Explanatory Memorandum to COM(2008)209-2 - Conclusion of a Protocol to the agreement with Switzerland on the free movement of Persons, regarding the participation, as contracting parties, of Bulgaria and Romania, pursuant to their accession to the EU - Main contents
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| dossier | COM(2008)209-2 - Conclusion of a Protocol to the agreement with Switzerland on the free movement of Persons, regarding the participation, ... |
|---|---|
| source | COM(2008)209  |
| date | 22-04-2008 |
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 i of the Act of Accession, is to submit to Council a draft of the Protocol for signature and conclusion.
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 i thereof,
Having regard to the Act of Accession annexed to the Treaty of Accession and in particular Article 6 i thereof,
Having regard to the proposal from the Commission i,
Whereas:
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.
Pursuant to Article 6 i of the Act of Accession, a draft of the Protocol has been submitted by the Commission to the Council.
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.
Done in Brussels,
For the Council
The President