Legal provisions of COM(2025)309 - Conclusion of a broad package of agreements to consolidate, deepen and expand the bilateral relations with Switzerland

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dossier COM(2025)309 - Conclusion of a broad package of agreements to consolidate, deepen and expand the bilateral relations with Switzerland.
document COM(2025)309 EN
date June 13, 2025

Contents

Article 1

1. The following agreements and protocols are hereby approved:

(a)Amending 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 38 ;

(b)Institutional 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 39 ;

(c)Amending Protocol to the Agreement between the European Community and the Swiss Confederation on air transport 40 ;

(d)Institutional Protocol to the Agreement between the European Community and the Swiss Confederation on air transport 41 ;

(e)State Aid Protocol to the Agreement between the European Community and the Swiss Confederation on air transport 42 ;

(f)Amending Protocol to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road 43 ;

(g)Institutional Protocol to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road;

(h)State Aid Protocol to the Agreement between the European Community and the Swiss confederation on the carriage of goods and passengers by rail and road 44 ;

(i)Amending Protocol to the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment 45 ;

(j)Institutional protocol to the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment 46 ;

(k)Amending Protocol to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products 47 ;

(l)Protocol to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products establishing a Common Food Safety Area 48 ;

(m)Agreement between the European Union and the Swiss Confederation on electricity 49 ;

(n)Agreement between the European Union and the Swiss Confederation
on health 50 ;

(o)Agreement between the European Union and the Swiss Confederation on Switzerland’s regular financial contribution towards reducing economic and social disparities in the European Union 51 ;

(p)Agreement between the European Union and the Swiss Confederation on the terms and conditions for the participation of the Swiss Confederation in the European Union Agency for the Space Programme 52 ;

(q)Protocol between the European Union and the Swiss Confederation on parliamentary cooperation 53 .

2. The Agreement between the European Union and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, on the participation of the Swiss Confederation in Union programmes is hereby approved as regards matters other than those falling under the Euratom Treaty 54 .

Article 2

1. The Joint Declaration on the establishment of a high-level dialogue on the broad bilateral package and the possible further development of the bilateral relations between the European Union and Switzerland is hereby approved 55 .

2. The following joint declarations accompanying agreements and protocols referred to in Article 1 of this Decision are hereby approved:

(a)the following joint declarations accompanying the amending protocol referred to in Article 1, point (a), of this Decision 56 :

–Joint Declaration on Union citizenship;

–Joint Declaration on preventing and acting against abuse of rights conferred by Directive 2004/38/EC;

–Joint Declaration on refusing social assistance and terminating residence prior to the acquisition of permanent residence;

–Joint Declaration on the notification of the taking up of employment;

–Joint Declaration on the Convention of the Recognition of Qualifications;

–Joint Declaration on job vacancies;

–Joint Declaration on common objectives regarding the freedom to provide services up to 90 working days and ensuring posted workers’ rights;

–Joint Declaration on effective control systems including Switzerland’s dual enforcement system;

–Joint Declaration on the principle of “Equal pay for equal work in the same place” and on a proportionate and adequate level of protection of posted workers;

–Joint Declaration on the participation of Switzerland in the activities of the European Labour Authority;

–Joint Declaration on the declaratory registration system of frontier workers;

–Joint Declaration concerning the inclusions of two EU legal acts in Annex I to the Agreement;

(b)the joint declaration accompanying the State aid protocol referred to in Article 1, point (e), of this Decision 57 ;

(c)the joint declaration accompanying the amending protocol referred to in Article 1(1), point (f), of this Decision 58 ;

(d)the joint declaration accompanying the State aid protocol referred to in Article 1, point (h), of this Decision 59 ;

(e)the joint declaration accompanying the agreement referred to in Article 1, point (m), of this Decision 60 .

3. The Council takes note of the following declarations by Switzerland:

(a)Declaration by Switzerland on measures to be taken in respect of self-employed persons in the context of the notification procedure for work-related short-term stays accompanying the amending protocol referred to in Article 1, point (a), of this Decision 61 ;

(b)Declaration by the Swiss Confederation regarding the inclusion of the institutional elements by analogy in the Agreement on Health accompanying the agreement referred to in Article 1, point (n), of this Decision 62 .

Article 3

1. The Commission shall represent the Union in the Joint Committees, as well as in any additional joint body established in accordance with the following agreements and the following protocol:

(a)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;

(b)the Agreement between the European Community and the Swiss Confederation on air transport;

(c)the Agreement between the European Community and the Swiss confederation on the carriage of goods and passengers by rail and road;

(d)the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment;

(e)the Agreement between the European Community and the Swiss Confederation on trade in agricultural products;

(f)the Protocol to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products establishing a Common Food Safety Area;

(g)Agreement between the European Union and the Swiss Confederation on electricity;

(h)Agreement between the European Union and the Swiss Confederation on health;

(i)Agreement between the European Union and the Swiss Confederation on Switzerland’s regular financial contribution towards reducing economic and social disparities in the European Union;

(j)Agreement between the European Union and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, on the participation of the Swiss Confederation in Union programmes;

(k)Agreement between the European Union and the Swiss Confederation on the terms and conditions for the participation of the Swiss Confederation in the European Union Agency for the Space Programme.

2. When the Commission represents the Union in the bodies established by the agreements and the protocol referred to in paragraph 1, it shall inform the Council in a timely manner about the discussions and the outcome of the meetings and of the acts adopted in those meetings.

3. Each Member State shall be allowed to send one representative to accompany the Commission representative, as part of the Union delegation, in meetings of the Joint Committees established by the agreements and the protocol referred to in paragraph 1.

Article 4

1. The Commission shall be authorised to adopt the Union’s position in the Joint Committees established by the agreements and the protocol referred to in Article 3(1) with regard to the following decisions:

(a)decisions laying down handling instructions for sensitive non-classified information;

(b)decisions setting up working parties or expert groups in accordance with:

–Article 14(7) of the agreement referred to in Article 3(1), point (a), of this Decision;

–Article 21(8) of the agreement referred to in Article 3(1), point (b), of this Decision;

–Article 51(7) of the agreement referred to in Article 3(1), point (c), of this Decision;

–Article 10(7) of the agreement referred to in Article 3(1), point (d), of this Decision;

–Article 6(7) of the agreement referred to in Article 3(1), point (e), of this Decision;

–Article 11(8) of the protocol referred to in Article 3(1), point (f), of this Decision;

–Article 25(8) of the agreement referred to in Article 3(1), point (g), of this Decision;

–Article 19(7) of the agreement referred to in Article 3(1), point (h), of this Decision;

(c)decisions that integrate Union legal acts in the agreements, subject to any technical adjustments needed, in accordance with:

–the respective Articles 5(4) of the institutional protocols to the agreements referred to in Article 3(1), points (a) to (d), of this Decision;

–Article 13(4) of the protocol referred to Article 3(1), point (f), of this Decision;

–Article 27(4) of the agreement referred to in Article 3(1), point (g), of this Decision;

–Article 6(4) of the agreement referred to in Article 3(1), point (h), of this Decision;

(d)decisions establishing the list of additional committees and other bodies in which Switzerland’s experts shall be involved, where this is required in order to ensure the proper functioning of the agreements or protocols, in accordance with:

–the respective Articles 4(4) of the institutional protocols to the agreements referred to in Article 3(1), points (a) to (d), of this Decision;

–Article 12(4) of the protocol referred to in Article 3(1), point (f), of this Decision;

–Article 26(4) of the agreement referred to in Article 3(1), point (g), of this Decision;

–Article 5(4) of the agreement referred to in Article 3(1), point (h), of this Decision;

(e)decisions adopting the rules on the protection of personal data, professional secrecy and the legitimate interests of confidentiality which the International Bureau of the Permanent Court of Arbitration needs to respect when making the decisions of the arbitral tribunal public, in accordance with the respective Articles IV.2(4) of the following agreements or protocols:

–the respective Appendices to the institutional protocols to the agreements referred to in Article 3(1), points (a) to (d), of this Decision;

–the Appendix on the arbitral tribunal to the protocol referred to in Article 3(1), point (f), of this Decision;

–the respective protocols on the arbitral tribunal to the agreements referred to in Article 3(1), points (e), (g), (h) and (i);

(f)decisions adopting and updating the list of daily compensation and maximum and minimum hours, for which arbitrators can receive fees, in accordance with the respective Articles VI.6(2) of the following agreements or protocols:

–the respective Appendices on the arbitral tribunal to the institutional protocols to the agreements referred to in Article 3(1), points (a) to (d), of this Decision;

–the Appendix of the arbitral tribunal to the protocol referred to in Article 3(1), point (f), of this Decision;

–the respective protocols on the arbitral tribunal to the agreements referred to in Article 3(1), points (e), (g), (h) and (i), of this Decision;

(g)the following decisions under the agreement referred to in Article 3(1), point (c), of this Decision:

–decisions differentiating the charges applicable to categories of heavy good vehicles and determining the weighted average of charges referred to in Articles 40(2) and 40(3) of the agreement, in accordance with its Articles 40(2) and (5);

–decisions reviewing and updating the maximum levels of the charges fixed in Article 40(3) of the agreement; in accordance with its Article 42(2);

–decisions determining the administrative procedures governing the operation of the observatory for the monitoring of road, rail and combined traffic in the Alpine region as well as each Contracting Party’s contribution to the financing of its operation, in accordance with Articles 45(2) and 45(3) of the agreement;

–decisions taken pursuant to Article 46(2) and (4) of the agreement;

–decisions in the context of consensual safeguard measures in the event of serious disturbance of transalpine traffic flows, prejudicing the attainment of the objectives set out in Article 30 of the agreement, in accordance with Article 47 of the agreement;

–decisions to amend Annexes 5, 6, 8 and 9 of the agreement, in accordance with Article 55(3) of the agreement;

–decisions determining the procedure for communicating info between competent authorities on carriers providing such occasional international coach services, in accordance with Article 1, point 2.3., of Annex 7 to the agreement;

–decisions concerning authorisations to run international coach a bus services in the situations described in Article 4 of Annex 7 of the agreement, in accordance with Articles 4(4) and 4(7) of the Annex;

(h)the following decisions under the agreement referred to in Article 3(1), point (d), of this Decision:

–decisions drawing up the procedure for carrying out the verifications provided for in Articles 7 and 8 of the agreement, in accordance with the first and second indent of its Article 10(3), point (d), of the agreement; 

–decisions on the recognition or withdrawal of conformity assessment bodies contested under Article 8 of the agreement, in accordance with the third and fourth indent of Article 10(3), point (e), of the agreement;

–decisions laying down the procedure for joint inspections of compliance by designated bodies with the conditions laid down in Article (2) of Annex 4 to the agreement, in accordance with Article 4(3) of the Annex;

(i)decisions under the agreement referred to in Article 3(1), point (e), of this Decision, as regards:

–matters relating to Annexes 7 to 10 and 12 to the agreement and the Appendices thereto;

–matters relating to Annexes 4 to 6 and 11 to the agreement during the transition period referred to in Article 32 of the protocol referred to in Article 3(1), point (f), of this Decision;

(j)decisions laying down appropriate solutions providing for direct exchange of information between the Commission and Swiss competent authorities and relevant bodies in areas where rapid transfer of information is needed, in accordance with:

–Article 2(2) of Annex 1 to the agreement referred to in Article 3(1), point (d), of this Decision;

–Article 40(3) and 41(2) of the agreement referred to in Article 3(1), point (g), of this Decision.

2. For decisions having legal effects adopted by the Joint Committees established by the agreements or the protocol referred to in Article 3(1), other than the decisions referred to in paragraph 1 of this Article, the positions to be taken on the Union’s behalf shall be established in accordance with the procedure set out in Article 218(9) TFEU.

Article 5

1. Any decision of the Union to take the following measures shall be taken by the Commission:

(a)compensatory measures for the incorrect application of the instruments referred to in Article 3(1), points (a) to (i), of this Decision, with a view to remedying imbalances in accordance with:

–the respective Articles 11 of the institutional protocols to the agreements referred to in Article (3)1, points (a) to (d), of this Decision;

–Article 21 of the protocol referred to Article 3(1), point (f), of this Decision;

–Article 33 of the agreement referred to in Article 3(1), point (g), of this Decision;

–Article 16 of the agreement referred to in Article 3(1), point (h), of this Decision; or

–Article 17 of the agreement referred to in Article 3(1), point (i), of this Decision;

(b)rebalancing and interim rebalancing measures in case safeguard measures taken by Switzerland under the agreement referred to in Article 3(1), point (a), of this Decision, intended to remedy serious economic or social difficulties caused by the application of the agreement have created an imbalance between the respective rights and obligations under the agreement, in accordance with the Articles 14a(3) and 14a(5) of the agreement;

(c)the following measures under the agreement referred to in Article 3(1), point (c), of this Decision:

–unilateral safeguard measures increasing the charges applicable to vehicles in the event of difficulties with transalpine road traffic flows and an under‑utilisation of the Union rail capacity with the aim to make rail and combined transport more competitive vis-à-vis road transport, in accordance with Article 46 of the agreement;

–consensual safeguard measures in the event of serious disturbance of transalpine traffic flows, prejudicing the attainment of the objectives set out in Article 30 of the agreement, in accordance with Article 47 of the agreement;

–crisis measures intended to restore and maintain transalpine traffic flows in the event that those are seriously disrupted for reasons of force majeure, in accordance with Article 48 of the agreement;

(d)safeguard measures in the event that, in connection with the application of Annexes 1, 2 and 3 of the agreement referred to in Article 3(1), point (e), of this Decision, imports of agricultural products originating in Switzerland cause or threaten to cause a serious disturbance in the Union’s common agricultural markets, in accordance with Article 10 of the agreement;

(e)interim safeguard measures in the event that a failure by Switzerland to fulfil an obligation under the Annexes 7 to 10 of the agreement referred to in Article 3(1), point (e), of this Decision, represents a risk of endangering human health or impairing the effectiveness of measures to combat fraud in accordance with Article 26 of Annex 7, Article 16 of Annex 8, Article 9 of Annex 9 and Article 5 of Annex 10 to the agreement;

(f)the suspension or termination of the participation of Switzerland in Union programmes in accordance with Article 19 of the agreement referred to in Article 3(1), point (j), of this Decision;

(g)measures necessary to ensure the integrity of the Union’s Food Safety Area, as set out in Article 15(3) of the protocol referred to in Article 3(l), point (f), of this Decision;

(h)the suspension of the participation of Switzerland in the Union agencies, information systems and other activities listed to which Switzerland has access in accordance with:

–the respective Articles 13(2) of the institutional protocols referred to in Article 3(1), points (a) to (d), of this Decision;

–the respective Articles 9(2), 49(2) and 25(2) of the agreements and the protocol referred to in Articles 3(1), points (f), (g) and (h), of this Decision.

2. In the case of decisions referred to in paragraph 1, points (a) to (f), the Commission shall consult the European Parliament and the Council before taking its decisions. The Commission may set, depending on the urgency of the matter, a time-limit within which the Council and the European Parliament may deliver their opinion.

Article 6

1. The Commission shall adopt the measures necessary for the implementation of the agreement referred to in Article 3(1), point (e), of this Decision as regards:

–the implementation of the tariff concessions set out in Annex 2 and Annex 3 to the agreement as well as amendments and technical adaptations made necessary by amendments to the Combined Nomenclature and TARIC codes;

–the implementation of Title III of Annex 7, Article 14 of Annex 8, Annex 9, Annex 10 and Articles 3, 13 and 15 of Annex 12 to the agreement.

2. During the transition period referred to in Article 32 of the protocol referred to in Article 3(1), point (f), of this Decision, the Commission shall adopt the measures necessary for the implementation of Annexes 4 to 6 and 11 to the agreement referred to in Article 3(1), point (e), of this Decision.

Article 7

1. Articles 2 to 6 of Decision 2002/309/EC, Euratom are repealed.

2. Article 3 of Decision2011/51/EU and Article 3 of Decision 2011/738 are repealed.

Article 8

This Decision shall enter into force on the day of its adoption.