Even a year after the termination of the negotiations on the framework agreement, it is unclear what will happen next. The Federal Council is continuing to probe. And sends out a subtle message.
Occasionally it seems as if Bern and Brussels lie on different stars (Picture: A European flag is created in the Sevelen flag factory).
It doesn’t work as desired. Switzerland’s biggest strategic problem is still unresolved, and at present there is not the slightest hope of a quick solution. We are talking about European policy, about the persistent crisis in relations with Switzerland’s most important partner, the EU. On Friday, the Federal Council met outside the city of Bern to once again hold a debate on European policy.
Once again, nothing solid came out. Just as the magistrates and their entourage got out of their minibuses in front of the Federal Palace West after returning to Bern, the media release for their meeting arrived: the Federal Council announced that they wanted to “intensify the explorations with the EU”. However, he leaves it open whether he actually wants to start new negotiations to overcome the crippling blockade. As a result, the Federal Council, even a year after breaking off negotiations on the framework agreement, cannot come up with a new solution.
One of the most interesting things about the communication is the little word “also”: At one point, the Federal Council writes that in order to secure the bilateral path, the EU “also” needs more flexibility. The fact that Bern thinks that Brussels should be more accommodating to Switzerland is in the nature of things. The reverse conclusion is more interesting: If you want to overcome the crisis, not only the EU has to become more flexible, but also Switzerland.
The issues are still there
The implicit reference to the home audience has it all. It can be read as a subtle reminder: it will not be possible to find an agreement without pain. Some unrealistic ideas have been circulating in Germany since the Federal Council rejected the framework agreement.
But Switzerland will have to swallow a few toads if it wants to continue relations with the EU in the current framework – in particular if it wants to stabilize and further develop close cooperation in trade, research and culture. The disputed issues are well known: the EU insists on a dynamic adoption of the law and on dispute settlement involving the European Court of Justice. There are open questions on sensitive issues such as wage protection and EU citizens’ access to social assistance. All of this will come up again in a restart.
In principle, the Bundesrat is willing to engage in these discussions. There is broad agreement in the committee that the bilateral path is still the best solution for Switzerland. The idea of striving for a modernized free trade agreement instead enjoys little sympathy. According to reports, the State Secretariat for Economic Affairs has examined this option again in recent weeks – with the same conclusion: the advantages of the bilateral agreements outweigh the disadvantages.
“Far apart”
Nevertheless, the Federal Council leaves open whether and when it is ready to resume concrete negotiations. The message from Friday only says that a decision will be made on a new mandate “if there is a sufficient basis for starting negotiations”.
This is obviously not the case at the moment. So far, the negotiators have met for two rounds of talks. The Federal Council did not even try to sugarcoat the differences on Friday. Foreign Minister Ignazio Cassis informed his colleagues about the status of the exploratory talks. According to the announcement, the Swiss proposals are “generally of interest” to the EU. However, the positions are still “far apart”.
The tense mood cannot be overlooked. Slightly offended, the Federal Council notes that the EU is insisting “unchanged and publicly” on its positions. This makes it difficult to create an intersection between the interests of the two sides. State Secretary Livia Leu had already expressed her dismay at how blatantly Brussels was already trying to play a power play again. A letter in which the EU Commission rigorously renewed earlier positions and in some cases even tightened them up caused federal Bernese to frown. The letter found its way to the public just as quickly as the Swiss reply letter.
Further irritations were not long in coming. The responsible Vice President of the EU Commission, Maros Sefcovic, announced via Swiss SP politicians that he was ready to travel to Bern in June. Later in Brussels there was also talk of a meeting with Cassis. In Bern, some were irritated by the undiplomatic approach. In addition, there have not yet been any new decisions by the Federal Council that could be discussed. Cassis finally let it be known that the proposed date did not suit him.
In short: bilateral distrust still seems to be high. After the last few weeks, people in Bern are wondering whether the EU is really interested in an early agreement – or whether they are counting on Switzerland sooner or later giving in under pressure.
Domestically it was better
Further talks are to follow soon. The department of Cassis is in the process of arranging appointments with Brussels for a meeting of the negotiators. However, it is uncertain how quickly things will actually continue – not least in view of the approaching Swiss election year of 2023, in which compromises will probably be even more difficult than usual.
In addition, the Federal Council is aiming for a large package of negotiations that will take time. He not only wants to negotiate rules for legal adoption and dispute settlement, but also conclude new agreements (on electricity, health and food safety). In sensitive areas such as wage protection and EU civil rights, he insists on binding exceptions, also in the new agreements. Switzerland also demands access to EU programs, especially in research. In return, it is willing to talk about consolidating and probably also increasing its contribution to cohesion.
While talks with the EU are sluggish, domestic talks are progressing better. Former State Secretary Mario Gattiker has met several times with representatives from the cantons, trade unions and business. The main topic was questions about the free movement of people, from wages to social assistance to deportations.
On Friday, the Federal Council discussed a report in which Gattiker shows “room for maneuver and possible solutions” in domestic politics. The goal is to find compromises that have a chance at the ballot box even if both the SVP and the unions are against it. Ideally, Gattiker’s insights will also facilitate soundings with the EU – if both sides show a little more flexibility.