Proposal for a Council Decision on the Community position on the amendment of Appendix 5 to Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
Date: 2004-02-23
Institutions: European Commission
Subjects: Switzerland, agreement (EU), agricultural trade, animal production, border control, cattle, health certificate, joint committee (EU), veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.2.2004 
COM(2004) 125 final 

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

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

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

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

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

The  Community  must  adopt  the  position  it  is  to  take  in  the  Joint  Veterinary  Committee 
regarding  the  adoption  of  the  amendments  to  Appendix  5  to  Annex  11  needed  to  adopt  a 
model certificate for animals sent for grazing in border areas. Under the first subparagraph of 
Article 5(2) of Decision 2002/309/EC, Euratom, the Community's position is to be adopted by 
the Council on a proposal from the Commission. 

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

*** 

2 

 
 
  
 
Proposal for a 

COUNCIL DECISION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

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

in  conjunction  with 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  first  subparagraph  of  Article  5(2)  of  Decision  2002/309/EC,  Euratom,  of  the 
Council  and  of  the  Commission  as  regards  the  Agreement  on  Scientific  and 
Technological  Cooperation,  of  4  April  2002  on  the  conclusion  of  seven  Agreements 
with the Swiss Confederation2, the Community's position within the Joint Veterinary 
Committee is to be adopted by the Council on a proposal from the Commission. 

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. 

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

(5) 

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

1 
2 

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

3 

 
 
  
 
                                                 
HAS DECIDED AS FOLLOWS: 

Article 1 

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

Article 2 

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

Done at Brussels, 

For the Council 
The President 

4 

 
 
  
 
 
 
ANNEX 

Proposal for 

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

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

THE COMMITTEE, 

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

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

Whereas: 

(1) 

(2) 

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

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

HAS DECIDED AS FOLLOWS: 

Article 1 

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

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 2 

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

Done at Bern, 

Done at Brussels, 

On behalf of the Swiss Confederation 
The head of delegation 

On behalf of the European Commission 
The head of delegation 

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ANNEX I 

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

1. 

Definitions: 

– 

– 

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

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

2. 

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

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

– 

– 

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

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

SWITZERLAND 
CANTON OF ZÜRICH 
CANTON OF BERN/BERNE 
CANTON OF LUZERN 
CANTON OF URI 
CANTON OF SCHWYZ 
CANTON OF OBWALDEN 
CANTON OF NIDWALDEN 
CANTON OF GLARUS 
CANTON OF ZUG 
CANTON OF FREIBURG/FRIBOURG 
CANTON OF SOLOTHURN 
CANTON OF BASEL STADT 
CANTON OF BASEL LAND 
CANTON OF SCHAFFHAUSEN 
CANTON OF APPENZELL AUSSERRHODEN 
CANTON OF APPENZELL INNERRHODEN 
CANTON OF SANKT GALLEN 
CANTON OF GRAUBUNDEN 
CANTON OF AARGAU 
CANTON OF THURGAU 
CANTON OF TICINO 
CANTON OF VAUD 
CANTON OF VALAIS/WALLIS 
CANTON OF NEUCHÂTEL 
CANTON OF GENEVA 
CANTON OF JURA 

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

3. 

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

(a) 

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

(b) 

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

(c) 

issue a certificate in accordance with the model in point 11. 

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. 

The holder of the animals must: 

(a) 

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

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

(c) 

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

4. 

5. 

6. 

7. 

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

(a) 

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

(b) 

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

(c) 

issue a certificate in accordance with the model in point 12. 

7 

 
 
  
 
 
8. 

9. 

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

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

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

(a) 

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

(b) 

(c) 

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

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

(d)  points 2 and 3 above shall apply only to the first time each calendar year that the 

animals are dispatched to a Member State or to Switzerland; 

(e) 

point 7 shall not apply; 

(f) 

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

10. 

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

11. 

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

8 

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

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

.............................................................................................. 

Certificate No2 

Region of origin: .................................................................. 

Name and address of consignor: ..................................................................................................  

......................................................................................................................................................  

Name and address of holding of origin: .......................................................................................  

......................................................................................................................................................  

......................................................................................................................................................  

Animal health information 

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

1. 

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

2. 

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

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

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

3. 

are animals to be reared1 or for production1 which: 

– 

– 

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

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

9 

 
 
  
 
Description of the consignment 

Departure date: .............................................................................................................................  
Total number of animals: .............................................................................................................  

Identification of the animal(s): 

Number 

Official identification (ear tag) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

.................................................................................................................................................  

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

10 

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

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

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

......................................................................................................................................................  

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

Grazing ground: .............................................................................................................  

Registration code of grazing ground:.............................................................................  

County/Province: ...........................................................................................................  

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

Date of arrival at the pasture ground:.............................................................................  

Planned date of departure from pasture ground: ............................................................  

After the statutory inspection, I hereby certify that: 

1. 

2. 

3. 

4. 

5. 

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

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

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

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

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

11 

 
 
  
 
Certification2 

Official stamp 

Place 

Date 

Signature2 

Name and qualification (in block letters):..................................................................................  

....................................................................................................................................................  

Address of the veterinarian signing the certificate:....................................................................  

....................................................................................................................................................  

Additional information 

1. 

2. 

3. 

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

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

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

____________________________ 
1 
2 

Delete where not applicable. 
To  be  completed  by  the  official  veterinarian  of  the  Member  State  of  origin  or,  for  Switzerland,  by  the 
veterinarian responsible for export checks. 
This  statement  does  not  exempt  transporters  from  their  obligations  in  accordance  with  Community 
provisions in force in particular regarding the fitness of animals to be transported. 
For  Switzerland,  in  accordance  with  RO  2002  2147  and  the  Agreement  of  21  June  1999  between  the 
European Community and Switzerland. ". 

3 

4 

12 

 
 
  
 
 
 
 
 
12. 

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

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

Certificate No1 

Reference certificate 
No2 

A) Description of the consignment 

Departure date: .............................................................................................................................  

List of animals returning early3 

of 

List of animals mentioned on the reference health certificate3, 4 

Total number of animals ..............................................................................................................  

Identification of the animal(s) 

Number 

Official identification (ear tag) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

13 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

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

B) Destination of animals 

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

Name: .............................................................................................................................  

Street: .............................................................................................................................  

County/Province: ...........................................................................................................  

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

C) Means of Transport : 

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

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

D) Animal health information 

I, the undersigned official veterinarian hereby certify that 

1. 

2. 

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

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

14 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
Certification5 

Official stamp 

Place 

Date 

Signature 

Name and qualification (in block letters):..................................................................................  

Additional information 

1. 

2. 

3. 

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

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

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

____________________________ 
1 
2 
3 
4 

Issued by the competent authority. 
Number of the health certificate used to bring the animals to the grazing ground. 
Delete if not applicable. 
If  animals  are  returned  to  their  holding  of  origin  during  the  grazing  period  for  health  reasons, 
accompanied  by  a  health  certificate,  the  animals  concerned  must  be  deleted  from  the  initial  list,  which 
must be validated by the official veterinarian. 
To be completed by the official veterinarian. " 

5 

15