CELEX: 52015PC0217
Language: en
Date: 2015-06-26
Title: Proposal for a COUNCIL DECISION on the position on Decision No 1/2015 to be taken on behalf of the European Union by the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products regarding the amendment of Appendices 1, 2, 3, 4, 5, 6, 7, 10 and 11 of Annex 11 to the Agreement

EUROPEAN
                             COMMISSION
                                                      Brussels, 26.6.2015
                                                      COM(2015) 217 final
                                                      2015/0111 (NLE)
                                        Proposal for a
                                   COUNCIL DECISION
    on the position on Decision No 1/2015 to be taken on behalf of the European Union by
       the Joint Veterinary Committee set up by the Agreement between the European
    Community and the Swiss Confederation on trade in agricultural products regarding
   the amendment of Appendices 1, 2, 3, 4, 5, 6, 7, 10 and 11 of Annex 11 to the Agreement
EN                                                                                         EN
 ---pagebreak---                           EXPLANATORY MEMORANDUM
   1. CONTEXT OF THE PROPOSAL
      The Agreement between the European Community and the Swiss Confederation on
      trade in agricultural products (hereinafter: "the Agriculture Agreement") entered into
      force on 1 June 2002.
      A number of legislative provisions have been amended or updated since the last
      amendment to the appendices of Annex 11 to the Agricultural Agreement.
      In line with the provisions of the Agreement, Switzerland has submitted to the Joint
      Veterinary Committee a plan setting out the measures it intends to implement for the
      approval of its poultry and hatching egg production establishments. The Agreement
      provides that the Joint Veterinary Committee is competent to approve this plan.
      Until 31 December 2014, Switzerland has the possibility of derogating from the
      Trichinella examination of carcasses and meat of domestic swine kept for fattening
      and slaughter in low-capacity slaughter establishments. However, as the EU
      legislation on Trichinella examination has recently been amended, Switzerland's
      derogation should be re-examined in order to allow a gradual adaptation of its current
      practices.
      Since its entry into force, the legislative provisions of Appendices 1, 2, 3, 4, 5, 6, 7
      and 10 of Annex 11 to the Agriculture Agreement have been amended. The
      addresses of the contact points in Appendix 11 have also changed.
      It is therefore necessary to adapt the provisions of Appendices 1, 2, 3, 4, 5, 6, 7, 10
      and 11 of Annex 11 to the Agriculture Agreement accordingly.
      Article 19(1) of Annex 11 to the Agriculture Agreement sets up a Joint Veterinary
      Committee made up of representatives of the Parties. It is responsible for examining
      all questions relating to the said Annex and its implementation and for carrying out
      the tasks provided for therein. The Joint Veterinary Committee is empowered to
      adopt decisions in the cases provided for in Annex 11. Article 19(3) of Annex 11 to
      the Agriculture Agreement authorises the Joint Veterinary Committee to amend the
      Appendices thereto, in particular with a view to adapting and updating them.
      The European Union must adopt the position it is to take in the Joint Veterinary
      Committee regarding necessary amendments to Annex 11. Under the first
      subparagraph of Article 5(2) of Decision 2002/309/EC, the European Union’s
      position must be adopted by the Council on a proposal from the Commission.
      Decision No 1/2015 of the Joint Veterinary Committee will be published in the
      Official Journal of the European Union.
   2. LEGAL ELEMENTS OF THE PROPOSAL
      The proposal is based on Article 207(4) of the Treaty on the Functioning of the
      European Union, in conjunction with Article 218(9).
EN                                            2                                                EN
 ---pagebreak---                                                                  2015/0111 (NLE)
                                                 Proposal for a
                                          COUNCIL DECISION
     on the position on Decision No 1/2015 to be taken on behalf of the European Union by
        the Joint Veterinary Committee set up by the Agreement between the European
     Community and the Swiss Confederation on trade in agricultural products regarding
    the amendment of Appendices 1, 2, 3, 4, 5, 6, 7, 10 and 11 of Annex 11 to the Agreement
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:
   (1)     The Agreement between the European Community and the Swiss Confederation on
           trade in agricultural products1 (hereinafter referred to as “the Agreement”) entered into
           force on 1 June 2002.
   (2)     Under Article 19(1) of Annex 11 to the Agriculture Agreement, the Joint Veterinary
           Committee is responsible for considering any matter arising in connection with the
           said Annex and its implementation, and for carrying out the tasks provided for therein.
           Article 19(3) of that Annex authorises the Joint Veterinary Committee to amend the
           Appendices to Annex 11, in particular with a view to their adaptation and updating.
   (3)     The first subparagraph of Article 5(2) of Decision 2002/309/EC, of the Council and of
           the Commission2 provides that the Community position within the Joint Committee
           for Agriculture and the Joint Veterinary Committee should be adopted by the Council
           on a proposal from the Commission.
   (4)     The European Union must adopt the position it is to take within the Joint Veterinary
           Committee regarding the necessary amendments.
   (5)     Decision No 1/2015 of the Joint Veterinary Committee should enter into force on the
           day of its adoption.
   HAS ADOPTED THIS DECISION:
                                                    Article 1
   The position to be adopted by the European Union 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 regarding the amendment of
   1
           OJ L 114, 30.4.2002, p. 132.
   2
           2002/309/EC, Euratom: Decision 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 Confederation (OJ L 114, 30.4.2002, p. 1).
EN                                                       3                                                      EN
 ---pagebreak---    Appendices 1, 2, 3, 4, 5, 6, 7, 10 and 11 of Annex 11 shall be based on the draft Decision of
   the Joint Veterinary Committee annexed to this Decision.
                                                Article 2
   Decision No 1/2015 of the Joint Veterinary Committee set up by the Agreement between the
   European Community and the Swiss Confederation on trade in agricultural products regarding
   the amendment of Appendices 1, 2, 3, 4, 5, 6, 7, 10 and 11 of Annex 11 to the Agreement will
   be published in the Official Journal of the European Union as soon as it has been adopted.
                                                Article 3
   Decision No 1/2015 of the Joint Veterinary Committee created by an Agreement between the
   European Community and the Swiss Confederation on trade in agricultural products shall
   enter into force on the day of its adoption.
                                                Article 4
   This Decision is addressed to the Member States.
   Done at Brussels,
                                                 For the Council
                                                 The President
EN                                                  4                                            EN