Proposal for Council Decision on the Community position on the amendment of Appendices 1, 2 and 6 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
Date: 2003-09-12
Institutions: European Commission
Subjects: Switzerland, agreement (EU), agricultural product, agricultural trade, committee (EU), veterinary inspection, veterinary legislation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.09.2003
COM(2003)540 final

Proposal for

COUNCIL DECISION

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

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

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

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

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

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

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

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

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

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

2

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

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

* * *

3

Proposal for

COUNCIL DECISION

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Decision 2002/309/EC, Euratom of the Council and of the Commission as
regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the
conclusion  of  seven  Agreements  with  the  Swiss  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)

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

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

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

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

1

2

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

4

                                                
(5)

(6)

(7)

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

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

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

(8)

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

HAS DECIDED AS FOLLOWS:

Article 1

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

Article 2

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

Done at Brussels,

For the Council
The President

5

ANNEX

Proposal for

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

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

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

THE COMMITTEE,

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

Whereas:

(1)

(2)

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

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

the  Community  and  Swiss 

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

(4)

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

HAS ADOPTED THIS DECISION:

Article 1

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

The  following  is  inserted  at  the  end  of  part  “B.  Special  rules  and  procedures  for
implementation” of Chapter “I. Bovine animals and swine” of Appendix 2 to Annex 11 to the

Article 2

6

Agreement  between  the  European  Community  and  the  Swiss  Confederation  on  trade  in
agricultural products:

“12.

For the purposes of applying this Annex, bovine animals traded between the Member
States of the Community and Switzerland must be accompanied by additional health
certificates containing the following health declarations:

– 

“The bovine animals:

– 

– 

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

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

– 

were born after 1 June 2001.”’

Article 3

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

“c)

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

7

Article 4

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

“c)

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

Article 5

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

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.

Article 6

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

8

ANNEX I

“VII. BOVINE SPONGIFORM ENCEPHALOPATHY

A. LEGISLATION

Community

Switzerland

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

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

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

as 

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

(inspection 

24 

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

Commission 

(EC)  No  999/2001  of 

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

(EC)  No  999/2001  of 

Regulation 

1. 

2. 

3. 

4. 

5. 

9

6. 

7. 

8. 

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

as 

(obligation 

(Patent),  61 

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

of 

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

feedingstuffs 

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1.

2.

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

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

10

3.

4.

5.

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

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

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

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

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

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

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

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

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

6.

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

11

7.

1.

2.

3.

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

C. COMPLEMENTARY INFORMATION

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

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

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

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

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

12

VIII. 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 
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)

laying  down 

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 
implementing
provisions,  international  cooperation)
thereof.

(technical 

57 

(OFE),  as 

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

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1.

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.

13

3.

4.

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

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.

14

IX. NOTIFICATION OF DISEASES

A. LEGISLATION

Community

Switzerland

82/894/EEC 

Council  Directive 
of
21 December  1982  on  the  notification  of
animal diseases within the Community  (OJ
L 378, 31.12.1982, p. 58),  as last amended
by  Commission  Decision  2002/788/EC  of
10  October  2002  amending  Council
Directive 82/894/EEC on the notification of
animal diseases within the Community  (OJ
L 274, 11.10.2002, p. 33).

1. Law  of  1  July  1966  on  epizootic
diseases  (LFE),  as  last  amended  on
15 December 2000 (RS 916.40), and in
particular  Articles  11  (reporting  and
declaration  of  diseases) 
and  57
implementing  provisions,
(technical 
international cooperation) thereof.

(OFE),  as 

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

299 

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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

15

ANNEX II

“APPENDIX 6

ANIMAL PRODUCTS

CHAPTER 1

Sectors where recognition of equivalence is mutual

16

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

Swiss standards

Equivalence

Exports from Switzerland to the Community

Trade conditions

Swiss standards

EC standards

Equivalence

Animal health
— bovine animals

EC standards

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

Ordinance  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.

Public health

92/46/EEC
92/118/EEC

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

Yes

Yes

Ordinance  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

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

92/46/EEC
92/118/EEC

Yes

Yes

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

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

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

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

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

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

Ordinance 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)

Ordinance 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)

17

Exports from the Community to Switzerland

Exports from Switzerland to the Community

Products: Animal waste

Trade conditions

EC standards

of 

(EC)
Regulation 
the
No 1774/2002 
European  Parliament  and  of
the  Council  of  3  October
2002 
laying  down  health
rules  concerning  animal  by-
intended  for
products  not 
human  consumption  (OJ  L
273, 10.10.2002, p. 1), as last
amended  by  Commission
Regulation 
(EC)
No 808/2003 of 12 May 2003
amending  Regulation  (EC)
No 
the
European  Parliament  and  of
laying  down
the  Council 
concerning
health 
rules 
not
animal 
by-products 
for 
intended 
human
consumption 
(OJ  L  117,
13.5.2003, p. 1)

1774/2002 

of 

2002 

Swiss standards
Ordinance  of  3  February
1993  on  the  elimination  of
animal  waste  (OELDA),  as
on
last 
amended 
20 November 
(RS
916.441.22)
Ordinance  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  77  (approval  of  export
establishments, conditions for
the  exporting  of 
animal
waste) thereof
For 
this
the  purposes  of 
Appendix  and  in  the  light  of
the  Swiss  authorities
…, 
undertake 
their
to  amend 
legislation  with  a  view  to
adopting 
equivalent
legislation for trade purposes.
The  Swiss  authorities  have
drawn  up  and  submitted  a
for
ordinance 
draft 
consultation. 
draft
This 
provides for a detailed review
of
of 
the  Ordinance 
the
3 February  1993  on 
elimination of animal waste.

Equivalence

Yes

Special
requirements

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

Trade conditions

EC standards

of 

(EC)
Regulation 
the
No 1774/2002 
European  Parliament  and  of
the  Council  of  3  October
2002 
laying  down  health
rules  concerning  animal  by-
intended  for
products  not 
human  consumption  (OJ  L
273, 10.10.2002, p. 1), as last
amended  by  Commission
Regulation 
(EC)
No 808/2003 of 12 May 2003
amending  Regulation  (EC)
No 
the
European  Parliament  and  of
laying  down
the  Council 
concerning
health 
rules 
not
animal 
by-products 
for 
intended 
human
consumption 
(OJ  L  117,
13.5.2003, p. 1)

1774/2002 

of 

2002 

Swiss standards
Ordinance  of  3  February
1993  on  the  elimination  of
animal  waste  (OELDA),  as
on
last 
amended 
20 November 
(RS
916.441.22)
Ordinance  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  77  (approval  of  export
establishments, conditions for
the  exporting  of 
animal
waste) thereof
For 
this
the  purposes  of 
Appendix  and  in  the  light  of
the  Swiss  authorities
…, 
undertake 
their
to  amend 
legislation  with  a  view  to
adopting 
equivalent
legislation for trade purposes.
The  Swiss  authorities  have
drawn  up  and  submitted  a
for
ordinance 
draft 
consultation. 
draft
This 
provides for a detailed review
of
of 
the  Ordinance 
the
3 February  1993  on 
elimination of animal waste.

Equivalence

Yes

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

18

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.”

19