HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
28.1.2011 Official
Journal
of
the
European
Union
L
25/5
COUNCIL DECISION
of 18 January 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 adaptation of Annex 3 to the Agreement
(2011/53/EU)
THE COUNCIL OF THE EUROPEAN UNION,
position within the Joint Committee on Agriculture shall
be adopted by the Council on a proposal from the
Having regard to the Treaty on the Functioning of the European
Commission.
Union, and in particular Article 207(4) first subparagraph, in
conjunction with Article 218(9) thereof,
(6) The
Union
should
therefore
take
the
position
set
out
in
the attached draft Decision within the Joint Committee
Having regard to the proposal from the European Commission,
on Agriculture,
Whereas:
HAS ADOPTED THIS DECISION:

Article 1
(1) The
Agreement
between
the
European
Community
and
the Swiss Confederation on trade in agricultural
The position to be taken by the European Union within the
products ( 1 ) (hereinafter referred to as ‘the Agreement’)
Joint Committee on Agriculture set up by the Agreement
entered into force on 1 June 2002.
between the European Community and the Swiss Confederation
on trade in agricultural products, as regards the adaptations of
the Agreement as far as bilateral trade in products falling under
(2) Article
6
of
the
Agreement
sets
up
a
Joint
Committee
on
Agriculture to be responsible for the administration of
heading 0406 of the Harmonised System is concerned to take
the Agreement and to ensure its proper functioning.
account of the fully liberalised trade in the sector, shall be based

on the draft Decision of the Joint Committee on Agriculture
attached to this Decision.
(3)
Article 11 of the Agreement provides that the Joint
Committee on Agriculture may decide to amend
Annexes to the Agreement.
Article 2

The Decision of the Joint Committee on Agriculture shall be
(4) In
order
to
take
into
account
the
full
liberalisation
in published in the Official Journal of the European Union without
bilateral trade in cheeses, with effect from 1 June 2007
delay after its adoption.
and the protection of geographical indications, to be
provided for in a new Annex 12 to the Agreement,
Article 3
which calls for consistency in the specifications in
particular those of cheeses, the necessary adaptations of
This Decision shall enter into force on the date of its adoption.
Annex 3 to the Agreement should be made.
(5) The first subparagraph of Article 5(2) of Decision
Done at Brussels, 18 January 2011.
2002/309/EC, Euratom of the Council and of the
Commission as regards the Agreement on Scientific
For the Council
and Technological Cooperation, of 4 April 2002 on
the conclusion of seven Agreements with the Swiss
The President
Confederation ( 2 ) provides that the European Union
MATOLCSY Gy.
( 1 ) OJ L 114, 30.4.2002, p. 132.
( 2 ) OJ L 114, 30.4.2002, p. 1.

---

L 25/6
EN
Official Journal of the European Union
28.1.2011
Draft
DECISION No …/2010 OF THE JOINT COMMITTEE ON AGRICULTURE
set up by the Agreement between the European Community and the Swiss Confederation on trade
in agricultural products
of …
concerning the amendment of Annex 3 to the Agreement between the European Community and
the Swiss Confederation on trade in agricultural products
THE JOINT COMMITTEE ON AGRICULTURE,
protection of geographical indications, to be provided for
in a new Annex 12,
Having regard to the Agreement between the European
HAS ADOPTED THIS DECISION:
Community and the Swiss Confederation on trade in agri
cultural products (
Article 1

1 ), hereinafter referred to as ‘the Agreement’,
and in particular Article 11 thereof,
Annex 3 to the Agreement between the European Community
and the Swiss Confederation on trade in agricultural products
Whereas:
and its appendices shall be replaced by the text in the Annex to
this Decision.
(1) The
Agreement
entered
into
force
on
1
June
2002.
Article 2
This Decision shall enter into force on the day after its adoption
(2) Annex
3
to
the
Agreement
provides
for
concessions by the Joint Committee.
regarding cheeses, in particular for gradual liberalisation
of trade in cheeses over a period of 5 years following the
entry into force of the Agreement.
Done at …, …
(3)
The European Union and the Swiss Confederation agree
to insert into the Agreement a new Annex 12 on the
For the Joint Committee on Agriculture
protection of designations of origin and geographical
indications for agricultural products and foodstuffs,
which calls for consistency in the specifications, in
particular those of cheeses.
The President and Head
The Head of the
of the Swiss Delegation
EU Delegation
(4)
As a consequence, Annex 3 needs to be revised to take
into account both the full liberalisation in bilateral trade
The Secretary
in cheeses, with effect from 1 June 2007, and the
of the Committee
( 1 ) OJ L 114, 30.4.2002, p. 132.

---

EN
28.1.2011 Official
Journal
of
the
European
Union
L
25/7
ANNEX
‘ANNEX 3
1. Bilateral trade in all products falling under heading 0406 of the Harmonised System is fully liberalised as from 1 June
2007 by abolishing all the tariffs and quotas.
2. The European Union shall not apply export refunds for cheeses exported to Switzerland. Switzerland shall not apply
export subsidies ( 1 ) for cheeses exported to the European Union.
3. All products falling under CN code 0406 originating in the European Union or in Switzerland and traded between
those two Parties are exempted from the presentation of an import licence.
4. The European Union and Switzerland shall ensure that the benefits they grant each other are not undermined by other
measures affecting imports and exports.
5. Should the development of prices and/or imports give rise to a disturbance on the market of either Party, consultations
shall be held as soon as possible within the Committee set up under Article 6 of the Agreement at the request of
either Party with a view to finding appropriate solutions. In this connection, the Parties hereby agree to exchange
information periodically on prices and any other relevant information on the market in locally produced and imported
cheeses.
( 1 ) The basic amounts on which the elimination of export subsidies were based were calculated by common agreement
by the Parties on the basis of the difference in the institutional prices for milk likely to be in force when the
Agreement entered into force, plus an additional amount for milk processed into cheese, obtained on the basis of
the quantity of milk needed to manufacture the cheeses concerned, minus (except in the case of cheeses subject to
quotas) the reduction of customs duty applied by the Community.’

---