1. An employed person who is a national of a Contracting Party may not, by reason of his nationality, be treated differently in the territory of the other Contracting Party from national employed persons as regards conditions of employment and working conditions, especially as regards pay, dismissal, or reinstatement or re-employment if he becomes unemployed.
2. An employed person and the members of his family referred to in Article 3 of this Annex shall enjoy the same tax concessions and welfare benefits as national employed persons and members of their family.
3. He shall also be entitled on the same basis and on the same terms as national employed persons to education in vocational training establishments and in vocational retraining and occupational rehabilitation centres.
4. Any clause in a collective or individual agreement or in any other collective arrangements concerning access to employment, employment, pay and other terms of employment and dismissal, shall be automatically void insofar as it provides for or authorises discriminatory conditions with respect to foreign employed persons who are nationals of the Contracting Parties.
5. An employed person who is a national of a Contracting Party and is employed in the territory of the other Contracting Party shall enjoy equal treatment in terms of membership of trade union organisations and exercise of union rights, including the right to vote and right of access to executive or managerial positions within a trade union organisation; he may be precluded from involvement in the management of public law bodies and from holding an office governed by public law. He shall, moreover, have the right to be eligible for election to bodies representing employees in an undertaking.
These provisions shall be without prejudice to laws or regulations in the host state which confer more extensive rights on employed persons from the other Contracting Party.
6. Without prejudice to the provisions of Article 26 of this Annex, an employed person who is a national of a Contracting Party and employed in the territory of the other Contracting Party shall enjoy all the rights and all the advantages accorded to national employed persons in terms of housing, including ownership of the housing he needs.
Such a worker shall have the same right as nationals to register on the housing lists in the region in which he is employed, where such lists exist; he shall enjoy the resultant benefits and priorities.
If his family has remained in his state of provenance, it shall be considered for this purpose as residing in the said region, where national workers benefit from a similar presumption.
Article 10
Public service employment
A national of a Contracting Party pursuing an activity as an employed person may be refused the right to take up employment in the public service which involves the exercise of public power and is intended to protect the general interests of the state or other public bodies.
Article 11
Cooperation in relation to employment services.
The Contracting Parties shall cooperate, within the EURES (European Employment Services) network, in particular in setting up contacts, matching job vacancies and applications and exchanging information on the state of the labour market and living and working conditions.
III.
SELF-EMPLOYED PERSONS
Article 12
Rules regarding residence
1. A national of a Contracting Party wishing to become established in the territory of another Contracting Party in order to pursue a self-employed activity (hereinafter referred to as a ‘self-employed person’) shall receive a residence permit valid for a period of at least five years from its date of issue, provided that he produces evidence to the competent national authorities that he is established or wishes to become so.2. The residence permit shall be extended automatically for a period of at least five years, provided that the self-employed person produces evidence to the competent national authorities that he is pursuing a self-employed economic activity.3.
When issuing residence permits, the Contracting Parties may not require self-employed persons to produce more than the following:
(a)
the document by virtue of which he entered their territory;
(b)
the evidence referred to in paragraphs 1 and 2.
4. A residence permit shall be valid throughout the territory of the issuing state.5. Breaks in residence of less than six consecutive months and absences for the purposes of fulfilling military service obligations shall not affect the validity of the residence permit.6. Valid residence permits may not be withdrawn from persons referred to in paragraph 1 merely because they are no longer working owing to temporary incapacity as a result of illness or accident.
Article 13
Self-employed frontier workers
1. A self-employed frontier worker is a national of a Contracting Party who is resident in the territory of a Contracting Party and who pursues a self-employed activity in the territory of the other Contracting Party, returning to his place of residence as a rule every day or at least once a week.2. Self-employed frontier workers shall not require a residence permit.
The relevant authorities of the state concerned may nevertheless issue a self-employed frontier worker with a special permit valid for at least five years provided that he produces evidence to the competent national authorities that he is pursuing or wishes to pursue a self-employed activity. The permit shall be extended for at least five years, provided that the frontier worker produces evidence that he is pursuing a self-employed activity.
3. Special permits shall be valid throughout the territory of the issuing state.
Article 14
Occupational and geographical mobility
1. Self-employed persons shall have the right to occupational and geographical mobility throughout the territory of the host state.2. Occupational mobility shall include change of occupation and changing from self-employed to employed status. Geographical mobility shall include changes in the place of work and residence.
Article 15
Equal treatment
1. As regards access to a self-employed activity and the pursuit thereof, a self-employed worker shall be afforded no less favourable treatment in the host country than that accorded to its own nationals.2. The provisions of Article 9 of this Annex shall apply mutatis mutandis to the self-employed persons referred to in this Chapter.
Article 16
Exercise of public authority
A self-employed person may be denied the right to pursue an activity involving, even on an occasional basis, the exercise of public authority.
IV.
PROVISION OF SERVICES
Article 17
Persons providing services
With regard to the provision of services, the following shall be prohibited under Article 5 of this Agreement:
(a)
any restriction on the cross-frontier provision of services in the territory of a Contracting Party not exceeding 90 days of actual work per calendar year;
(b)
any restriction on the right of entry and residence in the cases covered by Article 5(2) of this Agreement concerning:
(i)
persons providing services who are nationals of the Member States of the European Community or Switzerland and are established in the territory of a Contracting Party other than that of the person receiving services;
(ii)
employees, irrespective of their nationality, of persons providing services, who are integrated into one Contracting Party's regular labour market and posted for the provision of a service in the territory of another Contracting Party without prejudice to Article 1.
Article 18
The provisions of Article 17 of this Annex shall apply to companies formed in accordance with the law of a Member State of the European Community or Switzerland and having their registered office, central administration or principal place of business in the territory of a Contracting Party.
19.
A person providing services who has the right or has been authorised to provide a service may, for the purposes of its provision, temporarily pursue his activity in the state in which the service is provided on the same terms as those imposed by that state on its own nationals, in accordance with the provisions of this Annex and Annexes II and III.
20.
1. Persons referred to in Article 17(b) of this Annex who have the right to provide a service shall not require a residence permit for periods of residence of 90 days or less. Such residence shall be covered by the documents referred to in Article 1, by virtue of which they entered the territory.2. Persons referred to in Article 17(b) of this Annex who have the right or have been authorised to provide a service for a period exceeding 90 days shall receive, to substantiate that right, a residence permit for a period equal to that of the provision of services.3. The right of residence shall apply throughout the territory of Switzerland or the Member State of the European Community concerned.4.
For the purposes of issuing residence permits, the Contracting Parties may not require of the persons referred to in Article 17(b) of this Annex more than:
(a) the document by virtue of which they entered the territory;
(b) evidence that they are providing or wish to provide a service.
21.
1. The total duration of provision of services under Article 17(a) of this Annex, whether continuous or consisting of successive periods of provision, may not exceed 90 days of actual work per calendar year.2. The provisions of paragraph 1 shall be without prejudice to the discharge by the person providing a service of his legal obligations under the guarantee given to the person receiving the service or to cases of force majeure.
22.
1. The provisions of Articles 17 and 19 of this Annex shall not apply to activities involving, even on an occasional basis, the exercise of public authority in the Contracting Party concerned.2. The provisions of Articles 17 and 19 of this Annex and measures adopted by virtue thereof shall not preclude the applicability of laws, regulations and administrative provisions providing for the application of working and employment conditions to employed persons posted for the purposes of providing a service. In accordance with Article 16 of this Agreement, reference is made to Directive 96/71/EC of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1) ( 11 ).3.
The provisions of Articles 17(a) and 19 of this Annex shall be without prejudice to the applicability of the laws, regulations and administrative provisions prevailing in all Contracting Parties at the time of this Agreement's entry into force in respect of:
(i)
the activities of temporary and interim employment agencies;
(ii)
financial services where provision is subject to prior authorisation in the territory of a Contracting Party and the provider to prudential supervision by that Contracting Party's authorities.
4. The provisions of Articles 17(a) and 19 of this Annex shall be without prejudice to the applicability of the Contracting Parties' respective laws, regulations and administrative provisions concerning the provision of services of 90 days of actual work or less required by imperative requirements in the public interest.
23. Persons Receiving Services
1. A person receiving services within the meaning of Article 5(3) of this Agreement shall not require a residence permit for a period of residence of three months or less. For a period exceeding three months, a person receiving services shall be issued with a residence permit equal in duration to the service. He may be excluded from social security schemes during his period of residence.2. A residence permit shall be valid throughout the territory of the issuing state.
V. PERSONS NOT PURSUING AN ECONOMIC ACTIVITY
24. Rules Regarding Residence
1. A person who is a national of a Contracting Party not pursuing an economic activity in the state of residence and having no right of residence pursuant to other provisions of this Agreement shall receive a residence permit valid for at least five years provided he proves to the competent national authorities that he possesses for himself and the members of his family:
(a) sufficient financial means not to have to apply for social assistance benefits during their stay;
(b) all-risks sickness insurance cover ( 12 ).
The Contracting Parties may, if they consider it necessary, require the residence permit to be revalidated at the end of the first two years of residence.
2. Financial means shall be considered sufficient if they exceed the amount below which nationals, having regard to their personal situation and, where appropriate, that of their family, can claim social security benefits. Where that condition cannot be applied, the applicant's financial means shall be regarded as sufficient if they are greater than the level of the minimum social security pension paid by the host state.
3. Persons who have been employed for less than one year in the territory of a Contracting Party may reside there provided they comply with the conditions set out in paragraph 1 of this Article. The unemployment benefits to which they are entitled under national law which is, where appropriate, complemented by the provisions of Annex II, shall be considered to be financial means within the meaning of paragraphs 1(a) and 2 of this Article.
4. A student who does not have a right of residence in the territory of the other Contracting Party on the basis of any other provision of this Agreement shall be issued with a residence permit for a period limited to that of the training or to one year, if the training lasts for more than one year, provided he satisfies the national authority concerned, by means of a statement or, if he chooses, by any other at least equivalent means, that he has sufficient financial means to ensure that neither he, his spouse nor his dependent children will make any claim for social security of the host state during their stay, and provided he is registered in an approved establishment for the purpose of following, as his principal activity, a vocational training course and has all-risks sickness insurance cover. This Agreement does not regulate access to vocational training or maintenance assistance given to the students covered by this Article.
5. A residence permit shall automatically be extended for at least five years provided that the eligibility conditions are still met. Residence permits for students shall be extended annually for a duration equal to the remaining training period.6. Breaks in residence of less than six consecutive months and absences for the purposes of fulfilling military service obligations shall not affect the validity of the residence permit.7. A residence permit shall be valid throughout the territory of the issuing state.8. The right of residence shall obtain for as long as beneficiaries of that right fulfil the conditions laid down in paragraph 1.
VI. PURCHASE OF IMMOVABLE PROPERTY
25.
1. A national of a Contracting Party who has a right of residence and his principal residence in the host state shall enjoy the same rights as a national as regards the purchase of immovable property. He may set up his principal residence in the host state at any time in accordance with the relevant national rules irrespective of the duration of his employment. Leaving the host state shall not entail any obligation to dispose of such property.
2. The national of a Contracting Party who has a right of residence but does not have his principal residence in the host state shall enjoy the same rights as a national as regards the purchase of immovable property needed for his economic activity. Leaving the host state shall not entail any obligation to dispose of such property. He may also be authorised to purchase a second residence or holiday accommodation. This Agreement shall not affect the rules applying to pure capital investment or business of unbuilt land and apartments.
3. A frontier worker shall enjoy the same rights as a national as regards the purchase of immovable property for his economic activity and as a secondary residence. Leaving the host state shall not entail any obligation to dispose of such property. He may also be authorised to purchase holiday accommodation. This Agreement shall not affect the rules applying in the host state to pure capital investment or business of unbuilt land and apartments.
VII. TRANSITIONAL PROVISIONS AND DEVELOPMENT OF THE AGREEMENT
26. General Provisions
1. When the quantitative restrictions laid down in Article 10 of this Agreement are applied, the provisions contained in this Chapter shall supplement or replace the other provisions of this Annex, as the case may be.2. When the quantitative restrictions laid down in Article 10 of this Agreement are applied, the pursuit of an economic activity shall be subject to the issue of a residence and/or a work permit.
27. Rules Relating to the Residence of Employed Persons
1. The residence permit of an employed person who has an employment contract for a period of less than one year shall be extended for up to a total of 12 months provided that the employed person furnishes proof to the competent national authorities that he is able to pursue an economic activity. A new residence permit shall be issued provided that the employed person furnishes proof that he is able to pursue an economic activity and that the quantitative limits laid down in Article 10 of this Agreement have not been reached. There shall be no obligation to leave the country between two employment contracts in accordance with Article 24 of this Annex.
2. During the period referred to in►M10 Article 10(2b), (2c), (4c) and (4d) ◄of this Agreement, a Contracting Party may require that a written contract or draft contract be produced before issuing a first residence permit.
3. (a) Persons who have previously held temporary jobs in the territory of the host state for at least 30 months shall automatically have the right to take up employment for an unlimited duration ( 13 ). They may not be denied this right on the grounds that the number of residence permits guaranteed has been exhausted.
(b) Persons who have previously held seasonal employment in the territory of the host state for a total of not less than 50 months during the last 15 years and do not meet the conditions of entitlement to a residence permit in accordance with the provisions of subparagraph (a) above shall automatically have the right to take up employment for an unlimited duration.
28. Employed Frontier Workers
1. An employed frontier worker is a national of a Contracting Party who has his normal place of residence in the frontier zones of Switzerland or neighbouring states and who pursues an activity as an employed person in the frontier zones of another Contracting Party returning as a rule to his principal residence every day, or at least once a week. For the purposes of this Agreement, frontier zones shall mean the zones defined in the agreements concluded between Switzerland and its neighbours concerning movement in frontier zones.
2. The special permit shall be valid throughout the frontier zone of the issuing state.
29. Employed Persons' Right to Return
1. An employed person who, on the date this Agreement entered into force, was holding a residence permit valid for at least one year and who has then left the host country shall be entitled to preferential access to the quota for a new residence permit within six years of his departure provided he proves that he is able to pursue an economic activity.
2. A frontier worker shall have the right to a new special permit within six years of the end of his previous employment over an uninterrupted period of three years, subject to verification of his pay and working conditions if he is employed for the two years following the Agreement's entry into force, provided he proves to the competent national authorities that he is able to pursue an economic activity.
3. Young persons who have left the territory of a Contracting Party after residing there for at least five years before the age of 21 shall have the right for a period of four years to return to that country and pursue an economic activity.
30. Employed Persons' Occupational and Geographical Mobility
1. An employed person holding a residence permit valid for less than one year shall, for the twelve months following the commencement of his employment, have the right to occupational and geographical mobility. The right to change from employed to self-employed status shall also be allowed subject to compliance with Article 10 of this Agreement.
2. Special permits issued to employed frontier workers shall confer the right to occupational and geographical mobility within all the frontier zones of Switzerland or its neighbouring states.
31. Rules Relating to the Residence of Self-employed Persons
A national of a Contracting Party wishing to become established in the territory of another Contracting Party in order to pursue a self-employed activity (hereinafter referred to as a ‘self-employed worker’) shall receive a residence permit valid for a period of six months. He shall receive a residence permit valid for at least five years provided that he proves to the competent national authorities before the end of the six-month period that he is pursuing a self-employed activity. If necessary, the six-month period may be extended by a maximum of two months if there is a genuine likelihood that he will produce such proof.
32. Self-employed Frontier Workers
1. A self-employed frontier worker is a national of a Contracting Party who is ordinarily resident in the frontier zones of Switzerland or neighbouring states and who pursues a self-employed activity in the frontier zones of the other Contracting Party returning as a rule to his principal residence in principle every day or at least once a week. For the purposes of this Agreement, frontier zones shall mean the zones defined in the agreements concluded between Switzerland and its neighbouring states concerning movement in frontier zones.
2. A national of a Contracting Party who wishes in his capacity as a frontier worker to pursue a self-employed activity in the frontier zones of Switzerland or its neighbouring states shall receive a preliminary six-month special permit in advance. He shall receive a special permit for a period of at least five years provided that he proves to the competent national authorities, before the end of that six-month period, that he is pursuing a self-employed activity. If necessary, the six-month period may be extended by a maximum of two months if there is a genuine likelihood that he will produce such proof.
3. Special permits shall be valid throughout the frontier zone of the issuing state.
33. Self-employed Persons' Right to Return
1. A self-employed person who has held a residence permit valid for a period of at least five years and who has left the host state shall have the right to a new permit within six years of his departure provided he has already worked in the host country for an uninterrupted period of three years and proves to the competent national authorities that he is able to pursue an economic activity.
2. A self-employed frontier worker shall have the right to a new special permit within a period of six years of the termination of previous activity lasting for an uninterrupted period of four years provided he proves to the competent national authorities that he is able to pursue an economic activity.
3. Young persons who have left the territory of a Contracting Party after residing there for at least five years before the age of 21 shall have the right for a period of four years to return to that country and pursue an economic activity.
34. Self-employed Persons' Occupational and Geographical Mobility
Special permits issued to self-employed frontier workers shall confer the right to occupational and geographical mobility within the frontier zones of Switzerland or its neighbouring states. Preliminary six-month residence permits issued in advance (in the case of frontier workers, special permits) shall confer the right only to geographical mobility.
▼M3
ANNEX I
TRANSITIONAL MEASURES ON THE PURCHASE OF LAND AND SECONDARY RESIDENCE
1. The Czech Republic
(a) The Czech Republic may maintain in force for five years from the date of its accession to the EU the rules laid down in the Foreign Exchange Act No 219/1995 Sb., as amended, on the acquisition of secondary residences by Swiss nationals non-resident in the Czech Republic and by companies formed in accordance with the laws of Switzerland and being neither established nor having a branch or a representative agency in the territory of the Czech Republic.
(b) The Czech Republic may maintain in force for seven years from the date of accession to the EU the rules laid down in the Foreign Exchange Act No 219/1995 Sb., as amended, Act No 229/1991 Sb., on the arrangement of ownership relations towards land and other agricultural property, and the Act No 95/1999 Sb., on conditions relating to the transfer of agricultural land and forests from the state ownership to ownership of other entities regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with the laws of Switzerland which are neither established nor registered in the Czech Republic. Without prejudice to another provision of this point 1, a Swiss national may in no instance be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of the Protocol or be treated in a more restrictive way than a national of a third country.
(c) Self-employed farmers who are Swiss nationals and who wish to establish themselves and reside in the Czech Republic shall not be subject to the provisions of (b) or to any procedures other than those to which nationals of the Czech Republic are subject.
(d) A general review of these transitional measures shall be held in the third year following the date of accession of the Czech Republic to the EU. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).
(e) Should the Czech Republic introduce conditions for the acquisition of real estate in the Czech Republic by non-residents during the transitional period, they shall be based on transparent, objective, stable and public criteria. These criteria shall be applied in a non-discriminatory manner and shall not differentiate between nationals of Czech Republic and Swiss nationals.
(f) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of the Czech Republic, the Joint Committee, at the request of the Czech Republic, shall decide upon the extension of the transitional period for up to a maximum of three years.
2. Estonia
(a) Estonia may maintain in force for seven years from the date of its accession to the EU, its legislation existing at the time of signature of this Protocol regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with the laws of Switzerland and being neither established nor registered nor having a local branch or agency in Estonia. In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a more restrictive way than a national of a third country. According to this legislation, Estonia has adopted the Act on Restrictions on Acquisition of Immovable Property and the Amendments to the Land Reform Act, both from 12 February 2003.
(b) Swiss nationals who wish to establish themselves as self-employed farmers and reside in Estonia, and who have been legally resident and active in farming in Estonia for at least three years continuously, shall not be subject to the provisions of (a) or to any procedures other than those to which nationals of Estonia are subject.
(c) A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, the Commission of the European Communities (hereinafter referred to as ‘the Commission’) shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).
(d) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Estonia, the Joint Committee, at the request of Estonia, shall decide upon the extension of the transitional period for up to a maximum of three years.
3. Cyprus
Cyprus may maintain for five years from the date of its accession to the EU, its legislation as in force on 31 December 2000 regarding the acquisition of residences for secondary use.
According to the Acquisition of Real Estate (Aliens) Cap 109 and the Amending Laws 52/69, 55/72 and 50/90, the acquisition of real estate in Cyprus by non-Cypriots is subject to the approval by the Council of Ministers. The Council of Ministers has authorised the District Officers to grant approval on its behalf. When the real estate concerned exceeds 2 donums (1 donum = 1 338 m2), approval may be granted only for the following purposes:
(a)
primary or secondary residence not exceeding an area of 3 donums,
(b)
professional or commercial premises,
(c)
industry in sectors deemed beneficial for the Cypriot economy.
The above law has been amended by the ‘Acquisition of Real Estate (Aliens) (Amendment) Law of 2003, No 54(I)/2003’. The new Law imposes no restrictions on EU nationals and EU registered companies for the acquisition of real estate linked to primary residence and foreign direct investment or the acquisition of real estate by EU real estate agents and land developers. Regarding the acquisition of residence for secondary use, the Law provides that for a period of five years, following Cyprus's accession to EU, EU nationals not permanently residing in Cyprus and EU registered companies not having their registered office, central administration or principal place of business in Cyprus, may not acquire real estate for the purpose of using it as secondary residence, without prior authorisation by the Council of Ministers, which has delegated its authority to the District Officers, as mentioned above.
4. Latvia
(a) Latvia may maintain in force for seven years from the date of accession the rules laid down in Law on Amendments to the Law on Privatisation of Land in Rural (in force since 14 April 2003) regarding the acquisition of agricultural land and forests by Swiss nationals and companies formed in accordance with the laws of Switzerland and being neither established nor registered nor having a local branch or agency in Latvia. In no instance may a national of Switzerland be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a more restrictive way than a national of a third country.
(b) A general review of these transitional measures shall be held before the end of the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).
(c) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Latvia, the Joint Committee, at the request of Latvia, shall decide upon the extension of the transitional period for up to a maximum of three years.
5. Lithuania
(a) Lithuania may maintain in force for seven years from the date of its accession to the EU, its legislation existing at the time of signature of this Protocol regarding the acquisition of agricultural land and forests by Swiss nationals and by companies formed in accordance with the Swiss laws and being neither established nor registered nor having a local branch or agency in Lithuania. In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land and forests than at the date of signature of this Protocol or be treated in a more restrictive way than a national of a third country. According to this legislation, Swiss nationals and legal persons, as well as organisations set up in Switzerland without the status of a legal person, but with the civil capacity laid down in the Swiss laws, may not acquire agricultural land and forestry land before the end of the 7-year transitional period defined in the Treaty of Accession of the Republic of Lithuania to the European Union.
(b) Swiss nationals who wish to establish themselves as self-employed farmers and reside in Lithuania, and who have been legally resident and active in farming in Lithuania for at least three years continuously, shall not be subject to the provisions of (a) or to any procedures other than those to which nationals of Lithuania are subject.
(c) A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (a).
(d) If there is sufficient evidence that, upon expiry of the transitional period, there will be serious disturbances or a threat of serious disturbances on the agricultural land market of Lithuania, the Joint Committee, at the request of Lithuania, shall decide upon the extension of the transitional period for up to a maximum of three years.
6. Hungary
(a) Hungary may maintain in force for five years from the date of its accession to the EU, its legislation contained in Act LV of 1994 on Agricultural Land as amended regarding the acquisition of secondary residences.
(b) Swiss nationals who have been legally resident in Hungary at least for four years continuously shall not be subject to the provisions of (a) or to any rules and procedures other than those to which nationals of Hungary are subject. During the transitional period Hungary shall apply authorisation procedures for the acquisition of secondary residences based on objective, stable, transparent and public criteria. These criteria shall be applied in a non-discriminatory manner and shall not differentiate between Swiss nationals residing in Hungary.
(c) Hungary may maintain in force for seven years from the date of its accession to the EU, the prohibitions contained in Act LV of 1994 on Agricultural Land as amended on the acquisition of agricultural land by natural persons who are non-residents or non nationals of Hungary and by legal persons.
(d) Swiss nationals who want to establish themselves as self-employed farmers and who have been legally resident and active in farming in Hungary at least for three years continuously, shall not be subject to the provisions of (c) or to any rules and procedures other than those to which nationals of Hungary are subject.
(e) A general review of these transitional measures shall be held in the third year following the date of its accession to the EU. To this effect, the Commission shall submit a report to the Joint Committee. The Joint Committee may decide to shorten or terminate the transitional period indicated in (c).
(f) Should Hungary apply authorisation procedures for the acquisition of agricultural land during the transitional period, they shall be based on objective, stable, transparent and public criteria. These criteria shall be applied in a non-discriminatory manner.