26.1.2005 Official Journal of the European Union L 23/17 II (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 22 December 2004 concerning the conclusion and the provisional application of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products (2005/45/EC) THE COUNCIL OF THE EUROPEAN UNION, HAS DECIDED AS FOLLOWS: Having regard to the Treaty establishing the European Article 1 Community, and in particular Article 133 in conjunction with Article 300(2) and Article 300(4) thereof, The Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products is hereby approved on behalf of the Community. Having regard to the proposal from the Commission, Whereas: The text of the Agreement is attached to this Decision. (1) The Council authorised the Commission to negotiate with the Swiss Confederation an Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Article 2 Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products. The position to be taken by the Community as regards decisions or recommendations of the Joint Committee that are based on Article 7 of Protocol 2 to the Agreement shall be laid down by (2) By Council Decision of 20 October 2004 ('), and subject the Commission. to its conclusion at a later date, the Agreement was signed on behalf of the Community on 26 October 2004. Article 3 (3)  The Agreement provides for its provisional application pending its entry into force. The President of the Council shall effect the notification provided for in Article 5(1) of the Agreement on behalf of the Community (). (4)  The Agreement should be approved, _— () The date of entry into force of the Agreement will be published in - the Official Journal of the European Union by the General Secretariat (*) Not published in the Official Journal. of the Council.