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
Date: 2003-07-09
Institutions: European Commission
Subjects: Switzerland, agreement (EU), agricultural product, agricultural trade, committee (EU), veterinary inspection, veterinary legislation

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 9.7.2003
COM(2003) 408 final

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.

2

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  Confederation1,  and  in  particular  the  first
subparagraph of Article 5(2) thereof,

Having regard to the proposal from the Commission2,

Whereas:

(1)

(2)

(3)

(4)

(5)

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.

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

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.

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 these necessary amendments,

1

2

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

3

                                                
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

4

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. 

5

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
Head of Delegation

On behalf of the European Commission
Head of Delegation

6

ANNEX

"Appendix 1

CONTROL MEASURES/NOTIFICATION OF DISEASES

I. FOOT-AND-MOUTH DISEASE

A. LEGISLATION

Community

Switzerland

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
control
epizootic 
(technical
objectives) 
implementing 
provisions,
international cooperation) thereof

diseases, 
57 
and 

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 
epizootic
contagious 
diseases),  49 
(handling  micro-
organisms  that  are  pathogenic  for
animals),  73  and  74  (cleaning  and
disinfection),  77  to  98  (common
provisions 
highly
contagious  epizootic  diseases)  and
99  to  103  (specific  measures  to
combat 
foot-and-mouth  disease)
thereof

concerning 

de 

Ordonnance of  14 June  1999  on  the
the  Département
organisation  of 
fédéral 
(RS
l'économie 
172.216.1),  and  in  particular  Article
8 
laboratory,
(reference 
registration, control and provision of
foot-and-mouth
vaccine 
disease)

against 

thereof 

1.

2.

1985 

Council  Directive  85/511/EEC  of
18 November 
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

animal 

Council Directive 90/423/EEC of 26
June  1990 
amending  Directive
85/511/EEC introducing Community
measures for the control of foot-and-
Directive
disease, 
mouth 
64/432/EEC 
health
on 
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)

1.

2.

3.

7

1.

2.

3.

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

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.

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).

8

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
last  amended  on
1 July  1966,  as 
15 December  2000  (RS  916.40),  and  in
particular  Articles  1,  1a  and  9a
(measures  against  highly  contagious
epizootic  diseases,  control  objectives)
(technical 
and 
implementing
57 
provisions, 
international  cooperation)
thereof

as 

(OFE), 

2. Ordonnance  of  27  June  1995  on
epizootic  diseases 
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
that  are
(handling  micro-organisms 
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.

9

2.

3.

4.

5.

6.

7.

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.

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.

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.

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.

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).

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.

10

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
last  amended  on
1 July  1966,  as 
15 December  2000  (RS  916.40),  and  in
particular  Articles  1,  1a  and  9a
(measures  against  highly  contagious
epizootic  diseases,  control  objectives)
(technical 
and 
implementing
57 
provisions, 
international  cooperation)
thereof

as 

(OFE), 

2. Ordonnance  of  27  June  1995  on
epizootic  diseases 
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.

2.

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.

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.

11

3.

4.

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.

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.

12

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
last  amended  on
1 July  1966,  as 
15 December  2000  (RS  916.40),  and  in
particular  Articles  1,  1a  and  9a
(measures  against  highly  contagious
epizootic  diseases,  control  objectives)
(technical 
and 
implementing
57 
provisions, 
international  cooperation)
thereof

as 

(OFE), 

2. Ordonnance  of  27  June  1995  on
epizootic  diseases 
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.

2.

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.

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.

13

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.

14

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
last  amended  on
1 July  1966,  as 
15 December  2000  (RS  916.40),  and  in
particular  Articles  1,  1a  and  9a
(measures  against  highly  contagious
epizootic  diseases,  control  objectives)
(technical 
and 
implementing
57 
provisions, 
international  cooperation)
thereof

as 

(OFE), 

2. Ordonnance  of  27  June  1995  on
epizootic  diseases 
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
that  are
(handling  micro-organisms 
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 
the  Office
Vétérinaire  Fédéral  No  90(13)  p.  113
(vaccination, etc.))

(Bulletin 

of 

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

15

1.

2.

3.

4.

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

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.

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

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.

16

VI. FISH DISEASES

A. LEGISLATION

Community

Switzerland

by 

Council  Directive  93/53/EEC  of  24  June
introducing  minimum  Community
1993 
measures  for  the  control  of  certain  fish
diseases (OJ L 175, 19.7.1993, p. 23), as last
amended 
Decision
2001/288/EC  of  3  April  2001  amending
introducing
Council  Directive  93/53/EEC 
minimum  Community  measures 
the
for 
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)

Commission 

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

as 

(OFE), 

2. Ordonnance  of  27  June  1995  on
last
epizootic  diseases 
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 
fish  diseases,
relating 
diagnostic laboratory) thereof

to 

1.

2.

3.

4.

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

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.

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

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.

17

5.

6.

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.

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.

18

VII. OTHER DISEASES

A. LEGISLATION

Community

Switzerland

92/119/EEC 

of
Council 
Directive 
introducing  general
17 December  1992 
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

as 

(OFE), 

2. Ordonnance  of  27  June  1995  on
epizootic  diseases 
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.

2.

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

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.

19

3.

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.

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.

20

VIII. NOTIFICATION OF DISEASES

A. LEGISLATION

Community

Switzerland

Directive 

82/894/EEC 

Council 
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 
and
declaration of diseases) and 57 (technical
implementing  provisions,  international
cooperation) thereof

(announcement 

11 

as 

(OFE), 

2. Ordonnance  of  27  June  1995  on
last
epizootic  diseases 
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.

21

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)

as 

(OFE), 

1. Ordonnance  of  27  June  1995  on
epizootic  diseases 
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 
(
(enzootic  bovine  leucosis),  170  to  174
to  195  (spongiform
(IBR/IPV),  175 
encephalopathies),  186  to  189  (bovine
genital  infections),  207  to  211  (porcine
brucellosis),  297  (approval  of  markets,
assembly centres and disinfection points)
thereof

(tuberculosis),  166 

to  169 

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.

2.

3.

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.

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

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:

22

(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)

(e)

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.

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.

23

(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
Commission.  The  situation  shall  be  considered  within  the  Joint  Veterinary
Committee with a view to reviewing this paragraph.

the  Office  Vétérinaire  Fédéral  shall 

immediately  notify 

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 

in  clinical
examinations, autopsies or checks on meat shall be reported to  the  competent
authorities.

leucosis  found 

(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.

24

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.

25

8.

9.

10.

11.

(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.

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.

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.

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.

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)";

26

– 

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"; 

27

– 

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.".

28

II. SHEEP AND GOATS

A. LEGISLATION

Community

Switzerland

by 

Commission 

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 
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 
in  ovine  and  caprine
trade 
animals (OJ L 91, 6.4.2002, p. 31)

as 

(OFE), 

1. Ordonnance  of  27  June  1995  on
last
epizootic  diseases 
amended  on  17  October  2001  (RS
916.401), and in particular Articles 27 to
31  (markets,  exhibitions),  34  to  37
(cleaning  and
(trade),  73  and  74 
disinfection), 142 to 149 (rabies), 158 to
165  (tuberculosis), 166 to 169  (scrapie),
190 
caprine
(ovine 
brucellosis),  196  to  199  (contagious
(caprine
agalactia), 
to 
arthritis/encephalitis), 
235
to 
(brucellosis  in  rams)  and  297  (approval
of  markets,  assembly  centres  and
disinfection points) thereof

203 
233 

to  195 

200 

and 

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)

1.

2.

3.

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

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.

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.

29

4.

5.

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.

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.".

30

III. EQUIDAE

A. LEGISLATION

Community

Switzerland

from 

import 

Council  Directive  90/426/EEC  of  26  June
1990  on  animal  health  conditions  governing
the  movement  and 
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)

as 

(OFE), 

1. Ordonnance  of  27  June  1995  on
last
epizootic  diseases 
amended  on  17  October  2001  (RS
916.401),  and  in  particular  Articles  112
to  115  (African  horse  disease),  204  to
encephalomyelitis,
206 
infectious anaemia, glanders), and 240 to
244 (contagious equine metritis) thereof

(dourine, 

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.

2.

3.

4.

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

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

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.

(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.".

31

(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.".

32

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 
intra-
Community  trade  in  poultry  and  hatching
eggs (OJ L 323, 7.12.2001, p. 29)

certificates 

health 

for 

as 

(OFE), 

1. Ordonnance  of  27  June  1995  on
last
epizootic  diseases 
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 
laryngotracheitis)
thereof

infectious 

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

1.

2.

3.

4.

5.

6.

7.

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

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.

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

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».

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

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

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

33

8.

9.

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.

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.".

34

(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.

35

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
last  amended  on
diseases  (OFE),  as 
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

1.

2.

3.

4.

5.

6.

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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

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

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

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.

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.

(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)".

36

(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";

37

– 

– 

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.".

38

VI. BOVINE EMBRYOS

A. LEGISLATION

Community

Switzerland

Directive 

89/556/EEC 

of
Council 
animal  health
25 September  1989  on 
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 
Decision
94/113/EC (OJ L 53, 24.2.1994, p. 23)

Commission 

by 

1. Ordonnance  of  27  June  1995  on
last
epizootic  diseases 
amended  on  17  October  2001  (RS
916.401), and in particular Articles 56 to
58 (embryo transfer) thereof

(OFE), 

as 

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.

2.

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.

(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)".

39

VII. BOVINE SEMEN

A. LEGISLATION

Community

Switzerland

laying  down 

Council  Directive  88/407/EEC  of  14  June
the  animal  health
1988 
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
last
epizootic  diseases 
amended  on  17  October  2001  (RS
916.401), and in particular Articles 51 to
55 (artificial insemination) thereof

(OFE), 

as 

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

1.

2.

3.

4.

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

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

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.

(a)

(b)

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

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)".

40

VIII. PORCINE SEMEN

A. LEGISLATION

Community

Switzerland

laying  down 

Council  Directive  90/429/EEC  of  26  June
the  animal  health
1990 
requirements  applicable  to  intra-Community
trade  in  and  imports  of  semen  of  domestic
animals  of  the  porcine  species  (OJ  L  224,
last  amended  by
18.8.1990,  p.  62),  as 
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
last
epizootic  diseases 
amended  on  17  October  2001  (RS
916.401), and in particular Articles 51 to
55 (artificial insemination) thereof

(OFE), 

as 

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.

2.

3.

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

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.

(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",

41

– 

– 

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.

42

IX. OTHER SPECIES

A. LEGISLATION

Community

Switzerland

in 

laid 

down 

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
to  animal  health
embryos  not  subject 
specific
requirements 
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
last
epizootic  diseases 
amended  on  17  October  2001  (RS
916.401), and in particular Articles 51 to
55 (artificial insemination) and 56 to  58
(embryo transfer) thereof

(OFE), 

as 

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.

2.

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.

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.

43

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";

44

– 

– 

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.

6.

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.

(a) Consignments  of  cats  and  dogs  from  the  Community  to  Switzerland  shall  be

subject to Article 10(2) of Directive 92/65/EEC.

45

(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" 
Switzerland(6)";

is  replaced  by  "Consignor  country:

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;

46

– 

– 

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.".

47

(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.

48

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.".

49

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)

50

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.

51

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)

52

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.

53

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 
the  ANIMO  computerised  system.  If  necessary,
transitional measures shall be laid down in the Joint Veterinary Committee.

into 

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.

3.

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.

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

54

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.

55

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

56

Italy:

— Campocologno

rail

— Chiasso

rail, road

— Grand San Bernardo-Pollein road

Austria:

— Feldkirch-Tisis

— Höchst

— Feldkirch-Buchs

road

road

rail

B.

For Switzerland:

— Germany:

Thayngen

Kreuzlingen

road

road

Basle

road/rail/air,

— France:

Bardonnex

road

Basle

Geneva

— Italy:

Campocologno

Chiasso

Martigny

— Austria:

Schaanwald

St. Margrethen

road/air

air,

rail

road/rail

road,

road

road

Feldkirch-Buchs

rail

57

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.

B.

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.

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.

58

I. Mutual assistance

A. LEGISLATION

Community

Switzerland

Directive 

89/608/EEC 

Council 
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 
on
veterinary  and  zootechnical  matters  (OJ  L
351, 2.12.1989, p. 34)

application 

legislation 

of 

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.

59

II. Identification of animals

A. LEGISLATION

Community

Switzerland

1.

2.

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

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

1992 

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

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)

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

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.

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.

1.

2.

1.

2.

3.

60

III. SHIFT System

A. LEGISLATION

Community

Switzerland

Council  Decision  92/438/EEC  of  13  July
1992 on computerisation of veterinary import
amending
(SHIFT  project), 
procedures 
Directives 
91/496/EEC,
90/675/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 
last  amended  on
17 October 2001 (RS 916.401)

(OFE),  as 

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.

61

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)

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)

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.

2.

3.

4.

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

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

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).

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.

62

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

V. Semen, ova and embryos

VI. Fees

A.

B.

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.

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.

63

Appendix 6

ANIMAL PRODUCTS

CHAPTER 1

Sectors where recognition of equivalence is mutual

64

Products: Milk and products of milk of bovine species intended for human consumption

Milk and products of milk of bovine species not intended for human consumption

Exports from the Community to Switzerland

Trade conditions

Exports from Switzerland to the Community

Trade conditions

EC standards

Swiss standards

Equivalence

Swiss standards

EC standards

Equivalence

Animal health
provisions

— Bovine animals

64/432/EEC
92/46/EEC
92/118/EEC

Public health

92/46/EEC
92/118/EEC

Yes

Yes

Ordonnance of 27 June 1995 on epizootic diseases
(OFE),  as  last  amended  on  17  October 2001  (RS
916.401),  and  in  particular  Articles  47,  61,  65,
101, 155, 163, 169, 173, 177, 224 and 295 thereof

64/432/EEC
92/46/EEC
92/118/EEC

Ordonnance  of  7  December  1998  on  ensuring
quality  in  the  dairy  sector  (Ordonnance  on  milk
quality,  OQL)  as  last  amended  on  8  March  2002
(RS 916.351.0)

92/46/EEC
92/118/EEC

Yes

Yes

Ordonnance of 13 April 1999 on ensuring quality
in  industrial  milk  processing,  as  last  amended  on
20 December 2002 (RS 916.351.021.2)

Ordonnance of 13 April 1999 on ensuring quality
in  milk  production,  as 
last  amended  on
20 December 2002 (RS 916.351.021.1)

Ordonnance of 13 April 1999 on ensuring quality
in artisanal processing of milk, as last amended on
20 December 2002 (RS 916.351.021.3)

Ordonnance of 13 April 1999 on ensuring quality
during maturing and pre-packaging of cheese , as
last  amended  on  20  December  2002 
(RS
916.351.021.4)

Ordonnance  of  27  June  1995  on  epizootic
diseases  (OFE),  as  last  amended  on  17  October
2001 (RS 916.401), and in particular Articles 47,
61, 65, 101, 155, 163, 169, 173, 177, 224 and 295
thereof

Ordonnance  of  7  December  1998  on  ensuring
quality  in  the  dairy  sector  (Ordonnance  on  milk
quality, OQL) as last amended on 8  March  2002
(RS 916.351.0)

Ordonnance of 13 April 1999 on ensuring quality
in industrial  milk processing, as last amended on
20 December 2002 (RS 916.351.021.2)

Ordonnance of 13 April 1999 on ensuring quality
in  milk  production,  as 
last  amended  on
20 December 2002 (RS 916.351.021.1)

Ordonnance of 13 April 1999 on ensuring quality
in  artisanal  processing  of  milk,  as  last  amended
on 20 December 2002 (RS 916.351.021.3)

Ordonnance of 13 April 1999 on ensuring quality
during maturing and pre-packaging of cheese , as
last  amended  on  20  December  2002 
(RS
916.351.021.4)

65

EC standards

90/667/EEC

Exports from the Community to Switzerland

Trade conditions

Equivalence

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

Yes

Ordonnance  of  20  April  1988
concerning  the  import,  transit  and
export  of  animals  and  animal
products (OITE), as last amended on
16  October  2002  (RS  916.443.11),
and  in  particular  Articles  64a,  76
and 
export
(approval 
establishments,  conditions  for  the
exporting of animal waste) thereof

77 

of 

Products: Animal waste

Exports from Switzerland to the Community

Trade conditions

Equivalence

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

EC standards
90/667/EEC

Yes

Ordonnance  of  20  April  1988
concerning  the  import,  transit  and
export  of  animals  and  animal
products (OITE), as last amended on
16  October  2002  (RS  916.443.11),
and  in  particular  Articles  64a,  76
and 
export
(approval 
establishments,  conditions  for  the
exporting of animal waste) thereof

77 

of 

Special
requirements
Trade  in  high-risk
material 
is
prohibited.  To  be
reconsidered  by  the
Joint 
Veterinary
Committee.

Special
requirements
Trade  in  high-risk
material 
is
prohibited.  To  be
reconsidered  by  the
Joint 
Veterinary
Committee.

66

CHAPTER II

Sectors other than those covered by Chapter I

I.

Exports from the Community to Switzerland

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

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

II.

Exports from Switzerland to the Community

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

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

CHAPTER III

Transfer of a sector from Chapter II to Chapter I

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

67

Appendix 11

CONTACT POINTS

FOR THE COMMUNITY :

The Director
Food Safety: plant health, animal health and welfare, international questions
Directorate General for Health and Consumer Protection (DG SANCO)
European Commission
Rue Froissart, 101
B-1049 Brussels
Belgium

Other important contacts

The Director
Food and Veterinary Office
Grange 
Ireland

Head of Unit
International food, veterinary and phytosanitary questions
Directorate General for Health and Consumer Protection (DG SANCO)
European Commission
Rue Froissart, 101
B-1049 Brussels
Belgium

FOR SWITZERLAND

Office vétérinaire fédéral
CH-3003 Berne
Switzerland
Telephone:
Fax:
Other important contacts

41 (0) 31 323 85 01/02
41 (0) 31 324 82 56 

Office fédéral de la santé publique
Unité principale Sûreté alimentaire
CH-3003 Berne
Switzerland
Telephone:
Fax:

41 (0) 31 322 95 55 
41 (0) 31 322 95 74 

68

Centrale du Service d'inspection et de consultation en matière d'économie laitière
Schwarzenburgstraße 161
CH-3097 Liebefeld-Berne
Switzerland
Telephone:
Fax:

41 (0) 31 323 81 03
41 (0) 31 323 82 27”

69