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, theRepublic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, theRepublic of Poland, the Republic of Slovenia and the Slovak Republic pursuant to their accession to
the European Union
THE KINGDOM OF BELGIUM,
THE CZECH REPUBLIC,THE KINGDOM OF DENMARK,THE FEDERAL REPUBLIC OF GERMANY,THE REPUBLIC OF ESTONIA,THE HELLENIC REPUBLIC,THE KINGDOM OF SPAIN,THE FRENCH REPUBLIC,IRELAND,THE ITALIAN REPUBLIC,THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,THE GRAND DUCHY OF LUXEMBOURG,THE REPUBLIC OF HUNGARY,THE REPUBLIC OF MALTA,THE KINGDOM OF THE NETHERLANDS,THE REPUBLIC OF AUSTRIA,THE REPUBLIC OF POLAND,THE PORTUGUESE REPUBLIC,THE REPUBLIC OF SLOVENIA,THE SLOVAK REPUBLIC,THE REPUBLIC OF FINLAND,THE KINGDOM OF SWEDEN,THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,EN L 89/30 Official Journal of the European Union 28.3.2006
hereinafter referred to as ‘the Member States ’, represented by the Council of the European Union, and
THE EUROPEAN COMMUNITY, also represented by the Council of the European Union,of the one part, andTHE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland ’,
of the other part,hereinafter referred to as ‘the Contracting Parties ’,
HAVING REGARD 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 (hereinafter referred to as ‘the
Agreement ’), which entered into force on 1 June 2002;
HAVING REGARD TO the 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 Republicof Slovenia and the Slovak Republic (hereinafter referred to as ‘the new Member States ’) to the European Union on 1 May
2004;
WHEREAS the new Member States are to become Contracting Parties to the Agreement;CONSIDERING that the Act of Accession grants to the Council of the European Union the power to conclude on behalf
of the Member States of the European Union a protocol on the accession of the new Member States to the Agreement,
HAVE AGREED AS FOLLOWS:
Article 1
1. The new Member States hereby become Contracting
Parties to the Agreement.
2. From the entry into force of this Protocol, the provisions
of the Agreement shall be binding on the new Member States ason the present Contracting Parties of the Agreement under theterms and conditions laid down in this Protocol.
Article 2
In the main body of the Agreement and in Annex I thereto the
following adaptations shall be made:
(a) The list of Contracting Parties to the Agreement shall be
replaced by the following:
‘The European Community,
the Kingdom of Belgium,the Czech Republic,the Kingdom of Denmark,
the Federal Republic of Germany,
the Republic of Estonia,the Hellenic Republic,the Kingdom of Spain,
the French Republic,
Ireland,
the Italian Republic,the Republic of Cyprus,the Republic of Latvia,
the Republic of Lithuania,
the Grand Duchy of Luxembourg,the Republic of Hungary,the Republic of Malta,the Kingdom of the Netherlands,
the Republic of Austria,
the Republic of Poland,the Portuguese Republic,EN 28.3.2006 Official Journal of the European Union L 89/31
the Republic of Slovenia,
the Slovak Republic,the Republic of Finland,
the Kingdom of Sweden,
the United Kingdom of Great Britain and Northern Ireland,of the one part, and
the Swiss Confederation,
of the other part, ’.
(b) In Article 10 of the Agreement, the following paragraphs
shall be inserted:
‘1a. Switzerland may maintain until 31 May 2007 quan-
titative limits in respect of access by workers employed inSwitzerland and for self-employed persons who arenationals 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 Republicof Slovenia and the Slovak Republic for the following twocategories of residence: residence for a period of more thanfour months and less than one year and residence for aperiod equal to, or exceeding, one year. There shall be noquantitative restriction on residence for less than fourmonths.
Before the end of the transitional period mentioned above,
the Joint Committee shall review the functioning of the
transitional period applied to nationals of the newMember States on the basis of a report from Switzerland.Upon completion of the review, and no later than at theend of the period mentioned above, Switzerland shall notifythe Joint Committee whether it will continue applying quan-titative limits to workers employed in Switzerland. Swit-zerland may continue to apply such measures until 31May 2009. In the absence of such notification, the transi-tional period shall expire on 31 May 2007.
At the end of the transitional period defined in this
paragraph, all quantitative limits applicable to nationals ofthe Czech Republic, the Republic of Estonia, the Republic ofLatvia, the Republic of Lithuania, the Republic of Hungary,the Republic of Poland, the Republic of Slovenia and theSlovak Republic shall be abolished. These Member States areentitled to introduce the same quantitative limitations forSwiss nationals for the same periods. ’‘2a. Switzerland and the Czech Republic, the Republic of
Estonia, the Republic of Latvia, the Republic of Lithuania,the Republic of Hungary, the Republic of Poland, theRepublic of Slovenia and the Slovak Republic, maymaintain, until 31 May 2007, for workers of one of theseContracting Parties employed in their own territory thecontrols on the priority of workers integrated into theregular labour market and wage and working conditions
applicable to nationals of the Contracting Party concerned.
The same controls may be maintained for persons providingservices in the following four sectors: Horticultural serviceactivities; Construction, including related branches; Securityactivities; Industrial cleaning (NACE (
1) codes 01.41; 45.1 to
4; 74.60; 74.70 respectively), referred to in Article 5(1) ofthe Agreement. Switzerland, shall, during the transitionalperiods mentioned in paragraphs 1a, 2a, 3a and 4a, givepreference to workers who are nationals of the newMember States over workers who are nationals of non-EUand non-EFTA countries as regards access to its labourmarket. The controls on the priority of workers integratedinto the regular labour market shall not apply to providersof services liberalised by a specific agreement between theContracting Parties concerning the provision of services(including the Agreement on certain aspects of government
procurement insofar as it covers the provision of services).
For the same period, qualification requirements may bemaintained for residence permits of less than fourmonths (
2) and to persons providing services in the four
sectors mentioned above, referred to in Article 5(1) of theAgreement.
Before 31 May 2007, the Joint Committee shall review the
functioning of the transitional measures contained in thisparagraph on the basis of a report prepared by each of theContracting Parties implementing them. Upon completionof the review, and no later than 31 May 2007, the
Contracting Party which has implemented the transitional
measures contained in this paragraph, and has notified theJoint Committee of its intention to continue applying suchtransitional measures, may continue to do so until 31 May2009. In the absence of such notification, the transitionalperiod will expire 31 May 2007.
At the end of the transitional period defined in this
paragraph, all restrictions referred to above in thisparagraph shall be abolished.
___________
(
1) NACE: Council Regulation (EEC) No 3037/90 of
9 October 1990 on the statistical classificationof economic activities in the European Community (OJL 293, 24.10.1990, p. 1), as last amended by Commis-sion Regulation (EC) 29/2002 of 19 December 2001 (OJL 6, 10.1.2002, p. 3).
(
2) Workers may apply for short-term residence permits
under the quotas mentioned in paragraph 3a even fora period of less than four months. ’EN L 89/32 Official Journal of the European Union 28.3.2006
‘3a. Upon entry into force of the Protocol to this
Agreement regarding the participation, as contractingparties, of the new Member States mentioned below anduntil the end of the period described in paragraph 1a, Swit-zerland shall reserve on an yearly basis ( pro rata temporis ),
within its overall quota for third countries, for workersemployed in Switzerland and for self-employed personswho 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, theRepublic of Slovenia and the Slovak Republic a minimumnumber of new residence permits (
1) according to the
following schedule:
UntilNumber of permits for
a period equal to or
exceeding one yearNumber of permits for a
period of more than
four months and less
than one year
31 May 2005 900 9 000
31 May 2006 1 300 12 400
31 May 2007 1 700 15 80031 May 2008 2 200 19 20031 May 2009 2 600 22 600
___________
(1) These permits will be granted in addition to the quota
mentioned in Article 10 of the Agreement which arereserved for employed and self-employed persons whoare nationals of the Member States at the time ofsignature of the Agreement (21 June 1999) ornationals of the Republic of Cyprus or the Republic of
Malta. These permits are also in addition to permits
granted through existing bilateral trainee exchangeagreements. ’
‘4a. At the end of the period described in paragraph 1a
and in this paragraph and up to 12 years after entry intoforce of the Agreement, the provisions of Article 10(4) ofthe Agreement shall apply.
In case of serious disturbances of its labour market or threat
thereof, Switzerland and any of the new Member Stateswhich has implemented transitional measures, shall notifysuch circumstances to the Joint Committee by 31 May2009. In this case, the notifying country may continue toapply to workers employed on its own territory, themeasures described in paragraphs 1a, 2a and 3a until 30April 2011. In such a case, the annual number of residencepermits referred to in paragraph 1a shall be:UntilNumber of permits for
a period equal to or
exceeding one yearNumber of permits for a
period of more than
four months and less
than one year
31 May 2010 2 800 26 000
30 April 2011 3 000 29 000
4b. When Malta undergoes or foresees disturbances on
its labour market which could seriously threaten thestandard of living or level of employment in a givenregion or occupation, and decides to invoke the provisionscontained in Section 2 “Freedom of Movement for Persons ”
of Annex XI to the Act of Accession, the restrictivemeasures taken by Malta towards the rest of EU MemberStates could also be applied to Switzerland. In such a case,Switzerland shall be entitled to take equivalent reciprocalmeasures towards Malta.
Malta and Switzerland may resort to this procedure until
30 April 2011. ’
‘5a. The transitional provisions of paragraphs 1a, 2a, 3a,
4a and 4b, and in particular those of paragraph 2aconcerning the priority of workers integrated into theregular labour market and controls on wage and workingconditions, shall not apply to employed and self-employedpersons who, at the time of the entry into force of theProtocol to this Agreement regarding the participation, ascontracting parties, of the new Member States mentioned inthe said paragraphs, are authorised to pursue an economicactivity on the territory of the Contracting Parties. Suchpersons shall in particular enjoy occupational and geogra-phical mobility.
The holders of residence permits valid for less than one year
shall be entitled to have their permits renewed; the
exhaustion of quantitative limits may not be invokedagainst them. The holders of residence permits valid for aperiod equal to, or exceeding, one year shall automaticallybe entitled to have their permits extended. Such employedand self-employed persons shall therefore enjoy the rights tofree movement accorded to established persons in the basicprovisions of this Agreement, and in particular Article 7thereof, from its entry into force. ’
(c) In Article 27(2) of Annex I to the Agreement, the reference
to Article 10(2) shall be replaced by Article 10(2, 2a, 4a and4b).
Article 3
By derogation from Article 25 of Annex I to the Agreement,
the transitional periods of Annex I to this Protocol shall apply.EN 28.3.2006 Official Journal of the European Union L 89/33
Article 4
This Protocol shall form an integral part of the Agreement.
Article 5
Annexes I, II and III to the Agreement shall be modified in
accordance with Annexes I, II and III to this Protocol that
shall form an integral part of this Protocol.
Article 6
1. This Protocol shall be ratified or approved by the Council
of the European Union, on behalf of the Member States and the
European Community, and by the Swiss Confederation in
accordance with their own procedures.
2. The Council of the European Union and the Swiss
Confederation shall notify each other of the accomplishmentof these procedures.
Article 7
This Protocol shall enter into force on the first day of the first
month following the date of deposit of the last instrument ofapproval.Article 8
This Protocol shall remain in force for the same duration and
according to the same modalities as the Agreement.
Article 9
1. This Protocol, as well as the Declarations annexed thereto,
shall be drawn up in duplicate in the Czech, Danish, Dutch,English, Estonian, Finnish, French, German, Greek, Hungarian,Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak,Slovenian, Spanish and Swedish languages, each text beingequally authentic.
2. The Maltese language version of this Protocol shall be
authenticated by the Contracting Parties on the basis of anExchange of Letters. It shall also be authentic, in the sameway as for the languages referred to in paragraph 1.
3. The Agreement, as well as the Declarations annexed
thereto, drawn up in the Czech, Estonian, Hungarian, Latvian,Lithuanian, Maltese, Polish, Slovak and Slovenian languagesshall be authenticated by the Contracting Parties on the basisof an Exchange of Letters. These language versions shall also beequally authentic.
Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.
V Lucemburku dne dvacátého šestého října dva tisíce čtyři.
Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.
Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.'Εγινε στ oΛουξεμβούργο ,στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα .
Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.
Fait à Luxembourg, le vingt-six octobre deux mille quatre.
Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.
Luksemburg ā, divi t ūksto ši ceturt āgada divdesmit sestaj āoktobr ī.
Priimta du t ūkstan čiai ketvirt ųmetųspalio dvide šimt šeštądien ąLiuksemburge.
Kelt Luxembourgban, a kett őezer-negyedik év október havának huszonhatodik napján.
Mag ħmula fil-Lussemburgu fis-sitta u g ħoxrin jum ta' Ottubru tas-sena elfejn u erbg ħa.
Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.
Sporz ądzono w Luksemburgu, dnia dwudziestego szóstego pa ździernika roku dwa tysi ące czwartego.
Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.V Luxemburgu dvadsiateho šiesteho októbra dvetisíc štyri.
V Luxembourgu, dne šestindvajsetega oktobra leta dva tiso čštiri.
Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.EN L 89/34 Official Journal of the European Union 28.3.2006
Por los Estados miembros
Začlenské státy
For medlemsstaterne
Für die Mitgliedstaaten
Liikmesriikide nimel
Για τα κράτη μέλη
For the Member States
Pour les États membres
Per gli Stati membri
Dalībvalstu v ārdā
Valstybi ųnariųvardu
A tagállamok részér ől
Għall-Istati Membri
Voor de lidstaten
W imieniu Pa ństw Cz łonkowskich
Pelos Estados-Membros
Začlenské štáty
Za dr žave članice
Jäsenvaltioiden puolesta
På medlemsstaternas vägnar
Por Ia Comunidad Europea
Za Evropské spole čenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas v ārdā
Europos bendrijos vardu
az Európai Közösség részér ől
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spolo čenstvo
za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Für die Schweizerische Eidgenossenschaft
Pour la Confédération suisse
Per la Confederazione svizzera
EN 28.3.2006 Official Journal of the European Union L 89/35
ANNEX I
TRANSITIONAL MEASURES ON THE PURCHASE OF LAND AND SECONDARY RESIDENCE
1.The Czech Republic
(a) The Czech Republic may maintain in force for five years from the date of its accession to the EU the rules laid down
in the Foreign Exchange Act No 219/1995 Sb., as amended, on the acquisition of secondary residences by Swissnationals non-resident in the Czech Republic and by companies formed in accordance with the laws of Switzerland
and being neither established nor having a branch or a representative agency in the territory of the Czech Republic.
(b) The Czech Republic may maintain in force for seven years from the date of accession to the EU the rules laid down in
the Foreign Exchange Act No 219/1995 Sb., as amended, Act No 229/1991 Sb., on the arrangement of ownership
relations towards land and other agricultural property, and the Act No 95/1999 Sb., on conditions relating to thetransfer of agricultural land and forests from the state ownership to ownership of other entities regarding the
acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with the
laws of Switzerland which are neither established nor registered in the Czech Republic. Without prejudice to anotherprovision of this point 1, a Swiss national may in no instance be treated less favourably in respect of the acquisitionof agricultural land and forests than at the date of signature of the Protocol or be treated in a more restrictive way
than a national of a third country.
(c) Self-employed farmers who are Swiss nationals and who wish to establish themselves and reside in the Czech
Republic shall not be subject to the provisions of (b) or to any procedures other than those to which nationals of
the Czech Republic are subject.
(d) A general review of these transitional measures shall be held in the third year following the date of accession of the
Czech Republic to the EU. The Joint Committee may decide to shorten or terminate the transitional period indicatedin (a).
(e) Should the Czech Republic introduce conditions for the acquisition of real estate in the Czech Republic by non-
residents during the transitional period, they shall be based on transparent, objective, stable and public criteria. These
criteria shall be applied in a non-discriminatory manner and shall not differentiate between nationals of Czech
Republic and Swiss nationals.
(f) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat
of serious disturbances on the agricultural land market of the Czech Republic, the Joint Committee, at the request ofthe Czech Republic, shall decide upon the extension of the transitional period for up to a maximum of three years.
2.Estonia
(a) Estonia may maintain in force for seven years from the date of its accession to the EU, its legislation existing at the
time of signature of this Protocol regarding the acquisition of agricultural land and forests by Swiss nationals and by
companies formed in accordance with the laws of Switzerland and being neither established nor registered nor having
a local branch or agency in Estonia. In no instance may a Swiss national be treated less favourably in respect of theacquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a morerestrictive way than a national of a third country. According to this legislation, Estonia has adopted the Act on
Restrictions on Acquisition of Immovable Property and the Amendments to the Land Reform Act , both from 12 February
2003.
(b) Swiss nationals who wish to establish themselves as self-employed farmers and reside in Estonia, and who have been
legally resident and active in farming in Estonia for at least three years continuously, shall not be subject to theprovisions of (a) or to any procedures other than those to which nationals of Estonia are subject.
(c) A general review of these transitional measures shall be held in the third year following the date of its accession to the
EU. To this effect, the Commission of the European Communities (hereinafter referred to as ‘the Commission ’) shall
submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional
period indicated in (a).EN L 89/36 Official Journal of the European Union 28.3.2006
(d) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat
of serious disturbances on the agricultural land market of Estonia, the Joint Committee, at the request of Estonia, shall
decide upon the extension of the transitional period for up to a maximum of three years.
3.Cyprus
Cyprus may maintain for five years from the date of its accession to the EU, its legislation as in force on 31 December
2000 regarding the acquisition of residences for secondary use.
According to the Acquisition of Real Estate (Aliens) Cap 109 and the Amending Laws 52/69, 55/72 and 50/90, the
acquisition of real estate in Cyprus by non-Cypriots is subject to the approval by the Council of Ministers. The Council of
Ministers has authorised the District Officers to grant approval on its behalf. When the real estate concerned exceeds 2donums (1 donum = 1 338 m
2), approval may be granted only for the following purposes:
(a) primary or secondary residence not exceeding an area of 3 donums,(b) professional or commercial premises,
(c) industry in sectors deemed beneficial for the Cypriot economy.
The above law has been amended by the ‘Acquisition of Real Estate (Aliens) (Amendment) Law of 2003, No 54(I)/2003 ’.
The new Law imposes no restrictions on EU nationals and EU registered companies for the acquisition of real estatelinked to primary residence and foreign direct investment or the acquisition of real estate by EU real estate agents and
land developers. Regarding the acquisition of residence for secondary use, the Law provides that for a period of five years,
following Cyprus's accession to EU, EU nationals not permanently residing in Cyprus and EU registered companies nothaving their registered office, central administration or principal place of business in Cyprus, may not acquire real estatefor the purpose of using it as secondary residence, without prior authorisation by the Council of Ministers, which has
delegated its authority to the District Officers, as mentioned above.
4.Latvia
(a) Latvia may maintain in force for seven years from the date of accession the rules laid down in Law on Amendments
to the Law on Privatisation of Land in Rural (in force since 14 April 2003) regarding the acquisition of agricultural
land and forests by Swiss nationals and companies formed in accordance with the laws of Switzerland and beingneither established nor registered nor having a local branch or agency in Latvia. In no instance may a national ofSwitzerland be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of
signature of this Protocol or be treated in a more restrictive way than a national of a third country.
(b) A general review of these transitional measures shall be held before the end of the third year following the date of its
accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint
Committee may decide to shorten or terminate the transitional period indicated in (a).
(c) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat
of serious disturbances on the agricultural land market of Latvia, the Joint Committee, at the request of Latvia, shalldecide upon the extension of the transitional period for up to a maximum of three years.
5.Lithuania
(a) Lithuania may maintain in force for seven years from the date of its accession to the EU, its legislation existing at the
time of signature of this Protocol regarding the acquisition of agricultural land and forests by Swiss nationals and bycompanies formed in accordance with the Swiss laws and being neither established nor registered nor having a local
branch or agency in Lithuania. In no instance may a Swiss national be treated less favourably in respect of the
acquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a morerestrictive way than a national of a third country. According to this legislation, Swiss nationals and legal persons, aswell as organisations set up in Switzerland without the status of a legal person, but with the civil capacity laid down
in the Swiss laws, may not acquire agricultural land and forestry land before the end of the 7-year transitional period
defined in the Treaty of Accession of the Republic of Lithuania to the European Union.
(b) Swiss nationals who wish to establish themselves as self-employed farmers and reside in Lithuania, and who have
been legally resident and active in farming in Lithuania for at least three years continuously, shall not be subject to the
provisions of (a) or to any procedures other than those to which nationals of Lithuania are subject.EN 28.3.2006 Official Journal of the European Union L 89/37
(c) A general review of these transitional measures shall be held in the third year following the date of its accession to the
EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to
shorten or terminate the transitional period indicated in (a).
(d) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat
of serious disturbances on the agricultural land market of Lithuania, the Joint Committee, at the request of Lithuania,
shall decide upon the extension of the transitional period for up to a maximum of three years.
6.Hungary
(a) Hungary may maintain in force for five years from the date of its accession to the EU, its legislation contained in Act
LV of 1994 on Agricultural Land as amended regarding the acquisition of secondary residences.
(b) Swiss nationals who have been legally resident in Hungary at least for four years continuously shall not be subject to
the provisions of (a) or to any rules and procedures other than those to which nationals of Hungary are subject.
During the transitional period Hungary shall apply authorisation procedures for the acquisition of secondary resi-
dences based on objective, stable, transparent and public criteria. These criteria shall be applied in a non-discrimi-natory manner and shall not differentiate between Swiss nationals residing in Hungary.
(c) Hungary may maintain in force for seven years from the date of its accession to the EU, the prohibitions contained in
Act LV of 1994 on Agricultural Land as amended on the acquisition of agricultural land by natural persons who arenon-residents or non nationals of Hungary and by legal persons.
(d) Swiss nationals who want to establish themselves as self-employed farmers and who have been legally resident and
active in farming in Hungary at least for three years continuously, shall not be subject to the provisions of (c) or toany rules and procedures other than those to which nationals of Hungary are subject.
(e) A general review of these transitional measures shall be held in the third year following the date of its accession to the
EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide toshorten or terminate the transitional period indicated in (c).
(f) Should Hungary apply authorisation procedures for the acquisition of agricultural land during the transitional period,
they shall be based on objective, stable, transparent and public criteria. These criteria shall be applied in a non-discriminatory manner.
(g) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat
of serious disturbances on the agricultural land market of Hungary, the Joint Committee, at the request of Hungary,shall decide upon the extension of the transitional period for up to a maximum of three years.
7.Malta
Purchase of property in the Maltese islands is regulated by the Immovable Property (Acquisition by Non-Residents) Act
(Cap. 246 of the Laws of Malta). This Act provides that:
(a) (1) A Swiss national may purchase immovable property in Malta to be used by such person as a residence (not
necessarily a primary residence) provided such person does not already own another residence in Malta. Suchpurchases do not require the person to have a right of residence in Malta although they are subject to a permitwhich (with a limited number of exceptions specified in the legislation) may not be withheld if the value of the
property is higher than an amount determined annually by an index (currently Lm 30 000 for an apartment and
Lm 50 000 for a house).
(2) 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.
(b) 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.EN L 89/38 Official Journal of the European Union 28.3.2006
8.Poland
(a) Poland may maintain in force for five years from the date of its accession to the EU, its legislation existing at the time
of signature of this Protocol regarding the acquisition of secondary residences. According to this legislation, a Swiss
national will have to comply with the requirements laid down in the Act of 24 March 1920 on the Acquisition ofReal Estate by Foreigners (Dz.U. 1996, Nr 54, poz. 245 with amendments), as amended.
(b) Swiss nationals who have been legally resident in Poland for four years continuously shall not, as regards the
acquisition of secondary residences, be subject to the provisions of (c) or to any procedures other than those to
which nationals of Poland are subject.
(c) Poland may maintain in force for twelve years from the date of its accession to the EU, its legislation regarding the
acquisition of agricultural land and forests. In no instance may Swiss nationals or legal persons formed in accordance
with the Swiss laws be treated less favourably in respect of the acquisition of agricultural land and forests than at thedate of signature of this Protocol. According to this legislation, a Swiss national will have to comply with therequirements laid down in the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners (Dz.U.
1996, Nr 54, poz. 245 with amendments), as amended.
(d) Swiss nationals who want to establish themselves as self-employed farmers and who have been legally resident and
leasing land in Poland as a natural or legal person for at least three years continuously, shall not be subject to the
provisions of (c) or to any procedures other than those to which nationals of Poland are subject as regards the
purchase of agricultural land and forests from the date of accession. In the Warmi ńsko-Mazurskie, Pomorskie,
Kujawsko-Pomorskie, Zachodniopomorskie, Lubuskie, Dolno śląkie, Opolskie and Wielkopolskie voivodships, the
residence and leasing period indicated in the preceding sentence shall extend to seven years. The lease period
preceding the purchase of land shall be calculated individually for each Swiss national who has been leasing land
in Poland from the certified date of the original lease agreement. Self-employed farmers who have been leasing landnot as natural but as legal persons can transfer the rights of the legal person under the lease agreement to themselvesas natural persons. For calculating the lease period preceding the right to purchase, the lease period of the contracts as
legal persons shall be counted. Lease agreements by natural persons can be provided with a certified date retroactively
and the entire lease period of the certified contracts will be counted. There shall be no deadlines for self-employedfarmers to transform their current lease contracts into contracts as natural persons or into written contracts with acertified date. The procedure to transform lease contracts shall be transparent and shall under no circumstances form
a new obstacle.
(e) A general review of these transitional measures shall be held in the third year following the date of its accession to the
EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide toshorten or terminate the transitional period indicated in (a).
(f) During the transitional period, Poland shall apply an authorisation procedure laid down by law which will ensure that
the grant of authorisations for the acquisition of real estate in Poland is based on transparent, objective, stable andpublic criteria. These criteria shall be applied in a non-discriminatory manner.
9.Slovenia
(a) If, until the end of a period of up to a maximum of seven years after the date of Slovenia's accession to the EU,
difficulties arise which are serious and liable to persist in real estate market or which could bring about seriousdeterioration in real estate market of a given area, Slovenia may apply for authorisation to take protective measures in
order to rectify the situation in the real estate market.
(b) Upon request by Slovenia, the Joint Committee shall, by emergency procedure determine the protective measures,
which it considers necessary, specifying the conditions and modalities in which they are to be put into effect.
(c) In the event of serious difficulties in real estate market and at the express request of Slovenia, the Joint Committee
shall act within five working days of the receipt of the request accompanied by the relevant background information.The measures thus decided shall be applicable forthwith and shall take account of the interests of all partiesconcerned.
(d) The measures authorised under (b) may involve derogations from the rules of this Agreement to such an extent and
for such periods as are strictly necessary in order to attain the objectives referred to in (a).EN 28.3.2006 Official Journal of the European Union L 89/39
10.Slovakia
(a) Slovakia may maintain in force for seven years from the date of its accession to the EU, its legislation regarding the
acquisition by non-residents of agricultural land and forests. According to this legislation, (a non-resident may acquire
ownership rights to real estate located in the Slovak Republic with the exception of the agricultural and forest land.The non resident may not acquire ownership rights to real estate whose acquisition is restricted by special regulationlaid down in the Foreign Exchange Act No 202/1995 as amended).
(b) In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land and
forests than at the date of signature of the present Protocol or be treated in a more restrictive way than a national of a
third country.
(c) Swiss nationals who want to establish themselves as self-employed farmers and who have been legally resident and
active in farming in Slovakia for at least three years continuously, shall not be subject to the provisions of (b) or toany procedures other than those to which nationals of Slovakia are subject.
(d) A general review of these transitional measures shall be held before the end of the third year following the date of
accession. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may
decide to shorten or terminate the transitional period indicated in (a).
(e) Should Slovakia introduce authorisation procedures for the acquisition of real estate in Slovakia by non-residents
during the transitional period, they shall be based on transparent, objective, stable and public criteria. These criteriashall be applied in a non-discriminatory manner and shall not differentiate between nationals of Slovakia and ofSwitzerland.
(f) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat
of serious disturbances on the agricultural land market of Slovakia, the Joint Committee, at the request of Slovakia,
shall decide upon the extension of the transitional period for up to a maximum of three years.EN L 89/40 Official Journal of the European Union 28.3.2006
ANNEX II
Annex II 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. The following shall be inserted under the Title ‘Section A: Acts referred to ’under point 1 ‘Regulation (EEC) No
1408/71 ’after ‘301 R 1386: Regulation (EC) No 1386/2001 …’:
‘12003 TN 02/02/A: 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, of 16 April 2003. ’
2. Under the heading ‘For the purposes of this Agreement, the Regulation shall be adapted as follows: ’, point 1 of Section
A of Annex II to the Agreement shall be amended as follows:
(a) under (i), concerning Annex III, Part A, the following shall be added after the last entry ‘Sweden —Switzerland ’:
‘Czech Republic —Switzerland
None.
Estonia —Switzerland
No convention.
Cyprus —Switzerland
None.
Latvia —Switzerland
No convention.
Lithuania —Switzerland
No convention.
Hungary —Switzerland
None.
Malta —Switzerland
No convention.
Poland —Switzerland
No convention.
Slovenia —Switzerland
None.
Slovakia —Switzerland
None. ’
(b) under (j), concerning Annex III, Part B, the following shall be added after the last entry ‘Sweden —Switzerland ’:
‘Czech Republic —Switzerland
None.
Estonia —Switzerland
No convention.
Cyprus —Switzerland
None.
Latvia —Switzerland
No convention.
Lithuania —Switzerland
No convention.EN 28.3.2006 Official Journal of the European Union L 89/41
Hungary —Switzerland
None.
Malta —Switzerland
No convention.
Poland —Switzerland
No convention.
Slovenia —Switzerland
None.
Slovakia —Switzerland
None. ’
(c) letter (o), concerning Annex VI, shall be amended as follows:
(aa) Under point 3 (a) (iv) insert after the word ‘Spain ’the word ‘Hungary ’
(bb) Under point 4 insert after the word ‘Germany ’the word ‘Hungary ’.
3. The following shall be inserted under the Title ‘Section A: Acts referred to ’under point 2 ‘Regulation (EEC) No 574/72 ’
after ‘302 R 410: Commission Regulation (EC) No 410/2002 …’:
‘12003 TN 02/02/A: 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, of 16 April 2003. ’
4. The following shall be inserted under the Title ‘Section B: Acts of which the contracting parties shall take due account ’
under the points ‘4.18. 383 D 0117: Decision No 117 …’,‘4.19. 83 D 1112(02): Decision No 118 …’,‘4.27. 388 D
64: Decision No 136 …’and ‘4.37. 393 D 825: Decision No 150 …’respectively after ‘1 94 N: Act concerning the
conditions …’:
‘12003 TN 02/02/A: 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, of 16 April 2003. ’
5. For 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, thearrangements contained in paragraph 1 of the section Unemployment Insurance of the Protocol to Annex II shall
apply until 30 April 2011.EN L 89/42 Official Journal of the European Union 28.3.2006
ANNEX III
Section A of 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:
Acts as modified by the Act 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, theRepublic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003):
A. GENERAL SYSTEM
1. 392 L 0051: Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of
professional education and training to supplement Directive 89/48/EEC (OJ L 209, 24.7.1992, p. 25).
B. LEGAL PROFESSIONS
2. 377 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).
3. 398 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 qualificationwas obtained (OJ L 77, 14.3.1998, p. 36).
C. MEDICAL ACTIVITIES
Doctors
4. 393 L 0016: Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual
recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 165, 7.7.1993, p. 1).
Nurses
5. 377 L 0452: Council Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas,
certificates and other evidence of the formal qualifications of nurses responsible for general care, including
measures to facilitate the effective exercise of this right of establishment and freedom to provide services (OJ
L 176, 15.7.1977, p. 1).
Dental practitioners
6. 378 L 0686: Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas,
certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate
the effective exercise of the right of establishment and freedom to provide services (OJ L 233, 24.8.1978, p. 1).
7. 378 L 0687: Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by
Law, Regulation or Administrative Action in respect of the activities of dental practitioners (OJ L 233, 24.8.1978,
p. 10).
Veterinary surgeons
8. 378 L 1026: Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas,
certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the
effective exercise of the right of establishment and freedom to provide services (OJ L 362, 23.12.1978, p. 1).EN 28.3.2006 Official Journal of the European Union L 89/43
Midwives
9. 380 L 0154: Council Directive 80/154/EEC of 21 January 1980 concerning the mutual recognition of diplomas,
certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective
exercise of the right of establishment and freedom to provide services (OJ L 33, 11.2.1980, p. 1).
Pharmacists
10. 385 L 0433: Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas,
certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effectiveexercise of the right of establishment relating to certain activities in the field of pharmacy (OJ L 253, 24.9.1985,
p. 37).
D. ARCHITECTURE
11. 385 L 0384: Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and
other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the
right of establishment and freedom to provide services (OJ L 223, 21.8.1985, p. 15).
E. TRADE AND DISTRIBUTION OF TOXIC PRODUCTS
12. 374 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 thetrade and distribution of toxic products (OJ L 307, 18.11.1974, p. 5).
Declaration by Switzerland concerning the recognition of diplomas in midwifery and general care
Switzerland reserves the right to recognize holders of diplomas in midwifery and general care, falling under Articles 4(b)
and 4(c) of Directive 77/452/EEC and Articles 5(a) and 5(b) of Directive 80/154/EEC on acquired rights, only afterexamination of the conformity of their qualifications with Directives 77/453/EEC and 80/155/EEC. For this purpose,Switzerland may require the completion of an aptitude test or an adaptation period.
Declaration by Switzerland on autonomous measures as of the date of signature
Switzerland will provide provisional access to its labour market for citizens of the new Member States, based on its
national legislation, before the entry into force of the transitional arrangements contained in the Protocol. For thispurpose, Switzerland will open specific quotas for short-term, as well as for long-term working permits, as defined in
Article 10(1) of the Agreement, in favour of citizens of the new Member States, as of the date of signature of the
Protocol. The quotas will be 700 long term permits and 2 500 shor-term permits per year. In addition, 5 000 short-termworkers per year will be admitted for a stay of less than 4 months.
Declaration by Poland concerning the recognition of diplomas of nurses responsible for general care and
midwives
Poland has taken note of Switzerland's declaration pertaining to the recognition of general-care nursing and midwifery
diplomas but resolutely expects Switzerland to adhere fully to Article 4(b) of Directive 77/452/EEC and Article 5(b) of
Directive 80/154/EEC according to the wording as of the day on which 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 freemovement of persons, pursuant to the enlargement of the European Union, takes effect.EN L 89/44 Official Journal of the European Union 28.3.2006