Proposal for a Council Decision concerning the conclusion of an additional Agreement between the European Community, the Swiss Confederation and the Principality of Liechtenstein extending to the Principality of Liechtenstein the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
Date: 2007-02-23
Institutions: European Commission
Subjects: Liechtenstein, Switzerland, agricultural product, trade agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.2.2007 
COM(2007) 68 final 

2007/0031 (ACC) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of an additional Agreement between the European 
Community, the Swiss Confederation and the Principality of Liechtenstein extending to 
the Principality of Liechtenstein the Agreement between the European Community and 
the Swiss Confederation on trade in agricultural products 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

EXPLANATORY MEMORANDUM 

In  view  of  the  customs  union  with  the  Swiss  Confederation,  the  Principality  of 
Liechtenstein  has  requested  that  the  Agreement  between  the  European  Community 
and the Swiss Confederation on trade in agricultural products should apply to it.  

Following the positive position taken by the Joint Committee on Agriculture and the 
Joint  Veterinary  Committee  of 
the 
Commission,  the  Government  of  the  Principality  of  Liechtenstein  and  the  Swiss 
Federal Council were undertaken.  

that  Agreement,  consultations  between 

The  Agreement  will  simplify  the  triangular  relationship  in  trade  in  agricultural 
products between Liechtenstein, the Swiss Confederation and the Community, both 
for  tariff  and  non  tariff  issues.  At  the  same  time,  the  situation  as  regards  those 
matters  covered  by  the  Agreement  on  the  European  Economic  Area  that  apply  to 
Liechtenstein but not to the Swiss Confederation, has to be clarified in the form of a 
Decision of the EEA Joint Committee, to be adopted in accordance with the specific 
procedures foreseen. 

The  Commission,  therefore,  proposes  that  the  Council  adopt  the  decision  on  the 
conclusion of this Agreement and the corresponding EEA Joint Committee Decision 
entering into force on the same day. 

5. 

Financial impact: no significant impact foreseen. 

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2007/0031 (ACC) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of an additional Agreement between the European 
Community, the Swiss Confederation and the Principality of Liechtenstein extending to 
the Principality of Liechtenstein 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,  and  in  particular 
Article 133 thereof, in conjunction with the first sentence of Article 300(2) thereof,  

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

The  Community,  the  Principality  of  Liechtenstein  and  the  Swiss  Confederation  have 
negotiated  and  initialled  an  additional  agreement  to  extend  to  the  Principality  of 
Liechtenstein  the  Agreement  between  the  European  Community  and  the  Swiss 
Confederation on trade in agricultural products. 

(2) 

It is in the Community's interest to approve that additional agreement, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  additional  Agreement  between  the  European  Community,  the  Swiss  Confederation  and 
the Principality of Liechtenstein extending to the Principality of Liechtenstein the Agreement 
between  the  European  Community  and  the  Swiss  Confederation  on  trade  in  agricultural 
products  is  hereby  approved  on  behalf  of  the  Community.  The  text  of  the  Agreement  is 
attached to this decision. 

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The  President  of  the  Council  is  hereby  authorized  to  designate  the  person(s)  empowered  to 
sign the Agreement in order to bind the Community. 

Article 2 

Done at  

For the Council 
The President 

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Proposal for an 

ADDITIONAL AGREEMENT 

between the European Community, the Swiss Confederation and the Principality of 
Liechtenstein extending to the Principality of Liechtenstein the Agreement between the 
European Community and the Swiss Confederation on trade in agricultural products 

The European Community (“the Community”), the Swiss Confederation (“Switzerland”) and 
the Principality of Liechtenstein (“Liechtenstein”), 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Liechtenstein forms a customs union with Switzerland in accordance with the Treaty 
of  29  March  1923  between  the  Swiss  Confederation  and  the  Principality  of 
territory 
Liechtenstein 
(“Customs Treaty”)1. 

incorporating  Liechtenstein 

the  Swiss  customs 

into 

By  virtue  of  the  Customs  Treaty,  the  provisions  concerning  the  improvement  of 
market  access  granted  by  Switzerland  for  agricultural  products  originating  in  the 
Community  which  are  the  subject  of  the  Agreement  between  the  European 
Community  and  the  Swiss  Confederation  on  trade  in  agricultural  products  of 
21 June 19992 (“Agriculture Agreement”) apply to Liechtenstein. 

For  the  administration  of  the  Agriculture  Agreement  and  to  ensure  its  good 
functioning, Article 6 establishes a Joint Committee for Agriculture and Article 19 of 
Annex 11 a Joint Veterinary Committee, both of which may modify specific parts of 
that agreement.  

In  accordance  with  the  Additional  Agreement  concerning  the  validity,  for  the 
Principality  of  Liechtenstein,  of  the  Agreement  between  the  European  Economic 
Community and the Swiss Confederation of 22 July 19723, the Agreement between the 
European Economic Community and the Swiss Confederation of 22 July 19724 applies 
to Liechtenstein: Protocol No 3 provides that Liechtenstein products are deemed to be 
products  of  Swiss  origin.  Article  4  of  the  Agriculture  Agreement  provides  that  the 
rules of origin applicable under Annexes 1, 2 and 3 shall be as set out in Protocol No 3 
mentioned above. 

1 
2 
3 
4 

LGBl. 1923 Nr. 24; SR 0.631.112.514. 
OJ EU L 114, 30.4.2002, p. 132. 
OJ EU L 300, 31.12.1972, p. 281. 
OJ EU L 300, 31.12.1972, p. 189. 

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(5) 

All the provisions of the Agriculture Agreement, including any modifications made by 
its  Joint  Committees,  should  apply  to  Liechtenstein.  At  the  same  time,  the 
corresponding parts of the EEA Agreement, namely Annex I, Chapters XII and XXVII 
of Annex II and Protocol 47 should be suspended with regard to Liechtenstein for so 
long as the Agriculture Agreement applies to Liechtenstein.  

HAVE AGREED AS FOLLOWS: 

1. 

2. 

1. 

2. 

Article 1 

The  Agriculture  Agreement,  including  any  modifications  decided  by  the  Joint 
Committee  for  Agriculture  and  the  Joint  Veterinary  Committee  shall  apply  to 
Liechtenstein. 

The  adaptations  specific  to  Liechtenstein  concerning  Annexes  4  to  11  of  the 
Agriculture  Agreement  are  laid  down  in  the  Annex  to  this  Agreement  ("Additional 
Agreement"), which shall constitute an integral part of it. 

Article 2 

For  the  application  and  development  of  the  Agriculture  Agreement  and  without 
altering  its  bilateral  nature,  Liechtenstein  shall  have  its  interests  represented  by  a 
Liechtenstein  representative  within  the  Swiss  delegation  to  the  Joint  Committee  on 
Agriculture and the Joint Veterinary Committee, and their working parties. 

The  Joint  Committee  for  Agriculture  may  modify  the  Annex  to  this  Agreement,  in 
accordance  with  the  provisions  of  Articles  6  and  11  of  the  Agriculture  Agreement. 
The Joint Veterinary Committee may modify the Annex to this Agreement in so far 
as  it  concerns  Annex  11  of  the  Agriculture  Agreement,  in  accordance  with  the 
provisions  of  Article 19  of  that  Annex.  Such  modifications  shall  be  subject  to  the 
approval of the Liechtenstein representative.  

This Agreement: 

Article 3  

– 

– 

– 

shall enter into force on the day of its signature; 

may be terminated by written notification to the other parties. It shall cease to be in 
force one year after the date of such notification; 

shall cease to apply should either the Agriculture Agreement or the Customs Treaty 
no longer be in force. 

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Article 4 

This Additional Agreement is drawn up in triplicate in the Bulgarian, Czech, Danish, Dutch, 
English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, 
Polish,  Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of 
these texts being equally authentic. 

Done at  

for the European Community 

for the Swiss Confederation 

for the Principality of Liechtenstein 

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ANNEX to the Additional Agreement 

Principle 

The laws and obligations, legal provisions, lists, names and terms laid down for Switzerland 
in  the  Agriculture  Agreement  shall  also  apply  to  Liechtenstein  subject  to  the  following 
adjustments and additions. 

Where Swiss canton authorities are assigned duties, responsibilities and powers, these shall be 
incumbent on the competent Liechtenstein government agencies. For matters handled by the 
canton agricultural authorities this means the Agricultural Office ("Landwirtschaftsamt"), Dr. 
Grass-Strasse 10, FL-9490 Vaduz, and for matters handled by the canton veterinary and food 
authorities  it  means  the  Office  of  Food  Inspection  and  Veterinary  Affairs  (OFV)  ("Amt  für 
Lebensmittelkontrolle und Veterinärwesen"), Postplatz 2, FL-9494 Schaan. 

Furthermore, private organisations to which specific tasks have been assigned (e.g. inspection 
and  certification  bodies)  are  also  competent  for  Liechtenstein,  unless  otherwise  provided  in 
what follows. 

Adjustments/additions concerning Annexes 4-11 of the Agriculture Agreement 

Annex 4, Plant protection 

Annex 5, Feeding stuffs 

Annex 6, Seeds sector  

Annex 7, Trade in wine products  

Protected  names  of  wine  products  originating  in  Liechtenstein  (within  the  meaning  of 
Article 6 of Annex 7) 

Geographical indications 

Quality wines 

– 

– 

– 

– 

– 

Balzers 

Bendern 

Eschen 

Eschnerberg 

Gamprin 

–  Mauren 

– 

– 

– 

– 

– 

Ruggell 

Schaan 

Schellenberg 

Triesen 

Vaduz 

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Table wines with geographical indication 

– 

– 

Liechtensteiner Oberländer Landwein 

Liechtensteiner Unterländer Landwein 

Traditional expressions 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Ablass 

Appellation d'origine contrôlée 

Auslese Liechtenstein 

Beerenauslese 

Beerle  

Beerli 

Beerliwein  

Eiswein 
Federweiss5 

Grand Cru Liechtenstein 

Kretzer 

Landwein 

Sélection Liechtenstein 

Strohwein 

Süssdruck 

Trockenbeerenauslese 

–  Weissherbst 

Annex 8, On the mutual recognition and protection of names of spirit drinks and aromatised 
wine-based drinks 

Protected  names  for  spirits  originating  in  Liechtenstein  (within  the  meaning  of  Article 4  of 
Annex 8) 

Grape marc spirit 

– 

– 

– 

– 

– 

Balzner Marc 

Benderer Marc 

Eschner Marc 

Eschnerberger Marc 

Gampriner Marc 

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without  prejudice  to  the  use  of  the  German  traditional  expression  “Federweißer”  for  grape  must 
partially  in  fermentation  intended  for  direct  human  consumption  as  foreseen  in  paragraph 34c  of  the 
German  Wine  Regulation  and  in  Articles  12(1)(b)  and  14(1)  of  Commission  Regulation  (EC) 
No 753/2002, as amended. 

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–  Maurer Marc 

– 

– 

– 

– 

– 

Ruggeller Marc 

Schaaner Marc 

Schellenberger Marc 

Triesner Marc 

Vaduzer Marc 

Annex 9, Organically produced agricultural products and foodstuffs 

Annex  10,  Recognition  of  conformity  checks  for  fresh  fruit  and  vegetables  subject  to 
marketing standards 

Annex 11, Animal-health and zootechnical measures applicable to trade in live animals and 
animal products 

TRACES system 

The  Commission,  in  cooperation  with  the  Office  of  Food  Inspection  and  Veterinary  Affairs 
(OFV,  "Amt  für  Lebensmittelkontrolle  und  Veterinärwesen")  shall  integrate  Liechtenstein 
into  the  TRACES  system,  in  accordance  with  Commission  Decision  2004/292/EC  of 
30 March 20046. 

Rules for animals sent for grazing in border areas 

Rules for animals sent for grazing in border areas defined in Appendix 5 to Annex 11 of the 
Agriculture Agreement, chapter 1, point III, shall apply mutatis mutandis to Liechtenstein. 

For Liechtenstein, the parties referred to in Article 1 of Commission Decision 2001/672/EC of 
20 August 20017 laying down special rules applicable to movements of bovine animals when 
put out to summer grazing in mountain areas and referred to in the corresponding Annex shall 
be: Liechtenstein. 

Legislation 

In  the  case  of  Liechtenstein,  the  Liechtenstein  Law  on  animal  welfare  (TschG)  of 
20 December 1988, LGBl. 1989 Nr. 3, LR 455.0 and the Liechtenstein Ordinance on animal 
welfare (TschV) of 12 June 1990, LGBl. 1990 Nr. 33, LR 455.01 shall replace the Ordinance 
on animal welfare (SR 455.1) listed for Switzerland under Appendix 5, Chapter 3 III. Animal 
Welfare, point 1. 

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OJ EU L 94, 31.3.2004, p. 63. 
OJ EU L 235, 4.9.2001, p. 23. 

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