Questions and answers on the conclusion of negotiations with the EU
Published: Friday, Dec 20th 2024, 19:30
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Switzerland and the EU have been negotiating new agreements for nine months. On Friday, President Viola Amherd and EU Commission President Ursula von der Leyen declared the talks in Bern to be over. The most important questions and answers at a glance:
WHAT WAS DECIDED?
The Federal Council and the European Commission declared the substantive negotiations between Switzerland and the EU to be concluded. The negotiations were conducted in order to find agreements that would define future relations between the partners. Existing agreements are to be renewed and new ones concluded.
WHAT SPECIFICALLY WAS NEGOTIATED?
Existing agreements in the areas of air and land transport, the free movement of persons, mutual recognition of conformity assessments and trade in agricultural products were updated. New agreements were also negotiated in the areas of electricity, food safety and health.
WHAT WERE THE CONTROVERSIAL POINTS OF NEGOTIATION?
Switzerland's demand for a safeguard clause on the free movement of persons was particularly controversial. There was also much discussion about the cohesion contribution that Switzerland pays for its participation in the European single market. Another point was the introduction of institutional elements.
WHAT HAS BEEN ACHIEVED IN THE AREA OF FREE MOVEMENT OF PERSONS?
According to the Federal Council, the existing safeguard clause has been clarified and could be invoked unilaterally. This would apply in the event of "serious economic or social problems". The specific nature of such problems is not defined in more detail. The Federal Council has announced that it will submit a corresponding amendment to the Foreign Nationals and Integration Act (FNIA) to Parliament. According to an official from the EU Commission, no more precise definition has been negotiated in the agreement. An arbitration tribunal will have to decide whether the problems are serious or not.
WHAT IS SWITZERLAND'S FINANCIAL CONTRIBUTION?
The agreement creates a legally binding mechanism for regular Swiss cohesion contributions. The latter are valid for seven years in each case. The amount of the first contribution for the years 2030 to 2036 is CHF 350 million per year. Switzerland has also committed to an additional financial contribution to reflect the scope of the partnership with the EU and cooperation in the period between the end of 2024 and the entry into force of the package. During this transition phase, Switzerland is to make an annual cohesion contribution of CHF 130 million between 2025 and 2029. The corresponding funds will be due when the package enters into force.
HOW ARE THE INSTITUTIONAL ELEMENTS REGULATED?
According to the national government, the institutional elements are now regulated individually in each internal market agreement. On the one hand, the institutional elements include the dynamic adoption of law. This serves to ensure that Swiss law develops in step with EU law. However, this only applies to agreements that affect Swiss access to the European single market. On the other hand, the institutional elements include a dispute settlement mechanism. In the event of a dispute between the EU and Switzerland, a solution would be sought in the joint committee of the agreement in question. Only if no agreement is reached there would the case be submitted to an arbitration tribunal with equal representation. If the dispute concerns EU law, the European Court of Justice (ECJ) must be called upon to interpret the law. However, the dispute itself is always decided by the arbitration tribunal, not the ECJ.
IS THE AGREEMENT PUBLIC?
No, the agreement was not published. The Federal Council published twelve so-called fact sheets on various topics. The text of the agreement was to be made available to the public at a later date.
WHAT DOES THE FEDERAL COUNCIL SAY?
According to the Federal Council, the objectives defined in its negotiating mandate were achieved. For President Viola Amherd, the conclusion of the negotiations is a "milestone for the stabilization and further development of bilateral relations".
WHAT DOES THE EU SAY?
Commission President Ursula von der Leyen also welcomed the conclusion of the negotiations and spoke of a "historic" agreement. The agreement would open a new chapter in the partnership between Switzerland and the EU. Members of the EU Parliament also welcomed the agreement.
WHAT ARE THE POLITICAL REACTIONS?
The Greens and the GLP see the agreement as an opportunity to break the deadlock in the bilateral agreements. The FDP and the Centre Party welcome the conclusion of the negotiations, but also emphasize that they must now analyse the result. The SP is committed to good relations with Europe, but is concerned about wage protection. The SVP is against the agreement and spoke of an "EU submission treaty".
WHAT HAPPENS NOW?
The documents will now undergo a "legal clean-up" and be translated into the official languages of Switzerland and the EU. According to the Federal Council, the agreement is to be initialed by both chief negotiators in spring 2025.
IS THE AGREEMENT IN FORCE AFTER THE INITIALLING?
No, in order for an agreement to enter into force, it must go through the ratification process. This means that both the National Council and the Council of States must approve the texts. In the EU, the member states and the European Parliament must also give the green light.
DOES THE VOTING POPULATION ALSO HAVE TO AGREE?
Yes, at least one referendum is expected to take place in Switzerland. According to media reports, there could also be several votes on the bilateral agreements. It is still unclear whether a simple majority or a double majority will be required. The date of the vote is also unclear. Some are talking about 2026, while others say the votes will not take place before 2028.
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