The negotiations between the European Commission and Switzerland on treaties in seven different areas – research, agriculture, free movement of persons, ground and air transport, recognition of conformity certificates and liberalisation of public procurement – were concluded in June 1998 under Austria's EU presidency. The treaties were signed on 21 June 1999 in Luxemburg. Then the approval of the European Parliament and Council as well as the ratification or approval of all 15 EU member states were required. In Switzerland the 2nd Chamber of Parliament and the National Council approved the treaties on 8 October 1999. 67.2 % of the Swiss electorate voted in favour of the treaties in a referendum. After all the necessary procedures were concluded, the seven treaties became effective on 1 June 2002.
I. The treaty between the European Community and its member states on the one hand and Switzerland on the other on the free movement of persons grants the Swiss citizen or EU member the right to reside in the EU or in Switzerland and guarantees access to the labour market for employers and employees. However, Switzerland was granted transitional arrangements which are set out in Article 10 of the treaty and provide that the priority of nationals for access to the labour market could be retained for a period of two years after coming into effect of the treaty and quotas for residency and for access to the labour market could be retained for five years after coming into effect of the treaty. Restrictions can be reintroduced from the 6th to the 12th year if too many people are coming into the Swiss labour market.
Cross-border service provision will also be liberalised two years after the coming into effect of the treaty. It will be restricted, however, to 90 days per calendar year. The systems for social security shall be coordinated analogously to the arrangements applying in the EU. Other provisions refer to the mutual recognition of degrees and vocational certificates in the following sectors: legal professions, medical and paramedical professions, architecture, trading and brokerage, industry and crafts, transport, film industry, agriculture and some other areas. In addition to this, the two general degree recognition guidelines are applicable. In connection with the exercising of the rights granted within the framework of the treaty, there is also a right to acquire real estate.
II. The treaty between the European Community and Switzerland on aviation provides for complete liberalisation of transport rights between airports of the EU and Switzerland two years after coming into effect of the treaty package. The only exceptions are domestic cases which are to be negotiated five years after coming into effect of the treaty. The treaty is concluded for an initial period of 7 years.
III. The treaty between the European Community and Switzerland on goods and passenger transport by rail and road provides for a coordinated transport policy between Switzerland and the EU states as well as an incremental, mutual opening of the road and rail transport markets for passengers and goods.
IV. The treaty between the European Community and Switzerland on trade with agricultural goods is aimed at reinforcing the mutual trade of agricultural products between Switzerland and the EU. It will extend mutual market access by providing mutual tariff concessions in favour of products which are of particular interest to one of the parties to the treaty (quantitative improvement: opening up of tariff quotas, reduction or abolition of customs duties) and by creating qualitative trade improvements in the form of the reduction or elimination of technical trade barriers for agricultural products.
V. The treaty between the European Community and Switzerland on the mutual recognition of conformity evaluations is an instrument aimed at eliminating technical trade obstacles in the exchange of industrial products between Switzerland and the EU. For the purpose of mutual recognition of conformity evaluations the authorities of the respective parties determine a number of usually private certification organisations and authorise these to make conformity evaluations in the export country (tests, certificates and approvals) in accordance with the product regulations applicable in the other treaty partner country. Insofar as the treaty recognises the law of Switzerland as equivalent to that of the European Union, only one conformity evaluation is now required for the marketing of a product in Switzerland and in the EU. The treaty does not cover the registration of chemicals and of drugs. This shall remain within the competence of the authorities of the importing treaty partner.
The treaty covers the following product areas: machines, personal protection equipment, toys, medical products, gas appliances and boilers, printers, telecommunications terminals, devices and protective systems for use in areas at risk of explosion, electrical appliances and electromagnetic compatibility, construction equipment and machines, measurement devices and readymade packaging, cars, agricultural and forestry tractors, good laboratory practice, inspection of good manufacturing practice for drugs and certification of the batches.
VI. The treaty between the European Community and Switzerland on certain aspects of public sector procurement deals with the mutual extension of the liberalisation achieved within the framework of the WTO agreement on public sector procurement dated 15 April 1994 to the public procurement of local authorities. For procurement below certain threshold values it has been agreed that the treaty parties instruct their procurement agencies subject to the treaty not to discriminate against providers of the other treaty partner without, however, providing any legally enforceable right to equal treatment.
VII. The treaty between the European Community and Switzerland on scientific and technological collaboration allows all research agencies, universities, companies and individuals established in Switzerland to participate in all specific programs and in the activities within the 5th research framework program of the EU.