02002A0430(04) — EN — 01.07.2017 — 005.004

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►B	AGREEMENT between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114 30.4.2002, p. 132)

Amended by:

		Official Journal
		No	page	date
M1	DECISIONNo 2/2003 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2004/78/EC of 25 November 2003	L 23	27	28.1.2004
M2	DECISIONNo 3/2004 OF THE JOINT COMMITTEE 2004/419/EC of 29 April 2004	L 151	118	30.4.2004
M3	DECISIONNo 1/2004 OF THE JOINT VETERINARY COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2004/480/EC of 28 April 2004	L 160	115	30.4.2004
M4	DECISIONNo 2/2004 OF THE JOINT VETERINARY COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2005/22/EC of 9 December 2004	L 17	1	20.1.2005
M5	DECISIONNo 2/2005 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2005/260/EC of 1 March 2005	L 78	50	24.3.2005
M6	DECISIONNo 1/2005 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2005/394/EC of 25 February 2005	L 131	43	25.5.2005
M7	DECISIONNo 3/2005 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2005/955/EC of 19 December 2005	L 346	33	29.12.2005
M8	DECISIONNo 4/2005 OF THE JOINT COMMITTEE ON AGRICULTURE 2005/956/EC of 19 December 2005	L 346	44	29.12.2005
M9	DECISIONNo 1/2006 OF THE JOINT VETERINARY COMMITTEE CREATED BY AN AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2007/61/EC of 1 December 2006	L 32	91	6.2.2007
►M10	DECISIONNo 1/2007 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2007/458/EC of 15 June 2007	L 173	31	3.7.2007
M11	DECISIONNo 1/2008 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2008/86/EC of 15 January 2008	L 27	21	31.1.2008
►M12	DECISIONNo 2/2008 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2008/692/EC of 24 June 2008	L 228	3	27.8.2008
M13	DECISIONNo 1/2008 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2009/13/EC of 23 December 2008	L 6	89	10.1.2009
►M14	AGREEMENT between the European Community and the Swiss Confederation amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products	L 136	2	30.5.2009
M15	DECISIONNo 1/2009 OF THE JOINT COMMITTEE ON AGRICULTURE 2010/265/EU of 9 December 2009	L 115	33	8.5.2010
M16	DECISION No 1/2010 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2010/797/EU of 1 December 2010	L 338	50	22.12.2010
M17	DECISIONNo 1/2010 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2011/83/EU of 13 December 2010	L 32	9	8.2.2011
►M18	DECISION No 1/2011 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2011/216/EU of 31 March 2011	L 90	53	6.4.2011
►M19	AGREEMENT between the European Union and the Swiss Confederation on the protection of designations of origin and geographical indications for agricultural products and foodstuffs, amending the Agreement between the European Community and the Swiss Confederation on trade in agricultural products	L 297	3	16.11.2011
►M20	DECISIONNo 1/2012 OF THE JOINT COMMITTEE ON AGRICULTURE, CREATED BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2012/295/EU of 3 May 2012	L 155	1	15.6.2012
►M21	DECISIONNo 2/2012 OF THE JOINT COMMITTEE ON AGRICULTURE, CREATED BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2012/296/EU of 3 May 2012	L 155	99	15.6.2012
M22	DECISIONNo 1/2013 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 2013/479/EU of 22 February 2013	L 264	1	5.10.2013
►M23	DECISIONNo 1/2013 OF THE JOINT COMMITTEE ON AGRICULTURE 2013/733/EU of 28 November 2013	L 332	49	11.12.2013
M24	DECISIONNo 1/2014 OF THE JOINT COMMITTEE ON AGRICULTURE 2014/373/EU of 9 April 2014	L 180	21	20.6.2014
►M25	DECISION No 2/2015 OF THE JOINT COMMITTEE ON AGRICULTURE of 19 November 2015	L 323	29	9.12.2015
►M26	DECISION No 1/2016 OF THE JOINT COMMITTEE ON AGRICULTURE of 16 November 2016	L 7	20	12.1.2017
►M27	DECISION No 1/2015 OF THE JOINT COMMITTEE ON AGRICULTURE of 19 November 2015	L 27	155	1.2.2017
►M28	DECISION No 1/2017 OF THE JOINT COMMITTEE ON AGRICULTURE of 22 June 2017	L 171	185	4.7.2017
►M29	DECISION No 1/2015 OF THE JOINT VETERINARY COMMITTEE CREATED BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS of 17 December 2015	L 112	1	8.4.2020
►M30	DECISION No 1/2018 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS of 12 June 2018	L 127	26	22.4.2020

Corrected by:

C1	Corrigendum, OJ L 142, 31.5.2002, p.  92  (2002/340)
C2	Corrigendum, OJ L 208, 10.6.2004, p.  101 (3/2004)
C3	Corrigendum, OJ L 212, 12.6.2004, p.  72 (1/2004)
C4	Corrigendum, OJ L 332, 6.11.2004, p.  59 (3/2004)

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▼B

AGREEMENT

between the European Community and the Swiss Confederation on trade in agricultural products

Article 1

Objective

1.  The objective of this Agreement shall be to strengthen the free-trade relations between the Parties by improving the access of each to the market in agricultural products of the other.

2.  ‘Agricultural products’ means the products listed in Chapters 1 to 24 of the International Convention on the Harmonised Commodity Description and Coding System. For the purposes of applying Annexes 1, 2 and 3 to this Agreement, the products falling under Chapter 3 and headings 16.04 and 16.05 of the Harmonised System and the products covered by CN codes 0511 91 10 , 0511 91 90 , 1902 20 10 and 2301 20 00 shall be excluded.

3.  This Agreement shall not apply to the subjects covered by Protocol 2 to the Free Trade Agreement, with the exception of the relevant concessions granted in Annexes 1 and 2 hereto.

Article 2

Tariff concessions

1.  Without prejudice to the concessions set out in Annex 3, the tariff concessions granted by Switzerland to the Community shall be as listed in Annex 1 hereto.

2.  Without prejudice to the concessions set out in Annex 3, the tariff concessions granted by the Community to Switzerland shall be as listed in Annex 2 hereto.

Article 3

Concessions regarding cheese

The specific provisions applicable to trade in cheeses shall be as set out in Annex 3 hereto.

Article 4

Rules on origin

The rules on origin mutually applicable under Annexes 1, 2 and 3 to this Agreement shall be as set out in Protocol 3 to the Free Trade Agreement.

Article 5

Removing technical barriers to trade

1.   ►M19  The way technical obstacles to trade in agricultural products are to be reduced in the following fields shall be as set out in Annexes 4 to 12 hereto: ◄

▼M19

▼B

2.  Article 1(2) and (3) and Articles 6, 7, 8, and 10 to 13 of this Agreement shall not apply to Annex 11.

Article 6

Joint Committee on Agriculture

1.  A Joint Committee (hereinafter referred to as ‘the Committee’) made up of representatives of the Parties shall be set up.

2.  The Committee shall be responsible for the administration of this Agreement and shall ensure its good functioning.

3.  The Committee shall be empowered to adopt decisions as provided for in this Agreement and the Annexes hereto. Such decisions shall be implemented by the Parties in accordance with their own rules.

4.  The Committee shall establish its own Rules of Procedure.

5.  The Committee shall act by mutual agreement.

6.  To ensure the proper implementation of this Agreement, the Parties shall hold consultations within the Committee at the request of either Party.

7.  The Committee shall set up the working groups needed to administer the Annexes to this Agreement. Its Rules of Procedure shall specify, in particular, the membership of such working groups and the way they are to operate.

▼M19

8.  The Committee is authorised to approve authentic versions of the agreement in new languages.

▼B

Article 7

Settlement of disputes

Either Party may bring a matter under dispute which concerns the interpretation or application of this Agreement to the Committee. The latter shall endeavour to settle the dispute. Any information which might be of use in making possible an in-depth examination of the situation with a view to finding an acceptable solution shall be supplied to the Committee. To this end, the Committee shall examine all possibilities to maintain the good functioning of this Agreement.

Article 8

Exchange of information

1.  The Parties shall exchange all relevant information regarding the implementation and application of this Agreement.

2.  Each Party shall inform the other of any changes it intends to make to laws, regulations and administrative provisions within the scope of this Agreement and shall notify the other Party of any new provisions as soon as possible.

Article 9

Confidentiality

Representatives, experts and other agents of the Parties shall be required, even after their duties have ceased, not to disclose information, obtained in the framework of this Agreement, which is covered by the obligation of professional secrecy.

Article 10

Safeguard measures

1.  Where, in connection with the application of Annexes 1, 2 and 3 to this Agreement and having regard to the special sensitivity of the agricultural markets of the Parties, imports of products originating in one Party cause or threaten to cause a serious disturbance on the markets of the other, the Parties shall immediately hold consultations to seek a suitable solution. Pending such a solution, the Party concerned may take any measures it deems necessary.

2.  Where safeguard measures as provided for in paragraph 1 or in the other Annexes hereto are taken:

▼M14

Article 11

Amendments

The Committee may decide to amend the Annexes and Appendices to the Annexes to the Agreement.

▼B

Article 12

Review

1.  Where either Party seeks a review of this Agreement, it shall submit a reasoned request to the other.

2.  The Parties may entrust the Committee with the task of considering any such request and, where appropriate, of putting forward recommendations, in particular with a view to holding negotiations.

3.  Any agreements resulting from negotiations as provided for in paragraph 2 shall be submitted for ratification or approval by the Parties in accordance with their respective procedures.

Article 13

Evolutionary clause

1.  The Parties hereby undertake to continue to work towards achieving gradually greater liberalisation of trade between them in agricultural products.

2.  To that end, the Parties shall regularly review within the Committee the conditions governing trade between them in agricultural products.

3.  In the light of the outcome of such considerations and of their respective agricultural policies and taking account of the sensitivity of the agricultural markets, the Parties may enter into negotiations under this Agreement with a view to further reducing obstacles to trade in agricultural products on a basis of reciprocal and mutually advantageous preferences.

4.  Any agreements resulting from negotiations as provided for in paragraph 3 shall be submitted for ratification or approval by the Parties in accordance with their respective procedures.

Article 14

Implementation of the Agreement

1.  The Parties shall take all steps, whether general or specific, to ensure the performance of the obligations arising from this Agreement.

2.  They shall abstain from any measure which is liable to jeopardise the attainment of the objectives of this Agreement.

Article 15

Annexes

The Annexes to this Agreement, including the Appendices thereto, shall form an integral part thereof.

Article 16

Territorial scope

This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other, to the territory of Switzerland.

Article 17

Entry into force and duration

1.  This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures. It shall enter into force on the first day of the second month following the final notification of the deposit of the instruments of ratification or approval of all the following seven Agreements:

2.  This Agreement is concluded for an initial period of seven years. It shall be renewed indefinitely unless the Community or Switzerland notifies the other Party to the contrary before the initial period expires. In the event of such notification, the provisions of paragraph 4 shall apply.

3.  Either the Community or Switzerland may terminate this Agreement by notifying the other Party of its decision. In the event of such notification, the provisions of paragraph 4 shall apply.

4.  The seven Agreements referred to in paragraph 1 shall cease to apply six months after receipt of notification of non-renewal referred to in paragraph 2 or termination referred to in paragraph 3.

Hecho en Luxemburgo, el veintiuno de junio de mil novecientos noventa y nueve, en dos ejemplares en las lenguas alemana, danesa, española, finesa, francesa, griega, inglesa, italiana, neerlandesa, portuguesa y sueca, siendo cada uno de estos textos igualmente auténtico.

Udfærdiget i Luxembourg, den enogtyvende juni nitten hundrede og nioghalvfems i to eksemplarer på dansk, engelsk, finsk, fransk, græsk, italiensk, nederlandsk, portugisisk, spansk, svensk og tysk, idet hver af disse tekster har samme gyldighed.

Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig in zweifacher Ausfertigung in dänischer, deutscher, englischer, finnischer, französischer, griechischer, italienischer, niederländischer, portugiesischer, spanischer und schwedischer Sprache, wobei jeder dieser Wortlaute gleichermaßen verbindlich ist.

Έγινε στο Λουξεμβούργο, στις είκοσι μία Ιουνίου χίλια εννιακόσια ενενήντα εννέα, σε δύο ατνίτυπα στην αγγλική, γαλλική, γερμανική, δανική, ελληνική, ισπανική, ιταλική, ολλανδική, πορτογαλική, σουηδική και φινλανδική γλώσσα, όλα δε τα κείμενα αυτά είναι εξίσου αυθεντικά.

Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine, in duplicate in the Spanish, Danish, German, Greek, English, French, Italian, Dutch, Portuguese, Finnish and Swedish languages, each text being equally authentic.

Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf, en double exemplaire, en langues allemande, anglaise, danoise, espagnole, finnoise, française, grecque, italienne, néerlandaise, portugaise et suédoise, chacun de ces textes faisant également foi.

Fatto a Lussemburgo, addì ventuno giugno millenovecentonovantanove, in duplice esemplare, in lingua danese, finnica, francese, greca, inglese, italiana, olandese, portoghese, spagnola, svedese e tedesca. Ciascuna delle versioni linguistiche fa parimenti fede.

Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig, in twevoud, in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle talen gelijkelijk authentiek.

Feito no Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove, em dois exemplares, nas línguas alemã, dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, italiana, neerlandesa, portuguesa e sueca, fazendo igualmente fé qualquer dos textos.

Tehty Luxemburgissa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän kahtena kappaleena englannin, espanjan, hollannin, italian, kreikan, portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellä, ja jokainen teksti on yhtä todistusvoimainen.

Utfärdat i Luxemburg den tjugoförsta juni nittonhundranittionio i två exemplar på det danska, engelska, finska, franska, grekiska, italienska, nederländska, portugisiska, spanska, svenska och tyska språket, vilka samtliga texter är giltiga.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Por la Confederación Suiza

For Det Schweiziske Edsforbund

Für der Schweizerischen Eidgenossenschaft

Για την Ελβετική Συνομοσπονδία

For the Swiss Confederation

Pour la Confédération suisse

Per la Confederazione svizzera

Voor de Zwitserse Bondsstaat

Pela Confederação Suíça

Sveitsin valaliiton puolesta

På Schweiziska Edsförbundets vägnar

CONTENTS

ANNEX 1	Concessions granted by Switzerland
ANNEX 2	Concessions granted by the Community
ANNEX 3
ANNEX 4	on plant health
Appendix 1:	Plants, plant products and other objects
Appendix 2:	Legislation
Appendix 3:	Authorities which are to supply on request a list of the official bodies responsible for preparing plant health passports
Appendix 4:	Zones referred to in article 4 and special requirements relating to them
Appendix 5:	Exchange of information
ANNEX 5	on animal feed
Appendix 1
Appendix 2:	List of legislative provisions referred to in Article 9
ANNEX 6	on seeds
Appendix 1:	Legislation
Appendix 2:	Seed inspection and certification bodies
Appendix 3:	Community derogations allowed by Switzerland
Appendix 4:	List of third countries
ANNEX 7	on trade in wine-sector products
Appendix 1:	Wine-sector products referred to in Article 2
Appendix 2:	Specific provisions referred to in Article 3(a) and (b)
Appendix 3:	List of instruments and technical provisions referred to in Article 4 relating to wine-sector products
Appendix 4:	Protected names referred to in Article 5
Appendix 5:	Terms and conditions referred to in Articles 8(9) and 25(1)(b)
ANNEX 8	on the mutual recognition and protection of names of spirit drinks and aromatised wine-based drinks
Appendix 1:	Geographical indications for spirit drinks originating in the european union
Appendix 2:	Protected names of spirit drinks originating in switzerland
Appendix 3:	Protected names of aromatised drinks originating in the Community
Appendix 4:	Protected names of aromatised drinks originating in Switzerland
Appendix 5:	List of instruments referred to in article 2 relating to spirit drinks, aromatised wine and aromatised drinks
ANNEX 9	on organically produced agricultural products and foodstuffs
Appendix 1:	List of acts referred to in Article 3 relating to organically produced agricultural products and foodstuffs
Appendix 2:	Implementing rules
ANNEX 10	On recognition of conformity checks for fresh fruit and vegetables subject to marketing standards
Appendix 1:	Swiss inspection bodies authorised to issue certificates of conformity as provided for in article 3 of annex 10
Appendix 2
ANNEX 11	on animal-health and zootechnical measures applicable to trade in live animals and animal products
Appendix 1:	Control measures/notification of diseases
Appendix 2:	Animal health: trade and placing on the market
Appendix 3:	Imports of live animals, their semen, ova and embryos from third countries
Appendix 4:	Zootechnical provisions, including those governing imports from third countries
Appendix 5:	Live animals, semen, ova and embryos: border checks and inspection fees
Appendix 6:	Animal products
Appendix 7:	Competent authorities
Appendix 8:	Adjustments to regional conditions
Appendix 9:	Guidelines on procedures for conducting audits
Appendix 10:	Animal products: border checks and payment of fees
Appendix 11:	Contact points
ANNEX 12	on the protection of designations of origin and geographical indications for agricultural products and foodstuffs
Appendix 1:	Lists of the parties' gis which are protected by the other party
Appendix 2	The parties' legislation

▼M12

ANNEX 1

Concessions granted by Switzerland

The tariff concessions set out below are granted by Switzerland for the following products originating in the Community and are, where applicable, subject to an annual quantity:

ANNEX 2

Concessions granted by the Community

The tariff concessions set out below are granted by the Community for the following products originating in Switzerland and are, where applicable, subject to an annual quantity:

▼M18

ANNEX 3

▼B

ANNEX 4

ON PLANT HEALTH

Article 1

Objective

►M14  1. ◄   The objective of this Annex shall be to facilitate trade between the Parties in plants, plant products and other objects subject to plant-health measures, originating in their respective territories or imported from third countries and listed in Appendix I to be drawn up by the Committee in accordance with Article 11 of the Agreement.

▼M14

2.  By way of derogation from Article 1 of the Agreement, this Annex shall apply to all plants, plant products and other objects listed in Appendix 1, as referred to in paragraph 1.

▼B

Article 2

Principles

1.  The Parties note that they have similar legislation concerning protective measures against the introduction and propagation of harmful organisms by plants, plant products or other objects having equivalent results in terms of protection against the introduction and propagation of organisms harmful to plants or plant products listed in Appendix 1 as provided for in Article 1. The same is also true of plant-health measures taken in respect of plants, plant products and other objects introduced from third countries.

2.  The legislation referred to in paragraph 1 shall be listed in Appendix 2 to be drawn up by the Committee in accordance with Article 11 of the Agreement.

▼M14

3.  The Parties mutually recognise the plant passports issued by the organisations that have been approved by the respective Authorities. A list of these organisations, as regularly updated, can be obtained from the Authorities listed in Appendix 3. Such passports shall attest conformity with their legislation as listed in Appendix 2 as provided for in paragraph 2 and shall be deemed to meet the documentary requirements laid down therein for the movement on the respective Parties' territories of plants, plant products and other objects listed in Appendix 1 as provided for in Article 1.

▼B

4.  Plants, plant products and other objects as listed in Appendix 1 as provided for in Article 1 which are not subject to the plant passport arrangements applying to trade within the two Parties' territories may be traded between the two Parties without any plant passport, without prejudice, however, to other documents required under the Parties' respective laws, and in particular documents forming part of a system for tracing the origins of such plants, plant products and other objects to origin.

Article 3

1.  Plants, plant products and other objects not explicitly listed in Appendix 1 as provided for in Article 1 and not subject to plant-health measures in either Party may be traded between them without documentary, identity, or plant-health checks in connection with plant-health measures.

2.  Where either Party intends to adopt a plant-health measure in respect of plants, plant products and other objects referred to in paragraph 1, it shall inform the other Party.

3.  Pursuant to Article 10(2), the Working Group on Plant Health shall assess the consequences for this Annex of changes in accordance with paragraph 2 with a view to proposing any amendments to the relevant appendices.

Article 4

Regional requirements

1.  Each Party may lay down, by reference to similar criteria, specific requirements concerning movements of plants, plant products and other objects, regardless of their origin, within and to zones in its territory, where warranted by the plant-health situation in those zones.

2.  Appendix 4, to be drawn up by the Committee in accordance with Article 11 of the Agreement, shall define the zones as referred to in paragraph 1 and the specific requirements relating thereto.

Article 5

Checks on imports

1.  Each Party shall carry out plant-health sampling checks at a rate not exceeding a certain percentage of consignments of plants, plant products and other objects listed in Appendix 1 as provided for in Article 1. That percentage, to be proposed by the Working Group on Plant Health and set by the Committee, shall be determined by plant, plant product or other object in accordance with the plant-health risk. On the date of entry into force of this Annex, that percentage shall be 10 %.

2.  Pursuant to Article 10(2) of this Annex, the Committee, acting on a proposal by the Working Group on Plant Health, may decide to reduce the rate of checks provided for in paragraph 1.

3.  Paragraphs 1 and 2 shall apply only to plant-health checks of trade in plants, plant products and other objects between the two Parties.

4.  Paragraphs 1 and 2 shall apply subject to Article 11 of the Agreement and Articles 6 and 7 of this Annex.

Article 6

Safeguard measures

Safeguard measures shall be taken in accordance with the procedures provided for in Article 10(2) of the Agreement.

Article 7

Derogations

1.  If either Party intends to apply derogations with respect to part or all of the territory of the other Party, it shall inform the latter in advance, indicating its reasons. Without prejudice to the possibility of bringing the planned derogations into force immediately, consultations shall be held as soon as possible between the two Parties with a view to finding appropriate solutions.

2.  If either Party applies derogations with respect to part of its territory or a third country, it shall inform the other Party in advance, indicating its reasons. Without prejudice to the possibility of bringing the planned derogations into force immediately, consultations shall be held as soon as possible between the two Parties with a view to finding appropriate solutions.

Article 8

Joint checks

1.  Each Party shall agree to joint checks being carried out at the request of the other Party to assess the plant-health situation and measures having equivalent results as provided for in Article 2.

2.  ‘Joint checks’ means a check conducted at the border to verify compliance with plant-health requirements of a consignment from either Party.

3.  Such checks shall be carried out in accordance with the procedure adopted by the Committee on a proposal from the Working Group on Plant Health.

Article 9

Exchange of information

1.  Pursuant to Article 8 of the Agreement, the Parties shall exchange all relevant information on the implementation and application of their laws, regulations and administrative provisions covered by this Annex and the notifications referred to in Appendix 5.

2.  With a view to ensuring equivalence in application of the detailed rules for applying the legislation covered by this Annex, each Party shall, at the request of the other, agree to visits of experts from the latter on its territory, to be arranged in cooperation with the official plant-health organisation responsible for the territory concerned.

Article 10

Working Group on Plant Health

1.  The Working Group on Plant Health, referred to as ‘the Working Group’, set up under Article 6(7) of the Agreement, shall consider all matters which may arise in connection with this Annex and its implementation.

2.  The Working Group shall periodically consider the state of the laws and regulations of the Parties in the fields covered by this Annex. It may in particular put forward proposals to the Committee with a view to adapting and updating the Appendices hereto.

▼M27

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 ( 2 ), 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 ( 3 ), 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  44 04 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 ( 4 )

Appendix 2

LEGISLATION ( 5 )

Provisions of the Union

Swiss provisions

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Appendix 3

Authorities which are to supply on request a list of the official bodies responsible for preparing plant health passports

A.   European community:

single authority for each Member State, as referred to in Article 1(4) of Council Directive 2000/29/EC of 8 May 2000 ( 6 ).

B.   Switzerland:

Office fédéral de l'agriculture

CH-3003 BERNE

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Appendix 4 ( 7 )

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

Swiss provisions

▼B

Appendix 5

Exchange of information

The notifications referred to in Article 9(1) are the following:

ANNEX 5

ON ANIMAL FEED

Article 1

Purpose

1.  The Parties hereby undertake to approximate their legislation on animal feed with a view to facilitating trade between them in such products.

2.  The list of products and groups of products for which the legislative provisions of the Parties are considered by the latter as achieving the same effects and, where applicable, the list of legislative provisions of the Parties considered by the latter as achieving the same effects shall be as set out in Appendix 1, to be drawn up by the Committee in accordance with Article 11 of the Agreement.

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2a.  By way of derogation from Article 1 of the Agreement, this Annex shall apply to all the products covered by the legal provisions listed in Appendix 1, as referred to in paragraph 2.

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3.  The Parties shall abolish border checks on the products and groups of products listed in Appendix 1 as referred to in paragraph 2.

Article 2

Definitions

For the purposes of this Annex:

Article 3

Exchange of information

Under Article 8 of the Agreement, the Parties shall send each other:

The programmes referred to in the fourth indent must take account of the situations peculiar to the Parties and must in particular stipulate the type of controls to be conducted regularly and the frequency thereof.

Article 4

General provisions on controls

The Parties shall take all steps necessary to ensure that products to be consigned to the other Party are checked as carefully as those to be put on the market within their own territory; they shall in particular ensure that inspections:

Article 5

Checks at origin

1.  The Parties shall ensure that the competent authorities conduct checks at establishments to ensure that they fulfil their obligations and that products to be put on the market comply with the legislative provisions listed in Appendix 1 as referred to in Article 1 and applicable in the territory of origin.

2.  Where there are grounds for suspecting that those requirements are not complied with, the competent authority shall conduct further checks and, should suspicion be confirmed, shall take suitable measures.

Article 6

Checks at destination

1.  The competent authorities of the Party of destination may check the products at destination by means of non-discriminatory sampling checks to ensure they comply with the provisions covered by this Annex.

2.  However, where the competent authority of the Party of destination is in possession of information indicating an infringement, checks may also be conducted during carriage of the products within its territory.

3.  Where, during a check of a consignment at destination or during carriage, the competent authorities of the Party concerned note that the products do not comply with the provisions covered by this Annex, they shall take suitable steps and shall give notice to the consignor, the consignee or any other party concerned to:

Article 7

Checks of products from territories outside the Parties

1.  Notwithstanding the first indent of Article 4, the Parties shall take all steps necessary to ensure that when products are introduced into their customs territory from territories other than those defined in Article 16 of the Agreement, the competent authorities conduct a documentary check of each batch and sampling identity checks in order to verify their:

with a view to determining the customs procedure applicable to them.

2.  The Parties shall take all steps necessary to ensure the conformity of products by means of sampling physical checks before they are released for free circulation.

Article 8

Cooperation in the event of infringements

1.  The Parties shall assist each other in the manner and under the conditions laid down in this Annex. They shall ensure that the legislative provisions covering products used in animal feed are properly applied, in particular through mutual assistance and the detection and investigation of breaches of those provisions.

2.  Assistance as provided for in this Article shall be without prejudice to the provisions governing criminal proceedings or judicial cooperation between the Parties in criminal matters.

Article 9

Products subject to prior authorisation

1.  The Parties shall endeavour to ensure that their lists of products covered by the legislative provisions listed in Appendix 2 are identical.

2.  The Parties shall inform each other of applications submitted for the authorisation of products as referred to in paragraph 1.

Article 10

Consultations and safeguard measures

1.  Where either Party considers that the other has failed to fulfil an obligation under this Annex, the two Parties shall hold consultations.

2.  The Party which requests the consultations shall provide the other with all information necessary for a detailed examination of the case in question.

3.  Safeguard measures as provided for in any legislative provisions concerning the products and product groups and listed in Appendix 1 as provided for in Article 1 shall be taken in accordance with the procedures laid down in Article 10(2) of the Agreement.

4.  If, following the consultations provided for in paragraph 1 and in the third indent of Article 10(2)(a) of the Agreement, the Parties fail to reach agreement, the Party which requested the consultations or took the measures referred to in paragraph 3 may take suitable interim protective measures to ensure this Annex is applied.

Article 11

Working Group on Animal Feed

1.  The Working Group on Animal Feed, hereinafter referred to as ‘the Working Group’, set up under Article 6(7) of the Agreement shall consider any matter which may arise in connection with this Annex and its implementation. It shall also be responsible for the tasks provided for in this Annex.

2.  The Working Group shall periodically consider the state of the domestic laws of the Parties in the fields covered by this Annex. It shall in particular put forward proposals to the Committee with a view to updating the Appendices hereto.

Article 12

Confidentiality

1.  Any information communicated in whatsoever form under this Annex shall be confidential. It shall be covered by the obligation to maintain professional secrecy and shall enjoy the protection extended to similar information under the relevant laws applicable in the Party which received it.

2.  The principle of confidentiality referred to in paragraph 1 shall not apply to information as referred to in Article 3.

3.  No Party whose legislation or administrative practice lays down stricter limits than those laid down in this Annex regarding the protection of industrial and commercial secrets shall be obliged to furnish information where the other Party does not take steps to comply with those stricter limits.

4.  Information obtained may only be used by a Party otherwise than for the purposes of this Annex with the prior written consent of the administrative authority furnishing it and shall furthermore be subject to the restrictions laid down by that authority.

Paragraph 1 shall not preclude the use of information in judicial or administrative proceedings instituted subsequently in respect of breaches of common criminal law, provided it was obtained through international judicial cooperation.

5.  In their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, the Parties may use as evidence information obtained and documents consulted in accordance with this Article.

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Appendix 1

Community provisions

Swiss provisions

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Appendix 2

LIST OF LEGISLATIVE PROVISIONS REFERRED TO IN ARTICLE 9

Community Provisions

Swiss Provisions

▼B

ANNEX 6

ON SEEDS

Article 1

Purpose

1.  This Annex shall cover seeds of agricultural, vegetable, fruit and ornamental plant species and of vines.

2.  For the purposes of this Annex, ‘seeds’ means all propagating material and material intended for planting.

Article 2

Recognition of the conformity of legislation

1.  The Parties hereby recognise that the requirements laid down in the legislation listed in section 1 of Appendix 1 hereto have the same effects.

2.  Seeds of the species defined in the legislation referred to in paragraph 1 may be traded between the two Parties and freely marketed in the territory of both Parties, without prejudice to Articles 5 and 6. The only document required as certification of compliance with the respective laws of the two Parties shall be the label or any other document required for marketing under the said laws.

3.  The bodies responsible for conformity checks shall be as listed in Appendix 2.

Article 3

Mutual recognition of certificates

1.  Each Party shall recognise, as regards seeds of the species covered by the legislation listed in section 2 of Appendix 1, certificates as defined in paragraph 2 that have been drawn up in accordance with the legislation of the other by the bodies listed in Appendix 2.

2.  For the purposes of paragraph 1, ‘certificate’ means the documents required under the respective laws of the Parties applicable to imports of seeds as listed in section 2 of Appendix 1.

Article 4

Approximation of laws

1.  The Parties shall endeavour to approximate their laws on the marketing of seeds of the species covered by the legislation listed in section 2 of Appendix 1 and of species that are not covered by the legislation listed in sections 1 and 2 of Appendix 1.

2.  Where either Party adopts new legislative provisions, both Parties undertake to assess the possibility of extending the scope of this Annex to include the new sector in accordance with the procedure laid down in Articles 11 and 12 of the Agreement.

3.  Where either Party amends legislative provisions concerning a sector covered by this Annex, both Parties undertake to assess the consequences of such amendment in accordance with the procedure laid down in Articles 11 and 12 of the Agreement.

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Article 5

Varieties

1.  Without prejudice to paragraph 3, Switzerland shall permit the marketing in its territory of seeds of the varieties accepted in the Community in the case of the species referred to in the legislation listed in Section 1 of Appendix 1.

2.  Without prejudice to paragraph 3, the Community shall permit the marketing in its territory of seeds of the varieties accepted in Switzerland in the case of the species referred to in the legislation listed in Section 1 of Appendix 1.

3.  The Parties shall jointly draw up a catalogue of varieties for the species referred to in the legislation listed in Section 1 of Appendix 1 in cases where the Community makes provision for a common catalogue. The Parties shall permit the marketing in their territory of seeds of the varieties listed in this catalogue which has been drawn up jointly.

4.  Paragraphs 1, 2 and 3 shall not apply to genetically modified varieties.

5.  The Parties shall inform each other of applications and withdrawals of applications for acceptance and of the registration of new varieties in a national catalogue and any amendments thereto. They shall provide each other on request with a brief description of the chief characteristics relating to the use of each new variety and the characteristics by which a variety can be distinguished from other known varieties. Each shall keep at the disposal of the other Party files containing a description of each accepted variety and a clear summary of all the grounds on which such acceptance is based. In the case of genetically modified varieties, the Parties shall inform each other of the results of risk assessments for the release of such varieties into the environment.

6.  The Parties may hold technical consultations with a view to assessing the data on which acceptance of a given variety is based in either Party. Where appropriate, the Working Group on Seeds shall be kept informed of the results of such consultations.

7.  The Parties shall use existing computerised information exchange systems or such systems to be developed to facilitate the exchange of information as referred to in paragraph 5.

Article 6

Derogations

1.  Derogations authorised by the Community and by Switzerland as listed in Appendix 3 shall be allowed by Switzerland and the Community respectively in trade in seeds of the species covered by the legislation listed in Section 1 of Appendix 1.

2.  The Parties shall inform each other of any derogation on the marketing of seeds that they intend to implement in their territory or in part thereof. In the case of derogations of short duration or which must enter into force immediately, ex post notification shall suffice.

3.  By way of derogation from Article 5(1) and (3), Switzerland may decide to prohibit the marketing in its territory of seeds of accepted varieties in the common catalogue of the Community.

4.  By way of derogation from Article 5(2) and (3), the Community may decide to prohibit the marketing in its territory of seeds of accepted varieties in the Swiss national catalogue.

5.  Paragraphs 3 and 4 shall apply in cases provided for in the legislation of both Parties as listed in Section 1 of Appendix 1.

6.  Both Parties may have recourse to paragraphs 3 and 4:

7.  Paragraph 6 shall apply by analogy to varieties of the species covered by provisions added, pursuant to Article 4, to the list in Section 1 of Appendix 1 after the entry into force of this Annex.

8.  The Parties may hold technical consultations with a view to assessing the implications for this Annex of derogations as referred to in paragraphs 1 to 4.

9.  Paragraph 8 shall not apply where the Member States of the Community are responsible for deciding on derogations pursuant to the legislation listed in Section 1 of Appendix 1. Paragraph 8 shall not apply to derogations adopted by Switzerland in similar cases.

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Article 7

Third countries

1.  Without prejudice to Article 10, this Annex shall also apply to seeds marketed in both Parties and originating in a country other than a Member State of the Community or Switzerland and recognised by both Parties.

2.  The list of third countries as referred to in paragraph 1, the species concerned and the scope of such recognition shall be as set out in Appendix 4.

Article 8

Comparative trials

1.  Comparative trials shall be held with a view to ex post checks of samples of seeds taken from batches marketed in the two Parties. Switzerland shall participate in the Community's comparative trials.

2.  The Working Group on Seeds shall be assess the organisation of comparative trials in the Parties.

Article 9

Working Group on Seeds

1.  The Working Group on Seeds, referred to as the ‘Working Group’, set up under Article 6(7) of the Agreement, shall consider any matter which may arise in connection with this Annex and its implementation.

2.  The Working Group shall periodically consider the state of the laws and regulations of the Parties in the fields covered by this Annex. It shall in particular put forward proposals to the Committee with a view to the adaptation and updating of the Appendices hereto.

Article 10

Agreements with other countries

The Parties agree that agreements on mutual recognition concluded by either Party with any third country may under no circumstances give rise to any obligation on the other to accept reports, certificates, authorisations or marks issued by the conformity assessment bodies of such third countries, except where the Parties have agreed formally thereto.

Appendix 1

Legislation

Section 1 (recognition of the conformity of legislation)

A.   COMMUNITY PROVISIONS

1.   Basic legislation

2.   Implementing provisions (8) 

B.   SWISS PROVISIONS ( 9 )

Section 2 (mutual recognition of certificates)

A.   COMMUNITY PROVISIONS

1.   Basic legislation

2.   Implementing provisions ( 11 )

B.   SWISS PROVISIONS

C.   CERTIFICATES REQUIRED FOR IMPORTS

Appendix 2

Seed inspection and certification bodies

Appendix 3

Community derogations allowed by Switzerland ( 12 )

Appendix 4

List of third countries ( 14 )

▼M20

ANNEX 7

ON TRADE IN WINE-SECTOR PRODUCTS

Article 1

Objectives

The Parties hereby agree, in accordance with the principles of non-discrimination and reciprocity, to facilitate and promote trade with each other in wine-sector products originating in their territory subject to the conditions laid down herein.

Article 2

Scope

This Annex shall apply to wine-sector products, as defined in the legislation referred to in Appendix 1.

Article 3

Definitions

For the purposes of this Annex and except where otherwise expressly provided herein:

TITLE I

PROVISIONS APPLICABLE TO IMPORT AND SALE

Article 4

Labelling, presentation and accompanying documents

(1)  Trade between the Parties in wine-sector products within the meaning of Article 2 originating in their respective territories shall be conducted in accordance with the technical provisions set out this Annex. ‘Technical provisions’ is understood to mean all the provisions listed in Appendix 3 relating to the definition of wine-sector products, oenological practices, the composition of the said products, their accompanying documents and the rules governing their transport and sale.

(2)  The Committee may decide to amend the definition of the ‘technical provisions’ within the meaning of paragraph 1.

(3)  The provisions of the instruments listed in Appendix 3 relating to their entry into force or their implementation shall not apply for the purposes of this Annex.

(4)  This Annex shall not prejudice the application of national or EU rules on taxation or the relevant control measures.

TITLE II

MUTUAL PROTECTION OF NAMES OF WINE-SECTOR PRODUCTS WITHIN THE MEANING OF ARTICLE 2

Article 5

Protected names

As regards wine-sector products originating in the European Union and in Switzerland, the following names listed in Appendix 4 shall be protected:

Article 6

Names or references used to indicate the Member States of the European Union and Switzerland

(1)  For the purpose of identifying the origin of wines in Switzerland, the names or references to the Member States of the European Union used to indicate these products:

(2)  For the purpose of identifying the origin of wines in the European Union, the names or references to Switzerland used to indicate these products:

Article 7

Other terms

(1)  The terms ‘protected designation of origin’, ‘protected geographical indication’ and their abbreviations ‘PDO’ and ‘PGI’, the terms ‘Sekt’ and ‘crémant’ referred to in Commission Regulation (EC) No 607/2009 ( 15 ) shall be reserved for the wines originating in the Member State concerned and may be used only subject to the conditions laid down by the European Union’s laws and regulations.

(2)  Without prejudice to Article 10, the terms ‘appellation d’origine protégée’ [protected designation of origin], including its abbreviation ‘AOC’ [PDO], and ‘vin de pays’ within the meaning of Article 63 of the Federal Act on Agriculture are reserved for wines originating in Switzerland and may be used only subject to the conditions laid down by Swiss law.

The term ‘vin de table’ within the meaning of Article 63 of the Federal Act on agriculture is reserved for wines originating in Switzerland and may be used only subject to the conditions laid down by Swiss law.

Article 8

Protection of designations of origin and geographical indications

(1)  In Switzerland, the designations of origin and geographical indications for the European Union listed in Appendix 4, Part A:

In the European Union, the designations of origin and geographical indications for Switzerland listed in Appendix 4, Part B:

(2)  The Parties shall take all the measures necessary, in accordance with this Annex, to ensure the reciprocal protection of the designation of origin and geographical indications listed in Appendix 4 and used for the designation and presentation of wines originating in the territory of the Parties. Each Party shall introduce the appropriate legal means to ensure effective protection and prevent a designation of origin or geographical indication listed in Appendix 4 from being used to designate wine that has not originated from the place referred to by that designation of origin or geographical indication.

(3)  The protection provided for in paragraph 1 shall apply, even when:

(4)  If designations of origin or geographical indications listed in Appendix 4 are homonymous, protection shall be granted to each of them provided that they are used in good faith and that, in practical conditions of use fixed by the Contracting Parties within the framework of the Committee, the fair and equitable treatment of the producers concerned is ensured and consumers are not misled.

(5)  If a geographical indication listed in Appendix 4 is homonymous with a geographical indication for a third country, Article 23(3) of the TRIPs Agreement shall apply.

(6)  The provisions of this Annex shall in no way prejudice the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead consumers.

(7)  Nothing in this Annex shall oblige a Party to protect a designation of origin or geographical indication of the other Party listed in Appendix 4 which is not or ceases to be protected in its country of origin or which has fallen into disuse in that country.

(8)  The Parties affirm that rights and obligations under this Agreement shall not arise for any designations of origin or geographical indications other than those listed in Appendix 4.

(9)  Without prejudice to the TRIPs agreement, this Annex gives a comprehensive and precise list of the rights and obligations that shall apply to the protection of the geographical indications in each of the Parties.

However, the Parties hereby waive their right to invoke Article 24(4), (6) and (7) of the TRIPS Agreement in order to refuse to grant protection to a name from the other Party, except in the cases referred to in Appendix 5 to this Annex.

(10)  The exclusive protection provided for in this Article shall apply to the name ‘Champagne’ on the European Union’s list in Appendix 4 to this Annex.

Article 9

Relations between designations of origin and geographical indications and trademarks

(1)  The contracting parties shall not be obliged to protect a designation of origin or geographical indication where, in the light of an earlier trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the wine in question.

(2)  The registration of a trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a designation of origin or a geographical indication referred to in Appendix 4 shall, in accordance with the laws of each Party, be refused or refused in part, either as a matter of course or at the request of an interested party, where the product in question does not originate from the place indicated by the designation of origin or geographical indication.

(3)  A registered trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a designation of origin or a geographical indication referred to in Appendix 4 shall, in accordance with the laws of each Party, be invalidated or invalidated in part, either as a matter of course or at the request of an interested party, where it refers to a product which does not meet the required conditions for the designation of origin or geographical indication.

(4)  A trademark, the use of which corresponds to the situation referred to in the previous paragraph and which was applied for and registered in good faith or established through use in good faith in a Party (including the Member States of the European Union), if the relevant legislation provides for this possibility, before the date of protection of the designation of origin or of the geographical indication of the other Party under this Annex, may continue to be used notwithstanding the protection granted to the designation of origin or the geographical indication, provided that there is no ground for the annulment of the trademark in the legislation of the Party concerned.

Article 10

Protection of traditional expressions

(1)  In Switzerland, the traditional expressions of the European Union listed in Appendix 4, Part A:

In the European Union, the traditional expressions of Switzerland listed in Appendix 4, Part B:

(2)  The Parties shall take the measures necessary, in accordance with this Agreement, for the protection in accordance with this Article of the traditional expressions listed in Appendix 4 which are used for the description and presentation of wines originating in the territories of the respective Parties. To that end, the Parties shall provide effective legal protection to prevent the said traditional expressions from being used to describe wine not entitled to those traditional expressions, even where the traditional expressions used are accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or other analogous expressions.

(3)  The protection of a traditional expression shall apply only:

(4)  If traditional expressions listed in Appendix 4 are homonymous, protection shall be granted to each of the traditional expressions, provided that they are used in good faith and that, in practical conditions of use fixed by the Contracting Parties within the framework of the Committee, the fair and equitable treatment of the producers concerned is ensured and consumers are not misled.

(5)  Where a traditional expression listed in Appendix 4 is homonymous with the name used for a wine-sector product not originating in the territory of one of the Parties, the latter name may be used to describe and present a wine-sector product, provided it is traditionally and consistently used, its use for that purpose is regulated by the country of origin and consumers are not misled about the exact origin of the wine concerned.

(6)  This Annex shall in no way prejudice the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead the consumer.

(7)  The registration of a trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a traditional expression referred to in Appendix 4 shall, pursuant to the law of each Party, be refused or refused in part, either as a matter of course or at the request of an interested party, where the trademark in question does not concern wine-sector products that originate from the geographical area associated with the aforementioned traditional expression.

A registered trademark for a wine-sector product within the meaning of Article 2 which contains or consists of a traditional expression referred to in Appendix 4 shall, pursuant to the law of each Party, be invalidated or invalidated in part, either as a matter of course or at the request of an interested party, where the trademark in question does not concern wine-sector products that originate from the geographical area associated with the aforementioned traditional expression.

A trademark, the use of which corresponds to the situation referred to in the previous paragraph, which was applied for and registered in good faith in one Party (including the Member States of the Union) before the date of protection of the other Party’s traditional expression under this Annex, may continue to be used if this option is provided for in the relevant legislation of the Party concerned.

(8)  Nothing in this Annex shall oblige the Parties to protect a traditional expression listed in Appendix 4 which is not or ceases to be protected or which has fallen into disuse in its country of origin.

Article 11

Enforcement of protection

(1)  The Parties shall take all steps necessary to ensure that, where wine-sector products originating in the Parties are exported and marketed outside their territory, the names of one Party protected under this Annex are not used to describe and present such products originating in the other Party.

(2)  In so far as the relevant legislation of the Parties permits, the protection afforded by this Annex shall extend to natural and legal persons, federations, associations and organisations of producers, traders and consumers whose head offices are located in the territory of the other Party.

(3)  If the description or presentation of a wine-sector product, in particular on the labelling, in official or commercial documents or in advertising, affects the rights arising from this Annex, the Parties shall apply the necessary administrative measures or shall initiate legal proceedings with a view to combating unfair competition or preventing the wrongful use of the protected name by any other means.

(4)  The measures and proceedings referred to in paragraph 3 shall be taken in particular in the following cases:

(5)  This Annex shall not preclude any more extensive protection afforded to descriptions protected under this Annex by the Parties in accordance with their internal legislation or other international agreements.

TITLE III

MUTUAL ASSISTANCE AND CONTROLS OF THE OFFICIAL CONTROL BODIES

Article 12

Purpose and restrictions

(1)  The Parties shall assist each other in accordance with and subject to the conditions laid down in this title. The correct application of the rules concerning trade in wine-sector products shall be ensured in particular through mutual assistance, detection and investigation of contraventions of these rules.

(2)  The assistance provided for in this title shall be without prejudice to the provisions governing criminal proceedings or judicial assistance between Parties in criminal cases.

(3)  This title shall be without prejudice to national provisions governing the confidentiality of judicial investigations.

SUBTITLE I

Authorities and persons subject to controls and mutual assistance

Article 13

Contact authorities

(1)  Where a Party designates several competent authorities, it shall ensure the coordination of their activities.

(2)  Each Party shall appoint a single contact authority. That authority:

Article 14

Authorities and laboratories

The Parties shall:

Article 15

Persons subject to controls

Natural and legal persons and associations of such persons whose professional activities may be the subject of the controls provided for in this title may not prevent the exercise of such controls and must at all times facilitate them.

SUBTITLE II

Control measures

Article 16

Control measures

(1)  The Parties shall take the steps necessary to guarantee the assistance provided for in Article 12 by means of suitable control measures.

(2)  Such controls shall be carried out either systematically or by sampling checks. In the case of sampling checks, the Parties shall ensure that they are representative through their number, type and frequency.

(3)  The Parties shall take appropriate steps to facilitate the work of the officials of their competent authorities, in particular by ensuring that they:

Article 17

Samples

(1)  The competent authority of one Party may ask a competent authority of the other Party to collect samples in accordance with the relevant provisions in that Party.

(2)  The requested authority shall keep the samples collected pursuant to paragraph 1 and shall designate the laboratory to which they are to be sent for testing. The requesting authority may designate another laboratory to carry out a parallel analysis of samples. To that end, the requested authority shall forward a suitable number of samples to the requesting authority.

(3)  In the event of disagreement between the requesting and the requested authorities concerning the results of the tests referred to in paragraph 2, an arbitration analysis shall be carried out by a laboratory designated jointly.

SUBTITLE III

Procedures

Article 18

Operative event

Where a competent authority of a Party has a reasonable suspicion, or becomes aware, that:

Article 19

Applications for mutual assistance

(1)  Applications under this title shall be made in writing. They shall be accompanied by the documents needed for the purpose of a reply. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.

(2)  Applications pursuant to paragraph 1 shall be accompanied by the following information:

(3)  Applications shall be made in one of the official languages of the Parties.

(4)  Where an application does not meet the formal conditions, the requesting authority may be asked to correct or supplement it; interim protective measures may, however, be ordered at all times.

Article 20

Procedure

(1)  Upon application by a requesting authority, the requested authority shall communicate to it any useful information which may enable it to verify that the rules concerning trade in wine-sector products are being properly applied, and especially information with regard to existing or planned operations which constitute, or are liable to constitute, a breach of those rules.

(2)  Where reasoned application is made by the requesting authority, the requested authority shall exercise special supervision or checks with a view to achieving the aims pursued or shall take the necessary measures to ensure that such supervision is so exercised.

(3)  The requested authority referred to in paragraphs 1 and 2 shall proceed as if acting on its own behalf or at the request of an authority of its own country.

(4)  By agreement with the requested authority, the requesting authority may designate officials in its service or in the service of another competent authority of the Party which it represents to:

The copies referred to in the first indent may be made only with the consent of the requested authority.

(5)  The requesting authority wishing to send an official designated in accordance with the first subparagraph of paragraph 4 to another Party to take part in control procedures as referred to in the second indent of that subparagraph shall inform the requested authority in good time before such procedures are commenced. The officials of the requested authority shall remain in charge of the control procedures at all times.

The officials of the requesting authority shall:

(6)  Reasoned applications as provided for in this Article shall be forwarded to the requested authority of the Party concerned through the contact authority of that Party. The same procedure shall apply to:

Notwithstanding the first paragraph, in order to improve the efficacy and rapidity of collaboration between the Parties, the latter may, where appropriate, permit competent authorities to:

In such cases, those competent authorities shall immediately inform the contact authority of the Party concerned.

(7)  The information contained in the analytical data bank of each Party, comprising the data obtained by analysing their respective wine-sector products, shall be made available to the laboratories designated for this purpose by the Parties, where they so request. Communication of information shall relate only to the relevant analytical data required to interpret an analysis carried out on a sample of comparable characteristics and origin.

Article 21

Decision on mutual assistance

(1)  The Party to which the requested authority belongs may refuse to provide assistance under this title if such assistance may adversely affect sovereignty, public order, security or other vital interests of that Party.

(2)  Where the requesting authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.

(3)  Should assistance be refused, the decision and the reasons for it must be notified immediately to the requesting authority.

Article 22

Information and documentation

(1)  The requested authority shall communicate the findings of its investigations to the requesting authority in the form of documents, certified copies, reports and the like.

(2)  The documents referred to in paragraph 1 may be replaced by computerised information produced in any form whatsoever for the same purposes.

(3)  The information referred to in Articles 18 and 20 shall be accompanied by the relevant documents or other evidence and details of any administrative measures or legal proceedings, and shall relate specifically to:

(4)  The contact authorities concerned by the matter for which the mutual assistance process provided for in Articles 18 and 20 has been initiated shall inform each other immediately of:

Article 23

Costs

Travel costs incurred through the application of this title shall be borne by the Party which designated an official for the measures provided for in Article 20(2) and (4).

Article 24

Confidentiality

(1)  Any information communicated in whatever form under this title shall be confidential. It shall be covered by professional secrecy and enjoy the protection granted to similar information by the laws applying in this field by the Party which receives it, or by the corresponding provisions applying to the Union authorities, as the case may be.

(2)  Where the legislation or administrative practices of a Party lay down stricter limits for the protection of industrial and commercial secrets than those provided for in this title, the latter shall not oblige that Party to provide information if the requesting Party does not take steps to comply with those stricter limits.

(3)  The information obtained shall be used only for the purposes of this title; it may not be used for other purposes on the territory of a Party except with the prior written consent of the administrative authority which supplied it, and shall in any case be subject to the restrictions laid down by that authority.

(4)  Paragraph 1 shall not preclude the use of information in judicial or administrative proceedings instituted subsequently in respect of breaches of ordinary criminal law, provided it was obtained through international judicial cooperation.

(5)  In their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, the Parties may use as evidence information obtained and documents consulted in accordance with this title.

TITLE IV

GENERAL PROVISIONS

Article 25

Exclusions

(1)  Titles I and II shall not apply to wine-sector products within the meaning of Article 2 which:

(2)  The application of the Exchange of Letters between the Community and Switzerland on cooperation concerning official controls of wines signed in Brussels on 15 October 1984, shall be suspended for as long as this Annex remains in force.

Article 26

Consultations

(1)  The Parties shall enter into consultations if either considers that the other has failed to fulfil an obligation under this Annex.

(2)  The Party which requests the consultations shall provide the other with all information necessary for a detailed examination of the case in question.

(3)  Where any time limit or delay carries a risk of endangering human health or impairing the effectiveness of measures to combat fraud, interim safeguard measures may be adopted without prior consultation, provided that consultations are held immediately after such measures are taken.

(4)  If, following the consultations provided for in paragraphs 1 and 3, the Parties fail to reach agreement, the Party which requested the consultations or took the measures provided for in paragraph 3 may take suitable safeguard measures with a view to the proper application of this Annex.

Article 27

Working Group

(1)  The working group on wine-sector products, hereinafter called the ‘working group’, set up pursuant to Article 6(7) of the Agreement shall consider all matters which may arise in connection with this Annex and its implementation.

(2)  The working group shall periodically consider the state of the laws and regulations of the Parties in the fields covered by this Annex. It shall in particular put forward proposals to the Committee with a view to amending this Annex and its Appendices.

Article 28

Transitional provisions

(1)  Notwithstanding Article 8(10), wine-sector products which, at the time of the entry into force of this Annex, have been produced, prepared, described and presented in compliance with the internal law or regulations of the Parties but are prohibited by this Annex may be sold until stocks run out.

(2)  Except where provisions to the contrary are adopted by the Committee, wine-sector products which have been produced, prepared, described and presented in compliance with this Annex but whose production, preparation, description and presentation cease to comply therewith as a result of an amendment thereto may continue to be marketed until stocks run out.

Appendix 1

Wine-sector products referred to in article 2

For the European Union:

Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1), as last amended by Regulation (EU) No 1234/2010 of the European Parliament and of the Council of 15 December 2010 (OJ L 346, 30.12.2010, p. 11). Products covered by CN codes 2009 61 , 2009 69 and 2204 (OJ L 256, 7.9.1987, p. 1.).

For Switzerland:

Chapter 2 of the Ordinance of the Federal Department of Home Affairs (DFI) of 23 November 2005 on alcoholic beverages, as last amended on 15 December 2010 (OC 2010 6391). Products covered by Swiss customs tariff numbers 2009.60 and 2204 .

Appendix 2

Specific provisions referred to in article 3(a) and (b)

Registered designation of origin Genève (AOC Genève)

1.   Geographical area

The geographical area for AOC Genève includes:

enumerated in the specifications for AOC Genève.

2.   Production area of the grapes

The production area of the grapes includes:

3.   Wine making area

The wine making area is restricted to Swiss territory.

4.   Downgrading

Using the ‘AOC Genève’ registered designation of origin does not preclude using the designations ‘vin de pays’ and ‘vin de table suisse’ to refer to wines made from grapes from the production zone defined in point 2(b) and downgraded.

5.   Monitoring the specifications for the AOC Genève

The Swiss checks are the responsibility of the Swiss authorities, specifically those of Geneva.

The competent Swiss authority entrusts the physical checks to be carried out on French territory to a French inspection body accredited by the French authorities.

6.   Transitional provisions

Producers with areas planted with vines that are not listed in the grape production area listed in point 2(b), but who have previously and legitimately used the registered designation of origin ‘AOC Genève’, may continue to use it until 2013 and the relevant products can be marketed until stocks are exhausted.

Appendix 3

List of instruments and technical provisions referred to in Article 4 relating to wine-sector products

A.    Instruments applicable to the import into and marketing in Switzerland of wine-sector products originating in the European Union

Acts and specific provisions referred to:

B.    Instruments applicable to the import into and marketing in the European Union of wine-sector products originating in Switzerland

Instruments referred to:

Accompanying document ( 16 )for the transport of wine-sector products from Switzerland ( 17 )

Appendix 4

Protected names referred to in Article 5

PART A

Protected names for wine-sector products originating in the European Union

NB: The words in italics are only for information or purposes, or both and are not subject to the provisions on protection referred to in this Annex.

PART B

Protected names for wine-sector products originating in Switzerland

Wines with a registered designation of origin

Auvernier

Basel-Landschaft

Basel-Stadt

Bern/Berne

Bevaix

Bielersee/Lac de Bienne

Bôle

Bonvillars

Boudry

Chablais

Champréveyres

Château de Choully

Château de Collex

Château du Crest

Cheyres

Chez-le-Bart

Colombier

Corcelles-Cormondrèche

Cornaux

Cortaillod

Coteau de Bossy

Coteau de Bourdigny

Coteau de Chevrens

Coteau de Choulex

Coteau de Choully

Coteau de Genthod

Coteau de la vigne blanche

Coteau de Lully

Coteau de Peissy

Coteau des Baillets

Coteaux de Dardagny

Coteaux de Peney

Côtes de Landecy

Côtes de Russin

Côtes-de-l’Orbe

Cressier

Domaine de l’Abbaye

Entre-deux-Lacs

Fresens

Genève

Glarus

Gorgier

Grand Carraz

Graubünden/Grigioni

Hauterive

La Béroche

La Côte

La Coudre

La Feuillée

Lavaux

Le Landeron

Luzern

Mandement de Jussy

Neuchâtel

Nidwalden

Obwalden

Peseux

Rougemont

Saint-Aubin-Sauges

Saint-Blaise

Schaffhausen

Schwyz

Solothurn

St.Gallen

Thunersee

Thurgau

Ticino whether or not preceded by ‘Rosso del’, ‘Bianco del’ or ‘Rosato del’

Uri

Valais/Wallis

Vaud

Vaumarcus

Ville de Neuchâtel

Vully

Zürich

Zürichsee

Zug

Traditional expressions

Auslese/Sélection/Selezione

Appellation d’origine

Appellation d’origine contrôlée (AOC)

Attestierter Winzerwy

Beerenauslese/Sélection de grains nobles

Beerli/Beerliwein

Château/Schloss/Castello ( 18 )

Cru

Denominazione di origine

Denominazione di origine controllata (DOC)

Eiswein/vin de glace

Federweiss/Weissherbst ( 19 )

Flétri/Flétri sur souche

Gletscherwein/Vin des Glaciers

Grand Cru

Indicazione geografica tipica (IGT)

Kontrollierte Ursprungsbezeichnung (KUB/AOC)

La Gerle

Landwein

Œil-de-Perdrix ( 20 )

Passerillé/Strohwein/Sforzato ( 21 )

Premier Cru

Pressé doux/Süssdruck

Primeur/Vin nouveau/Novello

Riserva

Schiller

Spätlese/Vendange tardive/Vendemmia tardiva ( 22 )

Sur lie(s)/auf der Hefe ausgebaut

Tafelwein

Terravin

Trockenbeerenauslese

Ursprungsbezeichnung

Village(s)

Vin de pays

Vin de table

Vin doux naturel ( 23 )

Vinatura

Vino da tavola

VITI

Winzerwy

Dénominations traditionnelles

Dôle

Dorin

Ermitage du Valais ou Hermitage du Valais

Fendant

Goron

Johannisberg du Valais

Malvoisie du Valais

Nostrano

Salvagnin

Païen ou Heida

Appendix 5

Terms and conditions referred to in Articles 8(9) and 25(1)(b)

Declaration by the Commission on Article 7

The European Union declares that it will not prevent Switzerland from using the terms ‘appellation d’origine protégée’ and ‘indication géographique protégée’, including their abbreviations ‘AOP’ and ‘IGP’ referred to in Article 7(1) of Annex 7 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, if the Swiss legislative system concerning geographical indications for the agriculture and wine sectors is harmonised with the European Union’s system.

▼B

ANNEX 8

ON THE MUTUAL RECOGNITION AND PROTECTION OF NAMES OF SPIRIT DRINKS AND AROMATISED WINE-BASED DRINKS

Article 1

The Parties hereby agree, in accordance with the principles of non-discrimination and reciprocity, to facilitate and promote trade with each other in spirit drinks and aromatised wine-based drinks.

▼M14

Article 2

This Annex shall apply to spirit drinks and aromatised drinks (aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails), as defined in the legislation referred to in Appendix 5.

▼B

Article 3

For the purposes of this Annex:

Article 4

1.  The following names shall be protected:

▼M14

2.  The name ‘grape marc’ or ‘grape marc spirit’ may be replaced by the name ‘Grappa’ for spirit drinks produced in the Italian-speaking areas of Switzerland from grapes from those regions and listed in Appendix 2, in accordance with the Regulation referred to in Appendix 5(a), first indent.

▼B

Article 5

1.  In Switzerland, the protected Community names:

2.  In the Community, the protected Swiss names:

3.  Without prejudice to Articles 22 and 23 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the Agreement establishing the World Trade Organisation (hereinafter called ‘the TRIPs Agreement’), the Parties shall take all the necessary measures, in accordance with this Annex, to ensure reciprocal protection of the names referred to in Article 4 and used to describe spirit drinks and aromatised drinks originating in the territory of the Parties. Each Party shall provide the interested parties with the legal means of preventing the uses of a designation to designate spirit drinks or aromatised drinks not originating in the place indicated by the designation in question or in the place where the designation in question is traditionally used.

▼M14

4.  The Parties hereby waive their right to invoke Article 24(4), (6) and (7) of the TRIPS Agreement in order to refuse to grant protection to a name from the other Party.

▼M21

Article 6

The protection afforded by Article 5 shall also apply even where the true origin of the spirit drink or the aromatised drink is indicated, or where the designation is translated, transcribed or has been transliterated, or accompanied by terms such as ‘kind’, ‘type’, ‘style’, ‘way’, ‘imitation’, ‘method’ or other analogous expressions, including graphic symbols which may lead to confusion.

▼B

Article 7

In cases of homonymy concerning names of spirit drinks and aromatised drinks, protection shall be accorded to each name. The Parties shall lay down the practical conditions under which the homonymous names in question are to be differentiated from each other, taking into account the need to treat the producers concerned fairly and to avoid misleading the consumer.

Article 8

This Annex shall in no way prejudice the right of any person to use, for trade purposes, their own name or the name of the person whose business they have taken over, provided that such names are not used in a way that misleads consumers.

Article 9

Nothing in this Annex shall oblige a Party to protect any name of the other Party which is not protected or ceases to be protected in its country of origin or which has fallen into disuse in that country.

Article 10

The Parties shall take all measures necessary to ensure that, in cases where spirit drinks or aromatised drinks originating in the territory of the Parties are exported and marketed outside their territory, the names of one Party protected under this Annex are not used to designate and present spirit drinks or aromatised drinks originating in the other Party.

Article 11

To the extent that the relevant legislation of the Parties allows, the benefit of the protection afforded by this Annex shall cover natural and legal persons and federations, associations and organisations of producers, traders and consumers whose head offices are located in the territory of the other Party.

Article 12

If the description or presentation of a spirit drink or aromatised drink, in particular on the labelling, in official or commercial documents or in advertising, is in breach of this Agreement, the Parties shall apply the necessary administrative measures or shall initiate suitable legal proceedings with a view to combating unfair competition or preventing the wrongful use of the protected name in any other way.

Article 13

This Annex shall not apply to spirit drinks and aromatised drinks which:

Article 14

1.  The Parties shall each designate the authorities responsible for the enforcement of this Annex.

2.  The Parties shall inform one another of the names and addresses of the above authorities not later than two months after this Annex comes into force. Those authorities shall cooperate closely and directly with each other.

Article 15

1.  If one of the authorities referred to in Article 14 has reason to suspect that:

that authority shall immediately inform the Commission and the relevant authority or authorities of the other Party.

2.  The information to be provided in accordance with paragraph 1 shall be accompanied by official, commercial or other appropriate documents, with details of any administrative measures or legal proceedings that may be taken. The information shall include, in particular, the following details concerning the spirit drink or aromatised drink in question:

Article 16

1.  The Parties shall enter into consultations if either considers that the other has failed to fulfil an obligation under this Annex.

2.  The Party which requests the consultations shall provide the other with all information necessary for a detailed examination of the case in question.

3.  In cases where any time limit or delay could endanger human health or impair the effectiveness of measures to control fraud, interim safeguard measures may be taken, without prior consultation, provided that consultations are held immediately after such measures are taken.

4.  If, following the consultations provided for in paragraph 1, the Parties have not reached agreement, the Party which has requested the consultations or taken the measures referred to in paragraph 1 may take appropriate safeguard measures so as to permit the proper application of this Annex.

Article 17

1.  The Working Group on Spirit Drinks, hereinafter called ‘the Working Group’, set up under Article 6(7) of the Agreement shall meet at the request of either Party and, in accordance with the requirements for implementing the Agreement, alternately in the Community and Switzerland.

2.  The Working Group shall consider all issues which may arise in connection with the implementation of this Annex. In particular, it may make recommendations to the Committee to contribute to the attainment of the objectives of this Annex.

Article 18

Where the legislation of either Party is amended to protect names other than those listed in the Appendices hereto, those names shall be included within a reasonable length of time following conclusion of the consultations.

Article 19

1.  Spirit drinks and aromatised drinks which, at the time of entry into force of this Annex, have been legally produced, described and presented but which are prohibited by this Annex may be marketed by wholesalers for a period of one year from the entry into force of the Agreement and by retailers until stocks are exhausted. From the entry into force of this Annex, spirit drinks and aromatised drinks included herein may no longer be produced outside the limits of their regions of origin.

2.  Unless the Committee decides otherwise, spirit drinks and aromatised drinks produced, described and presented in accordance with this Agreement whose description and presentation cease to comply with this Agreement following an amendment thereto may continue to be marketed until stocks are exhausted.

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Appendix 1

Appendix 2

PROTECTED NAMES OF SPIRIT DRINKS ORIGINATING IN SWITZERLAND

Wine spirit

Eau-de-vie de vin du Valais

Brandy du Valais

Grape marc spirit

Baselbieter Marc

Grappa del Ticino/Grappa Ticinese

Grappa della Val Calanca

Grappa della Val Bregaglia

Grappa della Val Mesolcina

Grappa della Valle di Poschiavo

Marc d’Auvernier

Marc de Dôle du Valais

Fruit spirit

Aargauer Bure Kirsch

Abricotine/Eau-de-vie d’abricot du Valais

Baselbieterkirsch

Baselbieter Mirabelle

Baselbieter Pflümli

Baselbieter Zwetschgenwasser

Bernbieter Kirsch

Bernbieter Mirabellen

Bernbieter Zwetschgenwasser

Bérudge de Cornaux

Canada du Valais

Coing d’Ajoie

Coing du Valais

Damassine

Eau-de-vie de poire du Valais

Emmentaler Kirsch

Framboise du Valais

Freiämter Zwetschgenwasser

Fricktaler Kirsch

Golden du Valais

Gravenstein du Valais

Kirsch d’Ajoie

Kirsch de la Béroche

Kirsch du Valais

Kirsch suisse

Lauerzer Kirsch

Luzerner Kernobstbrand

Luzerner Kirsch

Luzerner Pflümli

Luzerner Williams

Luzerner Zwetschgenwasser

Mirabelle d’Ajoie

Mirabelle du Valais

Poire d’Ajoie

Poire d’Orange de la Baroche

Pomme d’Ajoie

Pomme du Valais

Prune d’Ajoie

Prune du Valais

Prune impériale de la Baroche

Pruneau du Valais

Rigi Kirsch

Schwarzbuben Kirsch

Seeländer Kirsch

Seeländer Pflümliwasser

Urschwyzerkirsch

Zuger Kirsch

Cider spirit and perry spirit

Bernbieter Birnenbrand

Freiämter Theilerbirnenbrand

Luzerner Birnenträsch

Luzerner Theilerbirnenbrand

Gentian spirit

Gentiane du Jura

Juniper-flavoured spirit drinks

Genièvre ( 24 )

Genièvre du Jura

Liqueurs

Basler Eierkirsch

Bernbieter Cherry Brandy Liqueur

Bernbieter Griottes Liqueur

Bernbieter Kirschen Liqueur

Liqueur de poires Williams du Valais

Liqueur d’abricot du Valais

Liqueur de framboise du Valais

Baselbieter Burgermeister (Kräuterbrand)

Bernbieter Kräuterbitter

Eau-de-vie d’herbes du Jura

Eau-de-vie d’herbes du Valais

Genépi du Valais

Gotthard Kräuterbrand

Innerschwyzer Chrüter

Luzerner Chrüter (Kräuterbrand)

Walliser Chrüter (Kräuterbrand)

Other

Lie du Mandement

Lie de Dôle du Valais

Lie du Valais

▼B

Appendix 3

Protected names of aromatised drinks originating in the Community

Appendix 4

Protected names of aromatised drinks originating in Switzerland

None

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Appendix 5

LIST OF INSTRUMENTS REFERRED TO IN ARTICLE 2 RELATING TO SPIRIT DRINKS, AROMATISED WINE AND AROMATISED DRINKS

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ANNEX 9

ON ORGANICALLY PRODUCED AGRICULTURAL PRODUCTS AND FOODSTUFFS

Article 1

Objective

Without prejudice to their obligations with regard to products not originating in the Parties or other legislative provisions in force, the Parties undertake, in accordance with the principles of non-discrimination and reciprocity, to foster trade in organically produced agricultural products and foodstuffs from the Community and Switzerland complying with the laws and regulations listed in Appendix 1.

Article 2

Scope

1.  This Annex shall apply to organically produced plant products and foodstuffs complying with the laws and regulations listed in Appendix 1.

2.  The Parties undertake to extend the scope of this Annex to livestock, animal products and foodstuffs containing ingredients of animal origin once they have adopted the relevant laws and regulations. The Committee may decide to extend the scope of the Annex after those laws and regulations have been recognised as equivalent in accordance with Article 3 and by amendment of Appendix 1 in accordance with the procedure laid down in Article 8.

Article 3

Principle of equivalence

1.  The Parties hereby recognise the laws and regulations listed in Appendix 1 to this Annex as equivalent. The Parties may agree to exclude certain aspects or products from the equivalence arrangements. They shall specify this in Appendix 1.

2.  The Parties shall do their utmost to ensure that the laws and regulations specifically covering products as referred to in Article 2 develop along equivalent lines.

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3.  Imports between the Parties of organic produce which originates in or has been released for free circulation in one of the Parties and which is covered by equivalence arrangements as referred to in paragraph 1 shall not require any presentation of certificates of inspection.

▼B

Article 4

Free movement of organic products

In accordance with their internal procedures in this area, the Parties shall take the necessary measures so that products as referred to in Article 2 and complying with each other's laws and regulations as listed in Appendix 1 can be imported and placed on the market.

Article 5

Labelling

1.  With a view to developing arrangements to prevent the relabelling of organic products covered by this Annex, the Parties shall do their utmost to ensure that their laws and regulations provide for:

2.  The Parties may specify that products imported from each other meet the requirements on labelling laid down in their laws and regulations as listed in Appendix 1.

Article 6

Third countries

1.  The Parties shall do their utmost to ensure that the import arrangements applicable to organically produced products from third countries are equivalent.

2.  With a view to ensuring equivalence in practice as regards recognition in the case of third countries, the Parties shall consult each other before they recognise and include any third country in the list drawn up to that end in their laws and regulations.

Article 7

Exchange of information

Under Article 8 of the Agreement, the Parties and Member States shall send each other the following information in particular:

Article 8

Working Group on Organic Products

1.  The Working Group on Organic Products, hereinafter called the ‘Working Group’, set up pursuant to Article 6(7) of the Agreement shall consider all matters which may arise in connection with this Annex and its implementation.

2.  The Working Group shall periodically consider the state of the respective laws and regulations of the Parties in the fields covered by this Annex. It shall be responsible in particular for:

Article 9

Safeguard measures

1.  Where any delay may result in prejudice that is difficult to make good, provisional safeguard measures may be taken without prior consultation, provided that consultations are held immediately after any such measures are taken.

2.  If, following the consultations provided for in paragraph 1, the Parties fail to reach agreement, the Party which requested the consultations or took the measures referred to in paragraph 1 may take suitable interim protective measures to ensure that this Annex is applied properly.

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Appendix 1

List of acts referred to in Article 3 relating to organically produced agricultural products and foodstuffs

Regulations applicable in the European Union

Provisions applicable in the Swiss Confederation

Exclusion from the equivalence arrangements

Appendix 2

Implementation rules

None

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ANNEX 10

ON RECOGNITION OF CONFORMITY CHECKS FOR FRESH FRUIT AND VEGETABLES SUBJECT TO MARKETING STANDARDS

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Article 1

Scope

This Annex shall apply to fruit and vegetables to be consumed fresh or dried, in respect of which marketing standards have been laid down or are recognised by the European Union as alternatives to the general standard under Regulation (EU) No 1308/2013 of the European Parliament and of the Council ( 26 ).

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Article 2

Subject matter

1.  When products as referred to in Article 1 originating in Switzerland or originating in the European Union and re-exported to the European Union from Switzerland are accompanied by the certificate of conformity referred to in Article 3, they shall not be subject in the European Union to a check of compliance with the standards before their introduction into Swiss customs territory.

2.  The Office fédéral de l’agriculture is hereby designated as the agency responsible for checking compliance with European Union or equivalent standards of products originating in Switzerland or originating in the European Union and re-exported to the European Union from Switzerland. To that end the Office fédéral de l’agriculture may delegate its powers to carry out such checks to the bodies listed in Appendix 1, on the following conditions:

3.  Should Switzerland apply checks of compliance with marketing standards in respect of products as referred to in Article 1 before their introduction into Swiss customs territory, it shall adopt provisions equivalent to those laid down in this Annex to dispense products originating in the European Union from such checks.

Article 3

Certificate of conformity

1.  For the purposes of this Annex, ‘certificate of conformity’ means either:

2.  Consignments of products originating in Switzerland or originating in the European Union and re-exported to the European Union from Switzerland shall be accompanied by certificates of conformity until they are released for free circulation in the territory of the European Union.

3.  The certificate of conformity must bear the stamp of one of the bodies listed in Appendix 1 to this Annex.

4.  Where delegation of powers as provided for in Article 2(2) is withdrawn from one of the inspection bodies so empowered, certificates of conformity issued by that body shall no longer be recognised for the purposes of this Annex.

Article 4

Exchange of information

1.  Pursuant to Article 8 of the Agreement, the Parties shall send each other, inter alia, their lists of competent agencies and empowered inspection bodies. The European Commission shall notify the Office fédéral de l'agriculture of any irregularities or infringements detected with respect to compliance with the standards in force of consignments of fruit and vegetables originating in Switzerland or originating in the European Union and re-exported to the European Union from Switzerland under cover of certificates of conformity.

2.  With a view to ascertaining compliance with the conditions laid down in the third indent of Article 2(2), the Office fédéral de l'agriculture shall agree, at the European Commission’s request, to joint inspections being carried out at the premises of empowered bodies.

3.  Such joint inspections shall be carried out in accordance with the procedure to be proposed by the Working Group on Fruit and Vegetables and adopted by the Committee.

Article 5

Safeguard clause

1.  Where either Party considers that the other has failed to fulfil an obligation under this Annex, the two Parties shall hold consultations.

2.  The Party which requests the consultations shall provide the other with all information necessary for a detailed examination of the case in question.

3.  Where consignments of fruit and vegetables originating in Switzerland or originating in the European Union and re-exported to the European Union from Switzerland under cover of certificates of conformity are found not to comply with the standards in force and any time limit or delay might impair the effectiveness of fraud prevention measures or distort competition, temporary safeguard measures may be taken without prior consultations, provided that consultations are held immediately after the said measures have been taken.

4.  If, following the consultations provided for in paragraphs 1 or 3, the Parties fail to reach agreement within three months of starting the consultations, the Party which requested the consultations or took the measures provided for in paragraph 3 may take suitable protective measures, which may include the partial or total suspension of this Annex.

Article 6

Working Group on Fruit and Vegetables

1.  The Working Group on Fruit and Vegetables set up under Article 6(7) of the Agreement shall consider any matter which may arise in connection with this Annex and its implementation. It shall periodically review the Parties’ internal laws and regulations in the fields covered by this Annex.

2.  It shall in particular put forward proposals to the Committee with a view to the adaptation and updating of the Appendices hereto.

Appendix 1

Swiss inspection bodies authorised to issue certificates of conformity as provided for in Article 3 of Annex 10

Qualiservice

P.O. Box 7960

CH-3001 Bern

Appendix 2

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ANNEX 11

ON ANIMAL-HEALTH AND ZOOTECHNICAL MEASURES APPLICABLE TO TRADE IN LIVE ANIMALS AND ANIMAL PRODUCTS

Article 1

1.  Title I of this Annex shall cover:

2.  Title II of this Annex shall cover trade in animal products.

TITLE I

TRADE IN LIVE ANIMALS, THEIR SEMEN, OVA AND EMBRYOS

Article 2

1.  The Parties hereby note that they have similar legislation leading to identical results with regard to measures for the control and notification of animal diseases.

2.  The legislation referred to in paragraph 1 is specified in Appendix 1. That legislation shall apply subject to the special rules and procedures laid down in that Appendix.

Article 3

The Parties hereby agree that trade in live animals, their semen, ova and embryos shall be carried out in accordance with the legislation specified in Appendix 2. That legislation shall apply subject to the special rules and procedures laid down in that Appendix.

Article 4

1.  The Parties hereby note that they have similar legislation leading to identical results with regard to imports from third countries of live animals, their semen, ova and embryos.

2.  The legislation referred to in paragraph 1 is specified in Appendix 3. That legislation shall apply subject to the special rules and procedures laid down in that Appendix.

Article 5

The Parties hereby agree on the provisions of Appendix 4 regarding zootechnical aspects.

Article 6

The Parties hereby agree that checks on trade in and imports from third countries of live animals, their semen, ova and embryos shall be carried out in accordance with the provisions set out in Appendix 5.

TITLE II

TRADE IN ANIMAL PRODUCTS

Article 7

Objective

The objective of this Title shall be to facilitate trade in animal products between the Parties by establishing a mechanism for the recognition of equivalence of animal-health measures applied to such products by the Parties with due regard for the protection of public and animal health, and to improve communication and cooperation on animal-health measures.

Article 8

Multilateral obligations

Nothing in this Title shall limit the rights and obligations of the Parties under the Agreement establishing the World Trade Organisation and its Annexes thereto, and in particular the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS).

Article 9

Scope

1.  The scope of this Title shall be limited initially to the animal-health measures applied by either Party to the animal products listed in Appendix 6.

2.  Save as otherwise provided in the Appendices to this Title and without prejudice to Article 20 of this Annex, this Title shall not apply to animal-health measures relating to food additives (all food additives and colouring agents, processing aids and essences), irradiation, contaminants (physical contaminants and residues of veterinary medicinal products), chemicals arising from migration of substances from packaging materials, unauthorised chemical substances (food additives, processing aids, prohibited veterinary medicinal products, etc.), or the labelling of foodstuffs, medicated feeds and premixes.

Article 10

Definitions

For the purposes of this Title, the following definitions shall apply:

Article 11

Adaptation to regional conditions

1.  For the purposes of trade between the Parties, the measures referred to in Article 2 shall apply without prejudice to paragraph 2 below.

2.  Where either Party considers that it has special animal-health status with respect to a specific disease, it may request recognition of that status. The Party concerned may also request additional guarantees in accordance with that status in respect of imports of animal products. The guarantees for specific diseases shall be as specified in Appendix 8.

Article 12

Equivalence

1.  The recognition of equivalence requires an assessment and acceptance of

In this assessment, the Parties shall take account of experience already acquired.

2.  Equivalence shall apply to animal-health measures in force for animal product sectors or parts of sectors, to legislation, inspection and control systems or parts of systems and specific legislative provisions and inspection and/or hygiene requirements.

Article 13

Determination of equivalence

1.  To determine whether an animal-health measure applied by an exporting Party meets the importing Party's appropriate level of animal-health protection, the Parties shall follow a procedure that includes the following steps:

2.  Where equivalence has not been recognised, trade may take place under the conditions set by the importing Party to meet its appropriate level of protection as set out in Appendix 6. The exporting Party may agree to meet the importing Party's conditions without prejudice to the result of the procedure set out in paragraph 1.

Article 14

Recognition of sanitary measures

1.  The sectors or parts of sectors for which the respective animal-health measures are recognised as equivalent for trade purposes on the date of entry into force of this Annex shall be as listed in Appendix 6. For those sectors or parts of sectors, trade in animal products shall take place in accordance with the legislation referred to in Appendix 6. That legislation shall apply subject to the special rules and procedures laid down in that Appendix.

2.  The sectors or parts of sectors to which the Parties apply different animal-health measures shall be as listed in Appendix 6.

Article 15

Border checks and payment of fees

Checks on trade in animal products between the Community and Switzerland shall be carried out in accordance with:

Article 16

Verification

1.  To increase confidence in the effective implementation of the provisions of this Title, each Party shall have the right to carry out audit and verification procedures in respect of the exporting Party, which may include:

These procedures shall be carried out in accordance with Appendix 9.

2.  As regards the Community:

3.  As regards Switzerland, the Swiss authorities shall carry out the audit and verification procedures provided for in paragraph 1 and the border checks provided for in Article 15.

4.  Either Party may, with the consent of the other:

Article 17

Notification

1.  This Article shall apply in circumstances where the relevant provisions of Articles 2 and 20 do not apply.

2.  The Parties shall notify each other of:

3.  Notifications as provided for in paragraph 2 shall be made in writing to the contact points set out in Appendix 11.

4.  In cases of serious and immediate concern for public or animal health, oral notification shall be made to the contact points set out in Appendix 11, to be confirmed in writing within 24 hours.

5.  Where either Party has serious concerns regarding a risk to animal or public health, consultations shall, on request, be hold as soon as possible, and in any case within 14 days. Each Party shall endeavour in such situations to provide all information necessary to avoid disruption of trade and to reach a mutually acceptable solution.

Article 18

Exchange of information and submission of scientific research and data

1.  The Parties shall exchange information relevant to the implementation of this Title on a uniform and systematic basis, with a view to providing assurances, engendering mutual confidence and demonstrating the effectiveness of the programmes checked. Where appropriate, exchanges of officials may also contribute towards achieving those objectives.

2.  Exchange of information on changes in their respective animal-health measures and other relevant information shall include:

3.  The Parties shall ensure that scientific papers or data substantiating their views or claims are submitted to the relevant scientific authorities. Those authorities shall assess that material in good time and forward their findings to both Parties.

4.  The contact points for this exchange of information shall be as set out in Appendix 11.

TITLE III

GENERAL PROVISIONS

Article 19

Joint Veterinary Committee

1.  A Joint Veterinary Committee made up of representatives of the Parties shall be set up. It shall consider any matter arising in connection with this Annex and its implementation. It shall also be responsible for the tasks provided for in this Annex.

2.  The Joint Veterinary Committee shall be empowered to adopt decisions in the cases provided for in this Annex. Decisions adopted by the Joint Veterinary Committee shall be implemented by the Parties in accordance with their own rules.

3.  The Joint Veterinary Committee shall periodically consider the state of the domestic laws and regulations of the Parties in the fields covered by this Annex. It may decide to amend the appendices hereto, in particular with a view to their adaptation and updating.

4.  The Joint Veterinary Committee shall act by mutual agreement.

5.  The Joint Veterinary Committee shall establish its own Rules of Procedure. The Joint Veterinary Committee may, where necessary, be convened at the request of either Party.

6.  The Joint Veterinary Committee may set up technical working groups consisting of expert-level representatives of the Parties, which shall identify and address technical and scientific issues arising from this Annex. Where additional expertise is needed, the Joint Veterinary Committee may also establish ad hoc technical or scientific working groups, whose membership need not be restricted to representatives of the Parties.

Article 20

Safeguard clause

1.  Where the Community or Switzerland intends to implement safeguard measures in respect of the other Party, it shall inform the latter in advance. Without prejudice to the right of either Party to bring the planned measures into force immediately, consultations shall be held as soon as possible between the competent Commission departments and the Swiss authorities with a view to finding appropriate solutions. If necessary, the matter may be referred to the Joint Committee at the request of either Party.

2.  Where a Member State of the Community intends to implement interim protective measures in respect of Switzerland, it shall inform the latter in advance.

3.  Where the Community decides to adopt safeguard measures with respect to a part of the territory of the Community or a third country, the competent Commission department shall inform the competent Swiss authorities as soon as possible. After examining the situation, Switzerland shall adopt the measures entailed by that decision unless it considers that such measures are not justified. In the latter case, paragraph 1 shall apply.

4.  Where Switzerland decides to adopt safeguard measures with respect to a third country, it shall inform the competent Commission departments as soon as possible. Without prejudice to Switzerland's right to bring the planned measures into force immediately, consultations shall be held as soon as possible between the competent Commission departments and the Swiss authorities with a view to finding appropriate solutions. If necessary, the matter may be referred to the Joint Committee at the request of either Party.

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Appendix 1

CONTROL MEASURES/NOTIFICATION OF DISEASES

I.   Foot and mouth disease

A.   LEGISLATION ( *1 )

B.   IMPLEMENTING ARRANGEMENTS

II.   Classical swine fever

A.   LEGISLATION ( *2 )

B.   IMPLEMENTING ARRANGEMENTS

III.   African swine fever

A.   LEGISLATION ( *3 )

B.   IMPLEMENTING ARRANGEMENTS

IV.   African horse sickness

A.   LEGISLATION ( *4 )

B.   IMPLEMENTING ARRANGEMENTS

V.   Avian influenza

A.   LEGISLATION ( *5 )

B.   IMPLEMENTING ARRANGEMENTS

VI.   Newcastle disease

A.   LEGISLATION ( *6 )

B.   IMPLEMENTING ARRANGEMENTS

VII.   Diseases affecting fish and molluscs

A.   LEGISLATION ( *7 )

B.   IMPLEMENTING ARRANGEMENTS

VIII.   Transmissible spongiform encephalopathies

A.   LEGISLATION ( *8 )

B.   IMPLEMENTING ARRANGEMENTS

In accordance with Articles 179b and 180a of the Ordinance on epizootic diseases, Switzerland has banned the slaughter of animals suspected of being infected by a TSE. Suspect animals must be killed without spilling blood and incinerated, and their brains must be analysed in the Swiss reference laboratory for TSEs.

Under Article 10 of the Ordinance on epizootic diseases, Switzerland has introduced a uniform identification system for bovine animals enabling them to be traced back to the dam and herd of origin and making it possible to establish that they are not the progeny of BSE suspect females or BSE confirmed bovine animals.

Pursuant to Article 179c of the Ordinance on epizootic diseases, Switzerland slaughters animals infected with BSE, at the latest by the end of the production phase, all animals of the bovine species born between one year before and one year after the birth of the contaminated animal and which, over this period of time, were part of the herd, and all the direct descendants of the contaminated cows born in the two years which preceded the diagnosis.

By way of exception, in the case of breeds which are low in number, the herd does not have to be slaughtered. In this case, the herd is placed under official veterinary surveillance for a period of two years during which a clinical examination of the animals in the herd is carried out twice a year. If during this period animals are presented for slaughter, their heads, including tonsils, are subjected to an analysis by the Swiss reference laboratory for TSEs.

These measures are reviewed according to the findings from animal health monitoring. In particular, the monitoring period is extended if a new case of the disease is detected in the herd.

In the event of a confirmed case of BSE in a sheep or goat, Switzerland undertakes to apply the measures laid down in Annex VII to Regulation (EC) No 999/2001.

Under Article 27 of the Ordinance on the elimination of animal by-products (OESPA), Switzerland has introduced a total prohibition on the feeding of animal protein to farmed animals.

The rapid BSE tests used by Switzerland are listed in Chapter C of Annex X to Regulation (EC) No 999/2001.

Pursuant to Article 176 of the Ordinance on epizootic diseases, Switzerland carries out an obligatory rapid BSE test on all cattle older than 48 months that have died, been killed for reasons other than slaughter, been taken diseased to the slaughterhouse or have suffered an accident.

Pursuant to the provisions of Article 177 of the Ordinance on epizootic diseases, Switzerland has introduced a TSE monitoring programme for ovine and caprine animals more than 12 months old. Animals which are subject to emergency slaughter, have died on the farm or have been found to be ill during the ante mortem inspection and all animals slaughtered for human consumption were examined over the period from June 2004 to July 2005. As all the samples tested negative for BSE, samples for monitoring purposes are taken from clinical suspect animals, animals subject to emergency slaughter and animals which died on the farm.

The recognition of similarities in legislation governing the monitoring of TSEs in ovine and caprine animals will be reconsidered by the Joint Veterinary Committee.

C.   ADDITIONAL INFORMATION

The list of SRMs removed from bovine animals comprises the skull, excluding the mandible but including the brain and eyes, and the spinal cord of bovine animals aged over 12 months; the spinal column, excluding the vertebrae of the tail, the spinous and transversal processes of the cervical and lumbar vertebrae and the median sacral crest and the wings of the sacrum, but including the dorsal root ganglia and spinal cord of bovine animals aged over 24 months; the tonsils, the intestines from the duodenum to the rectum and the mesentery of bovine animals of all ages.

The list of SRMs removed from ovine and caprine animals comprises the skull, including the brain and eyes, the tonsils and the spinal cord of ovine and caprine animals aged over 12 months or which have a permanent incisor erupted through the gum, and the spleen and ileum of ovine and caprine animals of all ages.

Under Article 179d of the Ordinance on epizootic diseases and Article 4 of the Ordinance on foodstuffs of animal origin, Switzerland has introduced a policy of removing SRMs from the animal and human food chains. The list of SRMs removed from bovine animals comprises in particular the spinal column of animals aged over 30 months, and the tonsils, intestines from the duodenum to the rectum, and mesentery of animals of all ages.

Under Article 180c of the Ordinance on epizootic diseases and Article 4 of the Ordinance on foodstuffs of animal origin, Switzerland has introduced a policy of removing SRMs from the animal and human food chains. The list of SRMs removed from ovine and caprine animals includes in particular the brain in the cranial cavity, the spinal cord with the dura mater and the tonsils of animals aged over 12 months or which have a permanent incisor erupted through the gum, and the spleen and ileum of animals of all ages.

Under Article 22 of the Ordinance on the elimination of animal by-products, Switzerland is to incinerate category 1 animal by-products, including specified risk materials and animals which have died on the farm.

IX.   Bluetongue

A.   LEGISLATION ( *9 )

B.   IMPLEMENTING ARRANGEMENTS

X.   Zoonoses

A.   LEGISLATION ( *10 )

B.   IMPLEMENTING ARRANGEMENTS

XI.   Other diseases

A.   LEGISLATION ( *11 )

B.   IMPLEMENTING ARRANGEMENTS

XII.   Notification of diseases

A.   LEGISLATION ( *12 )

B.   IMPLEMENTING ARRANGEMENTS

The Commission, in cooperation with the Federal Food Safety and Veterinary Office, shall integrate Switzerland into the animal disease notification system provided for in Directive 82/894/EEC.

Appendix 2

ANIMAL HEALTH: TRADE AND PLACING ON THE MARKET

I.   Bovine animals and swine

A.   LEGISLATION ( *13 )

B.   IMPLEMENTING ARRANGEMENTS

If enzootic bovine leucosis has been found in 0,2 % of herds, the Federal Food Safety and Veterinary Office shall immediately notify the Commission. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph.

By virtue of the recognised status of Switzerland, Commission Decision 2004/558/EC (1)* shall apply mutatis mutandis.

The Federal Food Safety and Veterinary Office shall immediately notify the Commission of any change in the conditions on which recognition of that status is based. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph.

By virtue of the recognised status of Switzerland, Commission Decision 2008/185/EC (2)* shall apply mutatis mutandis.

The Federal Food Safety and Veterinary Office shall immediately notify the Commission of any change in the conditions on which recognition of that status is based. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph.

II.   Sheep and goats

A.   LEGISLATION ( *14 )

B.   IMPLEMENTING ARRANGEMENTS

Should ovine and caprine brucellosis appear or reappear, Switzerland shall inform the Joint Veterinary Committee so that the necessary measures can be taken in line with developments in the situation.

III.   Equidae

A.   LEGISLATION ( *15 )

B.   IMPLEMENTING ARRANGEMENTS

IV.   Poultry and hatching eggs

A.   LEGISLATION ( *16 )

B.   IMPLEMENTING ARRANGEMENTS

V.   Aquaculture animals and products

A.   LEGISLATION ( *17 )

B.   IMPLEMENTING ARRANGEMENTS

VI.   Bovine embryos

A.   LEGISLATION ( *18 )

B.   IMPLEMENTING ARRANGEMENTS

VII.   Bovine semen

A.   LEGISLATION ( *19 )

B.   IMPLEMENTING ARRANGEMENTS

VIII.   Porcine semen

A.   LEGISLATION ( *20 )

B.   IMPLEMENTING ARRANGEMENTS

IX.   Other species

A.   LEGISLATION ( *21 )

B.   IMPLEMENTING ARRANGEMENTS

The declaration may be adapted by the Swiss authorities to include in full the requirements of Article 9 of Directive 92/65/EEC.

X.   Non-commercial movements of pet animals

A.   LEGISLATION ( *22 )

B.   IMPLEMENTING ARRANGEMENTS

Appendix 3

IMPORTS OF LIVE ANIMALS, THEIR SEMEN, OVA AND EMBRYOS FROM THIRD COUNTRIES

I.   EUROPEAN UNION – LEGISLATION ( *23 )

A.   Ungulates, excluding equidae

Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (OJ L 139, 30.4.2004, p. 320).

B.   Equidae

Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae (OJ L 192, 23.7.2010, p. 1).

C.   Poultry and hatching eggs

Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs (OJ L 343, 22.12.2009, p. 74).

D.   Aquaculture animals

Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14).

E.   Bovine embryos

Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ L 302, 19.10.1989, p. 1).

F.   Bovine semen

Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (OJ L 194, 22.7.1988, p. 10).

G.   Porcine semen

Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ L 224, 18.8.1990, p. 62).

H.   Other live animals

I.   Other specific provisions

II.   SWITZERLAND – LEGISLATION ( *24 )

III.   IMPLEMENTING PROVISIONS

The Federal Food Safety and Veterinary Office shall apply, simultaneously with the Member States of the European Union, the import conditions set out in the acts mentioned in point I of this Appendix, the implementing measures and the lists of establishments from which the corresponding imports are authorised. This undertaking shall apply to all the relevant acts, irrespective of their date of adoption.

The Federal Food Safety and Veterinary Office may adopt more restrictive measures and require additional guarantees. Consultations shall be held within the Joint Veterinary Committee to find suitable solutions.

The Federal Food Safety and Veterinary Office and the Member States of the European Union shall notify each other of the specific import conditions established bilaterally, which have not been harmonised at European Union level.

For the purposes of this Annex, for Switzerland, the institutions accepted as approved centres in accordance with Annex C to Directive 92/65/EEC shall be published on the website of the Federal Food Safety and Veterinary Office.

Appendix 4

ZOOTECHNICAL PROVISIONS, INCLUDING THOSE GOVERNING IMPORTS FROM THIRD COUNTRIES

A.   LEGISLATION ( *25 )

B.   IMPLEMENTING ARRANGEMENTS

For the purposes of this Appendix, live animals and animal products traded between the Member States of the Community and Switzerland shall circulate under the conditions established for trade between the Member States of the Community.

Without prejudice to the provisions on zootechnical checks in Appendices 5 and 6, the Swiss authorities undertake to ensure that Switzerland applies to its imports the same provisions as those in Council Directive 94/28/EC.

Where difficulties arise, the matter shall be referred to the Joint Veterinary Committee at the request of either party.

Appendix 5

LIVE ANIMALS, SEMEN, OVA AND EMBRYOS: BORDER CHECKS AND INSPECTION FEES

CHAPTER I

General provisions – TRACES system

A.   LEGISLATION ( *26 )

B.   IMPLEMENTING ARRANGEMENTS

The Commission, in cooperation with the Federal Food Safety and Veterinary Office, shall integrate Switzerland into the TRACES system, in accordance with Commission Decision 2004/292/EC.

If necessary, transitional and complementary measures shall be laid down by the Joint Veterinary Committee.

CHAPTER II

Veterinary and zootechnical controls applicable to the trade between the Member States of the European Union and Switzerland

A.   LEGISLATION ( *27 )

Veterinary and zootechnical checks applicable in trade between the Member States of the Union and Switzerland shall be carried out in accordance with the provisions of the following acts:

B.   IMPLEMENTING ARRANGEMENTS

In the cases provided for in Article 8 of Directive 90/425/EEC, the competent authorities of the place of destination shall contact the competent authorities of the place of dispatch without delay. They shall take all necessary measures and notify the competent authority of the place of dispatch and the Commission of the nature of the checks carried out, the decisions taken and the reasons for such decisions.

The Joint Veterinary Committee shall be responsible for the application of the provisions of Articles 10, 11 and 16 of Directive 89/608/EEC and Articles 9 and 22 of Directive 90/425/EEC.

C.   SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION FOR ANIMALS SENT FOR GRAZING IN BORDER AREAS

1.   Definitions

Grazing: dispatching animals to a Member State or to Switzerland with a view to grazing in a 10 km strip on either side of the border. In special, duly substantiated conditions, a wider strip on either side of the border between Switzerland and the Union may be authorised by the competent authorities concerned.

Daily grazing: grazing where the animals are returned to their holding of origin in a Member State or in Switzerland at the end of each day.

2.

The provisions of Commission Decision 2001/672/EC (1)* shall apply mutatis mutandis to grazing between the Member States and Switzerland. However, for the purposes of this Annex, the following adjustments shall apply to Article 1 of Decision 2001/672/EC: —  the reference to the period from 1 May to 15 October shall be replaced by ‘the calendar year’, —  for Switzerland, the parties referred to in Article 1 of Decision 2001/672/EC and referred to in the corresponding Annex shall be: SWITZERLAND Canton of Zürich Canton of Bern/Berne Canton of Luzern Canton of Uri Canton of Schwyz Canton of Obwalden Canton of Nidwalden Canton of Glarus Canton of Zug Canton of Freiburg/Fribourg Canton of Solothurn Canton of Basel Stadt Canton of Basel Land Canton of Schaffhausen Canton of Appenzell Ausserrhoden Canton of Appenzell Innerrhoden Canton of Sankt Gallen Canton of Graubunden Canton of Aargau Canton of Thurgau Canton of Ticino Canton of Vaud Canton of Valais/Wallis Canton of Neuchâtel Canton of Geneva Canton of Jura Pursuant to the Ordinance on epizootic diseases of 27 June 1995 (OFE; RS 916.401), and in particular Article 7 (registration) thereof and the Ordinance of 26 November 2011 on the database on animal movements (Ordinance on the BDTA; RS 916.404.1), and in particular Section 2 (content of the database) thereof, Switzerland is to allocate to each pasturage a specific registration code which must be registered in the national database on bovine animals.

3.

In the case of grazing between the Member States of the Community and Switzerland, the official veterinarian of the country of dispatch shall: (a)  on the date of issue of the certificate and no later than 24 hours before the planned date of arrival of the animals, by means of the computerised system linking veterinary authorities provided for in Article 20 of Directive 90/425/EEC, inform the competent authority of the place of destination (local veterinary unit) to which the animals have been dispatched; (b)  examine the animals within 48 hours prior to their departure for the grazing ground; the animals must be duly identified; (c)  issue a certificate in accordance with the model in point 9 below.

4.	Throughout the duration of the grazing period, the animals shall remain under customs control.

5.

The holder of the animals must: (a)  agree, in a written statement, to comply with all measures taken pursuant to this Annex and any other measures introduced at local level, in the same way as any holder originating in a Member State of the Community or Switzerland; (b)  pay the costs of the checks required pursuant to this Annex; (c)  cooperate fully with arrangements for customs or veterinary checks required by the authorities of the country of dispatch or of destination.

6.

When the animals return at the end of the season or before, the official veterinarian of the country where the grazing ground is located shall: (a)  on the date of issue of the certificate and no later than 24 hours before the planned date of arrival of the animals, by means of the computerised system linking veterinary authorities provided for in Article 20 of Directive 90/425/EEC, inform the competent authority of the place of destination (local veterinary unit) to which the animals have been dispatched; (b)  examine the animals within 48 hours prior to their departure for the grazing ground; the animals must be duly identified; (c)  issue a certificate in accordance with the model in point 9 below.

7.	In the event of outbreaks of disease, the competent veterinary authorities shall take appropriate measures by mutual agreement. Those authorities shall consider how to cover any costs involved. If necessary, the matter shall be referred to the Joint Veterinary Committee.

8.

As an exception to the rules on grazing in points 1 to 7, in the case of daily grazing between the Member States of the Community and Switzerland: (a)  the animals shall not enter into contact with animals from another holding; (b)  the holders of such animals shall undertake to inform the competent veterinary authority of any contact between their animals and animals from another holding; (c)  the health certificate set out in point 9 below shall be presented to the competent veterinary authorities every calendar year when the animals first enter a Member State or Switzerland. This health certificate must be presented to the competent veterinary authorities at the request of the latter; (d)  points 2 and 3 above shall apply only to the first time in each calendar year that the animals are dispatched to a Member State or to Switzerland; (e)  point 6 shall not apply; (f)  the holders of animals shall undertake to inform the competent veterinary authority of the end of the grazing period.

9.	Model health certificate for bovine animals sent for grazing or daily grazing in border areas and for bovine animals returning from border grazing: Model health certificate for bovine animals sent for grazing or daily grazing in border areas and for bovine animals returning from border grazing

CHAPTER III

Conditions for trade between the European Union and Switzerland

A.   LEGISLATION

For the trade in live animals, their semen, ova, embryos, and the border grazing of bovine animals between the European Union and Switzerland, the health certificates are those provided for by this Annex and available in the TRACES system, pursuant to Commission Regulation (EC) No 599/2004 (2)*.

CHAPTER IV

Veterinary checks applicable to imports from third countries

A.   LEGISLATION ( *28 )

Checks on imports from third countries shall be carried out in accordance with the provisions of the following acts:

B.   IMPLEMENTING ARRANGEMENTS

The Joint Veterinary Committee shall be responsible for any subsequent amendments to the list of border inspection posts, their inspection centres and their type of approval.

On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 19 of Directive 91/496/EC and Article 57 of the Law on epizootic diseases.

The Federal Food Safety and Veterinary Office may adopt more restrictive measures and require additional guarantees. Consultations shall be held within the Joint Veterinary Committee to find suitable solutions.

The Federal Food Safety and Veterinary Office and the Member States of the European Union shall notify each other of the specific import conditions established bilaterally which have not been harmonised at European Union level.

CHAPTER V

Specific provisions

1.   IDENTIFICATION OF LIVESTOCK

A.   LEGISLATION ( *29 )

Checks on imports from third countries shall be carried out in accordance with the provisions of the following acts:

B.   IMPLEMENTING ARRANGEMENTS

2.   ANIMAL WELFARE

A.   LEGISLATION ( *30 )

B.   IMPLEMENTING ARRANGEMENTS

3.   FEES

Appendix 6

ANIMAL PRODUCTS

CHAPTER I

Sectors where recognition of equivalence is mutual

‘Animal products for human consumption’

The definitions of Regulation (EC) No 853/2004 shall apply mutatis mutandis.

Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

Special conditions

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‘Animal by-products not intended for human consumption’

Special conditions

For its imports, Switzerland applies the same provisions as those under Articles 25 to 28 and 30 to 31 and Annexes XIV and XV (certificates) to Regulation (EU) No 142/2011, in accordance with Articles 41 and 42 of Regulation (EC) No 1069/2009.

Trade in Category 1 and Category 2 materials shall be governed by Article 48 of Regulation (EC) No 1069/2009.

Category 3 materials traded between the Member States of the European Union and Switzerland shall be accompanied by the commercial documents and health certificates provided for in Chapter III of Annex VIII to Regulation (EU) No 142/2011, in accordance with Article 17 of Regulation (EU) No 142/2011 and with Articles 21 and 48 of Regulation (EC) No 1069/2009.

Pursuant to Title II, Chapter I, Section 2 of Regulation (EC) No 1069/2009 and Chapter IV and Annex IX to Regulation (EU) No 142/2011, Switzerland shall draw up the list of its corresponding establishments.

CHAPTER II

Sectors other than those covered by Chapter I

Exports from the European Union to Switzerland and exports from Switzerland to the European Union

These exports shall be subject to the same conditions as intra-Community trade. However, if relevant, a certificate attesting compliance with those conditions shall be issued by the competent authorities to accompany consignments.

If necessary, models for certificates shall be discussed in the Joint Veterinary Committee.

Appendix 7

COMPETENT AUTHORITIES

PART A

Switzerland

Health and veterinary monitoring competences shall be shared between the authorities of the individual Cantons and those of Federal Food Safety and Veterinary Office. The following provisions shall apply:

PART B

European Union

Responsibility shall be shared between the national services in the individual Member States and the European Commission. The following provisions shall apply:

▼B

Appendix 8

Adjustments to regional conditions

Appendix 9

Guidelines on procedures for conducting audits

For the purposes of this Appendix, ‘audit’ means assessment of performance.

1.   General principles

2.   Principles relating to the auditor

Those responsible for conducting the audit shall prepare a plan, preferably in accordance with recognised international standards, covering the following points:

The plan shall be reviewed in advance with representatives of the auditee.

3.   Principles relating to the auditee

With a view to facilitating the auditor's work, the following principles apply to action by the auditee.

4.   Procedures

4.1.   Opening meeting

An opening meeting shall be held between representatives of both Parties. At that meeting, the auditor shall be entrusted with the task of reviewing the audit plan and confirming that adequate resources, documentation, and any other facilities necessary are available for conducting the audit.

4.2.   Document review

The document review may consist of a review of the documents and records as referred to in point 3.1, the structures and powers of the auditee, and any changes in food inspection and certification systems since the adoption of this Annex or since the previous audit, with emphasis on those aspects of the inspection and certification system that relate to the animals or products concerned. This may include an examination of relevant inspection and certification records and documents.

4.3.   On-site verification

4.4.   Follow-up audit

Where a follow-up audit is conducted to see whether shortcomings have been put right, it may be sufficient to consider only those points found wanting.

5.   Working documents

Forms for reporting audit findings and conclusions shall be standardised as far as possible in order to make audits as uniform, transparent and efficient as possible. The working documents may include checklists of points for assessment. Such checklists may cover:

6.   Closing meeting

A closing meeting shall be held between representatives of both Parties, attended where appropriate by the officials responsible for implementing the national inspection and certification programmes. At that meeting the auditor shall present the findings of the audit. The information shall be presented clearly and concisely so that the conclusions of the audit are clearly understood.

An action plan to correction any shortcomings noted shall be drawn up by the auditee, preferably with target dates for completion.

7.   Report

The draft audit report shall be forwarded to the auditee as soon as possible. The latter shall have one month in which to comment on the draft report; any remarks of the auditee shall be included in the final report.

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Appendix 10

ANIMAL PRODUCTS: BORDER CHECKS AND PAYMENT OF FEES

CHAPTER I

General provisions

A.   LEGISLATION ( *31 )

B.   IMPLEMENTING PROVISIONS

The Commission shall immediately notify Switzerland of any rejection of a batch, a container or a cargo by a competent authority at an EU/Switzerland border post.

Switzerland shall immediately notify the Commission of any rejection of a batch, container or cargo of food or feed by a competent authority at a Swiss border post on the grounds of a direct or indirect risk to human health, and shall comply with the confidentiality rules provided for in Article 52 of Regulation (EC) No 178/2002.

The special measures relating to this participation shall be established by the Joint Veterinary Committee.

CHAPTER II

Veterinary checks applicable in trade between the Member States of the European Union and Switzerland

A.   LEGISLATION ( *32 )

Veterinary checks applicable in trade between the Member States of the European Union and Switzerland shall be carried out in accordance with the provisions below:

B.   IMPLEMENTING PROVISIONS

In the cases provided for in Article 8 of Directive 89/662/EEC, the competent authorities of the place of destination shall contact the competent authorities of the place of dispatch without delay. They shall take all necessary measures and notify the competent authority of the place of dispatch and the Commission of the nature of the checks carried out, the decisions taken and the reasons for such decisions.

The Joint Veterinary Committee shall be responsible for the application of the provisions of Articles 10, 11 and 16 of Directive 89/608/EEC and Articles 9 and 16 of Directive 89/662/EEC.

CHAPTER III

Veterinary checks applicable to imports from third countries

A.   LEGISLATION ( *33 )

Checks on imports from third countries shall be carried out in accordance with the provisions referred to below:

B.   IMPLEMENTING PROVISIONS

The Joint Veterinary Committee shall be responsible for any subsequent amendments to the list of border inspection posts, their inspection centres and their type of approval.

On-the-spot inspections are carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 45 of Regulation (EC) No 882/2004 and Article 57 of the Law on epizootic diseases.

CHAPTER IV

Health requirements and control requirements relating to trade between the European Union and Switzerland

For sectors where recognition of equivalence is mutual, animal products traded between the Member States of the Community and Switzerland shall move under the same conditions as products traded between the Member States of the Community. Where necessary, these products are accompanied by the health certificates required for trade between the Member States of the European Union or defined in this Annex and available in the TRACES system.

For the other sectors, the health requirements laid down in Chapter II of Appendix 6 shall continue to apply.

CHAPTER V

Health requirements and control requirements relating to imports from third countries

I.   EUROPEAN UNION — LEGISLATION ( *34 )

A.   Public health measures

B.   Animal health rules

C.   Other specific provisions ( *35 )

II.   SWITZERLAND – LEGISLATION ( *36 )

III.   IMPLEMENTING ARRANGEMENTS

The Federal Food Safety and Veterinary Office may adopt more restrictive measures and require additional guarantees. Consultations shall be held within the Joint Veterinary Committee to find suitable solutions.

The Federal Food Safety and Veterinary Office and the Member States of the European Union shall notify each other of the specific import conditions established bilaterally which have not been harmonised at Community level.

CHAPTER VI

Fees

Appendix 11

CONTACT POINTS

The Director

Veterinary and International Affairs

Directorate-General for Health and Food Safety

European Commission

B-1049 Brussels, Belgium

The Director

Federal Food Safety and Veterinary Office

CH-3003 Berne, Switzerland

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ANNEX 12

on the protection of designations of origin and geographical indications for agricultural products and foodstuffs

Article 1

Objectives

The Parties agree to promote, between themselves, the harmonious development of designations of origin and geographical indications for agricultural products and foodstuffs (hereinafter referred to as ‘GIs’) and to facilitate, by means of the protection of such designations and indications, bilateral trade in those agricultural products and foodstuffs which have been granted a GI under the Parties’ respective legislation.

Article 2

Legislative provisions of the Parties

1.  The Parties’ legislation relating to the protection of GIs in their respective territories shall allow for a uniform procedure for protection which shall meet the Parties’ joint objectives.

2.  Such legislation shall, inter alia, establish:

Article 3

Procedures prior to protection under the Agreement

Each Party shall submit the GIs of the other Party to examination and public consultation.

Article 4

Subject-matter of protection

1.  Each Party shall protect the GIs of the other Party listed in Appendix 1.

2.  That Appendix may be subject to additions in accordance with the procedure referred to in Article 16.

3.  The protection provided under this Annex shall not prejudice the processing of an individual request for registration in accordance with the Parties’ respective procedures.

Article 5

Scope

By way of derogation from Article 1 of this Agreement, this Annex shall apply to the GIs listed in Appendix 1, which designate products covered by the legislation of the two Parties as listed in Appendix 2.

Article 6

Eligibility for protection

1.  In order to be eligible for the protection provided for under this Annex, the Parties’ GIs shall be previously protected in their respective territories and shall originate from the Parties.

2.  The Parties shall not be obliged to protect a GI from the other Party that is no longer protected on the latter's territory.

Article 7

Extent of protection

1.  The GIs listed in Appendix 1 may be used by any operator marketing the products in accordance with the relevant specification in force.

2.  The direct or indirect commercial use of a protected GI is forbidden:

3.  The protection in question shall apply in the case of usurpation, imitation or evocation, even if:

4.  The GIs are also protected, inter alia, against:

5.  The GIs listed in Appendix 1 may not become generic.

Article 8

Specific provisions for certain names

1.  For a transitional period of three years from the entry into force of this Annex, the protection of the Swiss GI ‘Bündnerfleisch (Viande des Grisons)’ listed in Appendix 1 shall not preclude the use of that name, on the territory of the Union, to designate and present certain comparable products not originating from Switzerland.

2.  For a transitional period of three years from the entry into force of this Annex, the protection of the following Union GIs, listed in Appendix 1, shall not preclude the use thereof, on Swiss territory, in order to designate and present certain comparable products not originating from the Union:

3.  For a transitional period of five years from the entry into force of this Annex, the protection of the following Swiss GIs, listed in Appendix 1, shall not preclude the use thereof, on Union territory, in order to designate and present certain comparable products not originating from Switzerland:

4.  For a transitional period of five years from the entry into force of this Annex, the protection of the following Union GIs, listed in Appendix 1, shall not preclude the use thereof, on Swiss territory, in order to designate and present certain comparable products not originating from the Union:

5.  The following homonymous GIs from Switzerland and from the Union, listed in Appendix 1, shall be protected and may coexist:

Where appropriate, specific labelling measures shall be provided for, in order to distinguish between the products and exclude any risk of misleading information.

6.  The protection of the GIs ‘Grana Padano’ and ‘Parmigiano Reggiano’ shall not preclude, with regard to products intended for the Swiss market, and in respect of which all measures have been taken to avoid the re-exporting of such products, the possibility of grating and packaging (including cutting into portions and inner packaging) of these products on Swiss territory for a transitional period of six years from the entry into force of this Annex and without the right to use the symbols and indications of the Union for these GIs.

7.  The GI ‘Gruyère’ on the one hand and the GIs ‘Γραβιέρα Κρήτης (Graviera Kritis)’, ‘Γραβιέρα Αγράφων (Graviera Agrafon)’, ‘Κεφαλογραβιέρα (Kefalograviera)’ and ‘Γραβιέρα Νάξου (Graviera Naxou)’, on the other hand, describe clearly different cheeses, notably due to their specific geographical origin, the method by which they are produced and their organoleptic properties. The Parties therefore undertake to take all necessary measures to avoid and, if necessary, stop any abusive use or use which may give rise to confusion between the GI ‘Gruyère’ and the term ‘Γραβιέρα/Graviera’, in accordance with the provisions of Articles 13 and 15.

To that end, the Parties in particular agree that the term ‘Γραβιέρα/Graviera’ may under no circumstances be translated by ‘Gruyère’, and vice-versa.

Article 9

Relations with trademarks

1.  Without prejudice to paragraph 2 of this Article, with regard to the GIs listed in Appendix 1, the registration of a trademark corresponding to one of the situations referred to in Article 7 shall be refused or invalidated, either ex officio or at the request of an interested party, in accordance with each Party's legislation. This general obligation particularly refers to the fact that the request for a registration of a trademark corresponding to the situation provided for in Article 7(2)(a) shall be refused in accordance with each Party's legislation. Trademarks not registered in accordance with these provisions shall be invalid.

2.  A trademark, the use of which corresponds to one of the situations referred to in Article 7 and which has, in good faith, been filed, registered – or established through use, if this possibility is provided for in legislation – on the territory of the Party concerned, prior to the date of the entry into force of this Annex, may, without prejudice to Article 16(3), continue to be used and renewed notwithstanding the protection provided to the GI through this Annex, provided that no grounds of nullity or expiry, under the legislation of the Parties, can be applied to the said trademark.

Article 10

Relations with international Agreements

This Annex shall apply without prejudice to the rights and obligations of the Parties in accordance with the Agreement establishing the World Trade Organisation, or any other multilateral agreement on intellectual property law to which Switzerland and the Union are contracting parties.

Article 11

Legal capacity

The right to take action in order to ensure the protection of the GIs listed in Appendix 1 shall apply to natural or legal persons who are legitimately affected, in particular federations, associations and organisations of producers, traders or consumers established, or with their registered address located, on the territory of the other Party.

Article 12

Indications and symbols

In view of the Parties’ converging legislation, as mentioned in Article 2, each Party shall authorise, within its own territory, the marketing of products which may be covered under this Annex and which may bear official indications and possible official symbols, relating to GIs, used by the other Party.

Article 13

Implementation of the Annex and implementing measures

The Parties shall implement the protection provided for in Article 7 by any appropriate administrative action or legal proceedings, as appropriate, at the request of the other Party.

Article 14

Border measures

The Parties shall take any measure necessary to enable their respective customs authorities to hold at a border those products in respect of which it has been suspected that a GI protected under this Annex has been illegally used and which are intended to be imported to the customs territory of either Party, for export from the customs territory of either Party, for re-export, for placing in a free zone or free warehouse, or to be placed under one of the following schemes: international transit, customs warehouse, inward or outward processing arrangements, or temporary admission into the customs territory of one of the Parties.

Article 15

Bilateral cooperation

1.  The Parties shall provide each other with mutual assistance.

2.  The Parties shall exchange, regularly or at the request of either Party, any information which may be useful to ensure the smooth running of the provisions of this Annex, particularly regarding developments in the Parties’ legislative and regulatory provisions or of their GIs (amendments of names, symbols and logos, significant amendments to a specification, cancellation, etc.).

3.  The Parties shall inform each other, if either of them, as part of negotiations with a third country, proposes to protect a GI for an agricultural product or foodstuff from that third country and if that name is homonymous to a GI protected by the other Party, in order to allow the other Party to issue an opinion on the protection of the GI in question.

4.  The Parties shall enter into consultation with each other if either of them considers that the other has failed to fulfil an obligation under this Annex.

5.  The Committee shall examine any issue relating to the implementation of this Annex, or developments relating to its provisions. The Committee may, in particular, decide upon the amendments to be made to Article 8 and, if appropriate, decide upon the practical conditions of use that will make it possible to differentiate between homonymous GIs.

6.  The ‘PDO/PGI’ working group set up under Article 6(7) of the Agreement shall assist the Committee at the latter's request.

Article 16

Review clause

1.  As regards the GIs which have been recently registered by either Party, the Parties shall conduct the examination and consultation referred to in Article 3, in order to protect these products. New GIs will be included in Appendix 1 using the Committee procedures.

2.  The Parties undertake to examine the cases of GIs which are not included in Appendix 1 no later than two years after the entry into force of this Annex.

3.  The date referred to in Article 9(2) relates to the date when the request is sent to the other Party.

4.  The Parties shall consult each other with regard to any other amendments to be made to the Annex.

5.  Implementation measures not provided for in this Annex shall, where appropriate, be decided upon by the Committee.

Article 17

Transitional provisions

1.  Without prejudice to Article 8, products relating to the GIs listed in Appendix 1 which, at the time of the entry into force of this Annex, had been produced, designated and presented legally, in accordance with the law or national regulations of the Parties but prohibited under this Annex, may be marketed until stocks have been exhausted, for a maximum period of two years from the entry into force of this Annex.

2.  The transitional provisions referred to above shall, by analogy, apply to GIs subsequently added to Appendix 1, in accordance with the provisions of Article 16.

3.  Unless otherwise specified by the Committee, products produced, prepared, described and presented in compliance with this Annex but whose production, name and presentation cease to comply therewith following an amendment to the Annex may continue to be marketed until stocks have been exhausted.

▼M28

Appendix 1

LISTS OF THE PARTIES' GIs WHICH ARE PROTECTED BY THE OTHER PARTY

1.    List of Swiss GIs

2.    List of the Union's GIs

The classes of products are listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (OJ L 179, 19.6.2014, p. 36).

Appendix 2

THE PARTIES' LEGISLATION

European Union legislation

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules (OJ L 179, 19.6.2014, p. 17).

Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

Legislation of the Swiss Confederation

Order of 28 May 1997 on the protection of designations of origin and geographical indications for agricultural products and processed agricultural products, as last amended on 1 January 2015 (RS 910.12, RO 2014 3903).

▼M19

FINAL ACT

За Европейския съюз

Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

За Конфедерация Швейцария

Por la Confederación Suiza

Za Švýcarskou konfederaci

For Det Schweiziske Forbund

Für die Schweizerische Eidgenossenschaft

Šveitsi Konföderatsiooni nimel

Για την Ελβετική Συνομοσπονδία

For the Swiss Confederation

Pour la Confédération suisse

Per la Confederazione svizzera

Šveices Konfederācijas vārdā –

Šveicarijos Konfederacijos vardu

A Svájci Államszövetség részéről

Għall-Konfederazzjoni Żvizzera

Voor de Zwitserse Bondsstaat

W imieniu Konfederacji Szwajcarskiej

Pela Confederação Suíça

Pentru Confederația Elvețiană

Za Švajčiarsku konfederáciu

Za Švicarsko konfederacijo

Sveitsin valaliiton puolesta

För Schweiziska edsförbundet

JOINT DECLARATION ON HOMONYMOUS NAMES

The Parties recognise that the procedures relating to the requests for the registration of GIs made prior to the signature of the Declaration of Intent on 11 December 2009 under their respective legislations may continue notwithstanding the provisions of this Agreement and in particular Article 7 of Annex 12.

In the event of the registration of such GIs, the Parties agree that the provisions relating to homonymous names provided for in Article 3(3) of Regulation (EC) No 510/2006 and Article 4a of the Order on PDOs and PGIs (RS 910.12) shall apply. To that end, the Parties shall provide prior information thereof.

If necessary and in accordance with the procedures contained in Article 16 of Annex 12, the Committee may consider an amendment to Article 8 to specify the specific provisions concerning homonymous names.

▼B

FINAL ACT

Declaration by the European Community on cheese fondues,

Hecho en Luxemburgo, el veintiuno de junio de mil novecientos noventa y nueve

Udfærdiget i Luxembourg den enogtyvende juni nitten hundrede og nioghalvfems

Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig

Έγινε στο Λουξεμβούργο, στις είκοσι μία Ιουνίου χίλια εννιακόσια ενενήντα εννέα

Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine

Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf

Fatto a Lussembourgo, addì ventuno giugno millenovecentonovantanove

Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig

Feito em Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove

Tehty Luxemburgissa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän

Som skedde i Luxemburg den tjugoförsta juni nittonhundranittionio

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Por la Confederación Suiza

For Det Schweiziske Edsforbund

Für die Schweizerische Eidgenossenschaft

Για την Ελβετική Συνομοσπονδία

For the Swiss Confederation

Pour la Confédération suisse

Per la Confederazione svizzera

Voor de Zwitserse Bondsstaat

Pela Confederação Suíça

Sveitsin valaliiton puolesta

På Schweiziska edsförbundets vägnar

JOINT DECLARATION

on the Bilateral Agreements between the Member States of the European Union and Switzerland

The European Community and Switzerland hereby recognise that the bilateral Agreements between the Member States of the European Union and Switzerland shall apply without prejudice and subject to the obligations incumbent on the States which are parties to those Agreements by virtue of their membership of the European Union or of the World Trade Organisation.

They also recognise that the provisions of those Agreements shall stand only in so far as they are compatible with Community law, including the international Agreements concluded by the Community.

JOINT DECLARATION

on the tariff classification of powdered vegetables and powdered fruits

With a view to ensuring the grant, and maintaining the value, of the concessions accorded Switzerland by the Community for certain powdered vegetables and powdered fruits covered by Annex 2 to the Agreement on trade in agricultural products, the customs authorities of the Parties hereby agree to consider updating the tariff classification of powdered vegetables and powdered fruits in the light of experience gained in the application of the tariff concessions.

JOINT DECLARATION

on the meat sector

As from 1 July 1999, in view of the BSE crisis and the measures taken vis-à-vis Swiss exports by certain Member States and by way of an exception, an annual autonomous quota shall be opened by the Community for 700 tonnes net weight dried beef subject to ad valorem duty and exempt from the specific duty and shall apply for one year from the entry into force of the Agreement. The situation shall be reviewed where the import restrictions imposed by certain Member States on Switzerland have not been lifted by that date.

In return, for the same period and on the same terms as those applicable hitherto, Switzerland shall maintain its existing concessions (480 t net weight Parma and San Daniele ham, 50 t net weight Serrano ham and 170 t net weight Bresaola).

The rules of origin applicable shall be those of the non-preferential arrangements.

JOINT DECLARATION

on Switzerland's method of administering its tariff quotas for meat

The European Community and Switzerland hereby declare their intention, jointly and in particular in the light of the provisions of the WTO, to review Switzerland's method of administering its tariff quotas for meat with a view to arriving at a method of administration that is less of a barrier to trade.

JOINT DECLARATION

on the implementation of Annex 4 on plant health

Switzerland and the Community, hereinafter referred to as ‘the Parties’, undertake to implement Annex 4 on plant health as swiftly as possible. Annex 4 shall be implemented as and when the Swiss legislation covering plants, plant products and other objects as listed in Appendix A hereto is made equivalent with Community legislation as listed in Appendix B hereto in accordance with a procedure intended to include the plants, plant products and other objects in Appendix 1 to Annex 4 and the legislation of the two Parties in Appendix 2 thereto. That procedure shall also be used to supplement Appendices 3 and 4 to that Annex in line with Appendices C and D hereto as regards the Community and on the basis of the relevant provisions as regards Switzerland.

Articles 9 and 10 of Annex 4 shall be implemented when the said Annex comes into force, with a view to introducing, as swiftly as possible, the instruments for recording the plants, plant products and other objects in Appendix 1 to Annex 4, recording the two Parties' legislative provisions having equivalent results in terms of protection against the introduction and propagation of organisms harmful to plants and plant products in Appendix 2 to Annex 4, recording the authorities responsible for issuing plant health passports in Appendix 3 to Annex 4 and, where necessary, defining the areas and special requirements relating thereto in Appendix 4 to Annex 4.

The Working Party on Plant Health referred to in Article 10 of Annex 4 shall consider the Swiss legislative amendments as soon as possible with a view to ascertaining whether they have equivalent results to the Community's provisions in terms of protection against the introduction and propagation of organisms harmful to plants and plant products. It shall ensure that Annex 4 is implemented gradually so it applies as quickly as possible to the greatest possible number of plants, plant products and other objects as listed in Appendix A hereto.

The Parties undertake to hold technical consultations with a view to promoting the introduction of legislation having equivalent results in terms of protection against the introduction and propagation of organisms harmful to plants and plant products.

Appendix A

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS FOR WHICH THE TWO PARTIES WILL ENDEAVOUR TO FIND A SOLUTION IN ACCORDANCE WITH ANNEX 4

A.   PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING IN THE TERRITORY OF EITHER PARTY

1.   Plants and plant products where they are in circulation

1.1.   Plants intended for planting, not including seeds

1.2.   Parts of plants not including fruit or seeds, but including live pollen for pollination

1.3.   Plants of stoloniferous and tuberous species intended for planting

Solanum L. and hybrids thereof

1.4.   Plants, not including fruit or seeds

Vitis L.

2.   Plants, plant products and other objects produced by producers authorised to produce for sale to persons professionally engaged in plant production, other than plants, plant products and other objects prepared and ready for sale to the final consumer and for which it is guaranteed by the (authorities responsible in the) parties, that the production thereof is clearly separate from that of other products

2.1.   Plants, other than seeds

2.2.   Plants intended for planting, other than seeds

Solanaceae, other than those referred to in item 1.3.

2.3.   Rooted plants or plants with growing medium attached or associated

2.4.   Seeds and bulbs

2.5.   Plants intended for planting

Allium porrum L.

2.6.   Bulbs and corms intended for planting

B.   PLANTS AND PLANT PRODUCTS ORIGINATING IN TERRITORIES OTHER THAN THOSE TERRITORIES REFERRED TO IN A

3.   All plants intended for planting

other than:

4.   Seeds

4.1.   Seeds originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay

4.2.   Seeds originating elsewhere than in the territory of either Party

4.3.   Seeds of the following genera originating in Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, the United States

5.   Plants, other than fruit and seeds

Vitis L.

6.   Parts of plants, other than fruit and seeds

7.   Fruits (from non-European countries)

8.   Tubers other than those intended for planting

Solanum tuberosum L.

9.   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

10.   Soil and growing medium

Appendix B

LEGISLATION

European Community provisions:

Appendix C

AUTHORITIES RESPONSIBLE FOR ISSUING PLANT PASSPORTS

Community

Ministère des Classes moyennes et de l'Agriculture

Service de la Qualité et de la Protection des végétaux

WTC 3 — 6ème étage

Boulevard Simon Bolivar 30

B-1210 Brussels

Tel. (32-2) 208 37 04

Fax (32-2) 208 37 05

Ministeriet for Fødevarer, Landbrug og Fiskerei

Plantedirektoratet

Skovbrynet 20

DK-2800 Lyngby

Tel. (45) 45 96 66 00

Fax (45) 45 96 66 10

Bundesministerium für Ernährung, Landwirtschaft und Forsten

Rochusstraße 1

D-53123 Bonn 1

Tel. (49-228) 529 35 90

Fax (49-228) 529 42 62

Ministry of Agriculture

Directorate of Plant Produce

Plant Protection Service

3-5, Ippokratous Str.

GR-10164 Athens

Tel. (30-1) 360 54 80

Fax (30-1) 361 71 03

Ministério de Agricultura, Pesca y Alimentación

Dirección General de Sanidad de la Producción Agraria

Subdirección general de Sanidad Vegetal

MAPA, c/Velazquez, 147 1a Planta

E-28002 Madrid

Tel. (34-1) 347 82 54

Fax (34-1) 347 82 63

Ministry of Agriculture and Forestry

Plant Production Inspection Centre

Plant Protection Service

Vilhonvuorenkatu 11 C, PO box 42

FIN-00501 Helsinki

Tel. (358-0) 13 42 11

Fax (358-0) 13 42 14 99

Ministère de l'Agriculture, de la Pêche et de l'Alimentation

Direction générale de l'Alimentation

Sous-direction de la Protection des végétaux

175 rue du Chevaleret

F-75013 Paris

Tel. (33-1) 49 55 49 55

Fax (33-1) 49 55 59 49

Ministero delle Risorse Agricole, Alimentari e Forestali

DGPAAN — Servizio Fitosanitario Centrale

Via XX Settembre, 20

I-00195 Rome

Tel. (39-6) 488 42 93 — 46 65 50 70

Fax (39-6) 481 46 28

Ministerie van Landbouw, Natuurbeheer en Visserij

Plantenziektenkundige Dienst (PD)

Geertjesweg 15—Postbus 9102

6700 HC Wageningen

The Netherlands

Tel. (31-317) 49 69 11

Fax (31-317) 42 17 01

Bundesministerium für Land- und Forstwirtschaft

Stubenring 1

Abteilung Pflanzenschutzdienst

A-1012 Vienna

Tel. (43-1) 711 00 68 06

Fax (43-1) 711 00 65 07

Direcção-geral de Protecção das culturas

Quinta do Marquês

P-2780 Oeiras

Tel. (351-1) 443 50 58/443 07 72/3

Fax (351-1) 442 06 16/443 05 27

Swedish Board of Agriculture

Plant Protection Service

S-551 82 Jönkoping

Tel. (46-36) 15 59 13

Fax (46-36) 12 25 22

Ministère de l'Agriculture

ASTA

16, route d'Esch

BP 1904

L-1019 Luxembourg

Tel. (352) 45 71 72 218

Fax (352) 45 71 72 340

Department of Agriculture, Food and Forestry

Plant Protection Service Agriculture House (7 West),

Kildare street

Dublin 2

Ireland

Tel. (353-1) 607 20 03

Fax (353-1) 661 62 63

Ministry of Agriculture, Fisheries and Food

Plant Health Division

Foss House, Kings Pool

1-2 Peasholme Green

York YO1 2PX

United Kingdom

Tel. (44-1904) 45 51 61

Fax (44-1904) 45 51 63

Appendix D

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 are defined in the two parties' respective legislative and administrative provisions set out below.

European Community provisions

JOINT DECLARATION

on coupage of wine-sector products originating in the Community and marketed in Swiss Territory

Article 4(1) of Annex 7, read in conjunction with point A of Appendix 1 thereto, permits coupage on Swiss territory of wine-sector products originating in the Community with other Community wine-sector products or with products of other origins solely under the conditions laid down in the relevant Community provisions or, where no such provisions exist, in the provisions of the Member States listed in Appendix 1. As a consequence, Article 371 of the Swiss Ordonnance of 1 March 1995 on foodstuffs shall not apply to such products.

JOINT DECLARATION

on legislation concerning spirit drinks and aromatised wine-product drinks

Desirous of establishing favourable conditions for facilitating and promoting trade with each other in spirit drinks and aromatised wine-product drinks and, to that end, of eliminating technical barriers to trade in such drinks, the Parties hereby agree as follows:

Switzerland hereby undertakes to make its legislation equivalent to Community legislation on the subject and as of now to initiate the relevant procedures with a view to adapting, within three years of the entry into force of the Agreement, its legislation on the definition, description and presentation of spirit drinks and aromatised wine-product drinks.

Once Switzerland has introduced legislation deemed by both Parties as equivalent to that of the Community, the European Community and Switzerland shall initiate the procedures to incorporate in the Agreement on trade in agricultural products an annex on the mutual recognition of their legislation on spirit drinks and aromatised wine-product drinks.

JOINT DECLARATION

on the protection of geographical indications and designations of origin of agricultural products and foodstuffs

The European Community and Switzerland (hereinafter referred to as ‘the Parties’) hereby agree that the mutual protection of designations of origin (PDOs) and geographical indications (PGIs) is essential for the liberalisation of trade in agricultural products and foodstuffs between the Parties. The incorporation of provisions relating thereto in the bilateral Agreement on trade in agricultural products is a necessary addition to Annex 7 to the Agreement on trade in wine-sector products, and in particular Title II thereof, which provides for the mutual protection of the names of such products, and to Annex 8 to the Agreement on the mutual recognition and protection of names of spirit drinks and aromatised wine-based drinks.

The Parties shall provide for provisions on the mutual protection of PDOs and PGIs to be incorporated in the Agreement on trade in agricultural products on the basis of equivalent legislation, as regards both the conditions governing the registration of PDOs and PGIs and the arrangements on controls. The incorporation of those provisions should take place on a date which is acceptable to both Parties, and not before Article 17 of Council Regulation (EEC) No 2081/92 has been fully applied as regards the Community as constituted at present. In the meantime, the Parties shall keep each other informed of their work in this area while taking legal constraints into account.

JOINT DECLARATION

on Annex 11 on animal-health and zootechnical measures applicable to trade in live animals and animal products

In conjunction with the Member States concerned, the Commission of the European Communities shall closely monitor the development of BSE and measures to combat the disease adopted by Switzerland with a view to finding an appropriate solution. Under these circumstances, Switzerland hereby undertakes not to initiate any procedures against the Community or its Member States within the World Trade Organisation.

JOINT DECLARATION

on further negotiations

The European Community and the Swiss Confederation declare their intention of undertaking negotiations to conclude agreements in areas of common interest such as the updating of Protocol 2 to the 1972 Free Trade Agreement and Swiss participation in certain Community training, youth, media, statistical and environmental programmes. Preparatory work for these negotiations should proceed rapidly once the current bilateral negotiations have been concluded.

DECLARATION BY THE EUROPEAN COMMUNITY

on cheese fondues

The European Community hereby declares its readiness, in connection with the adaptation of Protocol 2 to the 1972 Free Trade Agreement, to consider the list of cheeses used in cheese fondues.

DECLARATION BY SWITZERLAND

on grappa

Switzerland hereby declares that it undertakes to abide by the definition laid down in the Community for the name ‘grappa’ (‘grape marc spirit’ or ‘grape marc’) referred to in Article 1(4)(f) of Council Regulation (EEC) No 1576/89.

DECLARATION BY SWITZERLAND

on names for poultry relating to the type of farming

Switzerland hereby declares that it currently has no legislation relating specifically to the type of farming and the names for poultry.

Nonetheless, it declares its intention as of now to initiate the relevant procedures with a view, within three years of the entry into force of the Agreement, to adopting legislation specifically relating to the type of farming and the names for poultry that is equivalent to the Community legislation on the subject.

Switzerland hereby declares that it has relevant legislation relating in particular to protecting consumers against misleading practices, to animal protection, to the protection of marks and to combating unfair competition.

It declares that the existing legislation is applied in such a way as to ensure that the consumer is provided with relevant, objective information with a view to guaranteeing fair competition between poultry of Swiss origin and poultry of Community origin. It shall pay special attention to preventing the utilisation of inaccurate or deceptive information liable to mislead the consumer as to the nature of the products, the type of farming and the names for poultry placed on the market in Switzerland.

DECLARATION

on Swiss attendance of committees

The Council agrees that Switzerland's representatives may, in so far as the items concern them, attend meetings of the following committees and expert working parties as observers:

Switzerland's representatives shall not be present when these committees vote.

In the case of other committees dealing with areas covered by these agreements in which Switzerland has adopted either the acquis communautaire or equivalent measures, the Commission will consult Swiss experts by the method specified in Article 100 of the EEA Agreement.

---

( 1 ) The basic amounts on which the elimination of export subsidies were based were calculated by common agreement by the Parties on the basis of the difference in the institutional prices for milk likely to be in force when the Agreement entered into force, plus an additional amount for milk processed into cheese, obtained on the basis of the quantity of milk needed to manufacture the cheeses concerned, minus (except in the case of cheeses subject to quotas) the reduction of customs duty applied by the Community.

( 2 ) 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).

( 3 ) 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).

( 4 ) 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.

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

( 6 ) OJ L 169, 10.7.2000, p. 1.

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

( 8 ) Where applicable, only with regard to cereal seed or seed potatoes.

( 9 ) Local varieties authorised for marketing in Switzerland are not covered.

( 10 ) Where applicable, only with regard to cereal seed or seed potatoes.

( 11 ) Where applicable, excluding cereal seed or seed potatoes.

( 12 ) Where applicable, only with regard to varieties of cereal seed or seed potatoes.

( 13 ) Where applicable, only with regard to cereal seed or seed potatoes.

( 14 ) Recognition is based on Council Decision 95/514/EC (OJ L 296, 9.12.1995, p. 34), as last amended by Decision 98/162/EC (OJ L 53, 24.2.1998, p. 21) for field inspections of seed-producing crops and seeds produced, and on Council Decision 97/788/EC (OJ L 322, 25.11.1998, p. 39) for checks on practices for the maintenance of varieties. The Agreement on the European Economic Area applies in the case of Norway.

( 15 ) OJ L 193, 24.7.2009, p. 60.

( 16 ) In accordance with Appendix 1(B)(9) of Annex 7 to the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on trade in agricultural products.

( 17 ) The wine-growing zone to which this document refers is the territory of the Swiss Confederation.

( 18 ) These terms are protected only for cantons benefiting from a precise definition, namely Vaud, Valais and Genève.

( 19 ) These terms shall be protected without prejudice to use of the German traditional term ‘Federweisser’ for grape must in fermentation intended for human consumption, as provided for in Article 3(c) of the German Wine Act and Article 40 of Regulation (EC) No 607/2009.

( 20 ) This term is protected without prejudice to Article 40 of Regulation (EC) No 607/2009.

( 21 ) For exports to the Union, total alcoholic strength (actual and potential) of 16 % vol.

( 22 ) For exports to the Union, the natural sugar content must be at least 1 % above the average for the year of other wines.

( 23 ) For the purposes of exports to the Union, this term means a liqueur wine with stricter characteristics as regards sugar yield and content (initial natural sugar content 252 g/l).

( 24 ) Considering that ‘Genièvre’ is a protected geographical indication in the European Union and that Switzerland has expressed its intention to protect the name ‘Genièvre’ as a geographical indication on its territory, the European Union and Switzerland have agreed to include the name ‘Genièvre’ in Appendices 1 and 2 of Annex 8.

The Parties undertake to reexamine the situation for this name in 2015 in light of the progress made in the protection of the name ‘Genièvre’ as a geographical indication in Switzerland.

( 25 ) (RS 910.18)

( 26 ) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

( 27 ) OJ L 157, 15.6.2011, p. 1.

( *1 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before Tuesday 31 December 2014.

( *2 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *3 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *4 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *5 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *6 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *7 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *8 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *9 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *10 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *11 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *12 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *13 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *14 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *15 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *16 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *17 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *18 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *19 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *20 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *21 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *22 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *23 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *24 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *25 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *26 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *27 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *28 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *29 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *30 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( 28 ) Commission Implementing Regulation (EU) 2015/1375 of 10 August 2015 laying down specific rules on official controls for Trichinella in meat (OJ L 212, 11.8.2015, p. 7).

( *31 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *32 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *33 ) Unless indicated otherwise, any reference to an act shall mean that act as most recently amended.

( *34 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *35 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( *36 ) Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014.

( 29 ) Subject to special provisions contemplated in respect of the plum pox virus.