31.12.2008 Official Journal of the European Union L 35223 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COUNCIL COUNCIL DECISION of 18 December 2008 on the signing on behalf of the Community and the provisional application of the Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the Furopean Community and the Swiss Confederation on trade in agricultural products (2008/979/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 37, 133 and 152(4)(b), in conjunction with the first subparagraph of Article 300(2) thereof, Having regard to the proposal from the Commission, Whereas: (), On 25 October 2004 the Council authorised the Commission to open negotiations with the Swiss Confed- eration with a view to updating and adapting the Agreement between the European Community and the Swiss Confederation on trade in agricultural products. (2)  The Community and the Swiss Confederation have nego- tiated an Agreement amending Annex 11 to the said Agreement. (3)  The Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products should be signed and applied on a provisional basis from 1 January 2009 pending the completion of the procedures for its formal conclusion, HAS DECIDED AS FOLLOWS: Article 1 The signing of the Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, and the Final Act thereto, is hereby approved on behalf of the Community, subject to the conclusion of the said Agreement. The text of the Agreement is attached to this Decision. Article 2 The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement, and the Final Act thereto, on behalf of the Community, subject to its conclusion. Article 3 Pending the completion of the procedures required for its conclusion, the Agreement shall apply provisionally from 1 January 2009 in accordance with Article 2 thereof. Article 4 This Decision shall be published in the Official Journal of the European Union. Done at Brussels, 18 December 2008. For the Council The President M. BARNIER