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3.12.2011 Official
Journal
of
the
European
Union L
320/33
COMMISSION IMPLEMENTING DECISION
of 19 October 2011
on the position to be taken by the European Union within the Joint Committee on Agriculture set
up by the Agreement between the European Community and the Swiss Confederation on trade in
agricultural products, as regards the amendment of Annex 9 to the Agreement
(2011/793/EU)
THE EUROPEAN COMMISSION,
(5) Pursuant
to
Article
11
of
the
Agreement,
the
Committee
may decide to amend the Annexes to the Agreement.
Having regard to the Treaty on the Functioning of the European
Union,
(6)
The Head of the European Union Delegation within the
Joint Committee on Agriculture expresses the European
Union’s support for the final version of the draft
Having regard to Decision 2002/309/EC, Euratom of the
Decision of the Joint Committee.
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 Confed
(7) The
measures
provided
for
by
this
Decision
are
in
eration ( 1 ), and in particular the sixth indent of the second
accordance with the opinion of the Committee set up
subparagraph of Article 5(2) thereof,
by Article 37 of Council Regulation (EC) No
834/2007 ( 5 ),
Whereas:
HAS ADOPTED THIS DECISION:
(1) The
Agreement
between
the
European
Community
and
the Swiss Confederation on trade in agricultural
products (
Article 1

2 ) (hereinafter referred to as ‘the Agreement’)
entered into force on 1 June 2002.
The European Union position within the Joint Committee on
Agriculture set up by Article 6 of the Agreement between the
European Community and the Swiss Confederation on trade in
(2) Article
6
of
the
Agreement
sets
up
a
Joint
Committee
on
Agriculture (hereinafter ‘the Committee’) to be
agricultural products is based on the draft Decision of the Joint
responsible for the administration of the Agreement
Committee on Agriculture annexed to this Decision.
and ensure its proper functioning.
Article 2
(3) In
accordance
with
Article
6(4)
and
(7)
of
the
Agreement, The Decision of the Joint Committee on Agriculture shall be
on 21 October 2003 the Committee adopted its Rules of
published in the Official Journal of the European Union after its
Procedure ( 3 ) and set up the working groups needed to
adoption.
administer the Annexes to the Agreement ( 4 ).
Done at Brussels, 19 October 2011.
(4) The
bilateral
Working
Group
on
Organic
Products
met
to
examine, in particular, the scope of Annex 9, the import
rules applied by the two Parties and the exchanges of
For the Commission
information between them to make recommendations
on this to the Committee with a view to adapting
Dacian CIOLO
Annex 9 to the Agreement.
Member of the Commission
( 1 ) OJ L 114, 30.4.2002, p. 1.
( 2 ) OJ L 114, 30.4.2002, p. 132.
( 3 ) Common position adopted by the Council on 21 July 2003;
Decision of the Joint Committee No 1/2003 of 21 October 2003
concerning the adoption of its Rules of Procedure (OJ L 303,
21.11.2003, p. 24).
( 4 ) Common position adopted by the Council on 21 July 2003;
Decision of the Joint Committee No 2/2003 of 21 October 2003
concerning the setting-up of the Working Groups and the adoption
of the terms of reference of those groups (OJ L 303, 21.11.2003,
p. 27).
( 5 ) OJ L 189, 20.7.2007, p. 1.

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L 320/34
EN
Official Journal of the European Union
3.12.2011
ANNEX
DRAFT
DECISION No 2/2011 OF THE JOINT COMMITTEE ON AGRICULTURE
of 25 November 2011
amending Annex 9 to the Agreement between the European Community and the Swiss
Confederation on trade in agricultural products
THE JOINT COMMITTEE ON AGRICULTURE,
(2) Article 6 is replaced by the following:
Having regard to the Agreement between the European
Community and the Swiss Confederation on trade in agri
‘Article 6
cultural products, and in particular Article 11 thereof,
Third countries and inspection bodies in third
countries
Whereas:
1. The
Parties
shall
do
their
utmost
to
ensure
that
the
import arrangements applicable to organically produced
products from third countries are equivalent.
(1) The
Agreement
between
the
European
Community
and
the Swiss Confederation on trade in agricultural products
(hereinafter referred to as ‘the Agreement’) entered into
2. With
a
view
to
ensuring
equivalence
in
practice
as
force on 1 June 2002.
regards recognition in the case of third countries and
inspection bodies in third countries, the Parties shall
establish appropriate collaboration in order to make use
(2) The
purpose
of
Annex
9
to
the
Agreement
is
to
facilitate
of their experience and shall consult each other before
and foster the bilateral trade flow of organic products
they recognise and include any third country or inspection
from the European Union and Switzerland.
body in the lists drawn up to that end in their laws and
regulations.’;
(3) Under
Article
8
of
Annex
9
to
the
Agreement,
the
Working Group on Organic Products examines all
issues relating to Annex 9 and its implementation and
(3) Article 7 is replaced by the following:
makes recommendations to the Committee. This group
met to examine, in particular, the scope of the
Agreement, the import rules applied by the two Parties
to the Agreement and the exchanges of information
‘Article 7
between them. The Working Group concluded that the
Exchange of information
content of the Articles of Annex 9 on these subjects
should be adapted to take account of developments in
1. Under
Article
8
of
the
Agreement,
the
Parties
and
organic production and the market for organic products,
Member States shall send each other the following
information and documents in particular:
HAS DECIDED AS FOLLOWS:
— a list of the competent authorities and inspection bodies
and their code numbers and reports on surveillance by
Article 1
the authorities charged with this task,
Annex 9 to the Agreement between the European Community
and the Swiss Confederation on trade in agricultural products is
hereby amended as follows:
— a list of the administrative decisions authorising imports
of organically produced products from third countries,
(1) Article 2 is amended as follows:
— details of irregularities or infringements of the laws and
(a) in paragraph 1, the word ‘plant’ is replaced by ‘agri
regulations listed in Appendix 1 altering the organic
cultural’;
character of a product; the level of communication
shall depend on the severity and the extent of the
irregularity or infringement found in accordance with
(b) paragraph 2 is deleted;
the Appendix.

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EN
3.12.2011 Official
Journal
of
the
European
Union L
320/35
2. The Parties shall guarantee the confidential treatment of the information referred to in the third
indent of paragraph 1.’;
(4) Appendix 1 and Appendix 2 shall be replaced, respectively, by Appendix 1 and Appendix 2 in the
Annex to this Decision.
Article 2
This Decision shall enter into force on 1 December 2011.
Done at Brussels, 25 November 2011.
For the Joint Committee on Agriculture
The Head of the EU
The President and Head of
The Committee Secretary
Delegation
the Swiss Delegation
Nicolas VERLET
Jacques CHAVAZ
Michal WRZNER

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L 320/36
EN
Official Journal of the European Union
3.12.2011
ANNEX
‘Appendix 1
List of acts referred to in Article 3 relating to organically produced agricultural products and foodstuffs
Regulations applicable in the European Union:
— Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and
repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1), as last amended by Council Regulation (EC) No
967/2008 of 29 September 2008 (OJ L 264, 3.10.2008, p. 1),
— Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation
of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to
organic production, labelling and control (OJ L 250, 18.9.2008, p. 1), as last amended by Commission Regulation
(EC) No 426/2011 of 2 May 2011 (OJ L 113, 13.5.2011, p. 1),
— Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of
Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third
countries (OJ L 334, 12.12.2008, p. 25), as last amended by Commission Regulation (EC) No 590/2011 of
20 June 2011 (OJ L 161, 21.6.2011, p. 9).
Regulations applicable in the Swiss Confederation:
— Ordinance of 22 September 1997 on organic farming and the labelling of organically produced plant products and
foodstuffs (Ordinance on organic farming), as last amended on 27 October 2010 (RO 2010 5859),
— Ordinance of the Département Fédéral de l’Economie of 22 September 1997 on organic farming, as last amended on
25 May 2011 (RO 2011 2369).
Exclusion from the equivalence arrangements:
— Swiss products based on ingredients produced under the arrangements for conversion to organic farming,
— Swiss goat products, where the animals are covered by the derogation provided for in Article 39d of the Ordinance
on organic farming and the labelling of organically produced products and foodstuffs (*).
(*) (RS 910.18)’
‘Appendix 2
Detailed rules for implementation
The rules on labelling concerning organic feed in force in the legislation of the importing Contracting Party shall apply to
the imports of the other Party.’

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