Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Union, the Swiss Confederation and the Principality of Liechtenstein amending 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
Date: 2010-11-10
Institutions: European Commission
Subjects: Liechtenstein, Switzerland, agreement (EU), agricultural product, liberalisation of the market, market access

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EUROPEAN COMMISSION 

Brussels, 10.11.2010 
COM(2010) 645 final 

2010/0313 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Union, the Swiss 
Confederation and the Principality of Liechtenstein amending 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 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Agreement between the European Community and the Swiss Confederation on trade in 
agricultural  products  (hereinafter  referred  to  as  "the  Agricultural  Agreement")  has  been 
extended to the Principality of Liechtenstein1. The Agreement between the European Union 
and  the  Swiss  Confederation  on  the  protection  of  designations  of  origin  and  geographical 
indications for agricultural products and foodstuffs has amended the Agricultural Agreement 
by  adding  Annex  12.  Therefore,  the  Additional  Agreement  between  the  European 
Community,  the  Swiss  Confederation  and  the  Principality  of  Liechtenstein  also  needs  to  be 
amended so that the protection of geographical indications also applies to Liechtenstein. 

2. 

BUDGETARY IMPLICATIONS 

No impact. 

On the basis of the above-mentioned, the Commission proposes that the Council designate the 
person(s)  empowered  to  sign  the  Agreement  between  the  European  Union,  the  Swiss 
Confederation  and  the  Principality  of  Liechtenstein  amending  the  Additional  Agreement 
between  the  European  Community,  the  Swiss  Confederation  and  the  Principality  of 
Liechtenstein (hereinafter referred to as "the Agreement") on behalf of the Union, subject to 
its conclusion. 

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OJ L 270, 13.10.2007, p.6. 

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2010/0313 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Union, the Swiss 
Confederation and the Principality of Liechtenstein amending 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  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207(4), first subparagraph, in conjunction with Article 218(6)(a)(v) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the approval of the European Parliament2,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Agreement  between  the  European  Community  and  the  Swiss  Confederation  on 
trade in agricultural products3 (hereinafter referred to as "the Agricultural Agreement") 
entered into force on 1 June 2002. 

The  Additional  Agreement  between 
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  products4  (hereinafter  referred  to  as  "the 
Additional Agreement") entered into force on 13 October 2007. 

the  European  Community, 

The  Commission  has  negotiated  on  behalf  of  the  European  Union  an  Agreement 
between  the  European  Union  and  the  Swiss  Confederation  on  the  protection  of 
designations  of  origin  and  geographical  indications  for  agricultural  products  and 
foodstuffs which amends the Agricultural Agreement by inserting a new Annex 12. 

The  European  Union,  the  Principality  of  Liechtenstein  and  the  Swiss  Confederation 
have  agreed  that  the  Additional  Agreement  should  also  be  amended  in  order  to  take 
into account the protection of designations of origin and geographical indications. 

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4 

OJ C 
OJ L 114, 30.4.2002, p.132.  
OJ L 270, 13.10.2007, p.6. 

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(5) 

The  Agreement  between  the  European  Union,  the  Swiss  Confederation  and  the 
Principality of Liechtenstein amending the Additional Agreement (hereinafter referred 
to as "the Agreement") signed by the Commission on [ ], in accordance with Council 
Decision 2010/XXX of [...]5, should be concluded. 

HAS ADOPTED THIS DECISION:  

Article 1 

The Agreement between the European Union, the Swiss Confederation and the Principality of 
Liechtenstein  amending  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  (hereinafter  referred  to  as  "the  Agreement")  is  hereby 
concluded.  

The text of the Agreement is attached to this Decision. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the European Union, with the deposit of the instrument of approval provided for in Article 3 
of the Agreement in order to express the consent of the European Union to be bound by the 
Agreement. 

Article 3 

This  Decision  shall  enter  into  force  on  the  date  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

The date of entry into force of the Agreement shall be published in the Official Journal of the 
European Union. 

Done at Brussels, 

For the Council 
The President 

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OJ XXX. 

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ANNEX 

AGREEMENT 

Agreement between the European Union, the Swiss Confederation and the Principality 
of Liechtenstein amending 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 

The European Union (hereinafter referred to as “the Union”), the Swiss Confederation 
(hereinafter referred to as "Switzerland”) and the Principality of Liechtenstein (hereinafter 
referred to as “Liechtenstein”), hereinafter referred to as "the Parties", 

Committing  themselves  to  promoting  among  themselves  the  harmonious  development  of 
designations  of  origin  and  geographical  indications  (hereinafter  "GIs")  and  facilitating, 
through  their  protection  within  the  framework  of  the  Agreement  between  the  European 
Community  and  the  Swiss  Confederation  on  trade  in  agricultural  products  (hereinafter 
"Agricultural  Agreement"),  bilateral  trade  flows  in  agricultural  products  and  foodstuffs 
originating  in  the  Parties  that  have  been  granted  a  GI  within  the  meaning  of  the  Parties' 
respective legislation, and regularly updating the list of GIs protected by this Agreement,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Swiss  legislation  on  GIs  for  agricultural  products  and  foodstuffs  applies  in 
Liechtenstein, 

GIs  in  the  Swiss  national  register  may  be  composed  of  geographical  names  in  the 
territory  of  Liechtenstein  and  the  geographical  area  of  these  GIs  may  include  the 
territory of Liechtenstein,  

Pursuant  to  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 
in  agricultural  products  (hereinafter  "the  Additional 
Agreement"), the Agricultural Agreement also applies to Liechtenstein, 

trade 

Pursuant  to  the  Additional  Agreement,  Liechtenstein  products  are  deemed  to  be 
products of Swiss origin,  

The Additional Agreement should be amended so that the insertion of a new annex to 
the Agricultural Agreement concerning the protection of geographical indications and 
designations  of  origin  from  Switzerland  and  the  European  Union  relative  to 
agricultural products and foodstuffs also applies to Liechtenstein, 

Have agreed on the following provisions: 

Article 1 

Amendments 

The Additional Agreement is hereby amended as follows: 

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1. 

Article 1(2) is replaced by the following: 

"The  adjustments  specific  to  Liechtenstein  concerning  Annexes  4  to  12  of  the 
Agricultural Agreement are laid down in the Annex to this Agreement ("Additional 
Agreement"), which shall constitute an integral part thereof." 

2. 

The  title  "Adjustments/additions  concerning  Annexes  4  to  11  of  the  Agricultural 
Agreement" in the Annex is replaced as follows: 

"Adjustments/additions concerning Annexes 4 to 12 of the Agricultural Agreement." 

3. 

The following paragraph is added to the above-mentioned title: 

"Annex  12,  Protection  of  designations  of  origin  and  geographical  indications  for 
agricultural products and foodstuffs  

The  geographical  area  of  the  following  Swiss  GIs  that  are  protected  pursuant  to 
Appendix 1 to Annex 12 also includes the territory of Liechtenstein:  

– 

– 

Rheintaler Ribel / Türggen Ribel (PDO) 

St. Galler Bratwurst / St. Galler Kalbsbratwurst (PGI)." 

Article 2 

Language versions: 

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

Article 3 

Entry into force 

1. 

2. 

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 enter into force on […]  

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1. 

2. 

3. 

4. 

5. 

5.0 

5.1 

FINANCIAL STATEMENT 

BUDGET HEADING: 
Chapter 12 – Customs duties and other duties  

fiche fin/10/477776 
DDG/tm 
6.0.2005.1-2010 

DATE: 14.7.2010 

CREDITS: 
B2010: EUR 14 079,7 
million 

TITLE: 
Proposal  for  a  Council  Decision  on  the  conclusion  of  the  Agreement  between  the  European  Union,  the 
Swiss  Confederation  and  the  Principality  of  Liechtenstein  amending  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. 

LEGAL BASIS: 
Treaty and in particular Art. 207(4), first subparagraph, in conjunction with Article 218(6)(a)(v). 

AIMS: 
To establish a mutual protection of geographical indications in the trade of agricultural products between 
the Parties. 

FINANCIAL IMPLICATIONS 

12 MONTH 
PERIOD 

(EUR million) 

CURRENT 
FINANCIAL 
YEAR 
2010  
(EUR million) 

FOLLOWING 
FINANCIAL 
YEAR 
2011 
(EUR million) 

CHARGED TO THE EC BUDGET  

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHERS 

REVENUE 
- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

OWN RESOURCES OF THE EC  

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2 

CALCULATION METHOD: - 

- 

-  

- 

-  

- 

-  

2012 

2013 

2014 

- 

- 

- 

6.0 

6.1 

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 
RELEVANT CHAPTER OF THE CURRENT BUDGET? 

CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE 
CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 

YES NO 

YES NO 

YES NO 

YES NO 

OBSERVATIONS: 
The  proposal  concerns  the  conclusion  of  an  Agreement  between  the  European  Union,  the  Swiss  Confederation 
and  the  Principality  of  Liechtenstein  to  amend  the  existing  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,  in  order  to  take  into  account  the  protection  of  designations  of  origin  and  geographical 
indications. The measure has no financial impact. 

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