32004D0278

Commission Decision

of 10 February 2004

on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

(2004/278/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision 2002/309/EC, Euratom of the Council and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven agreements with the Swiss Confederation(1), and in particular the second subparagraph of Article 5(2) thereof,

Whereas:

(1) The Agreement between the European Community and the Swiss Confederation on trade in agricultural products, hereinafter, "the Agriculture Agreement", entered into force on 1 June 2002.

(2) Article 6 of the Agriculture Agreement sets up a Joint Committee for Agriculture responsible for administering the Agriculture Agreement and ensuring that it operates smoothly.

(3) Article 11 of the Agriculture Agreement provides that the Joint Committee for Agriculture may decide to amend Annexes 1 and 2 and the Appendices to the other Annexes to the Agreement.

(4) The Community position to be taken by the Commission in the Joint Committee for Agriculture regarding the amendments to the Appendices must be defined.

(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS DECIDED AS FOLLOWS:

Article 1

The Community position to be adopted by the Commission in the Joint Committee for Agriculture set up by Article 6 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products shall be based on the draft Decision of the Joint Committee for Agriculture annexed to this Decision.

Article 2

The decision of the Joint Committee for Agriculture shall be published in the Official Journal of the European Union after adoption.

Done at Brussels, 10 February 2004.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 114, 30.4.2002, p. 1.

ANNEX

DECISION No 1/2004 OF THE JOINT COMMITTEE FOR AGRICULTURE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS

of 17 February 2004

concerning the amendments to the Appendices to Annex 4

(2004/.../EC)

THE JOINT COMMITTEE FOR AGRICULTURE,

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

Whereas:

(1) The Agreement entered into force on 1 June 2002.

(2) The purpose of Annex 4 is to facilitate trade between the Parties in plants, plant products and other objects subject to plant health measures. The said Annex 4 is to be supplemented by a number of Appendices as described in the Joint Declaration on the implementation of Annex 4 annexed to the Agreement (with the exception of Appendix 5, which was adopted at the time the Agreement was concluded).

(3) The text annexed to this Decision divides up the subjects covered by the Appendices as follows.

(4) Appendix 1.A to this Decision defines the plants, plant products and other objects, originating in either Party, for which both Parties have similar legislation leading to equivalent results and which may be traded between them with a plant passport.

(5) Appendix 1.B to this Decision defines the 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 Appendix 1.A or freely if not listed therein.

(6) Appendix 1.C to this Decision defines the plants, plant products and other objects, originating in either Party, for which the Parties do not have similar legislation and do not recognise the plant passport.

(7) Plants, plant products and other objects not explicitly listed in Appendix 1 and not subject to plant health measures in either Parties may be traded between the Parties without documentary, identity or plant health checks in connection with plant health measures.

(8) Appendix 2 defines the legislation of both Parties having similar results.

(9) Appendix 3 lists the authorities responsible for issuing plant passports.

(10) Appendix 4 defines the zones referred to in Article 4 of Annex 4 and the specific requirements relating thereto which must be complied with by both Parties.

(11) The references to the legislation in Appendix 5 should be amended to take account of changes in the legislation since the end of negotiations,

HAS DECIDED AS FOLLOWS:

Article 1

The Appendices to Annex 4 to the Agreement are hereby replaced by the text annexed to this Decision.

Article 2

This Decision shall enter into force on 1 April 2004.

Signed at Brussels, 17 February 2004.

For the Joint Committee on Agriculture

The Heads of Delegations

For the European Community

Michael Scannell

For the Swiss Confederation

Christian Häberli

For the Secretariat of the Joint Committee on Agriculture

Hans-Christian Beaumond

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 recognise the plant passport

1. Plants and plant products

1.1. Plants intended for planting, not including seeds

Beta vulgaris L.

Humulus lupulus L.

Prunus L., not including Prunus laurocerasus L. and Prunus lusitanica L.

1.2. Plants not including fruit or seeds, but including live pollen for pollination

Chaenomeles Lindl.

Crataegus L.

Cydonia Mill.

Eriobotrya Lindl.

Malus Mill.

Mespilus L.

Pyracantha Roem.

Pyrus L.

Sorbus L., not including Sorbus intermedia (Ehrh.) Pers.

1.3. Plants of stoloniferous and tuberous species intended for planting

Solanum L. and hybrids thereof

1.4. Plants, not including fruit

Vitis L.

1.5. Plants, not including fruit or seeds

Rhododendron spp., not including Rhododendron simsii Planch.

Viburnum spp.

1.6. 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) where it has been obtained in whole or in part from the plants as described hereafter:

Castanea Mill., excluding wood which has been stripped of bark,

Platanus L., including wood which has not kept its natural round surface,

and

(b) where it meets one of the following descriptions:

>TABLE>

1.7. Isolated bark

Castanea Mill.

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

2.1. Plants intended for planting, not including seeds

Abies Mill.

Apium graveolens L.

Argyranthemum spp.

Aster spp.

Brassica spp.

Castanea Mill.

Cucumis spp.

Dendranthema (DC) Des Moul.

Dianthus L. and hybrids thereof

Exacum spp.

Fragaria L.

Gerbera Cass.

Gypsophila L.

Impatiens L.: all varieties of hybrids from New Guinea

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. and 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, bulbs, corms, rhizomes and tubers.

2.2. Plants intended for planting, not including seeds

Solanaceae, other than those referred to in item 1.3.

2.3. Rooted plants or plants with an attached or associated cultivation medium

Araceae

Marantaceae

Musaceae

Persea spp.

Strelitziaceae

2.4. Seeds and bulbs intended for planting

Allium ascalonicum L.

Allium cepa L.

Allium schoenoprasum L.

2.5. Plants intended for planting

Allium porrum L.

2.6. Bulbs and bulbous rhizomes intended for planting

Camassia Lindl.

Chionodoxa Boiss.

Crocus flavus Weston cv. Golden Yellow

Galanthus L.

Galtonia candicans (Baker) Decne

Gladiolus Tourn. ex L.: miniaturised varieties and hybrids thereof, such as G. callianthus Marais, G. colvillei Sweet, G. nanus hort., G. ramosus hort. and G. tubergenii hort.

Hyacinthus L.

Iris L.

Ismene Herbert (= Hymenocallis Salisb.)

Muscari Mill.

Narcissus L.

Ornithogalum L.

Puschkinia Adams

Scilla L.

Tigridia Juss.

Tulipa L.

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, not including seeds

2. Seeds

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

Cruciferae

Gramineae not including Oryza spp.

Trifolium spp.

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

Allium ascalonicum L.

Allium cepa L.

Allium porrum L.

Allium schoenoprasum L.

Capsicum spp.

Helianthus annuus L.

Lycopersicon lycopersicum (L.) Karst. ex Farw.

Medicago sativa L.

Phaseolus L.

Prunus L.

Rubus L.

Zea mays L.

2.3. Seeds originating in Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa or the United States

Triticum

Secale

X Triticosecale

3. Parts of plants, not including fruit or seeds

Acer saccharum Marsh., originating in North American countries

Apium graveolens L. (leafy vegetables)

Aster spp. originating in non-European countries (cut flowers)

Castanea Mill.

Conifers (Coniferales)

Dendranthema (DC) Des Moul.

Dianthus L.

Eryngium L., originating in non-European countries (cut flowers)

Gypsophila L.

Hypericum L., originating in non-European countries (cut flowers)

Lisianthus L., originating in non-European countries (cut flowers)

Ocimum L. (leafy vegetables)

Orchidaceae (cut flowers)

Pelargonium L'Hérit. ex Ait.

Populus L.

Prunus L., originating in non-European countries

Rhododendron spp., not including Rhododendron simsii Planch.

Rosa L., originating in non-European countries (cut flowers)

Quercus L.

Solidago L.

Trachelium L., originating in non-European countries (cut flowers)

Viburnum spp.

4. Fruit

Annona L., originating in non-European countries

Cydonia L., originating in non-European countries

Diospyros L., originating in non-European countries

Malus Mill., originating in non-European countries

Mangifera L., originating in non-European countries

Momordica L.

Passiflora L., originating in non-European countries

Prunus L., originating in non-European countries

Psidium L., originating in non-European countries

Pyrus L., originating in non-European countries

Ribes L., originating in non-European countries

Solanum melongena L.

Syzygium Gaertn., originating in non-European countries

Vaccinium L., originating in non-European countries

5. Tubers other than for planting

Solanum tuberosum L.

6. 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) where it has been obtained in whole or in part from the plants as described hereafter:

- Castanea Mill.

- Castanea Mill., Quercus L., including wood which has not retained its natural round surface, originating in countries in North America

- Conifers (Coniferales) other than Pinus L., including wood which has not retained its natural round surface, originating in non-European countries

- Platanus L., Pinus L., including wood which has not kept its natural round surface

- Populus L., originating in countries of the American continent

- Acer saccharum Marsh., including wood which has not kept its natural surface, originating in North American countries

and

(b) where it meets one of the following descriptions:

>TABLE>

Pallets and box pallets (CN code ex 4415 20 ) are also exempted where they satisfy the standards applicable to "UIC" pallets and bear a mark attesting to such compliance.

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, Estonia, Georgia, Latvia, Lithuania, Moldova, Russia or the Ukraine,

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

8. Isolated bark of

- conifers (coniferales)

9. Cereals of the following species originating in Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa or the United States

Triticum

Secale

X Triticosecale

C. Plants, plant products and other objects, originating in 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 Community

1.1. Plants intended for planting, not including seeds

Clausena Burm. f.

Murraya Koenig ex L.

Palmae, not including Phoenix spp. originating in Algeria or Morocco

1.2. Parts of plants, not including fruit or seeds

Phoenix spp.

1.3. Seeds

Oryza spp.

1.4. Fruit

Citrus L. and hybrids thereof

Fortunella Swingle and hybrids thereof

Poncirus Raf. and hybrids thereof

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

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

3.1. Plants, not including fruit or seeds

Citrus L. and hybrids thereof

Fortunella Swingle and hybrids thereof

Phoenix spp. originating in Algeria or Morocco

Poncirus Raf. and hybrids thereof

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

4.1. Plants

Cotoneaster Ehrh.

Stranvaesia Lindl.

APPENDIX 2

LEGISLATION

European Community provisions

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

- Council Directive 69/465/EEC of 8 December 1969 on control of potato cyst eelworm

- Council Directive 69/466/EEC of 8 December 1969 on control of San José scale

- 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 and 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 95/44/EC of 26 July 1995 establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC 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, as last amended by Commission Directive 97/46/EC

- Commission Decision 97/5/EC of 12 December 1996 recognising Hungary as being free from Clavibacter michiganensis (Smith) Davis et al. spp. sepedonicus (Spieckerman et Kotthoff) Davis et al.

- 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 98/83/EC of 8 January 1998 recognising certain third countries and certain areas of third countries as being free of Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus), as last amended by Decision 2003/129/EC

- 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

- Commission Decision 1999/355/EC of 26 May 1999 on emergency measures against the dissemination of Anoplophora glabripennis (Motschulsky) as regards China (except Hong Kong), as amended by Decision 1999/516/EC of 28 July 1999

- 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, as last amended by Regulation (EC) No 806/2003

- Commission Decision 2001/218/EC of 12 March 2001 requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode) as regards areas in Portugal, other than those in which it is known not to occur, as last amended by Decision 2003/127/EC

- Commission Decision 2001/219/EC of 12 March 2001 on temporary emergency measures in respect of wood packing comprised in whole or in part of non-manufactured coniferous wood originating in Canada, China, Japan and the United States of America

- Commission Decision 2001/575/EC of 13 July 2001 recognising Slovakia and Slovenia as being free from Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckerman et Kotthoff) Davis et al.

- 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 2002/360/EC of 13 May 2002 establishing the amendments to be made to the measures taken by Austria to protect itself against the introduction of Anoplophora glabripennis (Motschulsky)

- Commission Decision 2002/674/EC of 22 August 2002 recognising Slovakia as being free from Erwinia amylovora (Burr.) Winsl. et al.

- Commission Decision 2003/64/EC of 28 January 2003 on provisional measures to prevent the introduction into and the spread within the Community of pepino mosaic virus as regards tomato plants, intended for planting

- Commission Decision 2003/450/EC of 18 June 2003 recognising the provisions in the Czech Republic on combating Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al. as equivalent to the Community provisions

Swiss provisions

- Ordinance of 28 February 2001 on plant protection (RO 2001 1191), as last amended on 26 November 2003 (RO 2003 4925)

- Ordinance of the DFE of 15 April 2002 on prohibited plants (RO 2002 1098)

- OFAG ordinance of... 2003 on temporary plant health measures (RO 2003...)

APPENDIX 3

AUTHORITIES RESPONSIBLE FOR ISSUING PLANT PASSPORTS

European Community

BELGIUM

Agence fédérale pour la sécurité de la chaîne alimentaire

Administration du contrôle de la production végétale primaire

WTC III, 24e étage

Boulevard Simon Bolivar 30

B-1000 BRUXELLES

Téléphone (32-2) 208 50 48

Télécopieur (32-2) 208 51 70

Federaal Agentschap voor de Veiligheid van de Voedselketen

Bestuur Controle Primaire Productie Plantaardige sector

WTC III, 24e verdieping

Simon Bolivarlaan, 30

B-1000 Brussel

Tel. (32-2) 208 50 48

Fax (32-2) 208 51 70

DENMARK

Ministeriet for Fødevarer, Landbrug og Fiskeri

Plantedirektoratet

Skovbrynet 20

DK-2800 Lyngby

Tel. (45) 45 26 36 00

Fax (45) 45 26 36 13

GERMANY

>TABLE>

GREECE

Ministry of Agriculture

Directorate of Plant Produce Protection

Division of Phytosanitary Control

3-5, Ippokratous Str.

EL-10164 Athens

Tel. (30-210) 361 53 94

Fax (30-210) 361 71 03

SPAIN

Ministerio de Agricultura, Pesca y Alimentación

Dirección General de Agricultura

Subdirección General de Sanidad Vegetal

C/Alfonso XII 62

E-28014 Madrid

Tel.: (34) 913 47 82 54

Fax: (34) 913 47 82 63

>TABLE>

FRANCE

Ministère de l'agriculture, de l'alimentation, de la pêche et des affaires rurales

Direction générale de l'alimentation

Sous-direction de la Qualité et de la Protection des végétaux

251, Rue de Vaugirard

F-75732 Paris Cedex 15

Téléphone (33-1) 495 581 53

Télécopieur (33-1) 495 559 49

IRELAND

Department of Agriculture and Food

Horticulture and Plant Health Division

Maynooth Business Campus

Maynooth Co. Kildare

Ireland

Tel. (353-1) 505 33 54

Fax (353-1) 505 35 64

ITALY

Ministero delle Politiche agricole e forestali (MiPAF)

Servizio Fitosanitario

Via XX Settembre 20

I-00187 Roma

Tel. (39-06) 46 65 60 98

Fax (39-06) 481 46 28

LUXEMBOURG

Ministère de l'agriculture

ASTA

16, route d'Esch - BP 1904

L-1019 Luxembourg

Téléphone (352) 45 71 72-218

Télécopieur (352) 45 71 72-340

NETHERLANDS

Ministerie van Landbouw, Natuur en Voedselkwaliteit

Plantenziektekundige Dienst

Geertjesweg 15 - Postbus 9102

6700 HC Wageningen

Nederland

Tel. (31-317) 49 69 11

Fax (31-317) 42 17 01

AUSTRIA

>TABLE>

PORTUGAL

Direcção-Geral de Protecção das Culturas

Quinta do Marquês

P-2780-155 Oeiras

Tel.: (351-21) 446 40 50

Fax: (351-21) 442 06 16

FINLAND

Plant Production Inspection Centre (KTTK)

Plant Protection Department

PO Box 42

FIN-00501 Helsinki

Puh. (358-9) 5765 111

Faksi (358-9) 5765 2734

SWEDEN

Swedish Board of Agriculture

Plant Protection Service

S-5182 Jönköping

Tel. (46-36) 15 50 00

Fax (46-36) 12 25 22

UNITED KINGDOM

Department for Environment, Food and Rural Affairs

Plant Health Division

Foss House, King's Pool

1-2 Peasholme Green

York YO I 7PX

United Kingdom

Tel. (44-190) 445 51 61

Fax (44-190) 445 51 63

Scottish Executive Environment and Rural Affairs Dept. (SEERAD)

Pentland House

47 Robb's Loan

Edinburgh EH14 1TW

United Kingdom

National Assembly for Wales

Animal and Plant Health Division

Welsh Assembly Government

Crown Buildings

Cathays Park

Cardiff CF10 3NQ

United Kingdom

Department of Agriculture and Rural Developments (DARD)

Dundonald House

Upper Newtonards Road

Belfast BT4 3SB

United Kingdom

Department of Agriculture and Fisheries

PO Box 327

Howard Davis Farm

Trinity

Jersey JE4 8UF

United Kingdom

Chief Executive Officer

Committee for Horticulture

Raymond Falla House, PO Box 459

Longue Rue (Burnt Lane)

St. Martin's

Guernsey GY1 6AF

United Kingdom

Ministry of Agriculture

Knockaloe Peel

Isle of Man IM5 3AJ

United Kingdom

Forestry Commission

231 Corstorphine Road

Edinburgh EH12 7AT

United Kingdom

SWITZERLAND

Office fédéral de l'agriculture

Service phytosanitaire fédéral

CH-3003 Berne

Téléphone (41-31) 322 25 50

Télécopieur (41-31) 322 26 34

APPENDIX 4

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.

European Community provisions

Commission Directive 2001/32/EC of 8 May 2001 recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EEC, as last amended by Commission Directive 2003/46/EC

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, as last amended by Regulation (EC) No 806/2003

Swiss provisions

Ordinance of 28 February 2001 on plant protection, Annex 4, part B (RO 2001 1191), as last amended on 26 November 2003 (RO 2003 4925)

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/EC,

- notifications as provided for in Article 16 of Directive 2000/29/EC.