Brussels adopts draft mandate for negotiations with Switzerland
Published: Wednesday, Dec 20th 2023, 18:11
Updated At: Wednesday, Dec 20th 2023, 18:11
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Following Switzerland, the EU Commission also adopted its draft mandate for the negotiations with Bern on Wednesday. The draft now goes to the EU member states, which must approve it next. In Bern, Alexandre Fasel, State Secretary of the Federal Department of Foreign Affairs (FDFA), is optimistic about the negotiations with the EU.
"We end 2023 with encouraging momentum for our bilateral relationship. I look forward to the next steps in 2024," wrote EU Vice Commissioner Maros Sefcovic on the short message service X (formerly Twitter).
The draft mandate is based on the joint declaration drawn up with Switzerland over 18 months, the Brussels authority wrote in a statement on Wednesday.
Much corresponds to what the Federal Council already communicated last Friday: for example, that the scope of application of the Land Transport Agreement is not to be changed. This means that the 40-tonne limit for HGVs and the ban on driving at night and on Sundays will remain in place.
However, it can also be read that the EU Commission is demanding a "maximum implementation period" for EU law by Switzerland in order to guarantee the unity of EU law.
Level of protection for posted workers
With regard to the free movement of persons, Brussels insists on the ban on discrimination. At the same time, however, the EU should "take into account the special features of the Swiss labor market".
The accompanying measures are listed, but in a modified form compared to today, as the Federal Council had already explained on Friday.
The EU could also agree that Switzerland would not be bound by future changes to EU legal instruments in the area of posting "if these significantly weaken the level of protection of posted workers" - particularly with regard to pay and allowances, Brussels added.
The non-regression clause
It also states that "in the highly unlikely event that the EU were to amend or introduce legislation that significantly weakened or reduced the protection of posted workers", Switzerland would not be obliged to "accede to these changes in the future".
This paragraph is likely to be the non-regression clause demanded by the Swiss trade unions, although it is not mentioned as such in the recommendation.
Definitive mandates still missing
It is likely to take two to three months for both Switzerland and the EU to finalize the negotiating mandate. Only then can the negotiations begin.
In any case, the EU Commission is pushing for speed. "Once the negotiations have started, it is in the interest of the EU and Switzerland to make rapid progress on the most important elements. The objective set out in the joint declaration is to conclude the negotiations in 2024," wrote Sefcovic on X.
No specific time frame
During a media conference in Bern on Wednesday, the State Secretary of the Federal Department of Foreign Affairs, Alexandre Fasel, said that the aim was to start negotiations on the new package with Brussels at the end of the first quarter or the beginning of the second. However, he could not specify a concrete timeframe for the negotiations with the EU, as too many factors would have an influence on this.
It is important to start negotiations with the current Commission. After that, the topic will be continued independently of the new Commission that will emerge from the European elections at the beginning of June 2024.
Fasel assessed the chances of reaching an agreement with Brussels as good. He emphasized the importance of an agreement between the social partners in Switzerland, for example on the wage issue. The State Secretary emphasized that Switzerland could only achieve success in foreign policy if it could reach agreement on domestic policy.
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