Draft RECOMMENDATION NO 1/1999 OF THE JOINT COMMITTEE OF THE EUROPEAN COMMUNITY AND SWITZERLAND in respect of the simplification of certain veterinary checks on third country products of animal origin transiting the European Community to Switzerland - Draft common position of the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

1 The agreement between the European Economic Community and Switzerland on the simplification of inspections and formalities in respect of the carriage of goods entered into force on 1 July 1991 [1].

[1] OJ L 116, 8.5.1990, p. 18.

2 In accordance with Article 34 of Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries [2], Member States must apply from 1 July 1999 the regulations and administrative provisions necessary to comply with the Directive.

[2] OJ L 24, 30.1.1998, p. 9.

3 Council Directive 97/78/EC formulates new rules for veterinary controls in the case of transit of consignments from one third country to another third country across the EC, in order to safeguard animal and public health.

4 The new rules are laid down in Article 11 of Directive 97/78/EC in particular in paragraph 2 c, d and e, which require that transiting goods are sent under customs control from the border post of entry across the EC to a specified border post of exit where their departure from the Community must be certified by the Official Veterinarian. He must countersign the Annex B certificate accompanying the consignment and return it to the official veterinarian at the border post of entry, to confirm the exit from the Community of the consignment.

5 Concerns have been expressed by the Swiss Competent Authorities that the requirement for an exit check for products transiting the EC has the potential to cause serious delays for consignments that arrive at border inspection posts situated on the borders between the European Community and Switzerland.

6 In this context it is envisaged that an enhanced system of co-operation between the veterinary services of Switzerland and the EC be introduced. This co-operation will be organised for certain border inspection posts where flow of road traffic risks being paralysed without such an agreement.

7 The Commission requests Council to adopt as the Community position in the joint Committee the text of the present recommendation.

Draft

RECOMMENDATION NO 1/1999 OF THE JOINT COMMITTEE OF THE EUROPEAN COMMUNITY AND SWITZERLAND

in respect of the simplification of certain veterinary checks on third country products of animal origin transiting the European Community to Switzerland

The Joint Committee,

Having regard to the Agreement between the European Economic Community and the Confederation of Switzerland on the simplification of inspections and formalities in respect of the carriage of goods, and in particular articles 5, 11 paragraph 1, and 17 paragraph 1,

Whereas it is necessary to foresee a simplification of certain veterinary controls for products of animal origin in transit from a third country to Switzerland,

RECOMMENDS to the Contracting Parties to the Agreement:

that the Competent Veterinary Authorities of the two parties will co-operate in carrying out the exit checks required on transiting consignments falling under Directive 97/78/EC according to the procedure laid down in the Annex.

Done at Brussels,

For the Council

The President

ANNEX

Application of the provisions of Article 11.2 e of Council Directive 97/78/EC

1. The procedure described in the present annex is applicable in the following border inspection posts:

- France: Saint-Julien / Bardonnex

- France: Saint-Louis / Bâle

- Germany: Weil am Rhein / Basel

- Germany: Konstanz Strasse / Kreuzlingen

- Germany: Bietingen / Thayngen.

2. The procedure is applicable for all animal products with the exception of milk and milk products, eggs and egg products, and honey.

3. At the time of the control on entry of consignments into Switzerland carried out by the Swiss veterinary authorities, they shall collect the Annex B certificates accompanying the consignments. The authorities will also in all cases verify the concordance between the Annex B certificates and the products.

4. In principle the official veterinarian of the Community border inspection post will meet the Swiss official veterinarian in charge of co-ordination for any given post twice a week with a view:

- to examine the Animo messages received from the border inspection posts of entry, as well as the Annex B certificates referred to in point 3 above,

- to examine and discuss all problems arising from the transit operations envisaged in this Annex.