Proposal for a COUNCIL DECISION on the Community position on the amendment of Appendix 5 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

(presented by the Commission)

EXPLANATORY MEMORANDUM

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

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

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

Point III of Chapter 1 of Appendix 5 to Annex 11 to the Agriculture Agreement lays down rules for animals sent for grazing in border areas. The third subparagraph of point III(1) provides that the Joint Veterinary Committee is to draw up a model certificate for such animals.

The Community must adopt the position it is to take in the Joint Veterinary Committee regarding the adoption of the amendments to Appendix 5 to Annex 11 needed to adopt a model certificate for animals sent for grazing in border areas. 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.

***

The draft amendment to Appendix 5 to Annex 11 to the Agriculture Agreement provides for the adoption of a model certificate for animals sent for grazing in border areas.

Proposal for a COUNCIL DECISION on the Community position on the amendment of Appendix 5 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 and Article 152(4)(b) in conjunction with the second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C [...], [...], p. [...].

Whereas:

(1) The first subparagraph of Article 5(2) of Decision 2002/309/EC, Euratom, of the Council and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation [2], the Community's position within the Joint Veterinary Committee is to be adopted by the Council on a proposal from the Commission.

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

(2) 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.

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

(4) Point III of Chapter 1 of Appendix 5 to Annex 11 to the Agriculture Agreement lays down rules for animals sent for grazing in border areas. The third subparagraph of point III(1) provides that the Joint Veterinary Committee is to draw up a model certificate for such animals.

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

HAS DECIDED AS FOLLOWS:

Article 1

The position to be adopted by the Community in the Joint Veterinary Committee set up by Article 19(1) of Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products regarding the amendment to Appendix 5 to the said Annex shall be based on the draft Decision of the Joint Committee annexed to this Decision.

Article 2

Decision No 1/2004 of the Joint Veterinary Committee on the amendment to Appendix 5 to Annex 11 to the Agreement shall be published in the Official Journal of the European Union as soon as it has been adopted.

Done at Brussels,

For the Council

The President

ANNEX

Proposal for

DECISION No 1/2004 OF THE JOINT VETERINARY COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS

on the amendment to Appendix 5 to Annex 11 to the Agreement

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

THE COMMITTEE,

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

Whereas:

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

(2) Point III of Chapter 1 of Appendix 5 to Annex 11 to the Agriculture Agreement should be amended to adopt a model certificate for animals sent for grazing in border areas.

HAS DECIDED AS FOLLOWS:

Article 1

Point III of Chapter 1 of Appendix 5 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is hereby replaced by the text in Annex I 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.

Done at Bern, Done at Brussels,

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

The head of delegation The head of delegation

ANNEX I

3III. Rules for animals sent for grazing in border areas

1. Definitions:

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

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

2. In the event of grazing between the Member States and Switzerland, Commission Decision 2001/672/EC of 20 August 2001 laying down special rules applicable to movements of bovine animals when put out to summer grazing in mountain areas (OJ L 235, 4.9.2001) shall apply mutatis mutandis.

However, for the purposes of this Annex, the following adjustments shall apply to Article 1 of Decision 2001/672/EC:

- the reference period 1 May to 15 October shall be replaced by "the calendar year";

- for Switzerland, the parties referred to in Article 1 of Decision 2001/672/EC and referred to in the corresponding Annex shall be:

SWITZERLAND

CANTON OF ZÜRICH

CANTON OF BERN/Berne

CANTON OF LuZErn

Canton OF Uri

CANTON OF Schwyz

Canton OF OBWALDEN

CANTON OF NidwaldEN

CANTON OF GlarUs

CANTON OF Zug

CANTON OF FREIBURG/Fribourg

CANTON OF SOLOTHURN

CANTON OF BASEL STADT

CANTON OF BASEL LAND

CANTON OF Schaffhausen

Canton OF Appenzell ausserrhoden

Canton OF Appenzell innerrhoden

CANTON OF sankt Gallen

Canton OF graubunden

Canton OF aargau

CANTON OF Thurgau

Canton OF ticino

CANTON OF Vaud

Canton OF Valais/wallis

CANTON OF Neuchâtel

CANTON OF Geneva

Canton OF Jura

Pursuant to the Ordonnance on epizootic diseases (OFE) of 27 June 1995, as last amended on 9 April 2003, (RS 916.401), and in particular Article 7 thereof (registration) and the Ordonnance of 18 August 1999 on the data base on animal movements, as last amended on 20 November 2002 (RS 916.404), and in particular Article 2 thereof (content of the data base), Switzerland is to allocate to each pasturage a specific registration code which must be registered in the national database on bovine animals.

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

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

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

(c) issue a certificate in accordance with the model in point 11.

4. 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.

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

6. The holder of the animals must:

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

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

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

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

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

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

(c) issue a certificate in accordance with the model in point 12.

8. In the event of outbreaks of disease, the competent veterinary authorities shall take appropriate measures by mutual agreement.

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

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

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

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

(c) the health certificate set out in point 11 below shall be presented to the competent veterinary authorities every calendar year when the animals first enter a Member State or Switzerland. The health certificate must be presented to the competent veterinary authorities at the request of the latter;

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

(e) point 7 shall not apply;

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

10. As an exception to the rules on fees provided for in point VI(D) of Chapter 3 of Appendix 5, in the case of daily grazing between the Member States and Switzerland, the fees provided for shall be paid only once per calendar year.

11. Model certificate for bovine animals sent for grazing in border areas.

"HEALTH CERTIFICATE FOR BOVINE ANIMALS SENT FOR GRAZING1 OR DAILY GRAZING1 IN BORDER AREAS

Country of origin: Switzerland1, 4 or Member State of origin1

Certificate No2

Region of origin:

Name and address of consignor:

Name and address of holding of origin:

Animal health information

I hereby certify that all the animals in the consignment described below:

1. come from a holding of origin and an area which, in accordance with Community or national legislation, are not subject to any prohibition or restriction in connection with animal diseases affecting the bovine species.

2. come from a herd of origin in Switzerland or in a Member State or part of its territory:

(a) which has set up a surveillance network approved under Commission Decision .../.../EC or, for Switzerland, under the Agreement of 21 June 1999 between the Community and Switzerland (point I of Appendix 2 to Annex 11)1;

(b) which is officially recognised as free of leucosis, tuberculosis and brucellosis.

3. are animals to be reared1 or for production1 which:

- have, according to the available information, remained on the holding of origin for the last 30 days, or since birth if less than 30 days old, and that no animals imported from a third country have entered the holding during that period, unless kept completely isolated from the other animals on the holding;

- have not been in contact during the past 30 days with animals from herds not meeting the conditions set out in point 2.

Description of the consignment

Departure date:

Total number of animals:

Identification of the animal(s):

Number // Official identification (ear tag)

1. //

2. //

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If necessary, please attach an additional list, signed and stamped by the official or approved veterinarian2.

Approval number of the transporter (if the distance to be covered is more than 50 km):

Means of transport:................................. Registration number:

Name and address of consignee (person responsible for the grazing ground):

Address of the holding of destination in Switzerland or in the Member State of destination1 (please complete in block capitals):

Grazing ground:

Registration code of grazing ground:

County/Province:

Post code: ........................... Member State: or Switzerland1

Date of arrival at the pasture ground:

Planned date of departure from pasture ground:

After the statutory inspection, I hereby certify that:

1. the animals described above were inspected on ........... (date) during the 48 hours prior to planned departure and showed no clinical signs of infectious or contagious disease;

2. the holding of origin and, where applicable, the approved assembly centre, and the zone in which they are situated are not subject to any prohibition or restriction in connection with animal diseases affecting the bovine species in accordance with Community or national legislation;

3. all the applicable provisions of Council Directive 64/432/EEC have been complied with;

4. the animals comply with the additional guarantees regarding IBR/IPV in accordance with Commission Decision 93/42/EEC, which applies mutatis mutandis in accordance with the Agreement of 21 June 1999 between the European Community and Switzerland;

5. at the time of inspection, the animals indicated above were fit to be transported on the intended journey in accordance with Directive 91/628/EEC3.

Certification2

>TABLE POSITION>

Name and qualification (in block letters):

Address of the veterinarian signing the certificate:

Additional information

1. This certificate must bear a stamp and signature in a different colour than the printing.

2. This certificate shall be valid for ten days from the date of the health inspection carried out in Switzerland or in the Member State of origin. In the case of daily grazing, this certificate shall be valid for the entire grazing period.

3. The information which must appear on this certificate must be entered in the computerised system linking veterinary authorities provided for in Article 20 of Directive 90/425/EEC on the date of issue of the certificate and no later than 24 hours before the planned date of arrival of the animals.

1 Delete where not applicable.

2 To be completed by the official veterinarian of the Member State of origin or, for Switzerland, by the veterinarian responsible for export checks.

3 This statement does not exempt transporters from their obligations in accordance with Community provisions in force in particular regarding the fitness of animals to be transported .

4 For Switzerland, in accordance with RO 2002 2147 and the Agreement of 21 June 1999 between the European Community and Switzerland. ".

12. Model certificate for bovine animals sent for grazing in border areas.

"HEALTH CERTIFICATE FOR BOVINE ANIMALS RETURNING FROM GRAZING IN BORDER AREAS (at or before the end of the normal grazing period)

Certificate No1

Reference certificate No2

A) Description of the consignment

Departure date:

List of animals returning early3

of

List of animals mentioned on the reference health certificate3, 4

Total number of animals

Identification of the animal(s)

Number // Official identification (ear tag)

1. //

2. //

3. //

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If necessary, please attach an additional list, signed and stamped by the official or approved veterinarian5.

B) Destination of animals

Address of the holding of destination in Switzerland or in the Member State of destination3 (please complete in block capitals):

Name:

Street:

County/Province:

Post code: ........................... Member State: or Switzerland3

C) Means of Transport :

Approval number of the transporter (if the distance to be covered is more than 50 km):

Means of transport:................................. Registration number:

D) Animal health information

I, the undersigned official veterinarian hereby certify that

1. the animals described above were inspected on ........... (date of loading or 48 hours before departure) and showed no clinical signs of infectious or contagious disease;

2. the area in which the animals have been grazing is not subject to any prohibition or restriction in connection with animal diseases affecting the bovine species in accordance with Community or national legislation and, in particular, no cases of tuberculosis, brucellosis or leucosis have been found during the grazing period.

Certification5

>TABLE POSITION>

Name and qualification (in block letters):

Additional information

1. This certificate must bear a stamp and signature in a different colour than the printing.

2. This certificate shall be valid for ten days from the date of the health inspection carried out in Switzerland or in the Member State of origin.

3. The information which must appear on this certificate must be entered in the computerised system linking veterinary authorities provided for in Article 20 of Directive 90/425/EEC on the date of issue of the certificate and no later than 24 hours before the planned date of arrival of the animals.

1 Issued by the competent authority.

2 Number of the health certificate used to bring the animals to the grazing ground.

3 Delete if not applicable.

4 If animals are returned to their holding of origin during the grazing period for health reasons, accompanied by a health certificate, the animals concerned must be deleted from the initial list, which must be validated by the official veterinarian.

5 To be completed by the official veterinarian. "