Proposal for a Council Decision concerning the Community position on the adoption of the Rules of Procedure of the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
Date: 2003-04-08
Institutions: European Commission
Subjects: Switzerland, agricultural trade, joint body (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 8.4.2003
COM(2003) 171 final

Proposal for a

COUNCIL DECISION

concerning the Community position on the adoption of the Rules of Procedure of the
Joint Veterinary Committee set up by the Agreement between the European
Community and the Swiss Confederation on trade in agricultural products

(presented by the Commission)

EXPLANATORY MEMORANDUM

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. Article 19(1) of Annex 11 to the Agricultural Agreement establishes a
Joint  Veterinary  Committee  made  up  of  representatives  of  the  Parties.  It  is  responsible  for
considering any matter arising in connection with that Annex and its implementation, and for
the tasks specified therein.

Article 19(5) of Annex  11 to  the  Agricultural  Agreement  specifies  that  the  Joint  Veterinary
Committee  is  to  adopt  its  own  Rules  of  Procedure.  The  Community  must  decide  on  the
position  to  be  adopted  within  the  Joint  Veterinary  Committee  on  the  establishment  of  its
Rules  of  Procedure.  In  accordance  with  the  first  subparagraph  of  Article  5(2)  of  Decision
2002/309/EC,  Euratom,  the  Community  position  is  to  be  adopted  by  the  Council  on  a
proposal from the Commission.

Pursuant  to  Article  19(2)  of  Annex  11  to  the  Agricultural  Agreement,  the  Committee  is
empowered to adopt decisions in the cases provided for in that Annex.

* * *

The draft Rules of Procedure lay down that the office of chair is to be held jointly and cover,
inter alia, the secretarial tasks to be performed, the arrangements for convening meetings, the
composition  of  the  delegations,  the  drawing-up  and  adoption  of  agendas  and  minutes,  the
adoption  of  instruments,  including  by  written  procedure,  the  meeting  of  expenses,
confidentiality and the functioning of the working groups provided for in the Agreement.

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Proposal for a

COUNCIL DECISION

concerning the Community position on the adoption of the Rules of Procedure of the
Joint Veterinary Committee set up by 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,

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  Confederation1,  and  in  particular  the  first
subparagraph of Article 5(2) thereof,

Having regard to the proposal from the Commission2,

Whereas:

(1) 

(2) 

(3) 

(4) 

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.

Article  19(1)  of  Annex  11  to  the  Agricultural  Agreement  sets  up  a  Joint  Veterinary
Committee to be responsible for considering any matter arising in connection with that
Annex and its implementation, and for the tasks specified therein.

Article  19(5)  of  Annex  11  to  the  Agricultural  Agreement  lays  down  that  the  Joint
Veterinary Committee is to establish its own Rules of Procedure.

The Community must decide on the position to be adopted within the Joint Veterinary
Committee regarding the establishment of its Rules of Procedure,

HAS DECIDED AS FOLLOWS:

1

2

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

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Sole Article

The position to be adopted by the Community within the Joint Veterinary Committee set up
by  Article  19(1)  of  Annex  11  to  the  Agreement  between  the  European  Community  and  the
Swiss Confederation on trade in agricultural products 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

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ANNEX

DECISION No 1/2003 OF THE JOINT VETERINARY COMMITTEE SET UP BY
THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS
CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS

of

concerning the adoption of its Rules of Procedure

(.../.../...)

THE COMMITTEE,

Having  regard  to  the  Agreement  between  the  European  Community  and  the  Swiss
Confederation on trade in agricultural products (hereinafter  referred to as the "Agreement"),
and in particular Article 19(5) of Annex 11 thereto,

Whereas that Agreement entered into force on 1 June 2002,

HAS DECIDED TO ADOPT THE FOLLOWING RULES OF PROCEDURE:

Article 1

Chair

The office of chair of the Committee shall be held jointly by a representative of the European
Community  and  a  representative  of  the  Swiss  Confederation  (hereinafter  referred  to  as  "the
heads of delegation").

Article 2

Secretariat

1. 

2. 

A  representative  of  the  European  Community  and  a  representative  of  the  Swiss
Confederation shall jointly perform the secretarial tasks of the Committee. The heads
of delegation shall transmit the name and other particulars of the person carrying out
the secretarial duties for each Party.

The  heads  of  delegation  may  agree  that  the  secretarial  tasks  shall  be  performed
alternately by the two Parties for specific periods.

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Article 3

Meetings

1. 

2. 

The heads of delegation shall fix the date and venue of meetings by joint agreement.

If  a  head  of  delegation  requests  that  an  extraordinary  meeting  be  held,  such  a
meeting  shall  be  convened  within  thirty  days  of  the  request  being  received,  except
where a decision is taken to the contrary.

3. 

Unless otherwise decided, the meetings of the Committee shall not be public.

Article 4

Delegations

1. 

2. 

3. 

Before  each  meeting,  the  heads  of  delegation  shall  inform  one  another  of  the
intended composition of their delegation.

The Parties shall appoint the heads of delegation who, outside the meetings, shall be
the contact persons for all matters relating to the Agreement.

The Committee may invite persons who are not members of the delegations to attend
meetings in order to provide information on specific issues.

Article 5

Correspondence

All correspondence relating to Annex 11 to the Agreement shall be sent to the secretariat of
the Committee. The latter shall send a copy of all correspondence relating to Annex 11 to the
Agreement to the heads of delegation and the Swiss Mission to the European Union.

Article 6

Agendas for meetings

1.

2.

3.

The  secretariat,  in  agreement  with  the  heads  of  delegation,  shall  draw  up  the
provisional  agenda  for  each  meeting.  The  provisional  agenda  shall  be  sent  to  the
heads of delegation no later than five working days before the start of the meeting.

The provisional agenda shall include the items for which a request for their inclusion
has reached  the secretariat  at least fifteen  days  before  the  start  of the meeting.  The
items  shall  be  included  in  the  agenda  only  if,  where  applicable,  the  documents
relating to them have been sent to the secretariat no later than the date on which that
agenda is sent.

The  agenda  shall  be  adopted  by  joint  agreement  by  the  heads  of  delegation  at  the
start of each meeting. An item other than those appearing on the provisional agenda
may be placed on the agenda if the heads of delegation so agree.

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4.

The heads of delegation may agree to reduce the time limits set out in paragraph 1 in
order to take account of the requirements of a particular case.

Article 7

Minutes

1. 

2. 

1. 

2. 

3. 

1. 

2. 

The secretariat shall draw up draft minutes of each meeting. The draft shall state the
decisions taken, the recommendations made and the conclusions adopted. The draft
minutes  shall  be  submitted  to  the  Committee  for  approval.  Once  adopted  by  the
Committee, the minutes shall be signed by the heads of delegation and the secretariat
of the Committee. An original copy shall be kept by each of the Parties.

The  draft  minutes  shall  be  drawn  up  within  ten  working  days  of  the  meeting  and
shall be submitted to the Committee for approval by the written procedure set out in
Article 9. If that procedure cannot be completed, the minutes shall be adopted by the
Committee at its next meeting.

Article 8

Adoption of instruments

The decisions of the Committee within the meaning of Article 19 of Annex 11 to the
Agricultural Agreement shall bear the title "Decision", followed by a serial number,
the date of their adoption and an indication of their subject matter.

The decisions of the Committee shall bear the signatures of the heads of delegation.

Either Party may decide to publish any instrument adopted by the Committee.

Article 9

Written procedure

The instruments of the  Committee may  be  adopted  by  written procedure  where the
two heads of delegation so agree.

The  Party  proposing  the  use  of  the  written  procedure  shall  submit  the  draft
instrument  to  the  other  Party.  The  other  Party  shall  reply,  indicating  whether  it
accepts  or  does  not  accept  the  instrument,  whether  it  proposes  any  amendments  to
the draft, or whether it requests further time for reflection. If the draft is adopted, it
shall be finalised in accordance with Article 8.

Article 10

Expenses

Each Party shall bear the expenses it incurs in taking part in the meetings of the Committee.

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Article 11

Confidentiality

The deliberations of the Committee shall be governed by professional secrecy.

Article 12

Working groups

The working groups shall operate under the authority of the Committee, to which they shall
submit a written report after each of their meetings. The report shall be sent to the secretariat
of the Committee, which shall forward it to the heads of delegation. This report may contain
recommendations for the attention of the Committee.

Done at Brussels,

For the Joint Veterinary Committee
The Heads of Delegation

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