Following the Swiss Federal Council’s decision to approve a draft negotiating mandate with the EU and to launch consultations with its Parliament and cantons, on Wednesday 20 December the European Commission adopted a recommendation for an EU Council decision authorising the opening of negotiations with Switzerland on a package of bilateral agreements linked to Switzerland’s participation in the internal market. The Commission has also adopted a proposal for a negotiating mandate, based on the common understanding document (see EUROPE 13315/13).
A negotiating mandate based on the principles of non-discrimination and reciprocity
The Commission considers that its proposal is balanced. On the one hand, it incorporates principles that are important to the Commission and the Member States: the protection of the rights of EU citizens in Switzerland and a level playing field for European and Swiss companies operating within the internal market. On the other hand, it takes Swiss concerns into account by providing for targeted exceptions to European law.
The mandate provides for exceptions to Switzerland’s dynamic alignment with European law on the free movement of persons, relating to expulsions, permanent residence rights and identity cards.
Switzerland would not be obliged to align itself with changes in European legislation if they were to weaken the protection of posted workers. The Commission stresses that, on the European side, such a weakening of legislation protecting the working conditions of posted workers is highly unlikely.
The common understanding document includes an obligation for self-employed persons to notify their establishment in Switzerland and for Swiss employers to notify the acceptance of employment by their workers.
In addition, this document provides guarantees for Switzerland concerning the current measures relating to the right of residence of people who do not have permanent resident status.
The project does not aim to abolish the Swiss accompanying measures to the Posting of Workers Directive.
Elements of the ‘package’
In particular, the negotiating mandate includes institutional modules that will be included in the bilateral agreements on the internal market. It includes elements on the free movement of people, the posting of workers, and the protection of the rights of EU citizens and workers, incorporating the principle of non-discrimination between citizens of different Member States.
The mandate also concerns a draft agreement for a regular and jointly decided Swiss contribution to European social and economic cohesion, in return for access to the internal market.
Finally, the package includes a draft agreement for Switzerland’s association with EU programmes, including Horizon Europe, as well as transitional provisions that will enable researchers to participate in the calls (see EUROPE 13315/13).
Negotiations will begin once each party has adopted its mandate for the entire package. The objective, set out in the common understanding, is to finalise negotiations in 2024.
Link to the recommendation: https://aeur.eu/f/a73 (Original version in French by Émilie Vanderhulst)