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
Date: 2002-08-27
Institutions: European Commission
Subjects: Switzerland, agreement (EU), joint committee (EU), recognition of diplomas, rules of procedure, social security

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.08.2002
COM(2002) 476 final

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.

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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.

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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) 

(2) 

(3) 

(4) 

(5) 

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.

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

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

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

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.

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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

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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)

(2)

(3)

(4)

The Agreement entered into force on 1 June 2002,

The Joint Committee shall establish its rules of procedure,

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

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.

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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

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

DENOMINATION OF THE JOINT COMMITTEE

Article 1

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

COMPOSITION

Article 2

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.

CHAIRMAN

Article 3

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.

MEETINGS OF THE JOINT COMMITTEE

Article 5

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

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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.

AGENDA

Article 6

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.

OBSERVERS AND INVITED EXPERTS

Article 7

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.

MINUTES

Article 8

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.

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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.

DECISIONS AND RECOMMENDATIONS

Article 9

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.

WORKING PARTIES

Article 10

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.

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EXPENSES

Article 11

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.

COMMUNICATION

Article 12

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.

CONFIDENTIALITY

Article 13

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.

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