Volt fully supports the new package of agreements between Switzerland and the European Union (Bilaterals 3)

After long and intensive negotiations, Switzerland and the European Union (EU) have agreed on a new package to regulate their relations. The existing bilateral agreements have formed the basis of cooperation for over 20 years: in 2000, a package of agreements was concluded under the name ‘Bilaterals 1’, which since then has enabled the free movement of goods, capital and services in addition to the free movement of persons. This was followed in 2004 by a further nine agreements in the ‘Bilaterals 2’ package, with which we joined Schengen/Dublin and deepened cooperation with the EU in various areas. However, these bilateral agreements have eroded as they can no longer be updated and therefore no longer correspond to the current framework conditions. 

In order to close this gap and make relations fit for the future, the two partners have worked on a new package of agreements in over 190 meetings. The visit of EU Commission President Ursula von der Leyen to Bern last Friday marked the successful conclusion of these negotiations.  

‘Today is a day of great joy,’ said von der Leyen in Bern. ‘This agreement between the European Union and Switzerland is historic. Not only does it strengthen the lasting partnership between us, the strengthened bond is also of great importance in the wider context, as we are providing joint responses to global realities that we all have to deal with’

What is included in the package?

The new package includes an update of five existing agreements that grant Switzerland access to the EU internal market: Air transport, land transport, free movement of persons, conformity assessment and trade in agricultural products. It also includes new agreements on electricity, food safety and health. Switzerland also declared its willingness to examine a continuation of the Swiss contribution to cohesion within the EU as part of the negotiation package. With this contribution, Switzerland supports economic and social development in the EU member states. Institutional issues such as the dynamic adoption of law or dispute settlement are defined separately in all agreements.

The most important points of the new negotiation package at a glance:

• Free movement of persons: The agreement on the free movement of persons will be modernised and adapted to the Free Movement Directive (UBRL). Switzerland will now have to treat all EU citizens equally. Until now, for example, different criteria for entry or different tuition fees at universities and universities of applied sciences applied depending on the EU country of origin.
  Switzerland and the EU have also agreed on a safeguard clause for immigration. In the event of ‘serious economic or social problems’, a joint committee of both parties will decide whether Switzerland will take protective measures.

• Dynamic adoption of legislation: Switzerland undertakes to adopt relevant EU legislation in the areas covered by existing agreements and to adapt to legal developments. The democratic processes, including the possibility of a referendum, remain intact. However, if Switzerland does not wish to adapt, the EU can then decide on compensatory measures.

• Court of arbitration and ECJ: An independent court of arbitration will be set up to settle disputes. If this court is unable to reach an agreement between the two partners in a particular case, the matter must be referred to the European Court of Justice.

• Enhanced cooperation: Switzerland will participate in the EU internal electricity market. It will also participate in EU programmes on food safety, research (Horizon Europe), Euratom, Digital Europe, EU4Health, EU space research and Erasmus+.

Points of criticism

Such a broad treaty package only works with compromises from all sides. While the EU accommodates us in various areas such as the safeguard clause, Switzerland must also come closer to the EU in certain areas. In these areas, either a compromise has already been found with the EU itself, or the Federal Council and Parliament will have to find protective measures domestically in the next phase. Here are some of the points of criticism that were also discussed by us in Volt:

• Wage protection: One point of criticism of the new negotiation package concerns wage protection, more specifically the accompanying measures (FlaM). Trade unions in particular fear wage dumping and a deterioration in the wage level of Swiss workers. The EU initially wanted the current eight-day registration period to be completely abolished. However, the two parties have agreed that it should only be reduced to four days and Switzerland has also been guaranteed a non-regression clause, i.e. that wage protection measures will always be maintained at least at this level, even if EU wage protection deteriorates in the future.
  One unresolved issue that still needs to be resolved domestically is the expense regulations: while Swiss companies are bound by the Swiss expense regulations, EU companies only have to comply with their local rules, not the stricter Swiss rules. In our opinion, a domestic political solution still needs to be found to prevent wage dumping.

• Cohesion contribution: Switzerland currently pays around 130 million a year in cohesion funds to the EU to support financially weaker EU countries. From 2030, this figure is to rise to around 350 million per year. We at Volt consider this contribution to be appropriate, as Switzerland benefits massively from the EU internal market and should therefore also pay its fair share. By way of comparison, the EEA country Norway pays 400 million annually. 

• Liberalisation of rail transport: The new agreements will lead to liberalisation in various areas. One of our concerns was the area of rail transport: we at Volt do not want to jeopardise the best practice of the synchronised timetable. Fortunately, however, the EU has made concessions to Switzerland and so, despite liberalisation, the synchronised timetable continues to have priority on the railways and Swiss tickets and season tickets must also be valid on journeys operated by EU transport companies.

What happens next?

Next, the texts will be finalised by both sides and the Federal Council will hold talks with the cantons and the economic and social partners on the domestic measures. From 2026, the agreements will then be submitted to the Swiss Parliament and the European Commission will also request the constent from the European Parliament. 

According to current information, the package will be divided into four separate federal resolutions in Switzerland: The three new agreements separately and then the stabilisation of the existing agreements. Depending on the outcome, there would be up to four votes, which could take until 2028.

Our opinion

The new negotiation package marks an important step in relations between Switzerland and the EU. We must finally stabilise, further develop and strengthen relations with our neighbouring countries and most important partners. This package is tailor-made for Switzerland, and the EU is approaching us on many points. Accordingly, Switzerland is now being asked to make compromises that we believe are more than fair. 

The public discourse surrounding this package is already difficult, as the billionaire opponents are already beating the disinformation drum and shouting bogus arguments such as ‘subjugation before foreign judges’. That is why it is crucial that all pro-European forces get together and support this package. Yes, the package has justified points of criticism, which must now be tackled domestically with pragmatism and a willingness to compromise on all sides. Nevertheless, the advantages massively outweigh any disadvantages. 

Volt's vision for Europe aims to build a European federal republic in the long term, in which Switzerland will also find its place. We want a more democratic Europe that stands for freedom, cooperation and progress. And even if this goal is still a long way off, we are still fighting every day in over 30 countries to gradually move closer to this vision. We in Switzerland have our own path here, which is quite different from our neighbours; nevertheless, the goal is the same. And that's why we at Volt are fully behind this ‘Bilaterals 3’ package and see it as a key step in the right direction. The referendum campaign will be tough, but we are ready. And you?

Sources

Überblick bilateraler Weg, Eidgenössisches Departement für auswärtige Angelegenheiten EDA
Die bilateralen Abkommen Schweiz – EU und die Übernahme von EU-Recht, Universität Zürich
Bilaterale Verträge, Europäische Bewegung Schweiz
Beziehungen zur EU: Der Bundesrat legt Stossrichtung für Verhandlungspaket fest, Bundesrat
Verhandlungen abgeschlossen: EU und Schweiz stärken ihre Partnerschaft, Europäische Kommission
Die Schweiz und die EU schliessen die Verhandlungen ab, SWI swissinfo.ch
The Commission and Switzerland complete negotiations to bring the EU-Switzerland bilateral relationship to a new level, European Comission
Questions and answers on the broad package of measures to deepen and expand the EU-Switzerland relationship, European Comission
Der Bundesrat nimmt Kenntnis vom materiellen Abschluss der Verhandlungen zwischen der Schweiz und der EU, Bundesrat
Die Schweiz und die Europäische Union würdigen das Ergebnis der Verhandlungen, Bundesrat
Der Bundesrat spaltet das Vertragspaket mit der EU auf, SRF
Parteispitzen zur Paketlösung mit der EU und zum CS-Bericht, SRF Arena