AGREEMENT ON AGRICULTURE BETWEEN CANADA AND THE SWISS CONFEDERATION
Canada and the Swiss Confederation (hereinafter referred to as “ Switzerland ”),
RECALLING that a Free Trade Agreement between Canada and the States of the European Free Trade Association ( Iceland, Liechtenstein, Norway and Switzerland), hereinafter referred to as the “Free Trade Agreement”, was done on the date of signature of this Agreement; and
CONFIRMING that this Agreement forms part of the instruments establishing the free trade area between Canada and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation (the “EFTA States”) in accordance with paragraph 2 of Article 3 of the Free Trade Agreement;
HAVE AGREED as follows:
1. This Agreement governs the trade in the following products between the Parties to this Agreement:
(a) products classified in Chapters 1 through 24 of the Harmonized Commodity Description and Coding System, and not included in Annexes G or H of the Free Trade Agreement; and
(b) products not covered by Article 10 of the Free Trade Agreement according to Annex F of that Agreement.
2. This Agreement shall likewise apply to the Principality of Liechtenstein as long as the Customs Union Treaty of 29 March 1923 between Switzerland and the Principality of Liechtenstein remains in force.
1. Canada shall grant tariff concessions to agricultural products originating in Switzerland as specified in Annex 1 to this Agreement. Switzerland shall grant tariff concessions to agricultural products originating in Canada as specified in Annex 2 to this Agreement.
2. Paragraph 1 shall not prevent either Party from introducing, reintroducing or increasing a customs duty vis-à-vis the other Party that is authorized by or pursuant to the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994, in particular pursuant to the rules and procedures on dispute settlement, but excluding any modification of schedules and tariff modifications in accordance with Article XXVIII of the General Agreement on Tariffs and Trade 1994.
The Parties undertake to continue their efforts with a view to achieving further liberalisation of their agricultural trade taking account of the pattern of trade in agricultural products between the Parties, the particular sensitivities of such products, and the development of agricultural policy on both sides. The Parties shall, at the request of either Party, consult for the purpose of achieving further liberalisation of their agricultural trade, including improvements in market access by reduction or elimination of customs duties on goods and extending the scope of products covered by Annex 1 and Annex 2, after the entry into force of this Agreement.
The following provisions and chapter of the Free Trade Agreement shall apply, mutatis mutandis, between the Parties to this Agreement and are hereby incorporated into and made part of this Agreement: Articles 2, 4 through 8, 19, 22, 24, 25, and Chapter VIII (Dispute Settlement).
1. The Parties shall examine any issue that may arise in their trade in agricultural products pursuant to this Agreement and shall endeavour to find appropriate solutions. Issues that have a bearing on the operation of the free trade area between Canada and the EFTA States may also be discussed in the Joint Committee established by Article 26 of the Free Trade Agreement or in any relevant sub-committee or working group established by Article 9 of the Free Trade Agreement or by the Joint Committee.
2. Any issue that may arise from the application of provisions of the Free Trade Agreement that have been incorporated into and made part of this Agreement by virtue of Article 4 may be referred by either Party to the Joint Committee or to any relevant sub-committee or working group established by the Joint Committee.
The Parties confirm that products subject to tariff concessions in accordance with Article 2, do not benefit in their bilateral trade from export subsidies as defined in the WTO Agreement on Agriculture. Either Party shall provide further information and clarification to the other Party with respect to this commitment upon request.
Should a Party introduce or re-introduce a subsidy on exports of a product that is subject to a tariff concession in accordance with Article 2 and that is traded with the other Party, the other Party may increase the rate of duty on such imports up to the applied most-favoured-nation tariff in effect at that time.
For agricultural products other than those mentioned in Annex 1 and Annex 2, the Parties reaffirm their rights and obligations in respect of market access concessions and export subsidy commitments under the WTO Agreement on Agriculture.
The rights and obligations of the Parties relating to domestic support commitments shall be governed by the WTO Agreement on Agriculture.
Where this Agreement refers to or incorporates by reference extraneous agreements or legal instruments, or specific provisions therein, such references are intended to include related interpretative and explanatory notes.
1. This Agreement is subject to ratification, acceptance or approval. The Parties shall exchange their instruments of ratification, acceptance or approval.
2. This Agreement shall enter into force on the same date as the Free Trade Agreement enters into force between Canada and Switzerland.
3. This Agreement may be applied provisionally between Canada and Switzerland, as long as the Free Trade Agreement is applied provisionally between them.
This Agreement shall remain in force as long as the Parties to it remain Parties to the Free Trade Agreement.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.
Done in duplicate at Davos, this 26th day of January 2008, in the English and French languages, each version being equally authentic.
David L. Emerson
FOR THE SWISS CONFEDERATION