# Council Decision (EU) 2015/2367 of 30 November 2015 on the position to be taken on behalf of the European Union within the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products in relation to Decision No 1/2015 regarding the amendment of Appendices 1, 2, 3, 4, 5, 6, 7, 10 and 11 to Annex 11 to the Agreement, Attachment

Extent: E+W+S+N.I.

DRAFT
DECISION No 1/2015 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS
of…
regarding the amendment of Appendices 1, 2, 3, 4, 5, 6, 7, 10 and 11 to Annex 11 to the Agreement
THE JOINT VETERINARY COMMITTEE,
Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products and in particular Article 19(3) of Annex 11 thereto,
Whereas:
(1)
The Agreement between the European Community and the Swiss Confederation on trade in agricultural products ("the Agriculture Agreement") entered into force on 1 June 2002.
(2)
Under Article 19(1) of Annex 11 to the Agriculture Agreement, the Joint Veterinary Committee set up by the Agriculture Agreement ("the Joint Veterinary Committee") is responsible for considering any matter arising in connection with the said Annex and its implementation, and for carrying out the tasks provided for therein. Article 19(3) of that Annex authorises the Joint Veterinary Committee to amend the Appendices thereto, in particular with a view to their adaptation and updating.
(3)
Decision No 2/2003 of the Joint Veterinary Committee amended Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agriculture Agreement for the first time.
(4)
Decision No 1/2013 of the Joint Veterinary Committee last amended Appendices 1, 2, 3, 5, 6 and 10 of Annex 11 to the Agriculture Agreement.
(5)
A number of European Union and Swiss legislative provisions have been amended since the last amendment to Appendices 1, 2, 3, 5, 6 and 10 of Annex 11 to the Agricultural Agreement by Decision No 1/2013 of the Joint Veterinary Committee. Given the scale of the amendments, the references to the legislation were updated.
(6)
On 1 January 2013, the Swiss Federal Veterinary Office was transferred within the Federal Ministry of the Interior and merged with the Food Safety Division of the Federal Public Health Office to form one new agency on 1 January 2014. The new agency is called the Federal Food Safety and Veterinary Office. Following the merger, various legislative texts have had to be amended.
(7)
Switzerland has submitted to the Joint Veterinary Committee its plan stating the measures it intends to implement for the approval of its establishments for the purposes of Article 3 of Council Directive 2009/158/EC. Pursuant to the Agriculture Agreement, the Joint Veterinary Committee is the competent authority for approving this plan.
(8)
Until 31 December 2014, Switzerland may derogate from the Trichinella examination of carcasses and meat of domestic swine kept for fattening and slaughter in low-capacity slaughter establishments. These carcasses and meat and meat products produced from them must be marked with a special health stamp and may not be traded with the Member States of the European Union, in accordance with the provisions of Article 9a of the ordinance of the Federal Department of Home Affairs of 23 November 2005 on food products of animal origin (RS 817.022.108). Commission Regulation (EU) No 216/2014 amends the specific rules applicable to the official controls on Trichinella in meat and provides for the delayed application of some provisions. In order to facilitate the gradual amendment of current practice in Switzerland, the possibility of a derogation for the Trichinella examination should be extended until 31 December 2016.
(9)
In order to avoid a discontinuation of existing and well-functioning practices and to ensure a legal continuity which would not cause any foreseeable negative consequences it is appropriate to apply this Decision retroactively with effect from 1 January 2015.
(10)
This Decision should enter into force on the day it is adopted.
(11)
Appendices 1, 2, 3, 4, 5, 6, 7, 10 and 11 of Annex 11 to the Agriculture Agreement should be amended accordingly,
HAS ADOPTED THIS DECISION:
It shall apply retroactively with effect from 1 January 2015.
Done at Berne,
For the Swiss Confederation
For the European Union

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Source: https://www.legislation.gov.uk/eudn/2015/2367/attachment/1 (the official version)
Page: https://openlegislation.uk/eu-decision-2015-2367/attachment-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.