52001SC0414

Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex I (Veterinary and Phytosanitary Matters) to the EEA Agreement - Draft common position of the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Sectoral adaptations of Annex I to the EEA Agreement lay down a transitional period, subject to a review by the EEA Joint Committee. In the course of this review Liechtenstein has requested an extension of the transitional period.

2. The circumstances that justified this transitional period have not changed. Liechtenstein currently applies Swiss legislation in this area and has no independent capacity to comply with the Community legislation. A possible result of the review provided for during 2001 is that Liechtenstein would be included in Annex XI of the agricultural agreement of 21 June 1999 with Switzerland, when that agreement is ratified by all its contracting parties.

3. The EEA Joint Committee should therefore adopt the attached decision to amend Annex I to the EEA Agreement.

4. Article 1(3)(b) of Council Regulation (EC) No 2894/94 concerning the arrangements for implementing the EEA Agreement envisages that the Council establishes the Community position for this kind of decisions.

5. The Council is therefore requested to agree to the attached draft Community position for adoption as an EEA Joint Committee Decision.

Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex I (Veterinary and Phytosanitary Matters) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as 'the Agreement', and in particular Article 98 thereof,

Whereas:

(1) Annex I to the Agreement was amended by Decision of the EEA Joint Committee No ... of ... [1].

[1] OJ L ...

(2) EEA Council Decision No 1/95 of 10 March 1995 [2] provided that Liechtenstein shall implement the provisions of Chapter I of Annex I to the Agreement by 1 January 2000, subject to review by the EEA Joint Committee during 1999.

[2] OJ L 86, 20.4.1995, p. 58.

(3) This review has shown that the specific circumstances in Liechtenstein that justified the transitional period have not changed and are unlikely to change in the foreseeable future.

(4) It is appropriate to extend the transitional period on this basis until 31 December 2001, pending a lasting arrangement to be implemented by that date,

HAS DECIDED AS FOLLOWS:

Article 1

The text of the first paragraph of the SECTORAL ADAPTATIONS to Annex I to the Agreement shall be replaced by the following:

'Liechtenstein is exempted from the provisions of Chapter I, "Veterinary issues", until 31 December 2001. The EEA Joint Committee shall review the situation during 2001 with a view to finding a lasting arrangement.'

Article 2

This Decision shall enter into force on [...], provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee [3].

[3] [No constitutional requirements indicated.] [Constitutional requirements indicated.]

It shall apply from 1 January 2000.

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, .

For the EEA Joint Committee

The President

The Secretaries to the EEA Joint Committee