Proposal for a COUNCIL DECISION concerning the Community position on the adaptations, following the enlargement of the European Union, of Annexes 1 and 2 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

(presented by the Commission)

EXPLANATORY MEMORANDUM

In order to take into account the preferential agricultural trade flows between Switzerland and the new Member States, which pre-existed the enlargement of the European Union, Annexes 1 and 2 of the "Agreement between the European Community and the Swiss Confederation on trade in agricultural products" need to be modified according to the conclusions of the EU-Switzerland Summit of 19 May 2004.

The Council is invited to decide on the common position to be adopted within the Joint Committee for Agriculture regarding the adaptations of the bilateral trade concessions in Annexes 1 and 2 of the above mentioned Agreement.

The decision of the Joint Committee for Agriculture shall be published in the Official Journal of the European Union.

2004/0193 (ACC)

Proposal for a COUNCIL DECISION concerning the Community position on the adaptations, following the enlargement of the European Union, of Annexes 1 and 2 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The first subparagraph of Article 5(2) of Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation [1] provides that the Community position within the Joint Committee for Agriculture is to be adopted by the Council on a proposal from the Commission.

[1] OJ L 114, 30.4.2002, p. 1.

(2) The Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter called the "Agreement") entered into force on 1 June 2002.

(3) Article 6 of the Agreement sets up a Joint Committee for Agriculture to be responsible for the administration of the Agreement and to ensure its proper functioning.

(4) Article 11 of the Agreement provides that the Joint Committee for Agriculture may decide to amend Annexes 1 and 2 to the Agreement.

(5) Following the enlargement of the European Union and the conclusions of the EU-Switzerland Summit on May 19, the Council should decide on the position to be adopted within the Joint Committee regarding the adaptations of the bilateral trade concessions in Annexes 1 and 2 to the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The position to be adopted by the Community within the Joint Committee for Agriculture set up by Article 6 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, regarding the adaptations of bilateral trade concessions in Annexes 1 and 2 to the Agreement, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, shall be based on the draft Decision of the Joint Committee attached to this Decision.

Article 2

The President of the Council shall designate the person empowered to sign on behalf of the European Community.

Done at Brussels,

For the Council,

The President

ANNEX

DECISION OF THE JOINT COMMITTEE FOR AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS

concerning the adaptation, following the enlargement of the European Union,

of Annexes 1 and 2

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Community (hereinafter referred to as EC), on one part, and the Swiss Confederation, on the other part, on trade in agricultural products (hereinafter referred to as "the Agreement"), and in particular Article 11 thereof,

Whereas:

(1) The Agreement entered into force on 1 June 2002 and contains amongst others Annexes 1 and 2 that concern bilateral trade concessions granted by the Parties.

(2) On 1 May 2004 the European Union was enlarged by the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

(3) The Parties agreed, at the EU-Switzerland Summit on 19 May 2004, to adapt the bilateral trade concessions on the principle that the trade flows in accordance with the preferences granted under the bilateral arrangements between the new Member States to the European Union and Switzerland should be mutually maintained in substance with effect from the date of EU enlargement.

(4) The Parties adopted, on an autonomous and transitory basis, measures to ensure continuity of trade flows as from 1 May 2004.

HAS DECIDED AS FOLLOWS:

Article 1

Annex 1 and Annex 2 to the Agreement are replaced respectively by Annexes 1 and 2 to this Decision.

Article 2

The Swiss Confederation confirms that Swiss exports of bovine animals to the European Community will comply with the identification and registration system as foreseen by Regulation (EC) No 1760/2000.

Article 3

This Decision shall enter into force on .............

For the Joint Committee on Agriculture

The Heads of Delegations

Signed at Brussels,

Head of the European Community delegation

Head of the Swiss delegation

Secretary of the Joint Committee on Agriculture

ANNEX 1

CONCESSIONS GRANTED BY SWITZERLAND

The tariff concessions set out below are granted by Switzerland for the following products originating in the Community and are, where applicable, subject to an annual quantity.

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(1) Including 480 t of Parma and San Daniele ham under the terms of the exchange of letters of 25 January 1972 between the Community and Switzerland.

(2) Including 170 t of Bresaola under the terms of the exchange of letters of 25 January 1972 between the Community and Switzerland.

(3) Subject to an overall annual quota of 60 000 plants.

(4) Including the contribution to the guarantee fund for compulsory storage.

(5) Covers only products specified in Annex 7 to the Agreement.

(6) Description: "Port" means a quality wine produced in a specified region (Oporto in Portugal) in accordance with Regulation (EC) No 1493/1999.

(7) Description: "Retsina" means a table wine within the meaning of the Community provisions referred to in point A.2 of Annex II to Regulation (EC) No 1493/1999.

ANNEX 2

CONCESSIONS GRANTED BY THE COMMUNITY

The tariff concessions set out below are granted by the Community for the following products originating in Switzerland and are, where applicable, subject to an annual quantity.

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(1) For the products of this subheading, "special milk for infants" means products that are free of pathogenic and toxicogenic germs and which contain less than 10 000 revivifiable aerobic bacteria and less than two coliform bacteria per gram.

(2) Where relevant, a specific duty and not the minimum duty should apply.

(3) Including 1 000 t under the terms of the Exchange of Letters of 14 July 1986.

(4) See Joint Declaration on the tariff classification of powdered vegetables and powdered fruit.

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