EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 22011D0083
2011/83/EU: Decision No 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 of 13 December 2010 concerning the amendments to the Appendices to Annex 4
2011/83/EU: Decision No 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 of 13 December 2010 concerning the amendments to the Appendices to Annex 4
2011/83/EU: Decision No 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 of 13 December 2010 concerning the amendments to the Appendices to Annex 4
SL L 32, 8.2.2011, p. 9–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 22002A0430(04) | Zamjena | prilog 4 dodatak 1 | 01/01/2011 | |
Modifies | 22002A0430(04) | Zamjena | prilog 4 dodatak 2 | 01/01/2011 | |
Modifies | 22002A0430(04) | Zamjena | prilog 4 dodatak 4 | 01/01/2011 |
8.2.2011 |
EN |
Official Journal of the European Union |
L 32/9 |
DECISION No 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
of 13 December 2010
concerning the amendments to the Appendices to Annex 4
(2011/83/EU)
THE JOINT COMMITTEE ON AGRICULTURE,
Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, and in particular Article 11 thereof,
Whereas:
(1) |
This 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 Appendices to Annex 4 were respectively replaced by Decision No 1/2004 of the Joint Committee on Agriculture, attached to Commission Decision 2004/278/EC (1) and Decisions No 2/2005 (2) and No 1/2008 (3) of the Joint Committee on Agriculture. |
(4) |
Since the entry into force on the abovementioned Decisions, the legislative provisions of the Parties in the plant health field have been amended in areas which affect the Agreement. |
(5) |
Appendices 1, 2 and 4 to Annex 4 should therefore be amended to take into account these various changes, |
HAS DECIDED AS FOLLOWS:
Article 1
Appendices 1, 2 and 4 to Annex 4 to the Agreement are hereby replaced by the texts annexed to this Decision.
Article 2
This Decision shall enter into force on 1 January 2011.
Done at Berne, 13 December 2010.
For the Joint Committee on Agriculture
The President and Head of the Union Delegation
Paul VAN GELDORP
The Head of the Swiss Delegation
Jacques CHAVAZ
The Secretary of the Joint Committee on Agriculture
Małgorzata ŚLIWIŃSKA-KLENNER
(1) OJ L 87, 25.3.2004, p. 31.
ANNEX
‘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.
Beta vulgaris L. |
Camellia sp. |
Humulus lupulus L. |
Prunus L., not including Prunus laurocerasus L. and Prunus lusitanica L. |
Rhododendron spp., not including Rhododendron simsii Planch. |
Viburnum spp. |
1.2.
Amelanchier Med. |
Chaenomeles Lindl. |
Crataegus L. |
Cydonia Mill. |
Eriobotrya Lindl. |
Malus Mill. |
Mespilus L. |
Pyracantha Roem. |
Pyrus L. |
Sorbus L. |
1.3.
Solanum L. and hybrids thereof
1.4.
Vitis L.
1.5.
(a) |
where it has been obtained in whole or part from Platanus L., including wood which has not kept its natural round surface; and |
(b) |
where it meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (*1)
|
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.
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 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. 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.
Solanaceae, other than those referred to in item 1.3.
2.3.
Araceae |
Marantaceae |
Musaceae |
Persea spp. |
Strelitziaceae |
2.4.
Allium ascalonicum L. |
Allium cepa L. |
Allium schoenoprasum L. |
Helianthus annuus L. |
Lycopersicon lycopersicum(L.) Karsten ex Farw. |
Medicago sativa L. |
Phaseolus L. |
2.5.
Allium porrum L.
Plants of Palmae, having a diameter of the stem at the base of over 5 cm and belonging to the following genera or species:
Areca catechu L. |
Arenga pinnata (Wurmb) Merr. |
Borassus flabellifer L. |
Brahea Mart. |
Butia Becc. |
Calamus merrillii Becc. |
Caryota maxima Blume ex Mart. |
Caryota cumingii Lodd. ex Mart. |
Chamaerops L. |
Cocos nucifera L. |
Corypha elata Roxb. |
Corypha gebang Mart. |
Elaeis guineensis Jacq. |
Jubaea Kunth. |
Livistona R. Br. |
Metroxylon sagu Rottb. |
Oreodoxa regia Kunth. |
Phoenix L. |
Sabal Adans. |
Syagrus Mart. |
Trachycarpus H. Wendl. |
Trithrinax Mart. |
Washingtonia Raf. |
2.6.
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.
Cruciferae |
Gramineae not including Oryza spp. |
Trifolium spp. |
2.2.
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.
Triticum |
Secale |
X Triticosecale |
3. Parts of plants, not including fruit or seeds
Acer saccharum Marsh., originating in the United States and Canada |
Apium graveolens L. (leafy vegetables) |
Aster spp. originating in non-European countries (cut flowers) |
Camellia sp. |
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 part from one of the order, genera or species as described hereafter, except wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, actually in use in the transport of objects of all kinds, except raw wood of 6 mm thickness or less, and processed wood produced by glue, heat and pressure, or a combination thereof, originating outside the territories of the Parties:
and |
(b) |
meets one of the following descriptions laid down in Annex I, Part two to Regulation (EEC) No 2658/87:
|
(c) |
|
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:
|
8. 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 mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, South Korea, Russia, Taiwan and the United States, |
9. Cereals of the following species originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the United States
Triticum |
Secale |
X Triticosecale |
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 Community
1.1.
Clausena Burm. f. |
Murraya Koenig ex L. |
1.2.
1.3.
Oryza spp.
1.4.
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.
Citrus L. and hybrids thereof |
Fortunella Swingle and hybrids thereof |
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.
Cotoneaster Ehrh. |
Photinia davidiana (Dcne.) Cardot |
‘APPENDIX 2
LEGISLATION (*2)
European Community provisions
— |
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 2003/766/EC of 24 October 2003 on emergency measures to prevent the spread within the Community of Diabrotica virgifera Le Conte |
— |
Commission Decision 2004/4/EC of 22 December 2003 authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt |
— |
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 2004/105/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 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 2006/133/EC of 13 February 2006 requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) as regards areas in Portugal, other than those in which it is known not to occur |
— |
Commission Decision 2006/464/EC of 27 June 2006 on provisional emergency measures to prevent the introduction into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu |
— |
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 (Codified version) |
— |
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) |
— |
Commission Decision 2007/410/EC of 12 June 2007 on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid |
— |
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 Decision 2007/847/EC of 6 December 2007 providing for a derogation from certain provisions of Council Directive 2000/29/EC in respect of plants of Vitis L., other than fruits, originating in Croatia or the former Yugoslav Republic of Macedonia |
— |
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 Decision 2008/840/EC of 7 November 2008 on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster) |
Swiss provisions
— |
Ordinance of 28 February 2001 on plant protection (RS 916.20) |
— |
Ordinance of the DFE of 15 April 2002 on prohibited plants (RS 916.205.1) |
— |
OFAG Ordinance of 25 February 2004 on temporary plant-health measures (RS 916.202.1) |
‘APPENDIX 4 (*3)
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
— |
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 28 February 2001 on plant protection, Annex 4, Part B (RS 916.20) |
(*1) OJ L 256, 7.9.1987, p. 1.’
(*2) Unless indicated otherwise, any reference to an act shall mean that act as amended before 30 April 2010.’
(*3) Unless indicated otherwise, any reference to an act shall mean that act as amended before 30 April 2010.’