On behalf of European Commission to European Parliament plenary session.
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President,
Honourable Members,
Let me say a few words on the recent developments following the Swiss referendum held on 9 February.
As you know, the Free Movement
Agreement between the EU and Switzerland, confers on EU citizens and
their family members a right to move to Switzerland, to reside there and
carry out an economic activity as an employed or self-employed person
(and of course the corresponding right of Swiss nationals in the EU).
Around 450 000 Swiss citizens
exercise their right to live and work in the EU, and nearly 1.2 million
EU citizens live in Switzerland and more than 250 000 cross-border
commuters from the EU arrive in Switzerland on a daily basis.
Switzerland is deeply
interconnected with its neighbours in terms of infrastructure, culture
and family links. The EU and Switzerland are bound by dozens of
bilateral agreements which are giving Switzerland privileged access to
the internal market, and are promoting exchanges, both commercial and
personal, with the EU. All of these were concluded based on mutual
trust, interest and reciprocity.
However, the popular vote of 9
February now calls the freedom of movement of persons into question. The
Swiss authorities told the Commission that they need time to reflect on
how this could be implemented. The Swiss Federal Council has up to
three years to implement the vote, so there is no immediate massive
crisis. In the meantime, and I want to be very clear on this, both sides
must continue to fulfil all their obligations under the existing
agreements. Pacta sunt servanda. A deal is a deal, and selective implementation or even "cherry-picking" is not an option.
The Commission stands ready to
listen to the Swiss proposals which are now being considered and which
we haven't seen yet. The ball is in their court. Our marge de manoeuvre, however, is extremely limited. This
core principle of the free movement of persons is a cornerstone of our
relationship. It is a fundamental right. It is not simply "negotiable",
as some tend to believe.
It is very difficult to imagine
how immigration quotas and national preference could be made compatible
with the agreement on the full free movement of persons we are having
with Switzerland. Quotas are contrary to the principle free movement,
and the principle of free movement is not only an essential part of the
internal market, which cannot be decoupled from the other freedoms, but
also at the heart of our overall relations with Switzerland. A package
is a package! One can't have the cake and eat it.
There are, however, some direct consequences of the amendment to the Swiss constitution introduced by the vote:
Following this constitutional
change, the Swiss Federal Council has informed us that it is still
evaluating whether it is in a position to sign the – already negotiated
and initialled - Protocol extending the free movement of persons
agreement to Croatia.
The
Commission has been crystal-clear that we expect this extension as
planned, and that we cannot accept different treatments between our
Member States in this crucial field. The Swiss government
indicated to us that they will have concluded their internal reflections
on the Protocol by early April. We need to know this fast.
Precisely to avoid such
discrimination, the Council's negotiating directives for Swiss
association and participation in Horizon 2020 and Erasmus+ clearly link
these related agreements to the "Croatia Protocol". Negotiations of
these agreements will therefore not go ahead until Switzerland formally
concludes the Protocol, black on white.
In the absence of an
international agreement on determining the conditions for Switzerland's
association to Horizon 2020, Switzerland does not participate in this
programme as an associated country. This means that for 2014 calls for
proposals participation of Swiss entities will be in accordance with
Horizon 2020 provisions governing participation of third country
entities.
As for Erasmus +, Switzerland
has now missed the time for the 2014 grant award decisions. This means
that in 2014, Switzerland will not participate in Erasmus+ on equal
footing with Member States as initially envisaged and its participation
will be limited to cooperation activities as with any other third
country.
I want to make very clear that
this freeze of negotiations is not a "punishment" or "sanction" for the
expression of the Swiss electorate, but a logical consequence of the
choice Switzerland itself has made, a consequence which was very
well-known before. Nobody can pretend to be surprised here. Of course,
nobody has an interest in breaking off dialogue, and we will continue to
engage constructively in the hope that a solution can be found rapidly.
But we have to take into account the changed circumstances and the
possible non-conclusion of the Croatia Protocol. Business as usual is not an option.
In the same vein, and I want to
be equally clear: nobody on our side has an interest in terminating the
Freedom of Movement of People Agreement and invoking the guillotine
clause linking the package of agreements concluded in 1999. Not even the
proponents of the initiative are aiming for this. I therefore trust
that the Swiss authorities will make serious and significant efforts to
try and square the circle, and that we will be able to say in a year
from now that relations with Switzerland are as close and friendly as
they were before 9 February.
http://europa.eu/rapid/press-release_STATEMENT-14-32_en.htm
26/2/14
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