Proposal for a COUNCIL DECISION on the Community position on the Joint Veterinary Committee decision on the amendment of Appendices 1, 2, 3, 4, 5, 6 and 11 of 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. It was concluded in June 1999, having been drafted for the most part in 1998. The references in the Agreement to Swiss and Community legislation therefore need updating, in particular Appendices 1, 2, 3, 4, 5, 6 and 11 of Annex 11 thereto. It has been decided to take account of the legislation in force at 31 December 2002.

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 carrying 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 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 adoption of the amendments needed to update Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11. 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, 3, 4, 5, 6 and 11 to Annex 11 to the Agriculture Agreement.

The Joint Veterinary Committee's decision will be published in the Official Journal of the European Union.

Proposal for a COUNCIL DECISION on the Community position on the Joint Veterinary Committee decision on the amendment of Appendices 1, 2, 3, 4, 5, 6 and 11 of 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 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) Since there have been changes in the Community and Swiss legislation between when Annex 11 to the Agriculture Agreement was drafted and 31 December 2002, Appendices 1, 2, 3, 4, 5, 6 and 11 to that Annex should be amended accordingly

(3) Article 19(1) of Annex 11 to the Agriculture Agreement sets up a Joint Veterinary Committee responsible for examining all questions relating to Annex 11 to the Agriculture Agreement and its implementation and carrying out the tasks provided for therein.

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

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

HAS DECIDED AS FOLLOWS:

Sole Article

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 the amendments to Appendices 1, 2, 3, 4, 5, 6 and 11 to the said Annex shall be based on the draft Decision of the Joint Committee annexed to this Decision.

Done at Brussels,

For the Council

The President

ANNEX

Proposal for

DECISION No 2/2003 OF THE JOINT VETERINARY COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS

amending Appendices 1, 2, 3, 4, 5, 6 and 11 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 "Agreement"), and in particular Articled 19(3) of Annex 11 thereto,

Whereas the Agreement with Switzerland entered into force on 1 June 2002.

Whereas Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement must be amended to take account of changes in the Community and Swiss legislation in force at 31 December 2002,

HAS ADOPTED THIS DECISION:

Article 1

Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products are hereby replaced by the respective texts in the Annex to this Decision.

Article 2

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

"Appendix 1

Control measures/notification of diseases

I. Foot-and-mouth disease

A. LEGISLATION

Community // Switzerland

1. Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease (OJ L 315, 26.11.1985, p.11), as last amended by the Act of Accession of Austria, Finland and Sweden // 1. Law on epizootic diseases (LFE) of 1 July 1966, 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. Council Directive 90/423/EEC of 26 June 1990 amending Directive 85/511/EEC introducing Community measures for the control of foot-and-mouth disease, Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine and Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat or meat products from third countries (OJ L 224, 18.8.1990, p. 13) // 2. Ordonnance 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 99 to 103 (specific measures to combat foot-and-mouth disease) thereof

3. Ordonnance 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, registration, control and provision of vaccine against foot-and-mouth disease)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. In principle, the Commission and the Office Vétérinaire Fédéral shall notify each other of any intention to carry out emergency vaccinations. In extreme emergencies, notification may cover the decision as taken and the rules and procedures governing its implementation. At all events, consultations must be held as soon as possible within the Joint Veterinary Committee.

2. Pursuant to Article 97 of the Ordonnance 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.

3. The joint reference laboratory for identifying foot-and-mouth virus shall be the Institute for Animal Health, Pirbright Laboratory, 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 Decision 89/531/EEC (OJ L 279, 28.9.1989, p. 32).

II. Classical swine fever

A. LEGISLATION

Community // Switzerland

Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (OJ L 316, 1.12.2001, p. 5) // 1. Law on epizootic diseases (LFE) of 1 July 1966, 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. Ordonnance 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), 40 to 47 (disposal and use of waste), 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 116 to 121 (detection of swine fever at slaughter, specific measures to combat swine fever) thereof

3. Ordonnance 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)

4. Ordonnance of 3 February 1993 on the elimination of animal waste (OELDA), as last amended on 20 November 2002 (RS 916.441.22)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. The Commission and the Office Vétérinaire Fédéral shall notify each other of any intention to carry out emergency vaccinations. Consultations shall be held as soon as possible within the Joint Veterinary Committee.

2. If necessary, pursuant to Article 117(5) of the Ordonnance on epizootic diseases, the Office Vétérinaire Fédéral shall lay down technical implementing rules on the marking and treatment of meat coming from protection and surveillance zones.

3. Pursuant to Article 121 of the Ordonnance on epizootic diseases, Switzerland undertakes to implement a plan to eradicate classical swine fever in wild pigs in accordance with Articles 15 and 16 of Directive 2001/89/EEC. Consultations shall be held as soon as possible within the Joint Veterinary Committee.

4. Pursuant to Article 97 of the Ordonnance 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.

5. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 21 of Directive 2001/89/EC and Article 57 of the Law on epizootic diseases.

6. If necessary, pursuant to Article 89(2) of the Ordonnance on epizootic diseases, the Office Vétérinaire Fédéral shall lay down technical implementing rules on serological checks in protection and surveillance zones in accordance with Annex IV to Decision 2002/106/EEC (OJ L 39, 9.2.2002, p. 71).

7. The joint reference laboratory for classical swine fever shall be the Institut für Virologie der Tierärztlichen Hochschule Hannover, Bünteweg 17, D-30559, Hannover, Germany. 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 IV to Directive 2001/89/EC.

III. African horse sickness

A. LEGISLATION

Community // Switzerland

Council Directive 92/35/EEC of 29 April 1992 laying down control rules and measures to combat African horse sickness (OJ L 157, 10.6.1992, p. 19), as last amended by the Act of Accession of Austria, Finland and Sweden // 1. Law on epizootic diseases (LFE) of 1 July 1966, 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. Ordonnance 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 112 to 115 (specific measures to combat African horse sickness) thereof

3. Ordonnance 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. Where an epizootic disease of particular severity develops in Switzerland, the Joint Veterinary Committee shall meet to consider the situation. The competent Swiss authorities undertake to take the measures found necessary in the light of that examination.

2. The joint reference laboratory for African horse sickness shall be the Laboratorio de Sanidad y Producción Animal, Ministerio de Agricultura, Pesca y Alimentación, 28110 Algete, Madrid, Spain. 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 92/35/EEC.

3. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 16 of Directive 92/35/EEC and Article 57 of the Law on epizootic diseases.

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

IV. Avian influenza

A. LEGISLATION

Community // Switzerland

Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (OJ L 167, 22.6.1992, p. 1) as last amended by the Act of Accession of Austria, Finland and Sweden // 1. Law on epizootic diseases (LFE) of 1 July 1966, 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. Ordonnance 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 122 to 125 (specific measures concerning avian influenza) thereof

3. Ordonnance 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. The joint reference laboratory for avian influenza shall be the Central Veterinary Laboratory, New Haw, Weybridge, 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 Annex V to Directive 92/40/EEC.

2. Pursuant to Article 97 of the Ordonnance 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.

3. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 18 of Directive 92/40/EEC and Article 57 of the Law on epizootic diseases.

V. Newcastle disease

A. LEGISLATION

Community // Switzerland

Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease (OJ L 260, 5.9.1992, p. 1), as last amended by the Act of Accession of Austria, Finland and Sweden // 1. Law on epizootic diseases (LFE) of 1 July 1966, 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. Ordonnance 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), 40 to 47 (disposal and use of waste), 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 122 to 125 (specific measures concerning Newcastle disease) thereof

3. Ordonnance 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)

4. Instruction (technical directive) of the Office Vétérinaire Fédéral of 20 June 1989 on combating paramyxovirosis in pigeons (Bulletin of the Office Vétérinaire Fédéral No 90(13) p. 113 (vaccination, etc.))

5. Ordonnance of 3 February 1993 on the elimination of animal waste (OELDA), as last amended on 20 November 2002 (RS 916.441.22)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. The joint reference laboratory for Newcastle disease shall be the Central Veterinary Laboratory, New Haw, Weybridge, 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 Annex V to Directive 92/66/EEC.

2. Pursuant to Article 97 of the Ordonnance 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.

3. The information provided for in Articles 17 and 19 of Directive 92/66/EEC shall be the responsibility of the Joint Veterinary Committee.

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 92/66/EEC and Article 57 of the Law on epizootic diseases.

VI. Fish diseases

A. LEGISLATION

Community // Switzerland

Council Directive 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases (OJ L 175, 19.7.1993, p. 23), as last amended by Commission Decision 2001/288/EC of 3 April 2001 amending Council Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseases, in relation to the list of national reference laboratories for fish diseases (OJ L 99, 10.4.2001, p. 11) // 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 10 (measures against epizootic diseases) and 57 (technical implementing provisions, international cooperation) thereof

2. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 3 and 4 (epizootic diseases referred to), 61 (obligations of leasers of fishing rights and of bodies responsible for monitoring fishing), 62 to 76 (general measures for combating disease) 275 to 290 (specific measures relating to fish diseases, diagnostic laboratory) thereof

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. At present salmon farming is not authorised and the species is not present in Switzerland. In accordance with amendment I to the Ordonnance on epizootic diseases (OFE) of 28 March 2001 (RO 2001.1337), infectious anaemia in salmon is now classified in Switzerland as a disease to be eradicated. The situation shall be reviewed within the Joint Veterinary Committee one year after the entry into force of this Annex.

2. Flat oyster farming is not currently practised in Switzerland. Should cases of bonamiosis or marteiliosis appear, the Office Vétérinaire Fédéral undertakes to take the necessary emergency measures in accordance with Community rules on the basis of Article 57 of the Law on epizootic diseases.

3. In cases as referred to in Article 7 of Directive 93/53/EEC, the information shall be submitted to the Joint Veterinary Committee.

4. The joint reference laboratory for fish diseases shall be the Statens Veterinaere Serumlaboratorium, Landbrugsministeriet, Hangövej 2, 8200 Århus, Denmark. 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 C to Directive 93/53/EEC.

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

6. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 16 of Directive 93/53/EEC and Article 57 of the Law on epizootic diseases.

VII. 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. Ordonnance 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. Ordonnance 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 Ordonnance 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.

VIII. 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 (announcement and declaration of diseases) and 57 (technical implementing provisions, international cooperation) thereof

2. Ordonnance 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.

Appendix 2

Animal health: trade and placing on the market

I. Bovine animals and swine

A. LEGISLATION

Community // Switzerland

Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (OJ L 121, 29.7.1964, p. 1977/64), as last amended by Commission Regulation (EC) No 1226/2002 of 8 July 2002 amending Annex B to Council Directive 64/432/EEC (OJ L 179, 9.7.2002, p. 13) // 1. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 27 to 31 (markets, exhibitions), 34 to 37 (trade), 73 and 74 (cleaning and disinfection), 116 to 121 (African swine fever), 135 to 141 (Aujeszky's disease), 150 to 157 (bovine brucellosis), 158 to 165 (tuberculosis), 166 to 169 ( (enzootic bovine leucosis), 170 to 174 (IBR/IPV), 175 to 195 (spongiform encephalopathies), 186 to 189 (bovine genital infections), 207 to 211 (porcine brucellosis), 297 (approval of markets, assembly centres and disinfection points) thereof

2. Ordonnance 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)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. Pursuant to the first paragraph of Article 297 of the Ordonnance on epizootic diseases, the Office Vétérinaire Fédéral shall approve assembly centres as defined in Article 2 of Directive 64/432/EEC.

2. The information provided for in Article 11(3) of Directive 64/432/EEC shall be submitted to the Joint Veterinary Committee.

3. For the purposes of this Annex, Switzerland is recognised as fulfilling the conditions laid down in Annex A(II)(7) of Directive 64/432/EEC as regards bovine brucellosis. In order to maintain its status as having an officially brucellosis-free bovine herd, Switzerland undertakes to meet the following conditions:

(a) Any animal of the bovine species suspected of being infected with brucellosis shall be reported to the competent authorities and the animal concerned shall undergo the official tests for brucellosis, comprising at least two serological tests with complement fixation and a microbiological examination of suitable samples taken in cases of abortion.

(b) Until such time as suspicion of the disease is lifted, i.e. when the tests provided for in (a) have produced negative results, the officially brucellosis-free status of the herd to which the animal (or animals) of the bovine species suspected of infection belongs shall be suspended.

Detailed information concerning herds testing positive and an epidemiological report shall be submitted to the Joint Veterinary Committee. If any of the conditions laid down in the first subparagraph of Annex A(II)(7) of Directive 64/432/EEC is not fulfilled by Switzerland, the Office Vétérinaire Fédéral shall immediately notify the Commission. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph.

4. For the purposes of this Annex, Switzerland is recognised as fulfilling the conditions laid down in Annex A(I)(4) of Directive 64/432/EEC as regards bovine tuberculosis. In order to maintain its status as having an officially tuberculosis-free bovine herd, Switzerland undertakes to meet the following conditions:

(a) An identification system shall be introduced allowing each bovine animal to be traced back to its herd of origin.

(b) All slaughtered animals shall undergo a post mortem inspection carried out by an official veterinarian.

(c) Any suspected cases of tuberculosis in live, dead or slaughtered animals shall be reported to the competent authorities.

(d) In each case the competent authorities shall carry out the investigations necessary to establish whether the suspected disease is present, including upstream research on the herds of origin and transit herds. Where lesions suspected to have been caused by tuberculosis are discovered during an autopsy or on slaughter, the competent authorities shall have a laboratory examination conducted on the lesions.

(e) The officially tuberculosis-free status of the herds of origin and transit herds to which the bovine animal suspected of infection belong shall be suspended until clinical, laboratory or tuberculin tests have confirmed that no bovine tuberculosis is present.

(f) Where tuberculin, clinical or laboratory tests confirm that tuberculosis is present, the officially tuberculosis-free status of the herds of origin and transit herds shall be withdrawn.

(g) Officially tuberculosis-free status shall not be established until all the animals suspected of being infected have been removed from the herd, the premises and equipment have been disinfected and all the remaining animals aged over six weeks have reacted negatively to at least two official intradermal injections of tuberculin pursuant to Annex B to Directive 64/432/EEC, the first being carried out at least six months after the infected animal has left the herd and the second at least six months after the first.

Detailed information on the infected herds and an epidemiological report shall be submitted to the Joint Veterinary Committee. If any of the conditions laid down in the first subparagraph of Annex A(I)(4) of Directive 64/432/EEC is not fulfilled by Switzerland, the Office Vétérinaire Fédéral shall immediately notify the Commission. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph.

5. For the purposes of this Annex Switzerland is recognised as fulfilling the conditions laid down in Chapter I.F of Annex D to Directive 64/432/EEC as regards enzootic bovine leucosis. In order to maintain its status as having an officially enzootic bovine leucosis-free herd, Switzerland undertakes to meet the following conditions:

(a) The Swiss herd shall be monitored by sampling checks. The size of the sample shall be such that it can be declared with 99% reliability that less than 0.2 % of herds are infected with enzootic bovine leucosis.

(b) All slaughtered animals shall undergo a post mortem inspection carried out by an official veterinarian.

(c) Any suspected cases of enzootic bovine leucosis found in clinical examinations, autopsies or checks on meat shall be reported to the competent authorities.

(d) Where enzootic bovine leucosis is suspected or found to be present, the officially leucosis-free status of the herd shall be suspended until the isolation period is terminated.

(e) The isolation period shall be terminated when, after the infected animals and, where appropriate, their calves have been eliminated, two serological examinations carried out at an interval of at least 90 days have produced negative results.

If enzootic bovine leucosis has been found in 0.2% of herds, the Office Vétérinaire Fédéral shall immediately notify the Commission. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph.

6. For the purposes of this Annex, Switzerland is recognised as officially free from infectious bovine rhinotracheitis. In order to maintain that status, Switzerland undertakes to meet the following conditions:

(a) The Swiss herd shall be monitored by sampling checks. The size of the sample shall be such that it can be declared with 99% reliability that less than 0.1% of herds are infected with infectious bovine rhinotracheitis.

(b) Breeding bulls aged over 24 months shall undergo an annual serological examination.

(c) Any suspected cases of infectious bovine rhinotracheitis shall be reported to the competent authorities and the animals concerned shall undergo official tests for infectious bovine rhinotracheitis, comprising virological or serological tests.

(d) Where infectious bovine rhinotracheitis is suspected or found to be present, the officially infection-free status of the herd shall be suspended until the isolation period is terminated.

(e) The isolation period shall be terminated when a serological examination carried out at least 30 days after the infected animals have been eliminated produces negative results.

By virtue of the recognised status of Switzerland, Decision 93/24/EEC, as last amended by Decision 2000/502/EC (OJ L 200, 8.8.2000, p. 62), shall apply mutatis mutandis.

The Office Vétérinaire Fédéral shall immediately notify the Commission of any change in the conditions on which recognition of that status was based. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph.

7. For the purposes of this Annex, Switzerland is recognised as officially free from Aujeszky's disease. In order to maintain that status, Switzerland undertakes to meet the following conditions:

(a) The Swiss herd shall be monitored by sampling checks. The size of the sample shall be such that it can be declared with 99% reliability that less than 0.1% of herds are infected with Aujeszky's disease.

(b) Any suspected cases of Aujeszky's disease shall be reported to the competent authorities and the animals concerned shall undergo official tests for Aujeszky's disease including virological or serological tests.

(c) Where Aujeszky's disease is suspected or found to be present, the officially infection-free status of the herd shall be suspended until the isolation period is terminated.

(d) Isolation shall be terminated when, after the infected animals have been eliminated, two serological examinations of all breeding animals and a representative number of fattening animals carried out at an interval of least 21 days have produced negative results.

By virtue of the recognised status of Switzerland, Decision 2001/24/EC (OJ 215, 9.8.2001, p. 48), as last amended by Decision 2002/270/EC (OJ L 93, 10.4.2002, p. 7), shall apply mutatis mutandis.

The Office Vétérinaire Fédéral shall immediately notify the Commission of any change in the conditions on which recognition of that status was based. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph.

8. The question of possible additional guarantees concerning transmissible gastroenteritis of pigs (TGE) and porcine reproductive and respiratory syndrome (PRRS) shall be considered as soon as possible by the Joint Veterinary Committee. The Commission shall inform the Office Vétérinaire Fédéral of any developments in this area.

9. In Switzerland the Institut de Bactériologie Vétérinaire of the University of Bern is responsible for the official testing of tuberculins within the meaning of Annex B.4 to Directive 64/432/EEC.

10. The Institut de Bactériologie Vétérinaire of the University of Bern shall be responsible for the official testing of antigens (brucellosis) in Switzerland in accordance with Annex C(A)(4) to Directive 64/432/EEC.

11. Bovine animals and swine traded between the Member States of the Community and Switzerland shall be accompanied by health certificates in accordance with the models set out in Annex F to Directive 64/432/EEC. The following adjustments shall apply:

Model 1:

- in the first paragraph, the words "Country of origin: Switzerland (13) or" are inserted before "Member State";

-in section A, the certifications are adapted as follows:

-in the fourth subparagraph, the words "in Switzerland or" are inserted after "assembly centre";

-in point 2, the words "in Switzerland or" are inserted after "situated";

-where this document is drawn up by the Swiss authorities, in points 2(a) and (b), the words "by Commission Decision ..../../EC" and "Commission Decision .../../EC" shall be replaced by "for Switzerland, by the Agreement of 21 June 1999 between the European Community and Switzerland (point I of Appendix 2 to Annex 11)";

-in section C, the certifications are adapted as follows:

-in the second subparagraph, the words "in Switzerland or" are inserted before "in the Member State", and for the address, the words "or Switzerland" are inserted after "Member State";

-in point 4, relating to the additional guarantees, the following is added to the indents:

"- disease: infectious bovine rhinotracheitis;

-in accordance with Commission Decision 93/42/EEC, which shall apply mutatis mutandis;

-in accordance with the Agreement of 21 June 1999 between the European Community and Switzerland (point I of Appendix 2 to Annex 11);"

-in note 4 to model 1, the words "or, for Switzerland, by the Agreement of 21 June 1999 between the European Community and Switzerland (point I of Appendix 2 to Annex 11)" are inserted after "Decision ../.../EC".

Model 2:

-in the first paragraph, the words "Country of origin: Switzerland (9) or" are inserted before "Member State";

-in the fourth subparagraph of section A, the words "in Switzerland or" are inserted after "assembly centre";

-in section C, the certifications are adapted as follows:

-in the second subparagraph, the words "in Switzerland or" are inserted before "in the Member State", and for the address, the words "or Switzerland" are inserted after "Member State";

-in point 4, relating to the additional guarantees, the following is added to the indents:

«- "disease: Aujeszky's

-in accordance with Commission Decision 2001/618/EC, which shall apply mutatis mutandis;

-in accordance with the Agreement of 21 June 1999 between the European Community and Switzerland (point I of Appendix 2 to Annex 11);";

Models 1 and 2:

-When these documents are drawn up by the Swiss authorities, the words "veterinarian carrying out the export check" shall replace "official veterinarian or approved veterinarian" and "official veterinarian";

-when these documents are drawn up by the Swiss authorities, in note (*) on the signature at the end of section B in both Models 1 and 2:

-the words "or Switzerland" shall be inserted after "dispatch";

-the words "under Commission Decision .../../EC" shall be replaced by "for Switzerland, by the Agreement of 21 June 1999 between the European Community and Switzerland (point I of Appendix 2 to Annex 11)" are inserted after "Decision ../.../EC";

-when these documents are drawn up by the Swiss authorities, in note (*) on the signature at the end of section C for Models 1 and 2: the reference shall be to Switzerland ("within Switzerland" or "to Switzerland");

- in point 2 of the additional information, the words "in Switzerland or" are inserted before "in the Member State";

-in notes 4 and 5 to model 2 and notes 7 and 8 to model 1, the following words are added: "for Switzerland: by the veterinarian carrying out the export check";

-the following notes 9 to model 2 and 13 to model 1 are added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

II. Sheep and goats

A. LEGISLATION

Community // Switzerland

Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ L 46, 19.2.1991 p. 19), as last amended by Commission Decision 2002/261/EC of 25 March 2002 amending Decision 93/198/EEC laying down a model for the animal health conditions and veterinary certification for the import of domestic ovine and caprine animals from third countries and amending Annex E of Council Directive 91/68/EEC laying down the animal health conditions governing intra-Community trade in ovine and caprine animals (OJ L 91, 6.4.2002, p. 31) // 1. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 27 to 31 (markets, exhibitions), 34 to 37 (trade), 73 and 74 (cleaning and disinfection), 142 to 149 (rabies), 158 to 165 (tuberculosis), 166 to 169 (scrapie), 190 to 195 (ovine and caprine brucellosis), 196 to 199 (contagious agalactia), 200 to 203 (caprine arthritis/encephalitis), 233 to 235 (brucellosis in rams) and 297 (approval of markets, assembly centres and disinfection points) thereof

2. Ordonnance of 20 April 1988 on the import, transit and export of animals and animal products (OITE), as last amended on 8 March 2002 (SR 916.443.11)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. For the purposes of the second subparagraph of Article 3(2) of Directive 91/68/EEC, the information referred to therein shall be submitted to the Joint Veterinary Committee.

2. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 11 of Directive 91/68/EEC and Article 57 of the Law on epizootic diseases.

3. For the purposes of this Annex, Switzerland is recognised as officially free from ovine and caprine brucellosis. In order to maintain that status, Switzerland undertakes to implement the measures provided for in point II(2) of Chapter I of Annex A to Directive 91/68/EEC.

Should ovine and caprine brucellosis appear or reappear, Switzerland shall inform the Joint Veterinary Committee so that the necessary measures can be taken in line with developments in the situation.

4. For one year from the date of entry into force of this Annex, caprine animals (goats) for fattening and breeding intended for Switzerland shall be subject to the following conditions:

-all the goats of the establishment of origin aged over six months must have tested negative to serological tests for caprine viral arthritis/encephalitis carried out three times over the preceding three years at twelve-month intervals,

-the goats must have tested negative to serological tests for caprine viral arthritis/encephalitis within 30 days prior to dispatch.

This paragraph will be reconsidered by the Joint Veterinary Committee within one year of the entry into force of this Annex.

5. Ovine and caprine animals traded between the Member States of the Community and Switzerland shall be accompanied by health certificates in accordance with the models set out in Annex E to Directive 91/68/EEC. The following adjustments shall apply:

-in the titles, the words "and Switzerland (6)" are added after "Communities",

-in the first paragraph, the words "Country of origin: Switzerland or" are inserted before "Member State of consignor";

-the words "or from Switzerland" are added to point III(a);

-in the second indent of point III(b), the words "in Switzerland or" are added after "30 days";

-in point IV, the words "or Switzerland" are inserted after "Member State";

-in point V(E)(iii) of Model III, the words "for Switzerland or" are inserted after "destined";

-in point VI, the words "or the veterinarian carrying out the export check" are inserted after "official veterinarian";

-the following note 6 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

III. Equidae

A. LEGISLATION

Community // Switzerland

Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (OJ L 224, 18.8.1990 p. 42), as last amended by Commission Decision 2002/160/EC of 21 February 2002 amending Annex D to Council Directive 90/426/EEC with regard to diagnostic tests for African horse sickness (OJ L 53, 23.2.2002, p. 37) // 1. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 112 to 115 (African horse disease), 204 to 206 (dourine, encephalomyelitis, infectious anaemia, glanders), and 240 to 244 (contagious equine metritis) thereof

2. Ordonnance 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)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. For the purposes of Article 3 of Directive 90/426/EEC, information shall be submitted to the Joint Veterinary Committee.

2. For the purposes of Article 6 of Directive 90/426/EEC, information shall be submitted to the Joint Veterinary Committee.

3. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 10 of Directive 90/426/EEC and Article 57 of the Law on epizootic diseases.

4. (a) Annex B to Directive 90/426/EEC shall apply mutatis mutandis to Switzerland, with the following adaptations:

-the words "in a Member State or in Switzerland(f)" are inserted at the end of point (b)";

-in point 2, the words "of Switzerland or" are inserted after "territory";

-in the table at the bottom of the page, the stamp and signature in the case of Switzerland shall be that of the veterinarian carrying out the export check;

-the following note (f) is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

(b) Annex C to Directive 90/426/EEC shall apply mutatis mutandis to Switzerland, with the following adaptations:

-the words "and Switzerland (e)" are added to the title.

-in the second paragraph, "Country of dispatch: Switzerland" is inserted before "Member State";

-in point III, the words "or Switzerland" are inserted after "Member State";

-in point IV(2), the words "in Switzerland or" are inserted before "in the Member State";

-in footnote (c), the term applicable to Switzerland shall be "vétérinaire de contrôle d'exportation";

-the following note (e) is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

IV. Poultry and hatching eggs

A. LEGISLATION

Community // Switzerland

Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 303, 31.10.1990, p. 6), Commission Decision 2001/867/EC of 3 December 2001 amending Council Directive 90/539/EEC as regards health certificates for intra-Community trade in poultry and hatching eggs (OJ L 323, 7.12.2001, p. 29) // 1. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 25 (transport), 122 to 125 (avian influenza and Newcastle disease), 255 to 261 (Salmonella enteritidis) and 262 to 265 (avian infectious laryngotracheitis) thereof

2. Ordonnance 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 Article 64a (approval of export establishments) thereof

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. For the purposes of Article 3 of Directive 90/539/EEC, Switzerland shall submit a plan to the Joint Veterinary Committee setting out the measures it intends to implement for the approval of its establishments.

2. For the purposes of Article 4 of Directive 90/539/EEC, the national reference laboratory for Switzerland shall be the Institut de Bactériologie Vétérinaire of the University of Bern.

3. The holding requirement specified in the first indent of Article 7(1) of Directive 90/539/EEC shall apply mutatis mutandis to Switzerland.

4. For consignments of hatching eggs to the Community, the Swiss authorities undertake to comply with the rules on marking laid down in Commission Regulation (EEC) No 1868/77. The mark for Switzerland shall be «CH».

5. The holding requirement specified in Article 9(a) of Directive 90/539/EEC shall apply mutatis mutandis to Switzerland.

6. The holding requirement specified in Article 10(a) of Directive 90/539/EEC shall apply mutatis mutandis to Switzerland.

7. The holding requirement specified in the first indent of Article 11(2) of Directive 90/539/EEC shall apply mutatis mutandis to Switzerland.

8. For the purposes of this Annex, Switzerland is recognised as meeting the requirements of Article 12(2) of Directive 90/539/EEC with regard to Newcastle disease and therefore shall have the status of not vaccinating against Newcastle disease. The Office Vétérinaire Fédéral shall immediately notify the Commission of any change in the conditions on which recognition of that status was based. The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph.

9. For one year from the date of entry into force of this Annex, breeding poultry and productive poultry intended for Switzerland shall comply with the following conditions:

-no cases of avian infectious laryngotracheitis (ILT) must have been diagnosed in the flock of origin or in the hatchery for at least six months prior to dispatch,

-the breeding poultry and productive poultry must not have been vaccinated against avian infectious laryngotracheitis.

This paragraph will be reconsidered by the Joint Veterinary Committee within one year of the entry into force of this Annex.

10. The references to the name of the Member State in Article 15 shall apply mutatis mutandis to Switzerland.

11. (a) For consignments from the Community to Switzerland, the health certificates shall be as provided for in Annex IV to Directive 90/539/EEC, adapted as follows:

-in section 7, of models 1, 2, 3, 4 and 5, "Member State of destination" is replaced by "Country of destination: Switzerland (5)";

-in section 9 of model 2, "Member State of destination" is replaced by "Country of destination: Switzerland (6)";

-in section 12 of model 3 and section 13 of model 2, the words "of Commission Decision(s) ..../..../EC concerning additional guarantees with regard to .......... (indicate disease(s)) " are replaced by "of the Agreement of 21 June 1999 between the Community and Switzerland (point IV of Appendix 2 to Annex 11)";

-in note 3 to Models 1, 3, 4 and 5 and in note 4 of model 2, the words "or in case of dispatch to Switzerland" are inserted after "Sweden";

-the following notes 5 to models 1, 3, 4 and 5 and note 6 to model 2 are added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

(b) For consignments from Switzerland to the Community, the health certificates shall be as provided for in Annex IV to Directive 90/539/EEC, adapted as follows:

-in the heading, "Community" shall be replaced by "Switzerland",

-in section 2, "Member State of origin" is replaced by "Country of origin: Switzerland",

-in section 12 of model 3 and section 13 of models 1, 2, 4, 5 and 6, the words "official veterinarian" are replaced by "veterinarian carrying out the export check" and the certification at (a) in each model is replaced as follows:

Model 1:

"The eggs described above comply with the Agreement of 21 June 1999 between the Community and Switzerland (point IV of Appendix 2 to Annex 11)",

Model 2:

"The chicks described above comply with the Agreement of 21 June 1999 between the Community and Switzerland (point IV of Appendix 2 to Annex 11)",

Model 3:

"The birds described above comply with the Agreement of 21 June 1999 between the Community and Switzerland (point IV of Appendix 2 to Annex 11)",

Model 4:

"The birds or eggs described above comply with the Agreement of 21 June 1999 between the Community and Switzerland (point IV of Appendix 2 to Annex 11)",

Model 5:

"The birds described above comply with the Agreement of 21 June 1999 between the Community and Switzerland (point IV of Appendix 2 to Annex 11)",

Model 6:

"The birds described above comply with the Agreement of 21 June 1999 between the Community and Switzerland (point IV of Appendix 2 to Annex 11)";

-at the bottom of the page, the stamp and signature in the case of Switzerland shall be that of the veterinarian carrying out the export check.

12. In the case of consignments from Switzerland to Finland or Sweden, the Swiss authorities undertake to supply the guarantees concerning salmonella required under Community legislation.

V. Aquaculture animals and products

A. LEGISLATION

Community // Switzerland

Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ L 46, 19.2.1991, p. 1), as last amended by Council Directive 98/45/EC amending Directive 91/67/EEC (OJ L 91, 24 June 1998, p. 12) concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ L 189, 3.7.1998, p. 12) // 1. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 275 to 290 (fish and crayfish diseases) and 297 (approval of establishments, zones and laboratories) thereof

2. Ordonnance 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 Article 64a (approval of export establishments) thereof

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. The information provided for in Article 4 of Directive 91/67/EEC shall be submitted to the Joint Veterinary Committee.

2. The Joint Veterinary Committee shall decide on any application of Articles 5, 6 and 10 of Directive 91/67/EEC to Switzerland.

3. The Joint Veterinary Committee shall decide on any application of Articles 12 and 13 of Directive 91/67/EEC to Switzerland.

4. For the purposes of Article 15 of Directive 91/67/EEC, the Swiss authorities undertake to implement sampling plans and diagnostic methods in accordance with Community legislation.

5. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 17 of Directive 91/67/EEC and Article 57 of the Law on epizootic diseases.

6. (a) Where live fish, eggs or gametes from an approved zone are placed on the market, the movement document shall be as set out in Chapter 1 of Annex E to Directive 91/67/EEC.

Where that document is drawn up by the Swiss authorities, in point VI, "of Directive 91/67/EEC" shall be replaced by "of the Agreement of 21 June 1999 between the Community and Switzerland (point V of Appendix 2 to Annex 11)".

(b) Where live fish, eggs or gametes from an approved farm are placed on the market, the movement document shall be as set out in Chapter 2 of Annex E to Directive 91/67/EEC.

Where that document is drawn up by the Swiss authorities, in point VI, "of Directive 91/67/EEC" shall be replaced by "of the Agreement of 21 June 1999 between the Community and Switzerland (point V of Appendix 2 to Annex 11)".

(c) Where molluscs from an approved coastal zone are placed on the market, the movement document shall be as set out in Chapter 3 of Annex E to Directive 91/67/EEC.

(d) Where molluscs from an approved farm are placed on the market, the movement document shall be as set out in Chapter 4 of Annex E to Directive 91/67/EEC.

(e) Where farmed fish, molluscs or crustaceans, their eggs or gametes not belonging to species susceptible to IHN, VHS or bonamiosis or marteiliosis, as applicable, are placed on the market, the movement document shall be as set out in Annex I to Commission Decision 93/22/EEC. That document shall apply, subject to the following amendments:

-where the document is drawn up by the Swiss authorities, in point I, "Member State of origin" is replaced by "Country of origin: Switzerland(6)";

-in point III, "Member State of destination" is replaced by "Country of destination: Switzerland";

-in note 1, "of the country of destination or" is inserted after "languages";

-the following note 6 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

Where that document is drawn up by the Swiss authorities, in point V(c), "susceptible species referred to in Annex A column 2, lists I and II of Directive 91/67/EEC" shall be replaced by "species susceptible to IHN, VHS or bonamiosis or marteiliosis, as applicable".

(f) Where live wild fish, molluscs or crustaceans, their eggs or gametes are placed on the market, the movement document shall be as set out in Annex II to Commission Decision 93/22/EEC. That document shall apply, subject to the following amendments:

-where the document is drawn up by the Swiss authorities, in point I, "Member State of origin" is replaced by "Country of origin: Switzerland(5)";

-in point III, "Member State of destination" is replaced by "Country of destination: Switzerland";

-in note 1, "of the country of destination or" is inserted after "languages";

-the following note 5 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

VI. Bovine embryos

A. LEGISLATION

Community // Switzerland

Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ L 302, 19.10.1989 p. 1), as last amended by Commission Decision 94/113/EC (OJ L 53, 24.2.1994, p. 23) // 1. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 56 to 58 (embryo transfer) thereof

2. Ordonnance 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 64a and 76 (approval of assembly agencies as export enterprises) thereof

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 15 of Directive 89/556/EEC and Article 57 of the Law on epizootic diseases.

2. (a) For consignments from the Community to Switzerland, the health certificate shall be as set out in Annex C to Directive 89/556/EEC, adapted as follows:

-in section 9, "Member State of destination" is replaced by "Country of destination: Switzerland(3)";

-the following note 3 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

(b) For consignments from Switzerland to the Community, the health certificate shall be as set out in Annex C to Directive 89/556/EEC, adapted as follows:

-in section 2, "Member State of collection" is replaced by "Country of collection: Switzerland",

-in section 13, "official veterinarian" is replaced by "veterinarian carrying out the export check",

-in section 13(a) and (b), "Directive 89/556/EEC" is replaced by "the Agreement of 21 June 1999 between the Community and Switzerland (point VI of Appendix 2 to Annex 11)".

VII. Bovine semen

A. LEGISLATION

Community // Switzerland

Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species (OJ L 194, 22.7.1988 p. 10), as last amended by the Act of Accession of Austria, Finland and Sweden // 1. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 51 to 55 (artificial insemination) thereof

2. Ordonnance 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 64a and 76 (approval of insemination centres as export enterprises) thereof

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. For the purposes of Article 4(2) of Directive 88/407/EEC, in Switzerland all centres keep only animals giving a negative reaction to the serum neutralisation test or the Elisa test.

2. The information provided for in Article 5(2) of Directive 88/407/EEC shall be submitted to the Joint Veterinary Committee.

3. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 16 of Directive 88/407/EEC and Article 57 of the Law on epizootic diseases.

4. (a) For consignments from the Community to Switzerland, the health certificate shall be as set out in Annex D to Directive 88/407/EEC.

(b) For consignments from Switzerland to the Community, the health certificate shall be as set out in Annex D to Directive 88/407/EEC, adapted as follows:

-in section IV and note 2, the references to "Directive 88/407/EEC" are replaced by "the Agreement of 21 June 1999 between the Community and Switzerland (point VII of Appendix 2 to Annex 11)".

VIII. Porcine semen

A. LEGISLATION

Community // Switzerland

Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ L 224, 18.8.1990, p. 62), as last amended by Commission Decision 2000/39/EC of 16 December 1999 amending Annex B to Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ L 13, 19.1.2000, p. 21) // 1. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 51 to 55 (artificial insemination) thereof

2. Ordonnance 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 64a and 76 (approval of insemination centres as export enterprises) thereof

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. The information provided for in Article 5(2) of Directive 90/429/EEC shall be submitted to the Joint Veterinary Committee.

2. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 16 of Directive 90/429/EEC and Article 57 of the Law on epizootic diseases.

3. (a) For consignments from the Community to Switzerland, the health certificate shall be as set out in Annex D to Directive 90/429/EEC, adapted as follows:

-in section 9, "Member State of destination» shall be replaced by "Country of destination: Switzerland(3)";

-the following note 3 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

(b) For consignments from Switzerland to the Community, the health certificate shall be as set out in Annex D to Directive 90/429/EEC, adapted as follows:

-in section 2, "Member State of collection" is replaced by "Country of collection: Switzerland";

-in section 13, "official veterinarian" is replaced by "veterinarian carrying out the export check",

-in section 13, the references to "Directive 90/429/EEC" are replaced by "the Agreement of 21 June 1999 between the Community and Switzerland (point VIII of Appendix 2 to Annex 11)".

-in note 2, "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland." is inserted after the reference to Directive 90/429/EEC.

IX. Other species

A. LEGISLATION

Community // Switzerland

Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (OJ L 268, 14.9.1992 p. 54), as last amended by Commission Regulation (EC) No 1802/2002 of 10 October 2002 correcting Regulation (EC) No 1282/2002 amending Annexes to Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC (OJ L 274, 11.10.2002, p. 21) // 1. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 51 to 55 (artificial insemination) and 56 to 58 (embryo transfer) thereof

2. Ordonnance 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 25 to 30 (import of dogs, cats and other animals), 64 (conditions of export), 64a and 76 (approval of insemination centres and assembly agencies as export enterprises) thereof

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. For the purposes of this Annex, this point shall cover trade in live animals not subject to points I to V inclusive, and in semen, ova and embryos not subject to points VI to VIII inclusive.

2. The Community and Switzerland undertake not to ban or restrict trade in the live animals, semen, ova and embryos as referred to in point 1 for animal-health reasons other than those resulting from the application of this Annex, and in particular any safeguard measures taken pursuant to Article 20 thereof.

3. (a) For consignments from the Community to Switzerland of ungulates other than as referred to in points I, II and III, the health certificate shall be that set out in Annex E to Directive 92/65/EEC, adapted as follows:

-in section 7, "Member State of destination" is replaced by "Country of destination: Switzerland(11)";

-in section 14.5, "in the Agreement of 21 June 1999 between the European Community and Switzerland (point I of Appendix 2 to Annex 11)" is inserted after "laid down";

-note 8 is amended as follows: "As requested by a Member State benefiting from additional guarantees under Community legislation, or Switzerland under the Agreement of 21 June 1999 between the European Community and Switzerland (point IX of Appendix 2 to Annex 11).";

-the following note 11 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

(b) For consignments from Switzerland to the Community, the health certificate shall be as set out in Part 1 of Annex E to Directive 92/65/EEC, adapted as follows:

-in section 1, "Member State of origin" is replaced by "Country of origin: Switzerland(11)";

-in sections 14, 17 and 18, "official veterinarian" and "official/approved veterinarian" are replaced by "veterinarian carrying out the export check";

-note 8 is amended as follows: "As requested by a Member State benefiting from additional guarantees under Community legislation, or Switzerland under the Agreement of 21 June 1999 between the European Community and Switzerland (point IX of Appendix 2 to Annex 11).";

-the following note 11 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

4. (a) For consignments of lagomorphs from the Community to Switzerland, the health certificate shall be as set out in Part 1 of Annex E to Directive 92/65/EEC, bearing where necessary the declaration provided for in the second subparagraph of Article 9(2) of Directive 92/65/EEC, adapted as follows:

-in section 7, "Member State of destination" is replaced by "Country of destination: Switzerland(11)";

-in section 14.5, "in the Agreement of 21 June 1999 between the European Community and Switzerland (point I of Appendix 2 to Annex 11)" is inserted after "laid down";

-note 8 is amended as follows: "As requested by a Member State benefiting from additional guarantees under Community legislation, or Switzerland under the Agreement of 21 June 1999 between the European Community and Switzerland (point IX of Appendix 2 to Annex 11).";

-the following note 11 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

(b) For consignments of lagomorphs from Switzerland to the Community, the health certificate shall be as set out in Part 1 of Annex E to Directive 92/65/EEC, bearing where necessary the declaration provided for in the second subparagraph of Article 9(2) of Directive 92/65/EEC, adapted as follows:

-in section 7, "Member State of destination" is replaced by "Country of destination: Switzerland(11)";

-in section 14.5, "in the Agreement of 21 June 1999 between the European Community and Switzerland (point I of Appendix 2 to Annex 11)" is inserted after "laid down";

-note 8 is amended as follows: "As requested by a Member State benefiting from additional guarantees under Community legislation, or Switzerland under the Agreement of 21 June 1999 between the European Community and Switzerland (point IX of Appendix 2 to Annex 11).";

-the following note 11 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

That declaration may be adapted by the Swiss authorities to include in full the requirements of Article 9 of Directive 92/65/EEC.

5. The information provided for in the fourth subparagraph of Article 9(2) of Directive 92/65/EEC shall be submitted to the Joint Veterinary Committee.

6. (a) Consignments of cats and dogs from the Community to Switzerland shall be subject to Article 10(2) of Directive 92/65/EEC.

(b) Consignments of cats and dogs from Switzerland to the Member States of the Community other than the United Kingdom, Ireland and Sweden shall be subject to the requirements of Article 10(2) of Directive 92/65/EEC. The Swiss authorities may adapt the declaration provided for in the fifth indent of Article 10(2)(a) of Directive 92/65/EEC to include in full the requirements of Article 10(2)(a) and (b) and 10(3)(b) thereof.

(c) Consignments of cats and dogs from Switzerland to the United Kingdom, Ireland and Sweden shall be subject to the requirements of Article 10(3) of Directive 92/65/EEC. The identification system shall be as laid down in Commission Decision 94/274/EC. The certificate to be used shall be that provided for in Commission Decision 94/273/EC, adapted as follows:

-"Consignor Member State" is replaced by "Consignor country: Switzerland(6)";

-after the signature, "official veterinarian" is replaced by "veterinarian carrying out the export check";

-the following note 6 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

7. (a) For consignments of semen, ova or embryos of the ovine or caprine species from the Community to Switzerland, the certificates provided for in Decision 95/388/EC shall apply, adapted as follows:

-in the titles, "or trade with Switzerland(2)" are inserted after "intra-Community trade",

-in section 9, "Member State of destination" is replaced by "Country of destination: Switzerland";

-the following note 2 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

(b) For consignments of semen, ova or embryos of the ovine or caprine species from Switzerland to the Community, the certificates provided for in Decision 95/388/EC shall apply, adapted as follows:

-in the titles, "or trade with Switzerland(2)" are inserted after "intra-Community trade",

-in section 2, "Member State of collection" is replaced by "Country of collection: Switzerland";

-in section 13, "carrying out the export check" is inserted after "veterinarian";

-in section 13, the Swiss authorities may set out in full the requirements referred to therein;

-the following note 2 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.";

-after the signature, "official veterinarian" is replaced by "veterinarian carrying out the export check".

8. (a) For consignments of semen of the equine species from the Community to Switzerland, the certificate provided for in Decision 95/307/EC shall apply, adapted as follows:

-in section 9, "Member State of destination" is replaced by "Country of destination: Switzerland(6)";

-the following note 6 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

(b) For consignments of semen of the equine species from Switzerland to the Community, the certificate provided for in Decision 95/307/EC shall apply, adapted as follows:

-in section 2, "Member State of collection" is replaced by "Country of collection: Switzerland (6)";

-in section 13 and after the signature, "official veterinarian" is replaced by "veterinarian carrying out the export check";

-in section 13.1.2, "of a Member State" is replaced by "of Switzerland";

-the following note 6 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

9. (a) For consignments of ova and embryos of the equine species from the Community to Switzerland, the certificate provided for in Decision 95/294/EC shall apply, adapted as follows:

-in section 9, "Member State of destination" is replaced by "Country of destination: Switzerland(5)";

-the following note 5 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

(b) For consignments of ova and embryos of the equine species from Switzerland to the Community, the certificate provided for in Decision 95/294/EC shall apply, adapted as follows:

-in section 2, "Member State of collection" is replaced by "Country of collection: Switzerland (5)";

-in section 13, "official veterinarian" is replaced by "veterinarian carrying out the export check",

-in section 13.1.2, "of a Member State" is replaced by "of Switzerland";

-the following note 5 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

10. (a) For consignments of ova and embryos of the porcine species from the Community to Switzerland, the certificate provided for in Decision 95/483/EC shall apply, adapted as follows:

-in the title, "or trade with Switzerland (3)" shall be inserted after "intra-Community trade",

-in section 9, "Member State of destination" is replaced by "Country of destination: Switzerland";

-the following note 3 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

(b) For consignments of ova and embryos of the porcine species from Switzerland to the Community, the certificate provided for in Decision 95/483/EC shall apply, adapted as follows:

-in the title, "or trade with Switzerland (3)" shall be inserted after "intra-Community trade",

-in section 2, "Member State of collection" is replaced by "Country of collection: Switzerland";

-in section 13, "carrying out the export check" is inserted after "veterinarian";

-the following note 3 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.";

-after the signature, "official veterinarian" is replaced by "veterinarian carrying out the export check".

11. For the purposes of Article 24 of Directive 92/65/EEC, the information provided for in paragraph 2 of that Article shall be submitted to the Joint Veterinary Committee.

12. For trade between the Community and Switzerland in live animals as referred to in point 1, the certificates provided for in Parts 2 and 3 of Annex E to Directive 92/65/EEC shall apply mutatis mutandis, adapted as follows:

for the certificate in Part 2:

-in section 1, the words "Country of origin: Switzerland (8) or" are inserted before "Member State";

-in section 7, the words "Country of destination: Switzerland (8) or" are inserted before "Member State";

-where this document is drawn up by the Swiss authorities, in sections 16 and 17 "official veterinarian" and "official/approved veterinarian" are replaced by "veterinarian carrying out the export check";

-note 5 is amended as follows: "As requested by a Member State benefiting from additional guarantees under Community legislation, or Switzerland under the Agreement of 21 June 1999 between the European Community and Switzerland (point IX of Appendix 2 to Annex 11).";

-the following note 8 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.";

for the certificate in Part 3:

-in section 1, the words "Country of origin: Switzerland (10) or" are inserted before "Member State";

-in section 7, the words "Country of destination: Switzerland (8) or" are inserted before "Member State";

-in section 14, "or, for Switzerland, the veterinarian carrying out the export check" is inserted after "competent authority";

-where this document is drawn up by the Swiss authorities, in sections 17 and 18 "official veterinarian" and "official/approved veterinarian" are replaced by "veterinarian carrying out the export check";

-note 7 is amended as follows: "As requested by a Member State benefiting from additional guarantees under Community legislation, or Switzerland under the Agreement of 21 June 1999 between the European Community and Switzerland (point IX of Appendix 2 to Annex 11).";

-the following note 10 is added: "For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland.".

Appendix 3

Imports of live animals and certain animal products from third countries

I. Community - Legislation

A. Bovine, porcine, ovine and caprine animals

Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (OJ L 302, 31.12.1972, p. 28), as last amended by Council Regulation (EC) No 1452/2001 (OJ L 198, 21.7.2001, p. 11)

B. Equidae

Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (OJ L 224, 18.8.1990 p.42), as last amended by Commission Decision 2002/160/EC (OJ L 53, 23.2.2002, p. 37)

C. Poultry and hatching eggs

Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 303, 31.10.1990, p. 6), as last amended by Commission Decision 2001/867/EC (OJ L 323, 7.12.2001, p. 29)

D. Aquaculture animals

Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (OJ L 46, 19.2.1991, p. 1), as last amended by Council Directive 98/45/EC (OJ L 189, 3.7.1998, p. 12)

E. Molluscs

Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs (OJ L 268, 24.9.1991, p. 1), as last amended by Commission Decision 2002/226/EC (OJ L 75, 16.3.2002, p. 65)

F. Bovine embryos

Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ L 302, 19.10.1989, p. 1), as last amended by Commission Decision 94/113/EC (OJ L 53, 24.2.1994, p. 23)

G. Bovine semen

Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species (OJ L 194, 22.7.1988 p. 10), as last amended by the Act of Accession of Austria, Finland and Sweden

H. Porcine semen

Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ L 224, 18.8.1990, p. 62), as last amended by Commission Decision 2000/39/EC (OJ L 13, 19.1.2000, p. 21)

I. Other live animals

Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (OJ L 268, 14.9.1992 p. 54), as last amended by Commission Regulation (EC) No 1802/2002 (OJ L 274, 11.10.2002, p. 21.)

II. Switzerland - Legislation

Ordonnance of 20 April 1988 on the import, transit and export of animals and animal products (OITE), as last amended on 16 October 2002 (RS 916.443.11)

III. Implementing rules

As a general rule, the Office Vétérinaire Fédéral shall apply the same rules as those covered by point I of this Appendix. However, the Office Vétérinaire Fédéral may adopt more restrictive measures and require additional guarantees. In that case, without prejudice to its right to implement those measures immediately, consultations shall be held within the Joint Veterinary Committee to find appropriate solutions. Where the Office Vétérinaire Fédéral wishes to implement less restrictive measures, it shall inform the competent Commission departments in advance. In such cases, consultations shall be held within the Joint Veterinary Committee to find suitable solutions. Pending such solutions, the Swiss authorities shall refrain from implementing the planned measures.

Appendix 4

Zootechnical provisions, including those governing imports from third countries

I. Community - Legislation

A. Bovine animals

Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine species (OJ L 206, 12.8.1977, p. 8), as last amended by Council Directive 94/28/EC (OJ L 178, 12.7.1994, p. 66)

B. Porcine animals

Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species (OJ L 382, 31.12.1988, p. 36), as last amended by the Act of Accession of Austria, Finland and Sweden

C. Ovine and caprine animals

Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats (OJ L 153, 6.6.1989, p. 30)

D. Equidae

(a) Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ L 224, 18.8.1990, p. 55)

(b) Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein (OJ L 224, 18.8.1990, p. 60)

E. Pure-bred animals

Council Directive 91/174/EEC of 25 March 1991 laying down zootechnical and pedigree requirements for the marketing of pure-bred animals and amending Directives 77/504/EEC and 90/425/EEC (OJ L 85, 5.4.1991, p. 37)

F. Imports from third countries

Council Directive 94/28/EC of 23 June 1994 laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ L 178, 12.7.1994, p. 66)

II. Switzerland - Legislation

Ordonnance of 7 December 1998 on livestock farming, as last amended on 18 October 2000 (RS 916.310) This Appendix shall be reviewed as soon as possible in the light of the new provisions adopted by the Swiss authorities.

III. Transitional arrangements

Without prejudice to the rules on zootechnical checks in Appendices 5 and 6, the Swiss authorities undertake to ensure that consignments of animals, semen, ova and embryos are carried out in accordance with Council Directive 94/28/EC.

Where difficulties arise in trade, the matter shall be referred to the Joint Veterinary Committee at the request of either Party.

Appendix 5

Checks and fees

CHAPTER 1

Trade between the Community and Switzerland

I. ANIMO System

The Commission, in cooperation working with the Office Vétérinaire Fédéral, shall integrate Switzerland into the ANIMO computerised system. If necessary, transitional measures shall be laid down in the Joint Veterinary Committee.

II. Rules for equidae

Checks relating to trade between the Community and Switzerland shall be carried out in accordance with Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ L 224, 18.8.1990, p. 29), as last amended by Directive 2002/33/EEC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

The Joint Veterinary Committee shall be responsible for implementing Articles 9 and 22.

III. Rules for animals sent for grazing in border areas

1. The official veterinarian of the country of dispatch shall:

-notify the official veterinarian of the country of destination 48 hours in advance that the animals are to be dispatched;

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

-issue a certificate in accordance with a model to be drawn up by the Joint Veterinary Committee.

2. The official veterinarian of the country of destination shall inspect the animals upon arrival in the country of destination to ensure that they comply with the standards laid down in this Annex.

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

4. The holder of the animals shall make a written statement undertaking:

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

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

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

5. Grazing shall be limited to a 10 km strip both sides of the border between Switzerland and the Community; this distance may be increased in special duly substantiated conditions.

6. Where there are outbreaks of diseases, suitable appropriate measures shall be taken by common consent between the competent veterinary authorities.

Those authorities shall consider how to cover any costs involved. If necessary the matter shall be referred to the Joint Veterinary Committee.

IV. Special rules

A. Where animals for slaughter are bound for the abattoir in Basle, documentary checks only shall be carried out at one of the points of entry into Swiss territory. This rule shall apply only to animals originating in the department of Haut Rhin or the Landkreise Lörrach, Waldshut, Breisgau-Hochschwarzwald and the town of Freiburg i.B. This provision may be extended to other abattoirs along the border between the Community and Switzerland.

B. Where animals are bound for the customs enclave of Livigno, documentary checks only shall be carried out at Ponte Gallo. This rule shall apply only to animals originating in the canton of Grisons. This provision may be extended to other areas under customs control along the border between the Community and Switzerland.

C. Where animals are bound for the canton of Grisons, documentary checks only shall be carried out at La Drossa. This rule shall apply only to animals originating in the customs enclave of Livigno. This provision may be extended to other areas along the border between the Community and Switzerland.

D. Where live animals are loaded directly or indirectly onto a train at a point in the territory of the Community for unloading at another point in the territory of the Community after transit through Swiss territory, the only requirement shall be to inform the Swiss veterinary authorities beforehand. This rule shall apply only to trains the composition of which does not change in the course of transport.

V. Rules for animals crossing through Community or Swiss territory

A. Where live animals originating in the Community are to cross through Swiss territory, the Swiss authorities shall carry out documentary checks only. In suspicious cases, they may carry out any other inspections required.

B. Where live animals originating in Switzerland are to cross through Community territory, the Community authorities shall carry out documentary checks only. In suspicious cases, they may carry out any other inspections required. The Swiss authorities guarantee that the animals will be accompanied by a certificate of non-refoulement issued by the authorities of the third country of first destination.

VI. General rules

These provisions shall apply to cases not covered by points II to IV.

A. For live animals originating in the Community or Switzerland and intended for import, the following checks shall be carried out:

-documentary checks.

B. For live animals from countries other than those covered by this Annex which have been checked as provided for in Directive 91/496/EEC, as last amended by Council Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1), the following checks shall be carried out:

-documentary checks.

VII. Points of entry - trade between the European Community and Switzerland

A. For the Community:

Germany:

-- Konstanz Strasse // road

-- Weil am Rhein/Mannheim // rail, road

France:

-- Saint Julien/Bardonnex // road

-- Ferney-Voltaire/Geneva // air

-- Saint-Louis/Basle // road/air

Italy:

-- Campocologno // rail

-- Chiasso // rail, road

-- Grand San Bernardo-Pollein // road

Austria:

-- Feldkirch-Tisis // road

-- Höchst // road

-- Feldkirch-Buchs // rail

B. For Switzerland:

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CHAPTER 2

Imports from third countries

I. Legislation

Checks on imports from third countries shall be carried out in accordance with Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.4.1991, p. 56), as last amended by Council Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1).

II. Implementing rules and procedures

A. For the purposes of Article 6 of Directive 91/496/EEC, the border inspection posts shall be: Basle-Mulhouse airport, Ferney-Voltaire/Geneva airport and Zurich airport. The Joint Veterinary Committee shall be responsible for subsequent amendments.

B. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 19 of Directive 91/496/EEC and Article 57 of the Law on epizootic diseases.

CHAPTER 3

Special provisions

-For France, the cases of Ferney-Voltaire/Geneva airport and St. Louis/Basle airport shall be the subject of consultations within the Joint Veterinary Committee.

-For Switzerland, the cases of Geneva-Cointrin airport and Basle-Mulhouse airport shall be the subject of consultations within the Joint Veterinary Committee.

I. Mutual assistance

A. LEGISLATION

Community // Switzerland

Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters (OJ L 351, 2.12.1989, p. 34) // Law of 1 July 1996 on epizootic diseases (LFE), as last amended on 15 December 2000 (RS 916.40), and in particular Article 57 thereof

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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

II. Identification of animals

A. LEGISLATION

Community // Switzerland

1. Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals (OJ L 355, 5.12.1992, p. 32), as amended by the Act of Accession of Austria, Finland and Sweden

2. Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1), as last amended by Commission Regulation (EC) No 1825/2000 of 25 August 2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products (OJ L 216, 26.8.2000, p. 8) // 1. Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401), and in particular Articles 7 to 22 (registration and identification) thereof

2. Ordonnance of 18 August 1999 on the data base for animal movements, as last amended on 20 November 2002 (RS 916.404)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. The Joint Veterinary Committee shall be responsible for the application of Article 3(2), the fifth subparagraph of Article 4(1)(a) and Article 4(2) of Directive 92/102/EEC.

2. For movements of swine and ovine and caprine animals within Switzerland, the date to be taken into account for the purposes of Article 5(3) shall be 1 July 1999.

3. In the context of Article 10 of Directive 92/102/EEC, the Joint Veterinary Committee shall be responsible for coordination where any electronic identification systems are set up.

III. SHIFT System

A. LEGISLATION

Community // Switzerland

Council Decision 92/438/EEC of 13 July 1992 on computerisation of veterinary import procedures (SHIFT project), amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and Decision 90/424/EEC, and repealing Decision 88/192/EEC (OJ L 243, 25.8.1992, p. 27), as last amended by the Act of Accession of Austria, Finland and Sweden // Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 17 October 2001 (RS 916.401)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

The Commission, in cooperation with the Office Vétérinaire Fédéral, shall integrate Switzerland into the SHIFT system provided for by Council Decision 92/438/EEC.

IV. Protection of animals

A. LEGISLATION

Community // Switzerland

1. Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC (OJ L 340, 11.12.1991, p. 17), as last amended by Council Directive 95/29/EC (OJ L 148, 30.6.1995, p. 52)

2. Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC (OJ L 174, 2.7.1997, p. 1) // 1. Ordonnance of 27 May 1981 on the protection of animals, as last amended on 17 June 2001 (RS 455.1)

2. Ordonnance of 20 April 1988 on the import, transit and export of animals and animal products (OITE), as last amended on 16 October 2002 (RS 916.443.11)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. The Swiss authorities undertake to comply with the requirements laid down in Directive 91/628/EEC for trade between Switzerland and the Community and for imports from third countries.

2. The information provided for in the fourth paragraph of Article 8 of Directive 91/628/EEC shall be submitted to the Joint Veterinary Committee.

3. On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 10 of Directive 91/628/EEC and Article 65 of the Ordonnance of 20 April 1988 on the import, transit and export of animals and animal products, as last amended on 16 October 2002 (RS 916.443.11).

4. The information provided for in the second subparagraph of Article 18(3) of Directive 91/628/EEC shall be submitted to the Joint Veterinary Committee.

V. Semen, ova and embryos

Section VI of Chapter 1 and Chapter 2 of this Appendix shall apply mutatis mutandis.

VI. Fees

A. For checks on live animals from countries other than those covered by this Annex, the Swiss authorities undertake to collect at least the fees provided for in Annex C, chapter 2 of Directive 96/43/EC.

B. The fees payable on live animals originating in the Community or Switzerland and intended for import into the Community or Switzerland shall be:

EUR 2.5/t, with a minimum of EUR 15 and a maximum of EUR 175 being charged per consignment.

C. No fees shall be charged:

-on animals for slaughter bound for the abattoir in Basle,

-on animals bound for the customs enclave of Livigno,

-on animals bound for the canton of Grisons,

-on live animals loaded directly or indirectly onto a train at one point in Community territory for unloading at another point in Community territory,

-on live animals originating in the Community crossing Swiss territory,

-on live animals originating in Switzerland crossing Community territory,

-on equidae.

D. The fees payable on animals sent for grazing in border areas shall be:

EUR 1/head for the country of dispatch and EUR 1/head for the country of destination, with a minimum of EUR 10 and a maximum of EUR 100 being charged in each case per consignment.

E. For the purposes of this chapter, "consignment" means a number of animals of the same type, covered by the same health certificate or document, carried on the same means of transport, dispatched by the same consignor, coming from the same exporting country or region and bound for the same destination.

Appendix 6

Animal products

CHAPTER 1

Sectors where recognition of equivalence is mutual

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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