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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In case of serious disturbances of its labour market or threat thereof, Switzerland and any of the new Member States which has implemented transitional measures, shall notify such circumstances to the Joint Committee before the end of the five-year transitional period specified in paragraph 2b, subparagraph 2. In this case, the notifying country may continue to apply to workers employed on its own territory, the measures described in paragraphs 1b, 2b and 3b until seven years after the entry into force of the aforementioned Protocol. In such a case, the annual number of residence permits referred to in paragraph 1b shall be:

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

Sixth year 1 126 10 457

Seventh year 1 207 11 664’

‘5b. The transitional provisions of paragraphs 1b, 2b, 3b and 4c, and in particular those of paragraph 2b concerning the priority of workers integrated into the regular labour market and controls on wage and working conditions, shall not apply to employed and self-employed persons who, at the time of the entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania, are authorised to pursue an economic activity on the territory of the Contracting Parties. Such persons shall in particular enjoy occupational and geographical mobility.

The holders of residence permits valid for less than one year shall be entitled to have their permits renewed; the exhaustion of quantitative limits may not be invoked against them. The holders of residence permits valid for a period equal to, or exceeding, one year shall automatically be entitled to have their permits extended. Such employed and self-employed persons shall therefore enjoy the rights to free movement accorded to established persons in the basic provisions of this Agreement, and in particular Article 7 thereof, from the entry into force of the above mentioned Protocol.’

c) In Article 27 (2) of Annex I of the Agreement, the reference to ‘Article 10 (2, 2a, 4a

and 4b)’ shall be replaced by the reference to ‘Article 10 (2, 2a, 2b, 4a, 4b and 4c)’.

Article 3

By derogation from Article 25 of Annex I of the Agreement, the transitional periods of Annex 1 to this Protocol shall apply.

Article 4

1. Annex II of the Agreement shall be modified according to Annex 2 of this Protocol.

2. Annex III of the Agreement shall be adapted by decision of the Joint Committee established by Article 14 of the Agreement.