Official Journal L 114 Volume 45 of the European Communities 30 April 2002

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ISSN 0378-6988 Official Journal L 114 Volume 45 of the European Communities 30 April 2002

English edition Legislation

Contents I Acts whose publication is obligatory

......

II Acts whose publication is not obligatory

Council and Commission

2002/309/EC, Euratom:

® Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation ...... 1

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 ...... 6

Final Act ...... 64

Agreement between the European Community and the Swiss Confederation on Air Transport ...... 73

Final Act ...... 87

Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road ...... 91

Final Act ...... 128

Price: EUR 66,00

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. EN The titles of all other Acts are printed in bold type and preceded by an asterisk. Contents (Continued)

Agreement between the European Community and the Swiss Confederation on trade in agricultural products ...... 132

Final Act ...... 350

Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment ...... 369

Final Act ...... 426

Agreement between the European Community and the Swiss Confederation on certain aspects of government procurement ...... 430

Final Act ...... 464

Agreement on Scientific and Technological Cooperation between the European Communities and the Swiss Confederation ...... 468

Final Act ...... 478

Information relating to the entry into force of the seven Agreements with the Swiss Confederation in the sectors free movement of persons, air and land transport, public procurement, scientific and technological cooperation, mutual recognition in relation to conformity assessment, and trade in agricultural products ...... 480

EN 30.4.2002 EN Official Journal of the European Communities L 114/1

(Acts whose publication is not obligatory)

COUNCIL AND COMMISSION

DECISION OF THE COUNCIL, AND OF THE COMMISSION AS REGARDS THE AGREEMENT ON SCIENTIFIC AND TECHNOLOGICAL COOPERATION,

of 4 April 2002

on the conclusion of seven Agreements with the Swiss Confederation

(2002/309/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION, — Agreement between the European Community and the Swiss Confederation on the Carriage of Goods THE COMMISSION OF THE EUROPEAN COMMUNITIES, and Passengers by Rail and Road,

Having regard to the Treaty establishing the European Com- — Agreement between the European Community and munity, and in particular Article 310 in conjunction with the the Swiss Confederation on Trade in Agricultural second sentence of the first subparagraph of Article 300(2) and Products, the second subparagraph of Article 300(3), and Article 300(4) thereof, — Agreement between the European Community and the Swiss Confederation on Mutual Recognition in Having regard to the Treaty establishing the European Atomic Relation to Conformity Assessment, Energy Community, and in particular the second subparagraph of Article 101 thereof, — Agreement between the European Community and the Swiss Confederation on Certain Aspects of Having regard to the proposal from the Commission, Government Procurement,

Having regard to the assent of the European Parliament (1), — Agreement on Scientific and Technological Coop- eration between the European Communities and Having regard to the approval of the Council, the Swiss Confederation.

Whereas: (2) The seven agreements are intimately linked to one (1) In order to pursue the privileged links between the another by the requirement that they are to come into European Union and the Swiss Confederation and their force at the same time and that they are to cease to common desire to widen and strengthen their relations, apply at the same time, six months after the receipt of a the following agreements were signed on 21 June 1999 non-renewal or denunciation notice concerning any one and should be approved: of them.

— Agreement on the Free Movement of Persons between the European Community and its Member (3) As regards the Agreement on the Free Movement of States, of the one part, and the Swiss Confederation, Persons, the undertakings contained in the Agreement of the other part, that fall within the scope of Part Three, Title IV of the Treaty establishing the European Community are not — Agreement between the European Community and binding on the Kingdom of Denmark, Ireland and the the Swiss Confederation on Air Transport, United Kingdom of Great Britain and Northern Ireland as obligations under Community law but as obligations arising from an undertaking between those Member (1) OJ C 41, 7.2.2001, p. 25. States and the Swiss Confederation. L 114/2 EN Official Journal of the European Communities 30.4.2002

(4) As regards the Agreement on Trade in Agricultural 2. According to their terms, the seven agreements shall Products, where appropriate, measures necessary for the come into force at the same time and shall cease to apply at implementation of the first indent of Article 5(3) of the same time, six months after the receipt of a non-renewal this Decision may be adopted in accordance with the or denunciation notice concerning any one of them. procedure laid down in Article 5(4). These measures should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the pro- Article 2 cedures for the exercise of implementing powers conferred on the Commission (1). As regards the Agreement on the Free Movement of Persons, the Community shall be represented on the Joint Committee (5) Certain tasks for implementation have been attributed to set up under Article 14 of the Agreement by a representative the Joint Committees established under the Agreements, of the Commission. The position to be taken by the Com- including the power to amend certain aspects of the munity in the course of the implementation of the Agreement Annexes thereto. The appropriate internal procedures as regards decisions or recommendations of the Joint Com- should be established to ensure the proper functioning mittee shall be laid down by the Council on a proposal of the Agreements and, in certain cases, to empower the from the Commission, in accordance with the corresponding Commission to agree to certain technical amendments provisions of the Treaty establishing the European Community. to the Agreements or to take certain decisions for their implementation, Article 3 HAVE DECIDED AS FOLLOWS:

1. As regards the Agreement on Air Transport, the Com- Article 1 munity shall be represented in the Joint Committee set up under Article 21 of the Agreement by the Commission assisted 1. The following six agreements are hereby approved on by representatives of the Member States. behalf of the European Community:

— Agreement on the Free Movement of Persons between 2. The position to be taken by the Community as regards the European Community and its Member States, of the decisions of the Joint Committee which simply extend acts of one part, and the Swiss Confederation, of the other part, Community legislation to Switzerland, subject to any technical adjustment needed, shall be adopted by the Commission. — Agreement between the European Community and the Swiss Confederation on Air Transport, 3. For other Joint Committee decisions, the Community’s — Agreement between the European Community and the position shall be adopted by the Council, acting by a qualified Swiss Confederation on the Carriage of Goods and majority, on a proposal from the Commission. Passengers by Rail and Road,

— Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products, Article 4

— Agreement between the European Community and the Swiss Confederation on Mutual Recognition in Relation 1. As regards the Agreement on the Carriage of Goods to Conformity Assessment, and Passengers by Rail and Road, the Community shall be represented in the Joint Committee set up under Article 51 of — Agreement between the European Community and the the Agreement by the Commission assisted by representatives Swiss Confederation on Certain Aspects of Government of the Member States. The position to be taken by the Procurement. Community as regards decisions of the Joint Committee shall be adopted: The following agreement is hereby approved on behalf of the European Community and the European Atomic Energy — by the Council, acting by qualified majority on a proposal Community: from the Commission, for the matters contained in Articles 42, 45, 46, 47 and 54 of the Agreement, — Agreement on Scientific and Technological Cooperation between the European Communities and the Swiss Con- federation. — for all other matters, by the Commission in consultation with the Committee established under the first subparagraph of Article 4 of Decision 92/578/EEC (2). The texts of the Agreements are attached to this Decision.

(1) OJ L 184, 17.7.1999, p. 23. (2) OJ L 373, 21.12.1992, p. 26. 30.4.2002 EN Official Journal of the European Communities L 114/3

Article 5 — in respect of matters relating to Annex 8 to the Agree- ment and the Appendices thereto in accordance with the procedure laid down in Article 14 or Article 15 of Regulation (EEC) No 1576/89 (5) or in Article 13 or Article 14 of Regulation (EEC) No 1601/91 (6), 1. As regards the Agreement on Trade in Agricultural Products, the Commission, assisted by Member States’ representatives, shall represent the Community in the Joint — in respect of matters relating to Annex 9 to the Agree- Committee for Agriculture referred to in Article 6(1) of the ment and the Appendices thereto in accordance with the Agreement and in the Joint Veterinary Committee referred to procedure laid down in Article 14 of Regulation (EEC) in Article 19(1) of Annex 11 to the Agreement. No 2092/91 (7),

— in respect of matters relating to Annex 10 to the Agree- ment and the Appendices thereto in accordance with the 2. The Community position within the Joint Committee for procedure laid down in Article 46 of Regulation (EC) Agriculture and the Joint Veterinary Committee shall be No 2200/96 (8). adopted by the Council on a proposal from the Commission, in accordance with the corresponding provisions of the Treaty establishing the European Community. 3. Without prejudice to paragraph 6, the Commission shall adopt the measures necessary for the implementation of the Agreement as regards:

However, the Community position on matters subject to decisions of the Joint Committee for Agriculture as referred to — the implementation of the tariff concessions set out in in Article 6(3) of the Agreement shall be adopted by the Annex 2 and Annex 3 to the Agreement as well as Commission: amendments and technical adaptations made necessary by amendments to the Combined Nomenclature and TARIC codes, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 (9) — in respect of matters relating to Annex 4 to the Agree- or the corresponding provisions of the other Regulations ment and the Appendices thereto in accordance with on the common organisation of the markets, or in the procedure laid down in Article 18 of Directive accordance with the procedure laid down in paragraph 2, 2000/29/EC (1),

— the implementation of Annex 4, in accordance with — in respect of matters relating to Annex 5 to the Agree- the procedure laid down in Article 18 of Directive ment and the Appendices thereto in accordance with 2000/29/EC, the procedure laid down in Article 23 of Directive 70/524/EEC (2), — the implementation of Annex 5, in accordance with the procedure laid down in Article 23 of Directive 70/524/EEC, — in respect of matters relating to Annex 6 to the Agree- ment and the Appendices thereto in accordance with the procedure laid down in Article 21 of Directive — the implementation of Annex 6, in accordance with 66/400/EEC (3) or the corresponding provisions of the the procedure laid down in Article 21 of Directive other Directives in the seeds sector, 66/400/EEC or the corresponding provisions of other Directives in the seeds sector,

— in respect of matters relating to Annex 7 to the Agree- — the implementation of Title III of Annex 7, in accordance ment and the Appendices thereto in accordance with the with the procedure laid down in Article 75 of Regulation procedure laid down in Article 75 of Regulation (EC) (EC) No 1493/1999, No 1493/1999 (4),

(5) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by Council Regulation (EC) No 3378/94 (OJ L 366, 31.12.1994, p. 1). (6) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by Council (1) OJ L 169, 10.7.2000, p. 1. Directive as amended by Commission Regulation (EC) No 2061/96 (OJ L 277, 30.10.1996, p. 1). Directive 2001/33/EC (OJ L 127, 9.5.2001, p. 42). (7) OJ L 198, 22.7.1991, p. 1. Regulation as last amended by (2) OJ L 270, 14.12.1970, p. 1. Directive as last amended by Com- Commission Regulation (EC) No 2491/2001 (OJ L 337, mission Regulation (EC) No 2205/2001 (OJ L 297, 15.11.2001, 20.12.2001, p. 9). p. 3). (8) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by (3) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by Commission Regulation (EC) No 911/2001 (OJ L 129, 11.5.2001, Council Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27). p. 3). (4) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Council (9) OJ L 181, 1. 7.1992, p. 21. Regulation as last amended by Council Regulation (EC) No 2585/2001 (OJ L 345, 29.11.2001, p. 10). Regulation (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1). L 114/4 EN Official Journal of the European Communities 30.4.2002

— the implementation of Article 14 of Annex 8, in accord- Article 6 ance with the procedure laid down in Article 14 of Regulation (EEC) No 1576/89 or in Article 13 of Regu- lation (EEC) No 1601/91, 1. As regards the Agreement on Mutual Recognition in Relation to Conformity Assessment, the Community shall be — the implementation of Annex 9, in accordance with the represented on the Joint Committee set up under Article 10 of procedure laid down in Article 14 of Regulation (EEC) the Agreement, referred to hereafter as the ‘Committee’, by the 2092/91, Commission assisted by the special committee designated by the Council. The Commission shall proceed, after consultation — the implementation of Annex 10, in accordance with the with this special committee, to the appointments, notifications, procedure laid down in Article 46 of Regulation (EC) exchange of information and requests for verification referred No 2200/96, to in Articles 6(3), 7, 8(1), 10(4)(e) and 12 of the Agreement.

— the implementation of Annex 11, in accordance with 1 Article 30 of Directive 72/462/EEC ( ). 2. The position to be taken by the Community in the Committee shall be determined by the Commission, following consultation of the special committee referred to in para- 4. Where appropriate, the necessary measures referred to graph 1, with regard to: in the first indent of paragraph 3 may be adopted in accordance with the procedures set out hereafter. (a) application of Article 1(3) to the chapters of Annex 1;

The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) (b) adoption of the rules of procedure, in accordance with No 2913/92 (2). Article 10(2), and of the verification procedures provided for in Article 10(4)(c) and (d) of the Agreement;

Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. (c) verification of the compliance of conformity assessment bodies and related decisions, in accordance with Article 8 and Article 11(c) of the Agreement; The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. (d) amendments of Sections I to V of all Chapters in Annex I, in accordance with Article 10(4)(a), (b) and (e), and 5. The Customs Code Committee may examine any ques- Article 11 of the Agreement; tion concerning the application of tariff quotas which is raised by its chairman either at the latter’s initiative or at the request of a Member State. (e) amendments of the annexes, in accordance with Article 10(5) of the Agreement, and

6. The Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures (f) the dispute settlement mechanism provided for in in accordance with Article 10 of the Agreement, Article 29 of Article 14 of the Agreement. Annex 7, Article 16 of Annex 8, Article 9 of Annex 9 and Article 5 of Annex 10 thereto. The Council and the Member States shall be notified of such decisions. If the Commission receives a request from a Member State, it shall take a decision 3. In all other cases the position to be taken by the thereon within three working days following receipt of the Community in the Committee shall be determined by the request. Any Member State may refer the Commission’s Council, acting by qualified majority on a proposal from the decision to the Council within three working days of the day Commission. on which they were notified. The Council shall meet without delay. It may, acting by a qualified majority, take a different decision within a period of 30 days of the day on which the Commission’s decision was referred to it. Article 7

(1) OJ L 302, 31.12.1972, p. 28. Directive as last amended by Council 1. As regards the Agreement on Certain Aspects of Govern- Regulation (EC) No 1452/2001 (OJ L 198, 21.7.2001, p. 11). ment Procurement, the Community shall be represented in the (2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Joint Committee set up under Article 11 of the Agreement by Regulation (EC) No 2700/2000 of the European Parliament and the Commission assisted by representatives of the Member of the Council (OJ L 311, 12.12.2000, p. 17). States. 30.4.2002 EN Official Journal of the European Communities L 114/5

2. The Commission is authorised to approve, on behalf of Commission, in accordance with the corresponding provisions the Community, modifications to Annexes I, II, III, IV, VI and of the Treaty establishing the European Community. VII to the Agreement. The Commission shall be assisted in this task by a special committee appointed by the Council. The Article 8 authorisation referred to in the first sentence shall be limited, as far as Annex I is concerned, to the modifications that will The acts or instruments of approval, provided for in each of be necessary if the procedures laid down in Article 8 of the agreements, shall be deposited by the President of the Directive 93/38/EEC were to be applied, as far as Annexes II, Council on behalf of the European Community and also, III and IV are concerned, to the modifications that will be as regards the Agreement on Scientific and Technological necessary if similar procedures were to be applied to the Cooperation, by the President of the Commission on behalf of sectors concerned by these annexes and, as far as Annexes VI the European Atomic Energy Community. and VII are concerned, to the results of future negotiations to be conducted in the framework of the 1996 Government Done at Brussels, 4 April 2002. Procurement Agreement.

For the Council For the Commission 3. In all other cases, the position to be taken by the Community as regards decisions of the Joint Committee shall The President The President be laid down by the Council, on a proposal from the A. ACEBES PANIAGUA R. PRODI L 114/6 EN Official Journal of the European Communities 30.4.2002

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

THE SWISS CONFEDERATION, of the one part,

and

THE EUROPEAN COMMUNITY,

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, of the other part,

hereinafter referred to as ‘the Contracting Parties’,

Convinced that the free movement of persons between the territories of the Contracting Parties is a key factor in the harmonious development of their relations,

Resolved to bring about the free movement of persons between them on the basis of the rules applying in the European Community,

Have decided to conclude this Agreement: 30.4.2002 EN Official Journal of the European Communities L 114/7

I. BASIC PROVISIONS Article 5

Persons providing services Article 1

1. Without prejudice to other specific agreements between Objective the Contracting Parties specifically concerning the provision of services (including the Government Procurement Agreement in so far as it covers the provision of services), persons The objective of this Agreement, for the benefit of nationals of providing services, including companies in accordance with the Member States of the European Community and Switzer- the provisions of Annex I, shall have the right to provide a land, is: service in the territory of the other Contracting Party for a period not exceeding 90 days’ of actual work in a calendar (a) to accord a right of entry, residence, access to work as year. employed persons, establishment on a self-employed basis and the right to stay in the territory of the Contracting Parties; 2. Providers of services shall have the right of entry into, and residence in, the territory of the other Contracting Party:

(b) to facilitate the provision of services in the territory of (a) where they have the right to provide a service under the Contracting Parties, and in particular to liberalise the paragraph 1 or by virtue of the provisions of an agree- provision of services of brief duration; ment mentioned in paragraph 1;

(c) to accord a right of entry into, and residence in, the (b) or, if the conditions specified in (a) are not fulfilled, where territory of the Contracting Parties to persons without an they have received authorisation to provide a service economic activity in the host country; from the competent authorities of the Contracting Party concerned. (d) to accord the same living, employment and working conditions as those accorded to nationals. 3. Nationals of a Member State of the European Community or Switzerland entering the territory of a Contracting Party solely to receive services shall have the right of entry and Article 2 residence.

Non-discrimination 4. The rights referred to in this Article shall be guaranteed in accordance with the provisions laid down in Annexes I, II and III. The quantitative limits of Article 10 may not be relied Nationals of one Contracting Party who are lawfully resident upon as against persons referred to in this Article. in the territory of another Contracting Party shall not, in application of and in accordance with the provisions of Annexes I, II and III to this Agreement, be the subject of any Article 6 discrimination on grounds of nationality. Right of residence for persons not pursuing an economic activity Article 3 The right of residence in the territory of a Contracting Party Right of entry shall be guaranteed to persons not pursuing an economic activity in accordance with the provisions of Annex I relating to non-active people. The right of entry of nationals of one Contracting Party into the territory of another Contracting Party shall be guaranteed in accordance with the provisions laid down in Annex I. Article 7

Other rights Article 4 The Contracting Parties shall make provision, in accordance Right of residence and access to an economic activity with Annex I, for the following rights in relation to the free movement of persons:

The right of residence and access to an economic activity shall (a) the right to equal treatment with nationals in respect of be guaranteed unless otherwise provided in Article 10 and in access to, and the pursuit of, an economic activity, and accordance with the provisions of Annex I. living, employment and working conditions; L 114/8 EN Official Journal of the European Communities 30.4.2002

(b) the right to occupational and geographical mobility II. GENERAL AND FINAL PROVISIONS which enables nationals of the Contracting Parties to move freely within the territory of the host state and to pursue the occupation of their choice; Article 10 (c) the right to stay in the territory of a Contracting Party after the end of an economic activity; Transitional provisions and development of the Agreement (d) the right of residence for members of the family, irrespective of their nationality;

(e) the right of family members to pursue an economic 1. For five years after the entry into force of the Agreement, activity, irrespective of their nationality; Switzerland may maintain quantitative limits in respect of access to an economic activity for the following two categories (f) the right to acquire immovable property in so far as this of residence: residence for a period of more than four months is linked to the exercise of rights conferred by this and less than one year and residence for a period equal to, or Agreement; exceeding, one year. There shall be no restriction on residence for less than four months. (g) during the transitional period, the right, after the end of an economic activity or period of residence in the territory of a Contracting Party, to return there for the From the beginning of the sixth year, all quantitative limits purposes of pursuing an economic activity and the right applicable to nationals of the Member States of the European to have a temporary residence permit converted into a Community shall be abolished. permanent one.

Article 8 2. For a maximum period of two years, the Contracting Parties may maintain the controls on the priority of workers integrated into the regular labour market and wage and Coordination of social security systems working conditions applicable to nationals of the other Contracting Party, including the persons providing services The Contracting Parties shall make provision, in accordance referred to in Article 5. Before the end of the first year, the with Annex II, for the coordination of social security systems Joint Committee shall consider whether these restrictions need with the aim in particular of: to be maintained. It may curtail the maximum period of two years. The controls on the priority of workers integrated into (a) securing equality of treatment; the regular labour market shall not apply to providers of services liberalised by a specific agreement between the (b) determining the legislation applicable; Contracting Parties concerning the provision of services (including the Agreement on certain aspects of government (c) aggregation, for the purpose of acquiring and retaining procurement in so far as it covers the provision of services). the right to benefits, and of calculating such benefits, all periods taken into consideration by the national legislation of the countries concerned; 3. On entry into force of this Agreement and until the end (d) paying benefits to persons residing in the territory of the of the fifth year, each year Switzerland shall reserve, within its Contracting Parties; overall quotas, for employed and self-employed persons of the European Community at least 15 000 new residence permits (e) fostering mutual administrative assistance and cooper- valid for a period equal to, or exceeding, one year and ation between authorities and institutions. 115 500 valid for more than four months and less than one year.

Article 9 4. Notwithstanding the provisions of paragraph 3, the Diplomas, certificates and other qualifications Contracting Parties have agreed on the following arrangements: if, after five years and up to 12 years after the entry In order to make it easier for nationals of the Member States into force of the Agreement, the number of new residence of the European Community and Switzerland to gain access to permits of either of the categories referred to in paragraph 1 and pursue activities as employed and self-employed persons issued to employed and self-employed persons of the European and to provide services, the Contracting Parties shall take the Community in a given year exceeds the average for the three necessary measures, in accordance with Annex III, concerning preceding years by more than 10 %, Switzerland may, for the the mutual recognition of diplomas, certificates and other following year, unilaterally limit the number of new residence qualifications, and coordination of the laws, regulations and permits of that category for employed and self-employed administrative provisions of the Contracting Parties on access persons of the European Community to the average of the to and pursuit of activities as employed and self-employed three preceding years plus 5 %. The following year, the number persons and the provision of services. may be limited to the same level. 30.4.2002 EN Official Journal of the European Communities L 114/9

Notwithstanding the provisions of the previous subparagraph, Article 12 the number of new residence permits issued to employed and self-employed persons of the European Community may not be limited to fewer than 15 000 per year valid for a period More favourable provisions equal to, or exceeding, one year and 115 500 per year valid for more than four months and less than one year. This Agreement shall not preclude any more favourable national provisions which may exist for both nationals of the Contracting Parties and their family members. 5. The transitional provisions of paragraphs 1 to 4, and in particular those of paragraph 2 concerning the priority of workers integrated into the regular labour market and controls Article 13 on wage and working conditions, shall not apply to employed and self-employed persons who, at the time of this Agreement’s entry into force, are authorised to pursue an economic activity Standstill in the territory of the Contracting Parties. Such persons shall in particular enjoy occupational and geographical mobility. The holders of residence permits valid for less than one year The Contracting Parties undertake not to adopt any further shall be entitled to have their permits renewed; the exhaustion restrictive measures vis-à-vis each other’s nationals in fields of quantitative limits may not be invoked against them. The covered by this Agreement. holders of residence permits valid for a period equal to, or exceeding, one year shall automatically be entitled to have their permits extended. Such employed and self-employed Article 14 persons shall therefore enjoy the rights to free movement accorded to established persons in the basic provisions of this Agreement, and in particular Article 7 thereof, from its entry Joint Committee into force. 1. A Joint Committee composed of representatives of the Contracting Parties is hereby established. It shall be responsible 6. Switzerland shall regularly and promptly forward to for the management and proper application of the Agreement. the Joint Committee any useful statistics and information, To that end it shall issue recommendations. It shall take including measures implementing paragraph 2. A Contracting decisions in the circumstances provided for in the Agreement. Party may request a review of the situation within the Joint The Joint Committee shall reach its decisions by mutual Committee. agreement.

7. No quantitative limits may be applied to frontier workers. 2. In the event of serious economic or social difficulties, the Joint Committee shall meet, at the request of either Contracting Party, to examine appropriate measures to remedy the situ- 8. The transitional provisions on social security and the ation. The Joint Committee may decide what measures to take retrocession of unemployment insurance contributions are within 60 days of the date of the request. This period may be laid down in the Protocol to Annex II. extended by the Joint Committee. The scope and duration of such measures shall not exceed that which is strictly necessary to remedy the situation. Preference shall be given to measures Article 11 that least disrupt the working of this Agreement.

Processing of appeals 3. For the purposes of proper implementation of the Agreement, the Contracting Parties shall regularly exchange information and, at the request of either of them, shall consult 1. The persons covered by this Agreement shall have a right each other within the Joint Committee. of appeal to the competent authorities in respect of the application of the provisions of this Agreement. 4. The Joint Committee shall meet as and when necessary and at least once a year. Either Party may request the convening 2. Appeals must be processed within a reasonable period of a meeting. The Joint Committee shall meet within 15 days of time. of a request under paragraph 2.

3. Persons covered by this Agreement shall have the 5. The Joint Committee shall establish its rules of procedure opportunity to appeal to the competent national judicial body which shall contain, inter alia, provisions on the convening of in respect of decisions on appeals, or the absence of a decision meetings, the appointment of the chairman and the chairman’s within a reasonable period of time. term of office. L 114/10 EN Official Journal of the European Communities 30.4.2002

6. The Joint Committee may decide to set up any working Article 19 party or group of experts to assist it in the performance of its duties. Settlement of disputes

Article 15 1. The Contracting Parties may bring a matter under dispute Annexes and Protocols which concerns the interpretation or application of this Agreement to the Joint Committee. The Annexes and Protocols to this Agreement shall form an integral part thereof. The Final Act shall contain the declarations. 2. The Joint Committee may settle the dispute. Any information which might be of use in making possible an in-depth Article 16 examination of the situation with a view to finding an acceptable solution shall be supplied to the Joint Committee. To this end, the Joint Committee shall consider every possible Reference to Community law means to maintain the good functioning of this Agreement.

1. In order to attain the objectives pursued by this Agree- ment, the Contracting Parties shall take all measures necessary to ensure that rights and obligations equivalent to those Article 20 contained in the legal acts of the European Community to which reference is made are applied in relations between them. Relationship to bilateral social security agreements

2. Insofar as the application of this Agreement involves concepts of Community law, account shall be taken of the Unless otherwise provided for under Annex II, bilateral social relevant case-law of the Court of Justice of the European security agreements between Switzerland and the Member Communities prior to the date of its signature. Case-law after States of the European Community shall be suspended on the that date shall be brought to Switzerland’s attention. To ensure entry into force of this Agreement, in so far as the latter covers that the Agreement works properly, the Joint Committee shall, the same subject-matter. at the request of either Contracting Party, determine the implications of such case-law. Article 21 Article 17 Relationship to bilateral agreements on double taxation Development of law

1. As soon as one Contracting Party initiates the process of 1. The provisions of bilateral agreements between Switzer- adopting a draft amendment to its domestic legislation, or as land and the Member States of the European Community on soon as there is a change in the case-law of authorities against double taxation shall be unaffected by the provisions of this whose decisions there is no judicial remedy under domestic Agreement. In particular, the provisions of this Agreement law in a field governed by this Agreement, it shall inform the shall not affect the double taxation agreements’ definition of other Contracting Party through the Joint Committee. ‘frontier workers’.

2. The Joint Committee shall hold an exchange of views on the implications of such an amendment for the proper 2. No provision of this Agreement may be interpreted in functioning of the Agreement. such a way as to prevent the Contracting Parties from distinguishing, when applying the relevant provisions of their fiscal legislation, between taxpayers whose situations are not Article 18 comparable, especially as regards their place of residence.

Revision 3. No provision of this Agreement shall prevent the Con- If a Contracting Party wishes to have this Agreement revised, tracting Parties from adopting or applying measures to ensure it shall submit a proposal to that effect to the Joint Committee. the imposition, payment and effective recovery of taxes or to Amendments to this Agreement shall enter into force after the forestall tax evasion under their national tax legislation or respective internal procedures have been completed, with the agreements aimed at preventing double taxation between exception of amendments to Annexes II and III, which shall be Switzerland, of the one part, and one or more Member States adopted by decision of the Joint Committee and may enter of the European Community, of the other part, or any other into force immediately after that decision. tax arrangements. 30.4.2002 EN Official Journal of the European Communities L 114/11

Article 22 Article 25 Entry into force and duration Relationship to bilateral agreements on matters other than social security and double taxation 1. This Agreement shall be ratified or approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the first day of the second month 1. Notwithstanding the provisions of Articles 20 and 21, following the last notification of deposit of the instruments this Agreement shall not affect agreements linking Switzerland, of ratification or approval of all seven of the following of the one part, and one or more Member States of the agreements: European Community, of the other part, such as those concerning private individuals, economic operators, cross- Agreement on the free movement of persons border cooperation or local frontier traffic, in so far as they are compatible with this Agreement. Agreement on air transport Agreement on the carriage of passengers and goods by road and rail 2. In the event of incompatibilities between such agreements and this Agreement, the latter shall prevail. Agreement on trade in agricultural products Agreement on the mutual recognition of conformity assess- Article 23 ment Agreement on certain aspects of government procurement Acquired rights Agreement on scientific and technological cooperation.

In the event of termination or non-renewal, rights acquired by 2. This Agreement shall be concluded for an initial period private individuals shall not be affected. The Contracting of seven years. It shall be renewed indefinitely unless the Parties shall settle by mutual agreement what action is to be European Community or Switzerland notifies the other Con- taken in respect of rights in the process of being acquired. tracting Party to the contrary before the initial period expires. In the event of such notification, paragraph 4 shall apply.

Article 24 3. The European Community or Switzerland may terminate this Agreement by notifying its decision to the other Party. In the event of such notification, the provisions of paragraph 4 Territorial scope shall apply.

This Agreement shall apply, on the one hand, to the territory 4. The seven Agreements referred to in paragraph 1 shall of Switzerland and, on the other hand, to the territories in cease to apply six months after receipt of notification of non- which the Treaty establishing the European Community is renewal referred to in paragraph 2 or termination referred to applicable and under the conditions laid down by that Treaty. in paragraph 3.

Hecho en Luxemburgo, el veintiuno de junio de mil novecientos noventa y nueve, en doble ejemplar en lenguas alemana, danesa, espan˜ ola, finesa, francesa, griega, inglesa, italiana, neerlandesa, portuguesa y sueca, siendo cada uno de estos textos igualmente auténtico.

Udfærdiget i Luxembourg, den enogtyvende juni nitten hundrede og nioghalvfems, i to eksemplarer på dansk, engelsk, finsk, fransk, græsk, italiensk, nederlandsk, portugisisk, spansk, svensk og tysk, idet hver af disse tekster har samme gyldighed.

Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig in zweifacher Ausfertigung in dänischer, deutscher, englischer, finnischer, französischer, griechischer, italienischer, niederländischer, portugiesischer, spanischer und schwedischer Sprache, wobei jeder dieser Wortlaute gleichermaßen verbindlich ist.

'Εγινε στο Λουξεµβου΄ργο, στις ει΄κοσι µι΄α Ιουνι΄ου χι΄λια εννιακο΄σια ενενη΄ντα εννε΄α, σε δυ΄ο αντι΄τυπα στην αγγλικη΄, γαλλικη΄, γερµανικη΄, δανικη΄, ελληνικη΄, ισπανικη΄, ιταλικη΄, ολλανδικη΄, πορτογαλικη΄, σουηδικη΄ και φινλανδικη΄ γλω΄σσα· καθε΄να απο΄ τα κει΄µενα ει΄ναι εξι΄σου αυθεντικο΄.

Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine, in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of those texts being equally authentic.

Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf, en double exemplaire en langues allemande, anglaise, danoise, espagnole, finnoise, française, grecque, italienne, néerlandaise, portugaise et suédoise, chacun de ces textes faisant également foi. L 114/12 EN Official Journal of the European Communities 30.4.2002

Fatto a Lussemburgo, addı` ventuno giugno millenovecentonovantanove, in duplice esemplare, nelle lingue danese, finlandese, francese, greca, inglese, italiana, olandese, portoghese, spagnola, svedese e tedesca, ciascun testo facente ugualmente fede.

Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig, in twee exemplaren in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle teksten gelijkelijk authentiek.

Feito em Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove, em duplo exemplar nas lı´nguas alema˜, dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, italiana, neerlandesa, portuguesa e sueca, fazendo igualmente fé qualquer dos textos.

Tehty Luxemburgissa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdek- sänkymmentäyhdeksän kahtena kappaleena englannin, espanjan, hollannin, italian, kreikan, portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellä, ja jokainen teksti on yhtä todistusvoimainen.

Utfärdat i Luxemburg den tjugoförsta juni nittonhundranittionio i två exemplar på det danska, engelska, finska, franska, grekiska, italienska, nederländska, portugisiska, spanska, svenska och tyska språket, vilka samtliga texter är lika giltiga.

Pour le Royaume de Belgique Voor het Koninkrijk België Für das Königreich Belgien

Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.

Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland 30.4.2002 EN Official Journal of the European Communities L 114/13

Για την Ελληνικη΄ ∆ηµοκρατι΄α

Por el Reino de Espan˜ a

Pour la République française

Thar cheann Na hE´ireann For Ireland

Per la Repubblica italiana L 114/14 EN Official Journal of the European Communities 30.4.2002

Pour le Grand-Duché de Luxembourg

Voor het Koninkrijk der Nederlanden

Für die Republik O¨ sterreich

Pela Repu´ blica Portuguesa

Suomen tasavallan puolesta För Republiken Finland 30.4.2002 EN Official Journal of the European Communities L 114/15

För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

Por la Comunidad Europea For Det Europæiske Fællesskab Für die Europäische Gemeinschaft Για την Ευρωπαι¨κη΄ Κοινο΄τητα For the European Community Pour la Communauté européenne Per la Comunità europea Voor de Europese Gemeenschap Pela Comunidade Europeia Euroopan yhteisön puolesta På Europeiska gemenskapens vägnar

Für der schweizerischen Eidgenossenschaft Pour la Confédération suisse Per la Confederazione svizzera L 114/16 EN Official Journal of the European Communities 30.4.2002

ANNEX I

FREE MOVEMENT OF PERSONS

I. GENERAL PROVISIONS Nationals of a Contracting Party shall also have the right to visit another Contracting Party or to remain there after a period of employment of less than one year in order to seek Article 1 employment and to reside there for a reasonable amount of time, which may be up to six months, to allow them to find out about the employment opportunities corresponding to Entry and exit their professional qualifications and, if necessary, take the appropriate steps to take up employment. Those seeking employment shall have the right, in the territory of the 1. The Contracting Parties shall allow nationals of the other Contracting Party concerned, to receive the same assistance as Contracting Parties and members of their family within the employment agencies in that state grant to its own nationals. meaning of Article 3 of this Annex and posted persons within They may be excluded from social security schemes for the the meaning of Article 17 of this Annex to enter their territory duration of such residence. simply upon production of a valid identity card or passport. 2. Nationals of the Contracting Parties not pursuing any No entry visa or equivalent requirement may be demanded economic activity in the host State who do not have a right of save in respect of members of the family and posted workers residence pursuant to other provisions of this Agreement shall, within the meaning of Article 17 of this Annex who do not provided they fulfil the preconditions laid down in Chapter V, have the nationality of a Contracting Party. The Contracting have a right of residence. That right shall be substantiated Party concerned shall grant these persons every facility for through the issue of a residence permit. obtaining any necessary visas. 3. The residence or special permit granted to nationals of the Contracting Parties shall be issued and renewed free of 2. The Contracting Parties shall grant nationals of the charge or on payment of a sum not exceeding the charges or Contracting Parties, and members of their family within the taxes which nationals are required to pay for the issue of meaning of Article 3 of this Annex and posted workers within identity cards. The Contracting Parties shall take the necessary the meaning of Article 17 of this Annex, the right to leave measures to simplify the formalities and procedures for their territory simply upon production of a valid identity card obtaining those documents as far as possible. or passport. The Contracting Parties may not demand any exit visa or equivalent requirement from nationals of the other 4. The Contracting Parties may require nationals of the Contracting Parties. other Contracting Parties to report their presence in the territory. The Contracting Parties, acting in accordance with their laws, shall issue to such nationals, or renew, an identity card or Article 3 passport, which shall state in particular the holder’s nationality. Members of the family The passport must be valid at least for all the Contracting Parties and for the countries through which the holder must 1. A person who has the right of residence and is a national pass when travelling between them. Where the passport is the of a Contracting Party is entitled to be joined by the members only document on which the holder may lawfully leave the of his family. An employed person must possess housing for country, its period of validity may not be less than five years. his family which is regarded as of normal standard for national employed persons in the region where he is employed, but this provision may not lead to discrimination between national Article 2 employed persons and employed persons from the other Contracting Party.

Residence and economic activity 2. The following shall be regarded as members of the family, whatever their nationality:

1. Without prejudice to the provisions for the transitional (a) his spouse and their relatives in the descending line who period, which are laid down in Article 10 of this Agreement are under the age of 21 or are dependent; and Chapter VII of this Annex, nationals of a Contracting Party shall have the right to reside and pursue an economic activity (b) his relatives in the ascending line and those of his spouse in the territory of the other Contracting Party under the who are dependent on him; procedures laid down in Chapters II to IV. That right shall be substantiated through the issue of a residence permit or, for (c) in the case of a student, his spouse and their dependent persons from frontier zones, by means of a special permit. children. 30.4.2002 EN Official Journal of the European Communities L 114/17

The Contracting Parties shall facilitate the admission of any Article 5 member of the family not covered by the provisions of this paragraph under (a), (b) and (c), if that person is a dependant Public order or lives in the household of the national of a Contracting Party in the country of provenance. 1. The rights granted under the provisions of this Agree- ment may be restricted only by means of measures which are 3. When issuing a residence permit to members of the justified on grounds of public order, public security or public family of a national of a Contracting Party, the Contracting health. Parties may require only the documents listed below:

(a) the document by virtue of which they entered the 2. In accordance with Article 16 of the Agreement, refer- territory; ence is made to Directives 64/221/EEC (OJ L 56, 4.4.1964, p. 850/64) (1), 72/194/EEC (OJ L 121, 26.5.1972, p. 32) (1) (b) a document issued by the competent authority of the and 75/35/EEC (OJ L 14, 20.1.1975, p. 14) (1). state of origin or provenance proving their relationship;

(c) for dependants, a document issued by the competent authority of the state of origin or provenance certifying II. EMPLOYED PERSONS that they are dependants of the person referred to in paragraph 1 or that they live in his household in that state. Article 6

Rules regarding residence 4. The period of validity of a residence permit issued to a member of the family shall be the same as that of the permit issued to the person on whom he is dependent. 1. An employed person who is a national of a Contracting Party (hereinafter referred to as ‘employed person’) and is employed for a period of one year or more by an employer in 5. The spouse and the dependent children or children aged the host state shall receive a residence permit which is valid under 21 of a person having a right of residence shall have for at least five years from its date of issue. It shall be extended the right to take up an economic activity whatever their automatically for a period of at least five years. When renewed nationality. for the first time, its period of validity may be limited, but not to less than one year, where its holder has been involuntarily unemployed for more than 12 consecutive months. 6. The children of a national of a Contracting Party, whether or not he is pursuing or has pursued an economic activity in the territory of the other Contracting Party, shall be admitted 2. An employed person who is employed for a period of to general education, apprenticeships and vocational training more than three months but less than one year by an employer courses on the same basis as nationals of the host state, if in the host state shall receive a residence permit for the same those children are living in its territory. duration as his contract.

The Contracting Parties shall promote initiatives to enable An employed person who is employed for a period of up to such children to follow the abovementioned courses under the three months does not require a residence permit. best conditions.

3. When issuing residence permits, the Contracting Parties Article 4 may not require an employed person to produce more than the following documents: Right to stay (a) the document by virtue of which he entered their territory; 1. Nationals of a Contracting Party and members of their family shall have the right to stay in the territory of another (b) a contractual statement from the employer or a written Contracting Party after their economic activity has finished. confirmation of engagement.

2. In accordance with Article 16 of the Agreement, refer- 4. A residence permit shall be valid throughout the territory ence is made to Regulation (EEC) No 1251/70 (OJ L 142, of the issuing state. 1970, p. 24) (1) and Directive 75/34/EEC (OJ L 14, 1975, p. 10) (1). 5. Breaks in residence of less than six consecutive months and absences for the purposes of fulfilling military service (1) As in force at the date of signing the Agreement. obligations shall not affect the validity of the residence permit. L 114/18 EN Official Journal of the European Communities 30.4.2002

6. A valid residence permit may not be withdrawn from an 2. An employed person and the members of his family employed person merely on the grounds that he is no longer referred to in Article 3 of this Annex shall enjoy the same tax working, either because he has become temporarily unable to concessions and welfare benefits as national employed persons work owing to an accident or illness, or because he is and members of their family. involuntarily unemployed as certified by the competent employment office. 3. He shall also be entitled on the same basis and on the same terms as national employed persons to education in 7. Completion of the formalities for obtaining a residence vocational training establishments and in vocational retraining permit shall not prevent an applicant immediately taking up and occupational rehabilitation centres. employment under the contract he has concluded.

Article 7 4. Any clause in a collective or individual agreement or in any other collective arrangements concerning access to employment, employment, pay and other terms of employ- Employed frontier workers ment and dismissal, shall be automatically void insofar as it provides for or authorises discriminatory conditions with 1. An employed frontier worker is a national of a Con- respect to foreign employed persons who are nationals of the tracting Party who has his residence in the territory of a Contracting Parties. Contracting Party and who pursues an activity as an employed person in the territory of the other Contracting Party, returning to his place of residence as a rule every day, or at least once a 5. An employed person who is a national of a Contracting week. Party and is employed in the territory of the other Contracting Party shall enjoy equal treatment in terms of membership of trade union organisations and exercise of union rights, includ- 2. Frontier workers shall not require a residence permit. ing the right to vote and right of access to executive or managerial positions within a trade union organisation; he The competent authorities of the state of employment may may be precluded from involvement in the management of nevertheless issue the frontier worker with a special permit for public law bodies and from holding an office governed by a period of at least five years or for the duration of his public law. He shall, moreover, have the right to be eligible for employment where this is longer than three months and less election to bodies representing employees in an undertaking. than one year. It shall be extended for at least five years provided that the frontier worker furnishes proof that he is actually pursuing an economic activity. These provisions shall be without prejudice to laws or regulations in the host state which confer more extensive rights on employed persons from the other Contracting Party. 3. Special permits shall be valid throughout the territory of the issuing state. 6. Without prejudice to the provisions of Article 26 of this Annex, an employed person who is a national of a Contracting Article 8 Party and employed in the territory of the other Contracting Party shall enjoy all the rights and all the advantages accorded Occupational and geographical mobility to national employed persons in terms of housing, including ownership of the housing he needs. 1. Employed persons shall have the right to occupational and geographical mobility throughout the territory of the host Such a worker shall have the same right as nationals to register state. on the housing lists in the region in which he is employed, where such lists exist; he shall enjoy the resultant benefits and 2. Occupational mobility shall include changes of priorities. employer, employment or occupation and changing from employed to self-employed status. Geographical mobility shall If his family has remained in his state of provenance, it shall include changes in the place of work and residence. be considered for this purpose as residing in the said region, where national workers benefit from a similar presumption. Article 9

Equal treatment Article 10

Public service employment 1. An employed person who is a national of a Contracting Party may not, by reason of his nationality, be treated differently in the territory of the other Contracting Party A national of a Contracting Party pursuing an activity as an from national employed persons as regards conditions of employed person may be refused the right to take up employment and working conditions, especially as regards employment in the public service which involves the exercise pay, dismissal, or reinstatement or re-employment if he of public power and is intended to protect the general interests becomes unemployed. of the state or other public bodies. 30.4.2002 EN Official Journal of the European Communities L 114/19

Article 11 2. Self-employed frontier workers shall not require a residence permit. Cooperation in relation to employment services. The relevant authorities of the state concerned may neverthe- The Contracting Parties shall cooperate, within the EURES less issue a self-employed frontier worker with a special permit (European Employment Services) network, in particular in valid for at least five years provided that he produces evidence setting up contacts, matching job vacancies and applications to the competent national authorities that he is pursuing or and exchanging information on the state of the labour market wishes to pursue a self-employed activity. The permit shall be and living and working conditions. extended for at least five years, provided that the frontier worker produces evidence that he is pursuing a self-employed activity. III. SELF-EMPLOYED PERSONS 3. Special permits shall be valid throughout the territory of the issuing state. Article 12

Rules regarding residence Article 14 Occupational and geographical mobility 1. A national of a Contracting Party wishing to become established in the territory of another Contracting Party in 1. Self-employed persons shall have the right to occu- order to pursue a self-employed activity (hereinafter referred pational and geographical mobility throughout the territory of to as a ‘self-employed person’) shall receive a residence permit the host state. valid for a period of at least five years from its date of issue, provided that he produces evidence to the competent national authorities that he is established or wishes to become so. 2. Occupational mobility shall include change of occupation and changing from self-employed to employed status. Geographical mobility shall include changes in the place of 2. The residence permit shall be extended automatically for work and residence. a period of at least five years, provided that the self-employed person produces evidence to the competent national authorities that he is pursuing a self-employed economic activity. Article 15 Equal treatment 3. When issuing residence permits, the Contracting Parties may not require self-employed persons to produce more than 1. As regards access to a self-employed activity and the the following: pursuit thereof, a self-employed worker shall be afforded no less favourable treatment in the host country than that (a) the document by virtue of which he entered their accorded to its own nationals. territory;

(b) the evidence referred to in paragraphs 1 and 2. 2. The provisions of Article 9 of this Annex shall apply mutatis mutandis to the self-employed persons referred to in this Chapter. 4. A residence permit shall be valid throughout the territory of the issuing state. Article 16

5. Breaks in residence of less than six consecutive months Exercise of public authority and absences for the purposes of fulfilling military service obligations shall not affect the validity of the residence permit. A self-employed person may be denied the right to pursue an activity involving, even on an occasional basis, the exercise of 6. Valid residence permits may not be withdrawn from public authority. persons referred to in paragraph 1 merely because they are no longer working owing to temporary incapacity as a result of illness or accident. IV. PROVISION OF SERVICES

Article 13 Article 17

Self-employed frontier workers Persons providing services With regard to the provision of services, the following shall be 1. A self-employed frontier worker is a national of a prohibited under Article 5 of this Agreement: Contracting Party who is resident in the territory of a Contracting Party and who pursues a self-employed activity in (a) any restriction on the cross-frontier provision of services the territory of the other Contracting Party, returning to his in the territory of a Contracting Party not exceeding place of residence as a rule every day or at least once a week. 90 days of actual work per calendar year; L 114/20 EN Official Journal of the European Communities 30.4.2002

(b) any restriction on the right of entry and residence in (b) evidence that they are providing or wish to provide a the cases covered by Article 5(2) of this Agreement service. concerning:

(i) persons providing services who are nationals of the Article 21 Member States of the European Community or Switzerland and are established in the territory of a Contracting Party other than that of the person 1. The total duration of provision of services under receiving services; Article 17(a) of this Annex, whether continuous or consisting of successive periods of provision, may not exceed 90 days of (ii) employees, irrespective of their nationality, of per- actual work per calendar year. sons providing services, who are integrated into one Contracting Party’s regular labour market and posted for the provision of a service in the territory of 2. The provisions of paragraph 1 shall be without prejudice another Contracting Party without prejudice to to the discharge by the person providing a service of his legal Article 1. obligations under the guarantee given to the person receiving the service or to cases of force majeure.

Article 18 Article 22 The provisions of Article 17 of this Annex shall apply to companies formed in accordance with the law of a Member State of the European Community or Switzerland and having 1. The provisions of Articles 17 and 19 of this Annex shall their registered office, central administration or principal place not apply to activities involving, even on an occasional basis, of business in the territory of a Contracting Party. the exercise of public authority in the Contracting Party concerned.

Article 19 2. The provisions of Articles 17 and 19 of this Annex and A person providing services who has the right or has been measures adopted by virtue thereof shall not preclude the authorised to provide a service may, for the purposes of its applicability of laws, regulations and administrative provisions provision, temporarily pursue his activity in the state in which providing for the application of working and employment the service is provided on the same terms as those imposed by conditions to employed persons posted for the purposes of that state on its own nationals, in accordance with the providing a service. In accordance with Article 16 of this provisions of this Annex and Annexes II and III. Agreement, reference is made to Directive 96/71/EC of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, 1 Article 20 p. 1) ( ).

1. Persons referred to in Article 17(b) of this Annex who 3. The provisions of Articles 17(a) and 19 of this Annex have the right to provide a service shall not require a residence shall be without prejudice to the applicability of the laws, permit for periods of residence of 90 days or less. Such regulations and administrative provisions prevailing in all residence shall be covered by the documents referred to in Contracting Parties at the time of this Agreement’s entry into Article 1, by virtue of which they entered the territory. force in respect of:

(i) the activities of temporary and interim employment 2. Persons referred to in Article 17(b) of this Annex who agencies; have the right or have been authorised to provide a service for a period exceeding 90 days shall receive, to substantiate that right, a residence permit for a period equal to that of the (ii) financial services where provision is subject to prior provision of services. authorisation in the territory of a Contracting Party and the provider to prudential supervision by that Contracting Party’s authorities. 3. The right of residence shall apply throughout the territory of Switzerland or the Member State of the European Community concerned. 4. The provisions of Articles 17(a) and 19 of this Annex shall be without prejudice to the applicability of the Con- tracting Parties’ respective laws, regulations and administrative 4. For the purposes of issuing residence permits, the provisions concerning the provision of services of 90 days of Contracting Parties may not require of the persons referred to actual work or less required by imperative requirements in the in Article 17(b) of this Annex more than: public interest.

(a) the document by virtue of which they entered the territory; (1) As in force at the date of signing the Agreement. 30.4.2002 EN Official Journal of the European Communities L 114/21

Article 23 4. A student who does not have a right of residence in the territory of the other Contracting Party on the basis of any Persons receiving services other provision of this Agreement shall be issued with a residence permit for a period limited to that of the training or to one year, if the training lasts for more than one year, 1. A person receiving services within the meaning of provided he satisfies the national authority concerned, by Article 5(3) of this Agreement shall not require a residence means of a statement or, if he chooses, by any other at least permit for a period of residence of three months or less. For a equivalent means, that he has sufficient financial means to period exceeding three months, a person receiving services ensure that neither he, his spouse nor his dependent children shall be issued with a residence permit equal in duration to the will make any claim for social security of the host state during service. He may be excluded from social security schemes their stay, and provided he is registered in an approved during his period of residence. establishment for the purpose of following, as his principal activity, a vocational training course and has all-risks sickness 2. A residence permit shall be valid throughout the territory insurance cover. This Agreement does not regulate access to of the issuing state. vocational training or maintenance assistance given to the students covered by this Article.

V. PERSONS NOT PURSUING AN ECONOMIC ACTIVITY 5. A residence permit shall automatically be extended for at least five years provided that the eligibility conditions are still met. Residence permits for students shall be extended Article 24 annually for a duration equal to the remaining training period. Rules regarding residence 6. Breaks in residence of less than six consecutive months 1. A person who is a national of a Contracting Party not and absences for the purposes of fulfilling military service pursuing an economic activity in the state of residence and obligations shall not affect the validity of the residence permit. having no right of residence pursuant to other provisions of this Agreement shall receive a residence permit valid for at least five years provided he proves to the competent national 7. A residence permit shall be valid throughout the territory authorities that he possesses for himself and the members of of the issuing state. his family:

(a) sufficient financial means not to have to apply for social 8. The right of residence shall obtain for as long as assistance benefits during their stay; beneficiaries of that right fulfil the conditions laid down in paragraph 1. (b) all-risks sickness insurance cover (1).

The Contracting Parties may, if they consider it necessary, require the residence permit to be revalidated at the end of the VI. PURCHASE OF IMMOVABLE PROPERTY first two years of residence.

Article 25 2. Financial means shall be considered sufficient if they exceed the amount below which nationals, having regard to their personal situation and, where appropriate, that of their 1. A national of a Contracting Party who has a right of family, can claim social security benefits. Where that condition residence and his principal residence in the host state shall cannot be applied, the applicant’s financial means shall be enjoy the same rights as a national as regards the purchase of regarded as sufficient if they are greater than the level of the immovable property. He may set up his principal residence in minimum social security pension paid by the host state. the host state at any time in accordance with the relevant national rules irrespective of the duration of his employment. 3. Persons who have been employed for less than one year Leaving the host state shall not entail any obligation to dispose in the territory of a Contracting Party may reside there provided of such property. they comply with the conditions set out in paragraph 1 of this Article. The unemployment benefits to which they are entitled under national law which is, where appropriate, 2. The national of a Contracting Party who has a right of complemented by the provisions of Annex II, shall be con- residence but does not have his principal residence in the host sidered to be financial means within the meaning of para- state shall enjoy the same rights as a national as regards the graphs 1(a) and 2 of this Article. purchase of immovable property needed for his economic activity. Leaving the host state shall not entail any obligation to dispose of such property. He may also be authorised to (1) In Switzerland, sickness insurance for persons who do not elect purchase a second residence or holiday accommodation. This to make it their domicile must include accident and maternity Agreement shall not affect the rules applying to pure capital cover. investment or business of unbuilt land and apartments. L 114/22 EN Official Journal of the European Communities 30.4.2002

3. A frontier worker shall enjoy the same rights as a (b) Persons who have previously held seasonal employ- national as regards the purchase of immovable property for ment in the territory of the host state for a total of his economic activity and as a secondary residence. Leaving not less than 50 months during the last 15 years the host state shall not entail any obligation to dispose of such and do not meet the conditions of entitlement to a property. He may also be authorised to purchase holiday residence permit in accordance with the provisions accommodation. This Agreement shall not affect the rules of subparagraph (a) above shall automatically have applying in the host state to pure capital investment or the right to take up employment for an unlimited business of unbuilt land and apartments. duration.

Article 28 VII. TRANSITIONAL PROVISIONS AND DEVELOPMENT OF THE AGREEMENT Employed frontier workers

Article 26 1. An employed frontier worker is a national of a Con- tracting Party who has his normal place of residence in the General provisions frontier zones of Switzerland or neighbouring states and who pursues an activity as an employed person in the frontier 1. When the quantitative restrictions laid down in zones of another Contracting Party returning as a rule to his Article 10 of this Agreement are applied, the provisions principal residence every day, or at least once a week. For the contained in this Chapter shall supplement or replace the other purposes of this Agreement, frontier zones shall mean the provisions of this Annex, as the case may be. zones defined in the agreements concluded between Switzer- land and its neighbours concerning movement in frontier zones. 2. When the quantitative restrictions laid down in Article 10 of this Agreement are applied, the pursuit of an economic activity shall be subject to the issue of a residence 2. The special permit shall be valid throughout the frontier and/or a work permit. zone of the issuing state.

Article 29 Article 27 Employed persons’ right to return Rules relating to the residence of employed persons 1. An employed person who, on the date this Agreement 1. The residence permit of an employed person who has an entered into force, was holding a residence permit valid for at employment contract for a period of less than one year shall least one year and who has then left the host country shall be be extended for up to a total of 12 months provided that the entitled to preferential access to the quota for a new residence employed person furnishes proof to the competent national permit within six years of his departure provided he proves authorities that he is able to pursue an economic activity. A that he is able to pursue an economic activity. new residence permit shall be issued provided that the employed person furnishes proof that he is able to pursue an economic activity and that the quantitative limits laid down in 2. A frontier worker shall have the right to a new special Article 10 of this Agreement have not been reached. There permit within six years of the end of his previous employment shall be no obligation to leave the country between two over an uninterrupted period of three years, subject to employment contracts in accordance with Article 24 of this verification of his pay and working conditions if he is Annex. employed for the two years following the Agreement’s entry into force, provided he proves to the competent national authorities that he is able to pursue an economic activity. 2. During the period referred to in Article 10(2) of this Agreement, a Contracting Party may require that a written contract or draft contract be produced before issuing a first 3. Young persons who have left the territory of a Con- tracting Party after residing there for at least five years before residence permit. the age of 21 shall have the right for a period of four years to return to that country and pursue an economic activity. 3. (a) Persons who have previously held temporary jobs in the territory of the host state for at least Article 30 30 months shall automatically have the right to take up employment for an unlimited duration (1). They Employed persons’ occupational may not be denied this right on the grounds that the and geographical mobility number of residence permits guaranteed has been exhausted. 1. An employed person holding a residence permit valid for less than one year shall, for the twelve months following (1) They shall not be subject to the priority accorded to workers the commencement of his employment, have the right to integrated into the regular labour market or monitoring of occupational and geographical mobility. The right to change compliance with wage and employment conditions in a particular from employed to self-employed status shall also be allowed sector or place. subject to compliance with Article 10 of this Agreement. 30.4.2002 EN Official Journal of the European Communities L 114/23

2. Special permits issued to employed frontier workers shall pursuing a self-employed activity. If necessary, the six-month confer the right to occupational and geographical mobility period may be extended by a maximum of two months if there within all the frontier zones of Switzerland or its neighbouring is a genuine likelihood that he will produce such proof. states. 3. Special permits shall be valid throughout the frontier Article 31 zone of the issuing state.

Rules relating to the residence of self-employed persons Article 33

A national of a Contracting Party wishing to become estab- Self-employed persons’ right to return lished in the territory of another Contracting Party in order to pursue a self-employed activity (hereinafter referred to as a 1. A self-employed person who has held a residence permit ‘self-employed worker’) shall receive a residence permit valid valid for a period of at least five years and who has left the for a period of six months. He shall receive a residence permit host state shall have the right to a new permit within six years valid for at least five years provided that he proves to the of his departure provided he has already worked in the host competent national authorities before the end of the six- country for an uninterrupted period of three years and proves month period that he is pursuing a self-employed activity. If to the competent national authorities that he is able to pursue necessary, the six-month period may be extended by a an economic activity. maximum of two months if there is a genuine likelihood that he will produce such proof. 2. A self-employed frontier worker shall have the right to a new special permit within a period of six years of the Article 32 termination of previous activity lasting for an uninterrupted period of four years provided he proves to the competent Self-employed frontier workers national authorities that he is able to pursue an economic activity. 1. A self-employed frontier worker is a national of a Contracting Party who is ordinarily resident in the frontier 3. Young persons who have left the territory of a Con- zones of Switzerland or neighbouring states and who pursues tracting Party after residing there for at least five years before a self-employed activity in the frontier zones of the other the age of 21 shall have the right for a period of four years to Contracting Party returning as a rule to his principal residence return to that country and pursue an economic activity. in principle every day or at least once a week. For the purposes of this Agreement, frontier zones shall mean the zones defined Article 34 in the agreements concluded between Switzerland and its neighbouring states concerning movement in frontier zones. Self-employed persons’ occupational and geographical mobility 2. A national of a Contracting Party who wishes in his capacity as a frontier worker to pursue a self-employed activity Special permits issued to self-employed frontier workers shall in the frontier zones of Switzerland or its neighbouring states confer the right to occupational and geographical mobility shall receive a preliminary six-month special permit in advance. within the frontier zones of Switzerland or its neighbouring He shall receive a special permit for a period of at least five states. Preliminary six-month residence permits issued in years provided that he proves to the competent national advance (in the case of frontier workers, special permits) shall authorities, before the end of that six-month period, that he is confer the right only to geographical mobility. L 114/24 EN Official Journal of the European Communities 30.4.2002

ANNEX II

CO-ORDINATION OF SOCIAL SECURITY SCHEMES

Article 1

1. The contracting parties agree, with regard to the coordination of social security schemes, to apply among themselves the Community acts to which reference is made, as in force at the date of signature of the Agreement and as amended by section A of this Annex, or rules equivalent to such acts.

2. The term ‘Member State(s)’ contained in the acts referred to in section A of this Annex shall be understood to include Switzerland in addition to the States covered by the relevant Community acts.

Article 2

1. For the purposes of applying the provisions of this Annex, the contracting parties shall take into consideration the Community acts referred to in or amended by section B of this Annex.

2. For the purposes of applying the provisions of this Annex, the contracting parties shall take note of the Community acts referred to in section C of this Annex.

Article 3

1. The arrangements relating to unemployment insurance for Community workers holding a Swiss residence permit valid for less than one year are set out in a protocol to this Annex.

2. The protocol forms an integral part of this Annex.

SECTION A: ACTS REFERRED TO

1. 371 R 1408 (1): Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community,

(1) N.B. The Community acquis as applied by the EC Member States within the European Community when this Agreement is signed:

The principles of aggregation of entitlements to unemployment benefit and its provision in the State of last employment apply irrespective of the duration of employment.

Persons who have been employed for a period of less than one year within the territory of a Member State may, in order to seek a new job, reside there after the end of their employment for a reasonable period, which may be up to six months, for the purpose of identifying offers of jobs corresponding to their professional qualifications and, if necessary, taking the steps required to obtain employment. These persons may also remain after the end of their employment if they have sufficient financial means to support themselves and the members of their families without having to draw on welfare benefits during their stay, and if they have sickness insurance cover for all risks. Unemployment benefit to which they are entitled under national legislation, and which may if necessary be supplemented under aggregation rules, is to be regarded as such financial means. Financial means are deemed adequate if they exceed the amount below which nationals of the State concerned may, while taking into account their personal circumstances and possibly those of their families, claim welfare benefits. If this precondition is not applicable, the financial means of the applicant are considered adequate if they exceed the level of the minimum social security pension granted by the host State.

Seasonal workers may exercise their rights to unemployment benefits in the State of last employment regardless of when the season concerned comes to an end. They may remain after the end of their employment provided that they satisfy the conditions mentioned in the previous paragraph. If they make themselves available for work in the State of residence, they will receive unemployment benefits in that State in accordance with the provisions of Article 71 of Regulation (EEC) no 1408/71.

Frontier workers may make themselves available for work in the State of residence or in the State of last employment if they have maintained personal and professional links and thus have better prospects of finding employment there. They will draw unemployment benefits in the State in which they make themselves available for work. 30.4.2002 EN Official Journal of the European Communities L 114/25

as updated by:

‘3 9 7 R 1 1 8 : Council Regulation (EC) No 118/97 of 2 December 1996 (OJ L 28, 30.1.1997, p. 1) modifying and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71.

3 9 7 R 1 2 9 0 : Council Regulation (EC) No 1290/97 of 27 June 1997 (OJ L 176, 4.7.1997, p. 1) modifying Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self- employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71.

3 9 8 R 1 2 2 3 : Council Regulation (EC) No 1223/98 of 4 June 1998 (OJ L 168, 13.6.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self- employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71.

3 9 8 R 1 6 0 6 : Council Regulation (EC) No 1606/98 of 29 June 1998 (OJ L 209, 25.7.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self- employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71.

3 9 9 R 3 0 7 : Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ L 38, 12.2.1999, p. 1) amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self- employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 with a view to extending them to cover students.

For the purposes of this Agreement, the Regulation shall be adapted as follows:

(a) Article 95a shall not be applicable;

(b) Article 95b shall not be applicable;

Switzerland

If a Swiss institution is the competent institution for granting healthcare benefits in accordance with Title III Chapter 1 of the Regulation:

An employed worker within the meaning of the Federal Old-Age and Survivors’ Insurance Act shall be deemed an ‘employed person’ within the meaning of Article 1(a)(ii) of the Regulation.

A self-employed worker within the meaning of the Federal Old-Age and Survivors’ Insurance Act shall be deemed a ‘self-employed person’ within the meaning of Article 1(a)(ii) of the Regulation.

(d) The following shall be added to Annex I, section II:

Switzerland

For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Title III Chapter 1 of the Regulation, ‘member of the family’ shall mean the spouse as well as the children under the age of 18 and those under the age of 25 attending school, pursuing studies or undergoing an apprenticeship.

(e) The following shall be added to Annex II, section I:

Switzerland

The cantonal schemes (Graubünden, Lucerne, St. Gallen) for family allowances for self-employed persons. L 114/26 EN Official Journal of the European Communities 30.4.2002

(f) The following shall be added to Annex II, section II:

Switzerland

Birth grants and adoption grants pursuant to the relevant cantonal legislation on family benefits (Fribourg, Geneva, Jura, Lucerne, Neuchâtel, Schaffhausen, Schwyz, Solothurn, Uri, Valais, Vaud).

(g) The following shall be added to Annex II, section III:

Switzerland

Does not apply.

(h) The following shall be added to Annex IIa:

Switzerland

(a) Supplementary benefits (Federal Supplementary Benefits Act of 19 March 1965) and similar benefits provided for under cantonal legislation.

(b) Pensions in the case of hardship under invalidity insurance (Article 28 subpara. 1a of the Federal Invalidity Insurance Act of 19 June 1959, as amended on 7 October 1994).

(i) The following shall be added to Annex III, Part A:

Germany-Switzerland

(a) Convention on social security of 25 February 1964, as amended by Complementary Conventions No 1 of 9 September 1975 and No 2 of 2 March 1989:

(i) Article 4(2) as regards the payment of cash benefits to persons resident in a third country

(ii) point 9b, paragraph 1, Nos 2-4 of the Final Protocol

iii) point 9e, paragraph 1(b), first, second and fourth sentences, of the Final Protocol.

(b) Convention on unemployment insurance of 20 October 1982, as amended by the Additional Protocol of 22 December 1992,

(i) Article 7(1)

(ii) Article 8(5). Germany (district of Büsingen) shall contribute a sum equivalent to the cantonal contribution under Swiss law towards the cost of actual places on employment-promotion measures for workers subject to this provision.

Austria-Switzerland

Article 4 of the Convention on social security of 15 November 1967, as amended by Complementary Conventions No 1 of 17 May 1973, No 2 of 30 November 1977, No 3 of 14 December 1987 and No 4 of 11 December 1996, as regards the payment of cash benefits to persons resident in a third country.

Belgium-Switzerland

(a) Article 3(1) of the Convention on social security of 24 September 1975 as regards the payment of cash benefits to persons resident in a third country.

(b) Point 4 of the Final Protocol to the said Convention as regards the payment of cash benefits to persons resident in a third country. 30.4.2002 EN Official Journal of the European Communities L 114/27

Denmark-Switzerland

Article 6 of the Convention on social security of 5 January 1983, as amended by Complementary Conventions No 1 of 18 September 1985 and No 2 of 11 April 1996, as regards the payment of cash benefits to persons resident in a third country.

Spain-Switzerland

(a) Article 2 of the Convention on social security of 13 October 1969, as amended by the Complementary Convention of 11 June 1982, as regards the payment of cash benefits to persons resident in a third country.

(b) Point 17 of the Final Protocol to the above Convention; persons insured under the Spanish scheme by virtue of this provision are exempted from the requirement to join the Swiss sickness insurance scheme.

Finland-Switzerland

Article 5(2) of the Convention on social security of 28 June 1985.

France-Switzerland

Article 3(1) of the Convention on social security of 3 July 1975, as regards the payment of cash benefits to persons resident in a third country.

Greece-Switzerland

Article 4 of the Convention on social security of 1 June 1973, as regards the payment of cash benefits to persons resident in a third country.

Italy-Switzerland

(a) Article 3, second sentence, of the Convention on social security of 14 December 1962, as amended by Complementary Convention No 1 of 18 December 1963, the Complementary Agreement of 4 July 1969, the Additional Protocol of 25 February 1974 and Complementary Agreement No 2 of 2 April 1980, as regards the payment of cash benefits to persons resident in a third country.

(b) Article 9(1) of the said Convention.

Luxembourg-Switzerland

Article 4(2) of the Convention on social security of 3 June 1969, as amended by the Complementary Convention of 26 March 1976.

Netherlands-Switzerland

Article 4, second sentence, of the Convention on social security of 27 May 1970.

Portugal-Switzerland

Article 3, second sentence, of the Convention on social security of 11 September 1975, as amended by the Complementary Convention of 11 May 1994, as regards the payment of cash benefits to persons resident in a third country.

United Kingdom-Switzerland

Article 3 (1) and (2) of the Convention on social security of 21 February 1968, as regards the payment of cash benefits to persons resident in a third country. L 114/28 EN Official Journal of the European Communities 30.4.2002

Sweden-Switzerland

Article 5 (2) of the Convention on social security of 20 October 1978.

(j) The following shall be added to Annex III, Part B:

Germany-Switzerland

(a) Article 4(2) of the Convention on social security of 25 February 1964, as amended by Complemen- tary Conventions No 1 of 9 September 1975 and No 2 of 2 March 1989, as regards the payment of cash benefits to persons resident in a third country.

(b) Convention on unemployment insurance of 20 October 1982, as amended by the Additional Protocol of 22 December 1992,

(i) Article 7(1)

Austria-Switzerland

Belgium-Switzerland

(a) Article 3(1) of the Convention on social security of 24 September 1975, as regards the payment of cash benefits to persons resident in a third country.

(b) Point 4 of the Final Protocol to the said Convention, as regards the payment of cash benefits to persons resident in a third country.

Denmark-Switzerland

Spain-Switzerland

Finland-Switzerland

Article 5(2) of the Convention on social security of 28 June 1985.

France-Switzerland

Article 3(1) of the Convention on social security of 3 July 1975, as regards the payment of cash benefits to persons resident in a third country. 30.4.2002 EN Official Journal of the European Communities L 114/29

Greece-Switzerland

Article 4 of the Convention on social security of 1 June 1973, as regards the payment of cash benefits to persons resident in a third country.

Italy-Switzerland

(a) Article 3, second sentence, of the Convention on social security of 14 December 1962, as amended by the Complementary Convention of 18 December 1963, the Complementary Agreement of 4 July 1969, the Additional Protocol of 25 February 1974 and Complementary Agreement No 2 of 2 April 1980, as regards the payment of cash benefits to persons resident in a third country.

(b) Article 9(1) of the said Convention.

Luxembourg-Switzerland

Article 4(2) of the Convention on social security of 3 June 1967, as amended by the Complementary Convention of 26 March 1976.

Netherlands-Switzerland

Article 4, second sentence, of the Convention on social security of 27 May 1970.

Portugal-Switzerland

United Kingdom-Switzerland

Article 3 (1) and (2) of the Convention on social security of 21 February 1968, as regards the payment of cash benefits to persons resident in a third country.

Sweden-Switzerland

Article 5 (2) of the Convention on social security of 20 October 1978.

(k) The following shall be added to Annex IV, Part A:

Switzerland

None.

(l) The following shall be added to Annex IV, Part B:

Switzerland

None.

(m) The following shall be added to Annex IV, part C:

Switzerland

All claims for old-age, survivors’ and invalidity pensions under the basic scheme and old-age pensions under the occupational benefit plans. L 114/30 EN Official Journal of the European Communities 30.4.2002

(n) The following shall be added to Annex IV, Part D2: Survivors’ and invalidity pensions under the Federal Law on occupational benefits plans for old-age, survivors’ and invalidity insurance of 25 June 1982.

(o) The following shall be added to Annex VI:

1. Article 2 of the Federal Old-Age and Survivors’ Insurance Act and Article 1 of the Federal Invalidity Insurance Act, which govern voluntary insurance in these insurance branches for Swiss nationals resident in States not subject to this Agreement, shall be applicable to persons resident outside Switzerland who are nationals of the other States to which this Agreement applies, and to refugees and stateless persons resident in the territory of these States, where these persons join the voluntary insurance scheme not later than one year after the date on which they ceased to be covered by old- age, survivors’ and invalidity insurance after a continuous period of insurance of at least five years.

2. Where a person ceases to be insured under Swiss old-age, survivors’ and invalidity insurance after a continuous period of insurance of at least five years, he shall continue to be entitled to be insured with the agreement of the employer if he works in a State to which this Agreement does not apply for an employer in Switzerland and if he submits an application to this effect within six months of the date on which he ceases to be insured.

3. Compulsory cover under the Swiss sickness insurance scheme and possible exemptions

(a) Compulsory insurance under the Swiss sickness insurance scheme shall cover the following persons not resident in Switzerland:

(i) persons subject to Swiss legal provisions under the terms of Title II of the Regulation

(ii) persons for whom Switzerland is the competent State under Articles 28, 28a or 29 of the Regulation

(iii) persons receiving Swiss unemployment insurance benefits

(iv) members of the family of these persons or of a worker resident in Switzerland who is insured under the Swiss sickness insurance scheme, except if these family members are resident in one of the following States: Denmark, Spain, Portugal, Sweden, United Kingdom.

(b) Persons referred to in a) may, on request, be exempted from compulsory insurance if they are resident in one of the following States and can prove that they are eligible there for cover in the event of sickness: Germany, Austria, Finland, Italy and, with regard to persons referred to in a) i)-iii), Portugal. This request must be submitted within three months of the date on which the obligation to take out insurance in Switzerland comes into effect; where the request is submitted after this deadline, the insurance shall take effect as from the date of affiliation.

4. Persons resident in Germany, Austria, Belgium or the Netherlands but with sickness insurance cover in Switzerland shall, when in Switzerland, benefit from the application by analogy of Article 20, first and second sentences, of the Regulation. In these cases, the Swiss insurer shall bear all invoiced costs.

5. For the purposes of applying Articles 22, 22a, 22b, 22c, 25 and 31 of the Regulation, the Swiss insurer shall bear all invoiced costs.

6. Sickness insurance benefits paid by the institution of the place of residence to the persons referred to in 4 shall be reimbursed in accordance with Article 93 of Regulation (EEC) No 574/72.

7. Periods of daily allowance insurance completed under the insurance scheme of another State to which this Agreement applies shall be taken into account for reducing or lifting a possible reserve in daily allowance insurance in the event of maternity or sickness where the person becomes insured with a Swiss insurer within three months of ceasing to be covered by insurance in another country.

8. An employed or self-employed person who is no longer subject to Swiss legislation on invalidity insurance shall, for the purposes of Title III Chapter 3 of the Regulation, be regarded as being insured by that insurance for the purposes of granting of an ordinary invalidity pension

(a) for a period of one year with effect from the day on which work preceding invalidity was interrupted, if he had to give up his gainful employment or self-employment in Switzerland owing to an accident or an illness and if the invalidity was diagnosed in this country; he shall be obliged to pay contributions to old-age, survivors’ and invalidity insurance as if he were domiciled in Switzerland 30.4.2002 EN Official Journal of the European Communities L 114/31

(b) for the period for which he undergoes rehabilitation measures under invalidity insurance after having ceased his gainful employment or self-employment; he shall then remain subject to the obligation to pay contributions to old-age, survivors’ and invalidity insurance

(i) if he is insured under the old-age, survivors’ or invalidity insurance of another State to which this Agreement applies on the date on which the risk insured against materialises within the meaning of Swiss legislation on invalidity insurance; or

(ii) if he is entitled to claim a pension under the invalidity or old-age insurance of another State to which the Agreement applies or if he receives such a pension; or

(iii) if he is incapable of working while subject to the legislation of another State to which the Agreement applies and is entitled to claim the payment of benefits from a sickness or accident insurance scheme of that State or if he receives such benefit; or

(iv) if he is entitled to claim, because of unemployment, the payment of benefits from the unemployment insurance scheme of another State to which the Agreement applies or if he receives such benefit; or

(v) if he has worked in Switzerland as a frontier worker and if, during the three years immediately preceding the materialisation of the risk within the meaning of Swiss legislation, he has paid contributions for at least twelve months in accordance with that legislation.

9. Point 8 a) shall apply by analogy to the granting of rehabilitation measures under Swiss invalidity insurance.

(p) The following shall be added to Annex VII: Pursuit of self-employment in Switzerland and of employment in any other State to which this Agreement applies.’

2. 3 7 2 R 0 5 7 4 : Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community.

as updated by:

3 9 7 R 1 2 9 0 : Council Regulation (EC) No 1290/97 of 27 June 1997 (OJ L 176, 4.7.1998, p. 1) modifying Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self- employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71

3 9 9 R 3 0 7 : Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ L 38, 12.2.1999, p. 1) amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self- employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying downthe procedure for implementing Regulation (EEC) No 1408/71 with a view to extending them to cover students. L 114/32 EN Official Journal of the European Communities 30.4.2002

For the purposes of this Agreement, the Regulation shall be adapted as follows:

(a) The following shall be added to Annex 1:

Switzerland

1. Bundesamt für Sozialversicherung, Bern — Office fédéral des assurances sociales, Berne — Ufficio federale delle assicurazioni sociali, Berna (Federal Social Insurance Office, Berne).

2. Bundesamt für Wirtschaft und Arbeit, Bern — Office fédéral du développement économique et de l’emploi, Berne — Ufficio federale dello sviluppo economico e del lavoro, Berna (Federal Office for Industry and Labour, Berne).

(b) The following shall be added to Annex 2:

Switzerland

1. Sickness and maternity

Versichherer — Assureur — Assicuratore (Insurer) under the Federal Sickness Insurance Act providing cover to the person concerned.

2. Invalidity

(a) Invalidity insurance:

(i) Persons resident in Switzerland: IV Stelle — Office AI — Ufficio AI (Invalidity insurance office) of the canton in which they are resident.

(ii) Persons not resident in Switzerland: IV-Stelle für Versicherte im Ausland, Genf — Office AI pour les assurés à l’étranger, Genève — Ufficio AI per gli assicurati all’estero, Ginevra (Invalidity insurance office for persons insured abroad, Geneva)

(b) Occupational benefit plans: Pension fund of which the most recent employer is a member.

3. Old age and death

(a) Old-age and survivors’ insurance:

(i) Persons resident in Switzerland: Ausgleichskasse — Caisse de compensation — Cassa di compensazione, à laquelle les contributions ont été payées en dernier lieu (Compensation fund) to which contributions have been paid most recently.

(ii) Persons not resident in Switzerland: Schweizerische Ausgleichskasse, Genf — Caisse suisse de compensation, Genève — Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

(b) Occupational benefit plans: Pension fund of which the most recent employer is a member.

4. Occupational accidents and diseases

(a) Employed persons: Insurer against accidents with which the employer is insured.

(b) Self-employed persons: Insurer against accidents with which the person concerned is voluntarily insured. 30.4.2002 EN Official Journal of the European Communities L 114/33

5. Unemployment

(a) Full unemployment: Unemployment insurance fund chosen by the worker.

(b) Partial unemployment: Unemployment insurance fund chosen by the employer.

6. Family benefits

(a) Federal scheme:

(i) Employed persons: Kantonale Ausgleichskasse — Caisse cantonale de compensation — Cassa cantonale di compensazione (cantonal compensation fund) of which the employer is a member.

(ii) Self-employed persons: Kantonale Ausgleichskasse — Caisse cantonale de compensation — Cassa cantonale di compensazione (cantonal compensation fund) of the canton of residence.

(b) Cantonal schemes:

(i) Employed persons: Familienausgleichskasse — Caisse de compensation familiale — Cassa di compensazione familiale (family compensation fund) of which the worker is a member, or the employer.

(ii) Self-employed persons: The institution designated by the canton.

Switzerland

1. Sickness and maternity

Gemeinsame Einrichtung KVG, Solothurn — Institution commune LaMal, Soleure — Istituzione commune LaMal, Soletta (common institution under the Federal Sickness Insurance Act, Solothurn).

2. Invalidity

(a) Invalidity insurance Schweizerische Ausgleichskasse, Genf — Caisse suisse de compensation, Genève — Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

(b) Occupational welfare benefit: Sicherheitsfonds — Fonds de garantie — Fondo di garanzia LPP (Guarantee Fund).

3. Old age and death

(a) Old-age and survivors’ insurance: Schweizerische Ausgleichskasse, Genf — Caisse suisse de compensation, Genève — Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

(b) Occupational benefit plans: Sicherheitsfonds — Fonds de garantie — Fondo di garanzia LPP (Guarantee Fund).

4. Occupational accidents and diseases

Schweizerische Unfallversicherungsanstalt, Luzern — Caisse nationale suisse d’assurance en cas d’accidents, Lucerne — Cassa nazionale svizzera di assicurazione contro gli incidenti, Lucerna (Swiss National Accident Insurance Fund, Lucerne). L 114/34 EN Official Journal of the European Communities 30.4.2002

5. Unemployment

(a) Full unemployment: Unemployment insurance fund chosen by the employed person.

(b) Partial unemployment: Unemployment insurance fund chosen by the employer.

6. Family benefits

The institution designated by the canton of residence or the host canton.

(d) The following shall be added to Annex 4:

Switzerland

1. Sickness and maternity

Gemeinsame Einrichtung KVG, Solothurn — Institution commune LaMal, Soleure — Istituzione commune LaMal, Soletta (common institution under the Federal Sickness Insurance Act, Solothurn).

2. Invalidity

(a) Invalidity insurance: Schweizerische Ausgleichskasse, Genf — Caisse suisse de compensation, Genève — Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

(b) Occupational benefit plans: Sicherheitsfonds — Fonds de garantie — Fondo di garanzia LPP (Guarantee Fund).

3. Old-age and death

(a) Old-age and survivors’ insurance: Schweizerische Ausgleichskasse, Genf — Caisse suisse de compensation, Genève — Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

(b) Occupational benefit plans: Sicherheitsfonds — Fonds de garantie — Fondo di garanzia LPP (Guarantee Fund).

4. Occupational accidents and diseases

5. Unemployment

Bundesamt für Wirtschaft und Arbeit, Bern — Office fédéral du développement économique et de l’emploi, Berne — Ufficio federale dello sviluppo economico e del lavoro, Berna (Federal Office for Industry and Labour, Berne).

6. Family benefits

Bundesamt für Sozialversicherung, Bern — Office fédéral des assurances sociales, Berne — Ufficio federale delle assicurazioni sociali, Berna (Federal Social Insurance Office, Berne).

(e) The following shall be added to Annex 5:

Switzerland

None. 30.4.2002 EN Official Journal of the European Communities L 114/35

(f) The following shall be added to Annex 6:

Switzerland

Direct payment.

(g) The following shall be added to Annex 7:

Switzerland

Schweizerische Nationalbank, Zürich — Banque nationale Suisse, Zurich — Banca nazionale svizzera, Zurigo (Swiss National Bank, Zurich).

(h) The following shall be added to Annex 8:

Switzerland

None.

(i) The following shall be added to Annex 9:

Switzerland

The annual average cost of benefits in kind is calculated by taking into account the benefits granted by insurers under federal legislation on sickness insurance.

(j) The following shall be added to Annex 10:

Switzerland

1. For the application of Article 11(1) of the implementing Regulation:

(a) in relation to Article 14(1) and 14b(1) of the Regulation: Ausgleichskasse der Alters-, Hinterlassenen- und Invalidenversicherung — Caisse de compensation de l’assurance-vieillesse, survivants et invalidité — Cassa die compensazione dell’assicurazione vecchiaia, superstiti e invalidità (the competent compensation fund for old-age, survivors’ and invalidity insurance)

(b) in relation to Article 17 of the Regulation: Bundesamt für Sozialversicherung, Bern — Office fédéral des assurances sociales, Berne — Ufficio federale delle assicurazioni sociali, Berna (Federal Social Insurance Office, Berne).

2. For the application of Article 11a(1) of the implementing Regulation:

(a) in relation to Articles 14(1) and 14b(2) of the Regulation: Ausgleichskasse der Alters-, Hinterlassenen- und Invalidenversicherung — Caisse de compensation de l’assurance-vieillesse, survivants et invalidité — Cassa die compensazione dell’assicurazione vecchiaia, superstiti e invalidità (the competent compensation fund for old-age, survivors’ and invalidity insurance)

3. For the application of Article 12a of the implementing Regulation: Gemeindeverwaltung — Administration communale — Amministrazione communale Ausgleichs- kasse der Alters-, Hinterlassenen- und Invalidenversicherung — Caisse de compensation de l’assurance-vieillesse, survivants et invalidité — Cassa die compensazione dell’assicurazione vecchiaia, superstiti e invalidità) (the competent compensation fund for old-age, survivors’ and invalidity insurance).

4. For the application of Article 13(2) and (3) and Article 14(1) and (2) of the implementing Regulation: Eidgenössische Ausgleichskasse, Bern — Caisse fédérale de compensation, Berne — Cassa federale di compensazione, Berna (Federal Compensation Fund, Berne). L 114/36 EN Official Journal of the European Communities 30.4.2002

5. For the application of Articles 38(1), 70(1), 82(2) and 86(2) of the implementing Regulation: (the local authority at the place of residence).

6. For the application of Articles 80(2) and 81 of the implementing Regulation: Bundesamt für Wirtschaft und Arbeit, Bern — Office fédéral du développement économique et de l’emploi, Berne — Ufficio federale dello sviluppo economico e del lavoro, Berna (Federal Office for Industry and Labour, Berne).

7. For the application of Article 102(2) of the implementing Regulation:

(a) in relation to Article 36 of the Regulation: Gemeinsame Einrichtung KVG, Solothurn — Institution commune LaMal, Soleure — Istituzione commune LaMal, Soletta (common institution under the Federal Sickness Insurance Act, Solothurn)

(b) in relation to Article 63 of the Regulation: Schweizerische Unfallversicherungsanstalt, Luzern — Caisse nationale Suisse d’assurance en cas d’accidents, Lucerne — Cassa nazionale svizzera di assicurazione contro gli incidenti, Lucerna (Swiss National Accident Insurance Fund, Lucerne)

(c) in relation to Article 70 of the Regulation: Bundesamt für Wirtschaft und Arbeit, Bern — Office fédéral du développement économique et de l’emploi, Berne — Ufficio federale dello sviluppo economico e del lavoro, Berna (Federal Office for Industry and Labour, Berne).

8. For the application of Article 113(2) of the implementing Regulation:

(a) in relation to Article 20(1) of the Regulation: Gemeinsame Einrichtung KVG, Solothurn — Institution commune LaMal, Soleure — Istituzione commune LaMal, Soletta (common institution under the Federal Sickness Insurance Act, Solothurn)

(b) in relation to Article 62(1) of the implementing Regulation: Schweizerische Unfallversicherungsanstalt, Luzern — Caisse nationale Suisse d’assurance en cas d’accidents, Lucerne — Cassa nazionale svizzera di assicurazione contro gli incidenti, Lucerna (Swiss National Accident Insurance Fund, Lucerne).

(k) The following shall be added to Annex 11:

Switzerland

None.’

3. 3 9 8 L 4 9 : Council Directive 98/49/EC of 29 June 1998 (OJ L 209, 25.7.1998, p. 46) on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community.

SECTION B: ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE ACCOUNT

4.1. 3 7 3 D 0 9 1 9 ( 0 2 ) : Decision No 74 of 22 February 1973 concerning the provision of medical care in cases of temporary stay under Article 22(1)(a)(i) of Council Regulation (EEC) No 1408/71 and Article 21 of Council Regulation (EEC) No 574/72 (OJ C 75, 19.9.1973, p. 4).

4.2. 3 7 3 D 0 9 1 9 ( 0 3 ) : Decision No 75 of 22 February 1973 concerning the investigation of applications for review made under Article 94(5) of Council Regulation (EEC) No 1408/71 by invalidity pensioners (OJ C 75, 19.9.1973, p. 5).

4.3. 3 7 3 D 0919(06): Decision No 78 of 22 February 1973 concerning the interpretation of Article 7(1)(a) of Council Regulation (EEC) No 574/72 relating to the procedure for implementing the provisions on reduction and suspension (OJ C 75, 19.9.1973, p. 8). 30.4.2002 EN Official Journal of the European Communities L 114/37

4.4. 3 7 3 D 0 9 1 9 ( 0 7 ) : Decision No 79 of 22 February 1973 concerning the interpretation of Article 48(2) of Council Regulation (EEC) No 1408/71 relating to the aggregation of insurance periods treated as such with regard to insurance for invalidity, old age and death (OJ C 75, 19.9.1973, p. 9).

4.5. 3 7 3 D 0919(09): Decision No 81 of 22 February 1973 concerning aggregation of insurance periods completed in a specific employment pursuant to Article 45(2) of Council Regulation (EEC) No 1408/71 (OJ C 75, 19.9.1973, p. 11).

4.6. 3 7 3 D 0 9 1 9 ( 1 1 ) : Decision No 83 of 22 February 1973 concerning the interpretation of Article 68(2) of Council Regulation (EEC) No 1408/71 and of Article 82 of Council Regulation (EEC) No 574/72 relating to increases in unemployment benefit for dependent members of the family (OJ C 75, 19.9.1973, p. 14).

4.7. 3 7 3 D 0 9 1 9 ( 1 3 ) : Decision No 85 of 22 February 1973 concerning the interpretation of Article 57(1) of Council Regulation (EEC) No 1408/71 and of Article 67(3) of Council Regulation (EEC) No 574/72 relating to the determination of the applicable legislation and the institution competent for the granting of benefits in respect of occupational diseases (OJ C 75, 19.9.1973, p. 17).

4.8. 3 7 3 D 1 1 1 3 ( 0 2 ) : Decision No 86 of 24 September 1973 concerning the methods of operation and the composition of the Audit Board of the Administrative Commission of the European Communities on social security for migrant workers (OJ C 96, 13.11.1973, p. 2), as amended by:

3 9 5 D 0 5 1 2 : Decision No 159 of 3 October 1995 (OJ L 294, 8.12.1995, p. 38).

4.9. 3 7 4 D 0 7 2 0 ( 0 6 ) : Decision No 89 of 20 March 1973 concerning the interpretation of Article 16(1) and (2) of Council Regulation (EEC) No 1408/71 relating to persons employed by diplomatic missions and consular posts (OJ C 86, 20.7.1974, p. 7).

4.10. 3 7 4 D 0 7 2 0 ( 0 7 ) : Decision No 91 of 12 July 1973 concerning the interpretation of Article 46(3) of Council Regulation (EEC) No 1408/71 relating to the award of benefits due under paragraph 1 of the said Article (OJ C 86, 20.7.1974, p. 8).

4.11. 3 7 4 D 0 8 2 3 ( 0 4 ) : Decision No 95 of 24 January 1974 concerning the interpretation of Article 46(2) of Council Regulation (EEC) No 1408/71 on the calculation of pro rata pensions (OJ C 99, 23.8.1974, p. 5).

4.12. 3 7 4 D 1 017(03): Decision No 96 of 15 March 1974 concerning the revision of rights to benefit pursuant to Article 49(2) of Council Regulation (EEC) No 1408/71 (OJ C 126, 17.10.1974, p. 23).

4.13. 3 7 5 D 0705(02): Decision No 99 of 13 March 1975 concerning the interpretation of Article 107(1) of Council Regulation (EEC) No 574/72 with regard to the obligation to recalculate current benefits (OJ C 150, 5.7.1975, p. 2).

4.14. 3 7 5 D 0 7 0 5 ( 0 3 ) : Decision No 100 of 23 January 1975 concerning the refund of cash benefits provided by the institution of the place of stay or of residence on behalf of the competent institution and the details of refunding these benefits (OJ C 150, 5.7.1975, p. 3).

4.15. 3 7 6 D 0 5 2 6 ( 0 3 ) : Decision No 105 of 19 December 1975 on the implementation of Article 50 of Council Regulation (EEC) No 1408/71 (OJ C 117, 26.5.1976, p. 3).

4.16. 3 7 8 D 0 5 3 0 ( 0 2 ) : Decision No 109 of 18 November 1977 amending Decision No 92 of 22 November 1973, concerning the concept of sickness and maternity insurance benefits in kind referred to in Articles 19(1) and (2), 22, 25(1), (3) and (4), 26, 28(1), 28a, 29 and 31 of Council Regulation (EEC) No 1408/71 and the determination of the amounts to be refunded under Articles 93, 94 and 95 of Council Regulation (EEC) No 574/72, as well as the advances to be paid in pursuance of Article 102(4) of the same Regulation (OJ C 125, 30.5.1978, p. 2).

4.17. 3 8 3 D 0 1 1 5 : Decision No 115 of 15 December 1982 concerning the granting of prostheses, major appliances and other substantial benefits in kind provided for in Article 24(2) of Council Regulation (EEC) No 1408/71 (OJ C 193, 20.7.1983, p. 7).

4.18. 3 8 3 D 0 1 1 7 : Decision No 117 of 7 July 1982 concerning the conditions for implementing Article 50(1)(a) of Council Regulation (EEC) No 574/72 (OJ C 238, 7.9.1983, p. 3), as amended by:

1 9 4 N : Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ C 241, 29.8.1994, p. 21, as amended by OJ L 1, 1.1.1995, p. 1). L 114/38 EN Official Journal of the European Communities 30.4.2002

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations: The following shall be added to Article 2 No 2:

Switzerland

Schweizerische Ausgleichskasse, Genf — Caisse suisse de compensation, Genève — Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

4.19. 8 3 D 1 1 1 2 ( 0 2 ) : Decision No 118 of 20 April 1983 concerning the conditions for implementing Article 50(1)(b) of Council Regulation (EEC) No 574/72 (OJ C 306, 12.11.1983, p. 2), as amended by: 1 9 4 N : Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ C 241, 29.8.1994, p. 21 as amended by OJ L 1, 1.1.1995, p. 1).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations: The following shall be added to Article 2 No 4:

Switzerland

Schweizerische Ausgleichskasse, Genf — Caisse suisse de compensation, Genève — Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

4.20. 3 8 3 D 1 1 0 2 ( 0 3 ) : Decision No 119 of 24 February 1983 concerning the interpretation of Article 76 and Article 79(3) of Council Regulation (EEC) No 1408/71 and of Article 10(1) of Council Regulation (EEC) No 574/72 relating to the overlapping of family benefits and allowances (OJ C 295, 2.11.1983, p. 3).

4.21. 3 8 3 D 0 1 2 1 : Decision No 121 of 21 April 1983 concerning the interpretation of Article 17(7) of Council Regulation (EEC) No 574/72 relating to the granting of prostheses, major appliances and other substantial benefits in kind (OJ C 193, 20.7.1983, p. 10).

4.22. 3 8 6 D 0 126: Decision No 126 of 17 October 1985 concerning the application of Articles 14(1)(a), 14a(1)(a), 14b(1) and (2) of Council Regulation (EEC) No 1408/71 (OJ C 141. 7.6.1986, p. 3).

4.23. 3 8 7 D XXX: Decision No 132 of 23 April 1987 concerning the interpretation of Article 40(3)(a)(ii) of Council Regulation (EEC) No 1408/71 (OJ C 271, 9.10.1987, p. 3).

4.24. 3 8 7 D 2 8 4 : Decision No 133 of 2 July 1987 concerning the application of Articles 17(7) and 60(6) of Council Regulation (EEC) No 574/72 (OJ C 284, 22.10.1987, p. 3 and OJ C 64, 9.3.1988, p. 13).

4.25. 3 8 8 D XXX: Decision No 134 of 1 July 1987 concerning the interpretation of Article 45(2) of Council Regulation (EEC) No 1408/71 relating to aggregation of insurance periods completed in an occupation subject to a special scheme in one or more Member States (OJ C 64, 9.3.1988, p. 4).

4.26. 3 8 8 D XXX: Decision No 135 of 1 July 1987 concerning the granting of benefits in kind provided for in Article 17(7) and Article 60(6) of Council Regulation (EEC) No 574/72 and the concept of urgency within the meaning of Article 20 of Council Regulation (EEC) No 1408/71 and of extreme urgency within the meaning of Articles 17(7) and 60(6) of Council Regulation(EEC) No 574/72 (OJ C 281, 9.3.1988, p. 7), as amended by: 1 9 4 N : Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ C 241, 29.8.1994, p. 21 as amended by OJ L 1, 1.1.1995, p. 1).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations: The following shall be added to Article 2 No 2: ‘CHF 800 for the institution of the place of residence in Switzerland;’.

4.27. 3 8 8 D 6 4 : Decision No 136 of 1 July 1987 concerning the interpretation of Article 45(1) to (3) of Council Regulation (EEC) No 1408/71 with regard to the taking into account of insurance periods completed under the legislations of other Member States for the acquisition, retention or recovery of the right to benefits (OJ C 64, 9.3.1988, p. 7), as amended by: 30.4.2002 EN Official Journal of the European Communities L 114/39

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations: The following shall be added to the Annex:

Switzerland

None.

4.28. 3 8 9 D 6 0 6 : Decision No 137 of 15 December 1988 concerning the application of Article 15(3) of Council Regulation (EEC) No 574/72 (OJ C 140, 6.6.1989, p. 3).

4.29. 3 8 9 D XXX: Decision No 138 of 17 February 1989 concerning the interpretation of Article 22 (1)(c)(i) of Council Regulation (EEC) No 1408/71 in the case of organ transplants or other forms of surgery requiring tests on biological samples while the person concerned is not present in the Member State where the tests are carried out (OJ C 287, 15.11.1989, p. 3).

4.30. 3 9 0 D XXXX: Decision No 139 of 30 June 1989 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 107 of Council Regulation (EEC) No 574/72 to be applied when calculating certain benefits and contributions (OJ C 94, 12.4.1990, p. 3).

4.31. 3 9 0 D X X X : Decision No 140 of 17 October 1989 concerning the rate of conversion to be applied by the institution of a wholly unemployed frontier worker’s place of residence to the last wage or salary he received in the competent State (OJ C 94, 12.4.1990, p. 4).

4.32. 3 9 0 D X X X : Decision No 141 of 17 October 1989 amending Decision No 127 of 17 October 1985 concerning the compilation of the lists provided for in Articles 94(4) and 95(4) of Regulation (EEC) No 574/72/EEC (OJ C 94, 12.4.1990, p. 5).

4.33. 3 9 0 D XXX: Decision No 142 of 13 February 1990 concerning the application of Articles 73, 74 and 75 of Council Regulation (EEC) No 1408/71 (OJ C 80, 30.3.1990, p. 7). The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

(a) No 1 shall not apply.

(b) No 3 shall not apply.

4.34. 3 9 1 D 1 4 0 : Decision No 144 of 9 April 1990 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E401-E410 F) (OJ L 71, 18.3.1991, p. 1).

4.35. 3 9 1 D 4 2 5 : Decision No 147 of 11 October 1990 concerning the application of Article 76 of Council Regulation (EEC) No 1408/71 (OJ L 235, 23.8.1991, p. 21), as amended by: 3 9 5 D 2 3 5 3 : Decision No 155 of 6 July 1994 (E401-E411) (OJ L 209, 5.9.1995, p. 1).

4.36. 3 9 3 D 2 2 : Decision No 148 of 25 June 1992 concerning the use of the certificate concerning the applicable legislation (Form E101) where the period of posting does not exceed three months (OJ L 22, 30.1.1993, p. 124).

4.37. 3 9 3 D 8 2 5 : Decision No 150 of 26 June 1992 concerning the application of Articles 77, 78 and 79(3) of Regulation (EEC) No 1408/71 and of Article 10(1)(b)(ii) of Regulation (EEC) No 574/72 (OJ C 229, 25.8.1993, p. 5), as amended by: 1 9 4 N : Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ C 241, 29.8.1994, p. 21, as amended by OJ L 1, 1.1.1995, p. 1).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

Switzerland

Schweizerische Ausgleichskasse, Genf — Caisse suisse de compensation, Genève — Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva). L 114/40 EN Official Journal of the European Communities 30.4.2002

4.38. 3 9 4 D 6 0 2 : Decision No 151 of 22 April 1993 concerning the application of Article 10a of Regulation (EEC) No 1408/71 and Article 2 of Regulation (EEC) No 1247/92 (OJ L 244, 19.9.1994, p. 1).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations: The following shall be added to the Annex:

Switzerland

1. Invalidity, old age and death

(a) Invalidity insurance: Schweizerische Ausgleichskasse, Genf — Caisse suisse de compensation, Genève — Cassa svizzera di compensazione, Ginevra (Swiss Compensation Fund, Geneva).

(b) Occupational welfare benefit: Sicherheitsfonds — Fonds de garantie — Fondo di garanzia LPP. Provident institution under the Federal Act on occupational benefit plans for old-age, survivors’ and invalidity insurance.

2. Unemployment

3. Family benefits

Bundesamt für Sozialversicherung, Bern — Office fédéral des assurances sociales, Berne — Ufficio federale delle assicurazioni sociali, Berna (Federal Social Insurance Office, Berne).

4.39. 3 9 4 D 6 0 4 : Decision No 153 of 7 October 1993 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E001, E103-E127) (OJ L 244, 19.9.1994, p. 22).

4.40. 3 9 4 D 6 0 5 : Decision No 154 of 8 February 1994 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E301, E302, E303) (OJ L 244, 19.9.1994, p. 123).

4.41. 3 9 5 D 3 5 3 : Decision No 155 of 6 July 1994 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E401-E411) (OJ L 244, 5.9.1995, p. 1).

4.42. 3 9 5 D 0 4 1 9 : Decision No 156 of 7 April 1995 concerning the rules of priority with regard to sickness and maternity insurance (OJ L 249, 17.10.1995, p. 41).

4.43. 3 9 6 D 7 3 2 : Decision No 158 of 27 November 1995 on the model forms necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E201-E215) (OJ L 336, 27.12.1996, p. 1).

4.44. 3 9 5 D 5 1 2 : Decision No 159 of 3 October 1995 amending Decision No 86 of 24 September 1973 concerning the methods of operation and the composition of the Audit Board of the Administrative Commission of the European Communities on Social Security for Migrant Workers (OJ L 294, 8.12.1995 p. 38).

4.45. 3 9 6 D 1 7 2 : Decision No 160 of 28 November 1995 concerning the scope of Article 71(1)(b)(ii) of Council Regulation (EEC) No 1408/71 relating to the right to unemployment benefits of workers, other than frontier workers, who, during their last employment, were resident in the territory of a Member State other than the competent State (OJ L 49, 28.2.1996, p. 31).

4.46. 3 9 6 D 2 4 9 : Decision No 161 of 15 February 1996 concerning the reimbursement by the competent institution of a Member State of the costs incurred during a stay in another Member State by means of the procedure referred to in Article 34(4) of Regulation (EEC) No 574/72 (OJ L 83, 2.4.1996, p. 19). 30.4.2002 EN Official Journal of the European Communities L 114/41

4.47. 3 9 6 D 5 5 4 : Decision No 162 of 31 May 1996 concerning the interpretation of Articles 14(1) and 14b(1) of Council Regulation (EEC) No 1408/71 on the legislation applicable to posted workers (OJ L 241, 21.9.1996, p. 28).

4.48. 3 9 6 D 5 5 5 : Decision No 163 of 31 May 1996 concerning the interpretation of Article 22(1)(A) of Regulation (EEC) No 1408/71 in respect of persons undergoing dialysis or oxygen therapy (OJ L 241, 21.9.1996, p. 31).

4.49. 3 9 7 D 5 3 3 : Decision No 164 of 27 November 1996 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 101 and E 102) (OJ L 216 du 8.8.1997, p. 85).

4.50. 3 9 7 D 0 8 2 3 : Decision No 165 of 30 June 1997 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E128 and E128B) (OJ L 341, 12.12.1997, p. 61).

4.51. 3 9 8 D 0 4 4 1 : Decision No 166 of 2 October 1997 on the amending of forms E106 and E109 (OJ L 195, 11.7.1998, p. 25).

4.52. 3 9 8 D 0 4 4 2 : Decision No 167 of 2 December 1997 amending Decision No 146 of 10 October 1990 concerning the interpretation of Article 94(9) of Regulation (EEC) No 1408/71 (OJ L 195, 11.7.1998, p. 35).

4.53. 3 9 8 D 0 4 4 3 : Decision No 168 of 11 June 1998 on the amending of forms E121 and E127 and the discontinuance of form E122 (OJ L 195, 11.7.1998, p. 37).

4.54. 3 9 8 D 0 4 4 4 : Decision No 169 of 11 June 1998 concerning the methods of operation and the composition of the Technical Commission on Data Processing of the Administrative Commission of the European Communities on Social Security for Migrant Workers (OJ L 195, 11.7.1998, p. 46).

4.55. 3 9 8 D 0 5 6 5 : Decision No 170 of 11 June 1998 amending Decision No 141 of 17 October 1989 concerning the compilation of the lists provided for in Articles 94(4) and 95(4) of Council Regulation (EEC) No 574/72 of 21 March 1972 (OJ L 275, 10.10.1998, p. 40).

SECTION C: ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties shall take note of the content of the following acts:

5.1. Recommendation No 14 of 23 January 1975 concerning the issue of Form E111 to workers posted abroad (adopted by the Administrative Commission during its 139th meeting on 23 January 1975).

5.2. Recommendation No 15 of 19 December 1980 on the determination of the language of issue of the forms required for the purposes of Regulations (EEC) No 1408/71 and (EEC) No 574/72/EEC (adopted by the Administrative Commission during its 176th meeting on 19 December 1980).

5.3. 3 8 5 Y 0 0 1 6 : Recommendation No 16 of 12 December 1984 concerning the conclusion of agreements pursuant to Article 17 of Regulation (EEC) No 1408/71 (OJ C 273, 24.10.1985, p. 3).

5.4. 3 8 5 Y 0 0 1 7 : Recommendation No 17 of 12 December 1984 concerning the statistical data to be supplied each year for the drawing up of the reports of the Administrative Commission (OJ C 273, 24.10.1985, p. 3).

5.5 3 8 6 Y 0 0 1 8 : Recommendation No 18 of 28 February 1986 relating to the legislation applicable to unemployed persons engaged in part-time work in a Member State other than the State of residence (OJ C 284, 11.11.1986, p. 4).

5.6. 3 9 2 Y 1 9 : Recommendation No 19 of 24 November 1992 on the improvement of cooperation among the Member States in implementing the Community Regulations (OJ C 199, 23.7.1993, p. 11).

5.7. 3 9 6 Y 5 9 2 : Recommendation No 20 of 31 May 1996 concerning improvement of the administration and settlement of reciprocal claims (OJ L 259, 12.10.1996, p. 19). L 114/42 EN Official Journal of the European Communities 30.4.2002

5.8. 3 9 7 Y 0 3 0 4 ( 0 1 ) : Recommendation No 21 of 28 November 1996 concerning the application of Article 69(1)(a) of Regulation (EEC) No 1408/71 to unemployed persons accompanying their spouses employed in a Member State other than the competent State (OJ C 67, 4.3.1997, p. 3).

5.9. 3 8 0 Y 0 6 0 9 ( 0 3 ) : Updating of the Declarations of the Member States provided for in Article 5 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ C 139, 9.6.1980, p. 1).

6.0. 3 8 1 Y 0 6 1 3 ( 0 1 ) : Declarations by Greece provided for in Article 5 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ C 143, 13.6.1981, p. 1).

6.1. 3 8 6 Y 0 3 3 8 ( 0 1 ) : Updating of the Declarations of the Member States provided for in Article 5 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ C 338, 31.12.1986, p. 1).

6.2. C / 1 0 7 / 8 7 / p . 1 : Declarations of the Member States provided for in Article 5 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed and self employed persons and their families moving within the Community (OJ C 107, 22.4.1987, p. 1).

6.3. C / 3 2 3 / 8 0 / p . 1 : Notifications to the Council by the Governments of the Federal Republic of Germany and of the Grand Duchy of Luxembourg of the conclusion of a convention between these two Governments on various social security questions, pursuant to Articles 8(2) and 96 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ C 323, 11.12.1980, p. 1).

6.4. L / 9 0 / 8 7 / p . 3 9 : Declaration made by the French Republic pursuant to Article 1(j) of Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community (OJ L 90, 2.4.1987, p. 39). 30.4.2002 EN Official Journal of the European Communities L 114/43

PROTOCOL

to Annex II to the Agreement on the free movement of persons

Unemployment insurance

1. The following rules shall apply with respect to unemployment insurance for workers holding a residence permit with a period of validity of less than one year:

1.1. Only workers who have paid contributions in Switzerland for the minimum period required under the Federal Unemployment Insurance and Insolvency Allowances Act (loi fédérale sur l’assurance-chômage obligatoire et l’indemnité en cas d’insolvabilité — LACI) (1) and who also satisfy the other conditions of eligibility for unemployment benefit shall be entitled to such benefit provided by the unemployment insurance under the conditions laid down by law.

1.2. A portion of the contributions levied for workers whose period of contribution is too short to give entitlement to unemployment benefit in Switzerland under 1.1 shall be refunded to their States of origin in accordance with the provisions of 1.3. in order to contribute towards the cost of benefits provided to these workers in the event of full unemployment; these workers shall then have no entitlement to benefit in the event of their being fully unemployed in Switzerland. They shall, however, be entitled to allowances for bad weather and in the event of the employer becoming insolvent. Benefits in the event of full unemployment shall be paid by the State of origin, provided that the workers concerned make themselves available for work. Periods of insurance completed in Switzerland shall be taken into account in the same way as if they had been completed in the State of origin.

1.3. The portion of the contributions levied for workers referred to in 1.2 shall be refunded on an annual basis in accordance with the following provisions:

(a) The total contributions of these workers shall be calculated, by country, on the basis of the annual number of workers employed and the average annual contributions paid for each worker (employer’s and employee’s contributions).

(b) Of the amount calculated in this way, a portion thereof corresponding to the relative share represented by unemployment benefit as a percentage of all the allowances referred to in 1.2 shall be refunded to the workers’ States of origin, and a portion shall be retained by Switzerland as a reserve for subsequent benefits. (2)

(c) Switzerland shall, on an annual basis, provide a statement showing the contributions refunded. If the States of origin so request, it shall indicate the bases for the calculation and the sums refunded. The States of origin shall each year notify Switzerland of the number of recipients of unemployment benefit as referred to in 1.2.

2. Frontier workers’ unemployment insurance contributions in Switzerland, as provided for under the respective bilateral agreements, shall continue to be refunded.

3. The arrangements under 1 and 2 shall apply for a period of seven years from the date of entry into effect of the Agreement. If, at the end of the seven-year period, a Member State encounters difficulties with the ending of the arrangements for refunding of contributions, or Switzerland encounters difficulties with the aggregation arrangements, the matter may be referred to the Joint Committee by any of the contracting parties.

(1) Currently six months, or 12 months in the event of recurrent unemployment. (2) Refunded contributions for workers who will exercise their right to unemployment benefit in Switzerland after having paid contributions for at least six months — over several periods of residence — within the space of two years. L 114/44 EN Official Journal of the European Communities 30.4.2002

Allowances for helpless persons

Allowances for helpless persons under the Federal Old-Age and Survivors’ Insurance Act (loi fédérale sur l’assurance- vieillesse et survivants) and the Federal Invalidity Insurance Act (loi fédérale sur l’assurance-invalidité) shall, by means of a decision of the Joint Committee, be provided for in the text of Annex II to the Agreement on the free movement of persons in Annex IIa to Regulation No 1408/71, as soon as the amendment of these Acts stipulating that these benefits shall be financed exclusively by the public authorities enters into effect.

Occupational benefit plans concerning old-age, survivors’ and invalidity pensions

Notwithstanding Article 10 (2) of Council Regulation (EEC) No 1408/71, the vested benefit provided for under the Federal Act on free movement among occupational benefit plans concerning old-age, survivors’ and invalidity pensions (Loi fédérale sur le libre passage dans la prévoyance professionnelle vieillesse, survivants et invalidité) of 17 December 1993 shall be paid out on request to an employed or self-employed person who intends to leave Switzerland for good and who, under Title II of the Regulation, will no longer be subject to Swiss law, provided that they leave Switzerland within five years of this Agreement entering into effect. 30.4.2002 EN Official Journal of the European Communities L 114/45

ANNEX III

MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

(Diplomas, certificates and other evidence of formal qualifications)

1. The contracting parties agree to apply amongst themselves, in the field of the mutual recognition of professional qualifications, the Community acts to which reference is made, as in force at the date of the signature of the Agreement and as amended by Section A of this present Annex, or rules equivalent to such acts.

2. For the purposes of applying the present Annex, the contracting parties take note of the Community acts to which reference is made in Section B of this Annex.

3. The term ‘Member State(s)’ in the acts to which reference is made in Section A of this Annex is considered to apply to Switzerland in addition to the states covered by the Community acts in question.

SECTION A — ACTS TO WHICH REFERENCE IS MADE

A. General system

1. 389 L 0048: Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ L 19, 24.1.1989, p. 16).

2. 392 L 0051: Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 209, 24.7.1992, p. 25), as amended by:

— 3 9 4 L 0 0 3 8 : Commission Directive 94/38/EC of 26 July 1994 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 217, 23.8.1994, p. 8)

— 3 9 5 L 0 0 4 3 : Commission Directive 95/43/EC of 20 July 1995 amending Annexes C and D to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 184, 3.8.1995, p. 21)

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union

— 397 L 0038: Commission Directive 97/38/EC of 20 June 1997 amending Annex C to Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Council Directive 89/48/EEC (OJ L 184, 3.8.1997, p. 31).

The Swiss lists relating to Annexes C and D of Directive 92/51/EEC will be drawn up in the framework of the application of the present agreement.

B. Legal professions

3. 377 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17), as amended by:

— 1 7 9 H : Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 91)

— 1 8 5 I : Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302 of 15.11.1985, p. 160) L 114/46 EN Official Journal of the European Communities 30.4.2002

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

The following text is added to Article 1(2): ‘Switzerland: Avocat/Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech Avvocato.’

4. 3 9 8 L 0 0 0 5 : Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36).

For the purposes of the present agreement, the Directive is amended as follows:

The following text is added to Article 1(2)(a): ‘Switzerland: Avocat/Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech Avvocato.’

C. Medical and paramedical activities

5. 3 8 1 L 1 0 5 7 : Council Directive 81/1057/EEC of 14 December 1981 supplementing Directives 75/362/EEC, 77/452/EEC, 78/686/EEC and 78/1026/EEC concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of doctors, nurses responsible for general care, dental practitioners and veterinary surgeons respectively, with regard to acquired rights (OJ L 385, 31.12.1981, p. 25).

Doctors

6. 3 9 3 L 0 0 1 6 : Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 165, 7.7.1993, p. 1), as amended by:

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union

— 3 9 8 L 0 0 2 1 : Commission Directive 98/21/EC of 8 April 1998 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 119, 22.4.1998, p. 15).

— 3 9 8 L 0 0 6 3 : Commission Directive 98/63/EC of 3 September 1998 amending Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ L 253, 15.9.1998, p. 24).

(a) The following text is added to Article 3: ‘in Switzerland:

titulaire du diplôme fédéral de médecin

Eidgenössisch diplomierter Arzt

titolare di diploma federale di medico

awarded by the Département fédéral de l’intérieur.’

(b) The following text is added to Article 5(2): ‘in Switzerland:

spécialiste/Facharzt/specialista

awarded by the Département fédéral de l’intérieur.’ 30.4.2002 EN Official Journal of the European Communities L 114/47

anaesthetics: ‘Switzerland: anesthésiologie

Anästhesiologie

anestesiologia’

general surgery: ‘Switzerland: chirurgie

Chirurgie

chirurgia’

neurological surgery: ‘Switzerland: neurochirurgie

Neurochirurgie

neurochirurgia’

obstetrics and gynaecology: ‘Switzerland: gynécologie et obstétrique

Gynäkologie und Geburtshilfe

ginecologia e ostetricia’

general (internal) medicine: ‘Switzerland: médecine interne

Innere Medizin

medicina interna’

ophthalmology: ‘Switzerland: ophtalmologie

Ophthalmologie

oftalmologia’

oto rhino laryngology: ‘Switzerland: oto-rhino-laryngologie

Oto-Rhino-Laryngologie

otorinolaringoiatria’

paediatrics: ‘Switzerland: pédiatrie

Kinder- und Jugendmedezin

pediatria’

respiratory medicine: ‘Switzerland: pneumologie

Pneumologie

pneumologia’ L 114/48 EN Official Journal of the European Communities 30.4.2002

urology: ‘Switzerland: urologie

Urologie

urologia’

orthopaedics: ‘Switzerland: chirurgie orthopédique

Orthopädische Chirurgie

chirurgia ortopedica’

pathological anatomy: ‘Switzerland: pathologie

Pathologie

patologia’

neurology: ‘Switzerland: neurologie

Neurologie

neurologia’

psychiatry: ‘Switzerland: psychiatrie et psychothérapie

Psychiatrie und Psychotherapie

psichiatria e psicoterapia’

(d) The following references are added to Article 7(2) in the indents indicated below:

plastic surgery: ‘Switzerland: chirurgie plastique et reconstructive

Plastische und Wiederherstellungschirurgie

chirurgia plastica e ricostruttiva’

thoracic surgery: ‘Switzerland: chirurgie cardiaque et vasculaire thoracique

Herz- und thorakale Gefässchirurgie

chirurgia del cuore e dei vasi toracici’

paediatric surgery: ‘Switzerland: chirurgie pédiatrique

Kinderchirurgie

chirurgia pediatrica’

cardiology: ‘Switzerland: cardiologie

Kardiologie

cardiologia’ 30.4.2002 EN Official Journal of the European Communities L 114/49

gastro-enterology: ‘Switzerland: gastro-entérologie

Gastroenterologie

gastroenterologia’

rheumatology: ‘Switzerland: rhumatologie

Rheumatologie

reumatologia’

general haematology: ‘Switzerland: hématologie

Hämatologie

ematologia’

endocrinology: ‘Switzerland: endocrinologie-diabétologie

Endokrinologie-Diabetologie

endocrinologia-diabetologia’

physiotherapy: ‘Switzerland: médecine physique et réadaptation

Physikalische Medizin und Rehabilitation

medicina fisica e riabilitazione’

dermato-venereology: ‘Switzerland: dermatologie et vénéréologie

Dermatologie und Venerologie

dermatologia e venereologia’

diagnostic radiology: ‘Switzerland: radiologie médicale/radio-diagnostic

Medizinische Radiologie/Radiodiagnostik

radiologia medica/radiodiagnostica’

radiotherapy: ‘Switzerland: radiologie médicale/radio-oncologie

Medizinische Radiologie/Radio-Onkologie

radiologia medica/radio-oncologia’

tropical medicine: ‘Switzerland: médecine tropicale

Tropenmedezin

medicina tropicale’ L 114/50 EN Official Journal of the European Communities 30.4.2002

child psychiatry: ‘Switzerland: psychiatrie et psychothérapie d’enfants et d’adolescents

Kinder- und Jugendpsychiatrie und -psychotherapie

psichiatria e psicoterapia infantile e dell’adolescenza’

renal diseases: ‘Switzerland: néphrologie

Nephrologie

nefralogia’

community medicine: ‘Switzerland: prévention et santé publique

Prävention und Gesundheitswesen

prevenzione e salute pubblica’

occupational medicine: ‘Switzerland: médecine du travail

Arbeitsmedizin

medicina del lavoro’

allergology: ‘Switzerland: allergologie et immunologie clinique

Allergologie und klinische Immunologie

allergologia e immunologia clinica’

nuclear medicine: ‘Switzerland: radiologie médicale/médecine nucléaire

Medizinische Radiologie/Nuklearmedizin

radiologia medica/medicina nucleare’

Dental, oral and maxillo-facial surgery (basic medical and dental training: ‘Switzerland: chirurgie maxillo-faciale

Kiefer- und Gesichtschirurgie

chirurgia mascello-facciale’

6(a) 96/C/216/03: List of designations of diplomas, certificates and other evidence of formal qualifications as general medical practitioner published in accordance with Article 41 of Directive 93/16/EEC (OJ C 216, 25.7.1996)

Nurses

7. 377 L 0452: Council Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of this right of establishment and freedom to provide services (OJ L 176, 15.7.1977, p. 1), as amended by:

— 1 7 9 H : Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 91) 30.4.2002 EN Official Journal of the European Communities L 114/51

— 1 8 5 I : Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160)

— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19)

— 389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 30)

— 3 9 0 L 0 6 5 8 : Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73)

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

(a) the following text is added to Article 1(2):

‘in Switzerland:

infirmière, infirmier, Krankenschwester, Krankenpfleger, infermiera, infermiere’

(b) the following text is added to Article 3:

‘(p) in Switzerland:

infirmière diplômée en soins généraux, infirmier diplômé en soins généraux, diplomierte Krank- enschwester in allgemeiner Krankenpflege, diplomierter Krankenpfleger in allgemeine Krankenpflege, infermiera diplomata in cure generali, infermiere diplomato in cure generali, awarded by the Conférence des directeurs cantonaux des affaires sanitaires.’

8. 3 7 7 L 0 4 5 3 : Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of nurses responsible for general care (OJ L 176, 15.7.1977, p. 8), as amended by:

— 3 8 9 L 0 5 9 5 : Council Directive 89/595/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 30).

Practitioners of dentistry

9. 3 7 8 L 0 6 8 6 : Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 233, 24.8.1978, p. 1), as amended by:

— 1 7 9 H : Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 91)

— 1 8 5 I : Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160)

— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19)

— 3 9 0 L 0 6 5 8 : Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73)

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

(a) The following text is added to Article 1:

‘in Switzerland:

médecin dentiste, Zahnarzt, medico-dentista;’ L 114/52 EN Official Journal of the European Communities 30.4.2002

(b) The following text is added to Article 3: ‘(p) in Switzerland:

titulaire du diplôme fédéral de médecin-dentiste, eidgenössisch diplomierter Zahnarzt, titolare di diploma federale di medico-dentista, awarded by the Département fédéral de l’intérieur’

diplôme fédéral d’orthodontiste, Diplom als Kieferorthopäde, diploma di ortodontista, awarded by the Département fédéral de l’intérieur.’

10. 3 7 8 L 0 6 8 7 : Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental practitioners (OJ L 233, 24.8.1978, p. 10), as amended by:

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

Veterinary surgeons

11. 3 7 8 L 1 0 2 6 : Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 362, 23.12.1978, p. 1), as amended by:

— 1 7 9 H : Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 91)

— 1 8 5 I : Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160)

— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19)

— 3 9 0 L 0 6 5 8 : Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73)

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

The following text is added to Article 3: ‘(p) in Switzerland:

titulaire du diplôme fédéral de vétérinaire, eidgenössisch diplomierter Tierarzt, titolare di diploma federale di veterinario, awarded by the Département fédéral de l’intérieur.’

12. 3 7 8 L 1 0 2 7 : Council Directive 78/1027/EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons (OJ L 362, 23.12.1978, p. 7), as amended by:

— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19)

Midwives

13. 3 8 0 L 0 1 5 4 : Council Directive 80/154/EEC of 21 January 1980 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 33, 11.2.1980, p. 1), as amended by:

— 380 L 1273: Council Directive 80/1273/EEC of 22 December 1980 (OJ L 375, 31.12.1980, p. 74) 30.4.2002 EN Official Journal of the European Communities L 114/53

— 1 8 5 I : Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 160)

— 89 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19)

— 3 9 0 L 0 6 5 8 : Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73)

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

(a) The following text is added to Article 1:

‘in Switzerland:

sage-femme, Hebamme, levatrice;’

(b) The following text is added to Article 3:

‘(p) in Switzerland:

sage-femme diplômée, diplomierte Hebamm, levatrice diplomata, diplomas awarded by the Conférence des directeurs cantonaux des affaires sanitaires’

14. 380 L 0155: Council Directive 80/155/EEC of 21 January 1980 concerning the coordination of provisions laid down by law, regulation or administrative action relating to the taking up and pursuit of the activities of midwives (OJ L 33, 11.2.1980, p. 8), as amended by:

— 389 L 0594: Council Directive 89/594/EEC of 30 October 1989 (OJ L 341, 23.11.1989, p. 19)

Pharmacy

15. 385 L 0432: Council Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy (OJ L 253, 24.9.1985, p. 34).

16. 3 8 5 L 0 4 3 3 : Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (OJ L 253, 24.9.1985, p. 37), as amended by:

— 385 L 0584: Council Directive 85/584/EEC of 20 December 1985 (OJ L 372, 31.12.1985, p. 42)

— 3 9 0 L 0 6 5 8 : Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73)

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

(a) The following text is added to Article 4:

‘(p) in Switzerland:

titulaire du diplôme fédéral de pharmacien, eidgenössisch diplomierter Apotheker, titolare di diploma federale di farmacista, awarded by the Département fédéral de l’intérieur.’ L 114/54 EN Official Journal of the European Communities 30.4.2002

D. Architecture

17. 3 8 5 L 0 3 8 4 : Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ L 223, 21.8.1985, p. 15), as amended by:

— 385 L 0614: Council Directive 85/614/EEC of 20 December 1985 (OJ L 376, 31.12.1985, p. 1)

— 3 8 6 L 0 0 1 7 : Council Directive 86/17/EEC of 27 January 1986 (OJ L 27, 1.2.1986, p. 71)

— 3 9 0 L 0 6 5 8 : Council Directive 90/658/EEC of 4 December 1990 (OJ L 353, 17.12.1990, p. 73)

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

(a) The following text is added to Article 11: ‘in Switzerland:

— the diplomas awarded by the Ecoles polytechniques fédérales/Eidgenössische Technische Hochschulen/Politecnici Federal: arch.dipl.EPF/dipl.Arch.ETH/arch.dipl.PF

— the diplomas awarded by the Ecole d’architecture de l’Université de Genève: architecte diplômé EAUG, the certificates of the Fondation des registres suisses des ingénieurs, des architectes et des techniciens/Stiftung der Schweizerischen Register der Ingenieure, der Architekten und der Techniker/Fondazione dei Registri svizzeri degli ingegneri, degli architetti e dei tecnici (REG): architecte REG A/Architekt REG A/architetto REG A’

(b) Article 15 does not apply.

18. 98/C/217: Diplomas, certificates and other evidence of formal qualifications in Architecture which are the object of mutual recognition by the Member States (update of communication 96/C 205 of 16.7.1996) (OJ C 217, 11.7.1998).

E. Commerce and intermediaries

Wholesale trade

19. 364 L 0222: Council Directive 64/222/EEC of 25 February 1964 laying down detailed provisions concerning transitional measures in respect of activities in wholesale trade and activities of intermediaries in commerce, industry and small craft industries (OJ 56, 4.4.1964, p. 857/64).

20. 3 6 4 L 0 2 2 3 : Council Directive 64/223/EEC of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities in wholesale trade (OJ 56, 4.4.1964, p. 863/64).

— 1 7 2 B : Act concerning the conditions of accession and the adjustments to the treaties — accession to the European Communities of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ L 73, 27.3.1972, p. 84).

Intermediaries in commerce, industry and small craft industries

21. 3 6 4 L 0 2 2 4 : Council Directive 64/224/EEC of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of intermediaries in commerce, industry and small craft industries (OJ 56, 4.4.1964, p. 869/64), as amended by:

— 1 7 9 H : Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 89)

— 1 8 5 I : Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 155)

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

(a) The following text is added to Article 3:

For self-employed persons For employed persons

‘In Switzerland Agent Représentant de commerce

Agent Handelsreisender

Agente Rappresentante’

Self-employed persons in retail trade

22. 3 6 8 L 0 3 6 3 : Council Directive 68/363/EEC of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612) (OJ L 260, 22.10.1968, p. 1), as amended by:

23. 368 L 0364: Council Directive 68/364/EEC of 15 October 1968 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in retail trade (ISIC ex Group 612) (OJ L 260 of 22.10.1968, p. 6).

Self-employed persons in the wholesale coal trade and intermediaries in the coal trade

24. 3 7 0 L 0 5 2 2 : Council Directive 70/522/EEC of 30 November 1970 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the wholesale coal trade and activities of intermediaries in the coal trade (ISIC ex Group 6112) (OJ L 267 of 10.12.1970, p. 14), as amended by:

25. 3 7 0 L 0 5 2 3 : Council Directive 70/523/EEC of 30 November 1970 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the wholesale coal trade and in respect of activities of intermediaries in the coal trade (ISIC ex Group 6112) (OJ L 267, 10.12.1970, p. 18).

Trade in and distribution of toxic products

26. 3 7 4 L 0 5 5 6 : Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries (OJ L 307, 18.11.1974, p. 1). L 114/56 EN Official Journal of the European Communities 30.4.2002

26a. 3 7 4 L 0 5 5 7 : Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products (OJ L 307, 18.11.1974, p. 5), as amended by:

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

The following text is added to the Annex: ‘in Switzerland:

— All the products and toxic substances set out in Article 2 of the poisons act (RS 814.80), and in particular those on the list of toxic substances and products in classes 1, 2 and 3, in accordance with Article 3 of the Regulation on toxic substances (RS 814.801).’

Itinerant activities

27. 3 7 5 L 0 3 6 9 : Council Directive 75/369/EEC of 16 June 1975 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of itinerant activities and, in particular, transitional measures in respect of those activities (OJ L 167, 30.6.1975, p. 29).

Self-employed commercial agents

28. 386 L 0653: Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ L 382, 31.12.1986, p. 17).

F. Industry and small craft industries

Processing industries

29. 3 6 4 L 0 4 2 7 : Council Directive 64/427/EEC of 7 July 1964 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) (OJ 117, 23.7.1964, p. 1863/64), as amended by:

— 3 6 9 L 0 0 7 7 : Council Directive 69/77/EEC of 4 March 1969 (OJ L 59, 10.3.1969, p. 8).

For the purposes of the present agreement, the Directive is amended as follows:

Article 5(3) does not apply.

30. 3 6 4 L 0 4 2 9 : Council Directive 64/429/EEC of 7 July 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self- employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) (OJ 117, 23.7.1964, p. 1880/64), as amended by:

Mining and quarrying

31. 3 6 4 L 0 4 2 8 : Council Directive 64/428/EEC of 7 July 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in mining and quarrying (ISIC Major Groups 11-19) (OJ 117, 23.7.1964, p. 1871/64), as amended by:

Electricity, gas, water and sanitary services

32. 3 6 6 L 0 1 6 2 : Council Directive 66/162/EEC of 28 February 1966 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons engaging in the provision of electricity, gas, water and sanitary services (ISIC Division 5) (OJ 42, 8.3.1966, p. 584/66), as amended by:

Food manufacturing and beverage industries

33. 3 6 8 L 0 3 6 5 : Council Directive 68/365/EEC of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the food manufacturing and beverage industries (ISIC Major Groups 20 and 21) (OJ L 260, 22.10.1968, p. 9), as amended by:

34. 368 L 0366: Council Directive 68/366/EEC of 15 October 1968 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the food manufacturing and beverage industries (ISIC Major Groups 20 and 21) (OJ L 260, 22.10.1968, p. 12).

For the purposes of the present agreement, the Directive is amended as follows:

‘Article 6(3) does not apply.’

Exploration (prospecting and drilling) for petroleum and natural gas

35. 3 6 9 L 0 0 8 2 : Council Directive 69/82/EEC of 13 March 1969 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons engaging in exploration (prospecting and drilling) for petroleum and natural gas (ISIC ex Major Group 13) (OJ L 68, 19.3.1969, p. 4), as amended by:

G. Activities incidental to transport

36. 3 8 2 L 0 4 7 0 : Council Directive 82/470/EEC of 29 June 1982 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of activities of self- employed persons in certain services incidental to transport and travel agencies (ISIC Group 718) and in storage and warehousing (ISIC Group 720) (OJ L 213, 21.7.1982, p. 1), as amended by:

— 1 8 5 I : Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 156)

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

(a) The following text is added to Article 3: ‘Switzerland

A. Expéditeur Spediteur Spedizioniere

Déclarant de douane Zolldeklarant Dichiarante di dogana L 114/58 EN Official Journal of the European Communities 30.4.2002

B. Agent de voyage Reisebürounternehmer Agente di viaggio

C. Entrepositaire Lagerhalter Agente di deposito

D. Expert en automobiles Automobilexperte Perito in automobili

Vérificateur des poids et mesures Eichmeister Verificatore dei pesi e delle misure’

H. Film industry

37. 3 6 3 L 0 6 0 7 : Council Directive 63/607/EEC of 15 October 1963 implementing in respect of the film industry the provisions of the General Programme for the abolition of restrictions on freedom to provide services (OJ 159, 2.11.1963).

38. 3 6 5 L 0 2 6 4 : Second Council Directive 65/264/EEC of 13 May 1965 implementing in respect of the film industry the provisions of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (OJ 85, 19.5.1965, p. 1437/65), as amended by:

39. 3 6 8 L 0 3 6 9 : Council Directive 68/369/EEC of 15 October 1968 concerning the attainment of freedom of establishment in respect of activities of self-employed persons in film distribution (OJ L 260, 22.10.1968, p. 22), as amended by:

40. 3 7 0 L 0 4 5 1 : Council Directive 70/451/EEC of 29 September 1970 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in film production (OJ L 218, 3.10.1970, p. 37), as amended by:

I. Other sectors

Business services in the real estate and other sectors

41. 3 6 7 L 0 0 4 3 : Council Directive 67/43/EEC of 12 January 1967 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons concerned with:

1) matters of ‘real estate’ (excluding 6401) (ISIC Group ex 640)

2) the provision of certain ‘business services not elsewhere classified’ (ISIC Group 839) (OJ 10 of 19.1.1967), as amended by:

— 1 7 9 H : Act concerning the conditions of accession of the Hellenic Republic to the European Communities and the adjustments to the treaties (OJ L 291, 19.11.1979, p. 89)

— 1 8 5 I : Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (OJ L 302, 15.11.1985, p. 156),

— 95/1/EC, Euratom, ECSC: adjusting the instruments concerning the accession of new Member States to the European Union.

For the purposes of the present agreement, the Directive is amended as follows:

(a) The following text is added to Article 2(3):

‘In Switzerland:

— courtier en immeubles

Liegenschaftenmakler

agente immobiliare

— gestionnaire en immeubles

Hausverwalter

amministratore di stabili

— régisseur et courtier en immeubles

Immobilien-Treuhänder

fiduciario immobiliare’

Personal services sector

42. 3 6 8 L 0 3 6 7 : Council Directive 68/367/EEC of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85):

1) restaurants, cafés, taverns and other drinking and eating places (ISIC Group 852)

2) hotels, rooming houses, camps and other lodging places (ISIC Group 853) (OJ L 260, 29.10.1968, p. 16), as amended by:

43. 368 L 0368: Council Directive 68/368/EEC of 15 October 1968 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85):

1) restaurants, cafés, taverns and other drinking and eating places (ISIC Group 852),

2) hotels, rooming houses, camps and other lodging places (ISIC Group 853) (OJ L 260 of 29.10.1968, p. 19).

Various activities

44. 3 7 5 L 0 3 6 8 : Council Directive 75/368/EEC of 16 June 1975 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of various activities (ISIC ex Division 01 to 85) and, in particular, transitional measures in respect of those activities (OJ L 167, 30.6.1975, p. 22). L 114/60 EN Official Journal of the European Communities 30.4.2002

Hairdressing

45. 382 L 0489: Council Directive 82/489/EEC of 19 July 1982 laying down measures to facilitate the effective exercise of the right of establishment and freedom to provide services in hairdressing (OJ L 218, 27.7.1982, p. 24).

J. Agriculture

46. 3 6 3 L 0 2 6 1 : Council Directive 63/261/EEC of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment in agriculture in the territory of a Member State in respect of nationals of other countries of the Community who have been employed as paid agricultural workers in that Member State for a continuous period of two years (OJ 62, 20.4.1963, p. 1323/63), as amended by:

47. 3 6 3 L 0 2 6 2 : Council Directive 63/262/EEC of 2 April 1963 laying down detailed provisions for the attainment of freedom of establishment on agricultural holdings abandoned or left uncultivated for more than two years (OJ 62, 20.4.1963, p. 1326/63), as amended by:

48. 3 6 5 L 0 0 0 1 : Council Directive 65/1/EEC of 14 December 1964 laying down detailed provisions for the attainment of freedom to provide services in agriculture and horticulture (OJ 1, 8.1.1965, p. 1/65), as amended by:

49. 3 6 7 L 0 5 3 0 : Council Directive 67/530/EEC of 25 July 1967 concerning the freedom of nationals of a Member State established as farmers in another Member State to transfer from one holding to another (OJ 190, 10.8.1967, p. 1), as amended by:

50. 3 6 7 L 0 5 3 1 : Council Directive 67/531/EEC of 25 July 1967 concerning the application of the laws of Member States relating to agricultural leases to farmers who are nationals of other Member States (OJ 190, 10.8.1967, p. 3), as amended by:

51. 3 6 7 L 0 5 3 2 : Council Directive 67/532/EEC of 25 July 1967 concerning freedom of access to co- operatives for farmers who are nationals of one Member State and established in another Member State (OJ 190, 10.8.1967, p. 5), as amended by:

52. 3 6 7 L 0 6 5 4 : Council Directive 67/654/EEC of 24 October 1967 laying down detailed provisions for the attainment of freedom of establishment and freedom to provide services in respect of activities of self- employed persons in forestry and logging (OJ 263, 30.10.1967, p. 6), as amended by:

53. 3 6 8 L 0 1 9 2 : Council Directive 68/192/EEC of 5 April 1968 concerning freedom of access to the various forms of credit for farmers who are nationals of one Member State and established in another Member State (OJ L 93, 17.4.1968, p. 13), as amended by:

54. 3 6 8 L 0 4 1 5 : Council Directive 68/415/EEC of 20 December 1968 concerning freedom of access to the various forms of aid for farmers who are nationals of one Member State and established in another Member State (OJ L 308, 23.12.1968, p. 17).

55. 371 L 0018: Council Directive 71/18/EEC of 16 December 1970 laying down detailed provisions for the attainment of freedom of establishment in respect of self-employed persons providing agricultural and horticultural services (OJ L 8, 11.1.1971, p. 24), as amended by:

K. Miscellaneous

56. 3 8 5 D 0 3 6 8 : Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (OJ L 199, 31.7.1985, p. 56).

SECTION B — ACTS OF WHICH THE PARTIES SHALL TAKE NOTE

The contracting parties shall take note of the content of the following acts:

In general terms

57. C/81/74/p.1: Communication from the Commission concerning the proofs, declarations and certificates relating to good repute, absence of previous bankruptcy, nature and duration of activity in country of provenance, provided for in Council Directives adopted before 1 June 1973 in the field of freedom of establishment and freedom to provide services (OJ C 81, 13.7.1974, p. 1).

58. 3 7 4 Y 0 8 2 0 ( 0 1 ) : Council Resolution of 6 June 1974 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications (OJ C 98, 20.8.1974, p. 1).

General system

59. 3 8 9 L 0 0 4 8 : Declaration of the Council and the Commission on Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ L 19, 24.1.1989, p. 23).

Doctors

60. 3 7 5 X 0 3 6 6 : Council Recommendation 75/366/EEC of 16 June 1975 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in medicine conferred in a third country (OJ L 167, 30.6.1975, p. 20).

61. 375 X 0367: Council Recommendation 75/367/EEC of 16 June 1975 on the clinical training of doctors (OJ L 167, 30.6.1975, p. 21). L 114/62 EN Official Journal of the European Communities 30.4.2002

62. 3 7 5 Y 0 7 0 1 ( 0 1 ) : Council statements made on adopting the texts concerning freedom of establishment and freedom to provide services for doctors within the Community (OJ C 146, 1.7.1975, p. 1).

63. 3 8 6 X 0 4 5 8 : Council Recommendation 86/458/EEC of 15 September 1986 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in medicine conferred by a third State (OJ L 167, 30.6.1975, p. 30).

64. 3 8 9 X 0 6 0 1 : Commission Recommendation 89/601/EEC of 8 November 1989 concerning the training of health personnel in the matter of cancer (OJ L 346, 27.11.1989, p. 1).

Dental surgeons

65. 3 7 8 Y 0 8 2 4 ( 0 1 ) : Council Statement on the Directive concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental surgeons (OJ C 202, 24.8.1978, p. 1).

Veterinary medicine

66. 3 7 8 X 1 0 2 9 : Council Recommendation 78/1029/EEC of 18 December 1978 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in veterinary medicine conferred in a third country (OJ L 362, 23.12.1978, p. 12).

67. 3 7 8 Y 1 2 2 3 ( 0 1 ) : Council statements on the Directive concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ C 308, 23.12.1978, p. 1).

Pharmacy

68. 3 8 5 X 0 4 3 5 : Council Recommendation 85/435/EEC of 16 September 1985 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in pharmacy conferred in a third State (OJ L 253, 24.9.1985, p. 45).

Architecture

69. 385 X 0386: Council Recommendation 85/386/EEC of 10 June 1985 concerning holders of a diploma in architecture awarded in a third country (OJ L 223, 21.8.1985, p. 28).

Wholesale trade

70. 3 6 5 X 0 0 7 7 : Commission Recommendation 65/77/EEC of 12 January 1965 to Member States relating to certificates concerning the pursuit of professional activities in the country of origin, provided for in Article 4 paragraph 2 of Council Directive 64/222/EEC (OJ 24, 11.2.1965, p. 413/65).

Industy and small craft industries

71. 3 6 5 X 0 0 7 6 : Commission Recommendation 65/76/EEC of 12 January 1965 to Member States on certificates concerning the pursuit of a profession in the country of origin, provided for in Article 4, paragraph 2 of Council Directive 64/427/EEC (OJ 24, 11.2.1965, p. 410/65).

72. 369 X 0174: Commission Recommandation 69/174/CEE of 22 May 1969 to Member States on certificates concerning the exercise of a profession in the country of origin, provided for in Article 5, paragraph 2 of Council Directive 68/366/EEC (OJ L 146 of 18.6.1969, p. 4). 30.4.2002 EN Official Journal of the European Communities L 114/63

PROTOCOL ON SECONDARY RESIDENCES IN DENMARK

The Contracting Parties agree that Protocol 1 to the Treaty establishing the European Community concerning acquisition of real estate property in Denmark also applies to this agreement concerning Swiss nationals’ acquisition of second homes in Denmark.

PROTOCOL REGARDING THE AALAND ISLANDS

The Contracting Parties agree that Protocol 2 to the Act of Accession of Finland to the European Union concerning the Aaland Islands also applies to this agreement. L 114/64 EN Official Journal of the European Communities 30.4.2002

FINAL ACT

The plenipotentiaries of

THE KINGDOM OF BELGIUM

THE KINGDOM OF DENMARK

THE FEDERAL REPUBLIC OF GERMANY

THE HELLENIC REPUBLIC

THE KINGDOM OF SPAIN

THE FRENCH REPUBLIC

IRELAND

THE ITALIAN REPUBLIC

THE GRAND DUCHY OF LUXEMBOURG

THE KINGDOM OF THE NETHERLANDS

THE REPUBLIC OF AUSTRIA

THE PORTUGUESE REPUBLIC

THE REPUBLIC OF FINLAND

THE KINGDOM OF SWEDEN

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

and

of the EUROPEAN COMMUNITY

of the one part, and

of the SWISS CONFEDERATION

of the other part,

meeting on 21 June 1999 in Luxembourg for the signature of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, have adopted the Joint Declarations mentioned below and attached to this Final Act:

— Joint declaration on the general liberalisation of service provision

— Joint declaration on retirement pensions of former employees of institutions of the European Communities resident in Switzerland

— Joint declaration on the application of the agreement

— Joint declaration on further negotiations. 30.4.2002 EN Official Journal of the European Communities L 114/65

They also took note of the following declarations annexed to this Final Act:

— Declaration by Switzerland on renewal of the Agreement

— Declaration by Switzerland on migration and asylum policy

— Declaration by Switzerland on the recognition of architects’ diplomas

— Declaration by the European Community and its Member States on Articles 1 and 17 of Annex I

— Declaration on Swiss attendance of committees.

Hecho en Luxemburgo, el ventiuno de junio de mil novecientos noventa y nueve.

Udfærdiget i Luxembourg den enogtyvende juni nitten hundrede og nioghalvfems.

Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig.

'Εγινε στο Λουξεµβου΄ργο, στις ει΄κοσι µι΄α Ιουνι΄ου χι΄λια εννιακο΄σια ενενη΄ντα εννε΄α.

Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine.

Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf.

Fatto a Lussemburgo, addı` ventuno giugno millenovecentonovantanove.

Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig.

Feito em Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove.

Tehty Luxemburgissa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdek- sänkymmentäyhdeksän.

Som skedde i Luxemburg den tjugoförsta juni nittonhundranittionio.

Pour le Royaume de Belgique Voor het Koninkrijk België Für das Königreich Belgien

Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.

På Kongeriget Danmarks vegne L 114/66 EN Official Journal of the European Communities 30.4.2002

Für die Bundesrepublik Deutschland

Για την Ελληνικη΄ ∆ηµοκρατι΄α

Por el Reino de Espan˜ a

Pour la République française

Thar cheann Na hE´ireann For Ireland 30.4.2002 EN Official Journal of the European Communities L 114/67

Per la Repubblica italiana

Pour le Grand-Duché de Luxembourg

Voor het Koninkrijk der Nederlanden

Für die Republik O¨ sterreich

Pela Repu´ blica Portuguesa L 114/68 EN Official Journal of the European Communities 30.4.2002

Suomen tasavallan puolesta För Republiken Finland

För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

Für der schweizerischen Eidgenossenschaft Pour la Confédération suisse Per la Confederazione svizzera L 114/70 EN Official Journal of the European Communities 30.4.2002

JOINT DECLARATION

on the general liberalisation of service provision

The Contracting Parties undertake to commence as soon as possible negotiations on the general liberalisation of service provision on the basis of the acquis communautaire.

JOINT DECLARATION

on retirement pensions of former employees of institutions of the European Communities resident in Switzerland

The Commission of the European Communities and Switzerland undertake to seek an appropriate solution to the problem of the double taxation of the retirement pensions of former employees of institutions of the European Communities resident in Switzerland.

JOINT DECLARATION

on the application of the Agreement

The Contracting Parties will take the necessary measures to apply the acquis communautaire to nationals of the other Contracting Party in accordance with the Agreement concluded between them.

JOINT DECLARATION

on further negotiations

The European Community and the Swiss Confederation declare their intention of undertaking negotiations to conclude agreements in areas of common interest such as the updating of Protocol 2 to the 1972 Free Trade Agreement and Swiss participation in certain Community training, youth, media, statistical and environmental programmes. Preparatory work for these negotiations should proceed rapidly once the current bilateral negotiations have been concluded. 30.4.2002 EN Official Journal of the European Communities L 114/71

DECLARATION BY SWITZERLAND

on renewal of the agreement

Switzerland declares that it will reach a decision on renewal of the agreement during the seventh year of its application, on the basis of the applicable internal procedures.

DECLARATION BY SWITZERLAND

on migration and asylum policy

Switzerland reaffirms its wish to reinforce cooperation with the EU and its Member States in the area of migration and asylum policy. To this end, Switzerland is willing to participate in the EU system for coordinating asylum applications, and it proposes that negotiations be entered into for the conclusion of a convention parallel to the Dublin Convention (Convention Determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities, signed in Dublin on 15 June 1990).

DECLARATION BY SWITZERLAND

on the recognition of architects’ diplomas

Switzerland will be proposing to the Joint Committee of the Agreement on Free Movement of Persons, as soon as this is established, that a decision be taken to include architects’ diplomas awarded by Swiss universities of applied sciences in Annex III to the Agreement on Free Movement of Persons, in accordance with the provisions of Directive 85/384/EEC of 10 June 1986. L 114/72 EN Official Journal of the European Communities 30.4.2002

DECLARATION BY THE EUROPEAN COMMUNITY AND ITS MEMBER STATES

on articles 1 and 17 of annex I

The European Community and its Member States declare that Articles 1 and 17 of Annex I to the Agreement shall be without prejudice to the acquis communautaire as regards the conditions of posting of employees who are nationals of a third country in the context of the cross-border provision of services.

DECLARATION

on swiss attendance of committees

The Council agrees that Switzerland’s representatives may, in so far as the items concern them, attend meetings of the following committees and expert working parties as observers: — Committees of research programmes, including the Scientific and Technical Research Committee (CREST) — Administrative Commission on Social Security for Migrant Workers — Coordinating Group on the mutual recognition of higher-education diplomas — Advisory committees on air routes and the application of competition rules in the field of air transport.

Switzerland’s representatives shall not be present when these committees vote.

In the case of other committees dealing with areas covered by these agreements in which Switzerland has adopted either the acquis communautaire or equivalent measures, the Commission will consult Swiss experts by the method specified in Article 100 of the EEA Agreement. 30.4.2002 EN Official Journal of the European Communities L 114/73

AGREEMENT

between the European Community and the Swiss Confederation on Air Transport

THE SWISS CONFEDERATION hereinafter referred to as ‘Switzerland’,

and

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, hereinafter referred to as ‘the Contracting Parties’,

RECOGNISING the integrated character of international civil aviation and desiring that regulations for intra-European air transport be harmonised;

DESIRING to set out rules for civil aviation within the area covered by the Community and Switzerland, rules which are without prejudice to those contained in the Treaty establishing the European Community (hereinafter referred to as the ‘EC Treaty’) and in particular to existing Community competences under Articles 81 and 82 of the EC Treaty and the competition rules derived therefrom;

AGREEING that it is appropriate to base these rules on the legislation which is in force within the Community at the time of signature of this Agreement;

DESIRING to prevent, in full deference to the independence of the courts, divergent interpretations and to arrive at as uniform an interpretation as possible of the provisions of this Agreement and the corresponding provisions of Community law which are substantially reproduced in this Agreement,

HAVE AGREED AS FOLLOWS:

CHAPTER 1 Article 2 The provisions of this Agreement and its Annex shall apply to Objectives the extent that they concern air transport or matters directly related to air transport as mentioned in the Annex to this Article 1 Agreement.

CHAPTER 2 1. This Agreement sets out rules for the Contracting Parties in the field of civil aviation. These provisions are without General Provisions prejudice to those contained in the EC Treaty and in particular to existing Community competences under the competition Article 3 rules and the regulations of application of such rules, as well Within the scope of this Agreement, and without prejudice to as under all relevant Community legislation listed in the Annex any special provisions contained therein, any discrimination to this Agreement. on grounds of nationality shall be prohibited.

Article 4 2. For this purpose, the provisions laid down in this Agreement as well as in the regulations and directives specified Within the scope of this Agreement and without prejudice to in the Annex shall apply under the condition set out hereafter. the provisions of Council Regulation (EEC) No 2407/92, as Insofar as they are identical in substance to corresponding included in the Annex to this Agreement, there shall be no rules of the EC Treaty and to acts adopted in application of restrictions on the freedom of establishment of nationals of an that Treaty, those provisions shall, in their implementation EC Member State or Switzerland in the territory of any of these and application, be interpreted in conformity with the relevant States. This shall also apply to the setting up of agencies, rulings and decisions of the Court of Justice and the Com- branches and subsidiaries by nationals of any EC Member State mission of the European Communities given prior to the date or Switzerland established in the territory of any of these of signature of this Agreement. The rulings and decisions States. Freedom of establishment shall include the right to take given after the date of signature of this Agreement shall be up and pursue activities as self-employed persons and to set communicated to Switzerland. At the request of one of the up and manage undertakings, in particular companies or firms Contracting Parties, the implications of such latter rulings and within the meaning of Article 5, paragraph 2, under the decisions shall be determined by the Joint Committee in view conditions laid down for its own nationals by the law of the of ensuring the proper functioning of this Agreement. country where such establishment is effected. L 114/74 EN Official Journal of the European Communities 30.4.2002

Article 5 2. Any agreements or decisions prohibited pursuant to this Article shall be automatically void.

1. Within the scope of this Agreement, companies or firms formed in accordance with the law of an EC Member State 3. The provisions of paragraph 1 may, however, be declared or Switzerland and having their registered office, central inapplicable in the case of: administration or principal place of business within the Community or Switzerland shall be treated in the same way as — any agreement or category of agreements between under- natural persons who are nationals of EC Member States or takings, Switzerland. — any decision or category of decisions by associations of undertakings, 2. ‘Companies or firms’ means companies or firms consti- tuted under civil or commercial law, including cooperative — any concerted practice or category of concerted practices, societies, and other legal persons governed by public or private law, save for those which are non-profit-making. which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, Article 6 and which does not:

(a) impose on the undertakings concerned restrictions which Articles 4 and 5 shall not apply, as far as a Contracting Party are not indispensable to the attainment of these objec- is concerned, to activities which in that Contracting Party are tives; connected, even occasionally, with the exercise of official authority. (b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question. Article 7

Articles 4 and 5 and measures taken in pursuance thereof shall Article 9 not prejudice the applicability of provisions laid down by law, regulation or administrative action providing for special Any abuse by one or more undertakings of a dominant treatment for foreign nationals on grounds of public policy, position within the territory covered by this Agreement or in public security or public health. a substantial part of it shall be prohibited as incompatible with this Agreement insofar as it may affect trade between the Contracting Parties. Article 8 Such abuse may, in particular, consist in: 1. The following shall be prohibited as incompatible with this Agreement: all agreements between undertakings, (a) directly or indirectly imposing unfair purchase or selling decisions by associations of undertakings and concerted prac- prices or other unfair trading conditions; tices which may affect trade between the Contracting Parties and which have as their object or effect the prevention, (b) limiting production, markets or technical development to restriction or distortion of competition within the territory the prejudice of consumers; covered by this Agreement, and in particular those which: (c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a (a) directly or indirectly fix purchase or selling prices or any competitive disadvantage; other trading conditions; (d) making the conclusion of contracts subject to acceptance (b) limit or control production, markets, technical develop- by the other parties of supplementary obligations which, ment, or investment; by their nature or according to commercial usage, have no connection with the subject of such contracts. (c) share markets or sources of supply;

(d) apply dissimilar conditions to equivalent transactions Article 10 with other trading parties, thereby placing them at a competitive disadvantage; All agreements, decisions and concerted practices, which have as their object or effect the prevention, restriction or distortion (e) make the conclusion of contracts subject to acceptance of competition, as well as abuses of a dominant position, by the other parties of supplementary obligations which, which may only affect trade within Switzerland, shall be by their nature or according to commercial usage, have subject to Swiss law and remain under the competence of the no connection with the subject of such contracts. Swiss authorities. 30.4.2002 EN Official Journal of the European Communities L 114/75

Article 11 3. The following may be considered to be compatible with this Agreement:

1. The provisions of Articles 8 and 9 shall be applied and (a) aid to promote the economic development of areas where concentrations between undertakings shall be controlled by the standard of living is abnormally low or where there is the Community institutions in accordance with Community serious under-employment; legislation as set out in the Annex to this Agreement, taking into account the need for close cooperation between the (b) aid to promote the execution of an important project of Community institutions and the Swiss authorities. common European interest or to remedy a serious disturbance in the economy of a Contracting Party;

2. The Swiss authorities shall rule, in accordance with the (c) aid to facilitate the development of certain economic provisions of Articles 8 and 9, on the admissibility of all activities or of certain economic areas, where such aid agreements, decisions and concerted practices as well as abuses does not adversely affect trading conditions to an extent of a dominant position concerning routes between Switzerland contrary to the common interest. and third countries.

Article 14 Article 12 The Commission and the Swiss authorities shall keep under constant review matters to which reference is made in 1. In the case of public undertakings and undertakings to Article 12 and all systems of aid existing respectively in the EC which EC Member States or Switzerland grant special or Member States and in Switzerland. Each Contracting Party exclusive rights, the Contracting Parties shall ensure that there shall ensure that the other Contracting Party is informed of is neither enacted nor maintained in force any measure any procedure initiated to guarantee respect of the rules of contrary to the rules contained in this Agreement. Articles 12 and 13 and, if necessary, may submit observations before any final decision is taken. Upon request by one Contracting Party, the Joint Committee shall discuss any 2. Undertakings entrusted with the operation of services of appropriate measures required by the purpose and functioning general economic interest or having the character of a revenue- of this Agreement. producing monopoly, shall be subject to the rules contained in this Agreement, in particular to the rules on competition, insofar as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned CHAPTER 3 to them. The development of trade must not be affected to such an extent as would be contrary to the interests of the Contracting Parties. Traffic Rights

Article 15 Article 13

1. Subject to the provisions of Council Regulation (EEC) 1. Save as otherwise provided in this Agreement, any aid No 2408/92, as included in the Annex to this Agreement: granted by Switzerland or by an EC Member State or through State resources in any form whatsoever which distorts or — Community and Swiss air carriers shall be granted traffic threatens to distort competition by favouring certain undertak- rights between any point in Switzerland and any point in ings or the production of certain goods shall, insofar as it the Community; affects trade between Contracting Parties, be incompatible with this Agreement. — two years after the entry into force of this Agreement, Swiss air carriers shall be granted traffic rights between points in different EC Member States. 2. The following shall be compatible with this Agreement:

(a) aid having a social character, granted to individual 2. For the purpose of paragraph 1: consumers, provided that such aid is granted without discrimination related to the origin of the products — Community air carrier shall mean an air carrier which concerned; has its principal place of business and, if any, its registered office in the Community and which is licensed according (b) aid to make good the damage caused by natural disasters to the provisions of Council Regulation (EEC) or exceptional occurrences. No 2407/92, as included in the Annex to this Agreement; L 114/76 EN Official Journal of the European Communities 30.4.2002

— Swiss air carrier shall mean an air carrier which has its 3. Any enforcement action under paragraphs 1 and 2 shall principal place of business and, if any, its registered office be carried out in accordance with Article 19. in Switzerland and which is licensed according to the provisions of Council Regulation (EEC) No 2407/92, as included in the Annex to this Agreement. Article 19

3. The Contracting Parties shall undertake negotiations on 1. Each Contracting Party shall give the other Contracting the possible extension of the scope of this Article to cover Party all necessary information and assistance in the case of traffic rights between points within Switzerland and between investigations on possible infringements which that other points within the EC Member States five years after the entry Contracting Party carries out under its respective competences into force of this Agreement. as provided in this Agreement.

2. Whenever the Community institutions act under the Article 16 powers granted to them by this Agreement on matters which are of interest to Switzerland and which concern the Swiss The provisions of this Chapter supersede the relevant pro- authorities or Swiss undertakings, the Swiss authorities shall visions of existing bilateral arrangements between Switzerland be fully informed and given the opportunity to comment and the EC Member States. However, existing traffic rights before a final decision is taken. which originate from these bilateral arrangements and which are not covered under Article 15 can continue to be exercised, provided that there is no discrimination on the grounds of Article 20 nationality and competition is not distorted. All questions concerning the validity of decisions of the institutions of the Community taken on the basis of their competences under this Agreement, shall be of the exclusive CHAPTER 4 competence of the Court of Justice of the European Communi- ties.

Enforcement of the Agreement

CHAPTER 5 Article 17 Joint Committee The Contracting Parties shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Agreement and shall refrain Article 21 from any measures which would jeopardise attainment of the objectives of this Agreement. 1. A committee composed of representatives of the Con- tracting Parties, to be known as the ‘Community/Switzerland Air Transport Committee’ (hereinafter referred to as the Joint Article 18 Committee), is hereby established which shall be responsible for the administration of this Agreement and shall ensure its proper implementation. For this purpose it shall make 1. Without prejudice to paragraph 2 and the provisions of recommendations and take decisions in the cases provided for Chapter 2, each Contracting Party shall be responsible in its in this Agreement. The decisions of the Joint Committee shall own territory for the proper enforcement of this Agreement be put into effect by the Contracting Parties in accordance and, in particular, the regulations and directives listed in the with their own rules. The Joint Committee shall act by mutual Annex. agreement.

2. In cases which may affect air services to be authorised 2. For the purpose of the proper implementation of this under Chapter 3, the Community institutions shall enjoy the Agreement, the Contracting Parties shall exchange information powers granted to them under the provisions of the regulations and, at the request of either Contracting Party, shall hold and directives whose application is explicitly confirmed in the consultations within the Joint Committee. Annex. However, in cases where Switzerland has taken or envisages taking measures of an environmental nature under either Article 8(2) or 9 of Council Regulation (EEC) 3. The Joint Committee shall adopt, by a decision, its rules No 2408/92, the Joint Committee, upon request by one of the of procedure which shall include, among other provisions, the Contracting Parties, shall decide whether those measures are procedures for convening meetings, appointing the Chairman in conformity with this Agreement. and laying down the latter’s terms of reference. 30.4.2002 EN Official Journal of the European Communities L 114/77

4. The Joint Committee shall meet as and when necessary, CHAPTER 6 and at least once a year. Either Contracting Party may request the convening of a meeting. New Legislation

Article 23 5. The Joint Committee may decide to set up any working party that can assist it in carrying out its duties. 1. The Agreement shall be without prejudice to the right of each Contracting Party, subject to compliance with the principle of non-discrimination and the provisions of this Agree- Article 22 ment, to amend unilaterally its legislation on a point regulated by this Agreement.

1. A decision of the Joint Committee shall be binding upon 2. As soon as new legislation is being drawn up by one of the Contracting Parties. the Contracting Parties, it shall informally seek advice from experts of the other Contracting Party. During the period preceding the formal adoption of new legislation, the Con- tracting Parties shall inform and consult each other as closely 2. If, in the view of one of the Contracting Parties, a as possible. At the request of one of the Contracting Parties, a decision of the Joint Committee is not properly implemented preliminary exchange of views may take place in the Joint by the other Contracting Party, the former may request that Committee. the issue be discussed by the Joint Committee. If the Joint Committee cannot solve the issue within two months of its 3. As soon as a Contracting Party has adopted an amend- referral, that Contracting Party may take appropriate tempor- ment of its legislation, it shall inform the other Contracting ary safeguard measures under Article 31 for a period not Party at the latest eight days after the publication in the Official exceeding 6 months. Journal of the European Communities or the Official Compendium of Swiss Federal Law. Upon request of one Contracting Party, the Joint Committee shall hold an exchange of views on the implications of such an amendment for the proper functioning 3. The decisions of the Joint Committee shall be published of this Agreement within six weeks after the request at the in the and the Official Journal of the European Communities latest. Official Compendium of Swiss Federal Law. Each decision shall state the date of its implementation in the Contracting Parties and any other information likely to concern economic 4. The Joint Committee shall: operators. The decisions shall be submitted if necessary for ratification or approval by the Contracting Parties in accord- — either adopt a decision revising the Annex or, if necessary, ance with their own procedures. propose a revision of the provisions of this Agreement, so as to integrate therein, if necessary on a basis of reciprocity, the amendments made to the legislation in question; 4. The Contracting Parties shall notify each other of the completion of this formality. If upon the expiry of a period of — or adopt a decision to the effect that the amendments to twelve months after adoption of a decision by the Joint the legislation in question shall be regarded as being in Committee such notification has not taken place, paragraph 5 accordance with the proper functioning of this Agree- shall apply mutatis mutandis. ment;

— or decide any other measure to safeguard the proper functioning of this Agreement. 5. Without prejudice to paragraph 2, if the Joint Committee does not take a decision on an issue which has been referred to it within six months of the date of referral, the Contracting Parties may take appropriate temporary safeguard measures CHAPTER 7 under Article 31 for a period not exceeding six months. Third countries and international organisations

6. As regards legislation covered by Article 23 which has Article 24 been adopted between the signature of this Agreement and its entry into force and of which the other Contracting Party has The Contracting Parties shall consult with each other in due been informed, the date of referral in paragraph 5 shall be time at the request of either Contracting Party, in accordance taken as the date on which the information was received. The with the procedures laid down in Articles 25, 26 and 27: date on which the Joint Committee shall reach a decision may not be earlier than two months after the date of entry into (a) on air transport questions dealt with in international force of this Agreement. organisations; and L 114/78 EN Official Journal of the European Communities 30.4.2002

(b) on the various aspects of possible developments in CHAPTER 8 relations between Contracting Parties and third countries in air transport, and on the functioning of the significant Final Provisions elements of bilateral or multilateral agreements concluded in this field. Article 28

The consultations shall be held within one month of the The representatives, experts and other servants of the Con- request or as soon as possible in urgent cases. tracting Parties shall be required, even after their duties have ceased, not to disclose information, obtained in the framework of this Agreement, which is covered by the obligation of Article 25 professional secrecy.

1. The main aims of the consultations provided for in Article 29 Article 24(a) shall be: Each Contracting Party may bring a matter under dispute (a) to determine jointly whether the questions raise problems which concerns the interpretation or application of this of common interest; and Agreement before the Joint Committee. The latter shall endeavour to settle the dispute. The Joint Committee shall be (b) depending upon the nature of such problems: provided with all information which might be of use in making possible an in-depth examination of the situation, with a view — to consider jointly whether Contracting Parties’ to finding an acceptable solution. To this end, the Joint action within the international organisations con- Committee shall examine all possibilities of maintaining the cerned should be coordinated, or good functioning of this Agreement. The provisions of this Article shall not apply to questions which are within the — to consider jointly any other approach which might exclusive competence of the Court of Justice of the European be appropriate. Communities under Article 20.

2. The Contracting Parties shall as soon as possible Article 30 exchange any information of relevance to the aims described in paragraph 1. 1. If one of the Contracting Parties wishes to revise the provisions of this Agreement, it shall notify the Joint Com- mittee accordingly. The amendment to this Agreement shall Article 26 enter into force after completion of the respective internal procedures. 1. The main aims of the consultations provided for in Article 24(b) shall be to examine the relevant issues and to 2. The Joint Committee may, upon the proposal of one consider any approach which might be appropriate. Contracting Party and in accordance with Article 23, decide to modify the Annex. 2. For the purpose of the consultations referred to in paragraph 1, each Contracting Party shall inform the other Article 31 Contracting Party of possible developments in the field of air transport and of the operation of bilateral or multilateral If one Contracting Party refuses to comply with any obligation agreements concluded in that field. under this Agreement, the other Contracting Party may, without prejudice to Article 22 and after having completed any other applicable procedure provided for in this Agreement, Article 27 take appropriate temporary safeguard measures in order to maintain the balance of this Agreement. 1. The consultations provided for in Articles 24, 25 and 26 shall take place within the framework of the Joint Committee. Article 32

The Annex to this Agreement shall form an integral part 2. If an agreement between one of the Contracting Parties thereof. and a third country or an international organisation were to affect negatively the interests of the other Contracting Party, the latter, notwithstanding the provisions of Council Regu- Article 33 lation (EEC) No 2408/92, as included in the Annex to this Agreement, may take appropriate temporary safeguard Without prejudice to Article 16, this Agreement shall super- measures in the field of market access in order to maintain the sede the relevant provisions of bilateral arrangements in force balance of this Agreement. Such measures may, however, be between Switzerland on the one hand and EC Member States adopted only after consultations on this issue have taken place on the other hand concerning any matter covered by this within the Joint Committee. Agreement and the Annex thereof. 30.4.2002 EN Official Journal of the European Communities L 114/79

Article 34 — agreement on air transport,

This Agreement shall apply, on the one hand to the territories — agreement on the free movement of persons, in which the Treaty establishing the European Community is — agreement on the carriage of goods and passengers by applied and under the conditions laid down in that Treaty and, rail and road, on the other, to the territory of Switzerland. — agreement on trade in agricultural products, Article 35 — agreement on certain aspects of government procurement, 1. In the event of termination of this Agreement, under the provisions of Article 36(4), air services operated at the date of — agreement on mutual recognition in relation to conform- its expiry under the provisions of Article 15 may continue ity assessment, until the end of the scheduling season into which that date of expiry falls. — agreement on scientific and technological cooperation.

2. The rights and obligations acquired by undertakings by 2. This Agreement shall be concluded for an initial period virtue of Articles 4 and 5 of this Agreement and of the rules of of seven years. It shall be renewed indefinitely unless the Council Regulation (EEC) No 2407/92 as included in the Community or Switzerland notifies the other Contracting Annex to this Agreement, shall not be affected by the Party to the contrary before the initial period expires. Where termination of this Agreement under the provisions of such notification is given, paragraph 4 shall apply. Article 36(4). 3. The Community or Switzerland may terminate this Article 36 Agreement by notifying its decision to the other Contracting Party. Where such notification is given, paragraph 4 shall 1. This Agreement shall be ratified or approved by the apply. Contracting Parties in accordance with their own procedures. It shall enter into force on the first day of the second 4. The seven agreements referred to in paragraph 1 shall month following the final notification of the deposit of the cease to be applicable six months after receipt of the notifi- instruments of ratification or approval of all the following cation of non-renewal, as referred to in paragraph 2, or of seven agreements: termination, as referred to in paragraph 3.

Udfærdiget i Luxembourg, den enogtyvende juni nitten hundrede og nioghalvfems,i to eksemplarer på dansk, engelsk, finsk, fransk, græsk, italiensk, nederlandsk, portugisisk, spansk, svensk og tysk, idet hver af disse tekster har samme gyldighed.

Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig in zwei Urschriften in dänischer, deutscher, englischer, finnischer, französischer, griechischer, italienischer, niederländischer, portugiesischer, spanischer und schwedischer Sprache, wobei jeder dieser Wortlaute gleichermaßen verbindlich ist.

'Εγινε στο Λουξεµβου΄ργο, στις ει΄κοσι µι΄α Ιουνι΄ου χι΄λια εννιακο΄σια ενενη΄ντα εννε΄α, σε δυ΄ο αντι΄γραφα στην αγγλικη΄, γαλλικη΄, γερµανικη΄, δανικη΄, ελληνικη΄, ισπανικη΄, ιταλικη΄, ολλανδικη΄, πορτογαλικη΄, σουηδικη΄ και φινλανδικη΄ γλω΄σσα· καθε΄να απο΄ τα κει΄µενα ει΄ναι εξι΄σου αυθεντικο΄.

Done at Luxembourg on the twenty-first day of June in the year one thousand and ninety-nine, in two copies in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of those texts being equally authentic.

Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf, en deux exemplaires en langues allemande, anglaise, danoise, espagnole, finnoise, française, grecque, italienne, néerlandaise, portugaise et suédoise, chacun de ces textes faisant également foi.

Fatto a Lussemburgo, addı` ventuno giugno millenovecentonovantanove, in due copie, nelle lingue danese, finlandese, francese, greca, inglese, italiana, olandese, portoghese, spagnola, svedese e tedesca, ciascun testo facente ugualmente fede.

Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig, in tweevoud, in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle teksten gelijkelijk authentiek. L 114/80 EN Official Journal of the European Communities 30.4.2002

Tehty Luxemburgissa kahdentenakymmenentenäensimmäusenä päivänä kesäkuuta vuonna tuhatyhdeksänsa- taayhdeksänkymmentäyhdeksän kahtena kappaleena englannin, espanjan, hollannin, italian, kreikan, portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellä, ja jokainen teksti on yhtä todistuvsvoimainen.

Por la Confederacio´ n Suiza For Det Schweiziske Edsforbund Für der Schweizerischen Eidgenossenschaft Για την Ελβετικη΄ Συνοµοσπονδι΄α For the Swiss Confederation Pour la Confédération suisse Per la Confederazione svizzera Voor de Zwitserse Bondsstaat Pela Confederaça˜o Suı´ça Sveitsin valaliiton puolesta På Schweiziska Edsförbundets vägnar 30.4.2002 EN Official Journal of the European Communities L 114/81

ANNEX

For the purposes of this Agreement:

— wherever acts specified in this Annex contain references to Member States of the European Community, or a requirement for a link with the latter, the references shall, for the purpose of the Agreement, be understood to apply equally to Switzerland or to the requirement of a link with Switzerland;

— without prejudice to Article 15 of this Agreement, the term ‘Community air carrier’ referred to in the following Community directives and regulations shall include an air carrier which is licensed and has its principal place of business and, if any, its registered office in Switzerland according to the provisions of Council Regulation (EEC) No 2407/92.

1. Third aviation package of liberalisation and other civil aviation rules

No 2407/92

Council Regulation of 23 July 1992 on licensing of air carriers.

(Articles 1-18)

(As regards the application of Article 13(3), the reference to Article 169 of the EC Treaty shall be understood to mean a reference to the applicable procedures of this Agreement)

No 2408/92

Council Regulation of 23 July 1992 on access for Community air carriers to intra-Community air routes.

(Articles 1-10, 12-15)

(The annexes shall be amended in order to include Swiss airports)

No 2409/92

Council Regulation of 23 July 1992 on fares and rates for air services.

(Articles 1-11)

No 295/91

Council Regulation of 4 February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport.

(Articles 1-9)

No 2299/89

Council Regulation of 24 July 1989 introducing a code of conduct for computer reservation systems, as amended by Council Regulation (EEC) No 3089/93.

(Articles 1-22) L 114/82 EN Official Journal of the European Communities 30.4.2002

No 3089/93

Council Regulation of 29 October 1993 amending Regulation (EEC) No 2299/89 on a code of conduct for computerised reservation systems.

(Article 1)

80/51

Council Directive of 20 December 1979 on the limitation of noise emissions from subsonic aircraft, as amended by Directive 83/206/EEC.

(Articles 1-9)

89/629

Council Directive of 4 December 1989 on the limitation of noise emissions from civil subsonic jet aeroplanes.

(Articles 1-8)

92/14

Council Directive of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part III, Chapter 2, Volume I of Annex 16 to the Convention of International Civil Aviation, second edition (1988).

(Articles 1-11)

91/670

Council Directive of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation.

(Articles 1-8)

No 95/93

Council Regulation of 18 January 1993 on common rules for the allocation of slots at Community airports.

(Articles 1-12)

96/67

Council Directive of 15 October 1996 on access to the groundhandling market at Community airports.

(Articles 1-9, 11-23, 25)

No 2027/97

Council Regulation of 9 October 1997 on air carrier liability in the event of accidents.

(Articles 1-8) 30.4.2002 EN Official Journal of the European Communities L 114/83

No 323/1999

Council Regulation of 8 February 1999 amending Regulation (EEC) No 2229/89 on a code of conduct for computer reservation systems (CRSs).

(Articles 1 and 2)

2. Competition rules

Any reference in the following texts to Articles 81 and 82 of the Treaty shall be understood to mean Articles 8 and 9 of this Agreement.

No 17/62

Council Regulation of 6 February 1962 implementing Articles 81 and 82 of the Treaty, as amended by Regulation No 59, by Regulation No 118/63/EEC and by Regulation (EEC) No 2822/71.

(Articles 1-9, 10(1)-(2), 11-14, 15(1), 15(2), 15(4)-(6), 16(1)-(2), 17-24)

No 141/62

Council Regulation of 26 November 1962 exempting transport from the application of Regulation No 17, as amended by Regulations Nos 165/65/EEC and 1002/67/EEC.

(Articles 1-3)

No 3385/94

Commission Regulation of 21 December 1994 on the form, content and other details of applications and notifications provided for in Council Regulation No 17.

(Articles 1-5)

No 99/63

Commission Regulation of 25 July 1963 on the hearings provided for in Article 19(1) and (2) of Council Regulation No 17.

(Articles 1-11)

No 2988/74

Council Regulation of 26 November 1974 concerning limitation periods in proceedings and the enforcement of sanctions under the rules of the EEC relating to transport and competition.

(Articles 1-7)

No 3975/87

Council Regulation of 14 December 1987 laying down the procedures for the application of the rules on competition to undertakings in the air transport sector, as amended by Regulations (EEC) No 1284/91 and (EEC) No 2410/92 (see below).

(Articles 1-7, 8(1), 8(2), 9-11, 12(1), 12(2), 12(4), 12(5), 13(1), 13(2), 14-19) L 114/84 EN Official Journal of the European Communities 30.4.2002

No 1284/91

Council Regulation of 14 May 1991 amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector.

(Article 1)

No 2410/92

Council Regulation of 23 July 1992 amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector.

(Article 1)

No 3976/87

Council Regulation of 14 December 1987 on the application of Article 81(3) of the Treaty to certain categories of agreement and concerted practices in the air transport sector, as amended by Regulations (EEC) No 2344/90 and (EEC) No 2411/92 (see below).

(Articles 1-5, 7)

No 2344/90

Council Regulation of 24 July 1990 amending Regulation (EEC) No 3976/87 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector.

(Article 1)

No 2411/92

Council Regulation of 23 July 1992 amending Regulation (EEC) No 3976/87 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector.

(Article 1)

No 3652/93 (*)

Commission Regulation of 22 December 1993 on the application of Article 81(3) of the Treaty to certain categories of agreements between undertakings relating to computer reservation systems for air transport services.

(Articles 1-15)

No 1617/93 (*)

Commission Regulation of 25 June 1993 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports.

(Articles 1-7)

(*) Expired, but to serve for policy guidance purposes pending adoption of a replacement. 30.4.2002 EN Official Journal of the European Communities L 114/85

No 1523/96

Commission Regulation of 24 July 1996 amending Regulation (EEC) No 1617/93 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports.

(Articles 1, 2)

No 4261/88

Commission Regulation of 16 December 1988 on the complaints, applications and hearings provided for in Council Regulation (EEC) No 3975/87.

(Articles 1-14)

No 4064/89

Council Regulation of 21 December 1989 on the control of concentrations between undertakings.

(Articles 1-8, 9(1)-(8), 10-18, 19(1)-(2), 20-23)

No 1310/97

Council Regulation of 30 June 1997 amending Regulation (EEC) No 4064/89 on the control of concentrations between undertakings.

(Articles 1, 2)

No 3384/94

Commission Regulation of 21 December 1994 on the notifications, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings.

(Articles 1-23)

80/723

Commission Directive of 25 June 1980 on the transparency of financial relations between Member States and public undertakings, as amended by Directive 85/413/EEC of 24 July 1985.

(Articles 1-9)

85/413

Commission Directive of 24 July 1985 amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings.

(Articles 1-3) L 114/86 EN Official Journal of the European Communities 30.4.2002

3. Technical Harmonisation

No 3922/91

Council Regulation of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation.

(Articles 1-3, 4(2), 5-11, 13)

93/65

Council Directive on the definition and the use of compatible technical and operating specifications for the procurement of air traffic management equipment and systems.

(Articles 1-5, 7-10)

(The Annex should be adapted to include Swisscontrol and any other Swiss organisation covered by Article 5)

97/15

Commission Directive of 25 March 1997 adopting Eurocontrol standards and amending Council Directive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air-traffic- management equipment and systems.

(Articles 1-4, 6)

4. Air Safety

94/56

Council Directive of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents.

(Articles 1-13)

5. Others

90/314

Council Directive of 13 June 1990 on package travel, package holidays and package tours.

(Articles 1-10)

93/13

Council Directive of 5 April 1993 on unfair terms in consumer contracts.

(Articles 1-11) 30.4.2002 EN Official Journal of the European Communities L 114/87

FINAL ACT

The Plenipotentiaries

of the EUROPEAN COMMUNITY

and

of the SWISS CONFEDERATION,

meeting on 21 June 1999 in Luxembourg for the signature of the Agreement between the European Community and the Swiss Confederation on Air Transport have adopted the Joint Declarations mentioned below and attached to this Final Act:

— Joint Declaration on agreements with third countries,

— Joint Declaration on further negotiations.

They also took note of the following Declarations annexed to this Final Act:

— Declaration on Swiss attendance of committees,

— Declaration by Switzerland on a possible amendment to the Statute of the Court of Justice of the European Communities.