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Existing Agreements -- Overview

Summary: Switzerland and the EU are connected by approximately 120 bilateral agreements. The two central treaty packages -- Bilateral I (1999) and Bilateral II (2004) -- regulate mutual market access and political cooperation. However, this treaty architecture has an institutional gap that is increasingly causing problems.


Switzerland and the EU -- A Distinctive Path

Switzerland is not a member of the European Union and in 1992 also rejected accession to the European Economic Area (EEA) in a popular vote. Instead, it chose its own path: the bilateral path. Over decades, Switzerland has built a dense network of over 120 agreements with the EU that govern economic, political and social relations [1].

Two major treaty packages form the foundation of this relationship:

Treaty Architecture at a Glance

The bilateral agreements cover a broad spectrum: from the free movement of persons to the mutual recognition of product standards to security cooperation within the Schengen area. The EU is by far Switzerland's most important trading partner -- around 60 per cent of Swiss exports go to the EU, and approximately 70 per cent of imports come from EU countries [2].

Treaty package Number of agreements In force since Special feature
Bilateral I 7 2002 Guillotine clause (all or nothing)
Bilateral II 9 2005-2009 Schengen/Dublin as centrepiece
Other agreements ~100+ Various Individual agreements on specific topics

The Institutional Gap

The existing agreements have a central weakness: there is no common institutional umbrella. The treaties are static -- they reflect the legal status at the time of signature and are not automatically adapted to new EU legal developments. There is no uniform dispute resolution and no independent oversight of treaty application [3].

This institutional gap has led to existing agreements increasingly losing their value -- a process referred to as the erosion of the agreements.

Current Challenges (Status 2026)

On 2 March 2026, Switzerland and the EU signed the "Bilateral III" package -- 18 agreements intended to modernise and extend the existing treaty architecture. This chapter describes the status quo before the Bilateral Agreements III and thus provides the basis for understanding the new treaty package.

Chapter navigation:


Sources

[1] FDFA (2026). The Bilateral Agreements Switzerland-EU. Federal Department of Foreign Affairs. [Open Access]

[2] FDFA (2026). Switzerland-EU Package (Bilateral III). Federal Department of Foreign Affairs. [Open Access]

[3] FDFA (2026). Chronology of the bilateral agreements. Federal Department of Foreign Affairs. [Open Access]


Last updated: March 2026