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Document 02002A0430(04)-20201101

Consolidated text: Agreement between the European Community and the Swiss Confederation on trade in agricultural products

02002A0430(04) — EN — 01.11.2020 — 006.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►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

►M31

DECISION No 1/2020 OF THE JOINT COMMITTEE ON AGRICULTURE of 31 July 2020

  L 323

1

5.10.2020


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)




▼B

AGREEMENT

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



THE EUROPEAN COMMUNITY,

hereinafter referred to as the ‘Community’,

and

THE SWISS CONFEDERATION,

hereinafter referred to as ‘Switzerland’,

together referred to hereinafter as ‘the Parties’,

RESOLVED gradually to eliminate the barriers affecting the bulk of their trade in accordance with the provisions on the establishment of free-trade areas in the Agreement establishing the World Trade Organisation,

Whereas, in Article 15 of the Free Trade Agreement of 22 July 1972, the Parties declared their readiness to foster, so far as their agricultural policies allow, the harmonious development of trade in agricultural products to which that Agreement does not apply,

HAVE AGREED AS FOLLOWS:



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: ◄

— 
Annex 4 on plant health,
— 
Annex 5 on animal feed,
— 
Annex 6 on seeds,
— 
Annex 7 on trade in wine-sector products,
— 
Annex 8 on the mutual recognition and protection of names of spirit drinks and aromatised wine-based drinks,
— 
Annex 9 on organically produced agricultural products and foodstuffs,
— 
Annex 10 on recognition of conformity checks for fruit and vegetables subject to marketing standards,
— 
Annex 11 on animal health and zootechnical measures applicable to trade in live animals and animal products,

▼M19

— 
Annex 12 on the protection of designations of origin and geographical indications for agricultural products and foodstuffs.

▼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:

(a) 

the following procedures shall apply in the absence of specific provisions:

— 
where either Party intends to implement safeguard measures with respect to part or all of the territory of the other, it shall inform the latter in advance, stating its reasons,
— 
where either Party takes safeguard measures in respect of part or all of its own territory or that of a third country, it shall inform the other as soon as possible,
— 
without prejudice to the possibility of putting the planned measures into force immediately, consultations shall be held between the two Parties as soon as possible with a view to finding suitable solutions,
— 
where safeguard measures are taken by a Member State of the Community with respect to Switzerland, another Member State or a third country, the Community shall duly inform Switzerland as soon as possible;
(b) 

measures which least disrupt the way this Agreement operates must be given priority.

▼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:

Agreement on Trade in Agricultural Products
Agreement on the Free Movement of Persons
Agreement on Air Transport
Agreement on the Carriage of Goods and Passengers by Road and Rail
Agreement on Mutual Recognition in Relation to Conformity Assessment
Agreement on Certain Aspects of Government Procurement
Agreement on Scientific and Technological Cooperation.

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

signatory

signatory

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

signatory

signatory

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:



Swiss tariff heading

Description

Customs duty applicable

(CHF/100 kg gross weight)

Annual quantity

(tonnes net weight)

0101 90 95

Live horses (excl. pure-bred horses for breeding and horses for slaughter) (in number of head)

0

100 head

0204 50 10

Goat meat, fresh, chilled or frozen

40

100

0207 14 81

Breasts of fowls of domestic species, frozen

15

2 100

0207 14 91

Cuts and edible offal of fowls of domestic species, including livers (excluding breasts), frozen

15

1 200

0207 27 81

Breasts of turkeys of domestic species, frozen

15

800

0207 27 91

Cuts and edible offal of turkeys of domestic species, including livers (excluding breasts), frozen

15

600

0207 33 11

Ducks of domestic species, not cut in pieces, frozen

15

700

0207 34 00

Fatty livers of ducks, geese or guinea fowls of domestic species, fresh or chilled

9,5

20

0207 36 91

Cuts and edible offal of ducks, geese or guinea fowls of domestic species, frozen (excluding fatty livers)

15

100

0208 10 00

Meat and edible offal of rabbits or hares, fresh, chilled or frozen

11

1 700

0208 90 10

Meat and edible offal of game, fresh, chilled or frozen (other than of hares or wild boar)

0

100

ex 0210 11 91

Hams and cuts thereof, with bone in, of swine (other than wild boar), salted or in brine, dried or smoked

free

1 000  (1)

ex 0210 19 91

Hams and cuts thereof, boneless, of swine (other than wild boar), salted or in brine, dried or smoked

free

0210 20 10

Dried meat of bovine animals

free

200  (2)

ex 0407 00 10

Edible birds' eggs, in shell, fresh, preserved or cooked

47

150

ex 0409 00 00

Natural acacia honey

8

200

ex 0409 00 00

Natural honey, other (excluding acacia)

26

50

0602 10 00

Unrooted cuttings and slips

free

unlimited

 

Plants in the form of pomaceous fruit rootstock (of seedling origin or produced by vegetative propagation):

free

 (3)

0602 20 11

—  grafted, bare rooted

0602 20 19

—  grafted, with root ball

0602 20 21

—  not grafted, bare rooted

0602 20 29

—  not grafted, with root ball

 

Plants in the form of stone fruit rootstock (of seedling origin or produced by vegetative propagation):

free

 (3)

0602 20 31

—  grafted, bare rooted

0602 20 39

—  grafted, with root ball

0602 20 41

—  not grafted, bare rooted

0602 20 49

—  not grafted, with root ball

 

Plants other than in the form of pomaceous or stone fruit rootstock (of seedling origin or produced by vegetative propagation), of kinds which bear edible fruit:

free

unlimited

0602 20 51

—  bare rooted

0602 20 59

—  other than bare rooted

 

Trees, shrubs and bushes, of kinds which bear edible fruit, bare rooted:

free

 (3)

0602 20 71

—  of kinds which bear pomaceous fruit

0602 20 72

—  of kinds which bear stone fruit

0602 20 79

—  other than of kinds which bear pomaceous or stone fruit

free

unlimited

 

Trees, shrubs and bushes, of kinds which bear edible fruit, with root ball:

free

 (3)

0602 20 81

—  of kinds which bear pomaceous fruit

0602 20 82

—  of kinds which bear stone fruit

0602 20 89

—  other than of kinds which bear pomaceous or stone fruit

free

unlimited

0602 30 00

Rhododendrons and azaleas, grafted or not

free

unlimited

 

Roses, grafted or not:

free

unlimited

0602 40 10

—  wild roses and wild rose stems

 

—  other than wild roses or wild rose stems:

0602 40 91

—  bare rooted

0602 40 99

—  other than bare rooted, with root ball

 

Plants (of seedling origin or produced by vegetative propagation), of useful species; mushroom spawn:

free

unlimited

0602 90 11

—  seedling vegetables and turf rolls

0602 90 12

—  mushroom spawn

0602 90 19

—  other than seedling vegetables, turf rolls or mushroom spawn

 

Other live plants (including their roots):

free

unlimited

0602 90 91

—  bare rooted

0602 90 99

—  other than bare rooted, with root ball

0603 11 10

Cut roses of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October

free

1 000

0603 12 10

Cut carnations of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October

0603 13 10

Cut orchids of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October

0603 14 10

Cut chrysanthemums of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October

 

Cut flowers and flower buds (other than carnations, roses, orchids or chrysanthemums) of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October:

0603 19 11

—  woody

0603 19 19

—  other than woody

0603 12 30

Cut carnations of a kind suitable for bouquets or for ornamental purposes, fresh from 26 October to 30 April

free

unlimited

0603 13 30

Cut orchids of a kind suitable for bouquets or for ornamental purposes, fresh from 26 October to 30 April

0603 14 30

Cut chrysanthemums of a kind suitable for bouquets or for ornamental purposes, fresh from 26 October to 30 April

0603 19 30

Cut tulips of a kind suitable for bouquets or for ornamental purposes, fresh, from 26 October to 30 April

 

Other cut flowers and flower buds, of a kind suitable for bouquets or for ornamental purposes, fresh, from 26 October to 30 April:

free

unlimited

0603 19 31

—  woody

0603 19 39

—  other than woody

 

Tomatoes, fresh or chilled:

free

10 000

 

—  cherry tomatoes:

0702 00 10

—  from 21 October to 30 April

 

—  Peretti tomatoes (elongated):

0702 00 20

—  from 21 October to 30 April

 

—  other tomatoes, of a diameter of 80 mm or more (beef tomatoes):

0702 00 30

—  from 21 October to 30 April

 

—  other:

0702 00 90

—  from 21 October to 30 April

 

Iceberg lettuce, without outer leaf:

free

2 000

0705 11 11

—  from 1 January to the end of February

 

Witloof chicory, fresh or chilled:

free

2 000

0705 21 10

—  from 21 May to 30 September

0707 00 10

Cucumbers for salad, 21 October to 14 April

5

200

0707 00 30

Pickling cucumbers, > 6 cm but =< 12 cm in length, fresh or chilled, from 21 October to 14 April

5

100

0707 00 31

Pickling cucumbers, > 6 cm but =< 12 cm in length, fresh or chilled, from 15 April to 20 October

5

2 100

0707 00 50

Gherkins, fresh or chilled

3,5

800

 

Aubergines (eggplants), fresh or chilled:

free

1 000

0709 30 10

—  from 16 October to 31 May

0709 51 00

0709 59 00

Mushrooms, fresh or chilled, of the genus Agaricus or other, with the exception of truffles

free

unlimited

 

Sweet peppers, fresh or chilled:

2,5

unlimited

0709 60 11

—  from 1 November to 31 March

0709 60 12

Sweet peppers, fresh or chilled, 1 April to 31 October

5

1 300

 

Courgettes (including courgette flowers), fresh or chilled:

free

2 000

0709 90 50

—  from 31 October to 19 April

ex 0710 80 90

Mushrooms (uncooked or cooked by steaming or boiling in water), frozen

free

unlimited

0711 90 90

Vegetables and mixtures of vegetables, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

0

150

0712 20 00

Onions, dried, whole, cut, sliced, broken or in powder, but not further prepared

0

100

0713 10 11

Peas (Pisum sativum), dried, shelled, whole, unprocessed, for use as animal feed

Rebate of 0,9 on the duty applied

1 000

0713 10 19

Peas (Pisum sativum), dried, shelled, whole, unprocessed (excluding those for use as animal feed, for technical purposes or for brewing)

0

1 000

 

Hazelnuts or filberts (Corylus spp.), fresh or dried:

free

unlimited

0802 21 90

—  in shell, other than for use as animal feed or for oil extraction

0802 22 90

—  shelled, other than for use as animal feed or for oil extraction

0802 32 90

Nuts

free

100

ex 0802 90 90

Pine nuts, fresh or dried

free

unlimited

0805 10 00

Oranges, fresh or dried

free

unlimited

0805 20 00

Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids, fresh or dried

free

unlimited

0807 11 00

Watermelons, fresh

free

unlimited

0807 19 00

Melons, fresh, other than watermelons

free

unlimited

 

Apricots, fresh, in open packings:

free

2 100

0809 10 11

—  from 1 September to 30 June

 

in other packings:

0809 10 91

—  from 1 September to 30 June

0809 40 13

Fresh plums, in open packings, from 1 July to 30 September

0

600

0810 10 10

Strawberries, fresh, from 1 September to 14 May

free

10 000

0810 10 11

Strawberries, fresh, from 15 May to 31 August

0

200

0810 20 11

Raspberries, fresh, from 1 June to 14 September

0

250

0810 50 00

Kiwi fruit, fresh

free

unlimited

ex 0811 10 00

Strawberries, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, not put up in packings for retail sale, intended for industrial use

10

1 000

ex 0811 20 90

Raspberries, blackberries, mulberries, loganberries and black, white or red currants, gooseberries, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, not put up in packings for retail sale, intended for industrial use

10

1 200

0811 90 10

Bilberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter

0

200

0811 90 90

Edible fruit, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter (excluding strawberries, raspberries, blackberries, mulberries, loganberries and black, white or red currants, gooseberries, bilberries and tropical fruit)

0

1 000

0904 20 90

Fruits of the genus Capsicum or of the genus Pimenta, dried or crushed or ground, processed

0

150

0910 20 00

Saffron

free

unlimited

1001 90 60

Wheat and meslin (except durum wheat), for use as animal feed

Rebate of 0,6 on the duty applied

50 000

1005 90 30

Maize (corn) for use as animal feed

Rebate of 0,5 on the duty applied

13 000

 

Virgin olive oil, other than for use as animal feed:

 

 

1509 10 91

—  in glass containers holding 2 litres or less

60,60  (4)

unlimited

1509 10 99

—  in glass containers holding more than 2 litres or in other containers

86,70  (4)

unlimited

 

Olive oil and its fractions, whether or not refined, but not chemically modified, other than for use as animal feed:

 

 

1509 90 91

—  in glass containers holding 2 litres or less

60,60  (4)

unlimited

1509 90 99

—  in glass containers holding more than 2 litres or in other containers

86,70  (4)

unlimited

ex 0210 19 91

Hams, in brine, boneless, enclosed in a bladder or in an artificial gut

free

3 715

ex 0210 19 91

Piece of boneless chop, in brine and smoked

1601 00 11

1601 00 21

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products of animals of headings 0101 to 0104 , excluding wild boars

ex 0210 19 91

ex 1602 49 10

Pork neck, dried in air, seasoned or not, whole, in pieces or thinly sliced

 

Tomatoes, whole or in pieces, prepared or preserved other than by vinegar or acetic acid:

 

 

2002 10 10

—  in containers holding 5 kg or less

2,50

unlimited

2002 10 20

—  in containers holding 5 kg or less

4,50

unlimited

 

Tomatoes, prepared or preserved other than by vinegar or acetic acid, other than whole or in pieces:

free

unlimited

2002 90 10

—  in containers holding more than 5 kg

2002 90 21

Tomato pulp, puree and concentrate, in hermetically sealed containers, with a dry matter content of 25 % or more by weight, consisting of tomatoes and water and possibly salt or other seasoning, in containers holding 5 kg or less

free

unlimited

2002 90 29

Tomatoes, prepared or preserved other than by vinegar or acetic acid, other than whole or in pieces, and other than tomato pulp, puree or concentrate:

— in containers holding 5 kg or less

free

unlimited

2003 10 00

Mushrooms of the genus Agaricus, prepared or preserved other than by vinegar or acetic acid

0

1 700

 

Artichokes, prepared or preserved other than by vinegar or acetic acid, frozen, other than products of heading No 2006 :

 

 

ex 2004 90 18

—  in containers holding more than 5 kg

17,5

unlimited

ex 2004 90 49

—  in containers holding 5 kg or less

24,5

unlimited

 

Asparagus, prepared or preserved other than by vinegar or acetic acid, not frozen, other than products of heading No 2006 :

free

unlimited

2005 60 10

—  in containers holding more than 5 kg

2005 60 90

—  in containers holding 5 kg or less

 

Olives, prepared or preserved other than by vinegar or acetic acid, not frozen, other than products of heading No 2006 :

free

unlimited

2005 70 10

—  in containers holding more than 5 kg

2005 70 90

—  in containers holding 5 kg or less

 

Capers and artichokes, prepared or preserved other than by vinegar or acetic acid, not frozen, other than products of heading No 2006 :

 

 

ex 2005 99 11

—  in containers holding more than 5 kg

17,5

unlimited

ex 2005 99 41

—  in containers holding 5 kg or less

24,5

unlimited

2008 30 90

Citrus fruit, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

free

unlimited

2008 50 10

Apricot pulp, otherwise prepared or preserved, not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

10

unlimited

2008 50 90

Apricots, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

15

unlimited

2008 70 10

Peach pulp, otherwise prepared or preserved, not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

free

unlimited

2008 70 90

Peaches, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

free

unlimited

 

Juice of any other single citrus fruit other than orange, grapefruit or pomelo, unfermented, not containing added spirit:

 

 

ex 2009 39 19

—  not containing added sugar or other sweetening matter, concentrated

6

unlimited

ex 2009 39 20

—  containing added sugar or other sweetening matter, concentrated

14

unlimited

 

Dessert wines, specialities and mistelles in containers:

 

 

2204 21 50

—  holding 2 litres or less (5)

8,5

unlimited

2204 29 50

—  holding more than 2 litres (5)

8,5

unlimited

ex 2204 21 50

Port, in containers holding 2 litres or less, as described (6)

free

1 000 hl

ex 2204 21 21

Retsina (a Greek white wine) in containers holding 2 litres or less, as described (7)

free

500 hl

 

Retsina (a Greek white wine) in containers holding more than 2 litres, as described (7), of an alcoholic strength:

ex 2204 29 21

—  of more than 13 % vol.

ex 2204 29 22

—  of 13 % vol. or less

(1)   Including 480 tonnes of Parma and San Daniele ham under the terms of the exchange of letters of 25 January 1972 between the Community and Switzerland.

(2)   Including 170 tonnes of bresaola under the terms of the exchange of letters of 25 January 1972 between the Community and Switzerland.

(3)   Subject to an overall annual quota of 60 000 plants.

(4)   Including the contribution to the guarantee fund for compulsory storage.

(5)   Covers only products specified in Annex 7 to the Agreement.

(6)   Description: ‘Port’ means a quality wine produced in a specified region (Oporto in Portugal) in accordance with Regulation (EC) No 1493/1999.

(7)   Description: ‘Retsina’ means a table wine within the meaning of the Community provisions referred to in point A.2 of Annex VII to Regulation (EC) No 1493/1999.

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:



CN code

Description

Customs duty applicable

(EUR/100 kg net weight)

Annual quantity

(tonnes net weight)

0102 90 41

0102 90 49

0102 90 51

0102 90 59

0102 90 61

0102 90 69

0102 90 71

0102 90 79

Live bovine animals of a live weight exceeding 160 kg

0

4 600 head

ex 0210 20 90

Meat of bovine animals, boneless, dried

free

1 200

ex 0401 30

Cream, of a fat content, by weight, exceeding 6 %

free

2 000

0403 10

Yogurt

0402 29 11

ex 0404 90 83

Special milk, for infants, in hermetically sealed containers of a net content not exceeding 500 g, of a fat content by weight exceeding 10 % (1)

43,8

unlimited

0602

Other live plants (including their roots), cuttings and slips; mushroom spawn

free

unlimited

0603 11 00

0603 12 00

0603 13 00

0603 14 00

0603 19

Cut flowers and flower buds, of a kind suitable for bouquets or for ornamental purposes, fresh

free

unlimited

0701 10 00

Seed potatoes, fresh or chilled

free

4 000

0702 00 00

Tomatoes, fresh or chilled:

free (2)

1 000

0703 10 19

0703 90 00

Onions other than sets, leeks and other alliaceous vegetables, fresh or chilled

free

5 000

0704 10 00

0704 90

Cabbages, cauliflowers, kohlrabi, kale and other similar edible brassicas with the exception of Brussels sprouts, fresh or chilled

free

5 500

0705

Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

free

3 000

0706 10 00

Carrots and turnips, fresh or chilled

free

5 000

0706 90 10

0706 90 90

Salad beetroot, salsify, celeriac, radishes and similar edible roots, with the exception of horseradish (Cochlearia armoracia), fresh or chilled

free

3 000

0707 00 05

Cucumbers, fresh or chilled

free (2)

1 000

0708 20 00

Beans (Vigna spp., Phaseolus spp.), fresh or chilled

free

1 000

0709 30 00

Aubergines (eggplants), fresh or chilled

free

500

0709 40 00

Celery other than celeriac, fresh or chilled

free

500

0709 51 00

0709 59

Mushrooms and truffles, fresh or chilled

free

unlimited

0709 70 00

Spinach, New Zealand spinach and orache spinach (garden spinach), fresh or chilled

free

1 000

0709 90 10

Salad vegetables, other than lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

free

1 000

0709 90 20

Chard (or white beet) and cardoons

free

300

0709 90 50

Fennel, fresh or chilled

free

1 000

0709 90 70

Courgettes, fresh or chilled

free (2)

1 000

0709 90 90

Other vegetables, fresh or chilled

free

1 000

0710 80 61

0710 80 69

Mushrooms (uncooked or cooked by steaming or boiling in water), frozen

free

unlimited

0712 90

Dried vegetables, whole, cut, sliced, broken or in powder, whether or not obtained from cooked vegetables, but not further prepared, with the exception of onions, mushrooms and truffles

free

unlimited

ex 0808 10 80

Apples, other than cider apples, fresh

free (2)

3 000

0808 20

Pears and quinces, fresh

free (2)

3 000

0809 10 00

Apricots, fresh

free (2)

500

0809 20 95

Cherries, other than sour cherries (Prunus cerasus), fresh

free (2)

1 500  (2)

0809 40

Plums and sloes, fresh

free (2)

1 000

0810 10 00

Strawberries

free

200

0810 20 10

Raspberries, fresh

free

100

0810 20 90

Blackberries, mulberries and loganberries, fresh

free

100

1106 30 10

Flour, meal and powder of bananas

free

5

1106 30 90

Flour, meal and powder of other fruits of Chapter 8

free

unlimited

ex 0210 19 50

Hams, in brine, boneless, enclosed in a bladder or in an artificial gut

free

1 900

ex 0210 19 81

Piece of boneless chop smoked

ex 1601 00

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products of animals of headings 0101 to 0104 , excluding wild boars

ex 0210 19 81

ex 1602 49 19

Pork neck, dried in air, seasoned or not, whole, in pieces or thinly sliced

ex 2002 90 91

ex 2002 90 99

Powdered tomatoes, whether or not containing added sugar, other sweetening matter or starch (4)

free

unlimited

2003 90 00

Mushrooms, other of the genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid

free

unlimited

0710 10 00

Potatoes, uncooked or cooked by steaming or boiling in water, frozen

free

3 000

2004 10 10

2004 10 99

Potatoes, prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading No 2006 , with the exception of flour, meal or flakes

2005 20 80

Potatoes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 , with the exception of flour, meal or flakes and preparations that are thinly sliced, fried or baked, whether or not salted or flavoured, in airtight packings, suitable for immediate consumption

ex 2005 91 00

ex 2005 99

Powdered preparations of vegetables and mixtures of vegetables, whether or not containing added sugar, other sweetening matter or starch (4)

free

unlimited

ex 2008 30

Flaked or powdered citrus fruit, whether or not containing added sugar, other sweetening matter or starch (4)

free

unlimited

ex 2008 40

Flaked or powdered pears, whether or not containing added sugar, other sweetening matter or starch (4)

free

unlimited

ex 2008 50

Flaked or powdered apricots, whether or not containing added sugar, other sweetening matter or starch (4)

free

unlimited

2008 60

Cherries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

free

500

ex 0811 90 19

ex 0811 90 39

Cherries, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter

0811 90 80

Cherries, other than sour cherries (Prunus cerasus), uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter

ex 2008 70

Flaked or powdered peaches, whether or not containing added sugar, other sweetening matter or starch (4)

free

unlimited

ex 2008 80

Flaked or powdered strawberries, whether or not containing added sugar, other sweetening matter or starch (4)

free

unlimited

ex 2008 99

Other flaked or powdered fruits, whether or not containing added sugar, other sweetening matter or starch (4)

free

unlimited

ex 2009 19

Powdered orange juice, whether or not containing added sugar or other sweetening matter

free

unlimited

ex 2009 21 00

ex 2009 29

Powdered grapefruit juice, whether or not containing added sugar or other sweetening matter

free

unlimited

ex 2009 31

ex 2009 39

Powdered juices of any other citrus fruits, whether or not containing added sugar or other sweetening matter

free

unlimited

ex 2009 41

ex 2009 49

Powdered pineapple juice, whether or not containing added sugar or other sweetening matter

free

unlimited

ex 2009 71

ex 2009 79

Powdered apple juice, whether or not containing added sugar or other sweetening matter

free

unlimited

ex 2009 80

Powdered juice of any other single fruit or vegetable, whether or not containing added sugar or other sweetening matter

free

unlimited

(1)   For the products of this subheading, ‘special milk for infants’ means products that are free of pathogenic and toxicogenic germs and which contain less than 10 000 revivifiable aerobic bacteria and less than two coliform bacteria per gram.

(2)   Where relevant, a specific duty and not the minimum duty should apply.

(3)   Including 1 000 tonnes under the terms of the Exchange of Letters of 14 July 1986.

(4)   See Joint Declaration on the tariff classification of powdered vegetables and powdered fruit.

▼M18

ANNEX 3

1. Bilateral trade in all products falling under heading 0406 of the Harmonised System is fully liberalised as from 1 June 2007 by abolishing all the tariffs and quotas.

2. The European Union shall not apply export refunds for cheeses exported to Switzerland. Switzerland shall not apply export subsidies ( 1 ) for cheeses exported to the European Union.

3. All products falling under CN code 0406 originating in the European Union or in Switzerland and traded between those two Parties are exempted from the presentation of an import licence.

4. The European Union and Switzerland shall ensure that the benefits they grant each other are not undermined by other measures affecting imports and exports.

5. Should the development of prices and/or imports give rise to a disturbance on the market of either Party, consultations shall be held as soon as possible within the Committee set up under Article 6 of the Agreement at the request of either Party with a view to finding appropriate solutions. In this connection, the Parties hereby agree to exchange information periodically on prices and any other relevant information on the market in locally produced and imported cheeses.

▼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

— 
Council Directive 69/464/EEC of 8 December 1969 on control of potato wart disease
— 
Council Directive 74/647/EEC of 9 December 1974 on control of carnation leaf-rollers
— 
Commission Decision 91/261/EEC of 2 May 1991 recognising Australia as being free from Erwinia amylovora (Burr.) Winsl. et al.
— 
Commission Directive 92/70/EEC of 30 July 1992 laying down detailed rules for surveys to be carried out for purposes of the recognition of protected zones in the Community
— 
Commission Directive 92/90/EEC of 3 November 1992 establishing obligations to which producers and importers of plants, plant products or other objects are subject and establishing details for their registration
— 
Commission Directive 92/105/EEC of 3 December 1992 establishing a degree of standardisation for plant passports to be used for the movement of certain plants, plant products or other objects within the Community, and establishing the detailed procedures related to the issuing of such plant passports and the conditions and detailed procedures for their replacement
— 
Commission Decision 93/359/EEC of 28 May 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of wood of Thuja L., originating in the United States of America
— 
Commission Decision 93/360/EEC of 28 May 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of wood of Thuja L., originating in Canada
— 
Commission Decision 93/365/EEC of 2 June 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of heat-treated coniferous wood, originating in Canada, and establishing the details of the indicator system to be applied to the heat-treated wood
— 
Commission Decision 93/422/EEC of 22 June 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in Canada, and establishing the details of the indicator system to be applied to the kiln dried wood
— 
Commission Decision 93/423/EEC of 22 June 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in the United States of America, and establishing the details of the indicator system to be applied to the kiln dried wood
— 
Commission Directive 93/50/EEC of 24 June 1993 specifying certain plants not listed in Annex V, Part A to Council Directive 77/93/EEC, the producers of which, or the warehouses, dispatching centres in the production zones of such plants, shall be listed in an official register
— 
Commission Directive 93/51/EEC of 24 June 1993 establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and moving within such a protected zone
— 
Council Directive 93/85/EEC of 4 October 1993 on the control of potato ring rot
— 
Commission Directive 94/3/EC of 21 January 1994 establishing a procedure for the notification of interception of a consignment or a harmful organism from third countries and presenting an imminent phytosanitary danger
— 
Commission Directive 98/22/EC of 15 April 1998 laying down the minimum conditions for carrying out plant health checks in the Community, at inspection posts other than those at the place of destination, of plants, plant products or other objects coming from third countries
— 
Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.
— 
Commission Decision 98/109/EC of 2 February 1998 authorising Member States temporarily to take emergency measures against the dissemination of Thrips palmi Karny as regards Thailand
— 
Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
— 
Commission Decision 2002/757/EC of 19 September 2002 on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov.
— 
Commission Decision 2002/499/EC of 26 June 2002 authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea
— 
Commission 2002/887/EC Decision of 8 November 2002 authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in Japan
— 
Commission Decision 2004/200/EC of 27 February 2004 on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus
— 
Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks
— 
Implementing rules: when the point of entry of the plants, plant products and other objects listed in Appendix 1 coming from third countries is located in the territory of one of the Parties, but the point of destination is located in the territory of the other Party, the documentary, identity and plant health checks shall be carried out at the point of entry if there is no specific agreement between the competent authorities of the point of entry and the point of destination. Where there is a specific agreement between the competent authorities of the point of entry and the point of destination, this shall be by written agreement.
— 
Commission Directive 2004/105/EC of 15 October 2004 determining the models of official phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC
— 
Commission Decision 2004/416/EC of 29 April 2004 on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil
— 
Commission Decision 2005/51/EC of 21 January 2005 authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes
— 
Commission Decision 2005/359/EC of 29 April 2005 providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards oak (Quercus L.) logs with bark attached, originating in the United States of America
— 
Commission Decision 2006/473/EC of 5 July 2006 recognising certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to citrus)
— 
Council Directive 2006/91/EC of 7 November 2006 on control of San José scale
— 
Commission Decision 2007/365/EC of 25 May 2007 on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier)
— 
Council Directive 2007/33/EC of 11 June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC
— 
Commission Decision 2007/433/EC of 18 June 2007 on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O'Donnell
— 
Commission Directive 2008/61/EC of 17 June 2008 establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections
— 
Commission implementing Decision 2011/778/EU of 28 November 2011 authorising certain Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of seed potatoes originating in certain provinces of Canada
— 
Commission implementing Decision 2011/787/EU of 29 November 2011 authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt
— 
Commission Implementing Decision 2012/138/EU of 1 March 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster)
— 
Commission Implementing Decision 2012/219/EU of 24 April 2012 recognising Serbia as being free from Clavibacter michiganensis ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al.
— 
Commission Implementing Decision 2012/270/EU of 16 May 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)
— 
Commission Implementing Decision 2012/697/EU of 8 November 2012 as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry)
— 
Commission Implementing Decision 2012/756/EU of 5 December 2012 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto
— 
Commission Implementing Decision 2013/92/EU of 18 February 2013 on the supervision, plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities originating in China
— 
Commission Implementing Decision 2013/413/EU of 30 July 2013 authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon
— 
Commission Implementing Decision 2013/754/EU of 11 December 2013 on measures to prevent the introduction into and the spread within the Union of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), as regards South Africa
— 
Commission Implementing Decision 2013/780/EU of 18 December 2013 providing for a derogation from Article 13(1)(ii) of Council Directive 2009/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America
— 
Commission Implementing Decision 2013/782/EU of 18 December 2013 amending Decision 2002/757/EC as regards the phytosanitary certificate requirement in respect of the harmful organism Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov. for bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. originating in the United States of America
— 
Commission Recommendation 2014/63/EU of 6 February 2014 on measures to control Diabrotica virgifera virgifera Le Conte in Union areas where its presence is confirmed
— 
Commission Implementing Decision 2014/422/EU of 2 July 2014 setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa
— 
Commission Implementing Decision 2014/917/EU of 15 December 2014 setting out detailed rules for the implementation of Council Directive 2000/29/EC as regards the notification of the presence of harmful organisms and of measures taken or intended to be taken by the Member States
— 
Commission Implementing Decision 2014/924/EU of 16 December 2014 providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards wood and bark of ash (Fraxinus L.) originating in Canada and the United States of America
— 
Commission Implementing Decision (EU) 2015/179 of 4 February 2015 authorising Member States to provide for a derogation from certain provisions of Council Directive 2000/29/EC in respect of wood packaging material of conifers (Coniferales) in the form of ammunition boxes originating in the United States of America under the control of the United States Department of Defence
— 
Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)

Swiss provisions

— 
Ordinance of 27 October 2010 on plant protection (RS 916.20)
— 
Ordinance of the Federal Department of Economic Affairs of 15 April 2002 on prohibited plants (RS 916.205.1)
— 
Ordinance of the Federal Office for Agriculture of 13 March 2015 on temporary plant-health measures (RS 916.202.1)
— 
Ordinance of the Federal Office for Agriculture of 24 March 2015 prohibiting the import of certain fruits and vegetables originating in India (RS 916.207.142.3)
— 
Decision of general scope of the Federal Office for the Environment of 14 December 2012 on the application of the standard NIMP 15 to imports of goods from third countries in wood packaging (fosc.ch 130 244)
— 
Decision of general scope of 9 August 2013 on measures to prevent the introduction and spread of the genus Pomacea (Perry) (FF 2013 5917)
— 
Decision of general scope of 9 August 2013 on measures to prevent the introduction and spread of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu and Goto (FF 2013 5911)
— 
Decision of general scope of the Federal Office for Agriculture of 16 March 2015 setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction and spread of Phyllosticta citricarpa (McAlpine) Van der Aa (FF 2015 2596)
— 
Directive No 1 of the Federal Office for Agriculture of 1 January 2012 to the cantonal plant health services and organisations responsible for the monitoring and control of potato cyst nematodes (Globodera rostochiensis and Globodera pallida)
— 
Manual of the Federal Office for the Environment of 30 March 2015 on management of the pine wood nematode (Bursaphelenchus xylophilus)

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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 ).



Belgium:

Federal Public Service of Public Health

Food Chain Security and Environment

DG for Animals, Plants and Foodstuffs

Sanitary Policy regarding Animals and Plants

Division Plant Protection

Euro station II (7o floor)

Place Victor Horta 40 box 10

B-1060 BRUSSELS

Bulgaria:

NSPP National Service for Plant Protection

17, Hristo Botev, blvd., floor 5

BG — SOFIA 1040

Czech Republic:

State Phytosanitary Administration

Bubenská 1477/1

CZ — 170 00 PRAHA 7

Denmark:

Ministry of Food, Agriculture and Fisheries

The Danish Plant Directorate

Skovbrynet 20

DK — 2800 Kgs. LYNGBY

Germany:

Julius Kühn-Institut

— Institut für nationale und internationale Angelegenheiten der Pflanzengesundheit —

Messeweg 11/12

D-38104 Braunschweig

Estonia:

Plant Production Inspectorate

Teaduse 2

EE — 75501 SAKU HARJU MAAKOND

Ireland:

Department of Agriculture and Food

Maynooth Business Campus

Co Kildare

IRL

Greece:

Ministry of Agriculture

General Directorate of Plant Produce

Directorate of Plant Produce Protection

Division of Phytosanitary Control

150 Sygrou Avenue

GR — 176 71 ATHENS

Spain:

Subdirectora General de Agricultura Integrada y Sanidad Vegetal

Ministerio de Agricultura, Pesca y Alimentación

Dirección General de Agricultura

Subdirección General de Agricultura Integrada y Sanidad Vegetal

c/Alfonso XII, No 62 — 2a planta

E — 28071 MADRID

France:

Ministère de l'Agriculture et la Pêche

Sous-direction de la Protection des Végétaux

251, rue de Vaugirard

F — 75732 PARIS CEDEX 15

Italy:

Ministero delle Politiche Agricole e Forestali (MiPAF)

Servizio Fitosanitario

Via XX Settembre 20

I — 00187 ROMA

Cyprus:

Ministry of Agriculture, Natural Resources and Environment

Department of Agriculture

Loukis Akritas Ave.

CY — 1412 LEFKOSIA

Latvia:

State Plant Protection Service

Republikas laukums 2

LV — 1981 RIGA

Lithuania:

State Plant Protection Service

Kalvariju str. 62

LT — 2005 VILNIUS

Luxembourg:

Ministère de l'Agriculture

Adm. des Services Techniques de l'Agriculture

Service de la Protection des Végétaux

16, route d'Esch — BP 1904

L — 1019 LUXEMBOURG

Hungary:

Ministry of Agriculture and Rural Development

Department for Plant Protection and Soil Conservation

Kossuth tér 11

HU — 1860 BUDAPEST 55 Pf. 1

Malta:

Plant Health Department

Plant Biotechnology Center

Annibale Preca Street

MT — LIJA, LJA 1915

Netherlands:

Plantenziektenkundige Dienst

Geertjesweg 15/Postbus 9102

NL — 6700 HC WAGENINGEN

Austria:

Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft

Referat III 9 a

Stubenring 1

A — 1012 WIEN

Poland:

The State Plant Health and Seed Inspection Service

Main Inspectorate of Plant Health and Seed Inspection

42, Mlynarska Street

PL — 01-171 WARSAW

Portugal:

Direcção-Geral de Agricultura e Desenvolvimento Rural (DGADR)

Avenida Afonso Costa, 3

PT — 1949-002 LISBOA

Romania:

Phytosanitary Direction

Ministry of Agriculture, Forests and Rural Development

24th Carol I Blvd.

Sector 3

RO — BUCHAREST

Slovenia:

MAFF — Phytosanitary Administration of the Republic of Slovenia

Plant Health Division

Einspielerjeva 6

SI — 1000 LJUBLJANA

Slovakia:

Ministry of Agriculture

Department of plant commodities

Dobrovicova 12

SK — 812 66 BRATISLAVA

Finland:

Ministry of Agriculture and Forestry

Unit for Plant Production and Animal Nutrition

Department of Food and Health

Mariankatu 23

P.O. Box 30

FI — 00023 GOVERNMENT FINLAND

Sweden:

Jordbruksverket

Swedish Board of Agriculture

Plant Protection Service

S — 55182 JÖNKÖPING

United Kingdom:

Department for Environment, Food and Rural Affairs

Plant Health Division

Foss House

King's Pool

Peasholme Green

UK — YORK YO1 7PX

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

— 
Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
— 
Commission Regulation (EC) No 690/2008 of 4 July 2008 recognising protected zones exposed to particular plant health risks in the Community

Swiss provisions

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

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Appendix 5

Exchange of information

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

— 
notifications of interception of consignments and harmful organisms from third countries or from part of the territories of the Parties and presenting an imminent plant-health danger as provided for in Directive 94/3/EEC,
— 
notifications as provided for in Article 15 of Directive 77/93/EEC.

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:

(a) 

‘product’ means animal feed or any substance used therein;

(b) 

‘establishment’ means any unit which produces or manufactures a product or which holds a product at an intermediate stage prior to its entry into free circulation, including the processing and packaging stages, or which puts the product on the market;

(c) 

‘competent authority’ means the authority responsible in a Party for conducting official checks in the field of animal feed.

Article 3

Exchange of information

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

— 
details of the competent authority or authorities, their geographical jurisdiction and sphere of competence,
— 
a list of laboratories entrusted with conducting analyses for the purposes of controls,
— 
where applicable, a list of points of entry within their territory for the various types of products,
— 
their programmes of controls to ensure that products comply with their legislation on animal feed.

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:

— 
are performed regularly, where non-compliance is suspected, using means proportionate to the desired objective, and particularly in the light of the risks and of experience gained,
— 
cover all stages of production and manufacture, the intermediate stages prior to marketing, marketing, including importation, and the use of products,
— 
are conducted at the most suitable stage having regard to their purpose,
— 
are conducted generally without advance warning,
— 
also cover substances the use of which is prohibited in animal feed.

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:

— 
bring the products into compliance within a time limit to be determined, or
— 
decontaminate them where appropriate, or
— 
treat them in any other suitable manner, or
— 
use them for other purposes, or
— 
send the products back to the Party of origin after notifying the latter's competent authority, or
— 
destroy the products.

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:

— 
nature,
— 
origin,
— 
geographical destination,

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

— 
Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1)

Swiss provisions

— 
Federal Law of 29 April 1998 on agriculture as last amended on 24 March 2006 (RO 2006 3861)
— 
Ordinance of 26 May 1999 on animal nutrition as last amended on 23 November 2005 (RO 2005 5555)
— 
Ordinance of the Département Fédéral de l'Économie Publique of 10 June 1999 on the White Book on animal nutrition as last amended on 2 November 2006 (RO 2006 5213)
— 
Ordinance on Primary Production of 23 November 2005 (RO 2005 5545)
— 
Ordinance of the Département Fédéral de l'Économie Publique of 23 November 2005 on hygiene in Primary Production (RO 2005 6651)
— 
Ordinance of the Département Fédéral de l'Économie Publique of 23 November 2005 on hygiene in Milk Production (RO 2005 6667)

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Appendix 2

LIST OF LEGISLATIVE PROVISIONS REFERRED TO IN ARTICLE 9

Community Provisions

— 
Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29), as last amended by Commission Regulation (EC) No 378/2005 (OJ L 59, 5.3.2005, p. 15)
— 
Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (OJ L 213, 21.7.1982, p. 8), as last amended by Directive 2004/116/EC (OJ L 379, 24.12.2004, p. 81)

Swiss Provisions

— 
Ordinance of 26 May 1999 on animal nutrition as last amended on 23 November 2005 (RO 2005 5555)
— 
Ordinance of the Département Fédéral de l'Économie Publique of 10 June 1999 on the White Book on animal nutrition as last amended on 23 November 2005 (RO 2005 6655)

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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:

— 
within three years of the entry into force of this Annex in the case of varieties accepted in the Community or Switzerland prior to the entry into force of this Annex;
— 
within three years of receipt of the information referred to in Article 5(5), in the case of varieties accepted in the Community or Switzerland after the entry into force of this Annex.

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

— 
Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309/66), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10)
— 
Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes (OJ 125, 11.7.1966, p. 2320/66), as last amended by Commission Decision 98/111/EC (OJ L 28, 4.2.1998, p. 42)
— 
Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species (OJ L 225, 12.10.1970, p. 1), as last amended by the Act of Accession of 1994 ( 8 ).

2.   Implementing provisions (8) 

— 
Commission Directive 72/180/EEC of 14 April 1972 determining the characteristics and minimum conditions for examining agricultural varieties (OJ L 108, 8.5.1972, p. 8)
— 
Commission Directive 74/268/EEC of 2 May 1974 laying down special conditions concerning the presence of Avena fatua in fodder plant and cereal seed (OJ L 141, 24.5.1974, p. 19), as last amended by Directive 78/511/EEC (OJ L 157, 15.6.1978, p. 34)
— 
Commission Decision 80/755/EEC of 17 July 1980 authorising the indelible printing of prescribed information on packages of cereal seed (OJ L 207, 9.8.1980, p. 37), as last amended by Decision 81/109/EEC (OJ L 64, 11.3.1981, p. 13)
— 
Commission Decision 81/675/EEC of 28 July 1981 establishing that particular sealing systems are ‘non-reusable systems’ within the meaning of Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC (OJ L 246, 29.8.1981, p. 26), as last amended by Decision 86/563/EEC (OJ L 327, 22.11.1986, p. 50)
— 
Commission Decision 86/110/EEC of 27 February 1986 on the conditions under which derogations from the prohibition on the use of EEC labels for the purpose of resealing and relabelling packages of seed produced in third countries (OJ L 93, 8.4.1986, p. 23)
— 
Commission Directive 93/17/EEC of 30 March 1993 determining Community grades of basic seed potatoes, together with the conditions and designations applicable to such grades (OJ L 106, 30.4.1993, p. 7)
— 
Commission Decision 94/650/EC of 9 September 1994 on the organisation of a temporary experiment on the marketing of seed in bulk to the final consumer (OJ L 252, 28.9.1994, p. 15), as last amended by Decision 98/174/EC (OJ L 63, 4.3.1998, p. 31)
— 
Commission Decision 98/320/EC of 27 April 1998 on the organisation of a temporary experiment on seed sampling and seed testing pursuant to Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC (OJ L 140, 12.5.1998, p. 14).

B.   SWISS PROVISIONS ( 9 )

— 
Federal Law of 29 April 1998 on agriculture (RO 1998 3033)
— 
Ordinance of 7 December 1998 on the production and entry into free circulation of plant propagating material (RO 1999 420)
— 
DFE Ordinance of 7 December 1998 on seeds and seedlings of species of arable crops and fodder plants (RO 1999 781)
— 
OFAG Ordinance on the catalogue of varieties of cereals, potatoes, fodder plants and hemp (RO 1999 429) ( 10 ).

Section 2 (mutual recognition of certificates)

A.   COMMUNITY PROVISIONS

1.   Basic legislation

— 
Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (OJ 125, 11.7.1966, p. 2290/66), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10)
— 
Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298/66), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10)
— 
Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (OJ L 169, 10.7.1969, p. 3), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10).

2.   Implementing provisions ( 11 )

— 
Commission Directive 75/502/EEC of 25 July 1975 limiting the marketing of seed of smooth-stalk meadowgrass (Poa pratensis L.) to seed which has been officially certified ‘basic seed’ or ‘certified seed’ (OJ L 228, 29.8.1975, p. 26)
— 
Commission Decision 81/675/EEC of 28 July 1981 establishing that particular sealing systems are ‘non-reusable systems’ within the meaning of Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC (OJ L 246, 29.8.1981, p. 26), as last amended by Decision 86/563/EEC (OJ L 327, 22.11.1986, p. 50)
— 
Commission Directive 86/109/EEC of 27 February 1986 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (OJ L 93, 8.4.1986, p. 21), as last amended by Directive 91/376/EEC (OJ L 203, 26.7.1991, p. 108)
— 
Commission Decision 86/110/EEC of 27 February 1986 on the conditions under which derogations from the prohibition on the use of EEC labels for the purpose of resealing and relabelling packages of seed produced in third countries (OJ L 93, 8.4.1996, p. 23)
— 
Commission Decision 87/309/EEC of 2 June 1987 authorising the indelible printing of prescribed information on packages of seed of certain fodder plant species (OJ L 155, 16.6.1987, p. 26), as last amended by Decision 97/125/CE (OJ L 48, 19.2.1997, p. 35)
— 
Commission Decision 92/195/EEC of 17 March 1992 on the organisation of a temporary experiment under Council Directive 66/401/EEC on the marketing of fodder plant seed with regard to increasing the maximum weight of a lot (OJ L 88, 3.4.1992, p. 59), as last amended by Decision 96/203/EC (OJ L 65, 15.3.1996, p. 41)
— 
Commission Decision 94/650/EC of 9 September 1994 on the organisation of a temporary experiment on the marketing of seed in bulk to the final consumer (OJ L 252, 28.9.1994, p. 15), as last amended by Decision 98/174/EC (OJ L 63, 4.3.1998, p. 3)
— 
Commission Decision 95/232/EC of 27 June 1995 on the organisation of a temporary experiment under Council Directive 69/208/EEC in order to establish conditions to be satisfied by the seed of hybrids and varietal associations of swede rape and turnip rape (OJ L 154, 5.7.1995, p. 22), as last amended by Decision 98/173/EC (OJ L 63, 4.3.1998, p. 30)
— 
Commission Decision 96/202/EC of 4 March 1996 on the organisation of a temporary experiment with regard to the maximum content of inert matter in soya bean seed (OJ L 65, 15.3.1996, p. 39)
— 
Commission Decision 97/125/EC of 24 January 1997 authorising the indelible printing of prescribed information on packages of seed of oil and fibre plants and amending Decision 87/309/EEC authorising the indelible printing of prescribed information on packages of certain fodder plant species (OJ L 48, 19.2.1997, p. 35)
— 
Commission Decision 98/320/EC of 27 April 1998 on the organisation of a temporary experiment on seed sampling and seed testing pursuant to Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC (OJ L 140, 12.5.98, p. 14).

B.   SWISS PROVISIONS

— 
Federal Law of 29 April 1998 on agriculture (RO 1998 3033)
— 
Ordinance of 7 December 1998 on the production and entry into free circulation of plant propagating material (RO 1999 420)
— 
DFE Ordinance of 7 December 1998 on seeds and seedlings of species of arable crops and fodder plants (RO 1999 781)
— 
DFEP catalogue of seeds of 6 June 1974, as last amended on 7 December 1998 (RO 1999 408).

C.   CERTIFICATES REQUIRED FOR IMPORTS

(a) 

By the European Community:

documents as provided for in 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).
(b) 

By Switzerland:

official EC or OECD packaging labels issued by the bodies listed in Appendix 2 to this Annex and orange or green ISTA certificates or similar seed analysis certificates for each batch of seed.

Appendix 2

Seed inspection and certification bodies



A. European Community

Belgium

Ministère des Classes Moyennes et de l'Agriculture

Service Matériel de Reproduction

Brussels

 

Denmark

Ministeriet for Fødevarer, Landbrug og Fiskeri (Ministry of Food, Agriculture and Fisheries)

Plantedirektoratet (Danish Plant Directorate)

Lyngby

 

Germany

Senatsverwaltung für Wirtschaft und Betriebe

Referat Ernährung und Landwirtschaft

— Abteilung IV E 3 —

Berlin

B

Der Direktor der Landwirtschaftskammer Rheinland als Landesbeauftragter

Saatenanerkennungsstelle

Bonn

BN

Regierungspräsidium Freiburg

— Abt. III, Referat 34 —

Freiburg i. Br.

FR

Bayerische Landesanstalt für Bodenkultur und Pflanzenbau — Amtliche Saatenanerkennung für landwirtsch. Saatgut —

Freising

FS

Landwirtschaftskammer Hannover

Referat 32

Hannover

H

Regierungspräsidium Halle

Abteilung 5, Dezernat 51

Samenprüf- und Anerkennungsstelle

Halle

HAL

Der Senator für Frauen, Gesundheit, Jugend, Soziales und Umweltschutz

Referat 33

Bremen

HB

Wirtschaftsbehörde

Amt Wirtschaft u. Landwirtschaft

Abt. Land- und Ernährungswirtschaft

Hamburg

HH

Landesforschungsanstalt für Landwirtschaft und Fischerei Mecklenburg-Vorpommern

Landesanerkennungsstelle für Saat- und Pflanzgut

Rostock

HRO

Thüringer Landesanstalt für Landwirtschaft

Sachgebiet 270

Jena

J

Regierungspräsidium Karlsruhe

— Referat 34 —

Karlsruhe

KA

Landwirtschaftskammer Rheinland-Pfalz

— Amtliche Saatanerkennung —

Bad Kreuznach

KH

Landwirtschaftskammer Schleswig-Holstein

LUFA-ITL

Kiel

KI

Hessisches Landesamt für Regionalentwicklung und Landwirtschaft

Dez. 23

Kassel

KS

Sächsisches Landesamt für Landwirtschaft

Fachbereich 5, Sortenprüfung und Feldversuchswesen

Saatenanerkennung

Nossen

MEI

Der Direktor der Landwirtschaftskammer Westfalen-Lippe als Landesbeauftragter

Gruppe 31 Landbau

Münster

MS

Landwirtschaftskammer Weser-Ems

Institut für Pflanzenbau und Pflanzenschutz

Referet P4

Oldenburg

OL

Landesamt für Ernährung, Landwirtschaft und Flurneuordnung

Saatenanerkennungsstelle Potsdam

Potsdam

P

Regierungspräsidium Stuttgart

Referat 34 a

Stuttgart

S

Landwirtschaftskammer für das Saarland

Saarbrücken

SB

Regierungspräsidium Tübingen

Referat 34

Tübingen

Regierung von Unterfranken

— Anerkennungs- und Nachkontrollstelle für Gemüsesaatgut in Bayern —

Würzburg

Regierung von Unterfranken

Abteilung Landwirtschaft

— Sachgebiet Weinbau —

Würzburg

Greece

Ministry of Agriculture

Directorate of Inputs of Crop Production

Athens

 

Spain

Ministerio de Agricultura Pesca y Alimentación

Dirección General de Producciones y Mercados Agrícolas

Subdireccíon General de Semillas y Plantas de Vivero

Madrid

Generalidad de Cataluña

Departamento de Agricultura, Ganadería y Pesca

Barcelona

Comunidad Autónoma de País Vasco

Departamento de Industria, Agricultura y Pesca

Vitoria

Junta de Galicia

Consejería de Agricultura, Ganadería y Montes

Santiago de Compostela

Diputación Regional de Cantabria

Consejería de Ganadería, Agricultura y Pesca

Santander

Principado de Asturias

Consejería de Agricultura

Oviedo

Junta de Andalucía

Consejería de Agricultura y Pesca

Seville

Comunidad Autonoma de la Región de Murcia

Consejería de Medio Ambiente, Agricultura y Pesca

Murcia

Diputacion General de Aragón

Consejería de Agricultura y Medio Ambiente

Zaragoza

Junta de Comunidades de Castilla-La Mancha

Consejería de Agricultura y Medio Ambiente

Toledo

Generalidad Valenciana

Consejería de Agricultura y Medio Ambiente

Valencia

Comunidad Autónoma de La Rioja

Consejería de Agricultura, Ganadería y Desarrollo Rural

Logroño

Junta de Extremadura

Consejería de Agricultura y Comercio

Mérida

Comunidad Autónoma de Canarias

Consejería de Agricultura, Pesca y Alimentación

Santa Cruz de Tenerife

Junta de Castillay León

Consejería de Agricultura y Ganadería

Valladolid

Comunidad Autónoma de las Islas Baleares

Consejería de Agricultura, Comercio e Industria

Palma de Mallorca

Comunidad de Madrid

Consejería de Economía y Empleo

Madrid

Diputación Foral de Navarra

Departamento de Agricultura, Ganadería y Alimentación

Pamplona

 

France

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

Service Officiel de Contrôle et de Certification (SOC)

Paris

 

Ireland

The Department of Agriculture, Food and Forestry

Agriculture House

Dublin

 

Italy

Ente Nazionale Sementi Elette (ENSE)

Milan

 

Luxembourg

L'Administration des Services Techniques de l'Agriculture (ASTA)

Service de la Production Végétale

Luxembourg

 

Austria

Bundesamt und Forschungszentrum für Landwirtschaft

Vienna

Bundesamt für Agrarbiologie

Linz

 

Netherlands

Nederlandse Algemene Keuringsdienst voor zaaizaad en pootgoed van landbouwgewassen (NAK)

Ede

 

Portugal

Ministério da Agricultura, do Desenvolvimento Rural e das Pescas

Direcção Geral de Protecção das Cultura

Lisbon

 

Finland

Kasvintuotannon tarkastuskeskus (KTTK)

/

Kontroll-centralen för växtproduktion

Siementarkastusosasto

/

Frökontrollavdelingen

Loimaa

 

Sweden

(a)  Seeds other than seed potatoes:

— 

Statens utsädeskontroll (SUK)

(Swedish Seed Testing and Certification Institute)

Svalöv

— 

Frökontrollen Mellansverige AB

Linköping

— 

Frökontrollen Mellansverige AB

Örebro

(b)  Seed potatoes:

Statens utsädeskontroll (SUK)

(Swedish Seed Testing and Certification Institute)

Svalöv

 

United Kingdom

England and Wales:

(a)  Seeds other than seed potatoes:

Ministry of Agriculture, Fisheries and Food

Seeds Branch

Cambridge

(b)  Seed potatoes:

Ministry of Agriculture, Fisheries and Food

Plant Health Division

York

Scotland:

Scottish Office

Agriculture Fisheries and Environment Department

Edinburgh

Northern Ireland:

Department of Agriculture for Northern Ireland

Seeds Branch

Belfast

 

B. Switzerland

Service des Semences et Plants

RAC Changins

Nyon

Dienst für Saat- unf Pflanzgut

FAL Reckenholz

Zürich

 

Appendix 3

Community derogations allowed by Switzerland ( 12 )

(a) 

Dispensing certain Member States from the obligation to apply Council Directive 66/402/EEC on the marketing of cereal seed to certain species:

— 
Commission Decision 69/270/EEC (OJ L 220, 1.9.1969, p. 8)
— 
Commission Decision 69/271/EEC (OJ L 220, 1.9.1969, p. 9)
— 
Commission Decision 69/272/EEC (OJ L 220, 1.9.1969, p. 10)
— 
Commission Decision 70/47/EEC (OJ L 13, 19.1.1970, p. 26), as last amended by Decision 80/301/EEC (OJ L 68, 14.3.1980, p. 30)
— 
Commission Decision 74/5/EEC (OJ L 12, 15.1.1974, p. 13)
— 
Commission Decision 74/361/EEC (OJ L 196, 19.7.1974, p. 19)
— 
Commission Decision 74/532/EEC (OJ L 299, 7.11.1974, p. 14)
— 
Commission Decision 80/301/EEC (OJ L 68, 14.3.1980, p. 30)
— 
Commission Decision 86/153/EEC (OJ L 115, 3.5.1986, p. 26)
— 
Commission Decision 89/101/EEC (OJ L 38, 10.2.1989, p. 37).
(b) 

Authorising certain Member States to restrict the marketing of seed of certain varieties of cereals and of seed potatoes of certain varieties (see Common Catalogue of Varieties of Agricultural Plant Species, 20th complete edition, column 4 (OJ C 264 A, 30.8.1997, p. 1).

(c) 

Authorising certain Member States to adopt more stringent provisions concerning the presence of Avena fatua in cereal seed:

— 
Commission Decision 74/269/EEC (OJ L 141, 24.5.1974, p. 20), as amended by Decision 78/512/EEC (OJ L 157, 15.6.1978, p. 35) ( 13 )
— 
Commission Decision 74/531/EEC (OJ L 299, 7.11.1974, p. 13)
— 
Commission Decision 95/75/EC (OJ L 60, 18.3.1995, p. 30)
— 
Commission Decision 96/334/EC (OJ 127, 25.5.1996, p. 39).
(d) 

Authorising, in respect of the marketing of seed potatoes in all or part of the territory of certain Member States, more stringent measures against certain diseases than are provided for in Annexes I and II to Council Directive 66/403/EEC:

— 
Commission Decision 93/231/EEC (OJ L 106, 30.4.1993, p. 11), as amended by Decisions:
— 
95/21/EC (OJ L 28, 7.2.1995, p. 13)
— 
95/76/EC (OJ L 60, 18.3.1995, p. 31)
— 
96/332/EC (OJ L 127, 25.5.1996, p. 31).

Appendix 4

List of third countries ( 14 )

Argentina
Australia
Bulgaria
Canada
Chile
Croatia
Czech republic
Hungary
Israel
Morocco
New Zealand
Norway
Poland
Romania
Slovakia
Slovenia
South Africa
Turkey
United States of America
Uruguay

▼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:

(a) 

‘wine-sector product originating in’, followed by the name of one of the Parties means a product within the meaning of Article 2, produced in the territory of the said Party from grapes entirely harvested in its territory or in a territory stipulated in Appendix 2, in accordance with this Annex;

(b) 

‘geographical indication’: means any indication, including designations of origin, within the meaning of Article 22 of the Agreement on Trade Related Aspects of Intellectual Property Rights, annexed to the Agreement establishing the World Trade Organisation (hereinafter referred to as ‘the TRIPs agreement’), that is recognised by the laws or regulations of one Party for purposes of describing and presenting a wine-sector product within the meaning of Article 2 and originating in its territory or in a territory stipulated in Appendix 2;

(c) 

‘traditional term’ means a traditionally used name, referring in particular to a method of production or to the quality, colour or type of a wine-sector product within the meaning of Article 2, and which is recognised by the laws and regulations of a Party for the purpose of describing and presenting that product originating in the territory of that Party;

(d) 

‘protected name’ means a geographical indication or a traditional term as defined in paragraphs (b) and (c) respectively that is protected under this Annex;

(e) 

‘description’ means the terms used on the labelling, on the documents accompanying the transport of a wine-sector product within the meaning of Article 2, on the commercial documents, particularly the invoices and delivery notes, and in advertising;

(f) 

‘labelling’ means all descriptions and other references, signs, designs, or trade marks which distinguish a wine-sector product within the meaning of Article 2 and which appear on the same container, including its sealing device, the tag attached to the container or the sheathing covering the neck of bottles;

(g) 

‘presentation’ means the descriptions used on the containers and their sealing devices, on the labelling and on the packaging;

(h) 

‘packaging’ means the protective wrappings such as paper, straw wrapping of all kinds, cartons and cases, used in the transport of one or more containers and/or in their presentation for sale to the final consumer;

(i) 

‘rules concerning trade in wine-sector products’ means any provisions covered by this Annex;

(j) 

‘competent authority’ means each of the authorities or each of the departments designated by a Party to ensure compliance with the rules concerning trade in wine-sector products;

(k) 

‘contact authority’ means the competent authority or body designated by a Party to ensure appropriate contact with the contact authority of the other Party;

(l) 

‘applicant authority’ means a competent authority which has been designated by a Party for this purpose and which makes a request for assistance in areas covered by this Annex;

(m) 

‘requested authority’ means a competent body or authority which has been designated by a Party for this purpose and which receives a request for assistance in areas covered by this Annex;

(n) 

‘contravention’ means any violation of the rules concerning the production of and trade in wine-sector products, as well as any attempted violation of such rules.



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:

(a) 

the name and references to the Member State of the European Union or to Switzerland from where the wine originates;

(b) 

the specific terms;

(c) 

the designations of origin and geographical indications;

(d) 

the traditional terms.

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:

(a) 

shall be reserved for wines originating in the Member State concerned;

(b) 

may be used only for wine-sector products originating in the European Union and subject to the conditions laid down by European Union laws and regulations.

(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:

(a) 

shall be reserved for wines originating in Switzerland;

(b) 

may be used only for wine-sector products originating in Switzerland and subject to the conditions provided by Swiss laws and regulations.

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:

I. 

shall be protected and reserved for wines originating in the European Union;

II. 

may be used only for wine-sector products from the European Union and subject to the conditions laid down by European Union laws and regulations.

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

I. 

shall be protected for wines originating in Switzerland;

II. 

may be used only for wine-sector products from Switzerland and subject to the conditions provided by Swiss laws and regulations.

(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:

(a) 

the true origin of the wine is indicated;

(b) 

the designation of origin or geographical indication is translated or transcribed or has been transliterated; or

(c) 

the indications used are accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or other analogous expressions.

(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:

(a) 

shall not be used for the description or presentation of wine originating in Switzerland; and

(b) 

may not be used for the description or presentation of wine originating in the European Union other than in relation to the wines of the origin and the category and in the language as listed in the Appendix and subject to the conditions laid down by the laws and regulations of the European Union.

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

(a) 

shall not be used for the description or presentation of wine originating in the European Union; and

(b) 

may not be used for the description or presentation of wine originating in Switzerland other than in relation to the wines of the origin and the category and in the language as listed in the Appendix and subject to the conditions laid down by the laws and regulations of Switzerland.

(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:

(a) 

to the language or languages in which it appears in Appendix 4; and

(b) 

to the category of wine for which it is protected for the European Union or to the class of wine for which it is protected for Switzerland, as indicated in Appendix 4.

(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:

(a) 

where the translation of descriptions provided for under European Union or Swiss legislation into one of the languages of the other Party gives rise to a word which is liable to be misleading as to the origin of the wine-sector product thus described or presented;

(b) 

where indications, trademarks, names, references or illustrations which directly or indirectly give false or misleading information as to the provenance, origin, type or material characteristics of the product appear on containers or packaging, in advertising or in official or commercial documents relating to a product whose name is protected under this Annex;

(c) 

where the containers or packaging used are misleading as to the origin of the product.

(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:

— 
shall forward requests for collaboration, for the purpose of applying this title, to the contact authority of the other Party,
— 
shall receive requests of this kind from the said authority and shall forward them to the competent authority or authorities of the Party to which it belongs,
— 
shall represent that Party vis-à-vis the other within the framework of the collaboration referred to in this title,
— 
shall notify the other Party of the steps taken under Article 11.

Article 14

Authorities and laboratories

The Parties shall:

(a) 

send each other their regularly updated lists, namely:

— 
the list of competent authorities for creating documents VI 1 and the other documents accompanying the transport of wine-sector products in application of Article 4(1) of this Annex and the relevant provisions of the European Union from Appendix 3(A),
— 
the list of competent authorities and contact authorities referred to in Article 3(j) and (k),
— 
the lists of laboratories authorised to perform analyses in accordance with Article 17(2),
— 
the list of Swiss competent authorities referred to in field 4 of the accompanying document for the transport of wine-sector products originating in Switzerland, in accordance with Appendix 3(B);
(b) 

consult and inform each other of the steps taken by each with regard to the application of this Annex. In particular, they shall send each other their applicable provisions and summaries of the administrative and judicial decisions that are particularly important for the purposes of its proper application.

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:

— 
have access to the vineyards and to production, preparation, storage and processing facilities for wine-sector products, and to the means of transport of such products,
— 
have access to the sales and storage premises and to the means of transport of any person who holds for sale, sells or transports wine-sector products or products that may be used in preparing them,
— 
may undertake an inventory of wine-sector products and substances or products which may be used for the preparation of such products,
— 
have the possibility of taking samples of wine-sector products held with a view to their being sold, marketed or transported,
— 
can study accounting data and other documents used in control procedures, and make copies or extracts thereof,
— 
can take suitable interim protective measures concerning the production, preparation, storage, transport, description, presentation and export to the other Party and marketing of wine-sector products or of products that may be used in their preparation where there is a well-founded suspicion of a grave breach of this Annex, and especially in the event of fraudulent tampering with the product or risk to public health.

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:

— 
a wine-sector product does not comply with the rules concerning trade in wine-sector products or is involved in fraudulent action to produce or market such a product, and
— 
that such failure to comply with the rules is of specific interest to one Party and is liable to result in administrative measures or legal proceedings, it shall immediately inform the contact authority of the Party in question, through the contact authority to which it belongs.

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:

— 
the name of the requesting authority,
— 
the measure requested,
— 
the purpose or reason for the application,
— 
the legislation, rules or other legal instruments concerned,
— 
information as accurate and as full as possible concerning the natural or legal persons under investigation,
— 
a summary of the relevant facts.

(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:

— 
collect, at the premises of the competent authorities of the Party where the requested authority is established, information relating to the proper application of the rules concerning trade in wine-sector products or to control procedures, and to make copies of the transport and other documents and of entries in registers, or to
— 
take part in the measures requested under paragraph 2.

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:

— 
produce a written mandate setting out their identity and official position,
— 
enjoy, subject to the restrictions which the legislation applicable to the requested authority imposes on its own officials in exercising the control procedures in question:
— 
rights of access as provided for in Article 16(3),
— 
right to information concerning the results of the checks conducted by the officials of the requested authority under Article 16(3),
— 
in the course of the checks, demonstrate an attitude in line with the rules and behaviour incumbent on the officials of the Party on whose territory the control procedure is being performed.

(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:

— 
replies to such applications,
— 
communications relating to the application of paragraphs 2, 4 and 5.

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:

— 
address reasoned requests and communications directly to competent authorities of the other Party,
— 
reply directly to reasoned requests and communications from competent authorities of the other Party.

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:

— 
the composition and organoleptic characteristics of the wine-sector product in question,
— 
its description and presentation,
— 
compliance with the rules covering production, preparation and marketing.

(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:

— 
the course of the investigations, in particular through reports and other documents or sources of information,
— 
any administrative or legal action taken subsequent to the operations concerned.

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:

(a) 

pass in transit through the territory of one of the Parties; or

(b) 

originate in the territory of one of the Parties and are traded between them in small quantities, subject to the conditions and subject to the arrangements laid down in Appendix 5 to this Annex.

(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:

— 
all the territory of the Canton of Geneva,
— 
all the French municipalities of:
— 
Challex,
— 
Ferney-Voltaire,
— 
parts of the French municipalities of:
— 
Ornex,
— 
Chens-sur-Léman,
— 
Veigy-Foncenex,
— 
Saint-Julien-en-Genevois,
— 
Viry,

enumerated in the specifications for AOC Genève.

2.   Production area of the grapes

The production area of the grapes includes:

(a) 

on the Geneva territory: the areas included in the vineyard register within the meaning of Article 61 of the federal law on agriculture (RS 910.1) and whose grapes are used to produce wine;

(b) 

on French territory: areas of the municipalities or parts of municipalities enumerated in point 1, planted with vines or subject to replanting rights constituting a maximum of 140 hectares.

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:

1. 

Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for pre-packed products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC (OJ L 247, 21.9.2007, p. 17).

2. 

Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (codified version) (OJ L 299, 8.11.2008, p. 25).

3. 

Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs (OJ L 186, 30.6.1989, p. 21), as last amended by Directive 92/11/EEC of 11 March 1992 (OJ L 65, 11.3.1992, p. 32).

4. 

European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs (OJ L 237, 10.9.1994, p. 13), as corrected in OJ L 259, 7.10.1994, p. 33, OJ L 252, 4.10.1996, p. 23 and OJ L 124, 25.5.2000, p. 66.

5. 

European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners (OJ L 61, 18.3.1995, p. 1), as corrected in OJ L 248, 14.10.1995, p. 60, as last amended by Commission Directive 2010/69/EU of 22 October 2010 (OJ L 279, 23.10.2010, p. 22).

6. 

Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ L 109, 6.5.2000, p. 29), as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part Four (OJ L 188, 18.7.2009, p. 14).

7. 

Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC (OJ L 187, 16.7.2002, p. 30).

8. 

Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4), as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part Four (OJ L 188, 18.7.2009, p. 14).

9. 

Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1), as last amended by Commission Regulation (EU) No 813/2011 of 11 August 2011 (OJ L 208, 13.8.2011, p. 23).

10. 

Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (OJ L 37, 13.2.1993, p. 1), as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part Four (OJ L 188, 18.7.2009, p. 14).

11. 

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).

12. 

Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p. 1), as last amended by Commission Regulation (EU) No 772/2010 of 1 September 2010 (OJ L 232, 2.9.2010, p. 1).

13. 

Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ L 128, 27.5.2009, p. 15), as last amended by Commission Regulation (EU) No 173/2011 of 23 February 2011 (OJ L 49, 24.2.2011, p. 16).

Without prejudice to the provisions of Article 24(1)(b) of Regulation (EC) No 436/2009, all imports of wine-sector products originating in the European Union into Switzerland are subject to the presentation of the accompanying document referred to in Article 24(1)(a) of that Regulation.

14. 

Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1), as last amended by Commission Regulation (EU) No 53/2011 of 21 January 2011 (OJ L 19, 22.1.2011, p. 1).

15. 

Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60), as last amended by Commission Regulation (EU) No 670/2011 of 12 July 2011 (OJ L 183, 13.7.2011, p. 6).

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

Instruments referred to:

1. 

Federal Act on agriculture of 29 April 1998, as last amended on 18 June 2010 (OC (Official Compilation) (OC 2010 5851).

2. 

Ordinance of 14 November 2007 on wine-growing and the importation of wine (the wine ordinance), last amended on 4 November 2009 (OC 2010 733).

3. 

Ordinance of the Federal Office for Agriculture of 17 January 2007 on the list of vine varieties accepted for certification and the production of standard material and the assortment of vine varieties, last amended on 6 May 2011 (OC 2011 2169).

4. 

Federal Act of 9 October 1992 on foodstuffs and objects in everyday use (Act on foodstuffs, LDAl), as last amended on 5 October 2008 (OC 2008 785).

5. 

Ordinance of 23 November 2005 on foodstuffs and objects in everyday use (ODAlOUs), as last amended on 13 October 2010 (OC 2010 4611).

6. 

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).

By way of derogation from Article 10 of the Ordinance, the rules governing description and presentation shall be those applicable to products imported from third countries, as referred to in the following Regulations:

(1) 

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).

For the purposes of this Annex, the Regulation shall be read with the following adaptations:

(a) 

notwithstanding Article 118y(1)(a), the category names shall be replaced by the specific names as provided in Article 9 of the Ordinance of the Federal Department of Home Affairs on alcoholic beverages;

(b) 

notwithstanding Article 118y(1)(b) indent (i), the terms ‘appellation d’origine protégée’ (protected designation of origin) and ‘indication géographique protégée’ (protected geographical indication) are replaced by ‘appellation d’origine contrôlée’ (registered designation of origin) and ‘vin de pays’ (local wine), respectively;

(c) 

notwithstanding Article 118y(1)(f), the name of the importer may be replaced by that of the Swiss producer, cellarman, merchant or bottler.

(2) 

Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60), as last amended by Commission Regulation (EU) No 670/2011 of 12 July 2011 (OJ L 183, 13.7.2011, p. 6).

For the purposes of this Annex, the Regulation shall be read with the following adaptations:

(a) 

by way of derogation from Article 54(1) of the Regulation, the alcoholic strength may be given in tenths of percentage unit by volume;

(b) 

by way of derogation from Article 64(1) and Annex XIV, part B, the terms ‘demi-sec’ (medium dry) and ‘moelleux’ (medium) may be replaced by ‘légèrement doux’ (slightly sweet) and ‘demi-doux’ (semi-sweet) respectively;

(c) 

by way of derogation from Article 62 of the Regulation, the name of one or more vine varieties may be used if the variety or varieties mentioned account for at least 85 % of the grapes used to make the Swiss wine.

7. 

Ordinance of the Department of Home Affairs (DFI) of 23 November 2005 on the labelling and advertising of foodstuffs (OEDAl), as last amended on 13 October 2010 (OC 2010 4649).

8. 

Ordinance of the Department of Home Affairs (DFI) of 22 June 2007 on additives permitted in foodstuffs (Ordinance on additives, Oadd (OC 2009 2047), last amended on 11 May 2009 (OC 2009 2047).

9. 

Ordinance of 26 June 1995 on foreign substances and components of foodstuffs (Ordinance on foreign substances and components, OSEC), as last amended on 16 May 2011 (OC 2011 1985).

10. 

Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC (OJ L 247, 21.9.2007, p. 17).

11. 

Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p. 1), as last amended by Regulation (EU) No 772/2010 of 1 September 2010 (OJ L 232, 2.9.2010, p. 1).

For the purposes of this Annex, the Regulation shall be read with the following adaptations:

(a) 

All imports into the European Union of wine-sector products originating in Switzerland shall be subject to presentation of an accompanying document drawn up in accordance with the Commission Decision 2005/9/EC of 29 December 2004 (OJ L 4, 6.1.2005, p. 12).

(b) 

This accompanying document replaces the Document VI 1 referred to in Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine, as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p. 1), as last amended by Regulation (EU) No 772/2010 of 1 September 2010 (OJ L 232, 2.9.2010, p. 1).

(c) 

References in the Regulation to ‘Member State(s)’ or ‘national or Community provisions’ (or ‘national or Community rules’) shall be deemed to extend to Switzerland or Swiss legislation.

(d) 

Wines originating in Switzerland that are comparable to wines with geographical indications, have a total acidity expressed as tartaric acid of less than 3,5 grams but not less than 3 grams per litre may be imported, provided that they are designated by a geographical indication and are at least 85 % derived from grapes of one or more of the following vine varieties: Chasselas, Mueller-Thurgau, Sylvaner, Pinot noir or Merlot.

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