Integration Office FDFA/FDEA
Integration Office FDFA/FDEA
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Free movement of persons
The Agreement allows for transitional periods during which restrictions on immigrant workers, such as priority for the country's own citizens or prior control of wage and employment conditions, may be maintained and the number of residence permits issued can be limited (quotas). After expiry of the quota regulations, the Agreement provides for the temporary reimposition of restrictions on residence permits on the basis of a protection clause in the event of an above-average and unwanted influx of foreign nationals into Switzerland. This transitional regulation is designed to ensure a gradual and controlled opening of the labour markets:
- The quota rules applying to the 15 "old" EU states (EU 15) together with Malta and
Cyprus were revoked on 1 June 2007 after five years in force. - For the eight Eastern European states which joined the EU in 2004 (EU 8), the possibility of immigration restrictions, applicable up to 30 April 2011 at the latest, is set out in a supplementary protocol to the Agreement (Protocol I).
- As far as the states that joined the EU in 2007 are concerned, i.e. Bulgaria and Romania, the possibility of restrictions on immigration have been laid down in a second protocol (Protocol II) that will apply for seven years after it comes into effect, i.e. until 31 May 2016. After the immigration restrictions have been lifted and for up to 10 years after Protocol II has come into effect, a special protection clause will apply to these two countries.
Free movement of persons between Switzerland and the European Union
The Agreement was concluded for an initial period of seven years. The contracting parties have until 31 May 2009 at the latest to give official notification of their intention not to continue the Agreement. Already at the signing however, the EU declared that it wanted to continue the Agreement. On 8 February 2009, the people of Switzerland approved the continuation of the Agreement and at the same time the extension of the Agreement to Bulgaria and Romania.
With the introduction of the free movement of persons, flanking measures against wage and social welfare dumping were introduced on 1 June 2004. They are designed to protect employed people against unfair undercutting of the wage and social welfare levels existing in Switzerland. With the extension of the free movement of persons to the states that joined the EU in 2004, the implementation of these measures and their effectiveness have been strengthened and as a result employee protection too. The tougher measures came into force (together with Protocol I) on 1 April 2006. With the extension to Bulgaria and Romania, the flanking measures were further improved and the number of checks increased by 20% as from 2010.
Key data
- Signing of the Agreement: 21 June 1999 (in the context of Bilateral Agreements I)
- Approval by the electorate: 21 May 2000 (by 67.2 %)
- Entry into effect: 1 June 2002
- Signing of FMP Protocol I (for countries that joined the EU in 2004): 26 October 2004
- Approval of Protocol I by the electorate: 25 September 2005 (by 56 %)
- Entry into effect of Protocol I: 1 April 2006
- Signing of the FMP Protocol II (extension to Bulgaria and Romania): 27 May 2008
- Approval by Parliament of continuation of the Agreement and of Protocol II: 13 June 2008.
- Approval by the electorate: 8 February 2009 (59.6% in favour).
- Entry into effect of Protocol II: 1 June 2009
October 2009
Websites:
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