Vorlage 1 (englisch)

Vernehmlassung 2007/108: Protokoll II zur Ausdehnung des Abkommens über die Freizügigkeit vom 21. Juni 1999 auf die zwei neuen EU-Mitgliedstaaten Rumänien und Bulgarien · 14 Seiten

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not apply to providers of services liberalised by a specific agreement between the Contracting Parties concerning the provision of services (including the Agreement on certain aspects of government procurement in so far as it covers the provision of services). For the same period, qualification requirements may be maintained for residence permits of less than four months2 and to persons providing services, as referred to in Article 5 (1) of this Agreement, in the four sectors mentioned above.

Within two years of the entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania, the Joint Committee shall review the functioning of the transitional measures contained in this paragraph on the basis of a report prepared by each of the Contracting Parties implementing them. Upon completion of the review, and no later than two years after the entry into force of the aforementioned Protocol, the Contracting Party which has implemented the transitional measures contained in this paragraph, and has notified the Joint Committee of its intention to continue applying such transitional measures, may continue to do so until five years after the entry into force of the aforementioned Protocol. In the absence of such notification, the transitional period will expire at the end of the two-year period specified in the first subparagraph.

At the end of the transitional period defined in this paragraph, all restrictions referred to above in this paragraph shall be abolished.’

‘3b. Upon entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania and until the end of the period described in paragraph 1b, Switzerland shall reserve on an yearly basis (pro rata temporis), within its overall quota for third countries, for workers employed in Switzerland and for selfemployed persons who are nationals of these new Member States a minimum number of new residence permits3 according to the following schedule:

Number of permits for a period Number of permits for a period of more than four months and Until equal or exceeding one year less than one year

First year 362 3 620

Second year 523 4 987

Third year 684 6 355

Fourth year 885 7 722

Fifth year 1 046 9 090’

‘4c. At the end of the period described in paragraph 1b and in this paragraph and up to ten years after entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania, the provisions of Article 10 (4) of this Agreement shall apply to nationals of these new Member States.

2 Workers may apply for short-term residence permits under the quotas mentioned in subparagraph 3b even for a period of less than four months. 3 These permits will be granted in addition to the quota mentioned in Article 10 of this Agreement which are reserved for employed and self-employed persons who are nationals of the Member States at the time of signature of this Agreement (21 June 1999) and of the Member States that became Signatory Parties of this Agreement by the Protocol of 2004. These permits are also in addition to permits granted through existing bilateral trainee exchange agreements between Switzerland and the new Member States.