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Document 22005D0022
2005/22/ECDecision No 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 of 9 December 2004 amending Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement
2005/22/ECDecision No 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 of 9 December 2004 amending Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement
2005/22/ECDecision No 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 of 9 December 2004 amending Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement
SL L 17, 20.1.2005, p. 1–47
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, FI, SV)
In force
20.1.2005 |
EN |
Official Journal of the European Union |
L 17/1 |
DECISION No 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
of 9 December 2004
amending Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement
(2005/22/EC)
THE COMMITTEE,
Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter the Agricultural Agreement), and in particular Article 19(3) of Annex 11 thereto,
Whereas:
(1) |
The Agricultural Agreement entered into force on 1 June 2002. |
(2) |
Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agricultural 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). In general, that Decision takes account of the legislation in force on 31 December 2002. In the specific case of bovine spongiform encephalopathy, it takes account of the legislation in force on 11 July 2003. |
(3) |
Appendix 5 to Annex 11 to the Agricultural Agreement was amended a second time by Decision No 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 of 28 April 2004 on the amendment to Appendix 5 to Annex 11 to the Agreement (2). |
(4) |
Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agricultural Agreement should be amended to take account of changes in the Community and Swiss legislation in force at 26 July 2004, |
HAS DECIDED AS FOLLOWS:
Article 1
Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products are hereby replaced by the Appendices set out in the Annex to this Decision.
Article 2
This Decision, drawn up in duplicate, shall be signed by the joint chairmen or other persons empowered to act in the name of the Parties.
Article 3
This Decision shall be published in the Official Journal of the European Union.
It shall take effect on the date of the last signature.
Signed at Basle, 9 December 2004.
On behalf of the Swiss Confederation
The head of delegation
Hans WYSS
On behalf of the European Community
The head of delegation
Jaana HUSU-KALLIO
ANNEX
APPENDIX 1
CONTROL MEASURES/NOTIFICATION OF DISEASES
I. FOOT-AND-MOUTH DISEASE
A. Legislation
Community |
Switzerland |
||||||
Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (OJ L 306, 22.11.2003, p. 1) |
|
B. Special rules and procedures for implementation
1. |
In principle, the Commission and the Office vétérinaire fédéral shall notify each other of any intention to carry out emergency vaccinations. In extreme emergencies, notification may cover the decision as taken and the rules and procedures governing its implementation. At all events, consultations must be held as soon as possible within the Joint Veterinary Committee. |
2. |
Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an emergency warning plan. Technical implementation rule No 95/65 issued by the Office vétérinaire fédéral lays down the procedures for that plan. |
3. |
The joint reference laboratory for identifying foot-and-mouth virus shall be the Institute for Animal Health, Pirbright Laboratory, United Kingdom. Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. The functions and tasks of the laboratory shall be as laid down in Annex XVI to Directive 2003/85/EC. |
II. CLASSICAL SWINE FEVER
A. Legislation
Community |
Switzerland |
||||||||
Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (OJ L 316, 1.12.2001, p. 5), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, Annex II: List referred to in Article 20 of the Act of Accession — 6. Agriculture — B. Veterinary and plant health legislation — I. Veterinary legislation (OJ L 236, 23.9.2003, p. 381) |
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B. Special rules and procedures for implementation
1. |
The Commission and the Office vétérinaire fédéral shall notify each other of any intention to carry out emergency vaccinations. Consultations shall be held as soon as possible within the Joint Veterinary Committee. |
2. |
If necessary, pursuant to Article 117(5) of the Ordonnance on epizootic diseases, the Office vétérinaire fédéral shall lay down technical implementing rules on the marking and treatment of meat coming from protection and surveillance zones. |
3. |
Pursuant to Article 121 of the Ordonnance on epizootic diseases, Switzerland undertakes to implement a plan to eradicate classical swine fever in wild pigs in accordance with Articles 15 and 16 of Directive 2001/89/EC. Consultations shall be held as soon as possible within the Joint Veterinary Committee. |
4. |
Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an emergency warning plan. Technical implementation rule No 95/65 issued by the Office vétérinaire fédéral lays down the procedures for that plan. |
5. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 21 of Directive 2001/89/EC and Article 57 of the Law on epizootic diseases. |
6. |
If necessary, pursuant to Article 89(2) of the Ordonnance on epizootic diseases, the Office vétérinaire fédéral shall lay down technical implementing rules on serological checks on pigs in protection and surveillance zones in accordance with Annex IV to Commission Decision 2002/106/EC (OJ L 39, 9.2.2002, p. 71). |
7. |
The joint reference laboratory for classical swine fever shall be the Institut für Virologie der Tierärztlichen Hochschule Hannover, Bünteweg 17, D-30559, Hannover, Germany. Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. The functions and tasks of the laboratory shall be as laid down in Annex IV to Directive 2001/89/EC. |
III. AFRICAN HORSE SICKNESS
A. Legislation
Community |
Switzerland |
||||||
Council Directive 92/35/EEC of 29 April 1992 laying down control rules and measures to combat African horse sickness (OJ L 157, 10.6.1992, p. 19), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, Annex II: List referred to in Article 20 of the Act of Accession — 6. Agriculture — B. Veterinary and plant health legislation — I. Veterinary legislation (OJ L 236, 23.9.2003, p. 381) |
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B. Special rules and procedures for implementation
1. |
Where an epizootic disease of particular severity develops in Switzerland, the Joint Veterinary Committee shall meet to consider the situation. The competent Swiss authorities undertake to take the measures found necessary in the light of that examination. |
2. |
The joint reference laboratory for African horse sickness shall be the Laboratorio de Sanidad y Producción animal, Ministerio de Agricultura, Pesca y Alimentación, 28110 Algete, Madrid, Spain. Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. The functions and tasks of the laboratory shall be as laid down in Annex III to Directive 92/35/EEC. |
3. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 16 of Directive 92/35/EEC and Article 57 of the Law on epizootic diseases. |
4. |
Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an action plan. Technical implementation rule No 95/65 issued by the Office vétérinaire fédéral lays down the procedures for that plan. |
IV. AVIAN INFLUENZA
A. Legislation
Community |
Switzerland |
||||||
Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (OJ L 167, 22.6.1992, p. 1), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, Annex II: List referred to in Article 20 of the Act of Accession — 6. Agriculture — B. Veterinary and plant health legislation — I. Veterinary legislation (OJ L 236, 23.9.2003, p. 381) |
|
B. Special rules and procedures for implementation
1. |
The joint reference laboratory for avian influenza shall be the Central Veterinary Laboratory, New Haw, Weybridge, Surrey KT15 3NB, United Kingdom. Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. The functions and tasks of the laboratory shall be as laid down in Annex V to Directive 92/40/EEC. |
2. |
Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an emergency plan. Technical implementation rule No 95/65 issued by the Office vétérinaire fédéral lays down the procedures for that plan. |
3. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 18 of Directive 92/40/EEC and Article 57 of the Law on epizootic diseases. |
V. NEWCASTLE DISEASE
A. Legislation
Community |
Switzerland |
||||||||||
Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease (OJ L 260, 5.9.1992, p. 1), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, Annex II: List referred to in Article 20 of the Act of Accession — 6. Agriculture — B. Veterinary and plant health legislation — I. Veterinary legislation (OJ L 236, 23.9.2003, p. 381) |
|
B. Special rules and procedures for implementation
1. |
The joint reference laboratory for Newcastle disease shall be the Central Veterinary Laboratory, New Haw, Weybridge, Surrey KT15 3NB, United Kingdom. Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. The functions and tasks of the laboratory shall be as laid down in Annex V to Directive 92/66/EEC. |
2. |
Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an emergency plan. Technical implementation rule No 95/65 issued by the Office vétérinaire fédéral lays down the procedures for that plan. |
3. |
The information provided for in Articles 17 and 19 of Directive 92/66/EEC shall be the responsibility of the Joint Veterinary Committee. |
4. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 22 of Directive 92/66/EEC and Article 57 of the Law on epizootic diseases. |
VI. FISH DISEASES
A. Legislation
Community |
Switzerland |
||||
Council Directive 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases (OJ L 175, 19.7.1993, p. 23), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, Annex II: List referred to in Article 20 of the Act of Accession — 6. Agriculture — B. Veterinary and plant health legislation — I. Veterinary legislation (OJ L 236, 23.9.2003, p. 381) |
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B. Special rules and procedures for implementation
1. |
At present, salmon farming is not authorised and the species is not present in Switzerland. In accordance with amendment I to the Ordonnance on epizootic diseases (OFE) of 28 March 2001 (RO 2001.1337), infectious anaemia in salmon is now classified in Switzerland as a disease to be eradicated. The situation shall be reviewed within the Joint Veterinary Committee one year after the entry into force of this Annex. |
2. |
Flat oyster farming is not currently practised in Switzerland. Should cases of bonamiosis or marteiliosis appear, the Office vétérinaire fédéral undertakes to take the necessary emergency measures in accordance with Community rules on the basis of Article 57 of the Law on epizootic diseases. |
3. |
In cases as referred to in Article 7 of Directive 93/53/EEC, the information shall be submitted to the Joint Veterinary Committee. |
4. |
The joint reference laboratory for fish diseases shall be the Statens Veterinaere Serumlaboratorium, Landbrugsministeriet, Hangøvej 2, 8200 Århus, Denmark. Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. The functions and tasks of the laboratory shall be as laid down in Annex C to Directive 93/53/EEC. |
5. |
Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an action plan. Technical implementation rule No 95/65 issued by the Office vétérinaire fédéral lays down the procedures for that plan. |
6. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance, in particular, with Article 16 of Directive 93/53/EEC and Article 57 of the Law on epizootic diseases. |
VII. BOVINE SPONGIFORM ENCEPHALOPATHY
A. Legislation
Community |
Switzerland |
||||||||||||||||
Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1), as last amended by Commission Regulation (EC) No 876/2004 of 29 April 2004 amending Annex VIII to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards trade in ovine and caprine animals for breeding (OJ L 162, 30.4.2004, p. 52) |
|
B. Special rules and procedures for implementation
1. |
The joint reference laboratory for bovine spongiform encephalopathy (BSE) shall be the Veterinary Laboratories Agency, Woodham Lane, New Haw, Addlestone, Surrey KT15 3NB, United Kingdom. Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. The functions and tasks of the laboratory shall be as laid down in Chapter B of Annex X to Regulation (EC) No 999/2001. |
2. |
Pursuant to Article 57 of the Ordonnance on epizootic diseases, Switzerland has established an emergency plan for implementing measures to combat BSE. |
3. |
Under Article 12 of Regulation (EC) No 999/2001, any animal suspected of being infected by a TSE in the Member States of the Community shall be placed under an official movement restriction until the results of a clinical and epidemiological examination carried out by the competent authority are known, or sacrificed for laboratory examination under official control. Under Article 177 of the Ordonnance on epizootic diseases, Switzerland has banned the slaughter of animals suspected of being infected by BSE. Suspect animals must be killed without spilling blood and incinerated, and their brains must be analysed in the Swiss reference laboratory for BSE. Under Article 10 of the Ordonnance on epizootic diseases, Switzerland has introduced a permanent identification system for bovine animals enabling them to be traced back to the dam and herd of origin and making it possible to establish that they are not the progeny of BSE suspect or confirmed females. Under Articles 178 and 179 of the Ordonnance on epizootic diseases, Switzerland slaughters animals infected with BSE and their progeny. Since 1 July 1999, Switzerland has also implemented slaughter by cohort (it practised slaughter by herd from 14 December 1996 until 30 June 1999). |
4. |
Under Article 7 of Regulation (EC) No 999/2001, the Member States of the Community prohibit the feeding of processed animal proteins to farmed animals which are kept, fattened or bred for the production of food. There is a total prohibition on feeding proteins derived from animals to ruminants in the Member States of the Community. Under Article 183 of the Ordonnance on epizootic diseases, Switzerland has introduced a total prohibition on the feeding of animal protein to farmed animals, which entered into force on 1 January 2001. |
5. |
Under Article 6 of Regulation (EC) No 999/2001 and in accordance with Chapter A of Annex III to that Regulation, the Member States of the Community are to introduce an annual BSE monitoring programme. This plan includes a rapid BSE test for all cattle more than 24 months old subject to emergency slaughter, animals which have died on the farm or found to be ill during the ante mortem inspection and all animals more than 30 months old slaughtered for human consumption. The rapid BSE tests used by Switzerland are listed in Chapter C of Annex X to Regulation (EC) No 999/2001. Under Article 175a of the Ordonnance on epizootic diseases, Switzerland is to carry out a compulsory rapid BSE test for all bovine animals more than 30 months old subject to emergency slaughter, animals which have died on the farm or been found to be ill during the ante mortem inspection and all animals more than 30 months old slaughtered for human consumption. In addition, operators are to implement a voluntary programme for monitoring bovine animals more than 20 months old slaughtered for human consumption. |
6. |
The Joint Veterinary Committee shall be responsible for providing the information required in Article 6 and Chapter B of Annex III and in Annex IV (3.II) to Regulation (EC) No 999/2001. |
7. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 21 of Regulation (EC) No 999/2001 and Article 57 of the Law on epizootic diseases. |
C. Additional information
1. |
From 1 January 2003, pursuant to the Ordonnance of 20 November 2002 on the allocation of contributions to cover the costs of eliminating animal waste in 2003 (RS 916.406), Switzerland has introduced a financial incentive for farms on which bovine animals are born and slaughterhouses where they are slaughtered, provided they comply with the procedures for declaring animal movements as provided for in the legislation in force. |
2. |
Under Article 8 of Regulation (EC) No 999/2001 and in accordance with point 1 of Annex XI to that Regulation, the Member States of the Community are to remove and destroy specified risk materials (SRMs). The list of SRMs removed includes, in particular, the spinal column of bovine animals more than 12 months old. Under Articles 181 and 182 of the Ordonnance on epizootic diseases and Article 122 of the Ordonnance on foodstuffs, Switzerland has introduced a policy of removing SRMs from the animal and human food chains. The list of SRMs removed includes, in particular, the spinal column of bovine animals more than 30 months old. |
3. |
Regulation (EC) No 1774/2002 of the European Parliament and of the Council (OJ L 273, 10.10.2002, p. 1) lays down health rules concerning animal by-products not intended for human consumption in the Member States of the Community. Under Article 13 of the Ordonnance on the elimination of animal by-products, Switzerland is to incinerate category 1 animal by-products, including specified risk materials and animals which have died on the farm. |
VIII. OTHER DISEASES
A. Legislation
Community |
Switzerland |
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Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (OJ L 62, 15.3.1993, p. 69), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, Annex II: List referred to in Article 20 of the Act of Accession — 6. Agriculture — B. Veterinary and plant health legislation — I. Veterinary legislation (OJ L 236, 23.9.2003, p. 381) |
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B. Special rules and procedures for implementation
1. |
In cases as referred to in Article 6 of Directive 92/119/EEC, the information shall be submitted to the Joint Veterinary Committee. |
2. |
The joint reference laboratory for swine vesicular disease shall be the AFR Institute for Animal Health, Pirbright Laboratory, Ash Road, Pirbright, Woking, Surrey GU24 0NF, United Kingdom. Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. The functions and tasks of the laboratory shall be as laid down in Annex III to Directive 92/119/EEC. |
3. |
Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an emergency plan. Technical implementation rule No 95/65 issued by the Office vétérinaire fédéral lays down the procedures for that plan. |
4. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 22 of Directive 92/119/EEC and Article 57 of the Law on epizootic diseases. |
IX. NOTIFICATION OF DISEASES
A. Legislation
Community |
Switzerland |
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Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (OJ L 378, 31.12.1982, p. 58), as last amended by Commission Decision 2004/216/EC of 1 March 2004 amending Council Directive 82/894/EEC on the notification of animal diseases within the Community to include certain equine diseases and certain diseases of bees to the list of notifiable diseases (OJ L 67, 5.3.2004, p. 27) |
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B. Special rules and procedures for implementation
The Commission, in cooperation with the Office vétérinaire fédéral, shall integrate Switzerland into the animal disease notification system provided for in Directive 82/894/EEC.
APPENDIX 2
ANIMAL HEALTH: TRADE AND PLACING ON THE MARKET
I. BOVINE ANIMALS AND SWINE
A. Legislation
Community |
Switzerland |
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Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (OJ 121, 29.7.1964, p. 1977), as last amended by Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8) |
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B. Special rules and procedures for implementation
1. |
Pursuant to the first paragraph of Article 297 of the Ordonnance on epizootic diseases, the Office vétérinaire fédéral shall approve assembly centres as defined in Article 2 of Directive 64/432/EEC. For the purposes of this Annex, in accordance with Articles 11, 12 and 13 of Directive 64/432/EEC, Switzerland shall draw up a list of its approved assembly centres, transporters and traders. |
2. |
The information provided for in Article 11(3) of Directive 64/432/EEC shall be submitted to the Joint Veterinary Committee. |
3. |
For the purposes of this Annex, Switzerland is recognised as fulfilling the conditions laid down in Annex A(II) (7) of Directive 64/432/EEC as regards bovine brucellosis. In order to maintain its status as having an officially brucellosis-free bovine herd, Switzerland undertakes to meet the following conditions:
Detailed information concerning herds testing positive and an epidemiological report shall be submitted to the Joint Veterinary Committee. If any of the conditions laid down in the first subparagraph of Annex A(II)(7) of Directive 64/432/EEC is not fulfilled by Switzerland, the Office vétérinaire fédéral shall immediately notify the Commission. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph. |
4. |
For the purposes of this Annex, Switzerland is recognised as fulfilling the conditions laid down in Annex A(I)(4) of Directive 64/432/EEC as regards bovine tuberculosis. In order to maintain its status as having an officially tuberculosis-free bovine herd, Switzerland undertakes to meet the following conditions:
Detailed information on the infected herds and an epidemiological report shall be submitted to the Joint Veterinary Committee. If any of the conditions laid down in the first subparagraph of Annex A(I)(4) of Directive 64/432/EEC is not fulfilled by Switzerland, the Office vétérinaire fédéral shall immediately notify the Commission. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph. |
5. |
For the purposes of this Annex, Switzerland is recognised as fulfilling the conditions laid down in Chapter I.F of Annex D to Directive 64/432/EEC as regards enzootic bovine leucosis. In order to maintain its status as having an officially enzootic bovine leucosis-free herd, Switzerland undertakes to meet the following conditions:
If enzootic bovine leucosis has been found in 0,2 % of herds, the Office vétérinaire fédéral shall immediately notify the Commission. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph. |
6. |
For the purposes of this Annex, Switzerland is recognised as officially free from infectious bovine rhinotracheitis. In order to maintain that status, Switzerland undertakes to meet the following conditions:
By virtue of the recognised status of Switzerland, Commission Decision 2004/558/EC (OJ L 249, 23.7.2004, p. 20) shall apply mutatis mutandis. The Office vétérinaire fédéral shall immediately notify the Commission of any change in the conditions on which recognition of that status was based. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph. |
7. |
For the purposes of this Annex, Switzerland is recognised as officially free from Aujeszky's disease. In order to maintain that status, Switzerland undertakes to meet the following conditions:
By virtue of the recognised status of Switzerland, Commission Decision 2001/618/EC (OJ L 215, 9.8.2001, p. 48), as last amended by Decision 2004/320/EC (OJ L 102, 7.4.2004, p. 75), shall apply mutatis mutandis. The Office vétérinaire fédéral shall immediately notify the Commission of any change in the conditions on which recognition of that status was based. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph. |
8. |
The question of possible additional guarantees concerning transmissible gastroenteritis of pigs (TGE) and porcine reproductive and respiratory syndrome (PRRS) shall be considered as soon as possible by the Joint Veterinary Committee. The Commission shall inform the Office vétérinaire fédéral of any developments in this area. |
9. |
In Switzerland the Institut de bactériologie vétérinaire of the University of Berne is responsible for the official testing of tuberculins within the meaning of point 4 of Annex B to Directive 64/432/EEC. |
10. |
The Institut de bactériologie vétérinaire of the University of Berne shall be responsible for the official testing of antigens (brucellosis) in Switzerland in accordance with point 4 of Annex C(A) to Directive 64/432/EEC. |
11. |
Bovine animals and swine traded between the Member States of the Community 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 adjustments shall apply: Model 1:
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12. |
For the purposes of applying this Annex, bovine animals traded between the Member States of the Community and Switzerland must be accompanied by additional health certificates containing the following health declarations:
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II. SHEEP AND GOATS
A. Legislation
Community |
Switzerland |
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Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ L 46, 19.2.1991, p. 19), as last amended by Commission Decision 2004/554/EC of 9 July 2004 amending Annex E to Council Directive 91/68/EEC and Annex I to Council Decision 79/542/EEC as regards the updating of the model health certificates relating to ovine and caprine animals (OJ L 248, 22.7.2004, p. 1) |
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B. Special rules and procedures for implementation
1. |
For the purposes of the second subparagraph of Article 3(2) of Directive 91/68/EEC, the information referred to therein shall be submitted to the Joint Veterinary Committee. |
2. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 11 of Directive 91/68/EEC and Article 57 of the Law on epizootic diseases. |
3. |
For the purposes of this Annex, Switzerland is recognised as officially free from ovine and caprine brucellosis. In order to maintain that status, Switzerland undertakes to implement the measures provided for in point II(2) of Chapter I of Annex A to Directive 91/68/EEC. Should ovine and caprine brucellosis appear or reappear, Switzerland shall inform the Joint Veterinary Committee so that the necessary measures can be taken in line with developments in the situation. |
4. |
Ovine and caprine animals traded between the Member States of the Community and Switzerland shall be accompanied by health certificates in accordance with the models set out in Annex E to Directive 91/68/EEC. |
III. EQUIDAE
A. Legislation
Community |
Switzerland |
||||
Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (OJ L 224, 18.8.1990, p. 42), as last amended by Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (OJ L 139, 30.4.2004, p. 320) |
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B. Special rules and procedures for implementation
1. |
For the purposes of Article 3 of Directive 90/426/EEC, information shall be submitted to the Joint Veterinary Committee. |
2. |
For the purposes of Article 6 of Directive 90/426/EEC, information shall be submitted to the Joint Veterinary Committee. |
3. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 10 of Directive 90/426/EEC and Article 57 of the Law on epizootic diseases. |
4. |
Annexes B and C to Directive 90/426/EEC shall apply mutatis mutandis to Switzerland. |
IV. POULTRY AND HATCHING EGGS
A. Legislation
Community |
Switzerland |
||||
Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 303, 31.10.1990, p. 6), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, Annex II: List referred to in Article 20 of the Act of Accession — 6. Agriculture — B. Veterinary and plant health legislation — I. Veterinary legislation (OJ L 236, 23.9.2003, p. 381) |
|
B. Special rules and procedures for implementation
1. |
For the purposes of Article 3 of Directive 90/539/EEC, Switzerland shall submit a plan to the Joint Veterinary Committee setting out the measures it intends to implement for the approval of its establishments. |
2. |
For the purposes of Article 4 of Directive 90/539/EEC, the national reference laboratory for Switzerland shall be the Institut de bactériologie vétérinaire of the University of Berne. |
3. |
The requirement concerning eggs held prior to consignment in the first indent of Article 7(1) of Directive 90/539/EEC shall apply mutatis mutandis to Switzerland. |
4. |
For consignments of hatching eggs to the Community, the Swiss authorities undertake to comply with the rules on marking laid down in Commission Regulation (EEC) No 1868/77 (OJ L 209, 17.8.1977, p. 1). The mark for Switzerland shall be “CH”. |
5. |
The holding requirement specified in Article 9(a) of Directive 90/539/EEC shall apply mutatis mutandis to Switzerland. |
6. |
The holding requirement specified in Article 10(a) of Directive 90/539/EEC shall apply mutatis mutandis to Switzerland. |
7. |
The requirement concerning eggs held prior to consignment in the first indent of Article 11(2) of Directive 90/539/EEC shall apply mutatis mutandis to Switzerland. |
8. |
For the purposes of this Annex, Switzerland is recognised as meeting the requirements of Article 12(2) of Directive 90/539/EEC with regard to Newcastle disease and therefore shall have the status of not vaccinating against Newcastle disease. The Office vétérinaire fédéral shall immediately notify the Commission of any change in the conditions on which recognition of that status is based. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph. |
9. |
The references to the name of the Member State in Article 15 shall apply mutatis mutandis to Switzerland. |
10. |
Poultry and hatching eggs traded between the Member States of the Community and Switzerland shall be accompanied by health certificates in accordance with the models set out in Annex IV to Directive 90/539/EEC. |
11. |
In the case of consignments from Switzerland to Finland or Sweden, the Swiss authorities undertake to supply the guarantees concerning salmonella required under Community legislation. |
V. AQUACULTURE ANIMALS AND PRODUCTS
A. Legislation
Community |
Switzerland |
||||
Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ L 46, 19.2.1991, p. 1), as last amended by Regulation (EC) No 806/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (OJ L 122, 16.5.2003, p. 1) |
|
B. Special rules and procedures for implementation
1. |
The information provided for in Article 4 of Directive 91/67/EEC shall be submitted to the Joint Veterinary Committee. |
2. |
The Joint Veterinary Committee shall decide on any application of Articles 5, 6 and 10 of Directive 91/67/EEC to Switzerland. |
3. |
The Joint Veterinary Committee shall decide on any application of Articles 12 and 13 of Directive 91/67/EEC to Switzerland. |
4. |
For the purposes of Article 15 of Directive 91/67/EEC, the Swiss authorities undertake to implement sampling plans and diagnostic methods in accordance with Community legislation. |
5. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 17 of Directive 91/67/EEC and Article 57 of the Law on epizootic diseases. |
6. |
|
VI. BOVINE EMBRYOS
A. Legislation
Community |
Switzerland |
||||
Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ L 302, 19.10.1989, p. 1), as last amended by Regulation (EC) No 806/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (OJ L 122, 16.5.2003, p. 1) |
|
B. Special rules and procedures for implementation
1. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 15 of Directive 89/556/EEC and Article 57 of the Law on epizootic diseases. |
2. |
|
VII. BOVINE SEMEN
A. Legislation
Community |
Switzerland |
||||
Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species (OJ L 194, 22.7.1988, p. 10), as last amended by Commission Decision 2004/101/EC of 6 January 2004 amending Annex D to Directive 88/407/EEC as regards health certificates applying to intra-Community trade in semen of domestic animals of bovine species (OJ L 30, 4.2.2004, p. 15) |
|
B. Special rules and procedures for implementation
1. |
For the purposes of Article 4(2) of Directive 88/407/EEC, it is noted that in Switzerland all centres keep only animals giving a negative reaction to the serum neutralisation test or the Elisa test. |
2. |
The information provided for in Article 5(2) of Directive 88/407/EEC shall be submitted to the Joint Veterinary Committee. |
3. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 16 of Directive 88/407/EEC and Article 57 of the Law on epizootic diseases. |
4. |
|
VIII. PORCINE SEMEN
A. Legislation
Community |
Switzerland |
||||
Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ L 224, 18.8.1990, p. 62), as last amended by Regulation (EC) No 806/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (OJ L 122, 16.5.2003, p. 1) |
|
B. Special rules and procedures for implementation
1. |
The information provided for in Article 5(2) of Directive 90/429/EEC shall be submitted to the Joint Veterinary Committee. |
2. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 16 of Directive 90/429/EEC and Article 57 of the Law on epizootic diseases. |
3. |
Porcine semen traded between the Member States of the Community and Switzerland shall be accompanied by health certificates in accordance with the models set out in Annex D to Directive 90/429/EEC. |
IX. OTHER SPECIES
A. Legislation
Community |
Switzerland |
||||
Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (OJ L 268, 14.9.1992, p. 54), as last amended by Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (OJ L 139, 30.4.2004, p. 320) |
|
B. Special rules and procedures for implementation
1. |
For the purposes of this Annex, this point shall cover trade in live animals not subject to points I to V inclusive, and in semen, ova and embryos not subject to points VI to VIII inclusive. |
2. |
The Community and Switzerland undertake not to ban or restrict trade in the live animals, semen, ova and embryos as referred to in point 1 for animal-health reasons other than those resulting from the application of this Annex, and in particular any safeguard measures taken pursuant to Article 20 thereof. |
3. |
Ungulates other than as referred to in points I, II and III traded between the Member States of the Community and Switzerland shall be accompanied by health certificates in accordance with the models set out in part 1 of Annex E to Directive 92/65/EEC. |
4. |
Lagomorphs traded between the Member States of the Community and Switzerland shall be accompanied by health certificates in accordance with the models set out in part 1 of Annex E to Directive 92/65/EEC, bearing where necessary the declaration provided for in the second subparagraph of Article 9(2) of Directive 92/65/EEC. That declaration may be adapted by the Swiss authorities to include in full the requirements of Article 9 of Directive 92/65/EEC. |
5. |
The information provided for in the fourth subparagraph of Article 9(2) of Directive 92/65/EEC shall be submitted to the Joint Veterinary Committee. |
6. |
|
7. |
Semen, ova and embryos of the ovine or caprine species traded between the Member States of the Community and Switzerland shall be accompanied by health certificates as provided for by Commission Decision 95/388/EC (OJ L 234, 3.10.1995, p. 30). |
8. |
Semen of the equine species traded between the Member States of the Community and Switzerland shall be accompanied by health certificates as provided for by Commission Decision 95/307/EC (OJ L 185, 4.8.1995, p. 58). |
9. |
Ova and embryos of the equine species traded between the Member States of the Community and Switzerland shall be accompanied by health certificates as provided for by Commission Decision 95/294/EC (OJ L 182, 2.8.1995, p. 27). |
10. |
Ova and embryos of the porcine species traded between the Member States of the Community and Switzerland shall be accompanied by health certificates as provided for by Commission Decision 95/483/EC (OJ L 275, 18.11.1995, p. 30). |
11. |
For the purposes of Article 24 of Directive 92/65/EEC, the information provided for in paragraph 2 of that Article shall be submitted to the Joint Veterinary Committee. |
12. |
For trade between the Community and Switzerland in live animals as referred to in point 1, the certificates provided for in Parts 2 and 3 of Annex E to Directive 92/65/EEC shall apply mutatis mutandis. |
13. |
Animals as referred to in Article 2(b) of Directive 92/65/EEC which have gone through quarantine in an approved centre and are traded between the Community and Switzerland shall be accompanied by health certificates in accordance with the models provided for by Directive 92/65/EEC. |
APPENDIX 3
IMPORTS OF LIVE ANIMALS AND CERTAIN ANIMAL PRODUCTS FROM THIRD COUNTRIES
I. EUROPEAN COMMUNITY — LEGISLATION
A. Bovine, porcine, ovine and caprine animals
Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine, fresh meat or meat products from third countries (OJ L 302, 31.12.1972, p. 28), as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 320).
B. Equidae
Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (OJ L 224, 18.8.1990 p. 42), as last amended by Directive 2004/68/EC.
C. Poultry and hatching eggs
Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 303, 31.10.1990, p. 6), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.
D. Aquaculture animals
Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ L 46, 19.2.1991, p. 1), as last amended by Regulation (EC) No 806/2003.
E. Molluscs
Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs (OJ L 268, 24.9.1991, p. 1), as last amended by Regulation (EC) No 806/2003.
F. Bovine embryos
Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ L 302, 19.10.1989, p. 1), as last amended by Regulation (EC) No 806/2003.
G. Bovine semen
Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ L 194, 22.7.1988, p. 10), as last amended by Commission Decision 2004/101/EC (OJ L 30, 4.2.2004, p. 15).
H. Porcine semen
Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ L 224, 18.8.1990, p. 62), as last amended by Regulation (EC) No 806/2003.
I. Other live animals
Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (OJ L 268, 14.9.1992 p. 54), as last amended by Directive 2004/68/EC.
II. SWITZERLAND — LEGISLATION
Ordonnance of 20 April 1988 on the import, transit and export of animals and animal products (OITE), as last amended on 23 June 2004 (RS 916.443.11).
For the purposes of this Annex, for Switzerland, the Zurich Zoo is accepted as an approved centre in accordance with Annex C to Directive 92/65/EEC.
III. IMPLEMENTING RULES
As a general rule, the Office vétérinaire fédéral shall apply the same rules as those covered by point I of this Appendix. However, the Office vétérinaire fédéral may adopt more restrictive measures and require additional guarantees. In that case, without prejudice to its right to implement those measures immediately, consultations shall be held within the Joint Veterinary Committee to find appropriate solutions. Where the Office vétérinaire fédéral wishes to implement less restrictive measures, it shall inform the competent Commission departments in advance. In such cases, consultations shall be held within the Joint Veterinary Committee to find suitable solutions. Pending such solutions, the Swiss authorities shall refrain from implementing the planned measures.
APPENDIX 4
ZOOTECHNICAL PROVISIONS, INCLUDING THOSE GOVERNING IMPORTS FROM THIRD COUNTRIES
I. EUROPEAN COMMUNITY — LEGISLATION
A. Bovine animals
Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine species (OJ L 206, 12.8.1977, p. 8), as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36)
B. Porcine animals
Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species (OJ L 382, 31.12.1988, p. 36), as last amended by Regulation (EC) No 806/2003
C. Ovine and caprine animals
Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats (OJ L 153, 6.6.1989, p. 30)
D. Equidae
(a) |
Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ L 224, 18.8.1990, p. 55); |
(b) |
Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein (OJ L 224, 18.8.1990, p. 60) |
E. Pure-bred animals
Council Directive 91/174/EEC of 25 March 1991 laying down zootechnical and pedigree requirements for the marketing of pure-bred animals and amending Directives 77/504/EEC and 90/425/EEC (OJ L 85, 5.4.1991, p. 37)
F. Imports from third countries
Council Directive 94/28/EC of 23 June 1994 laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ L 178, 12.7.1994, p. 66)
II. SWITZERLAND — LEGISLATION
Ordonnance of 7 December 1998 on livestock farming, as last amended on 26 November 2003 (RS 916.310)
III. IMPLEMENTING RULES
Without prejudice to the provisions on zootechnical checks in Appendices 5 and 6, the Swiss authorities undertake to ensure that Switzerland applies to its imports the same provisions as those in Directive 94/28/EC.
Where difficulties arise in trade, the matter shall be referred to the Joint Veterinary Committee at the request of either Party.
APPENDIX 5
CHECKS AND FEES
CHAPTER 1
TRADE BETWEEN THE EUROPEAN COMMUNITY AND SWITZERLAND
I. TRACES system
A. Legislation
European Community |
Switzerland |
Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (OJ L 94, 31.3.2004, p. 63) |
Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 23 June 2004 (RS 916.401) |
B. Special rules and procedures for implementation
The Commission, in cooperation with the Office vétérinaire fédéral, shall integrate Switzerland into the TRACES computerised system provided for by Decision 2004/292/EC.
For trade in live animals and their semen, ova and embryos between the European Community and Switzerland, the health certificates shall be those provided for in this Annex and available in the TRACES system, in accordance with Commission Regulation (EC) No 599/2004 of 30 March 2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-Community trade in animals and products of animal origin (OJ L 94, 31.3.2004, p. 44).
If necessary, transitional measures shall be laid down in the Joint Veterinary Committee.
II. Rules for equidae
Checks relating to trade between the European Community and Switzerland shall be carried out in accordance with Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ L 224, 18.8.1990, p. 29), as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).
The Joint Veterinary Committee shall be responsible for implementing Articles 9 and 22.
III. Rules for animals sent for grazing in border areas
1. |
Definitions:
|
2. |
In the event of grazing between the Member States and Switzerland, Commission Decision 2001/672/EC of 20 August 2001 laying down special rules applicable to movements of bovine animals when put out to summer grazing in mountain areas (OJ L 235, 4.9.2001, p. 23), as last amended by Decision 2004/318/EC (OJ L 102, 7.4.2004, p. 71) shall apply mutatis mutandis. However, for the purposes of this Annex, the following adjustments shall apply to Article 1 of Decision 2001/672/EC:
Pursuant to the Ordonnance on epizootic diseases (OFE) of 27 June 1995, as last amended on 23 June 2004 (RS 916.401), and in particular Article 7 thereof (registration) and the Ordonnance of 18 August 1999 on the data base on animal movements, as last amended on 20 November 2002 (RS 916.404), and in particular Article 2 thereof (content of the database), Switzerland is to allocate to each pasturage a specific registration code which must be registered in the national database on bovine animals. |
3. |
In the case of grazing between the Member States and Switzerland, the official veterinarian of the country of dispatch shall:
|
4. |
The official veterinarian of the country of destination shall inspect the animals upon arrival in the country of destination to ensure that they comply with the standards laid down in this Annex. |
5. |
Throughout the duration of the grazing period, the animals shall remain under customs control. |
6. |
The holder of the animals must:
|
7. |
When the animals return at the end of the season or before, the official veterinarian of the country where the grazing ground is located shall:
|
8. |
In the event of outbreaks of disease, the competent veterinary authorities shall take appropriate measures by mutual agreement. Those authorities shall consider how to cover any costs involved. If necessary the matter shall be referred to the Joint Veterinary Committee. |
9. |
As an exception to the rules on grazing in points 1 to 8 above, in the case of daily grazing between the Member States and Switzerland:
|
10. |
As an exception to the rules on fees provided for in point VI(D) of Chapter 3 of Appendix 5, in the case of daily grazing between the Member States and Switzerland, the fees provided for shall be paid only once per calendar year. |
11. |
Model health certificate for bovine animals sent for grazing or daily grazing in border areas and for bovine animals returning from border grazing (at or before the end of the normal grazing period): |
IV. Specific rules
A. |
Where animals for slaughter are bound for the slaughterhouse in Basle, documentary checks only shall be carried out at one of the points of entry into Swiss territory. This rule shall apply only to animals originating in the French department of Haut-Rhin or the German Landkreise Lörrach, Waldshut, Breisgau-Hochschwarzwald and the town of Freiburg im Breisgau. This provision may be extended to other slaughterhouses along the border between the Community and Switzerland. |
B. |
Where animals are bound for the customs enclave of Livigno, documentary checks only shall be carried out at Ponte Gallo. This rule shall apply only to animals originating in the canton of Graubünden. This provision may be extended to other areas under customs control along the border between the Community and Switzerland. |
C. |
Where animals are bound for the canton of Graubünden, documentary checks only shall be carried out at La Drossa. This rule shall apply only to animals originating in the customs enclave of Livigno. This provision may be extended to other areas along the border between the Community and Switzerland. |
D. |
Where live animals are loaded directly or indirectly onto a train at a point in the territory of the Community for unloading at another point in the territory of the Community after transit through Swiss territory, the only requirement shall be to inform the Swiss veterinary authorities beforehand. This rule shall apply only to trains the composition of which does not change in the course of transport. |
V. Rules for animals crossing through Community or Swiss territory
A. |
Where live animals originating in the Community are to cross through Swiss territory, the Swiss authorities shall carry out documentary checks only. In suspicious cases, they may carry out any other inspections required. |
B. |
Where live animals originating in Switzerland are to cross through Community territory, the Community authorities shall carry out documentary checks only. In suspicious cases, they may carry out any other inspections required. The Swiss authorities guarantee that the animals will be accompanied by a certificate of non-refusal issued by the authorities of the third country of first destination. |
VI. General rules
These provisions shall apply to cases not covered by points II to V.
A. |
For live animals originating in the Community or Switzerland and intended for import, the following checks shall be carried out:
|
B. |
For live animals from countries other than those covered by this Annex which have been checked as provided for in Council Directive 91/496/EEC (OJ L 268, 24.9.1991, p. 56), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 381), the following checks shall be carried out:
|
VII. Points of entry — trade between the European Community and Switzerland
A. |
For the Community:
|
B. |
For Switzerland:
|
CHAPTER 2
IMPORTS FROM THIRD COUNTRIES
I. Legislation
Checks on imports from third countries shall be carried out in accordance with Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991, p. 56), as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 381).
II. Implementing rules and procedures
A. |
For the purposes of Article 6 of Directive 91/496/EEC, the border inspection posts shall be: Basle-Mulhouse airport, Ferney-Voltaire/Geneva airport and Zürich airport. The Joint Veterinary Committee shall be responsible for subsequent amendments. |
B. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 19 of Directive 91/496/EEC and Article 57 of the Law on epizootic diseases. |
CHAPTER 3
SPECIAL PROVISIONS
— |
For France, the cases of Ferney-Voltaire/Geneva airport and St. Louis/Basle airport shall be the subject of consultations within the Joint Veterinary Committee. |
— |
For Switzerland, the cases of Geneva-Cointrin airport and Basle-Mulhouse airport shall be the subject of consultations within the Joint Veterinary Committee. |
I. MUTUAL ASSISTANCE
A. Legislation
European Community |
Switzerland |
Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters (OJ L 351, 2.12.1989, p. 34) |
Law on epizootic diseases (LFE) of 1 July 1966, as last amended on 20 June 2003 (RS 916.40), and in particular Article 57 thereof |
B. Special rules and procedures for implementation
The Joint Veterinary Committee shall be responsible for the application of Articles 10, 11 and 16 of Directive 89/608/EEC.
II. IDENTIFICATION OF ANIMALS
A. Legislation
European Community |
Switzerland |
||||
|
|
||||
|
|
B. Special rules and procedures for implementation
1. |
The Joint Veterinary Committee shall be responsible for the application of Article 3(2), the fifth subparagraph of Article 4(1)(a) and Article 4(2) of Directive 92/102/EEC. |
2. |
For movements of swine and ovine and caprine animals within Switzerland, the date to be taken into account for the purposes of Article 5(3) shall be 1 July 1999. |
3. |
In the context of Article 10 of Directive 92/102/EEC, the Joint Veterinary Committee shall be responsible for coordination where any electronic identification systems are set up. |
III. ANIMAL WELFARE
A. Legislation
Community |
Switzerland |
||||
|
|
||||
|
|
B. Special rules and procedures for implementation
1. |
The Swiss authorities undertake to comply with the requirements laid down in Directive 91/628/EEC for trade between Switzerland and the European Community and for imports from third countries. |
2. |
The information provided for in the fourth paragraph of Article 8 of Directive 91/628/EEC shall be submitted to the Joint Veterinary Committee. |
3. |
On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 10 of Directive 91/628/EEC and Article 65 of the Ordonnance of 20 April 1988 on the import, transit and export of animals and animal products (OITE), as last amended on 23 June 2004 (RS 916.443.11). |
4. |
The information provided for in the second subparagraph of Article 18(3) of Directive 91/628/EEC shall be submitted to the Joint Veterinary Committee. |
IV. SEMEN, OVA AND EMBRYOS
Section VI of Chapter 1 and Chapter 2 of this Appendix shall apply mutatis mutandis.
V. FEES
A. |
For checks on live animals from countries other than those covered by this Annex, the Swiss authorities undertake to collect at least the fees provided for in Annex C, Chapter 2, to Council Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1). |
B. |
The fees payable on live animals originating in the Community or Switzerland and intended for import into the Community or Switzerland shall be: EUR 2,5/t with a minimum of EUR 15 and a maximum of EUR 175 being charged per consignment. |
C. |
No fees shall be charged:
|
D. |
The fees payable on animals sent for grazing in border areas shall be: EUR 1/head for the country of dispatch and EUR 1/head for the country of destination, with a minimum of EUR 10 and a maximum of EUR 100 being charged in each case per consignment. |
E. |
For the purposes of this chapter, “consignment” means a number of animals of the same type, covered by the same health certificate or document, carried on the same means of transport, dispatched by the same consignor, coming from the same exporting country or region and bound for the same destination. |
APPENDIX 6
LIVESTOCK PRODUCTS
CHAPTER 1
SECTORS WHERE RECOGNITION OF EQUIVALENCE IS MUTUAL
Products: Milk and products of milk of bovine species intended for human consumption
|
Exports from the Community to Switzerland and exports from Switzerland to the Community |
|||||
Trade conditions |
Equivalence |
Special requirements |
||||
EC standards |
Swiss standards |
|||||
Animal health
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64/432/EEC 92/46/EEC |
Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 23 June 2004 (RS 916.401), and in particular Articles 47, 61, 65, 101, 155, 163, 169, 173, 177, 224 and 295 thereof |
Yes |
Milk and products of milk of bovine species intended for human consumption traded between the Member States of the Community and Switzerland must be accompanied exclusively by the commercial accompanying documents provided for in Chapter II of Directive 92/46/EEC Under Article 10 of Directive 92/46/EEC, Switzerland shall draw up a list of its approved processing establishments and treatment establishments and a list of its approved collection centres and standardisation centres |
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Public health |
92/46/EEC |
Ordonnance of 7 December 1998 on ensuring quality in the dairy sector (Ordonnance on milk quality, OQL) as last amended on 8 March 2002 (RS 916.351.0) Ordonnance of 13 April 1999 on ensuring quality in milk production, as last amended on 20 December 2002 (RS 916.351.021.1) Ordonnance of 13 April 1999 on ensuring quality in industrial milk processing, as last amended on 20 December 2002 (RS 916.351.021.2) Ordonnance of 13 April 1999 on ensuring quality in artisanal processing of milk, as last amended on 20 December 2002 (RS 916.351.021.3) Ordonnance of 13 April 1999 on ensuring quality during maturing and pre-packaging of cheese, as last amended on 20 December 2002 (RS 916.351.021.4) |
Yes |
Products: Animal by-products not for human consumption, including milk and products of milk of bovine species not for human consumption
Exports from the European Community to Switzerland and exports from Switzerland to the European Community |
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Trade conditions |
Equivalence |
Special requirements |
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EC standards |
Swiss standards |
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Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (OJ L 273, 10.10.2002, p. 1), as last amended by Commission Regulation (EC) No 780/2004 of 26 April 2004 on transitional measures pursuant to Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the import and transit of certain products from certain third countries (OJ L 123, 27.4.2004, p. 64). |
Ordonnance of 1 March 1995 on meat hygiene (OHyV), as last amended on 23 June 2004 (RS 817.190). Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 23 June 2004 (RS 916.401) Ordonnance of 20 April 1988 on the import, transit and export of animals and animal products (OITE), as last amended on 23 June 2004 (RS 916.443.11), and in particular Articles 51, 64a and 77 (approval as export enterprises, import and export conditions for animal by-products) thereof Ordonnance of 23 June 2004 on the elimination of animal by-products (OESPA) (RS 916.441.22) |
Yes |
Switzerland shall apply to its imports the same provisions as those in Annexes VII, VIII, X (certificates) and XI (countries), in accordance with Article 29 of Regulation (EC) No 1774/2002 Trade in category 1 and 2 materials shall be prohibited, except for certain technical uses provided for in Regulation (EC) No 1774/2002 (transitional measures introduced by Commission Regulation (EC) No 878/2004 (OJ L 162, 30.4.2004, p. 62)) Category 3 materials traded between the Member States of the Community and Switzerland must be accompanied by the commercial documents and health certificates provided for in Chapter III of Annex II, in accordance with Articles 7 and 8 of Regulation (EC) No 1774/2002 In accordance with Chapter III of Regulation (EC) No 1774/2002, Switzerland shall draw up a list of its corresponding establishments |
CHAPTER II
SECTORS OTHER THAN THOSE COVERED BY CHAPTER I
I. Exports from the Community to Switzerland
Exports from the Community to Switzerland shall be subject to the same conditions as intra-Community trade. However, in all cases, a certificate attesting compliance with those conditions shall be issued by the competent authorities to accompany consignments.
If necessary, models for certificates shall be discussed in the Joint Veterinary Committee.
II. Exports from Switzerland to the Community
Exports from Switzerland to the Community shall be subject to the relevant conditions laid down in the Community rules. Models for certificates shall be discussed in the Joint Veterinary Committee.
Pending a decision on these models, the present requirements for certificates shall apply.
CHAPTER III
TRANSFER OF A SECTOR FROM CHAPTER II TO CHAPTER I
As soon as Switzerland adopts any legislation it regards as equivalent to Community legislation, the matter shall be brought before the Joint Veterinary Committee. Chapter I of this Appendix shall be adjusted as soon as possible to reflect the outcome of the Committee's deliberations.
APPENDIX 11
CONTACT POINTS
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For the European Community: The Director Food Safety: plant health, animal health and welfare, international questions Directorate-General for Health and Consumer Protection (DG SANCO) European Commission Rue Froissart 101 B-1049 Brussels Other important contacts: The Director Food and Veterinary Office Grange Ireland Head of Unit International food, veterinary and phytosanitary questions Directorate-General for Health and Consumer Protection (DG SANCO) European Commission Rue Froissart 101 B-1049 Brussels |
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For Switzerland: Office vétérinaire fédéral CH-3003 Berne Tel. (41-31) 323 85 01/02 Fax (41-31) 324 82 56 Other important contacts : Office fédéral de la santé publique Unité principale ‘Sûreté alimentaire’ CH-3003 Berne Tel. (41-31) 322 95 55 Fax (41-31) 322 95 74 Centrale du Service d'inspection et de consultation en matière d'économie laitière Schwarzenburgstraße 161 CH-3097 Liebefeld-Berne Tel. (41-31) 323 81 03 Fax (41-31) 323 82 27 |