2002A4430 — EN — 31.12.2015 — 003.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

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. ►M18 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: Concessions regarding cheeses Appendix 1: Concessions granted by the Community Appendix 2: Concessions granted by Switzerland Appendix 3: List of names of ‘Italico’ cheese which can be imported into Switzerland Appendix 4: Cheese descriptions 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, their semen, ova and embryos: border checks and inspection fees Appendix 6: Animal products Appendix 7: Responsible authorities Appendix 8: Adjustments to regional conditions Appendix 9: Guidelines on procedures for conducting audits Appendix 10: Animal products: border checks and inspection 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.

▼B

ANNEX 3

CONCESSIONS REGARDING CHEESES

1. The Community and Switzerland hereby undertake gradually to liberalise trade with each other in cheeses falling under heading 0406 of the Harmonised System over the five years following the entry into force of the Agreement.

2. The liberalisation process shall take place as follows: (a) Imports into the Community In the first year following the entry into force of the Agreement, the Community shall gradually abolish or eliminate customs duties on imports of cheese originating in Switzerland, subject, where applicable, to an annual quantity. The basic customs duties and basic annual quantities for the various types of cheese shall be as set out in Appendix 1 hereto. (i) The Community shall reduce the basic customs duties listed in the table in Appendix 1 by 20 % per year. The first reduction shall take place one year after the entry into force of the Agreement. (ii) The Community shall increase the tariff quota in the table in Appendix 1 by 1 250 tonnes per year; the first increase shall take place one year after the entry into force of the Agreement. Trade shall be fully liberalised by the beginning of the sixth year. (iii) Switzerland shall be exempt from the requirement to comply with the free-at-frontier prices set out in the description of foods covered by CN code 0406 of the Common Customs Tariff. (b) Exports from the Community The Community shall not apply export refunds for exports to Switzerland of cheeses falling under heading 0406 of the Harmonised System. (c) Imports into Switzerland In the first year following the entry into force of the Agreement, Switzerland shall gradually abolish or eliminate customs duties on imports of cheese originating in the Community, subject, where applicable, to an annual quantity. The basic customs duties and basic annual quantities for the various types of cheese shall be as set out in point (a) of Appendix 2 hereto. (i) Switzerland shall reduce the basic customs duties listed in the table in Appendix 2(a) by 20 % per year. The first reduction shall take place one year after the entry into force of the Agreement. (ii) Switzerland shall increase all the tariff quotas listed in the table in Appendix 2(a) by 2 500 tonnes per year. The first increase shall take place one year after the entry into force of the Agreement. At least four months before the beginning of each year, the Community shall determine the category or categories of cheeses to which that increase is to apply. Trade shall be fully liberalised by the beginning of the sixth year. (d) Exports from Switzerland In the first year following the entry into force of the Agreement, Switzerland shall gradually eliminate export subsidies on consignments of cheese to the Community as follows. (i) The amounts on which the elimination process is to be based ( 1 ) shall be as set out in Appendix 2(b) hereto. (ii) Those basic amounts shall be reduced as follows: — one year after entry into force of the Agreement, by 30 %, — two years after entry into force of the Agreement, by 55 %, — three years after entry into force of the Agreement, by 80 %, — four years after entry into force of the Agreement, by 90 %, — five years after entry into force of the Agreement, by 100 %.

3. The Community and Switzerland shall take the necessary steps to ensure that import licences are distributed in a way that ensures regular imports, taking account of market requirements.

4. The Community 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 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 periodically to exchange information on prices and any other relevant information on the market in locally produced and imported cheeses.

Appendix 1

Concessions granted by the Community







Imports into the Community CN code Description Basic customs duty (EUR/100 kg net) Basic annual quantity (tonnes) ex 0406 20 Grated or powdered cheeses, of a water content not exceeding 400 g/kg cheese Free Unlimited 0406 30 Processed cheese Free Unlimited 0406 90 02 0406 90 03 0406 90 04 0406 90 05 0406 90 06 0406 90 13 0406 90 15 0406 90 17 Emmentaler, Gruyere, Sbrinz, Bergkäse and Appenzell 6,58 Unlimited 0406 90 18 Fromage fribourgeois, Vacherin Mont d'Or and Tête de Moine Free Unlimited 0406 90 19 Glarus herb cheese (known as Schabziger) Free Unlimited ex 0406 90 87 Fromage des Grisons Free Unlimited 0406 90 25 Tilsit Free Unlimited ex 04 06 Cheeses other than those listed above Free 3000 (1) Synonym: Vacherin fribourgeois.

Appendix 2

Concessions granted by Switzerland

(a) Imports into Switzerland







Swiss customs tariff number Description Basic customs duty (CHF/100 kg gross weight) Basic annual quantity (tonnes) 0406 10 10 Mascarpone and Ricotta Romana complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol Free Unlimited ex 0406 20 Grated or powdered cheeses of a water content not exceeding 400 g/kg of cheese Free Unlimited 0406 40 – Danish Blue, Gorgonzola and Roquefort complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol – Roquefort not complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol, with proof of origin – Blue-veined cheese other than Danish blue, Gorgonzola and Roquefort Free Unlimited 0406 90 11 Brie, Camembert, Crescenza, Italico, Pont l'Evêque, Reblochon, Robbiola and Stracchino complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol Free Unlimited ex 0406 90 19 Feta, as described in Appendix 4 Free Unlimited ex 0406 90 19 White cheese of ewes' milk, in brine, as described in Appendix 4 Free Unlimited 0406 90 21 Herb cheese of a water content not exceeding 65 % in the non-fatty matter Free Unlimited 04069031 04069039 Caciocavallo, Canestrato (Pecorino Siciliano), Aostaler Fontina, Parmigiano Reggiano, Grana Padano, Pecorino (Pecorino Romano, Fiore Sardo, other Pecorino) and Provolone complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol Free Unlimited 04069051 04069059 – Asiago, Bitto, Brà, Fontal, Montasio, Saint-Paulin (Port Salut) and Saint-Nectaire complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol Free 5000 ex 0406 90 91 – Raclette-type cheeses, as described in Appendix 4 0406 90 60 Cantal complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol Free Unlimited ex 0406 90 91 ex 0406 90 99 Manchego, Idiazabal and Roncal, as described in Appendix 4 Free Unlimited ex 0406 90 99 Parmigiano Reggiano and Grana Padano, pieces, with or without rind, bearing on the packaging at least the name of the cheese, the fat content, the name of the packager and the country of production, with a fat content of 32 % or more in the dry matter, Parmigiano Reggiano: water content not exceeding 32 %, Grana Padano: water content not exceeding 33,2 % Free Unlimited ex 0406 10 90 Mozzarella type cheese, not complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol Free 500 ex 0406 90 91 ex 0406 90 99 Provolone-type cheese, not complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol, of a water content not exceeding 65 % in the non-fatty matter Free 500 ex 04 06 Hard and medium-hard cheeses other than those listed above, of a water content not exceeding 65 % in the non-fatty matter Free 5000 ex 04 06 Cheeses other than those listed above Free 1000 0406 10 20 Mozzarella, complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol, in preserving liquid, as described in Appendix 4 (2) 185 Unlimited 0406 30 Processed cheese, other than grated or powdered 180,55 Unlimited 0406 90 51 Asiago, Bitto, Fontal, Saint-Paulin (Port Salut) and Saint-Nectaire complying with List LIX Switzerland-Liechtenstein, annexed to the Marrakesh Protocol, outside the annual quota of 5 000 t 289 Unlimited 0406 90 91 Other medium-hard cheeses of a water content in the non-fatty matter of more than 54 % but not exceeding 65 % 315 Unlimited (1) The names of ‘Italico’ soft cheeses accepted for importation into Switzerland are listed in Appendix 3. (2) In the case of mozzarella without preserving liquid, complying with List LIX Switzerland-Liechtenstein annexed to the Marrakesh Protocol, the applicable customs duty is the normal duty in List LIX.

(b) Exports from Switzerland

The basic amounts referred to at point 2(d) of this Annex are fixed as follows.







Swiss customs tariff No Description Maximum (1) export aid (2) (CHF/100 kg net) 0406 30 Processed cheese, not grated or powdered 0 0406 20 Grated or powdered cheese, of all kinds 0 ex 0406 90 19 Vacherin Mont d'Or 204 0406 90 21 Glarus herb cheese 139 ex 0406 90 99 Emmentaler 343 ex 0406 90 91 Fromage fribourgeois (Vacherin fribourgeois) 259 ex 0406 90 91 Fromage des Grisons 259 ex 0406 90 91 Tilsit 113 ex 0406 90 91 Tête de Moine 259 ex 0406 90 91 Appenzell 274 ex 0406 90 91 ex 0406 90 99 Bergkäse 343 ex 0406 90 99 Gruyere 343 ex 0406 90 99 Sbrinz 384 ex 04 06 Cheeses other than those listed above – Fresh cheeses and soft cheeses 219 – Medium hard cheeses 274 – Hard and very hard cheeses 343 (1) Until full liberalisation, not including cheese covered by CN code 0406 90 01 intended for processing and imported into the Community under the minimum access arrangements. (2) Including amounts under all other measures having an equivalent effect.

Appendix 3

List of names of ‘Italico’ cheese which can be imported into Switzerland

Bel Piano Lombardo

Stella Alpina

Cerriolo

Italcolombo

Tre Stelle

Cacio Giocondo

Il Lombardo

Stella d'Oro

Bel Mondo

Bick

Pastorella Cacio Reale

Valsesia

Casoni Lombardi

Formaggio Margherita

Formaggio Bel Paese

Monte Bianco

Metropoli

L'Insuperabile

Universal

Fior d'Alpe

Alpestre

Primavera

Italico Milcosa

Caciotto Milcosa

Italia

Reale

La Lombarda

Codogno

Il Novarese

Mondo Piccolo

Bel Paesino

Primula Gioconda

Alfiere

Costino

Montagnino

Lombardo

Lagoblu

Imperiale

Antica Torta Cascina S. Anna

Torta Campagnola

Martesana

Caciotta Casalpiano

Appendix 4

Cheese descriptions

The cheeses listed below are eligible for conventional customs duty only if they comply with the description given below, have the stipulated typical characteristics and are imported under the corresponding name.







1. Feta Name Feta Production areas Thrace, Macedonia, Thessaly, Epirus, Continental Greece, Peloponnese and Lesbos (Greece) Shape and size Cubes or orthogonal slabs of different sizes Characteristics Rindless soft cheese; white, soft but compact and slightly crumbling consistency, with a slightly sour-sharp and salty-sharp taste; manufactured exclusively from ewes' milk or with up to 30 % goats' milk added, aged for at least two months Fat content in the dry matter At least 43 % Dry matter content At least 44 % 2. White cheese of ewes' milk, in brine Description White cheese of ewes' milk, country of origin, in brine, manufactured exclusively from ewe's milk, or White cheese of ewes' milk, country of origin, in brine, manufactured from ewes' milk and goats' milk Area of production Member States of the European Union Shape and size Cubes or orthogonal slabs of different sizes Characteristics Rindless soft cheese; white, soft but compact and slightly crumbling consistency, with a slightly sour-sharp and salty-sharp taste. Cheese manufactured exclusively from ewes' milk or with up to 10 % goats' milk added, aged for at least two months Fat content in the dry matter At least 43 % Dry matter content At least 44 % The cheese is eligible for the conventional duty rate only if the packaging of each piece gives the full address of the producer and states that the cheese has been manufactured exclusively from ewes' milk, with the addition, where applicable, of goats' milk. 3. Manchego Name Manchego Production areas Autonomous Community of Castile-La Mancha (Provinces of Albacete, Ciudad Real, Cuenca and Toledo) Shape, size and weight per cheese Cylindrical cheeses with almost flat tops/bottoms. Height: 7 cm to 12 cm. Diameter: 9 cm to 22 cm. Weight per cheese: 1 kg to 3,5 kg Characteristics Hard rind, pale yellow or greenish black; firm, compact consistency, white to yellowish ivory, possibly with small, unevenly distributed holes; characteristic smell and taste. Hard or medium-hard cheese, manufactured exclusively from the milk of ewes of the Manchega breed, whether raw or pasteurised, heated at between 28 °C and 32 °C for 45 minutes to 60 minutes and set with rennin or other authorised coagulating enzymes; aged for at least 60 days Fat content in the dry matter At least 50 % Dry matter content At least 55 % 4. Idiazabal Name Idiazabal Production areas Provinces of Guipuzcoa, Navarre, Alava and Vizcaya Shape, size and weight per cheese Cylindrical cheeses with almost flat tops/bottoms. Height: 8 cm to 12 cm. Diameter: 10 cm to 30 cm. Weight per cheese: 1 kg to 3 kg. Characteristics Hard rind, pale yellow or dark brown where the cheese is smoked; firm, compact consistency, white to yellowish ivory, possibly with small, unevenly distributed holes; characteristic smell and taste. Cheese manufactured exclusively from raw milk of ewes of the Lacha and Carranzana breed, heated at between 28 °C and 32 °C for 20 minutes to 45 minutes and set with rennin or other authorised coagulating enzymes; aged for at least 60 days Fat content in the dry matter At least 45 % Dry matter content At least 55 % 5. Roncal Name Roncal Production areas Roncal valley (Navarre) Shape, size and weight per cheese Cylindrical cheeses with almost flat tops/bottoms. Height: 8 cm to 12 cm. Variable diameter and weight Characteristics Hard, grainy and fat, straw-coloured rind; firm, compact consistency, porous in appearance but without holes, white to yellowish ivory; characteristic smell and taste. Hard and medium-hard cheese, manufactured exclusively from ewes' milk, heated at between 32 °C and 37 °C and set with rennin or other authorised coagulating enzymes Fat content in the dry matter At least 50 % Dry matter content At least 60 % 6. Raclette-type cheese Description Country of origin, e.g. German raclette-type cheese or French raclette-type cheese Area of production Member States of the European Union Shape, size and weight per cheese Whole cheeses or blocks. Height: 5,5 cm to 8 cm; diameter: 28 cm to 42 cm or width: 28 cm to 36 cm. Weight per cheese: 4,5 kg to 7,5 kg Characteristics Semi-hard cheese with a compact, golden yellow to light brown rind, which might have greyish patches; mild cheese, suitable for melting, ivory or yellowish, compact, possibly with a few holes; characteristic smell and taste, ranging from mild to strong; manufactured from pasteurised, heat-treated or raw cows' milk, set with lactic ferments and other coagulants. The curd is pressed; the curd is generally washed. Aged for at least eight weeks Fat content in the dry matter At least 45 % Dry matter content At least 55 % 7. Mozzarella in liquid The cheese is eligible for the conventional duty rate only if the cheeses or pieces are preserved in water and hermetically sealed. The water must account for at least 25 % of the total weight, including the cheeses or pieces of cheese, the solution and the immediate packing

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.

▼M17

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 intended for planting, not including seeds

Beta vulgaris L.

Camellia sp.

Humulus lupulus L.

Prunus L., not including Prunus laurocerasus L. and Prunus lusitanica L.

Rhododendron spp., not including Rhododendron simsii Planch.

Viburnum spp.

1.2. Plants not including fruit or seeds, but including live pollen for pollination

Amelanchier Med.

Chaenomeles Lindl.

Crataegus L.

Cydonia Mill.

Eriobotrya Lindl.

Malus Mill.

Mespilus L.

Pyracantha Roem.

Pyrus L.

Sorbus L.

1.3. Plants of stoloniferous and tuberous species intended for planting

Solanum L. and hybrids thereof

1.4. Plants, not including fruit

Vitis L.

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) where it has been obtained in whole or part from Platanus L., including wood which has not kept its natural round surface; and

(b) where it meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ( 2 )



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 in the rough (other than tropical wood specified in subheading note 1 to Chapter 44, other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), 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, 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 authorised to produce for sale to persons professionally engaged in plant production, other than plants, plant products and other objects prepared and ready for sale to the final consumer and for which it is guaranteed that the production thereof is clearly separate from that of other products

2.1. Plants intended for planting, not including seeds

Abies Mill.

Apium graveolens L.

Argyranthemum spp.

Aster spp.

Brassica spp.

Castanea Mill.

Cucumis spp.

Dendranthema (DC) Des Moul.

Dianthus L. and hybrids thereof

Exacum spp.

Fragaria L.

Gerbera Cass.

Gypsophila L.

Impatiens L.: all varieties of New Guinea hybrids

Lactuca spp.

Larix Mill.

Leucanthemum L.

Lupinus L.

Pelargonium L’Hérit. ex Ait.

Picea A. Dietr.

Pinus L.

Platanus L.

Populus L.

Prunus laurocerasus L. and Prunus lusitanica L.

Pseudotsuga Carr.

Quercus L.

Rubus L.

Spinacia L.

Tanacetum L.

Tsuga Carr.

Verbena L.

and other plants of herbaceous species, other than plants of the family Gramineae, bulbs, corms, rhizomes and tubers.

2.2. Plants intended for planting, not including seeds

Solanaceae, other than those referred to in item 1.3.

2.3. Rooted plants or plants with an attached or associated cultivation medium

Araceae

Marantaceae

Musaceae

Persea spp.

Strelitziaceae

2.4. Seeds and bulbs intended for planting

Allium ascalonicum L.

Allium cepa L.

Allium schoenoprasum L.

Helianthus annuus L.

Lycopersicon lycopersicum(L.) Karsten ex Farw.

Medicago sativa L.

Phaseolus L.

2.5. Plants intended for planting

Allium porrum L.

Plants of Palmae, having a diameter of the stem at the base of over 5 cm and belonging to the following genera or species:

Areca catechu L.

Arenga pinnata (Wurmb) Merr.

Borassus flabellifer L.

Brahea Mart.

Butia Becc.

Calamus merrillii Becc.

Caryota maxima Blume ex Mart.

Caryota cumingii Lodd. ex Mart.

Chamaerops L.

Cocos nucifera L.

Corypha elata Roxb.

Corypha gebang Mart.

Elaeis guineensis Jacq.

Jubaea Kunth.

Livistona R. Br.

Metroxylon sagu Rottb.

Oreodoxa regia Kunth.

Phoenix L.

Sabal Adans.

Syagrus Mart.

Trachycarpus H. Wendl.

Trithrinax Mart.

Washingtonia Raf.

2.6. Bulbs and bulbous rhizomes intended for planting

Camassia Lindl.

Chionodoxa Boiss.

Crocus flavus Weston cv. Golden Yellow

Galanthus L.

Galtonia candicans (Baker) Decne

Gladiolus Tourn. ex L.: miniaturised varieties and hybrids thereof, such as G. callianthus Marais, G. colvillei Sweet, G. nanus hort., G. ramosus hort. and G. tubergenii hort.

Hyacinthus L.

Iris L.

Ismene Herbert (= Hymenocallis Salisb.)

Muscari Mill.

Narcissus L.

Ornithogalum L.

Puschkinia Adams

Scilla L.

Tigridia Juss.

Tulipa L.

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

1. Without prejudice to the plants listed in Part C of this Appendix, all plants intended for planting, not including seeds

2. Seeds

2.1. Seeds originating in Argentina, Australia, Bolivia, Chile, New Zealand or Uruguay

Cruciferae

Gramineae not including Oryza spp.

Trifolium spp.

2.2. Seeds originating elsewhere than in the territory of either Party

Allium ascalonicum L.

Allium cepa L.

Allium porrum L.

Allium schoenoprasum L.

Capsicum spp.

Helianthus annuus L.

Lycopersicon lycopersicum (L.) Karst. ex Farw.

Medicago sativa L.

Phaseolus L.

Prunus L.

Rubus L.

Zea mays L.

2.3. Seeds originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the United States

Triticum

Secale

X Triticosecale

3. Parts of plants, not including fruit or seeds

Acer saccharum Marsh., originating in the United States and Canada

Apium graveolens L. (leafy vegetables)

Aster spp. originating in non-European countries (cut flowers)

Camellia sp.

Conifers (Coniferales)

Dendranthema (DC) Des Moul.

Dianthus L.

Eryngium L., originating in non-European countries (cut flowers)

Gypsophila L.

Hypericum L., originating in non-European countries (cut flowers)

Lisianthus L., originating in non-European countries (cut flowers)

Ocimum L. (leafy vegetables)

Orchidaceae (cut flowers)

Pelargonium L’Hérit. ex Ait.

Populus L.

Prunus L., originating in non-European countries

Rhododendron spp., not including Rhododendron simsii Planch.

Rosa L., originating in non-European countries (cut flowers)

Quercus L.

Solidago L.

Trachelium L., originating in non-European countries (cut flowers)

Viburnum spp.

4. Fruit

Annona L., originating in non-European countries

Cydonia L., originating in non-European countries

Diospyros L., originating in non-European countries

Malus Mill., originating in non-European countries

Mangifera L., originating in non-European countries

Momordica L.

Passiflora L., originating in non-European countries

Prunus L., originating in non-European countries

Psidium L., originating in non-European countries

Pyrus L., originating in non-European countries

Ribes L., originating in non-European countries

Solanum melongena L.

Syzygium Gaertn., originating in non-European countries

Vaccinium L., originating in non-European countries

5. Tubers other than for planting

Solanum tuberosum L.

6. Wood which has totally or partially retained its natural round surface, with or without bark, or which is presented in the form of chips, particles, sawdust, wood waste or scrap: (a) where it has been obtained in whole or part from one of the order, genera or species as described hereafter, except wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, actually in use in the transport of objects of all kinds, except raw wood of 6 mm thickness or less, and processed wood produced by glue, heat and pressure, or a combination thereof, originating outside the territories of the Parties: — Quercus L., including wood which has not kept its natural round surface, originating in the United States, 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 United States 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 United States 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 mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., including wood which has not kept its natural round surface, originating in Canada, China, Japan, Mongolia, South Korea, Russia, Taiwan and the United States; and (b) meets one of the following descriptions laid down in Annex I, Part two to Regulation (EEC) No 2658/87:



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 4401 30 40 Sawdust ex 4401 30 90 Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes, pellets or similar forms ex 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 of sapwood, or roughly squared ex 4403 99 Non-coniferous wood in the rough (other than tropical wood specified in subheading note 1 to Chapter 44, other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), whether or not stripped of bark or sapwood, or roughly squared, not treated with paint, stains, creosote or other preservatives 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, 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 4415 Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood 4416 00 00 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves 9406 00 20 Prefabricated buildings of wood (c) — wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, actually in use in the transport of objects of all kinds, except raw wood of 6 mm thickness or less, and processed wood produced by glue, heat and pressure, or a combination thereof, — wood used to wedge or support non-wood cargo, including that which has not kept its natural round surface, except raw wood of 6 mm thickness or less, and processed wood produced by glue, heat and pressure, or a combination thereof.

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. Isolated bark of — conifers (Coniferales), originating in non-European countries, — Acer saccharum Marsh, Populus L., and Quercus L. other than Quercus suber L, — Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, South Korea, Russia, Taiwan and the United States,

9. Cereals of the following species originating in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the United States Triticum Secale X Triticosecale

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

1. Plants and plant products coming from Switzerland which must be accompanied by a plant-health certificate when imported by a Member State of the Community

1.1. Plants intended for planting, not including seeds

Clausena Burm. f.

Murraya Koenig ex L.

1.2. Parts of plants, not including fruit or seeds

1.3. Seeds

Oryza spp.

1.4. Fruit

Citrus L. and hybrids thereof

Fortunella Swingle and hybrids thereof

Poncirus Raf. and hybrids thereof

2. Plants and plant products coming from a Member State of the Community which must be accompanied by a plant-health certificate when imported into Switzerland

3. Plants and plant products coming from Switzerland importation of which into a Member State of the Community is prohibited

3.1. Plants, not including fruit or seeds

Citrus L. and hybrids thereof

Fortunella Swingle and hybrids thereof

Poncirus Raf. and hybrids thereof

4. Plants and plant products coming from a Member State of the Community importation of which into Switzerland is prohibited

4.1. Plants

Cotoneaster Ehrh.

Photinia davidiana (Dcne.) Cardot

Appendix 2

LEGISLATION ( 3 )

European Community provisions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

— Commission Decision 2002/757/EC of 19 September 2002 on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.

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

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

— Commission Decision 2003/766/EC of 24 October 2003 on emergency measures to prevent the spread within the Community of Diabrotica virgifera Le Conte

— Commission Decision 2004/4/EC of 22 December 2003 authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt

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

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

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

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

— Commission Decision 2006/133/EC of 13 February 2006 requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) as regards areas in Portugal, other than those in which it is known not to occur

— Commission Decision 2006/464/EC of 27 June 2006 on provisional emergency measures to prevent the introduction into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu

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

— Council Directive 2006/91/EC of 7 November 2006 on control of San José Scale (Codified version)

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

— Commission Decision 2007/410/EC of 12 June 2007 on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid

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

— Commission Decision 2007/847/EC of 6 December 2007 providing for a derogation from certain provisions of Council Directive 2000/29/EC in respect of plants of Vitis L., other than fruits, originating in Croatia or the former Yugoslav Republic of Macedonia

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

— Commission Decision 2008/840/EC of 7 November 2008 on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster)

Swiss provisions

— Ordinance of 28 February 2001 on plant protection (RS 916.20)

— Ordinance of the DFE of 15 April 2002 on prohibited plants (RS 916.205.1)

— OFAG Ordinance of 25 February 2004 on temporary plant-health measures (RS 916.202.1)

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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 ( 4 ).







Belgium: Federal Public Service of Public HealthFood Chain Security and EnvironmentDG for Animals, Plants and FoodstuffsSanitary Policy regarding Animals and PlantsDivision Plant ProtectionEuro station II (7o floor)Place Victor Horta 40 box 10B-1060 BRUSSELS Bulgaria: NSPP National Service for Plant Protection17, Hristo Botev, blvd., floor 5BG — SOFIA 1040 Czech Republic: State Phytosanitary AdministrationBubenská 1477/1CZ — 170 00 PRAHA 7 Denmark: Ministry of Food, Agriculture and FisheriesThe Danish Plant DirectorateSkovbrynet 20DK — 2800 Kgs. LYNGBY Germany: Julius Kühn-Institut— Institut für nationale und internationale Angelegenheiten der Pflanzengesundheit —Messeweg 11/12D-38104 Braunschweig Estonia: Plant Production InspectorateTeaduse 2EE — 75501 SAKU HARJU MAAKOND Ireland: Department of Agriculture and FoodMaynooth Business CampusCo KildareIRL Greece: Ministry of AgricultureGeneral Directorate of Plant ProduceDirectorate of Plant Produce ProtectionDivision of Phytosanitary Control150 Sygrou AvenueGR — 176 71 ATHENS Spain: Subdirectora General de Agricultura Integrada y Sanidad VegetalMinisterio de Agricultura, Pesca y AlimentaciónDirección General de AgriculturaSubdirección General de Agricultura Integrada y Sanidad Vegetalc/Alfonso XII, No 62 — 2a plantaE — 28071 MADRID France: Ministère de l'Agriculture et la PêcheSous-direction de la Protection des Végétaux251, rue de VaugirardF — 75732 PARIS CEDEX 15 Italy: Ministero delle Politiche Agricole e Forestali (MiPAF)Servizio FitosanitarioVia XX Settembre 20I — 00187 ROMA Cyprus: Ministry of Agriculture, Natural Resources and EnvironmentDepartment of AgricultureLoukis Akritas Ave.CY — 1412 LEFKOSIA Latvia: State Plant Protection ServiceRepublikas laukums 2LV — 1981 RIGA Lithuania: State Plant Protection ServiceKalvariju str. 62LT — 2005 VILNIUS Luxembourg: Ministère de l'AgricultureAdm. des Services Techniques de l'AgricultureService de la Protection des Végétaux16, route d'Esch — BP 1904L — 1019 LUXEMBOURG Hungary: Ministry of Agriculture and Rural DevelopmentDepartment for Plant Protection and Soil ConservationKossuth tér 11HU — 1860 BUDAPEST 55 Pf. 1 Malta: Plant Health DepartmentPlant Biotechnology CenterAnnibale Preca StreetMT — LIJA, LJA 1915 Netherlands: Plantenziektenkundige DienstGeertjesweg 15/Postbus 9102NL — 6700 HC WAGENINGEN Austria: Bundesministerium für Land- und Forstwirtschaft, Umwelt und WasserwirtschaftReferat III 9 aStubenring 1A — 1012 WIEN Poland: The State Plant Health and Seed Inspection ServiceMain Inspectorate of Plant Health and Seed Inspection42, Mlynarska StreetPL — 01-171 WARSAW Portugal: Direcção-Geral de Agricultura e Desenvolvimento Rural (DGADR)Avenida Afonso Costa, 3PT — 1949-002 LISBOA Romania: Phytosanitary DirectionMinistry of Agriculture, Forests and Rural Development24th Carol I Blvd.Sector 3RO — BUCHAREST Slovenia: MAFF — Phytosanitary Administration of the Republic of SloveniaPlant Health DivisionEinspielerjeva 6SI — 1000 LJUBLJANA Slovakia: Ministry of AgricultureDepartment of plant commoditiesDobrovicova 12SK — 812 66 BRATISLAVA Finland: Ministry of Agriculture and ForestryUnit for Plant Production and Animal NutritionDepartment of Food and HealthMariankatu 23P.O. Box 30FI — 00023 GOVERNMENT FINLAND Sweden: JordbruksverketSwedish Board of AgriculturePlant Protection ServiceS — 55182 JÖNKÖPING United Kingdom: Department for Environment, Food and Rural AffairsPlant Health DivisionFoss HouseKing's PoolPeasholme GreenUK — YORK YO1 7PX

B. Switzerland:

Office fédéral de l'agriculture

CH-3003 BERNE

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Appendix 4 ( 5 )

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

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

European Community provisions

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

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

Swiss provisions

— Ordinance of 28 February 2001 on plant protection, Annex 4, Part B (RS 916.20)

▼B

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.

▼B

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 procedure