Switzerland–European Union relations
- European Union
- Switzerland
The bilateral agreements between Switzerland and the European Union ( colloquially Bilateral ) were put in place to regulate the relations between Switzerland and the European Union ( EU) members on political, economic and cultural level. After the first bilateral agreements in 1957 with the European Coal and Steel Community ( ECSC ), closed several contracts to even without a membership of Switzerland in the European Union to determine economic and political issues with her. Contractor of Switzerland were the European Communities as part of the EU because the EU had no legal personality until the Treaty of Lisbon in 2009. The Swiss Federal denotes the individual components of the " bilateral agreements " as " sectoral agreements between Switzerland and the EU ."
Today, the Free Trade Agreement of 1972, the Insurance Agreement of 1989 and the seven bilateral agreements of 1999 ( " Bilateral Agreements I ") and the Convention of 2004 ( " Bilateral Agreements II " ) are significant.
Free trade agreement with the European Economic Community
With the establishment of the European Economic Community ( EEC) in 1957 on the one hand and the European Free Trade Association ( EFTA) in 1960 on the other hand were formed in Western Europe two different integration models. To prevent splitting into two separate economic blocs were the early 1970s between the European Economic Community and the Member States of EFTA completed numerous free trade agreements; the free trade agreement (FTA ) between the Swiss Confederation and the EEC was signed on 22 July 1972, approved on 3 December 1972 by People and the Cantons and entered into force on 1 January 1973. The FHA allowed the Switzerland to deepen its relations with the EEC, without losing their contract - competence ( treaty-making power ) to make.
With the FHA in 1972 were tariff barriers to trade (imports and Ausführzölle and quotas ) for industrial products that have been produced within the free trade zone, degraded. The free trade agreement between Switzerland and the now 28 States of the European Community ( as the legal successor of the EEC) is Switzerland's traditionally of great importance, since 62 percent of Swiss exports go to this room and 80 % of imports from the common room come (as 2007).
Insurance Agreement
On October 10, 1989, the Agreement between the Swiss Confederation and the European Economic Community was on direct insurance other than life insurance (PDF, 704 kB) signed ( entered into force on 1 January 1993), which of the mutual establishment of agencies and branches insurance companies guaranteed. Expressly not affected by this Agreement are life insurance, reinsurance and other statutory social security systems; also only the freedom, not the free cross-border movement of services is ensured.
Although the insurance agreement brought only a partial liberalization of the insurance market with it, the deal is of great importance, because the EU area for the Swiss insurance sector, with its 47,000 employees in Switzerland ( as of 2008) is an extremely lucrative market.
Bilateral Agreements I
After the Swiss voters had narrowly rejected joining the European Economic Area on 6 December 1992, Switzerland urged the conclusion of sectoral agreements with the European Communities in order to expand the existing cooperation and to prevent the threat of economic isolation of Switzerland. The recorded end of 1994, negotiations between the European Union and Switzerland led on 21 June 1999 a huge success by seven sectoral agreements were concluded to freedom of movement, technical barriers to trade, public contracts, agriculture, land transport, air transport and research:
- Agreement on free movement ( of persons ) (PDF file, 724 kB)
- Agreements on mutual recognition of conformity assessment ( technical barriers to trade ) (PDF file, 689 kB)
- Agreement on certain aspects of public procurement (PDF file, 204 kB)
- Agreement on trade in agricultural products ( PDF file, 1.7 MB)
- Agreement on land transport (PDF file, 596 kB)
- Agreement on Air Transport (PDF file, 579 kB)
- Framework Agreement for scientific and technological cooperation ( research agreement ) (PDF file, 122 kB)
The contracts are legally independent from each other, but are linked together by linking or " guillotine " clauses; in the event of termination or non-renewal not only of the contract in question, but all seven agreements would be null and void. This regulation should be a " cherry-picking " by the Switzerland prevent and explains why the agreement reached not individually, but as a total package to a referendum.
After these agreements were approved by the Federal Assembly, they were approved in a referendum by Swiss voters on May 21, 2000. On the part of the European Community was required under Article 300, paragraph 3 of the EC Treaty to the approval of the Council of the European Union and the European Parliament. For the free movement agreement, it also required the agreement of all Member States to which the consent of the Euratom research agreement before the deal was set on June 1, 2002.
Agreement on free movement
As it was already considered among the members of the European Union - - With the agreement on free movement of persons was the gradual introduction of between Switzerland and the EU decided. The Persons Agreement provides, under certain conditions on residence rights for EU citizens and their family members in Switzerland and vice versa.
Through the agreement on free movement of nationals of Switzerland and the EU have the right to work and reside within the territories of the contracting parties are free to choose. A prerequisite for the use of this right, that they have a valid employment contract, are self-employed or - of the economically inactive - have sufficient financial resources. The agreement also allows for the entry and stay, even without funding for up to six months to look for a job. By introducing a transitional arrangement, while the restrictions on immigration continue to be allowed, it is possible to introduce the persons gradual and controlled.
By the assumed federal popular initiative "Against mass immigration " of 9 February 2014, the majority of the Swiss people has given the Federal Council commissioned the renegotiate the agreement and establish long-term quotas. As a result, the question arises whether the European Union allows for a renegotiation or whether the agreement should be terminated, with the EU would apply the guillotine clause and the entire Bilateral I be terminated.
Transitional arrangements
Basically, three different transitional arrangements can be distinguished for the EU - 15, EU -8 as well as Bulgaria and Romania. During these transitional arrangements immigration restrictions such as national priority, control of wages and working conditions and the allocation can be maintained. At the end of the quota system may be limited again due to a safeguard clause, the number of work permits ( quotas ) when a serious disturbance of the labor market should be noted. By 31 May 2009, Switzerland, the EU also had to know if she is willing to continue the agreement. Against the federal decision, which supported the continuation and the extension of free movement, the referendum was held, which is why it came on 8 February 2009 on a referendum, in which 59.6 percent of voters be in favor of extension of free movement. In May 2009, the " valve " clause to restrict the immigration of the old EU-15 was not used.
To avoid the many fears about the liberalization of the labor market, the Swiss Federal Assembly has decided flanking measures against social and wage dumping that are intended to ensure that the wages and working conditions of all workers and employers are met. These are regularly monitored in all regions and industries. Of the supporting measures include the following facilities:
- Posting: The temporarily seconded from a foreign company to Switzerland foreign workers are subject to the rules applicable in Switzerland, minimum wages and working conditions. Compliance with these requirements shall be verified by random checks carried out.
- Easier for declaring collective agreements: If the minimum requirements are repeatedly undercut abusive in a business, the provisions on minimum pay and their respective working may be declared generally binding easier.
- Standard employment contracts with mandatory minimum wages: For industries without employment contract ( or without universally explicable collective bargaining agreement ) Confederation and the cantons to introduce mandatory minimum wages in a temporary standard employment contract with repeated abuse.
- Tripartite Commissions: These are composed respectively of the same number of representatives of agencies, employers and trade unions and monitor the labor market, monitor compliance with mandatory standard employment contracts, report violations to the cantonal enforcement authorities and may apply measures.
On April 18, 2012, the Federal Council decided to call the so-called valve clause to all states of the EU -8. The category of residence permits B quotas with respect to nationals of those countries on 1 May 2012.
Criticism
Critics of globalization, left-wing politicians and trade unions, but also the federal authorities, employers' representatives and cantons have discussed the negative impact of free movement of persons. Fears, for example, the circumvention of Swiss laws on environmental protection and occupational safety, and the resulting low-wage countries to Switzerland by the migration of labor wage pressure as a result of which wage dumping is feared. As a threat to small and medium enterprises especially apparent Selbstständigkeiten be perceived. Against these problems provides the Swiss legislation, the above-described " flanking measures" before. This, in turn, criticized the EU.
The political rights leads to problems with the integration of foreign workers and fear increased crime. The principle of free movement opposes politically in particular the Swiss People's Party ( SVP), most recently with the 2011 launched the popular initiative "Against mass immigration ", which seeks to restrict the movement of persons by maximum numbers and a licensing requirement. Also adopted by the voters SVP " Deportation Initiative " is possibly in contradiction to the agreement, because this does not provide for social welfare abuse as a possible reason for the restriction of the individual right to enter and reside in Switzerland.
Will also discuss the impact of persons to the number of social assistance recipients: The EU wants to introduce a de facto right of establishment, including access to the Swiss social security system for the citizens of the Union. This reject the Swiss authorities.
Agreements on mutual recognition of conformity assessment
Within the framework of the EEA Agreement, the Switzerland would have been forced to harmonize their requirements with those of the EU. After the EEA No. 1992, the Federal Council decided to equalize the Swiss technical regulations largely autonomously and with those of the EU to avoid that Swiss businesses would suffer as a non- tariff trade barriers in the international market.
A one-sided approximation remains ineffective if the other side does not recognize these readjustments as such, which is why established binding on the mutual recognition of conformity assessments in agreement that carried out in Switzerland and in the EU Conformity assessments shall be mutually recognized. Products that meet the agreed requirements as equivalent a trial of a Party, thereby allowed the market without evaluating a testing of the other Party. This leads to lower costs and shorter waiting times in the marketing.
Agreement on certain aspects of government procurement
Supplemented the Agreement on certain aspects of government procurement and expanded the scope of the framework of the World Trade Organization ( WTO) Agreement on Government Procurement ( Government Procurement Agreement, GPA). While the WTO rules include the procurement of the Confederation and the cantons as well as those of public enterprises in the sectors of water, electricity and transport sectors, are in agreement on certain aspects of government procurement in addition, the procurement of districts and municipalities, procurement of public and private contractors included in the sectors of railways, gas and heat supply and procurement of private companies in the sectors of water, electricity and transport sectors.
Agreement on land transport
The Land Transport Agreement ( LVA ), which replaced earlier regimes, brought a harmonization of Swiss and Community rules on road transport. The FVO "is a difficult balance between the interests involved is ". Thus, Switzerland has been committed, among other things, by a gradual transition period trucks up to 40 tons ( 28 t above ) allow total weight ( Euro - lorries ); by EC Regulation 2888/2000, the EU announced the truck quotas among the Member States. In return, Switzerland was given the right to apply for a transit transit fees in the form of a performance-related heavy vehicle fee, which is in Switzerland a controller action and a transfer of freight transit traffic from road to rail hoped. At the same time, Switzerland was obliged to build new railway tunnel ( Gotthard, Lötschberg ). In this way, the aim of the LVA, " a relief of traffic over the burner with the simultaneous transfer of freight transit through Switzerland to rail " should be achieved.
As an accompanying measure, the Federal Assembly issued a temporary federal law to transfer transalpine heavy goods traffic to rail. In this, the target size for the remainder of the transit roads transalpine heavy goods traffic from 650,000 trips per year has been set, which should be reached no later than two years after the opening of the Lötschberg base tunnel in 2008. In addition, the Federal Council was authorized to take measures which contribute to the achievement of the movement target.
Agreement on Air Transport
With the Air Transport Agreement, the Swiss airline companies were given free access to the EU Member States. While there was this possibility before the conclusion of this contract, but this was based on agreements that had to be completed individually by each Member State. The Air Transport Agreement simplifies the process and allows the Swiss companies, moreover, to use also links within the EU.
Agreement on trade in agricultural products
The Agreement on Agriculture brought after a five- year transition period for full liberalization of trade in cheese and tariff cutting in many other agricultural products such as fruits, vegetables and horticultural products, to a lesser extent also for dried meat, specialty wines and dairy products. Moreover, technical barriers to trade in the agricultural sector were dismantled and guarantee mutual protection of designations of wines and spirits.
Framework Agreement for scientific and technological cooperation ( research agreement )
Switzerland and the European Communities in 1986 concluded a framework agreement on scientific and technological cooperation, which had provided arrangements for enhanced cooperation between the Parties. Such an agreement signed in 1999 was the research agreement, which is, however, lapsed with the expiry of the EU's Fifth Framework Programme. However, the research agreement in 1999 negotiations on the participation of Switzerland in the subsequent programs saw before. These negotiations have been found in the summer of 2003 a successful conclusion. Also on the seventh and current research framework program, Switzerland is involved.
The Agreement on Scientific and Technological Cooperation (PDF, 539 kB ) obliges Switzerland to make a financial contribution to the research framework program and are Swiss institutions and companies the opportunity to participate in all programs and actions of the Framework Programme as equal partners. Conversely, researchers from the EU are entitled to participate in Swiss projects.
Objective of the Agreement continue their education questions of possession, use and dissemination of information and intellectual property rights in connection with the research projects.
Bilateral Agreements II
As Bilateral Negotiations II negotiations are referred to, on the state of the Bilateral Agreements I also should approach the states of the EU, Switzerland. A conclusion of the second contract package was the European Commission initially rather hostile. Because of each one-sided interests of the EU (taxation of savings and Fraud ) and Switzerland ( accession to the Schengen Agreement and the solution of the bilateral agreements I remain open-ended questions ) was agreed to further contracts that include, among others:
- Switzerland's accession to the Dublin Convention and the Schengen regarding safety and asylum; while the Swiss banking secrecy is maintained under all circumstances;
- Extending cooperation for the investigation of fraud; However, there are also special rates for Switzerland;
- Conclusion of negotiations on agricultural products, environment, media, education, pensions, statistics and services.
On 25 June 2004, the agreements were initialed and subsequently added to the consultation process. The results of the consultation showed a clear picture: the Bilateral II were from business circles as well as unanimously supported by the majority of parties, organizations and associations. However, the agreements were Cantons stood unanimously endorsed the Bilaterals II Clear rejected by the SVP. The Federal Democratic Union ( EDU ) and the Campaign for an Independent and Neutral Switzerland ( AUNS ) spoke out against the Schengen / Dublin. Many artillery units have critical observations on the intended Weapons Act in the context of Schengen.
The Federal Council has dealt with the main concerns, adapted its proposals for the Weapons Act accordingly and adopted on 1 October 2004, the embassy on the Bilateral II On 26 October 2004, the agreements were signed in Luxembourg. It was followed by the treatment of message and agreement by Parliament in the winter session: All agreements have been in the National Council with a clear majority, even accepted in the Senate, with the exception of the Schengen / Dublin with unanimity. In somewhat greater resistance encountered the Association Agreement of Schengen / Dublin. In Parliament this was adopted by 129 to 60 against, with 36 votes in the Council of States against 3 negative votes.
According to the request of the Federal Council, the Federal Assembly imputed seven agreements (Statistics, pensions, environment, media, Schengen / Dublin, fraud, taxation of savings) to the optional referendum. Mandatory referendum was, none of the agreements. With the publication of the Federal decisions on 21 December 2004 in the Federal Gazette, the referendum period began to run. On 31 March 2005, with the referendum period, it was clear that only a referendum against the association agreements of Switzerland to Schengen / Dublin had come about. The Federal Chancellery confirmed a total of 86 732 valid signatures. In the referendum on 5 June 2005, the Swiss people confirmed the template with 54.6 percent votes only just (with a turnout of 56 percent).
On 25 September 2005 the expansion of the bilateral agreement on the free movement of persons in the 10 states that joined the EU on 1 May 2004 ( Extended persons ) was adopted by 55.95 per cent during a referendum, the lowest votes in proportion was accounted for by the Canton of Ticino, with 36.09 percent, the highest in the Canton of Vaud with 65.26 percent. If successful, the referendum would be because of the " guillotine clause " and the remaining six bilateral agreements I have been jeopardized. In addition to the Ticino, only the three original cantons and half-cantons of Glarus and Appenzell Innerrhoden rejected from the draft so that the (not needed when optional referendum ) cantons has been reached. According to a study by the Economic Institute KOF ETH Zurich, the Swiss gross domestic product rose by the Agreement by 5.5 billion francs by the end of 2007.
Demand of the European Union after automatic alignment
In July 2010, the President of the European Council, Herman Van Rompuy, the requirement that Switzerland should continue to automatically understand further developments of European law raised, in an interview with the Swiss President Doris Leuthard. This should cumbersome renegotiation of the bilateral agreements made unnecessary and relations between Switzerland and the EU be simplified. Such an automatic enactment of European law would correspond to the functioning of the European Economic Area. Joining this, which had been rejected in a referendum in 1992 was, therefore, again increasing discussion. Criticism of the " static contracts, which represented a discontinued model ," has been renewed by the end of 2010, the Commissioner Viviane Reding. In December 2012, the Council of the European Union confirmed this view and decided that there will be no new bilateral agreements on the model of the previous agreements with Switzerland more. European Commission President Jose Manuel Barroso joined a little later at the position of the Council.
Debate on accession to the European Union
On May 26, 1992, the Swiss government, the Bundesrat, officially filed an application for membership to the EU in Brussels. Since the rejection of the EEA accession in December 1992, the application for membership is however not pursued by both sides. After an initiative (Swiss popular initiative " Yes to Europe "), which tried to enforce the immediate commencement of negotiations in the referendum of March 4, 2001, a severe defeat conceded (only 23.3 % of Swiss voters supported the project ) that bilateral path trodden since 1994, currently clear priority. The Federal Council has degraded in its Europe 2006 report, EU membership of a strategic objective to an option under another.
Had yet made strong at the EEA vote on December 6, 1992 SVP, Green Party of Switzerland, Swiss Democrats and some smaller leftist parties in a very emotional debate for a rejection, so went with the vote of 1999 on the Bilateral I majorities the SVP ( including their spokesman Christoph Blocher ) and the Greens to favorable stock. The Bilateral Agreements II 2005 ( plus Schengen / Dublin ) and in terms of spread of free movement of persons to Bulgaria and Romania in 2009, the SVP took then - No slogans. Reason for the different absorption of the individual contract works by this party (she had in the EEA vote unequivocally favor of the bilateral position -related) is an assessment of the economic benefits: Immigration from the richer old EU countries was considered on balance economically useful classified, while those viewed from the poorer Eastern Europe skeptical. Remained consistently in the no- camp are solely the Swiss Democrats and the EDU.