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. The way technical obstacles to trade in agricultural products are to be reduced in the various fields shall be as set out in the Annexes hereto as follows:

- 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.

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.

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.

Article 11

Amendments

The Committee may decide to amend Annexes 1 and 2 and the Appendices to the other Annexes hereto.

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

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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

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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

(Appendices 1 to 4 to be drawn up)

Appendix 5: Exchange of information

ANNEX 5 on animal feed

(Appendix 1 to be drawn up)

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: List of instruments referred to in Article 4 relating to wine-sector products

Appendix 2: Protected names referred to in Article 6

Appendix 3: relating to Articles 6 and 25

ANNEX 8 on the mutual recognition and protection of names of spirit drinks and aromatised wine-based drinks

Appendix 1: Protected names of spirit drinks originating in the Community

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

ANNEX 9 on organically produced agricultural products and foodstuffs

Appendix 1: List of regulations applicable

Appendix 2: Rules of application

ANNEX 10 on recognition of conformity checks for fruit and vegetables subject to marketing standards

Appendix: Swiss inspection bodies authorised to issue inspection certificates as provided for in Article 3 of Annex 10

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 and certain animal products from third countries

Appendix 4: Zootechnical provisions, including those governing imports from third countries

Appendix 5: Checks and 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: Border checks and inspection fees

Appendix 11: Contact points

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.

>TABLE>

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.

>TABLE>

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 1250 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 2500 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.

(1) The basic amounts are to be calculated by common agreement by the Parties on the basis of the difference in the institutional prices for milk likely to be in force when the Agreement enters into force, plus an additional amount for milk processed into cheese, obtained on the basis of the quantity of milk needed to manufacture the cheeses concerned, minus (except in the case of cheeses subject to quotas) the reduction of customs duty applied by the Community. Subsidies may be granted solely on cheeses manufactured from milk produced entirely in Swiss territory.

Appendix 1

Concessions granted by the Community

Imports into the Community

>TABLE>

Appendix 2

Concessions granted by Switzerland

(a) Imports into Switzerland

>TABLE>

(b) Exports from Switzerland

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

>TABLE>

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.

>TABLE>

ANNEX 4

ON PLANT HEALTH

Article 1

Objective

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.

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.

3. The Parties mutually recognise the plant passports issued by the organisations listed in Appendix 3 to be drawn up by the Committee in accordance with Article 11 of the Agreement. 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.

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.

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.

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

Article 2

Definitions

For the purposes of this Annex:

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

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

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

Article 3

Exchange of information

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

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

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

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

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

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

Article 4

General provisions on controls

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

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

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

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

- are conducted generally without advance warning,

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

Article 5

Checks at origin

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

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

Article 6

Checks at destination

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

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

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

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

- decontaminate them where appropriate, or

- treat them in any other suitable manner, or

- use them for other purposes, or

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

- destroy the products.

Article 7

Checks of products from territories outside the Parties

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

- nature,

- origin,

- geographical destination,

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

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

Article 8

Cooperation in the event of infringements

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

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

Article 9

Products subject to prior authorisation

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

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

Article 10

Consultations and safeguard measures

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

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

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

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

Article 11

Working Group on Animal Feed

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

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

Article 12

Confidentiality

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

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

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

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

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

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

Appendix 2

List of legislative provisions referred to in Article 9

Community provisions

Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1), as last amended by Directive 98/19/EC (OJ L 96, 28.3.1998, p. 39)

Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (OJ L 213, 21.7.1982, p. 8), as last amended by Directive 96/25/EC (OJ L 125, 23.5.1996, p. 35)

Swiss provisions

Ordonnance of the Conseil Fédéral of 26 January 1994 on the producing and marketing of animal feedingstuffs, as last amended on 7 December 1998 (RO 1999 312)

Ordonnance of the Département Fédéral de l'Économie Publique of 1 March 1995 on the production and marketing of animal feedingstuffs, additives intended for animal nutrition and silage additives, as last amended on 10 January 1996 (RO 1996 208)

ANNEX 6

ON SEEDS

Article 1

Purpose

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

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

Article 2

Recognition of the conformity of legislation

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

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

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

Article 3

Mutual recognition of certificates

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

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

Article 4

Approximation of laws

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

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

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

Article 5

Varieties

1. Switzerland shall permit the marketing in its territory of seeds of the varieties listed in the common catalogue of the Community in the case of the species covered by the legislation listed in section 1 of Appendix 1.

2. The Community shall permit the marketing in its territory of seeds of the varieties listed in the Swiss national catalogue in the case of the species covered by the legislation listed in section 1 of Appendix 1.

3. Paragraphs 1 and 2 shall not apply to genetically modified varieties.

4. The Parties shall inform each other of applications and withdrawals of applications for acceptance and of the registration of new varieties in a national catalogue and any amendments thereto. They shall provide each other on request with a brief description of the chief characteristics relating to the use of each new variety and the characteristics by which a variety can be distinguished from other known varieties. Each Party shall keep files at the disposal of the other containing a description of each accepted variety and a clear summary of all the grounds on which such acceptance is based. In the case of genetically modified varieties, the Parties shall inform each other of the results of risk assessments for the release of such varieties into the environment.

5. The Parties may hold technical consultations with a view to assessing the data on which acceptance of a given variety is based in either Party. Where appropriate, the Working Group on Seeds shall be kept informed of the results of such consultations.

6. The Parties shall use existing computerised information exchange systems or such systems to be developed to facilitate the exchange of information as referred to in paragraph 4.

Article 6

Derogations

1. Derogations authorised by the Community and by Switzerland as listed in Appendix 3 shall be allowed by Switzerland and the Community respectively in trade in seeds of the species covered by the legislation listed in section 1 of Appendix 1.

2. The Parties shall inform each other of any derogations on the marketing of seeds that they intend to implement in their territory or in part thereof. In the case of derogations of short duration or which must enter into force immediately, ex post notification shall suffice.

3. Notwithstanding Article 5(1), Switzerland may decide to prohibit the marketing in its territory of seeds of accepted varieties in the common catalogue of the Community.

4. Notwithstanding Article 5(2), the Community may decide to prohibit the marketing in its territory of seeds of accepted varieties in the Swiss national catalogue.

5. Paragraphs 3 and 4 shall apply in cases provided for in the legislation of both Parties listed in section 1 of Appendix 1.

6. Both Parties may have recourse to paragraphs 3 and 4:

- within three years following the entry into force of this Annex, in the case of varieties listed in the common catalogue of the Community or in the Swiss national catalogue prior to the entry into force of this Annex,

- within three years following the receipt of the information referred to in Article 5(4), in the case of varieties entered in the common catalogue of the Community or the Swiss national catalogue after the entry into force of this Annex.

7. Paragraph 6 shall apply by analogy to varieties of the species covered by provisions added, pursuant to Article 4, to the list in section 1 of Appendix 1 after the entry into force of this Annex.

8. The Parties may hold technical consultations with a view to assessing the implications for this Annex of derogations as referred to in paragraphs 1 to 4.

9. Paragraph 8 shall not apply where the Member States of the Community are responsible for deciding on derogations pursuant to the legislation listed in section 1 of Appendix 1. Paragraph 8 shall not apply to derogations adopted by Switzerland in similar cases.

Article 7

Third countries

1. Without prejudice to Article 10, this Annex shall also apply to seeds marketed in both Parties and originating in a country other than a Member State of the Community or Switzerland and recognised by both Parties.

2. The list of third countries as referred to in paragraph 1, the species concerned and the scope of such recognition shall be as set out in Appendix 4.

Article 8

Comparative trials

1. Comparative trials shall be held with a view to ex post checks of samples of seeds taken from batches marketed in the two Parties. Switzerland shall participate in the Community's comparative trials.

2. The Working Group on Seeds shall be assess the organisation of comparative trials in the Parties.

Article 9

Working Group on Seeds

1. The Working Group on Seeds, referred to as the "Working Group", set up under Article 6(7) of the Agreement, shall consider any matter which may arise in connection with this Annex and its implementation.

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 shall in particular put forward proposals to the Committee with a view to the adaptation and updating of the Appendices hereto.

Article 10

Agreements with other countries

The Parties agree that agreements on mutual recognition concluded by either Party with any third country may under no circumstances give rise to any obligation on the other to accept reports, certificates, authorisations or marks issued by the conformity assessment bodies of such third countries, except where the Parties have agreed formally thereto.

Appendix 1

Legislation

Section 1 (recognition of the conformity of legislation)

A. COMMUNITY PROVISIONS

1. Basic legislation

- Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309/66), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10)

- Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes (OJ 125, 11.7.1966, p. 2320/66), as last amended by Commission Decision 98/111/EC (OJ L 28, 4.2.1998, p. 42)

- Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species (OJ L 225, 12.10.1970, p. 1), as last amended by the Act of Accession of 1994(1).

2. Implementing provisions(2)

- Commission Directive 72/180/EEC of 14 April 1972 determining the characteristics and minimum conditions for examining agricultural varieties (OJ L 108, 8.5.1972, p. 8)

- Commission Directive 74/268/EEC of 2 May 1974 laying down special conditions concerning the presence of Avena fatua in fodder plant and cereal seed (OJ L 141, 24.5.1974, p. 19), as last amended by Directive 78/511/EEC (OJ L 157, 15.6.1978, p. 34)

- Commission Decision 80/755/EEC of 17 July 1980 authorising the indelible printing of prescribed information on packages of cereal seed (OJ L 207, 9.8.1980, p. 37), as last amended by Decision 81/109/EEC (OJ L 64, 11.3.1981, p. 13)

- Commission Decision 81/675/EEC of 28 July 1981 establishing that particular sealing systems are "non-reusable systems" within the meaning of Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC (OJ L 246, 29.8.1981, p. 26), as last amended by Decision 86/563/EEC (OJ L 327, 22.11.1986, p. 50)

- Commission Decision 86/110/EEC of 27 February 1986 on the conditions under which derogations from the prohibition on the use of EEC labels for the purpose of resealing and relabelling packages of seed produced in third countries (OJ L 93, 8.4.1986, p. 23)

- Commission Directive 93/17/EEC of 30 March 1993 determining Community grades of basic seed potatoes, together with the conditions and designations applicable to such grades (OJ L 106, 30.4.1993, p. 7)

- Commission Decision 94/650/EC of 9 September 1994 on the organisation of a temporary experiment on the marketing of seed in bulk to the final consumer (OJ L 252, 28.9.1994, p. 15), as last amended by Decision 98/174/EC (OJ L 63, 4.3.1998, p. 31)

- Commission Decision 98/320/EC of 27 April 1998 on the organisation of a temporary experiment on seed sampling and seed testing pursuant to Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC (OJ L 140, 12.5.1998, p. 14).

B. SWISS PROVISIONS(3)

- Federal Law of 29 April 1998 on agriculture (RO 1998 3033)

- Ordinance of 7 December 1998 on the production and entry into free circulation of plant propagating material (RO 1999 420)

- DFE Ordinance of 7 December 1998 on seeds and seedlings of species of arable crops and fodder plants (RO 1999 781)

- OFAG Ordinance on the catalogue of varieties of cereals, potatoes, fodder plants and hemp (RO 1999 429)(4).

Section 2 (mutual recognition of certificates)

A. COMMUNITY PROVISIONS

1. Basic legislation

- Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (OJ 125, 11.7.1966, p. 2290/66), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10)

- Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298/66), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10)

- Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (OJ L 169, 10.7.1969, p. 3), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10).

2. Implementing provisions(5)

- Commission Directive 75/502/EEC of 25 July 1975 limiting the marketing of seed of smooth-stalk meadowgrass (Poa pratensis L.) to seed which has been officially certified "basic seed" or "certified seed" (OJ L 228, 29.8.1975, p. 26)

- Commission Decision 81/675/EEC of 28 July 1981 establishing that particular sealing systems are "non-reusable systems" within the meaning of Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC (OJ L 246, 29.8.1981, p. 26), as last amended by Decision 86/563/EEC (OJ L 327, 22.11.1986, p. 50)

- Commission Directive 86/109/EEC of 27 February 1986 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as "basic seed" or "certified seed" (OJ L 93, 8.4.1986, p. 21), as last amended by Directive 91/376/EEC (OJ L 203, 26.7.1991, p. 108)

- Commission Decision 86/110/EEC of 27 February 1986 on the conditions under which derogations from the prohibition on the use of EEC labels for the purpose of resealing and relabelling packages of seed produced in third countries (OJ L 93, 8.4.1996, p. 23)

- Commission Decision 87/309/EEC of 2 June 1987 authorising the indelible printing of prescribed information on packages of seed of certain fodder plant species (OJ L 155, 16.6.1987, p. 26), as last amended by Decision 97/125/CE (OJ L 48, 19.2.1997, p. 35)

- Commission Decision 92/195/EEC of 17 March 1992 on the organisation of a temporary experiment under Council Directive 66/401/EEC on the marketing of fodder plant seed with regard to increasing the maximum weight of a lot (OJ L 88, 3.4.1992, p. 59), as last amended by Decision 96/203/EC (OJ L 65, 15.3.1996, p. 41)

- Commission Decision 94/650/EC of 9 September 1994 on the organisation of a temporary experiment on the marketing of seed in bulk to the final consumer (OJ L 252, 28.9.1994, p. 15), as last amended by Decision 98/174/EC (OJ L 63, 4.3.1998, p. 3)

- Commission Decision 95/232/EC of 27 June 1995 on the organisation of a temporary experiment under Council Directive 69/208/EEC in order to establish conditions to be satisfied by the seed of hybrids and varietal associations of swede rape and turnip rape (OJ L 154, 5.7.1995, p. 22), as last amended by Decision 98/173/EC (OJ L 63, 4.3.1998, p. 30)

- Commission Decision 96/202/EC of 4 March 1996 on the organisation of a temporary experiment with regard to the maximum content of inert matter in soya bean seed (OJ L 65, 15.3.1996, p. 39)

- Commission Decision 97/125/EC of 24 January 1997 authorising the indelible printing of prescribed information on packages of seed of oil and fibre plants and amending Decision 87/309/EEC authorising the indelible printing of prescribed information on packages of certain fodder plant species (OJ L 48, 19.2.1997, p. 35)

- Commission Decision 98/320/EC of 27 April 1998 on the organisation of a temporary experiment on seed sampling and seed testing pursuant to Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC (OJ L 140, 12.5.98, p. 14).

B. SWISS PROVISIONS

- Federal Law of 29 April 1998 on agriculture (RO 1998 3033)

- Ordinance of 7 December 1998 on the production and entry into free circulation of plant propagating material (RO 1999 420)

- DFE Ordinance of 7 December 1998 on seeds and seedlings of species of arable crops and fodder plants (RO 1999 781)

- DFEP catalogue of seeds of 6 June 1974, as last amended on 7 December 1998 (RO 1999 408).

C. CERTIFICATES REQUIRED FOR IMPORTS

(a) By the European Community:

documents as provided for in Council Decision 95/514/EC (OJ L 296, 9.12.1995, p. 34), as last amended by Decision 98/162/EC (OJ L 53, 24.2.1998, p. 21).

(b) By Switzerland:

official EC or OECD packaging labels issued by the bodies listed in Appendix 2 to this Annex and orange or green ISTA certificates or similar seed analysis certificates for each batch of seed.

(1) Where applicable, only with regard to cereal seed or seed potatoes.

(2) Where applicable, only with regard to cereal seed or seed potatoes.

(3) Local varieties authorised for marketing in Switzerland are not covered.

(4) Where applicable, only with regard to cereal seed or seed potatoes.

(5) Where applicable, excluding cereal seed or seed potatoes.

Appendix 2

Seed inspection and certification bodies

A. European Community

>TABLE>

B. Switzerland

Service des Semences et Plants

RAC Changins

Nyon

Dienst für Saat- unf Pflanzgut

FAL Reckenholz

Zürich

Appendix 3

Community derogations allowed by Switzerland(1)

(a) Dispensing certain Member States from the obligation to apply Council Directive 66/402/EEC on the marketing of cereal seed to certain species:

- Commission Decision 69/270/EEC (OJ L 220, 1.9.1969, p. 8)

- Commission Decision 69/271/EEC (OJ L 220, 1.9.1969, p. 9)

- Commission Decision 69/272/EEC (OJ L 220, 1.9.1969, p. 10)

- Commission Decision 70/47/EEC (OJ L 13, 19.1.1970, p. 26), as last amended by Decision 80/301/EEC (OJ L 68, 14.3.1980, p. 30)

- Commission Decision 74/5/EEC (OJ L 12, 15.1.1974, p. 13)

- Commission Decision 74/361/EEC (OJ L 196, 19.7.1974, p. 19)

- Commission Decision 74/532/EEC (OJ L 299, 7.11.1974, p. 14)

- Commission Decision 80/301/EEC (OJ L 68, 14.3.1980, p. 30)

- Commission Decision 86/153/EEC (OJ L 115, 3.5.1986, p. 26)

- Commission Decision 89/101/EEC (OJ L 38, 10.2.1989, p. 37).

(b) Authorising certain Member States to restrict the marketing of seed of certain varieties of cereals and of seed potatoes of certain varieties (see Common Catalogue of Varieties of Agricultural Plant Species, 20th complete edition, column 4 (OJ C 264 A, 30.8.1997, p. 1).

(c) Authorising certain Member States to adopt more stringent provisions concerning the presence of Avena fatua in cereal seed:

- Commission Decision 74/269/EEC (OJ L 141, 24.5.1974, p. 20), as amended by Decision 78/512/EEC (OJ L 157, 15.6.1978, p. 35)(2)

- Commission Decision 74/531/EEC (OJ L 299, 7.11.1974, p. 13)

- Commission Decision 95/75/EC (OJ L 60, 18.3.1995, p. 30)

- Commission Decision 96/334/EC (OJ 127, 25.5.1996, p. 39).

(d) Authorising, in respect of the marketing of seed potatoes in all or part of the territory of certain Member States, more stringent measures against certain diseases than are provided for in Annexes I and II to Council Directive 66/403/EEC:

- Commission Decision 93/231/EEC (OJ L 106, 30.4.1993, p. 11), as amended by Decisions:

- 95/21/EC (OJ L 28, 7.2.1995, p. 13)

- 95/76/EC (OJ L 60, 18.3.1995, p. 31)

- 96/332/EC (OJ L 127, 25.5.1996, p. 31).

(1) Where applicable, only with regard to varieties of cereal seed or seed potatoes.

(2) Where applicable, only with regard to cereal seed or seed potatoes.

Appendix 4

List of third countries(1)

Argentina

Australia

Bulgaria

Canada

Chile

Croatia

Czech republic

Hungary

Israel

Morocco

New Zealand

Norway

Poland

Romania

Slovakia

Slovenia

South Africa

Turkey

United States of America

Uruguay

(1) Recognition is based on Council Decision 95/514/EC (OJ L 296, 9.12.1995, p. 34), as last amended by Decision 98/162/EC (OJ L 53, 24.2.1998, p. 21) for field inspections of seed-producing crops and seeds produced, and on Council Decision 97/788/EC (OJ L 322, 25.11.1998, p. 39) for checks on practices for the maintenance of varieties. The Agreement on the European Economic Area applies in the case of Norway.

ANNEX 7

ON TRADE IN WINE-SECTOR PRODUCTS

Article 1

The Parties hereby agree, in accordance with the principles of non-discrimination and reciprocity, to facilitate and promote trade with each other in wine-sector products originating in their territory on the conditions laid down herein.

Article 2

This Annex shall apply to wine-sector products as defined:

- for the Community: in Council Regulation (EEC) No 822/87(1), as last amended by Regulation (EC) No 1627/98(2), and covered by CN codes 2009 60 and 2204,

- for Switzerland: in Chapter 36 of the Ordinance of 1 March 1995 on foodstuffs, and covered by Swiss customs tariff numbers 2009 60 and 2204.

Article 3

For the purposes of this Annex and except where otherwise expressly provided herein:

(a) "wine-sector product originating in" followed by the name of one of the Parties means a product within the meaning of Article 2, produced in the territory of the said Party from grapes entirely harvested in its territory in accordance with this Annex;

(b) "geographical indication" means any indication, including designations of origin, within the meaning of Article 22 of the Agreement on Trade Related Aspects of Intellectual Property Rights (hereinafter referred to as "the TRIPs Agreement"), that is recognised by the laws or regulations of one Party for purposes of describing and presenting a wine-based product within the meaning of Article 2 and originating in its territory;

(c) "traditional expression" means a traditionally used name referring in particular to the method of production or the quality, colour or type of wine-sector products within the meaning of Article 2 that is recognised by the laws and regulations of a Party for the purpose of describing and presenting a product originating in the territory of that Party;

(d) "protected name" means a geographical indication or a traditional expression as defined in paragraphs (b) and (c) respectively that is protected under this Annex;

(e) "description" means the names used on labelling, on the documents accompanying the wine-sector product within the meaning of Article 2 during transport, on commercial documents, particularly invoices and delivery notes, and in advertising;

(f) "labelling" means all descriptions and other references, symbols, illustrations and trade marks identifying wine-sector products within the meaning of Article 2 and appearing on the same container, including the sealing device or the tag attached thereto and the sheathing covering the neck of bottles;

(g) "presentation" means the names used on containers, including closing devices, on labelling and on packaging;

(h) "packaging" means protective wrappings such as paper, straw wrapping of all kinds, cartons and cases, used for the transport of one or more containers and/or for their presentation for sale to final consumers.

TITLE I

PROVISIONS APPLICABLE TO IMPORT AND SALE

Article 4

1. Trade between the Parties in wine-sector products within the meaning of Article 2 originating in their territory shall be conducted in accordance with the technical provisions set out this Annex. "Technical provisions" is understood to mean all the provisions listed in Appendix 1 relating to the definition of wine-sector products, oenological practices, the composition of the said products and the rules governing transport and marketing.

2. The Committee may decide to extend the areas covered by paragraph 1.

3. The provisions of the Instruments listed in Appendix 1 relating to their entry into force or their implementation shall not apply for the purposes of this Annex.

4. This Annex shall be without prejudice to the application of national or Community rules on taxation or the relevant control measures.

TITLE II

MUTUAL PROTECTION OF NAMES OF WINE-SECTOR PRODUCTS WITHIN THE MEANING OF ARTICLE 2

Article 5

1. The Parties shall take all necessary steps in accordance with this Annex to ensure mutual protection of the names referred to in Article 6 and used for the description and presentation of wine-sector products within the meaning of Article 2 originating in the territory of the Parties. To that end, each Party shall introduce the appropriate legal means to ensure effective protection and prevent geographical indications and traditional expressions from being used to describe wine-sector products not covered by the indications or descriptions concerned.

2. The protected names of the Parties shall be reserved exclusively for the products originating in the Party to which they apply and may be used only under the conditions laid down in the laws and regulations of that Party.

3. Protection as referred to in paragraphs 1 and 2 shall exclude in particular any use of protected names for wine-sector products within the meaning of Article 2 which do not originate in the geographical area in question, even if:

- the actual origin of the product is shown,

- the geographical indication in question is used in translation,

- the name is accompanied by terms such as "kind", "type", "style", "imitation", "method" or other expressions of the sort.

4. In the case of homonymous geographical indications:

(a) where two indications protected under this Annex are homonymous, protection shall be granted to both of them, provided the consumer is not misled as to the actual origin of the wine-sector products;

(b) where an indication protected under this Annex is homonymous with the name of a geographical area outside the territory of the Parties, the latter name may be used to describe and present a wine-sector product in the geographical area to which the name refers, provided it is traditionally and consistently used, its use for that purpose is regulated by the country of origin and consumers are not misled into believing that the wine originates in the territory of the Party concerned.

5. In the case of homonymous traditional expressions:

(a) where two expressions protected under this Annex are homonymous, protection shall be granted to both of them, provided the consumer is not misled as to the actual origin of the wine-sector products;

(b) where an expression protected under this Annex is homonymous with the name used for a wine-sector product not originating in the territory of the Parties, the latter name may be used to describe and present a wine-sector product, provided it is traditionally and consistently used, its use for that purpose is regulated by the country of origin and consumers are not misled into believing that the wine originates in the territory of the Party concerned.

6. The Committee may, where necessary, lay down practical conditions for use to enable a distinction to be drawn between the homonymous indications or expressions referred to in paragraphs 4 and 5, bearing in mind the need to treat the producers concerned fairly and to ensure that consumers are not misled.

7. The Parties hereby waive their right to invoke Article 24(4) to (7) of the TRIPs Agreement in order to refuse to grant protection to a name from the other Party.

8. The exclusive protection provided for in paragraphs 1, 2 and 3 shall apply to the name "Champagne" on the Community list in Appendix 2 hereto. However, for a transitional period of two years from the entry into force of this Annex, such exclusive protection shall not prevent the word "Champagne" from being used to describe and present certain wines originating in the Swiss canton of Vaud, provided that such wines are not marketed in Community territory and that the consumer is not misled as to the real origin of the wine.

Article 6

The following names shall be protected:

(a) as regards wine-sector products originating in the Community:

- terms referring to the Member State in which the product originates,

- the specific Community terms appearing in Appendix 2,

- the geographical indications and traditional expressions appearing in Appendix 2;

(b) as regards wine-sector products originating in Switzerland:

- the terms "Suisse", "Schweiz", "Svizzera", "Svizra" and any other name designating that country,

- the specific Swiss terms appearing in Appendix 2,

- the geographical indications and traditional expressions appearing in Appendix 2.

Article 7

1. Registration of a brand name for a wine-sector product within the meaning of Article 2 which contains or consists of a geographical indication or a traditional expression protected under this Annex shall be refused or, at the request of the party concerned, invalidated if the product in question does not originate in:

- the place to which the geographical indication refers, or

- the place where the traditional expression is used.

2. However, a trademark registered no later than 15 April 1995 may be used until 15 April 2005, provided it has actually been in continuous use since being registered.

Article 8

The Parties shall take all steps necessary to ensure that, where wine-sector products within the meaning of Article 2 originating in the Parties are exported and marketed outside their territory, the names of one Party protected under this Annex are not used to describe and present such products originating in the other Party.

Article 9

In so far as the relevant legislation of the Parties permits, the protection afforded by this Annex shall extend to natural and legal persons, federations, associations and organisations of producers, traders and consumers whose head offices are located in the territory of the other Party.

Article 10

1. If the description or presentation of a wine-sector product, in particular on the labelling, in official or commercial documents or in advertising, affects the rights arising from this Annex, the Parties shall apply the necessary administrative measures or shall initiate legal proceedings with a view to combating unfair competition or preventing the wrongful use of the protected name by any other means.

2. The measures and proceedings referred to in paragraph 1 shall be taken in particular in the following cases:

(a) where the translation of descriptions sanctioned under Community or Swiss legislation into one of the languages of the other Party gives rise to a word which is liable to be misleading as to the origin of the wine-sector product thus described or presented;

(b) where indications, trademarks, names, references or illustrations which directly or indirectly give false or misleading information as to the provenance, origin, type or material characteristics of the product appear on containers or packaging, in advertising or in official or commercial documents relating to a product whose name is protected under this Annex;

(c) where the containers or packaging used are misleading as to the origin of the product.

Article 11

This Annex shall not preclude any more extensive protection afforded now or in the future to descriptions protected under this Annex by the Parties in accordance with their internal legislation or other international agreements.

TITLE III

MUTUAL ASSISTANCE BETWEEN OFFICIAL CONTROL BODIES

Subtitle I

Preliminary provisions

Article 12

For the purposes of this Title:

(a) "rules concerning trade in wine-sector products" means any provisions covered by this Annex;

(b) "competent authority" means any authority or department designated by a Party as responsible for seeing to the application of the rules concerning trade in wine-sector products;

(c) "contact authority" means the official body or competent authority designated by one Party as responsible for liaising as appropriate with the contact authority of the other Party;

(d) "requesting authority" means a competent authority designated for the purpose by a Party and which presents a request for assistance in areas covered by this title;

(e) "requested authority" means an official body or competent authority designated for the purpose by a Party and which receives a request for assistance in areas covered by this title;

(f) "breach" means any violation or attempted violation of the rules concerning trade in wine-sector products.

Article 13

1. The Parties shall assist each other in accordance with and under the conditions laid down in this title. They shall ensure that the rules concerning trade in wine-sector products are properly applied, in particular by providing each other with assistance and detecting and investigating breaches of the legislation.

2. Assistance as provided for in this title shall be without prejudice to the provisions governing criminal proceedings or judicial assistance between Parties in criminal cases.

Subtitle II

Controls to be conducted by the Parties

Article 14

1. The Parties shall take the steps necessary to guarantee the assistance provided for in Article 13 by means of suitable control measures.

2. Such controls shall be carried out either systematically or by sampling checks. In the case of sampling checks, the Parties shall ensure that they are representative through their number, type and frequency.

3. The Parties shall take appropriate steps to facilitate the work of the officials of their competent authorities, in particular by ensuring that they:

- have access to the vineyards and to production, preparation, storage and processing facilities for wine-sector products, and to the means of transport of such products,

- have access to the sales and storage premises and to the means of transport of any person who holds for sale, sells or transports wine-sector products or products that may be used in preparing them,

- can make an inventory of the wine-sector products and of substances or products that may be used in their preparation,

- can take samples of wine-sector products held for sale, sold or transported,

- can study accounting data and other documents used in control procedures, and make copies or extracts thereof,

- can take suitable interim protective measures concerning the production, preparation, storage, transport, description, presentation and export to the other Party and marketing of wine-sector products or of products that may be used in their preparation where there is a well-founded suspicion of a grave breach of this Annex, and especially in the event of fraudulent tampering with the product or risk to public health.

Article 15

1. Where a Party designates several competent authorities, it shall ensure coordination of their activities.

2. Each Party shall appoint a single contact authority. That authority:

- shall forward requests for collaboration, for the purpose of applying this title, to the contact authority of the other Party,

- shall receive requests of this kind from the said authority and shall forward them to the competent authority or authorities of the Party to which it belongs,

- shall represent that Party vis-à-vis the other within the framework of the collaboration referred to in Subtitle III,

- shall notify to other Party of the steps taken under Article 14.

Subtitle III

Mutual assistance between supervisory authorities

Article 16

1. Upon application by a requesting authority, the requested authority shall communicate to it any useful information which may enable it to verify that the rules concerning trade in wine-sector products are being properly applied, and especially information with regard to existing or planned operations which constitute, or are liable to constitute, a breach of those rules.

2. Where reasoned application is made by the requesting authority, the requested authority shall exercise special supervision or checks with a view to achieving the aims pursued or shall take the necessary measures to ensure that such supervision is so exercised.

3. The requested authority referred to in paragraphs 1 and 2 shall proceed as if acting on its own behalf or at the request of an authority of its own country.

4. By agreement with the requested authority, the requesting authority may designate officials in its service or in the service of another competent authority of the Party which it represents to:

- collect, at the premises of the competent authorities of the Party where the requested authority is established, information relating to the proper application of the rules concerning trade in wine-sector products or to control procedures, and to make copies of the transport and other documents and of entries in registers,

- take part in the measures requested under paragraph 2.

The copies referred to in the first indent may be made only with the consent of the requested authority.

5. A requesting authority wishing to send an official designated in accordance with the first subparagraph of paragraph 4 to another Party to take part in control procedures as referred to in the second indent of that subparagraph shall inform the requested authority in good time before such procedures are commenced. The officials of the requested authority shall remain in charge of the control procedures at all times.

The officials of the requesting authority shall:

- produce a written mandate setting out their identity and official position,

- enjoy, subject to the restrictions which the legislation applicable to the requested authority imposes on its own officials in exercising the control procedures in question:

- rights of access as provided for in Article 14(3),

- right to information concerning the results of the checks conducted by the officials of the requested authority under Article 14(3),

- in the course of the checks, demonstrate an attitude in line with the rules and behaviour incumbent on the officials of the Party on whose territory the control procedure is being performed.

6. Reasoned applications as provided for to in this Article shall be forwarded to the requested authority of the Party concerned through the contact authority of that Party. The same procedure shall apply to:

- replies to such applications,

- communications relating to the application of paragraphs 2, 4 and 5.

Notwithstanding the first paragraph, in order to improve the efficacy and rapidity of collaboration between the Parties, the latter may, where appropriate, permit competent authorities to:

- address reasoned requests and communications directly to competent authorities of the other Party,

- reply directly to reasoned requests and communications from competent authorities of the other Party.

In such cases, those competent authorities shall immediately inform the contact authority of the Party concerned.

Article 17

Where a competent authority of a Party has a reasonable suspicion, or becomes aware, that:

- a wine-sector product does not comply with the rules concerning trade in wine-sector products or is involved in fraudulent action to produce or market such a product, and that

- such non-compliance is of special interest to a Party and is liable to result in administrative measures or legal proceedings,

it shall immediately inform the contact authority of the Party in question, through the contact authority to which it belongs.

Article 18

1. Applications under this title shall be made in writing. They shall be accompanied by the documents needed for the purpose of a reply. Applications presented orally may be accepted where the situation so requires, but must be confirmed immediately in writing.

2. Applications pursuant to paragraph 1 shall be accompanied by the following information:

- the name of the requesting authority,

- the measure requested,

- the purpose or reason for the application,

- the legislation, rules or other legal instruments concerned,

- information as accurate and as full as possible concerning the natural or legal persons under investigation,

- a summary of the relevant facts.

3. Applications shall be made in one of the official languages of the Parties.

4. Where applications do not meet the formal conditions, the requesting authority may be asked to correct or supplement it; interim protective measures may, however, be ordered at all times.

Article 19

1. The requested authority shall communicate the findings of its investigations to the requesting authority in the form of documents, certified copies, reports and the like.

2. The documents referred to in paragraph 1 may be replaced by computerised information produced in any form whatsoever for the same purposes.

Article 20

1. The Party to whom the requested authority belongs may refuse to provide assistance under this title if such assistance may adversely affect sovereignty, public order, security or other vital interests of that Party.

2. Where the requesting authority seeks assistance which it could not itself provide if so requested, it shall draw attention to that fact in its application. It shall then be for the requested authority to decide how to reply to the application.

3. Should assistance be refused, the decision and the reasons for it must be notified immediately to the requesting authority.

Article 21

1. The information referred to in Articles 16 and 17 shall be accompanied by the relevant documents or other evidence and details of any administrative measures or legal proceedings, and shall relate specifically to:

- the composition and organoleptic properties of the wine-sector product in question,

- its description and presentation,

- compliance with the rules covering production, preparation and marketing.

2. The contact authorities concerned by the matter for which the mutual assistance process provided for in Articles 16 and 17 has been initiated shall inform each other immediately of:

- the course of the investigations, in particular through reports and other documents or sources of information,

- any administrative or legal proceedings consequent upon the operations in question.

3. Travel costs incurred through the application of this title shall be borne by the Party which designated an official for the measures provided for in Article 16(2) and (4).

4. This Article shall be without prejudice to national provisions governing the confidentiality of judicial investigations.

Subtitle IV

General provisions

Article 22

1. For the purposes of applying Subtitles II and III, the competent authority of one Party may request a competent authority of the other to collect samples in accordance with the relevant provisions applying in that Party.

2. The requested authority shall keep the samples collected pursuant to paragraph 1 and shall designate the laboratory to which they are to be sent for testing. The requesting authority may designate another laboratory to carry out a parallel analysis of samples. To that end, the requested authority shall forward a suitable number of samples to the requesting authority.

3. In the event of disagreement between the requesting and the requested authorities concerning the results of the tests referred to in paragraph 2, an arbitration analysis shall be carried out by a laboratory designated jointly.

Article 23

1. Any information communicated in whatsoever form under this title shall be confidential. It shall be covered by professional secrecy and enjoy the protection granted to similar information by the laws applying in this field by the Party which receives it, or by the corresponding provisions applying to the Community authorities, as the case may be.

2. Where the legislation or administrative practices of a Party lay down stricter limits for the protection of industrial and commercial secrets than those provided for in this title, the latter shall not oblige that Party to provide information if the requesting Party does not take steps to comply with those stricter limits.

3. The information obtained shall be used only for the purposes of this title; it may not be used for other purposes on the territory of a Party except with the prior written consent of the administrative authority which supplied it, and shall in any case subject to the restrictions laid down by that authority.

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

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

Article 24

Natural and legal persons and associations of such persons whose trade activities may be the subject of the controls provided for in this title may not prevent the exercise of such controls and must at all times facilitate them.

TITLE IV

General provisions

Article 25

Titles I and II shall not apply to wine-sector products within the meaning of Article 2 which:

(a) pass in transit through the territory of one of the Parties; or

(b) originate in the territory of one of the Parties and are traded between them in small quantities, under the conditions and subject to the arrangements laid down in Appendix 3 hereto.

Article 26

The Parties shall:

(a) send each other, on the date of entry into force of this Annex:

- their lists of authorities competent to draw up the documents accompanying the carriage of wine-sector products pursuant to Article 4(1),

- their lists of authorities competent to certify the designation of origin of wine-sector products in the documents accompanying carriage of such products pursuant to Article 4(1),

- their lists of competent authorities and contact authorities as referred to in Article 12 (b) and (c),

- their lists of laboratories authorised to perform analyses in accordance with Article 22(2);

(b) consult and inform each other of the steps taken by each with regard to the application of this Annex. In particular, they shall send each other their applicable provisions and summaries of the administrative and judicial decisions that are particularly important for the purposes of its proper application.

Article 27

1. The Working Group on Wine-Sector Products, hereinafter referred to as "the Working Group", set up under Article 6(7) of the Agreement shall consider any matter which may arise in connection with this Annex and its implementation.

2. The Working Group shall periodically consider the state of the domestic 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.

Article 28

1. Notwithstanding Article 5(8), wine-sector products which, at the time of the entry into force of this Annex, have been produced, prepared, described and presented in compliance with the internal law or regulations of the Parties but are prohibited by this Annex may be sold until stocks run out.

2. Except where provisions to the contrary are adopted by the Committee, wine-sector products which have been produced, prepared, described and presented in compliance with this Annex but whose production, preparation, description and presentation cease to comply therewith as a result of an amendment thereto may continue to be marketed until stocks run out.

Article 29

1. The Parties shall enter into consultations if either considers that the other has failed to fulfil an obligation under this Annex.

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. Where any time limit or delay carries a risk of endangering human health or impairing the effectiveness of measures to combat fraud, interim safeguard measures may be adopted without prior consultation, provided that consultations are held immediately after such measures are taken.

4. If, following the consultations provided for in paragraphs 1 and 3, the Parties fail to reach agreement, the Party which requested the consultations or took the measures provided for in paragraph 3 may take suitable safeguard measures with a view to the proper application of this Annex.

Article 30

The application of the Exchange of Letters between the Community and Switzerland on cooperation concerning official controls of wines signed in Brussels on 15 October 1984, shall be suspended for as long as this Annex remains in force.

(1) OJ L 84, 27.3.1987, p. 1.

(2) OJ L 210, 28.7.1998, p. 8.

Appendix 1

List of instruments referred to in Article 4 relating to wine-sector products

A. Instruments applicable to the import into and marketing in Switzerland of wine-sector products originating in the Community

INSTRUMENTS TO WHICH REFERENCE IS MADE(1)

1. 373 R 2805: Commission Regulation (EEC) No 2805/73 of 12 October 1973 determining a list of white quality wines, produced in specified regions and of imported white quality wines containing a certain percentage of sulphur dioxide and laying down certain transitional provisions relating to the percentage of sulphur dioxide in wines produced before 1 October 1973 (OJ L 289, 16.10.1973, p. 21), as last amended by:

- 377 R 0966: Commission Regulation (EEC) No 966/77 (OJ L 115, 6.5.1977, p. 77)

2. 374 R 2319: Commission Regulation (EEC) No 2319/74 of 10 September 1974 specifying certain wine-growing areas which may produce table wines having a maximum total alcoholic strength of 17° (OJ L 248, 11.9.1974, p. 7)

3. 375 L 0106: Council Directive 75/106/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids (OJ L 42, 15.2.1975, p. 1), as last amended by:

- 389 L 0676: Council Directive 89/676/EEC (OJ L 398, 30.12.1989, p. 18)

4. 376 L 0895: Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (OJ L 340, 9.12.1976, p. 26), as last amended by:

- 397 L 0041: Council Directive 97/41/EC (OJ L 184, 12.7.1997, p. 33)

5. 378 R 1972: Commission Regulation (EEC) No 1972/78 of 16 August 1978 laying down detailed rules on oenological practices (OJ L 226, 17.8.1978, p. 11), as last amended by:

- 380 R 0045: Commission Regulation (EEC) No 45/80 (OJ L 7, 11.1.1980, p. 12)

6. 379 L 0700: Commission Directive 79/700/EEC of 24 July 1979 establishing Community methods of sampling for the official control of pesticide residues in and on fruit and vegetables (OJ L 207, 15.8.1979, p. 26)

7. 384 R 2394: Commission Regulation (EEC) No 2394/84 of 20 August 1984 laying down for the 1984/85 and 1985/86 wine-growing years conditions of use of ion exchange resins and detailed implementing rules for the preparation of rectified concentrated grape must (OJ L 224, 21.8.1984, p. 8), as last amended by:

- 386 R 2751: Commission Regulation (EEC) No 2751/86 (OJ L 253, 5.9.1986, p. 11)

8. 385 R 3804: Council Regulation (EEC) No 3804/85 of 20 December 1985 drawing up the list of areas under vines in certain Spanish regions where table wines may have an actual alcoholic strength which is lower than Community requirements (OJ L 367, 31.12.1985, p. 37)

9. 386 R 0305: Commission Regulation (EEC) No 305/86 of 12 February 1986 on the maximum total sulphur dioxide content of wine originating in the Community produced before 1 September 1986 and, for a transitional period, imported wine (OJ L 38, 13.2.1986, p. 13)

10. 386 R 1888: Commission Regulation (EEC) No 1888/86 of 18 June 1986 on the maximum total sulphur dioxide content of certain sparkling wines originating in the Community and prepared before 1 September 1986, and, for a transitional period, of imported sparkling wines (OJ L 163, 19.6.1986, p. 19)

11. 386 R 2094: Commission Regulation (EEC) No 2094/86 of 3 July 1986 laying down detailed rules for the use of tartaric acid for the de-acidification of specified wine products in certain regions of zone A (OJ L 180, 4.7.1986, p. 17), as amended by:

- 386 R 2736: Commission Regulation (EEC) No 2736/86 (OJ L 252, 4.9.1986, p. 15)

12. 387 R 0822: Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine (OJ L 84, 27.3.1987, p. 1), as last amended by:

- 398 R 1627: Council Regulation (EC) No 1627/98 (OJ L 210, 28.7.1998, p. 8)

13. 387 R 0823: Council Regulation (EEC) No 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions (OJ L 84, 27.3.1987, p. 59), as last amended by:

- 396 R 1426: Council Regulation (EC) No 1426/96 (OJ L 184, 24.7.1996, p. 1)

14. 388 R 3377: Commission Regulation (EEC) No 3377/88 of 28 October 1988 authorising the United Kingdom to permit under certain conditions an additional increase in the alcoholic strength of certain table wines (OJ L 296, 29.10.1988, p. 69)

15. 388 R 4252: Council Regulation (EEC) No 4252/88 of 21 December 1988 on the preparation and marketing of liqueur wines produced in the Community (OJ L 373, 31.12.1988, p. 59), as last amended by:

- 398 R 1629: Council Regulation (EC) No 1629/98 (OJ L 210, 28.7.1998, p. 11)

16. 389 L 0107: Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (OJ L 40, 11.2.1989, p. 27), as amended by:

- 394 L 0034: Council Directive 94/34/EEC (OJ L 237, 10.9.1994, p. 1)

17. 389 L 0109: Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (OJ L 40, 11.2.1989, p. 38), as corrected in OJ L 347, 28.11.1989, p. 37

18. 389 L 0396: Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs (OJ L 186, 30.6.1989, p. 21), as last amended by:

- 392 L 0011: Council Directive 92/11/EEC (OJ L 65, 11.3.1992, p. 32)

19. 389 R 2202: Commission Regulation (EEC) No 2202/89 of 20 July 1989 defining the terms "coupage", "the turning into wine", "bottler" and "bottling" (OJ L 209, 21.7.1989, p. 31)

20. 389 R 2392: Council Regulation (EEC) No 2392/87 of 24 July 1989 laying down general rules for the description and presentation of wines and grape musts (OJ L 232, 9.8.1989, p. 13), as last amended by:

- 396 R 1427: Council Regulation (EC) No 1427/96 (OJ L 184, 24.7.1996, p. 3)

21. 390 L 0642: Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (OJ L 350, 14.12.1990, p. 26), as last amended by:

- 397 L 0071: Commission Directive 97/71/EC (OJ L 347, 18.12.1997, p. 42)

22. 390 R 2676: Commission Regulation (EEC) No 2676/90 of 17 September 1990 determining Community methods for the analysis of wines (OJ L 272, 3.10.1990, p. 1), as last amended by:

- 397 R 0822: Commission Regulation (EC) No 822/97 (OJ L 117, 7.5.1997, p. 10)

23. 390 R 3201: Commission Regulation (EEC) No 3201/90 of 16 October 1990 laying down detailed rules for the description and presentation of wines and grape musts (OJ L 309, 8.11.1990, p. 1), as last amended by:

- 398 R 0847: Commission Regulation (EC) No 847/98 (OJ L 120, 23.4.1998, p. 14)

For the purposes of this Annex, the Regulation shall be read with the following adaptations:

the second subparagraph of Article 9(2) and Article 9(3) shall not apply.

24. 390 R 3220: Commission Regulation (EEC) No 3220/90 of 7 November 1990 laying down conditions for the use of certain oenological practices provided for in Council Regulation (EEC) No 822/87 (OJ L 308, 8.11.1990, p. 22), as last amended by:

- 397 R 2053: Commission Regulation (EC) No 2053/97 (OJ L 287, 21.10.1997, p. 15)

25. 391 R 3223: Commission Regulation (EEC) No 3223/91 of 5 November 1991 authorising the United Kingdom to permit under certain conditions an additional increase in the alcoholic strength of certain table wines (OJ L 305, 6.11.1991, p. 14)

26. 391 R 3895: Council Regulation (EEC) No 3895/91 of 11 December 1991 laying down rules for the description and presentation of special wines (OJ L 368, 31.12.1991, p. 1)

27. 391 R 3901: Commission Regulation (EEC) No 3901/91 of 18 December 1991 laying down certain detailed rules on the description and presentation of special wines (OJ L 368, 31.12.1991, p. 15)

28. 392 R 1238: Commission Regulation (EEC) No 1238/92 of 8 May 1992 determining Community methods applicable in the wine sector for the analysis of neutral alcohol (OJ L 130, 15.5.1992, p. 13)

29. 392 R 2332: Council Regulation (EEC) No 2332/92 of 13 July 1992 on sparkling wines produced in the Community (OJ L 231, 13.8.1992, p. 1), as last amended by:

- 398 R 1629: Council Regulation (EC) No 1629/98 (OJ L 210, 28.7.1998, p. 11)

30. 392 R 2333: Council Regulation (EEC) No 2333/92 of 13 July 1992 laying down general rules for the description and presentation of sparkling wines and aerated sparkling wines (OJ L 231, 13.8.1992, p. 9), as last amended by:

- 396 R 1429: Council Regulation (EC) No 1429/96 (OJ L 184, 24.7.1996, p. 9)

31. 392 R 3459: Commission Regulation (EEC) No 3459/92 of 30 November 1992 authorising the United Kingdom to permit an additional increase in the alcoholic strength of table wines and of quality wines produced in a specified region (OJ L 350, 1.12.1992, p. 60)

32. 393 R 0315: Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (OJ L 37, 13.2.1993, p. 1)

33. 393 R 586: Commission Regulation (EEC) No 586/93 of 12 March 1993 providing for an exception in respect of the volatile acid content of certain wines (OJ L 61, 13.3.1993, p. 39), as last amended by:

- 396 R 0693: Commission Regulation (EC) No 693/96 (OJ L 97, 18.4.1996, p. 17)

34. 393 R 2238: Commission Regulation (EEC) No 2238/93 of 26 July 1993 on the accompanying documents for the carriage of wine products and the relevant records to be kept (OJ L 200, 10.8.1993, p. 10), as corrected in OJ L 301, 8.12.1993, p. 29

For the purposes of this Annex, the Regulation shall be read with the following adaptations:

(a) where the accompanying document is regarded as attesting the designation of origin as provided for in Article 7 of the Regulation, the indications shall be validated in cases covered by the first indent of Article 7(1)(c):

- on copies 1, 2 and 4 in the case of the document referred to in Regulation (EEC) No 2719/92, or

- on copies 1 and 2 in the case of the document referred to in Regulation (EEC) No 3649/92;

(b) for carriage operations as referred to in Article 8(2), the following rules shall apply:

(i) in the case of the document referred to in Regulation (EEC) No 2719/92:

- copy 2 shall accompany the product from the place of loading to the place of unloading in Switzerland and shall be handed to the consignee or his representative,

- copy 4 or a certified copy thereof shall be presented to the competent Swiss authorities by the consignee.

(ii) in the case of the document referred to in Regulation (EEC) No 3649/92:

- copy 2 shall accompany the product from the place of loading to the place of unloading in Switzerland and shall be handed to the consignee or his representative,

- a certified copy of copy 2 shall be presented to the competent Swiss authorities by the consignee;

(c) in addition to the information provided for in Article 3, the document shall include details that make it possible to identify the consignment to which the wine-sector products belong, in accordance with Council Directive 89/396/EEC (OJ L 186, 30.6.1989, p. 21).

35. 393 R 3111: Commission Regulation (EC) No 3111/93 of 10 November 1993 establishing the lists of quality liqueur wines produced in specified regions referred to in Articles 3 and 12 of Regulation (EEC) No 4252/88 (OJ L 278, 11.11.1993, p. 48), as amended by:

- 398 R 0693: Commission Regulation (EC) No 693/98 of 27 March 1998 (OJ L 96, 28.3.1998, p. 17)

36. 394 L 0036: Directive 94/36/EC of the European Parliament and of the Council of 30 June 1994 on colours for use in foodstuffs (OJ L 237, 10.9.1994, p. 13), as corrected in OJ L 252, 4.10.1996, p. 23

37. 394 R 2733: Commission Regulation (EC) No 2733/94 of 9 November 1994 authorising the United Kingdom to permit an additional increase in the alcoholic strength of table wines and of quality wines produced in a specified region (OJ L 289, 10.11.1994, p. 5)

38 394 R 3299: Commission Regulation (EC) No 3299/94 of 21 December 1994 on transitional measures applicable in Austria in the wine-growing sector (OJ L 341, 30.12.1994, p. 37), as amended by:

- 395 R 0670: Commission Regulation (EC) No 670/95 (OJ L 70, 30.3.1995)

39. 395