Source: Dispatch on the Approval of Bilateral III, Chapter 2.3 (pp. 266--281)
PDF Link | Federal Gazette 2025-0749
Free movement of persons is the central internal market agreement between Switzerland and the EU. The Agreement on the Free Movement of Persons (FMPA) has been in force since 1 June 2002 and will be updated through an amendment protocol (AP-FMPA) and an institutional protocol (IP-FMPA). The Federal Council pursued three clear negotiation objectives and achieved them in full -- even exceeding the mandate regarding the safeguard clause.
The FMPA governs reciprocal freedom of establishment and access to labour markets. It guarantees:
The FMPA is employment-oriented: unlike EU-internal free movement, access is primarily linked to gainful employment. This fundamental principle is maintained.
| Indicator | Value |
|---|---|
| In force since | 1 June 2002 |
| EU nationals in Switzerland | approx. 1.6 million (end 2025) |
| Swiss nationals in the EU | approx. 460,000 |
| Main reason for immigration | 64% gainful employment |
| GDP growth since FMPA | >50% |
The Federal Council defined three core objectives for the negotiations on the FMPA update:
The negotiation result comprises a three-level protection concept:
| Exception | Description |
|---|---|
| Permanent residence | No automatic permanent residence right; linked to gainful employment and self-sufficiency |
| Criminal deportation | Criminal deportation under the FC remains fully enforceable |
| Biometric ID | Transitional period of 1 year; existing cards without chip remain valid |
| Safeguard | Description |
|---|---|
| Termination of residence | Expanded options to terminate residence in case of social welfare dependency |
| Notification procedure | Retention of the notification procedure for short-term service provision |
The safeguard clause (Art. 14a FMPA) is specified:
Wage protection follows the principle "equal pay for equal work at the same location":
Annex II of the FMPA is updated and covers:
Annex III is modernised via the IMI system (Internal Market Information System):
| Objective | Result |
|---|---|
| Employment orientation | Fully achieved |
| FC requirements (criminal deportation) | Fully achieved |
| Notification procedure | Fully achieved |
| Safeguard clause | Negotiation mandate exceeded |
The Federal Council considers the negotiation result balanced and in Switzerland's interest.
| Topic | Key Message |
|---|---|
| FMPA status | In force since 1 June 2002, to be updated |
| Instruments | AP-FMPA + IP-FMPA as integral components |
| Employment orientation | Maintained -- access primarily linked to gainful employment |
| Safeguard clause | Activable autonomously, mandate exceeded |
| Wage protection | Equal pay, non-regression, 14 measures |
| Social insurance | Annex II updated, coordination secured |
| Professional qualifications | Annex III modernised via IMI system |
| Persons affected | 1.6 million EU citizens in CH + 460,000 CH in EU |