22001D0221(02)

Decision No 1/2000 of the EC-Switzerland Joint Committee

of 25 October 2000

amending the Agreement between the European Economic Community and the Swiss Confederation consequent upon the introduction of the Harmonised Commodity Description and Coding System

(2001/123/EC)

THE EC-SWITZERLAND JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Swiss Confederation signed in Brussels on 22 July 1972(1), hereafter referred to as "the Agreement", and in particular Article 12a thereof,

Whereas:

(1) Consequent upon the introduction of the Harmonised Commodity Description and Coding System, the Community and the Swiss Confederation amended their customs tariff nomenclature.

(2) The provisions referring to the tariff nomenclature in the Agreement should therefore be adjusted in line with the amendments,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement is hereby amended as follows:

1. Article 2 of the Agreement shall be replaced by the following:

"Article 2

The Agreement shall apply to products originating in the Community or Switzerland:

(i) which fall within Chapters 25 to 97 of the Harmonised Commodity Description and Coding System, excluding the products listed in Annex I;

(ii) which are specified in Annex II;

(iii) which are specified in Protocol 2, with due regard to the arrangements provided for in that Protocol."

2. The first subparagraph of Article 4(3) shall be replaced by the following:

"3. Switzerland may retain temporarily, while observing the conditions of Article 18, duties corresponding to the fiscal element contained in customs duties on imports of products specified in Annex III."

3. Article 7(2) shall be replaced by the following:

"2. In the case of products listed in Annex IV, customs duties on exports and charges having equivalent effect shall be abolished in accordance with the provisions of that Annex."

4. The first subparagraph of Article 14(1) shall be replaced by the following:

"1. The Community reserves the right to modify the arrangements applicable to the petroleum products falling within heading Nos 27.10, 27.11, ex 27.12 (excluding ozokerite and lignite/peat wax), and 27.13 of the Harmonised Commodity Description and Coding System upon adoption of decisions under the common commercial policy for the products in question or upon establishment of a common energy policy."

5. Annex I shall be replaced by the following:

"ANNEX I

List of products referred to in Article 2(i) of the Agreement

>TABLE>"

6. The following Annex II shall be inserted in the Agreement:

"ANNEX II

List of products referred to in Article 2(ii) of the Agreement

>TABLE>"

7. Annex II shall be replaced by the following:

"ANNEX III

List of products referred to in Article 4 of the Agreement

On 1 January 1997 Switzerland converted the fiscal element of customs duties on imports of products specified in Annex II to the 1972 Agreement into an internal tax. That Annex is therefore deleted."

8. The title of the former Annex III shall be replaced by the following:

"ANNEX IV"

9. Article 3 of Protocol 2 shall be replaced by the following:

"Article 3

1. This Protocol shall also apply to the alcoholic beverages of subheading Nos 2208.20 to 2208.90 (excluding undenatured ethyl alcohol of an alcoholic strength of less than 80 % vol) of the Harmonised Commodity Description and Coding System not specified in Tables I and II annexed to this Protocol. The rules governing tariff reductions applicable to these products shall be decided by the Joint Committee.

When defining these rules or at a later date, the Joint Committee shall decide whether to include in this Protocol other products of Chapters 1 to 24 of the Nomenclature of the Harmonised Commodity Description and Coding System which are not subject to agricultural regulations in the Contracting Parties.

2. On this occasion the Joint Committee shall supplement Protocol 3, if necessary."

10. Table I of Protocol 2 shall be replaced by the following:

"TABLE I

EUROPEAN COMMUNITY

>TABLE>"

11. Table II in Protocol 2 shall be replaced by the following:

"TABLE II

SWITZERLAND

>TABLE>"

12. The table in Article 2 of Protocol No 5 shall be replaced by the following:

">TABLE>"

Article 2

This Decision enters into force on the day of its adoption.

Done at Brussels, 25 October 2000.

For the EC-Switzerland Joint Committee

The President

D. Martinelli

(1) OJ L 300, 31.12.1972, p. 188.