ANNEX

The Secretary of the Committee

The Head of the Swiss Delegation

The President and Head of the Delegation of the European Union

For the Joint Committee on Agriculture

This Decision shall enter into force on 1 January 2011.

The Appendices to Annex 6 to the Agreement are hereby replaced by the texts of Appendices annexed to this Decision.

‘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 mentioned in Article 2(3).’

Article 3(1) is replaced by the following:

‘3. The national authorities responsible for the implementation of the legislation shall be listed in Appendix 2. A list of the bodies responsible for conformity checks, as regularly updated, can be obtained from the Authorities listed in Appendix 2.’

Article 2(3) is replaced by the following:

HAS DECIDED AS FOLLOWS:

Articles 2 and 3 and Appendices 1, 2, 3 and 4 to Annex 6 should therefore be amended to take into account these various changes,

Following the enlargement of the European Union, the lists of third countries recognised by both parties must be amended.

Since the entry into force on 1 July 2004, of the above Decision No 4, the legislative provisions of the Parties listed in Appendices 1, 3 and 4 have been amended in areas which affect the Agreement.

The Parties have committed themselves to ensure that the border checks for the seeds of the species for which the Parties have recognised the conformity of their legislation, listed in Appendix 1, section 1, are to be abolished.

The Parties have considered that their respective legislative provisions on vine propagating material are achieving the same effects.

The Parties have considered that a simplification of Appendix 2 listing the bodies mentioned in Article 2(3) and Article 3(1) had to be achieved.

Appendix 4 lists the third countries recognised by both parties from which the seed may be imported. Furthermore it defines the species concerned and the scope of recognition.

Appendix 3 lists the derogations authorised by the European Union and by Switzerland.

Appendix 2 lists seed inspection and certification bodies of the Parties.

Appendix 1, section 1, defines the legislation of both parties and recognises that the requirements laid down in those legislations have the same effects.

The appendices to Annex 6 were replaced for the first time by Decision No 4/2004 of the Joint Committee on Agriculture, attached to Commission Decision 2004/660/EC (1) .

Annex 6 concerns seeds and propagating material of agricultural, vegetable, fruit and ornamental plant species and of vines. The said Annex 6 is supplemented by four appendices.

The Agreement entered into force on 1 June 2002.

Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, and in particular Article 11 thereof,

concerning the amendments to Annex 6

DECISION No …/2010 OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS

Appendix 1

LEGISLATION (2)

Section 1 (recognition of the conformity of legislation)

A. PROVISIONS OF THE UNION

1. Legislative acts

Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298/66).

Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309/66).

Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (OJ L 93, 17.4.1968, p. 15).

Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, p. 1).

Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 193, 20.7.2002, p. 12).

Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (OJ L 193, 20.7.2002, p. 60).

Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74).

2. Non-legislative acts

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).

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).

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 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).

Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries (OJ L 8, 14.1.2003, p. 10).

Commission Directive 2003/90/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species (OJ L 254, 8.10.2003, p. 7).

Commission Decision 2004/266/EC of 17 March 2004 authorising the indelible printing of prescribed information on packages of seed of fodder plants (OJ L 83, 20.3.2004, p. 23).

Commission Directive 2004/29/EC of 4 March 2004 on determining the characteristics and minimum conditions for inspecting vine varieties (OJ L 71, 10.3.2004, p. 22).

Commission Decision 2004/842/EC of 1 December 2004 concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted (OJ L 362, 9.12.2004, p. 21).

Council Decision 2005/834/EC of 8 November 2005 on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC (OJ L 312, 29.11.2005, p. 51).

Commission Directive 2006/47/EC of 23 May 2006 laying down special conditions concerning the presence of Avena fatua in cereal seed (OJ L 136, 24.5.2006, p. 18).

Commission Directive 2008/124/EC of 18 December 2008 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 340, 19.12.2008, p. 73).

Commission Regulation (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (OJ L 191, 23.7.2009, p. 10).

B. SWISS PROVISIONS (3)

Federal Law of 29 April 1998 on agriculture (RS 910.1).

Ordinance of 7 December 1998 on the production and entry into free circulation of plant propagating material (RS 916.151).

DFE Ordinance of 7 December 1998 on seeds and seedlings of species of arable crops and fodder plants (RS 916.151.1).

OFAG Ordinance of 7 December 1998 on the catalogue of varieties of cereals, potatoes, fodder plants, oil and fibre plants and beet (RS 916.151.6).

DFE Ordinance of 2 November 2006 on the production and entry into free circulation of vine propagating material (RS 916.151.3).

Section 2 (mutual recognition of certificates)

A. PROVISIONS OF THE UNION

1. Legislative acts

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2. Non-legislative acts

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B. SWISS PROVISIONS

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C. CERTIFICATES REQUIRED FOR IMPORTS

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