Explanatory Memorandum to COM(2012)696 - EU position on amending certain appendices to the Agreement with Switzerland on trade in agricultural products

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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 Agriculture Agreement. In particular, the legislation affecting animal by-products not intended for human consumption has been revised.

Legislation on the protection of animals at the time of slaughter has been updated and Council Regulation (EC) No 1099/2009 of 24 September 2009 will enter into force at the start of 2013. For animal products exported to the EU, third countries are required to meet requirements which are at least equivalent to those set out in the Regulation. Switzerland has adopted legislation equivalent to that of the European Union.

Since its entry into force, the legislative provisions of Appendices 1, 2, 5, 6 and 10 of Annex 11 to the Agriculture Agreement have been amended.

The provisions of Appendices 1, 2, 5, 6 and 10 of Annex 11 to the Agriculture Agreement should be adopted accordingly.

Article 19 i 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. In particular, the Joint Veterinary Committee has power of decision in the cases provided for in Annex 11. Article 19 i 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 i of Decision 2002/309/EC, Euratom, the European Union’s position must be adopted by the Council on a proposal from the Commission.

Decision No 1/2012 of the Joint Veterinary Committee will be published in the Official Journal of the European Union.

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