02002A0430(04) — EN — 01.07.2017 — 005.004

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Amended by:





Corrected by:









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AGREEMENT

between the European Community and the Swiss Confederation on trade in agricultural products







THE EUROPEAN COMMUNITY, hereinafter referred to as the ‘Community’, and THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’, together referred to hereinafter as ‘the Parties’, RESOLVED gradually to eliminate the barriers affecting the bulk of their trade in accordance with the provisions on the establishment of free-trade areas in the Agreement establishing the World Trade Organisation, Whereas, in Article 15 of the Free Trade Agreement of 22 July 1972, the Parties declared their readiness to foster, so far as their agricultural policies allow, the harmonious development of trade in agricultural products to which that Agreement does not apply, HAVE AGREED AS FOLLOWS:







Article 1

Objective

1. The objective of this Agreement shall be to strengthen the free-trade relations between the Parties by improving the access of each to the market in agricultural products of the other.

2. ‘Agricultural products’ means the products listed in Chapters 1 to 24 of the International Convention on the Harmonised Commodity Description and Coding System. For the purposes of applying Annexes 1, 2 and 3 to this Agreement, the products falling under Chapter 3 and headings 16.04 and 16.05 of the Harmonised System and the products covered by CN codes 0511 91 10 , 0511 91 90 , 1902 20 10 and 2301 20 00 shall be excluded.

3. This Agreement shall not apply to the subjects covered by Protocol 2 to the Free Trade Agreement, with the exception of the relevant concessions granted in Annexes 1 and 2 hereto.

Article 2

Tariff concessions

1. Without prejudice to the concessions set out in Annex 3, the tariff concessions granted by Switzerland to the Community shall be as listed in Annex 1 hereto.

2. Without prejudice to the concessions set out in Annex 3, the tariff concessions granted by the Community to Switzerland shall be as listed in Annex 2 hereto.

Article 3

Concessions regarding cheese

The specific provisions applicable to trade in cheeses shall be as set out in Annex 3 hereto.

Article 4

Rules on origin

The rules on origin mutually applicable under Annexes 1, 2 and 3 to this Agreement shall be as set out in Protocol 3 to the Free Trade Agreement.

Article 5

Removing technical barriers to trade

1. ►M19 The way technical obstacles to trade in agricultural products are to be reduced in the following fields shall be as set out in Annexes 4 to 12 hereto: ◄

— Annex 4 on plant health,

— Annex 5 on animal feed,

— Annex 6 on seeds,

— Annex 7 on trade in wine-sector products,

— Annex 8 on the mutual recognition and protection of names of spirit drinks and aromatised wine-based drinks,

— Annex 9 on organically produced agricultural products and foodstuffs,

— Annex 10 on recognition of conformity checks for fruit and vegetables subject to marketing standards,

— Annex 11 on animal health and zootechnical measures applicable to trade in live animals and animal products,

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— Annex 12 on the protection of designations of origin and geographical indications for agricultural products and foodstuffs.

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2. Article 1(2) and (3) and Articles 6, 7, 8, and 10 to 13 of this Agreement shall not apply to Annex 11.

Article 6

Joint Committee on Agriculture

1. A Joint Committee (hereinafter referred to as ‘the Committee’) made up of representatives of the Parties shall be set up.

2. The Committee shall be responsible for the administration of this Agreement and shall ensure its good functioning.

3. The Committee shall be empowered to adopt decisions as provided for in this Agreement and the Annexes hereto. Such decisions shall be implemented by the Parties in accordance with their own rules.

4. The Committee shall establish its own Rules of Procedure.

5. The Committee shall act by mutual agreement.

6. To ensure the proper implementation of this Agreement, the Parties shall hold consultations within the Committee at the request of either Party.

7. The Committee shall set up the working groups needed to administer the Annexes to this Agreement. Its Rules of Procedure shall specify, in particular, the membership of such working groups and the way they are to operate.

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8. The Committee is authorised to approve authentic versions of the agreement in new languages.

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Article 7

Settlement of disputes

Either Party may bring a matter under dispute which concerns the interpretation or application of this Agreement to the Committee. The latter shall endeavour to settle the dispute. Any information which might be of use in making possible an in-depth examination of the situation with a view to finding an acceptable solution shall be supplied to the Committee. To this end, the Committee shall examine all possibilities to maintain the good functioning of this Agreement.

Article 8

Exchange of information

1. The Parties shall exchange all relevant information regarding the implementation and application of this Agreement.

2. Each Party shall inform the other of any changes it intends to make to laws, regulations and administrative provisions within the scope of this Agreement and shall notify the other Party of any new provisions as soon as possible.

Article 9

Confidentiality

Representatives, experts and other agents of the Parties shall be required, even after their duties have ceased, not to disclose information, obtained in the framework of this Agreement, which is covered by the obligation of professional secrecy.

Article 10

Safeguard measures

1. Where, in connection with the application of Annexes 1, 2 and 3 to this Agreement and having regard to the special sensitivity of the agricultural markets of the Parties, imports of products originating in one Party cause or threaten to cause a serious disturbance on the markets of the other, the Parties shall immediately hold consultations to seek a suitable solution. Pending such a solution, the Party concerned may take any measures it deems necessary.

2. Where safeguard measures as provided for in paragraph 1 or in the other Annexes hereto are taken:

(a) the following procedures shall apply in the absence of specific provisions: — where either Party intends to implement safeguard measures with respect to part or all of the territory of the other, it shall inform the latter in advance, stating its reasons, — where either Party takes safeguard measures in respect of part or all of its own territory or that of a third country, it shall inform the other as soon as possible, — without prejudice to the possibility of putting the planned measures into force immediately, consultations shall be held between the two Parties as soon as possible with a view to finding suitable solutions, — where safeguard measures are taken by a Member State of the Community with respect to Switzerland, another Member State or a third country, the Community shall duly inform Switzerland as soon as possible;

(b) measures which least disrupt the way this Agreement operates must be given priority.

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Article 11

Amendments

The Committee may decide to amend the Annexes and Appendices to the Annexes to the Agreement.

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Article 12

Review

1. Where either Party seeks a review of this Agreement, it shall submit a reasoned request to the other.

2. The Parties may entrust the Committee with the task of considering any such request and, where appropriate, of putting forward recommendations, in particular with a view to holding negotiations.

3. Any agreements resulting from negotiations as provided for in paragraph 2 shall be submitted for ratification or approval by the Parties in accordance with their respective procedures.

Article 13

Evolutionary clause

1. The Parties hereby undertake to continue to work towards achieving gradually greater liberalisation of trade between them in agricultural products.

2. To that end, the Parties shall regularly review within the Committee the conditions governing trade between them in agricultural products.

3. In the light of the outcome of such considerations and of their respective agricultural policies and taking account of the sensitivity of the agricultural markets, the Parties may enter into negotiations under this Agreement with a view to further reducing obstacles to trade in agricultural products on a basis of reciprocal and mutually advantageous preferences.

4. Any agreements resulting from negotiations as provided for in paragraph 3 shall be submitted for ratification or approval by the Parties in accordance with their respective procedures.

Article 14

Implementation of the Agreement

1. The Parties shall take all steps, whether general or specific, to ensure the performance of the obligations arising from this Agreement.

2. They shall abstain from any measure which is liable to jeopardise the attainment of the objectives of this Agreement.

Article 15

Annexes

The Annexes to this Agreement, including the Appendices thereto, shall form an integral part thereof.

Article 16

Territorial scope

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, to the territory of Switzerland.

Article 17

Entry into force and duration

1. This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures. It shall enter into force on the first day of the second month following the final notification of the deposit of the instruments of ratification or approval of all the following seven Agreements:

Agreement on Trade in Agricultural Products

Agreement on the Free Movement of Persons

Agreement on Air Transport

Agreement on the Carriage of Goods and Passengers by Road and Rail

Agreement on Mutual Recognition in Relation to Conformity Assessment

Agreement on Certain Aspects of Government Procurement

Agreement on Scientific and Technological Cooperation.

2. This Agreement is concluded for an initial period of seven years. It shall be renewed indefinitely unless the Community or Switzerland notifies the other Party to the contrary before the initial period expires. In the event of such notification, the provisions of paragraph 4 shall apply.

3. Either the Community or Switzerland may terminate this Agreement by notifying the other Party of its decision. In the event of such notification, the provisions of paragraph 4 shall apply.

4. The seven Agreements referred to in paragraph 1 shall cease to apply six months after receipt of notification of non-renewal referred to in paragraph 2 or termination referred to in paragraph 3.

Hecho en Luxemburgo, el veintiuno de junio de mil novecientos noventa y nueve, en dos ejemplares en las lenguas alemana, danesa, española, finesa, francesa, griega, inglesa, italiana, neerlandesa, portuguesa y sueca, siendo cada uno de estos textos igualmente auténtico.

Udfærdiget i Luxembourg, den enogtyvende juni nitten hundrede og nioghalvfems i to eksemplarer på dansk, engelsk, finsk, fransk, græsk, italiensk, nederlandsk, portugisisk, spansk, svensk og tysk, idet hver af disse tekster har samme gyldighed.

Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig in zweifacher Ausfertigung in dänischer, deutscher, englischer, finnischer, französischer, griechischer, italienischer, niederländischer, portugiesischer, spanischer und schwedischer Sprache, wobei jeder dieser Wortlaute gleichermaßen verbindlich ist.

Έγινε στο Λουξεμβούργο, στις είκοσι μία Ιουνίου χίλια εννιακόσια ενενήντα εννέα, σε δύο ατνίτυπα στην αγγλική, γαλλική, γερμανική, δανική, ελληνική, ισπανική, ιταλική, ολλανδική, πορτογαλική, σουηδική και φινλανδική γλώσσα, όλα δε τα κείμενα αυτά είναι εξίσου αυθεντικά.

Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine, in duplicate in the Spanish, Danish, German, Greek, English, French, Italian, Dutch, Portuguese, Finnish and Swedish languages, each text being equally authentic.

Fait à Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf, en double exemplaire, en langues allemande, anglaise, danoise, espagnole, finnoise, française, grecque, italienne, néerlandaise, portugaise et suédoise, chacun de ces textes faisant également foi.

Fatto a Lussemburgo, addì ventuno giugno millenovecentonovantanove, in duplice esemplare, in lingua danese, finnica, francese, greca, inglese, italiana, olandese, portoghese, spagnola, svedese e tedesca. Ciascuna delle versioni linguistiche fa parimenti fede.

Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig, in twevoud, in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle talen gelijkelijk authentiek.

Feito no Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove, em dois exemplares, nas línguas alemã, dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, italiana, neerlandesa, portuguesa e sueca, fazendo igualmente fé qualquer dos textos.

Tehty Luxemburgissa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän kahtena kappaleena englannin, espanjan, hollannin, italian, kreikan, portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellä, ja jokainen teksti on yhtä todistusvoimainen.

Utfärdat i Luxemburg den tjugoförsta juni nittonhundranittionio i två exemplar på det danska, engelska, finska, franska, grekiska, italienska, nederländska, portugisiska, spanska, svenska och tyska språket, vilka samtliga texter är giltiga.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Por la Confederación Suiza

For Det Schweiziske Edsforbund

Für der Schweizerischen Eidgenossenschaft

Για την Ελβετική Συνομοσπονδία

For the Swiss Confederation

Pour la Confédération suisse

Per la Confederazione svizzera

Voor de Zwitserse Bondsstaat

Pela Confederação Suíça

Sveitsin valaliiton puolesta

På Schweiziska Edsförbundets vägnar

CONTENTS

ANNEX 1 Concessions granted by Switzerland ANNEX 2 Concessions granted by the Community ANNEX 3 ANNEX 4 on plant health Appendix 1: Plants, plant products and other objects Appendix 2: Legislation Appendix 3: Authorities which are to supply on request a list of the official bodies responsible for preparing plant health passports Appendix 4: Zones referred to in article 4 and special requirements relating to them Appendix 5: Exchange of information ANNEX 5 on animal feed Appendix 1 Appendix 2: List of legislative provisions referred to in Article 9 ANNEX 6 on seeds Appendix 1: Legislation Appendix 2: Seed inspection and certification bodies Appendix 3: Community derogations allowed by Switzerland Appendix 4: List of third countries ANNEX 7 on trade in wine-sector products Appendix 1: Wine-sector products referred to in Article 2 Appendix 2: Specific provisions referred to in Article 3(a) and (b) Appendix 3: List of instruments and technical provisions referred to in Article 4 relating to wine-sector products Appendix 4: Protected names referred to in Article 5 Appendix 5: Terms and conditions referred to in Articles 8(9) and 25(1)(b) ANNEX 8 on the mutual recognition and protection of names of spirit drinks and aromatised wine-based drinks Appendix 1: Geographical indications for spirit drinks originating in the european union Appendix 2: Protected names of spirit drinks originating in switzerland Appendix 3: Protected names of aromatised drinks originating in the Community Appendix 4: Protected names of aromatised drinks originating in Switzerland Appendix 5: List of instruments referred to in article 2 relating to spirit drinks, aromatised wine and aromatised drinks ANNEX 9 on organically produced agricultural products and foodstuffs Appendix 1: List of acts referred to in Article 3 relating to organically produced agricultural products and foodstuffs Appendix 2: Implementing rules ANNEX 10 On recognition of conformity checks for fresh fruit and vegetables subject to marketing standards Appendix 1: Swiss inspection bodies authorised to issue certificates of conformity as provided for in article 3 of annex 10 Appendix 2 ANNEX 11 on animal-health and zootechnical measures applicable to trade in live animals and animal products Appendix 1: Control measures/notification of diseases Appendix 2: Animal health: trade and placing on the market Appendix 3: Imports of live animals, their semen, ova and embryos from third countries Appendix 4: Zootechnical provisions, including those governing imports from third countries Appendix 5: Live animals, semen, ova and embryos: border checks and inspection fees Appendix 6: Animal products Appendix 7: Competent authorities Appendix 8: Adjustments to regional conditions Appendix 9: Guidelines on procedures for conducting audits Appendix 10: Animal products: border checks and payment of fees Appendix 11: Contact points ANNEX 12 on the protection of designations of origin and geographical indications for agricultural products and foodstuffs Appendix 1: Lists of the parties' gis which are protected by the other party Appendix 2 The parties' legislation

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ANNEX 1

Concessions granted by Switzerland

The tariff concessions set out below are granted by Switzerland for the following products originating in the Community and are, where applicable, subject to an annual quantity:







Swiss tariff heading Description Customs duty applicable (CHF/100 kg gross weight) Annual quantity (tonnes net weight) 0101 90 95 Live horses (excl. pure-bred horses for breeding and horses for slaughter) (in number of head) 0 100 head 0204 50 10 Goat meat, fresh, chilled or frozen 40 100 0207 14 81 Breasts of fowls of domestic species, frozen 15 2 100 0207 14 91 Cuts and edible offal of fowls of domestic species, including livers (excluding breasts), frozen 15 1 200 0207 27 81 Breasts of turkeys of domestic species, frozen 15 800 0207 27 91 Cuts and edible offal of turkeys of domestic species, including livers (excluding breasts), frozen 15 600 0207 33 11 Ducks of domestic species, not cut in pieces, frozen 15 700 0207 34 00 Fatty livers of ducks, geese or guinea fowls of domestic species, fresh or chilled 9,5 20 0207 36 91 Cuts and edible offal of ducks, geese or guinea fowls of domestic species, frozen (excluding fatty livers) 15 100 0208 10 00 Meat and edible offal of rabbits or hares, fresh, chilled or frozen 11 1 700 0208 90 10 Meat and edible offal of game, fresh, chilled or frozen (other than of hares or wild boar) 0 100 ex 0210 11 91 Hams and cuts thereof, with bone in, of swine (other than wild boar), salted or in brine, dried or smoked free 1 000 (1) ex 0210 19 91 Hams and cuts thereof, boneless, of swine (other than wild boar), salted or in brine, dried or smoked free 0210 20 10 Dried meat of bovine animals free 200 (2) ex 0407 00 10 Edible birds' eggs, in shell, fresh, preserved or cooked 47 150 ex 0409 00 00 Natural acacia honey 8 200 ex 0409 00 00 Natural honey, other (excluding acacia) 26 50 0602 10 00 Unrooted cuttings and slips free unlimited Plants in the form of pomaceous fruit rootstock (of seedling origin or produced by vegetative propagation): free (3) 0602 20 11 — grafted, bare rooted 0602 20 19 — grafted, with root ball 0602 20 21 — not grafted, bare rooted 0602 20 29 — not grafted, with root ball Plants in the form of stone fruit rootstock (of seedling origin or produced by vegetative propagation): free (3) 0602 20 31 — grafted, bare rooted 0602 20 39 — grafted, with root ball 0602 20 41 — not grafted, bare rooted 0602 20 49 — not grafted, with root ball Plants other than in the form of pomaceous or stone fruit rootstock (of seedling origin or produced by vegetative propagation), of kinds which bear edible fruit: free unlimited 0602 20 51 — bare rooted 0602 20 59 — other than bare rooted Trees, shrubs and bushes, of kinds which bear edible fruit, bare rooted: free (3) 0602 20 71 — of kinds which bear pomaceous fruit 0602 20 72 — of kinds which bear stone fruit 0602 20 79 — other than of kinds which bear pomaceous or stone fruit free unlimited Trees, shrubs and bushes, of kinds which bear edible fruit, with root ball: free (3) 0602 20 81 — of kinds which bear pomaceous fruit 0602 20 82 — of kinds which bear stone fruit 0602 20 89 — other than of kinds which bear pomaceous or stone fruit free unlimited 0602 30 00 Rhododendrons and azaleas, grafted or not free unlimited Roses, grafted or not: free unlimited 0602 40 10 — wild roses and wild rose stems — other than wild roses or wild rose stems: 0602 40 91 — bare rooted 0602 40 99 — other than bare rooted, with root ball Plants (of seedling origin or produced by vegetative propagation), of useful species; mushroom spawn: free unlimited 0602 90 11 — seedling vegetables and turf rolls 0602 90 12 — mushroom spawn 0602 90 19 — other than seedling vegetables, turf rolls or mushroom spawn Other live plants (including their roots): free unlimited 0602 90 91 — bare rooted 0602 90 99 — other than bare rooted, with root ball 0603 11 10 Cut roses of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October free 1 000 0603 12 10 Cut carnations of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October 0603 13 10 Cut orchids of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October 0603 14 10 Cut chrysanthemums of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October Cut flowers and flower buds (other than carnations, roses, orchids or chrysanthemums) of a kind suitable for bouquets or for ornamental purposes, fresh, from 1 May to 25 October: 0603 19 11 — woody 0603 19 19 — other than woody 0603 12 30 Cut carnations of a kind suitable for bouquets or for ornamental purposes, fresh from 26 October to 30 April free unlimited 0603 13 30 Cut orchids of a kind suitable for bouquets or for ornamental purposes, fresh from 26 October to 30 April 0603 14 30 Cut chrysanthemums of a kind suitable for bouquets or for ornamental purposes, fresh from 26 October to 30 April 0603 19 30 Cut tulips of a kind suitable for bouquets or for ornamental purposes, fresh, from 26 October to 30 April Other cut flowers and flower buds, of a kind suitable for bouquets or for ornamental purposes, fresh, from 26 October to 30 April: free unlimited 0603 19 31 — woody 0603 19 39 — other than woody Tomatoes, fresh or chilled: free 10 000 — cherry tomatoes: 0702 00 10 — from 21 October to 30 April — Peretti tomatoes (elongated): 0702 00 20 — from 21 October to 30 April — other tomatoes, of a diameter of 80 mm or more (beef tomatoes): 0702 00 30 — from 21 October to 30 April — other: 0702 00 90 — from 21 October to 30 April Iceberg lettuce, without outer leaf: free 2 000 0705 11 11 — from 1 January to the end of February Witloof chicory, fresh or chilled: free 2 000 0705 21 10 — from 21 May to 30 September 0707 00 10 Cucumbers for salad, 21 October to 14 April 5 200 0707 00 30 Pickling cucumbers, > 6 cm but =< 12 cm in length, fresh or chilled, from 21 October to 14 April 5 100 0707 00 31 Pickling cucumbers, > 6 cm but =< 12 cm in length, fresh or chilled, from 15 April to 20 October 5 2 100 0707 00 50 Gherkins, fresh or chilled 3,5 800 Aubergines (eggplants), fresh or chilled: free 1 000 0709 30 10 — from 16 October to 31 May 0709 51 00 0709 59 00 Mushrooms, fresh or chilled, of the genus Agaricus or other, with the exception of truffles free unlimited Sweet peppers, fresh or chilled: 2,5 unlimited 0709 60 11 — from 1 November to 31 March 0709 60 12 Sweet peppers, fresh or chilled, 1 April to 31 October 5 1 300 Courgettes (including courgette flowers), fresh or chilled: free 2 000 0709 90 50 — from 31 October to 19 April ex 0710 80 90 Mushrooms (uncooked or cooked by steaming or boiling in water), frozen free unlimited 0711 90 90 Vegetables and mixtures of 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 0 150 0712 20 00 Onions, dried, whole, cut, sliced, broken or in powder, but not further prepared 0 100 0713 10 11 Peas (Pisum sativum), dried, shelled, whole, unprocessed, for use as animal feed Rebate of 0,9 on the duty applied 1 000 0713 10 19 Peas (Pisum sativum), dried, shelled, whole, unprocessed (excluding those for use as animal feed, for technical purposes or for brewing) 0 1 000 Hazelnuts or filberts (Corylus spp.), fresh or dried: free unlimited 0802 21 90 — in shell, other than for use as animal feed or for oil extraction 0802 22 90 — shelled, other than for use as animal feed or for oil extraction 0802 32 90 Nuts free 100 ex 0802 90 90 Pine nuts, fresh or dried free unlimited 0805 10 00 Oranges, fresh or dried free unlimited 0805 20 00 Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids, fresh or dried free unlimited 0807 11 00 Watermelons, fresh free unlimited 0807 19 00 Melons, fresh, other than watermelons free unlimited Apricots, fresh, in open packings: free 2 100 0809 10 11 — from 1 September to 30 June in other packings: 0809 10 91 — from 1 September to 30 June 0809 40 13 Fresh plums, in open packings, from 1 July to 30 September 0 600 0810 10 10 Strawberries, fresh, from 1 September to 14 May free 10 000 0810 10 11 Strawberries, fresh, from 15 May to 31 August 0 200 0810 20 11 Raspberries, fresh, from 1 June to 14 September 0 250 0810 50 00 Kiwi fruit, fresh free unlimited ex 0811 10 00 Strawberries, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, not put up in packings for retail sale, intended for industrial use 10 1 000 ex 0811 20 90 Raspberries, blackberries, mulberries, loganberries and black, white or red currants, gooseberries, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, not put up in packings for retail sale, intended for industrial use 10 1 200 0811 90 10 Bilberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter 0 200 0811 90 90 Edible fruit, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter (excluding strawberries, raspberries, blackberries, mulberries, loganberries and black, white or red currants, gooseberries, bilberries and tropical fruit) 0 1 000 0904 20 90 Fruits of the genus Capsicum or of the genus Pimenta, dried or crushed or ground, processed 0 150 0910 20 00 Saffron free unlimited 1001 90 60 Wheat and meslin (except durum wheat), for use as animal feed Rebate of 0,6 on the duty applied 50 000 1005 90 30 Maize (corn) for use as animal feed Rebate of 0,5 on the duty applied 13 000 Virgin olive oil, other than for use as animal feed: 1509 10 91 — in glass containers holding 2 litres or less 60,60 (4) unlimited 1509 10 99 — in glass containers holding more than 2 litres or in other containers 86,70 (4) unlimited Olive oil and its fractions, whether or not refined, but not chemically modified, other than for use as animal feed: 1509 90 91 — in glass containers holding 2 litres or less 60,60 (4) unlimited 1509 90 99 — in glass containers holding more than 2 litres or in other containers 86,70 (4) unlimited ex 0210 19 91 Hams, in brine, boneless, enclosed in a bladder or in an artificial gut free 3 715 ex 0210 19 91 Piece of boneless chop, in brine and smoked 1601 00 11 1601 00 21 Sausages and similar products, of meat, meat offal or blood; food preparations based on these products of animals of headings 0101 to 0104 , excluding wild boars ex 0210 19 91 ex 1602 49 10 Pork neck, dried in air, seasoned or not, whole, in pieces or thinly sliced Tomatoes, whole or in pieces, prepared or preserved other than by vinegar or acetic acid: 2002 10 10 — in containers holding 5 kg or less 2,50 unlimited 2002 10 20 — in containers holding 5 kg or less 4,50 unlimited Tomatoes, prepared or preserved other than by vinegar or acetic acid, other than whole or in pieces: free unlimited 2002 90 10 — in containers holding more than 5 kg 2002 90 21 Tomato pulp, puree and concentrate, in hermetically sealed containers, with a dry matter content of 25 % or more by weight, consisting of tomatoes and water and possibly salt or other seasoning, in containers holding 5 kg or less free unlimited 2002 90 29 Tomatoes, prepared or preserved other than by vinegar or acetic acid, other than whole or in pieces, and other than tomato pulp, puree or concentrate: — in containers holding 5 kg or less free unlimited 2003 10 00 Mushrooms of the genus Agaricus, prepared or preserved other than by vinegar or acetic acid 0 1 700 Artichokes, prepared or preserved other than by vinegar or acetic acid, frozen, other than products of heading No 2006 : ex 2004 90 18 — in containers holding more than 5 kg 17,5 unlimited ex 2004 90 49 — in containers holding 5 kg or less 24,5 unlimited Asparagus, prepared or preserved other than by vinegar or acetic acid, not frozen, other than products of heading No 2006 : free unlimited 2005 60 10 — in containers holding more than 5 kg 2005 60 90 — in containers holding 5 kg or less Olives, prepared or preserved other than by vinegar or acetic acid, not frozen, other than products of heading No 2006 : free unlimited 2005 70 10 — in containers holding more than 5 kg 2005 70 90 — in containers holding 5 kg or less Capers and artichokes, prepared or preserved other than by vinegar or acetic acid, not frozen, other than products of heading No 2006 : ex 2005 99 11 — in containers holding more than 5 kg 17,5 unlimited ex 2005 99 41 — in containers holding 5 kg or less 24,5 unlimited 2008 30 90 Citrus fruit, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included free unlimited 2008 50 10 Apricot pulp, otherwise prepared or preserved, not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included 10 unlimited 2008 50 90 Apricots, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included 15 unlimited 2008 70 10 Peach pulp, otherwise prepared or preserved, not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included free unlimited 2008 70 90 Peaches, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included free unlimited Juice of any other single citrus fruit other than orange, grapefruit or pomelo, unfermented, not containing added spirit: ex 2009 39 19 — not containing added sugar or other sweetening matter, concentrated 6 unlimited ex 2009 39 20 — containing added sugar or other sweetening matter, concentrated 14 unlimited Dessert wines, specialities and mistelles in containers: 2204 21 50 — holding 2 litres or less (5) 8,5 unlimited 2204 29 50 — holding more than 2 litres (5) 8,5 unlimited ex 2204 21 50 Port, in containers holding 2 litres or less, as described (6) free 1 000 hl ex 2204 21 21 Retsina (a Greek white wine) in containers holding 2 litres or less, as described (7) free 500 hl Retsina (a Greek white wine) in containers holding more than 2 litres, as described (7), of an alcoholic strength: ex 2204 29 21 — of more than 13 % vol. ex 2204 29 22 — of 13 % vol. or less (1) Including 480 tonnes of Parma and San Daniele ham under the terms of the exchange of letters of 25 January 1972 between the Community and Switzerland. (2) Including 170 tonnes of bresaola under the terms of the exchange of letters of 25 January 1972 between the Community and Switzerland. (3) Subject to an overall annual quota of 60 000 plants. (4) Including the contribution to the guarantee fund for compulsory storage. (5) Covers only products specified in Annex 7 to the Agreement. (6) Description: ‘Port’ means a quality wine produced in a specified region (Oporto in Portugal) in accordance with Regulation (EC) No 1493/1999. (7) Description: ‘Retsina’ means a table wine within the meaning of the Community provisions referred to in point A.2 of Annex VII to Regulation (EC) No 1493/1999.

ANNEX 2

Concessions granted by the Community

The tariff concessions set out below are granted by the Community for the following products originating in Switzerland and are, where applicable, subject to an annual quantity:







CN code Description Customs duty applicable (EUR/100 kg net weight) Annual quantity (tonnes net weight) 0102 90 41 0102 90 49 0102 90 51 0102 90 59 0102 90 61 0102 90 69 0102 90 71 0102 90 79 Live bovine animals of a live weight exceeding 160 kg 0 4 600 head ex 0210 20 90 Meat of bovine animals, boneless, dried free 1 200 ex 0401 30 Cream, of a fat content, by weight, exceeding 6 % free 2 000 0403 10 Yogurt 0402 29 11 ex 0404 90 83 Special milk, for infants, in hermetically sealed containers of a net content not exceeding 500 g, of a fat content by weight exceeding 10 % (1) 43,8 unlimited 0602 Other live plants (including their roots), cuttings and slips; mushroom spawn free unlimited 0603 11 00 0603 12 00 0603 13 00 0603 14 00 0603 19 Cut flowers and flower buds, of a kind suitable for bouquets or for ornamental purposes, fresh free unlimited 0701 10 00 Seed potatoes, fresh or chilled free 4 000 0702 00 00 Tomatoes, fresh or chilled: free (2) 1 000 0703 10 19 0703 90 00 Onions other than sets, leeks and other alliaceous vegetables, fresh or chilled free 5 000 0704 10 00 0704 90 Cabbages, cauliflowers, kohlrabi, kale and other similar edible brassicas with the exception of Brussels sprouts, fresh or chilled free 5 500 0705 Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled free 3 000 0706 10 00 Carrots and turnips, fresh or chilled free 5 000 0706 90 10 0706 90 90 Salad beetroot, salsify, celeriac, radishes and similar edible roots, with the exception of horseradish (Cochlearia armoracia), fresh or chilled free 3 000 0707 00 05 Cucumbers, fresh or chilled free (2) 1 000 0708 20 00 Beans (Vigna spp., Phaseolus spp.), fresh or chilled free 1 000 0709 30 00 Aubergines (eggplants), fresh or chilled free 500 0709 40 00 Celery other than celeriac, fresh or chilled free 500 0709 51 00 0709 59 Mushrooms and truffles, fresh or chilled free unlimited 0709 70 00 Spinach, New Zealand spinach and orache spinach (garden spinach), fresh or chilled free 1 000 0709 90 10 Salad vegetables, other than lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled free 1 000 0709 90 20 Chard (or white beet) and cardoons free 300 0709 90 50 Fennel, fresh or chilled free 1 000 0709 90 70 Courgettes, fresh or chilled free (2) 1 000 0709 90 90 Other vegetables, fresh or chilled free 1 000 0710 80 61 0710 80 69 Mushrooms (uncooked or cooked by steaming or boiling in water), frozen free unlimited 0712 90 Dried vegetables, whole, cut, sliced, broken or in powder, whether or not obtained from cooked vegetables, but not further prepared, with the exception of onions, mushrooms and truffles free unlimited ex 0808 10 80 Apples, other than cider apples, fresh free (2) 3 000 0808 20 Pears and quinces, fresh free (2) 3 000 0809 10 00 Apricots, fresh free (2) 500 0809 20 95 Cherries, other than sour cherries (Prunus cerasus), fresh free (2) 1 500 (2) 0809 40 Plums and sloes, fresh free (2) 1 000 0810 10 00 Strawberries free 200 0810 20 10 Raspberries, fresh free 100 0810 20 90 Blackberries, mulberries and loganberries, fresh free 100 1106 30 10 Flour, meal and powder of bananas free 5 1106 30 90 Flour, meal and powder of other fruits of Chapter 8 free unlimited ex 0210 19 50 Hams, in brine, boneless, enclosed in a bladder or in an artificial gut free 1 900 ex 0210 19 81 Piece of boneless chop smoked ex 1601 00 Sausages and similar products, of meat, meat offal or blood; food preparations based on these products of animals of headings 0101 to 0104 , excluding wild boars ex 0210 19 81 ex 1602 49 19 Pork neck, dried in air, seasoned or not, whole, in pieces or thinly sliced ex 2002 90 91 ex 2002 90 99 Powdered tomatoes, whether or not containing added sugar, other sweetening matter or starch (4) free unlimited 2003 90 00 Mushrooms, other of the genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid free unlimited 0710 10 00 Potatoes, uncooked or cooked by steaming or boiling in water, frozen free 3 000 2004 10 10 2004 10 99 Potatoes, prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading No 2006 , with the exception of flour, meal or flakes 2005 20 80 Potatoes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 , with the exception of flour, meal or flakes and preparations that are thinly sliced, fried or baked, whether or not salted or flavoured, in airtight packings, suitable for immediate consumption ex 2005 91 00 ex 2005 99 Powdered preparations of vegetables and mixtures of vegetables, whether or not containing added sugar, other sweetening matter or starch (4) free unlimited ex 2008 30 Flaked or powdered citrus fruit, whether or not containing added sugar, other sweetening matter or starch (4) free unlimited ex 2008 40 Flaked or powdered pears, whether or not containing added sugar, other sweetening matter or starch (4) free unlimited ex 2008 50 Flaked or powdered apricots, whether or not containing added sugar, other sweetening matter or starch (4) free unlimited 2008 60 Cherries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included free 500 ex 0811 90 19 ex 0811 90 39 Cherries, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter 0811 90 80 Cherries, other than sour cherries (Prunus cerasus), uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter ex 2008 70 Flaked or powdered peaches, whether or not containing added sugar, other sweetening matter or starch (4) free unlimited ex 2008 80 Flaked or powdered strawberries, whether or not containing added sugar, other sweetening matter or starch (4) free unlimited ex 2008 99 Other flaked or powdered fruits, whether or not containing added sugar, other sweetening matter or starch (4) free unlimited ex 2009 19 Powdered orange juice, whether or not containing added sugar or other sweetening matter free unlimited ex 2009 21 00 ex 2009 29 Powdered grapefruit juice, whether or not containing added sugar or other sweetening matter free unlimited ex 2009 31 ex 2009 39 Powdered juices of any other citrus fruits, whether or not containing added sugar or other sweetening matter free unlimited ex 2009 41 ex 2009 49 Powdered pineapple juice, whether or not containing added sugar or other sweetening matter free unlimited ex 2009 71 ex 2009 79 Powdered apple juice, whether or not containing added sugar or other sweetening matter free unlimited ex 2009 80 Powdered juice of any other single fruit or vegetable, whether or not containing added sugar or other sweetening matter free unlimited (1) For the products of this subheading, ‘special milk for infants’ means products that are free of pathogenic and toxicogenic germs and which contain less than 10 000 revivifiable aerobic bacteria and less than two coliform bacteria per gram. (2) Where relevant, a specific duty and not the minimum duty should apply. (3) Including 1 000 tonnes under the terms of the Exchange of Letters of 14 July 1986. (4) See Joint Declaration on the tariff classification of powdered vegetables and powdered fruit.

▼M18

ANNEX 3

1. Bilateral trade in all products falling under heading 0406 of the Harmonised System is fully liberalised as from 1 June 2007 by abolishing all the tariffs and quotas.

2. The European Union shall not apply export refunds for cheeses exported to Switzerland. Switzerland shall not apply export subsidies ( 1 ) for cheeses exported to the European Union.

3. All products falling under CN code 0406 originating in the European Union or in Switzerland and traded between those two Parties are exempted from the presentation of an import licence.

4. The European Union and Switzerland shall ensure that the benefits they grant each other are not undermined by other measures affecting imports and exports.

5. Should the development of prices and/or imports give rise to a disturbance on the market of either Party, consultations shall be held as soon as possible within the Committee set up under Article 6 of the Agreement at the request of either Party with a view to finding appropriate solutions. In this connection, the Parties hereby agree to exchange information periodically on prices and any other relevant information on the market in locally produced and imported cheeses.

▼B

ANNEX 4

ON PLANT HEALTH

Article 1

Objective

►M14 1. ◄ The objective of this Annex shall be to facilitate trade between the Parties in plants, plant products and other objects subject to plant-health measures, originating in their respective territories or imported from third countries and listed in Appendix I to be drawn up by the Committee in accordance with Article 11 of the Agreement.

▼M14

2. By way of derogation from Article 1 of the Agreement, this Annex shall apply to all plants, plant products and other objects listed in Appendix 1, as referred to in paragraph 1.

▼B

Article 2

Principles

1. The Parties note that they have similar legislation concerning protective measures against the introduction and propagation of harmful organisms by plants, plant products or other objects having equivalent results in terms of protection against the introduction and propagation of organisms harmful to plants or plant products listed in Appendix 1 as provided for in Article 1. The same is also true of plant-health measures taken in respect of plants, plant products and other objects introduced from third countries.

2. The legislation referred to in paragraph 1 shall be listed in Appendix 2 to be drawn up by the Committee in accordance with Article 11 of the Agreement.

▼M14

3. The Parties mutually recognise the plant passports issued by the organisations that have been approved by the respective Authorities. A list of these organisations, as regularly updated, can be obtained from the Authorities listed in Appendix 3. Such passports shall attest conformity with their legislation as listed in Appendix 2 as provided for in paragraph 2 and shall be deemed to meet the documentary requirements laid down therein for the movement on the respective Parties' territories of plants, plant products and other objects listed in Appendix 1 as provided for in Article 1.

▼B

4. Plants, plant products and other objects as listed in Appendix 1 as provided for in Article 1 which are not subject to the plant passport arrangements applying to trade within the two Parties' territories may be traded between the two Parties without any plant passport, without prejudice, however, to other documents required under the Parties' respective laws, and in particular documents forming part of a system for tracing the origins of such plants, plant products and other objects to origin.

Article 3

1. Plants, plant products and other objects not explicitly listed in Appendix 1 as provided for in Article 1 and not subject to plant-health measures in either Party may be traded between them without documentary, identity, or plant-health checks in connection with plant-health measures.

2. Where either Party intends to adopt a plant-health measure in respect of plants, plant products and other objects referred to in paragraph 1, it shall inform the other Party.

3. Pursuant to Article 10(2), the Working Group on Plant Health shall assess the consequences for this Annex of changes in accordance with paragraph 2 with a view to proposing any amendments to the relevant appendices.

Article 4

Regional requirements

1. Each Party may lay down, by reference to similar criteria, specific requirements concerning movements of plants, plant products and other objects, regardless of their origin, within and to zones in its territory, where warranted by the plant-health situation in those zones.

2. Appendix 4, to be drawn up by the Committee in accordance with Article 11 of the Agreement, shall define the zones as referred to in paragraph 1 and the specific requirements relating thereto.

Article 5

Checks on imports

1. Each Party shall carry out plant-health sampling checks at a rate not exceeding a certain percentage of consignments of plants, plant products and other objects listed in Appendix 1 as provided for in Article 1. That percentage, to be proposed by the Working Group on Plant Health and set by the Committee, shall be determined by plant, plant product or other object in accordance with the plant-health risk. On the date of entry into force of this Annex, that percentage shall be 10 %.

2. Pursuant to Article 10(2) of this Annex, the Committee, acting on a proposal by the Working Group on Plant Health, may decide to reduce the rate of checks provided for in paragraph 1.

3. Paragraphs 1 and 2 shall apply only to plant-health checks of trade in plants, plant products and other objects between the two Parties.

4. Paragraphs 1 and 2 shall apply subject to Article 11 of the Agreement and Articles 6 and 7 of this Annex.

Article 6

Safeguard measures

Safeguard measures shall be taken in accordance with the procedures provided for in Article 10(2) of the Agreement.

Article 7

Derogations

1. If either Party intends to apply derogations with respect to part or all of the territory of the other Party, it shall inform the latter in advance, indicating its reasons. Without prejudice to the possibility of bringing the planned derogations into force immediately, consultations shall be held as soon as possible between the two Parties with a view to finding appropriate solutions.

2. If either Party applies derogations with respect to part of its territory or a third country, it shall inform the other Party in advance, indicating its reasons. Without prejudice to the possibility of bringing the planned derogations into force immediately, consultations shall be held as soon as possible between the two Parties with a view to finding appropriate solutions.

Article 8

Joint checks

1. Each Party shall agree to joint checks being carried out at the request of the other Party to assess the plant-health situation and measures having equivalent results as provided for in Article 2.

2. ‘Joint checks’ means a check conducted at the border to verify compliance with plant-health requirements of a consignment from either Party.

3. Such checks shall be carried out in accordance with the procedure adopted by the Committee on a proposal from the Working Group on Plant Health.

Article 9

Exchange of information

1. Pursuant to Article 8 of the Agreement, the Parties shall exchange all relevant information on the implementation and application of their laws, regulations and administrative provisions covered by this Annex and the notifications referred to in Appendix 5.

2. With a view to ensuring equivalence in application of the detailed rules for applying the legislation covered by this Annex, each Party shall, at the request of the other, agree to visits of experts from the latter on its territory, to be arranged in cooperation with the official plant-health organisation responsible for the territory concerned.

Article 10

Working Group on Plant Health

1. The Working Group on Plant Health, referred to as ‘the Working Group’, set up under Article 6(7) of the Agreement, shall consider all matters which may arise in connection with this Annex and its implementation.

2. The Working Group shall periodically consider the state of the laws and regulations of the Parties in the fields covered by this Annex. It may in particular put forward proposals to the Committee with a view to adapting and updating the Appendices hereto.

▼M27

Appendix 1

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS

A. Plants, plant products and other objects, originating in either Party, for which both Parties have similar legislation leading to equivalent results and recognition of the plant passport.

1. Plants and plant products

1.1. Plants of the genera Amelanchier Med., Chaenomeles Lindl., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Prunus L., other than Prunus laurocerasus L. and Prunus lusitanica L., Pyracantha Roem., Pyrus L. and Sorbus L., intended for planting, other than seeds,

1.2. Plants of Beta vulgaris L. and Humulus lupulus L., intended for planting, other than seeds

1.3. Plants of stolon- or tuber-forming species of Solanum L. or their hybrids, intended for planting

1.4. Plants of Fortunella Swingle, Poncirus Raf. and their hybrids, Casimiroa La Llave, Clausena Burm. f., Vepris Comm., Zanthoxylum L. and Vitis L., other than fruit and seeds

1.5. Without prejudice to point 1.6, plants of Citrus L. and their hybrids other than fruit and seeds

1.6. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles

1.7. Wood originating in the Union which has totally or partially retained its natural round surface, with or without bark, or which is presented in the form of chips, particles, sawdust, wood waste or scrap, (a) has been obtained in whole or part from Platanus L., including wood which has not kept its natural round surface; and (b) meets one of the descriptions of Annex I, Part II of Council Regulation (EEC) No 2658/87 ( 2 ), which appear in the table below:



CN code Description 4401 10 00 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms 4401 22 00 Non-coniferous wood, in chips or particles ex 4401 30 80 Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or similar forms 4403 10 00 Wood in the rough, treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared ex 4403 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives ex 4404 20 00 Non-coniferous split poles; piles and pickets of wood, pointed but not sawn lengthwise ex 4407 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

2. Plants, plant products and other objects produced by producers whose production and sale is authorised to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States of the Union or Switzerland, that the production thereof is clearly separate from that of other products 2.1. Plants, intended for planting (other than seeds) of the genera Abies Mill. and Apium graveolens L., Argyranthemum spp., Asparagus officinalis L., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC.) Des Moul., Dianthus L. and hybrids, Exacum spp., Fragaria L., Gerbera Cass., Gypsophila L., Impatiens L. (all varieties of New Guinea hybrids), Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L., Pelargonium l'Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr., Verbena L. and other plants of herbaceous species (other than plants of the family Gramineae) intended for planting (and other than bulbs, corms, rhizomes, seeds and tubers) 2.2. Plants of Solanaceae, other than those referred to in point 1.3 intended for planting, other than seeds 2.3. Plants of Araceae, Marantaceae, Musaceae, Persea spp. and Strelitziaceae, rooted or with growing medium attached or associated 2.4. Plants of Palmae, having a diameter of the stem at the base of over 5 cm and belonging to the following genera or species: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth., Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf. 2.5. Plants, seeds and bulbs: (a) Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. intended for planting and plants of Allium porrum L. intended for planting (b) Seeds of Medicago sativa L. (c) Seeds of Helianthus annuus L., Solanum lycopersicum L. and Phaseolus L.

3. Bulbs, corms, tubers and rhizomes of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston ‘Golden Yellow’, Dahlia spp., Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars and their hybrids of the genus Gladiolus Tourn. ex L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort., Hyacinthus L., Iris L., Ismene Herbert, Lilium spp., Muscari Miller, Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. and Tulipa L. intended for planting, produced by producers whose production and sale is authorised to persons professionally engaged in plant production, other than those plants, plant products and other objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the responsible official bodies of the Member States of the Union or Switzerland that the production thereof is clearly separate from that of other products.

B. Plants, plant products and other objects, originating outside the territories of the Parties, for which the plant-health provisions of both Parties relating to imports lead to equivalent results and which may be traded between them with a plant passport if they are listed in Part A of this Appendix or freely if not listed therein.

1. Without prejudice to the plants listed in part C of this Appendix, all plants intended for planting, other than seeds but including the seeds of: Cruciferae, Gramineae, Trifolium spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand and Uruguay, genera Triticum, Secale and X Triticosecale from Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA, Citrus L., Fortunella Swingle and Poncirus Raf. and their hybrids, Capsicum spp., Helianthus annuus L., Solanum lycopersicum L., Medicago sativa L., Prunus L., Rubus L., Oryza spp., Zea mais L., Allium ascalonicum L., Allium cepa L., Allium porrum L., Allium schoenoprasum L. and Phaseolus L.

2. Parts of plants, other than fruits and seeds, of: — Castanea Mill., Dendranthema (DC.) Des Moul., Dianthus L., Gypsophila L., Pelargonium l'Herit. ex Ait, Phoenix spp., Populus L., Quercus L., Solidago L. and cut flowers of Orchidaceae , — Conifers ( coniferales ) — Acer saccharum Marsh., originating in the USA and Canada — Prunus L., originating in non-European countries — Cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. and Trachelium L., originating in non-European countries — Leafy vegetables of Apium graveolens L., Ocimum L., Limnophila L. and Eryngium L. — Leaves of Manihot esculenta Crantz — Cut branches of Betula L. with or without foliage — Cut branches of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., with or without foliage, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA — Amiris P. Browne, Casimiroa La Llave, Citropsis Swingle & Kellerman, Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Merrillia Swingle, Naringi Adans., Tetradium Lour., Toddalia Juss. and Zanthoxylum L. 2.1. Parts of plants, other than fruits but including seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour. and Vepris Comm.

3. Fruits of: — Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, Momordica L. and Solanum melongena L. — Annona L., Cydonia Mill. Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium L., Pyrus L., Ribes L. Syzygium Gaertn., and Vaccinium L., originating in non-European countries. — Capsicum L.

4. Tubers of Solanum tuberosum L.

5. Isolated bark of: — conifers ( Coniferales ), originating in non-European countries, — Acer saccharum Marsh, Populus L., and Quercus L. other than Quercus suber L., — Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA — Betula L., originating in Canada and the USA.

6. Wood within the meaning of the first subparagraph of Article 2(2) of Council Directive 2000/29/EC ( 3 ), where it: (a) has been obtained in whole or part from one of the order, genera or species as described hereafter, except wood packaging material defined in Annex IV, Part A, Section I, Point 2 of Directive 2000/29/EC: — Quercus L., including wood which has not kept its natural round surface, originating in the USA, except wood which meets the description referred to in (b) of CN code 4416 00 00 and where there is documented evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum temperature of 176 °C for 20 minutes — Platanus L., including wood which has not kept its natural round surface, originating in the USA or Armenia — Populus L., including wood which has not kept its natural round surface, originating in countries of the American continent — Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the USA and Canada — Conifers ( Coniferales ), including wood which has not kept its natural round surface, originating in non-European countries, Kazakhstan, Russia and Turkey — Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., including wood which has not kept its natural round surface, originating in Canada, China, Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA — Betula L., including wood which has not kept its natural round surface, originating in Canada and the USA; and (b) meets one of the descriptions of Annex I, Part II of Regulation (EEC) No 2658/87, which appear in the table below:



CN code Description 4401 10 00 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms 4401 21 00 Coniferous wood, in chips or particles 4401 22 00 Non-coniferous wood, in chips or particles ex 4401 30 40 Sawdust, not agglomerated in logs, briquettes, pellets or similar forms ex 4401 30 80 Other wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms 4403 10 00 Wood in the rough, treated with paint, stains, creosote or other preservatives, not stripped of bark or sapwood, or roughly squared 4403 20 Coniferous wood in the rough, other than treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared 4403 91 Oak wood (Quercus spp.) in the rough, other than treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared ex 4403 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.), beech (Fagus spp.) or birch (Betula L.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives 4403 99 51 Sawlogs of birch (Betula L.) in the rough, whether or not stripped of bark or sapwood, or roughly squared 4403 99 59 Wood of birch (Betula L.) in the rough, whether or not stripped of bark or sapwood, or roughly squared, other than sawlogs ex 44 04 Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise 4406 Railway or tramway sleepers (cross-ties) of wood 4407 10 Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm 4407 91 Oak wood (Quercus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm ex 4407 93 Wood of Acer saccharum Marsh, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm 4407 95 Wood of ash (Fraxinus spp.) sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm ex 4407 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus spp.) or ash (Fraxinus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm 4408 10 Coniferous sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm 4416 00 00 Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves 9406 00 20 Pre-fabricated constructions made of wood

7. Soil and growing medium (a) Soil and growing medium as such, which consists in whole or in part of soil or solid organic substances such as parts of plants, humus including peat or bark, other than that composed entirely of peat. (b) Soil and growing medium, attached to or associated with plants, consisting in whole or in part of material specified in (a) or consisting in part of any solid inorganic substance, intended to sustain the vitality of the plants, originating in: — Turkey, — Belarus, Georgia, Moldova, Russia or Ukraine, — non-European countries, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia.

8. Grain of the genera Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa and the USA.

C. Plants, plant products and other objects, coming from either Party, for which the Parties do not have similar legislation and do not recognise the plant passport.

1. Plants and plant products coming from Switzerland which must be accompanied by a plant-health certificate when imported by a Member State of the Union 1.1. Plants intended for planting, not including seeds Not applicable 1.2. Parts of plants, not including fruit or seeds Not applicable 1.3. Seeds Not applicable 1.4. Fruits Not applicable 1.5. Wood which has totally or partially retained its natural round surface, with or without bark, or which is presented in the form of chips, particles, sawdust, wood waste or scrap (a) has been obtained in whole or part from Platanus L., including wood which has not kept its natural round surface; and (b) meets one of the descriptions of Annex I, Part II of Regulation (EEC) No 2658/87, which appear in the table below:



CN code Description 4401 10 00 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms 4401 22 00 Non-coniferous wood, in chips or particles ex 4401 30 80 Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or similar forms 4403 10 00 Wood in the rough, treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared ex 4403 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives ex 4404 20 00 Non-coniferous split poles; non-coniferous piles and pickets of wood, pointed but not sawn lengthwise ex 4407 99 Non-coniferous wood (other than tropical wood specified in subheading note 1 to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

2. Plants and plant products coming from a Member State of the Union which must be accompanied by a plant-health certificate when imported into Switzerland Not applicable

3. Plants and plant products coming from Switzerland importation of which into a Member State of the Union is prohibited Plants, not including fruit or seeds Not applicable

4. Plants and plant products coming from a Member State of the Union importation of which into Switzerland is prohibited Plants: Cotoneaster Ehrh. Photinia davidiana (Dcne.) Cardot ( (Dcne.) Cardot ( 4

Appendix 2

LEGISLATION ( 5 )

Provisions of the Union

— Council Directive 69/464/EEC of 8 December 1969 on control of potato wart disease

— Council Directive 74/647/EEC of 9 December 1974 on control of carnation leaf-rollers

— Commission Decision 91/261/EEC of 2 May 1991 recognising Australia as being free from Erwinia amylovora (Burr.) Winsl. et al.

— Commission Directive 92/70/EEC of 30 July 1992 laying down detailed rules for surveys to be carried out for purposes of the recognition of protected zones in the Community

— Commission Directive 92/90/EEC of 3 November 1992 establishing obligations to which producers and importers of plants, plant products or other objects are subject and establishing details for their registration

— Commission Directive 92/105/EEC of 3 December 1992 establishing a degree of standardisation for plant passports to be used for the movement of certain plants, plant products or other objects within the Community, and establishing the detailed procedures related to the issuing of such plant passports and the conditions and detailed procedures for their replacement

— Commission Decision 93/359/EEC of 28 May 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of wood of Thuja L., originating in the United States of America

— Commission Decision 93/360/EEC of 28 May 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of wood of Thuja L., originating in Canada

— Commission Decision 93/365/EEC of 2 June 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of heat-treated coniferous wood, originating in Canada, and establishing the details of the indicator system to be applied to the heat-treated wood

— Commission Decision 93/422/EEC of 22 June 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in Canada, and establishing the details of the indicator system to be applied to the kiln dried wood

— Commission Decision 93/423/EEC of 22 June 1993 authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of kiln dried coniferous wood, originating in the United States of America, and establishing the details of the indicator system to be applied to the kiln dried wood

— Commission Directive 93/50/EEC of 24 June 1993 specifying certain plants not listed in Annex V, Part A to Council Directive 77/93/EEC, the producers of which, or the warehouses, dispatching centres in the production zones of such plants, shall be listed in an official register

— Commission Directive 93/51/EEC of 24 June 1993 establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and moving within such a protected zone

— Council Directive 93/85/EEC of 4 October 1993 on the control of potato ring rot

— Commission Directive 94/3/EC of 21 January 1994 establishing a procedure for the notification of interception of a consignment or a harmful organism from third countries and presenting an imminent phytosanitary danger

— Commission Directive 98/22/EC of 15 April 1998 laying down the minimum conditions for carrying out plant health checks in the Community, at inspection posts other than those at the place of destination, of plants, plant products or other objects coming from third countries

— Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al.

— Commission Decision 98/109/EC of 2 February 1998 authorising Member States temporarily to take emergency measures against the dissemination of Thrips palmi Karny as regards Thailand

— Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

— Commission Decision 2002/757/EC of 19 September 2002 on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov.

— Commission Decision 2002/499/EC of 26 June 2002 authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea

— Commission 2002/887/EC Decision of 8 November 2002 authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in Japan

— Commission Decision 2004/200/EC of 27 February 2004 on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus

— Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks

— Implementing rules: when the point of entry of the plants, plant products and other objects listed in Appendix 1 coming from third countries is located in the territory of one of the Parties, but the point of destination is located in the territory of the other Party, the documentary, identity and plant health checks shall be carried out at the point of entry if there is no specific agreement between the competent authorities of the point of entry and the point of destination. Where there is a specific agreement between the competent authorities of the point of entry and the point of destination, this shall be by written agreement.

— Commission Directive 2004/105/EC of 15 October 2004 determining the models of official phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC

— Commission Decision 2004/416/EC of 29 April 2004 on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil

— Commission Decision 2005/51/EC of 21 January 2005 authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes

— Commission Decision 2005/359/EC of 29 April 2005 providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards oak ( Quercus L.) logs with bark attached, originating in the United States of America

— Commission Decision 2006/473/EC of 5 July 2006 recognising certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to citrus)

— Council Directive 2006/91/EC of 7 November 2006 on control of San José scale

— Commission Decision 2007/365/EC of 25 May 2007 on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier)

— Council Directive 2007/33/EC of 11 June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC

— Commission Decision 2007/433/EC of 18 June 2007 on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O'Donnell

— Commission Directive 2008/61/EC of 17 June 2008 establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections

— Commission implementing Decision 2011/778/EU of 28 November 2011 authorising certain Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of seed potatoes originating in certain provinces of Canada

— Commission implementing Decision 2011/787/EU of 29 November 2011 authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt

— Commission Implementing Decision 2012/138/EU of 1 March 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster)

— Commission Implementing Decision 2012/219/EU of 24 April 2012 recognising Serbia as being free from Clavibacter michiganensis ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al.

— Commission Implementing Decision 2012/270/EU of 16 May 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)

— Commission Implementing Decision 2012/697/EU of 8 November 2012 as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry)

— Commission Implementing Decision 2012/756/EU of 5 December 2012 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto

— Commission Implementing Decision 2013/92/EU of 18 February 2013 on the supervision, plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities originating in China

— Commission Implementing Decision 2013/413/EU of 30 July 2013 authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon

— Commission Implementing Decision 2013/754/EU of 11 December 2013 on measures to prevent the introduction into and the spread within the Union of Guignardia citricarpa Kiely (all strains pathogenic to Citrus ), as regards South Africa

— Commission Implementing Decision 2013/780/EU of 18 December 2013 providing for a derogation from Article 13(1)(ii) of Council Directive 2009/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America

— Commission Implementing Decision 2013/782/EU of 18 December 2013 amending Decision 2002/757/EC as regards the phytosanitary certificate requirement in respect of the harmful organism Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov. for bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. originating in the United States of America

— Commission Recommendation 2014/63/EU of 6 February 2014 on measures to control Diabrotica virgifera virgifera Le Conte in Union areas where its presence is confirmed

— Commission Implementing Decision 2014/422/EU of 2 July 2014 setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa

— Commission Implementing Decision 2014/917/EU of 15 December 2014 setting out detailed rules for the implementation of Council Directive 2000/29/EC as regards the notification of the presence of harmful organisms and of measures taken or intended to be taken by the Member States

— Commission Implementing Decision 2014/924/EU of 16 December 2014 providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards wood and bark of ash ( Fraxinus L.) originating in Canada and the United States of America

— Commission Implementing Decision (EU) 2015/179 of 4 February 2015 authorising Member States to provide for a derogation from certain provisions of Council Directive 2000/29/EC in respect of wood packaging material of conifers ( Coniferales ) in the form of ammunition boxes originating in the United States of America under the control of the United States Department of Defence

— Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al. )

Swiss provisions

— Ordinance of 27 October 2010 on plant protection (RS 916.20)

— Ordinance of the Federal Department of Economic Affairs of 15 April 2002 on prohibited plants (RS 916.205.1)

— Ordinance of the Federal Office for Agriculture of 13 March 2015 on temporary plant-health measures (RS 916.202.1)

— Ordinance of the Federal Office for Agriculture of 24 March 2015 prohibiting the import of certain fruits and vegetables originating in India (RS 916.207.142.3)

— Decision of general scope of the Federal Office for the Environment of 14 December 2012 on the application of the standard NIMP 15 to imports of goods from third countries in wood packaging (fosc.ch 130 244)

— Decision of general scope of 9 August 2013 on measures to prevent the introduction and spread of the genus Pomacea (Perry) (FF 2013 5917)

— Decision of general scope of 9 August 2013 on measures to prevent the introduction and spread of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu and Goto (FF 2013 5911)

— Decision of general scope of the Federal Office for Agriculture of 16 March 2015 setting out measures in respect of certain citrus fruits originating in South Africa to prevent the introduction and spread of Phyllosticta citricarpa (McAlpine) Van der Aa (FF 2015 2596)

— Directive No 1 of the Federal Office for Agriculture of 1 January 2012 to the cantonal plant health services and organisations responsible for the monitoring and control of potato cyst nematodes ( Globodera rostochiensis and Globodera pallida )

— Manual of the Federal Office for the Environment of 30 March 2015 on management of the pine wood nematode ( Bursaphelenchus xylophilus )

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Appendix 3

Authorities which are to supply on request a list of the official bodies responsible for preparing plant health passports

A. European community:

single authority for each Member State, as referred to in Article 1(4) of Council Directive 2000/29/EC of 8 May 2000 ( 6 ).







Belgium: Federal Public Service of Public Health Food Chain Security and Environment DG for Animals, Plants and Foodstuffs Sanitary Policy regarding Animals and Plants Division Plant Protection Euro station II (7o floor) Place Victor Horta 40 box 10 B-1060 BRUSSELS Bulgaria: NSPP National Service for Plant Protection 17, Hristo Botev, blvd., floor 5 BG — SOFIA 1040 Czech Republic: State Phytosanitary Administration Bubenská 1477/1 CZ — 170 00 PRAHA 7 Denmark: Ministry of Food, Agriculture and Fisheries The Danish Plant Directorate Skovbrynet 20 DK — 2800 Kgs. LYNGBY Germany: Julius Kühn-Institut — Institut für nationale und internationale Angelegenheiten der Pflanzengesundheit — Messeweg 11/12 D-38104 Braunschweig Estonia: Plant Production Inspectorate Teaduse 2 EE — 75501 SAKU HARJU MAAKOND Ireland: Department of Agriculture and Food Maynooth Business Campus Co Kildare IRL Greece: Ministry of Agriculture General Directorate of Plant Produce Directorate of Plant Produce Protection Division of Phytosanitary Control 150 Sygrou Avenue GR — 176 71 ATHENS Spain: Subdirectora General de Agricultura Integrada y Sanidad Vegetal Ministerio de Agricultura, Pesca y Alimentación Dirección General de Agricultura Subdirección General de Agricultura Integrada y Sanidad Vegetal c/Alfonso XII, No 62 — 2a planta E — 28071 MADRID France: Ministère de l'Agriculture et la Pêche Sous-direction de la Protection des Végétaux 251, rue de Vaugirard F — 75732 PARIS CEDEX 15 Italy: Ministero delle Politiche Agricole e Forestali (MiPAF) Servizio Fitosanitario Via XX Settembre 20 I — 00187 ROMA Cyprus: Ministry of Agriculture, Natural Resources and Environment Department of Agriculture Loukis Akritas Ave. CY — 1412 LEFKOSIA Latvia: State Plant Protection Service Republikas laukums 2 LV — 1981 RIGA Lithuania: State Plant Protection Service Kalvariju str. 62 LT — 2005 VILNIUS Luxembourg: Ministère de l'Agriculture Adm. des Services Techniques de l'Agriculture Service de la Protection des Végétaux 16, route d'Esch — BP 1904 L — 1019 LUXEMBOURG Hungary: Ministry of Agriculture and Rural Development Department for Plant Protection and Soil Conservation Kossuth tér 11 HU — 1860 BUDAPEST 55 Pf. 1 Malta: Plant Health Department Plant Biotechnology Center Annibale Preca Street MT — LIJA, LJA 1915 Netherlands: Plantenziektenkundige Dienst Geertjesweg 15/Postbus 9102 NL — 6700 HC WAGENINGEN Austria: Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft Referat III 9 a Stubenring 1 A — 1012 WIEN Poland: The State Plant Health and Seed Inspection Service Main Inspectorate of Plant Health and Seed Inspection 42, Mlynarska Street PL — 01-171 WARSAW Portugal: Direcção-Geral de Agricultura e Desenvolvimento Rural (DGADR) Avenida Afonso Costa, 3 PT — 1949-002 LISBOA Romania: Phytosanitary Direction Ministry of Agriculture, Forests and Rural Development 24th Carol I Blvd. Sector 3 RO — BUCHAREST Slovenia: MAFF — Phytosanitary Administration of the Republic of Slovenia Plant Health Division Einspielerjeva 6 SI — 1000 LJUBLJANA Slovakia: Ministry of Agriculture Department of plant commodities Dobrovicova 12 SK — 812 66 BRATISLAVA Finland: Ministry of Agriculture and Forestry Unit for Plant Production and Animal Nutrition Department of Food and Health Mariankatu 23 P.O. Box 30 FI — 00023 GOVERNMENT FINLAND Sweden: Jordbruksverket Swedish Board of Agriculture Plant Protection Service S — 55182 JÖNKÖPING United Kingdom: Department for Environment, Food and Rural Affairs Plant Health Division Foss House King's Pool Peasholme Green UK — YORK YO1 7PX

B. Switzerland:

Office fédéral de l'agriculture

CH-3003 BERNE

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Appendix 4 ( 7 )

ZONES REFERRED TO IN ARTICLE 4 AND SPECIAL REQUIREMENTS RELATING TO THEM

The zones referred to in Article 4 and the special requirements relating to them which must be complied with by both Parties are defined in the two Parties' respective legislative and administrative provisions set out below.

Provisions of the Union

— Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

— Commission Regulation (EC) No 690/2008 of 4 July 2008 recognising protected zones exposed to particular plant health risks in the Community

Swiss provisions

— Ordinance of 27 October 2010 on plant protection, Annex 12, (RS 916.20)

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Appendix 5

Exchange of information

The notifications referred to in Article 9(1) are the following:

— notifications of interception of consignments and harmful organisms from third countries or from part of the territories of the Parties and presenting an imminent plant-health danger as provided for in Directive 94/3/EEC,

— notifications as provided for in Article 15 of Directive 77/93/EEC.

ANNEX 5

ON ANIMAL FEED

Article 1

Purpose

1. The Parties hereby undertake to approximate their legislation on animal feed with a view to facilitating trade between them in such products.

2. The list of products and groups of products for which the legislative provisions of the Parties are considered by the latter as achieving the same effects and, where applicable, the list of legislative provisions of the Parties considered by the latter as achieving the same effects shall be as set out in Appendix 1, to be drawn up by the Committee in accordance with Article 11 of the Agreement.

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2a. By way of derogation from Article 1 of the Agreement, this Annex shall apply to all the products covered by the legal provisions listed in Appendix 1, as referred to in paragraph 2.

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3. The Parties shall abolish border checks on the products and groups of products listed in Appendix 1 as referred to in paragraph 2.

Article 2

Definitions

For the purposes of this Annex:

(a) ‘product’ means animal feed or any substance used therein;

(b) ‘establishment’ means any unit which produces or manufactures a product or which holds a product at an intermediate stage prior to its entry into free circulation, including the processing and packaging stages, or which puts the product on the market;

(c) ‘competent authority’ means the authority responsible in a Party for conducting official checks in the field of animal feed.

Article 3

Exchange of information

Under Article 8 of the Agreement, the Parties shall send each other:

— details of the competent authority or authorities, their geographical jurisdiction and sphere of competence,

— a list of laboratories entrusted with conducting analyses for the purposes of controls,

— where applicable, a list of points of entry within their territory for the various types of products,

— their programmes of controls to ensure that products comply with their legislation on animal feed.

The programmes referred to in the fourth indent must take account of the situations peculiar to the Parties and must in particular stipulate the type of controls to be conducted regularly and the frequency thereof.

Article 4

General provisions on controls

The Parties shall take all steps necessary to ensure that products to be consigned to the other Party are checked as carefully as those to be put on the market within their own territory; they shall in particular ensure that inspections:

— are performed regularly, where non-compliance is suspected, using means proportionate to the desired objective, and particularly in the light of the risks and of experience gained,

— cover all stages of production and manufacture, the intermediate stages prior to marketing, marketing, including importation, and the use of products,

— are conducted at the most suitable stage having regard to their purpose,

— are conducted generally without advance warning,

— also cover substances the use of which is prohibited in animal feed.

Article 5

Checks at origin

1. The Parties shall ensure that the competent authorities conduct checks at establishments to ensure that they fulfil their obligations and that products to be put on the market comply with the legislative provisions listed in Appendix 1 as referred to in Article 1 and applicable in the territory of origin.

2. Where there are grounds for suspecting that those requirements are not complied with, the competent authority shall conduct further checks and, should suspicion be confirmed, shall take suitable measures.

Article 6

Checks at destination

1. The competent authorities of the Party of destination may check the products at destination by means of non-discriminatory sampling checks to ensure they comply with the provisions covered by this Annex.

2. However, where the competent authority of the Party of destination is in possession of information indicating an infringement, checks may also be conducted during carriage of the products within its territory.

3. Where, during a check of a consignment at destination or during carriage, the competent authorities of the Party concerned note that the products do not comply with the provisions covered by this Annex, they shall take suitable steps and shall give notice to the consignor, the consignee or any other party concerned to:

— bring the products into compliance within a time limit to be determined, or

— decontaminate them where appropriate, or

— treat them in any other suitable manner, or

— use them for other purposes, or

— send the products back to the Party of origin after notifying the latter's competent authority, or

— destroy the products.

Article 7

Checks of products from territories outside the Parties

1. Notwithstanding the first indent of Article 4, the Parties shall take all steps necessary to ensure that when products are introduced into their customs territory from territories other than those defined in Article 16 of the Agreement, the competent authorities conduct a documentary check of each batch and sampling identity checks in order to verify their:

— nature,

— origin,

— geographical destination,

with a view to determining the customs procedure applicable to them.

2. The Parties shall take all steps necessary to ensure the conformity of products by means of sampling physical checks before they are released for free circulation.

Article 8

Cooperation in the event of infringements

1. The Parties shall assist each other in the manner and under the conditions laid down in this Annex. They shall ensure that the legislative provisions covering products used in animal feed are properly applied, in particular through mutual assistance and the detection and investigation of breaches of those provisions.

2. Assistance as provided for in this Article shall be without prejudice to the provisions governing criminal proceedings or judicial cooperation between the Parties in criminal matters.

Article 9

Products subject to prior authorisation

1. The Parties shall endeavour to ensure that their lists of products covered by the legislative provisions listed in Appendix 2 are identical.

2. The Parties shall inform each other of applications submitted for the authorisation of products as referred to in paragraph 1.

Article 10

Consultations and safeguard measures

1. Where either Party considers that the other has failed to fulfil an obligation under this Annex, the two Parties shall hold consultations.

2. The Party which requests the consultations shall provide the other with all information necessary for a detailed examination of the case in question.

3. Safeguard measures as provided for in any legislative provisions concerning the products and product groups and listed in Appendix 1 as provided for in Article 1 shall be taken in accordance with the procedures laid down in Article 10(2) of the Agreement.

4. If, following the consultations provided for in paragraph 1 and in the third indent of Article 10(2)(a) of the Agreement, the Parties fail to reach agreement, the Party which requested the consultations or took the measures referred to in paragraph 3 may take suitable interim protective measures to ensure this Annex is applied.

Article 11

Working Group on Animal Feed

1. The Working Group on Animal Feed, hereinafter referred to as ‘the Working Group’, set up under Article 6(7) of the Agreement shall consider any matter which may arise in connection with this Annex and its implementation. It shall also be responsible for the tasks provided for in this Annex.

2. The Working Group shall periodically consider the state of the domestic laws of the Parties in the fields covered by this Annex. It shall in particular put forward proposals to the Committee with a view to updating the Appendices hereto.

Article 12

Confidentiality

1. Any information communicated in whatsoever form under this Annex shall be confidential. It shall be covered by the obligation to maintain professional secrecy and shall enjoy the protection extended to similar information under the relevant laws applicable in the Party which received it.

2. The principle of confidentiality referred to in paragraph 1 shall not apply to information as referred to in Article 3.

3. No Party whose legislation or administrative practice lays down stricter limits than those laid down in this Annex regarding the protection of industrial and commercial secrets shall be obliged to furnish information where the other Party does not take steps to comply with those stricter limits.

4. Information obtained may only be used by a Party otherwise than for the purposes of this Annex with the prior written consent of the administrative authority furnishing it and shall furthermore be subject to the restrictions laid down by that authority.

Paragraph 1 shall not preclude the use of information in judicial or administrative proceedings instituted subsequently in respect of breaches of common criminal law, provided it was obtained through international judicial cooperation.

5. In their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, the Parties may use as evidence information obtained and documents consulted in accordance with this Article.

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Appendix 1

Community provisions

— Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1)

Swiss provisions

— Federal Law of 29 April 1998 on agriculture as last amended on 24 March 2006 (RO 2006 3861)

— Ordinance of 26 May 1999 on animal nutrition as last amended on 23 November 2005 (RO 2005 5555)

— Ordinance of the Département Fédéral de l'Économie Publique of 10 June 1999 on the White Book on animal nutrition as last amended on 2 November 2006 (RO 2006 5213)

— Ordinance on Primary Production of 23 November 2005 (RO 2005 5545)

— Ordinance of the Département Fédéral de l'Économie Publique of 23 November 2005 on hygiene in Primary Production (RO 2005 6651)

— Ordinance of the Département Fédéral de l'Économie Publique of 23 November 2005 on hygiene in Milk Production (RO 2005 6667)

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Appendix 2

LIST OF LEGISLATIVE PROVISIONS REFERRED TO IN ARTICLE 9

Community Provisions

— Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29), as last amended by Commission Regulation (EC) No 378/2005 (OJ L 59, 5.3.2005, p. 15)

— Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (OJ L 213, 21.7.1982, p. 8), as last amended by Directive 2004/116/EC (OJ L 379, 24.12.2004, p. 81)

Swiss Provisions

— Ordinance of 26 May 1999 on animal nutrition as last amended on 23 November 2005 (RO 2005 5555)

— Ordinance of the Département Fédéral de l'Économie Publique of 10 June 1999 on the White Book on animal nutrition as last amended on 23 November 2005 (RO 2005 6655)

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ANNEX 6

ON SEEDS

Article 1

Purpose

1. This Annex shall cover seeds of agricultural, vegetable, fruit and ornamental plant species and of vines.

2. For the purposes of this Annex, ‘seeds’ means all propagating material and material intended for planting.

Article 2

Recognition of the conformity of legislation

1. The Parties hereby recognise that the requirements laid down in the legislation listed in section 1 of Appendix 1 hereto have the same effects.

2. Seeds of the species defined in the legislation referred to in paragraph 1 may be traded between the two Parties and freely marketed in the territory of both Parties, without prejudice to Articles 5 and 6. The only document required as certification of compliance with the respective laws of the two Parties shall be the label or any other document required for marketing under the said laws.

3. The bodies responsible for conformity checks shall be as listed in Appendix 2.

Article 3

Mutual recognition of certificates

1. Each Party shall recognise, as regards seeds of the species covered by the legislation listed in section 2 of Appendix 1, certificates as defined in paragraph 2 that have been drawn up in accordance with the legislation of the other by the bodies listed in Appendix 2.

2. For the purposes of paragraph 1, ‘certificate’ means the documents required under the respective laws of the Parties applicable to imports of seeds as listed in section 2 of Appendix 1.

Article 4

Approximation of laws

1. The Parties shall endeavour to approximate their laws on the marketing of seeds of the species covered by the legislation listed in section 2 of Appendix 1 and of species that are not covered by the legislation listed in sections 1 and 2 of Appendix 1.

2. Where either Party adopts new legislative provisions, both Parties undertake to assess the possibility of extending the scope of this Annex to include the new sector in accordance with the procedure laid down in Articles 11 and 12 of the Agreement.

3. Where either Party amends legislative provisions concerning a sector covered by this Annex, both Parties undertake to assess the consequences of such amendment in accordance with the procedure laid down in Articles 11 and 12 of the Agreement.

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Article 5

Varieties

1. Without prejudice to paragraph 3, Switzerland shall permit the marketing in its territory of seeds of the varieties accepted in the Community in the case of the species referred to in the legislation listed in Section 1 of Appendix 1.

2. Without prejudice to p