CELEX: 32011D0409
Language: en
Date: 2011-07-11 00:00:00
Title: 2011/409/EU: Commission Decision of 11 July 2011 on the position to be taken by the European Union, within the EU-Switzerland Joint Committee, on the rules of procedure to be adopted by it in accordance with Article 19(4) of the Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures

12.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 182/28
            
         COMMISSION DECISION
   of 11 July 2011
   on the position to be taken by the European Union, within the EU-Switzerland Joint Committee, on the rules of procedure to be adopted by it in accordance with Article 19(4) of the Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures
   (2011/409/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Agreement of 25 June 2009 between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures (1) (hereinafter ‘the Agreement’),
   Having regard to Council Decision 2009/556/EC of 25 June 2009 concerning the provisional application and conclusion of the Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures (2), and in particular the second paragraph of Article 5 thereof,
   Whereas:
   Article 19(4) of the Agreement states that the joint committee set up by that Agreement (hereinafter ‘the EU-Switzerland Joint Committee’) must adopt its rules of procedure,
   HAS ADOPTED THIS DECISION:
   Sole Article
   The position to be taken by the European Union within the EU-Switzerland Joint Committee on the rules of procedure to be adopted in accordance with Article 19(4) of the Agreement shall be laid down in the attached draft decision of the EU-Switzerland Joint Committee.
   
      Done at Brussels, 11 July 2011.
      
         
            For the Commission
         
         
            The President
         
         José Manuel BARROSO
      
   
   
      (1)  OJ L 199, 31.7.2009, p. 24.
   
      (2)  OJ L 199, 31.7.2009, p. 22.
   
      Draft
      DECISION No 1/2011 OF THE EU-SWITZERLAND JOINT COMMITTEE
      of …
      adopting the rules of procedure of the Joint Committee and setting up a working group
      THE JOINT COMMITTEE,
      Having regard to the Agreement of 25 June 2009 between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures (1), and in particular Article 19(4) and (5),
      HAS AGREED AS FOLLOWS:
      CHAPTER I
      
         RULES OF PROCEDURE
      
      Article 1
      Composition and chair
      The Joint Committee shall be composed of representatives of the European Union and representatives of the Swiss Confederation. The committee shall be chaired alternately by the parties for one calendar year.
      Before each meeting, the chair shall be informed of the intended composition of the delegation of each party.
      If both parties agree, the Joint Committee may invite experts to its meetings to provide the specific information requested.
      Article 2
      Secretariat
      The chair shall carry out the tasks of secretary of the Joint Committee. All correspondence to the Joint Committee, including requests for items to be included in agendas, must be addressed to the chair.
      Article 3
      Meetings
      Once he has obtained the Agreement of the parties, the chair of the Joint Committee shall fix the date and place of meetings. Meetings shall be held alternately in Brussels and Switzerland.
      Article 4
      Agendas for meetings
      The chair shall draw up a provisional agenda for each meeting. It shall be forwarded to the parties not later than 10 days before the beginning of the meeting.
      The provisional agenda shall consist of those items in respect of which the request for inclusion has reached the chair at least 15 days before the beginning of the meeting. Supporting documentation must be received by both parties at least seven days ahead of the meeting. In cases of special urgency, these time limits may be shortened provided both parties agree.
      The agenda shall be adopted by the Joint Committee at the beginning of each meeting.
      Article 5
      Advertising
      Unless otherwise agreed, the meetings of the Joint Committee shall not be made public.
      The Joint Committee’s deliberations shall be confidential.
      Article 6
      Minutes of meeting
      After each meeting, the chair shall draw up the minutes. The draft minutes shall be submitted to the Joint Committee for approval. Once the minutes have been approved, they shall be signed by the chair and a copy sent to the parties.
      Article 7
      Adoption of instruments
      Recommendations and decisions within the meaning of Article 21 of the Agreement shall be entitled ‘recommendation’ and ‘decision’ respectively, followed by a serial number, the date of their adoption and a description of their subject. They shall be signed by the chair and sent to the parties.
      Article 8
      Written procedure
      In cases of special urgency, decisions and recommendations may be adopted by the written procedure provided both parties agree.
      Article 9
      Expenses
      Each party shall bear the expenses it incurs in taking part in the meetings of the Joint Committee.
      Article 10
      List of umpires
      The Joint Committee shall draw up a list of umpires as required in Annex III to the Agreement within two months of its decision to submit a dispute to arbitration as provided for in Article 29(3) of the Agreement.
      CHAPTER II
      
         WORKING PARTY
      
      Article 11
      Working group on customs security procedures and measures
      A working group shall be set up to assist the Joint Committee in carrying out its tasks in the areas referred to in Chapters II (procedures) and III (customs security measures) of the Agreement.
      Article 12
      Rules of procedure of the working group
      Articles 1 to 6 and 9 of this Decision shall apply, mutatis mutandis, to the meetings of the working group.
      Article 13
      Entry into force
      This Decision shall take effect on the day following its adoption.
      
         Done at Brussels, …
         
            
               For the Joint Committee
            
            
               The President
            
         
      
      
         (1)  OJ L 199, 31.7.2009, p. 24.