Proposal for COUNCIL DECISION on the Community position on the amendment of Appendices 1, 2 and 6 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Agreement between the European Community and the Swiss Confederation on trade in agricultural products, hereinafter called the "Agriculture Agreement", entered into force on 1 June 2002.

By a joint declaration attached to the Agriculture Agreement on Annex 11 thereto, relating to animal-health and zootechnical measures applicable to trade in live animals and animal products, the Commission undertook to closely monitor, in collaboration with the Member States concerned, the development of bovine spongiform encephalopathy (BSE) and the measures to combat the disease adopted by Switzerland, with a view to finding an appropriate solution.

In order to be able to lift the import restrictions imposed by certain Member States on Switzerland, it has been agreed to extend the scope of Annex 11 to the Agreement to take account of Community and Swiss legislation on BSE.

Article 2(2) of Annex 11 to the Agriculture Agreement states that the Community and Swiss legislation on measures for the control and notification of animal diseases are set out in Appendix 1 to that Annex and that legislation is to apply subject to the special rules and procedures laid down in that Appendix.

Under Article 3 of Annex 11 to the Agriculture Agreement, trade between the Community and Switzerland in live animals, their semen, ova and embryos is to be carried out in accordance with the legislation specified in Appendix 2 to that Annex, which shall apply subject to the special rules and procedures laid down in that Appendix.

Consequently, the Community and Swiss legislation on BSE and the detailed rules and arrangements for implementing that legislation as regards trade in live bovine animals, their semen, ova and embryos must be inserted in Appendices 1 and 2 to Annex 11 to the Agriculture Agreement.

Chapter 1 of Appendix 6 to Annex 11 to the Agriculture Agreement mutually recognises equivalence in the sector of animal waste under Article 14(1) of Annex 11. The references to Community and Swiss legislation therein should be updated. It has been decided to take account of the legislation in force at 1 July 2003.

Article 19(1) of Annex 11 to the Agriculture Agreement sets up a Joint Veterinary Committee made up of representatives of the parties. It is responsible for examining all questions relating to the said Annex and its implementation and is to carry out the tasks provided for therein. The Joint Veterinary Committee is empowered to adopt decisions in the cases provided for in Annex 11.

Article 19(3) of Annex 11 to the Agriculture Agreement authorises the Joint Veterinary Committee to amend the appendices thereto, in particular with a view to adapting and updating them.

The Community must adopt the position it is to take in the Joint Veterinary Committee regarding the necessary amendments to Appendices 1, 2 and 6 to Annex 11 with a view to extending the scope of the Agreement to include BSE. Under the first subparagraph of Article 5(2) of Decision 2002/309/EC, Euratom, the Community's position is to be adopted by the Council on a proposal from the Commission.

* * *

In particular, the draft amendment updates Appendices 1, 2 and 6 to Annex 11 to the Agriculture Agreement.

Proposal for COUNCIL DECISION on the Community position on the amendment of Appendices 1, 2 and 6 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Decision 2002/309/EC, Euratom of the Council and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation [1], and in particular the first subparagraph of Article 5(2) thereof,

[1] OJ L 114, 30.4.2002, p. 1.

Having regard to the proposal from the Commission [2],

[2] OJ C [...], [...], p. [...].

Whereas:

(1) The Agreement between the European Community and the Swiss Confederation on trade in agricultural products, hereinafter called the "Agriculture Agreement", entered into force on 1 June 2002.

(2) Article 19(1) of Annex 11 to the Agriculture Agreement sets up a Joint Veterinary Committee responsible for examining all questions relating to the said Annex and its implementation and for carrying out the tasks provided for therein. Article 19(3) of that Annex authorises the Committee to amend the appendices thereto, in particular with a view to their adaptation and updating.

(3) By a joint declaration attached to the Agriculture Agreement on Annex 11 thereto, relating to animal-health and zootechnical measures applicable to trade in live animals and animal products, the Commission of the European Communities undertook to closely monitor, in collaboration with the Member States concerned, the development of bovine spongiform encephalopathy (BSE) and the measures to combat the disease adopted by Switzerland, with a view to finding an appropriate solution.

(4) Article 2(2) of Annex 11 to the Agricultural Agreement states that the Community and Swiss legislation on measures for the control and notification of animal diseases are set out in Appendix 1 to that Annex and that legislation is to apply subject to the special rules and procedures laid down in that Appendix.

(5) Under Article 3 of Annex 11 to the Agriculture Agreement, trade between the Community and Switzerland in live animals, their semen, ova and embryos is to be carried out in accordance with the legislation specified in Appendix 2 to that Annex, which is to apply subject to the special rules and procedures laid down in that Appendix.

(6) In order to take account of the measures to combat BSE adopted by Switzerland and the development of the disease, Appendices 1 and 2 to Annex 11 to the Agriculture Agreement should be amended to include the Community and Swiss legislation on BSE and the detailed rules and arrangements for implementing that legislation as regards trade in live bovine animals, their semen, ova and embryos.

(7) In addition, since there have been changes in the Community and Swiss legislation on animal-health measures applied to animal products between when Annex 11 to the Agriculture Agreement was drafted and 1 July 2003, Appendix 6 to that Annex should be amended accordingly.

(8) The Community must adopt the position it is to take in the Joint Veterinary Committee regarding these necessary amendments,

HAS DECIDED AS FOLLOWS:

Article 1

The position to be adopted by the Community in the Joint Veterinary Committee set up by Article 19(1) of Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products regarding amendments to Appendices 1, 2 and 6 to the said Annex shall be based on the draft Decision of the Joint Committee annexed to this Decision.

Article 2

Decision No 3/2003 of the Joint Veterinary Committee on amendments to Appendices 1, 2 and 6 to the Annex 11 to the Agreement shall be published in the Official Journal of the European Union as soon as it has been adopted.

Done at Brussels,

For the Council

The President

ANNEX

Proposal for

DECISION No 3/2003 OF THE JOINT VETERINARY COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS

on amendments to Appendices 1, 2 and 6 to Annex 11 to the Agreement

(.../.../...)

THE COMMITTEE,

Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter called the "Agriculture Agreement"), and in particular Article 19(3) of Annex 11 thereto,

Whereas:

(1) The Agreement with Switzerland entered into force on 1 June 2002.

(2) Appendices 1 and 2 to Annex 11 to that Agreement should be amended to take account of the Community and Swiss legislation on bovine spongiform encephalopathy (BSE) and the detailed rules and arrangements for implementing that legislation as regards trade in live bovine animals, their semen, ova and embryos.

(3) Whereas Article 2.3.13.8. of the International Animal Health Code produced by the International Office of Epizootic Diseases (OIE) stipulates that "regardless of the BSE status of the exporting country, Veterinary Administrations should authorise without restriction the import or transit through their territory" of bovine semen and embryos.

(4) In addition, Appendix 6 to Annex 11 to the Agriculture Agreement should be amended to take account of changes in Community and Swiss legislation between the entry into force of the Agreement and 1 July 2003,

HAS ADOPTED THIS DECISION:

Article 1

Parts VII and VIII of Appendix 1 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products are hereby replaced by Annex I to this Decision.

Article 2

The following is inserted at the end of part "B. Special rules and procedures for implementation" of Chapter "I. Bovine animals and swine" of Appendix 2 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products:"12. For the purposes of applying this Annex, bovine animals traded between the Member States of the Community and Switzerland must be accompanied by additional health certificates containing the following health declarations:

- "The bovine animals:

- are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin and making it possible to establish that they are not the progeny of BSE suspect or confirmed females born during the two years preceding the diagnosis;

- do not come from herds where a suspected case of BSE is under investigation;

- were born after 1 June 2001."'

Article 3

The following is inserted at the end of point 2 of part "B. Special rules and procedures for implementation" of Chapter "VI. Bovine embryos" of Appendix 2 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products:

"c) No specific implementing rules relating to BSE may be required for bovine embryos traded between the Member States of the Community and Switzerland."

Article 4

The following is inserted at the end of point 4 of part "B. Special rules and procedures for implementation" of Chapter "VII. Bovine semen" of Appendix 2 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products:

"c) No specific implementing rules relating to BSE may be required for bovine semen traded between the Member States of the Community and Switzerland."

Article 5

Appendix 6 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is hereby replaced by Annex II to this Decision.

Article 6

This Decision, drawn up in duplicate, shall be signed by the joint chairmen or other persons empowered to act in the name of the Parties.

It shall take effect at the date of the last signature.

Signed at Bern, Signed at Brussels,

On behalf of the Swiss Confederation On behalf of the European Commission

Head of Delegation Head of Delegation

ANNEX I

"VII. Bovine spongiform encephalopathy

A. LEGISLATION

Community // Switzerland

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1), as last amended by Commission Regulation (EC) No 1234/2003 of 10 July 2003 of 10 July 2003 amending Annexes I, IV and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Regulation (EC) No 1326/2001 as regards transmissible spongiform encephalopathies and animal feeding (OJ L 173, 11.7.2003, p. 6).

// 1. Ordinance of 27 May 1981 on the protection of animals (OPAn), as last amended on 27 June 2001 (RS 455.1), and in particular Article 64f thereof (stunning procedures)

2. Ordinance of 20 April 1988 on the import, transit and export of animals and animal products (OITE), as last amended on 8 March 2002 (RS 916.443.11), and in particular Articles 3 (Office Vétérinaire Fédéral), 25 to 58 (import) and 64 to 77 (exports) thereof

3. Ordinance (1/90) of 13 June 1990 temporarily prohibiting the import of ruminants and the products of such animals from Great Britain (RS 916.443.39)

4. Law of 9 October 1992 on foodstuffs (LDA1), as last amended on 15 December 2000 (RS 817.0), and in particular Articles 24 (inspection and sampling) and 40 (inspection of foodstuffs) thereof

5. Ordinance of 5 March 1995 on meat hygiene (OhyV), as last amended on 28 March 2001 (RS 817.190), and in particular Articles 31-33 (inspection of animals before slaughter), 48 (duties of meat inspectors) and 49 to 54 (duties of meat checkers)

6. Ordinance of 1 March 1995 on foodstuffs (ODA1), as last amended on 27 March 2002 (RS 817.02), and in particular Article 122 thereof (parts of the carcase which may not be used)

7. Ordinance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 6 (definitions and abbreviations), 36 (Patent), 61 (obligation to report), 130 (surveillance of Swiss livestock), 175 to 185 (transmissible spongiform encephalopathies), 297 (internal implementation), 301 (duties of the canton veterinarian), 303 (training and further training of veterinary officials) and 312 (diagnostic laboratories) thereof

8. Ordinance of 10 June 1999 on the catalogue of feedingstuffs (OLAlA), as last amended on 17 October 2002 (RS 916.307.1), and in particular Article 28 thereof (transport of feedingstuffs for productive animals), Annex 1, Part 9 (products of land animals), Part 10 (fish, other marine animals and their products and by-products) and Annex 4 (list of banned substances) thereto.

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. The joint reference laboratory for bovine spongiform encephalopathy (BSE) shall be the Veterinary Laboratories Agency, Woodham Lane New Haw, Addlestone, Surrey KT15 3NB, United Kingdom. Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. The functions and tasks of the laboratory shall be as laid down in Chapter B of Annex X to Regulation (EC) No 999/2001.

2. Pursuant to Article 57 of the Ordinance on epizootic diseases, Switzerland shall establish an emergency plan for implementing measures to combat BSE.

3. Under Article 12 of Regulation (EC) No 999/2001, any animal suspected of being infected by a TSE in the Member States of the Community shall be placed under an official movement restriction until the results of a clinical and epidemiological examination carried out by the competent authority are known, or killed for laboratory examination under official control.

Under Article 177 of the Ordinance on epizootic diseases, Switzerland shall prohibit the slaughter of animals suspected of being infected by BSE. Suspect animals must be killed without spilling blood and incinerated, and their brains must be analysed in the Swiss reference laboratory for BSE.

Under Article 10 of the Ordinance on epizootic diseases, Switzerland shall identify bovine animals using a permanent identification system enabling them to be traced back to the dam and herd of origin and making it possible to establish that they are not the progeny of BSE suspect or confirmed females.

Under Articles 178 and 179 of the Ordinance on epizootic diseases, Switzerland shall slaughter animals infected with BSE and their progeny. Since 1 July 1999, Switzerland has also implemented slaughter by cohort (it practised slaughter by herd from 14 December 1996 until 30 June 1999).

4. Under Article 7 of Regulation (EC) No 999/2001, the Member States of the Community shall prohibit the feeding of processed animal proteins to farmed animals which are kept, fattened or bred for the production of food. There is a total prohibition on feeding proteins derived from animals to ruminants in the Member States of the Community.

Under Article 183 of the Ordinance on epizootic diseases, Switzerland has introduced a total prohibition on the feeding of animal protein to farmed animals, which entered into force on 1 January 2001.

5. Under Article 6 of Regulation (EC) No 999/2001 and in accordance with Chapter A of Annex III to that Regulation, the Member States of the Community shall introduce an annual BSE monitoring programme. This plan shall include a rapid BSE test for all cattle more than 24 months old subject to emergency slaughter, animals which have died on the farm or found to be ill during the ante mortem inspection and all animals more than 30 months old slaughtered for human consumption.

The rapid BSE tests used by Switzerland are listed in Chapter C of Annex X to Regulation (EC) No 999/2001.

Under Article 175a of the Ordinance on epizootic diseases, Switzerland shall carry out a compulsory rapid BSE test for all bovine animals more than 30 months old subject to emergency slaughter, animals which have died on the farm or been found to be ill during the ante mortem inspection and all animals more than 30 months old slaughtered for human consumption. In addition, operators shall implement a voluntary programme for monitoring bovine animals more than 20 months old slaughtered for human consumption.

6. The Joint Veterinary Committee shall be responsible for providing the information required in Article 6 and Chapter B of Annex III and in Annex IV (3.II) to Regulation (EC) No 999/2001.

7. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 21 of Regulation (EC) No 999/2001 and Article 57 of the Law on epizootic diseases.

C. COMPLEMENTARY INFORMATION

1. From 1 January 2003, pursuant to the Ordinance of 20 November 2002 on the allocation of contributions to cover the costs of eliminating animal waste in 2003 (RS 916.406), Switzerland has introduced a financial incentive for farms on which bovine animals are born and slaughterhouses where they are slaughtered, provided they comply with the procedures for declaring animal movements as provided for in the legislation in force.

2. Under Article 8 of Regulation (EC) No 999/2001 and in accordance with point 1 of Annex XI to that Regulation, the Member States of the Community shall remove and destroy specified risk materials (SRMs). The list of SRMs removed shall include, in particular, the spinal column of bovine animals more than 12 months old.

Under Articles 181 and 182 of the Ordinance on epizootic diseases and Article 122 of the Ordinance on foodstuffs, Switzerland has introduced a policy of removing SRMs from the animal and human food chains. The list of SRMs removed includes, in particular, the spinal column of bovine animals more than 30 months old.

3. Regulation (EC) No 1774/2002 of the European Parliament and of the Council lays down health rules concerning animal by-products not intended for human consumption in the Member States of the Community.

Under Article 4a of the Ordinance on the elimination of animal waste, Switzerland shall incinerate animal by-products, including specified risk materials and animals which have died on the farm.

VIII. Other diseases

A. LEGISLATION

Community // Switzerland

Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (OJ L 62, 15.3.1993, p. 69), as last amended by Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever (OJ L 192, 20.7.2002, p. 27) // 1. Law of 1 July 1966 on epizootic diseases (LFE), as last amended on 15 December 2000 (RS 916.40), and in particular Articles 1, 1a and 9a (measures against highly contagious epizootic diseases, control objectives) and 57 (technical implementing provisions, international cooperation) thereof.

2. Ordinance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 2 (highly contagious epizootic diseases), 49 (handling micro-organisms that are pathogenic for animals), 73 and 74 (cleaning and disinfection), 77 to 98 (common provisions concerning highly contagious epizootic diseases) and 103 to 105 (specific measures concerning the control of swine vesicular disease) thereof

3. Ordinance of 14 June 1999 on the organisation of the Département fédéral de l'économie (RS 172.216.1), and in particular Article 8 thereof (reference laboratory)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. In cases as referred to in Article 6 of Directive 92/119/EEC, the information shall be submitted to the Joint Veterinary Committee.

2. The joint reference laboratory for swine vesicular disease shall be the AFR Institute for Animal Health, Pirbright Laboratory, Ash Road, Pirbright, Woking, Surrey, GU24 0NF, United Kingdom. Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. The functions and tasks of the laboratory shall be as laid down in Annex III to Directive 92/119/EEC.

3. Pursuant to Article 97 of the Ordinance on epizootic diseases, Switzerland has established an emergency warning plan. Technical implementation rule No 95/65 issued by the Office Vétérinaire Fédéral lays down the procedures for that plan.

4. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 22 of Directive 92/119/EEC and Article 57 of the Law on epizootic diseases.

IX. Notification of diseases

A. LEGISLATION

Community // Switzerland

Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (OJ L 378, 31.12.1982, p. 58), as last amended by Commission Decision 2002/788/EC of 10 October 2002 amending Council Directive 82/894/EEC on the notification of animal diseases within the Community (OJ L 274, 11.10.2002, p. 33). // 1. Law of 1 July 1966 on epizootic diseases (LFE), as last amended on 15 December 2000 (RS 916.40), and in particular Articles 11 (reporting and declaration of diseases) and 57 (technical implementing provisions, international cooperation) thereof.

2. Ordinance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 2 to 5 (diseases referred to), 59 to 65 and 291 (obligation to report, notification) and 292 to 299 (monitoring, implementation, administrative assistance) thereof.

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

The Commission, in cooperation with the Office Vétérinaire Fédéral, shall integrate Switzerland into the animal disease notification system provided for in Directive 82/894/EEC."

ANNEX II

"Appendix 6

Animal products

CHAPTER 1

Sectors where recognition of equivalence is mutual

>TABLE POSITION>

CHAPTER II

Sectors other than those covered by Chapter I

I. Exports from the Community to Switzerland

Exports from the Community to Switzerland shall be subject to the same conditions as intra-Community trade. However, in all cases, a certificate attesting compliance with those conditions shall be issued by the competent authorities to accompany consignments.

If necessary, models for certificates shall be discussed in the Joint Veterinary Committee.

II. Exports from Switzerland to the Community

Exports from Switzerland to the Community shall be subject to the relevant conditions laid down in the Community rules. Models for certificates shall be discussed in the Joint Veterinary Committee.

Pending a decision on these models, the present requirements for certificates shall apply.

CHAPTER III

Transfer of a sector from Chapter II to Chapter I

As soon as Switzerland adopts any legislation it regards as equivalent to Community legislation, the matter shall be brought before the Joint Veterinary Committee. Chapter I of this Appendix shall be adjusted as soon as possible to reflect the outcome of the Committee's deliberations."