CELEX: 22006A0328(01)
Language: en
Date: 2004-10-26 00:00:00
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

L 89/30        EN                        Official Journal of the European Union                             28.3.2006
                                                      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,
        THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
 ---pagebreak--- 28.3.2006              EN                              Official Journal of the European Union                                            L 89/31
              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 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 Agreement,
              HAVE AGREED AS FOLLOWS:
                               Article 1                                             the Kingdom of Spain,
1.     The new Member States hereby become Contracting
Parties to the Agreement.                                                            the French Republic,
2.     From the entry into force of this Protocol, the provisions                    Ireland,
of the Agreement shall be binding on the new Member States as
on the present Contracting Parties of the Agreement under the
terms and conditions laid down in this Protocol.                                     the Italian Republic,
                               Article 2                                             the Republic of Cyprus,
In the main body of the Agreement and in Annex I thereto the
following adaptations shall be made:                                                 the Republic of Latvia,
(a) The list of Contracting Parties to the Agreement shall be                        the Republic of Lithuania,
     replaced by the following:
                                                                                     the Grand Duchy of Luxembourg,
     ‘The European Community,
                                                                                     the Republic of Hungary,
     the Kingdom of Belgium,
                                                                                     the Republic of Malta,
     the Czech Republic,
                                                                                     the Kingdom of the Netherlands,
     the Kingdom of Denmark,
     the Federal Republic of Germany,                                                the Republic of Austria,
     the Republic of Estonia,                                                        the Republic of Poland,
     the Hellenic Republic,                                                          the Portuguese Republic,
 ---pagebreak--- L 89/32                EN                         Official Journal of the European Union                                          28.3.2006
    the Republic of Slovenia,                                                 ‘2a. Switzerland and the Czech Republic, the Republic of
                                                                              Estonia, the Republic of Latvia, the Republic of Lithuania,
    the Slovak Republic,                                                      the Republic of Hungary, the Republic of Poland, the
                                                                              Republic of Slovenia and the Slovak Republic, may
    the Republic of Finland,                                                  maintain, until 31 May 2007, for workers of one of these
                                                                              Contracting Parties employed in their own territory the
                                                                              controls on the priority of workers integrated into the
    the Kingdom of Sweden,                                                    regular labour market and wage and working conditions
                                                                              applicable to nationals of the Contracting Party concerned.
    the United Kingdom of Great Britain and Northern Ireland,                 The same controls may be maintained for persons providing
                                                                              services in the following four sectors: Horticultural service
    of the one part, and                                                      activities; Construction, including related branches; Security
                                                                              activities; Industrial cleaning (NACE (1) codes 01.41; 45.1 to
    the Swiss Confederation,                                                  4; 74.60; 74.70 respectively), referred to in Article 5(1) of
                                                                              the Agreement. Switzerland, shall, during the transitional
    of the other part,’.                                                      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
(b) In Article 10 of the Agreement, the following paragraphs                  of services liberalised by a specific agreement between the
    shall be inserted:                                                        Contracting Parties concerning the provision of services
                                                                              (including the Agreement on certain aspects of government
                                                                              procurement insofar as it covers the provision of services).
                                                                              For the same period, qualification requirements may be
                                                                              maintained for residence permits of less than four
    ‘1a.    Switzerland may maintain until 31 May 2007 quan-                  months (2) and to persons providing services in the four
    titative limits in respect of access by workers employed in               sectors mentioned above, referred to in Article 5(1) of the
    Switzerland and for self-employed persons who are                         Agreement.
    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                    Before 31 May 2007, the Joint Committee shall review the
    period equal to, or exceeding, one year. There shall be no                functioning of the transitional measures contained in this
    quantitative restriction on residence for less than four                  paragraph on the basis of a report prepared by each of the
    months.                                                                   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
    Before the end of the transitional period mentioned above,                transitional measures, may continue to do so until 31 May
    the Joint Committee shall review the functioning of the                   2009. In the absence of such notification, the transitional
    transitional period applied to nationals of the new                       period will expire 31 May 2007.
    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 quan-
    titative limits to workers employed in Switzerland. Swit-
                                                                              At the end of the transitional period defined in this
    zerland may continue to apply such measures until 31
                                                                              paragraph, all restrictions referred to above in this
    May 2009. In the absence of such notification, the transi-
                                                                              paragraph shall be abolished.
    tional period shall expire on 31 May 2007.
                                                                              ___________
                                                                              (1) NACE: Council Regulation (EEC) No 3037/90 of
    At the end of the transitional period defined in this                         9 October 1990 on the statistical classification
    paragraph, all quantitative limits applicable to nationals of                 of economic activities in the European Community (OJ
    the Czech Republic, the Republic of Estonia, the Republic of                  L 293, 24.10.1990, p. 1), as last amended by Commis-
    Latvia, the Republic of Lithuania, the Republic of Hungary,                   sion Regulation (EC) 29/2002 of 19 December 2001 (OJ
    the Republic of Poland, the Republic of Slovenia and the                      L 6, 10.1.2002, p. 3).
    Slovak Republic shall be abolished. These Member States are               (2) Workers may apply for short-term residence permits
    entitled to introduce the same quantitative limitations for                   under the quotas mentioned in paragraph 3a even for
    Swiss nationals for the same periods.’                                        a period of less than four months.’
 ---pagebreak--- 28.3.2006             EN                            Official Journal of the European Union                                             L 89/33
   ‘3a.     Upon entry into force of the Protocol to this                                           Number of permits for
                                                                                                                          Number of permits for a
   Agreement regarding the participation, as contracting                                                                    period of more than
                                                                                       Until         a period equal to or
                                                                                                                           four months and less
   parties, of the new Member States mentioned below and                                              exceeding one year
                                                                                                                               than one year
   until the end of the period described in paragraph 1a, Swit-
   zerland shall reserve on an yearly basis (pro rata temporis),                  31 May 2010                2 800                26 000
   within its overall quota for third countries, for workers
   employed in Switzerland and for self-employed persons                          30 April 2011              3 000                29 000
   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 a minimum
   number of new residence permits (1) according to the                         4b.     When Malta undergoes or foresees disturbances on
   following schedule:                                                          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 to the Act of Accession, the restrictive
                                                                                measures taken by Malta towards the rest of EU Member
                                                                                States could also be applied to Switzerland. In such a case,
                                              Number of permits for a           Switzerland shall be entitled to take equivalent reciprocal
                        Number of permits for
           Until         a period equal to or
                                                period of more than             measures towards Malta.
                                               four months and less
                          exceeding one year
                                                   than one year
     31 May 2005                   900                 9 000
                                                                                Malta and Switzerland may resort to this procedure until
     31 May 2006                 1 300               12 400                     30 April 2011.’
     31 May 2007                 1 700               15 800
     31 May 2008                 2 200               19 200
                                                                                ‘5a. The transitional provisions of paragraphs 1a, 2a, 3a,
     31 May 2009                 2 600               22 600                     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 the entry into force of the
   ___________                                                                  Protocol to this Agreement regarding the participation, as
                                                                                contracting parties, of the new Member States mentioned in
   (1) These permits will be granted in addition to the quota
                                                                                the said paragraphs, are authorised to pursue an economic
        mentioned in Article 10 of the Agreement which are
                                                                                activity on the territory of the Contracting Parties. Such
        reserved for employed and self-employed persons who
                                                                                persons shall in particular enjoy occupational and geogra-
        are nationals of the Member States at the time of
                                                                                phical mobility.
        signature of the Agreement (21 June 1999) or
        nationals of the Republic of Cyprus or the Republic of
        Malta. These permits are also in addition to permits
        granted through existing bilateral trainee exchange                     The holders of residence permits valid for less than one year
        agreements.’                                                            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
   ‘4a.     At the end of the period described in paragraph 1a                  period equal to, or exceeding, one year shall automatically
   and in this paragraph and up to 12 years after entry into                    be entitled to have their permits extended. Such employed
   force of the Agreement, the provisions of Article 10(4) of                   and self-employed persons shall therefore enjoy the rights to
   the Agreement shall apply.                                                   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 to the Agreement, the reference
   In case of serious disturbances of its labour market or threat               to Article 10(2) shall be replaced by Article 10(2, 2a, 4a and
   thereof, Switzerland and any of the new Member States                        4b).
   which 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                                                     Article 3
   measures described in paragraphs 1a, 2a and 3a until 30
   April 2011. In such a case, the annual number of residence               By derogation from Article 25 of Annex I to the Agreement,
   permits referred to in paragraph 1a shall be:                            the transitional periods of Annex I to this Protocol shall apply.
 ---pagebreak--- L 89/34               EN                          Official Journal of the European Union                                         28.3.2006
                            Article 4                                                                   Article 8
This Protocol shall form an integral part of the Agreement.               This Protocol shall remain in force for the same duration and
                                                                          according to the same modalities as the Agreement.
                            Article 5
                                                                                                        Article 9
Annexes I, II and III to the Agreement shall be modified in
accordance with Annexes I, II and III to this Protocol that               1.     This Protocol, as well as the Declarations annexed thereto,
shall form an integral part of this Protocol.                             shall be drawn up in duplicate in the Czech, Danish, Dutch,
                                                                          English, Estonian, Finnish, French, German, Greek, Hungarian,
                            Article 6                                     Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak,
                                                                          Slovenian, Spanish and Swedish languages, each text being
1.    This Protocol shall be ratified or approved by the Council          equally authentic.
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.                                     2.     The Maltese language version of this Protocol shall be
                                                                          authenticated by the Contracting Parties on the basis of an
                                                                          Exchange of Letters. It shall also be authentic, in the same
2.    The Council of the European Union and the Swiss
                                                                          way as for the languages referred to in paragraph 1.
Confederation shall notify each other of the accomplishment
of these procedures.
                                                                          3.     The Agreement, as well as the Declarations annexed
                            Article 7                                     thereto, drawn up in the Czech, Estonian, Hungarian, Latvian,
                                                                          Lithuanian, Maltese, Polish, Slovak and Slovenian languages
This Protocol shall enter into force on the first day of the first        shall be authenticated by the Contracting Parties on the basis
month following the date of deposit of the last instrument of             of an Exchange of Letters. These language versions shall also be
approval.                                                                 equally authentic.
              Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.
              V Lucemburku dne dvacátého šestého října dva tisíce čtyři.
              Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
              Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.
              Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.
              'Εγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.
              Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.
              Fait à Luxembourg, le vingt-six octobre deux mille quatre.
              Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.
              Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.
              Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.
              Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.
              Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.
              Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.
              Sporządzono w Luksemburgu, dnia dwudziestego szóstego października roku dwa tysiące czwartego.
              Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.
              V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.
              V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.
              Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
              Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.
 ---pagebreak--- 28.3.2006      EN                        Official Journal of the European Union                                L 89/35
             Por los Estados miembros                                             Por Ia Comunidad Europea
                  Za členské státy                                                  Za Evropské společenství
                For medlemsstaterne                                             For Det Europæiske Fællesskab
               Für die Mitgliedstaaten                                        Für die Europäische Gemeinschaft
                Liikmesriikide nimel                                                Euroopa Ühenduse nimel
                 Για τα κράτη μέλη                                                Για την Ευρωπαϊκή Κοινότητα
               For the Member States                                             For the European Community
              Pour les États membres                                          Pour la Communauté européenne
                Per gli Stati membri                                                Per la Comunità europea
                  Dalībvalstu vārdā                                                  Eiropas Kopienas vārdā
                Valstybių narių vardu                                               Europos bendrijos vardu
               A tagállamok részéről                                             az Európai Közösség részéről
                 Għall-Istati Membri                                                Għall-Komunità Ewropea
                  Voor de lidstaten                                             Voor de Europese Gemeenschap
          W imieniu Państw Członkowskich                                      W imieniu Wspólnoty Europejskiej
              Pelos Estados-Membros                                                Pela Comunidade Europeia
                  Za členské štáty                                                 Za Európske spoločenstvo
                  Za države članice                                                  za Evropsko skupnost
              Jäsenvaltioiden puolesta                                            Euroopan yhteisön puolesta
            På medlemsstaternas vägnar                                       På Europeiska gemenskapens vägnar
                                       Für die Schweizerische Eidgenossenschaft
                                              Pour la Confédération suisse
                                            Per la Confederazione svizzera
 ---pagebreak--- L 89/36          EN                                Official Journal of the European Union                                                28.3.2006
                                                                   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 point 1, 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 (b) 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 (a).
        (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. 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 (a) 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 (a).
 ---pagebreak--- 28.3.2006          EN                                Official Journal of the European Union                                                L 89/37
          (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.
          3. 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.
          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 authorised the District Officers to grant approval on its behalf. When the real estate concerned exceeds 2
          donums (1 donum = 1 338 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, No 54(I)/2003’.
          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, may not acquire real estate
          for the purpose of using it as secondary residence, without prior authorisation by the Council of Ministers, which has
          delegated its authority to the District Officers, as mentioned above.
          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 (a).
          (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 (a) or to any procedures other than those to which nationals of Lithuania are subject.
 ---pagebreak--- L 89/38          EN                                Official Journal of the European Union                                                28.3.2006
        (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 (a).
        (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.
        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 of 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 (a) 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 resi-
            dences based on objective, stable, transparent and public criteria. These criteria shall be applied in a non-discrimi-
            natory 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 of 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 (c) 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 (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 Swiss national 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) may not be withheld if the value of the
                 property is higher than an amount determined annually by an index (currently Lm 30 000 for an apartment and
                 Lm 50 000 for a house).
            (2) Swiss nationals may also set up their 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) Swiss nationals 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.
 ---pagebreak--- 28.3.2006          EN                               Official Journal of the European Union                                               L 89/39
          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 (c) 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.
          (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 (c) 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 Warmińsko-Mazurskie, Pomorskie,
              Kujawsko-Pomorskie, Zachodniopomorskie, Lubuskie, Dolnośląkie, 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.
          (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 (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. 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 authorisation to take protective measures in
              order to rectify the situation in the real estate market.
          (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 authorised under (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 (a).
 ---pagebreak--- L 89/40          EN                                Official Journal of the European Union                                                28.3.2006
        10. 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 (b) 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 (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.
 ---pagebreak--- 28.3.2006          EN                             Official Journal of the European Union                                             L 89/41
                                                                   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, of 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.
                 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.
 ---pagebreak--- L 89/42          EN                            Official Journal of the European Union                                                28.3.2006
               Hungary — Switzerland
               None.
               Malta — Switzerland
               No convention.
               Poland — Switzerland
               No convention.
               Slovenia — Switzerland
               None.
               Slovakia — Switzerland
               None.’
           (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, of 16 April 2003.’
        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 …’, ‘4.19. 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, of 16 April 2003.’
        5. 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.
 ---pagebreak--- 28.3.2006          EN                              Official Journal of the European Union                                                 L 89/43
                                                                   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 Act 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 (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. 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).
          3. 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 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).
 ---pagebreak--- L 89/44          EN                             Official Journal of the European Union                                               28.3.2006
        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).
               Declaration by 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 4(b)
        and 4(c) of Directive 77/452/EEC and Articles 5(a) and 5(b) of Directive 80/154/EEC on acquired rights, only after
        examination of the conformity of their qualifications with Directives 77/453/EEC and 80/155/EEC. For this purpose,
        Switzerland may require the completion of an aptitude test or an adaptation period.
                          Declaration by 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(1) of the 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 2 500 shor-term permits per year. In addition, 5 000 short-term
        workers per year will be admitted for a stay of less than 4 months.
        Declaration by Poland concerning the recognition of diplomas of nurses responsible for general care and
                                                                 midwives
        Poland has taken note of Switzerland's declaration pertaining to the recognition of general-care nursing and midwifery
        diplomas but resolutely expects Switzerland to adhere fully to Article 4(b) of Directive 77/452/EEC and Article 5(b) of
        Directive 80/154/EEC according to the wording as of the day on which 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, pursuant to the enlargement of the European Union, takes effect.