Agreement between the Swiss Confederation and…
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Objective
The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons («the FMOPA») ceases to apply on the specified date between the Swiss Confederation («Switzerland») and the United Kingdom of Great Britain and Northern Ireland («United Kingdom») as a consequence of the United Kingdom’s withdrawal from the European Union («Union»). Acknowledging their commitment with regard to Article 23 of the FMOPA, the United Kingdom and Switzerland secure the rights acquired under the FMOPA (including the three annexes) with this Agreement. This agreement protects the rights of Swiss, United Kingdom and, for matters related to Annex II, European Union nationals who have acquired rights under the FMOPA.
SR 0.142.112.681
Art. 2 Definitions
For the purposes of this Agreement, the following definitions apply: a) «the FMOPA» means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons. b) «specified date» means: i) in the case where there is no transitional arrangement, the date on which the United Kingdom ceases to be a Member State of the European Union; ii) in the case where there is a transitional arrangement, the date on which that transitional arrangement ceases to apply. c) «transitional arrangement» means an arrangement during which the FMOPA continues to apply to the United Kingdom. d) «United Kingdom national» means a national of the United Kingdom as defined in the New Declaration by the Government of the United Kingdom of 31 December 1982 on the definition of the term «nationals» together with Declaration No 63 annexed to the Final Act of the intergovernmental conference which adopted the Treaty of Lisbon.
let. d — OJ L. C 23 of 28.1.1983, p. 1 let. d — OJ L. C 306 of 17.12.2007, p. 270
Art. 3 Territorial scope
The provisions of this Agreement shall apply, on the one hand, to the United Kingdom and Gibraltar and, on the other hand, to Switzerland.
Art. 4 Methods and principles relating to the effect, the implementation and the application of this Agreement
1. The Parties undertake to apply or to give effect to the provisions of this Agreement and in particular to guarantee the rights of Swiss and United Kingdom nationals and their family members under the Agreement by the specified date. 2. The persons covered by this Agreement shall enjoy the rights provided in this Agreement for their lifetime, unless they no longer fulfil the conditions set out in this Agreement. 3. The application of this Agreement is without prejudice to any more favourable national provisions which may exist for both nationals of the United Kingdom and Switzerland and their family members. 4. In the interpretation and application of any domestic legislation implementing this Agreement and the rights contained therein, each Party’s judicial and administrative authorities shall have due regard to this Agreement. 5. The provisions of this Agreement referring to the FMOPA and Union law concepts contained therein shall be interpreted in conformity with Article 16 paragr
Art. 4a Good faith
The Parties shall, in full mutual respect and good faith, assist each other in carrying out tasks which flow from this Agreement. They shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising from this Agreement and shall refrain from any measures which could jeopardise the attainment of the objectives of this Agreement.
Art. 5 References to the FMOPA
1. Unless otherwise provided in this Agreement all references in this Agreement to the FMOPA shall be understood as references to the FMOPA as applicable immediately prior to the specified date. 2. Unless otherwise provided in this Agreement, all references in this Agreement to Union acts or provisions thereof, shall be understood as references to the acts or provisions as incorporated into the FMOPA, and made applicable in the Contracting Parties to the FMOPA, as applicable immediately prior to the specified date.
Art. 5a References to member states
For the purposes of this Agreement, all references to Member States and competent authorities in provisions of the FMOPA made applicable by this Agreement shall be read as including the United Kingdom and its competent authorities.
Art. 6 Joint Committee
1. A Joint Committee composed of representatives of the Parties is hereby established. It shall be responsible for the management, proper application and monitoring of this Agreement. It shall have particular regard to Part Three of the Agreement and review regularly its functioning. To those ends it shall issue recommendations where applicable and take decisions in the circumstances provided for in this Agreement. The Joint Committee shall reach its decisions by mutual agreement. 2. For the purposes of the proper implementation of this Agreement, the Parties shall regularly exchange information and, at the request of either of them, shall consult each other within the Joint Committee. 3. The Joint Committee shall establish its rules of procedure. 4. The Joint Committee shall meet as and when necessary. 5. The Joint Committee may decide to set up any working party or group of experts to assist it in the performance of its duties. 6. The Parties may bring a matter under dispute which co
Art. 7 Non-discrimination
Nationals of a Party who are lawfully resident in the territory of the other Party shall not, in application of and in accordance with the provisions of this Agreement, be the subject of any discrimination on grounds of nationality.
Art. 8 Right of appeal
Article 11 of the FMOPA shall apply in respect of any decision of the competent authorities of the United Kingdom or Switzerland with regard to the application and implementation of this Agreement.