Proposal for a COUNCIL DECISION on the signature, 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

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 entered into force on 1 June 2002.

The Agreement needs to be amended to allow for the accession of the new Member States as Contracting Parties.

Following the authorization given to the Commission on 5 May 2003, negotiations on a Protocol were held with the Swiss Confederation for the adaptation of the Agreement. The main points of negotiations have been concluded on 19th May 2004, on the occasion of the EU-Swiss Summit.

The Protocol amending the Agreement foresees special transition periods for employed workers, and service providers in certain sectors, 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. These transition periods will end on 30 April 2011, at the latest.

The Protocol furthermore introduces adaptations concerning real state acquisitions, as well as technical adaptations, in particular with respect to Annexes II (Coordination of Social Security Schemes) and III (Mutual Recognition of Professional Qualifications) of the Agreement.

Regarding the Community as Party to the Protocol, legal bases for the proposed Council decisions are the same as those used for the original Agreement.

Concerning the ratification by Member States, the Commission, according to Article 6(2) of the Act of Accession, is to submit a draft of the Protocol for signature and conclusion to the Council.

The Council is invited to approve the attached proposal for Decisions on the signature and the conclusion 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.

Proposal for a COUNCIL DECISION on the signature, 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 310, in conjunction with the second sentence of Article 300(2) thereof,

Having regard to the Treaty of Accession of 16 April 2003, and in particular Article 2(3) thereof,

Having regard to the Act of Accession annexed to the Treaty of Accession and in particular Article 6(2) thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C , , p. .

Whereas:

(1) Following the authorization given to the Commission on 5 May 2003, negotiations with the Swiss Confederation for a 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 have been concluded.

(2) Pursuant to Article 6(2) of the Act of Accession, a draft of the Protocol has been submitted by the Commission to the Council.

(3) It is desirable to sign the agreement that was initialled on ......2004,

HAS DECIDED AS FOLLOWS:

Article 1

The President of the Council is hereby authorized to designate the person empowered to sign on behalf of the European Community and its Member States, the Protocol to the Agreement on 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.

The text of the Protocol is attached to this Decision.

Done at Brussels,

For the Council

The President