Category Agreement and content In force since
Integration Agreement between the European Community and the Swiss Confederation on Air Transport223
01.06.2002 This agreement provides on the basis of reciprocity for access to the EU’s civil aviation market. In
principle this agreement puts Switzerland in the same position as if it had joined the EU with respect to civil aviation.
Cooperation Agreement on Scientific and Technological Cooperation between the European Communities and the Swiss Confederation224
The agreement concerned Swiss participation in the 5th EU Framework Programme for Research and development including the corresponding Euratom programme.
Liberalisation
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 persons225
This agreement provides EU nationals and Swiss nationals for the rights to entry, residence and access to work as employed persons and the right of establishment on a self-employed basis. Furthermore it facilitates the provisions of services, liberalising the provision of services of brief duration (up to 90 days per calendar year).
Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road226
223 OJ L 114 of 30/04/2002, p. 73.
224 OJ L114 of 30/04/2002, p. 468.
225 OJ L114 of 30/04/2002, p. 6.
226 OJ L114 of 30/04/2002, p. 91.
This agreement aims to coordinate the overland transport policy of Switzerland and the EU and especially to liberalise access to transport markets for the carriage of goods and passenger by road and rail.
Agreement between the European Community and the Swiss Confederation on trade in agricultural products227
This agreement’s objective is to foster free trade between the EU and Switzerland by facilitating market access of agricultural products to the market. The agreement consists of two parts, one relating to tariff concessions and the other to the reduction of technical barriers to trade.
Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment228
This agreement introduces for most industrial products the reciprocal recognition of conformity ratings.
Accordingly products can be certified by Swiss conformity assessment bodies and then be sold in the Internal Market and vice versa.
Agreement between the European Community and the Swiss Confederation on certain aspects of government procurement229
The agreement aims at harmonising the rules of the government procurement markets of the EU and Switzerland.
‘Guillotine
Clauses’ All single agreements of the Bilateral I package are interconnected by a clause stipulating that all agreements share the same legal faith. If one agreement is cancelled or not renewed the same will hold true for the other agreements (e.g. Art 25 (4) Free movement of Persons Agreement and Art 36 (4) Air Transport Agreement)
227 OJ L114 of 30/04/2002, p. 132.
228 OJ L114 of 30/04/2002, p. 369.
229 OJ L114 of 30/04/2002, p. 430.
Bilateral Agreements of 2004 (Bilaterals II)
Category Agreement and content In force since
Integration
Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis230
Operational participation since 12.012.2008 This agreement establishes the full association of Switzerland with the Schengen acquis. The agreement
is based on the model used to associate Iceland and Norway to the Schengen are in 1999.231 The agreement provides Switzerland with the right to participate in the decision-making process for the development of the acquis without a voting right. This entails Swiss participation in the working groups of the Council and the Committees assisting the Commission as well as the Council of ministers in the respective field. The agreement also envisages the future development of the Schengen acquis, however, Switzerland is granted a two years period in which it can decide to take over new acquis or not by its legislature. The non-implementation of new acquis can lead to the suspension and finally termination or cancellation of the agreement.
Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland232
Operational participation since 12.012.2008 This agreement establishes the full association of Switzerland with the Schengen acquis. The agreement
is based on the model used to associate Iceland and Norway to the Schengen area in 1999.233 The agreement provides Switzerland with the right to participate in the decision-making process for the
230 OJ L53 of 27/02/2008, p. 52.
231 Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s Association with the Implementation, Application and Development of Schengen acquis, OJ L176 of 18.05.1999, p. 36.
232 OJ L53 of 27/02/2008, p. 3.
233 Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s Association with the Implementation, Application and Development of Schengen acquis, OJ L176 of 18.05.1999, p. 36.
Bilateral Agreements of 2004 (Bilaterals II)
Category Agreement and content In force since
development of the acquis without a voting right. This entails Swiss participation in the working groups of the Council and the Committees assisting the Commission as well as the Council of ministers in the respective field. The agreement also envisages the future development of the Dublin acquis, however, Switzerland is granted a two years period in which it can decide to take over new acquis or not by its legislature. The non-implementation of new acquis can lead to the suspension and finally termination or cancellation of the agreement.
Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
19.12.2011
This agreement allows the Principality of Liechtenstein to fully participate in the Schengen acquis via a protocol to the EU-Swiss Schengen agreement.
Cooperation
Agreement in the form of exchange of letters between the European Community and the Swiss
Confederation on the date of implementation of the agreement between the European Community and the Swiss Confederation envisaging measures equivalent to those provided for in Council Directive 2003/48/EC of 3 June 2003 on taxation of the incomes of the saving in the form of payments of interests234
01.06.2005
This agreement permits cross-border taxation of the savings of individuals liable to taxation in the EU.
Switzerland introduced taxation at the source with an incremental increase of the tax rate to 35% (July 2011). The revenues are share between the EU and Switzerland in a ratio of 75% to 25%. Furthermore taxation on dividends or license-fee payments between associated companies is abolished. The agreement also contains voluntary exchange of information or on request in cases of tax fraud.
234 OJ L385 of 29/12/2004, p. 51.
Bilateral Agreements of 2004 (Bilaterals II)
Category Agreement and content In force since
Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests235
Pending236
This agreement provides for cooperation in the fight against smuggling and other offences relating to indirect taxes. This agreement has not entered into force. Ratification of Austria and Luxembourg is pending.
Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics237
01.01.2007
This agreement adjusts Switzerland’s standards of statistical data collection to those of Eurostat and provides for Swiss access to Eurostat data.
Agreement between the European Community and the Swiss Confederation concerning the participation of Switzerland in the European Environment Agency and the European Environment Information and Observation Network238
01.04.2006
This agreement provides for Swiss participation in the European Environmental Agency.
Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the
Community programmes MEDIA Plus and MEDIA Training239
01.04.2006240
235 Not yet ratified by all EU members states, OJ L46 of 17/02/2009, p. 8.
236 Ratification by Austria and Luxembourg pending; implementation by Switzerland as of 08.04.2009; provisional application with respect to EU Member States, which ratified.
237 OJ L90 of 28/03/2006, p.1.
238 OJ L90 of 28/03/2006, p. 36.
239 OJ L90 of 28/03/2006, p. 23.
Bilateral Agreements of 2004 (Bilaterals II)
Category Agreement and content In force since
This agreement allows Swiss filmmakers to participate in the EU’s MEDIA programmes.
Agreement between the European Union and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning (2007-2013)241
01.03.2011242
This agreement provides for Swiss participation in the EU’s educational programmes (e.g. Lifelong Learning, Youth in Action)
Agreement between the Swiss Federal Council and the Commission of the European Communities with a view to avoiding the double taxation of retired officials of the institutions and agencies of the European Communities resident in Switzerland243
31.05.2005
This agreement abolishes double taxation of former EU official residing in Switzerland. It applies currently to 50 individuals.
Liberalisation
Agreement between the European Community and the Swiss Confederation amending the agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 concerning the provisions applicable to the processed agricultural products244
30.03.2005
This agreement amended the provision relating to processed agricultural products of the Free Trade Agreement 1972, further liberalising trade in this products between Switzerland and the EU. It provides for duty-free export of Swiss food industry products.
240 Renewed agreement in force since 01.08.2010.
241 OJ L87 of 07/04/2010, p. 9.
242 Provisional application since 01.09.2007).
243 Not published in the OJ.
244 OJ L23 of 26/01/2005, p. 17.
Custom Facilitation and Security 1990 (completely revised in 2009)
Category Agreement Entry into force
Cooperation Agreement between the European Economic Community and the Swiss Confederation relating to the facilitation of controls and of the formalities at the time of the transport of goods245
01.07.1991
Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures246
01.01.2011
These agreements facilitate the controls and formalities for goods transport at the border between the EU and Switzerland. The second agreement excludes Switzerland from “24-hour notification rule” for import into the EU.
Insurance Agreement (excluding life insurance) 1989
Category Agreement Entry into force
Cooperation Agreement between the European Economic Community and the Swiss Confederation concerning direct insurance other than the life insurance
-Protocol No. 1: the solvency margin -Protocol No. 2: the work programme
-Protocol No. 3: relation between the ECU and the Swiss franc
-Protocol No. 4: agencies and branches falling within the competence of companies the registered office of which is located out of the territories to which this agreement is applicable247
01.01.1993
This agreement provides for the freedom of establishment of insurance companies (not life insurance) between the EU and Switzerland.
245 OJ L 116 of 08/05/1990, p. 18.
246 OJ L199 of 31/07/2009, p. 24.
247 OJ L 205 of 27/07/1991, p. 3.
EEC – Swiss Free Trade Agreement 1972
Category Agreement Entry into force
Free Trade Agreement
Agreement between the European Economic Community and the Swiss Confederation -Protocol No. 1 on the arrangement applicable to certain products
-Protocol No. 2 on the products subject to a special treatment to take account of the differences in cost of the integrated agricultural products
-Protocol on No. 3 relating to the definition of the “original product” concept and to the administrative cooperation methods
-Protocol No. 4 aiming at certain special provisions concerning Ireland
- Protocol No. 5 on the applicable arrangement by Switzerland on imports of certain products subject to the arrangement aiming at the constitution of obligatory reserves248
01.01.1973
This agreement establishes an EU-Swiss free trade area for industrial products, prohibiting any form of custom duties or quotas between the two parties.
Additional agreement on validity for the principality of Liechtenstein of the agreement between the European Economic Community and the Swiss Confederation of 22 July 1972
01.01.1973
This agreement provides for the application to the Principality of Liechtenstein of the EU-Swiss Free Trade agreement 1972.
248 OJ L300 of 31/12/1972, p. 189.