2011/467/EU: Council Decision of 19 July 2011 on the position to be taken by the European Union within the EU-Swiss Joint Committee established by Article 14 of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, as regards the replacement of Annex III (Mutual recognition of professional qualifications) thereto

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(9) in conjunction with Articles 46, 53 and 62 thereof,

Having regard to the proposal from the European Commission,

Whereas:

1. The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (‘the Agreement’) was signed on 21 June 1999 and entered into force on 1 June 2002.

2. Article 14 of the Agreement establishes a Joint Committee. Pursuant to Article 18 of the Agreement, amendments to, inter alia, Annex III (Mutual recognition of professional qualifications) thereto are to be adopted by decision of that Joint Committee.

3. In order to preserve the coherent and correct application of EU legal acts and to avoid administrative — and possibly legal — difficulties, Annex III to the Agreement should be amended to integrate new EU legal acts to which the Agreement does not currently refer.

4. In the interests of clarity and rationality, Annex III to the Agreement should be consolidated and replaced by a new Annex.

5. The position of the Union within the EU-Swiss Joint Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION: