Proposal for a COUNCIL DECISION concerning the signature of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Joint Declaration on further negotiations attached to the final acts of the Agreements between the European Community and its Member States and the Swiss Confederation, signed in Luxembourg on 21 June 1999 calls on the Community and Switzerland to undertake negotiations for the updating of Protocol No 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972.

The Council authorised the Commission to start negotiations. The negotiation directives attached to the Decision of the Council set out the following objectives:

(a) Update the Protocol No 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, in accordance with the results of the Uruguay Round and to adapt its product coverage;

(b) Resolve outstanding problems affecting trade, all of them taking account of the existing trade arrangements for basic agricultural products

(c) Make permanent the transitional measures agreed with the Swiss authorities in connection with the implementation of the agreement reach in view to maintain the trade flow between the Swiss Confederation and the new member States after enlargement of the European Union as of 1st May 2004;

(d) Improve reciprocal market access for processed agricultural products

The Commission started the negotiations with Switzerland at the end of 2001 and concluded them on 25 June 2004 by the initialling of a draft for an Agreement amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 (the Agreement) as regards the provisions applicable to processed agricultural products.

The Agreement will replace both the Annex I of the Agreement of 1972 by a new Annex I which is attached to this Agreement as Annex 1 and the Protocol No 2 of the Agreement of 1972 by a new Protocol No 2, which is attached to this Agreement as Annex 2.

According to the general orientation to follow a more market-oriented approach, reference prices are to be adapted periodically according to Article 5, paragraph 4 of the Protocol No 2.

The Council is being asked by the enclosed proposal for Council Decision that the President of the Council shall designate the person empowered to sign on behalf of the European Community the Agreement COM (...) amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products.

2004/0208 (ACC)

Proposal for a COUNCIL DECISION concerning the signature of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products

THE COUNCIL OF THE EUROPEAN UNION

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

Having regard to the proposal from the Commission [1],

[1] OJ C [...], [...], p. [...].

Whereas:

(1) The Council authorised the Commission to negotiate with the Swiss Confederation the improvement of reciprocal market access for processed agricultural products.

(2) The result of the negotiations reflects duly the negotiating directives issued by the Council taking into account, in particular, the adaptation of the Protocol No 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972.

(3) Subject to its conclusion at a later date, it is desirable to sign the Agreement that was initialled on 25 June 2004.

HAS DECIDED AS FOLLOWS:

Sole Article

Subject to its conclusion at a later date, the President of the Council is hereby authorized to designate the person empowered to sign on behalf of the European Community the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products.

Done at Brussels, [...]

For the Council

The President