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Document 32010D0797
2010/797/EU: 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 of 1 December 2010 regarding the amendment of Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agreement
2010/797/EU: 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 of 1 December 2010 regarding the amendment of Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agreement
2010/797/EU: 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 of 1 December 2010 regarding the amendment of Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agreement
IO L 338, 22.12.2010, p. 50–59
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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22.12.2010 |
EN |
Official Journal of the European Union |
L 338/50 |
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
of 1 December 2010
regarding the amendment of Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agreement
(2010/797/EU)
THE JOINT VETERINARY COMMITTEE,
Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter referred to as ‘the Agriculture Agreement’), and in particular Article 19(3) of Annex 11 thereto,
Whereas:
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(1) |
The Agriculture Agreement entered into force on 1 June 2002. |
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(2) |
Under Article 19(1) of Annex 11 to the Agriculture Agreement the Joint Veterinary Committee is responsible for considering any matter arising in connection with the said Annex and its implementation and for carrying out the tasks provided for therein. Article 19(3) of that Annex authorises the Joint Veterinary Committee to amend the Appendices thereto, in particular with a view to their adaptation and updating. |
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(3) |
The Appendices to Annex 11 to the Agriculture Agreement were amended for the first time by Decision No 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 of 25 November 2003 amending Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement (1). |
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(4) |
The Appendices to Annex 11 to the Agriculture Agreement were last amended by Decision No 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 of 23 December 2008 regarding the amendment of Appendices 2, 3, 4, 5, 6 and 10 to Annex 11 to the Agreement (2). |
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(5) |
The Swiss Confederation has requested an extension to the previously granted derogation in respect of the Trichinella examination of carcasses and meat of domestic swine kept for fattening and slaughter in low-capacity slaughter establishments. Since such carcasses and meat of domestic swine, as well as meat preparations, meat products and derived processed products thereof, may not be traded with the Member States of the European Union, pursuant to the provisions of Article 9(a) of the Swiss Ordinance on foodstuffs of animal origin issued by the Département Fédéral de l’Intérieur (RS 817.022.108), this request can be complied with. The derogation in question should, therefore, be made applicable until 31 December 2014. |
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(6) |
Since the Appendices to Annex 11 to the Agriculture Agreement were last amended, the legislative provisions of Appendices 1, 2, 5, 6 and 10 to Annex 11 to that Agreement have also been amended. The contact points referred to in Appendix 11 to Annex 11 to the Agriculture Agreement should therefore be updated. |
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(7) |
It is necessary to adapt the provisions of Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agriculture Agreement accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agriculture Agreement shall be amended in accordance with Annexes I to VI to this Decision.
Article 2
This Decision, drawn up in duplicate, shall be signed by the joint chairmen or other persons empowered to act on behalf of the parties.
Article 3
This Decision shall enter into force on the date when both parties will have signed it.
Article 4
This Decision shall be published in the Official Journal of the European Union.
Done at Bern, 1 December 2010.
For the Swiss Confederation
The Head of Delegation
Hans WYSS
Done at Brussels, 1 December 2010.
For the European Union
The Head of Delegation
Paul VAN GELDORP
ANNEX I
1.
Chapter V, ‘Avian influenza’, of Appendix 1 to Annex 11 to the Agriculture Agreement is replaced by the following:‘V. Avian influenza
A. LEGISLATION (*1)
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European Union |
Switzerland |
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Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16). |
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B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
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1. |
The European Union reference laboratory for avian influenza shall be the Central Veterinary Laboratory, New Haw, Weybridge, Surrey KT15 3NB, United Kingdom. Switzerland shall pay the costs for which it is liable for operations carried out by the laboratory in that capacity. The functions and duties of the laboratory shall be as laid down in Annex VII (2) to Directive 2005/94/EC. |
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2. |
Pursuant to Article 97 of the Ordinance on epizootic diseases, Switzerland has established a contingency plan, which is published on the website of the Office Vétérinaire Fédéral. |
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3. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 60 of Directive 2005/94/EC and Article 57 of the Act on epizootic diseases. |
(*1) Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’ "
2.
Chapter VII, ‘Diseases affecting fish and molluscs’, of Appendix 1 to Annex 11 to the Agriculture Agreement is replaced by the following:‘VII. Diseases affecting fish and molluscs
A. LEGISLATION (*2)
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European Union |
Switzerland |
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Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14). |
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B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
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1. |
Flat oyster farming is not currently practised in Switzerland. Should cases of bonamiosis or marteiliosis appear, the Office Vétérinaire Fédéral undertakes to adopt the necessary emergency measures in accordance with European Union rules on the basis of Article 57 of the Act on epizootic diseases. |
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2. |
With a view to combating diseases affecting fish and molluscs, Switzerland shall apply the Ordinance on epizootic diseases, in particular Articles 61 (obligations of leasers of fishing rights and of bodies responsible for monitoring fishing), 62 to 76 (general measures for combating disease), 275 to 290 (specific measures relating to fish diseases, diagnostic laboratory) and 291 (epizootic diseases to be monitored). |
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3. |
The European Union reference laboratory for crustacean diseases shall be the Centre for Environment, Fisheries & Aquaculture Science (CEFAS), Weymouth Laboratory, United Kingdom. The European Union reference laboratory for fish diseases shall be the National Veterinary Institute, Technical University of Denmark, Hangøvej 2, 8200 Århus, Denmark. The European Union reference laboratory for mollusc diseases shall be the Laboratoire IFREMER, BP 133, 17390 La Tremblade, France. Switzerland shall pay the costs for which it is liable for operations carried out by the laboratories in the above capacity. The functions and duties of the laboratories shall be as laid down in Part I of Annex VI to Directive 2006/88/EC. |
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4. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 58 of Directive 2006/88/EC and Article 57 of the Act on epizootic diseases. |
(*2) Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’ "
(*1) Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’
(*2) Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’ ’
ANNEX II
1.
Paragraph 7(d) of Part B, ‘Special rules and procedures for implementation’, of Chapter I, ‘Bovine animals and swine’, of Appendix 2 to Annex 11 to the Agriculture Agrement is replaced by the following:|
‘(d) |
isolation shall be terminated when, after the infected animals have been eliminated, two serological examinations of all breeding animals and a representative number of fattening animals carried out at an interval of least 21 days have produced negative results. By virtue of the recognised status of Switzerland, the provisions of Decision 2008/185/EC (OJ L 59, 4.3.2008, p. 19), last amended by Decision 2009/248/EC (OJ L 73, 19.3.2009, p. 22), shall apply mutatis mutandis.’ |
2.
Paragraph 11 of Part B, ‘Special rules and procedures for implementation’, of Chapter I, ‘Bovine animals and swine’, of Appendix 2 to Annex 11 to the Agriculture Agreement is replaced by the following:|
‘11. |
Bovine animals and swine traded between the Member States of the European Union and Switzerland shall be accompanied by health certificates in accordance with the models set out in Annex F to Directive 64/432/EEC. The following adaptations shall apply:
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3.
Paragraph 4 of Part B, ‘Special rules and procedures for implementation’, of Chapter IV, ‘Poultry and hatching eggs’, of Appendix 2 to Annex 11 to the Agriculture Agreement is replaced by the following:|
‘4. |
For consignments of hatching eggs to the European Union, the Swiss authorities undertake to comply with the rules on marking laid down in Commission Regulation (EC) No 617/2008 of 27 June 2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks (OJ L 168, 28.6.2008, p. 5).’ |
4.
Chapter V, ‘Aquaculture animals and products’, of Appendix 2 to Annex 11 to the Agriculture Agreement is replaced by the following:‘V. Aquaculture animals and products
A. LEGISLATION (*1)
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European Union |
Switzerland |
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Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14). |
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B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
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1. |
For the purposes of this Annex, Switzerland is recognised as officially free from infectious salmon anaemia) and infections with Marteilia refringens and Bonamia ostreae. |
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2. |
The Joint Veterinary Committee shall decide on any application of Articles 29, 40, 41, 43, 44 and 50 of Directive 2006/88/EC. |
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3. |
The animal health conditions for the placing on the market of ornamental aquatic animals, aquaculture animals intended for farming, including relaying areas, put and take fisheries and open ornamental facilities, and restocking, and aquaculture animals and products thereof intended for human consumption are laid down in Articles 4 to 9 of Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (OJ L 337, 16.12.2008, p. 41). |
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4. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 58 of Directive 2006/88/EC and Article 57 of the Act on epizootic diseases. |
(*1) Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’ "
(*1) Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’ ’
ANNEX III
Part A, ‘Identification of animals’, of Chapter V of Appendix 5 to Annex 11 to the Agriculture Agreement is replaced by the following:
‘A. Identification of livestock
A. LEGISLATION (*1)
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European Union |
Switzerland |
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B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
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(a) |
The Joint Veterinary Committee shall be responsible for the application of Article 4(2) of Directive 2008/71/EC. |
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(b) |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 22 of Regulation (EC) No 1760/2000, Article 57 of the Act on epizootic diseases and Article 1 of the Ordinance of 14 November 2007 on the coordination of inspections of agricultural holdings (OCI, RS 910.15). |
(*1) Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’ ’
ANNEX IV
1.
Paragraph (6) of Section ‘Special conditions’ of Chapter I of Appendix 6 to Annex 11 to the Agriculture Agreement is replaced by the following:|
‘(6) |
The competent authorities of Switzerland may derogate from the Trichinella examination of carcasses and meat of domestic swine kept for fattening and slaughter in low-capacity slaughter establishments.
This provision shall apply until 31 December 2014. In application of the provisions of Article 8(3) of the DFE Ordinance of 23 November 2005 on hygiene during the slaughter of livestock (OHyAb; RS 817.190.1) and Article 9(8) of the DFI Ordinance of 23 November 2005 on foodstuffs of animal origin (RS 817.022.108), these carcasses and meat of domestic swine kept for fattening and slaughter as well as meat preparations, meat products and derived processed products thereof shall be marked with a special health stamp in accordance with the model specified in the last subparagraph of Annex 9 to the DFE Ordinance of 23 November 2005 on hygiene during the slaughter of livestock (OhyAb; RS 817.190.1). These products may not be traded with the Member States of the European Union, in accordance with the provisions of Article 9a of the DFI Ordinance on foodstuffs of animal origin (RS 817.022.108).’ |
2.
Paragraph (11) of Section ‘Special conditions’ of Chapter I of Appendix 6 to Annex 11 to the Agriculture Agreement is replaced by the following:|
‘(11) |
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ANNEX V
Chapter V of Appendix 10 to Annex 11 to the Agriculture Agreement is hereby amended as follows:
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1. |
Paragraphs 3, 6, 7, 8, 9 and 14 in Part 1.A are deleted. |
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2. |
The following paragraphs are added to Part 1.A:
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ANNEX VI
Appendix 11 to Annex 11 to the Agriculture Agreement is replaced by the following:
‘Appendix 11
Contact points
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1. |
For the European Union:
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2. |
For Switzerland:
Other important contact:
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