Important legal notice
 
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Summary of Treaty


GENERAL DATA
Official Title 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
Type of Agreement Bilateral
Place of Signature Luxembourg
Date of Signature 21/06/1999
Date of Entry Into Force 01/06/2002
Duration Definite
Objective of Agreement - To accord a right of entry, residence, access to work as employed persons, establishment on a self-employed basis and the right to stay in the territory of the Contracting Parties;
- to facilitate the provision of services in the territory of the Contracting Parties, and in particular to liberalise the provision of services of brief duration;
- to accord a right of entry into, and residence in, the territory of the Contracting Parties to persons without an economic activity in the host country; and
- to accord the same living, employment and working conditions as those accorded to nationals.
Remarks Joint agreement concluded both by the European Community and the Member States.

Following rejection of the EEA Agreement in a referendum, the only way of mitigating the impact of the no vote involves the conclusion of bilateral agreements. Seven sectoral agreements were adopted simultaneously guaranteeing a package of mutual interest based on a sound balance of advantages for both sides.

To protect against the elimination of any of the seven agreements by referendum, they were adopted by the “Package approach”. Each of them contain a common clause stipulating simultaneous entry into force and application in their entirety.

All seven agreements cease to apply in the event of non-renewal following the initial 7-year period or termination. Indefinitely renewable subject to notification to the contrary or termination. In the event of non-renewal or termination, all of the agreements signed on this date cease to apply (common clause, Article 24).

The Agreement in question – on the free movement of persons – pursues the objective of reciprocally granting the same living, employment and working conditions as those enjoyed by nationals. Based on the principles of non-discrimination on grounds of nationality and of equal treatment, this Agreement guarantees the fundamental rights of entry, residence, working, establishment on a self-employed basis, studying and social security. Mutual recognition of diplomas, certificates and other qualifications is part of this right to occupational and geographical mobility.
OJ Reference L114, 30/04/2002, p. 6
Nature of Agreement Agreement on free movement of persons
Depositary Council of the European Union
Contracting Parties European Atomic Energy Community, European Community, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, Switzerland, United Kingdom
Authentic Texts Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish
Subject Matters External Relations
Western Europe
Clause(s)
Entry into force conditions Article 25 Convention
Settlement of disputes Article 19 Convention
Territorial application Article 24 Convention
Management Joint committee (Article 14)
EU PARTICIPATION
Ratification Status NOT
Conclusion Decision Decision of the Council and of the Commission concerning the scientific and technological cooperation Agreement of 4 April 2002 relating to the conclusion of seven agreements with the Swiss Confederation; OJ L114 of 30/04/2002, p.1
Competence Mixed
Legal Basis Treaty EC: Article 18, 39, 44, 42, 44, 46, 47, 52, 55, 95, 150, 229, 310



Last Update :   11/08/2009