Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement - Draft common position of the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Liechtenstein has until 31.12.2001 enjoyed a transitional arrangement expressed in Annex I to the EEA Agreement as follows:

"SECTORAL ADAPTATIONS

Liechtenstein is exempted from the provisions of Chapter I, "Veterinary issues", until 31 December 2001.

The EEA Joint Committee shall review the situation during 2001 with a view to finding a lasting arrangement."

2. Liechtenstein applies presently the Swiss law, in cooperation with Swiss authorities, in the area covered by Chapter I of Annex I to the EEA Agreement. It has no independent means of implementing the kind of legislation concerned.

3. A sectoral agreement covering the same substance matter between the European Community and the Swiss Confederation entered into force on 1 June 2002.

4. Switzerland and Liechtenstein have expressed their agreement to include Liechtenstein in the Agreement referred to in point 3. Therefore Liechtenstein should be excluded from the scope of application of Annex I, Chapter I of the EEA Agreement. The attached draft EEA Joint Committee Decision aims at such exclusion.

5. Article 1(3)(a) of Council Regulation (EC) No 2894/94 concerning the arrangements for implementing the EEA Agreement envisages that the Council establish the Community position for decisions of this type.

6. The Council is requested to approve the attached draft decision for adoption by the EEA Joint Committee. The Commission would hope to be able to put forward the position of the Community in the EEA Joint Committee in November 2002.

Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as 'the Agreement', and in particular Article 98 thereof,

Whereas:

(1) Annex I to the Agreement was amended by Decision of the EEA Joint Committee No ... of ... [1].

[1] OJ L ...

(2) EEA Joint Committee Decision No 54/2001 of 18 May 2001 [2] provides for a prolongation of the transitional period for Liechtenstein with regard to Chapter I of Annex I to the Agreement until 31 December 2001 pending a lasting arrangement to be implemented by that date.

[2] OJ L 165, 21.6.2001, p. 58.

(3) The European Community, Liechtenstein and the Swiss Confederation agree on the application to Liechtenstein of Annex 11 (Veterinary matters) of the Agreement on trade in agricultural products between the European Communities and the Swiss Confederation on the basis of the Swiss-Liechtenstein Customs Treaty.

(4) Given that this solution provides for the application of Swiss veterinary legislation it is appropriate to exempt Liechtenstein from the provisions of this Chapter I,

HAS DECIDED AS FOLLOWS:

Article 1

The text of the first paragraph of the SECTORAL ADAPTATIONS to Annex I to the Agreement shall be replaced by the following:

'Chapter I, "Veterinary issues", shall not apply to Liechtenstein.'

Article 2

This Decision shall enter into force on [...], provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee [3].

[3] [No constitutional requirements indicated.] [Constitutional requirements indicated.]

It shall apply from 1 January 2002.

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, [...]

For the EEA Joint Committee

The President

The Secretaries to the EEA Joint Committee