Explanatory Memorandum to COM(2015)217 - EU Position regarding the amendment of appendices of Annex 11 to the Agreement with Switzerland on trade in agricultural products

Please note

This page contains a limited version of this dossier in the EU Monitor.



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 i of the Treaty on the Functioning of the European Union, in conjunction with Article 218(9).