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Document 22017D0169

Decision No 1/2015 of the Joint Committee on Agriculture of 19 November 2015 concerning the amendment to Appendices 1, 2 and 4 to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products [2017/169]

OJ L 27, 1.2.2017, p. 155–168 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/dec/2017/169/oj

1.2.2017   

EN

Official Journal of the European Union

L 27/155


DECISION No 1/2015 OF THE JOINT COMMITTEE ON AGRICULTURE

of 19 November 2015

concerning the amendment to Appendices 1, 2 and 4 to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products [2017/169]

THE JOINT COMMITTEE ON AGRICULTURE,

Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, and in particular Article 11 thereof,

Whereas:

(1)

The Agreement between the European Community and the Swiss Confederation on trade in agricultural products entered into force on 1 June 2002.

(2)

The purpose of Annex 4 to the Agreement is to facilitate trade between the Parties in plants, plant products and other objects subject to plant health measures. The Annex has been supplemented by a number of appendices in accordance with Articles 1, 2 and 4.

(3)

Appendices 1, 2 and 4 to Annex 4 were replaced by Decision No 1/2010 of the Joint Committee on Agriculture.

(4)

Since the entry into force of Decision No 1/2010, the legislative provisions of the Parties in the plant health field have been amended in areas which affect the Agreement.

(5)

The legislation of the Parties lays down the conditions governing checks of plants, plant products and other objects appearing on the list set out in Appendix 1, originating in third countries, which are carried out at a place other than the point of entry into their respective territory. The conditions governing these checks should be specified when the two Parties are concerned.

(6)

Consequently Appendices 1, 2 and 4 to Annex 4 should be amended,

HAS DECIDED AS FOLLOWS:

Article 1

Appendices 1 and 2 to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products shall be replaced by the text contained in Annex I to this Decision.

Appendix 4 to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products shall be replaced by the text set out in Annex II to this Decision.

Article 2

This Decision shall enter into force on 1 January 2016.

Done at Bern, 19 November 2015.

For the Joint Committee on Agriculture

The President and Head of the Swiss Delegation

Adrian AEBI

The Head of the European Union Delegation

Lorenzo TERZI

The Committee Secretary

Thomas MAIER


ANNEX I

APPENDIX 1

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS

A.   Plants, plant products and other objects, originating in either Party, for which both Parties have similar legislation leading to equivalent results and recognition of the plant passport.

1.   Plants and plant products

1.1.   Plants of the genera Amelanchier Med., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Prunus L., other than Prunus laurocerasus L. and Prunus lusitanica L., Pyracantha Roem., Pyrus L. and Sorbus L., intended for planting, other than seeds,

1.2.   Plants of Beta vulgaris L. and Humulus lupulus L., intended for planting, other than seeds

1.3.   Plants of stolon- or tuber-forming species of Solanum L. or their hybrids, intended for planting

1.4.   Plants of Fortunella Swingle, Poncirus Raf. and their hybrids, Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. and Vitis L., other than fruit and seeds

1.5.   Without prejudice to point 1.6, plants of Citrus L. and their hybrids other than fruit and seeds

1.6.   Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles

1.7.   Wood originating in the Union which has totally or partially retained its natural round surface, with or without bark, or which is presented in the form of chips, particles, sawdust, wood waste or scrap,

(a)

has been obtained in whole or part from Platanus L., including wood which has not kept its natural round surface; and

(b)

meets one of the descriptions of Annex I, Part II of Council Regulation (EEC) No 2658/87 (1), which appear in the table below:

CN code

Description

4401 10 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 22 00

Non-coniferous wood, in chips or particles

ex 4401 30 80

Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or similar forms

4403 10 00

Wood in the rough, treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared

ex 4403 99

Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives

ex 4404 20 00

Non-coniferous split poles; piles and pickets of wood, pointed but not sawn lengthwise

ex 4407 99

Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

2.   Plants, plant products and other objects produced by producers whose production and sale is authorised to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States of the Union or Switzerland, that the production thereof is clearly separate from that of other products

2.1.   Plants, intended for planting (other than seeds) of the genera Abies Mill. and Apium graveolens L., Argyranthemum spp., Asparagus officinalis L., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L. and hybrids, Exacum spp., Fragaria L., Gerbera Cass., Gypsophila L., Impatiens L. (all varieties of New Guinea hybrids), Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium l'Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. and other plants of herbaceous species (other than plants of the family Gramineae) intended for planting (and other than bulbs, corms, rhizomes, seeds and tubers)

2.2.   Plants of Solanaceae, other than those referred to in point 1.3 intended for planting, other than seeds

2.3.   Plants of Araceae, Marantaceae, Musaceae, Persea spp. and Strelitziaceae, rooted or with growing medium attached or associated

2.4.   Plants of Palmae, having a diameter of the stem at the base of over 5 cm and belonging to the following genera or species: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth., Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.

2.5.   Plants, seeds and bulbs:

(a)

Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. intended for planting and plants of Allium porrum L. intended for planting

(b)

Seeds of Medicago sativa L.

(c)

Seeds of Helianthus annuus L., Solanum lycopersicum L. and Phaseolus L.

3.   Bulbs, corms, tubers and rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston ‘Golden Yellow’, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars and their hybrids of the genus Gladiolus Tourn. ex L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort., Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. and Tulipa L. intended for planting, produced by producers whose production and sale is authorised to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States of the Union or Switzerland that the production thereof is clearly separate from that of other products.

B.   Plants, plant products and other objects, originating outside the territories of the Parties, for which the plant-health provisions of both Parties relating to imports lead to equivalent results and which may be traded between them with a plant passport if they are listed in Part A of this Appendix or freely if not listed therein.

1.   Without prejudice to the plants listed in part C of this Appendix, all plants intended for planting, other than seeds but including the seeds of: Cruciferae, Gramineae, Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand and Uruguay, genera Triticum, Secale and X Triticosecale from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA, Citrus L., Fortunella Swingle and Poncirus Raf. and their hybrids, Capsicum spp., Helianthus annuus L., Solanum lycopersicum L., Medicago sativa L., Prunus L., Rubus L., Oryza spp., Zea mais L., Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L. and Phaseolus L.

2.   Parts of plants, other than fruits and seeds, of:

Castanea Mill., Dendranthema (DC.) Des Moul., Dianthus L., Gypsophila L., Pelargonium l'Herit. ex Ait, Phoenix spp., Populus L., Quercus L., Solidago L. and cut flowers of Orchidaceae,

Conifers (coniferales)

Acer saccharum Marsh., originating in the USA and Canada

Prunus L., originating in non-European countries

Cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. and Trachelium L., originating in non-European countries

Leafy vegetables of Apium graveolens L., Ocimum L., Limnophila L. and Eryngium L.

Leaves of Manihot esculenta Crantz

Cut branches of Betula L. with or without foliage

Cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

Amiris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. and Zanthoxylum L.

2.1.   Parts of plants, other than fruits but including seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour. and Vepris Comm.

3.   Fruits of:

Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, Momordica L. and Solanum melongena L.

Annona L., Cydonia Mill. Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L. Syzygium Gaertn., and Vaccinium L., originating in non-European countries.

Capsicum L.

4.   Tubers of Solanum tuberosum L.

5.   Isolated bark of:

conifers (Coniferales), originating in non-European countries,

Acer saccharum Marsh, Populus L., and Quercus L. other than Quercus suber L.,

Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

Betula L., originating in Canada and the USA.

6.   Wood within the meaning of the first subparagraph of Article 2(2) of Council Directive 2000/29/EC (2), where it:

(a)

has been obtained in whole or part from one of the order, genera or species as described hereafter, except wood packaging material defined in Annex IV, Part A, Section I, Point 2 of Directive 2000/29/EC:

Quercus L., including wood which has not kept its natural round surface, originating in the USA, except wood which meets the description referred to in (b) of CN code 4416 00 00 and where there is documented evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum temperature of 176 °C for 20 minutes

Platanus L., including wood which has not kept its natural round surface, originating in the USA or Armenia

Populus L., including wood which has not kept its natural round surface, originating in countries of the American continent

Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the USA and Canada

Conifers (Coniferales), including wood which has not kept its natural round surface, originating in non-European countries, Kazakhstan, Russia and Turkey

Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., including wood which has not kept its natural round surface, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA

Betula L., including wood which has not kept its natural round surface, originating in Canada and the USA; and

(b)

meets one of the descriptions of Annex I, Part II of Regulation (EEC) No 2658/87, which appear in the table below:

CN code

Description

4401 10 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 21 00

Coniferous wood, in chips or particles

4401 22 00

Non-coniferous wood, in chips or particles

ex 4401 30 40

Sawdust, not agglomerated in logs, briquettes, pellets or similar forms

ex 4401 30 80

Other wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms

4403 10 00

Wood in the rough, treated with paint, stains, creosote or other preservatives, not stripped of bark or sapwood, or roughly squared

4403 20

Coniferous wood in the rough, other than treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared

4403 91

Oak wood (Quercus spp.) in the rough, other than treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared

ex 4403 99

Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.), beech (Fagus spp.) or birch (Betula L.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives

4403 99 51

Sawlogs of birch (Betula L.) in the rough, whether or not stripped of bark or sapwood, or roughly squared

4403 99 59

Wood of birch (Betula L.) in the rough, whether or not stripped of bark or sapwood, or roughly squared, other than sawlogs

ex 4404

Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise

4406

Railway or tramway sleepers (cross-ties) of wood

4407 10

Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

4407 91

Oak wood (Quercus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

ex 4407 93

Wood of Acer saccharum Marsh, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

4407 95

Wood of ash (Fraxinus spp.) sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

ex 4407 99

Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus spp.) or ash (Fraxinus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

4408 10

Coniferous sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm

4416 00 00

Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves

9406 00 20

Pre-fabricated constructions made of wood

7.   Soil and growing medium

(a)

Soil and growing medium as such, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat.

(b)

Soil and growing medium, attached to or associated with plants, consisting in whole or in part of material specified in (a) or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in:

Turkey,

Belarus, Georgia, Moldova, Russia or Ukraine,

non-European countries, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.

8.   Grain of the genera Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA.

C.   Plants, plant products and other objects, coming from either Party, for which the Parties do not have similar legislation and do not recognise the plant passport.

1.   Plants and plant products coming from Switzerland which must be accompanied by a plant-health certificate when imported by a Member State of the Union

1.1.   Plants intended for planting, not including seeds

Not applicable

1.2.   Parts of plants, not including fruit or seeds

Not applicable

1.3.   Seeds

Not applicable

1.4.   Fruits

Not applicable

1.5.   Wood which has totally or partially retained its natural round surface, with or without bark, or which is presented in the form of chips, particles, sawdust, wood waste or scrap

(a)

has been obtained in whole or part from Platanus L., including wood which has not kept its natural round surface; and

(b)

meets one of the descriptions of Annex I, Part II of Regulation (EEC) No 2658/87, which appear in the table below:

CN code

Description

4401 10 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 22 00

Non-coniferous wood, in chips or particles

ex 4401 30 80

Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or similar forms

4403 10 00

Wood in the rough, treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared

ex 4403 99

Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives

ex 4404 20 00

Non-coniferous split poles; non-coniferous piles and pickets of wood, pointed but not sawn lengthwise

ex 4407 99

Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

2.   Plants and plant products coming from a Member State of the Union which must be accompanied by a plant-health certificate when imported into Switzerland

Not applicable

3.   Plants and plant products coming from Switzerland importation of which into a Member State of the Union is prohibited

Plants, not including fruit or seeds

Not applicable

4.   Plants and plant products coming from a Member State of the Union importation of which into Switzerland is prohibited

Plants:

 

Cotoneaster Ehrh.

 

Photinia davidiana (Dcne.) Cardot (3)

APPENDIX 2

LEGISLATION  (4)

Provisions of the Union

Council Directive 69/464/EEC of 8 December 1969 on control of potato wart disease

Council Directive 74/647/EEC of 9 December 1974 on control of carnation leaf-rollers

Commission Decision 91/261/EEC of 2 May 1991 recognising Australia as being free from Erwinia amylovora (Burr.) Winsl. et al.

Commission Directive 92/70/EEC of 30 July 1992 laying down detailed rules for surveys to be carried out for purposes of the recognition of protected zones in the Community

Commission Directive 92/90/EEC of 3 November 1992 establishing obligations to which producers and importers of plants, plant products or other objects are subject and establishing details for their registration

Commission Directive 92/105/EEC of 3 December 1992 establishing a degree of standardisation for plant passports to be used for the movement of certain plants, plant products or other objects within the Community, and establishing the detailed procedures related to the issuing of such plant passports and the conditions and detailed procedures for their replacement

Commission Decision 93/359/EEC of 28 May 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of wood of Thuja L., originating in the United States of America

Commission Decision 93/360/EEC of 28 May 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of wood of Thuja L., originating in Canada

Commission Decision 93/365/EEC of 2 June 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of heat-treated coniferous wood, originating in Canada, and establishing the details of the indicator system to be applied to the heat-treated wood

Commission Decision 93/422/EEC of 22 June 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in Canada, and establishing the details of the indicator system to be applied to the kiln dried wood

Commission Decision 93/423/EEC of 22 June 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in the United States of America, and establishing the details of the indicator system to be applied to the kiln dried wood

Commission Directive 93/50/EEC of 24 June 1993 specifying certain plants not listed in Annex V, Part A to Council Directive 77/93/EEC, the producers of which, or the warehouses, dispatching centres in the production zones of such plants, shall be listed in an official register

Commission Directive 93/51/EEC of 24 June 1993 establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and moving within such a protected zone

Council Directive 93/85/EEC of 4 October 1993 on the control of potato ring rot

Commission Directive 94/3/EC of 21 January 1994 establishing a procedure for the notification of interception of a consignment or a harmful organism from third countries and presenting an imminent phytosanitary danger

Commission Directive 98/22/EC of 15 April 1998 laying down the minimum conditions for carrying out plant health checks in the Community, at inspection posts other than those at the place of destination, of plants, plant products or other objects coming from third countries

Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.

Commission Decision 98/109/EC of 2 February 1998 authorising Member States temporarily to take emergency measures against the dissemination of Thrips palmi Karny as regards Thailand

Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Commission Decision 2002/757/EC of 19 September 2002 on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov.

Commission Decision 2002/499/EC of 26 June 2002 authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea

Commission 2002/887/EC Decision of 8 November 2002 authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in Japan

Commission Decision 2004/200/EC of 27 February 2004 on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus

Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks

Implementing rules: when the point of entry of the plants, plant products and other objects listed in Appendix 1 coming from third countries is located in the territory of one of the Parties, but the point of destination is located in the territory of the other Party, the documentary, identity and plant health checks shall be carried out at the point of entry if there is no specific agreement between the competent authorities of the point of entry and the point of destination. Where there is a specific agreement between the competent authorities of the point of entry and the point of destination, this shall be by written agreement.

Commission Directive 2004/105/EC of 15 October 2004 determining the models of official phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC

Commission Decision 2004/416/EC of 29 April 2004 on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil

Commission Decision 2005/51/EC of 21 January 2005 authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes

Commission Decision 2005/359/EC of 29 April 2005 providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards oak (Quercus L.) logs with bark attached, originating in the United States of America

Commission Decision 2006/473/EC of 5 July 2006 recognising certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to citrus)

Council Directive 2006/91/EC of 7 November 2006 on control of San José scale

Commission Decision 2007/365/EC of 25 May 2007 on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier)

Council Directive 2007/33/EC of 11 June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC

Commission Decision 2007/433/EC of 18 June 2007 on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O'Donnell

Commission Directive 2008/61/EC of 17 June 2008 establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections

Commission implementing Decision 2011/778/EU of 28 November 2011 authorising certain Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of seed potatoes originating in certain provinces of Canada

Commission implementing Decision 2011/787/EU of 29 November 2011 authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt

Commission Implementing Decision 2012/138/EU of 1 March 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster)

Commission Implementing Decision 2012/219/EU of 24 April 2012 recognising Serbia as being free from Clavibacter michiganensis ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al.

Commission Implementing Decision 2012/270/EU of 16 May 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)

Commission Implementing Decision 2012/697/EU of 8 November 2012 as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry)

Commission Implementing Decision 2012/756/EU of 5 December 2012 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto

Commission Implementing Decision 2013/92/EU of 18 February 2013 on the supervision, plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities originating in China

Commission Implementing Decision 2013/413/EU of 30 July 2013 authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon

Commission Implementing Decision 2013/754/EU of 11 December 2013 on measures to prevent the introduction into and the spread within the Union of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), as regards South Africa

Commission Implementing Decision 2013/780/EU of 18 December 2013 providing for a derogation from Article 13(1)(ii) of Council Directive 2009/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America

Commission Implementing Decision 2013/782/EU of 18 December 2013 amending Decision 2002/757/EC as regards the phytosanitary certificate requirement in respect of the harmful organism Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov. for bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. originating in the United States of America

Commission Recommendation 2014/63/EU of 6 February 2014 on measures to control Diabrotica virgifera virgifera Le Conte in Union areas where its presence is confirmed

Commission Implementing Decision 2014/422/EU of 2 July 2014 setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa

Commission Implementing Decision 2014/917/EU of 15 December 2014 setting out detailed rules for the implementation of Council Directive 2000/29/EC as regards the notification of the presence of harmful organisms and of measures taken or intended to be taken by the Member States

Commission Implementing Decision 2014/924/EU of 16 December 2014 providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards wood and bark of ash (Fraxinus L.) originating in Canada and the United States of America

Commission Implementing Decision (EU) 2015/179 of 4 February 2015 authorising Member States to provide for a derogation from certain provisions of Council Directive 2000/29/EC in respect of wood packaging material of conifers (Coniferales) in the form of ammunition boxes originating in the United States of America under the control of the United States Department of Defence

Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)

Swiss provisions

Ordinance of 27 October 2010 on plant protection (RS 916.20)

Ordinance of the Federal Department of Economic Affairs of 15 April 2002 on prohibited plants (RS 916.205.1)

Ordinance of the Federal Office for Agriculture of 13 March 2015 on temporary plant-health measures (RS 916.202.1)

Ordinance of the Federal Office for Agriculture of 24 March 2015 prohibiting the import of certain fruits and vegetables originating in India (RS 916.207.142.3)

Decision of general scope of the Federal Office for the Environment of 14 December 2012 on the application of the standard NIMP 15 to imports of goods from third countries in wood packaging (fosc.ch 130 244)

Decision of general scope of 9 August 2013 on measures to prevent the introduction and spread of the genus Pomacea (Perry) (FF 2013 5917)

Decision of general scope of 9 August 2013 on measures to prevent the introduction and spread of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu and Goto (FF 2013 5911)

Decision of general scope of the Federal Office for Agriculture of 16 March 2015 setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction and spread of Phyllosticta citricarpa (McAlpine) Van der Aa (FF 2015 2596)

Directive No 1 of the Federal Office for Agriculture of 1 January 2012 to the cantonal plant health services and organisations responsible for the monitoring and control of potato cyst nematodes (Globodera rostochiensis and Globodera pallida)

Manual of the Federal Office for the Environment of 30 March 2015 on management of the pine wood nematode (Bursaphelenchus xylophilus)


(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).

(3)  By way of derogation from point 4, the entry and transit of these plants through Swiss territory are authorised but the placing on the market, production and growing of these plants are prohibited in Switzerland.

(4)  Unless indicated otherwise, any reference to an act shall mean that act as amended at the latest on 1 July 2015.


ANNEX II

‘APPENDIX 4 (1)

ZONES REFERRED TO IN ARTICLE 4 AND SPECIAL REQUIREMENTS RELATING TO THEM

The zones referred to in Article 4 and the special requirements relating to them which must be complied with by both Parties are defined in the two Parties' respective legislative and administrative provisions set out below.

Provisions of the Union

Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Commission Regulation (EC) No 690/2008 of 4 July 2008 recognising protected zones exposed to particular plant health risks in the Community

Swiss provisions

Ordinance of 27 October 2010 on plant protection, Annex 12, (RS 916.20)



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