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 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, as drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian languages
Date: 2006-07-10
Institutions: European Commission
Subjects: EU Member State, Switzerland, accession to the European Union, agreement (EU), free movement of persons, official language

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.7.2006 
COM(2006) 370 final 

2006/0121 (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 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, as drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, 
Maltese, Polish, Slovak and Slovenian languages 

(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  Agreement  is  a  mixed  international  agreement  with  the  European  Community  and  its 
Member States as Contracting Parties. Article 9(3) of the Enlargement Protocol specifies that 
the  new  language  versions  of  the  Agreement  will  be  equally  authentic.  This  provision  is  in 
line with Regulation No 1/1958 of 15 April 1958 determining the languages to be used in the 
European Community.2 The temporary exception regarding the Maltese language as provided 
for in Regulation (EC) No 930/2004 of 1 May 2004 does not apply to the Agreement.3 

As it appeared that the new language versions of the Agreement would not be available for 
the  scheduled  date  of  signature  of  the  Enlargement  Protocol  on  26  October  2004,  the 
negotiators  suggested  that  the  Contracting  Parties  should  proceed  with  the  signature  and 
authenticate the new language versions of the Agreement at a later stage following the entry 
into force of the Enlargement Protocol. Accordingly, Article 9(3) of the Enlargement Protocol 
requires  the  Contracting  Parties  to  authenticate  the  Agreement,  as  well  as  the  Declarations 
annexed  thereto,  as  drawn  up  in  the  Czech,  Estonian,  Hungarian,  Latvian,  Lithuanian, 
Maltese, Polish, Slovak and Slovenian languages 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  new 
language  versions  constitutes  an  international  agreement  modifying  the  Agreement.  As  this 
Agreement  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 conclusion of the exchange of letters.4 Accordingly, the assent 
of  the  European  Parliament  is  necessary,  as  the  exchange  of  letters  amends  the  Agreement, 
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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2006/0121 (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 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, as drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, 
Maltese, Polish, Slovak and Slovenian languages 

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 3 of the Protocol of 26 October 2004 provides for the Contracting 
Parties to authenticate the Agreement on the free movement of persons, as well as the 
Declarations annexed thereto, as drawn up in the Czech, Estonian, Hungarian, Latvian, 
Lithuanian,  Maltese,  Polish,  Slovak  and  Slovenian  languages  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  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, as drawn up in the Czech, Estonian, Hungarian, 
Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian languages, 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 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,  as  drawn  up  in  the  Czech,  Estonian,  Hungarian,  Latvian,  Lithuanian, 
Maltese, Polish, Slovak and Slovenian languages 

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 paragraph 3 of the Protocol provides for the Contracting Parties to authenticate the 
Agreement, as well as the Declarations annexed thereto, as drawn up in the Czech, Estonian, 
Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian languages 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 texts be accepted as the authentic Czech, 
Estonian,  Hungarian,  Latvian,  Lithuanian,  Maltese,  Polish,  Slovak  and  Slovenian  language 
versions of the Agreement, including the Final Act, with the exception of Annex II and Annex 
III.  These  two  Annexes  to  the  Agreement  shall  be  adopted  in  all  authentic  languages  by 
decision of the Joint Committee. 

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 

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

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 of the 
Council of the European Union 
1048 Brussels 

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