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EUROPEAN UNION

EU urges ‘flexibility’ to seal Swiss cooperation deal

European Union chief Ursula von der Leyen called for "flexibility" as Swiss President Guy Parmelin visited Brussels on Friday for talks aimed at breaking the logjam over a long-delayed cooperation agreement.

guy-parmelin-brussels
Swiss President Guy Parmelin holds a press conference with the European Commission president during a meeting at the European Commission building in Brussels on April 23, 2021. François WALSCHAERTS / AFP / POOL

Brussels has made no secret of its growing impatience to nail down a “framework agreement” to unify a patchwork of accords with Bern, 13 years in the making.

“In a negotiation, the final metres are the most difficult,” European Commission president von der Leyen said at the start of the meeting.

“I do, however, think that it should be possible to find compromises and conclude our institutional framework agreement. We just need some flexibility on both sides.”

For the EU, negotiations on the deal concluded in 2018 – but the Swiss have continued to press for changes and have so far balked at signing.

The agreement would rejig five major agreements within 120 bilateral accords that govern non-EU member Switzerland’s relations with the bloc.

READ ALSO: ‘Swiss autonomy’: Does Switzerland need a better agreement with the EU?

Among other points, they touch on access to the single market and fine-tuning applicable Swiss and EU laws.

“Over the past months, our chief negotiators have conducted very intense negotiations on the items which remain outstanding,” Swiss President Guy Parmelin said.

“These discussions have been far from easy, however, but I think I can say that both sides have shown their commitment to make a success of these negotiations today.”

Fears abound that failing to secure the framework deal could jeopardise Switzerland’s relationship with its largest trading partner at a time when more than half of all Swiss exports go to the bloc, which all but surrounds the landlocked country.

‘Prerequisite’ for good EU-Swiss relations

Declarations that the deal was nearly dead have multiplied in recent months.

Some hope of a comeback was restored with a report in Switzerland’s Blick newspaper this week suggesting Bern would offer easier access to Swiss residence permits for people from newer EU member states in eastern Europe in exchange for a fresh revision of the deal.

READ ALSO: EXPLAINED: What non-EU nationals (including Britons) need to know about Swiss work permits?

While not really comparable to Brexit, Switzerland would face significant consequences if the framework agreement fell through.

Since 2008, the EU has insisted Switzerland must sign the agreement before concluding any new bilateral deals.

Brussels reiterated that position last week, with European Commission spokesman Eric Mamer insisting the agreement was “necessary to develop good relations between the European Union and Switzerland”.

“It is a prerequisite for these relations to continue,” he said.

Switzerland’s leader met von der Leyen with this warning in mind, while facing pressure from the economic and financial sectors to save the deal – and demands from opponents to not cave in to the EU.

Parmelin is from the populist right-wing Swiss People’s Party. Switzerland’s largest political party has for years led efforts to resist closer ties with the EU, and has described the framework agreement as a “Diktat from Brussels”.

There are also calls for the agreement to be put to a referendum, in keeping with the direct democracy system in Switzerland.

The overarching accord would require revising five existing bilateral agreements on free movement, industrial standards, agriculture, air and land transport – and the creation of a joint arbitration court that could enable compensation for breaches.

It would also require the creation of an arbitration court to settle differences between the two sides.

Bern has continued to ask for clarifications on three points: Swiss wage protection, state subsidies and a directive that would give EU citizens in Switzerland the same right to social security as Swiss citizens.

So far, Brussels has said it is willing to provide clarifications on certain points, but has ruled out any renegotiations.

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TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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