Source: Dispatch on the Approval of Bilateral III, Chapter 2.3 (pp. 282--325)
PDF Link | Federal Gazette 2025-0749
The Amendment Protocol to the FMPA (AP-FMPA) constitutes the centrepiece of the update to the Agreement on the Free Movement of Persons. It comprises new substantive provisions, dynamic adoption of law for Annex I, three new additional protocols, twelve joint declarations and one unilateral declaration by Switzerland. The existing articles of the FMPA remain fundamentally unchanged.
The AP-FMPA consists of the following components:
| Component | Content |
|---|---|
| Main body | Substantive provisions, scope, new articles |
| Annex I | Dynamic adoption of law (integration method) |
| Additional Protocol 1 | State aid (link with state aid supervision) |
| Additional Protocol 2 | Services (special regulations) |
| Additional Protocol 3 | Social security coordination |
| 12 joint declarations | Interpretive aids and political declarations of intent |
| 1 unilateral declaration | Swiss position on the safeguard clause |
For Annex I, the integration method of dynamic adoption of law is introduced:
| Aspect | Static (previous) | Dynamic (new) |
|---|---|---|
| Legal adoption | Only through treaty revision | Continuously via Joint Committee |
| Currency | Increasing divergence | Synchronised with EU law |
| Participation | No formal participation | Decision Shaping upstream |
The AP-FMPA introduces numerous new provisions:
| Article | Subject |
|---|---|
| Art. 4a | Right of establishment for self-employed and legal entities |
| Art. 4b | Equal treatment of self-employed with employed persons |
| Article | Subject |
|---|---|
| Art. 5a | General freedom to provide services (90 days / 120 working days per year) |
| Art. 5b--5d | Exceptions and restrictions |
| Art. 5e--5g | Wage protection in service provision |
| Art. 5h--5k | Administrative procedures, notification procedure, controls |
| Article | Subject |
|---|---|
| Art. 7a | Cross-border workers (rights and obligations) |
| Art. 7b | Students (residence right, no employment obligation) |
| Art. 7e | Permanent residence right (after 5 years, subject to conditions) |
| Art. 7f | Property acquisition (existing restrictions maintained) |
| Article | Subject |
|---|---|
| Art. 7c | Public authority (exception from scope) |
| Art. 7d | Public order and security |
| Art. 7h | Removal and criminal deportation |
The safeguard clause is specified in the AP-FMPA:
The negotiation result on the safeguard clause exceeds the original negotiation mandate:
The non-regression clause safeguards the Swiss level of wage protection against regression:
Family reunification is expanded in the AP-FMPA:
| Previous | New |
|---|---|
| Spouse and children under 21 | Additionally: life partners |
| Dependent relatives in ascending line | Additionally: relatives requiring care |
| Strict proof of kinship | More flexible proof options |
The regulation on biometric identification:
The 12 joint declarations concern, among others:
| Topic | Key Message |
|---|---|
| Structure | Main body + Annex I + 3 additional protocols + 12 declarations |
| Legal adoption | Dynamic for Annex I, existing articles maintained |
| New articles | 4a, 4b, 5a--5k, 7a--7h (establishment, services, residence, protection) |
| Safeguard clause | Art. 14a, activable autonomously, mandate exceeded |
| Non-regression | Swiss wage protection level safeguarded against regression |
| Family reunification | Expanded (life partners, relatives requiring care) |
| Biometric ID | 1-year transitional period, existing cards valid |
| Services | 90 days / 120 working days per year |