kom (2025) 0308 - Ingen titel

Europaudvalget 2025
KOM (2025) 0308
Offentligt

EUROPEAN

COMMISSION

Brussels, 13.6.2025

COM(2025) 308 final

ANNEX 1

ANNEX

to the

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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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

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THE EUROPEAN UNION, hereinafter referred to as "the Union",

and

THE SWISS CONFEDERATION, hereinafter referred to as

"Switzerland";

HAVING REGARD 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, done at

Brussels on 21 June 1999, (hereinafter referred to as the

"Agreement"),

which entered into force

on 1 June 2002;

HAVING REGARD to the Protocol to the Agreement of 21 June 1999 between the European

Community and its Member States, of the one part, and the Swiss Confederation, of the other, on

the free movement of persons regarding the participation, as Contracting Parties, of the Czech

Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of

Slovenia and the Slovak Republic pursuant to their accession to the European Union, done at

Brussels on 26 October 2004, which entered into force on 1 April 2006;

HAVING REGARD to the Protocol to the Agreement of 21 June 1999 between the European

Community and its Member States, of the one part, and the Swiss Confederation, of the other, on

the free movement of persons regarding the participation as Contracting Parties of the Republic of

Bulgaria and Romania pursuant to their accession to the European Union, done at Brussels

on 27 May 2008, which entered into force on 1 June 2009;

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HAVING REGARD to the 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, done at Brussels of 4 March 2016, which entered into force

on 1 January 2017;

WHEREAS agreements concluded by the Union are binding upon the institutions of the Union and

on its Member States; this Protocol therefore applies to the Contracting Parties as set out in the

Agreement;

HAVE AGREED AS FOLLOWS:

ARTICLE 1

Amendments to the Agreement

The Agreement is amended as follows:

(1)

in the preamble, the following recitals are inserted after the second recital:

"RECOGNISING that the freedom of movement is an important aspect of the internal market

and that securing the right of nationals of the Contracting Parties, as well as their family

members, to enter and reside in the respective territories, free of unjustified restrictions and

with full respect for the right of equal treatment, serves to strengthen the functioning of the

parts of the internal market in which Switzerland participates;

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CONSCIOUS of ensuring uniformity in the parts of the internal market in which Switzerland

participates, it being understood that the Agreement is to be interpreted in accordance with the

uniform interpretation principle set out in Article 7 of the Institutional Protocol to this

Agreement. The competence of the Swiss Federal Court and all other Swiss courts as well as

of the Member States of the European Union's courts and the Court of Justice of the

European Union to interpret this Agreement in individual cases is preserved;

RECALLING that the freedom of movement and the right to equal treatment extends to

nationals of one Contracting Party who exercise or seek to exercise their free-movement

rights without having moved or without having yet moved to reside in the territory of another

Contracting Party. Equally, certain rights linked to the past exercise of free movement,

including the right to equal treatment, may continue to apply after the national of a

Contracting Party has ceased residing in the territory of another Contracting Party;

FURTHER RECALLING that the free movement of persons encompasses workers,

self-employed persons and persons who are economically inactive, provided that such persons

comply with the requirements for lawful residence set out in this Agreement, including, where

applicable, the possession of sufficient resources and comprehensive sickness insurance, so as

not to become an unreasonable burden on the social assistance systems of the Contracting

Parties;

UNDERLINING the objective of consolidating and developing the Union and Switzerland's

comprehensive partnership to its full potential,";

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(2)

Article 4 is replaced by the following:

"ARTICLE 4

Right of residence and access to an economic activity

The right of residence and access to an economic activity shall be guaranteed in accordance

with Annex I.";

(3)

the following articles are inserted:

"ARTICLE 4a

Right of establishment

A national of a Contracting Party shall have the right of establishment in the territory of

another Contracting Party in order to pursue a self-employed activity.

Within the framework of the provisions of this Agreement, restrictions on the freedom

of establishment of nationals of a Contracting Party in the territory of another Contracting

Party shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of

agencies and branches by nationals of any Contracting Party established in the territory of any

Contracting Party.

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ARTICLE 4b

Equal treatment of self-employed persons

As regards access to a self-employed activity and the pursuit thereof, a self-employed

person shall be afforded no less favourable treatment in the host country than that accorded to

its own nationals.

The provisions of Articles 7 to 10 of Regulation (EU) No 492/2011

shall apply

mutatis mutandis

to the self-employed persons referred to in this Agreement.";

(4)

in Article 5, paragraph 4 is replaced by the following:

"4.

The rights referred to in this Article shall be guaranteed in accordance with

Annexes I, II and III.";

(5)

the following articles are inserted:

"ARTICLE 5a

Provision of services

With regard to the provision of services, the following shall be prohibited under Article 5 of

this Agreement:

(a)

any restriction on the cross-frontier provision of services in the territory of a

Contracting Party not exceeding 90 days of actual work per calendar year;

Regulation (EU) No 492/2011 (OJ L 141, 27.05.2011 p. 1), as applicable according to

Annex I.

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(b)

any restriction on the right of entry and residence in the cases covered by Article 5(2) of

this Agreement concerning employees, who do not have the nationality of one of the

Contracting Parties, of persons providing services, who are integrated into one

Contracting Party's regular labour market and posted for the provision of a service in the

territory of another Contracting Party without prejudice to Article 7i.

ARTICLE 5b

Companies providing services

The provisions of Article 5a shall apply to companies formed in accordance with the law of

the Contracting Parties and having their registered office, central administration or principal

place of business in the territory of a Contracting Party.

ARTICLE 5c

Equal treatment of persons providing services

A person providing services who has the right or has been authorised to provide a service

may, for the purposes of its provision, temporarily pursue his activity in the state in which the

service is provided on the same terms as those imposed by that state on its own nationals, in

accordance with the provisions of this Agreement and Annexes I, II and III.

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ARTICLE 5d

Rules regarding the residence of persons providing services

Persons providing services who are nationals of the Member States of the Union or

Switzerland and are established in the territory of a Contracting Party other than that of the

person receiving services and employees, irrespective of their nationality, of persons

providing services, who are integrated into one Contracting Party's regular labour market and

posted for the provision of a service in the territory of another Contracting Party who have the

right, or have been authorised, to provide a service for a period exceeding 90 days of actual

work per calendar year shall receive, to substantiate that right, a residence permit for a period

equal to that of the provision of services exceeding 90 days of actual work per calendar year.

For the purposes of issuing such permits, the Contracting Parties may not require of the

persons referred to in paragraph 1 more than:

(a)

a valid identity card or passport, without prejudice to Article 7i;

(b)

evidence that they are providing, or wish to provide, a service.

ARTICLE 5e

Duration of provision of services

The total duration of provision of services under point (a) of Article 5a, whether

continuous or consisting of successive periods of provision, may not exceed 90 days of actual

work per calendar year.

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The provisions of paragraph 1 shall be without prejudice to the discharge by the person

providing a service of his legal obligations under the guarantee given to the person receiving

the service or to causes of force majeure.

ARTICLE 5f

Rules applicable to the provision of services

The provisions of Articles 5a and 5c shall not apply to activities involving, even on an

occasional basis, the exercise of public authority in the Contracting Party concerned.

The provisions of Articles 5a and 5c and measures adopted by virtue thereof shall not

preclude the applicability of laws, regulations and administrative provisions providing for the

application of working and employment conditions to employed persons posted for the

purposes of providing a service, in accordance with the relevant Union legal acts on the

posting of workers referred to in Annex I.

The provisions of point (a) of Article 5a, and Article 5c shall be without prejudice to the

applicability of the laws, regulations and administrative provisions prevailing in all

Contracting Parties at the time of this Agreement's entry into force on 1 June 2002 in respect

of:

(i)

the activities of temporary and interim employment agencies. In particular,

Switzerland's dynamic alignment to Regulation (EU) 2016/589

shall not result in

Switzerland no longer being able to apply its national laws, regulations and

administrative provisions to these activities;

Regulation (EU) 2016/589 (OJ L 107, 22.4.2016, p. 1), as applicable according to Annex I.

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(ii)

financial services where provision is subject to prior authorisation in the territory of a

Contracting Party and the provider to prudential supervision by that Contracting Party's

authorities.

ARTICLE 5g

Prior notification period and controls

Switzerland shall be able to apply a prior notification period of a maximum of four

working days in specific sectors before the beginning of the provision of service for service

providers that are self-employed and provide services in its territory as well as before the

posting for service providers that post workers on its territory in order to carry out on-site

controls.

Switzerland shall define autonomously the control quantity and control density, as well

as the sectors and areas to be controlled, including sectors and areas not covered by the prior

notification period of a maximum of four working days, on the basis of an objective risk

analysis, in a proportionate and non-discriminatory manner, taking into account that the

Agreement limits the freedom to provide services to 90 days of actual work per calendar year.

The determination of the sectors shall be reviewed and updated periodically.

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ARTICLE 5h

Financial guarantees and sanctions

In the case of service providers that have failed to meet their financial obligations towards

enforcement authorities and bodies referred to in the Joint Declaration on effective control

systems including Switzerland's dual enforcement system with regard to a previous provision

of services, Switzerland shall be able to require the deposit of a proportionate financial

guarantee before they may provide services again in sectors determined on the basis of an

autonomous and objective risk analysis.

In case of non-payment of the financial guarantee, Switzerland shall be able to impose

proportionate sanctions up to the prohibition to provide services until the payment of the

guarantee.

ARTICLE 5i

Proof of self-employment

In order to combat the phenomenon of bogus self-employment through efficient and

risk-based controls, Switzerland shall be able to require self-employed service providers to

provide documents allowing for effective controls within the framework of ex-post controls

(at most: confirmation of registration, if applicable; proof of registration with the social

security authorities as a self-employed person in the country of residence; proof of the

contractual relationship).

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ARTICLE 5j

Non-regression

In order to maintain the level of protection of posted workers as agreed between

Switzerland and the Union in this Agreement at the time of the entry into force of the

Amending Protocol, amendments to Directives 96/71/EC

and 2014/67/EU

or new legal acts

of the Union in the area of posting of workers shall, notwithstanding Article 5 of the

Institutional Protocol to this Agreement, not be integrated into this Agreement to the extent

that their effect would be to meaningfully weaken or reduce the level of protection of posted

workers with regard to the terms and conditions of employment, notably remuneration and

allowances.

For the purposes of paragraph 1, any change to the level of protection of posted workers

shall be assessed in its globality, taking into account all relevant provisions of this Agreement.

ARTICLE 5k

Persons receiving services

Nationals of a Member State of the Union or of Switzerland entering the territory of a

Contracting Party solely to receive services may be required to register in accordance with the

acts referred to in Annex I.";

Directive 96/71/EC (OJ L 18, 21.1.1997, p. 1), as applicable according to Annex I at the time

of the entry into force of the Amending Protocol.

Directive 2014/67/EU (OJ L 159, 28.5.2014, p. 11), as applicable according to Annex I at the

time of the entry into force of the Amending Protocol.

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(6)

the following articles are inserted:

"ARTICLE 7a

Frontier worker

A frontier worker is a national of a Contracting Party who pursues an activity as an employed

or self-employed person in a Contracting Party and who resides in the other Contracting Party

to which he returns, as a rule, daily or at least once a week.

The competent authorities of the Contracting Party where the frontier worker pursues the

activity for periods of work longer than three months per calendar year may register the

frontier worker for declaratory purposes.

The competent authorities shall issue a declaratory registration certificate to the frontier

worker free of charge or for a charge not exceeding that imposed on nationals for the issuing

of similar documents.

Registration pursuant to this Article shall be without prejudice to the rights and obligations of

the frontier workers concerned provided for in the acts referred to in the Annexes to this

Agreement. For periods of work shorter than or up to three months the Contracting Parties

may apply the notification procedure according to the Joint Declaration on the notification of

the taking up of employment.

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ARTICLE 7b

Students

A student who does not have a right of residence in the territory of the other Contracting Party

on the basis of any other provision of this Agreement may be required to register in

accordance with the acts referred to in Annex I. This Agreement does not regulate access to

vocational training or maintenance assistance given to the students covered by this Article.

(a)

notwithstanding the foregoing sentence, Article 2 shall apply, regardless of the student's

place of residence, to tuition fees and all other fees or charges related to studies, as well

as all public support mechanisms related thereto, applicable to students at;

(i)

universities, university institutes, universities of applied sciences, universities of

applied sciences institutes and affiliated higher education institutions to any of

these in Switzerland, financed in majority by public funds, and

(ii)

any corresponding institution in the Union;

(b)

subject to the preservation of the quality and of the specificities of its respective

existing education systems, including its admission systems and organisation of

competences, each Contracting Party shall not reduce the overall level of students in its

institutions mentioned under point (a) who are nationals of the other Contracting Parties

and who did not have a right of residence in its territory before taking up their studies,

as of the date of the entry into force of this provision. For the purpose of clarity, the

foregoing sentence shall not imply an obligation for the Contracting Parties to modify

their respective admission systems nor to increase the aforementioned level of students

or to reserve a minimal level of places for students from the other Contracting Parties;

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(c)

the Contracting Parties shall not discriminate amongst nationals of the other Contracting

Parties in application of points (a) and (b).

ARTICLE 7c

Exercise of public authority

A national of a Contracting Party pursuing an activity as an employed person may be

refused the right to take up employment in the public service which involves the exercise of

public power and is intended to protect the general interests of the State or other public

bodies.

A self-employed person may be denied the right to pursue an activity involving, even on

an occasional basis, the exercise of public authority.

ARTICLE 7d

Public policy

The rights granted under the provisions of this Agreement may be restricted only by means of

measures which are justified on grounds of public policy, public security or public health.

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ARTICLE 7e

Permanent residence

Switzerland and the Member States may decide to grant the right of permanent residence

pursuant to Article 16 of Directive 2004/38/EC

as, respectively, only to Union citizens and

Swiss nationals having resided legally for a total of five years in the host State as workers or

self-employed persons, including those that retain that status in accordance with that

Directive, as well as the family members of such persons. Provided that they are part of a

single period of legal residence in the host State, the periods to be taken into account shall not

be required to be continuous but may be interrupted by periods of legal residence as

economically inactive persons.

For the purpose of calculating the periods necessary for the acquisition of the right of

permanent residence in accordance with the first subparagraph, Switzerland and the

Member States may decide not to take into account periods of six months or more during

which the person is fully reliant on social assistance.

Subject to the Joint Declaration on refusing social assistance and terminating residence prior

to the acquisition of permanent residence and in accordance with Article 10(6) of the

Institutional Protocol to this Agreement, the rules on residence in Article 7 of

Directive 2004/38/EC

shall remain applicable to persons who do not qualify for the right of

permanent residence.

Directive 2004/38/EC (OJ L 158, 30.4.2004, p. 77), as applicable according to Annex I.

Directive as applicable according to Annex I.

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ARTICLE 7f

Purchase of immovable property

Nationals of a Contracting Party who have a right of residence and their principal

residence in the host state shall enjoy the same rights as a national as regards the purchase of

immovable property. They may set up their principal residence in the host state at any time in

accordance with the relevant national rules irrespective of the duration of their employment.

Leaving the host state shall not entail any obligation to dispose of such property.

Nationals of a Contracting Party who have a right of residence but do not have their

principal residence in the host state shall enjoy the same rights as a national as regards the

purchase of immovable property needed for their economic activity. Leaving the host state

shall not entail any obligation to dispose of such property. They may also be authorised to

purchase a second residence or holiday accommodation. For this category of nationals, this

Agreement shall not affect the rules applying to pure capital investment or business of unbuilt

land and apartments.

Frontier workers, nationals of a Contracting Party, shall enjoy the same rights as a

national as regards the purchase of immovable property for their economic activity and as a

secondary residence. Leaving the host state shall not entail any obligation to dispose of such

property. They may also be authorised to purchase holiday accommodation. For this category

of nationals, this Agreement shall not affect the rules applying in the host state to pure capital

investment or business of unbuilt land and apartments.

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ARTICLE 7g

Identity cards

Switzerland may continue to issue identity cards that do not include a storage medium

containing the holder's fingerprints. Such identity cards shall be visually distinguishable from

identity cards complying with the requirements of the acts referred to in Annex I concerning

such documents. Any such identity cards issued from one year after the entry into force of the

Amending Protocol cannot be used by Swiss nationals to exercise free movement.

ARTICLE 7h

Expulsion

As far as restrictions on the right of entry and the right of residence on grounds of public

policy or public security of each other's nationals are concerned, the obligations of

Switzerland and of the Member States under the Agreement prior to the entry into force of the

Amending Protocol shall be maintained.

Therefore, the following developments introduced by Chapter VI of Directive 2004/38/EC

going beyond these obligations, namely enhanced protection against expulsion provided for in

Article 28(2) and (3), as well as the case-law of the Court of Justice linked to these provisions,

shall not apply. In addition, as regards expulsions referred to in Article 33(2) of the Directive,

Switzerland and the Member States may, instead of applying the procedures laid down in that

provision, ensure that expulsions are carried out in line with the requirements under the

Agreement prior to the entry into force of the Amending Protocol.

Directive as applicable according to Annex I.

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ARTICLE 7i

Entry of third-country nationals

The Contracting Parties may not require entry visa or equivalent requirements from posted

workers who do not have the nationality of a Contracting Party and who enjoy a right of entry

without such requirements according to the legal acts of the Union integrated into Annex I or

any other instrument in force between the Contracting Parties. For those posted workers who

require entry visa or equivalent requirements, the Contracting Party concerned shall grant

these persons every facility for obtaining any necessary visas.";

(7)

Article 10 is replaced by the following:

"ARTICLE 10

Changes in European Union membership

Any extension of the Agreement to new Member States shall be subject to agreement between

the Parties, in accordance with their internal procedures, by means of a protocol. Unless

otherwise agreed, such protocol shall include transitional measures, taking into account the

specific economic and social situation in the Union, in particular in the new Member States,

and Switzerland, having regard to the longstanding practice of past extensions of this

Agreement.";

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(8)

Article 14 is replaced by the following:

"ARTICLE 14

Joint Committee

A Joint Committee is hereby established.

The Joint Committee shall be composed of representatives of the Contracting Parties.

The Joint Committee shall be co-chaired by a representative of the Union and a

representative of Switzerland.

The Joint Committee shall:

(a)

ensure the proper functioning and the effective administration and application of this

Agreement;

(b)

provide a forum for mutual consultation and a continuous exchange of information

between the Contracting Parties, in particular with a view to finding a solution to any

difficulty of interpretation or application of the Agreement or of a legal act of the Union

to which reference is made in the Agreement in accordance with Article 10 of the

Institutional Protocol to this Agreement;

(c)

make recommendations to the Contracting Parties in matters pertaining to this

Agreement;

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(d)

adopt decisions where provided for in this Agreement; and

(e)

exercise any other competence granted to it in this Agreement.

The Joint Committee shall act by consensus.

Decisions shall be binding on the Contracting Parties, which shall take all necessary measures

to implement them.

The Joint Committee shall meet at least once a year, in Brussels and Bern alternately,

unless the co-chairs decide otherwise. It shall also meet at the request of either Contracting

Party. The co-chairs may agree that a meeting of the Joint Committee be held by

videoconference or teleconference.

The Joint Committee shall adopt its rules of procedure and update them as necessary.

The Joint Committee may decide to set up any working party or group of experts that

can assist it in carrying out its duties.";

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(9)

the following article is inserted:

"ARTICLE 14a

Safeguard clause

In the event of serious economic or social difficulties caused by the application of this

Agreement, the Joint Committee shall meet, at the request of either Contracting Party, to

examine appropriate measures to remedy the situation. The Joint Committee may decide what

measures to take within 60 days of the date of the request. This period may be extended by the

Joint Committee.

If the Joint Committee does not adopt a decision within the deadline laid down in

paragraph 1 with regard to appropriate measures or extending that deadline, the Contracting

Party having made the request may bring the case before an arbitral tribunal in case of serious

economic difficulties. The arbitral tribunal shall hand down its final decision within six

months of its establishment.

If the arbitral tribunal decides that the alleged difficulties have been proven and are

caused by the application of this Agreement, the Contracting Party that made the request may

adopt appropriate measures in order to remedy those difficulties. If the measures adopted by a

Contracting Party in accordance with this paragraph create an imbalance between the

respective rights and obligations under this Agreement, the other Contracting Party may take

appropriate rebalancing measures to remedy that imbalance within the scope of this

Agreement.

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In exceptional circumstances of urgency where a Contracting Party is at risk of very

serious economic harm caused by the application of this Agreement, that Contracting Party

may bring the case before an arbitral tribunal in accordance with the Appendix if the Joint

Committee fails to adopt a decision within 30 days of the request. The arbitral tribunal shall

hand down its final decision within six months of its establishment.

In circumstances referred to in paragraph 4, if the arbitral tribunal decides that,

prima

facie,

the alleged difficulties are fulfilled, the Contracting Parties may adopt interim measures

and, as the case may be, interim rebalancing measures. Article III.10 of the Appendix shall

apply, with exception of paragraph 4(c),

mutatis mutandis.

The measures and rebalancing measures referred to in paragraphs 2 to 5 shall be

adopted within the scope of this Agreement. Their scope and duration shall not exceed what is

strictly necessary to remedy the difficulties or the imbalance they address. Preference shall be

given to measures and rebalancing measures that least disrupt the working of this Agreement.

The measures and rebalancing measures shall be the subject of consultations in the Joint

Committee every three months from the date of their adoption with a view to their abolition

before the date of expiry envisaged or to the limitation of their scope to the strictly necessary.

Each Contracting Party may at any time request the Joint Committee to review such measures

and rebalancing measures.";

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(10) Article 18 is replaced by the following:

"ARTICLE 18

Revision

If a Contracting Party wishes to have this Agreement revised, it shall submit a proposal to that

effect to the Joint Committee.

Amendments to this Agreement shall enter into force after the Contracting Parties's respective

internal procedures have been completed.";

(11) Article 21 is replaced by the following:

"ARTICLE 21

Relationship with agreements on taxation

The provisions of bilateral agreements between Switzerland and the Member States of

the Union on double taxation shall be unaffected by the provisions of this Agreement. In

particular, the provisions of this Agreement shall not affect the double taxation agreements'

definition of 'frontier workers'.

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No provision of this Agreement may be interpreted in such a way as to prevent the

Contracting Parties from distinguishing, when applying the relevant provisions of their tax

legislation, between taxpayers whose situations are not comparable, especially as regards their

place of residence. However, this shall not constitute a means of discrimination or restriction

on the rights of persons as defined under this Agreement.

No provision of this Agreement shall prevent the Contracting Parties from adopting or

applying measures to ensure the imposition, payment and effective recovery of taxes or to

forestall tax avoidance or evasion under their national tax legislation or any other international

or bilateral agreement or arrangement relating wholly or mainly to taxation that either

Switzerland, the Union or any Member State are party to.";

(12) the following articles are inserted:

"ARTICLE 23a

Validity of residence permits and other special permits

Residence permits and other special permits issued by the Contracting Parties prior to the

entry into force of the Amending Protocol shall maintain their validity and shall be replaced,

upon their expiry, by documents provided for in this Agreement, where the conditions for the

issuance of those documents are met.

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ARTICLE 23b

Transitional arrangements

With regard to matters falling within the scope of Directive 2004/38/EC

the transitional

arrangements laid down in this paragraph shall apply:

(a)

There shall be a transition period, which shall start on the date of entry into force of the

Amending Protocol and end 24 months after its entry into force.

(b)

Articles 5k, 7a,7d,7e,7h, 7i and, for the purposes of this Agreement,

Directive 2004/38/EC

shall apply from the first day following that of the end of the

transition period.

(c)

The effects of the following provisions of the Agreement in the version prior to the

entry into force of the Amending Protocol shall be maintained during the transition

period:

–

Articles 1 to 7 and Article 16, and

Articles 1 to 9, 12 to 15, 17, 19, 20, 23 and Article 24, except the last sentence of

Article 24(4), of Annex I.

Directive as applicable according to Annex I.

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Those provisions shall not produce any effect with regard to matters falling within the scope

of other acts referred to in Annex I, in particular Regulation (EU) No 492/2011

and

Regulation (EU) 2016/589

referred to in Section 2 of Annex I.

With regard to matters falling within the scope of Directive 96/71/EC

and

Directive 2014/67/EU

, the transitional arrangements laid down in this paragraph shall apply:

(a)

There shall be a transition period which shall start on the date of entry into force of the

Amending Protocol and end 36 months after its entry into force.

(b)

Article 5f(2), Articles 5g, 5h, 5i and, for the purposes of this Agreement,

Directive 96/71/EC

and Directive 2014/67/EU

shall be applicable from the first day

following that of the end of the transition period.

(c)

The effects of the following provisions of the Agreement in the version prior to the

entry into force of the Amending Protocol shall be maintained during the transition

period:

–

Article 5(4), and Article 16, and

Article 22(2), of Annex I.

Those provisions shall not produce any effect with regard to matters falling within the scope

of other acts referred to in Section 2 of Annex I.";

Regulation as applicable according to Annex I.

Directive as applicable according to Annex I.

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(13) Article 24 is replaced by the following:

"ARTICLE 24

Territorial scope

This Agreement shall apply, of the one part, to the territory in which the Treaty on European

Union and the Treaty on the Functioning of the European Union (hereinafter referred to as

'TFEU') apply and under the conditions laid down in those Treaties, and, of the other part, to

the territory of Switzerland.";

(14) Annex I to the Agreement is replaced by the text set out in Annex I attached to this Protocol;

(15) Annex II to the Agreement is replaced by the text set out in Annex II attached to this Protocol;

(16) Annex III to the Agreement is replaced by the text set out in Annex III attached to this

Protocol;

(17) the Protocol on secondary residences in Denmark shall be replaced by the text in the Protocol

on secondary residences in Denmark attached to this Protocol;

(18) Annex I of the Protocol to the Agreement between the European Community and its

Member States, of the one part, and the Swiss Confederation, of the other, on the free

movement of persons regarding the participation, as Contracting Parties, of the Czech

Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the

Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of

Poland, the Republic of Slovenia and the Slovak Republic pursuant to their accession to the

European Union, done at Brussels on 26 Octobre 2004, is deleted;

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(19) the text of the Protocol on the acquisition of immovable property in Malta attached to this

Protocol, is added as an attachment to the Agreement;

(20) the text of the Protocol on Long Term Residence Permits, attached to this Protocol, is added

as an attachment to the Agreement;

(21) the Joint Declarations and the Unilateral Declaration, attached to this Protocol, are added to

the Declarations attached to the Final Act to the Agreement.

ARTICLE 2

Entry into force

This Protocol shall be ratified or approved by the Union and Switzerland in accordance with

their own procedures. The Union and Switzerland shall notify each other of the completion of the

internal procedures necessary to the entry into force of this Protocol.

This Protocol shall enter into force on the first day of the second month following the last

notification regarding the following instruments:

(a)

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;

(b)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

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(c)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(d)

State Aid Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(e)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on the carriage of goods and passengers by rail and road;

(f)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on the carriage of goods and passengers by rail and road;

(g)

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;

(h)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products;

(i)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

(j)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

(k)

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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(l)

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;

(m) 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.

Done at […], on […], in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English,

Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese,

Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these

texts being equally authentic.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Protocol.

(Signature Block, to the effect of, in all 24 EU languages: "For the European Union" and "For the

Swiss Confederation")

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ANNEX I

AMENDMENTS TO ANNEX I TO THE AGREEMENT

Annex I to the Agreement is replaced by the following:

"ANNEX

FREE MOVEMENT OF PERSONS, RIGHT OF ESTABLISHMENT

AND PROVISION OF SERVICES

SECTION 1

For the purposes of the application of Articles 2 to 9 of this Agreement, the legal acts of the Union

listed in Section 2 of this Annex, shall apply subject to the principle of dynamic alignment referred

to in Article 5 of the Institutional Protocol to this Agreement, as well as subject to the exceptions

listed in paragraph 7 of that Article.

Unless otherwise provided for in technical adaptations, rights and obligations provided for in the

legal acts of the Union integrated into this Annex for Member States of the Union shall be

understood to be provided for for Switzerland. This shall be applied in full respect of the

Institutional Protocol to this Agreement.

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Without prejudice to Article 16 of the Institutional Protocol, and unless otherwise provided for in

technical adaptations, provisions of the acts listed in Section 2 that require the Member States to

provide information to other Member States or to the Commission shall apply to Switzerland. When

this information relates to surveillance or application, Switzerland shall communicate this

information via the Joint Committee.

SECTION 2

ACTS REFERRED TO:

31977 L 0486: Council Directive 77/486/EEC of 25 July 1977 on the education of the

children of migrant workers (OJ L 199, 6.8.1977, p. 32).

31996 L 0071: Directive 96/71/EC of the European Parliament and of the Council

of 16 December 1996 concerning the posting of workers in the framework of the provision of

services (OJ L 18, 21.1.1997, p. 1), as amended by:

–

32018 L 0957: Directive (EU) 2018/957 of the European Parliament and of the Council

of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the

framework of the provision of services (OJ L 173, 9.7.2018, p. 16).

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The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptations:

(a)

in Article 1(-1a) the words 'the exercise of fundamental rights as recognised in the

Member States and at Union level' are replaced by 'the exercise of fundamental rights as

recognised in the Member States and at Union level as well as in Switzerland';

(b)

in Article 1(3):

(i)

(ii)

(c)

point (c) shall not apply to Switzerland;

the second and third subparagraphs shall not apply to Switzerland;

in Article 3:

(i)

(ii)

paragraph 1b shall not apply to Switzerland;

in paragraph 10, the words 'the Treaties' are replaced by the words

'the Agreement';

(d)

in Article 4(2):

(i)

in the first subparagraph, last sentence, the words 'the Commission shall be

informed and shall take appropriate measures' are replaced by the words

'the Joint Committee shall be informed with a view to finding a solution.';

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(ii)

the second subparagraph is replaced by the following:

'The European Union and Switzerland shall cooperate closely within the Joint

Committee to examine any difficulties which might arise between the Contracting

Parties in the application of Article 3(10)';

(e)

for the purposes of this Agreement, the Directive shall be applicable from the first day

following that of the end of the transition period set out in Article 23b(2) of the

Agreement.

32004 L 0038: Directive 2004/38/EC of the European Parliament and of the Council

of 29 April 2004 on the right of citizens of the Union and their family members to move and

reside freely within the territory of the Member States amending Regulation

(EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC,

73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

(OJ L 158, 30.4.2004, p. 77, as corrected by OJ L 229, 29.6.2004, p. 35, OJ L 30, 3.2.2005,

p. 27 and OJ L 197, 28.7.2005, p. 34).

The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptations:

(a)

this Agreement applies to nationals of the Contracting Parties. However, members of

their family within the meaning of the Directive possessing third country nationality

shall derive certain rights in accordance with Directive;

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(b)

the terms 'Union citizen' and 'Union citizens' are replaced by the terms 'national of a

Member State or Switzerland' and 'nationals of Member States and Switzerland',

respectively;

(c)

Article 16 shall read as follows:

'1.

Nationals of Member States and Switzerland who have resided legally on the

basis Article 7(1), point (a), or (3) for a total of five years in the territory of another

Contracting Party shall have the right of permanent residence there. This right shall not

be subject to the conditions provided for in Chapter III.

Provided that they are part of a single period of legal residence in the host State,

the periods to be taken into account for the purpose of calculating the acquisition of

permanent residence pursuant to paragraph 1 shall not be required to be continuous but

may be interrupted by periods of legal residence not on the basis Article 7(1), point (a),

or (3).

For the purposes of calculating the periods necessary for the acquisition of the

right of permanent residence in accordance with paragraph 1, Switzerland and the

Member States may decide not to take into account periods of six months or more

during which the person is fully reliant on social assistance.

The right of permanent residence shall also be acquired by family members who

have legally resided with a national of a Member State or of Switzerland in the host

State for a continuous period of five years.

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Continuity of residence shall not be affected by temporary absences not exceeding

a total of six months a year, or by absences of a longer duration for compulsory military

service, or by one absence of a maximum of twelve consecutive months for important

reasons such as pregnancy and childbirth, serious illness, study or vocational training, or

a posting in another country.

Once acquired, the right of permanent residence shall be lost only through absence

from the host State for a period exceeding two consecutive years.

By derogation from paragraph 1, Member States and Switzerland may decide that

the right of permanent residence is acquired by nationals of Member States and

Switzerland who have resided legally for a continuous period of five years in the

territory of another Contracting Party.';

(d)

in Article 24:

(i)

(ii)

in paragraph 1, the words 'Treaty and secondary law' shall read 'Agreement';

paragraph 2 is replaced by the following:

'By way of derogation from paragraph 1, the host State shall not be obliged to

confer entitlement to social assistance during the first three months of residence

or, where appropriate, the longer period provided for in Article 14(4), point (b),

nor shall it be obliged to grant maintenance aid for studies, including vocational

training, consisting in student grants or student loans to persons other than

workers, self-employed persons, persons who retain such status and members of

their families.';

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(e)

(f)

in Article 28, paragraphs 2 and 3 shall not apply;

in Article 33, the following paragraph is added:

'Switzerland and the Member States may, instead of applying the procedures laid down

in paragraph 2, ensure that the enforcement of expulsion orders is carried out in line

with the requirements set out in Article 3 of Directive 64/221/EEC

_______________

Council Directive 64/221/EEC of 25 February 1964 on the co-ordination of

special measures concerning the movement and residence of foreign nationals

which are justified on grounds of public policy, public security or public health

(OJ 56, 4.4.1964, p. 850), as applicable at the time of the entry into force of the

Agreement on 1 June 2002';

(g)

for the purposes of this Agreement, the Directive shall apply from the first day

following that of the end of the transition period set out in Article 23b(1) of this

Agreement.

32006 R 0635: Commission Regulation (EC) No 635/2006 of 25 April 2006 repealing

Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a

Member State after having been employed in that State (OJ L 112, 26.4.2006, p. 9).

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32011 R 0492: Regulation (EU) No 492/2011 of the European Parliament and of the Council

of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011,

p. 1), as amended by:

–

32016 R 0589: Regulation (EU) 2016/589 of the European Parliament and of the

Council of 13 April 2016 (OJ L 107, 22.4.2016, p. 1),

–

32019 R 1149: Regulation (EU) 2019/1149 of the European Parliament and of the

Council of 20 June 2019 (OJ L 186, 11.7.2019, p. 21).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the

following adaptations:

Article 9(1) shall read: 'Without prejudice to Article 7f of the Agreement, a worker who

is a national of a Contracting Party and who is employed in the territory of another

Contracting Party shall enjoy all the rights and benefits accorded to national workers in

matters of housing, including ownership of the housing he needs.';

(a)

(b)

in Article 36:

(i)

paragraph 1 shall not apply;

in paragraph 2, the reference to 'measures taken in accordance with Article 48 of

the Treaty on the Functioning of the European Union' shall be read as a reference

to the legal acts of the European Union in the field of social security integrated

into this Agreement.

(ii)

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32012 R 1024: 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), as

amended by:

–

32013 L 0055: Directive 2013/55/EU of the European Parliament and of the Council

of 20 November 2013 (OJ L 354, 28.12.2013, p. 132),

–

32014 L 0060: Directive 2014/60/EU of the European Parliament and of the Council

of 15 May 2014 (OJ L 159, 28.5.2014, p. 1), as corrected by OJ L 147, 12.6.2015, p. 24,

–

32014 L 0067: Directive 2014/67/EU of the European Parliament and of the Council

of 15 May 2014 (OJ L 159, 28.5.2014, p. 11),

–

32016 R 1191: Regulation (EU) 2016/1191 of the European Parliament and of the

Council of 6 July 2016 (OJ L 200, 26.7.2016, p. 1),

–

32016 R 1628: Regulation (EU) 2016/1628 of the European Parliament and of the

Council of 14 September 2016 (OJ L 252, 16.9.2016, p. 53), as corrected by

OJ L 231, 6.9.2019, p. 29,

–

32018 R 1724: Regulation (EU) 2018/1724 of the European Parliament and of the

Council of 2 October 2018 (OJ L 295, 21.11.2018, p. 1),

–

32020 L 1057: Directive (EU) 2020/1057 of the European Parliament and of the

Council of 15 July 2020 (OJ L 249, 31.7.2020, p. 49),

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–

32020 R 1055: Regulation (EU) 2020/1055 of the European Parliament and of the

Council of 15 July 2020 (OJ L 249, 31.7.2020, p. 17).

Switzerland shall use the Internal Market Information System (IMI) as a third country for

exchanges of information, including personal data, with IMI actors within the Union to

implement administrative cooperation procedures where applicable for the purposes of this

Agreement.

For the purposes of this Agreement, the Commission continues to consider Switzerland to

provide adequate protection of personal data as referred to in Article 23(1)(c) of Regulation

(EU) No 1024/2012 as long as Decision 2000/518/EC

remains in force. For the purposes of

this Annex and as defined in Article 4 of Directive 96/71/EC and Articles 6, 7, Article 10(3),

and Articles 14 to 18 of Directive 2014/67/EU, Switzerland shall use IMI in accordance with

the principles and modalities of exchanges set out in those Articles.

For the purposes of this Agreement, the Swiss

Commissions Paritaires

shall be considered to

be competent authorities within the meaning of Article 5, second paragraph, point (f), of

Regulation (EU) No 1024/2012 and Article 2, point (a), of Directive 2014/67/EU. They shall

use IMI for carrying out cooperation as referred to in Article 4 of Directive 96/71/EC and

Articles 6, 7 and Article 10(3) of Directive 2014/67/EU when, as entrusted by Switzerland,

they execute the Swiss collective labor agreements and the Swiss law on posted workers, in

accordance with Directive 96/71/EC and Directive 2014/67/EU.

Commission Decision 2000/518/EC of 26 July 2000 pursuant to Directive 95/46/EC of the

European Parliament and of the Council on the adequate protection of personal data provided

in Switzerland (OJ L 215, 25.8.2000, p. 1), including any subsequent amendments.

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The provisions of Regulation (EU) No 1024/2012 shall, for the purposes of the Agreement, be

read with the following adaptations:

(a)

in Article 5, first sentence, the reference to Directive 95/46/EC shall be understood, as

far as Switzerland is concerned, as a reference to the relevant national legislation;

(b)

Article 8(1), point (e), shall not apply in respect of Switzerland;

(c)

in Article 9(5), as regards Switzerland, the words 'Union law' shall be replaced by

'Union law as integrated into this Agreement';

(d)

in Article 10(1), as regards Switzerland, the words 'in accordance with national or

Union legislation' are replaced by the words 'in accordance with Swiss legislation';

(e)

in Article 16(1) and (2), references to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as references to the relevant national legislation;

(f)

in Article 17(4), the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(g)

in Article 18(1), the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(h)

in Article 20, the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

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(i)

in Article 21:

(i)

in paragraph 1, the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(ii)

paragraph 3 shall not apply;

(j)

Article 25 shall not apply;

(k)

Article 26(1) shall be read in line with Article 13 of the Institutional Protocol to this

Agreement;

(l)

Switzerland shall be included in the IMI on the first day of the thirty-seventh month

following the entry into force of the Amending Protocol.

32014 L 0054: Directive 2014/54/EU of the European Parliament and of the Council

of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the

context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8).

The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptations:

(a)

the words 'Union workers' are replaced by the word 'workers';

(b)

in Articles 1 and 3, the words 'Article 45 TFEU' are replaced by the words

'the Agreement';

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(c)

in Article 4, the words 'Union rules on free movement of workers' are replaced by the

words 'the rules on free movement of workers pursuant to the Agreement' and the word

'SOLVIT' shall not apply;

(d)

in Article 6, the words 'Union law' are replaced by the words 'the Agreement';

(e)

in Article 7, the words 'Article 21 TFEU and Directive 2004/38/EC' are replaced by the

word 'the Agreement';

(f)

for the purposes of this Agreement, the Directive shall be applicable from the first day

of the twenty-fifth month following the entry into force of the Amending Protocol.

32014 L 0067: Directive 2014/67/EU of the European Parliament and of the Council

of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers

in the framework of the provision of services and amending Regulation (EU) No 1024/2012

on administrative cooperation through the Internal Market Information System

(the 'IMI Regulation') (OJ L 159, 28.5.2014, p. 11).

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The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptations:

(a)

in Article 1:

(i)

in paragraph 1, second subparagraph, the words 'while facilitating the exercise of

the freedom to provide services for service providers and promoting fair

competition between service providers, and thus supporting the functioning of the

internal market' shall read 'while facilitating, to the extent provided for in the

Agreement, the exercise of the freedom to provide services and promoting, to the

extent provided for in the Agreement, fair competition between service providers,

and thus supporting the functioning of the fields related to the internal market in

which Switzerland participates';

(ii)

in paragraph 2, the words 'the exercise of fundamental rights as recognised in

Member States and at Union level' are replaced by the words 'the exercise of

fundamental rights as recognised in Member States and at Union level as well as

in Switzerland';

(b)

in Article 4(3), point (c), as regards Switzerland, the words 'according to Regulation

(EC) No 593/2008 (Rome I) and/or the Rome Convention' are replaced by the words

'according to the Convention on jurisdiction and the recognition and enforcement of

judgments in civil and commercial matters, done at Lugano on 30 October 2007';

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(c)

in Article 6:

(i)

in paragraph 5, second subparagraph, the words 'the Commission being informed,

where relevant by means of IMI, shall take the appropriate measures' are replaced

by 'the Joint Committee shall be informed with a view to finding a solution.';

(ii)

in paragraph 10, the words 'relevant national and Union law' are replaced by the

words 'relevant national law and the Agreement'.

(d)

(e)

in Article 7(6), the words 'Union law' are replaced by the words 'the Agreement'.

in Article 9:

(i)

in paragraph 1:

–

in the first subparagraph, the words 'Union law' are replaced by the words

'the Agreement';

–

in the second subparagraph, point (a), the words 'at the latest at the

commencement of the service provision' shall read, for Switzerland, 'at the

latest at the commencement of the service provision a maximum of four

working days in specific sectors before the posting for service providers that

post workers on its territory in order to carry out on-site controls

(Switzerland shall define autonomously the sectors and areas covered by the

prior notification period on the basis of an objective risk analysis, in a

proportionate and non-discriminatory manner, taking into account, that the

Agreement limits the freedom to provide services to 90 days of actual work

per calendar year)':

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(ii)

in paragraph 3, the words 'the Union legislation' are replaced by the words

'the Agreement';

(iii) in paragraph 5, the second and third subparagraphs shall not apply to Switzerland;

(f)

in Article 10(2), the following sentence is added:

'Switzerland shall define autonomously the control quantity and control density, as well

as the sectors and areas to be controlled, on the basis of an objective risk analysis, in a

proportionate and non-discriminatory manner, taking into account that the Agreement

limits the freedom to provide services to 90 days of actual work per calendar year';

(g)

in Article 12:

(i)

(ii)

in paragraph 4, the words 'Union law' are replaced by the words 'the Agreement';

in paragraph 6, the words 'with Union and national law and/or practice' are

replaced by the words 'with the Agreement and national law and/or practice';

(iii) paragraph 8 shall not apply to Switzerland;

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(h)

in Article 20, the following sentences are added:

'In the case of service providers that have failed to meet their financial obligations

towards enforcement authorities and bodies with regard to a previous provision of

services, Switzerland shall be able to require the deposit of a proportionate financial

guarantee before they may provide services again in sectors determined on the basis of

an autonomous and objective risk analysis. In case of non-payment of the financial

guarantee, Switzerland shall be able to impose proportionate sanctions up to the

prohibition to provide services until the payment of the guarantee.';

(i)

for the purposes of this Agreement, the Directive shall be applicable from the first day

following that of the end of the transition period set out in Article 23b(2) of the

Agreement.

32016 R 0589: 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), as amended by:

–

32019 R 1149: Regulation (EU) 2019/1149 of the European Parliament and of the

Council of 20 June 2019 (OJ L 186, 11.7.2019, p. 21).

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The provisions of the Regulation shall, for the purposes of this Agreement, be read with the

following adaptations:

(a)

for the purposes of the Agreement, the Commission continues to consider Switzerland

to provide adequate protection of personal data as referred to under Article 34 of

Regulation (EU) 2016/589 as long as the Decision 2000/518/EC

remains in force;

(b)

(c)

the words 'Article 45 TFEU' are replaced by the words 'Article 4 of the Agreement';

the words 'citizens of the Union' are replaced by the words 'nationals of Member States

and Switzerland';

(d)

in Article 6:

(i)

references to Article 3 of the Treaty on European Union and to Article 145 of the

Treaty on the Functioning of the European Union shall not apply;

(ii)

in point (d), the words 'in the Union' are replaced by 'in the Union and

Switzerland' and the words 'in compliance with Union and national law and

practice' are replaced by 'in compliance with the Agreement and national law and

practice';

(e)

in Article 9(4), point (c), the words 'existing Union rules and instruments' are replaced

by the words 'existing rules and instruments applicable pursuant to the Agreement';

Commission Decision 2000/518/EC of 26 July 2000 pursuant to Directive 95/46/EC of the

European Parliament and of the Council on the adequate protection of personal data provided

in Switzerland, including any subsequent amendments.

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(f)

in Article 34, the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation.

10.

32017 D 1255: Commission Implementing Decision (EU) 2017/1255 of 11 July 2017 on a

template for the description of national systems and procedures to admit organisations to

become EURES Members and Partners (OJ L 179, 12.7.2017, p. 18).

11.

32017 D 1256: Commission Implementing Decision (EU) 2017/1256 of 11 July 2017 on

templates and procedures for the exchange of information on the EURES network national

work programmes at Union level (OJ L 179, 12.7.2017, p. 24).

12.

32017 D 1257: Commission Implementing Decision (EU) 2017/1257 of 11 July 2017 on the

technical standards and formats required for a uniform system to enable matching of job

vacancies with job applications and CVs on the EURES portal (OJ L 179, 12.7.2017, p. 32).

13.

32018 D 0170: Commission Implementing Decision (EU) 2018/170 of 2 February 2018 on

uniform detailed specifications for data collection and analysis to monitor and evaluate the

functioning of the EURES network (OJ L 31, 3.2.2018, p. 104).

14.

32018 D 1020: Commission Implementing Decision (EU) 2018/1020 of 18 July 2018 on the

adoption and updating of the list of skills, competences and occupations of the European

classification for the purpose of automated matching through the EURES common IT

platform (OJ L 183, 19.7.2018, p. 17).

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15.

32018 D 1021: Commission Implementing Decision (EU) 2018/1021 of 18 July 2018 on the

adoption of technical standards and formats necessary for the operation of the automated

matching through the common IT platform using the European classification and the

interoperability between national systems and the European classification

(OJ L 183, 19.7.2018, p. 20).

16.

32018 R 1724: Regulation (EU) 2018/1724 of the European Parliament and of the Council

of 2 October 2018 establishing a single digital gateway to provide access to information, to

procedures and to assistance and problem-solving services and amending Regulation

(EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1), as amended by:

–

32022 R 0868: Regulation (EU) 2022/868 of the European Parliament and of the

Council of 30 May 2022 (OJ L 152, 3.6.2022, p. 1),

–

32024 R 1252: Regulation (EU) 2024/1252 of the European Parliament and of the

Council of 11 April 2024 (OJ L, 2024/1252, 3.5.2024),

–

32024 R 1735: Regulation (EU) 2024/1735 of the European Parliament and of the

Council of 13 June 2024 (OJ L, 2024/1735, 28.6.2024).

Some of the areas referred to in Annex I to Regulation (EU) 2018/1724 and some of the

procedures referred to in Annex II to that Regulation fall outside the scope of this Agreement.

The integration of that Regulation in this Agreement is without prejudice to the scope of the

Agreement.

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The provisions of the Regulation shall, for the purposes of this Agreement, be read with the

following adaptations:

(a)

in Article 1(1):

(i)

in point (a), the words 'derived from Union law in the field of the internal market,

within the meaning of Article 26(2) TFEU' are replaced by the words 'derived

from the Agreement';

(ii)

in point (b), the references to Directives 2006/123/EC, 2014/24/EU

and 2014/25/EU shall not apply;

(b)

in Article 13(2), point (c), the reference to Regulation (EU) No 910/2014 shall be

understood, as far as Switzerland is concerned, as a reference to the relevant national

legislation;

(c)

in Article 14:

(i)

in paragraph 1, the references to Directives 2006/123/EC, 2014/24/EU

and 2014/25/EU shall not apply;

(ii)

in paragraph 5, the reference to Regulation (EU) 2016/679 shall be understood, as

far as Switzerland is concerned, as a reference to the relevant national legislation;

(d)

in Article 30(1), point (b), the reference to Regulation (EU) No 910/2014 shall be

understood, as far as Switzerland is concerned, as a reference to the relevant national

legislation.

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17.

32019 R 1157: Regulation (EU) 2019/1157 of the European Parliament and of the Council

of 20 June 2019 on strengthening the security of identity cards of Union citizens and of

residence documents issued to Union citizens and their family members exercising their right

of free movement (OJ L 188, 12.7.2019, p. 67).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the

following adaptations:

(a)

the terms 'Union citizen' and 'Union citizens' are replaced by the terms 'national of a

Member State or Switzerland' and 'nationals of Member States and Switzerland',

respectively;

(b)

in Article 3:

(i)

in paragraph 4, as regards Switzerland, the words 'printed in negative in a blue

rectangle and encircled by 12 yellow stars' shall not apply;

(ii)

in paragraph 5, as regards Switzerland, the following subparagraph is added:

'By derogation from the first subparagraph, where identity cards are issued

without a highly secure storage medium containing the two fingerprints of the

holder, such identity cards shall not be accepted for the purposes of entry and

residence in other Contracting Parties and shall be visually distinguishable from

identity cards complying with the requirements of the first subparagraph.';

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(c)

in Article 5:

(i)

in paragraph 1, as regards Switzerland, the words 'by 3 August 2031' shall read

'eleven years after the date of entry into force of the 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

("the Amending Protocol")';

(ii)

in paragraph 2, as regards Switzerland, the words 'by 3 August 2026' shall read

'six years after the date of entry into force of the Amending Protocol';

(d)

in Article 6, point (h), as regards Switzerland, the words 'printed in negative in a blue

rectangle and encircled by twelve yellow stars' shall not apply;

(e)

in Article 7(2), as regards the Member States, the words 'Family Member EU' shall be

replaced by the words 'Family Member CH';

(f)

in Article 8:

(i)

in paragraph 1, as regards Switzerland, the words 'by 3 August 2026' shall read

'six years after the date of entry into force of the Amending Protocol';

(ii)

in paragraph 2, as regards Switzerland, the words 'by 3 August 2023' shall read

'three years after the date of entry into force of the Amending Protocol';

(g)

in Article 10(2), as regards Switzerland, the words “the Charter” shall not apply;

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(h)

in Article 11:

(i)

as regards Switzerland, references to Regulation (EU) 2016/679 shall be

understood as a reference to the relevant national legislation.

(ii)

in paragraph 4, as regards Switzerland, the word 'Union' shall read

'the Agreement';

(i)

in Article 16, as regards Switzerland, the words '2 August 2021' shall read 'one year

after the date of entry into force of the Amending Protocol';

18.

32020 R 1121: Commission Implementing Regulation (EU) 2020/1121 of 29 July 2020 on the

collection and sharing of user statistics and feedback on the services of the single digital

gateway in accordance with Regulation (EU) 2018/1724 of the European Parliament and of

the Council (OJ L 245, 30.7.2020, p. 3).".

________________

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ANNEX II

CO-ORDINATION OF SOCIAL SECURITY SCHEMES

Amendments to Annex II to the Agreement

Annex II to the Agreement is replaced by the following:

"ANNEX

CO-ORDINATION OF SOCIAL SECURITY SCHEMES

INTRODUCTION

For the purposes of the application of Articles 2 to 9 of the Agreement, the legal acts of the

Union listed in Section II of this Annex shall apply subject to the principle of dynamic

alignment referred to in Article 5 of the Institutional Protocol to this Agreement, as well as

subject to the exceptions listed in paragraph 7 of that Article.

Unless otherwise provided for in technical adaptations, rights and obligations provided for in

the legal acts of the Union integrated into this Annex for Member States of the Union shall be

understood to be provided for for Switzerland. This shall be applied in full respect of the

Institutional Protocol to this Agreement.

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Without prejudice to Article 16 of the Institutional Protocol to this Agreement, and unless

otherwise provided for in technical adaptations, provisions of the acts listed in Section II that

require the Member States to provide information to other Member States or to the

Commission shall apply to Switzerland. When this information relates to surveillance or

application, Switzerland shall communicate this information via the Joint Committee.

II.

SECTORAL ADAPTATIONS

With regard to the acts listed in this Annex, the following exceptions shall apply as

regards Switzerland:

(a)

cantonal legislation concerning the advances of maintenance payments shall be

excluded from the coordination rules on social security;

(b)

supplementary benefits and similar benefits provided for under cantonal

legislation shall not be exported;

(c)

non-contributory mixed benefits in the event of unemployment, as provided for by

cantonal legislation, shall not be exported;

(d)

persons to whom the Agreement applies and residing outside Switzerland and the

Union may join the voluntary insurance scheme not later than one year from the

date on which they ceased to be covered by old-age, survivors' and invalidity

insurance and after a continuous period of insurance of at least five years;

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(e)

persons working outside Switzerland and the Union for an employer in

Switzerland and who cease to be insured under Swiss old-age, survivors' and

invalidity insurance after a continuous period of insurance of at least five years

may continue the insurance, with the consent of the employer, if they submit an

application within six months of the date on which they ceased to be insured;

(f)

the helplessness allowance granted under the Federal Law on invalidity insurance

of 19 June 1959 and under the Federal Law on old-age and survivors' insurance

of 20 December 1946 shall not be exported.

The modalities for the participation of Switzerland in the Administrative Commission

for the Coordination of Social Security Systems and in the Technical Commission for

Data Processing and in the Audit Board, both attached to the Administrative

Commission, shall be the following:

Switzerland may send a representative, present in an advisory capacity (observer), to the

meetings of the Administrative Commission for the Coordination of Social Security

systems, attached to the European Commission, and to the meetings of the Technical

Commission for data processing and of the Audit Board.

Special provisions concerning the transitory arrangements relating to unemployment

insurance for nationals of certain Member States holding a Swiss residence permit valid

for less than one year, concerning the Swiss allowances for helpless persons and

concerning the transitional period for the application of Regulation (EC) No 883/2004

to the extended pension scheme under the occupational benefit plans are set out in

Protocol I, which forms an integral part of this Annex.

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The arrangements relating to the protection of rights acquired by private individuals

under this Agreement as a consequence of the United Kingdom's withdrawal from the

Union are set out in Protocol II, which forms an integral part of this Annex.

GENERAL SOCIAL SECURITY COORDINATION

A.1 ACTS REFERRED TO

32004 R 0883: 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), as corrected by OJ L 200, 7.6.2004, p. 1 and

OJ L 204, 4.8.2007, p. 30, as amended by:

–

32009 R 0988: Regulation (EC) No 988/2009 of the European Parliament and of

the Council of 16 September 2009 (OJ L 284, 30.10.2009, p. 43),

–

32010 R 1244: Commission Regulation (EU) No 1244/2010 of 9 December 2010

(OJ L 338, 22.12.2010, p. 35),

–

32012 R 0465: Regulation (EU) No 465/2012 of the European Parliament and of

the Council of 22 May 2012 (OJ L 149, 8.6.2012, p. 4),

–

32012 R 1224: Commission Regulation (EU) No 1224/2012

of 18 December 2012 (OJ L 349, 19.12.2012, p. 45),

–

32013 R 0517: Council Regulation (EU) No 517/2013 of 13 May 2013

(OJ L 158, 10.6.2013, p. 1),

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–

32013 R 1372: Commission Regulation (EU) No 1372/2013

of 19 December 2013 (OJ L 346, 20.12.2013, p. 27), as amended by:

–

32014 R 1368: Commission Regulation (EU) No 1368/2014

of 17 December 2014 (OJ L 366, 20.12.2014, p. 15), as corrected by

OJ L 288, 22.10.2016, p. 58,

–

32017 R 0492: Commission Regulation (EU) 2017/492 of 21 March 2017

(OJ L 76, 22.3.2017, p. 13),

–

32019 R 1149: Regulation (EU) 2019/1149 of the European Parliament and of the

Council of 20 June 2019 (OJ L 186, 11.7.2019, p. 21).

For the purposes of this Agreement, Regulation (EC) No 883/2004 shall be adapted as

follows:

(a)

the following text is added to Annex I, Section I:

'Switzerland

Cantonal legislation concerning the advances of maintenance payments based on

Articles 131a paragraph 1 and 293 paragraph 2 of the Federal Civil Act

of 10 December 1907.';

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(b)

the following text is added to Annex I, Section II:

'Switzerland

Birth grants and adoption grants pursuant to the relevant cantonal legislation

based on Article 3 paragraph 2 of the Federal Law on Family Allowances

of 24 March 2006.';

(c)

the following text is added to Annex II:

'Germany-Switzerland

(a)

Convention on social security of 25 February 1964, as amended by

Complementary Conventions No 1 of 9 September 1975 and No 2

of 2 March 1989:

(i)

point 9b, paragraph 1, Nos 1-4 of the Final Protocol (legislation

applicable and entitlement to sickness benefits in kind for residents of

the German exclave of Büsingen);

(ii)

point 9e, paragraph 1(b), first, second and fourth sentences, of the

Final Protocol (access to voluntary sickness insurance in Germany by

relocation in Germany).

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(b)

Convention on unemployment insurance of 20 October 1982, as amended

by the Additional Protocol of 22 December 1992:

Article 8(5), Germany (district of Büsingen) shall contribute a sum

equivalent to the cantonal contribution under Swiss law towards the cost of

actual places on employment-promotion measures for workers subject to

this provision.

Spain-Switzerland

Point 17 of the Final Protocol to the Convention on social security

of 13 October 1969, as amended by the Complementary Convention

of 11 June 1982; persons insured under the Spanish scheme by virtue of this

provision are exempted from the requirement to join the Swiss sickness insurance

scheme.

Italy-Switzerland

Article 9(1) of the Convention on social security of 14 December 1962, as

amended by Complementary Convention No 1 of 18 December 1963, the

Complementary Agreement of 4 July 1969, the Additional Protocol

of 25 February 1974 and Complementary Agreement No 2 of 2 April 1980.';

(d)

the following text is added to Annex IV:

'Switzerland';

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(e)

the following text is added to Annex VIII, part 1:

'Switzerland

All claims for old-age, survivors' and invalidity pensions under the basic scheme

(Federal Law on old-age and survivors' insurance of 20 December 1946 and

Federal Law on invalidity insurance of 19 June 1959) and old-age pensions from

the minimum and the extended pension scheme under the statutory occupational

benefit plans (Federal Law on occupational benefit plans for old-age, survivors'

and invalidity insurance of 25 June 1982).';

(f)

the following text is added to Annex VIII, part 2:

'Switzerland

Old-age, survivors' and invalidity pensions from the minimum and the extended

pension scheme under the statutory occupational benefit plans (Federal Law on

occupational benefit plans for old-age, survivors' and invalidity insurance

of 25 June 1982).';

(g)

the following text is added to Annex IX, part II:

'Switzerland

Survivors' and invalidity pensions from the minimum and the extended pension

scheme under the statutory occupational benefit plans (Federal Law on

occupational benefit plans for old-age, survivors' and invalidity insurance

of 25 June 1982).';

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(h)

the following text is added to Annex X:

'Switzerland

Supplementary benefits (Federal Law on Supplementary Benefits

of 6 October 2006) and similar benefits provided for under cantonal

legislation.

Pensions in the case of hardship under invalidity insurance (Article 28

subparagraph 1a of the Federal Law on Invalidity Insurance

of 19 June 1959, as amended on 7 October 1994).

Non-contributory mixed benefits in the event of unemployment, as provided

for under cantonal legislation.

Non-contributory extraordinary invalidity pensions for disabled persons

(Article 39 of the Federal Law on Invalidity Insurance of 19 June 1959) who

have not been subject, before their incapacity for work, to the Swiss

legislation on the basis of an activity as an employed or self-employed

person.';

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(i)

the following text is added to Annex XI:

'Switzerland

Article 2 of the Federal Law on Old-Age and Survivors' Insurance

of 20 December 1946 and Article 1b of the Federal Law on Invalidity

Insurance of 19 June 1959, which govern voluntary insurance in those

insurance branches for Swiss nationals resident in States not subject to this

Agreement, shall be applicable to persons resident outside Switzerland who

are nationals of the other States to which this Agreement applies, and to

refugees and stateless persons resident in the territory of those States, where

those persons join the voluntary insurance scheme not later than one year

from the date on which they ceased to be covered by old-age, survivors' and

invalidity insurance after a continuous period of insurance of at least five

years.

Where a person ceases to be insured under Swiss old-age, survivors' and

invalidity insurance after a continuous period of insurance of at least five

years, he shall continue to be entitled to be insured with the agreement of

the employer if he works in a State to which this Agreement does not apply

for an employer in Switzerland and if he submits an application to this effect

within six months of the date on which he ceases to be insured.

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Compulsory insurance under Swiss sickness insurance and possible

exemptions

(a)

The Swiss legal provisions governing compulsory sickness insurance

shall apply to the following persons not resident in Switzerland:

(i)

persons subject to Swiss legal provisions under Title II of the

Regulation;

(ii)

persons for whom Switzerland shall bear the costs of benefits

according to Articles 24, 25, 26 of the Regulation;

(iii) persons receiving Swiss unemployment insurance benefits;

(iv) family members of persons referred to in points (i) and (iii) or of

an employed or self-employed person resident in Switzerland

who is insured under the Swiss sickness insurance scheme,

unless those family members are resident in one of the following

States: Denmark, Spain, Hungary, Portugal or Sweden;

(v)

family members of persons referred to in point (ii) or of a

pensioner resident in Switzerland who is insured under the

Swiss sickness insurance scheme, unless those family members

are resident in one of the following States: Denmark, Portugal or

Sweden.

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As family members are considered those persons who are defined as

family members according to the legislation of the State of residence.

(b)

Persons referred to in point (a) may, on request, be exempted from

compulsory insurance if, and as long as, they are resident in one of the

following States and can prove that they are eligible for cover in the

event of sickness: Germany, France, Italy, Austria, and, with regard to

persons referred to in point (a)(iv) and (v), Finland, and, with regard

to persons referred to in point (a)(ii), Portugal.

The request referred to in point (b) shall:

(a)

be submitted within three months of the date on which the

obligation to take out insurance in Switzerland comes into

effect; where, in justified cases, the request is submitted after

this deadline, the exemption shall take effect as from the

commencement of the insurance obligation;

(b)

apply to all family members residing in the same State.

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Where a person subject to Swiss legal provisions under Title II of the

Regulation is, in application of point 3(b), subject for the purposes of

sickness insurance to the legal provisions of another State covered by this

Agreement, the costs of those benefits in kind for non-occupational

accidents shall be shared equally between the Swiss insurer against

occupational and non-occupational accidents and industrial diseases and the

competent sickness insurance institution if an entitlement exists to benefits

in kind from both bodies. The Swiss insurer against occupational and non-

occupational accidents and industrial diseases shall meet all costs in the

event of occupational accidents, accidents on the way to work or industrial

diseases, even where there is an entitlement to benefits from a sickness

insurance body in the country of residence.

Persons who are working, but not residing in Switzerland and who have

statutory insurance cover in their State of residence in accordance with

point 3(b), as well as their family members, shall benefit from the

provisions of Article 19 of the Regulation during a stay in Switzerland.

For the purpose of applying Articles 18, 19, 20 and 27 of the Regulation in

Switzerland, the competent insurer shall bear all invoiced costs.

Periods of daily allowance insurance completed under the insurance scheme

of another State to which this Agreement applies shall be taken into account

for reducing or lifting a possible reserve in daily allowance insurance in the

event of maternity or sickness where the person becomes insured with a

Swiss insurer within three months of ceasing to be covered by insurance in

another country.

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Where a person who was gainfully employed or self-employed in

Switzerland and covering his vital needs has had to cease his activity owing

to an accident or illness and is no longer subject to Swiss legislation on

invalidity insurance, that person shall be considered to be covered by that

insurance for the purposes of eligibility for rehabilitation measures until the

payment of an invalidity pension and throughout the period during which

the person benefits from those measures, provided that he has not taken up a

new activity outside Switzerland.'.

For the purposes of this Agreement, Regulation (EC) No 883/2004 shall be read with

the following adaptation:

In Article 77(2) and 78, the reference to Community provisions on the protection of

natural persons with regard to the processing and free movement of personal data shall

be understood, as far as Switzerland is concerned, as a reference to the relevant national

legislation.

32019 R 0500: Regulation (EU) 2019/500 of the European Parliament and of the

Council of 25 March 2019 establishing contingency measures in the field of social

security coordination following the withdrawal of the United Kingdom from the Union

(OJ L 85I, 27.3.2019, p. 35).

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32009 R 0987: Regulation (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), as amended by:

–

32010 R 1244: Commission Regulation (EU) No 1244/2010 of 9 December 2010

(OJ L 338, 22.12.2010, p. 35),

–

32012 R 0465: Regulation (EU) No 465/2012 of the European Parliament and of

the Council of 22 May 2012 (OJ L 149, 8.6.2012, p. 4),

–

32012 R 1224: Commission Regulation (EU) No 1224/2012

of 18 December 2012 (OJ L 349, 19.12.2012, p. 45),

–

32013 R 1372: Commission Regulation (EU) No 1372/2013

of 19 December 2013 (OJ L 346, 20.12.2013, p. 27),

–

32014 R 1368: Commission Regulation (EU) No 1368/2014

of 17 December 2014 (OJ L 366, 20.12.2014, p. 15), as corrected by

OJ L 288, 22.10.2016.p. 58,

–

32017 R 0492: Commission Regulation (EU) 2017/492 of 21 March 2017

(OJ L 76, 22.3.2017, p. 13).

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For the purposes of this Agreement, Regulation (EC) No 987/2009 shall be adapted as

follows:

The following text is added to Annex 1:

'Agreement between Switzerland and Portugal of 25 May 2016 on the offsetting of

claims

Agreement between Switzerland and Greece of 15 November 2017 on the offsetting of

claims concerning benefits in kind according to Regulations (ECC) No 1408/71 and

(ECC) No 574/72 and Regulations (EC) No 883/2004 and (EC) No 987/2009

Agreement between Switzerland and Italy of 27 February 2023 on the offsetting of

claims.

For the purposes of this Agreement, Regulation (EC) No 987/2009 shall be read with

the following adaptation:

In Article 3(3), the reference to Community provisions on the protection of natural

persons with regard to the processing and free movement of personal data shall be

understood, as far as Switzerland is concerned, as a reference to the relevant national

legislation.

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31971 R 1408: Council Regulation (EEC) No 1408/71 of 14 June 1971 on the

application of social security schemes to employed persons, to self-employed persons

and to the members of their families moving within the Community

(OJ L 149, 5.7.1971, p. 2), as last amended by Regulation (EC) No 592/2008 of the

European Parliament and of the Council (OJ L 177, 4.7.2008, p. 1), as applicable

between Switzerland and the Member States before the entry into force of

Decision 1/2012 of 31 March 2012 of the Joint Committee

, and when referred to in

Regulation (EC) No 883/2004 or (EC) No 987/2009 or when cases are concerned which

occurred in the past.

31972 R 0574: Council Regulation (EEC) No 574/72 of 21 March 1972 laying down

the procedure for implementing Regulation (EEC) No 1408/71 on the application of

social security schemes to employed persons, to self-employed persons and to the

members of their families moving within the Community (OJ L 74, 27.3.1972, p. 1), as

last amended by Commission Regulation (EC) No 120/2009 (OJ L 39, 10.2.2009, p. 2),

as applicable between Switzerland and the Member States before the entry into force of

Decision 1/2012 of 31 March 2012

of the Joint Committee, and when referred to in

Regulation (EC) No 883/2004 or (EC) No 987/2009 or when cases are concerned which

occurred in the past.

Decision No 1/2012 of the Joint Committee established under 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 of 31 March 2012 replacing Annex II to that

Agreement on the coordination of social security schemes (OJ L 103, 13.4.2012, p. 51).

Decision No 1/2012 of the Joint Committee established under 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 of 31 March 2012 replacing Annex II to that

Agreement on the coordination of social security schemes (OJ L 103, 13.4.2012, p. 51).

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A.2 ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE ACCOUNT

32010 D 0424(01): Decision of the Administrative Commission for the Coordination of

Social Security Systems No A1 of 12 June 2009 concerning the establishment of a

dialogue and conciliation procedure concerning the validity of documents, the

determination of the applicable legislation and the provision of benefits under

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

(OJ C 106, 24.4.2010, p. 1).

32010 D 0424(02): Decision of the Administrative Commission for the Coordination of

Social Security Systems No A2 of 12 June 2009 concerning the interpretation of

Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the

Council on the legislation applicable to posted workers and self-employed workers

temporarily working outside the competent State (OJ C 106, 24.4.2010, p. 5).

32010 D 0608(01): Decision of the Administrative Commission for the Coordination of

Social Security Systems No A3 of 17 December 2009 concerning the aggregation of

uninterrupted posting periods completed under the Council Regulation

(EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and

of the Council (OJ C 149, 8.6.2010, p. 3).

32014 D 0520(03): Decision No E4 of 13 March 2014 concerning the transitional

period as defined in Article 95 of Regulation (EC) No 987/2009 of the European

Parliament and of the Council (OJ C 152, 20.5.2014, p. 21).

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32017 D 0719(01): Decision No E5 of 16 March 2017 concerning the practical

arrangements for the transitional period for the data exchange via electronic means

referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and

of the Council (OJ C 233, 19.7.2017, p. 3).

32018 D 1004 (02): Decision No E6 of 19 October 2017 concerning the determination

of when an electronic message is considered legally delivered in the Electronic

Exchange of Social Security Information (EESSI) system (OJ C 355, 4.10.2018, p. 5).

32020 D 0306 (01): Decision No E7 of 27 June 2019 concerning practical arrangements

for cooperation and data exchange until the Electronic Exchange of Social Security

Information (EESSI) is fully implemented in Member States (OJ C 73, 6.3.2020, p. 5).

32024 D 06842: Administrative Commission for the Coordination of Social Security

Systems Decision No E8 of 14 March 2024 Concerning the establishment of a change

management procedure applying to details of the bodies defined in Article 1 of

Regulation (EC) No 883/2004 which are listed in the electronic directory which is an

inherent part of EESSI (OJ C, C/2024/6842, 12.11.2024)

32010 D 0424(04): Decision of the Administrative Commission for the Coordination of

Social Security Systems No F1 of 12 June 2009 concerning the interpretation of

Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the

Council relating to priority rules in the event of overlapping of family benefits

(OJ C 106, 24.4.2010, p. 11).

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10.

32016 D 0211(05): Decision No F2 of 23 June 2015 on the exchange of data between

institutions for the purpose of granting family benefits (OJ C 52, 11.2.2016, p. 11).

11.

32019 D 0626(01): Decision No F3 of 19 December 2018 concerning the interpretation

of Article 68 of Regulation (EC) No 883/2004 relating to the method for the calculation

of the differential supplement (OJ C 215, 26.6.2019, p. 2).

12.

32010 D 0424(05): Decision of the Administrative Commission for the Coordination of

Social Security Systems No H1 of 12 June 2009 concerning the framework for the

transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to

Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and

of the Council and the application of Decisions and Recommendations of the

Administrative Commission for the coordination of social security systems

(OJ C 106, 24.4.2010, p. 13).

13.

32010 D 0608(02): Decision of the Administrative Commission for the Coordination of

Social Security Systems No H 5 of 18 March 2010 concerning cooperation on

combating fraud and error within the framework of Council Regulation

(EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and

of the Council on the coordination of social security systems (OJ C 149, 8.6.2010, p. 5).

14.

32011 D 0212(01): Decision No H6 of 16 December 2010 concerning the application of

certain principles regarding the aggregation of periods under Article 6 of Regulation

(EC) No 883/2004 on the coordination of social security systems (OJ C 45, 12.2.2011,

p. 5).

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15.

32021 D 0506 (01): Decision No H11 of 9 December 2020 regarding the postponement

of deadlines mentioned in Articles 67 and 70 of Regulation (EC) No 987/2009 as well

as in Decision No S9 due to the COVID-19 Pandemic (OJ C 170, 6.5.2021, p. 4).

16.

32022 D 0228 (01): Decision No H12 of 19 October 2021 concerning the date to be

taken into consideration for determining the rates of conversion referred to in Article 90

of Regulation (EC) No 987/2009 of the European Parliament and of the Council

(OJ C 93, 28.2.2022, p. 6).

17.

32022 D 0810(01): Decision No H13 of 30 March 2022 concerning the composition and

working methods of the Audit Board of the Administrative Commission for the

Coordination of Social Security Systems (Text of relevance to the EEA and to the

EC/Switzerland Agreement) 2022/C 305/03 (OJ C 305, 10.8.2022, p. 4).

18.

32024 D 00594: Decision No H14 of 21 June 2023 concerning the publication of the

Guidance note on COVID-19 pandemic, the note on the interpretation of the application

of Title II of Regulation (EC) No 883/2004 and Articles 67 and 70 of Regulation

(EC) No 987/2009 during the COVID-19 pandemic, the Guidance note on telework

applicable for the period between 1 July 2022 and 30 June 2023 and the Guidance note

on telework applicable from 1 July 2023 (OJ C/2024/594, 11.01.2024).

19.

32024 D 06845: Decision No H15 of 27 June 2024 concerning the methods of operation

and the composition of the Technical Commission for Data Processing of the

Administrative Commission for the Coordination of Social Security Systems

(OJ C, C/2024/6845, 14.11.2024).

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20.

32010 D 0424(07): Decision of the Administrative Commission for the Coordination of

Social Security Systems No P1 of 12 June 2009 on the interpretation of

Articles 50(4), 58 and 87(5) of Regulation (EC) No 883/2004 of the European

Parliament and of the Council for the award of invalidity, old-Age and survivors'

benefits (OJ C 106, 24.4.2010, p. 21).

21.

32013 D 0927(01): Decision No R1 of 20 June 2013 concerning the interpretation of

Article 85 of Regulation (EC) No 987/2009 (OJ C 279, 27.9.2013, p. 11).

22.

32010 D 0424(08): Decision of the Administrative Commission for the Coordination of

Social Security Systems No S1 of 12 June 2009 concerning the European Health

Insurance Card (OJ C 106, 24.4.2010, p. 23).

23.

32010 D 0424(09): Decision of the Administrative Commission for the Coordination of

Social Security Systems No S2 of 12 June 2009 concerning the technical specifications

of the European Health Insurance Card (OJ C 106, 24.4.2010, p. 26).

24.

32010 D 0424(10): Decision of the Administrative Commission for the Coordination of

Social Security Systems No S3 of 12 June 2009 defining the benefits covered by

Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament

and of the Council and Article 25(A) (3) of Regulation (EC) No 987/2009 of the

European Parliament and of the Council (OJ C 106, 24.4.2010, p. 40).

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25.

32010 D 0424(15): Decision of the Administrative Commission for the Coordination of

Social Security Systems No S5 of 2 October 2009 on interpretation of the concept of

'benefits in kind' as defined in Article 1(va) of Regulation (EC) No 883/2004 of the

European Parliament and of the Council in the event of sickness or maternity pursuant

to Articles 17, 19, 20, 22, 24 (1), 25, 26, 27 (1, 3, 4 and 5), 28, 34 and 36 (1 and 2) of

Regulation (EC) No 883/2004 and on calculation of the amounts to be refunded under

Articles 62, 63 and 64 of Regulation (EC) No 987/2009 of the European Parliament and

of the Council (OJ C 106, 24/04/2010, p. 54).

26.

32010 D 0427(02): Decision of the Administrative Commission for the Coordination of

Social Security Systems No S6 of 22 December 2009 concerning the registration in the

Member State of residence under Article 24 of Regulation (EC) No 987/2009 and the

compilation of the inventories provided for in Article 64(4) of Regulation

(EC) No 987/2009 (OJ C 107, 27/04/2010, p. 6).

27.

32011 D 0906(01): Decision No S8 of 15 June 2011 concerning the granting of

prostheses, major appliances and other substantial benefits in kind provided for in

Article 33 of Regulation (EC) No 883/2004 on the coordination of social security

systems (OJ C 262, 6.9.2011, p. 6).

28.

32014 D 0520(02): Decision No S10 of 19 December 2013 concerning the transition

from Regulations (EEC) Nos 1408/71 and 574/72 to Regulations (EC) Nos 883/2004

and 987/2009 and the application of reimbursement procedures (OJ C 152, 20.5.2014,

p. 16).

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29.

32021 D 0618(01): Decision No S11 of 9 December 2020 concerning refund procedures

for the implementation of Articles 35 and 41 of Regulation (EC) No 883/2004

(OJ C 236, 18.6.2021, p. 4).

30.

32025 D 01598: Decision No S12 of 16 October 2024 concerning the reimbursement of

healthcare in connection to patients' transfer to another Member State in case of mass

casualties following disasters (OJ C, C/2025/1598, 13.3.2025).

31.

32010 D 0424(11): Decision of the Administrative Commission for the Coordination of

Social Security Systems No U1 of 12 June 2009 concerning Article 54(3) of Regulation

(EC) No 987/2009 of the European Parliament and of the Council relating to increases

in unemployment benefit for dependent members of the family (OJ C 106, 24.4.2010,

p. 26).

32.

32010 D 0424(12): Decision of the Administrative Commission for the Coordination of

Social Security Systems No U2 of 12 June 2009 concerning the scope of Article 65(2)

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

right to unemployment benefits of wholly unemployed persons other than frontier

workers who were resident in the territory of a Member State other than the competent

Member State during their last period of employment or self-employment

(OJ C 106, 24.4.2010, p. 43).

33.

32010 D 0424(13): Decision of the Administrative Commission for the Coordination of

Social Security Systems No U3 of 12 June 2009 concerning the scope of the concept of

'partial unemployment' applicable to the unemployed persons referred to in Article 65(1)

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

(OJ C 106, 24.4.2010, p. 45).

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34.

32012 D 0225(01): Decision No U4 of 13 December 2011 concerning the

reimbursement procedures under Article 65(6) and (7) of Regulation (EC) No 883/2004

and Article 70 of Regulation (EC) No 987/2009 (OJ C 57, 25.2.2012, p. 4).

A.3 ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

32018 H 0529(01): Recommendation No A1 of 18 October 2017 concerning the

issuance of the attestation referred to in Article 19(2) of Regulation (EC) No 987/2009

of the European Parliament and of the Council (OJ C 183, 29.5.2018, p. 5).

32013 H 0927(01): Recommendation No H1 of 19 June 2013 concerning the Gottardo

judgment, according to which the advantages enjoyed by a State's own nationals under a

bilateral convention on social security with a non-member country must also be granted

to workers who are nationals of other Member States (OJ C 279, 27.09.2013, p. 13).

32019 H 0429(01): Recommendation No H2 of 10 October 2018 concerning the

inclusion of authentication features to Portable Documents issued by the institution of a

Member State and showing the position of a person for the purpose of the application of

Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and

of the Council (OJ C 147, 29.4.2019, p. 6).

32012H0810(01) Recommendation of the Administrative Commission for the

Coordination of Social Security Systems No S1 of 15 March 2012 concerning financial

aspects of cross-border living organ donations (OJ C 240, 10.8.2012, p. 3).

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32014 H 0218(01): Recommendation S2 of 22 October 2013 concerning the entitlement

to benefits in kind for insured persons and members of their family during a stay in a

third country under a bilateral convention between the competent Member State and the

third country (OJ C 46, 18.02.2014, p. 8).

32010 H 0424(02): Recommendation of the Administrative Commission for the

Coordination of Social Security Systems No U1 of 12 June 2009 concerning the

legislation applicable to unemployed persons engaging in part-time professional or trade

activity in a Member State other than the State of residence (OJ C 106, 24.4.2010,

p. 49).

32010 H 0424(03): Recommendation of the Administrative Commission for the

Coordination of Social Security Systems No U2 of 12 June 2009 concerning the

application of Article 64(1)(a) of Regulation (EC) No 883/2004 of the European

Parliament and of the Council to unemployed persons accompanying their spouses or

partners pursuing a professional or trade activity in a Member State other than the

competent State (OJ C 106, 24.4.2010, p. 51).

SAFEGUARDING OF SUPPLEMENTARY PENSION RIGHTS

ACTS REFERRED TO

31998 L 0049: Council Directive 98/49/EC of 29 June 1998 on safeguarding the

supplementary pension rights of employed and self-employed persons moving within

the Community (OJ L 209, 25.7.1998, p. 46).

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32014 L 0050: Directive 2014/50/EU of the European Parliament and of the Council

of 16 April 2014 on minimum requirements for enhancing worker mobility between

Member States by improving the acquisition and preservation of supplementary pension

rights (OJ L 128, 30.4.2014, p. 1).

The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptation:

Article 6(5): the reference to Article 11 of Directive 2003/41/EC shall not apply to

Switzerland.

Switzerland shall take the measures referred to in Article 8 of the Directive 2014/50/EU by

the first day of the forty-ninth month following the entry into force of the Amending Protocol.

________________

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PROTOCOL I

to Annex II to the Agreement

Unemployment insurance

The following arrangements shall apply to workers who are nationals of the Czech Republic,

the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of

Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic

until 30 April 2011 and to workers who are nationals of the Republic of Bulgaria and

Romania until 31 May 2016. It shall apply to workers who are nationals of the Republic of

Croatia until the end of the seventh year after the entry into force of the Protocol regarding the

participation of the Republic of Croatia.

The following rules shall apply with respect to unemployment insurance for workers

holding a residence permit with a period of validity of less than one year.

1.1. Only workers who have paid contributions in Switzerland for the minimum period

required under the Federal Unemployment Insurance and Insolvency Allowances Act

(loi

fédérale sur l’assurance-chômage obligatoire et l’indemnité en cas d’insolvabilité

–

LACI)

and who also satisfy the other conditions of eligibility for unemployment

benefit shall be entitled to such benefit provided by the unemployment insurance under

the conditions laid down by law.

Currently 12 months.

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1.2. A portion of the contributions levied for workers whose period of contribution is too

short to give entitlement to unemployment benefit in Switzerland under 1.1 shall be

refunded to their States of origin in accordance with the provisions of 1.3. in order to

contribute towards the cost of benefits provided to these workers in the event of full

unemployment; these workers shall then have no entitlement to benefit in the event of

their being fully unemployed in Switzerland. They shall, however, be entitled to

allowances for bad weather and in the event of the employer becoming insolvent.

Benefits in the event of full unemployment shall be paid by the State of origin, provided

that the workers concerned make themselves available for work. Periods of insurance

completed in Switzerland shall be taken into account in the same way as if they had

been completed in the State of origin.

1.3. The portion of the contributions levied for workers referred to in 1.2 shall be refunded

on an annual basis in accordance with the following provisions:

(a)

The total contributions of these workers shall be calculated, by country, on the

basis of the annual number of workers employed and the average annual

contributions paid for each worker (employer's and employee's contributions).

(b)

Of the amount calculated in this way, a portion thereof corresponding to the

relative share represented by unemployment benefit as a percentage of all the

allowances referred to in 1.2 shall be refunded to the workers' States of origin, and

a portion shall be retained by Switzerland as a reserve for subsequent benefits

Refunded contributions for workers who will exercise their right to unemployment benefit in

Switzerland after having paid contributions for at least 12 months – over several periods of

residence – within the space of two years.

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(c)

Switzerland shall, on an annual basis, provide a statement showing the

contributions refunded. If the States of origin so request, it shall indicate the bases

for the calculation and the sums refunded. The States of origin shall each year

notify Switzerland of the number of recipients of unemployment benefit as

referred to in 1.2.

If a Member State concerned by this arrangement encounters difficulties with the ending

of the arrangements for refunding of contributions, or Switzerland encounters

difficulties with the aggregation arrangements, the matter may be referred to the Joint

Committee by any of the Contracting Parties.

II.

Allowances for helpless persons

Allowances for helpless persons granted under the Swiss Federal Law on invalidity insurance

of 19 June 1959 and under the Federal Law on old-age and survivors' insurance

of 20 December 1946 as amended on 8 October 1999 shall be provided exclusively if the

person concerned resides in Switzerland.

III.

Application of Regulation (EC) No 883/2004 to the extended vested benefits

Switzerland shall apply Regulation (EC) No 883/2004 to the extended scheme under the

Federal Law on free movement among occupational benefit plans concerning old-age,

survivors' and invalidity pensions of 17 December 1993 by the first day of the forty-ninth

month following the entry into force of the Amending Protocol.

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PROTOCOL II

to Annex II to the Agreement

CONSIDERING that Article 33 of the Agreement on the withdrawal of the United Kingdom of

Great Britain and Northern Ireland from the European Union and the European Atomic Energy

Community (the 'Withdrawal Agreement') states that Title III of Part Two of the Withdrawal

Agreement shall apply to nationals of Iceland, the Principality of Liechtenstein, the Kingdom of

Norway and the Swiss Confederation provided that those countries have concluded and apply

corresponding agreements with the United Kingdom of Great Britain and Northern Ireland which

apply to Union citizens, as well as with the Union which apply to United Kingdom nationals,

CONSIDERING that Article 26b of the Agreement between the United Kingdom of Great Britain

and Northern Ireland and the Swiss Confederation on citizens' rights following the withdrawal of

the United Kingdom from the European Union and the Free Movement of Persons Agreement states

that the provisions of Part III of that agreement shall apply to Union citizens, provided that the

Union has concluded and applies corresponding agreements with the United Kingdom of Great

Britain and Northern Ireland which apply to Swiss nationals, as well as with Switzerland which

applies to United Kingdom nationals,

RECOGNISING that it is necessary to provide reciprocal protection of social security rights for

United Kingdom nationals, as well as their family members and survivors who, by the end of the

transition period, are or have been in a cross-border situation involving one or more of the

Contracting Parties to the Free Movement of Persons Agreement and the United Kingdom of Great

Britain and Northern Ireland at the same time,

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ARTICLE 1

Definitions and references

(a)

For the purposes of this Protocol the following definitions shall apply:

'Withdrawal Agreement' means the Agreement on the withdrawal of the United Kingdom of

Great Britain and Northern Ireland from the European Union and the European Atomic

Energy Community

;

(b)

'Citizens' Rights Agreement' means the Agreement between the United Kingdom of Great

Britain and Northern Ireland and the Swiss Confederation on citizens' rights following the

withdrawal of the United Kingdom from the European Union and the Free Movement of

Persons Agreement;

(c)

(d)

'States covered' means the Member States of the Union and Switzerland;

'transition period' means the transition period referred to in Article 126 of the

Withdrawal Agreement;

(e)

the definitions in Article 1 of Regulation (EC) No 883/2004 of the European Parliament and

of the Council

and Article 1 of Regulation (EC) No 987/2009 of the European Parliament and

of the Council

OJ L 29, 31.1.2020, p. 7.

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 as

corrected in OJ L 200, 7.6.2004, p. 1).

Regulation (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).

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For the purposes of this Protocol, all references to Member States and competent authorities

of Member States in provisions of Union law made applicable by this Protocol shall be understood

as including the United Kingdom and its competent authorities.

ARTICLE 2

Persons covered

(a)

This Protocol shall apply to the following persons:

United Kingdom nationals who are subject to the legislation of one of the States covered at

the end of the transition period, as well as their family members and survivors;

(b)

United Kingdom nationals who reside in one of the States covered, and are subject to the

legislation of the United Kingdom at the end of the transition period, as well as their family

members and survivors;

(c)

persons who do not fall within point (a) or (b) but are United Kingdom nationals who pursue

an activity as an employed or self-employed person in one or more of the States covered at the

end of the transition period, and who, based on Title II of Regulation (EC) No 883/2004, are

subject to the legislation of the United Kingdom, as well as their family members and

survivors;

(d)

stateless persons and refugees, residing in one of the States covered or in the United

Kingdom, who are in one of the situations described in points (a) to (c), as well as their family

members and survivors.

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The persons referred to in paragraph 1 shall be covered for as long as they continue without

interruption to be in one of the situations set out in that paragraph involving both one of the States

covered and the United Kingdom at the same time.

This Protocol shall also apply to United Kingdom nationals who do not, or who no longer, fall

within one of the situations set out in paragraph 1 of this Article but who fall within Article 10 of

the Withdrawal Agreement or within Article 10 of the Citizens' Rights Agreement, as well as their

family members and survivors.

The persons referred to in paragraph 3 shall be covered for as long as they continue to have a

right to reside in one of the States covered under Article 13 of the Withdrawal Agreement or

Article 12 of the Citizens' Rights Agreement, or a right to work in their State of work under

Article 24 or 25 of the Withdrawal Agreement or Article 20 of the Citizens' Rights Agreement.

Where this Article refers to family members and survivors, those persons shall be covered by

this Protocol only to the extent that they derive rights and obligations in that capacity under

Regulation (EC) No 883/2004.

ARTICLE 3

Social security coordination rules

The rules and objectives set out in Article 8 of the Agreement and in this Annex, Regulations

(EC) No 883/2004 and (EC) No 987/2009 shall apply to the persons covered by this Protocol.

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The States covered shall take due account of the Decisions and Recommendations of the

Administrative Commission for the Coordination of Social Security Systems attached to the

European Commission set up under Regulation (EC) No 883/2004 (the 'Administrative

Commission') listed in Section A of this Annex.

ARTICLE 4

Special situations covered

The following rules shall apply in the following situations to the extent set out in this Article,

insofar as they relate to persons not, or no longer, covered by Article 2:

(a)

United Kingdom nationals, as well as stateless persons and refugees residing in the United

Kingdom who have been subject to the legislation of one of the States covered before the end

of the transition period, as well as their family members and survivors, shall be covered by

this Protocol for the purposes of reliance on, and aggregation of, periods of insurance,

employment, self-employment or residence, including rights and obligations deriving from

such periods in accordance with Regulation (EC) No 883/2004; for the purposes of the

aggregation of periods, periods completed both before and after the end of the transition

period shall be taken into account in accordance with Regulation (EC) No 883/2004;

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(b)

the rules set out in Articles 20 and 27 of Regulation (EC) No 883/2004 shall continue to apply

to United Kingdom nationals, as well as stateless persons and refugees residing in the United

Kingdom who, before the end of the transition period, had requested authorisation to receive a

course of planned health care treatment pursuant to Regulation (EC) No 883/2004, until the

end of the treatment. The corresponding reimbursement procedures shall also apply even after

the treatment ends. Such persons and the accompanying persons shall enjoy the right to enter

and exit the State of treatment in accordance with Article 14 of the Withdrawal Agreement

mutatis mutandis and with Article 13 of the Citizens' Rights Agreement

mutatis mutandis;

(c)

the rules set out in Articles 19 and 27 of Regulation (EC) No 883/2004 shall continue to apply

to United Kingdom nationals, as well as stateless persons and refugees residing in the United

Kingdom who are covered by Regulation (EC) No 883/2004 and who are on a stay at the end

of the transition period in one of the States covered or the United Kingdom, until the end of

their stay. The corresponding reimbursement procedures shall also apply even after the stay or

treatment ends;

(d)

the rules set out in Articles 67, 68 and 69 of Regulation (EC) No 883/2004 shall continue to

apply, for as long as the conditions are fulfilled, to awards of family benefits to which there is

entitlement at the end of the transition period for United Kingdom nationals, as well as

stateless persons and refugees residing in the United Kingdom who are subject to the

legislation of the United Kingdom and have family members residing in one of the States

covered at the end of the transition period;

(e)

in the situations set out in point (d) of this paragraph, for any persons who have rights as

family members at the end of the transition period under Regulation (EC) No 883/2004, such

as derived rights for sickness benefits in kind, that Regulation and the corresponding

provisions of Regulation (EC) No 987/2009 shall continue to apply for as long as the

conditions provided therein are fulfilled.

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The provisions of Chapter 1 of Title III of Regulation (EC) No 883/2004 as regards sickness

benefits shall apply to persons receiving benefits under point (a) of paragraph 1 of this Article.

This paragraph shall apply

mutatis mutandis

as regards family benefits based on Articles 67, 68

and 69 of Regulation (EC) No 883/2004.

ARTICLE 5

Reimbursement, recovery and offsetting

The provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 on reimbursement,

recovery and offsetting shall continue to apply in relation to events, insofar as they relate to persons

not covered by Article 2, that:

(a)

(b)

occurred before the end of the transition period; or

occur after the end of the transition period and relate to persons who were covered by

Article 2 or 4 when the event occurred.

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ARTICLE 6

Development of law and adaptations

Notwithstanding paragraph 3, references in this Protocol to Regulations (EC) No 883/2004

and (EC) No 987/2009 or provisions thereof, shall be understood as references to the acts or

provisions as integrated into the Agreement, as applicable on the last day of the transition period.

Where Regulations (EC) No 883/2004 and (EC) No 987/2009 are amended or replaced after

the end of the transition period, references to those Regulations in this Protocol shall be understood

as referring to those Regulations as amended or replaced, in accordance with the acts listed in

Part II of Annex I to the Withdrawal Agreement, as regards the Union, and Part II of Annex I to the

Citizens' Rights Agreement, as regards Switzerland.

Regulations (EC) No 883/2004 and (EC) No 987/2009 shall, for the purposes of this Protocol,

be understood as comprising the adaptations listed in Part III of Annex I to the Withdrawal

Agreement, as regards the Union, and Part III of Annex I of the Citizens' Rights Agreement, as

regards Switzerland.

For the purposes of this Protocol, the amendments and adaptations referred to in paragraphs 2

and 3 shall take effect on the day following the day on which the corresponding amendments and

adaptations of Annex I to the Withdrawal Agreement or of Annex I to the Citizens' Rights

Agreement take effect, whichever is the latest.".

_______________

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ANNEX III

MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

Amendments to Annex III to the Agreement

Annex III to the Agreement is replaced by the following:

"ANNEX

III

MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

(Diplomas, certificates and other evidence of formal qualifications)

SECTION 1

INTRODUCTION

For the purposes of the application of Articles 2 to 9 of the Agreement, the legal acts of the Union

listed in Section 2 of this Annex, shall apply subject to the principle of dynamic alignment referred

to in Article 5 of the Institutional Protocol to this Agreement, as well as subject to the exceptions

listed in paragraph 7 of that Article.

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Unless otherwise provided for in technical adaptations, rights and obligations provided for in the

legal acts of the Union integrated into this Annex for Member States of the Union shall be

understood to be provided for for Switzerland. This shall be applied in full respect of the

Institutional Protocol to this Agreement.

Without prejudice to Article 16 of the Institutional Protocol to this Agreement, and unless otherwise

provided for in technical adaptations, provisions in the acts listed in Section 2 that require the

Member States to provide information to other Member States or to the Commission shall apply to

Switzerland. When this information relates to surveillance or application, Switzerland shall

communicate this information via the Joint Committee.

SECTION 2

ACTS REFERRED TO

32005 L 0036: Directive 2005/36/EC of the European Parliament and of the Council

of 7 September 2005 on the recognition of professional qualifications

(OJ L 255, 30.9.2005, p. 22),

as amended by:

–

Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the

field of freedom of movement of persons, by reason of the accession of Bulgaria and

Romania (OJ L 363, 20.12.2006, p. 141),

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–

Commission Regulation (EU) No 213/2011 of 3 March 2011 amending Annexes II

and V to Directive 2005/36/EC of the European Parliament and of the Council on the

recognition of professional qualifications (OJ L 59, 4.3.2011, p. 4),

–

Communication from the Commission – Notification of the professional associations or

organisations fulfilling the conditions of Article 3(2) listed under Annex I to

Directive 2005/36/EC (OJ C 111, 15.5.2009, p. 1),

–

Communication from the Commission – Notification of the professional associations or

organisations fulfilling the conditions of Article 3(2) listed under Annex I to

Directive 2005/36/EC (OJ C 182, 23.6.2011, p. 1),

–

Act concerning the conditions of accession of the Republic of Croatia and the

adjustments to the Treaty on European Union, the Treaty on the Functioning of the

European Union and the Treaty establishing the European Atomic Energy Community

(OJ L 112, 24.4.2012, p. 10),

–

Council Directive 2013/25/EU of 13 May 2013 adapting certain directives in the field of

right of establishment and freedom to provide services, by reason of the accession of the

Republic of Croatia (OJ L 158, 10.6.2013, p. 368),

–

Directive 2013/55/EU of the European Parliament and of the Council

of 20 November 2013 amending Directive 2005/36/EC on the recognition of

professional qualifications and Regulation (EU) No 1024/2012 on administrative

cooperation through the Internal Market Information System

(OJ L 354, 28.12.2013, p. 132),

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–

Commission Delegated Decision (EU) 2016/790 of 13 January 2016 amending

Annex V to Directive 2005/36/EC of the European Parliament and of the Council as

regards the evidence of formal qualifications and the titles of training courses

(OJ L 134, 24.5.2016, p. 135),

–

Commission Delegated Decision (EU) 2017/2113 of 11 September 2017 amending

Annex V to Directive 2005/36/EC of the European Parliament and of the Council as

regards evidence of formal qualifications and the titles of training courses

(OJ L 317, 1.12.2017, p. 119),

–

Commission Delegated Decision (EU) 2019/608 of 16 January 2019 amending

Annex V to Directive 2005/36/EC of the European Parliament and of the Council as

regards the evidence of formal qualifications and titles of training courses

(OJ L 104, 15.4.2019, p. 1),

–

Commission Delegated Decision (EU) 2020/548 of 23 January 2020 amending

Annex V to Directive 2005/36/EC of the European Parliament and of the Council as

regards the evidence of formal qualifications and titles of training courses

(OJ L 131, 24.4.2020, p. 1),

–

Commission Delegated Decision (EU) 2021/2183 of 25 August 2021 amending

Annex V to Directive 2005/36/EC of the European Parliament and of the Council as

regards the evidence of formal qualifications and titles of training courses

(OJ L 444, 10.12.2021, p. 16),

–

Commission Delegated Decision (EU) 2023/2383 of 23 May 2023 amending and

correcting Directive 2005/36/EC of the European Parliament and of the Council as

regards the evidence of formal qualifications and titles of training courses

(OJ L 2383, 9.10.2023, p. 1),

& /en 4

kom (2025) 0308 - Ingen titel

–

Commission Delegated Directive (EU) 2024/782 of 4 March 2024 amending

Directive 2005/36/EC of the European Parliament and of the Council as regards the

minimum training requirements for the professions of nurse responsible for general

care, dental practitioner and pharmacist (OJ L, 2024/782, 31.5.2024),

–

Commission Delegated Decision (EU) 2024/1395 of 31 May 2024 amending Directive

2005/36/EC of the European Parliament and of the Council as regards the evidence of

formal qualifications and titles of training courses (OJ L, 2024/1395, 31.5.2024).

corrected by:

–

Corrigendum to Directive 2005/36/EC of the European Parliament and of the Council

of 7 September 2005 on the recognition of professional qualifications

(OJ L 93, 4.4.2008, p. 28),

–

Corrigendum to Council Directive 2006/100/EC of 20 November 2006 adapting certain

Directives in the field of freedom of movement of persons, by reason of the accession of

Bulgaria and Romania (OJ L 177, 8.7.2015, p. 60).

& /en 5

kom (2025) 0308 - Ingen titel

The provisions of the Directive shall, for the purposes of this Agreement, be read with the

following adaptations:

(a)

the following text is added to point 5.1.1 of Annex V to the Directive:

'Country

Evidence of formal

qualifications

Body awarding the

qualifications

Eidgenössisches

Departement des

Innern

Département fédéral

de l’intérieur

Dipartimento

federale dell’interno

Certificate

accompanying the

qualifications

Reference

date

1 June 2002'

Switzerland Eidgenössisches

Arztdiplom

Diplôme fédéral de

médecin

Diploma federale di

medico

(b)

the following text is added to point 5.1.2 of Annex V to the Directive:

'Country

Switzerland

Evidence of formal

qualifications

Diplom als Facharzt

Diplôme de

médecin spécialiste

Diploma di medico

specialista

Body awarding the qualifications

Eidgenössisches Departement des Innern

und Verbindung der Schweizer Ärztinnen

und Ärzte (FMH) / Schweizerische

Institut für ärztliche Weiter- und

Fortbildung (SIWF)

Département fédéral de l’intérieur et

Fédération des médecins suisses (FMH) /

Institut suisse pour la formation médicale

postgraduée et continue (ISFM)

Dipartimento federale dell’interno e

Federazione dei medici svizzeri (FMH) /

Istituto svizzero per la formazione medica

(ISFM)

Reference

date

1 June 2002'

& /en 6

kom (2025) 0308 - Ingen titel

(c)

the following text is added to point 5.1.3 of Annex V to the Directive:

'Country

Title

Anaesthetics

Minimum period of training: 3 years

Switzerland

Anästhesiologie

Anesthésiologie

Anestesiologia

Country

Title

General surgery

Minimum period of training: 5 years

Switzerland

Chirurgie

Chirurgia

Country

Title

Neurological surgery

Minimum period of training: 5 years

Switzerland

Neurochirurgie

Neurochirurgia

Country

Title

Obstetrics and gynaecology

Minimum period of training: 4 years

Switzerland

Gynäkologie und Geburtshilfe

Gynécologie et obstétrique

Ginecologia e ostetricia

& /en 7

kom (2025) 0308 - Ingen titel

Country

Title

General (internal) medicine

Minimum period of training: 5 years

Switzerland

Allgemeine Innere Medizin

Médecine interne générale

Medicina interna generale

Country

Title

Ophthalmology

Minimum period of training: 3 years

Switzerland

Ophthalmologie

Ophtalmologie

Oftalmologia

Country

Title

Otorhinolaryngology

Minimum period of training: 3 years

Switzerland

Oto-Rhino-Laryngologie

Oto-rhino-laryngologie

Otorinolaringoiatria

Country

Title

Paediatrics

Minimum period of training: 4 years

Switzerland

Kinder- und Jugendmedizin

Pédiatrie

Pediatria

& /en 8

kom (2025) 0308 - Ingen titel

Country

Title

Respiratory medicine

Minimum period of training: 4 years

Switzerland

Pneumologie

Pneumologia

Country

Title

Urology

Minimum period of training: 5 years

Switzerland

Urologie

Urologia

Country

Title

Orthopaedics

Minimum period of training: 5 years

Switzerland

Orthopädische Chirurgie und Traumatologie des

Bewegungsapparates

Chirurgie orthopédique et traumatologie de l’appareil locomoteur

Chirurgia ortopedica e traumatologia dell’apparato locomotore

Country

Title

Pathological anatomy

Minimum period of training: 4 years

Switzerland

Pathologie

Patologia

& /en 9

kom (2025) 0308 - Ingen titel

Country

Title

Neurology

Minimum period of training: 4 years

Switzerland

Neurologie

Neurologia

Country

Title

Psychiatry

Minimum period of training: 4 years

Switzerland

Psychiatrie und Psychotherapie

Psychiatrie et psychothérapie

Psichiatria e psicoterapia

Country

Title

Diagnostic radiology

Minimum period of training: 4 years

Switzerland

Radiologie

Radiologia

Country

Title

Radiotherapy

Minimum period of training: 4 years

Switzerland

Radio-Onkologie/Strahlentherapie

Radio-oncologie/radiothérapie

Radio-oncologia/radioterapia

& /en 10

kom (2025) 0308 - Ingen titel

Country

Title

Plastic surgery

Minimum period of training: 5 years

Switzerland

Plastische, Rekonstruktive und Ästhetische Chirurgie

Chirurgie plastique, reconstructive et esthétique

Chirurgia plastica, ricostruttiva ed estetica

Country

Title

Thoracic surgery

Minimum period of training: 5 years

Switzerland

Thoraxchirurgie

Chirurgie thoracique

Chirurgia toracica

Country

Title

Cardiac surgery

Minimum period of training: 5 years

Switzerland

Herz- und thorakale Gefässchirurgie;

Chirurgie cardiaque et vasculaire thoracique

Chirurgia del cuore e dei vasi toracici

The training programme of 1 January 2015 was accredited on 31 August 2018. Holders of

corresponding specialisation issued before the accreditation date receive a new evidence of

formal qualifications as a specialiseds doctor without any further requirements with a current

date of issue.

& /en 11

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Country

Title

Vascular surgery

Minimum period of training: 5 years

Switzerland

Gefässchirurgie

Chirurgie vasculaire

Chirurgia vascolare

Country

Title

Paediatric surgery

Minimum period of training: 5 years

Switzerland

Kinderchirurgie

Chirurgie pédiatrique

Chirurgia pediatrica

Country

Title

Cardiology

Minimum period of training: 4 years

Switzerland

Kardiologie

Cardiologie

Cardiologia

Country

Title

Gastroenterology

Minimum period of training: 4 years

Switzerland

Gastroenterologie

Gastroentérologie

Gastroenterologia

The training programme of 1 January 2015 was accredited on 31 August 2018. Holders of

corresponding specialisation issued before the accreditation date receive a new evidence of

formal qualifications as a specialiseds doctor without any further requirements with a current

date of issue.

& /en 12

kom (2025) 0308 - Ingen titel

Country

Title

Rheumatology

Minimum period of training: 4 years

Switzerland

Rheumatologie

Rhumatologie

Reumatologia

Country

Title

General haematology

Minimum period of training: 3 years

Switzerland

Hämatologie

Hématologie

Ematologia

Country

Title

Endocrinology

Minimum period of training: 3 years

Switzerland

Endokrinologie/Diabetologie

Endocrinologie/diabétologie

Endocrinologia/diabetologia

Country

Title

Physiotherapy

Minimum period of training: 3 years

Switzerland

Physikalische Medizin und Rehabilitation

Médecine physique et réadaptation

Medicina fisica e riabilitazione

& /en 13

kom (2025) 0308 - Ingen titel

Country

Title

Dermato-venereology

Minimum period of training: 3 years

Switzerland

Dermatologie und Venerologie

Dermatologie et vénéréologie

Dermatologia e venerologia

Country

Title

Tropical medicine

Minimum period of training: 4 years

Switzerland

Tropen- und Reisemedizin

Médecine tropicale et médecine des voyages

Medicina tropicale e medicina di viaggio

Country

Title

Child psychiatry

Minimum period of training: 4 years

Switzerland

Kinder- und Jugendpsychiatrie und -psychotherapie

Psychiatrie et psychothérapie d’enfants et d’adolescents

Psichiatria e psicoterapia infantile e dell’adolescenza

Country

Title

Renal diseases

Minimum period of training: 4 years

Switzerland

Nephrologie

Néphrologie

Nefrologia

& /en 14

kom (2025) 0308 - Ingen titel

Country

Title

Communicable diseases

Minimum period of training: 4 years

Switzerland

Infektiologie

Infectiologie

Malattie infettive

Country

Title

Community medicine

Minimum period of training: 4 years

Switzerland

Prävention und Gesundheitswesen

Prévention et santé publique

Prevenzione e salute pubblica

Country

Title

Pharmacology

Minimum period of training: 4 years

Switzerland

Klinische Pharmakologie und Toxikologie

Pharmacologie et toxicologie cliniques

Farmacologia e tossicologia clinica

Country

Title

Occupational medicine

Minimum period of training: 4 years

Switzerland

Arbeitsmedizin

Médecine du travail

Medicina del lavoro

& /en 15

kom (2025) 0308 - Ingen titel

Country

Title

Allergology

Minimum period of training: 3 years

Switzerland

Allergologie und klinische Immunologie

Allergologie et immunologie clinique

Allergologia e immunologia clinica

Country

Title

Nuclear medicine

Minimum period of training: 4 years

Switzerland

Nuklearmedizin

Médecine nucléaire

Medicina nucleare

Country

Title of diploma

Dental, oral and maxillo-facial surgery

(basic medical and dental training)

Minimum period of training: 4 years

Switzerland

Mund-, Kiefer- und Gesichtschirurgie

Chirurgie orale et maxillo-faciale

Chirurgia oro-maxillo-facciale

Country

Title

Medical oncology

Minimum period of training: 5 years

Switzerland

Medizinische Onkologie

Oncologie médicale

Oncologia medica

& /en 16

kom (2025) 0308 - Ingen titel

Country

Title

Medical genetics

Minimum period of training: 4 years

Switzerland

Medizinische Genetik

Génétique médicale

Genetica medica'

(d)

the following text is added to point 5.1.4 of Annex V to the Directive:

'Country

Evidence of formal qualifications

Professional title

Praktischer Arzt/Praktische

Ärztin

Médecin praticien

Medico generico

Reference

date

1 June 2002'

Switzerland Diplom als praktischer

Arzt/praktische Ärztin

Diplôme de médecin praticien

Diploma di medico generico

(e)

the following text is added to point 5.2.2 of Annex V to the Directive:

Country

Evidence of

formal

qualifications

Body awarding the

evidence of qualifications

Schulen, die staatlich

anerkannte

Bildungsgänge

durchführen

Écoles qui proposent des

filières de formation

reconnues par l’État

Scuole che propongono

dei cicli di formazione

riconosciuti dallo Stato

Professional

title

Reference

date

Switzerland 1. Diplomierte

Pflegefachfrau,

diplomierter

Pflegefachmann

Infirmière

diplômée et

infirmier diplômé

Infermiera

diplomata e

infermiere

diplomato

Pflegefachfrau, 1 June 2002

Pflegefachmann

Infirmière,

infirmier

Infermiera,

infermiere

& /en 17

kom (2025) 0308 - Ingen titel

Country

Evidence of

formal

qualifications

2. Bachelor of

Science in

nursing

Body awarding the

evidence of qualifications

Schulen, die staatlich

anerkannte

Bildungsgänge

durchführen

Écoles qui proposent des

filières de formation

reconnues par l’État

Scuole che propongono

dei cicli di formazione

riconosciuti dallo Stato

Professional

title

Reference

date

Pflegefachfrau, 30 September

Pflegefachmann 2011

Infirmière,

infirmier

Infermiera,

infermiere

3. Diplomierte

Pflegefachfrau

HF, diplomierter

Pflegefachmann

Infirmière

diplômée ES,

infirmier diplômé

Infermiera

diplomata SSS,

infermiere

diplomato SSS

Höhere Fachschulen, die

staatlich anerkannte

Bildungsgänge

durchführen

Écoles supérieures qui

proposent des filières de

formation reconnues par

l'État

Scuole specializzate

superiori che propongono

dei cicli di formazione

riconosciuti dallo Stato

Pflegefachfrau, 1 June 2002'

Pflegefachmann

Infirmière,

infirmier

Infermiera,

infermiere

& /en 18

kom (2025) 0308 - Ingen titel

(f)

the following text is added to point 5.3.2 of Annex V to the Directive:

'Country

Evidence of

formal

qualifications

Body awarding

the evidence of

qualifications

Eidgenössisches

Departement

des Innern

Certificate

accompanying Professional

the evidence of

title

qualifications

Zahnarzt

Médecin-

dentiste

Medico-

dentista

Reference

date

1 June

2002'

Switzerland Eidgenössisches

Zahnarztdiplom

Diplôme fédéral

Département

médecin-dentiste fédéral de

l’intérieur

Diploma

federale di

Dipartimento

medico-dentista federale

dell’interno

(g)

the following text is added to point 5.3.3 of Annex V to the Directive:

'Orthodontics

Country

Evidence of formal

Body awarding the evidence of qualifications

qualifications

Eidgenössisches Departement des Innern und

Schweizerische Zahnärzte-Gesellschaft

(SSO) / Büro für zahnmedizinische

Weiterbildung (BZW)

Département fédéral de l’intérieur et Société

suisse d’odonto-stomatologie (SSO) / Bureau

pour la formation postgrade en médecine

dentaire (BZW)

Dipartimento federale dell’interno e Società

Svizzera di Odontologia e Stomatologia

(SSO) / Ufficio per la formazione post-laurea

in odontoiatria (BZW)

Reference

date

1 June 2002

Switzerland Diplom für

Kieferorthopädie

Diplôme fédéral

d’orthodontiste

Diploma di

ortodontista

& /en 19

kom (2025) 0308 - Ingen titel

Oral surgery

Country

Switzerland

Evidence of formal

Body awarding the evidence of qualifications

qualifications

Diplom für

Oralchirurgie

Diplôme fédéral

de chirurgie orale

Diploma di

chirurgia orale

Eidgenössisches Departement des Innern und

Schweizerische Zahnärzte-Gesellschaft

(SSO) / Büro für zahnmedizinische

Weiterbildung (BZW)

Département fédéral de l’intérieur et Société

suisse d’odonto-stomatologie (SSO) / Bureau

pour la formation postgrade en médecine

dentaire (BZW)

Dipartimento federale dell’interno e Società

Svizzera di Odontologia e Stomatologia

(SSO) / Ufficio per la formazione post-laurea

in odontoiatria (BZW)

Reference

date

30 April

2004'

(h)

the following text is added to point 5.4.2 of Annex V to the Directive:

'Country

Evidence of formal

qualifications

Body awarding the

evidence of

qualifications

Eidgenössisches

Departement des

Innern

Département fédéral

de l’intérieur

Dipartimento federale

dell’interno

Certificate

accompanying the

evidence of

qualifications

Reference

date

1 June 2002'

Switzerland Eidgenössisches

Tierarztdiplom

Diplôme fédéral

de vétérinaire

Diploma federale

di veterinario

& /en 20

kom (2025) 0308 - Ingen titel

(i)

the following text is added to point 5.5.2 of Annex V to the Directive:

'Country

Evidence of formal

qualifications

Body awarding the

evidence of qualifications

Schulen, die staatlich

anerkannte

Bildungsgänge

durchführen

Écoles qui proposent des

filières de formation

reconnues par l'État

Scuole che propongono

dei cicli di formazione

riconosciuti dallo Stato

Professional

title

Hebamme

Sage-femme

Levatrice

Reference

date

1 June

2002

Switzerland 1. Diplomierte

Hebamme

Sage-femme diplômée

Levatrice diplomata

2. [Bachelor of

Science [Name of the

UAS] in Midwifery]

"Bachelor of Science

HES-SO de Sage-

femme" (Bachelor of

Science HES-SO in

Midwifery)

"Bachelor of Science

BFH Hebamme"

(Bachelor of Science

BFH in Midwifery)

"Bachelor of Science

ZFH Hebamme"

(Bachelor of Science

ZHAW in Midwifery)

Schulen, die staatlich

anerkannte

Bildungsgänge

durchführen

Écoles qui proposent des

filières de formation

reconnues par l'État

Scuole che propongono

dei cicli di formazione

riconosciuti dallo Stato

Hebamme

Sage-femme

Levatrice

1 June

2002'

& /en 21

kom (2025) 0308 - Ingen titel

(j)

the following text is added to point 5.6.2 of Annex V to the Directive:

'Country

Evidence of formal

qualifications

Body awarding the

evidence of

qualifications

Eidgenössisches

Departement des

Innern

Département fédéral

de l’intérieur

Dipartimento federale

dell’interno

Certificate

accompanying

the evidence of

qualifications

Reference

date

1 June

2002'

Switzerland Eidgenössisches

Apothekerdiplom

Diplôme fédéral de

pharmacien

Diploma federale di

farmacista

(k)

the following text is added to point 5.7.1 of Annex V to the Directive:

'Country

Evidence of formal

qualifications

Body awarding the

evidence of qualifications

Accademia di Architettura

dell’Università della

Svizzera Italiana

Haute école spécialisée de

Suisse occidentale

(HES-SO) together with

Berner Fachhochschule

(BFH)

Haute école spécialisée de

Suisse occidentale

(HES-SO) together with

Berner Fachhochschule

(BFH)

Fachhochschule

Nordwestschweiz FHNW

Certificate

accompanying

the evidence of

qualifications

Reference

academic

year

2002-2003

Switzerland Master of Science in

Architecture –

Diploma di architetto

(Arch. Dipl. USI)

Master of Arts

BFH/HES-SO en

architecture, Master

of Arts

BFH/HES-SO in

Architecture

Master of Arts

BFH/HES-SO in

Architektur, Master

of Arts

BFH/HES-SO in

Architecture

Master of Arts

FHNW in

Architektur

2007-2008

& /en 22

kom (2025) 0308 - Ingen titel

'Country

Evidence of formal

qualifications

Master of Arts FHZ

in Architektur

Master of Arts ZFH

in Architektur

Body awarding the

evidence of qualifications

Fachhochschule

Zentralschweiz (FHZ)

Zürcher Fachhochschule

(ZFH), Zürcher

Hochschule für

Angewandte

Wissenschaften (ZHAW),

Departement Architektur,

Gestaltung und

Bauingenieurwesen

École Polytechnique

Fédérale de Lausanne

Certificate

accompanying

the evidence of

qualifications

Reference

academic

year

2007-2008

Master of Science

MSc in Architecture,

Architecte (arch.

Dipl). EPF)

Master of Science

ETH in Architektur,

MSc ETH Arch

2007-2008

Eidgenössische

Technische Hochschule

Zurich

2007-2008

(l)

the following text is added to Annex VI to the Directive:

'Country

Switzerland

Evidence of formal qualifications

1. Diploma di Architetto

3. Dipl. Arch. ETH,

arch. dipl. EPF,

arch. dipl. PF

4. Architecte diplômé EAUG

5. Architekt REG A

Architecte REG A

Architetto REG A

Reference

academic year

1996-1997

2004-2005

2. Master of Arts/Science in Architecture – Diploma di Architetto 2000-2001

2004-2005

2004-2005'

& /en 23

kom (2025) 0308 - Ingen titel

31977 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective

exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17),

as amended by:

–

1 1979 H: Act concerning the Conditions of Accession and Adjustments to the Treaties

– Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 91),

–

1 1985 I: Act concerning the Conditions of Accession and Adjustments to the Treaties –

Accession of the Kingdom of Spain and the Portuguese Republic

(OJ L 302, 15.11.1985, p. 23),

–

Decision of the Council of the European Union 95/1/EC, Euratom, ECSC,

of 1 January 1995 adjusting the instruments concerning the accession of new

Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

–

1 2003 T: Act concerning the conditions of accession of the Czech Republic, the

Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the

Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on

which the European Union is founded adopted on 16 April 2003

(OJ L 236, 23.9.2003, p. 33),

–

32006 L 0100: Council Directive 2006/100/EC of 20 November 2006 adapting certain

Directives in the field of freedom of movement of persons, by reason of the accession of

Bulgaria and Romania (OJ L 363, 20.12.2006, p. 141),

& /en 24

kom (2025) 0308 - Ingen titel

–

32013 L 0025: Council Directive 2013/25/EU of 13 May 2013adapting certain

directives in the field of right of establishment and freedom to provide services, by

reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 368).

For the purposes of this Agreement, Directive 77/249/EEC shall be adapted as follows:

The following text is added to Article 1(2):

'Switzerland:

Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech

Avocat

Avvocato'.

31998 L 0005: Directive 98/5/EC of the European Parliament and of the Council

of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a

Member State other than that in which the qualification was obtained

(OJ L 77, 14.3.1998, p. 36), as amended by:

–

1 2003 T: Act concerning the conditions of accession of the Czech Republic, the

Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the

Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on

which the European Union is founded adopted on 16 April 2003

(OJ L 236, 23.9.2003, p. 33),

& /en 25

kom (2025) 0308 - Ingen titel

–

32006 L 0100: Council Directive 2006/100/EC of 20 November 2006 adapting certain

Directives in the field of freedom of movement of persons, by reason of the accession of

Bulgaria and Romania (OJ L 363, 20.12.2006, p. 141),

–

32013 L 0025: Council Directive 2013/25/EU of 13 May 2013 adapting certain

directives in the field of right of establishment and freedom to provide services, by

reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 368).

For the purposes of this Agreement, Directive 98/5/EC is adapted as follows:

The following text is added to point (a) of Article 1(2):

'Switzerland:

Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech

Avocat

Avvocato'.

31974 L 0556: Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions

concerning transitional measures relating to activities, trade in and distribution of toxic

products and activities entailing the professional use of such products including activities of

intermediaries (OJ L 307, 18.11.1974, p. 1).

& /en 26

kom (2025) 0308 - Ingen titel

31974 L 0557: Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of

establishment and freedom to provide services in respect of activities of self-employed

persons and of intermediaries engaging in the trade and distribution of toxic products

(OJ L 307, 18.11.1974, p. 5), as amended by:

–

Decision of the Council of the European Union 95/1/EC, Euratom, ECSC,

of 1 January 1995 adjusting the instruments concerning the accession of new

Member States to the European Union (OJ L 1, 1.1.1995, p. 1),

–

1 2003 T: Act concerning the conditions of accession of the Czech Republic, the

Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the

Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on

which the European Union is founded adopted on 16 April 2003

(OJ L 236, 23.9.2003, p. 33),

–

32006 L 0101: Council Directive 2006/0101/EC of 20 November 2006 adapting

Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of freedom to provide

services, by reason of the accession of Bulgaria and Romania

(OJ L 363, 20.12.2006, p. 238),

–

32013 L 0025: Council Directive 2013/25/EU of 13 May 2013 adapting certain

directives in the field of right of establishment and freedom to provide services, by

reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 368).

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For the purposes of this Agreement, Directive 74/557/EEC is adapted as follows:

In Switzerland:

All the products and toxic substances set out in the Federal Law on Protection against

Dangerous Substances and Preparations (classified compilation of federal law (CC 813.1),

and in particular those on the ordinances relating thereto (CC 813) and on the poisonous

substances for the environment (CC 814.812.31, 814.812.32 and 814.812.33).

31986 L 0653: Council Directive 86/653/EEC of 18 December 1986 on the coordination of

the laws of the Member States relating to self-employed commercial agents

(OJ L 382, 31.12.1986, p. 17).

32015 R 0983: Commission Implementing Regulation (EU) 2015/983 of 24 June 2015 on the

procedure for issuance of the European Professional Card and the application of the alert

mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council

(OJ L 159, 25.6.2015, p. 27).

32018 L 0958: Directive (EU) 2018/958 of the European Parliament and of the Council

of 28 June 2018 on a proportionality test before adoption of new regulation of professions

(OJ L 173, 9.7.2018, p. 25)

32019 R 0907: Commission Delegated Regulation (EU) 2019/907 of 14 March 2019

establishing a Common Training Test for ski instructors under Article 49b of

Directive 2005/36/EC of the European Parliament and of the Council on the recognition of the

professional qualifications (OJ L 145, 4.6.2019, p. 7).

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10.

32023 D 0423: Commission Implementing Decision (EU) 2023/423 of 24 February 2023 on a

pilot project to implement the administrative cooperation provisions relating to regulated

professions set out in Directives 2005/36/EC and (EU) 2018/958 of the European Parliament

and of the Council by means of the Internal Market Information System and to integrate the

database of regulated professions into that system (OJ L 61, 27.2.2023, p. 62).

11.

32012 R 1024: 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), as

amended by:

–

32013 L 0055: Directive 2013/55/EU of the European Parliament and of the Council

of 20 November 2013 (OJ L 354, 28.12.2013, p. 132),

–

32014 L 0060: Directive 2014/60/EU of the European Parliament and of the Council

of 15 May 2014 (OJ L 159, 28.5.2014, p. 1), as corrected by OJ L 147, 12.6.2015, p. 24,

–

32014 L 0067: Directive 2014/67/EU of the European Parliament and of the Council

of 15 May 2014 (OJ L 159, 28.5.2014, p. 11),

–

32016 R 1191: Regulation (EU) 2016/1191 of the European Parliament and of the

Council of 6 July 2016 (OJ L 200, 26.7.2016, p. 1),

–

32016 R 1628: Regulation (EU) 2016/1628 of the European Parliament and of the

Council of 14 September 2016 (OJ L 252, 16.9.2016, p. 53), as corrected by

OJ L 231, 6.9.2019, p. 29,

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–

32018 R 1724: Regulation (EU) 2018/1724 of the European Parliament and of the

Council of 2 October 2018 (OJ L 295, 21.11.2018, p. 1),

–

32020 L 1057: Directive (EU) 2020/1057 of the European Parliament and of the

Council of 15 July 2020 (OJ L 249, 31.7.2020, p. 49),

–

32020 R 1055: Regulation (EU) 2020/1055 of the European Parliament and of the

Council of 15 July 2020 (OJ L 249, 31.7.2020, p. 17).

Switzerland shall use the Internal Market Information System (IMI) as a third country for

exchanges of information, including personal data, with IMI actors within the Union to

implement administrative cooperation procedures where applicable for the purposes of this

Agreement.

For the purposes of this Agreement, the Commission continues to consider Switzerland to

provide adequate protection of personal data as referred to in Article 23(1)(c) of Regulation

(EU) No 1024/2012 as long as Decision 2000/518/EC

remains in force.

Switzerland shall use the IMI system to implement administrative cooperation procedures as

defined in Articles 4a to 4e, Article 8, Article 21a, Article 50, Article 56 and Article 56a of

Directive 2005/36/EC, as amended by Directive 2013/55/EU, in accordance with the

principles and modalities of exchanges set out in those articles.

Commission Decision of 26 July 2000 pursuant to Directive 95/46/EC of the European

Parliament and of the Council on the adequate protection of personal data provided in

Switzerland, including any subsequent amendments.

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The provisions of Regulation (EU) No 1024/2012 shall, for the purposes of this Agreement,

be read with the following adaptations:

(a)

in Article 5, first sentence, the reference to Directive 95/46/EC shall be understood, as

far as Switzerland is concerned, as a reference to the relevant national legislation;

(b)

Article 8(1), point (e), shall not apply in respect of Switzerland;

(c)

in Article 9(5), as regards Switzerland, the words 'Union law' are replaced by the words

'Union law as integrated into this Agreement';

(d)

in Article 10(1), as regards Switzerland, the words 'in accordance with national or

Union legislation' are replaced by the words 'in accordance with Swiss legislation';

(e)

in Article 16(1) and (2), references to Directive 95/46/EC shall be understood as far as

Switzerland is concerned, as references to the relevant national legislation;

(f)

in Article 17(4), the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(g)

in Article 18(1), the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(h)

in Article 20, the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

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(i)

in Article 21:

(i)

in paragraph 1, the reference to Directive 95/46/EC shall be understood, as far as

Switzerland is concerned, as a reference to the relevant national legislation;

(ii)

(j)

(k)

paragraph 3 shall not apply;

Article 25 shall not apply;

Article 26(1) shall be read in line with Article 13 of the Institutional Protocol to this

Agreement.".

_______________

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PROTOCOL

ON SECONDARY RESIDENCES IN DENMARK

The Contracting Parties agree that Protocol No 32 on the acquisition of property in Denmark,

annexed to the Treaty on European Union and to the Treaty on the Functioning of the European

Union also applies to this Agreement concerning Swiss nationals' acquisition of second homes in

Denmark.

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PROTOCOL

ON THE ACQUISITION OF IMMOVABLE PROPERTY IN MALTA

Purchase of property in the Maltese islands is regulated by the Immovable Property (Acquisition by

Non-Residents) Act (Chapter 246 of the Laws of Malta).

That Act provides that:

(a)

A Swiss national may purchase immovable property in Malta:

(1)

If the property is going to be used as a primary residence or if the applicant has lived in

Malta as a resident for a period of over 5 years or if the property is going to be used for

business purposes there are no restrictions.

(2)

If the property is going to be used for secondary residence purposes and applicant did

not live in Malta for a period of 5 years, an Acquisition of Immovable Property (AIP)

permit is required and is subject to conditions as stipulated in the Immovable Property

(Acquisitions by Non-residents) Act, including a minimum price of EUR 174 274 for

apartments and EUR 300 619 for houses (minimum prices are adjusted yearly according

to the property index as outlined in the Immovable Property Price Index Notice

[Subsidiary Legislation 246.08 of the Laws of Malta]). Such purchases do not require

the person to have a right of residence in Malta.

(b)

Swiss nationals may also set up their primary residence in Malta at any time in accordance

with the relevant national legislation. Leaving Malta shall not entail any obligation to dispose

of any property acquired as a primary residence.

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(c)

Swiss nationals who purchase properties in special designated areas established by the Act

(usually areas forming part of urban regeneration projects) do not require a permit for such

purchases, neither are they limited in the number, use or value of such properties that they

may purchase.

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PROTOCOL

ON LONG-TERM RESIDENCE PERMITS

THE EUROPEAN UNION, hereinafter referred to as "the Union",

and

THE SWISS CONFEDERATION, hereinafter referred to as "Switzerland";

have agreed as follows:

The granting of long-term residence permits is a question of the law of the Union in

accordance with the Treaties and of the law of Switzerland, respectively, and does not fall

under the scope of the Agreement on the Free Movement of Persons (hereinafter referred to as

the "Agreement"). Thus, the Institutional Protocol to the Agreement shall not apply to this

Protocol.

Where Switzerland and the Member States of the Union grant each other's nationals long-term

residence permits under the respective laws referred to in paragraph 1, those rules shall be

applied in a non-discriminatory manner, notably regarding the minimum duration of prior

residence of five years required.

The applicable rules of the Union and Switzerland shall remain comparable in terms of other

conditions and requirements, it being understood that the conditions and requirements lie

within the competence of the Union in accordance with the Treaties and of Switzerland,

respectively.

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The forementioned shall be without prejudice to

the rules on permanent residence provided for in Directive 2004/38/EC

as well as

(a)

(b)

provisions for third-country nationals contained in bilateral agreements already

concluded between a Member State of the Union and Switzerland that are more

favourable than the applicable rules of the Union and Switzerland.

Notwithstanding paragraph 1, Article 10(1), (2) and (5) of the Institutional Protocol to the

Agreement shall apply

mutatis mutandis

to disputes arising from paragraphs 2 and 3 of this

Protocol. In those cases, Article 11 of the Institutional Protocol to the Agreement shall also

apply

mutatis mutandis,

except that proportionate compensatory measures may only be

adopted within the framework of the Agreement.

The Appendix to the Institutional Protocol to the Agreement on the Arbitral Tribunal shall apply

mutatis mutandis,

except for Articles I.4 paragraph 4, III.4 paragraph 3 second sentence,

III.5 paragraph 2 third sentence, III.9 and III.10 paragraph 5.

Directive 2004/38/EC (OJ L 158, 30.4.2004, p 77), as applicable according to Annex I to the

Agreement.

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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

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THE EUROPEAN UNION, hereinafter referred to as "the Union",

and

THE SWISS CONFEDERATION, hereinafter referred to as

"Switzerland";

HAVING REGARD 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, done at

Brussels on 21 June 1999, (hereinafter referred to as the "Agreement"), which entered into force

on 1 June 2002;

HAVING REGARD to the Protocol to the Agreement of 21 June 1999 between the European

Community and its Member States, of the one part, and the Swiss Confederation, of the other, on

the free movement of persons regarding the participation, as Contracting Parties, of the Czech

Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of

Slovenia and the Slovak Republic pursuant to their accession to the European Union, done at

Brussels on 26 October 2004, which entered into force on 1 April 2006;

HAVING REGARD to the Protocol to the Agreement of 21 June 1999 between the

European Community and its Member States, of the one part, and the Swiss Confederation, of the

other, on the free movement of persons regarding the participation as Contracting Parties of the

Republic of Bulgaria and Romania pursuant to their accession to the European Union, done at

Brussels on 27 May 2008, which entered into force on 1 June 2009;

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HAVING REGARD to the 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, done at Brussels of 4 March 2016, which entered into force

on 1 January 2017;

WHEREAS agreements concluded by the Union are binding upon the institutions of the Union and

on its Member States; this Protocol therefore applies to the Contracting Parties as set out in the

Agreement;

WHEREAS the Union and Switzerland are bound by numerous bilateral agreements covering

various fields, providing for specific rights and obligations similar, in certain respects, to those

provided for within the Union;

RECALLING that the purpose of those bilateral agreements is to increase Europe's competitiveness

and to create closer economic ties between the Contracting Parties, based on equality, reciprocity

and the general balance of their advantages, rights and obligations;

RESOLVED to strengthen and deepen Switzerland's participation in the internal market of the

Union, on the basis of the same rules as those that apply to the internal market, while preserving

their independence and that of their institutions and, as regards Switzerland, respect for the

principles stemming from direct democracy, federalism and the sectoral nature of its participation in

the internal market;

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REAFFIRMING that the competence of the Swiss Federal Supreme Court and all other Swiss

courts as well as that of the Member States' courts and of the Court of Justice of the European

Union to interpret the Agreement in individual cases is preserved;

CONSCIOUS of ensuring uniformity in the fields related to the internal market in which

Switzerland participates, both current and future,

HAVE AGREED AS FOLLOWS:

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1

Objectives

The objective of this Protocol is to guarantee for the Contracting Parties, and for economic

operators and individuals, greater legal certainty, equal treatment and a level playing field in the

field related to the internal market falling under the scope of the Agreement.

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To this end, this Protocol provides new institutional solutions facilitating a continuous and

balanced strengthening of economic relations between the Contracting Parties. Taking account of

the principles of international law, this Protocol lays down, in particular, institutional solutions for

the Agreement which are common to the bilateral agreements concluded or to be concluded in the

fields related to the internal market in which Switzerland participates, without changing the scope

or the objectives of the Agreement, notably:

(a)

the procedure for aligning the Agreement with legal acts of the Union relevant to the

Agreement;

(b)

the uniform interpretation and application of the Agreement and of the legal acts of the Union

to which reference is made in the Agreement;

(c)

the surveillance and application of the Agreement; and

(d)

the settlement of disputes in the context of the Agreement.

ARTICLE 2

Relation to the Agreement

This Protocol, its Annex and its Appendix shall form an integral part of the Agreement.

(a)

The provisions of the Agreement repealed by this Protocol are listed below:

Article 16;

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(b)

(c)

Article 17;

Article 19.

References to the "European Community" or to the "Community" in the Agreement shall be

construed as references to the Union.

ARTICLE 3

Bilateral agreements in the fields related to the internal market

in which Switzerland participates

Existing and future bilateral agreements between the Union and Switzerland in the fields

related to the internal market in which Switzerland participates shall be considered as a coherent

whole which ensures a balance of rights and obligations between the Union and Switzerland.

The Agreement constitutes a bilateral agreement in a field related to the internal market in

which Switzerland participates.

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CHAPTER 2

ALIGNMENT OF THE AGREEMENT WITH LEGAL ACTS OF THE UNION

ARTICLE 4

Participation in the drafting of legal acts of the Union ("decision shaping")

When drafting a proposal for a legal act of the Union in accordance with the Treaty on the

Functioning of the European Union (hereinafter referred to as "TFEU") in the field covered by the

Agreement, the European Commission (hereinafter referred to as the "Commission") shall inform

Switzerland thereof and shall informally consult Switzerland's experts in the same way that it asks

for the views of experts from the Member States of the Union for the drafting of its proposals.

At the request of either Contracting Party, a preliminary exchange of views shall take place within

the Joint Committee.

The Contracting Parties shall consult each other again, at the request of either of them, within the

Joint Committee at important moments of the phase preceding the adoption of the legal act by the

Union, in a continuous process of information and consultation.

When preparing, in accordance with the TFEU, delegated acts concerning basic acts of Union

law in the field covered by the Agreement, the Commission shall ensure that Switzerland has the

widest possible participation in the preparation of the drafts and shall consult Switzerland's experts

on the same basis as it consults the experts of the Member States of the Union.

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When preparing, in accordance with the TFEU, implementing acts concerning basic acts of

Union law in the field covered by the Agreement, the Commission shall ensure that Switzerland has

the widest possible participation in the preparation of the drafts to be submitted later on to the

committees assisting the Commission in the exercise of its implementing powers and shall consult

Switzerland's experts on the same basis as it consults the experts from the Member States of the

Union.

Switzerland's experts shall be involved in the work of committees not covered by

paragraphs 2 and 3 where this is required for the proper functioning of the Agreement. A list of

those committees and, where appropriate, of other committees with similar characteristics, shall be

drawn up and updated by the Joint Committee.

This Article shall not apply with regard to legal acts of the Union or provisions thereof falling

within the scope of an exception referred to in Article 5(7).

ARTICLE 5

Integration of legal acts of the Union

In order to guarantee legal certainty and the homogeneity of the law in the field related to the

internal market in which Switzerland participates by virtue of the Agreement, Switzerland and the

Union shall ensure that legal acts of the Union adopted in the field covered by the Agreement are

integrated into the Agreement as quickly as possible after their adoption.

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Legal acts of the Union integrated into the Agreement in accordance with paragraph 4 shall

be, by their integration into the Agreement, part of the legal order of Switzerland subject, as the

case may be, to the adaptations decided upon by the Joint Committee.

When it adopts a legal act in the field covered by the Agreement, the Union shall inform

Switzerland thereof as quickly as possible through the Joint Committee. At the request of either of

the Contracting Parties, the Joint Committee shall conduct an exchange of views on the subject.

The Joint Committee shall act in accordance with paragraph 1 by adopting a decision as

quickly as possible to amend Annexes I to III to the Agreement, including the necessary

adaptations.

Without prejudice to paragraphs 1 and 2, if necessary in order to ensure coherence of the

Agreement with its Annex as amended pursuant to paragraph 4, the Joint Committee may propose,

for approval by the Contracting Parties according to their internal procedures, the revision of the

Agreement.

References in the Agreement to legal acts of the Union that are no longer in force shall be

construed as references to the repealing legal act of the Union as integrated into the Annex to the

Agreement as from the entry into force of the Joint Committee's decision on the corresponding

amendment of the Annex to the Agreement pursuant to paragraph 4, unless otherwise provided in

that decision.

The obligation set out in paragraph 1 shall not apply to legal acts of the Union or provisions

thereof falling within the scope of an exception listed below:

–

Article 5g [Prior notification period and controls];

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–

Article 5h [Financial guarantees and sanctions];

Article 5i [Proof of self-employment];

Article 5j [Non-regression];

Article 7b [Students];

Article 7e [Permanent residence];

Article 7f [Purchase of immovable property];

Article 7g [Identity cards];

Article 7h [Expulsion].

Annex II Co-ordination of Social Security Schemes, Part II. Sectoral Adaptations, Point 1. a-f.

Subject to Article 6, decisions of the Joint Committee pursuant to paragraph 4 shall enter into

force immediately, but under no circumstances before the date on which the corresponding legal act

of the Union becomes applicable in the Union.

The Contracting Parties shall cooperate in good faith throughout the procedure set out in this

Article in order to facilitate decision-making.

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10.

The Union and Switzerland shall be mindful of the principle of "equal pay for equal work at

the same place" and Switzerland's dual enforcement system.

ARTICLE 6

Fulfilment of constitutional obligations by Switzerland

During the exchange of views referred to in Article 5(3), Switzerland shall inform the Union

whether a decision as referred to in Article 5(4) requires the fulfilment of constitutional obligations

by Switzerland in order to become binding.

Where the decision referred to in Article 5(4) requires Switzerland to fulfil constitutional

obligations in order to become binding, Switzerland shall have a time limit of two years maximum

from the date of the information provided for in paragraph 1, except where a referendum procedure

is launched, in which case this period shall be extended by one year.

Pending the information by Switzerland that it has fulfilled its constitutional obligations, the

Contracting Parties shall provisionally apply the decision referred to in Article 5(4), unless

Switzerland informs the Union that the provisional application of the decision is not possible and

provides the reasons for this.

Under no circumstances can the provisional application occur before the date on which the

corresponding legal act of the Union becomes applicable in the Union.

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Switzerland shall notify the Union without delay through the Joint Committee once it has

fulfilled the constitutional obligations referred to in paragraph 1.

The decision shall enter into force on the day on which the notification provided for in

paragraph 4 is delivered, but under no circumstances before the date on which the corresponding

legal act of the Union becomes applicable in the Union.

CHAPTER 3

INTERPRETATION AND APPLICATION OF THE AGREEMENT

ARTICLE 7

Uniform interpretation principle

For the purpose of achieving the objectives set out in Article 1 and in accordance with the

principles of public international law, the bilateral agreements in the fields related to the internal

market in which Switzerland participates and the legal acts of the Union to which reference is made

in such agreements shall be uniformly interpreted and applied in the fields related to the internal

market in which Switzerland participates.

The legal acts of the Union to which reference is made in the Agreement and, to the extent

that their application involves concepts of Union law, the provisions of the Agreement shall be

interpreted and applied in accordance with the case law of the Court of Justice of the European

Union, prior or subsequent to the signature of the Agreement.

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ARTICLE 8

Effective and harmonious application principle

The Commission and the competent Swiss authorities shall cooperate and assist each other in

ensuring the surveillance of the application of the Agreement. They may exchange information on

the activities of surveillance of the application of the Agreement. They may exchange views and

discuss issues of mutual interest.

Each Contracting Party shall take appropriate measures to ensure the effective and

harmonious application of the Agreement on its territory.

The surveillance of the application of the Agreement shall be carried out jointly by the

Contracting Parties within the Joint Committee.

If the Commission or the competent Swiss authorities become aware of a case of incorrect

application, the matter may be referred to the Joint Committee with a view to finding an acceptable

solution.

The Commission and the competent Swiss authorities respectively shall monitor the

application of the Agreement by the other Contracting Party. The procedure provided for in

Article 10 applies.

To the extent that certain surveillance competences of the institutions of the Union as regards one

Contracting Party are necessary to ensure the effective and harmonious application of the

Agreement, such as investigation and decision powers, the Agreement must foresee them

specifically.

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ARTICLE 9

Exclusivity principle

The Contracting Parties undertake not to submit a dispute regarding the interpretation or application

of the Agreement and of the legal acts of the Union to which reference is made in the Agreement or,

where applicable, regarding the conformity with the Agreement of a decision adopted by the

Commission on the basis of the Agreement to any method of settlement other than those provided

for in this Protocol.

ARTICLE 10

Procedure in the event of difficulty of interpretation or application

In the event of difficulty of interpretation or application of the Agreement or of a legal act of

the Union to which reference is made in the Agreement, the Contracting Parties shall consult each

other within the Joint Committee in order to find a mutually acceptable solution. To this end, all

useful elements of information shall be provided to the Joint Committee to enable it to make a

detailed examination of the situation. The Joint Committee shall examine all possibilities that allow

the proper functioning of the Agreement to be maintained.

If the Joint Committee is not able to find a solution to the difficulty referred to in paragraph 1

within three months of the date on which the difficulty was submitted to it, either of the Contracting

Parties may request that an arbitral tribunal settle the dispute in accordance with the rules laid down

in the Appendix.

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Where the dispute raises a question concerning the interpretation or application of a provision

referred to in Article 7(2), and if the interpretation of that provision is relevant to the settlement of

the dispute and necessary to enable it to decide, the arbitral tribunal shall refer that question to the

Court of Justice of the European Union.

Where the dispute raises a question concerning the interpretation or application of a provision that

falls within the scope of an exception from the dynamic alignment obligation referred to in

Article 5(7), and where the dispute does not involve the interpretation or application of concepts of

Union law, the arbitral tribunal shall settle the dispute without referral to the Court of Justice of the

European Union.

Where the arbitral tribunal refers a question to the Court of Justice of the European Union

pursuant to paragraph 3:

(a)

the ruling of the Court of Justice of the European Union shall be binding on the arbitral

tribunal; and

(b)

Switzerland shall enjoy the same rights as the Member States and the institutions of the Union

and shall be subject to the same procedures before the Court of Justice of the European Union,

mutatis mutandis.

Each Contracting Party shall take all measures necessary to comply in good faith with the

arbitral tribunal's decision.

The Contracting Party that has been found by the arbitral tribunal not to have complied with the

Agreement shall inform the other Contracting Party through the Joint Committee of the measures it

has taken to comply with the arbitral tribunal's decision.

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The safeguards set out in Joint Declaration on refusing social assistance and terminating

residence prior to the acquisition of permanent residence and Joint Declaration on the notification of

the taking up of employment, annexed to the Agreement, shall be taken into consideration in good

faith in the context of resolving the disputes submitted to the Joint Committee.

The first subparagraph shall apply for as long as, and to the extent that, the safeguards remain

compatible with the relevant legal acts of the Union as integrated into the Agreement. The

safeguards shall not affect the application of Article 5(1) of this Protocol.

ARTICLE 11

Compensatory measures

If the Contracting Party that has been found by the arbitral tribunal not to have complied with

the Agreement does not inform the other Contracting Party, within a reasonable time period set in

accordance with Article IV.2(6) of the Appendix, of the measures it has taken to comply with the

arbitral tribunal's decision, or if the other Contracting Party considers that the measures

communicated do not comply with the arbitral tribunal's decision, this other Contracting Party may

adopt proportionate compensatory measures within the framework of the Agreement or of any other

bilateral agreement in the fields related to the internal market in which Switzerland participates

(hereinafter referred to as "compensatory measures") in order to remedy a potential imbalance. It

shall notify the Contracting Party that has been found by the arbitral tribunal not to have complied

with the Agreement of the compensatory measures, which shall be specified in the notification.

Those compensatory measures shall take effect three months from the date of this notification.

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If, within one month from the date of the notification of the intended compensatory measures,

the Joint Committee has not taken a decision to suspend, amend or annul those compensatory

measures, either Contracting Party may submit to arbitration the question of the proportionality of

those compensatory measures, in accordance with the Appendix.

The arbitral tribunal shall decide within the time limits laid down in Article III.8(4) of the

Appendix.

Compensatory measures shall not have retroactive effect. In particular, the rights and

obligations already acquired by individuals and economic operators before the compensatory

measures take effect shall be preserved.

ARTICLE 12

Cooperation between jurisdictions

To promote the homogeneous interpretation, the Swiss Federal Supreme Court and the Court

of Justice of the European Union shall agree on a dialogue and the modalities thereof.

Switzerland shall have the right to lodge statements of case or written observations with the

Court of Justice of the European Union where a court of a Member State of the Union refers to the

Court of Justice of the European Union a question concerning the interpretation of the Agreement

or of a provision of a legal act of the Union referred to therein for a preliminary ruling.

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CHAPTER 4

OTHER PROVISIONS

ARTICLE 13

Financial contribution

Switzerland shall contribute to the financing of the activities of the Union agencies,

information systems and other activities listed in Article 1 of the Annex to which it has access, in

accordance with this Article and the Annex.

The Joint Committee may adopt a decision to amend the Annex.

The Union may suspend the participation of Switzerland in the activities referred to in

paragraph 1 of this Article at any time if Switzerland fails to meet the payment deadline in

accordance with the terms of payment set out in Article 2 of the Annex.

Where Switzerland fails to meet a payment deadline, the Union shall send Switzerland a formal

letter of reminder. Where no full payment is made within 30 days of the date of reception of that

formal letter of reminder, the Union may suspend the participation of Switzerland in the relevant

activity.

The financial contribution shall take the form of the sum of:

(a)

an operational contribution; and

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(b)

a participation fee.

The financial contribution shall take the form of an annual financial contribution and shall be

due at the dates specified in the calls for funds issued by the Commission.

The operational contribution shall be based on a contribution key defined as the ratio of the

gross domestic product (hereinafter referred to as "GDP") of Switzerland at market prices to the

GDP of the Union at market prices.

For that purpose, the figures for GDP at market prices of the Contracting Parties shall be the latest

such figures available as of 1 January of the year in which the annual payment is made as provided

by the 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, done at Luxembourg on 26 October 2004. If that agreement ceases to apply, the GDP of

Switzerland shall be the one established on the basis of data provided by the Organisation for

Economic Co-operation and Development.

The operational contribution for each Union agency shall be calculated by applying the

contribution key to its annual voted budget inscribed on the relevant Union budget subsidy line(s)

of the year in question, taking into account for each agency any adjusted operational contribution as

defined in Article 1 of the Annex.

The operational contribution for the information systems and other activities shall 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.

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All reference amounts shall be based on commitment appropriations.

The annual participation fee shall be 4 % of the annual operational contribution as calculated

in accordance with paragraphs 5 and 6.

The Commission shall provide Switzerland with adequate information in relation to the

calculation of its financial contribution. That information shall be provided having due regard to the

Union's confidentiality and data protection rules.

All financial contributions by Switzerland or payments from the Union, and the calculation of

amounts due or to be received, shall be made in euro.

10.

Where the entry into force of this Protocol does not coincide with the beginning of a calendar

year, Switzerland's operational contribution for the year in question shall be subject to adjustment,

according to the methodology and terms of payment defined in Article 5 of the Annex.

11.

Detailed provisions for the application of this Article are set out in the Annex.

12.

Three years following the entry into force of this Protocol, and every three years

subsequently, the Joint Committee shall review the conditions of Switzerland's participation as

defined in Article 1 of the Annex and, where appropriate, adapt them.

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ARTICLE 14

References to territories

Whenever the legal acts of the Union integrated into the Agreement contain references to the

territory of the "European Union", of the "Union", of the " common market" or of the "internal

market", the references shall for the purposes of the Agreement be understood to be references to

the territories referred to in Article 24 of the Agreement.

ARTICLE 15

References to nationals of Member States of the Union

Whenever the legal acts of the Union integrated into the Agreement contain references to nationals

of Member States of the Union, the references shall, for the purposes of the Agreement, be

understood to be references to nationals of the Member States of the Union and of Switzerland.

ARTICLE 16

Entry into force and implementation of the legal acts of the Union

Provisions of the legal acts of the Union integrated into the Agreement on their entry into force or

implementation are not relevant for the purposes of the Agreement.

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The time limits and dates for Switzerland for bringing into force and implementing the decisions

integrating legal acts of the Union into the Agreement follow from Article 5(8) and Article 6(5), as

well as from provisions on transitional arrangements.

ARTICLE 17

Addressees of the legal acts of the Union

Provisions of the legal acts of the Union integrated into the Agreement indicating that they are

addressed to the Member States of the Union are not relevant for the purposes of the Agreement.

CHAPTER 5

FINAL PROVISIONS

ARTICLE 18

Implementation

The Contracting Parties shall take all appropriate measures, whether general or particular, to

ensure the fulfilment of the obligations arising from the Agreement and shall refrain from taking

any measure which could jeopardise the achievement of its objectives.

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The Contracting Parties shall take all measures necessary to guarantee the intended result of

the legal acts of the Union to which reference is made in the Agreement and shall refrain from

taking any measure that could jeopardise the achievement of their aims.

ARTICLE 19

Entry into force

This Protocol shall be ratified or approved by the Union and Switzerland in accordance with

their own procedures. The Union and Switzerland shall notify each other of the completion of the

internal procedures necessary to the entry into force of this Protocol.

This Protocol shall enter into force on the first day of the second month following the last

notification regarding the following instruments:

(a)

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;

(b)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(c)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

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(d)

State Aid Protocol to the Agreement between the European Community and the

Swiss Confederation on air transport;

(e)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on the carriage of goods and passengers by rail and road;

(f)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on the carriage of goods and passengers by rail and road;

(g)

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;

(h)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on trade in agricultural products;

(i)

Institutional Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

(j)

Amending Protocol to the Agreement between the European Community and the

Swiss Confederation on mutual recognition in relation to conformity assessment;

(k)

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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(l)

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;

(m) 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.

ARTICLE 20

Amendment and termination

This Protocol may be amended at any time by mutual agreement of the Union and

Switzerland.

Where the Agreement is terminated in accordance with Article 25(3) of the Agreement, this

Protocol shall cease to be in force on the date referred to in Article 25(4) of the Agreement.

Where the Agreement ceases to be in force, the rights and obligations that individuals and

economic operators have already acquired by virtue of the Agreement before the date of the

cessation of the Agreement shall be preserved. The Union and Switzerland shall settle by mutual

agreement what action is to be taken in respect of rights in the process of being acquired.

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Done at […], on […], in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English,

Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese,

Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these

texts being equally authentic.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Protocol.

(Signature Block, to the effect of, in all 24 EU languages: "For the European Union" and "For the

Swiss Confederation")

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ANNEX

ANNEX ON THE APPLICATION OF ARTICLE 13 OF THE PROTOCOL

ARTICLE 1

List of the activities of the Union agencies, information systems and other activities

to which Switzerland is to contribute financially

Switzerland shall contribute financially to the following:

(a)

agencies:

none.

(b)

information systems:

European network of Employment Services (EURES) as established by 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), as applicable according to Annex I to the

Agreement;

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

(EC) No 883/2004 (OJ L 166, 30.4.2004, p. 1), as corrected by OJ L 200, 7.6.2004, p. 1 and

OJ L 204, 4.8.2007, p. 30) and Regulation (EC) No 987/2009 (OJ L 284, 30.10.2009, p. 1), as

applicable according to Annex II to the Agreement;

Internal Market Information system (IMI) as established by Regulation (EU) 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), as applicable to according to Annex I

and III to the Agreement.

(c)

other activities:

none.

ARTICLE 2

Terms of payment

Payments due pursuant to Article 13 of the Protocol shall be made in accordance with this

Article.

When issuing the call for funds of the financial year, the Commission shall communicate the

following information to Switzerland:

(a)

the amount of the operational contribution; and

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(b)

the amount of the participation fee.

The Commission shall communicate to Switzerland, as soon as possible and at the latest

on 16 April of each financial year, the following information in relation to Switzerland's

participation:

(a)

the amounts in commitment appropriations of the annual Union voted budget inscribed on the

relevant Union budget subsidy line(s) of the year in question for each Union agency, taking

into account for each agency any adjusted operational contribution as defined in Article 1, and

the amounts in commitment appropriations in relation to the Union voted budget of the year in

question for the relevant budget of the information systems and other activities, covering the

participation of Switzerland in accordance with Article 1;

(b)

the amount of the participation fee referred to in Article 13(7) of the Protocol; and

(c)

as regards agencies, in year N+1, the amounts in budgetary commitments made on

commitment appropriations authorised in year N on the relevant Union budget subsidy line(s)

in relation to the annual Union budget inscribed on the relevant Union budget subsidy line(s)

of year N.

On the basis of its draft budget, the Commission shall provide an estimate of information

under points (a) and (b) of paragraph 3 as soon as possible, and at the latest, by 1 September of the

financial year.

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The Commission shall issue to Switzerland, at the latest on 16 April and, if applicable to the

relevant agency, information system or other activity, at the earliest on 22 October and at the latest

on 31 October of each financial year, a call for funds that corresponds to the contribution of

Switzerland under the Agreement for each of the agencies, information systems and other activities

in which Switzerland participates.

The call(s) for funds referred to in paragraph 5 shall be structured in instalments as follows:

(a)

the first instalment of each year, in relation to the call for funds to be issued by 16 April, shall

correspond to an amount up to the equivalent of the estimate of the annual financial

contribution of the agency, information system or other activity in question referred to in

paragraph 4;

Switzerland shall pay the amount indicated in this call for funds at the latest 60 days after the

call for funds is issued.

(b)

where applicable, the second instalment of the year, in relation to the call for funds to be

issued at the earliest on 22 October and at the latest on 31 October, shall correspond to the

difference between the amount referred to in paragraph 4 and the amount referred to in

paragraph 5, where the amount referred to in paragraph 5 is higher.

Switzerland shall pay the amount indicated in this call for funds at the latest by 21 December.

For each call for funds, Switzerland may make separate payments for each agency,

information system or other activity.

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For the first year of implementation of the Protocol, the Commission shall issue a single call

for funds, within 90 days of the entry into force of the Protocol.

Switzerland shall pay the amount indicated in the call for funds at the latest 60 days after the call for

funds is issued.

Any delay in the payment of the financial contribution shall give rise to the payment of

default interest by Switzerland on the outstanding amount as from the due date until the day on

which that outstanding amount is paid in full.

The interest rate for amounts receivable not paid on the due date shall be the rate applied by the

European Central Bank to its principal refinancing operations, as published in the C series of the

Official Journal of the European Union,

in force on the first day of the month in which the due date

falls, or 0 %, whichever is higher, plus 3,5 percentage points.

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ARTICLE 3

Adjustment of Switzerland's financial contribution to Union agencies

in the light of implementation

The adjustment of Switzerland's financial contribution to Union agencies shall be made in

year N+1, when the initial operational contribution shall be adjusted upwards or downwards by the

difference between the initial operational contribution and an adjusted contribution calculated by

applying the contribution key of year N to the amount of budgetary commitments made on

commitment appropriations authorised in year N under the relevant Union subsidy budget line(s).

Where applicable, the difference shall take into account, for each agency, the percentage-based

adjusted operational contribution as defined in Article 1.

ARTICLE 4

Existing arrangements

Article 13 of the Protocol and this Annex shall not apply to specific arrangements between

Switzerland and the Union which include financial contributions by Switzerland. The agencies,

information systems and other activities covered by such arrangements are the following:

–

Mutual Information System on Social Protection (MISSOC), according to the respective

contractual arrangements of Switzerland and of the Commission with the MISSOC

secretariat.

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ARTICLE 5

Transitional arrangements

In the event that the date of entry into force of the Protocol is not 1 January, this Article shall apply

by way of derogation from Article 2.

For the first year of implementation of the Protocol, in relation to the operational contribution due

for the year in question applicable to the relevant agency, information system or other activity, as

established in accordance with Article 13 of the Protocol and Articles 1 to 3 of this Annex, the

operational contribution shall be reduced on a

pro rata temporis

basis by multiplying the amount of

the annual operational contribution due to the ratio of the following:

(a)

the number of calendar days from the date of entry into force of the Protocol until

31 December of the year in question; and

(b)

the total number of calendar days of the year in question.

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Appendix

APPENDIX ON THE ARBITRAL TRIBUNAL

CHAPTER I

PRELIMINARY PROVISIONS

ARTICLE I.1

Scope

If one of the Contracting Parties (hereinafter referred to as "parties") submits a dispute for

arbitration in accordance with Articles 10(2) or 11(2) of the Protocol or brings a case to arbitration

in accordance with Article 14a(2) or (4) of the Agreement, the rules set out in this Appendix shall

apply.

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ARTICLE I.2

Registry and secretarial services

The International Bureau of the Permanent Court of Arbitration at the Hague (hereinafter referred to

as "International Bureau") shall fulfil the functions of registry and provide the necessary secretarial

services.

ARTICLE I.3

Notices and calculation of time limits

Notices, including communications or proposals, may be sent by any means of

communication that certifies their transmission, or enables them to be certified.

Such notices may be sent electronically only if an address has been designated or authorised

by a party specifically for this purpose.

Such notices served on the parties shall be sent, for Switzerland, to Switzerland's Europe

Division of the Federal Department of Foreign Affairs and, for the Union, to the Commission's

Legal Service.

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Any time limit laid down in this Appendix shall run from the day after an event occurs or an

action takes place. If the last day for delivery of a document falls on a non-working day of the

institutions of the Union or of the government of Switzerland, the time period for the delivery of the

document shall end on the first following working day. Non-working days that fall within the time

period shall be counted.

ARTICLE I.4

Notice of arbitration

The party taking the initiative to use arbitration (hereinafter referred to as "applicant") shall

send to the other party (hereinafter referred to as "defendant") and to the International Bureau a

notice of arbitration.

Arbitration proceedings shall be deemed to commence on the day after that on which the

notice of arbitration is received by the defendant.

The notice of arbitration shall include the following information:

(a)

the demand that the dispute be referred to arbitration;

(b)

the names and contact details of the parties;

(c)

the name and address of the applicant's agent(s);

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(d)

the legal basis of the proceedings (Article 10(2) or Article 11(2) of the Protocol) and:

(i)

in the cases referred to in Article 10(2) of the Protocol, the question causing the dispute

as officially entered, for resolution, on the agenda of the Joint Committee in accordance

with Article 10(1) of the Protocol; and

(ii)

in the cases referred to in Article 11(2) of the Protocol, the decision of the arbitral

tribunal, any implementation measures mentioned in Article 10(5) of the Protocol and

the disputed compensatory measures;

(iii) in the cases referred to in Article 14a (2) and (4) of the Agreement, the alleged

difficulties in accordance with Article 14a(2) of the Agreement;

(e)

the designation of any rule causing the dispute or related to it;

(f)

a brief description of the dispute; and

(g)

the designation of an arbitrator or, if five arbitrators are to be appointed, the designation of

two arbitrators.

In the cases referred to in Article 10(3) of the Protocol, the notice of arbitration may also

contain information concerning the need for a referral to the Court of Justice of the European

Union.

Any claims on the sufficiency of the notice of arbitration shall not prevent the constitution of

the arbitral tribunal. The dispute shall be decided definitively by the arbitral tribunal.

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ARTICLE I.5

Response to the notice of arbitration

Within 60 days of receiving the notice of arbitration, the defendant shall send a response to

the notice of arbitration to the applicant and the International Bureau, which shall include the

following information:

(a)

the names and contact details of the parties;

(b)

the name and address of the defendant's agent(s);

(c)

a response to the information given in the notice of arbitration in accordance with points (d)

to (f) of Article I.4(3); and

(d)

the designation of an arbitrator or, if five arbitrators are to be appointed, the designation of

two arbitrators.

In the cases referred to in Article 10(3) of the Protocol, the response to the notice of

arbitration may also contain a response to the information given in the notice of arbitration in

accordance with Article I.4(4) of this Appendix and information concerning the need for a referral

to the Court of Justice of the European Union.

The lack of, or an incomplete or late, response from the defendant to the notice of arbitration

shall not prevent the constitution of an arbitral tribunal. The dispute shall be decided definitively by

the arbitral tribunal.

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If the defendant requests that the arbitral tribunal consist of five arbitrators in its response to

the notice of arbitration, the applicant shall designate an additional arbitrator within 30 days of

receipt of the response to the notice of arbitration.

ARTICLE I.6

Representation and assistance

The parties shall be represented before the arbitral tribunal by one or more agents. The agents

may be assisted by advisers or lawyers.

Any change to the agents or their addresses shall be notified to the other party, the

International Bureau and the arbitral tribunal. The arbitral tribunal may, at any time, on its own

initiative or at the request of a party, request evidence of the powers conferred on the agents of the

parties.

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CHAPTER II

COMPOSITION OF THE ARBITRAL TRIBUNAL

ARTICLE II.1

Number of arbitrators

The arbitral tribunal shall be composed of three arbitrators. If the applicant in its notice of

arbitration or the defendant in its response to the notice of arbitration so request, the arbitral tribunal

shall be composed of five arbitrators.

ARTICLE II.2

Appointment of arbitrators

If three arbitrators are to be appointed, each of the parties shall designate one of them. The

two arbitrators appointed by the parties shall select the third arbitrator, who shall be the chair of the

arbitral tribunal.

If five arbitrators are to be appointed, each of the parties shall designate two of them. The four

arbitrators appointed by the parties shall select the fifth arbitrator, who shall be the chair of the

arbitral tribunal.

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If, within 30 days of the designation of the last arbitrator appointed by the parties, the

arbitrators have not reached agreement on the selection of the chair of the arbitral tribunal, the chair

shall be appointed by the Secretary-General of the Permanent Court of Arbitration.

To assist in the selection of arbitrators to compose the arbitral tribunal, an indicative list of

persons possessing the qualifications referred to in paragraph 6, which shall be common to all

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

well as the Agreement between the European Union and the Swiss Confederation on health, done

at […] on […] (hereinafter referred to as "Agreement on health"), the Agreement between the

European Community and the Swiss Confederation on trade in agricultural products, done at

Luxembourg on 21 June 1999 (hereinafter referred to as "Agreement on trade in agricultural

products") and 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, done at […] on […] (hereinafter referred to as "Agreement on Switzerland's

regular financial contribution"), shall be established and updated when necessary. The Joint

Committee shall adopt and update that list by a decision for the purposes of the Agreement.

Where a party fails to designate an arbitrator, the Secretary-General of the Permanent Court of

Arbitration shall appoint that arbitrator from the list referred to in paragraph 4. In the absence of

such a list, the arbitrator shall be appointed by lot by the Secretary-General of the Permanent Court

of Arbitration from the individuals who have been formally proposed by one party or both parties

for the purposes of paragraph 4.

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The persons constituting the arbitral tribunal shall be highly qualified persons, with or without

ties to the parties, whose independence and lack of conflicts of interest is guaranteed, along with a

wide range of experience. In particular, they shall have demonstrated expertise in law and the

matters covered by this Agreement; they shall not take instructions from either party; and they shall

serve in their individual capacities and not take instructions from any organisation or government

with regard to matters related to the dispute. The chair of the arbitral tribunal shall also have

experience in dispute settlement procedures.

ARTICLE II.3

Arbitrators' declarations

When a person is being considered for appointment as an arbitrator, that person shall report

all circumstances likely to give rise to legitimate doubts as to his or her impartiality or

independence. From the appointment and throughout the entire arbitration proceedings, an arbitrator

shall report such circumstances to the parties and to the other arbitrators without delay, if the

arbitrator has not already done so.

Any arbitrator may be dismissed if circumstances exist that could give rise to legitimate

doubts about his or her impartiality or independence.

A party may only request the dismissal of an arbitrator that it has appointed for a reason that

becomes known to it after that appointment.

If an arbitrator fails to act or if it is impossible

de jure

de facto

for an arbitrator to fulfil his

or her role, the procedure for the dismissal of arbitrators laid down in Article II.4 shall apply.

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ARTICLE II.4

Dismissal of arbitrators

Any party wishing to dismiss an arbitrator shall make a request for dismissal within 30 days

of the date on which it is notified of the appointment of that arbitrator or within 30 days of the date

on which it becomes aware of the circumstances referred to in Article II.3.

The request for dismissal shall be sent to the other party, to the dismissed arbitrator, to the

other arbitrators and to the International Bureau. It shall set out the reasons for the request for

dismissal.

When a request for dismissal has been made, the other party may accept the request for

dismissal. The arbitrator in question may also step aside. The acceptance or stepping aside does not

imply acknowledgement of the reasons for the request for dismissal.

If, within 15 days of the date of the notification of the request for dismissal, the other party

does not accept the request for dismissal or the arbitrator in question does not step aside, the party

requesting the dismissal may ask the Secretary-General of the Permanent Court of Arbitration to

take a decision on the dismissal.

Unless the parties agree otherwise, the decision referred to in paragraph 4 shall indicate the

reasons for that decision.

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ARTICLE II.5

Replacement of an arbitrator

Subject to paragraph 2 of this Article, if it is necessary to replace an arbitrator during the

arbitration proceedings, a replacement shall be appointed or selected in accordance with the

procedure laid down in Article II.2 applicable to the appointment or selection of the arbitrator to be

replaced. That procedure shall apply even if one party had not exercised its right to appoint or to

participate in the appointment of the arbitrator to be replaced.

In the event of replacement of an arbitrator, the procedure shall resume at the stage where the

replaced arbitrator ceased to perform his or her functions, unless the arbitral tribunal decides

otherwise.

ARTICLE II.6

Exclusion of liability

Except in cases of intentional wrongdoing or gross negligence, the parties renounce, to the

maximum extent permitted by the applicable law, any action against the arbitrators for any act or

omission related to the arbitration.

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CHAPTER III

ARBITRATION PROCEEDINGS

ARTICLE III.1

General provisions

The date of establishment of the arbitral tribunal shall be the date on which the last arbitrator

has accepted his or her appointment.

The arbitral tribunal shall ensure that the parties are treated equally and that, at an appropriate

stage of the proceedings, each of them has sufficient possibility to assert their rights and present

their case. The arbitral tribunal shall conduct the proceedings in such a way as to avoid delays and

unnecessary expenditure and to ensure the dispute between the parties is settled.

A hearing shall be organised, unless the arbitral tribunal decides otherwise, having heard the

parties.

When a party sends a communication to the arbitral tribunal, it shall do so through the

International Bureau and shall send a copy to the other party at the same time. The International

Bureau shall send a copy of that communication to each of the arbitrators.

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ARTICLE III.2

Place of arbitration

The place of arbitration is The Hague. The arbitral tribunal may, if exceptional circumstances so

require, meet at any other place that it considers appropriate for its deliberations.

ARTICLE III.3

Language

The languages of the proceedings shall be French and English.

The arbitral tribunal may order all documents enclosed with the statement of claim or the

statement of defence and all further documents produced during the proceedings, submitted in their

original language, to be accompanied by a translation in one of the languages of the proceedings.

ARTICLE III.4

Statement of claim

The applicant shall send its statement of claim in writing to the defendant and to the arbitral

tribunal through the International Bureau, within the time limit set by the arbitral tribunal. The

applicant may decide to deem its notice of arbitration referred to in Article I.4 a statement of claim,

provided that it also meets the conditions in paragraphs 2 and 3 of this Article.

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The statement of claim shall include the following information:

(a)

the information set out in points (b) to (f) of Article I.4(3);

(b)

a statement of facts submitted in support of the claim; and

(c)

the legal arguments put forward in support of the claim.

The statement of claim shall, as far as possible, be accompanied by any documents and other

evidence mentioned by the applicant or should refer to them. In the cases referred to in Article 10(3)

of the Protocol, the statement of claim shall also, as far as possible, contain information concerning

the need for a referral to the Court of Justice of the European Union.

ARTICLE III.5

Statement of defence

The defendant shall send the statement of defence in writing to the applicant and to the

arbitral tribunal through the International Bureau, within the time limit set by the arbitral tribunal.

The defendant may decide to deem the response to the notice of arbitration referred to in Article I.5

a statement of defence, provided that the response to the notice of arbitration also meets the

conditions in paragraph 2 of this Article.

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The statement of defence shall respond to the points in the statement of claim indicated in

accordance with points (a) to (c) of Article III.4(2) of this Appendix. It shall, as far as possible, be

accompanied by any documents and other evidence mentioned by the defendant or should refer to

them. In the cases referred to in Article 10(3) of the Protocol, the statement of defence shall also, as

far as possible, contain information concerning the need for a referral to the Court of Justice of the

European Union.

In the statement of defence, or at a later stage in the arbitration proceedings if the arbitral

tribunal decides that a delay is justified by circumstances, the defendant may make a counterclaim

provided that the arbitral tribunal has jurisdiction in respect of it.

Article III.4(2) and (3) shall apply to a counterclaim.

ARTICLE III.6

Arbitral jurisdiction

The arbitral tribunal shall rule on whether it has jurisdiction on the basis of Articles 10(2)

or 11(2) of the Protocol or of Article 14a(2) or (4) of the Agreement.

In the cases referred to in Article 10(2) of the Protocol, the arbitral tribunal shall have a

mandate to examine the question causing the dispute as officially entered, for resolution, on the

agenda of the Joint Committee in accordance with Article 10(1) of the Protocol.

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In the cases referred to in Article 11(2) of the Protocol, the arbitral tribunal that heard the

main case shall have a mandate to examine the proportionality of the disputed compensatory

measures, including where those measures have in whole or in part been taken in another bilateral

agreement in the fields related to the internal market in which Switzerland participates.

In the cases referred to in Article 14a(2) and (4) of the Agreement, the arbitral tribunal shall

have a mandate to examine whether the alleged difficulties have been proven and are caused by the

application of the Agreement.

A preliminary objection of lack of jurisdiction of the arbitral tribunal shall be made at the

latest in the statement of defence or, in the case of a counterclaim, in the reply. The fact that a party

has appointed an arbitrator or has taken part in their appointment shall not deprive it of the right to

make such a preliminary objection. The preliminary objection that the dispute would exceed the

arbitral tribunal's powers shall be made as soon as the question alleged to exceed its powers is

raised during the arbitration proceedings. In any event, the arbitral tribunal may allow a preliminary

objection made after the time limit laid down has elapsed if it believes that the delay was for a valid

reason.

The arbitral tribunal may rule on the preliminary objection referred to in paragraph 4 either by

treating it as a preliminary question or in the decision on the substance of the case.

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ARTICLE III.7

Other written submissions

The arbitral tribunal shall, after having consulted the parties, decide what other written submissions,

in addition to the statement of claim and statement of defence, the parties shall or may submit and

shall set the time limit for their submission.

ARTICLE III.8

Time limits

The time limits set by the arbitral tribunal for the communication of the written documents,

including the statement of claim and the statement of defence, shall not exceed 90 days, unless the

parties agree otherwise.

The arbitral tribunal shall take its final decision within 12 months of the date of its

establishment. In exceptional circumstances of particular difficulty, the arbitral tribunal may extend

that period by up to three additional months.

The time limits laid down in paragraphs 1 and 2 shall be halved:

(a)

upon request by the applicant or the defendant, if, within 30 days of that request, the arbitral

tribunal rules, after hearing the other party, that the case is urgent; or

(b)

if the parties so agree.

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In the cases referred to in Article 11(2) of the Protocol, the arbitral tribunal shall take its final

decision within six months of the date on which the compensatory measures have been notified in

accordance with Article 11(1) of the Protocol.

In the cases referred to in Article 14a(2) and (4) of the Agreement, the arbitral tribunal shall

hand down its final decision within 6 months of the date of its establishment.

ARTICLE III.9

Referrals to the Court of Justice of the European Union

In application of Article 7 and Article 10(3) of the Protocol, the arbitral tribunal shall make a

referral to the Court of Justice of the European Union.

The arbitral tribunal may make a referral to the Court of Justice of the European Union at any

time in the proceedings, provided that the arbitral tribunal is able to define precisely enough the

legal and factual background of the case, and the legal questions it raises.

The proceedings before the arbitral tribunal shall be suspended until the Court of Justice of the

European Union has delivered its ruling.

Each party may send a reasoned request to the arbitral tribunal to make a referral to the Court

of Justice of the European Union. The arbitral tribunal shall reject such a request if it considers the

conditions for a referral to the Court of Justice of the European Union referred to in paragraph 1 not

to be met. If the arbitral tribunal rejects a party's request for a referral to the Court of Justice of the

European Union, it shall give reasons for its decision in the decision on the substance of the case.

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The arbitral tribunal shall make a referral to the Court of Justice of the European Union by

means of a notice. The notice shall contain at least the following information:

(a)

a brief description of the dispute;

(b)

the legal act(s) of the Union and/or the provision(s) of the Agreement at issue; and

(c)

the concept of Union law to be interpreted in accordance with Article 7(2) of the Protocol.

The arbitral tribunal shall give notice of the referral to the Court of Justice of the European Union to

the parties.

The Court of Justice of the European Union shall apply, by analogy, the internal rules of

procedure applicable to the exercise of its jurisdiction to make a preliminary ruling on the

interpretation of the Treaties and acts made by the Union's institutions, bodies, offices and agencies.

The agents and lawyers authorised to represent the parties before the arbitral tribunal pursuant

to Articles I.4, I.5, III.4 and III.5 shall be authorised to represent the parties before the Court of

Justice of the European Union.

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ARTICLE III.10

Interim measures

In the cases referred to in Article 11(2) of the Protocol, either party may, at any stage of the

arbitration procedure, apply for interim measures consisting of the suspension of the compensatory

measures.

An application pursuant to paragraph 1 shall state the subject matter of the proceedings, the

circumstances giving rise to urgency and the pleas of fact and law establishing a

prima facie

case

for the interim measures applied for. It shall contain all the evidence and offers of evidence

available to justify the grant of the interim measures.

The party requesting the interim measures shall send its application in writing to the other

party and to the arbitral tribunal through the International Bureau. The arbitral tribunal shall set a

short time limit within which that other party may submit written or oral observations.

The arbitral tribunal shall, within one month of the submission of the application referred to in

paragraph 1, adopt a decision on the suspension of the contested compensatory measures if the

following conditions are met:

(a)

the arbitral tribunal is

prima facie

satisfied of the merit of the case submitted by the party

requesting the interim measures in its application;

(b)

the arbitral tribunal considers that, pending its final decision, the party requesting the interim

measures would suffer serious and irreparable harm absent the suspension of the

compensatory measures; and

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(c)

the harm caused to the party requesting the interim measures by the immediate application of

the contested compensatory measures outweighs the interest in the immediate and effective

application of those measures.

The suspension of proceedings referred to in the second subparagraph of Article III.9(2) shall

not apply in proceedings pursuant to this Article.

A decision taken by the arbitral tribunal in accordance with paragraph 4 shall have only an

interim effect and shall be without prejudice to the decision of the arbitral tribunal on the substance

of the case.

Unless the decision taken by the arbitral tribunal in accordance with paragraph 4 of this

Article sets an earlier date for the end of the suspension, the suspension shall lapse when the final

decision pursuant to Article 11(2) of the Protocol is taken.

For the avoidance of doubt, for the purposes of this Article, it is understood that, in

considering the respective interests of the party requesting the interim measures and the other party,

the arbitral tribunal shall take into account those of the individuals and economic operators of the

parties, but that consideration shall not amount to granting any standing to such individuals or

economic operators before the arbitral tribunal.

ARTICLE III.11

Evidence

Each party shall provide evidence of the facts forming the grounds of its claim or its defence.

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On request of a party, or on its own initiative, the arbitral tribunal may seek from the parties

relevant information it considers necessary and appropriate. The arbitral tribunal shall set a time

limit for the parties to respond to its request.

On request of a party, or on its own initiative, the arbitral tribunal may seek from any source

any information it considers appropriate. The arbitral tribunal may also seek the opinion of experts

as it considers appropriate and subject to any terms and conditions agreed by the parties, where

applicable.

Any information obtained by the arbitral tribunal under this Article shall be made available to

the parties, and the parties may submit comments on that information to the arbitral tribunal.

After seeking the views of the other party, the arbitral tribunal shall adopt appropriate

measures to address any questions raised by a party with regard to the protection of personal data,

professional secrecy and the legitimate interests of confidentiality.

The arbitral tribunal shall be the judge of the admissibility, relevance and strength of the

evidence submitted.

ARTICLE III.12

Hearings

When a hearing must take place, the arbitral tribunal, having consulted the parties, shall notify

the parties sufficiently far in advance of the date, time and place of the hearing.

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The hearing shall be public, unless the arbitral tribunal, of its own motion or on application by

the parties, decides otherwise for serious reasons.

Minutes of each hearing shall be drawn up and signed by the chair of the arbitral tribunal.

Only those minutes shall be authentic.

The arbitral tribunal may decide to hold the hearing virtually in accordance with the practice

of the International Bureau. The parties shall be informed of this practice in a timely manner. In

such cases, paragraph 1,

mutatis mutandis,

and paragraph 3 shall apply.

ARTICLE III.13

Default

If, within the time limit set by this Appendix or by the arbitral tribunal, without showing

sufficient cause, the applicant has not submitted its statement of claim, the arbitral tribunal shall

order the closure of the arbitration proceedings, unless there are outstanding questions on which a

ruling may be necessary and if the arbitral tribunal considers it appropriate to do so.

If, within the time limit set by this Appendix or by the arbitral tribunal, without showing sufficient

cause, the defendant has not submitted its response to the notice of arbitration or its statement of

defence, the arbitral tribunal shall order the continuation of the proceedings, without considering

that default of itself to constitute acceptance of the applicant's allegations.

The second subparagraph also applies where the applicant fails to submit a reply to a counterclaim.

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If a party, duly convened in accordance with Article III.12(1), does not appear at a hearing

and does not demonstrate sufficient cause for its failure to do so, the arbitral tribunal may continue

the arbitration.

If a party, duly invited by the arbitral tribunal to produce further evidence, fails to do so

within the time limits set without showing sufficient cause for its failure to do so, the arbitral

tribunal may rule on the basis of the evidence it has available.

ARTICLE III.14

Closure of the procedure

Where it is demonstrated that the parties have reasonably had the possibility of presenting

their arguments, the arbitral tribunal may declare the closure of the proceedings.

The arbitral tribunal may, if it considers it necessary because of exceptional circumstances,

decide on its own initiative or at the request of a party to reopen the proceedings at any time before

it has taken its decision.

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CHAPTER IV

DECISION

ARTICLE IV.1

Decisions

The arbitral tribunal shall strive to take its decisions by consensus. If, however, it proves impossible

to take a decision by consensus, the arbitral tribunal's decision shall be taken by a majority of the

arbitrators.

ARTICLE IV.2

Form and effect of the decision of the arbitral tribunal

The arbitral tribunal may take separate decisions on different questions at different times.

All decisions shall be issued in writing and shall state the reasons on which they are based.

They shall be final and binding on the parties.

The decision of the arbitral tribunal shall be signed by the arbitrators, shall contain the date on

which it was taken and state the place of arbitration. A copy of the decision signed by the arbitrators

shall be communicated to the parties by the International Bureau.

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The International Bureau shall make the decision of the arbitral tribunal public.

When making the decision of the arbitral tribunal public, the International Bureau shall respect the

relevant rules on the protection of personal data, professional secrecy and the legitimate interests of

confidentiality.

The rules referred to in the second subparagraph shall be identical for all bilateral agreements in the

fields of the internal market in which Switzerland participates as well as for the Agreement on

health, the Agreement on trade in agricultural products and the Agreement on Switzerland's regular

financial contribution. The Joint Committee shall adopt and update those rules by a decision for the

purposes of the Agreement.

The parties shall comply with all decisions of the arbitral tribunal without delay.

In the cases referred to in Article 10(2) of the Protocol, having obtained the opinion of the

parties, the arbitral tribunal shall set a reasonable time limit in the decision on the substance of the

case to comply with its decision in accordance with Article 10(5) of the Protocol taking account of

the parties' internal procedures.

ARTICLE IV.3

Applicable law, rules of interpretation, mediator

The applicable law consists of the Agreement, the legal acts of the Union to which reference

is made therein, as well as any other rule of international law relevant to the application of those

instruments.

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The arbitral tribunal shall decide in accordance with the rules of interpretation referred to in

Article 7 of the Protocol.

Prior decisions taken by a dispute settlement body with regard to the proportionality of

compensatory measures under another bilateral agreement among those referred to in Article 11(1)

of the Protocol shall be binding upon the arbitral tribunal.

The arbitral tribunal shall not be permitted to decide as mediator or

ex aequo et bono.

ARTICLE IV.4

Mutually agreed solution or other reasons for closure of the proceedings

The parties may, at any time, mutually agree a solution to their dispute. They shall jointly

communicate any such solution to the arbitral tribunal. If the solution requires approval pursuant to

the relevant domestic procedures of either party, the notification shall refer to that requirement, and

the arbitration procedure shall be suspended. If such approval is not required, or upon notification

of the completion of any such domestic procedures, the arbitration procedure shall be closed.

If, in the course of proceedings, the applicant informs the arbitral tribunal in writing that it

does not wish to further pursue the proceedings, and if, at the date on which that communication is

received by the arbitral tribunal, the defendant has not yet taken any step in the proceedings, the

arbitral tribunal shall issue an order officially recording the closure of the proceedings. The arbitral

tribunal shall decide on the costs, which shall be borne by the applicant, if this appears justified by

the conduct of that party.

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If, before the decision of the arbitral tribunal is taken, the arbitral tribunal concludes that the

continuation of the proceedings has become pointless or impossible for any reason other than those

referred to in paragraphs 1 and 2, the arbitral tribunal shall inform the parties of its intention to issue

an order closing the proceedings.

The first subparagraph does not apply where there are outstanding questions on which it may be

necessary to rule and if the arbitral tribunal judges it appropriate to do so.

The arbitral tribunal shall communicate to the parties a copy of the order closing the

arbitration proceedings or of the decision taken by agreement between the parties, signed by the

arbitrators. Article IV.2(2) to (5) shall apply to arbitration decisions taken by agreement between

the parties.

ARTICLE IV.5

Correction of the decision of the arbitral tribunal

Within 30 days of receiving the decision of the arbitral tribunal, a party may, by giving notice

to the other party and to the arbitral tribunal through the International Bureau, ask the arbitral

tribunal to correct in the text of the decision of the arbitral tribunal any errors in computation, any

clerical or typographical errors, or any errors or omissions of a similar nature. If it considers the

request to be justified, the arbitral tribunal shall make the correction within 45 days of receiving the

request. The request shall not have a suspensive effect on the time limit provided for in

Article IV.2(6).

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The arbitral tribunal may, within 30 days of communicating its decision, make the corrections

referred to in paragraph 1 on its own initiative.

The corrections referred to in paragraph 1 of this Article shall be done in writing and form an

integral part of the decision. Article IV.2(2) to (5) shall apply.

ARTICLE IV.6

Arbitrators' fees

The fees referred to in Article IV.7 shall be reasonable, taking account of the complexity of

the case, the time spent on it by the arbitrators and all other relevant circumstances.

A list of daily compensation and maximum and minimum hours, which shall be common to

all bilateral agreements in the fields related to the internal market in which Switzerland participates

as well as the Agreement on health, the Agreement on trade in agricultural products and the

Agreement on Switzerland's regular financial contribution, shall be established and updated when

necessary. The Joint Committee shall adopt and update that list by a decision for the purposes of the

Agreement.

ARTICLE IV.7

Costs

Each party shall bear its own costs and half of the costs of the arbitral tribunal.

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The arbitral tribunal shall set its costs in its decision on the substance of the case. Those costs

shall include only:

(a)

the arbitrators' fees, to be stated separately for each arbitrator and to be set by the arbitral

tribunal itself in accordance with Article IV.6;

(b)

the travel and other expenses incurred by the arbitrators; and

(c)

the fees and expenses of the International Bureau.

The costs referred to in paragraph 2 shall be reasonable, taking account of the amount in

dispute, the complexity of the dispute, the time that the arbitrators and any experts appointed by the

arbitral tribunal have spent on it and any other relevant circumstances.

ARTICLE IV.8

Deposit of costs

At the start of the arbitration, the International Bureau may ask the parties to deposit an equal

amount as an advance for the costs referred to in Article IV.7(2).

During the arbitration proceedings, the International Bureau may request from the parties

deposits supplementary to those referred to in paragraph 1.

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All amounts deposited by the parties in application of this Article shall be paid to the International

Bureau and paid out by it to cover the costs actually incurred, including, in particular, the fees paid

to the arbitrators and to the International Bureau.

CHAPTER V

FINAL PROVISIONS

ARTICLE V.1

Amendments

The Joint Committee may adopt, by decision, amendments to this Appendix.

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