Swiss negotiators have succeeded in preserving the specificities and interests of our country in the face of the requests of the European Union.
Eleven exploratory discussions, 46 technical meetings, 70 experts, 200 negotiation cycles: Secretary of State Alexandre Fasel and his assistant Patric Franzen have not spared their sentence to obtain as many concessions as possible in favor of Switzerland in the new agreements with the EU that the Federal Council has just sent consultation until the end of October. They deserve our thanks and our congratulations.
We can in fact also thank those who pushed the Federal Council to interrupt the negotiations in May 2021 on a framework agreement with the EU, even if certain sectors have suffered. The new vertical, or sectoral approach, has made it possible to clarify several points, to guarantee certain exceptions and also to add new agreements requested by Switzerland. We must now recognize the progress made. Here are 8 elements that should make you want to see ratified the new package of agreements with the EU:
Swiss researchers will again be able to participate in EU strategic projects and Swiss students will be able to train again everywhere in the EU.
- Switzerland will again be associated with retroactive effect on January 1, 2025 with Horizon Europe, Euratom and Digital Europe programs and should also find its association in Erasmus+ from 2027 (the Swiss Parliament will have to approve the financing of this participation, which will replace the current Swiss solution for the encouragement of mobility). Swiss researchers will again be able to participate in EU (AI, quantum technologies, space) strategic projects and Swiss students will be able to train again everywhere in the EU.
- Relations with the EU will be stabilized and will be able to develop again in the fields that interest Switzerland, for example cross -border financial services. The EU will no longer be able to take arbitrary retaliation measures, unrelated to the object of its dissatisfaction (as no longer recognizing the equivalence of Swiss scholarships). On the contrary, any compensation measures will be limited to agreements relating to the internal market (agricultural agreement and that on health also require a violation in their field).
- With the new agreement on electricity, Switzerland has limited its risk of unplanned electricity flows and improves the safety of its supply (especially in winter), while remaining free to constitute reservations if necessary. The cantons will be able to keep their current practices in terms of hydroelectric concessions. In addition, households and SMEs will also be able to freely choose their electricity supplier, while keeping the possibility of staying or returning to the regulated basic supply, accompanied by more stable prices (electricity suppliers can remain in the hands of the public authorities). A comparison tool will be made available to them.
- In contrast to the framework agreement, there is no longer any new guillotine clause, which would have linked the agreements concerned (the 7 agreements of bilateral I remain linked to each other). There is no longer any question of reviewing the 1972 free trade agreement. The EU Court of Justice will only interpret European law, when necessary and that part (Switzerland or the EU) requests it; It will not decide any dispute, only the joint arbitral tribunal will appreciate the facts, only in the agreements where it is provided.
- The right of stay in Switzerland will remain linked to the exercise of a lucrative activity. Otherwise, EU nationals, including students, will not be entitled to social assistance. Foreign criminals can always be expelled according to Swiss law. At most three -month independent lucrative activities will also have to be announced. And above all, thanks to a safeguard clause, the Federal Council may take protection measures in the event of “serious economic difficulties” linked to free-circulation (concept that the Court of Justice has no competence to interpret and which will be specified in a Swiss law).
- The protection of wages is guaranteed in Switzerland, including by a clause of non-regression (the Switzerland is not obliged to resume future European rules which would weaken this protection). The support measures criticized by the EU (prior announcement, deposit) are certainly relaxed, but also sheltered from any subsequent criticism – while no state of the EU benefits. The dual system applied to Switzerland is also guaranteed and the risk branches and the density of the controls will continue to be defined independently. Finally, the Swiss detachment law will be modified to force the employer to supplement the compensation for the detachment costs if it does not cover the Swiss costs.
- EU rules on state aid will only be integrated into land and air transport agreements and that relating to electricity. In addition, the first only concerns international transport (road and rail); The furrows (circulation possibilities) reserved for national rail transport remain priority. Switzerland will always be able to directly award public procurement to SBB to develop international regional transport in border regions. Finally, even if the EU increases its limit to 60 tonnes for heavy traffic on the road, Switzerland will not be required to apply it; The ban for trucks to circulate at night and Sunday is also guaranteed. Switzerland will also be able to continue to support renewable energies.
- The current agricultural agreement applies only to foodstuffs of animal origin. The food safety protocol will also covered from non -animal foodstuffs. This will strengthen consumer protection (access to EU alert systems) and the competitiveness of Swiss producers. The agricultural component of this agreement will remain not concerned by the dynamic resumption of EU law and Switzerland can maintain its agricultural policy and customs protections (customs and contingent rights). Swiss animal protection rules, stricter, remain preserved, as is Switzerland’s autonomy in terms of GMOs. Switzerland has also been able to maintain the obligation to indicate the country of origin on foodstuffs distributed in the country.
The package of agreements thus negotiated reflects the tailor -made relations between Switzerland and the EU and improvements were even obtained from the Swiss negotiation mandate, which only a canton had rejected. The prosperity of Switzerland, from its economy as well as its inhabitants, involves access to foreign markets and legal stability. The package of agreements with the EU strengthens these aspects, without affecting the Federal Constitution, or the skills of the people, the cantons, the Federal Parliament and the Swiss courts. Its ratification should therefore be obvious, except to want to return to the slump of the 1990s, geopolitical tensions in addition.
