WT/REG351/1  
18 June 2015  
(15-3153)  Page: 1/49  
Committee on Regional Trade Agreements   
 
 FACTUAL PRESENTATION 
FREE TRADE AGREEMENT BETWEEN  SWITZERLAND AND CHINA 
(GOODS AND SERVICES) 
Report by the Secretariat 
This report, prepared for the considerat ion of the Free Trade Agreement between 
Switzerland and China has been drawn up by the WTO Secretariat on its own 
responsibility and in full consultation with the Parties. The factual presentation 
reproduces as closely as possible the terminology used in the Agreement and in the comments provided and does not imply offi cial endorsement or acceptance by the 
Secretariat of such terminology. The report has been drawn up in accordance with the 
rules and procedures contained in the Decision for a Transparency Mechanism for 
Regional Trade Agreements (WT/L/671) and thus does not imply any value judgement by the Secretariat regarding the contents of the Agreement. 
Any technical questions arising from this report may be addressed to Mr Jean-Daniel 
Rey (tel: +41 22 739 5264). Any statistical questions arising from this report may be addressed to Ms Rowena Cabos (+41 22 739 5185). WT/REG351/1 
 
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  TABLE OF CONTENTS 
 
Page 
1   TRADE ENVIRONMENT ................................................................................................. 4  
1.1   Merchand ise trade ..................................................................................................... 4  
1.2   Trade in servic es and inve stment ................................................................................. 6  
2   CHARACTERISTIC ELEMEN TS OF THE AG REEMENT ...................................................... 9  
2.1   Background  Information ............................................................................................. 9  
2.2   Structure of the Agreement ........................................................................................ 10 
3   PROVISIONS ON TRADE IN GOODS ........................................................................... 11  
3.1   Import duties and charges,  and quantitative  restrict ions ................................................ 11 
3.1.1   Genera l provisions ................................................................................................. 11 
3.1.2   Liberalization of  trade and ta riff lines ........................................................................ 11 
3.1.3   Liberaliza tion schedules .......................................................................................... 11 
3.1.3.1   Sw itzerland ........................................................................................................ 11 
3.1.3.2   China ............................................................................................................... . 13 
3.1.4   Tariff rate quotas ................................................................................................... 15 
3.2   Rules of origin .......................................................................................................... 15 
3.3   Export duties and charges,  and quantitative  restrictions ................................................. 16 
3.4   Regulatory provisions on trade in goods ....................................................................... 17 
3.4.1   Standards ............................................................................................................. 17 
3.4.1.1   Sanitary and phytosanitary measures (SPS) ............................................................ 17 
3.4.1.2   Technical ba rriers to tr ade (TBT) ........................................................................... 17 
3.4.2   Bilateral safeguards ............................................................................................... 18 
3.4.3   Safeguard measures related to balance of payment (B OP) difficulties ............................ 18 
3.4.4   Anti-dumping and countervailing measures ............................................................... 18 
3.4.5   Subsidie s and State-aid .......................................................................................... 19 
3.4.6   Customs-re lated procedures .................................................................................... 19 
3.4.7   Other regulations ................................................................................................... 19 
3.4.7.1   State Tr ading Ente rprises ..................................................................................... 19 
4   PROVISIONS ON TRADE IN SERVICES ....................................................................... 20  
4.1   Scope and definitions ................................................................................................ 20 
4.2   Denial of benefits ..................................................................................................... 20 
4.3   General provisions on trade in services ........................................................................ 20 
4.3.1   National treatment and MFN .................................................................................... 20 
4.3.2   Mark et acce ss ....................................................................................................... 20 
4.3.3   Commercial presence ............................................................................................. 21 
4.3.4   Performanc e requirements ...................................................................................... 21 
4.3.5   Senior Managers and Boards of  Direct ors .................................................................. 21 
4.3.6   Movement of  natural persons .................................................................................. 21 
4.4   Liberalization commitments ........................................................................................ 21 WT/REG351/1 
 
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  4.4.1   Switzerland ........................................................................................................... 22 
4.4.1.1   Sector sp ecific commitments ................................................................................ 22 
4.4.2   China ................................................................................................................. .. 25 
4.4.2.1   Sector sp ecific commitments ................................................................................ 25 
4.5   Regulatory provisions ................................................................................................ 28 
4.5.1   Domestic regulation ............................................................................................... 29 
4.5.2   Recognition ........................................................................................................... 29 
4.5.3   Subsidies .............................................................................................................. 29 
4.5.4   Restrictions to safeguard the balance of payments ...................................................... 29 
4.5.5   Transfers and payments  for current tr ansactio ns ........................................................ 29 
4.6   Sector specific provis ions on trade in services ............................................................... 29 
4.6.1   Financial services ................................................................................................... 29 
4.6.2   Traditional Chinese medicine ................................................................................... 30 
5   GENERAL PROVISIONS  OF THE AGREEMENT ............................................................. 30  
5.1   Tran sparency ........................................................................................................... 30 
5.2   Current payments and capital movements .................................................................... 30 
5.3   Exceptions ............................................................................................................... 30 
5.3.1   Genera l exceptions ................................................................................................ 30 
5.3.2   Security exceptions ................................................................................................ 31 
5.4   Accession and Withdrawal .......................................................................................... 31 
5.5   Government  procurement .......................................................................................... 31 
5.6   Intellectual property rights ......................................................................................... 31 
5.7   Disput e settlement ................................................................................................... 33 
5.8   Institutio nal framework ............................................................................................. 34 
5.9   Relationship with other agr eements concluded by the Parties .......................................... 35 
5.10   Ot hers ................................................................................................................. . 36 
5.10.1   In vestment ......................................................................................................... 36 
5.10.2   Trade and environment ......................................................................................... 36 
5.10.3   Competition policy ............................................................................................... 37 
5.10.4   Economic and technical cooperation ........................................................................ 37 
5.10.5   Labour and employment ....................................................................................... 38 
ANNEX 1 ....................................................................................................................... . 39 
ANNEX 2 ....................................................................................................................... . 44 
 WT/REG351/1 
 
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Key Facts 
 
Parties to the Agreement:  Switzerland and China 
 
Date of Signature:   6 July 2013 
 
Date of Entry into Force: 1 July 2014 
 
Date of Notification:   30 June 2014 
 
Full implementation:  Goods :   1 July 2028  
     Services :   1 July 2014  
1  TRADE ENVIRONMENT1 
1.1.  The Free Trade Agreement between Sw itzerland and China is Switzerland's 27th2 and China's 
12th regional trade agreement (RTA).3 
1.2.  In 2013, with a population of 8 million, Switzerland's GDP was estimated at US$650 billion, 
while that of China, with a population of 1,357 million, was estimated at US$9,240 billion. Both 
Parties mainly traded in manufactured products (representing 88% of Switzerland's exports and 81% of imports and 94% of China's exports and 58 % of its imports). Averaged over the period 
2011-2013, the Parties' trade (goods and services) to GDP ratio was 92.6 for Switzerland and 
51.9 for China. 
1.1  Merchandise trade 1.3.  In 2013, Switzerland's shares in total world exports and imports were 1.22% and 1.06% 
respectively, while those for China were 11.74% for exports and 10.32% for imports. With total 
merchandise exports of US$229 billion and imports of US$201 billion, Switzerland was the 17
th largest global exporter and 19th largest importer, while China ranked 2nd largest exporter and 
3rd largest importer (with exports of US$2,209 billion and imports of US$1,949 billion). 
1.4.  In 2013, Switzerland was China's 8th largest source of imports4, and China's 45thlargest 
destination for exports.5 China was Switzerland's 2nd largest source of imports and 3rd destination 
for exports. 
1.5.  Developments in global and intra-Party tr ade are presented in Chart 1.1 over the period 
2000-2013. UNSD Comtrade data, as reported by each Party, diverge during part of the period.6 
                                               
1 Source for this section: WTO Trade Profiles September 2014 (2013 data) and, for bilateral trade, 
UNSD Comtrade (2013 data). Export figures are calculated f.o.b. and import figures are calculated c.i.f. Ranking in world trade excluding intra-EU trade. 
2 Including 23 RTAs concluded in the context of the European Free Trade Association (EFTA) and one 
RTA concluded with Liechtenstein and establishing a customs union for trade in goods. 
3 Agreements in goods and services counted as one an d only agreements in forc e, notified to the WTO. 
4 In 2013, not counting China's re-imports. the five top sources of imports for China were: the EU(28) 
(11.3%); Korea (9.4%); Japan (8.3%); Chinese Taipei (8%); and the US (7.9%). The five top sources of imports for Switzerland were: the EU(28) (72.7%); China (6.1%); the US (6.1%); Japan (1.9%); and Hong Kong, China (1%). 
5 In 2013, the five top destinations for China's exports were: Hong Kong, China (17.4%); the US 
(16.7%); the EU(28) (15.4%); Japan (6.8%); and Korea (4.1%). The five top destinations for Switzerland's exports were: the EU(28) (54.8%); the US (11.7%); China (4.1%); Hong Kong, China (3.9%); and Japan (2.9%). 
6 The possible reasons for data discrepancies may be, inter alia : (i) the export price of China calculated 
FOB while Switzerland more generally us es CIF for the calculation of import prices; (ii) China's entrepot trade 
via Hong Kong, China being calculated as China's export by Switzerland; (iii) the different dates of statistics 
being used by the two Parties; (iv) differences in currency exchange rates being used; (v) the use by 
Switzerland of the concept of special trade, when compiling foreign trade statistics, while China by contrast uses the concept of general trade, including the special trade plus transit flows and duty-free warehouse flows; WT/REG351/1 
 
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  Data on bilateral trade with China, as reported by Switzerland to UNSD Comtrade, show a change 
from a trade surplus situation until 2011 to a trade deficit after that date. Data reported by China 
show a steady trade deficit for China. Both Switzerland's and China's trade balance show a global surplus for the entire period.  
Chart 1.1 Switzerland and China: bilatera l and total merchandise trade (2001-2013) 
01020304050607080
05001,0001,5002,0002,500
2001 2003 2005 2007 2009 2011 2013B. China 2001-2013
(US$ billions)
Imports from Switzerland (Right Axis)
Exports to Switzerland (Right Axis)
Total Imports
Total Exports
01020304050607080
050100150200250
2001 2003 2005 2007 2009 2011 2013A. Switzerland 2001-2013 
(US$ billions)
Imports from China (Right Axis)
Exports to China (Right Axis)
Total Imports
Total Exports
Source: UNSD Comtrade database.  
1.6.  The commodity structure of trade between Switzerland and China, and between each Party 
and the world, during the period 2011-2013, is shown in Chart 1.2, on the basis of Harmonized 
System (HS) Sections.  
1.7.  With regard to bilateral trade relations between China and Switzerland, machinery, optical 
instruments, and chemicals together ranked as the top three Chinese imports, accounting for 
25.2% of China's imports from Switzerland. These three product categories accounted for 70.5% 
of Switzerland's global exports. Besides other pr oducts classified mainly under HS Chapter 98, 
where most of imports from Switzerland are classified7, machinery, optical instruments, and 
chemicals (second, third, and fourth largest Chines e imports from Switzerland) also ranked in the 
top five Chinese global imports, accounting together for 43.8% of Chinese global imports. Machinery and textiles were Switzerland's largest imports from China, accounting together for 
more than half of the total imports from its partner (55.4%). These two sectors also correspond to 
China's two largest export sectors (54% of China's global exports), while machinery was Switzerland's second largest global import (17.2%) after chemical products (20.2%); textiles imports representing only 3.8% of Switzerland's global imports. 
                                                                                                                                               
(vi) references to the country of origin as opposed to the country of production in the compilation of foreign 
trade statistics; (vii) possible time-lags in relation to the transportation of goods. 
7 According to China's data subm ission, these products are mainly classified under HS tariff line 
98010010, and correspond to, inter alia , unclassified goods essentially consisting of re-imports as well as good 
with a value inferior to 2000 RMB and not subject to tariff and licensing. WT/REG351/1 
 
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  Chart 1.2 Switzerland and China: Product Composition of merchandise trade, annual 
average (2011-2013) 
42
14108754326Switzerland imports from China (%)
20
17
9
99754433226Switzerland's Global Imports (%)
42
1276554432226China's Global Exports (%)
11
9
5
2
73China's imports from Switzerland (%)
31
25766553211China's Global Imports(%)
36
17178433326Switzerland's Global Exports(%)Total: US$ 10 billion Total: US$ 202 billion
Total: US$ 1,837 billionTotal: US$ 230 billionTotal:  US$ 2,052 billion
Total: US$ 35 billion
 
Source: UNSD Comtrade. 
 
1.2  Trade in services and investment 
1.8.  In 2012, Switzerland's shares of total co mmercial services exports and imports were 1.23% 
and 1.06% respectively, while China's shares were 4.35% and 6.73% of world exports and imports of services respectively. With total co mmercial services exports of US$89 billion, and 
imports of US$47 billion, Switzerland was the 9
th world's largest exporter and 16th largest importer 
of commercial services. China was the 3rd largest exporter (US$190 billion) and importer 
(US$280 billion). 
1.9.  Charts 1.3 and 1.4 below show trade in commercial services for China and for Switzerland, 
both bilaterally and globally. While China experienced a deficit in its global trade in services, the balance for Switzerland is positive. For the Parties, trade in services has grown during the period with however a temporary setback in relation to the 2008-2009 financial crises. Travel and 
business services account for a large share of services traded by the Parties. WT/REG351/1 
 
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  Chart 1.3 Switzerland: Trade in comme rcial services with world, 2001-2013  
020406080100
2001 2003 2005 2007 2009 2011 2013A. Switzerland's imports from world
(US$ Billion)
020406080100
2001 2003 2005 2007 2009 2011 2013B. Switzerland's exports to world
(US$ Billion)
 
Note: No trade in Construction and Computer and information services (2001-2013) and Royalties and 
licence fees (2013).  
Source: WTO Statistics database. 
Chart 1.4 China: Trade in commercial services with Switzerland and world  
 
Note:  "Other business services" consists of Consulting; Advertising, media and other business services. 
Royalties and licence fees consists of Film, audiovisual. 
Source: WTO Statistics database and Chinese authorities (2011-2013). WT/REG351/1 
 
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  1.10.  Charts 1.5-1.6 below depict each Party's foreign direct investment stocks and flows 
bilaterally and with the world which has grown steadily during the period 2001-2013. While Switzerland is a net investor in the world, China was a net recipient of FDI both globally and with 
Switzerland. 
Chart 1.5 Switzerland: FDI stock and flow with China and world, 2001-2013  
024681012141618
2002 2004 2006 2008 2010 2012A. Switzerland FDI stock with China, 
2002-2012
(US$ Billion) 
Outward
 Inward
-101234567
2002 2004 2006 2008 2010 2012B. Switzerland FDI flow with China,
2002-2012
(US$ Billion) 
Outward
 Inward
02004006008001,0001,2001,400
2001 2003 2005 2007 2009 2011 2013C. Switzerland FDI stock with world
(US$ Billion) 
Outward
 Inward
-101030507090110
2001 2003 2005 2007 2009 2011 2013D. Switzerland FDI flow with world
(US$ Billion) 
Outward
 Inward
 
Note: No inward FDI stock and flow with China.  
Source: Switzerland author ities, OECD and UNCTAD. WT/REG351/1 
 
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  Chart 1.6 China: FDI stock and flow with Switzerland and world  
0.01.02.03.04.05.06.0
2011 2012 2013A. China FDI stock with Switzerland, 
2011-2013
(US$ Billion) 
Outward
 Inward
0.00.51.01.52.0
2011 2012 2013B. China FDI flow with Switzerland,
2011-2013
(US$ Billion) 
Outward
 Inward
02004006008001,0001,2001,4001,600
2001 2003 2005 2007 2009 2011 2013C. China FDI stock with world
(US$ Billion) 
Outward
 Inward
020406080100120140
2001 2003 2005 2007 2009 2011 2013D. China FDI flow with world
(US$ Billion) 
Outward
 Inward
 
Source: UNCTAD and Chinese authorities (2011-2013). 
2  CHARACTERISTIC ELEMENTS OF THE AGREEMENT 
2.1  Background Information 2.1.  The Agreement was signed on 6 July 2013 and entered into force on 1 July 2014. The Parties 
notified the goods and services aspects of th e Agreement to the WTO on 30 June 2014 in 
document WT/REG351/N/1 - S/C/N/742. The notification was made pursuant to Article XXIV:7(a) of GATT 1994 for goods, and to Article V:7(a) of GATS for services. The text of the Agreement, 
together with its annexes, is available on the Parties' official websites: 
Switzerland : 
http://www.seco.admin.ch/themen/00513/ 00515/01330/05115/in dex.html?lang=en  
 
China : 
http://fta.mofcom.gov.cn/topic/enswiss.html%20  
 
2.2.  According to Article 1.1, the Agreement establishes a free trade area based on Article XXIV of 
the GATT 1994 and Article V of the GATS. 
2.3.  As Switzerland and Liechtenstein are bound  by the Customs Union Treaty of 29 March 1923, 
the Agreement also applies to Liechtenstein for matters covered by the Customs Union Treaty. 
This means, that while the trade in goods part of  the Agreement applies also to Liechtenstein, the 
services part does not. 
 WT/REG351/1 
 
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  2.2  Structure of the Agreement 
2.4.   The Agreement is composed of 16 Chapters. It includes 11 annexes related to specific 
provisions of the Agreement, including the Parties' tariff elimination schedules, lists of specific commitments and MFN exemptions. Box 2.1 below summarizes the structure of the Agreement. A 
bilateral agreement on labour and employment issues was also signed in connection with the 
negotiation of the Agreement and entered into force on 9 June 2014. A number of other side agreements and a work programme were signed together with the Agreement, some of which 
were applied on a provisional basis, until the entry into force of the Agreement.  
Box 2.1 Structure of the Agreement 
Chapters, Annexes, 
and Appendixes Title/description 
Preamble  
Chapter 1 General provisions 
Chapter 2 Trade in Goods 
Chapter 3 Rules of origin and implementation procedures 
Chapter 4 Customs procedures and trade facilitation 
Chapter 5 Trade Remedies 
Chapter 6 Technical barriers to trade 
Chapter 7 Sanitary and Phytosanitary measures 
Chapter 8 Trade in services 
Chapter 9 Investment promotion 
Chapter 10 Competition 
Chapter 11 Protection of intellectual property rights 
Chapter 12 Environmental issues 
Chapter 13 Economic and technical cooperation 
Chapter 14 Institutional provisions 
Chapter 15 Dispute settlement 
Chapter 16 Final provisions 
  
Annex I Tariff schedules 
Annex II Product-specific rules (Rules of origin) 
Annex III Certificates of origin (Rules of origin) 
Annex IV Origin declaration (Rules of origin) 
Annex V Labelling of textiles 
Annex VI Trade in services  
Annex VII Schedules of specific commitm ents (Trade in services) 
Annex VIII Lists of MFN exemptions (Trade in services) 
Annex IX List of protectable genera/spe cies (Intellectual property) 
Annex X Rules of procedure of arbitration panel (Dispute settlement) 
Annex XI Reimbursement of traditional Chinese medicine under the health system 
  
Side agreements - Agreement on labour and employment cooperation 
 - Agreement on cooperation in the area of TBT and SPS WT/REG351/1 
 
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  Chapters, Annexes, 
and Appendixes Title/description 
 - Agreement on cooperation in the area of SPS measures 
 - Agreement on cooperation in the area of certification and accreditation 
 - Agreement on cooperation in the area of telecommunication equipment, 
electromagnetic compatibility  and electrical equipment 
 - Agreement on mutual recognition of test results of measuring instruments 
Other documents   
 - Work programme for economic  and technical cooperation 
Source: WTO Secretariat based on the Agreement. 
3  PROVISIONS ON TRADE IN GOODS 
3.1.  Chapter 2 of the Agreement contains disciplines applicable specifically to trade in goods. This 
Chapter also applies to products traded between Liechtenstein and China as a consequence of the 
Customs Union Treaty of 1923 between Switzerland and Liechtenstein, and as long as the latter 
remains in force. 
3.1  Import duties and charges,  and quantitative restrictions 
3.1.1  General provisions 
3.2.  The Parties agree to apply national treatment to each other's imports in accordance with 
Article III of GATT 1994 and its interpretative notes,  which are incorporated into and made part of 
the Agreement, mutatis mutandis (Article 2.2). 
3.3.  With respect to import restrictions, Article XI of GATT 1994 shall apply and is incorporated 
into and made part of the Agreement mutatis mutandis (Article 2.5). 
3.1.2  Liberalization of trade and tariff lines 
3.4.  The Parties' tariff elimination or reduction commitments are scheduled in Annex I to the 
Agreement. Neither Party shall increase a custom s duty or adopt any new customs duty on an 
originating product of the other Party, as set out in its Schedule contained in Annex I (Article 2.3). 
The base rate defined in connection with the elimination or reduction programme is the MFN 
import custom duty rate applied on 1 January 2010 (Article 2.4). 
3.5.  Starting in 2016, the Parties shall review Chapter 2 (trade in goods) and the Tariff Schedules 
of the Parties set out in Annex I. The Parties shal l thereafter conduct biennial reviews in the Joint 
Committee (Article 2.8). 
3.1.3  Liberalization schedules 
3.6.  Annex I to the Agreement (Tariff elimination schedules) is divided in two parts (Appendix 1, 
containing China's schedule, and Appendix 2, containing Switzerland's schedule).  
3.1.3.1  Switzerland 3.7.  Switzerland's applied tariff in 2014 consisted of 8,299 lines at the HS eight-digit level 
(HS 2012). 80.43% of the tariffs were non-ad valorem (specific duties) and 1,624 lines only were 
ad valorem . As the Swiss tariff comprises essentially specific duties, the WTO Secretariat has 
calculated ad valorem  equivalents (AVEs) as the ratio of specific duties to import unit values, WT/REG351/1 
 
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  which in turn are estimated by the ratio of import  values to import quantities/volumes in 2014 (at 
the HS eight-digit level).8  
3.8.  Table 3.1 shows tariff elimination commitmen ts by Switzerland under the Agreement. Before 
the entry into force of the Agreement, 1,660 lines were duty free, representing 20% of 
Switzerland's total tariff, corresponding to 35.4% of Switzerland's total imports from China during 
2011-2013. Following the entry into force of the Agreement, an additional 5,491 lines (66.2% of 
Switzerland's tariff) became duty-free for imports from China. As a result, 86.2% of Switzerland's 
tariff was duty free for imports from China, corr esponding to 99.8% of imports by value from 
China. 1,148 tariff lines (corresponding to 13.8% of  Switzerland's tariff) will remain dutiable once 
the Agreement is implemented, representing 0.2% of Switzerland's imports from China in 2011-13.  
Table 3.1 Switzerland: Tariff eliminatio n commitments under the Agreement and 
corresponding average trade  
Duty phase-out 
period Number 
of lines % of total lines 
in Switzerland's 
tariff schedule Value of Switzerland's 
imports from China 
(2011-2013) 
in million US$ % of Switzerland's 
total imports from  
China 
2011-2013 
MFN duty free (2014)  1,660 20.0 3,605.0 35.4 
2014 5,491 66.2 6,561.3 64.4 
Remain dutiable 1,148 13.8 21.6 0.2 
Total 8,299 100.0 10,187.8 100.0 
Note: Tariff lines subject to in-quota rates at th e MFN level are excluded in the computation.  
Based on the HS 2012 nomenclature. 
Source:  WTO estimates based on data from the Swiss authorities and WTO-IDB database. 
3.9.  Table 3.2 shows Switzerland's tariff elimination, by HS section with regard to China. The 
1,148 lines that remain subject to duties as  the tariff eliminatio n programme was fully 
implemented by Switzerland upon entry into force of the Agreement, are found in sections I (live 
animals); II (vegetable products), III (animal or vegetable fats and oils), IV (prepared food) and 
VI (chemicals) with final average tariffs at between 19.6% and 111.4%, with differences between 
the MFN rate and the preferential rate in HS Chapters 2 through 8, 11, 12, 15, and 18 through 24, as illustrated by Chart 3.1 below.
9 The highest average tariffs on dutiable lines are found in 
HS 2 (155.2%), 7 (129.4%) and 4 (77.2%).  
Table 3.2 Switzerland: Tariff eliminatio n under the Agreement, by HS Section  
HS 
Section MFN 
average%  No. of 
lines MFN 
2014 Number of duty-free 
lines under the 
Agreement Remain 
dutiable Avg. Final Tariff 
(Dutiable) 
2014 
I 44.4 450 188 78 184 111.4 
II 22.2 1,045 238 343 464 52.7 
III 29.3 197 71 6 120 49.1 
IV 16.5 618 115 137 366 19.6 
V 0.6 183 122 61   
VI 1.2 1,012 420 578 14 29.3 
VII 2.2 241 30 211   
VIII 1.3 74 15 59   
IX 2.7 131 15 116   
X 6.5 178 24 154   
XI 5.8 1,090 34 1,056   
XII 3.1 60  60   
XIII 3.2 159 3 156   
XIV 0.6 61 18 43   
XV 1.8 906 42 864   
XVI 0.8 1,236 207 1,029   
XVII 1.8 195 18 177   
XVIII 0.6 251 57 194   
                                               
8 This was the methodology used for instance in the most recent Trade Policy Review of Switzerland and 
Liechtenstein (WT/TPR/S/280/Rev.1, 2013). 
9 Only the out-of-quota duty is included in the tariff-related calculations. WT/REG351/1 
 
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  HS 
Section MFN 
average%  No. of 
lines MFN 
2014 Number of duty-free 
lines under the 
Agreement Remain 
dutiable Avg. Final Tariff 
(Dutiable) 
2014 
XIX 0.9 26  26   
XX 2.1 176 34 142   
XXI 0.1 10 9 1   
Total 8.4 8,299 1,660 5,491 1,148 49.8 
Note: The majority of Switzerland's tariff is subject to specific duties for which ad valorem  equivalents 
were estimated by the Secretariat. Tariff lines subject to in-quota rates at the MFN level are excluded in the computation. AVEs are calculated as the ratio of specific duties to import unit values, estimated by the ratio of import values to import quantities/volumes in 2013 ( at the HS 8-digit level). If no import data were available in 2013, 2012 data were used.   
Based on the HS 2012 nomenclature. 
Source:  WTO estimates based on data from th e Swiss authorities an d WTO-IDB database.  
Chart 3.1 Switzerland: Average of dutiable rates, by HS Chapter  
020406080100120140160
1 2 4 5 6 7 8 1 01 11 21 51 61 71 81 92 02 12 22 32 43 53 8Rate of duty (%)
HS Chapter
MFN Preferential 
Note: The majority of Switzerland's tariff is subject to specific duties for which ad valorem  equivalents 
were estimated by the Secretariat. Tariff lines subject to in-quota rates at the MFN level are excluded in the computation. 
 Based on the HS 2012 nomenclature. 
Source: WTO estimates based on data from th e Swiss authorities an d WTO-IDB database. 
3.1.3.2  China 
3.10.  Table 3.3 shows tariff elimination commitments by China under the Agreement. China's 
applied tariff in 2014 consisted of 8,278 lines at the HS eight-digit level (HS 2012), including HS tariff line 98010010 (according to China's data submission), where most of imports from 
Switzerland are classified.
10 99.52% of the tariffs were ad valorem  and 40 lines had 
non-ad valorem  tariffs (specific and other duties). In 2014, 700 lines were duty free, representing 
8.5% of China's total tariff, corresponding to 77.3% of its imports from Switzerland during 2011-2013.
11 Following the entry into force of the Agr eement, an additional 1,193 lines (14.4% of 
China's tariff) became duty-free, resulting in 22. 9% of China's tariff with duty free treatment, 
corresponding to 77.9% of its imports from Switzerl and. Ten years after the entry into force of the 
                                               
10 The Secretariat normally only covers HS Chapters 1-97 in its calculation. 
11 Article 2.4 of the China-Switzerland Free Trade Agreement stipulates that "the base rate of customs 
duty to which the successive reductions  are to be applied shall be the MFN import customs duty rate applied on 
January 2010". The Parties clarified that, accordingly, and in line with the consensus between the Parties, the 
negotiation on tariff elimination commitments was based on the nomenclature and trade volume of 2010. As a 
consequence, the calculation by the Parties of the av erage trade corresponding to their tariff elimination 
commitments may differ from those reprod uced in Table 3.3, which used bilateral trade volume for the years 
2011-2013. WT/REG351/1 
 
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  Agreement (in 2024), 7,598 tariff lines, or 88.7% of its imports from Switzerland will be duty free. 
By the end of the implementation period (2028), 7,634 tariff lines, or 89.4% of its imports from 
Switzerland will be duty free. 644 tariff lines (corre sponding to 7.8% of China's tariff) will remain 
dutiable, representing 10.6% of China's imports from Switzerland in 2011-13.  
Table 3.3: China 
Tariff elimination commitments under the Ag reement and corresponding average trade 
Duty phase-out 
period Number 
of lines % of total lines 
in China's tariff 
schedule Value of China's 
imports from 
Switzerland 
(2011-2013) 
in million US$ % of China's total 
imports from  
Switzerland 
2011-2013 
MFN duty free (2014) 700 8.5 27,316.7 77.3 
2014 1,193 14.4 216.0 0.6 
2018 3,209 38.8 833.0 2.4 
2023 2,496 30.2 2,999.5 8.5 
2025 24 0.3 59.4 0.2 
2028 12 0.1 172.8 0.5 
Remain dutiable 644 7.8 3,747.5 10.6 
Total 8,278 100.0 35,345.0 100.0 
Note: Includes HS tariff line 98010010, a ccording to China's nomenclature.  
Source:  WTO estimates based on data from the Chinese authorities. 
 
3.11.  Table 3.4 shows China's tariff elimination, by HS section. The 644 lines that will remain subject to duties once implementation is completed are found in all sections except sections V and 
XXI, with final average tariffs at between 4.7% and 44.7%, with differences between the MFN rate 
and the preferential rate in HS Chapters 4, 8, 9, 15, 17, 20, 28 through 30, 32, 37, 39, 42, 44, 49, 52, 58, 61 through 63, 67, 68, 70, 71, 73, 75, 76, 82, 84, 85, 87, 90 through 93, and 96, as illustrated by Chart 3.2 below. The highest average tariffs for lines remaining dutiable are found in 
HS 10 (62.2%), 31 (50%), 11 (48.2%), and 22 (44.3%).  
Table 3.4 China: Tariff elimination under the Agreement, by HS Section 
 
HS Section MFN 
averag
e% No. 
of 
lines MFN 
2014 Number of duty-free lines under the 
Agreement Remain 
dutiable Avg. Final 
Tariff 
(Dutiable) 2014 2018 2023 2025 2028 
I 11.6 488 63 8 137 251 1  28 13.5 
II 14.3 511 54 42 111 262   42 44.5 
III 13.0 56  1 15 17   23 10.7 
IV 17.7 306 1 59 44 143 6  53 31.8 
V 3.8 201 37 116 45 3     
VI 6.8 1,286 9 180 893 134 1  69 10.4 
VII 9.4 272 1 9 179 65 1  17 11.7 
VIII 12.3 106  14 33 57   2 5.6 
IX 4.4 208 76 56 56 5   15 10.4 
X 5.3 161 35  16 2   108 6.5 
XI 11.4 1,141  210 421 494   16 28.1 
XII 17.9 71   16 52   3 10.0 
XIII 13.5 197 1 8 51 132   5 12.4 
XIV 10.5 90 32 9 19 19 2  9 25.0 
XV 7.3 770 4 241 350 165 4  6 4.7 
XVI 8.3 1,511 284 146 584 362 8 9 118 12.4 
XVII 13.1 351 1 58 149 57  2 84 25.8 
XVIII 9.9 334 34 35 81 140 1 1 42 7.5 
XIX 13.0 21    19   2 9.1 
XX 11.5 186 65 1 8 110   2 6.6 
XXI 9.8 10 2  1 7     
Other  
(HS Chapter 98) 0.0 1 1        
Total 9.8 8,278 700 1,193 3,209 2,496 24 12 644 16.6 
Note: Includes HS tariff line 98010010 to remain consistent with the total tariff lines indicated in Table 3.3. 
 For the calculation of averages, specific duties are excluded and the ad valorem  equivalents provided 
by the authorities are included. Based on the HS 2012 nomenclature.  
Source:  WTO estimates based on data from the Chinese authorities. WT/REG351/1 
 
- 15 - 
 
  Chart 3.2 China: Average of du tiable rates, by HS Chapter 
010203040506070
2
3
489
101112
15
161719202122
24
282930313237
38
3940424448
49
515258616263
67
687071737576
82
848587909192
93
96Rate of duty (%)
HS ChapterHS Chapters 1-24                                                          HS Chapters 25-97
MFN Preferential
 
Note: For the calculation of averages, specific duties are excluded and the ad valorem  equivalents provided 
by the authorities are included. 
Source: WTO estimates based on data from the Chinese authorities. 
 
3.1.4  Tariff rate quotas 
3.12.  For a number of tariff lines, Switzerland's tariff commitments towards China are made for 
products for which Switzerland has tariff-rate quota commitments under the WTO. Consequently, 
under the Agreement, and as indicated in Appendix 2 of Annex I to the Agreement, Switzerland 
grants preferential TRQ access to some Chinese products, within existing MFN TRQs in its WTO Schedule of Tariff concessions (List LIX). Although there is no specific TRQ category in 
Switzerland's tariff elimination programme (under the Agreement), its TRQ commitments are 
provided under the description of products in its Schedule. TRQ commitments are implemented, as for the rest of Switzerland's concessions to China, immediately upon entry into force of the 
Agreement. 
3.13.  Annex 2 to the factual presentation identi fies the products subject to TRQ commitments by 
Switzerland. 
3.14.  China does not make any TRQ-related commitment under the Agreement.
12  
3.2  Rules of origin 
3.15.  The rules of origin are set out in Section I of Chapter 3 to the Agreement, while the related 
implementation procedures applicable in the cont ext of the Agreement are contained in Section II 
of the same Chapter. A product is considered as originating if:  
a. it is wholly obtained in a Party;  
b. non-originating materials used in the working or processing of the product have 
undergone substantial transformation in a Party, in accordance with the specific rules on 
substantial transformation specified in the Agreement; or 
c. it has been produced in a Party exclusively from originating materials of one or both 
Parties. 
                                               
12 China confirmed that, according to the Agreemen t, products subject to TRQs are excluded from 
China's tariff reduction and elimination schedule. WT/REG351/1 
 
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  3.16.  Article 3.3 clarifies what constitutes a wholly obtained product. Article 3.4 addresses 
substantial transformation and, inter alia , defines how to calculate the value of non-originating 
material (VNM), at the time of import of the non-originating materials. The product-specific requirements for qualifying transformations are specified in Annex II to the Agreement. While a 
change in tariff classification, at the two, four, or  six-digit level, constitutes the main criteria used 
to determine origin in cases of substantial transformation of products, the value of non-originating material used in the production of a product can be used as an alternative criterion in a number of 
cases.
13 In certain cases, Section III of Annex II also  registers that the product must be wholly 
obtained in a Party to qualify as originating under the Agreement.14  
3.17.  Non-originating products, the value of whic h does not exceed 10% of the ex-work prices of 
the products, may be used in the processing of originating final products. This de minimis  rule 
does not however apply to value criteria set out in Annex II (Article 3.5).  
3.18.  Minimal operations or processes are described in Article 3.6.  3.19.  Accumulation of origin is governed by th e provisions of Article 3.7, which states that a 
product originating in a Party, which is used as material in the production of a product in the other 
Party, shall be considered as originating in the Party where the last operations, beyond minimal operations, have been carried out.  
3.20.  Chapter 3 also contains disciplines on unit of qualification (Article 3.8); accessories, 
spare parts and tools (Article 3.9); neutral elements (Article 3.10); fungible materials (Article 3.11); and direct transport (Article 3.13). 
3.21.  Section II of Chapter 3 contains detailed disciplines related to implementation procedures, 
such as documentary evidence of origin (Article 3.14); certificate of origin
15 (Article 3.15); origin 
declaration by approved exporters16 (Article 3.16); retention of origin documents (Article 3.17); 
requirements regarding importation, including documentary evidence of origin and claim for 
preferential treatment (Article 3.18); waiver of documentary evidence of origin (Article 3.19); 
origin verification, including mutual assistance by the Party on that matter (Article 3.20); and 
denial of preferential tariff treatment (3.21). The Agreement foresees that a number of 
notifications had to be made by the Parties to each other (such as: 1) the names and addresses of 
the authorized bodies issuing the certificate of origin and specimen impressions of official seals used by such authorized bodies; 2) the names, registration numbers and contact details of the 
Approved Exporters; 3) the address of the competent governmental authority responsible for 
verifications) before the entry into force of the Ag reement in order to facilitate the implementation 
of Chapter 3 (Article 3.22). The Parties did exchan ge all notifications requested by Article.3.22. 
3.22.  A sub-committee on the implementation of origin matters is established under Article 3.24. 
3.3  Export duties and charges,  and quantitative restrictions 
3.23.  With respect to export restrictions, Article XI of GATT 1994 shall apply and is incorporated 
into and made part of the Agreement mutatis mutandis (Article 2.5). 
                                               
13 For these cases, the value of all non-originating materials used is indicated in columns 3 and/or 4 of 
Section III of Annex II. The maximum percentage of the value of non-originating materials allowed in relation to the ex-works price of the product varies between 30% and 60%. 
14 This is the case for all or part of HS Chapters 1 through 3, 9, 10, 12, 14, 15, 17, 18, 22, 24 through 
26, 30, 38 through 40, 47, 50 through 52, 55, 63, 71, 72, 74 through 76, and 78 through 81. 
15 Annex III to the Agreement sets out the formats that  should constitute the basis for certificates of 
origin. 
16 Annex IV to the Agreement provides for a text for the origin declaration to be completed by an 
approved exporter. Based on a Memorandum of Understa nding between the customs authorities of the parties, 
the origin declaration has in addition to be uploaded on  a web-application to be tr ansmitted electronically to 
the customs authority of the importing party.  
(see, for Switzerland: http://www.ezv.admin.ch/pdf _linker.php?doc=Memorandum _of_Understanding&lang=de ). WT/REG351/1 
 
- 17 - 
 
  3.4  Regulatory provisions on trade in goods 
3.4.1  Standards 3.4.1.1  Sanitary and phytosanitary measures (SPS) 3.24.  Chapter 7 covers SPS. The WTO Agreement on SPS, which is incorporated into and made 
part of the Agreement, mutatis mutandis , shall apply between the Parties with respect to technical 
regulations, standards and conformity assessment procedures (Article 7.2). In the context of 
harmonization of SPS measures, the Parties agree to base their SPS measures on international 
standards, guidelines and recommendations established by the Codex Alimentarius Commission, 
the World Organization for Animal Health (OIE), and the relevant international regional organizations operating within the framework of the International Plant Protection Convention (IPPC) (Article 7.4). Article 7.5 specifies Article 6 of the WTO SPS Agreement in relation to 
adaptation to regional conditions. The Parties ag ree to enhance their cooperation in the field of 
assessment of inspection and certification system s (Article 7.6) and to strengthen technical 
cooperation in the field of SPS measures (Article 7.7). Article 7.8 sets out procedures at the border 
in case a Party detains products exported from the other Party due to a perceived failure to comply 
with sanitary or phytosanitary requirements.  
3.25.  The Parties have concluded a side agreement which entered into force at the same date as 
the free trade agreement, to further cooperation between authorities set out in Article 7.7 and 
identified areas of future cooperation. This side agreement has already been applied on a provisional basis from the date of signing of the Free Trade Agreement, until the entry into force of 
the Free Trade Agreement. 
3.26.  A Sub-Committee on Sanitary and Phytosanitary measures is established by Article 7.9 and 
contacts points for SPS related matters shall be set up by the Parties (Article 7.12). A first Sub-
Committee meeting took place on 4 June 2014. 
3.4.1.2  Technical barriers to trade (TBT) 
3.27.  Chapter 6 covers TBT. The WTO Agreement on TBT, which is incorporated into and made 
part of the Agreement, mutatis mutandis , shall apply between the Parties with respect to technical 
regulations, standards and conformity assessment procedures (Article 6.2). SPS measures, 
covered by Chapter 7, and purchasing specifications prepared by governmental bodies for production or consumption requirements of govern mental bodies are excluded from the coverage 
of Chapter 6. The Parties agree that, in particular, the standardization organizations listed in 
Article 6.4 issue international standards in the sense of Article 2.4 of the TBT Agreement. The 
Parties agree to strengthen their technical cooperation in different TBT-related areas (Article 6.5), while Article 6.8 provides for technical consultations. Article 6.6 sets out procedures at the border 
in case a Party detains products exported from the other Party due to a perceived failure to comply 
with technical regulations.  
3.28.  A review clause foresees that the Parties sh all, no later than two years after the entry into 
force of the Agreement, review Chapter 6. In the context of the review, the Parties shall consider, 
among others, the possibility of entering into negotiations to provide each other treatment granted to a third party with whom both Parties have established arrangements concerning standards, 
technical regulations or conformity assessment procedures (Article 6.10). 
3.29.  In addition to Chapter 6, the Parties have also concluded Annex V to the Agreement on 
labelling of textiles, which sets some limitations and principles to follow in relation to mandatory permanent labelling requirements for textiles and clothing.  
3.30.  Moreover, the Parties have concluded, and may further conclude, side agreements to 
implement Chapter 6. In particular, they conclude d three side agreements (that entered into force 
at the same date as the FTA) on: (i) the mutual recognition of test results of measuring 
instruments; (ii) cooperation in the areas of telecommunication equipment, electromagnetic 
compatibility and electrical equipment; (iii) cooperation in the areas of certification and accreditation. These side agreements have been applied on a provisional basis from the date of 
signing of the Agreement, until the entry into force of the Agreement.  WT/REG351/1 
 
- 18 - 
 
  3.31.  A Sub-Committee on technical barriers to trade is established by Article 6.7 and contact 
points for TBT related matters shall be set up by the Parties (Article 6.11). Prior to the entry into force of the Free Trade Agreement, a  first TBT/SPS Sub-Committee meeting took place on 4 June 
2014. The Parties updated each other on launched cooperation under the side agreements and 
agreed in particular to deepen cooperation in the areas of (i) metrology and (ii) accreditation and 
certification. 
3.4.2  Bilateral safeguards 
3.32.  Section II of Chapter 5 on trade remedies is silent on the use of WTO global safeguards
17 
but contains specific disciplines on the application of bilateral safeguard measures. During the transition period
18 only, a Party may apply a bilateral safeguard. Such a measure may consist of 
either (i) a suspension of the further reductio n of the customs duty on the product concerned 
provided under the Agreement, or (ii) an increase in the customs duty on the product concerned to 
a level not exceeding the MFN applied customs duty  on the product in effect at the time the 
measure is taken or the MFN applied rate of customs duty in effect on the day immediately 
preceding the date of entry into force of the Ag reement. Bilateral safeguard measures shall in 
principle be limited to a period of two years. They may however be extended for another year. Regardless of its duration, a bilateral safeguard shall terminate no later than at the end of the 
transition period for the product concerned. It may not be applied again on a product which has 
been subject to such a measure for a period of time equal to that during which the measure had been previously applied provided that the period of non-application is at least two years. No bilateral safeguard measure may be applied more than twice on the same product (Article 5.5).  
3.33.  Investigation procedures and transparency requirements applicable to bilateral safeguard 
measures are the same as those in Articles 3 and 4 of the WTO Agreement on Safeguard (Article 5.6). Moreover, disciplines on provisional safeguard measures (Article 5.7), notification 
and consultation (Article 5.8), and compensation (Article 5.9) are also similar to the respective 
WTO rules. It should be noted however that the Party taking compensatory action shall apply the 
action only for the minimum period necessary to achieve the substantially equivalent trade effects 
and in any event, only while the bilateral safeguard is being applied.  
3.4.3  Safeguard measures related to balance of payment (BOP) difficulties 
3.34.  While the Agreement contains disciplines on  the use of measures to safeguard the balance 
of payments in relation to trade in services, it doesn't contain provisions on the use of BOP 
measures regarding trade in goods. 
3.4.4  Anti-dumping and countervailing measures 3.35.  In relation to antidumping, the Parties reaffirm their rights and obligations under Article VI 
of GATT 1994 and the WTO Agreement on antidump ing. Moreover, the Parties agree not to take 
such measures in an arbitrary or protectionist manner. Before initiating an antidumping investigation, a Party shall notify the other Party (Article 5.2). 
3.36.   With regard to countervailing measures, the rights and obligations of the Parties shall be 
governed by Article VI of GATT 1994 and the WTO Agreement on Subsidies and Countervailing 
Measures (Article 5.3). Before initiating an investigation to determine the existence, degree and effect of any alleged subsidy in the other Party, a Party shall notify the other Party and allow for 
consultations with a view to finding a mutually acceptable solution in an amicable manner 
(Article 5.3). 
                                               
17 Article 5.4 nevertheless indicates that no Party may apply, with respect to the same product, at the 
same time a bilateral safeguard and a measure unde r Article XIX of GATT 1994 and the WTO Agreement on 
Safeguards. 
18 "Transition period" means a period of five years from the date of entry into force of the Agreement. In 
the case of a product where the liberalization process in Annex I lasts five or more years, the transition period shall be the date on which such a product reaches zero tari ff according to  that Annex plus three years. WT/REG351/1 
 
- 19 - 
 
  3.4.5  Subsidies and State-aid 
3.37.  With regard to subsidies, the rights and obligations of the Parties shall be governed by 
Article XVI of GATT 1994 and the WTO Agreemen t on Subsidies and Countervailing Measures 
(Article 5.2). 
3.4.6  Customs-related procedures 
3.38.  Whilst customs-related procedures are contained in other parts of the Agreement19, 
Chapter 4 also covers customs procedures and trade facilitation. The Parties agree on the following 
principles which form the basis for the development and administration by competent authorities 
of trade facilitation measures: transparency, efficiency, simplification, harmonization and consistency of trade procedures; promotion of international standards; consistency with multilateral instruments; the best possible use of information technology; high standards of public 
service; governmental controls based on risk management; cooperation within each Party among 
customs and other border authorities; consultations between the parties and their respective business communities; and assurance of trade security. 
3.39.  Chapter 4 contains disciplines on transparency, including the establishment of enquiry 
points for customs matters and opportunities to be afforded to the public to provide comments on draft laws and regulations (Article 4.4), confidentiality (Article 4.21), and consultation 
(Article 4.22); cooperation (Article 4.5) and bord er agency cooperation (Article 4.19); and review 
and appeal of administrative decisions (Article 4. 20). The issuance of advance rulings with regard 
to tariff classification, determination of customs value and rules of origin is regulated in Article 4.6. The Parties shall simplify to the greatest extent possible customs procedures, use efficient trade 
procedures, based, as appropriate, on international standards.
20 The Parties shall designate the 
customs offices at which goods may be presented or cleared (Article 4.10). 
3.40.  Examination of goods shall be based on risk management, provided this practice does not 
create arbitrary or unjustifiable discrimination under the same conditions or disguised restriction 
on international trade (Article 4.11). Customs audit, conducted by customs after release of the goods within a specified period of time, shall be implemented in a transparent manner 
(Article 4.12). 
3.41.  Articles 4.13 through 4.17 also contain disciplines on an authorized economic operator 
system; customs brokers; fees and charges; cons ular transaction; and temporary admission of 
goods.  
3.42.  Each Party shall allow inward and outwar d processing of goods, in accordance with 
international standards and practices subject to the terms and conditions as may be specified in the national legislation (Article 4.18). 
3.43.  The Parties shall also apply Article VII of GATT 1994 and the WTO Customs Valuation 
Agreement. In that regard, it is noted that Switzerland applies customs duties based on weight or quantity rather than ad valorem  duties.  
3.44.  A Sub-Committee on Customs Procedur es and Trade Facilitation is established 
(Article 4.23). 
3.4.7  Other regulations 3.4.7.1  State Trading Enterprises 
3.45.  With respect to state trading enterprises, Article XVII of GATT 1994 and the Understanding 
on the interpretation of Article XVII of the GA TT 1994 shall apply and are incorporated into and 
made part of the Agreement, mutatis mutandis (Article 2.6). 
                                               
19 For instance, in Chapter 3 on rules of origin. 
20 In particular the standards and recommended pr actices of the World Customs Organization (WCO), 
including the principles of the revised Kyoto Convention. WT/REG351/1 
 
- 20 - 
 
  4  PROVISIONS ON TRADE IN SERVICES 
4.1  Scope and definitions 4.1.  Chapter 8 addresses trade in services, and applies to measures taken by Parties' central, 
regional or local governments and authorities as well as by non-governmental bodies to which 
power is delegated by governmental authorities. However, like under GATS, Chapter 8 does not 
apply to air traffic rights or measures affecting services directly related to the exercise of air traffic rights (except aircraft repair and maintenance se rvices; the selling and marketing of air transport 
services; and computer reservation system services). Moreover, government procurement is not 
covered by the disciplines applicable with respect to MFN, market access, and national treatment. 
All four modes of supply are covered by Chapter 8. 
4.2.  Chapter 8 is complemented by three Anne xes (Annex VI on trade in services, Annex VII 
containing the Parties schedules of specific comm itments, and Annex VIII containing the Parties' 
lists of MFN exemptions), which form an integral part of the Agreement.  
4.3.  Annex VI to the Agreement provides for discipl ines and regulatory princi ples of horizontal or 
sectoral application relating to trade in services between the Parties and complementing the other 
rights and obligations contained in Chapter 8. While Section 1 of the Annex contains horizontal provisions
21, Section II addresses movement of natural persons.22 Section III applies to measures 
by Parties affecting trade in financial services, and Section IV contains provisions for a dialogue 
between the Parties in relation to traditional Chinese medicine services.  
4.4.  Article 8.20 establishes a Sub-Committee on Trade in Services to, inter alia , monitor the 
implementation of Chapter 8 and to facilitate its functioning. 
4.2  Denial of benefits 
4.5.  The Agreement does not contain a specific provision on denial of benefits.  4.3  General provisions on trade in services 
4.3.1  National treatment and MFN 
4.6.  Under Article 8.5, which replicates the GATS obligations, national treatment is granted for the 
sectors for which commitments are listed in Annex VII and subject to the conditions and 
qualifications recorded there.  
4.7.  Without prejudice to measures taken in accordance with the disciplines on recognition 
c o n t a i n e d  i n  G A T S  ( A r t i c l e  V I I  o f  G A T S ) ,  e a ch Party accords MFN treatment to the other 
(Article 8.3). This applies except as provided for in the Parties' List of MFN exemptions in 
Annex VIII to the Agreement, which is, for both Pa rties, substantially equivalent to their GATS 
exemptions. Moreover treatment granted under othe r existing or future agreements concluded by 
a Party and notified under Article V or Article V bis of GATS shall not be subject to the MFN 
obligation. In case a Party concludes or amends such an agreement, it shall, upon request from 
the other Party, endeavour to accord to the other Party treatment no less favourable than that provided under that agreement. Adequate opport unity shall be afforded to the other Party to 
negotiate the incorporation into the Agreement of a treatment no less favourable than that 
provided under such Article V or V bis agreement. According advantages to adjacent countries in 
order to facilitate exchanges limited to contiguous frontier zones of services that are both locally produced and consumed is also reserved. 
4.3.2  Market access 
4.8.  The market access provisions, under Article 8. 4, replicates the GATS obligations. The Parties 
grant each other access to their respective markets for their services and service suppliers in 
                                               
21 See below under "regulatory provisions". 
22 See below under "movement of natural persons". WT/REG351/1 
 
- 21 - 
 
  relation to the measures defined in article 8.4, as provided for under the terms, limitations and 
conditions specified in their Schedules set out in Annex VII to the Agreement.  
4.3.3  Commercial presence 4.9.  Commitments on commercial presence (as defined in Art. 8.2(g) for market access and 
national treatment are set out in the Parties' sch edules of commitments on Services (Annex VII) 
for market access and national treatment. 
4.3.4  Performance requirements 
4.10.  The Agreement does not contain specific provision related to performance requirements. 
The latter are covered by the national treatm ent obligations as in the GATS (see 4.3.1). 
4.3.5  Senior Managers and Boards of Directors 4.11.  The Agreement does not contain specific provision related to senior managers and boards of 
Directors. Commitments in this regard are included in the Parties' respective lists of specific 
commitments  
4.3.6  Movement of natural persons 
4.12.  Chapter 8 also covers the supply of a servic e by a service supplier of one Party, through the 
presence of natural persons of a Party in the territo ry of the other Party (Article 8.2). More specific 
provisions on movement of natural persons are to be found in Section II of Annex VI to the 
Agreement. These provisions do not apply to measures affecting natural persons seeking access to 
the employment market of a Party and to measures regarding nationality, residence or employment on a permanent basis. Chapter 8 neither prevents a Party from applying measures to regulate the entry of natural persons of the other Party into, nor their temporary stay in, its 
territory, provided that such measures are not applied in a manner as to nullify or impair the 
benefits accruing to that other Party und er the terms of a specific commitment.  
4.13.  Article 5 of Annex VI defines, for each Party, four categories of natural persons for which 
additional rules are set out. These are "business visitors and services salespersons"; "contractual 
service suppliers"; "intra-corporate transferees", including executives, (senior) managers, and specialists; and "other" (essentially "installers and maintainers"). The additional rules contained in 
Articles 6-8 of Annex VI relate to expeditious application of procedures; non-application to 
committed categories of natural persons of labour certification test, economic needs test and quantitative restrictions; the provision by the authorities of information necessary for an effective application for the grant of entry, temporary stay and work in the Parties' territories. Article 9 sets 
out the establishment of contact points in order to facilitate the access to such information. 
4.14.  In both Parties' Schedules of specific commitments attached to the Agreement, details are 
provided on conditions and/or limitations applicable to natural persons. For both Parties, the 
Parties' Schedules are built on their respective specific commitments under the GATS and the 
scope is broadened, notably with regard to contractual service suppliers and to installers and maintainers.  
4.4  Liberalization commitments 
4.15.  Article 8.17 provides that each Party shall set out in a Schedule the specific commitments it 
undertakes under Articles 8.4 (market access); 8.5 (national treatment); and 8.6 (additional commitments
23). It requires that the Schedules shall specify: (a) terms, limitations and conditions 
of market access; (b) conditions and qualifications on national treatment; (c) undertakings relating 
to additional commitments; and (d) where appropriat e, the time-frame for implementation of such 
commitments and the date of entry into force of  such commitments. The Schedules of Specific 
Commitments on Services of the Parties are found in Annex VII to the Agreement.  
                                               
23 The Parties may negotiate additional (to market access and national treatment) commitments, 
including those regarding qualifications, standards or licensing matters. Such commitments are inscribed in Parties' Schedules (Article 8.6). WT/REG351/1 
 
- 22 - 
 
  4.16.  Article 8.18 permits the Parties to modify or withdraw any commitment in its Schedule of 
Specific Commitments at any time after three year s have elapsed from the Agreement's entry into 
force. In case of modification or withdrawal, an attempt to reach agreement on appropriate compensatory adjustment must be made. In that context, the Parties shall endeavour to maintain 
a general level of mutually advantageous commitment that is not less favourable to trade than 
provided for in the Parties' Schedules prior to the negotiation of compensation. In case an agreement on compensatory adjustments is no t reached, an arbitration panel established 
according to the dispute settlement mechanism contained in Chapter 15 of the Agreement may be 
made use of. Modifications to the Schedules must be incorporated into Annex VII according to Article 16.3. 
4.17.  Article 8.19 foresees that the Parties shall review at least every two years their Schedules of 
specific commitments and their Lists of MFN Exemptions, with the objective of further liberalizing 
trade in services between them and taking into account in particular any autonomous liberalization and on-going work under the auspices of the WTO.  
4.18.  The Parties' commitments in the Agreement are largely modelled on the GATS with respect 
to the sectoral classification and the separation between the horizontal and sector specific commitments, following a "positive list" approach. In the Agreement the Parties also generally 
build on their commitments in their GATS sched ules. As described below, for certain sectors 
(and sub-sectors) coverage is enlarged, while, for a number of sectors (sub-sectors) already covered, new commitments are made and/or certain GATS limitations are not included.  
4.19.  The sections below compare the Parties' liberalization commitments under Annex VII in the 
Agreement and their GATS commitments in relation to modes 1, 2 and 3. After recalling GATS MFN 
exemptions and identifying horizontal commitments in the GATS and in the Agreement, Tables 4.1 
and 4.2 summarize specific commitments under the Agreement relating to sectors and sub-sectors 
and compare them with GATS commitments. Impr ovements over existing GATS commitments are 
either a reduction of the limitations to market acce ss and/or national treatment, a relaxation of the 
form of establishment under mode 3, and/or additional commitments. However, horizontal 
limitations in the GATS Schedule of Specific Commitments and in Annex VII of the Agreement as 
well as mode 4 commitments are, to a large extent, not reflected in the comparison. 
4.4.1   Switzerland  4.4.1.1  Sector specific commitments 
4.20.  In its GATS schedule, Switzerland took commitments in 125 out of 155 services sectors. 
Switzerland has scheduled extensive commitments in a number of sectors but did not make commitments, inter alia , for real estate services, postal and audio-visual services, health related 
and social services, some recreational and cultural and sporting services and some activities in 
transport services.  
4.21.  Switzerland's GATS MFN exemptions cover measures related to audiovisual services and 
some transport services (some internal waterw ays transport and road transport services). 
Moreover, elements of a comprehensive set of bilateral agreements between Switzerland and 
Liechtenstein and between Switzerland and the EU in relation to the movement of persons are registered. Under the Agreement, Switzerland's list of MFN exemptions is contained in Annex VIII 
to the Agreement. 
4.22.  In terms of horizontal limitations to specific commitments, under the Agreement, 
Switzerland replicates, to a large extent, its GATS limitations. In relation to mode 4, Switzerland 
improves its GATS commitments for intra-corpor ate transferees and those related to certain 
contractual service suppliers by extending them to  architectural services, integrated engineering 
services, urban planning services, management cons ulting services, technical testing and analysis 
services and translation and interpretation services from or into a national language of China. 
Switzerland also undertakes commitments with regard to installers and maintainers. 
4.23.  The following section identifies some of the main differences, by sector, between 
Switzerland's GATS schedule and its sector-specific commitments under the Agreement. The text WT/REG351/1 
 
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  focuses in particular on elements of the Agreem ent which are distinct from Switzerland's GATS 
commitments. It should also be read in conjunction with Annex VII to the Agreement. 
Table 4.1 Switzerland: comparison betw een the GATS and Agreement specific 
commitments in trade in services  
Sectors (CPC Classification) GATS Sectoral 
Commitments  
(except as 
indicated in the 
GATS horizontal 
commitments) FTA Sectoral 
Commitments FTA Sectoral 
Commitments 
(as compared to 
the GATS 
commitments) 
1. Business services    
A. Professional Services Partial Partial Improved 
B. Computer and Related Services  Partial Partial Improved 
C. Research and Development Services  Partial Partial Similar 
D. Real Estate Services  --- Partial New 
E. Rental/Leasing Services without Operators  Partial Partial Improved 
F. Other Business Services Partial Partial Improved 
2. Communication services     
A. Postal services --- Partial New 
B. Courier services --- Partial New 
C. Telecommunication services  Partial Partial Similar 
D. Audiovisual services --- --- Similar 
3. Construction and related engineering services     
A. General construction work for buildings Partial Partial Similar 
B. General construction work for civil Engineering Partial Partial Similar 
C. Installation and assembly work  Partial Partial Improved 
D. Building completion and finishing work  Partial Partial Similar 
E. Other Partial Partial Improved 
4. Distribution services    
A. Commission agents' services Partial Partial Improved 
B. Wholesale trade services Partial Partial Similar 
C. Retailing services Partial Partial Similar 
D. Franchising Partial Partial Similar 
5. Education services    
A. Primary education services Partial Partial Similar 
B. Secondary education services  Partial Partial Similar 
C. Higher education services  Partial Partial Similar 
D. Adult education Partial Partial Similar 
E. Other education services  --- Partial Improved 
6. Environmental services    
A. Sewage services Partial Partial Similar 
B. Refuse disposal services Partial Partial Improved 
C. Sanitation and similar services  Partial Partial Similar 
D. Other Partial Partial Improved 
7. Financial services    
A. All insurance and insurance-related services  Partial Partial Improved 
B. Banking and other financial services Partial Partial Improved 
8. Health related and social services    
A. Hospital services --- --- Similar 
B. Other Human Health Services --- --- Similar 
C. Social Services ---  --- Similar 
D. Other --- --- Similar 
9. Tourism and travel related services     
A. Hotels and restaurants (including catering) Partial Partial Improved 
B. Travel agencies and tour operators services Partial Partial Similar 
C. Tourist guides services Partial Partial Improved 
10. Recreational and cultural and sporting 
services    
A. Entertainment services --- --- Similar 
B. News agency services Partial Partial Similar 
C. Libraries, archives, museums and other cultural 
services --- --- Similar 
D. Sporting and other recreational services  Partial Partial Similar 
11. Transport services     
A. Maritime Transport Services --- Partial New 
B. Internal Waterways Transport Partial Partial Similar 
C. Air Transport Services Partial Partial Improved 
D. Space Transport  Partial Partial Similar 
E. Rail Transport Services Partial Partial Improved 
F. Road Transport Services Partial Partial Improved 
G. Pipeline Transport  --- --- Similar WT/REG351/1 
 
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  Sectors (CPC Classification) GATS Sectoral 
Commitments  
(except as 
indicated in the 
GATS horizontal 
commitments) FTA Sectoral 
Commitments FTA Sectoral 
Commitments 
(as compared to 
the GATS 
commitments) 
H. Services auxiliary to all modes of transport  Partial Partial Similar 
I. Other Transport Services  --- --- Similar 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments / limitations not considered 
in the Table. 
Partial:  Commitments subject to some limitation(s) under market access or national treatment, under any of 
the three modes. 
Full: Commitments not subject to limitation(s) under market access or national treatment, under any of 
the three modes. 
---: No commitments. New: New commitments made under the Agreement (Full or partial, with or without limitations). "New" 
can, in most cases, be seen as "improved". 
Improved: Overall improved commitments made under th e Agreement as compared to those under the GATS. 
Similar: Similar commitments (Agreement vs GATS); though possibly, in specific individual cases, with 
limited improvements and/or li mited additional reservations. 
Limited: Some additional limitations (as compared to GATS commitments). Source:  Draft Consol idated GATS Schedule of Specific Commitments (S/DCS/W/CHE), prepared by the 
Secretariat (in 2003) and Switzerland's Sc hedule annexed to the Agreement.  
4.4.1.1.1  Business services 
4.24.  Switzerland builds on its GATS commitm ents and enlarges the scope to cover also, 
inter alia , under professional services, some forms of legal services; under computer and related 
services, some training services; real estate services; some additional leasing or rental services; outdoor advertising services; and additional business services. In most cases no limitation is placed for modes 1, 2 and 3, while the horizontal part apply for mode 4. In a few cases, some 
GATS limitations are relaxed while some cantonal limitations are maintained. Market access for 
highly qualified providers of short term contractual services is facilitated through the broadening of 
the scope of activities to areas such as instal lation and repair of machinery, engineering and 
management consulting.  
4.4.1.1.2  Communication services 4.25.  While neither postal nor courier services are covered under the GATS, under the Agreement, 
Switzerland makes a commitment for express delivery services. Commitments on basic 
telecommunications services and value-added telecommunications services remain unchanged as compared to the commitments under the GATS, while , as under the GATS, audiovisual services are 
unbound. 
4.4.1.1.3  Construction and related engineering services 
4.26.  Switzerland builds on its GATS commitments to expand coverage for some installation and 
assembly work as well as for some special trade construction work and renting services related to 
construction equipment. 
4.4.1.1.4  Distribution services 4.27.  The level of GATS commitments is reaffirmed for the sector and slightly improved for 
commercial presence related to commission agents' services. WT/REG351/1 
 
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  4.4.1.1.5  Educational services 
4.28.  The commitments are, like under the GATS, restricted to private education services and 
remain unchanged for most sub-sectors. Coverage is nevertheless expanded with the introduction 
of commitments in the fields of teaching of national languages of China and cooking. 
4.4.1.1.6  Environmental services 
4.29.  Under the Agreement, Switzerland improves market access for refuse disposal services and 
some other environmental services. 
4.4.1.1.7  Financial services 
4.30.  Largely based upon its GATS commitment s, Switzerland's commitments constitute an 
improvement, essentially through the removal of some restrictions in relation to modes 1 and 2 for insurance and to mode 2 for banking services, in areas such as cross-border aircraft liability 
insurance and securities in Swiss francs.  
4.4.1.1.8  Health relate d and social services 
4.31.  As under the GATS, Switzerland does not make any specific commitments under the 
Agreement on health related and social services. 
4.4.1.1.9  Tourism and travel related services 4.32.  Market access and national treatment li mitations are dropped for commercial presence for 
hotels and restaurants and tourist guides services. This constitutes an improvement as compared 
to Switzerland's GATS commitments.  
4.4.1.1.10  Recreational, cult ural and sporting services 
4.33.  Partial commitments are made in news agency services and sporting and other recreational 
services, as under the GATS. 
4.4.1.1.11  Transport services 4.34.  Maritime transport services, unbound under the GATS, are partly covered under the 
Agreement, with some limitations. Commitments are also registered for some maritime auxiliary 
services. Building on Switzerland's GATS commitments in air transport services, the Agreement covers, with a few limitations, maintenance and repair services, selling and marketing of air 
transport services, computer reservation system services, ground-handling services, and airport 
management services. The coverage for rail and road transport services is also improved as compared to Switzerland's GATS commitments. 
4.4.2  China 
4.4.2.1  Sector specific commitments 
4.35.  In its GATS schedule, China took commitments in 93 out of 155 services sectors. Under the 
GATS, China scheduled commitments in a number of sectors but did not cover, inter alia , research 
and development services; postal services; health related and social services, tourist guides 
services, recreational and cultural and sporting services; space transport, and pipeline transport. 
Under the Agreement, China builds on its GATS commitments and makes improvements in market 
access and/or national treatment in relation to some business services, environmental services, 
financial services, some recreational and cultural and sporting services and some transport services. 
4.36.  China's GATS MFN exemptions cover measures  related to maritime transport, international 
transport and freight and passengers-related servic es. The same exemptions are registered under 
Annex VIII to the Agreement. WT/REG351/1 
 
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  4.37.  Under the Agreement, China replicates its horizontal limitations in its GATS Schedule of 
specific commitments, which essentially limit foreign service suppliers in relation to the constitution of specific legal forms of natural persons (in relation to commercial presence). With regard to mode 4, China undertakes commitments for certain contractual service suppliers 
(medical and dental services, architectural servic es, engineering services, urban planning services, 
computer and related services, construction and related engineering services, education services and tourism services) as well as for installers and maintainers. The conditions applicable to the 
entry and temporary stay of business visitors have  been relaxed (duration of stay extended to 
six months). 
4.38.  The following section identifies some of the main differences, by sector, between China's 
GATS schedule and its sector-specific commitmen ts under the Agreement. Focus is place on 
differences between China's GATS commitments and those under the Agreement. The section 
below should be read in conjunction with Annex VII to the Agreement. 
Table 4.2 China: comparison between the GA TS and Agreement specific commitments in 
trade in services 
Sectors (CPC Classification) GATS Sectoral 
Commitments  
(except as 
indicated in the 
GATS horizontal 
commitments) FTA Sectoral 
Commitments FTA Sectoral 
Commitments 
(as compared to 
the GATS 
commitments) 
1. Business services    
A. Professional Services Partial Partial Similar 
B. Computer and Related Services  Partial Partial Improved 
C. Research and Development Services  --- Partial New 
D. Real Estate Services  Partial Partial Improved 
E. Rental/Leasing Services without Operators  Partial Partial Similar 
F. Other Business Services Partial Partial Improved 
2. Communication services     
A. Postal services --- --- Similar 
B. Courier services Partial Partial Similar 
C. Telecommunication services  Partial Partial Similar 
D. Audiovisual services Partial Partial Similar 
3. Construction and related engineering services     
A. General construction work for buildings Partial Partial Similar 
B. General construction work for civil Engineering Partial Partial Similar 
C. Installation and assembly work  Partial Partial Similar 
D. Building completion and finishing work  Partial Partial Similar 
E. Other Partial Partial Similar 
4. Distribution services    
A. Commission agents' services Partial Partial Similar 
B. Wholesale trade services Partial Partial Similar 
C. Retailing services Partial Partial Similar 
D. Franchising Full Full Similar 
5. Education services    
A. Primary education services Partial Partial Similar 
B. Secondary education services  Partial Partial Similar 
C. Higher education services  Partial Partial Similar 
D. Adult education Partial Partial Similar 
E. Other education services  Partial Partial Similar 
6. Environmental services    
A. Sewage services Partial Partial Improved 
B. Refuse disposal services Partial Partial Improved 
C. Sanitation and similar services  Partial Partial Improved 
D. Other Partial Partial Improved 
7. Financial services    
A. All insurance and insurance-related services  Partial Partial Improved 
B. Banking and other financial services Partial Partial Improved 
8. Health related and social services    
A. Hospital services --- --- Similar 
B. Other Human Health Services --- --- Similar 
C. Social Services ---  --- Similar 
D. Other --- --- Similar 
9. Tourism and travel related services     
A. Hotels and restaurants (including catering) Partial Partial Similar 
B. Travel agencies and tour operators services Partial Partial Improved 
C. Tourist guides services --- --- Similar WT/REG351/1 
 
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  Sectors (CPC Classification) GATS Sectoral 
Commitments  
(except as 
indicated in the 
GATS horizontal 
commitments) FTA Sectoral 
Commitments FTA Sectoral 
Commitments 
(as compared to 
the GATS 
commitments) 
10. Recreational and cultural and sporting 
services    
A. Entertainment services --- --- Similar 
B. News agency services --- --- Similar 
C. Libraries, archives, museums and other cultural 
services --- --- Similar 
D. Sporting and other recreational services  --- Partial New 
11. Transport services     
A. Maritime Transport Services Partial Partial Improved 
B. Internal Waterways Transport Partial Partial Similar 
C. Air Transport Services Partial Partial Improved 
D. Space Transport  --- --- Similar 
E. Rail Transport Services Partial Partial Similar 
F. Road Transport Services Partial Partial Similar 
G. Pipeline Transport  --- --- Similar 
H. Services auxiliary to all modes of transport  Partial Partial Similar 
I. Other Transport Services  --- --- Similar 
General Note:  
MFN and Horizontal limitations, as well as Mode 4 commitments / limitations not considered in the Table. 
Partial:  Commitments subject to some limitation(s) under market access or national treatment, under any of 
the three modes. 
Full: Commitments not subject to limitation(s) under market access or national treatment, under any of 
the three modes. 
---: No commitments. New: New commitments made under the Agreement (Full or partial, with or without limitations). "New" 
can, in most cases, be seen as "improved". 
Improved: Overall improved commitments made under th e Agreement as compared to those under the GATS. 
Similar: Similar commitments (Agreement vs GATS); though possibly, in specific individual cases, with 
limited improvements and/or li mited additional reservations. 
Limited: Some additional limitations (as compared to GATS commitments). Source:  Draft Consolidated GATS Schedule of Spec ific Commitments (S/DCS/W/C HN and Corr.1), prepared 
by the Secretariat (in 2003 and 2005) and China's Schedule annexed to the Agreement.  
 
4.4.2.1.2  Business services 
4.39.  Building on its GATS commitments China en larges the coverage of its specific commitments, 
with some limitations, on some research and development services. Over and above its GATS 
commitments, China also improves access to its market for Swiss services providers through commercial presence for some computer and related services, some real estate services and for a 
number of other business services, such as market research services, services related to 
management consulting in certain sub-sectors, some services incidental to mining (in particular in relation to oil and natural gas), related scientific and technical consulting services, building-cleaning services, and certain printing of packaging materials. Access to providers of short term 
contractual services is also improved (see para 4.36).  
4.4.2.1.3  Communication services 4.40.  As under the GATS, postal courier servic es remain unbound. The GATS commitments on the 
other sub-sectors are mirrored in the Agreement. 
4.4.2.1.4  Construction and related engineering services 4.41.  China's commitments under the Agreement mirror those made under the GATS. WT/REG351/1 
 
- 28 - 
 
  4.4.2.1.5  Distribution services 
4.42.  China's commitments under the Agreement mirror those made under the GATS. 4.4.2.1.6  Educational services 4.43.  China's commitments under the Agreement mirror those made under the GATS. 
4.4.2.1.7  Environmental services 
4.44.  Building on its GATS commitments, Ch ina improves market access through commercial 
presence. 
4.4.2.1.8  Financial services 
4.45.  Building on its GATS commitments, China's commitments under the Agreement make some 
improvements for securities services. China expands the scope of cross-border activities as well as 
under mode 3 and raises the joint-venture participation in securities institutions to 49%.  
4.4.2.1.9  Health relate d and social services 
4.46.  As under the GATS, the whole sector remains unbound under the Agreement. 4.4.2.1.10  Tourism and travel related services 
4.47.  China improves market access through comme rcial presence with regard to travel agency 
and tour operator services. 
4.4.2.1.11  Recreational, cult ural and sporting services 
4.48.  While under the GATS the whole sector is unbound, under the Agreement, China binds some 
sporting services. 
4.4.2.1.12  Transport services 4.49.  In relation to air transport services and as compared to the GATS, China expands the scope 
of its commitments to also cover, with some limitations, ground handling services and improves its 
commitments regarding aircraft repair services by removing economic needs test and limitations on national treatment for mode 3.  
4.5  Regulatory provisions  
4.50.  Articles 8.7 through 8.12 establish the regu latory framework for trade in services between 
the Parties. The Agreement contains provisions of general application on domestic regulation, 
recognition, transparency, treatment of monopo lies and exclusive service suppliers, business 
practices, and subsidies.  
4.51.  Moreover in Section 1 of Annex VI, the Parties commit to publish a list of all authorities of 
the central government, including organization s with delegated authority from the central 
government, that are responsible for authorizing,  approving or regulating services activities 
whether through the grant of licences or other approval. Requirements and procedures and the 
conditions for obtaining such licences or approval shall also be published. The Parties shall also 
ensure that licensing requirements and procedur es do not act as barriers to trade and are not 
more trade restrictive than necessary. In addition, this section contains additional provisions regarding licensing requirements and procedures relating to sectors where specific commitments 
are undertaken, such as with regard to transparen cy, fees, information of applicants, time limits. 
Except for postal, courier and railway transportation services, the regulatory authorities shall be separate from, and not accountable to, any service suppliers they regulate.  WT/REG351/1 
 
- 29 - 
 
  4.5.1  Domestic regulation 
4.52.  In sectors where specific commitments are undertaken, each Party shall ensure that all 
measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. Practical judicial, arbitral or administrative tribunals or 
procedures, which provide for prompt review of, and where justified, appropriate remedies for 
administrative decisions affecting trade in services shall be maintained or instituted. Parties shall aim to ensure that measures relating to qualification requirements and procedures, technical 
standards, and licensing requirements and proc edures are based on objective and transparent 
criteria and are not more burdensome than nece ssary to ensure the quality of the service. 
Licensing procedures shall not in themselves constitute restrictions and account shall be taken of international standards of relevant international organizations. In sectors where specific 
commitments regarding professional services are undertaken, each Party shall provide for 
adequate procedures to verify the competence of  professionals of the other Party (Article 8.7). 
4.5.2  Recognition 
4.53.  In relation to authorization, licensing or certification of service suppliers, due consideration 
shall be given, through agreement or autonomously, to any requests by a Party to the other Party to recognise the education or experience, requirements met, or licences or certifications granted in 
the respective Party (Article 8.8). Adequate opport unity shall be given by a Party to the other to 
negotiate its accession to mutual recognition agreements. Recognition agreements or unilateral decisions shall be in conformity with the relevant provisions of paragraph 3 of Article VII of GATS. 
4.5.3  Subsidies 
4.54.  A Party which considers that it is adversely affected by a subsidy of the other Party may 
request ad hoc consultations with that other Party on such matters (Article 8.12). The Parties shall review any disciplines agreed under Article XV of the GATS with a view to incorporate them into 
Chapter 8. 
4.5.4  Restrictions to safeguard the balance of payments 4.55.  Any restriction to safeguard the balance of payments adopted or maintained by a Party 
under and in conformity with Article XII of the GATS shall apply under Chapter 8 (Article 8.14). 
4.5.5  Transfers and payments  for current transactions 
4.56.  Subject to the Parties' specific commitment (on trade in services), and except in situations 
of difficulties in the balance of payments, a Party shall not apply restrictions on international 
transfers and payments for current transactions relating to trade in services (Article 8.13).  
4.57.  In relation to mode 1 market access commitments made by a Party, if a cross-border 
movement of capital is an essential part of the service itself, a Party is committed to allow such 
movement of capital. In relation to mode 3 market commitment made by a Party, a Party is 
committed to allow related transfers of capital into  its territory (footnote 12 to Article 8.4 on 
market access). 
4.6  Sector specific provisions on trade in services 
4.6.1  Financial services 4.58.  In addition to the general provisions on tr ade in services contained in Chapter 8, Section III 
of Annex VI to the Agreement also applies to measures by Parties affecting trade in financial 
services. It reaffirms that a Party shall not be prevented from adopting or maintaining reasonable 
measures for prudential reasons and that where such measures do not conform with the provisions of Chapter 8 (on trade in services), they shall no t be used as a means of avoiding that Party's 
commitments or obligations under that Chapter. Such measures shall not constitute a disguised 
restriction on trade in services and shall not discriminate against financial services or financial service suppliers of the other Party in comparison to the Party's own like financial services of like 
financial service supplier. Moreover, nothing in Chapter 8 shall be construed to require a Party to WT/REG351/1 
 
- 30 - 
 
  disclose information relating to the affairs and accounts of individual customers or any confidential 
or proprietary information in the possession of public entities. A Party may also recognise, through harmonization or otherwise, including through an agreement or an arrangement, prudential 
measures of a third-party in determining how the Party's measures relating to financial services 
shall be applied. Adequate opportunity for the other Party to negotiate its accession to such an 
agreement or arrangement or to negotiate a comparable one shall be afforded under the same circumstances as under the GATS (equivalent regulation). The Parties also agree to exchange 
detailed information on regulations and rules applicable to financial products and services of 
interests for their service suppliers. Based on clarifications about such regulations and rules and their possible market access impacts, the Parties may prepare appropriate instruments with provisions corresponding to market access to commit mutually. 
4.6.2  Traditional Chinese medicine 
4.59.  Section IV of Annex VI (traditional Chinese medicine services) foresees that both Parties 
shall exchange information and have discussions on issues related to any policies, regulations and 
actions that are considered to have an impact on traditional Chinese medicine (TCM) services in 
Switzerland. The Parties shall strengthen the coop eration on the movement of TCM practitioners. 
To complement these provisions, Annex XI to the Agreement (reimbursement of traditional 
Chinese medicine under the health system) foresees  that Switzerland shall inform China about its 
basic health care insurance scheme with respect to reimbursement of TCM. Further information on possible amendments to the scheme shall also take place.  
5  GENERAL PROVISIONS OF THE AGREEMENT 
5.1  Transparency 
5.1.  In addition to the provisions on transparen cy in specific parts of the Agreement, like for 
instance under Article 8.9 on trade in services, and without prejudice to any of them, Article 1.5 
contains general transparency disciplines. Copying a notification to the WTO or referring to the 
official, public and free of charge accessible we bsite of a Party is considered an appropriate 
provision of information. For the purpose of faci litating communication between the Parties on any 
matter covered by the Agreement, the Parties have designated contact points
24 (Article 14.2). 
5.2.  Nothing in the Agreement shall require the Parties to disclose information that would impede 
law enforcement, is contrary to its laws or otherwise contrary to the public interest, or would prejudice the legitimate commercial interests of any economic operator (Article 1.6). 
5.2  Current payments and capital movements 
5.3.  A provision on the application of restrictions on international transfers and payments for 
current transactions relating to trade in services is contained in Article 8.13 (see above). No 
similar provision is made in relation to trade in goods. 
5.3  Exceptions 5.4.  Exceptions to the Title on trade in goods are contained in Article 2.7. Exceptions applicable to 
disciplines on trade in services are contained in Articles 8.15 and 8.16.  
5.3.1  General exceptions 5.5.  In relation to trade in goods, Article XX of the GATT 1994 shall apply and is incorporated into 
and made part of the Agreement, mutatis mutandis  (Article 2.7). 
5.6.  In relation to trade in services, Article 8.15 replicates the provisions contained in Article XIV 
of GATS.  
                                               
24 For China: the Ministry of Commerce (MOFCOM); and, for Switzerland: th e State Secretariat for 
Economic Affairs (SECO). WT/REG351/1 
 
- 31 - 
 
  5.3.2  Security exceptions 
5.7.  In relation to trade in goods, Article XXI of the GATT 1994 shall apply and is incorporated into 
and made part of the Agreement, mutatis mutandis  (Article 2.7). 
5.8.  In relation to trade in services, Article 8.16 replicates the provisions contained in 
Article XIV bis of GATS.  
5.4  Accession and Withdrawal 5.9.  The Agreement does not contain an accession clause.  
5.10.  Each Party may terminate the Agreement by notification to the other Party. The Agreement 
shall expire six months after the date of such notification (Article 16.4). 
5.5  Government procurement
25 
5.11.  The Agreement does not contain a specific chapter on government procurement. However, 
within the framework of the provisions on economic and technical cooperation (Article 13.4), the 
Parties agree to hold consultations and to cooperate in the area of government procurement. Article 13.4 provides also for specific transparen cy obligations and the establishment of enquiry 
points to facilitate communication between the Parties on any matter regarding government 
procurement.
26 The Parties also agree to commence negotiations on government procurement as 
soon as possible following the completion of negotiations on the accession of China to the 
plurilateral Agreement on Government Procurement (GPA) with a view to concluding, on a 
reciprocal basis, an agreement on government procurement between the Parties. 
5.6  Intellectual property rights 5.12.  Chapter 11 contains rules for the protection of intellectual property rights (IPRs). While 
Section I of the chapter covers general provisions, Sections II through IV address, respectively, 
standards concerning the availability, scope and use of IPRs; acquisition and maintenance of IPRs; and enforcement of IPRs. Section V contains specific rules on indications of source and country 
names. 
5.13.  In Section I, the Parties commit to apply high level international standards
27 in accordance 
with the MFN and national treatment principles. In that regard, the relevant WTO TRIPS provisions 
are cross-referenced. The Parties recognise the importance of protection and enforcement of IPRs 
but also the need to strike a balance between the legitimate interest of the rights owners and the 
public at large. Against this background, the Parties may take appropriate measures, consistent with the Agreement and their international obligations, to prevent the abuse of IPRs by right 
holders or the resort to practices which unreasonably restrain trade or adversely affect technology 
transfer. The Parties agree to review the provisions  of Chapter 11, with a view to keep provisions 
up to date with international intellectual property developments in a balanced manner and to 
ensure their good functioning under the Agreement in practice. Under the established structure of 
the bilateral dialogue on IPRs and the annual Intellectual Property Working Group meeting between China and Switzerland, each Party underta kes to notify changes and development in the 
implementation of its national intellectual property system and to exchange IPR-related 
information. 
5.14.  In relation to intellectual property and public health, the Parties recognise the principles 
established in the Doha Declaration on the TRIPS agreement and Public Health adopted on 
14 November 2001 and confirm that the provisions of Chapter 11 are without prejudice to this 
Declaration. The Parties also reaffirm their commitment to contribute to the international efforts towards the implementation of the Decision of the WTO General Council of 30 August 2003 on the 
                                               
25 Switzerland is a Party to the plurilateral Agreem ent on Government Procurement (GPA) and China is 
currently applying to join the GPA. 
26 The enquiry points established are, for Switzerland,  the State Secretariat for Economic Affairs and, for 
China, the Ministry of Finance. 
27 In Article 11.3, the Part ies reaffirm their commitme nts established in existing international agreement 
in the field of IPRs, to which both are Parties. WT/REG351/1 
 
- 32 - 
 
  Implementation of Paragraph 6 of the Doha  Declaration on the TRIPS agreement and 
Public Health, as well as the Protocol Amending the TRIPS Agreement (6 December 2005). 
5.15.  In Sections I and II, the Parties make reference to the rights and obligations already 
contracted between them through international agreements such as, inter alia  and in addition to 
the TRIPS agreement; the WIPO Performances an d Phonogram Treaty of 1996, on copyright and 
related rights; several WIPO Joint Recommendations related to trademarks; the Convention of Biological Diversity of 1992, in relation to genetic resources and traditional knowledge; and the 
1978 UPOV Convention, in relation to plant variet y protection. Under the Agreement, the Parties 
also enhance or specify more precisely certain multilateral standards in the TRIPS agreement.  
a. In the area of copyright and related rights (A rticle 11.6), the rights applicable to audio 
media under the WIPO Agreement are extend ed to audio-visual media (video, DVD, 
etc.), and the rights applicable to performers of audio performances, to audio-visual 
performances.  
b. For trademarks (Article 11.7), protection must also be provided for shapes of goods and 
sounds.  
c. In the field of patents (Article 11.8), in addition to what is provided for in paragraph 2 of 
Article 27 of the TRIPS agreement, the Parties may exclude from patentability, with 
some restrictions, methods for treatment of the human or animal body by surgery or 
therapy or for diagnostic methods practised on the human or animal body, and plant or 
animal varieties or biological processes for the production of plants or animals, also with some restrictions. Effective patent protection for inventions in all fields of technology, 
including biotechnology and herbal medicine, shall be ensured. In connection with 
patenting, the Parties may adopt or maintain measures to promote the conservation of biological diversity and the equitable sharing of benefits arising from the use of genetic 
resources and traditional knowledge. They may also require that patent applicants 
indicate the source of a genetic resource and, in certain circumstances, traditional knowledge to which the inventor has had access (Article 11.9).  
d. In the area of plant variety protection (Article 11.10), and as compared to the 
1978 UPOV Convention, the protection for new varieties of plants is extended to their exportation. The minimum level of protection granted to breeders of new plant varieties foreseen in Article 11.10 (in particular in its paragraphs 1 and 2) is to be ensured at 
least for the genera/species in List A of Annex IX to the Agreement. Every two years 
after the entry into force of the Agreement, the list is to be reviewed with a view to possibly amend or expand it.  
e. In relation to undisclosed information (Article 11.11), the confidentiality of test data to 
be submitted in connection with marketing approval procedures for pharmaceutical and agro-chemical products must be protected for at least six years.  
f. With regard to industrial designs (Article 11.12), a period of protection of at least 
ten years shall be granted.  
g. In connection with geographical indications (GIs), the level of protection defined under 
Article 23 of the TRIPS agreement (additional  protection for wines and spirits) is 
extended to all products. The Parties may require a GI to be registered in accordance 
with their respective GI legislation and regulations to enjoy legal protection. 
5.16.  In Section III, the Parties commit to ensure that the procedures for grant or registration are 
of the same level as that provided in the TRIPS agreement, in particular its Article 62, where the 
acquisition of an IPR is subject to the right being granted or registered. 
5.17.  In Section IV, the Parties commit to provide for enforcement provisions for the IPRs covered 
by the Agreement
28, which shall be at least of the same level as those provided in the WTO TRIPS 
                                               
28 For the purposes of the Agreement, intellectual property comprises in particular copyright, as well as 
related rights, trademarks for goods an d services, geographical indications, industrial designs, patents, plant WT/REG351/1 
 
- 33 - 
 
  agreement (in particular by its Articles 41 to 61). The Parties agree to adopt procedures to enable 
a right holder, with regard to importation or exportation of goods suspected to infringe patents, industrial designs, trademarks of copyright, to lodge according to domestic laws and regulations an application for the suspension by the customs authorities of the release into free circulation of such 
goods (Article 11.16). Moreover, the applicant fo r the suspension of goods shall be given the 
opportunity to inspect goods whose release has b een suspended or which have been detained. The 
declarant, holder or owner of the suspected infringing goods may be present during the inspection 
(Article 11.17). Section IV of Chapter 11 also contain rules and disciplines on liability declaration, 
security or equivalent assurance (Article 11.18); enforcement through civil and criminal remedies (Articles 11.19 and 11.21); and on provisional measures and injunctions (Article 11.20).  
5.18.  Finally, in Section V, the Parties shall ensure adequate and effective means to protect 
indications of source, country names and flags, with regard to all goods and services.  
5.7  Dispute settlement 5.19.   Chapter 15 contains rules for the settlement of disputes between the Parties in relation to 
their implementation of the Agreement. Disputes  regarding the same matter arising under both 
this Agreement and the WTO Agreement may be settl ed in either forum at the discretion of the 
complaining Party. It provides for forum shopping, at the discretion of the complaining Party, 
regarding the same matter arising under both the Agreement and the WTO Agreement. The forum 
selected shall be used to the exclusion of the other (Article 15.1). Article 15.2 provides for the use of good offices, conciliation and mediation to be undertaken voluntarily by the Parties if they so agree. 
5.20.  The dispute settlement process starts mandatorily by consultations between the Parties 
(Article 15.3). In case it fails to achieve a mutually  satisfactory result, a Party is entitled to request 
the establishment of an arbitration panel (Article  15.4). If any member of the panel has not been 
designated within 30 days, at the request of any Party to the dispute, the Director-General
29 of the 
WTO is expected to designate that panel member. The arbitration panel shall proceed to objectively assess the dispute. It shall also interpret the relevant provisions of the Agreement in 
accordance with customary rules of interpretation of public international law but the panel cannot 
add to or diminish the rights and obligations pr ovided by the Agreement (Article 15.5). The rules 
of procedure of the panel are set out in Annex X to the Agreement. It foresees decisions by consensus with the possibility of votes and separate opinions (Article 15.6). 
5.21.  While Article 15.7 describes the process of establishing the panel report, Article 15.8 
foresees the possibility to suspend or terminate the arbitration panel proceedings, where the Parties agree. 
5.22.  The ruling of the panel shall be prompt ly complied with. The arbitration panel may be 
requested to determine the length of the reasonab le period of time for such compliance, should 
the Parties fail to agree on it. In case of disagreement on the consistency of a measure taken to 
comply with the panel ruling, the same arbitration panel shall be requested to decide the 
disagreement before compensation or suspension of benefits may be sought, in accordance with Article 15.10. The panel may also be requested to rule whether the concessions or obligations proposed to be suspended are equivalent to those affected by the measure found to be 
inconsistent with the Agreement. Concessions or obligations shall not be suspended until the 
arbitration panel has issued its ruling. Temporary measures may, however, be conditionally applied.  
5.23.  Chart 5.1 below summarizes the main steps of the dispute settlement mechanism 
established by the Agreement. 
                                                                                                                                               
varieties, layout-designs (topographies) of integrated circuits, as well as undisclosed information (Article 11.2). 
Moreover, for the sake of clarification, appellations of origin of Switzerland may be protected as GIs in China. Furthermore, indications of source are part of the definition of intellectual property. 
29The President of the International court of Justice or its vice-President in case of nationality-
incompatibility, shall designate the panel member, in case the Director-General of the WTO is a national of one of the Parties. WT/REG351/1 
 
- 34 - 
 
  Chart 5.1 Specific Dispute Settlement Me chanism established by the Agreement 
 
5.8  Institutional framework 
5.24.  The Agreement establishes a Joint China-Switzerland Committee (Article 14.1). Among the 
functions of the Joint China-Switzerland Committee are the supervision and review of the 
implementation of the Agreement; the review of the possibility to further remove barriers to trade 
and other restrictive measures concerning bilateral trade; and the resolution of disputes that may arise regarding the interpretation or application of the Agreement.  
5.25.  The Committees and Sub-Committees established by the Agreement are summarized by 
Chart 5.2 below. 
5.26.  The Joint China-Switzerland Committee may establish other sub-committees and working 
groups in order to assist it. 
5.27.  To facilitate communication between the Parties on any matter covered by the Agreement, 
contact points have been designated.
30 
                                               
30 For China, the Ministry of Commerce (MOFCOM); and, for Switzerland, the State Secretariat for 
Economic Affairs (SECO). Source: WTO Secretariat based on the Agreement. 
 Consultations (Art. 15.3) 
Establishment of an 
Arbitration Panel  
(Art. 15.4) 
Proceedings  
(Art. 15.5-15.6 and Annex X)  
Ruling by the  
Arbitration Panel (Art. 15.7) 
Implementation 
(Temporary) suspension of 
benefits by complaining 
Party (Art. 15.10) Review of compliance  
(Art. 15.9) Non-implementation Determination of the 
length of "reasonable 
period" for 
implementation  
(Art. 15.9) 
Compliance Non-compliance Notification of the 
complaining Party's 
intention to suspend 
benefits (Art. 15.10) 
Ruling by the  
Arbitration Panel (Art. 15.10) 
Ruling by the  
Arbitration Panel (Art. 15.10)  WT/REG351/1 
 
- 35 - 
 
  Chart 5.2 Institutional Framework  established by the Agreement 
 
  
 
  
 
   
 
  
 
  
 
  
5.9  Relationship with other agreements concluded by the Parties 
5.28.  The Parties confirm their rights and obligations under the WTO Agreement and the other 
agreements negotiated thereunder to which they are parties and any other international 
agreement to which they are party (Article 1.3). Moreover, if a Party considers that the 
maintenance or establishment of customs unions, free trade areas, arrangements for frontier trade 
or other preferential agreements by the other Party has the effect of altering the trade regime provided for by the Agreement, or that there is inconsistency between the Agreement and other 
agreements to which both Parties are parties, it may request consultations.  
5.29.  Table 5.1 below shows the Parties RTAs, notified and non-notified, other than the 
Agreement. 
Table 5.1 Switzerland and China: Participatio n in other RTAs (notified and non-notified 
in force), as of 20 April 2015 
RTA Name Date of 
entry into 
force Coverage GATT/WTO Notification 
Year WTO Provision 
CHINA 
Iceland - China 01-Jul-14 Goods & Services 2014 GATT Art. XXIV & GATS Art. V 
China - Costa Rica 01-Aug-11 Goods & Services 2012 GATT Art. XXIV & GATS Art. V 
Peru - China 01-Mar-10 Goods & Services 2010 GATT Art. XXIV & GATS Art. V 
China - Singapore 01-Jan-09 Goods & Services 2009 GATT Art. XXIV & GATS Art. V 
China - New Zealand 01-Oct-08 Goods & Services 2009 GATT Art. XXIV & GATS Art. V 
Pakistan - China 01-Jul-07 
10-Oct-09 Goods  
Services 2008 
2010 GATT Art. XXIV 
GATS Art. V 
Chile - China 01-Oct-06 
01-Aug-10 Goods  
Services 2007 
2010 GATT Art. XXIV 
GATS Art. V 
ASEAN - China 01-Jan-05 
01-Jul-07 Goods 
Services 2005 
2008 Enabling Clause 
GATS Art. V 
China - Macao, China 17-Oct-03 Goods & Services 2003 GATT Art. XXIV & GATS Art. V 
China - Hong Kong, China 29-Jun-03 Goods & Services 2003 GATT Art. XXIV & GATS Art. V 
Asia Pacific Trade Agreement (APTA) 
- Accession of China 01-Jan-02 Goods 2004 Enabling Clause 
Asia Pacific Trade Agreement (APTA) 17-Jun-76 Goods 1976 Enabling Clause 
The Cross-Straits Economic 
Cooperation Framework Agreement 
(ECFA) 12-Sep-10 Goods & Services Not notified 
SWITZERLAND 
EFTA - Bosnia and Herzegovina 01-Jan-15 Goods 2015 GATT Art. XXIV 
EFTA - Hong Kong, China 01-Oct-12 Goods & Services 2012 GATT Art. XXIV & GATS Art. V Joint China-Switzerland Committee (Art. 14.1) 
Sub-committee on the Implementation of Origin Matters 
(Art. 3.24) 
Sub-committee on Customs Procedures and Trade 
Facilitation (Art. 4.23 ) 
Sub-committee on Technical Barriers to Trade (Art. 6.7) 
Sub-committee on Sanitary and Phytosanitary Measures 
(Art. 7.9) 
Sub-committee on Trade in Services (Art. 8.20) Arbitration Panel(s) 
(Art. 15.4) 
Contact points (Art. 14.2) 
Established structure of 
the bilateral dialogue on 
intellectual property rights 
and Intellectual Property 
Working Group 
(Art. 11.4) 
 Source: WTO Secretariat based on the Agreement. 
 WT/REG351/1 
 
- 36 - 
 
  RTA Name Date of 
entry into 
force Coverage GATT/WTO Notification 
Year WTO Provision 
EFTA - Montenegro 01-Sep-12 Goods 2012 GATT Art. XXIV 
EFTA - Ukraine 01-Jun-12 Goods & Services 2012 GATT Art. XXIV & GATS Art. V 
EFTA - Colombia 01-Jul-11 Goods & Services 2011 GATT Art. XXIV & GATS Art. V 
EFTA - Peru 01-Jul-11 Goods 2011 GATT Art. XXIV 
EFTA - Albania 01-Nov-10 Goods 2011 GATT Art. XXIV 
EFTA - Serbia 01-Oct-10 Goods 2010 GATT Art. XXIV 
Japan - Switzerland 01-Sep-09 Goods & Services 2009 GATT Art. XXIV & GATS Art. V 
EFTA - Canada 01-Jul-09 Goods 2009 GATT Art. XXIV 
EFTA - SACU 01-May-08 Goods 2008 GATT Art. XXIV 
EFTA - Egypt 01-Aug-07 Goods 2007 GATT Art. XXIV 
EFTA - Lebanon 01-Jan-07 Goods 2006 GATT Art. XXIV 
EFTA - Korea, Republic of 01-Sep-06 Goods & Services 2006 GATT Art. XXIV & GATS Art. V 
EFTA - Tunisia 01-Jun-05 Goods 2005 GATT Art. XXIV 
EFTA - Chile 01-Dec-04 Goods & Services 2004 GATT Art. XXIV & GATS Art. V 
EFTA - Singapore 01-Jan-03 Goods & Services 2003 GATT Art. XXIV & GATS Art. V 
EFTA - Jordan 01-Sep-02 Goods 2002 GATT Art. XXIV 
EFTA - Former Yugoslav Republic of 
Macedonia 01-May-02 Goods 2000 GATT Art. XXIV 
EFTA - Mexico 01-Jul-01 Goods & Services 2001 GATT Art. XXIV & GATS Art. V 
EFTA - Morocco 01-Dec-99 Goods 2000 GATT Art. XXIV 
EFTA - Palestinian Authority 01-Jul-99 Goods 1999 GATT Art. XXIV 
Faroe Islands - Switzerland 01-Mar-95 Goods 1996 GATT Art. XXIV 
EFTA - Israel 01-Jan-93 Goods 1992 GATT Art. XXIV 
EFTA - Turkey 01-Apr-92 Goods 1992 GATT Art. XXIV 
EU - Switzerland  01-Jan-73 Goods 1972 GATT Art. XXIV 
European Free Trade Association 
(EFTA) 03-May-60 
01-Jun-02 Goods 
Services 1959 
2002 GATT Art. XXIV & GATS Art. V 
EFTA – Central American States 
(Costa Rica and Panama) 29-Aug-14 Goods & Services 2014 GATT Art. XXIV & GATS Art. V 
EFTA - Gulf Cooperation Council 
(GCC) 01-Jul-14 Goods & Services Not yet notified 
Source: WTO Secretariat. 
 
5.10  Others 
5.10.1  Investment 
5.30.  Chapter 9 addresses investment promotion. The Parties recognise the importance of 
promoting cross-border investment and technology flows as a means for achieving economic growth and development and identify a number of ar eas for further cooperation (Article 9.1). They 
agree to provide information on measures affe cting investment, upon request by one of the 
Parties. Moreover, the Parties affirm their commitment to review the legal framework and the environment for investment and the flow of investment between them, no later than two years 
after the entry into force of the Agreement. Furt hermore, if, after the entry into force of the 
Agreement, a Party concludes an agreement with any third country or group of countries that contains provisions providing for better treatment with respect to establishment in non-services 
sectors than the treatment granted to the other Part y, that Party shall, upon request by the other 
Party, enter into negotiations with a view to provide equivalent treatment on a mutual basis (Article 9.2). 
5.10.2  Trade and environment 
5.31.  Chapter 12 addresses trade-related environm ental issues between the Parties. The Parties 
reaffirm their commitments under applicable multil ateral environmental agreements to which they 
are a party and other environmental principles and obligations reflected in other international WT/REG351/1 
 
- 37 - 
 
  instruments (Article 12.1 and 12.2)31. They strive to improve the level of environmental protection 
by all means, including by effective implementati on of their environmental laws and regulations. 
They further recognize that it is inappropriate to  encourage trade or investment by weakening or 
reducing the protections afforded in domestic environmental laws, regulations, policies and 
practices. The Parties agree that environmental st andards shall not be used for protectionist trade 
purposes (Article 12.2). They also undertake to promoting the dissemination of goods and services favouring the environment and agree to exchange views and consider cooperation in this area 
(Article 12.3), including in international fora (Article 12.4). They agree to build on agreements or 
arrangements in the field of environment already in place between them and consider the development of further cooperative activities (Article 12.5). 
5.32.  With a view to facilitating the implementa tion of Chapter 12, the Parties have designated 
contact points as channels of communication and consultations.
32 The Parties shall periodically 
review progress achieved in pursuing the obje ctives set out in Chapter 12 (Article 12.8). 
5.10.3  Competition policy 
5.33.  Chapter 10 contains disciplines on competition. The Parties undertake to apply their 
respective competition laws in recognition of the fact that anticompetitive practices, such as agreements between undertakings that may prevent or restrict competition, abuse of a dominant 
market position and concentration of undertakings which may prevent or restrict competition, may 
have adverse effects on their bilateral trade and hinder the functioning of the Agreement. Nevertheless, Chapter 10 shall not hinder undertakings with special and exclusive rights authorized by laws and regulations from exercising those rights. Moreover, nothing in chapter 10 
creates any legally binding obligations for the undertakings or intervenes in the independence of 
the competition authorities in enforcing their respective competition laws. The Parties also agree to cooperate and to hold consultations with regard to anticompetitive practices.  
5.34.  In addition to the general provisions on competition, The Agreement contains disciplines on 
monopolies and exclusive services suppliers in th e part of the Agreement addressing trade in 
services. Each Party shall ensure that any monopoly supplier of a service in its territory does not, 
in the supply of the monopoly service in the relevant market, act in a manner inconsistent with 
that Party's MFN obligations and market access and national treatment commitments. The Parties shall also ensure that monopoly suppliers do not abuse their monopoly position to act in a Party's 
territory in a manner inconsistent with such commitments. These disciplines also apply to cases of 
exclusive service suppliers (Article 8.10). The Part ies also recognise that certain business practices 
of service suppliers, other than monopolies and exclusive service suppliers may restrain competition and thereby restrict trade in services. With a view to eliminating such practices, the 
Agreement foresees consultations between the Parties (Article 8.11). 
5.10.4  Economic and technical cooperation 5.35.  Chapter 13 of the Agreement covers the areas of economic and technical cooperation 
identified by the Parties with the aim of enhancin g the mutual benefits of the Agreement. Further 
specifications of the methods and contents of economic and technical cooperation are indicated in a Work Programme, signed in parallel to the Agreement (Article 13.7). It builds upon and complements existing or already planned bilateral cooperation initiatives and activities. Fields of 
cooperation include (a)
 sustainable development; (b) industrial cooperation; (c) cooperation in the 
area of services; (d) cooperation on agriculture; (e) quality supervision, inspection and quarantine; and (f) innovation, protection, enforcement, management and use of intellectual 
property rights.  
5.36.  Cooperation on government procurement as well as a cross reference to the parallel 
Agreement on Labour and Employment are also part of Chapter 13, as described above. 
                                               
31 In particular to the Stockholm Declaration on th e Human Environment of 1972, the Rio Declaration on 
Environment and Development of 1992, Agenda 21 on Environment and Development of 1992, the 
Johannesburg Plan of Implementation on Sust ainable Development of 2002 and the Rio+20 Outcome 
Document "The Future We Want" of 2012. 
32 For China, the Ministry of Commerce (MOFCOM); and, for Switzerland, the State Secretariat for 
Economic Affairs (SECO). WT/REG351/1 
 
- 38 - 
 
  5.10.5  Labour and employment 
5.37.  The Parties agree to enhance cooperation on labour and employment according to a 
Memorandum of Understanding signed in 2011 and the Agreement on Labour and Employment 
Cooperation signed in parallel to the free trad e agreement. In the Agreement on Labour and 
Employment Cooperation, the Parties reaffirm thei r obligations arising from their membership of 
the ILO including their commitments under the ILO Declaration of 1998 on Fundamental Principles and Rights at Work and its Follow-up. They also reaffirm their commitments under the 2006 
Ministerial Declaration of the ECOSOC on Full Em ployment and Decent Work, as well as the 2008 
ILO Declaration on Social Justice for Fair Globalisation. The Parties will effectively implement their labour legislations and the applicable ILO conventions. They recognize that it is inappropriate to encourage trade and investment by weakening or reducing labour standards and national 
legislation and practice, and that labour standards should not be abused for protectionist purposes. 
Contact points to facilitate the implementation of  the side agreement are to be appointed within 
six months following the entry into force of the Agreement.  WT/REG351/1 
 
- 39 - 
 
  ANNEX 1 
INDICATORS OF TRADE LIBERALIZATION UNDER THE AGREEMENT 
Switzerland 
1. Table A1.1 shows tariff liberalization by Switzerland by total, agricultural and 
non-agricultural products.  
2. In 2014, Switzerland's average applied MFN rate was 8.4% overall (2.2% for 
non-agricultural products and 28.2% for agricultur a l  p r o d u c t s ) .  2 0 %  o f  S w i t z e r l a n d ' s  t a r i f f  w a s  
duty free on an MFN basis; 21.9% of non-agricu ltural products were duty free while 19.4% of 
agricultural products were duty free. At the ti me of entry into force of the Agreement (2014), 
Chinese exporters enjoyed an absolute  margin of preference of 2.4% vis-à-vis  the prevailing MFN 
tariff; 3.6% for non-agricultural goods and 2.2% for agricultural products. As all tariff elimination 
took place at the entry into force of the Agreem ent, in 2014, the overall share of duty free lines 
applicable to imports from China rose to 86.2% (50.2% for agricultural products and 99.8% for non-agricultural products). 
Table A1.1 Switzerland: Indicators of MFN ta riff rates and preferential rates for imports 
from China 
Origin of 
goods Year ALL PRODUCTS Agricultural productsa Non-agricultural products 
Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share of 
duty-free 
tariff 
lines (%)  Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overal
l (%) On 
dutiable 
(%) 
MFN 2014 8.4 10.6 20.0 28.2 37.6 21.9 2.2 2.8 19.4 
China 2014 5.9 49.8 86.2 24.6 50.2 46.7 0.0 8.5 99.8 
a WTO Definition. 
Note: The majority of Switzerland's tariff is subject to specific duties for which ad valorem  equivalents 
were estimated by the Secretariat. Tariff lines subject to in-quota rates at the MFN level are excluded in the computation. 
 Based on the HS 2012 nomenclature. 
Source:  WTO estimates based on data from the Swiss authorities and WTO-IDB database. 
3. Table A1.2 gives an indication of additional market access in Switzerland resulting from the 
entry into force of the Agreement for China's top 25 global exports, which accounted for 29.7% of 
its global exports in 2011-2013; these corresponded to 43 lines of Switzerland's tariff at the 
six-digit level (using the HS 2012). In 2014, prior to the entry into force of the Agreement, 26 of these tariff lines already had (MFN) duty free access to the Swiss market. On the date of entry into force of the Agreement, in 2014, all 17 tariff lines, which were (MFN) dutiable, immediately 
became duty free for exports from China. WT/REG351/1 
 
- 40 - 
 
  Table A1.2 Switzerland: Market access oppo rtunities under the agreement for China's 
top 25 exports to the world 
China's top export products in 2011-2013 Access conditions to 
Switzerland's import markets HS number and description of the product 
Share in 
global exports 
(%) MFN 2014 
Duty-free 
in 2014 Average 
MFN 
applied 
rate (%) 
Duty 
Free 
Dutiable 
Lines 
847130 - portable automatic data processing machines, 
weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display 5.4 0.0 1   
851712 -- telephones for cellular networks or for other wireless 
networks 3.9 0.0 1   
851770 - parts 2.0 0.0 1   
901380 - other devices, appliances and instruments 1.7 0.4 1 1 1 
847330 - parts and accessories of the machines of heading 
84.71 1.4 0.0 1   
854231 -- processors and controllers, whether or not combined 
with memories, converters, logic circuits, amplifiers, 
clock and timing circuits, or other circuits 1.3 0.0 1   
851762 -- machines for the reception, conversion and 
transmission or regeneration of voice, images or other 
data, including switching and routing apparatus 1.3 0.0 1   
890190 - other vessels for the transport of goods and other 
vessels for the transport of both persons and goods 1.2 0.2  1 1 
854140 - photosensitive semiconductor devices, including 
photovoltaic cells whether or not assembled in modules or made up into panels; light emitting diodes 1.0 0.0 1   
711319a -- of other precious metal, whether or not plated or clad 
with precious metal 1.0 0.0  1 1 
847170 - storage units 0.8 0.0 1   
850440 - static converters 0.8 0.2 1 3 3 
640299 -- other 0.8 5.0  1 1 
271019 -- other 0.7 0.0 9   
854232 -- memories 0.7 0.0 1   
852580 -television cameras, digital cameras and video camera 
recorders 0.7 0.1 1 1 1 
853400 Printed circuits. 0.6 0.0 2   
852872 -- other, colour 0.6 1.3  1 1 
847150 - processing units other than those of subheading 
8471.41 or 8471.49, whether or not containing in the same housing one or two of the following types of unit : storage units, input units, output units 0.6 0.0 1   
844331 -- machines which perform two or more of the functions 
of printing, copying or facsimile transmission, capable of 
connecting to an automatic data processing machine or 
to a network 0.6 0.0 1   
950300 Tricycles, scooters, pedal cars and similar wheeled toys; 
dolls' carriages; dolls; other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds. 0.6 2.0  2 2 
711590 - other 0.5 0.3  3 3 
420212 -- with outer surface of plastics or of textile materials 0.5 3.6  1 1 
852990 - other 0.5 0.3 1 1 1 
611030 - of man-made fibres 0.5 6.4  1 1 
Total of above 29.7  26 17 17 
a contains specific duties without ad valorem  equivalents. 
Note: The majority of Switzerland's tariff is subject to specific duties for which ad valorem  equivalents 
were estimated by the Secretariat. Tariff lines subject to in-quota rates at the MFN level are excluded in the computation. 
 Based on the HS 2012 nomenclature. 
Source:  WTO estimates based on data from the Swiss authorities, WTO-IDB and UN SD, Comtrade databases. WT/REG351/1 
 
- 41 - 
 
  China 
4. Table A1.3 shows tariff liberalization by China by total, agricultural and non-agricultural 
products.  
5. In 2014, China's average applied MFN rate was 9.8% overall (8.9% for non-agricultural 
products and 15% for agricultural products). 8.4% of China's tariff was duty free on an MFN basis; 
8.5% of non-agricultural products were duty free while 7.8% of agricultural products were duty 
free. At the time of entry into force of the Agr eement (2014), Swiss exporters enjoyed an absolute 
margin of preference of 1.8% vis-à-vis  the prevailing MFN tariff; 1.7% for both non-agricultural 
goods and agricultural products. The share of duty free lines applicable to imports from 
Switzerland was 22.9%. Ten years after the entry into force of the Agreement, in 2024, Swiss exporters will face zero duties on 91.8% of their exports to China (87.4% for agricultural products 
and 92.5% for non-agricultural products). At the end of the implementation period, in 2028, the 
share of duty free tariff lines applicable to imports fr om Switzerland will rise to 92.2% of total tariff 
lines (88.1% for agricultural products and 92.9% for non-agricultural products). 
Table A1.3 China: Indicators of MFN tariff rates and preferential rates for imports from 
Switzerland 
Origin of 
goods Year ALL PRODUCTS Agricultural productsa Non-agricultural products  
Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2014 9.8 10.7 8.4 15.0 16.3 7.8 8.9 9.7 8.5 
Switzerland 2014 8.0 10.4 22.9 13.3 15.7 15.3 7.2 9.4 24.1 
 2015 6.9 9.0 22.9 12.0 14.1 15.3 6.1 8.0 24.1 
 2016 5.8 7.6 22.9 10.6 12.6 15.3 5.0 6.6 24.1 
 2017 4.7 6.1 22.9 9.3 11.0 15.3 4.0 5.3 24.1 
 2018 3.6 9.5 61.6 8.0 13.2 39.7 2.9 8.4 65.2 
 2019 3.2 8.3 61.6 7.1 11.8 39.7 2.5 7.2 65.2 
 2020 2.7 7.0 61.6 6.3 10.4 39.7 2.1 6.1 65.2 
 2021 2.2 5.8 61.6 5.4 9.0 39.7 1.7 4.9 65.2 
 2022 1.8 4.6 61.6 4.6 7.6 39.7 1.3 3.8 65.2 
 2023 1.3 15.9 91.8 3.7 29.4 87.4 0.9 12.2 92.5 
 2024 1.3 15.9 91.8 3.7 29.3 87.4 0.9 12.2 92.5 
 2025 1.3 16.4 92.1 3.7 30.9 88.1 0.9 12.5 92.7 
 2026 1.3 16.4 92.1 3.7 30.9 88.1 0.9 12.5 92.7 
 2027 1.3 16.4 92.1 3.7 30.9 88.1 0.9 12.4 92.7 
 2028 1.3 16.6 92.2 3.7 30.9 88.1 0.9 12.7 92.9 
a WTO Definition. 
Note: For the calculation of averages, specific duties are excluded and the ad valorem  equivalents provided 
by the authorities are included. 
 Based on the HS 2012 nomenclature. 
Source:  WTO estimates based on data from the Chinese authorities. 
6. Table A1.4 gives an indication of additional market access in China resulting from the entry 
into force of the Agreement for Switzerland's top 25 global exports, which accounted for 49.9% of its global exports in 2011-2013; these corresponded to 80 lines of China's tariff at the six-digit level (using the HS 2012). In 2014, prior to the entry into force of the Agreement, 3 of these tariff 
lines already had (MFN) duty free access to the Chinese market. With the entry into force of the 
Agreement, in 2014, 65 tariff lines, which were (MFN) dutiable, are to be progressively liberalized for exports from Switzerland (23 lines in 2014, 27 lines in 2018, 13 lines in 2023, and 2 lines in 
2025). 12 lines with MFN tariffs in 2014 ranging from 4% to 30% will remain dutiable once the 
tariff elimination programme is fully implemented.  WT/REG351/1 
 
- 42 - 
 
  Table A1.4 China: Market access opportuniti es under the agreement for Switzerland's 
top 25 exports to the world 
Switzerland's top export products in 2011-2013 Access Conditions to China's import markets 
MFN (2014) 
Duty free in 
Remain 
dutiable HS number and description of the product 
Share in 
global 
exports 
(%) 
Average 
MFN 
applied 
rate 
(%) No. of tariff 
lines Duty- 
free 
Dutiable 
2014 
2018 
2023 
2025 
300490 Other pharmaceutical products, 
medicaments (excluding goods of 
heading 30.02, 30.05 or 30.06) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put 
up in measured doses (including those in 
the form of transdermal administration systems) or in forms or packings for retail sale.  11.8
 3.6  10 8 1 1   
300210 - antisera, other blood fractions and 
immunological products, whether or not 
modified or obtained by means of 
biotechnological processes 8.1 3.0  1     1 
910221 -- Other wrist-watches, whether or not 
incorporating a stop-watch facility, with automatic winding 3.9
 11.0  1     1 
711319 -- of other precious metal, whether or 
not plated or clad with precious metal 3.4 30.0  6  3  1 2 
271600 Electrical energy. (optional heading) 2.2 0.0 1       
910121 -- Other wrist-watches, whether or not 
incorporating a stop-watch facility, with 
automatic winding 2.0 11.0  1     1 
293399 Other organic chemicals other than  
heterocyclic compounds with nitrogen 
hetero-atom(s) only 1.6 6.5  1     1 
910211 -- Wrist-watches, electrically operated, 
whether or not incorporating a stop-
watch facility, with mechanical display 
only  1.6 12.5  1     1 
300290 Other pharmaceutical products other 
than human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera, other blood fractions and immunological products, 
whether or not modified or obtained by 
means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products  1.5
 3.0  5 4  1   
711011 - Platinum, unwrought or in powder form 1.3 0.0 1       
710813 -- other semi-manufactured forms  of 
gold, non-monetary 1.2 0.0 1       
293719 - Other Polypeptide hormones, protein 
hormones and glycoprotein hormones, 
their derivatives and structural analogues  1.1 4.0  1   1   
292429 -- othe r cyclic amides (including cyclic 
carbamates) and their derivatives; salts 
thereof 1.0 6.3  4  2 2   
300420 - Medicaments, containing other 
antibiotics 0.9 6.0  10  9 1   
300439 -- Medicaments, othe r than those 
containing hormones or other products of heading 29.37 but not containing antibiotics 0.9
 5.0  1   1   
910129 Other wrist-watches, whether or not 
incorporating a stop-watch facility : -- 
Other 0.9 15.0  1     1 
902110 - orthopaedic or fracture appliances 0.8 4.0  1     1 
294190 - othe r organic chemicals other than 
antibiotics 0.8 5.3  15 5 9   1 
710239 Diamonds, whether or not worked, but 
not mounted or set, other than non-industrial 0.8
 8.0  1   1   
841199 Other parts of turbo-jets, turbo-
propellers and other gas turbines 0.7 5.0  2 1 1    WT/REG351/1 
 
- 43 - 
 
  Switzerland's top export products in 2011-2013 Access Conditions to China's import markets 
MFN (2014) 
Duty free in 
Remain 
dutiable HS number and description of the product 
Share in 
global 
exports 
(%) 
Average 
MFN 
applied 
rate 
(%) No. of tariff 
lines Duty- 
free 
Dutiable 
2014 
2018 
2023 
2025 
090121 -- Roasted coffee, not decaffeinated 0.7 15.0  1     1 
220290 - Other waters, including mineral waters 
and aerated waters, containing added 
sugar or other sweetening matter or 
flavoured, and other non-alcoholic 
beverages, not including fruit or 
vegetable juices of heading 20.09 0.7 35.0  1    1  
901890 - other instruments and appliances 0.6 4.0  9 5 2 2   
910111 -- with mechanical display only 0.6 11.0  1     1 
902190 - Other orthopaedic appliances, including 
crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or 
carried, or implanted in the body, to 
compensate for a defect or disability 0.5
 4.0  3   3   
Total of above 49.9  3 77 23 27 13 2 12 
Note: For the calculation of averages, specific duties are excluded and the ad valorem  equivalents provided 
by the authorities are included. 
 Based on the HS 2012 nomenclature. Source: WTO estimates based on data from Chin ese authorities and UNSD , Comtrade database. 
 
  
  WT/REG351/1  
- 44 - ANNEX 2 
TARIFF-RATE QUOTAS WITHIN THE AGREEMENT 
Summary of TRQ commitments by Switzerland1 
1. Table A2.1 identifies the tariff lines covered by Switzerland's TRQ commitments. Appendix 2 to Annex 1 to the Agreement indicat es the 
applicable MFN and preferential in quota rate or, for four tariff  lines, out of quota tariff rates. It also makes reference to the category of the tariff 
elimination programme applied to each product.  The tariff lines are grouped by TRQ categories, as listed in Section 1-B (or I-A) of Part I of 
Switzerland's WTO Schedule (LIX). As no specific quota quantity is mentioned in Switzerland's schedule, it is assumed that the quantities in 
Switzerland WTO Schedule are applicable. Appendix 2 to Annex I does not refer to any increase of the quota quantity.  
Table A2.1 Summary of WTO-related TRQs referred to in Switzerlan d Schedule of tariff concessions:  Tariff Rate Quotas within the  
limits of which Switzerland is granting pref erential treatment to products from China 
WTO 
TRQ # Description of products HS Code   Category  MFN applied rate 
(Swiss francs) Preferential  
(swiss francs) Quota 
(1) Live horses, asses, mules and hinnies 0101.2110 0101.2991  A 120/unit 0 I 
   0101.3011 0101.3095 0101.9093 A 3/unit 0 I 
(2) Live bovine animals 0102.2110 0102.3110  B3 60/unit 54/unit I 
   0102.2991 0102.3991 0102.9092 A 60/unit 0 I 
(3) Live swine 0103.1010   B1 10/unit 6/unit I 
   0103.9110   B3 33/unit 26.4/unit I 
    0103.9210   B3 10/unit 8/unit I 
(4) Live sheep and goats 0104.1010   B3 5/unit 4 Fr. each I 
    0104.2010   B3 3/unit 2.4 Fr. each I 
(5) Animals for slaughter; meat mainly 0101.2911   B3 90/unit 80 Fr. each I 
  produced on the basis of coarse fodder 0102.2911 0102.3911 0102.9012 B3 95/unit 85 Fr. each I 
   0104.1020   B3 25/unit 20 Fr. each I 
   0104.2020   B3 43/unit 38.7 Fr. each I 
   0201.1011 0202.1011  B3 94/100 kg gross 84.6 Fr. per 100 kg 
gross I 
   0201.1091 0202.1091  B3 69/100 kg gross 60 Fr. per 100 kg gross I 
   0204.1010 0204.2110 0204.2210 B1 30/100 kg gross 18 Fr. per 100 kg gross I 
   0204.2310 0204.3010 0204.4110    I 
   0204.4210 0204.4310     I 
   0204.5010   B3 49/100 kg gross 40 Fr. per 100 kg gross I 
                                               
1 Additional TRQ-related information is available on docume nt G/AG/N/CHE/66.  
  WT/REG351/1  
- 45 - WTO 
TRQ # Description of products HS Code   Category  MFN applied rate 
(Swiss francs) Preferential  
(swiss francs) Quota 
   0205.0010   B1 20/100 kg gross 11 Fr. per 100 kg gross I 
   0206.1011   A 79/100 kg gross 0 I 
   0206.1021   A 153/100 kg gross 0 I 
   0206.1091   A 109/100 kg gross 0 I 
   0206.2110   A 110/100 kg gross 0 I 
   0206.2210   A 190/100 kg gross 0 I 
   0206.2910   A 140/100 kg gross 0 I 
   0206.3091 0206.9010  A 50/100 kg gross 0 I 
   0206.4991   A 68/100 kg gross 0 I 
   0206.8010   A 49/100 kg gross 0 I 
   0210.2010   B1 375/100 kg gross 225 Fr. per 100 kg gross I 
   0210.9911   A 146/100 kg gross 0 I 
   1602.1010   B1 85/100 kg gross 42.5 Fr. per 100 kg 
gross I 
   1602.9011   B3 100/100 kg gross 90 Fr. per 100 kg gross I 
(6) Animals for slaughter; meat mainly 0103.9120   B1 63/unit 31.5 Fr. each I 
  produced on the basis of concentrated 0103.9220   B3 40/unit 32 Fr. each I 
  fodder 0203.1191   B3 43/100 kg gross 34.4 Fr. per 100 kg 
gross I 
   0203.1291 0203.1981 0203.2291 B3 50/100 kg gross 40 Fr. per 100 kg gross I 
   0203.2981       
   0203.2191   B3 43/100 kg gross 34.4 Fr. per 100 kg 
gross I 
   0207.1110 0207.1210 0207.1491 B3 30/100 kg gross 24 Fr. per 100 kg gross I 
   0207.2410 0207.2510 0207.2781 B3 30/100 kg gross 24 Fr. per 100 kg gross I 
  0207.5110 0207.5210 0207.6011     
  0207.6021       
  0207.2791 0207.4110 0207.4210     
   0207.1321 0207.2621 0207.4411 B3 30/100 kg gross 27 Fr. per 100 kg gross I 
  0207.6041 0207.6051 0210.9951     
  0210.9981       
   0207.4491 0207.5411 0207.5491     
   0207.4591 0207.5591 0207.6091 B1 30/100 kg gross 15 Fr. per 100 kg gross I 
   0210.1191 0210.1991  B1 225/100 kg gross 135 Fr. per 100 kg gross I 
   0210.9912   A 146/100 kg gross 0 I 
   1601.0021   B3 125/100 kg gross 110 Fr. per 100 kg gross I 
   1601.0031   B3 75/100 kg gross 60 Fr. per 100 kg gross I 
   1602.3110   B1 50/100 kg gross 25 Fr. per 100 kg gross I 
   1602.3210 1602.3910  B3 50/100 kg gross 40 Fr. per 100 kg gross I 
   1602.4111   B3 115/100 kg gross 92 Fr. per 100 kg gross I 
   1602.4910   B3 100/100 kg gross 90 Fr. per 100 kg gross I  
  WT/REG351/1  
- 46 - WTO 
TRQ # Description of products HS Code   Category  MFN applied rate 
(Swiss francs) Preferential  
(swiss francs) Quota 
(7) Dairy produce, in milk equivalent 0401.1010 0401.2010 0403.1091 B3 18/100 kg gross 16.2 Fr. per 100 kg 
gross I 
   0402.2111 0402.2911  B3 50/100 kg gross 45 Fr. per 100 kg gross I 
   0403.9041   C 18/100 kg gross 8 Fr. per 100 kg gross I 
   0403.9049   C 30.1/100 kg gross 20.1 Fr. per 100 kg 
gross O 
   0403.9051   B1 18/100 kg gross 10.8 Fr. per 100 kg 
gross I 
   0404.9081   B1 25/100 kg gross 15 Fr. per 100 kg gross I 
   0405.2011 0405.2019  B3 20/100 kg gross 18 Fr. per 100 kg gross I 
   0405.9010   B3 30/100 kg gross 27 Fr. per 100 kg gross I 
(8) Casein 3501.1010 3501.9011  B3 4/100 kg gross 3.2 Fr. per 100 kg gross I 
   3501.9019   B3 4/100 kg gross 3.6 Fr. per 100 kg gross I 
(9) Birds' eggs, in shell 0407.1110 0407.1910 0407.2110 B3 50/100 kg gross 45 Fr. per 100 kg gross I 
   0407.2910 0407.9010  B3 50/100 kg gross 45 Fr. per 100 kg gross I 
(11) Egg products other than dried 0408.9110   B3 255/100 kg gross 229.5 Fr. per 100 kg 
gross I 
    0408.9910   B3 79/100 kg gross 71 Fr. per 100 kg gross I 
(12) Bovine semen 0511.1010   A 0.1usual unit 0 I 
(13) Cut flowers 0603.1110   A 12.5/100 kg gross 0 I 
   0603.1210 0603.1310 0603.1410 A 25/100 kg gross 0 I 
   0603.1510 0603.1911 0603.1918 A 25/100 kg gross 0 I 
(14) Seed potatoes, potatoes for 
processing, 0701.1010   A 1.4/100 kg gross 0 I 
  table potatoes, potato products (in 
potato 0701.9010   A 6/100 kg gross 0 I 
  equivalent) 0710.1010   B3 55/100 kg gross 49.5 Fr. per 100 kg 
gross I 
   0710.9021   B1 55/100 kg gross 33 Fr. per 100 kg gross I 
   0712.9021   B1 20/100 kg gross 10 Fr. per 100 kg gross I 
   1105.1011 1105.2011  B3 30/100 kg gross 27 Fr. per 100 kg gross I 
   2001.9031   B3 50/100 kg gross 45 Fr. per 100 kg gross I 
   2004.1012   C 50/100 kg gross 40 Fr. per 100 kg gross I 
   2004.1014 2004.1094  C 97.4/100 kg gross 87.4 Fr. per 100 kg 
gross O 
   2004.1092   C 70/100 kg gross 60 Fr. per 100 kg gross I 
   2004.9028   B3 50/100 kg gross 45 Fr. per 100 kg gross I 
   2005.2021   B3 50/100 kg gross 45 Fr. per 100 kg gross I 
   2005.2092   B3 50/100 kg gross 45 Fr. per 100 kg gross I 
   2005.9921   B3 50/100 kg gross 45 Fr. per 100 kg gross I 
    2005.9951   B3 70/100 kg gross 63 Fr. per 100 kg gross I  
  WT/REG351/1  
- 47 - WTO 
TRQ # Description of products HS Code   Category  MFN applied rate 
(Swiss francs) Preferential  
(swiss francs) Quota 
(15) Fresh vegetables 0702.0011 0702.0021 0702.0031 B1 5/100 kg gross 3 Fr. per 100 kg gross I 
   0702.0091       
   0703.1013   A 0.2/100 kg gross 0 I 
   0703.1021 0703.1031 0703.1041 A 2.9/100 kg gross 0 I 
   0703.1051 0703.1061 0703.1071 A 2.9 Fr. per 100 kg 
gross 0 I 
   0703.9011 0703.9021 0704.2011 A 10 Fr. per 100 kg 
gross 0 I 
   0704.9051 0704.9061 0704.9064     
  0704.9071 0704.9081 0705.1198     
  0705.1911 0705.1921 0705.1931     
  0705.1941 0705.1951 0705.1991     
  0706.9031 0706.9041 0706.9051     
  0706.9061 0707.0011 0707.0021     
  0707.0031 0707.0041 0708.1011     
  0708.1021 0708.2028 0708.2038     
  0708.2048 0708.2098 0708.9081     
   0704.1011 0704.1021 0704.1091 A 7 Fr. per 100 kg 
gross 0 I 
   0705.1118 0705.1121 0705.2111     
   0706.9028       
   0704.9018 0704.9021 0704.9031 A 3 Fr. per 100 kg 
gross 0 I 
   0704.9041       
   0705.2911 0705.2921 0705.2931 A 9 Fr. per 100 kg 
gross 0 I 
   0705.2941 0705.2951 0705.2961     
   0705.2971       
   0706.1011 0706.1021 0706.1031 A 4 Fr. per 100 kg 
gross 0 I 
   0706.9018       
   0709.2011   A 0 0 I 
   0709.3011 0709.4011 0709.4021 A 10 Fr. per 100 kg 
gross 0 I 
   0709.4091 0709.7011 0709.9120 A 10 Fr. per 100 kg 
gross 0 I 
   0709.9941 0709.9951 0709.9961     
   0709.9971       
   0709.9918 0709.9921 0709.9931 A 7 Fr. per 100 kg 
gross 0 I  
  WT/REG351/1  
- 48 - WTO 
TRQ # Description of products HS Code   Category  MFN applied rate 
(Swiss francs) Preferential  
(swiss francs) Quota 
(16) Frozen vegetables 0710.2110 0710.9011  B1 55 Fr. per 100 kg 
gross 33 Fr. per 100 kg gross I 
   0710.8011   B3 55 Fr. per 100 kg 
gross 49.5 Fr. per 100 kg 
gross I 
(17) Fresh apples, pears and quinces 0808.1022 0808.3022 0808.4022 A 2 Fr. per 100 kg 
gross 0 I 
   0808.1032 0808.3032 0808.4032 A 5 Fr. per 100 kg 
gross 0 I 
(18) Fresh apricots, cherries, plums and 
sloes 0809.1018 0809.2111 0809.2911 A 3 Fr. per 100 kg 
gross 0 I 
   0809.1098 0809.4013  A 5 Fr. per 100 kg 
gross 0 I 
    0809.4093   A 10 Fr. per 100 kg 
gross 0 I 
(19) Other fresh fruit 0810.1011   A 3 Fr. per 100 kg 
gross 0 I 
   0810.2011 0810.2021 0810.3022 A 5 Fr. per 100 kg 
gross 0 I 
(20) Fruit for cider 0808.1011 0808.3011 0808.4011 A 2 Fr. per 100 kg 
gross 0 I 
(21) Seed fruit products (in seed fruit 
equivalent) 2009.7111 2009.8921 2009.8941 B1 30 Fr. per 100 kg 
gross 18 Fr. per 100 kg gross I 
   2009.7121 2009.8931  B1 50 Fr. per 100 kg 
gross 30 Fr. per 100 kg gross I 
   2009.7910 2009.9031  B1 100 Fr. per 100 kg 
gross 50 Fr. per 100 kg gross I 
   2009.9011   B3 20 Fr. per 100 kg 
gross 16 Fr. per 100 kg gross I 
   2009.9041   B1 28 Fr. per 100 kg 
gross 14 Fr. per 100 kg gross I 
   2009.9051   B3 28 Fr. per 100 kg 
gross 25.2 Fr. per 100 kg 
gross I 
   2009.9071   B1 70 Fr. per 100 kg 
gross 35 Fr. per 100 kg gross I 
   2009.9081   B3 70 Fr. per 100 kg 
gross 63 Fr. per 100 kg gross I 
   2202.9021   B3 50 Fr. per 100 kg 
gross 45 Fr. per 100 kg gross I 
   2202.9051   B3 28 Fr. per 100 kg 
gross 25.2 Fr. per 100 kg 
gross I 
    2202.9071   B3 20 Fr. per 100 kg 
gross 18 Fr. per 100 kg gross I  
  WT/REG351/1  
- 49 - WTO 
TRQ # Description of products HS Code   Category  MFN applied rate 
(Swiss francs) Preferential  
(swiss francs) Quota 
(22) Grapes for pressing and grape juice 0806.1021   A 40 Fr. per 100 kg 
gross 0 I 
   2009.6111   B1 34 Fr. per 100 kg 
gross 20.4 Fr. per 100 kg 
gross I 
   2009.6122   B1 50 Fr. per 100 kg 
gross 30 Fr. per 100 kg gross I 
   2009.6910   B1 100 Fr. per 100 kg 
gross 50 Fr. per 100 kg gross I 
   2202.9018   A 50 Fr. per 100 kg 
gross 0 I 
    2202.9041   B1 36 Fr. per 100 kg 
gross 21.6 Fr. per 100 kg 
gross I 
(26) Durum wheat, undenatured 1001.1921   A 1 Fr. per 100 kg 
gross 0 I 
(27) Bread grains, other cereals and cereal 1007.9021 1008.1021 1008.2921 B3 18 Fr. per 100 kg 
gross 16.1 Fr. per 100 kg 
gross I 
  products suitable for use for human 
consumption 1008.9023   A 0 0 O 
I:  refers to the in-quota rate. 
O: refers to the out-of-quota rates. Note 1:  Details regarding phase-out categories are found in  Annex I, Appendix 2 to the Agreement, while details on, inter alia , the Total quota quantity for 2012 , as 
well as the in-quota fill, can be found in document G/AG/N/CHE/66.  
Note 2:  The tariff lines 0709.2011 (TQ no. 15) and 1008.9023 (TQ no 27)  are included in the table even if the preferential equ als the duty-free MFN rate. This has 
been done because the two lines have been included by Switzerland in its submission to the Secretariat without the mention "no preferential duty". 
Source: Swiss authorities' submission and WTO-IDB database.  
 
__________