Proposal for a Council Decision on the Community position to be taken as regards the Joint Committee decision authenticating the Agreement between the European Community and its Member States on the one part, and the Swiss Confederation on the other, on the free movement of persons in the Bulgarian and Romanian languages.
Date: 2009-07-28
Institutions: European Commission
Subjects: Bulgaria, Romania, Switzerland, accession to the European Union, agreement (EU), free movement of persons

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.7.2009 
COM(2009) 392 final 

Proposal for a 

COUNCIL DECISION 

on the Community position to be taken as regards the Joint Committee decision 
authenticating the Agreement between the European Community and its Member States 
on the one part, and the Swiss Confederation on the other, on the free movement of 
persons in the Bulgarian and Romanian languages. 

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EXPLANATORY MEMORANDUM 

The Agreement between the European Community and its Member States on the one part, and 
the Swiss Confederation on the other, on the free movement of persons1 entered into force on 
1 June 2002. 

The accession of the ten new Member States to this Agreement was achieved by 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, which entered into force 
on 1 April 2006.2 

Bulgaria and Romania joined the European Union on 1 January 2007. Their accession to the 
Agreement is achieved by the Protocol to the Agreement between the European Community 
and its Member States, of the one part, and the Swiss Confederation on 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, signed on 27 May 
2008. 

Article  9,  paragraph  2  of  this  Protocol  authorizes  the  Joint  Committee  to  approve  the 
authentic texts of the Agreement, including all Annexes and Protocols thereto and the Final 
Act  in  the  Bulgarian  and  Romanian  languages..  However,  Annexes  II  and  III  to  the 
Agreement have been modified repeatedly, as a result of which an authentication in Bulgarian 
and  Romanian  would  not  fully  reflect  the  current  state  of  affairs  concerning  these  annexes. 
With regard to Annexes II and III, it was agreed with the Swiss Confederation that the Joint 
Committee should establish a new consolidated version which will be equally authentic in all 
official languages of the European Union. 

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OJ L 114, 30.4.2002, p.6. 
OJ L 89, 28.3.2006, p.30. 

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Proposal for a 

COUNCIL DECISION 

on the Community position to be taken as regards the Joint Committee decision 
authenticating the Agreement between the European Community and its Member States 
on the one part, and the Swiss Confederation on the other, on the free movement of 
persons in the Bulgarian and Romanian languages. 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
300, paragraph 2, subparagraph 2 thereof, 
Having regard to the proposal from the Commission,3 

Whereas: 

(1) 

The  Community  and  its  Member  States  concluded  with  the  Swiss  Confederation  an 
Agreement on the free movement of persons 4 (hereafter : "the Agreement"). 

(2)  With  a  Protocol  to  the  Agreement  signed  on  27  May  2008,  Bulgaria  and  Romania 
became  contracting  parties  to  the  Agreement,  pursuant  to  their  accession  to  the 
European Union.  

(3) 

(4) 

Article 9, paragraph 2 of this Protocol provides that the Joint Committee established 
by the Agreement shall approve the authentic text of the Agreement in the Bulgarian 
and Romanian languages. 

It is appropriate to await the establishment of a consolidated version of the Annexes II 
and III to the Agreement for the auhentication of these texts in the new languages,  

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Community  position  on  a  decision  to  be  adopted  by  the  Joint  Committee  on  the 
authentication of the Agreement between the European Community and its Member States on 
the  one  part,  and  the  Swiss  Confederation  on  the  other,  on  the  Free  Movement  of  Persons, 
including the final act, as well as of the Enlargement Protocol of 2004, in the Bulgarian and 
Romanian languages shall be based on the text set out in the Annex. 

The decision of the Joint Committee shall be published in the Official Journal of the European 
Union. 

Article 2 

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OJ […] p.[…] 
OJ L114, 30.4.2002, p. 6. 

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Done at Brussels,  

For the Council 
The President 

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ANNEX 

Draft 

DECISION No … 
OF THE EU-SWISS JOINT COMMITTEE ON THE FREE MOVEMENT OF 
PERSONS 

of … 2009  

on the authentication of the Agreement between the European Community and its 
Member States on the one part, and the Swiss Confederation on the other, on the free 
movement of persons, including the final act, as well as the Enlargement Protocol of 
2004 in the Bulgarian and Romanian languages 

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DECISION No … OF THE EU-SWISS JOINT COMMITTEE  

ON THE FREE MOVEMENT OF PERSONS 

of … 2009 

on the authentication of the Agreement between the European Community and its 
Member States on the one part, and the Swiss Confederation on the other, on the free 
movement of persons, including the final act, as well as of the Enlargement Protocol of 
2004 in the Bulgarian and Romanian languages 

THE JOINT COMMITTEE , 

Having  regard  to  the  Protocol  to  the  Agreement  between  the  European  Community  and  its 
Member  States,  of  the  one  part,  and  the  Swiss  Confederation  on  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  of  27  May  2008, 
and in particular Article 9, paragraph 2 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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 5 
(hereafter : "the Agreement") entered into force on 1 June 2002. 
With a Protocol to the Agreement signed on 27 May 2008 6, Bulgaria and Romania 
became  contracting  parties  to  the  Agreement,  pursuant  to  their  accession  to  the 
European Union. 

Article 9, paragraph 2 of this Protocol provides that the Joint Committee established 
by the Agreement shall approve the authentic text of the Agreement in the Bulgarian 
and Romanian languages.  

It is appropriate to await the establishment of a consolidated version of the Annexes 
II and III to the Agreement for the auhentication of these texts in the new languages,  

HAS DECIDED AS FOLLOWS: 

Article 1 

(1) 

The  Bulgarian  and  Romanian  versions  of  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,  including  the  Final 
Act, as well as of 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 of 26 October 2004, which are attached to 
this Decision shall be equally authentic. 

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OJ L 114, 30.4.2002, p. 6. 
OJ [...], p. [...]. 

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(2) 

The  Bulgarian  and  Romanian  language  versions  of  Annexes  II  and  III  to  the 
Agreement shall be established by a separate decision of the Joint Committee. 

This Decision shall apply as of 1 June 2009.  

Done at Brussels, … 2009. 

Article 2 

For the Joint Committee 

The President 
The Secretaries 

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