Considerations on COM(2025)159 - Approval of the conclusion of the Agreement with Switzerland on the participation of Switzerland in Union Programmes

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(1) On 12 March 2024, the Council authorised the Commission to open negotiations with the Swiss Confederation for a broad package of measures related to bilateral relations with the Swiss Confederation, comprising of institutional and State aid provisions in, and, where necessary, specific adaptations to agreements between the European Union and the Swiss Confederation in fields related to the internal market, of an agreement on Switzerland’s participation in Union programmes and an agreement that forms the basis for Switzerland’s permanent contribution towards reducing economic and social disparities between regions 6 . The Council had also authorised the Commission to open negotiations with the Swiss Confederation on new agreements on electricity, health and food safety, on the participation of Switzerland in the European Union Agencies for the Space Programme and for Railways, and on the amendment of the Agreement between the European Community and the Swiss Confederation on air transport to allow for cabotage.

(2) The Commission has negotiated, on behalf of the Union, a broad package of agreements which includes an 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 (‘the Agreement’), as well as Protocols on institutional, State aid and amending provisions for agreements between the European Community and the Swiss Confederation in fields related to the internal market in which Switzerland participates, an 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, an Agreement between the European Union and the Swiss Confederation on Health, an Agreement between the European Union and the Swiss Confederation on electricity, a Protocol to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products establishing a Common Food Safety Area, and an 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.

(3) The Agreement covers matters falling under competences of the European Atomic Energy Community (the ‘Community’), namely the association to the Research and Training programme of Euratom and to the European Joint Undertaking for ITER. The Agreement should therefore be concluded on behalf of the Community as regards matters falling under the Treaty establishing the European Atomic Energy Community (the ‘Euratom Treaty’). 

(4) The conclusion by the Commission, acting on behalf of the European Atomic Energy Community, as regards matters falling under the Euratom Treaty, of the Agreement should be approved. The Agreement should be concluded at the same time as other elements of the package and as an integral part of that package.

(5) With the aim to increase the breadth of their cooperation, the Agreement provides that the Parties shall apply it provisionally, in accordance with their respective internal procedures and legislation, as from 1 January 2025, unless the date of signature is after 15 November 2025, in which case the Parties shall apply the Agreement provisionally as from 1 January 2026.

(6) The Agreement should therefore be applied provisionally by the Community as regards matters falling under the Euratom Treaty.

(7) Provisional application should be limited in time as set out in the Agreement and cease at the latest on 31 December 2028 if Switzerland, by that date, has not completed its internal procedures necessary for the entry into force of several agreements included in the broad package. 

(8) The signing, provisional application and conclusion of the Agreement as regards matters falling under the Treaty on the Functioning of the European Union is subject to a separate procedure, under that Treaty,