EN EN EN EUROPEAN COMMISSION Brussels, 9.11.2010 COM(2010) 648 final 2010/0317 (NLE) Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Union and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs, amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products EN EN EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL The two parties, the European Union and the Swiss Confederation, aim to ensure the mutual recognition of protected designations of origin (PDOs) and protected geographical indications (PGIs) in order to improve the conditions of bilateral trade, to promote quality in the food chain and to retain the value of sustainable rural development. The present proposal is the result of bilateral negotiations, conducted from October 2007 to December 2009. The agreement provides for the mutual protection of designations of origin and geographical indications protected by the respective Parties. 2. BUDGETARY IMPLICATIONS There is no budgetary implication. On the basis of the above, the Commission proposes that the Council designate the person(s) empowered to conclude the Agreement on behalf of the European Union. EN 2 EN 2010/0317 (NLE) Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Union and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs, amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) thereof, in conjunction with Article 218(6)(a)(v) thereof, Having regard to the proposal from the European Commission, Having regard to the approval of the European Parliament1, Whereas: (1) The Agreement between the European Community and the Swiss Confederation on trade in agricultural products2 (hereinafter called ‘the Agreement’) entered into force on 1 June 2002. (2) Article 12 of the Agreement provides that the Agreement may be reviewed at the request of either Party. (3) A joint declaration on the protection of geographical indications and designations of origin of agricultural products and foodstuffs has been attached to the Final Act of the Agreement. (4) The Commission has negotiated, on behalf of the European Union, an agreement between the latter and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs, which amends the Agreement by inserting a new Annex 12. (5) Euratom Decision 2002/309/EC of the 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 Confederation3 defines the internal procedure for adopting the European Union’s position on matters subject to decisions of the Joint Committee referred to in Article 6(3) of the Agreement. The internal 1 OJ C […] 2 OJ L 114, 30.4.2002, p.132. 3 OJ L 114, 30.4.2002, p.1. EN EN procedure for establishing the EU’s position on matters relating to Annex 12 should likewise be defined. (6) The Agreement between the European Union and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs should be concluded on behalf of the European Union, HAS ADOPTED THIS DECISION: Article 1 The Agreement between the European Union and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is hereby concluded. The text of the Agreement to be concluded between the European Union and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs is attached to this Decision. Article 2 The President of the Council shall designate the person empowered to deposit, on behalf of the European Union, the instrument of approval provided for in Article 3 of the Agreement between the European Union and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs, in order to express the consent of the European Union to be bound by the Agreement. Article 3 As regards matters relating to Annex 12 to the Agreement and the Appendices thereto, the European Union’s position on matters which are subject to the decisions of the Joint Committee for Agriculture as referred to in Article 6(3) of the Agreement shall be adopted by the Commission in accordance with the procedure laid down in Article 15 of Regulation (EC) No 510/2006. EN EN Article 4 This Decision shall enter into force on the date of its adoption. It shall be published in the Official Journal of the European Union. The date of entry into force of the Agreement between the European Union and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs shall be published in the Official Journal of the European Union. Done at Brussels, For the Council The President EN EN ANNEX AGREEMENT Agreement between the European Union and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs, amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products Preamble The European Union hereinafter referred to as ‘the Union’, The Swiss Confederation, hereinafter referred to as ‘Switzerland’, hereinafter referred to as the ‘Parties’, Whereas the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter referred to as ‘the Agreement’) came into force on 1 June 2002, Having made a commitment to promoting, between themselves, the harmonious development of designations of origin and geographical indications (hereinafter referred to as ‘GIs’) and to facilitating, by means of the protection of such designations and indications, bilateral trade in agricultural products and foodstuffs originating in the Parties which have been granted a GI under the Parties’ respective legislation, and also to updating regularly the list of GIs protected under this Agreement, Whereas they have developed converging legislation concerning the protection of GIs in their respective territories, Whereas they have conducted an examination and public consultation on the protection of the GIs listed in this Agreement, The following has been agreed: Article 1 Amendments The Agreement is amended as follows: 1. Article 5(1) shall be amended as follows: – the introductory wording is replaced by the following: ‘The way technical obstacles to trade in agricultural products are to be reduced in the following fields shall be as set out in Annexes 4 to 12 hereto:’ – the following indent is to be added: EN 6 EN ‘ – Annex 12 on the protection of designations of origin and geographical indications for agricultural products and foodstuffs’. 2. The following paragraph shall be added to Article 6: ‘8. The Committee is authorised to approve authentic versions of the agreement in new languages’. 3. Annex 12, as reproduced in the Annex to this agreement, shall be added. It shall form an integral part thereof in accordance with Article 15 of the Agreement. Article 2 Language versions The versions of the agreement in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Irish, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish languages shall be equally authentic. Article 3 Entry into force 1. This Agreement shall be ratified or approved by the Parties in accordance with their internal procedures. 2. The Parties shall notify each other of the completion of those procedures. 3. It shall enter into force on the first day of the second month following the date of the last notification. 4. The Annex to this Agreement shall remain in force for the same duration and under the same conditions as the Agreement. EN 7 EN ANNEX ‘Annex 12 on the protection of designations of origin and geographical indications for agricultural products and foodstuffs Article 1 Objectives The Parties agree to promote, between themselves, the harmonious development of designations of origin and geographical indications for agricultural products and foodstuffs (hereinafter referred to as ‘GIs’) and to facilitate, by means of the protection of such designations and indications, bilateral trade in those agricultural products and foodstuffs which have been granted a GI under the Parties’ respective legislation. Article 2 Legislative provisions of the Parties 1. The Parties’ legislation relating to the protection of GIs in their respective territories shall allow for a uniform procedure for protection which shall meet the Parties’ joint objectives. 2. Such legislation shall, inter alia, establish: – an administrative procedure enabling it to be verified that the GIs correspond to agricultural products or foodstuffs originating from a region or specific