Proposal for a Council Decision on the conclusion, 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
Date: 2004-09-16
Institutions: European Commission
Subjects: Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Switzerland, accession to an agreement, accession to the European Union, acquisition of property, agricultural real estate, free movement of persons, free movement of workers, protocol to an agreement, ratification of an agreement, secondary residence

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 01.12.2004 
COM(2004)596 final/2 

2004/0201(AVC) 

CORRIGENDUM 
A la demande du SJ du Conseil 
changement réf.interinstitutionelle 
COM(2004)596 final-2004/0201(CNS) 
du 16.09.2004. 
Concerne page couverture+1ère page du 2ème acte 
(toutes les langues) 

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 

Proposal for a 

COUNCIL DECISION 

on the conclusion, 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) 

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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. 

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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 Commission1, 

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, 

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OJ C , , p. . 

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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 

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2004/0201(AVC) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, 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 Articles 
310, in conjunction with the second sentence of Article 300(2) and the first sub-paragraph of 
Article 300(3) 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 Commission2, 

Having regard to the assent of the European Parliament3 

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 
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OJ C , , p. . 
EP opinion 

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(2) 

According  to  Council  Decision  …./…./CE  of  ……2004,  and  pending  its  final 
conclusion  at  a  later  date,  this  Protocol  has  been  signed  on  behalf  of  the  European 
Community on ….2004. 

(3) 

The Protocol should be concluded, 

HAS DECIDED AS FOLLOWS:  

Article 1 

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,  is  hereby 
approved on behalf of the European Community and its Member States. 

The text of the Protocol is attached to this Decision. 

Article 2 

The  President  of  the  Council  shall,  on  behalf  of  the  Community  and  its  Member  States, 
transmit the notification of approval in the terms provided for in Article 6 of the Protocol. 

Done at Brussels,  

For the Council 
The President 

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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  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 and the United Kingdom of Great Britain 
and Northern Ireland, 

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, 

and 

the 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  Republic  of  Slovenia  and  the 

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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 above Agreement; 

HAVE AGREED AS FOLLOWS: 

Article 1 

1. 

2. 

The new Member States hereby become Contracting Parties to the Agreement. 

From the entry into force of this Protocol, the provisions of the Agreement shall be 
binding  on  the  other  Member  States  as  on  the  present  Contracting  Parties  of  the 
Agreement under the terms and conditions laid down in this Protocol. 

Article 2 

In  the  main  body  of  the  Agreement  and  in  Annex  I  to  the  Agreement  the  following 
adaptations shall be made: 

a) 

The  list  of  Contracting  Parties  of  the  Agreement  shall  be  replaced  with  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, 

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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, 

of the one part, 

and 

the Swiss Confederation, 

of the other part,’. 

b) In Article 10 of the Agreement, the following paragraphs 1a, 2a, 3a, 4a, 4b and 5a are to be 
added at the end of the corresponding paragraphs 1, 2, 3, 4 and 5 respectively: 

1a.  Switzerland  may  maintain  until  31  May  2007  quantitative  limits  in  respect  of  access  by 
workers  employed  in  Switzerland  and  for  self-employed  persons  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 for the following two  categories of  residence:  residence  for  a  period  of  more  than 
four  months  and  less  than  one  year  and  residence  for  a  period  equal  to,  or  exceeding,  one 
year. There shall be no quantitative restriction on residence for less than four months.  

Before  the  end  of  the  period  mentioned  above,  the  Joint  Committee  shall  review  the 
functioning of the transitional period applied to nationals of new Member States on the basis 
of a report from Switzerland. Upon completion of the review, and no later than at the end of 
the  period  mentioned  above,  Switzerland  shall  notify  the  Joint  Committee  whether  it  will 
continue  applying  quantitative  limits  to  workers  employed  in  Switzerland.  Switzerland  may 

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continue to apply such measures until 31 May 2009. In the absence of such notification, the 
transitional period will expire on 31 May 2007. 

At  the  end  of  the  transitional  period  defined  in  this  paragraph,  all  quantitative  limits 
applicable to 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  shall  be  abolished.  These  Member  States  are  entitled  to 
introduce the same quantitative limitations for Swiss 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,  the  Republic  of 
Slovenia and the Slovak Republic, may maintain, until 31 May 2007, for workers of the other 
Contracting  Party  employed  in  their  own  territory  the  controls  on  the  priority  of  workers 
integrated  into  the  regular  labour  market  and  wage  and  working  conditions  applicable  to 
nationals  of  the  other  Contracting  Party.  The  same  controls  may  be  maintained  for  persons 
providing services in the following four sectors: Horticultural service activities; Construction, 
including related branches; Security activities; Industrial cleaning (NACE4 codes 01.41; 45.1 
to  4;  74.60;  74.70  respectively),  referred  to  in  Article  5.1  of  the  Agreement.  Switzerland, 
shall,  during  the  transitional  periods  mentioned  in  paragraphs  1a,  2a,  3a  and  4a,  give 
preference  to  workers  who  are  nationals  of  the  new  Member  States  over  workers  who  are 
nationals  of  non-EU  and  non-EFTA  countries  as  regards  access  to  its  labour  market.  The 
controls on the priority of workers integrated into the regular labour market shall not apply to 
providers  of  services  liberalised  by  a  specific  agreement  between  the  Contracting  Parties 
concerning  the  provision  of  services  (including  the  Agreement  on  certain  aspects  of 
government procurement in so far as it covers the provision of services). For the same period, 
qualification requirements may be maintained for residence permits of less than four months5 
and  to  persons  providing  services  in  the  four  sectors  mentioned  above,  referred  to  in 
Article 5.1 of the Agreement. 

Before  31  May  2007,  the  Joint  Committee  shall  review  the  functioning  of  the  transitional 
measures  contained  in  this  paragraph  on  the  basis  of  a  report  prepared  by  any  of  the 
Contracting  Parties  implementing  them.  Upon  completion  of  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 the Joint Committee of its intention to continue 
applying such transitional measures, may continue to do so until 31 May 2009. In the absence 
of such notification, the transitional period will expire 31 May 2007. 

At the end of the transitional period defined in this paragraph, all restrictions referred to above 
in this paragraph shall be abolished. 

3a.  Upon  entry  into  force  of  this  Protocol  and  until  the  end  of  the  period  described  in 
paragraph  1a,  Switzerland  shall  reserve  on  an  yearly  basis  (pro  rata  temporis),  within  its 
overall quota for third countries, for workers employed in Switzerland and for self-employed 
persons  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 

4 

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NACE:  Council  Regulation  (EEC)  3037/90  of  9  October  1990  on  the  statistical  classification  of 
economic  activities  in  the  European  Community  (OJ  L  293,  24.10.1990,  p.1),  as  last  amended  by 
Commission Regulation (EC) 29/2002 of 19 December 2001 (OJ L 6, 10.1.2002, p.3). 
Workers  may  apply  for  short  term  residence  permits  under  the  quotas  mentioned  in  subparagraph  3a 
even for a period of less than four months. 

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Republic of Slovenia and the Slovak Republic a minimum number of new residence permits6 
according to the following schedule: 

Until 

Number of permits for a period equal 
or exceeding one year 

Number of permits for a period 
of more than four months and 
less than one year 

31 May 2005 

31 May 2006 

31 May 2007 

31 May 2008 

31 May 2009 

900 

1300 

1700 

2200 

2600 

9000 

12400 

15800 

19200 

22600 

4a. At the end of the period described in paragraph 1a and in this paragraph and up to 12 years 
after  entry  into  force  of  the  Agreement,  the  provisions  of  paragraph  4  of  Article  10  of  the 
Agreement shall apply. 

In case of serious disturbances of its labour market or threat thereof, Switzerland and any of 
the  new  Member  States  who  has  implemented  transitional  measures,  shall  notify  such 
circumstances to the Joint Committee by 31 May 2009. In this case, the notifying country may 
continue  to  apply  to  workers  employed  on  its  own  territory,  the  measures  described  in 
paragraphs 1a, 2a and 3a until 30 April 2011. In such a case, the annual number of residence 
permits referred to in paragraph 1a shall be: 

Until 

Number of permits for a 
period equal or exceeding 
one year 

Number of permits for a period of more than 
four months and less than one year 

31 May 2010 

30 April 2011 

2800 

3000 

26000 

29000 

4b.  When  Malta  undergoes  or  foresees  disturbances  on  its  labour  market  which  could 
seriously  threaten  the  standard  of  living  or  level  of  employment  in  a  given  region  or 
occupation,  and  decides  to  invoke  the  provisions  contained  in  Section  2  “Freedom  of 
Movement for Persons” of Annex XI of the Accession Treaty, the restrictive measures taken 
by Malta towards the rest of EU Member States could also be applied to Switzerland. In such 
a case, Switzerland is entitled to take equivalent reciprocal measures towards Malta. 

Malta and Switzerland may resort to this procedure until 30 April 2011. 

6 

These permits will be granted in addition to the quota mentioned in Article 10 of the Agreement which 
are  reserved  for  employed  and  self-employed  persons  who  are  nationals  of  the  Member  States  at  the 
time  of  signature  of  the  Agreement  (June  21,  1999)  and  nationals  of  the  Republic  of  Cyprus  and  the 
Republic  of  Malta.  These  permits  are  also  in  addition  to  permits  granted  through  existing  bilateral 
trainee exchange agreements. 

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5a. The transitional provisions of paragraphs 1a, 2a, 3a, 4a and 4b, and in particular those of 
paragraph 2a concerning the priority of workers integrated into the regular labour market and 
controls  on  wage  and  working  conditions,  shall  not  apply  to  employed  and  self-employed 
persons  who,  at  the  time  of  this  Protocol’s  entry  into  force,  are  authorised  to  pursue  an 
economic activity on the territory of the Contracting Parties. Such persons shall in particular 
enjoy occupational and geographical 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 invoked against them. The 
holders  of  residence  permits  valid  for  a  period  equal  to,  or  exceeding,  one  year  shall 
automatically  be  entitled  to  have  their  permits  extended.  Such  employed  and  self-employed 
persons shall therefore enjoy the rights to free movement accorded to established persons in 
the basic provisions of this Agreement, and in particular Article 7 thereof, from its entry into 
force. 

c)  in  Article  27  (2)  of  Annex  I  of  the  Agreement  the  reference  to  Article  10(2)  shall  be 
replaced by Article 10(2, 2a, 4a and 4b). 

By derogation to Article 25 of Annex I of the Agreement, the transitional periods of Annex I 
of this Protocol shall apply. 

Article 3 

This Protocol shall form an integral part of the Agreement. 

Article 4 

Article 5 

Annexes I, II and III of the Agreement are modified according to the Annexes I, II and III of 
this Protocol that shall form an integral part of the present Protocol. 

Article 6 

1. 

2. 

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. 

The  Council  of  the  European  Union  and  the  Swiss  Confederation  shall  notify  each 
other of the accomplishment of these procedures. 

This  Protocol  shall  enter  into  force  on  the  first  day  of  the  first  month  following  the  date  of 
deposit of the last instrument of approval. 

Article 7 

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The present Protocol  shall  remain in  force  for the same duration and according to the same 
modalities than the Agreement. 

Article 8 

Article 9 

The  Agreement,  as  well  as  the  Declarations  annexed  to  it,  are  drawn  up  in  the  Czech, 
Estonian, Hungarian, Latvian, Lithuanian, Polish, Slovak and Slovenian languages. 

They  are  annexed  to  this  Protocol  and  are  equally  authentic  with  the  texts  in  the  other 
languages in which the Agreement, as well as the Declarations annexed to it are drawn up. 

This  Protocol  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English,  Estonian, 
Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, 
Slovenian,  Slovak,  Spanish  and  Swedish  languages,  each  of  those  texts  being  equally 
authentic. 

Done at … on the day … of ….in the year two thousand and four. 

For the Council of the European Union,  

For the Swiss Confederation 

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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 Swiss nationals 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  the  transfer  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 another provision of this Article, a Swiss national may 
in no instance be treated less favourably in respect of the acquisition of 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  the  preceding 
subparagraph 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 indicated in the first subparagraph. 

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 of the Czech Republic, shall decide upon 
the extension of the transitional period for up to a maximum of three years. 

2. 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. 

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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  authorized  the  District 
Officers  to  grand  approval  on  its  behalf.  When  the  real  estate  concerned  exceeds  2  donums 
(1 donum = 1338 m2), 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, N. 54(I)/2003”, which will be in force by the 1st of May 2004. The new Law 
imposes no restrictions on EU nationals and EU registered  companies for the acquisition of 
real estate linked 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  not 
having their registered office, central administration or principal place of business in Cyprus, 
cannot  acquire  real  estate  for  the  purpose  of  using  it  as  secondary  residence,  without  prior 
authorization  by  the  Council  of  Ministers,  which  has  delegated  its  authority  to  the  District 
Officers, as mentioned above. 

3. 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 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.  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 the provisions of the preceding paragraph 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 
the first paragraph. 

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. 

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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 being neither established 
nor registered nor having a local branch or agency in Latvia. In no instance may a national of 
Switzerland  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 the paragraph 1.  

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, shall decide 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 by companies 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  more  restrictive  way  than  a  national  of  a  third  country.  According  to  this 
legislation, Swiss nationals and legal persons, as well 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 the preceding paragraph or 
to any procedures other than those to which nationals of Lithuania 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  shall  submit  a  report  to  the 
Joint  Committee.  The  Joint  Committee  may  decide  to  shorten  or  terminate  the  transitional 
period indicated in the first paragraph. 

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. 

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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  (55  /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  the  preceding  subparagraph  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 residences based on objective, stable, transparent and public criteria. These criteria 
shall  be  applied  in  a  non-discriminatory  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  (55/1994)  on  Agricultural  Land  as  amended  on  the 
acquisition of agricultural land by natural persons who are non-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  the  preceding  subparagraph  or  to  any  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  to  shorten  or  terminate  the  transitional 
period indicated in point 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 citizen of Switzerland 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. Such purchases do not require the person to have a 
right of residence in Malta although they are subject to a permit which (with a limited number 
of  exceptions  specified  in  the  legislation)  cannot  be  withheld  if  the  value  of  the  property  is 
higher than an amount determined annually by an index (currently Lm30,000 for an apartment 
and Lm50,000 for a house). 

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(2)  A  Swiss  citizen  may  also  set  up  his  or  her  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) Citizens of Switzerland 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.  

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 of Real 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  the 
preceding  subparagraph  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 the date of signature of this 
Protocol.  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  of  Real  Estate  by 
Foreigners (Dz.U. 1996, Nr 54, poz. 245 with amendments), as amended. 

Pomorskie, 

Zachodniopomorskie, 

Kujawsko-Pomorskie, 

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 the preceding subparagraph 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  Warmin´  sko- 
Mazurskie, 
Lubuskie, 
Dolnos´la²skie,  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 land not as natural but as legal persons can transfer the rights of the 
legal person under the lease agreement to themselves as 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-employed  farmers  to  transform  their  current  lease  contracts  into 
contracts as natural persons or into written contracts with a certified date. The procedure to 
transform  lease  contracts  shall  be  transparent  and  shall  under  no  circumstances  form  a  new 
obstacle. 

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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  to  shorten  or  terminate  the  transitional 
period indicated in subparagraph 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  and  public  criteria.  These  criteria  shall  be 
applied in a non-discriminatory manner. 

9. 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 regulation laid 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 the preceding paragraph or to any 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 paragraph 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  criteria  shall  be  applied  in  a  non-discriminatory 
manner and shall not differentiate between nationals of Slovakia and of Switzerland. 

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. 

10. 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 serious deterioration in real estate market of a given area, 
Slovenia  may  apply  for  authorization  to  take  protective  measures  in  order  to  rectify  the 
situation in the real estate market. 

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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 parties concerned. 

d) The measures authorized under paragraph 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 paragraph a). 

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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 adopted on 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. 

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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. 

Hungary – Switzerland 

None. 

Malta – Switzerland 

No convention. 

Poland – Switzerland 

No convention. 

Slovenia – Switzerland 

None. 

Slovakia – Switzerland 

None.' 

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(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 adopted on 16 
April 2003.' 

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 adopted on 16 
April 2003.' 

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,  the  arrangements 
contained in paragraph 1 of the section Unemployment Insurance of the Protocol to 
Annex II shall apply until 30 April 2011. 

4. 

5. 

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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  accession  act  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 (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. 

3. 

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). 

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 qualification was 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 

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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). 

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 effective exercise 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 the trade and distribution 
of toxic products (OJ L 307, 18.11.1974, p. 5). 

EN 

25 

   EN 

 
Declaration  of  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  4b  and  4c  of  the  directive  77/452/EEC7  and  articles  5a  and  5b  of  the 
directive  80/154/EEC8  on  acquired  rights,  only  after  examination  of  the  conformity  of  their 
qualifications  with  the  directives  77/453/EEC9  and  80/155/EEC10.  For  this  purpose, 
Switzerland may require the completion of an aptitude test or an adaptation period. 

Declaration of 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  this  purpose,  Switzerland  will  open  specific 
quotas  for  short-term,  as  well  as  for  long-term  working  permits,  as  defined  in  Article  10 
paragraph 1 of the main 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  2500  short 
term  permits  per  year.  In  addition,  5000  short  term  workers  per  year  will  be  admitted  for  a 
stay of less than 4 months.  

7 

8 

9 

10 

EN 

Completed by the 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,  OJ  L  236  of 
23.09.2003. 
Completed by the 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,  OJ  L  236  of 
23.09.2003. 
OJ  L  176  of  15.07.1977,  completed  by  the  directives  89/595/EEC  (OJ  L  341  of  23.11.1989)  and 
2001/19/EC (OJ L 206 of 31.07.2001). 
OJ  L  33  of  11.02.1980,  completed  by  the  directives  89/594/EEC  (OJ  L  341  of  23.11.1989)  and 
2001/19/EC (OJ L 206 of 31.07.2001). 

26 

   EN 

 
                                                 
1. 

2. 

3. 

4. 

5. 

5.0 

FINANCIAL STATEMENT 

DATE:  
APPROPRIATIONS: 

BUDGET HEADING: 
n.a. 
TITLE: 
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 
LEGAL BASIS:  
Articles 133 and 308, in conjunction with the second sentence of Article 300(2) and the first 
subparagraph of Article 300(3) of the EC Treaty 
Article 2(3) of the Treaty of Adhesion and Article 6(2) of the Act of Accession 

AIMS: 

FINANCIAL IMPLICATIONS 

None 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

5.1  REVENUE 

OWN RESOURCES OF THE EC  

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

12 MONTH 
PERIOD 

(EUR million) 

CURRENT 
FINANCIAL 
YEAR 
[n] 
(EUR million) 

FOLLOWING 
FINANCIAL 
YEAR 
[n+1] 
(EUR million) 

None 

None 

None 

None 

None 

None 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 

YES  

 NO 
 NO 
 NO 

EN 

27 

   EN