Brussels, 20/02/2014 (Agence Europe) - The European Union is showing understanding to the Swiss government, which has the difficult task of implementing the result of the 9 February Swiss referendum on limiting European immigration. The EU will not bend, however, on the principle of free movement. This is the essence of the message given by David O'Sullivan, Chief Operating Officer of the European External Action Service (EEAS), after his meeting with Yves Rossier, Switzerland's Secretary of State for Foreign Affairs, in Brussels on Thursday 20 February (see EUROPE 11021).
The vote in Switzerland “has potentially very significant implications on our future relations. The immediate impact is more limited and we have time to talk and see how to manage the situation”, said O'Sullivan. The direct impact is on the free movement of persons, but there is also a link with other agreements that benefit Switzerland and the EU. The EU hopes that Switzerland will respect EU principles and the fact that “we attach enormous importance to the smooth functioning of the internal market and to the principle of the free movement of goods and persons - which is at the centre of EU values”, said O'Sullivan.
Doubts on respect of free movement. In Rossier's view, the issue that arises is of knowing how to implement the new constitutional article while respecting the agreement on the free movement of persons. “We can't give a reply today. Instinctively, I have a slight idea. As the [Swiss] legislation talks of quotas and national preference, it seems to me that it is hardly compatible with the [EU's] free movement of persons”, he said. If the new article in the Swiss constitution does not respect free movement, two other issues will be examined by the Swiss government - the fate of this agreement, and the consequences on other agreements that either already exist or are being worked upon (including one on “the whole of our relations with the EU”, Rossier stated). Rossier reiterated that a draft legislative package would be put together for the end of the year and that three years would be needed to implement the new law. Until this legislation enters into force “there no change either for citizens or for Swiss and European businesses”, he assured.
The issue of extending the free movement agreement to Croatia. The referendum result leads to an amendment in the Swiss Confederation's Constitution which prevents the government from concluding treaties involving arrangements that run counter to the referendum result. Consequently, Switzerland's Minister for Justice, Simonetta Sommaruga, announced that Bern was not able to sign a bilateral agreement “in its current form” which extends free access to the Swiss labour market for Croatian nationals. Croatia became the 28th member of the EU in July 2013.
“In the short term, we have an immediate dilemma, which is the inclusion of Croatia. This has consequences, in particular, on the ongoing discussions on research and the Erasmus programme. The idea is not to punish Switzerland after the result of the referendum”, said O'Sullivan. The European Commission has suspended negotiations on Swiss participation in the Horizon 2020, Erasmus+ and Creative Europe programmes, following Bern's decision not to open its labour market to Croatians.
Rossier stated that “the Commission has not given us a deadline. We are looking for a solid response. It is when things are done in haste that bad work is done”.
“That doesn't depend on us but on the analysis that the Swiss government will make of the impact of the referendum on whether or not to conclude this memorandum with Croatia. As long as we don't have this clarification, we can't move forwards on these issues. We have to support Croatia's position”, O'Sullivan replied.
Institutional mandate. The Commission continues to advocate the Council's adoption of the mandate on the future institutional agreement. O'Sullivan said he hopes that the EU countries will adopt the mandate next week. “The dialogue on the future of our relations must not be broken off”, he said (our translation throughout). (LC/transl.fl)