2005A1126 — EN — 01.04.2013 — 001.001

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Amended by:









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AGREEMENT

between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products







THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, of the one part, and THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’, of the other part, hereinafter together referred to as ‘the Contracting Parties’, HAVING REGARD to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 and to the Joint Declaration on further negotiations attached to the Final Acts of the Agreements between the European Communities and their Member States and the Swiss Confederation, signed in Luxembourg on 21 June 1999, CONSIDERING that Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, hereinafter referred to as ‘the Agreement’, should be updated in accordance with the results of the Uruguay Round and be adapted as regards product coverage, CONSIDERING that the trade flows between Switzerland and the new Member States should be maintained after enlargement of the European Union, DESIRING to improve reciprocal market access for processed agricultural products, HAVING REGARD to the Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation, of 17 March 2000, HAVE AGREED AS FOLLOWS:







Article 1

The Agreement is hereby amended as follows:

1. Annex I to the Agreement shall be replaced by the new Annex I which is attached to this Agreement as Annex 1.

2. Protocol 2 to the Agreement shall replaced by the new Protocol 2, which is attached to this Agreement as Annex 2.

Article 2

The following agreements shall be repealed with effect from the entry into force of this Agreement:

— Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation, of 17 March 2000,

— Exchange of letters between the European Commission and the Swiss Federal Administration on arrangements designed to improve transparency in the various price compensation measures applied by the European Community and Switzerland which affect trade in processed agricultural products covered by Protocol 2, of 29 November 1988.

Article 3

The Annexes to this Agreement, including tables and appendices to the tables and the appendix to Protocol 2, shall form an integral part hereof.

Article 4

1. This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Switzerland.

2. This Agreement shall also apply to the territory of the Principality of Liechtenstein as long as the customs union with Switzerland is maintained.

Article 5

1. This Agreement shall be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the day following the day on which the Contracting Parties have notified each other of the completion of their internal procedures necessary to this end.

2. Pending the completion of the ratification procedures referred to in paragraph 1, the Contracting Parties shall apply this Agreement from the first day of the fourth month following the date of the signature, provided that the implementing measures as defined in Article 5(4) of Protocol 2 are adopted at the same date.

Article 6

1. This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovene, Spanish and Swedish languages, each text being equally authentic.

2. The Maltese language version shall be authenticated by the Contracting Parties on the basis of an Exchange of Letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, have hereunto set their hands.

Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.

V Lucemburku dne dvacátého šestého øíjna dva tisíce ètyøi.

Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.

Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.

Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.

Έγινε στο Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.

Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.

Fait à Luxembourg, le vingt-six octobre deux mille quatre.

Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.

Luksemburga, divi tukstoši ceturta gada divdesmit sestaja oktobri.

Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.

Kelt Luxembourgban, a kettõezer negyedik év október havának huszonhatodik napján.

Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.

Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.

Sporządzono w Luksemburgu w dniu dwudziestym szóstym października roku dwutysięcznego czwartego.

Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.

V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.

V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoè štiri.

Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.

Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Für die Schweizerische Eidgenossenschaft

Pour la Confédération suisse

Per la Confederazione svizzera

ANNEX 1

‘ANNEX I







List of products referred to in Article 2(i) of the Agreement HS code Description 2905 43 – – Mannitol 2905 44 – – D-glucitol (sorbitol) 3501 Casein, caseinates and other casein derivatives; casein glues: 3501 10 – Casein ex35 01 90 – Other: – Other than casein glues 3502 Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: – Egg albumin: 3502 11 – – Dried 3502 19 – – Other 3502 20 – Milk albumin, including concentrates of two or more whey proteins 3505 Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches 3809 Finishing agents, dye carriers to accelerate the dyeing or fixing or dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: 3809 10 – With a basis of amylaceous substances 3823 Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols: – Industrial monocarboxylic fatty acids; acid oils from refining: 3823 11 – – Stearic acid 3823 12 – – Oleic acid 3823 19 – – Other 3823 70 – Industrial fatty alcohols 3824 60 – Sorbitol other than that of subheading 2905 44 5301 Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock) 5302 True hemp (Cannabis sativa L.), raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock)’

ANNEX 2

PROTOCOL 2

Concerning certain processed agricultural products

Article 1

General principles

1. The provisions of the Agreement shall apply to products listed in Tables I and II unless otherwise specified in this Protocol.

2. In particular, with respect to these products, the Contracting Parties may not levy customs duties on imports or charges having equivalent effect, including agricultural components, or grant export refunds or any refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect.

3. The provisions of this Protocol shall likewise apply to the Principality of Liechtenstein until the application of Protocol 3 to the Agreement on the European Economic Area to the Principality of Liechtenstein.

Article 2

Application of price compensation measures

1. In order to take account of differences in the cost of the agricultural raw materials used in the manufacture of the products specified in Table I, the Agreement does not preclude the application of price compensation measures to these products; that is the levying of agricultural components upon import and the granting of export refunds or the granting of refunds, remissions or non-payments, partial or complete of customs duties or charges having an equivalent effect.

2. If a Contracting Party applies internal measures, which reduce the price of raw materials to processing industries, these measures shall be taken into account in the calculation of the price compensation amounts.

Article 3

Price compensation measures on imports

1. Switzerland's basic amounts for the agricultural raw materials taken into consideration in calculating the agricultural components on imports shall neither exceed the difference between the Swiss domestic reference price and the Community's domestic reference price for the respective agricultural raw material nor the Swiss import duty actually applied for the agricultural raw material when imported as such.

2. The Swiss import regime for products specified in Table I is laid down in Table IV.

3. If the Swiss domestic reference price is lower than the Community's domestic reference price, the Community may introduce the price compensation measures as laid down in Article 2 that is the levying of agricultural components upon import, in accordance with Regulation (EC) No 1460/96 as subsequently amended.

Article 4

Price compensation measures on exports

1. The Swiss export refunds or refunds, remissions or non-payments, partial or complete, of customs duties or charges having an equivalent effect for exports to the Community for products listed in Table I shall not exceed the difference between the Swiss domestic reference price and the Community's domestic reference price for the agricultural raw materials used in the manufacture of these products multiplied by the quantities actually used. If the Swiss domestic reference price is equal or lower than the Community's domestic reference price, the Swiss export refund or refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect shall be zero.

2. If the Swiss domestic reference price is lower than the Community's domestic reference price, the Community may introduce the price compensation measures as laid down in Article 2 that is the granting of export refunds, in accordance with Regulation (EC) No 1520/2000 as subsequently amended, or the granting of refunds, remissions or non-payments, partial or complete of customs duties or charges having an equivalent effect.

3. For sugar (HS headings 1701, 1702 and 1703) used in the manufacture of products listed in Table I and Table II the Contracting Parties may not grant any export refunds or any refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect.

Article 5

Reference prices

1. The Community and Swiss domestic reference prices for agricultural raw materials mentioned in Articles 3 and 4 are listed in Table III.

2. The Contracting Parties shall periodically, at least once every year, provide to the Joint Committee the domestic reference prices of all raw materials for which price compensation measures are applied. The domestic reference prices, which are provided, shall reflect the actual price situation in the territory of the Contracting Party. They shall be the prices normally paid at the wholesale or the manufacturing stage by processing industries. If an agricultural raw material is available to the processing industry, or to a part of it, at a price lower than the one otherwise ruling on the domestic market, the domestic reference prices provided shall be adjusted accordingly.

3. The Joint Committee shall fix the domestic reference prices and the price differences, for agricultural raw materials listed in Table III on the basis of the information provided by the services of the European Commission and the Swiss Federal Administration. If necessary for the preservation of the relative preferential margins, the basic amounts of the agricultural raw materials listed in Table IV shall be adapted.

4. The Joint Committee shall review the domestic prices for agricultural raw materials mentioned in Articles 3 and 4 that are listed in Table III prior to the application of this Protocol.

Article 6

Special provision on administrative cooperation

Special provisions on administrative cooperation are laid down in the Appendix to this Protocol.

Article 7

Amendments

The Joint Committee may decide to amend the tables, the appendices to the tables and the Appendix attached to this Protocol.

TABLE I

Products subject to price compensation measures







HS heading Description of products 0403 Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: .10 – Yogurt: ex .10 – – Flavoured or containing added fruit, nuts or cocoa .90 – Other: ex .90 – – Flavoured or containing added fruit, nuts or cocoa 0405 Butter and other fats and oils derived from milk; dairy spreads: .20 – Dairy spreads: ex .20 – Of a fat content, by weight, of 39 % or more but less than 75 % 1517 Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516: .10 – Margarine, excluding liquid margarine: ex .10 – – Containing more than 10 % but not more than 15 % by weight of milk fats .90 – Other: ex .90 – – Containing more than 10 % but not more than 15 % by weight of milk fats 1704 Sugar confectionery (including white chocolate), not containing cocoa: 1806 Chocolate and other food preparations containing cocoa: 1901 Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa powder or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: 1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included: 1905 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: .10 – Potatoes: ex .10 – – In the form of flour, meal or flakes 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: .20 – Potatoes: ex .20 – In the form of flour, meal or flakes 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: – Nuts, ground-nuts and other seeds, whether or not mixed together: .11 – – Ground-nuts: ex .11 – – – Peanut butter 2101 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: – Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: .12 – – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: ex .12 – – – Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch .20 – Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté: ex .20 – Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch 2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: .20 – Tomato ketchup and other tomato sauces .90 – Other: ex .90 – – Other than mango chutney, liquid 2104 Soups and broths and preparations therefor; homogenised composite food preparations 2105 Ice cream and other edible ice, whether or not containing cocoa: 2106 Food preparations not elsewhere specified or included: .10 – Protein concentrates and textured protein substances: ex .10 – – Containing more than 1 % milk fats, 1 % other fats or more than 5 % sugars .90 – Other 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages: ex .90 – Other than undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol and other than concentrated grape juice containing added spirit 3501 Casein, caseinates and other casein derivatives; casein glues .10 – Casein .90 – Other: ex .90 – – Other than casein glues

TABLE II

Free-trade products







HS heading Description of products 0501 Human hair, unworked, whether or not washed or scoured; waste of human hair 0502 Pigs', hogs' or boars' bristles and hair; badger hair and other brush making hair; waste of such bristles or hair: 0503 Horsehair and horsehair waste, whether or not put up as a layer with or without supporting material 0505 Skins and other parts or birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers 10 – Feathers of a kind used for stuffing; down ex 90 – Other (other than for feed purposes) 0506 Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised; powder and waste of these products 0507 Ivory, tortoiseshell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape; powder and waste of these products 0508 Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof: ex 00 – Other (than for feed purposes) 0509 Natural sponges of animal origin: 0510 Ambergris, castoreum, civet and musk; cantharides; bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved 0710 Vegetables, frozen: 40 – Sweet corn (Zea mays var. saccharata) 0711 Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: 90 – Other vegetables; mixtures of vegetables: ex 90 – – Sweet corn (Zea mays var. saccharata) 0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: 0902 Tea, whether or not flavoured: 0903 Maté 1212 Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: ex 20 – Seaweeds and other algae (other than for feed purposes) 1302 Vegetables saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: 1401 Vegetable materials of a kind used primarily for plaiting (for example bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark): 1402 Vegetable materials of a kind used primarily as stuffing or as padding (for example kapok, vegetable hair and eelgrass), whether or not put up as a layer with or without supporting material 1403 Vegetable materials of a kind used primarily in brooms or in brushes (for example broomcorn piassava, couch grass and istle), whether or not in hanks or bundles 1404 Vegetable products not elsewhere specified or included: 10 – Raw vegetable materials of a kind used primarily in dyeing and tanning 20 – Cotton linters ex 90 – Other (other than for feed purposes) 1505 Wool grease and fatty substances derived therefrom (including lanolin): ex 00 – Other (than for feed purposes) 1516 Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared: 20 – Vegetable fats and oils and their fractions: ex 20 – – Hydrogenated caster oil, so called ‘opal-wax’ 1517 Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516: 90 – Other: ex 90 – – Edible mixtures or preparations of a kind used as mould release preparations 1518 Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas otherwise chemically modified, excluding those of heading 1516; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, not elsewhere specified or included: ex 00 – Linoxyn 1520 Glycerol, crude; glycerol waters and glycerol lyes 1521 Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured 1522 Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes 1702 Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: 50 – Chemically pure fructose 90 – Other, including invert sugar and other sugar syrup blends containing in the dry state 50 % by weight of fructose: ex 90 – – Chemically pure maltose (other than for feed purposes) 1803 Cocoa paste, whether or not defatted: 1804 Cocoa butter, fat and oil 1805 Cocoa powder, not containing added sugar or other sweetening matter 1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms 2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: 90 – Other: ex 90 – – Sweet corn (Zea mays var. saccharata); palm hearts; yams, sweet potatoes and similar edible parts of plants of heading 0714 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: 90 – Other vegetables and mixtures of vegetables: ex 90 – – Sweet corn (Zea mays var. saccharata) 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: 80 – Sweet corn (Zea mays var. saccharata) 2006 Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised): ex 00 – Sweet corn (Zea mays var. saccharata) 2007 Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter: 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: – Nuts, ground-nuts and other seeds, whether or not mixed together: 11 – – Ground-nuts: ex 11 – – – Ground nuts, roasted – Other, including mixtures other than those of subheading 2008 19: 91 – – Palm Hearts 99 – – Other: ex 99 – – – Maize (corn), other than sweet corn (Zea mays var. saccharata) 2101 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: – Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: 11 – – Extracts, essences and concentrates: 12 – – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: ex 12 – – – Containing no milk fats, milk proteins, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 2,5 % milk proteins, 5 % sucrose or isoglucose 5 % glucose or starch 20 – Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté: ex 20 – – Containing no milk fats, milk proteins, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 2,5 % milk proteins, 5 % sucrose or isoglucose, 5 % glucose or starch 30 – Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: 2102 Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002); prepared baking powders: ex 10 – Active yeasts (other than bakers' yeast and other than for feeding purposes) ex 20 – Inactive yeasts; other single-cell micro-organisms, dead (other than for feed purposes) 30 – Prepared baking powders 2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: 10 – Soya sauce 30 – Mustard flour and meal and prepared mustard: ex 30 – – Mustard flour and meal other than for feed purposes; prepared mustard 90 – Other: ex 90 – – Mango chutney, liquid 2106 Food preparations not elsewhere specified or included: 10 – Protein concentrates and textured protein substances: ex 10 – – Other than containing more than 1 % milk fats, 1 % other fats or more than 5 % sugars 2201 Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter not flavoured; ice and snow 2202 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 2009: 10 – Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured ex 90 – Other than fruit juice or vegetable juice diluted with water or aerated 2203 Beer made from malt: 2205 Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances: 2207 Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength: 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages: 20 – Spirits obtained by distilling grape wine or grape marc: 30 – Whiskies: 40 – Rum and tafia: 50 – Gin and Geneva: 60 – Vodka: 70 – Liqueurs and cordials: 2209 Vinegar and substitutes for vinegar obtained from acetic acid:

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TABLE III







EU and Swiss domestic reference prices Agricultural Raw material Swiss domestic reference price EU domestic reference price Article 4(1) Applied on Swiss side Difference Swiss/EU reference price Article 3(3) Applied on EU side Difference Swiss/EU reference price CHF per 100 kg net CHF per 100 kg net CHF per 100 kg net EUR per 100 kg net Common wheat 52,60 32,55 20,05 0,00 Durum wheat — — 1,20 0,00 Rye 44,50 27,65 16,85 0,00 Barley — — — — Maize — — — — Common wheat flour 95,50 57,15 38,35 0,00 Whole-milk powder 603,80 348,65 255,15 0,00 Skimmed-milk powder 419,50 316,45 103,05 0,00 Butter 1 037,65 383,65 654,00 0,00 White sugar — — — — Eggs — — 38,00 0,00 Fresh potatoes 42,10 31,35 10,75 0,00 Vegetable fat — — 170,00 0,00

▼B

TABLE IV

Swiss Import Regime

(a) The customs duty for the products listed in the Appendix to this Table is an agricultural component calculated on the basis of the net mass. The standard recipes are specified in the Appendix.

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(b) The basic amounts for agricultural raw materials taken into account for the calculation of the agricultural components:



Agricultural raw material Applied basic amount on the Swiss side Art 3(2) Applied basic amount on the EU side Art 4(2) CHF per 100 kg net EUR per 100 kg net Common wheat 17,00 0,00 Durum wheat 1,00 0,00 Rye 14,00 0,00 Barley — — Maize — — Common wheat flour 33,00 0,00 Whole-milk powder 217,00 0,00 Skimmed-milk powder 88,00 0,00 Butter 514,00 0,00 White sugar — — Eggs 32,00 0,00 Fresh potatoes 9,00 0,00 Vegetable fat 145,00 0,00

▼B

(c) The customs duty for the products listed in the table below is zero.



Swiss tariff heading Comments 1901.9099 1904.9020 1905.9040 2103.2000 ex 2103.9000 Other than mango chutney, liquid 2104.1000 2106.9010 2106.9024 2106.9029 2106.9030 2106.9040 2106.9099 2208.9099

(d) As from the application of this Protocol the customs duties for the products listed in the table below are reduced to zero in three equal yearly steps.



Swiss tariff heading Applied duty as from the entry into force Applied duty as from one year after the entry into force Applied duty as from two years after the entry into force CHF per 100 kg gross CHF per 100 kg gross CHF per 100 kg gross 2208.9021 27,30 13,70 0,00 2208.9022 46,70 23,30 0,00

(e) The tariff headings set out in this Table refer to those applicable in Switzerland on 1 January 2002. Notwithstanding Article 12bis of the Agreement, the terms of this Table will not be affected by any changes that may be made in the tariff nomenclature.

Appendix to Table IV

Swiss standard recipes

The standard recipes referred to in Table IV, paragraph a (Swiss Import Regime) used in the calculation of the agricultural components are specified in the table below.







Swiss tariff heading Comments Common wheat Durum wheat Rye Barley Maize Common wheat flour Whole-milk powder Skimmed-milk powder Butter Sugar Eggs Fresh potatoes Vegetable fat Kg of raw material per 100 kg net of finished product 0403.1010 6 8 20 0403.1020 10 8 15 0403.9031 20 18 0403.9041 10 8 0403.9049 10 8 0403.9061 20 20 15 ex 0403.9071 Containing more than 1 % but not more than 3 % by weight of milk fat 8 12 15 ex 0403.9071 Containing more than 3 % by weight of milk fat 15 12 15 ex 0405.2010 Of a fat content, by weight, of 39 % or more but less than 75 % 6 85 9 ex 0405.2090 Of a fat content, by weight, of 39 % or more but less than 75 % 6 85 9 ex 1517.1010 Containing more than 10 % but not more than 15 % by weight of milk fat 15 80 ex 1517.1061 Containing more than 10 % but not more than 15 % by weight of milk fat 15 80 ex 1517.1069 Containing more than 10 % but not more than 15 % by weight of milk fat 15 80 ex 1517.1071 Containing more than 10 % but not more than 15 % by weight of milk fat 15 40 ex 1517.1079 Containing more than 10 % but not more than 15 % by weight of milk fat 15 40 ex 1517.1081 Containing more than 10 % but not more than 15 % by weight of milk fat 15 25 ex 1517.1089 Containing more than 10 % but not more than 15 % by weight of milk fat 15 25 ex 1517.1091 Containing more than 10 % but not more than 15 % by weight of milk fat 15 10 ex 1517.1099 Containing more than 10 % but not more than 15 % by weight of milk fat 15 10 ex 1517.9010 Containing more than 10 % but not more than 15 % by weight of milk fat 15 85 ex 1517.9061 Containing more than 10 % but not more than 15 % by weight of milk fat 15 85 ex 1517.9069 Containing more than 10 % but not more than 15 % by weight of milk fat 15 85 1704.1010 16 74 1704.1020 32 65 1704.1030 40 52 1704.9010 20 45 1704.9020 21 53 1704.9031 16 40 1704.9032 16 10 1704.9041 24 80 1704.9042 56 60 1704.9043 72 37 1704.9050 61 46 10 1704.9060 61 11 45 1704.9091 80 1704.9092 60 1704.9093 40 1806.1010 90 1806.1020 60 1806.2011 105 1806.2012 85 15 1806.2013 45 30 1806.2014 70 10 1806.2015 25 55 1806.2019 70 10 1806.2091 28 50 1806.2092 20 50 1806.2093 11 55 ex 1806.2094 Containing more than 15 % by weight of fat 55 20 ex 1806.2094 Containing not more than 15 % by weight of fat 55 8 ex 1806.2095 Containing more than 15 % by weight of fat 6 8 45 20 ex 1806.2095 Containing more than 2 % but not more than 15 % by weight of fat 6 8 45 8 1806.2096 6 8 45 ex 1806.2097 Containing more than 20 % by weight of fat 45 30 ex 1806.2097 Containing more than 2 % but not more than 20 % by weight of fat 45 10 1806.2099 55 1806.3111 12 2 40 5 1806.3119 6 8 45 1806.3121 45 15 1806.3129 55 1806.3211 28 50 1806.3212 17 50 1806.3213 9 55 1806.3290 55 ex 1806.9011 Containing more than 15 % by weight of fat 6 8 45 17 ex 1806.9011 Containing more than 8 % but not more than 15 % by weight of fat 6 8 45 12 ex 1806.9011 Containing more than 2 % but not more than 8 % by weight of fat 6 8 45 6 1806.9019 6 8 45 ex 1806.9021 Containing more than 15 % by weight of fat 45 17 ex 1806.9021 Containing more than 8 % but not more than 15 % by weight of fat 45 12 ex 1806.9021 Containing more than 2 % but not more than 8 % by weight of fat 45 6 1806.9029 55 1901.1011 30 50 20 ex 1901.1012 Containing more than 3 % but not more than 6 % by weight of milk fat 40 15 18 20 4 ex 1901.1012 Containing more than 6 % but not more than 12 % by weight of milk fat 40 25 10 20 4 ex 1901.1013 Containing more than 1 % but not more than 1,5 % by weight of milk fat 40 4 18 20 4 ex 1901.1013 Containing more than 1,5 % but not more than 3 % by weight of milk fat 40 10 18 20 4 1901.1021 30 55 18 1901.1022 35 65 1901.2011 50 10 8 5 1901.2012 50 10 8 5 1901.2018 50 10 8 5 1901.2019 50 10 8 5 1901.2081 55 5 40 1901.2082 70 10 20 ex 1901.2083 Containing more than 1 % but not more than 3 % by weight of milk fat 52 6 1 15 8 5 ex 1901.2083 Containing more than 3 % but not more than 6 % by weight of milk fat 52 8 4 15 8 5 ex 1901.2083 Containing more than 6 % but not more than 12 % by weight of milk fat 52 10 10 15 8 5 1901.2091 50 50 1901.2092 50 22 25 ex 1901.2093 Containing more than 1 % but not more than 3 % by weight of milk fat 55 3 20 10 ex 1901.2093 Containing more than 3 % but not more than 6 % by weight of milk fat 55 6 20 10 ex 1901.2093 Containing more than 6 % but not more than 12 % by weight of milk fat 55 12 20 10 1901.2099 75 5 20 1901.9011 60 5 2 5 1901.9012 60 5 2 5 1901.9018 60 5 2 5 1901.9019 60 5 2 5 1901.9021 166 1901.9022 140 1901.9031 10 25 100 1901.9032 15 25 70 1901.9033 25 40 30 1901.9034 5 85 10 1901.9035 5 40 55 1901.9036 50 4 40 10 1901.9037 50 40 10 1901.9041 15 25 60 1901.9042 15 40 40 10 1901.9043 40 1901.9044 40 10 1901.9045 10 1901.9046 12 15 1901.9047 20 15 1901.9081 45 5 50 1901.9082 50 15 20 15 1901.9089 54 10 8 15 8 5 1901.9091 35 60 5 1901.9092 50 22 25 1901.9093 15 55 20 20 1901.9094 30 60 20 1901.9095 20 5 1901.9096 20 8 30 ex 1902.1100 Not containing common wheat, rye, barley, maize nor potatoes; other than for feed purposes 145 15 ex 1902.1100 Others 30 115 15 ex 1902.1900 Not containing common wheat, rye, barley, maize nor potatoes; other than for feed purposes 160 ex 1902.1900 Others 30 130 1902.2000 60 20 10 1902.3000 60 20 10 ex 1902.4010 For human consumption 160 ex 1902.4010 Others 30 130 1902.4090 60 20 10 1904.1010 25 15 5 13 5 1904.1090 110 20 1904.2000 35 5 5 3 2 6 1904.3000 120 1904.9010 80 1904.9090 100 5 1905.1010 136 1905.1020 125 10 ex 1905.2010 Containing more than 1 % but not more than 3 % by weight of milk fat 35 3 25 ex 1905.2010 Containing more than 3 % but not more than 9 % by weight of milk fat 35 8 25 ex 1905.2010 Containing more than 9 % by weight of milk fat 35 10 25 1905.2020 35 25 15 1905.2030 50 25 ex 1905.3110 Containing more than 1 % but not more than 3 % by weight of milk fat 50 3 20 12 ex 1905.3110 Containing more than 3 % but not more than 6 % by weight of milk fat 50 6 20 9 ex 1905.3110 Containing more than 6 % but not more than 15 % by weight of milk fat 50 15 20 3 ex 1905.3110 Containing more than 15 % by weight of milk fat 50 20 20 ex 1905.3190 Containing more than 1 % but not more than 3 % by weight of fat 50 20 2,5 ex 1905.3190 Containing more than 3 % but not more than 6 % by weight of fat 50 20 5 ex 1905.3190 Containing more than 6 % but not more than 15 % by weight of fat 50 20 13 ex 1905.3190 Containing more than 15 % by weight of fat 50 20 20 1905.3210 95 1905.3220 40 20 25 1905.4010 90 5 1905.4021 80 5 5 1905.4029 40 25 15 1905.9021 105 1905.9025 105 1905.9029 16 95 1905.9031 110 1905.9032 105 1905.9039 16 95 1905.9071 50 10 8 5 1905.9072 50 10 8 5 1905.9078 50 10 8 5 1905.9079 50 10 8 5 1905.9091 5 370 35 1905.9092 85 10 1905.9093 35 8 25 8 ex 1905.9094 Breadcrumbs 105 ex 1905.9094 Other than breadcrumbs 35 25 8 15 ex 1905.9095 Breadcrumbs 105 ex 1905.9095 Other than breadcrumbs 50 25 ex 2004.1011 In form of flour, meal or flakes 5 570 ex 2004.1019 In form of flour, meal or flakes 5 570 ex 2004.1091 In form of flour, meal or flakes 5 570 ex 2004.1099 In form of flour, meal or flakes 5 570 2005.2011 5 570 2005.2012 2 8 410 2 2008.1110 25 ex 2101.1210 Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch 20 45 15 ex 2101.1290 Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch 10 35 10 ex 2101.2010 Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch 20 55 ex 2101.2090 Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch 10 35 2104.2000 5 40 3 ex 2105.0000 Containing no milk fats or containing not more than 3 % by weight of milk fats, containing no other fats or containing not more than 3 % by weight of other fats 10 20 ex 2105.0000 Containing no milk fats or containing not more than 3 % by weight of milk fats, containing more than 3 % but not more than 10 % by weight of other fats 10 20 7 ex 2105.0000 Containing no milk fats or containing not more than 3 % by weight of milk fats, containing more than 10 % by weight of other fats 10 20 13 ex 2105.0000 Containing more than 3 % but not more than 7 % by weight of milk fats 10 7 20 ex 2105.0000 Containing more than 7 % but not more than 10 % by weight of milk fats 10 11 20 ex 2105.0000 Containing more than 10 % but not more than 13 % by weight of milk fats 10 14 20 ex 2105.0000 Containing more than 13 % by weight of milk fats 10 19 20 2106.1011 10 12 10 10 5 2106.9021 75 2106.9022 55 2106.9023 45 2106.9070 15 1 5 5 5 2106.9081 100 10 ex 2106.9085 Containing more than 20 % but not more than 35 % by weight of milk fat 35 40 ex 2106.9085 Containing more than 35 % but not more than 50 % by weight of milk fat 50 40 ex 2106.9086 Containing more than 20 % but not more than 35 % by weight of milk fat 35 ex 2106.9086 Containing more than 35 % but not more than 50 % by weight of milk fat 50 ex 2106.9087 Containing more than 3 % but not more than 6 % by weight of milk fat 10 6 5 30 ex 2106.9087 Containing more than 6 % but not more than 12 % by weight of milk fat 10 12 5 30 ex 2106.9087 Containing more than 12 % but not more than 20 % by weight of milk fat 10 20 5 30 ex 2106.9088 Containing more than 1 % but not more than 1,5 % by weight of milk fat 10 5 30 30 ex 2106.9088 Containing more than 1,5 % but not more than 3 % by weight of milk fat 10 10 30 30 ex 2106.9091 Containing more than 40 % but not more than 60 % by weight of fat 20 50 ex 2106.9091 Containing more than 60 % by weight of fat 20 70 ex 2106.9092 Containing more than 10 % but not more than 25 % by weight of fat 15 25 6 18 ex 2106.9092 Containing more than 25 % but not more than 40 % by weight of fat 15 25 6 32 ex 2106.9093 Containing more than 1 % but not more than 5 % by weight of fat 10 35 5 ex 2106.9093 Containing more than 5 % but not more than 10 % by weight of fat 10 35 10 2106.9094 60 2106.9095 5 35 2106.9096 40 20 ex 3501.1010 Other than casein glues 301 ex 3501.1090 Other than casein glues 301 ex 3501.9010 Other than casein glues 301 ex 3501.9090 Other than casein glues 301

Appendix to Protocol 2

Provisions on administrative cooperation

1. The Contracting Parties agree that administrative cooperation is essential for the implementation and the control of the preferential treatment granted under this Protocol and underline their commitment to combat irregularities and fraud in customs and related matters.

2. Where a Contracting Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud under this Protocol, the Contracting Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Annex.

3. For the purpose of this Appendix a failure to provide administrative cooperation shall mean, inter alia: (a) a repeated failure to respect the obligations to verify the originating status of the product(s) concerned; (b) a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin; (c) a repeated refusal or undue delay in obtaining authorisation to conduct administrative cooperation missions to verify the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question. For the purpose of this Appendix a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the other Contracting Party that is linked to objective information concerning irregularities or fraud.

4. The application of a temporary suspension shall be subject to the following conditions: (a) the Contracting Party which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud in customs and related matters shall without undue delay notify the Joint Committee of its finding together with the objective information and enter into consultations within the Joint Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Contracting Parties; (b) where the Contracting Parties have entered into consultations within the Joint Committee as above and have failed to agree on an acceptable solution within three months following the notification, the Contracting Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the Joint Committee without undue delay; (c) temporary suspensions under this Appendix shall be limited to that necessary to protect the financial interests of the Contracting Party concerned. They shall not exceed a period of six months, which may be renewed. Temporary suspensions shall be notified immediately after their adoption to the Joint Committee. They shall be subject to periodic consultations within the Joint Committee in particular with a view to their termination as soon as the conditions for their application are no longer given;