Proposal for a Council Decision on a Community Position regarding Decision No. 1/2002 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 1 June 2002 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. Article 14 of the Agreement establishes a Joint Committee which is responsible for the management and proper application of the Agreement.

Tasks of the Joint Committee

Within the Joint Committee the Contracting Parties shall exchange information and consult each other on for the purpose of the proper implementation of the Agreement. In this context, the Agreement has created several information obligations in conjunction with the possibility of any Contracting Party to request consultations for determining the implications on the application of the Agreement:

- on the initiation of a draft amendment to domestic legislation (Article 17),

- on a change in case-law of authorities against whose decision there is no judicial remedy under domestic law in a field governed by this Agreement (Article 17),

- insofar as the application of this Agreement involves concepts of Community law, the case-law of the Court of Justice of the European Communities after the date of signature shall be brought to Switzerland's attention (Article 16 (2)),

- regarding the application of the transitional provisions, Switzerland shall regularly forward any useful statistics and information including measures on the control of the priority rules and the wage and working conditions (Article 10 (6)).

For the management and proper application of the Agreement the Joint Committee may issue recommendations. It may take decisions on the following subjects:

- amendments to Annex II of the Agreement (Article 18),

- amendments to Annex III of the Agreement (Article 18),

- curtailing of the transitional period of two years on maintaining controls (Article 10 (2)),

- adoption of rules of procedure (Article 14 (5)),

- set up of working parties and groups of experts (Article 14 (6)).

Community Position on Decision 1/2002

The 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 provides in its Article 2 that the position to be taken by the Community as regards decisions of the Joint Committee shall be laid down by the Council on a proposal from the Commission.

The Council should approve the Community position on the adoption of the draft Decision 1/2002 of the EU-Swiss Joint Committee on the Free Movement of Persons, regarding the Joint Committee's Decision on Rules of Procedure and the creation of two working parties.

Article 1 of the draft Decision of the Joint Committee establishes the rules of procedure in accordance with Article 14 of the Agreement. The rules of procedure shall contain provisions on the convening of meetings, the appointment of the chairman and the chairman's term of office. The proposed rules of procedure foresee that the office of the Chairman shall be exercised alternately for each calendar year by a representative of the Swiss Confederation and the European Community. All Contracting Parties may nominate their representatives. To facilitate coordination, the European Community and its Member States shall be jointly represented. The rules of procedure contain details on organising the meetings and the relevant decision making procedures. The rules relating to languages are designed to reconcile the equal treatment among the official languages with the need to allow for flexible communication between the Contracting Parties.

Article 2 of the draft Decision of the Joint Committee establishes a working party on the coordination of social security schemes. This working party shall assist the Joint Committee in all matters relating to Annex II to the Agreement.

Article 3 of the draft Decision of the Joint Committee establishes a working party on the mutual recognition of diplomas. This working party shall assist the Joint Committee in all matters relating to Annex III to the Agreement.

Article 4 of the draft Decision of the Joint Committee sets out the general rules that are applicable to the operation of the working parties. It provides in particular for applying, where appropriate, the rules of procedure of the Joint Committee to the operation of the working parties.

The Commission services, in coordination with the Member States and the Council Secretariat-General, have developed together with the Swiss Federal Administration the draft for a decision no. 1/2002 of the EU-Swiss Joint Committee on the Free Movement of Persons. In the first meeting of the Joint Committee, which took place on 5 July 2002 in Brussels, the representatives of the Contracting Parties agreed that decision of the Joint Committee should be based on this text.

The Council is invited to adopt the attached Decision.

Proposal for a COUNCIL DECISION on a Community Position regarding Decision No. 1/2002 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the Free Movement of Persons and in particular Article 14 thereof,

Having regard to the Decision 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 (2002/309/EC, Euratom), and in particular Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the Free Movement of Persons (hereinafter referred as "The Agreement") entered into force on 1 June 2002.

(2) Article 14 of the Agreement creates a Joint Committee with responsibility for the management and the proper application of the Agreement.

(3) Article 14, Paragraph 5, requires the Joint Committee to establish its rules of procedure.

(4) Article 14, Paragraph 6, provides for the Joint Committee to set up any working party to assist it in the performance of its duties.

(5) The Agreement requires the Joint Committee to monitor the application of the Agreement and to adopt decisions to amend Annex II and Annex III.

(6) The Community should adopt its position for a decision of the Joint Committee.

HAS DECIDED AS FOLLOWS:

Sole Article

The Position of the European Community in the Joint Committee created 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 shall be based on the draft for a decision of the Joint Committee that is attached to this decision.

Done at Brussels,

For the Council

The President

ANNEX Draft Decision No. 1/2002 of the EU - Swiss Joint Committee on the Free Movement of Persons adopting the Rules of Procedure and creating two Working Parties

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 and in particular Article 14 thereof,

Whereas:

(1) The Agreement entered into force on 1 June 2002,

(2) The Joint Committee shall establish its rules of procedure,

(3) The Joint Committee may set up any working party to assist it in the performance of its duties,

(4) For the management and the proper application of Annexes II and III of the Agreement working parties should assist the Joint Committee,

Has decided as follows:

Article 1

The Rules of Procedure of the Joint Committee as attached to this Decision are hereby adopted.

Article 2

The Joint Committee shall be assisted by a "Working Party on the Coordination of the Social Security Schemes". This working party shall be responsible for subject matters relating to Annex II of the Agreement.

Article 3

The Joint Committee shall be assisted by a "Working Party on the Mutual Recognition of Diplomas". This working party shall be responsible for subject matters relating to Annex III of the Agreement.

Article 4

The working parties created by Articles 2 and 3 shall prepare the decisions and recommendations to be adopted by the Joint Committee.

The working parties shall ensure the exchange of information between the Contracting Parties of the Agreement on new policy initiatives, legislation and changes in judicial decisions relevant for the proper implementation of the Agreement.

The working parties shall assist in the consultations that are required under the Agreement.

They shall carry out any other task delegated to them by the Joint Committee.

The working parties shall report to the Joint Committee.

The Rules of Procedure of the Joint Committee shall apply, where appropriate, to the work of the working parties.

Done at Brussels,

For the Council

The Chairman

The Secretaries

Rules of Procedure for the EU - Swiss Joint Committee on the Free Movement of Persons

Article 1

Denomination of the Joint Committee

The Joint Committee shall be referred to as the EU - Swiss Joint Committee on the Free Movement of Persons.

Article 2

Composition

The Joint Committee shall be composed for the European Community and its Member States, on the one side, of representatives of the Commission of the European Communities (hereinafter referred to as Commission) and of the governments of the Member States of the European Union, and for the Swiss Confederation, on the other side, of representatives of the Swiss Federal Government and Cantonal Governments.

Article 3

Chairman

The office of Chairman of the Joint Committee shall be held alternately for a period of one calendar year by a representative of the European Community and by a representative of the Swiss Confederation. In the year the agreement enters into force, the Swiss Confederation shall hold this office.

The Chairman directs the work of the Joint Committee.

Article 4

Secretariat

An official of the Commission and an official of the Swiss Federal Government shall act jointly as Secretaries of the Joint Committee. The officials shall be determined by their respective representatives and shall hold the office until a new official has been appointed.

The Secretaries are responsible for communication between the delegations including the transmission of documents and shall supervise the secretarial functions.

The secretarial functions fall within the responsibility of the Party that holds the office of Chairman.

Article 5

Meetings of the Joint Committee

The Joint Committee shall meet as and when necessary and at least once a year.

The Chairman shall convene, after consultation with the other side, the meeting of the Joint Committee at a mutually agreed time and place. In agreement with the other side, telephone and video conferences may also be used.

The invitations for the meeting shall be sent out no later than 15 days before the meeting. In urgent cases, invitations for the meeting may be sent out at shorter notice.

Either Contracting Party may request the Chairman to convene a meeting within a month unless otherwise agreed with the requesting Party.

In the event of serious economic and social difficulties (Article 14 (2) and (4) of the Agreement) the Chairman shall convene a meeting within 15 days of such a request.

The official languages of the European Community and the official languages of the Swiss Confederation are official languages of the Joint Committee.

Before the meeting of the Joint Committee, each side shall inform the other about the intended composition of their delegation.

The meetings shall not be public unless otherwise agreed by both sides.

Article 6

Agenda

The Chairman, assisted by the Secretaries, shall draw up the provisional agenda for each meeting. The Chairman shall transmit the provisional agenda at the latest 15 days prior to the meeting.

Each Party can request the inclusion of an agenda item prior to the adoption of the agenda.

The agenda shall be adopted by the Joint Committee at the beginning of each meeting.

Article 7

Observers and Invited Experts

Representatives of the Secretariat of the Council of the European Union may participate as observers to the meeting.

The Chairman may invite, if the other side does not object, experts, representatives of governments or other persons who are not members of the delegations to observe a meeting or to advise the meeting on specific subjects.

Article 8

Minutes

Minutes for each meeting of the Joint Committee shall be drawn up under the responsibility of the Chairman. The minutes shall indicate in respect of each agenda item the decisions taken, the agreed statements or the conclusions of the Joint Committee.

The Chairman in office at the time of the meeting shall provide for draft minutes. They shall be communicated to the other side within 15 days after the meeting.

The draft minutes shall be submitted to the Joint Committee for approval. They may be approved by written procedure.

The approved minutes shall be signed by the Chairman and the Secretaries in office at the time of approval. They shall be distributed to each of the Contracting Parties.

Article 9

Decisions and Recommendations

The Joint Committee shall take decisions and make recommendations by mutual agreement between the two sides in accordance with the provisions set out in the Agreement.

Decisions and Recommendations adopted by the Joint Committee shall be signed by the Chairman and the Secretaries.

For determining mutual agreement at the meeting, both sides shall state if they agree, disagree, require amendments, or if further time for consideration is required. If both sides agree to the draft the Chairman shall record the fact in the Minutes and shall issue the Decision or Recommendation of the Joint Committee.

The Joint Committee may take decisions or adopt recommendations by correspondence (written procedure). In the written procedure both sides shall state with regard to a draft Decision or a draft Recommendation if they agree, disagree, require amendments or if further time for consideration is required. If both sides agree the Chairman shall issue the Decision or Recommendation of the Joint Committee.

Decisions and recommendations of the Joint Committee shall be entitled "Decision" or "Recommendation" followed by a serial number, the date of its adoption and by a reference to the subject. Decisions shall be divided into Articles.

Recommendations and Decisions of the Joint Committee shall be adopted in the languages of the Agreement, which are equally authentic.

Each Party shall, if appropriate, publish in its official journal the recommendations and those decisions of the Joint Committee amending Annexes II and III or Article 10 of the Agreement.

Article 10

Working Parties

The Joint Committee may set up any working party or group of experts. The Joint Committee shall specify the scope of their activities.

The working party or group of experts shall apply, where appropriate, the rules of procedure for the Joint Committee.

The working party or group of experts shall report to the Joint Committee.

Article 11

Expenses

Each Contracting Party shall cover all expenses it incurs in hosting or taking part in meetings and the work of the Joint Committee, the working parties and groups of experts.

Article 12

Communication

Coordination and communication between both sides of the Joint Committee shall be organised between the representatives of the Commission and of the Swiss Federal Government.

Correspondence to the Swiss Confederation shall be sent to the Secretary, with a copy to the Swiss mission to the European Union, and, if appropriate, to another designated representative.

Correspondence to the European Community or the Commission shall be sent to the Secretary and, if appropriate, to another designated representative.

Correspondence to the Members States shall be sent to the relevant Permanent Representation to the European Union.

Article 13

Confidentiality

The deliberations at the meetings and the documents of the Joint Committee shall be confidential, subject to the legal obligations of the Contracting Parties regarding the publication of decisions and recommendations and the access to documents. If no Contracting Party objects, the Chairman may decide to lift the confidentiality.

The Contracting Parties may organise public briefings or otherwise inform members of the public of the results of the Joint Committee meetings.