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 Republic of Bulgaria and Romania, pursuant to their accession to the European Union
Date: 2008-04-22
Institutions: European Commission
Subjects: Bulgaria, EU Member State, Romania, Switzerland, accession to the European Union, free movement of persons, protocol to an agreement, ratification of an agreement, transitional period (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.4.2008 
COM(2008) 209 final 

2008/0080(AVC) 

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 Republic of Bulgaria and 
Romania 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 Republic of Bulgaria 
and Romania, 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 Bulgaria and Romania as 
Contracting Parties. 

Following  the  authorization  given  to  the  Commission  on  5  May  2006,  negotiations  on  a 
Protocol  were  held  with  the  Swiss  Confederation  for  the  adaptation  of  the  Agreement.  The 
negotiations  were  concluded  on  29  January  2008,  and  a  draft  Protocol  was  initialled  on  29 
February 2008. 

The draft Protocol amending the Agreement foresees special transition periods for employed 
workers,  and  service  providers  in  certain  sectors,  who  are  nationals  of  the  Republic  of 
Bulgaria and Romania. These transition periods will end at the latest 10 years after the entry 
into force of the Protocol. 

The draft Protocol furthermore introduces adaptations concerning real estate acquisitions, as 
well  as technical  adaptations,  in  particular  with respect to Annex II (Coordination of Social 
Security  Schemes).  The  necessary  adaptations  to  Annex  III  on  the  mutual  recognition  of 
professional qualifications shall be adopted by the Joint Committee of the Agreement.  

The 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  to  Council  a  draft  of  the  Protocol  for  signature  and 
conclusion. 

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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, the Republic of Bulgaria and 
Romania 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 first subparagraph of Article 300(2) 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  2006,  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 Republic of Bulgaria and Romania, 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 draft Protocol, which was initialled on 29 February 2008. 

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 
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 Republic of Bulgaria and Romania pursuant to their accession to the 
European Union. 

The text of the Protocol is attached to this Decision. 

1 

OJ C , , p. . 

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Done in Brussels, 

For the Council 
The President 

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2008/0080(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 Republic of Bulgaria and 
Romania 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 the first subparagraph of Article 300(2) and 
the second subparagraph of Article 300(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  2006,  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  Republic  of  Bulgaria  and  Romania, 
pursuant to their accession to the European Union have been concluded. 

(2) 

According  to  Council  Decision  …./…./CE  of  ……2008,  and  pending  its  final 
conclusion  at  a  later  date,  this  Protocol  has  been  signed  on  behalf  of  the  European 
Community and its Member States on ….2008. 

(3) 

The Protocol should be concluded, 

HAS DECIDED AS FOLLOWS:  

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 Republic of Bulgaria and Romania, 

Article 1 

2 
3 

OJ C , , p. . 
EP opinion 

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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. 

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. 

Article 2 

This Decision shall be published in the Official Journal of the European Union. 

Done in Brussels,  

Article 3 

For the Council 
The President 

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Draft 

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 REPUBLIC OF BULGARIA AND ROMANIA  

PURSUANT TO THEIR ACCESSION TO THE EUROPEAN UNION 

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DRAFT 

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 
REPUBLIC OF BULGARIA AND ROMANIA PURSUANT TO THEIR ACCESSION 
TO THE EUROPEAN UNION 

THE EUROPEAN COMMUNITY, 

represented by the Council of the European Union, 

and 

THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, 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,  ROMANIA,  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’, 

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 Protocol of 26 October 2004 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 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  of  2004’), 
which entered into force on 1 April 2006; 

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HAVING REGARD TO the accession of the Republic of Bulgaria and Romania (hereinafter 
referred to as ‘the new Member States’) to the European Union on 1 January 2007; 

WHEREAS the new Member States are to become Contracting Parties to the Agreement; 

CONSIDERING  that  the  Act  of  Accession  grants  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 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  new  Member  States  as  on  the  present  Contracting  Parties  to  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 thereto the following adaptations shall be 
made: 

a) 

The list of Contracting Parties to the Agreement shall be replaced by the following: 

‘THE EUROPEAN COMMUNITY, 

THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

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, 

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THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

ROMANIA, 

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 1b, 2b, 3b, 4c and 5b shall 
be  inserted  at  the  end  of  the  corresponding  paragraphs  1a,  2a,  3a,  4b  and  5a 
respectively: 

‘1b. Switzerland may maintain until two years after the entry into force of the Protocol to this 
Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and 
Romania quantitative limits in respect of access by workers employed in Switzerland and for 
self-employed  persons  who  are  nationals  of  the  Republic  of  Bulgaria  and  Romania  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 transitional period mentioned above, the Joint Committee shall review 
the functioning of the transitional period applied to nationals of the 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  continue  to  apply  such  measures  until  five  years  after  the  entry  into  force  of  the 
aforementioned  Protocol.  In  the  absence  of  such  notification,  the  transitional  period  shall 
expire at the end of the two-year period specified in the first subparagraph. 

At  the  end  of  the  transitional  period  defined  in  this  paragraph,  all  quantitative  limits 
applicable  to  nationals  of  the  Republic  of  Bulgaria  and  Romania  shall  be  abolished.  These 
Member States are entitled to introduce the same quantitative limitations for Swiss nationals 
for the same periods.’ 

‘2b.  Switzerland  and  the  Republic  of  Bulgaria  and  Romania  may  maintain,  until  two  years 
after  the  entry  into  force  of  the  Protocol  to  this  Agreement  regarding  the  participation,  as 
Contracting  Parties,  of  the  Republic  of  Bulgaria  and  Romania,  for  workers  of  one  of  these 
Contracting  Parties  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 concerned. The same controls may be maintained for 
persons providing services, as referred to in Article 5(1) of this Agreement, in the following 
four  sectors:  Horticultural  service  activities;  Construction,  including  related  branches; 

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Security  activities;  Industrial  cleaning  (NACE4  codes  01.41;  45.1  to  4;  74.60;  74.70 
respectively).  Switzerland  shall,  during  the  transitional  periods  mentioned  in  paragraphs  1b, 
2b, 3b and 4c, 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, as referred to in Article 5(1) of this Agreement, in the four 
sectors mentioned above. 

Within  two  years  of  the  entry  into  force  of  the  Protocol  to  this  Agreement  regarding  the 
participation,  as  Contracting  Parties,  of  the  Republic  of  Bulgaria  and  Romania,  the  Joint 
Committee  shall  review  the  functioning  of  the  transitional  measures  contained  in  this 
paragraph on the basis of a report prepared by each of the Contracting Parties implementing 
them. Upon completion of the review, and no later than two years after the entry into force of 
the  aforementioned  Protocol,  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 five years after the 
entry  into  force  of  the  aforementioned  Protocol.  In  the  absence  of  such  notification,  the 
transitional  period  will  expire  at  the  end  of  the  two-year  period  specified  in  the  first 
subparagraph. 

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

‘3b.  Upon  entry  into  force  of  the  Protocol  to  this  Agreement  regarding  the  participation,  as 
Contracting Parties, of the Republic of Bulgaria and Romania and until the end of the period 
described  in  paragraph  1b,  Switzerland  shall  reserve  on  a  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 these new Member States a minimum number of new 
residence permits6 according to the following schedule: 

Until 

4 

5 

6 

Number of permits for a 
period 
equal to or exceeding one 
year 

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

NACE:  Council  Regulation  (EEC)  No  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 
Regulation (EC) No 1882/2003 of the European Parliament and the Council of 29 September 2003 (OJ 
L 284, 31.10.2003, p. 1). 
Workers  may  apply  for  short-term  residence  permits  under  the  quotas  mentioned  in  subparagraph  3b 
even for a period of less than four months. 
These permits will be granted in addition to the quota mentioned in Article 10 of this Agreement which 
are  reserved  for  employed  and  self-employed  persons  who  are  nationals  of  the  Member  States  at  the 
time of signature of this Agreement (21 June 1999) and of the Member States that became Contracting 
Parties to this Agreement by the Protocol of 2004. These permits are also in addition to permits granted 
through  existing  bilateral  trainee  exchange  agreements  between  Switzerland  and  the  new  Member 
States. 

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First year 

Second year 

Third year 

Fourth year 

Fifth year 

362 

523 

684 

885 

1 046 

3620 

4 987 

6 355 

7 722 

9 090’ 

‘4c. At the end of the period described in paragraph 1b and in this paragraph and up to ten 
years after entry  into force  of the Protocol to this Agreement regarding the participation, as 
Contracting Parties, of the Republic of Bulgaria and Romania, the provisions of Article 10(4) 
of this Agreement shall apply to nationals of these new Member States. 

In case of serious disturbances of its labour market or threat thereof, Switzerland and any of 
the  new  Member  States  which  has  implemented  transitional  measures  shall  notify  such 
circumstances  to  the  Joint  Committee  before  the  end  of  the  five-year  transitional  period 
specified in paragraph 2b, subparagraph 2. In this case, the notifying country may continue to 
apply to workers employed on its own territory the measures described in paragraphs 1b, 2b 
and 3b until seven years after the entry into force of the aforementioned Protocol. In such a 
case, the annual number of residence permits referred to in paragraph 1b shall be: 

Until 

Sixth year 

Seventh year 

Number of permits for a 
period 
equal to or exceeding one year 

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

1 126 

1 207 

10 457 

11 664’ 

‘5b.  The  transitional  provisions  of  paragraphs  1b,  2b,  3b  and  4c,  and  in  particular  those  of 
paragraph 2b 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 the entry into force of the Protocol to this Agreement regarding 
the  participation,  as  Contracting  Parties,  of  the  Republic  of  Bulgaria  and  Romania,  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 the entry into 
force of the aforementioned Protocol.’ 

c) 

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

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By  derogation  from  Article  25  of  Annex  I  to  the  Agreement,  the  transitional  periods  of 
Annex 1 to this Protocol shall apply. 

Article 3 

Article 4 

1. 

Annex II to the Agreement shall be amended according to Annex 2 to this Protocol. 

Annex  III  to  the  Agreement  shall  be  adapted  by  decision  of  the  Joint  Committee 

2. 
established by Article 14 of the Agreement.  

Article 5 

1. 

Annexes 1 and 2 to this Protocol shall form an integral part thereof. 

This  Protocol,  together  with  the  Protocol  of  2004,  shall  form  an  integral  part  of  the 

2. 
Agreement. 

Article 6 

This Protocol shall be ratified or approved by the Council of the European Union, on 
1. 
behalf of the Member States and the European Community, and by Switzerland in accordance 
with their own procedures. 

The  Council  of  the  European  Union  and  Switzerland  shall  notify  each  other  of  the 

2. 
accomplishment of these procedures. 

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

Article 7 

This  Protocol  shall  remain  in  force  for  the  same  duration  and  according  to  the  same 
arrangements as the Agreement. 

Article 8 

Article 9 

1. 
This  Protocol,  as  well  as  the  Declarations  annexed  thereto,  shall  be  drawn  up  in 
duplicate  in  the  Bulgarian,  Czech,  Danish,  Dutch,  English,  Estonian,  Finnish,  French, 
German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese, 
Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of  those  texts  being 
equally authentic. 

2. 
The  Bulgarian  and  Romanian  language  versions  of  the  Agreement,  including  all 
Annexes,  Protocols  and  the  Final  Act  shall  be  equally  authentic.  The  Joint  Committee 
established by Article 14 of the Agreement shall approve the authentic texts of the Agreement 
in the new languages.  

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

For the Council of the European Union  

For the Swiss Confederation 

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Transitional Measures on the Purchase of Land and Secondary Residence 

ANNEX 1 

1. The Republic of Bulgaria 

The  Republic  of  Bulgaria  may  maintain  in  force  for  five  years  from  the  date  of  entry  into 
force  of  this  Protocol  the  restrictions  laid  down  in  its  legislation,  existing  at  the  time  of 
signature of this Protocol, on the acquisition of ownership over land for secondary residences 
by Swiss nationals non-resident in Bulgaria and by legal persons formed in accordance with 
the laws of Switzerland. 

Swiss nationals who are legally resident in Bulgaria shall not be subject to the provisions of 
the preceding subparagraph or to any rules and procedures other than those to which nationals 
of Bulgaria are subject. 

The Republic of Bulgaria may maintain in force for seven years from the date of entry into 
force  of  this  Protocol  the  restrictions  laid  down  in  its  legislation,  existing  at  the  time  of 
signature of this Protocol, on the acquisition of agricultural land, forests and forestry land by 
Swiss nationals and by legal persons formed in accordance with the laws of Switzerland. In 
no  instance  may  a  Swiss  national  be  treated  less  favourably  in  respect  of  the  acquisition  of 
agricultural land, forests and forestry land than at the date of signature of this Protocol or be 
treated in a more restrictive way than a national of a third country. 

Self-employed  farmers  who  are  Swiss  nationals  and  who  wish  to  establish  themselves  and 
reside  in  the  Republic  of  Bulgaria  shall  not  be  subject  to  the  provisions  of  the  preceding 
subparagraph  or  to  any  procedures  other  than  those  to  which  nationals  of  the  Republic  of 
Bulgaria are subject. 

A general review of these transitional measures shall be held in the third year following the 
date  of  entry  into  force  of  this  Protocol.  The  Joint  Committee  may  decide  to  shorten  or 
terminate the transitional period indicated in the first subparagraph. 

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2. Romania 

Romania may maintain in force for five years from the date of entry into force of this Protocol 
the restrictions laid down in its legislation, existing at the time of signature of this Protocol, 
on the acquisition of ownership  over land for secondary residences by Swiss nationals non-
resident  in  Romania  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 
Romania. 

Swiss nationals who are legally resident in Romania shall not be subject to the provisions of 
the preceding subparagraph or to any rules and procedures other than those to which nationals 
of Romania are subject. 

Romania  may  maintain  in  force  for  seven  years  from  the  date  of  entry  into  force  of  this 
Protocol the restrictions  laid  down in  its legislation, existing at the time of signature of this 
Protocol, on the acquisition of agricultural land, forests and forestry land by Swiss nationals 
and  by  companies  formed  in  accordance  with  the  laws  of  Switzerland  which  are  neither 
established  nor  registered  in  Romania.  In  no  instance  may  a  Swiss  national  be  treated  less 
favourably in respect of the acquisition of agricultural land, forests and forestry land than at 
the date of signature of this Protocol or be treated in a more restrictive way than a national of 
a third country. 

Self-employed  farmers  who  are  Swiss  nationals  and  who  wish  to  establish  themselves  and 
reside in Romania shall not be subject to the provisions of the preceding subparagraph or to 
any procedures other than those to which nationals of Romania are subject. 

A general review of these transitional measures shall be held in the third year following the 
date  of  entry  into  force  of  this  Protocol.  The  Joint  Committee  may  decide  to  shorten  or 
terminate the transitional period indicated in the first subparagraph. 

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ANNEX 2 

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. 

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 ‘Slovakia — Switzerland’: 

‘Bulgaria — Switzerland 

None. 

Romania — Switzerland 

No convention.’ 

(b)  under (j), concerning Annex III, Part B, the following shall be added after the 

last entry ‘Slovakia — Switzerland’: 

‘Bulgaria — Switzerland 

None. 

Romania — Switzerland 

No convention.’ 

2. 

The  following  shall  be  inserted  under  the  Title  ‘Section  A:  Acts  referred  to’  under 
point  1.  ‘Regulation  (EEC)  No  1408/71’  after  ‘304  R  631:  Regulation  (EC)  No 
631/2004 …’: 

‘Section  2  (Freedom  of  Movement  of  Persons  —  Social  Security)  of  Council 
Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations 
and  Decisions  in  the  fields  of  free  movement  of  goods,  freedom  of  movement  of 
persons,  company  law,  competition  policy,  agriculture  (including  veterinary  and 
phytosanitary legislation), transport policy, taxation, statistics, energy, environment, 
cooperation  in  the  fields  of  justice  and  home  affairs,  customs  union,  external 
relations,  common  foreign  and  security  policy  and  institutions,  by  reason  of  the 
accession  of  Bulgaria  and  Romania,  insofar  as  its  provisions  concern  Community 
acts referred to in Annex II to this Agreement.’ 

3. 

The  following  shall  be  inserted  under  the  Title  ‘Section  A:  Acts  referred  to’  under 
point  2.  ‘Regulation  (EEC)  No  574/72’  after  ‘304  R  631:  Regulation  (EC)  No 
631/2004 …’: 

‘Section  2  (Freedom  of  Movement  of  Persons  —  Social  Security)  of  Council 
Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations 
and  Decisions  in  the  fields  of  free  movement  of  goods,  freedom  of  movement  of 
persons,  company  law,  competition  policy,  agriculture  (including  veterinary  and 
phytosanitary legislation), transport policy, taxation, statistics, energy, environment, 
cooperation  in  the  fields  of  justice  and  home  affairs,  customs  union,  external 
relations,  common  foreign  and  security  policy  and  institutions,  by  reason  of  the 
accession  of  Bulgaria  and  Romania,  insofar  as  its  provisions  concern  Community 
acts referred to in Annex II to this Agreement.’ 

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4. 

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  …’,  ‘4.27.  388  D  64:  Decision  No  136  …’,  ‘4.37.  393  D  825: 
Decision  No  150  …’,  after  ‘12003  TN  02/02  A:  Act  concerning  the  conditions  of 
accession of the Czech Republic, the Republic of Estonia, …’, and under the point 
‘4.77: Decision No 192 …’: 

‘Section  2  (Freedom  of  Movement  of  Persons  —  Social  Security)  of  Council 
Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations 
and  Decisions  in  the  fields  of  free  movement  of  goods,  freedom  of  movement  of 
persons,  company  law,  competition  policy,  agriculture  (including  veterinary  and 
phytosanitary legislation), transport policy, taxation, statistics, energy, environment, 
cooperation  in  the  fields  of  justice  and  home  affairs,  customs  union,  external 
relations,  common  foreign  and  security  policy  and  institutions,  by  reason  of  the 
accession  of  Bulgaria  and  Romania,  insofar  as  its  provisions  concern  Community 
acts referred to in Annex II to this Agreement.’ 

5. 

For  workers  who  are  nationals  of  the  Republic  of  Bulgaria  and  Romania,  the 
arrangements  contained  in  paragraph  1  of  the  section  Unemployment  Insurance  of 
the Protocol to Annex II shall apply until the end of the seventh year after the entry 
into force of this Protocol. 

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JOINT DECLARATION 

on the Adaptation of Annex III to the Agreement 

The Contracting Parties declare that, with a view to ensuring smooth implementation of the 
Agreement, Annex III thereto shall be adapted as soon as possible in order to integrate, among 
other  things,  Directive  2005/36/EC  as  amended  by  Directive  2006/100/EC  and  new  Swiss 
entries. 

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by Switzerland on Autonomous Measures as of the Date of Signature 

DECLARATION 

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  this  Protocol.  For  this  purpose,  Switzerland  will  open  specific 
quotas for short-term as well as long-term working permits, as defined in Article 10(1) of the 
Agreement, in favour of citizens from the new Member States, as of the date of signature of 
this Protocol. The quotas will be 282 long-term permits and 1 006 short-term permits per year. 
In  addition,  2  011  short-term  workers  per  year  will  be  admitted  for  a  stay  of  less  than  4 
months. 

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