Proposal for a COUNCIL DECISION concerning the Community position on the establishment and terms of reference of the working groups of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

(presented by the Commission)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to 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], and in particular the first subparagraph of Article 5(2) thereof,

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

Having regard to the proposal from the Commission, [2]

[2] OJ C ..., ..., p. ...

Whereas:

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

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

(3) Article 6(7) of the Agricultural Agreement lays down that the Joint Committee is to set up the working groups needed to administer the Annexes to the Agreement.

(4) The Community must decide on the position to be adopted within the Joint Committee regarding the setting-up of the Working Groups and the adoption of their terms of reference,

HAS DECIDED:

Sole Article

The position to be adopted by the Community within the Joint Committee set up by Article 6 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, regarding the setting-up of Working Groups and the adoption of the terms of reference of those Groups, shall be based on the draft Decision of the Joint Committee, which is annexed to this Decision.

Done at Brussels,

For the Council

The President

ANNEX

Proposal for decision n° 2/2003 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products concerning the setting-up of the Working Groups and the adoption of the terms of reference of those Groups

THE COMMITTEE,

Having regard to the Agreement between the European Community, of the one part, and the Swiss Confederation, of the other part, on trade in agricultural products (hereinafter referred to as "the Agreement"), and in particular Article 6(7) thereof,

Whereas that Agreement entered into force on 1 June 2002,

HAS DECIDED:

Sole Article

The following Working Groups shall be set up under the Agreement:

- Working Group on Plant Health,

- Working Group on Animal Feed,

- Working Group on Seeds,

- Working Group on Wine-Sector Products,

- Working Group on Spirit Drinks,

- Working Group on Organic Products,

- Working Group on Fruit and Vegetables,

- Working Group on PDOs and PGIs,

- Working Group on Cheeses and Yogurt,

- Working Group on Enlargement.

The respective terms of reference of these Working Groups are contained in the Annex to this Decision.

Done at Brussels,

For the Joint Committee on Agriculture

ANNEX

Working Group on Plant Health

Basis in the Agreement (Annex 4)

Article 10 of Annex 4 on plant health.

Terms of reference of the Working Group according to Articles 3, 5, 8 and 10

* assess the consequences for Annex 4 to the Agreement of changes in legislation on plant-health measures with a view to proposing any amendments to the relevant Appendices (Article 3);

* propose, on the basis of best practice in the field, the percentage of checks to be conducted at borders on consignments of plants subject to plant-health sampling checks, and propose a reduction in this percentage (Article 5);

* propose the procedure for joint checks at borders (Article 8);

* consider all matters which may arise in connection with Annex 4 and its implementation; periodically consider the state of the laws and regulations of the two Parties and put forward proposals with a view to adapting and updating the Appendices to Annex 4 (Article 10).

Working Group on Animal Feed

Basis in the Agreement (Annex 5)

Article 11 of Annex 5 on animal feed.

Terms of reference of the Working Group according to Article 11

* consider all matters which may arise in connection with Annex 5 and its implementation;

* periodically consider the state of the domestic laws of the two Parties;

* put forward proposals with a view to updating the Appendices to Annex 5.

Working Group on Seeds

Basis in the Agreement (Annex 6)

Article 9 of Annex 6 on seeds.

Terms of reference of the Working Group according to Articles 5, 8 and 9

* technical consultations with a view to assessing the data on which acceptance of a given variety is based; cooperation concerning the registration of varieties in the catalogue (Article 5);

* comparative trials in the Parties (Article 8);

* consider all matters which may arise in connection with Annex 6 and its implementation; periodically consider the state of the laws and regulations of the two Parties and put forward proposals with a view to adapting and updating the Appendices to Annex 6 (Article 9).

Working Group on Wine-Sector Products

Basis in the Agreement (Annex 7)

Article 27 of Annex 7 on wine-sector products.

Terms of reference of the Working Group according to Article 27

* The Working Group shall periodically consider the state of the domestic laws and regulations of the Parties in the fields covered by Annex 7.

* It may in particular put forward proposals to the Joint Committee with a view to adapting and updating the Appendices to Annex 7 and, if necessary, proposals aimed at adapting the Annex itself.

Working Group on Spirit Drinks

Basis in the Agreement (Annex 8)

Article 17 of Annex 8 on the mutual recognition and protection of names of spirit drinks and aromatised wine-based drinks.

Terms of reference of the Working Group according to Article 17

* The Working Group shall consider all issues which may arise in connection with the implementation of Annex 8.

* In particular, it may make recommendations to the Joint Committee to contribute to the attainment of the objectives of Annex 8 and, if necessary, make proposals aimed at adapting the Annex itself.

Working Group on Organic Products

Basis in the Agreement (Annex 9)

Article 8 of Annex 9 on organically produced agricultural products and foodstuffs.

Terms of reference of the Working Group according to Article 8

1. The Working Group on Organic Products, hereinafter called the "Working Group", set up pursuant to Article 6(7) of the Agreement, shall consider all matters which may arise in connection with this Annex and its implementation.

2. The Working Group shall periodically consider the state of the respective laws and regulations of the Parties in the fields covered by this Annex. It shall be responsible in particular for:

* verifying that the Parties' laws and regulations are equivalent with a view to their inclusion in Appendix 1;

* recommending to the Committee, where necessary, that the requisite implementing rules be included in Appendix 2 with a view to ensuring consistent implementation of the laws and regulations covered by this Annex in the respective territory of the Parties;

* recommending to the Committee that the scope of this Annex be extended to products other than those covered by Article 2(1).

Working Group on Fruit and Vegetables

Basis in the Agreement (Annex 10)

Article 6 of Annex 10 on recognition of conformity checks for fruit and vegetables subject to marketing standards.

Terms of reference of the Working Group according to Article 6

1. The Working Party on Fruit and Vegetables set up under Article 6(7) of the Agreement shall consider any matter arising in connection with this Annex and its implementation. It shall periodically review the Parties' internal laws and regulations in the fields covered by this Annex.

2. It shall in particular put forward proposals to the Committee with a view to adapting and updating the Appendix to this Annex.

3. It may appoint external experts if required in order to comply with its terms of reference.

Working Group on Cheeses and Yogurt

Basis in the Agreement (Annexes 2 and 3)

Annex 2 (concessions granted by the Community) where yogurt is concerned and Annex 3 (concessions regarding cheese), points 3 to 5.

Terms of reference of the Working Group

* evaluate market conditions, and bilateral trade in cheese and milk products;

* consider periodically and reciprocally the state of laws and regulations, and exchange information regularly;

* examine the system for allocating quotas for cheese and yogurt;

* put forward proposals with a view to facilitating trade arrangements and, if necessary, make suggestions to the Joint Committee.

Working Group on PDOs and PGIs

Basis in the Agreement

Joint Declaration on the protection of geographical indications and designations of origin of agricultural products and foodstuffs (Appendix D to the Agreement).

Terms of reference of the Working Group

According to the above Declaration, the Parties shall provide for the incorporation of provisions on the mutual protection of PDOs and PGIs. It is specified that such incorporation should take place after Article 17 (simplified procedure) of Regulation (EEC) No 2081/92 has been fully applied as regards the Community as constituted at present. In the meantime, the Joint Committee shall be kept regularly informed of the progress of the work in this area.

Consequently, it is proposed that a Working Group be set up on an exploratory basis for the purposes of the mutual protection of PDOs and PGIs. This Working Group for PDOs and PGIs shall consider all matters which may arise in connection with the mutual protection of PDOs and PGIs and shall exchange the information required in order to implement this protection.

Working Group on Enlargement

Basis in the Agreement

Articles 11 and 16 of the Agreement.

Terms of reference of the Working Group

The Group shall be set up temporarily in order to consider the implications of the enlargement of the European Union, with a view to establishing whether any adaptations need be made to the Agreement on account of enlargement, and shall draw up recommendations for the Joint Committee. That shall concern in particular the impact on bilateral trade in agricultural products, the Annexes on tariff concessions (Annexes 1 to 3), and the Annexes on reducing the technical barriers to trade (Annexes 3 to 10 [3]), and involve drawing up any other relevant measure required in order to take account of enlargement in the context of bilateral trade in agriculture.

[3] Annex 11 on animal-health and zootechnical measures applicable to trade in live animals and animal products.