Decision

8 June 2021: Decision No1/2021 of the UK-Switzerland Trade Joint Committee on agreeing rules of procedure

Updated 18 March 2024

THE SWITZERLAND – UK TRADE JOINT COMMITTEE,

RECALLING that the Agreement between the European Economic Community and the Swiss Confederation, done at Brussels on 22 July 1972 (“the Free Trade Agreement”) is incorporated into and made part of the Trade Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland (“the Trade Agreement”);

CONSIDERING that Article 6 of the Trade Agreement provides for the establishment of a Joint Switzerland-United Kingdom Committee (“the Joint Committee”), pursuant to Article 29 of the incorporated Free Trade Agreement, upon coming into effect of the Agreement;

HAVING REGARD to paragraph 3 of Article 29 of the incorporated Free Trade Agreement, providing that the Joint Committee shall adopt its own rules of procedure;

HAS ADOPTED THIS DECISION:

Article 1

The Rules of Procedure of the Switzerland – UK Trade Joint Committee as set out in the Annex to this Decision are hereby adopted.

Article 2

This Decision shall enter into force on the date of its adoption.

Adopted by exchange of electronic copies in the English language on 8. June 2021.

For Switzerland

THOMAS ZIMMERMAN

For the United Kingdom

CATHRYN LAW

Rules of procedure of the Switzerland- UK Trade Joint Committee

Rule 1: composition

1. The Joint Committee shall be composed of representatives of the Parties, as provided for in paragraph 1 of Article 30 of the incorporated Free Trade Agreement.

2. The Joint Committee shall be chaired alternately by a representative of Switzerland and a representative of the United Kingdom. The first Joint Committee meeting shall be chaired by Switzerland and the Chair shall thereafter alternate after each ordinary meeting according to paragraph 1 of Rule 2.

Rule 2: meetings

1. The Joint Committee shall meet whenever necessary but normally once a year, as provided for in paragraph 2 of Article 31 of the incorporated Free Trade Agreement.

2. Notwithstanding paragraph 1, the Joint Committee shall meet at the request of either Party in writing. Such a meeting of the Joint Committee shall take place within 30 days of receipt of the request, unless the Parties agree otherwise.

3. Each Joint Committee meeting shall be held by electronic means on a date mutually agreed by the Parties. The Parties may agree to hold physical meetings of the Joint Committee. In any such case, the location shall, unless the Parties agree otherwise, alternate between Berne and London.

4. The Parties shall exchange the names and titles of the delegates before each Joint Committee meeting.

5. Unless the Parties decide otherwise, the meetings of the Joint Committee shall not be open to the public.

Rule 3: relation to other joint committees

The Joint Committee may be authorized by the Joint Committees established under Article 11 of the incorporated Procurement Agreement, Article 6 of the incorporated Agriculture Agreement, Article 39 of the incorporated Anti-Fraud Agreement, and Article 19 of the incorporated Customs Security Agreement to coordinate or carry out their duties. In such cases, the decisions and recommendations adopted in accordance with Rule 7 shall be deemed to have been adopted by the Joint Committee of the relevant incorporated Agreement.

Rule 4: delegations

Each Party shall endeavor to include in the composition of its delegation officials with responsibility for representing that Party in the Joint Committees established under the incorporated Agreements.

Rule 5: agenda

1. A provisional agenda for each meeting shall be drawn up by the Chair. It shall include items in respect of which the Chair has received a request for inclusion in the agenda by a Party. Any such request, together with relevant documentation, shall be submitted to the Chair no later than 30 days before the beginning of the meeting, or such other period of time as may be agreed by the Parties.

2. The provisional agenda shall be consulted with the other Party no later than 25 days before the meeting.

3. The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Additional items may be included in the agenda if the Parties so agree.

Rule 6: joint reports

1. The Chair shall draft a Joint Report of the Joint Committee meeting. The Joint Report shall, as a general rule, contain the following:

(a) a summary of the statements made by the Parties, in particular, those whose inclusion in the Joint Report has been especially requested;

(b) the decisions, recommendations and declarations adopted by the Joint Committee, as well as other conclusions reached on specific issues;

(c) all documentation formally presented by a Party and agreed to be included as annexes to the Joint Report; and

(d) a list of participants.

2. The Joint Report shall be circulated to the representative of the other Party for approval. It should be approved in writing no later than three months after the date of the meeting. The approval may be provided through electronic means, if so agreed by the Parties. In such cases, the Chair shall distribute the proposed draft Joint Report to the other Party by electronic mail. The proposed Joint Report shall be deemed adopted on the date the other Party’s declaration of approval by electronic mail is received by the Chair.

Rule 7: decisions and recommendations

1. The Joint Committee shall adopt decisions and recommendations by mutual agreement, as provided for in paragraph 2 of Article 30 of the incorporated Free Trade Agreement.

2. The decisions and recommendations shall bear a number, the date of adoption and a title referring to their subject matter.

3. Each Party may, unless otherwise agreed, publish the decisions and recommendations adopted by the Joint Committee.

4. In the period between meetings or where a meeting of the Joint Committee is held by technological means, decisions and recommendations shall be signed by the Chair and forwarded to the other Party as an electronic copy by electronic mail for signature by the representative of the other Party, unless otherwise agreed by the Parties. In such cases, the other Party shall send the decision or recommendation signed by both Parties to the Chair as an electronic copy by electronic mail and the decision or recommendation shall be deemed adopted on the date of the second signature.

Rule 8: expenses

Expenses in connection with the organisation of a Joint Committee meeting shall be borne by the Party that hosts the meeting. The Parties shall bear the travel and lodging expenses of their delegations.

Rule 9: official language

The working language of the Joint Committee shall be English.

Rule 10: amendments

These rules may be amended by a decision of the Joint Committee.