Draft RECOMMENDATION NO 1/2000 OF THE JOINT COMMITTEE OF THE EUROPEAN COMMUNITY AND SWITZERLAND in respect of the simplification of certain veterinary checks on third country products of animal origin transiting the European Community to Switzerland - Draft common position of the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

1 The agreement between the European Economic Community and Switzerland on the simplification of inspections and formalities in respect of the carriage of goods entered into force on July 1st 1991 [1].

[1] JO L 116, 8.5.1990, p. 18.

2 In accordance with Article 34 of Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries [2], Member States must apply from 1st July 1999 the regulations and administrative provisions necessary to comply with the Directive.

[2] JO L 24, 30.1.1998, p. 9.

3 Council Directive 97/78/EC formulates new rules for veterinary controls in the case of transit of consignments from one third country to another third country across the EC, in order to safeguard animal and public health.

4 The new rules are laid down in Article 11 of Directive 97/78/EC in particular in paragraph 2 c, d and e, which require that transiting goods are sent under customs control from the border post of entry across the EC to a specified border post of exit where their departure from the Community must be certified by the Official Veterinarian. He must countersign the Annex B certificate accompanying the consignment and return it to the official veterinarian at the border post of entry, to confirm the exit from the Community of the consignment.

5 Concerns have been expressed by the Swiss competent authorities that the requirement for an exit check for products transiting the EC has the potential to cause serious delays for consignments that arrive at border inspection posts situated on the borders between Switzerland and its European Community neighbours-France Germany, Austria and Italy.

6 In this context it is envisaged that an enhanced system of co-operation between the veterinary services of Switzerland and the EC be introduced. This co-operation is to be organised for certain border inspection posts where the flow of road traffic risks being paralysed without such an agreement.

7 As a result, recommendation No 1/99 has already been put forward as the common position of the Community for consideration on this matter, but only lists border posts in two Member States, France and Germany.

8. The present recommendation therefore adds the names of two Italian border inspection posts to the annex to recommendation No 1/99.

9. Therefore the Commission requests Council to adopt as the Community position the text of the present recommendation.

Draft RECOMMENDATION NO 1/2000 OF THE JOINT COMMITTEE OF THE EUROPEAN COMMUNITY AND SWITZERLAND in respect of the simplification of certain veterinary checks on third country products of animal origin transiting the European Community to Switzerland

The Joint Committee,

Having regard to the Agreement between the European Economic Community and the Confederation of Switzerland on the simplification of inspections and formalities in respect of the carriage of goods, and in particular articles 5, 11 paragraph 1, and 17 paragraph 1,

Whereas:

(1) It has been necessary to foresee a simplification of certain veterinary controls for products of animal origin in transit from a third country to Switzerland across the European Community.

(2) In recommendation No 1/99 of the joint committee an enhanced system of co-operation between the veterinary services of Switzerland and the EC has been introduced and this co-operation will be organised for certain border inspection posts where flow of road traffic risks being paralysed without such an agreement.

(3) The recommendation No 1/99 put the new system in place for the border inspection posts in Germany and France only and this system should be extended to include the posts in Italy, that is to say Chiasso/Ponte Chiasso and Gran San Bernado/Pollein.

RECOMMENDS to the Contracting Parties to the Agreement:

that the annex to the recommendation No 1/99 be amended by the addition of the following border inspection posts:

"Italy: Ponte Chiasso / Chiasso

Italy: Gran San Bernardo / Pollein"

Done at Brussels,

For the Council

The President