Date: 2021-03-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2021/416 of 22 February 2021 on the position to be taken on behalf of the European Union within the EU-Switzerland Joint Committee established by the Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures as regards the amendment of Chapter III of, and Annexes I and II to, that Agreement
Executive Summary:
This Council Decision establishes the European Union's position within the Joint Committee regarding amendments to the Agreement between the European Community and Switzerland on inspections, formalities, and customs security. The amendments concern Chapter III and Annexes I and II of the Agreement. Provisional implementation of the amendments is targeted for 15 March 2021, if possible. The Decision was adopted on 22 February 2021.
Key Points / Main Content:
* **Purpose:**
* Defines the EU's stance within the Joint Committee regarding the amendment of the Agreement with Switzerland.
* **Legal Basis:**
* Based on Article 207(4) and Article 218(9) of the Treaty on the Functioning of the European Union.
* **Agreement Amendment:**
* Concerns amendments to Chapter III and Annexes I and II of the Agreement.
* The Joint Committee can amend the Agreement via decisions or an Exchange of Letters.
* **Implementation:**
* Amendments should be implemented simultaneously in the Agreement and Union legislation.
* Provisional implementation is possible from 15 March 2021, pending internal procedures, coinciding with the Import Control System 2 release.
* The Union's position in the Joint Committee is based on the draft decision.
* **Entry into Force:**
* This Decision entered into force on 22 February 2021.
Impact Analysis:
European Union:
* Impact: The EU's position on the amendments to the Agreement with Switzerland is formally established.
* Action Required: Implement the decision within the Joint Committee and proceed with necessary legislative adjustments.
European Commission:
* Impact: The Commission's proposal forms the basis for the EU's position.
* Action Required: Continue to represent the EU in the Joint Committee and ensure the implementation of the amendments.
EUSwitzerland Joint Committee:
* Impact: The Joint Committee will act on the basis of the EU position to amend the agreement.
* Action Required: Amend Chapter III and Annexes I and II to the Agreement based on the agreed position.
Swiss Confederation:
* Impact: Switzerland is a party to the agreement and will be impacted by the amendments.
* Action Required: Implement corresponding changes in Swiss legislation and procedures, aligning with the amended Agreement, potentially from 15 March 2021.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
EUSwitzerland Joint Committee: A committee established by the Agreement between the European Community and the Swiss Confederation to manage and amend the agreement.
Swiss Confederation: The formal name for Switzerland, a federal republic in Europe.
European Community: A former organization that was integrated into the European Union.
Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures: A bilateral agreement focused on streamlining inspections, formalities, and customs security for goods transport between the European Community and Switzerland.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, defining its scope and operation.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
Import Control System 2: A system related to import control, in which Switzerland has agreed to participate.
L 81/70 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 9.3.2021
DECISIONS
COUNCIL DECISION (EU) 2021/416
of 22 February 2021
on the position to be taken on behalf of the European Union within the EU-Switzerland Joint
Committee established by the Agreement between the European Community and the Swiss
Confederation on the simplification of inspections and formalities in respect of the carriage of
goods and on customs security measures as regards the amendment of Chapter III of, and Annexes I
and II to, that Agreement
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) in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Agreement between the European Community and the Swiss Confederation on the simplification of inspections
and formalities in respect of the carriage of goods and on customs security measures(1) (the ‘Agreement’) entered
into force on 1 January 2011.
(2) Pursuant to Article 21(2) of the Agreement, the Joint Committee established by the Agreement (‘Joint Committee’)
may amend by its decisions Chapter III of, and the Annexes to, the Agreement during its next session or by an
Exchange of Letters.
(3) In accordance with Article 22(4) of the Agreement, if a decision cannot be adopted for the simultaneous
implementation of the amendments to the Agreement and the amendments to the Union legislation, the
amendments provided for in the draft decision submitted for the Contracting Parties’ approval are to be
implemented provisionally where possible from 15 March 2021 in compliance with the internal procedures of the
Contracting Parties. That choice of date coincides with the first release of the Import Control System 2, in which
Switzerland has agreed to participate.
(4) It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee as regards the
amendment of Chapter III of, and Annexes I and II to, the Agreement, as the amendment will be binding on the
Union.
(5) The position of the Union within the Joint Committee should therefore be based on the draft decision,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf within the Joint Committee established by the Agreement between the
European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the
carriage of goods and on customs security measures as regards the amendment of Chapter III of, and Annexes I and II to,
that Agreement shall be based on the draft decision of the Joint Committee(2).
(1) OJ L 199, 31.7.2009, p. 24.
(2) See document ST 5658/21 on http://register.consilium.europa.eu9.3.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 81/71
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 22 February 2021.
For the Council
The President
J. BORRELL FONTELLES