Valve Clause

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The valve clause refers to the regulation of the immigration and return of persons from the countries of the European Union to Switzerland, which was agreed as part of the 1999 Agreement on the free movement of persons. This is the possibility of a quota of immigration to Switzerland. Such a restriction is possible under the agreement if immigration in one year exceeds 10 percent of the average of the previous three years.

Transitional periods
The agreement entered into force for the nationals of the “old” EU member states (EU-15) as of 1 January. In force from June 2002. Following EU enlargement in 2004, the agreement was extended to the ten new EU states on 1 April 2006. Since Cyprus and Malta had the same transitional arrangements as the 15 “old” EU member states from the outset, this group is run as EU-17 states, and the other new members as EU-8. After Bulgaria and Romania (EU-2) joined the EU on 1 January 2007, three different transitional arrangements were distinguished.
Finally, Croatia became the 1st July 2013 EU member and as of 1 July 2013. In January 2017, the Agreement on the free movement of persons and transitional arrangements was extended to this country.

Discussion 2009
As of May 2009, Switzerland had to decide whether it wanted to continue the free movement agreement. At the same time, the extension to the EU-2 states was to be decided. In an optional referendum following the Bundesrat decision of 13 June 2008, the Swiss voters voted on 8 June 2008. February 2009 with about 59.62 percent for the continuation and expansion.

Subsequently, in 2009, the application of the valve clause on the political issue was approved by Minister of Economic Affairs Doris Leuthard, but was not adopted by the Federal Council at that time. The term “valve clause” was defined at the end of the year as the Swiss “non-word of the year 2009”. In the explanatory statement, it was pointed out that in the economic crisis at that time, the “sober-technological” rewriting of immigration and return migration had become more topical.

Quota from 2012

A quota was introduced by the Swiss Federal Council on 18 April 2012 for nationals from the eight new Eastern European EU member states (EU-8). The EU Commission then spoke of an unjustified and discriminatory decision. The contingent was approved by the Swiss Federal Council on 24 November. Extended for the EU-8 states until 30 April 2014 and extended to the other EU member states (EU-17).
The valve clause for the EU-17 could be up to 31. May 2014, for the EU-8 full freedom of movement applies since the end of April 2014.
For citizens of Bulgaria and Romania, immigration was subject to quotas until June 2019.

Initially, there were still transitional provisions for Croatian nationals; They were in force until 31. December 2021 Labour market restrictions and maximum figures.

Individual evidence