Explanatory Memorandum to COM(2010)366 - EU position on Decision No 1/2010 of the Joint Veterinary Committee set up by the Agreement with Switzerland on trade in agricultural products regarding the amendment of Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agreement

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The Agreement between the European Community and the Swiss Confederation on trade in agricultural products i (hereinafter referred to as the ‘Agriculture Agreement’) entered into force on 1 June 2002.

The Swiss Confederation has requested an extension to the previously granted derogation in respect of the Trichinella examination of carcasses and meat of domestic swine kept for fattening and slaughter in low-capacity slaughter establishments.

Since such carcasses and meat of domestic swine, as well as meat preparations, meat products and derived processed products thereof , may not be traded with the Member States of the European Union, pursuant to the provisions of Article 9(a) of the Swiss Ordinance on foodstuffs of animal origin issued by the Département Fédéral de l'Intérieur (RS 817.022.108), this request can be complied with. The previously granted derogation valid until 31 December 2009 is being extended until 31 December 2014.

Since the Agriculture Agreement entered into force, the legislative provisions of Appendices 1, 2, 5, 6 and 10 to Annex 11 have been amended. The contact points in Appendix 11 need to be updated.

It is necessary to adapt the provisions of Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agriculture Agreement accordingly.

Article 19 i of Annex 11 to the Agriculture Agreement sets up a Joint Veterinary Committee made up of representatives of the contracting 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 in particular to adopt decisions 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, with a view to adapting and updating them.

The European Union must adopt the position it is to take within the Joint Veterinary Committee regarding these necessary amendments to Annex 11. Under the first subparagraph of Article 5 i of Decision 2002/309/EC, Euratom i, the European Union’s position must be adopted by the Council on a proposal from the Commission.

Decision No 1/2010 of the Joint Veterinary Committee will be published in the Official Journal of the European Union.