‘APPENDIX 5

LIVE ANIMALS, SEMEN, OVA AND EMBRYOS: BORDER CHECKS AND INSPECTION FEES

CHAPTER I

General provisions – TRACES system

A. LEGISLATION (*1)

European Union Switzerland Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (OJ L 94, 31.3.2004, p. 63). 1. Law of 1 July 1966 on epizootic diseases (LFE; RS 916.40); 2. Ordinance of 27 June 1995 on epizootic diseases (OFE; RS 916.401); 3. Ordinance of 18 April 2007 on the import, transit and export of animals and animal products (OITE; RS 916.443.10); 4. Ordinance of 18 April 2007 on the import and transit of animals by air from third countries (OITA; RS 916.443.12); 5. Ordinance of 27 August 2008 on the import and transit of animal products by air from third countries (OITPA; RS 916.443.13); 6. Ordinance of the DFI of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106); 7. Ordinance of […] 28 November 2014 on the importation, the transit and exportation of pet animals ([…] OITE-AC; RS 916.443.14).

B. IMPLEMENTING ARRANGEMENTS

The Commission, in cooperation with the Federal Food Safety and Veterinary Office, shall integrate Switzerland into the TRACES system, in accordance with Commission Decision 2004/292/EC.

If necessary, transitional and complementary measures shall be laid down by the Joint Veterinary Committee.

CHAPTER II

Veterinary and zootechnical controls applicable to the trade between the Member States of the European Union and Switzerland

A. LEGISLATION (*2)

Veterinary and zootechnical checks applicable in trade between the Member States of the Union and Switzerland shall be carried out in accordance with the provisions of the following acts:

European Union Switzerland 1. Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters (OJ L 351, 2.12.1989, p. 34); 2. Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ L 224, 18.8.1990, p. 29). 1. Act of 1 July 1966 on epizootic diseases (LFE; RS 916.40), in particular Article 57 thereof; 2. Ordinance of 18 April 2007 on the import, transit and export of animals and animal products (OITE; RS 916.443.10); 3. Ordinance of the DFI of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106); 4. Ordinance of […] 28 November 2014 on the importation, the transit and exportation of pet animals ([…] OITE-AC; RS 916.443.14). 5. Ordinance of 30 October 1985 on the fees levied by the Federal Food Safety and Veterinary Office (Ordinance on the Fees of the Federal Food Safety and Veterinary Office RS 916.472);

B. IMPLEMENTING ARRANGEMENTS

In the cases provided for in Article 8 of Directive 90/425/EEC, the competent authorities of the place of destination shall contact the competent authorities of the place of dispatch without delay. They shall take all necessary measures and notify the competent authority of the place of dispatch and the Commission of the nature of the checks carried out, the decisions taken and the reasons for such decisions.

The Joint Veterinary Committee shall be responsible for the application of the provisions of Articles 10, 11 and 16 of Directive 89/608/EEC and Articles 9 and 22 of Directive 90/425/EEC.

C. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION FOR ANIMALS SENT FOR GRAZING IN BORDER AREAS

1. Definitions

Grazing: dispatching animals to a Member State or to Switzerland with a view to grazing in a 10 km strip on either side of the border. In special, duly substantiated conditions, a wider strip on either side of the border between Switzerland and the Union may be authorised by the competent authorities concerned.

Daily grazing: grazing where the animals are returned to their holding of origin in a Member State or in Switzerland at the end of each day.

2. The provisions of Commission Decision 2001/672/EC (1)* shall apply mutatis mutandis to grazing between the Member States and Switzerland. However, for the purposes of this Annex, the following adjustments shall apply to Article 1 of Decision 2001/672/EC:

— the reference to the period from 1 May to 15 October shall be replaced by “the calendar year”,

— for Switzerland, the parties referred to in Article 1 of Decision 2001/672/EC and referred to in the corresponding Annex shall be: SWITZERLAND Canton of Zürich Canton of Bern/Berne Canton of Luzern Canton of Uri Canton of Schwyz Canton of Obwalden Canton of Nidwalden Canton of Glarus Canton of Zug Canton of Freiburg/Fribourg Canton of Solothurn Canton of Basel Stadt Canton of Basel Land Canton of Schaffhausen Canton of Appenzell Ausserrhoden Canton of Appenzell Innerrhoden Canton of Sankt Gallen Canton of Graubunden Canton of Aargau Canton of Thurgau Canton of Ticino Canton of Vaud Canton of Valais/Wallis Canton of Neuchâtel Canton of Geneva Canton of Jura

Pursuant to the Ordinance on epizootic diseases of 27 June 1995 (OFE; RS 916.401), and in particular Article 7 (registration) thereof and the Ordinance of 26 November 2011 on the database on animal movements (Ordinance on the BDTA; RS 916.404.1), and in particular Section 2 (content of the database) thereof, Switzerland is to allocate to each pasturage a specific registration code which must be registered in the national database on bovine animals.

3. In the case of grazing between the Member States of the Community and Switzerland, the official veterinarian of the country of dispatch shall:

(a) on the date of issue of the certificate and no later than 24 hours before the planned date of arrival of the animals, by means of the computerised system linking veterinary authorities provided for in Article 20 of Directive 90/425/EEC, inform the competent authority of the place of destination (local veterinary unit) to which the animals have been dispatched;

(b) examine the animals within 48 hours prior to their departure for the grazing ground; the animals must be duly identified;

(c) issue a certificate in accordance with the model in point 9 below.

4. Throughout the duration of the grazing period, the animals shall remain under customs control.

5. The holder of the animals must:

(a) agree, in a written statement, to comply with all measures taken pursuant to this Annex and any other measures introduced at local level, in the same way as any holder originating in a Member State of the Community or Switzerland;

(b) pay the costs of the checks required pursuant to this Annex;

(c) cooperate fully with arrangements for customs or veterinary checks required by the authorities of the country of dispatch or of destination.

6. When the animals return at the end of the season or before, the official veterinarian of the country where the grazing ground is located shall:

(a) on the date of issue of the certificate and no later than 24 hours before the planned date of arrival of the animals, by means of the computerised system linking veterinary authorities provided for in Article 20 of Directive 90/425/EEC, inform the competent authority of the place of destination (local veterinary unit) to which the animals have been dispatched;

(b) examine the animals within 48 hours prior to their departure for the grazing ground; the animals must be duly identified;

(c) issue a certificate in accordance with the model in point 9 below.

7. In the event of outbreaks of disease, the competent veterinary authorities shall take appropriate measures by mutual agreement. Those authorities shall consider how to cover any costs involved. If necessary, the matter shall be referred to the Joint Veterinary Committee.

8. As an exception to the rules on grazing in points 1 to 7, in the case of daily grazing between the Member States of the Community and Switzerland:

(a) the animals shall not enter into contact with animals from another holding;

(b) the holders of such animals shall undertake to inform the competent veterinary authority of any contact between their animals and animals from another holding;

(c) the health certificate set out in point 9 below shall be presented to the competent veterinary authorities every calendar year when the animals first enter a Member State or Switzerland. This health certificate must be presented to the competent veterinary authorities at the request of the latter;

(d) points 2 and 3 above shall apply only to the first time in each calendar year that the animals are dispatched to a Member State or to Switzerland;

(e) point 6 shall not apply;

(f) the holders of animals shall undertake to inform the competent veterinary authority of the end of the grazing period.

9. Model health certificate for bovine animals sent for grazing or daily grazing in border areas and for bovine animals returning from border grazing:

Model health certificate for bovine animals sent for grazing or daily grazing in border areas and for bovine animals returning from border grazing

CHAPTER III

Conditions for trade between the European Union and Switzerland

A. LEGISLATION

For the trade in live animals, their semen, ova, embryos, and the border grazing of bovine animals between the European Union and Switzerland, the health certificates are those provided for by this Annex and available in the TRACES system, pursuant to Commission Regulation (EC) No 599/2004 (2)*.

CHAPTER IV

Veterinary checks applicable to imports from third countries

A. LEGISLATION (*3)

Checks on imports from third countries shall be carried out in accordance with the provisions of the following acts:

European Union Switzerland 1. Commission Regulation (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community (OJ L 49, 19.2.2004, p. 11); 2. Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1). 3. Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991, p. 56); 4. Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stock farming of certain substances having a hormonal or thyrostatic action and of ß-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 23.5.1996, p. 3); 5. Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10); 6. Commission Decision 97/794/EC of 12 November 1997 laying down certain detailed rules for the application of Council Directive 91/496/EEC as regards veterinary checks on live animals to be imported from third countries (OJ L 323, 26.11.1997, p. 31). 7. Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (OJ L 116, 4.5.2007, p. 9). 1. Ordinance of 18 April 2007 on the import, transit and export of animals and animal products (OITE; RS 916.443.10); 2. Ordinance of 18 April 2007 on the import and transit of animals by air from third countries (OITA; RS 916.443.12); 3. Ordinance of 27 August 2008 on the import and transit of animal products by air from third countries (OITPA; RS 916.443.13); 4. Ordinance of the DFI of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106); 5. Ordinance of […] 28 November 2014 on the importation, the transit and exportation of pet animals ([…] OITE-AC; RS 916.443.14); 6. Ordinance of 30 October 1985 on the fees levied by the Federal Food Safety and Veterinary Office (Ordinance on the Fees of the Federal Food Safety and Veterinary Office; RS 916.472); 7. Ordinance of 18 August 2004 on veterinary medicinal products (OMédV; RS 812.212.27).

B. IMPLEMENTING ARRANGEMENTS

1. For the purposes of implementing Article 6 of Directive 91/496/EEC, the Member States’ border inspection posts approved for veterinary checks on live animals are listed in the Annex to Commission Decision 2009/821/EC ( 3 ) * .

2. For the purposes of implementing Article 6 of Directive 91/496/EEC, the border inspection posts for Switzerland shall be: Name TRACES code Type Inspection centre Type of approval Zürich Airport CHZRH4 A Centre 3 O – Other animals (including zoo animals) (*4) Geneva Airport CHGVA4 A Centre 2 O – Other animals (including zoo animals) (*4) The Joint Veterinary Committee shall be responsible for any subsequent amendments to the list of border inspection posts, their inspection centres and their type of approval. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 19 of Directive 91/496/EC and Article 57 of the Law on epizootic diseases.

3. The Federal Food Safety and Veterinary Office shall apply, simultaneously with the Member States of the European Union, the import conditions referred to in Appendix 3 of this Annex, and the implementing measures. The Federal Food Safety and Veterinary Office may adopt more restrictive measures and require additional guarantees. Consultations shall be held within the Joint Veterinary Committee to find suitable solutions. The Federal Food Safety and Veterinary Office and the Member States of the European Union shall notify each other of the specific import conditions established bilaterally which have not been harmonised at European Union level.

4. The border inspection posts of the Member States of the European Union referred to in point 1 shall check imports from third countries destined for Switzerland in accordance with point A of Chapter IV of this Appendix.

5. The Swiss border inspection posts mentioned in point 2 shall check imports from third countries destined for the Member States of the European Union in accordance with point A of Chapter IV of this Appendix.

CHAPTER V

Specific provisions

1. IDENTIFICATION OF LIVESTOCK

A. LEGISLATION (*5)

Checks on imports from third countries shall be carried out in accordance with the provisions of the following acts:

European Union Switzerland 1. Council Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs (OJ L 213, 8.8.2008, p. 31). 2. Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1). 1. Ordinance on epizootic diseases of 27 June 1995 (OFE; RS 916.401), and in particular Articles 7 to 15f (registration and identification) thereof; 2. Ordinance of 26 October 2011 on the database on animal movements (RS 916.404.1).

B. IMPLEMENTING ARRANGEMENTS

(a) The Joint Veterinary Committee shall be responsible for the application of Article 4(2) of Directive 2008/71/EC.

(b) On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 22 of Regulation (EC) No 1760/2000, Article 57 of the Act on epizootic diseases and Article 1 of the Ordinance of […] 23 October 2013 on the coordination of inspections of agricultural holdings (OCI, RS 910.15).

2. ANIMAL WELFARE

A. LEGISLATION (*6)

European Union Switzerland 1. Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1). 2. Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts and amending the route plan referred to in the Annex to Directive 91/628/EEC (OJ L 174, 2.7.1997, p. 1). 1. Federal Law of 16 December 2005 on animal welfare (LPA; RS 455), and in particular Articles 15 and 15a (principles, international transports of animals); 2. Ordinance of 23 April 2008 on animal welfare (OPAn; RS 455.1), and in particular Articles 169 to 176 (international transports of animals);

B. IMPLEMENTING ARRANGEMENTS

(a) The Swiss authorities undertake to comply with the provisions of Regulation (EC) No 1/2005 for trade between Switzerland and the European Union and for imports from third countries.

(b) In the cases provided for in Article 26 of Regulation (EC) No 1/2005, the competent authorities of the place of destination shall contact the competent authorities of the place of departure without delay.

(c) The Joint Veterinary Committee shall be responsible for the application of Articles 10, 11 and 16 of Council Directive 89/608/EEC ( 4 ) * .

(d) On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance, in particular, with Article 28 of Regulation (EC) No 1/2005 and Article 208 of the Ordinance of 23 April 2008 on animal welfare (OPAn; RS 455.1);

(e) Pursuant to the provisions of Article 15a(3) of the Federal Act of 16 December 2005 on animal welfare (LPA; RS 455), transit via Switzerland of bovine animals, sheep, goats and pigs, horses for slaughter and poultry for slaughter is authorised only by rail or aeroplane. This matter shall be examined by the Joint Veterinary Committee.

3. FEES

1. No fees shall be charged for veterinary checks carried out in trade between the Member States of the European Union and Switzerland.

2. The veterinary authorities undertake the charge the fees provided for in Regulation (EC) No 882/2004 of the European Parliament and of the Council ( 5 ) * for veterinary checks of imports from third countries.

(1)* Commission Decision 2001/672/EC of 20 August 2001 laying down special rules applicable to movements of bovine animals when put out to summer grazing in mountain areas ( OJ L 235, 4.9.2001, p. 23 ).

(2)* Commission Regulation (EC) No 599/2004 of 30 March 2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-Community trade in animals and products of animal origin ( OJ L 94, 31.3.2004, p. 44 ).

(3)* Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces ( OJ L 296, 12.11.2009, p. 1 ).

(4)* Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters ( OJ L 351, 2.12.1989, p. 34 );