Considerations on COM(2025)309 - Conclusion of a broad package of agreements to consolidate, deepen and expand the bilateral relations with Switzerland - Main contents
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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  |
| date | June 13, 2025 |
(2) In accordance with Council Decision [....] of [date] 32 , a broad package of agreements was signed on [date], subject to its conclusion at a later date. The 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 has been provisionally applied from [date], pending its entry into force.
(3) On 12 March 2024 33 , the Council authorised the Commission to open negotiations with the Swiss Confederation (hereafter also referred to as “Switzerland”) for a broad package of measures related to bilateral relations with Switzerland, comprising of institutional and State aid provisions in, and, where necessary, specific adaptations to, agreements between the Union and Switzerland in fields related to the internal market 34 , 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. The Council had also authorised the Commission to open negotiations with Switzerland on new agreements on electricity, health, food safety, the participation of Switzerland in the European Union Agencies for the Union 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.
(4) The Commission has negotiated, on behalf of the Union, a broad package of agreements which includes protocols on institutional, State aid and amending provisions to existing agreements between the European Community and the Swiss Confederation in fields related to the internal market in which Switzerland participates, a Protocol to the existing Agreement between the European Community and the Swiss Confederation on trade in agricultural products establishing a Common Food Safety Area, an Agreement between the European Union and the Swiss Confederation on electricity, an Agreement between the European Union and the Swiss Confederation on health, 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 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, 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, as well as a Protocol between the European Union and the Swiss Confederation on parliamentary cooperation.
(5) The institutional protocols lay down an obligation for the Joint Committee to integrate all acts of Union law falling within the scope of the agreements as well as provisions to ensure that Switzerland is bound by the rules in question. They ensure the uniform interpretation and application of all agreements in fields related to the internal market in which Switzerland participates and that, where the application of those agreements involves concepts of Union law, these are interpreted and applied in accordance with the case-law of the Court of Justice of the European Union. The institutional protocols lay down an effective mechanism for the resolution of disputes based on arbitration, including the referral to the Court of Justice of the European Union of all questions of Union law arising from the case. In case of non-compliance with the decision of the arbitral tribunal, proportionate compensatory measures may be adopted in the agreement concerned or in any of the agreements in fields related to the internal market in which Switzerland participates.
(6) The amending protocols to the existing agreements make the necessary substantive changes consistent with the new institutional framework. In addition, the amending protocol to the agreement on air transport provides for the mutual exchange of cabotage rights.
(7) The State aid protocols to the existing agreements on air transport and land transport guarantee a level playing field for Switzerland’s participation in the internal market in the areas covered by those agreements. Switzerland will apply substantive and procedural rules, including surveillance and enforcement mechanisms, equivalent to those which apply within the Union.
(8) The amending protocol to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products provides an update of the agreement’s dispute settlement mechanism along the lines of the established practice in trade agreements of the Union.
(9) A separate protocol to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products establishes a Common Food Safety Area covering all dimensions of the food chain. This protocol includes the institutional provisions which are common to all agreements in fields related to the internal market in which Switzerland participates.
(10) The new Agreement between the European Union and the Swiss Confederation on electricity lays down the rules and conditions under which Switzerland can participate in the internal electricity market. The agreement includes the institutional provisions which are common to all agreements in fields related to the internal market in which Switzerland participates as well as rules on State aid which are almost identical to those which apply in the areas of air transport and land transport.
(11) The new Agreement between the European Union and the Swiss Confederation on health aims at strengthening cooperation between the Union and Switzerland regarding serious cross-border threats to health and applies, by analogy, the institutional provisions which are common to the agreements in the fields related to the internal market in which Switzerland participates. This agreement is linked to Switzerland’s participation in the Programme for the Union’s action in the field of health (“EU4Health Programme”).
(12) The new 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 establishes the legal basis and lays down the parameters for Switzerland’s regular financial contribution, within the framework of the broad package, to the reduction of economic and social disparities in the Union. The agreement includes a dispute settlement mechanism; in case of non-compliance with an arbitral ruling, proportionate compensatory measures may be adopted in any of the agreements to which the package relates.
(13) The new 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 will allow Switzerland to participate in several Union programmes open to association of third countries: Horizon Europe, Euratom Research and Training, ITER/F4E (Fusion for Energy), Digital Europe, Erasmus+, as well as EU4Health.
(14) The new 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 lays down the conditions under which Switzerland can participate in the work of the agency.
(15) Identical provisions in the different institutional protocols and new agreements ensure Switzerland’s financial contribution to the costs of the information systems and agencies in which it participates.
(16) The Protocol between the European Union and the Swiss Confederation on parliamentary cooperation establishes a Joint Parliamentary Committee as forum for dialogue and debate between members of the European Parliament and the Swiss Federal Assembly, with a view to furthering the mutual understanding of and reflection on the broad EU-Switzerland relationship, including its possible further development
(17) Due to the substantial changes of the agreements falling within the scope of application of Decision 2002/309/EC, Euratom of the Council and of the Commission 35 , Articles 2 to 6 of that Decision and the respective Articles 3 of Council Decisions 2011/51/EU 36 and 2011/738/EU 37 should be repealed and replaced by this Decision, which provides for a consistent and comprehensive set of rules on the application and implementation in the Union of the relevant agreements.
(18) It is appropriate to define the modalities of the Union’s representation in the Joint Committees and other bodies established by the agreements and protocols that are the subject of this Decision.
(19) Pursuant to Article 218(7) TFEU, it is appropriate to authorise the European Commission to approve on the Union’s behalf a set of precisely defined modifications to the agreements and protocols that are the subject of this Decision which are to be adopted by a simplified procedure or by a body set up by one of the agreements or protocols in accordance with the provisions of those agreements or protocols. All other decisions to be taken by a body set up by one of the agreements or protocols that have legal effects should be approved on the Union’s behalf in accordance with Article 218(9) TFEU.
(20) In that context, it is necessary to establish the arrangements for deciding on the positions to be taken on the Union’s behalf in the Joint Committees and other bodies established by the agreements and the protocol in fields related to the internal market in which Switzerland participates and the Agreement between the European Union and the Swiss Confederation on health in order to guarantee that the legal acts adopted by the Union in the fields covered by those agreements and the protocol are integrated in those agreements and that protocol as soon as possible after adoption and transmission to Switzerland with a view to ensuring the simultaneous application of those legal acts in the Union and Switzerland.
(21) With a view to enabling the Union to take rapid and effective action to protect its interests in accordance with the agreements and protocols that are the subject of this Decision, it is furthermore appropriate to authorise the European Commission to adopt decisions suspending the application of the agreements and protocols by means of compensatory, safeguard, balancing, crisis and suspensive measures in accordance with the conditions set out in the corresponding provisions of the agreements and protocols.
(22) As regards the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, certain measures necessary for the implementation of the Agreement should continue to be adopted by the European Commission.
(23) The agreements and protocols that are the subject of this decision constitute a coherent whole and lay down the architecture of a reinforced and comprehensive partnership in a broad range of areas covered by the Treaties, based on an appropriate balance of rights and obligations. The decision on the conclusion of these agreements and protocols should thus be based on the substantive legal basis provided in the Treaty on the Functioning of the European Union for the establishment of an association involving reciprocal rights and obligations, common action and special procedure.
(24) The conclusion of 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 as regards matters falling under the Treaty establishing the European Atomic Energy Community (the “Euratom Treaty”) is subject to a separate procedure.
(25) The Joint Declaration between the European Union and the Swiss Confederation 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 on behalf of the European Union was signed on behalf of the Union on [date].
(26) The agreements and protocols that are the subject of this Decision and the joint declarations accompanying those agreements and protocols should be approved.