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Agreement with the Swiss Federation: free movement of persons

European and Swiss nationals benefit from the right to move freely between their respective territories. This Agreement lays down the conditions for this right to free movement.

ACT

Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation [Official Journal L 114 of 30.4.2002].

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 [OJ L 114 of 30.4.2002].

SUMMARY

This Agreement establishes the principle of free movement of persons between the territory of the European Community and that of the Swiss Confederation.

European and Swiss nationals both enjoy the right of entry, residence, access to paid work, establishment on a self-employed basis and the right to stay in the territory after their employment has finished. The right of entry and residence applies to everyone, including those without an economic activity in the host country.

The host State must accord foreign nationals the same living, employment and working conditions as those accorded to nationals. The Agreement provides protection against discrimination based on nationality.

There are other rights related to the free movement of persons. They concern:

  • the right to personal and geographical mobility;
  • the right of residence for members of the family and their right to pursue an economic activity, irrespective of their nationality;
  • the right to acquire immovable property, specifically in order to establish a main or secondary residence in the host State;
  • the right to return to the host State after the end of an economic activity or period of residence there.

The Agreement also provides for the coordination of social security systems under the principle of equal treatment, as well as the mutual recognition of professional qualifications.

Service provision

Service providers, including companies, may temporarily provide a service on the territory of another Contracting Party to the Agreement under the same conditions as nationals of that State. This right does not apply to services carried out on the territory of a Contracting Party for persons receiving services who are located in the territory of the other party.

This service must not exceed 90 days of work in a calendar year. After that period the provider must apply for a residence permit for the period of their service provision.

Persons receiving a service have the right of entry and residence in the territory of the other Party to the Agreement. They shall not require a residence permit if their stay is less than three months. After that period, a residence permit shall be issued by the competent authorities for the duration of the service provision.

Management by Joint Committee

A Joint EU-Swiss Committee made up of representatives from the two Parties shall be established to ensure compliance with, and application of, the Agreement. The Committee shall decide on any amendments required concerning specific annexes to the Agreement. They shall be responsible for settling any disputes related to compliance with the Agreement.

REFERENCES

ActEntry into forceDeadline for transposition in the Member StatesOfficial Journal
Decision 2002/309/EC, Euratom

1.6.2002

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OJ L 114 of 30.4.2002

RELATED ACTS

Council Decision2006/245/EC of 27 February 2006 on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties, of the 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 [Official Journal L 89 of 28.3.2006].

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 [Official Journal L 89 of 28.3.2006].

Council Decision2009/392/EC of 27 November 2008 on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union[Official Journal L 124 of 20.5.2009].

Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union [Official Journal L 124 of 20.5.2009].

Last updated: 07.01.2010
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