Proposal for a Council Decision on the signing on behalf of the Community and the provisional application of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
Date: 2008-11-07
Institutions: European Commission
Subjects: Switzerland, agricultural product, health control, import (EU), signature of an agreement, trade agreement (EU)

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.11.2008 
COM(2008) 685 final 

2008/0202 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the signing on behalf of the Community and the provisional application of the 
Agreement between the European Community and the Swiss Confederation amending 
the Agreement between the European Community and the Swiss Confederation on trade 
in agricultural products  

Proposal for a 

COUNCIL DECISION 

approving the Agreement between the European Community and the Swiss 
Confederation amending the Agreement between the European Community and the 
Swiss Confederation on trade in agricultural products  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Agreement between the European Community and the Swiss Confederation on trade in 
agricultural products (hereinafter referred to as the "Agreement on Agriculture") entered into 
force on 1 June 2002. 

The Swiss Confederation has undertaken to include in its national legislation the provisions of 
Council  Directive 91/496/EEC  of  15 July 1991  laying  down  the  principles  governing  the 
organisation  of  veterinary  checks  on  animals  entering  the  Community  from  third  countries 
and  amending  Directives 89/662/EEC,  90/425/EEC  and  90/675/EEC,  of  Council 
Directive 97/78/EC  of  18 December 1997  laying  down  the  principles  governing  the 
organisation of veterinary checks on products entering the Community from third countries, 
of Council Directive 2002/99/EC  of  16 December 2002 laying  down the  animal health rules 
governing  the  production,  processing,  distribution  and  introduction  of  products  of  animal 
origin for human consumption, of Regulation (EC) No 882/2004 of the European Parliament 
and of the Council of 29 April 2004 on official controls performed to ensure the verification 
of  compliance  with  feed  and  food  law,  animal  health  and  animal  welfare  rules,  and  all  the 
provisions adopted for their implementation in the control of imports from third countries into 
the European Union. 

The Swiss Confederation has undertaken to include in its national legislation the provisions of 
Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 
on the animal health requirements applicable to the non-commercial movement of pet animals 
and amending Council Directive 92/65/EEC. 

The provisions of Annex 11 to the Agreement on Agriculture should be adapted accordingly. 
The  Council  authorised  the  Commission  to  open  negotiations  with  the  Swiss  Confederation 
with  a  view  to  amending  the  Agreement  on  Agriculture  by  updating  and  adapting  the 
provisions thereof, on 25 October 2004 (SEC(2004)1043 F of 12 August 2004). In accordance 
with  Article 5(2)  of  the  Agreement  on  Agriculture,  the  amendment  procedure  laid  down  in 
Article  11  thereof  does  not  apply  to  Annex 11.  Consequently,  any  amendment  to  Annex 11 
must be approved by means of a procedure identical to the procedure for the Agreement on 
Agriculture. 

The  provisional  application  of  this  Decision,  pending  the  completion  of  the  internal 
procedures  of  the  Parties,  allows  account  to  be  taken  of  the  changes  resulting  from 
amendments  to  the  Appendices  of  Annex 11  and  of  the  discontinuation  of  veterinary 
inspections at borders from 1 January 2009. 

The  Commission  therefore  submits  to  the  Council  the  proposals  for  two  Decisions,  on  the 
signature with provisional application of, and on the conclusion of the Agreement between the 
European  Community  and  the  Swiss  Confederation  on  the  amendment  of  Annex 11  to  the 
Agreement between the European Community and the Swiss Confederation of 21 June 1999 
on trade in agricultural products, as set out in the Annexes. 

This Decision has no financial impact on the budget of the European Community.  

The  amendment  to  the  Agreement  between  the  European  Community  and  the  Swiss 
Confederation on trade in agricultural products will be published in the Official Journal of the 
European Union. 

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Proposal for a 

COUNCIL DECISION 

of 

on the signing on behalf of the Community and the provisional application of the 
Agreement between the European Community and the Swiss Confederation amending 
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 Articles 
133 and 310 in conjunction with the second subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Council  authorised  the  Commission  to  open  negotiations  with  the  Swiss 
Confederation with a view to amending the Agreement on Agriculture by updating and 
(SEC(2004)1043 F  of 
adapting 
12 August 2004). 

thereof,  on  25 October 2004 

the  provisions 

The  Community  and  the  Swiss  Confederation  negotiated  an  Agreement  amending 
Annex 11  to  the  Agreement  between  the  European  Community  and  the  Swiss 
Confederation of 21 June 1999 on trade in agricultural products. 

This Agreement is to apply provisionally from 1 January 2009 pending the completion 
of the internal procedures of the Parties. 

Subject to its conclusion at a later date, the Agreement set out in the Annex should be 
signed. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The signing on behalf of the Community of the Agreement between the European Community 
and the Swiss Confederation amending the Agreement between the European Community and 
the Swiss Confederation on trade in agricultural products is hereby approved, subject to the 
conclusion of the Agreement at a later date. 

The text of the Agreement is annexed to this decision. 

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The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Agreement on behalf of the Community, subject to its conclusion. 

Article 2 

Article 3 

Pending  the  completion  of  the  procedures  required  for  its  conclusion,  the  Agreement  shall 
apply  provisionally  from  1 January 2009  in  accordance  with  Article 3  of  the  Agreement 
annexed to this Decision. 

Article 4 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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2008/0202 (AVC) 

Proposal for a 

COUNCIL DECISION 

of 

approving the Agreement between the European Community and the Swiss 
Confederation amending 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 
Articles 133 and 310 in conjunction with the second subparagraph of Article 300(3) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the assent of the European Parliament, 

Whereas: 

(1) 

(2) 

The  Commission  has  negotiated,  on  behalf  of  the  European  Community,  an 
Agreement amending Annex 11 of the Agreement between the European Community 
and the Swiss Confederation of 21 June 1999 on trade in agricultural products. 

the  European  Community,  on 
The  Agreement  was  signed,  on  behalf  of 
dd MMMM 2008, subject to its conclusion at a later date, in accordance with Council 
Decision xx/xxx/EC of dd MMMM 2008. 

(3) 

The Agreement should be approved. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The Agreement between the European Community and the Swiss Confederation amending the 
Agreement  between  the  European  Community  and  the  Swiss  Confederation  on  trade  in 
agricultural products is hereby approved on behalf of the European Community. 

The text of the Agreement is annexed to this Decision. 

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Article 2 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

Agreement between the European Community and the Swiss Confederation amending 
Annex 11 to the Agreement between the European Community and the Swiss 
Confederation of 21 June 1999 on trade in agricultural products 

THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community",   
and 

THE SWISS CONFEDERATION, hereinafter referred to as "Switzerland", 

together referred to hereinafter as "the Parties", 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Agreement  between  the  European  Community  and  the  Swiss  Confederation  of 
21 June 1999  on  trade  in  agricultural  products,  hereinafter  referred  to  as  "the 
Agreement", entered into force on 1 June 2002. 

Annex 11 to the Agreement, hereinafter referred to as "Annex 11", concerns animal 
health  and  zootechnical  measures  applicable  to  trade  in  live  animals  and  animal 
products. 

Switzerland  has  undertaken  to  include  in  its  national  legislation  the  provisions  of 
Regulation  (EC)  No 998/2003  of  the  European  Parliament  and  of  the  Council  of 
26 May 2003  on  the  animal  health  requirements  applicable  to  the  non-commercial 
movement  of  pet  animals  and  amending  Council  Directive 92/65/EEC1. 
Consequently, the Parties have to amend the Agreement to take account of the fact 
that  its  scope  has  been  extended  to  include  the  non-commercial  movement  of  pet 
animals. 

Switzerland  has  undertaken  to  include  in  its  national  legislation  the  provisions  of 
Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing 
the organisation of veterinary checks on animals entering the Community from third 
countries  and  amending  Directives 89/662/EEC,  90/425/EEC  and  90/675/EEC2,  of 
Council  Directive 97/78/EC  of  18 December 1997  laying  down  the  principles 
governing the organisation of veterinary checks on products entering the Community 
from third countries3, of Council Directive 2002/99/EC of 16 December 2002 laying 
down the animal health rules governing the production, processing, distribution and 
introduction  of  products  of  animal  origin  for  human  consumption4,  of  Regulation 
(EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 
on official controls performed to ensure the verification of compliance with feed and 
food law, animal health and animal welfare rules5, and all the provisions adopted for 
their implementation in the control of imports from third countries into the European 
Union and, as a result, the Parties have to adapt the provisions of the Agreement. 

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5 

OJ L 146, 13.6.2003, p. 1. 
OJ L 268, 24.9.1991, p. 56. 
OJ L 24, 30.1.1998, p. 9. 
OJ L 18, 23.1.2003, p. 11. 
OJ L 165, 30.4.2004, p. 1. 

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(5) 

The Joint Veterinary Committee does not have the powers to make the amendments 
and  adjustments  required  as  a  result  of  changes  to  the  respective  legislation. 
Annex 11 of the Agreement therefore needs to be updated and amended. 

HAVE AGREED ON THE FOLLOWING PROVISIONS: 

Article 1 

1. 

A third indent shall be added to the end of Article 1(1) of Annex 11: 

"− 

non-commercial movements of pet animals.". 

2. 

The title of Title I of Annex 11 shall be amended as follows: 

"Trade in live animals, their semen, ova and embryos and the non-commercial 
movement of pet animals". 

3. 

The following shall be substituted for Article 3 of Title I of Annex 11: 

"Article 3 

The Parties hereby agree that trade in live animals, their semen, ova and embryos and 
the non-commercial movement of pet animals shall be carried out in accordance with 
the  legislation  specified  in  Appendix 2.  That  legislation  shall  apply  subject  to  the 
special rules and procedures laid down in that Appendix."  

The following shall be substituted for Article 15 of Annex 11: 

Article 2 

"Article 15 
Animal products: border checks and payment of fees 

Checks  on  trade  in  animal  products  between  the  Community  and  Switzerland  shall 
be carried out in accordance with Appendix 10." 

Article 3 

This Agreement shall be ratified or approved by the Parties in accordance with their internal 
procedures. 

The Parties shall notify each other of the completion of these procedures. 

This  Agreement  shall  apply  provisionally  from  1 January 2009  pending  the  completion  of 
those procedures. 

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Article 4 

This  Agreement  shall  be  drawn  up  in  duplicate  in  the  Bulgarian,  Czech,  Danish,  Dutch, 
English,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Irish,  Italian,  Latvian, 
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish 
languages, each text being equally authentic. 

In witness whereof, the undersigned Plenipotentiaries have hereunto set their hands. 

Done at…, …(date) 

For the European Community 

For the Swiss Confederation 

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