Proposal for a Council Decision on the approval of an exchange of letters between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, authenticating the Maltese-language version of the Protocol of 26 October 2004 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: 2006-06-26
Institutions: European Commission
Subjects: EU Member State, Malta, Switzerland, accession to the European Union, agreement (EU), free movement of persons, official language, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.6.2006 
COM(2006) 341 final 

2006/0105 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the approval of an exchange of letters between the European Community and its 
Member States, of the one part, and the Swiss Confederation, of the other, 
authenticating the Maltese-language version of the Protocol of 26 October 2004 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  ten  new  Member  States  joined  the  European  Union  on  1  May  2004.  Concerning  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  (hereinafter  the 
Agreement), the Act of Accession specifies that it does not apply to the new Member States. 
Instead, the new Member States have to accede to the Agreement, in accordance with Article 
6 (2) of the Act of Accession, through the conclusion of a separate Enlargement Protocol with 
Switzerland.1 Negotiations began in 2003 and a draft Enlargement Protocol was initialled by 
the negotiators on 2 July 2004.  

The Enlargement Protocol is a mixed international agreement with the European Community 
and  all  its  Member  States  as  Contracting  Parties.  Therefore,  it  has  to  be  drawn  up  and 
authenticated  in  all  official  languages  of  the  European  Union,  as  set  out  in  Regulation  No 
1/1958 of 15 April 1958.2 The temporary exception regarding the Maltese language provided 
for  in  Regulation  (EC)  No  930/2004  of  1  May  2004  does  not  apply  to  the  Enlargement 
Protocol.3 

As it appeared that the Maltese-language version of the Enlargement Protocol would not be 
available  for the  scheduled  date  of signature on 26 October 2004,  the negotiators suggested 
that  the  Contracting  Parties  should  proceed  with  the  signature  of  the  Enlargement  Protocol 
and authenticate the Maltese-language version at a later stage following the entry into force of 
the Protocol. Accordingly, Article 9(2) of the Enlargement Protocol requires the Contracting 
Parties  to  authenticate  the  Maltese-language  version  on  the  basis  of  an  exchange  of  letters. 
The Enlargement Protocol  entered  into force on 1 April  2006. Agreement on the content of 
the  proposed  exchange  of  letters  has  been  reached  between  the  services  of  the  Commission 
and the Swiss Federal Government, subject to legal verification.  

With regard to the European Community, the exchange of letters authenticating the Maltese-
language version constitutes an international agreement modifying the Enlargement Protocol. 
As  this  Protocol  was  concluded  on  the  basis  of  Articles  310  and  300  of  the  EC  Treaty,  the 
exchange of letters has to follow the same procedure. Council Decision No 2006/245/EC of 
27 February 2006 approving the conclusion of the Enlargement Protocol does not provide for 
a simplified procedure for the exchange of letters.4 Accordingly, the assent of the European 
Parliament is necessary, as the exchange of letters amends the Enlargement Protocol, which is 
based  on  Article  310  of  the  EC  Treaty.  With  regard  to  ratification  by  the  Member  States, 
however, the simplified procedure provided for in Article 6(2) of the Act of Accession can be 
used. 

1 
2 
3 
4 

OJ L 236, 23.9.2003, p. 33. 
OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by the 2003 Act of Accession. 
OJ L 169, 1.5.2004, p. 1. 
OJ L 89, 28.3.2006, p. 28. 

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2006/0105 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the approval of an exchange of letters between the European Community and its 
Member States, of the one part, and the Swiss Confederation, of the other, 
authenticating the Maltese-language version of the Protocol of 26 October 2004 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  Article  300,  paragraph  2,  first  subparagraph,  and  Article  300 
paragraph 3, second subparagraph, thereof, 

Having  regard  to  the  Treaty  of  Accession  of  16  April  2003,  and  in  particular  Article  1(2) 
thereof, 

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

Having regard to the proposal from the Commission5, 

Having regard to the assent of the European Parliament6, 

Whereas: 

(1) 

(2) 

The Protocol of 26 October 2004 to the Agreement on the free movement of persons 
entered into force on 1 April 2006.7 

Article 9, paragraph 2 of the Protocol of 26 October 2004 provides for the Contracting 
Parties to authenticate the Maltese-language version of the Protocol on the basis of an 
exchange of letters. 

5 
6 
7 

OJ C , , p. . 
OJ C , , p. . 
OJ L 89, 28.3.2006, p. 30. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The exchange of letters between the European Community and its Member States, of the one 
part, and the Swiss Confederation, of the other, authenticating the Maltese-language version 
of the Protocol of 26 October 2004 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 exchange of letters is attached to this Decision. 

Article 2 

The President of the Council is hereby authorised to designate the persons(s) empowered to 
sign the exchange of letters on behalf of the European Community and its Member States. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS 

between  the  European  Community  and  its  Member  States,  of  the  one  part,  and  the  Swiss 
Confederation, of the other, authenticating the Maltese-language version of the Protocol of 26 
October 2004 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 

A. 

Letter from the European Community and its Member States 

Brussels, [date] 

Excellency, 

The Protocol of 26 October 2004 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, (hereinafter referred to as the Protocol) entered into force on 1 April 2006. 

Article 9(2) of the Protocol provides for the Contracting Parties to authenticate the Maltese-
language version of the Protocol on the basis of an exchange of letters. 

On behalf of the European Community and its Member States, 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,  I 
propose  to  the  Swiss  Confederation  that  the  enclosed  text  be  accepted  as  the  authentic 
Maltese-language version of the Protocol.  

I  should  be  grateful  if  you  would  confirm  the  agreement  of  the  Swiss  Confederation  to  the 
foregoing. 

Please accept, Sir, the assurance of my highest consideration. 

For the Council of the European Union 

The President 

H.E. Bernhard MARFURT 
Head of the Swiss Mission to the European Union 
Place du Luxembourg 1 
1050 Brussels 

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B. 

Letter from the Swiss Confederation 

Brussels, [date] 

Excellency, 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today’s  date  with  the  following 
content: 

[…] 

I can confirm the agreement of the Swiss Confederation to the foregoing. 

Please accept, Sir, the assurance of my highest consideration. 

For the Swiss Confederation 

The Ambassador 

[…] 
President 
Council of the European Union 
1048 Brussels 

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