# EUR-Lex - 52015PC0076 - EN

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# 52015PC0076

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union in 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, as regards the amendment of Annex III on the mutual recognition of professional qualifications /* COM/2015/076 final - 2015/0040 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In 1999, the European Community and its
Member States concluded a bilateral agreement with Switzerland on the free
movement of persons (see OJ L 114 of 30.4.2002, p. 6). This entered into force
on 1 June 2002. A protocol was later concluded extending the Agreement to
include the ten Member States that joined the EU in 2004 (see OJ L 89 of
28.3.2006, p. 30). A second protocol was concluded extending the Agreement
to include Bulgaria and Romania (see OJ L 124 of 20.5.2009, p. 53). The
Agreement was initially concluded for a period of seven years, which came to an
end on 31 May 2009. Following the Swiss referendum of 8 February 2009, the
Agreement was renewed for an indefinite period. In spite of the results of the
Swiss referendum of 9 February 2014 on mass migration, the Agreement is still
in force.

Article 9 and Annex III of the Agreement
relate to the recognition of professional qualifications. Annex III lists the
EU acts adopted in this area that are of relevance to the EU’s relations with
Switzerland. Article 18 of the Agreement specifies that any amendments to Annex
III are to be adopted by decision of the EU-Swiss Joint Committee established
under Article 14.

Annex III was last amended by Decision No 2/2011
of the EU-Swiss Joint Committee (see OJ L 277 of 22.10.2011 p. 20).
The purpose of this amendment was, in particular, to align the Agreement with
Directive 2005/36/EC of the European Parliament and of the Council of 7
September 2005 on the recognition of professional qualifications (see OJ L 255
of 30.9.2005, p. 22).

The annexes to this
Directive have themselves been amended several times since the adoption of
Decision No 2/2011. Annex III therefore needs to
be updated again in order to take account of these changes. Specifically,
amendments need to be made to Annex III to the Agreement in order to reflect
the following:

– 
The adoption of Regulation EU No 623/2012
amending Annex II to Directive 2005/36/EC (see OJ L 180 of 12.7.2012, p.
9).

– 
Notification from the United Kingdom of changes
relating to the professional associations and organisations listed under Annex
I to Directive 2005/36/EC. These changes are reflected in the Commission
communication Notification of the professional associations or organisations
fulfilling the conditions of Article 3(2) listed under Annex I to Directive
2005/36/EC (see OJ C 182 of 23.6.2011, p. 1).

– 
Five Commission communications updating Annex V
to the Agreement in the light of notifications from Member States of new or amended
professional titles and of changes to the accepted evidence of formal
qualifications and/or the bodies issuing such evidence. The Communications were
published on 24.6.2011 (OJ C 183, p. 1), 16.12.2011 (OJ C 367, p. 5), 14.8.2012
(OJ C 244, p. 1), 21.12.2012 (OJ C 396, p. 1) and 28.6.2013 (OJ C 183, p. 4).

– 
Recent developments in Switzerland relating to
professional qualifications for certain health and healthcare professions.
Switzerland has requested that a number of amendments and additions be made to
Annex III to the Agreement. These relate to the areas of medical oncology,
medical genetics and internal medicine, nursing and midwifery.

It should be noted that the amendments
mentioned here, which have all been included in the attached draft revision of
Annex III, need to be made in order to reflect technical changes affecting the
current situation in Member States (the contracting parties). They do not
constitute new initiatives.

2.           LEGAL ELEMENTS OF THE
PROPOSAL

The draft Joint Committee Decision contains
three articles.

Article 1 stipulates that Annex III to the
Agreement is to be adapted in accordance with the Annex attached to the
Decision.

Article 2 stipulates that the Decision will
be equally authentic in all the official languages of the EU.

Article 3 lays
down provisions regarding the entry into force of the Decision.

Annex: revised
Annex III

3.           BUDGETARY IMPLICATION

This proposal does not have any
implications for the EU’s budget.

2015/0040 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the
European Union in 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, as regards the
amendment of Annex III on the mutual recognition of professional qualifications

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 218(9) in
conjunction with Articles 46, 53 and 62 thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       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[1] (‘the Agreement’) was
signed on 21 June 1999 and entered into force on 1 June 2002.

(2)       Article 14 of the
Agreement establishes the EU-Swiss Joint Committee. Pursuant to Article 18 of
the Agreement, amendments to Annex III (Mutual recognition of professional
qualifications) are to be adopted by decision of that Joint Committee.

(3)       In order to ensure that EU
legal acts continue to be applied consistently and correctly and to avoid
administrative — and possibly legal — difficulties, Annex III to the Agreement
should be amended to take account of new EU legal acts to which the Agreement
does not currently refer.

(4)       The position of the
European Union within the EU-Swiss Joint Committee should therefore be based on
the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European
Union within the EU-Swiss Joint Committee established by Article 14 of 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, as regards the amendment of Annex III
(Mutual recognition of professional qualifications) shall be
based on the draft Decision of the EU‑Swiss Joint Committee
attached to this Decision.

Minor changes to the draft Decision may be
agreed by the representatives of the Union in the Joint Committee without
further decision of the Council.

Article 2

After its adoption, the Decision of the
Joint Committee shall be published in the Official Journal of the
European Union.

Article 3

This Decision shall enter into force on the
date of its adoption.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 114, 30.4.2002, p. 6.

ANNEX
Draft
DECISION No 2/2014 OF THE EU-SWISS JOINT COMMITTEE established under
Article 14 of 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, amending Annex III of the Agreement on
mutual recognition of professional qualifications

THE
JOINT COMMITTEE,

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 (‘the Agreement’)
and in particular Articles 14 and 18 thereof,

Whereas:

(1) 
The Agreement was signed on 21 June 1999 and
entered into force on 1 June 2002.

(2) 
Annex III (Mutual recognition of professional
qualifications) to the Agreement was last amended by Decision No 2/2011 of the
EU-Swiss Joint Committee[1]
and should be updated to take into account new legal acts of the European Union
and Switzerland since that date,

HAS
ADOPTED THIS DECISION:

Article 1

Annex III (Mutual recognition of
professional qualifications) to the Agreement shall be amended in accordance
with the Annex to this Decision.

Article 2

This Decision is established in the
Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French,
German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, the
texts in each of these languages being equally authentic.

Article 3

This Decision shall enter into force on the
first day of the second month following its adoption by the EU-Swiss Joint
Committee.

Done at Brussels, ....

For
the Joint Committee

The
Chairperson

ANNEX

Annex
III 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 is hereby amended as follows:

1. 
Under ‘SECTION A: ACTS REFERRED TO’ the
following indents are added to point 1a:

-      Commission Regulation (EU) No 623/2012 of 11 July 2012 amending
Annex II to Directive 2005/36/EC of the European Parliament and of the
Council on the recognition of professional qualifications (OJ L 180, 12.7.2012,
p. 9);

-      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 (see OJ C 182 of 23.6.2011,
p. 1);

-      Communication from the Commission — Notification of evidence
of formal qualifications — Directive 2005/36/EC on the recognition of
professional qualifications (Annex V) (OJ C 183, 24.6.2011, p. 1);

-      Communication from the Commission — Notification of evidence
of formal qualifications — Directive 2005/36/EC on the recognition of
professional qualifications (Annex V) (OJ C 367, 16.12.2011, p. 5);

-      Communication from the Commission — Notification of evidence
of formal qualifications — Directive 2005/36/EC on the recognition of
professional qualifications (Annex V) (OJ C 244, 14.8.2012, p. 1);

-      Communication from the Commission — Notification of evidence
of formal qualifications — Directive 2005/36/EC on the recognition of
professional qualifications (Annex V) (OJ C 396, 21.12.2012, p. 1);

-      Communication from the Commission — Notification of evidence
of formal qualifications — Directive 2005/36/EC on the recognition of
professional qualifications (Annex V) (OJ C 183, 28.6.2013, p. 4);

-      Communication from the Commission — Notification of evidence
of formal qualifications — Directive 2005/36/EC on the recognition of
professional qualifications (Annex V) (OJ C 301, 17.10.2013, p. 1).

2. 
Point 1g is supplemented by the following
medical headings:

Country || Name

Medical oncology Minimum period of training: 5 years

Switzerland || Medizinische Onkologie Oncologie médicale Oncologia medica

Country || Name

Medical genetics Minimum period of training: 4 years

Switzerland || Medizinische Genetik Génétique médicale Genetica medica

3. 
In point 1g the wording of the medical heading
‘General (internal) medicine’ is replaced as follows:

Country || Name

General (internal) medicine Minimum period of training: 5 years

Switzerland || Allgemeine Innere Medizin Médecine interne générale Medicina interna generale

4. 
The following training is added to point 1i:

Country || Evidence of formal qualifications || Body awarding the qualification || Professional title || Reference date

Switzerland || 3. Diplomierte Pflegefachfrau HF, diplomierter Pflegefachmann HF || Höhere Fachschulen, die staatlich anerkannte Bildungsgänge durchführen || Pflegefachfrau, Pflegefachmann || 1 June 2002

|| Infirmière diplômée ES, infirmier diplômé ES || Ecoles supérieures qui proposent des filières de formation reconnues par l’État || Infirmière, infirmier ||

|| Infermiera diplomata SSS, infermiere diplomato SSS || Scuole specializzate superiori che propongono dei cicli di formazione riconosciuti dallo Stato || Infermiera, infermiere ||

5. 
The table in point 1m is replaced by the
following:

Country || Evidence of formal qualifications || Body awarding the qualification || Professional title || Reference date

Switzerland || 1. Diplomierte Hebamme || Schulen, die staatlich anerkannte Bildungsgänge durchführen || Hebamme || 1 June 2002

|| Sage-femme diplômée || Écoles qui proposent des filières de formation reconnues par l'État || Sage-femme ||

|| Levatrice diplomata || Scuole che propongono dei cicli di formazione riconosciuti dallo Stato || Levatrice ||

|| 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 Scuole che propongono dei cicli di formazione riconosciuti dallo Stato || Hebamme Sage-femme Levatrice || 1 June 2002

[1]               OJ L 277, 22.10.2011, p. 20.