Proposal for a Council Decision revoking the agreements between the European Coal and Steel Community and the Swiss Confederation
Date: 2009-07-28
Institutions: European Commission
Subjects: Switzerland, customs regulations, import policy, iron and steel product, trade agreement (EU)

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.7.2009 
COM(2009) 389 final 

2009/0109 (COD) 

Proposal for a 

COUNCIL DECISION 

revoking the agreements between the European Coal and Steel Community and the 
Swiss Confederation 

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EXPLANATORY MEMORANDUM 

The  European  Coal  and  Steel  Community  (ECSC)  ceased  to  exist  when  the  Treaty 
establishing it expired on 23 July 2002. The ECSC had concluded a number of international 
agreements  with  third  countries,  including  Switzerland,  which  did  not  provide  for  the 
eventuality of the expiry of the aforementioned Treaty. 

Under  the  first  paragraph  of  Article 71  of  the  Treaty  establishing  the  ECSC,  commercial 
agreements between the ECSC and third countries were concluded by the Member States. For 
that reason, the representatives of the Governments of the Member States, meeting within the 
Council,  decided,  on  the  expiry  of  the  ECSC  Treaty,  that  from  24 July 2002  the  European 
Community  (EC)  would  take  over  the  rights  and  obligations  arising  under  the  international 
agreements  concluded  by  the  ECSC  with  third  countries;  the  Council  decided  that  the  EC 
would  succeed  to  these  rights  and  obligations1.  Since  then,  these  international  agreements 
have been governed by the EC Treaty. 

Shortly  before  these  decisions  were  taken,  the  representatives  of  the  Governments  of  the 
Member States, meeting within the Council, had already decided to terminate the Agreement 
of 21 March 1955 on the establishment of through international railway tariffs for the carriage 
of coal and steel2, and the Commission had terminated the Agreement of 28 July 1956 on the 
setting  of  through  international  railway  tariffs  for  the  carriage  of  coal  and  steel  in  transit 
through Swiss territory3. 

Community  and  Swiss  experts  concluded  in  their  report  of  30 April 2003  that  the  other 
agreements  between  the  ECSC  and  Switzerland  (particularly  the  Free  Trade  Agreement 
concluded  between  the  ECSC  and  Switzerland  on  22 July 19724)  had  also  lost  their  raison 
d’être. In relations between the European Communities and Switzerland, a parallel structure 
of agreements for the coal and steel sectors had been established for reasons of competence 
only.  

Although  there  are  differences  in  detail  between  the  agreement  between  the  ECSC  and 
Switzerland  and  the  Free  Trade  Agreement  concluded  at  the  same  time  by  the  EC  and 
Switzerland, particularly with regard to safeguard  measures,  these  differences  do  not  justify 
maintaining the ECSC Agreement. Moreover, it is a long time since the provisions in question 
have been applied. There would be no added value in maintaining a special regime for coal 
and  steel  products.  Following  the  revocation  of  the  agreement  between  the  ECSC  and 
Switzerland,  the  provisions  of  the  Free  Trade  Agreement  between  the  EC  and  Switzerland 
will  apply  automatically  to  the  products  in  question,  particularly  the  tariff  concessions  and 
surveillance measures. 

For that reason, Switzerland proposed, by Note Verbale of the Swiss Mission to the European 
Communities of 10 November 2004, revoking, by mutual consent, all agreements still in force 
between the ECSC and Switzerland, namely the Consultation Agreement between the Swiss 
Confederation  and  the  High  Authority  of  the  ECSC  of  7 May 19565,  the  Free  Trade 
Agreement  for  ECSC  products  of  22 July 1972,  the  Additional  Agreement  concerning  the 

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Decisions 2002/595/EC and 2002/596/EC of 19 July 2002 (OJ L 194, 23.7.2002, pp. 35 and 36). 
Decision 2001/764/ECSC of 23 October 2001 (OJ L 288, 1.11.2001, p. 38). 
Decision 2002/275/ECSC of 12 April 2002 (OJ L 96, 13.04.2002, p. 27). 
OJ L 350, 19.12.1973, p. 13. 
OJ 7, 21.2.1957, p. 85. 

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validity,  for  Liechtenstein,  of  the  aforementioned  agreement6,  and  all  the  amendments 
following  the  enlargements  of  the  European  Union.  These  agreements  should  be  revoked 
simultaneously under the procedure referred to in this Note Verbale. 

The  revocation  of  the  agreements  between  the  ECSC  and  Switzerland  forms  part  of  the 
measures  to  improve  Community  legislation.  The  processes  and  instruments  implemented 
under  the  Better  Regulation  Action  Plan  include  the  simplification  of  existing  legislation, 
requiring,  among  other  things,  an  evaluation  of  the  entire  Community  acquis  in  order  to 
ensure that Community legislation is clear and up to date. 

The  Treaty  establishing  the  EC  does  not  provide  explicitly  for  internal  procedures  for 
revoking  an  international  agreement.  Nonetheless,  the  revocation  of  an  international 
agreement by mutual consent is comparable to the amendment of an agreement. 

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OJ L 350, 19.12.1973, p. 29. 

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2009/0109 (COD) 

Proposal for a 

COUNCIL DECISION 

revoking the agreements between the European Coal and Steel Community and the 
Swiss Confederation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 133, in conjunction with the first sentence of Article 300(3), thereof, 

Having regard to the proposal from the Commission7, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Under Article 97 of the Treaty establishing the European Coal and Steel Community, 
the Treaty expired on 23 July 2002. 

Under  Decision  2002/595/EC  of  the  representatives  of  the  Governments  of  the 
Member  States  of  the  European  Communities,  meeting  within  the  Council  of 
19 July 20028,  the  rights  and  obligations  arising  under  the  international  agreements 
concluded by the European Coal and Steel Community with third countries have been 
taken  over  by  the  European  Community.  By  Council  Decision  2002/596/EC  of 
19 July 20029,  the  Community  succeeded  to  the  rights  and  obligations  arising  under 
the aforementioned agreements. 

Since  the  ECSC  Treaty  has  expired,  maintaining  a  special  regime  for  coal  and  steel 
products is no longer justified. 

The  revocation  of  the  agreements  between  the  European  Coal  and  Steel  Community 
and  the  Swiss  Confederation  forms  part  of  the  measures  to  improve  Community 
legislation, 

HAS DECIDED AS FOLLOWS:  

The  following  agreements  between  the  European  Coal  and  Steel  Community  and  the  Swiss 
Confederation are revoked by mutual agreement: 

Article 1 

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OJ C […], […], p. […]. 
OJ L 194, 23.07.2002, p. 35. 
OJ L 194, 23.07.2002, p. 36. 

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1. 

2. 

3. 

Consultation  Agreement  of  7 May 1956  between  the  Swiss  Confederation  and  the 
High Authority of the European Coal and Steel Community10, 

Agreement  of  22 July 1972  between  the  Member  States  of  the  European  Coal  and 
Steel Community and the Swiss Confederation11, 

Additional Agreement of 22 July 1972 concerning the validity, for the Principality of 
Liechtenstein,  of  the  Agreement  between  the  Member  States  of  the  European  Coal 
and Steel Community and the Swiss Confederation12, 

and all relevant supplementary and additional agreements and protocols. 

Article 2 

The  Commission  is  authorised  to  reply  to  the  Note  Verbale  of  the  Swiss  Mission  to  the 
European Communities of 10 November 2004 by the Note Verbale set out in the Annex. 

Done at Brussels, […] 

For the Council 
The President 

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OJ 7, 21.2.1957, p. 85. 
OJ L 350, 19.12.1973, p. 13. 
OJ L 350, 19.12.1973, p. 29. 

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ANNEX  

Note Verbale 

The  Commission  of  the  European  Communities  presents  its  compliments  to  the  Swiss 
Mission to the European Communities and has the honour to acknowledge receipt of its Note 
of 10 November 2004 on the revocation of several Agreements concluded between the Swiss 
Confederation and the European Coal and Steel Community, which was worded as follows: 

‘The  Swiss  Mission  to  the  European  Communities  presents  its  compliments  to  the 
Commission  of  the  European  Communities  and,  referring  to  the  Consultation  Agreement  of 
7 May 1956 between the Swiss Confederation and the High Authority of the European Coal 
and Steel Community, as well as the Agreement of 22 July 1972 between the Member States 
of  the  European  Coal  and  Steel  Community  and  the  Swiss  Confederation,  and  all  relevant 
supplementary agreements, has the honour to inform the Commission of the following: 

On 19 July 2002, the Council of the European Union decided that the European Community 
would  take  over  the  rights  and  obligations  arising  under  the  international  agreements 
concluded  by  the  European  Coal  and  Steel  Community  (ECSC).  Since  the  ECSC  ceased  to 
exist on 23 July 2002, the provisions of the Agreements binding it to the Swiss Confederation 
have lost all practical application. The Mission has the honour to propose to the Commission 
the revocation, by mutual consent, in accordance with Article 54(b) of the Vienna Convention 
on the Law of Treaties, of the following Agreements: 

•  Consultation  Agreement  of  7 May 1956  between  the  Swiss  Confederation  and  the  High 

Authority of the European Coal and Steel Community 

•  Agreement  of  22 July 1972  between  the  Member  States  of  the  European  Coal  and  Steel 

Community and the Swiss Confederation 

•  Additional Protocol of 17 July 1980 to the Agreement between the Member States of the 
European Coal and Steel Community and the Swiss Confederation following the accession 
of the Hellenic Republic to the Community 

•  Additional  Agreement  of  22 July 1972  concerning  the  validity,  for  the  Principality  of 
Liechtenstein,  of  the  Agreement  between  the  Member  States  of  the  European  Coal  and 
Steel Community and the Swiss Confederation (with final act and declaration)  

•  Supplementary  Protocol  of  17 July 1980  to  the  Additional  Agreement  concerning  the 
validity,  for  the  Principality  of  Liechtenstein,  of  the  Agreement  between  the  Member 
States of the European Coal and Steel Community and the Swiss Confederation following 
the accession of the Hellenic Republic to the Community 

•  Additional  Protocol  to  the  Agreement  between  the  Member  States  of  the  European  Coal 
and  Steel  Community  and  the  Swiss  Confederation  following  the  implementation  of  the 
Harmonised Commodity Description and Coding System 

•  Supplementary  Protocol  to  the  Additional  Agreement  concerning  the  validity,  for  the 
Principality  of  Liechtenstein,  of  the  Agreement  between  the  Member  States  of  the 
European  Coal  and  Steel  Community  and  the  Swiss  Confederation  following  the 
implementation of the Harmonised Commodity Description and Coding System 

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•  Additional  Protocol  to  the  Agreement  between  the  Member  States  of  the  European  Coal 
and  Steel  Community  and  the  Swiss  Confederation  following  the  accession  of  the 
Kingdom of Spain and the Portuguese Republic to the Community 

•  Second Additional Protocol to the Agreement between the Member States of the European 
Coal  and  Steel  Community  and  the  Swiss  Confederation  following  the  accession  of  the 
Kingdom of Spain and the Portuguese Republic to the Community 

•  Supplementary  Protocol  to  the  Additional  Agreement  concerning  the  validity,  for  the 
Principality  of  Liechtenstein,  of  the  Agreement  between  the  Member  States  of  the 
European Coal and Steel Community and the Swiss Confederation following the accession 
of the Kingdom of Spain and the Portuguese Republic to the Community 

and all relevant supplementary and additional agreements. 

If  the  Commission  agrees  with  this  proposal,  the  Mission  proposes  that  this  Note  and  the 
Commission’s reply constitute an agreement revoking the aforementioned Agreements, which 
will take effect the day after notification of the Community’s reply.’ 

The Commission has the honour to notify the Mission that, pursuant to the Council Decision 
of  [...],  it  supports,  on  behalf  of  the  European  Community,  the  proposal  to  revoke  the 
aforementioned Agreements. 

The proposal of the Mission and this Note therefore constitute an agreement on the revocation 
of  the  aforementioned  Agreements,  which  shall  take  effect  the  day  after  notification  of  this 
reply. 

The Principality of Liechtenstein shall be informed of the revocation of these agreements. 

The Commission avails itself of this opportunity to renew to the Mission the assurances of its 
highest consideration. 

Brussels, [date] 

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