Explanatory Memorandum to COM(2013)674 - Signing of a Protocol to the Agreement with Switzerland on the free movement of persons, to take account of the accession of Croatia to the EU

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The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, hereinafter referred to as ‘the Agreement’, was signed on 21 June 1999 and entered into force on 1 June 2002.

This proposal constitutes the legal instrument for the signature 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 to take account of the accession of the Republic of Croatia to the European Union (hereinafter referred to as ‘the Protocol’).

According to the Act of Accession of the Republic of Croatia, Croatia shall accede to the international agreements signed or concluded by the European Union and its Member States by means of a Protocol to those agreements.

On 24 September 2012 i, the Council authorised the Commission to open negotiations with the Swiss Confederation with a view to concluding the relevant protocol. The negotiations with the Swiss Confederation were successfully concluded by the initialling of the Protocol.

The proposed Protocol incorporates the Republic of Croatia as Contracting Party to the Agreement and commits the EU to providing the authentic version of the Agreement in the new official language of the EU.

The Commission has judged the results of the negotiations to be satisfactory and requests the Council to adopt the attached Decision on the signature of the Protocol.