AGREEMENT

in the form of an exchange of letters amending the Agreement between the European Economic Community and the Swiss Confederation

Brussels, ...

Your Excellency,

As a result of the implementation with effect from 1 January 1978 of the recommendation of the Customs Cooperation Council of 18 June 1976 concerning the amendment of the nomenclature for the classification of goods in Customs Tariffs, and of certain autonomous changes to the Common Customs Tariff and the Swiss Customs Tariff, adjustments should be made to the nomenclature of certain tariff specifications in the Agreement between the European Economic Community and the Swiss Confederation signed on 22 July 1972.

Moreover, in order to simplify the procedure to be followed in future for adjusting tariff specifications in the event of further amendments to the Customs Tariff of one or other of the Contracting Parties, an Article 12a should be inserted in the Agreement.

The amendments referred to above are annexed.

I have the honour to confirm the agreement of the Community to the amendments in question and I would propose that they enter into force with effect from 1 January 1978.

I should be obliged if you would confirm the agreement of your Government to the foregoing.

Please accept, Your Excellency, the assurance of my highest consideration.

On behalf of the Council of the European Communities

Brussels, ...

Sir,

I have the honour to acknowledge receipt of your letter of today's date worded as follows:

‘As a result of the implementation with effect from 1 January 1978 of the recommendation of the Customs Cooperation Council of 18 June 1976 concerning the amendment of the nomenclature for the classification of goods in Customs Tariffs, and of certain autonomous changes to the Common Customs Tariff and the Swiss Customs Tariff, adjustments should be made to the nomenclature of certain tariff specifications in the Agreement between the European Economic Community and the Swiss Confederation signed on 22 July 1972.

The amendments referred to above are annexed.

I have the honour to confirm the agreement of the Community to the amendments in question and I would propose that they enter into force with effect from 1 January 1978.

I should be obliged if you would confirm the agreement of your Government to the foregoing.’

I am able to confirm the agreement of my Government to the foregoing.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Government of the Swiss Confederation

ANNEX

AMENDMENTS TO BE MADE TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION

The following Article 12a shall be inserted after Article 12:

In the event of amendments to the customs tariff nomenclature of one or both of the Contracting Parties for products referred to in the Agreement, the Joint Committee may adapt the tariff nomenclature of those products in the Agreement to conform with such amendments having due regard to the principle that the advantages resulting from the Agreement should be maintained.

II.

From 1 January 1978 heading Nos 3706.01 and 3707.20/22 in Annex II to the Agreement shall be amended as follows:

Swiss Customs Tariff heading No

Description

Protective element to be abolished (Sfrs per metre)

3707.

Cinematograph film, exposed and developed whether or not incorporating sound track or consisting only of sound track, negative or positive:

—	Film consisting only of sound track

–

—

Other:

—	Other, of a width of:

—	35 mm and more

–

—	Less than 35 mm

–

III.

From 1 January 1978 Article 1 (1), (2) and (3) of Protocol 1 shall be amended as follows:

1. Customs duties on imports into the Community as originally constituted of products falling within Chapter 48 or 49 of the Common Customs Tariff shall be progressively abolished in accordance with the following timetable:

Timetable	Products falling within heading No or subheading 48.01 C II, 48.01 F, 48.07 C, 48.13 or 48.15 B	Other products
Timetable	Rates of duty applicable - percentage	Percentage of basic duties applicable
1 January 1978	8	65
1 January 1979	6	50
1 January 1980	6	50
1 January 1981	4	35
1 January 1982	4	35
1 January 1983	2	20
1 January 1984	0	0

2. Customs duties on imports into Ireland of products referred to in paragraph 1 shall be progressively abolished in accordance with the following timetable:

Timetable	Percentage of basic duties applicable
1 January 1978	20
1 January 1979	15
1 January 1980	15
1 January 1981	10
1 January 1982	10
1 January 1983	5
1 January 1984	0

3. By way of derogation from Article 3 of the Agreement, Denmark and the United Kingdom shall apply the following customs duties to imports of products in paragraph 1 which originate in Switzerland:

Timetable	Products falling within heading No or subheading 48.01 C II, 48.01 F, 48.07 C, 48.13 or 48.15 B	Other products
Timetable	Rates of duty applicable — percentage	Percentage of Common Customs Tariff duty applicable
1 January 1978	8	65
1 January 1979	6	50
1 January 1980	6	50
1 January 1981	4	35
1 January 1982	4	35
1 January 1983	2	20
1 January 1984	0	0

IV.

From 1 January 1978, the table in Article 2 (2) of Protocol 1 shall be amended as follows:

CCT heading No

Description

ex 73.02

81.03

(unchanged)

81.04

B.	(unchanged)

C.	(unchanged)

Chromium:

Unwrought; waste and scrap:

Other

II.

Other

E.	to R. (unchanged)

From 1 January 1978, Article 5 (1), (2) and (3) of Protocol 1 shall be amended as follows:

1. From 1 January 1978 customs duties on imports into Switzerland of products originating in the Community as originally constituted and in Ireland and listed in Annex C to this Protocol shall be progressively abolished in accordance with the following timetable:

Timetable	Percentage of basic duties applicable
1 January 1978	65
1 January 1979	50
1 January 1980	50
1 January 1981	35
1 January 1982	35
1 January 1983	20
1 January 1984	0

2. Customs duties on imports into Switzerland of products falling within Customs Cooperation Council Nomenclature heading No 4418 and originating in the Community as originally constituted and in Ireland shall be progressively abolished in accordance with the following timetable:

Timetable	Percentage of basic duties applicable
1 January 1978	65
1 January 1979	50
1 January 1980	40
1 January 1981	20
1 January 1982	0

3. From 1 January 1978 and by way of derogation from Article 3 of the Agreement, Switzerland reserves the right, in the light of its economic needs and administrative considerations, to apply the following customs duties to imports of products mentioned in Annex C and originating in Denmark and the United Kingdom:

Timetable	Percentage of basic duties applicable
1 January 1978	65
1 January 1979	50
1 January 1980	50
1 January 1981	35
1 January 1982	35
1 January 1983	20
1 January 1984	0

VI.

From 1 January 1978, Article 6 of Protocol 1 shall be amended as follows:

For products falling within Customs Cooperation Council Nomenclature heading Nos 4418, 4801 and 4807, Switzerland reserves the right to introduce, in the case of serious difficulties, indicative ceilings in accordance with the procedures defined in Article 3 of this Protocol. For imports exceeding the ceilings, customs duties not exceeding those applicable in respect of third countries may be reintroduced.

VII.

From 1 January 1978, the nomenclature of Annex A to Protocol 1 shall be amended as follows:

CCT heading No

Description

Chapter 48

(unchanged)

48.01

Paper and paperboard (including cellulose wadding), in rolls or sheets:

(unchanged)

ex II.

(unchanged)

ex F.

Other:

—	Bible paper, manifold (thin typing) paper; other printing paper and other writing paper, not containing mechanical wood pulp or in which mechanical wood pulp does not represent more than 5 %

—	Wallpaper base

48.03

(unchanged)

48.07

Paper and paperboard, impregnated, coated, surface-coloured, surface-decorated or printed (not constituting printed matter falling within Chapter 49), in rolls or sheets:

Other:

—	Coated printing or writing paper

—

Other

48.16

Boxes, bags and other packing containers, of paper or paperboard; box files, letter trays and similar articles, of paper or paperboard, of a kind commonly used in offices, shops and the like:

A.	Boxes, bags and other packing containers, of paper or paperboard

48.21

Other articles of paper pulp, paper, paperboard or cellulose wadding:

B.	Napkins and napkin liners, for babies, put up for retail sale

Other

ex Chapter 48

Other products falling within Chapter 48, excluding products falling within subheading 48.01 A

ex Chapter 49

(unchanged)

VIII.

From 1 January 1978, the nomenclature of Annex C to Protocol 1 shall be amended as follows:

Swiss Customs Tariff heading No	Description
4801	Paper and paperboard (including cellulose wadding), in rolls or sheets
4803.20	(unchanged)
4807	Paper and paperboard, impregnated, coated, surface-coloured, surface-decorated or printed (not constituting printed matter falling within Chapter 49), in rolls or sheets
4815.22	(unchanged)
4821.20	(unchanged)

IX.

From 1 January 1978, Table I in Protocol 2 shall be amended as follows:

EUROPEAN ECONOMIC COMMUNITY

CCT heading No

Description

Basic duties

Duty applicable on 1 July 1977

15.10

18.06

(unchanged)

19.02

Malt extract; preparations of flour, meal, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50 % by weight of cocoa:

A.	Malt extract

8 % + vc

Other

11 % + vc

19.03

19.05

(unchanged)

19.07

Bread, ships' biscuits and other ordinary bakers' wares, not containing added sugar, honey, eggs, fats, cheese or fruit; communion wafers, cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:

A.	Crispbread

9 % + vc with a max. of 24% + adf

Matzos

6 % + vc with a max. of 20 % + adf

C.	Communion wafers, cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

7 % + vc

Other

14 % + vc

19.08

(unchanged)

21.02

Extracts, essences or concentrates, of coffee, tea or mate and preparations with a basis of those extracts, essences or concentrates: roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof:

C.	Roasted chicory and other roasted coffee substitutes:

II.

Other

8 % + vc

D.	Extracts, essences and concentrates of roasted chicory and other roasted coffee substitutes:

II.

Other

14 % + vc

21.04

21.06

(unchanged)

21.07

Food preparations not elsewhere specified or included:

A.	(unchanged)

(unchanged)

B.	(unchanged)

(unchanged)

C.	(unchanged)

(unchanged)

D.	(unchanged)

(unchanged)

E.	(unchanged)

(unchanged)

Other:

I.	Containing no milkfats or containing less than 1·5 % by weight of such fats:

a)	Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose):

ex 1.

Containing no starch or containing less than 5 % by weight of starch:

—	Hydrolysates of proteins; autolysates of yeast

20%

2.	Containing by weight of starch 5 % or more

13 % + vc

b)	Containing 5 % or more but less than 15 % by weight of sucrose (including invert sugar expressed as sucrose)

13 % + vc

c)	Containing 15 % or more but less than 30 % by weight of sucrose (including invert sugar expressed as sucrose)

13% + vc

d)	Containing 30 % or more but less than 50 % by weight of sucrose (including invert sugar expressed as sucrose)

13 % + vc

e)	Containing 50 % or more but less than 85 % by weight of sucrose (including invert sugar expressed as sucrose)

13 % + vc

f)	Containing 85 % or more by weight of sucrose (including invert sugar expressed as sucrose)

13 % + vc

II.	Containing 1·5 % or more but less than 6 % by weight of milkfats

13 % + vc

III.	Containing 6 % or more but less than 12 % by weight of milkfats

13 % + vc

IV.	Containing 12 % or more but less than 18 % by weight of milkfats

13 % + vc

V.	Containing 18 % or more but less than 26 % by weight of milkfats

13 % + vc

VI.	Containing 26 % or more but less than 45 % by weight of milkfats:

—	In immediate packings of a net capacity of 1 kg or less

13 % + vc

—

Other

13 % + vc

6 % + vc

VII.	Containing 45 % or more but less than 65 % by weight of milkfats:

—	In immediate packings of a net capacity of 1 kg or less

13 % + vc

—

Other

13 % + vc

6 % + vc

VIII.

Containing 65 % or more but less than 85 % by weight of milkfats:

—	In immediate packings of a net capacity of 1 kg or less

13 % + vc

—

Other

13% + vc

6 % + vc

IX.	Containing 85 % or more by weight of milkfats:

—	In immediate packings of a net capacity of 1 kg or less

13 % + vc

—

Other

13 % + vc

6 % + vc

22.02

39.06

(unchanged)

From 1 January 1978, Table II in Protocol 2 shall be amended as follows:

SWITZERLAND

Swiss Customs Tariff heading No	Description	Basic duties(1)(Sfrs per 100 kg gross)	Duty applicable on 1 January 1978(1)(Sfrs per 100 kg gross)
1510.
ex 20	(unchanged)	(unchanged)	(unchanged)
1704.	Sugar confectionery, not containing cocoa:
	— chewing gum, with a sucrose content (by weight) of:
20	— — More than 70 %	41 + vc with a max. of 70	vc
22	— — More than 60 % but not more than 70 %	41 + vc with a max of 70	vc
24	— — 60 % or less	41 + vc with a max. of 70	vc
30	— White chocolate	53 + vc with a max. of 90	vc
32	— Sugar confectionery of all kinds, containing fruit (including fruit pastes), nougat, marzipan and similar ingredients	53 + vc with a max. of 90	vc
34	— Sugar confectionery of all kinds, of liquorice juice, containing more than 10 % by weight of sucrose	53 + vc with a max. of 90	vc
	— Sweets, tablets, pastilles and other moulded sugar confectionery:
	— — containing neither butyric fat nor vegetable fat, of a sucrose content (by weight) of:
40	— — — More than 70 %	53 + vc with a max. of 90	vc
42	— — — More than 50 % but not more than 70 %	53 + vc with a max. of 90	vc
44	— — — 50 % or less	53 + vc with a max. of 90	vc
46	— — Containing vegetable fat	53 + vc with a max. of 90	vc
48	— — Containing butyric fat	53 + vc with a max. of 90	vc
	— Other (other than products of heading No 1704.10/48), of a sucrose content (by weight) of:
50	— — More than 70 %	53 + vc with a max. of 90	vc
52	— — More than 50 % but not more than 70 %	53 + vc with a max. of 90	vc
54	— — 50 % or less	53 + vc with a max. of 90	vc
1806.	Chocolate and other foods preparations containing cocoa:
10	— Ice-cream (including ice-cream powders)	50	47·50
30	— Other (other than products of heading No 1806.10/20)	50	40
1902.	Malt extract; preparations of flour, meal, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50 % by weight of cocoa:
	— Malt extract, of a dry-extract content of:
02	— — More than 80 %	20 + vc	vc
03	— — 80 % or less	20 + vc	vc
	— Preparations in which potato flour predominates, whether or not in the form of semolina, flakes, etc. and preparations containing powdered milk:
	— — Containing more than 12 % by weight of butyric fat, in containers of:
08	— — — 2 kg or less	10 + vc	vc
	— — Containing no butyric fat or containing 12 % or less by weight of butyric fat:
10	— — — Infant food	10 + vc	vc
	— — — Other:
14	— — — — Containing more than 80 % by weight of potatoes	10 + vc	vc
16	— — — — Containing more than 50 % but not more than 80 % by weight of potatoes	10 + vc	vc
18	— — — — Other	10 + vc	vc
	— Other preparations:
	— — Containing more than 12 % by weight of butyric fat, in containers of:
22	— — — 2 kg or less	20 + vc with a max. of 40	vc
	— — Containing no butyric fat, or containing 12 % or less by weight of butyric fat:
	— — — Infant food:
30	— — — — Containing sugar	20 + vc with max. of 40	vc
32	— — — — Not containing sugar	20 + vc with max. of 40	vc
	— — — Other:
	— — — — Based on cereal flour, starches, cereal meal or malt extract:
40	— — — — — Containing fats	20 + vc with max. of 40	vc
42	— — — — — Not containing fats	20 + vc with max. of 40	vc
	— — — — Other:
50	— — — — — Containing fats	20 + vc with max. of 40	vc
	— — — — — Not containing fats:
52	— — — — — — Containing sugar or eggs	20 + vc with max. of 40	vc
70	— — — — — — Other	20 + vc with max. of 40	vc
1903.01 to 1905.01	(unchanged)	(unchanged)	(unchanged)
1907.	Bread, ship's biscuits and other ordinary bakers' wares, not containing added sugar, honey, eggs, fats, cheese or fruit; communion wafers, cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:
	— Bread, ships' biscuits and other ordinary bakers' wares:
10	— — Not put up in packagings for sale	5	4
	— — Put up for sale in packagings of any kind:
20	— — — Knäckebrot	15+ vc with a max. of 35	vc
22	— — — Unleavened bread (matzos)	15 + vc with a max. of 35	vc
30	— — — Other	15 + vc with a max. of 35	vc
50	— Other	40	32
1908.	Pastry, biscuits, cakes and other fine bakers' wares, whether or not containing cocoa in any proportion:
	— Unsweetened, not containing cocoa or chocolate:
10	— — Biscuits	27 + vc with a max. of 55	vc
12	— — Waffles	27 + vc with a max. of 55	vc
14	— — Rusks	27 + vc with a max. of 55	vc
16	— — Other fine bakers' wares	27 + vc with a max. of 55	vc
	— Sweetened or containing cocoa or chocolate:
	— — Biscuits:
20	— — — Containing butyric fat	60 + vc with a max. of 100	vc
22	— — — Other	60 + vc with a max. of 100	vc
30	— — Waffles	60+ vc with a max. of 100	vc
40	— — Rusks	60 + vc with a max. of 100	vc
50	— — Cakes	60 + vc with a max. of 100	vc
	— — Other fine bakers' wares:
70	— — — Containing butyric fat	60 + vc with a max. of 100	vc
72	— — — Containing other fats	60 + vc with a max. of 100	vc
76	— — — Not containing fat	60 + vc with a max. of 100	vc
ex 2102.	Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof:
ex 20	— Roasted coffee substitutes, whole or in pieces, excluding roasted chicory	2	1·60
ex 22	— Other, excluding roasted chicory products	21 + vc with a max. of 50	vc
2104. to 2106.	(unchanged)	(unchanged)	(unchanged)
ex 20	(unchanged)	(unchanged)	(unchanged)
2107.	Food preparations not elsewhere specified or including:
	— Non-alcoholic mixtures of vegetable extracts and concentrates:
	— — Sweetened, of a sucrose content (by weight) of:
10	— — — More than 60 %	120 + vc	vc
11	— — — More than 50 % but not more than 60 %	120 + vc	vc
12	— — — 50 % or less	120 + vc	vc
14	— — Unsweetened	120 + vc	vc
16 to 26	(unchanged)	(unchanged)	(unchanged)
30	— Ice-cream (including ice-cream powders)	110	100(2)
32	— Protein hydrolysates and yeast autolysates	110	30
34	— Prepared yoghourt	110	100
50	— Ravioli and similar farinaceous preparations, cooked and filled	44 + vc	vc
54	— Preparations, liquid or solid, containing 10 % or more other fats than butyric fat, of the kind used in making ordinary or fine bakers' wares	44 + vc	vc
58	— Chewing gum, and sweets, tablets, pastilles and similar products (unsweetened)	44 + vc	vc
	— Other food preparations (other than products falling within heading No 2107.02/58):
	— — Of a butyric fat content (by weight) of:
60	— — — More than 50 %	44 + vc	vc
62	— — — More than 20 % but not more than 50 %	44 + vc	vc
64	— — — More than 3 % but not more than 20 %	44 + vc	vc
66	— — — 3 % or less	44 + vc	vc
70	— — Containing other fats	44 + vc	vc
	— — Not containing fats:
	— — — Of a sugar content (by weight) of:
80	— — — — More than 50 %	44 + vc	vc
82	— — — — 50 % or less	44 + vc	vc
84	— — — Containing cereals, malt extract or eggs (unsweetened)	44 + vc	vc
90	— — — Other	44 + vc	vc
2202. to 3506.	(unchanged)	(unchanged)	(unchanged)
ex 20	(unchanged)	(unchanged)	(unchanged)
3507.	Enzymes; prepared enzymes not elsewhere specified or included:
ex 30	— Other:
	— — Prepared enzymes containing foodstuffs	44 + vc	vc
ex 3812.01 to 3906.	(unchanged)	(unchanged)	(unchanged)
ex 42	(unchanged)	(unchanged)	(unchanged)

XI.

From 1 January 1978, the list in Article 2 of Protocol 5 shall be amended as follows:

Swiss Customs Tariff heading No	Description
2707. to 3105.	(unchanged)
ex 10	(unchanged)
3809.	Wood tar; wood tar oils (other than the composite solvents and thinners falling within heading No 3818); wood creosote; wood naphtha; acetone oil; vegetable pitch of all kinds; brewers' pitch and similar compounds based on rosin or on vegetable pitch; foundry core binders based on natural resinous products:
ex 20	— Wood tar oils

(1) On products containing alcohol the charges are those imposed by Swiss customs legislation on alcohol.

(2) This rate will be reduced to 90 Sfrs when the sale of ice-cream incorporating vegetable fats is authorized throughout the Community.