2002/309/EC,Euratom: Decision 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
Date: 2002-04-04
Institutions: Council of the European Union, European Commission
Subjects: Switzerland, agreement (EU), agricultural product, free movement of persons, mode of transport, public contract, quality label, scientific cooperation

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

COUNCIL AND COMMISSION

DECISION 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

(2002/309/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

— Agreement between the European Community and
the Swiss Confederation on the Carriage of Goods
and Passengers by Rail and Road,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 310 in conjunction with the
second sentence of the first subparagraph of Article 300(2) and
the second subparagraph of Article 300(3), and Article 300(4)
thereof,

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular the second subparagraph
of Article 101 thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

Having regard to the approval of the Council,

Whereas:

(1)

In order to pursue the privileged links between the
European Union and the Swiss Confederation and their
common desire to widen and strengthen their relations,
the following agreements were signed on 21 June 1999
and should be approved:

— Agreement on the Free Movement of Persons
between the European Community and its Member
States, of the one part, and the Swiss Confederation,
of the other part,

— Agreement between the European Community and

the Swiss Confederation on Air Transport,

(1) OJ C 41, 7.2.2001, p. 25.

— Agreement between the European Community and
the Swiss Confederation on Trade in Agricultural
Products,

— Agreement between the European Community and
the Swiss Confederation on Mutual Recognition in
Relation to Conformity Assessment,

— Agreement between the European Community and
the Swiss Confederation on Certain Aspects of
Government Procurement,

— Agreement on Scientific and Technological Coop-
eration between the European Communities and
the Swiss Confederation.

The seven agreements are intimately linked to one
another by the requirement that they are to come into
force at the same time and that they are to cease to
apply at the same time, six months after the receipt of a
non-renewal or denunciation notice concerning any one
of them.

As regards the Agreement on the Free Movement of
Persons, the undertakings contained in the Agreement
that fall within the scope of Part Three, Title IV of the
Treaty establishing the European Community are not
binding on the Kingdom of Denmark, Ireland and the
United Kingdom of Great Britain and Northern Ireland
as obligations under Community law but as obligations
arising from an undertaking between those Member
States and the Swiss Confederation.

(2)

(3)

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(4)

(5)

As regards the Agreement on Trade in Agricultural
Products, where appropriate, measures necessary for the
implementation of the first indent of Article 5(3) of
this Decision may be adopted in accordance with the
procedure laid down in Article 5(4). These measures
should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the pro-
cedures for the exercise of implementing powers con-
ferred on the Commission (1).

Certain tasks for implementation have been attributed to
the Joint Committees established under the Agreements,
including the power to amend certain aspects of the
Annexes thereto. The appropriate internal procedures
should be established to ensure the proper functioning
of the Agreements and, in certain cases, to empower the
Commission to agree to certain technical amendments
to the Agreements or to take certain decisions for their
implementation,

HAVE DECIDED AS FOLLOWS:

Article 1

The following six agreements are hereby approved on

1.
behalf of the European Community:

— Agreement on the Free Movement of Persons between
the European Community and its Member States, of the
one part, and the Swiss Confederation, of the other part,

— Agreement between the European Community and the

Swiss Confederation on Air Transport,

— Agreement between the European Community and the
Swiss Confederation on the Carriage of Goods and
Passengers by Rail and Road,

— Agreement between the European Community and the

Swiss Confederation on Trade in Agricultural Products,

— Agreement between the European Community and the
Swiss Confederation on Mutual Recognition in Relation
to Conformity Assessment,

— Agreement between the European Community and the
Swiss Confederation on Certain Aspects of Government
Procurement.

The following agreement is hereby approved on behalf of the
European Community and the European Atomic Energy
Community:

— Agreement on Scientific and Technological Cooperation
between the European Communities and the Swiss Con-
federation.

The texts of the Agreements are attached to this Decision.

2.
According to their terms, the seven agreements shall
come into force at the same time and shall cease to apply at
the same time, six months after the receipt of a non-renewal
or denunciation notice concerning any one of them.

Article 2

As regards the Agreement on the Free Movement of Persons,
the Community shall be represented on the Joint Committee
set up under Article 14 of the Agreement by a representative
of the Commission. The position to be taken by the Com-
munity in the course of the implementation of the Agreement
as regards decisions or recommendations of the Joint Com-
mittee shall be laid down by the Council on a proposal
from the Commission, in accordance with the corresponding
provisions of the Treaty establishing the European Community.

Article 3

1.
As regards the Agreement on Air Transport, the Com-
munity shall be represented in the Joint Committee set up
under Article 21 of the Agreement by the Commission assisted
by representatives of the Member States.

The position to be taken by the Community as regards
2.
decisions of the Joint Committee which simply extend acts of
Community legislation to Switzerland, subject to any technical
adjustment needed, shall be adopted by the Commission.

3.
For other Joint Committee decisions, the Community’s
position shall be adopted by the Council, acting by a qualified
majority, on a proposal from the Commission.

Article 4

1.
As regards the Agreement on the Carriage of Goods
and Passengers by Rail and Road, the Community shall be
represented in the Joint Committee set up under Article 51 of
the Agreement by the Commission assisted by representatives
of the Member States. The position to be taken by the
Community as regards decisions of the Joint Committee shall
be adopted:

— by the Council, acting by qualified majority on a proposal
for the matters contained in

from the Commission,
Articles 42, 45, 46, 47 and 54 of the Agreement,

— for all other matters, by the Commission in consultation
with the Committee established under the first subpara-
graph of Article 4 of Decision 92/578/EEC (2).

(1) OJ L 184, 17.7.1999, p. 23.

(2) OJ L 373, 21.12.1992, p. 26.

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Article 5

1.
As regards the Agreement on Trade in Agricultural
Products, the Commission, assisted by Member States’ rep-
the Community in the Joint
resentatives, shall represent
Committee for Agriculture referred to in Article 6(1) of the
Agreement and in the Joint Veterinary Committee referred to
in Article 19(1) of Annex 11 to the Agreement.

2.
The Community position within the Joint Committee for
Agriculture and the Joint Veterinary Committee shall be
adopted by the Council on a proposal from the Commission,
in accordance with the corresponding provisions of the Treaty
establishing the European Community.

However, the Community position on matters subject to
decisions of the Joint Committee for Agriculture as referred to
in Article 6(3) of the Agreement shall be adopted by the
Commission:

— in respect of matters relating to Annex 4 to the Agree-
ment and the Appendices thereto in accordance with
the procedure laid down in Article 18 of Directive
2000/29/EC (1),

— in respect of matters relating to Annex 5 to the Agree-
ment and the Appendices thereto in accordance with
the procedure laid down in Article 23 of Directive
70/524/EEC (2),

— in respect of matters relating to Annex 6 to the Agree-
ment and the Appendices thereto in accordance with
the procedure laid down in Article 21 of Directive
66/400/EEC (3) or the corresponding provisions of the
other Directives in the seeds sector,

— in respect of matters relating to Annex 7 to the Agree-
ment and the Appendices thereto in accordance with the
procedure laid down in Article 75 of Regulation (EC)
No 1493/1999 (4),

— in respect of matters relating to Annex 8 to the Agree-
ment and the Appendices thereto in accordance with the
procedure laid down in Article 14 or Article 15 of
Regulation (EEC) No 1576/89 (5) or in Article 13 or
Article 14 of Regulation (EEC) No 1601/91 (6),

— in respect of matters relating to Annex 9 to the Agree-
ment and the Appendices thereto in accordance with the
procedure laid down in Article 14 of Regulation (EEC)
No 2092/91 (7),

— in respect of matters relating to Annex 10 to the Agree-
ment and the Appendices thereto in accordance with the
procedure laid down in Article 46 of Regulation (EC)
No 2200/96 (8).

3. Without prejudice to paragraph 6, the Commission shall
adopt the measures necessary for the implementation of the
Agreement as regards:

— the implementation of the tariff concessions set out in
Annex 2 and Annex 3 to the Agreement as well as
amendments and technical adaptations made necessary
by amendments to the Combined Nomenclature and
TARIC codes,
in accordance with the procedure laid
down in Article 23 of Regulation (EEC) No 1766/92 (9)
or the corresponding provisions of the other Regulations
on the common organisation of the markets, or in
accordance with the procedure laid down in paragraph 2,

— the implementation of Annex 4,

in accordance with
the procedure laid down in Article 18 of Directive
2000/29/EC,

— the implementation of Annex 5,

in accordance with
the procedure laid down in Article 23 of Directive
70/524/EEC,

— the implementation of Annex 6,

in accordance with
the procedure laid down in Article 21 of Directive
66/400/EEC or the corresponding provisions of other
Directives in the seeds sector,

— the implementation of Title III of Annex 7, in accordance
with the procedure laid down in Article 75 of Regulation
(EC) No 1493/1999,

(5) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by Council

Regulation (EC) No 3378/94 (OJ L 366, 31.12.1994, p. 1).

(6) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by Council

(1) OJ L 169, 10.7.2000, p. 1. Directive as amended by Commission

Regulation (EC) No 2061/96 (OJ L 277, 30.10.1996, p. 1).

Directive 2001/33/EC (OJ L 127, 9.5.2001, p. 42).

(2) OJ L 270, 14.12.1970, p. 1. Directive as last amended by Com-
mission Regulation (EC) No 2205/2001 (OJ L 297, 15.11.2001,
p. 3).

(3) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by

Council Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27).

(4) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Council
Regulation (EC) No 2585/2001 (OJ L 345, 29.11.2001, p. 10).

(7) OJ L 198, 22.7.1991, p. 1. Regulation as last amended by
L 337,

Commission Regulation (EC) No 2491/2001 (OJ
20.12.2001, p. 9).

(8) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 911/2001 (OJ L 129, 11.5.2001,
p. 3).

(9) OJ L 181, 1. 7.1992, p. 21. Regulation as last amended by Council
Regulation (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1).

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— the implementation of Article 14 of Annex 8, in accord-
ance with the procedure laid down in Article 14 of
Regulation (EEC) No 1576/89 or in Article 13 of Regu-
lation (EEC) No 1601/91,

— the implementation of Annex 9, in accordance with the
procedure laid down in Article 14 of Regulation (EEC)
2092/91,

— the implementation of Annex 10, in accordance with the
procedure laid down in Article 46 of Regulation (EC)
No 2200/96,

— the implementation of Annex 11,

in accordance with

Article 30 of Directive 72/462/EEC (1).

4. Where appropriate, the necessary measures referred to
in the first indent of paragraph 3 may be adopted in accordance
with the procedures set out hereafter.

The Commission shall be assisted by the Customs Code
Committee set up by Article 248a of Regulation (EEC)
No 2913/92 (2).

Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

5.
The Customs Code Committee may examine any ques-
tion concerning the application of tariff quotas which is raised
by its chairman either at the latter’s initiative or at the request
of a Member State.

The Commission shall, at the request of a Member State
6.
or on its own initiative, decide upon the necessary measures
in accordance with Article 10 of the Agreement, Article 29 of
Annex 7, Article 16 of Annex 8, Article 9 of Annex 9 and
Article 5 of Annex 10 thereto. The Council and the Member
States shall be notified of such decisions. If the Commission
receives a request from a Member State, it shall take a decision
thereon within three working days following receipt of the
request. Any Member State may refer the Commission’s
decision to the Council within three working days of the day
on which they were notified. The Council shall meet without
delay. It may, acting by a qualified majority, take a different
decision within a period of 30 days of the day on which the
Commission’s decision was referred to it.

Article 6

1.
As regards the Agreement on Mutual Recognition in
Relation to Conformity Assessment, the Community shall be
represented on the Joint Committee set up under Article 10 of
the Agreement, referred to hereafter as the ‘Committee’, by the
Commission assisted by the special committee designated by
the Council. The Commission shall proceed, after consultation
with this special committee, to the appointments, notifications,
exchange of information and requests for verification referred
to in Articles 6(3), 7, 8(1), 10(4)(e) and 12 of the Agreement.

The position to be taken by the Community in the
2.
Committee shall be determined by the Commission, following
consultation of the special committee referred to in para-
graph 1, with regard to:

(a)

application of Article 1(3) to the chapters of Annex 1;

(b)

(c)

(d)

(e)

(f)

adoption of the rules of procedure, in accordance with
Article 10(2), and of the verification procedures provided
for in Article 10(4)(c) and (d) of the Agreement;

verification of the compliance of conformity assessment
bodies and related decisions, in accordance with Article 8
and Article 11(c) of the Agreement;

amendments of Sections I to V of all Chapters in Annex I,
in accordance with Article 10(4)(a),
(b) and (e), and
Article 11 of the Agreement;

amendments of
Article 10(5) of the Agreement, and

the annexes,

in accordance with

the dispute settlement mechanism provided for
Article 14 of the Agreement.

in

3.
In all other cases the position to be taken by the
Community in the Committee shall be determined by the
Council, acting by qualified majority on a proposal from the
Commission.

Article 7

(1) OJ L 302, 31.12.1972, p. 28. Directive as last amended by Council
Regulation (EC) No 1452/2001 (OJ L 198, 21.7.2001, p. 11).
(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by
Regulation (EC) No 2700/2000 of the European Parliament and
of the Council (OJ L 311, 12.12.2000, p. 17).

1.
As regards the Agreement on Certain Aspects of Govern-
ment Procurement, the Community shall be represented in the
Joint Committee set up under Article 11 of the Agreement by
the Commission assisted by representatives of the Member
States.

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2.
The Commission is authorised to approve, on behalf of
the Community, modifications to Annexes I, II, III, IV, VI and
VII to the Agreement. The Commission shall be assisted in this
task by a special committee appointed by the Council. The
authorisation referred to in the first sentence shall be limited,
as far as Annex I is concerned, to the modifications that will
be necessary if the procedures laid down in Article 8 of
Directive 93/38/EEC were to be applied, as far as Annexes II,
III and IV are concerned, to the modifications that will be
necessary if similar procedures were to be applied to the
sectors concerned by these annexes and, as far as Annexes VI
and VII are concerned, to the results of future negotiations to
be conducted in the framework of the 1996 Government
Procurement Agreement.

Commission, in accordance with the corresponding provisions
of the Treaty establishing the European Community.

Article 8

The acts or instruments of approval, provided for in each of
the agreements, shall be deposited by the President of the
Council on behalf of the European Community and also,
as regards the Agreement on Scientific and Technological
Cooperation, by the President of the Commission on behalf of
the European Atomic Energy Community.

Done at Brussels, 4 April 2002.

In all other cases, the position to be taken by the
3.
Community as regards decisions of the Joint Committee shall
from the
be laid down by the Council, on a proposal

For the Council

The President

A. ACEBES PANIAGUA

For the Commission

The President

R. PRODI