security of electricity supply, by

establishing and having in place electricity reserves, to the extent they are compatible with the

agreement.

Under the agreement, Switzerland will be able to participate in and will have to contribute to

the financing of the European Union Agency for the Cooperation of Electricity Regulators

(ACER), as established by Regulation (EU) 2019/942

. The agreement includes a standard

appendix on the rights, privileges and immunities of ACER and its staff. Switzerland will also

have access and will financially contribute, in accordance with the standard financial

modalities, to the Union Database, as established by Directive (EU) 2018/2001, on the

promotion of the use of energy from renewable sources

The agreement includes provisions on State aid and will be accompanied by a joint

declaration.

Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending

Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ L 136,

30.4.2004, p. 34).

Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a

European Union Agency for the Cooperation of Energy Regulators (OJ L 158, 14.6.2019, p. 22).

Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the

promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

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Protocol on the

Common

Food Safety Area

The

Protocol on the Common Food Safety Area

will provide for dynamic alignment and

simultaneous application by Switzerland across the entire Union

acquis

linked to the food

chain.

The current SPS-related annexes to the existing Agreement on trade in agricultural products

will be removed from the Agreement on trade in agricultural products and their subject matter

will be dealt with in the

Protocol on the Common Food Safety Area.

It is from those annexes

that the Agreement on trade in agricultural products in its current form derives its present

qualification as an agreement in a field related to the internal market in which Switzerland

participates.

The

Protocol on the Common Food Safety Area

which supplements the Agreement on trade in

agricultural products will remain linked to the Agreement on trade in agricultural products in

that if either the agreement or protocol is ended, the other instrument will be automatically

ended as well.

The protocol establishes a Common Food Safety Area that covers all dimensions of the food

chain. Its objectives are

e.g.

to enhance food and feed safety, to ensure a high level of human,

animal and plant health, to combat antimicrobial resistance, and to enhance animal protection

and promote high standards of animal welfare.

In addition to dynamic alignment with regard to all legal acts in the Union

acquis

related to

the entire food chain, the

Protocol on the Common Food Safety Area

includes an obligation for

Switzerland to temporarily apply any non-legislative acts based on the applicable secondary

legislation from the date such non-legislative acts become applicable in the Union, and until

the date of the Joint Committee’s decision on the act’s incorporation, in order to guarantee

their simultaneous application across the entire Common Food Safety Area.

Exceptions to the obligation of dynamic alignment will allow Switzerland, under certain

conditions, to maintain provisions of national law regarding genetically modified organisms

and animal welfare. In addition, Switzerland will also be able to maintain its measures

regarding the import of bovine meat from cattle potentially treated with hormonal growth

promoters, provided such bovine meat is not moved into the Union.

It will be possible to take compensatory measures in case of non-compliance by a party with

the decision of an arbitral tribunal in either the

Protocol on the Common Food Safety Area

any other agreement in a field related to the internal market in which Switzerland participates,

or the Agreement on trade in agricultural products.

To allow Switzerland to prepare the change from the current system based on equivalence to a

system based on the principle according to which the Union

acquis

itself applies

simultaneously in its territory, the

Protocol on the Common Food Safety Area

foresees that the

current SPS-related annexes to the Agreement on trade in agricultural products will continue

to have legal effects for a transitional period of maximum 24 months. After expiry of that

period, all provisions of the

Protocol on the Common Food Safety Area

will fully apply.

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The protocol foresees Switzerland’s access to the European Food Safety Authority (EFSA), as

established by Regulation (EC) No 178/2002

, and includes the standard appendix on its

rights, privileges and immunities as well as those of its staff. The protocol also foresees a

financial contribution of Switzerland in accordance with the above-mentioned standard

financial modalities to the financing of EFSA as well as the following information systems:

–

the EUROPHYT Portal, as established by Commission Directive 94/3/EC

the Rapid Alert System for Food and Feed (RASFF), as established by

Regulation (EC) No 178/2002

the platform for sanitary and phytosanitary certification (TRACES), as established by

Regulation (EU) 2017/625

, and

the Animal Diseases Information

Regulation (EU) 2020/2002

System

(ADIS),

established

Agreement on trade in agricultural products

Once amendments to the Agreement on trade in agricultural products introduced by the

specific amending protocol will enter into force, the agreement on trade in agricultural

products will no longer be considered as an agreement in a field related to the internal market

in which Switzerland participates.

After deletion of the SPS-related annexes to the Agreement on trade in agricultural products,

the scope of the amended agreement, including its remaining annexes will be limited to trade

aspects. Accordingly, the concepts of uniform interpretation and application of the Union

acquis,

the role of the Court of Justice of the European Union, dynamic alignment and State

aid rules are not relevant. The institutional framework foreseen in this agreement therefore

differs from the one in the

Protocol on the Common Food Safety Area.

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying

down the general principles and requirements of food law, establishing the European Food Safety

Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

Commission Directive 94/3/EC of 21 January 1994 establishing a procedure for the notification of

interception of a consignment or a harmful organism from third countries and presenting an imminent

phytosanitary danger (OJ L 32, 5.2.1994, p. 37).

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying

down the general principles and requirements of food law, establishing the European Food Safety

Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official

controls and other official activities performed to ensure the application of food and feed law, rules on

animal health and welfare, plant health and plant protection products, amending

Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009,

(EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European

Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and

Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing

Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council,

Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and

97/78/EC and Council Decision 92/438/EEC (OJ L 95, 7.4.2017, p. 1).

Commission Implementing Regulation (EU) 2020/2002 of 7 December 2020 laying down rules for the

application of Regulation (EU) 2016/429 of the European Parliament and of the Council with regard to

Union notification and Union reporting of listed diseases, to formats and procedures for submission and

reporting of Union surveillance programmes and of eradication programmes and for application for

recognition of disease-free status, and to the computerised information system (OJ L 412, 8.12.2020,

p. 1).

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The amending protocol will update the dispute settlement mechanism along the lines of the

established practice in the Union’s and Switzerland’s trade agreements. The applicable

dispute settlement procedure will be based on the one included in the agreements in fields of

the internal market in which Switzerland participates. The agreement also shares with them a

set of common provisions regarding the arbitral tribunal. No role is foreseen for the Court of

Justice of the European Union in dispute settlement. Compensatory measures in case of non-

compliance by a party with the decision of an arbitral tribunal can be taken in either the

Agreement on trade in agricultural products or the

Protocol on the Common Food Safety Area,

but not in other agreements in fields related to the internal market in which Switzerland

participates.

Cooperation agreements in the areas of health, cohesion and space

Health agreement

The Health agreement aims at strengthening EU-Switzerland cooperation regarding serious

cross-border threats to health by integrating Switzerland in the relevant mechanisms and

bodies.

It does not constitute an agreement in a field related to the internal market in which

Switzerland participates. However, it applies the above-mentioned identical institutional

provisions

by analogy

and includes an obligation of dynamic alignment with the relevant

Union acquis.

The agreement shares with the agreements in fields related to the internal market in which

Switzerland participates a set of common provisions regarding the arbitral tribunal, including

a role for the Court of Justice of the European Union. In case of disputes, compensatory

measures to remedy a potential imbalance can be taken in either the Health agreement or the

health component (EU4Health) of the Agreement on Union programmes.

The agreement foresees Switzerland’s access and financial contribution in accordance with

the standard financial modalities to the European Centre for Disease Prevention and Control

(ECDC), as established by Regulation (EC) No 851/2004

. It includes the standard appendix

on the rights, immunities and privileges of the ECDC and its staff.

In the case of the Early Warning and Response System (EWRS), as established by

Regulation (EU) 2022/2371

, the Swiss financial contribution under the current Multiannual

Financial Framework (MFF) will be part of its contribution to the financing of the ECDC on

the one hand and the EU4Health programme on the other. If, under the next MFF, the EWRS

would be financed through different sources, the aforementioned modalities will apply to the

Switzerland’s contribution to the EWRS.

Agreement on cohesion

The Agreement on cohesion is not an agreement in a field related to the internal market in

which Switzerland participates.

Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004

establishing a European Centre for disease prevention and control (OJ L 142, 30.4.2004).

Regulation (EU) 2022/2371 of the European Parliament and of the Council of 23 November 2022 on

serious cross-border threats to health and repealing Decision No 1082/2013/EU (OJ L 314, 6.12.2022,

p. 26).

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It establishes the basis for a regular financial contribution of Switzerland to the reduction of

economic and social disparities in the Union, in complement to the Union and Member State

measures in the area of cohesion.

The agreement lays down the parameters and rules for the determination of Switzerland’s

financial contribution. Contribution periods will be defined in function of the applicable

multiannual financial framework of the Union. The first contribution period is foreseen to run

from 1 January 2030 to 31 December 2036. It will be complemented by a one-time additional

financial commitment covering the period between the end of 2024 and the end of 2029.

At the beginning of every contribution period, the parties will have to conclude a

Memorandum of Understanding (MoU) describing the thematic areas in which the Swiss

financial contribution may be used during that period, e.g.: inclusive human and social

development, sustainable and inclusive economic development, green transition, democracy

and participation, or migration.

The MoU should also spell out the amount of the financial contribution, determined on the

basis of the rules set out in the agreement. Switzerland’s financial contribution will not be

transferred to the Union budget.

The MoU will form the basis for country-specific implementation agreements between

Switzerland and beneficiary Member States. These agreements will specify the country-

specific allocation of funds, as well as their distribution between thematic areas, support

measures, the structures for management and control and applicable conditions, and

competent authorities in the Member State in question.

The agreement’s dispute settlement mechanism has commonalities but also differences with

the one included in the agreements in fields related to the internal market in which

Switzerland participates. It notably shares with them a set of common provisions regarding

the arbitral tribunal. However, it does not foresee a role for the Court of Justice of the

European Union. In case of disputes, compensatory measures to remedy a potential imbalance

can be taken in either the Agreement on cohesion or any of the agreements listed in the

Agreement on cohesion.

Agreement on the Agency for the Space Programme

The Agreement on the Agency for the Space Programme is not an agreement in a field related

to the internal market in which Switzerland participates. It spells out the conditions under

which Switzerland has a right to participate in the European Union Agency for the Space

Programme (EUSPA), as established by Regulation (EU) 2021/696

. It is based on the EU-

Switzerland agreement of 2014 on the European Satellite Navigation Programmes

. The

Agreement on the Agency for the Space Programme foresees that the Parties will

provisionally apply it following its signature.

Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing

the Union Space Programme and the European Union Agency for the Space Programme and repealing

Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision

No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).

Cooperation Agreement between the European Union and its Member States, of the one part, and the

Swiss Confederation, of the other, on the European Satellite Navigation Programmes (OJ L 15,

20.01.2014, p. 3).

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The agreement establishes the Swiss financial contribution to the EUSPA, using the same

contribution key to calculate the operation and participation fees as the one established in the

agreements in fields related to the internal market in which Switzerland participates as of

2028. Depending on the date as of when the agreement will be provisionally applied, the

percentage of the operational fee on the basis of which the participation fees will be calculated

will be 2% and 3% for 2026 and 2027 respectively. As of 2028, the percentage will be the

same as the one used in other agreements that foresee the participation of Switzerland in

agencies,

i.e.

4%.

The agreement also allows Switzerland’s participation in activities related to other

components of the space programme, beyond Galileo and the European Geostationary

Navigation Overlay Service (EGNOS) as established in the 2014 agreement, if a protocol to

the Agreement on Union programmes so provides.

The agreement includes the standard appendix regarding EUSPA’s rights, immunities and

privileges and those of its staff.

Protocol on parliamentary cooperation

The Protocol on parliamentary cooperation establishes a Joint Parliamentary Committee as

forum for dialogue and debate between members of the European Parliament and the Swiss

Federal Assembly. Its aim is to further the mutual understanding of and reflection on the

broad EU-Switzerland relationship, including its possible further development. The Joint

Parliamentary Committee shall be informed on a regular basis of the decisions and

recommendations of the Joint Committees established by any of the agreements that form part

of the broad package. It may request any relevant information regarding the implementation

of any agreement within the broad package and may make recommendations to the Parties.

Joint declaration on the establishment of a high-level dialogue between the Union and

Switzerland

The aims of the high-level dialogue to be established are:

–

to promote the mutual understanding and cooperation on the negotiated broad

bilateral package and the possible further development of their bilateral relations;

to discuss issues of mutual interest, in particular Switzerland’s participation in the

internal market and possibilities to strengthen their partnership; and

to evaluate the implementation of the broad bilateral package, the work of the Joint

Committees and the possible further development of their bilateral relations.

Signing and texts of the agreements

The texts of the agreements and protocols are submitted to the Council together with this

proposal. The texts of the joint declarations accompanying various agreements or protocols

are submitted together with this proposal, together with a joint declaration on the

establishment of a high-level dialogue between the Union and Switzerland and two unilateral

declarations by Switzerland with regard to respectively the Free movement of persons

agreement and the Health agreement.

In accordance with the Treaties, it is for the Commission to ensure the signing of the

agreements and protocols, subject to their conclusion at a later date. In addition, the text of the

joint declaration on the high-level dialogue should be signed by the European Commission on

behalf of the Union.

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Table 1: Overview of institutional and other provisions common to the agreements in fields related the internal market in which Switzerland

participates and the Health agreement

Provisions of the agreement

General provisions

Alignment of the agreement on

legal acts of the

Union

Interpretation and application

of the agreement

Other provisions

Identical provisions on

–

institutional objectives and/ or purpose of the agreement

nature of the agreement and relation of protocols to the agreement (in case of an existing agreement)

obligation for the Joint Committee to integrate new acts falling within the scope of the agreement into the agreement

participation in the drafting of a legal act (“decision shaping”) and the integration of legal acts in the agreement

fulfilment of constitutional obligations by Switzerland

uniform interpretation, effective and harmonious application, and exclusivity principles

procedure in the event of difficulty of interpretation or application, compensatory measures and cooperation between

jurisdictions

Joint Committee

Switzerland’s financial contribution to the financing of the agencies and information systems to which it has access

handling of information

references in

Union

legal acts to: territories and nationals of Member States, entry into force and implementation of

legal acts, addressees, rights and obligations of Member States

entry into force and implementation

modifications and termination

list of activities, bodies and information systems

payment modalities

transitional arrangements (where relevant)

registry and secretarial services of the arbitral tribunal

initiation of dispute settlement

composition of the arbitral tribunal

arbitration proceedings

decisions of the arbitral tribunal

Final provisions

Annex on implementation of

Switzerland’s financial

contribution

Annex / appendix on the

arbitral tribunal

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Appendix on privileges and

immunities of agencies

–

inviolability of premises, building and archives of the agency

tax exemption of assets, revenues and goods and services for official use

diplomatic status of correspondence and communications

privileges, immunities, taxation and coverage social security of officials covered by the Staff Regulations

Table 2: Provisions on State aid common to the Electricity agreement and the State aid protocols to the Agreements on air transport and on land

transport

Part / chapter of the State aid

protocol or annexes

Main text

Identical provisions on

–

Annex on exemptions and

clarifications

Annex on general and sectoral

acts applicable in the

Union

–

State aid-related objectives

relation of the protocol to the existing agreement (in case of an existing agreement)

State aid incompatible and compatible with the agreement, and existing aid

surveillance, transparency, modalities of cooperation and consultations

integration of legal acts

ratification and entry into force, modifications and termination

measures compatible with the proper functioning of the internal market

general acts applicable to all sectors, complemented with sectoral rules specific to the area covered by the agreement in

question

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2025/0163 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union, of a broad package of agreements to

consolidate, deepen and expand the bilateral relations with the Swiss Confederation, and

on the provisional application of the Agreement on the terms and conditions for the

participation of the Swiss Confederation in the European Union Agency for the Space

Programme

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8)

thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

On 12 March 2024, the Council authorised the Commission to open negotiations with

the Swiss Confederation (hereafter also referred to as “Switzerland”) for a broad

package of measures related to bilateral relations with Switzerland, comprising of

institutional and State aid provisions in, and, where necessary, specific adaptations to,

agreements between the Union and Switzerland in fields related to the internal

market

, of an agreement on Switzerland’s participation in Union programmes and an

agreement that forms the basis for Switzerland’s permanent contribution towards

reducing economic and social disparities between regions

. The Council had also

authorised the Commission to open negotiations with Switzerland on new agreements

on electricity, health, food safety, the participation of Switzerland in the European

Union Agencies for the Union Space Programme and for Railways, and on the

amendment of the Agreement between the European Community and the Swiss

Confederation on air transport to allow for cabotage.

The Commission has negotiated, on behalf of the Union, a broad package of

agreements which includes protocols on institutional, State aid and amending

provisions to existing agreements between the European Community and the Swiss