Summary: Six existing agreements from the Bilateral Agreements I are updated under the Bilateral Agreements III and equipped with institutional elements (dynamic adoption of law, dispute resolution, oversight). The most important innovation concerns the MRA update in the area of medical devices, whose blockade since 2021 has burdened the Swiss medtech industry.
The Bilateral Agreements III update six of the seven sectoral agreements of the Bilateral Agreements I (1999). The Research Agreement is not updated but replaced by a new programme association (Horizon Europe) [1].
| Agreement | Signed | Key Update |
|---|---|---|
| Free Movement of Persons (FMPA) | 1999 | Institutional elements, wage protection protocol |
| Overland Transport | 1999 | Dynamic adoption of law, state aid rules |
| Air Transport | 1999 | Dynamic adoption of law, state aid rules |
| Agriculture | 1999 | Extended scope, food safety link |
| MRA/TBT | 1999 | Update of all chapters incl. medical devices |
| Public Procurement | 1999 | Extension to sub-national level |
The Agreement on the Free Movement of Persons is politically the most contentious element of the Bilateral Agreements III. The update comprises [1][5]:
The adoption of the EU Citizens' Rights Directive -- one of the three sticking points of the failed InstA -- was resolved through an exception for Switzerland [1].
The Overland Transport Agreement regulates cross-border road freight and passenger transport as well as rail transit. The update comprises [1][3]:
The Air Transport Agreement grants Swiss airlines access to the EU air transport market. Update [1][3]:
The Agriculture Agreement facilitates trade in agricultural products. Update [1]:
The update of the Agreement on Mutual Recognition of Conformity Assessments (MRA/TBT) is economically the most significant innovation. Since the InstA termination in May 2021, the MRA chapter on medical devices had not been updated -- with considerable costs for the Swiss medtech industry (-> Erosion of the Existing Agreements) [1][3].
Concretely:
The Agreement on Public Procurement mutually opens procurement markets for Swiss and EU companies. Update [1]:
The central innovation in all six agreements is the replacement of the previous static model with a dynamic system [5]:
| Aspect | Previously (Bilateral I) | New (Bilateral III) |
|---|---|---|
| Legal status | Frozen at 1999/2002 | Dynamically updated |
| Adjustment | Only through Joint Committees (unanimously) | Automatic adoption with opt-out |
| Dispute resolution | Political (Joint Committees) | Legal (arbitration tribunal) |
| Oversight | No uniform oversight | Independent oversight |
The dynamic adoption of law and the dispute resolution procedure are explained in detail in separate articles:
[1] FDFA (2026). Switzerland-EU Package (Bilateral III). Federal Department of Foreign Affairs. [Open Access]
[3] GTAI (2026). Agreements of the Switzerland-EU package signed. Germany Trade & Invest. [Open Access]
[5] FDFA (2026). Fact sheet: Institutional elements. Federal Department of Foreign Affairs. [Open Access]
Last updated: March 2026