Proposal for a Council Decision on the position to be adopted by the Community on Decision No 1/2005 of the Joint Veterinary Committee set up under the agreement between the European Community and the Swiss Confederation on trade in agricultural products amending Appendix 6 to Annex 11
Date: 2005-09-28
Institutions: European Commission
Subjects: Switzerland, agreement (EU), agricultural trade, health certificate, human nutrition, milk, milk product, veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.9.2005 
COM(2005) 452 final 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the Community on Decision No 1/2005 of the Joint 
Veterinary Committee set up under the agreement between the European Community 
and the Swiss Confederation on trade in agricultural products amending Appendix 6 to 
Annex 11 

(presented by the Commission) 

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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. 

Appendix  6,  Chapter  1,  to  Annex  11  to  the  Agriculture  Agreement  mutually  recognises 
equivalence  in  the  sector  for  milk  and  products  of  milk  of  the  bovine  species  intended  for 
human  consumption  under  Article  14(1)  of  Annex  11  to  the  Agriculture  Agreement  and  on 
the basis of Council Directive 92/46/EEC of 16 June 1992. 

Directive 2004/41/EC repeals, with effect from 1 January 2006, Council Directive 92/46/EEC 
of 16 June 1992 laying down the health rules for the production and placing on the market of 
raw milk, heat-treated milk and milk-based products. 

The Swiss Confederation has undertaken to include in its national legislation the provisions of 
Regulations  (EC)  Nos 852/2004,  853/2004,  854/2004  and  882/2004,  known  as  the  “paquet 
hygiène”, which replace in particular the provisions of Directive 92/46/EEC. 

The  Community  and  Swiss  legislative  references  in  Appendix  6  to  Annex  11  to  the 
Agriculture  Agreement  should  be  updated.  It  has  been  decided  to  take  account  of  the 
legislation in force at 1 January 2006. 

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. 

The  Community  must  adopt  the  position  it  is  to  take  in  the  Joint  Veterinary  Committee 
regarding  these  necessary  amendments  in  Appendix  6  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. 

* * * 

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Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the Community on Decision No 1/2005 of the Joint 
Veterinary Committee set up under the agreement between the European Community 
and the Swiss Confederation on trade in agricultural products amending Appendix 6 to 
Annex 11 

THE COUNCIL OF THE EUROPEAN UNION, 

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

in  conjunction  with 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article  5(2)  of  Decision  2002/309/EC,  Euratom,  of  the  Council  and  of  the 
Commission  as regards  the  Agreement on Scientific and Technological Cooperation, 
of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation 
provides that  the  position to  be taken by the Community 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 referred to as “the 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. 

Appendix  6,  Chapter  1,  to  Annex  11  to  the  Agriculture  Agreement  mutually 
recognises equivalence in the milk and products of milk of bovine species intended for 
human  consumption  sector  in  accordance  with  Article  14(1)  of  Annex  11  to  the 
Agriculture  Agreement  and  on  the  basis  of  Council  Directive  92/46/EEC  of 
16 June 1992.  

1 

OJ C […], […], p. […]. 

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(5) 

In addition, since there have been changes in the Community and Swiss legislation on 
animal-health  measures  applied  to  animal  products  between  the  last  amendment  to 
Annex  11  to  the  Agriculture  Agreement  and  1  January  2006,  Appendix  6  to  that 
Annex should be amended accordingly. 

(6) 

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

HAS DECIDED AS FOLLOWS: 

Article 1 

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

Article 2 

Decision No 1/2005 of the Joint Veterinary Committee on the amendment to Appendix 6 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 

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ANNEX 

Proposal for 

DECISION No 1/2005 OF THE JOINT VETERINARY COMMITTEE SET UP 
UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND 
THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS 

of 

on the amendment to Appendix 6 to Annex 11 to the Agreement 

(…/.../EC) 

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) 

(3) 

(4) 

2 
3 
4 
5 
6 
7 

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

Appendices  1,  2,  3,  4,  5,  6  and  11  of  Annex  11  to  the  Agriculture  Agreement  were 
amended for the first time by 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  of  25  November  2003  regarding  the 
amendment of Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement2.  

Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agriculture Agreement were last 
amended by Decision No 2/2004 of the Joint Veterinary Committee set up under the 
Agreement  between  the  European  Community and the Swiss Confederation on trade 
in  agricultural  products  of  9  December  2004  regarding  the  amendment  of 
Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement3. 

The  Swiss  Confederation  has  given  an  undertaking  to  incorporate  in  its  national 
legislation  the  provisions  of  Regulations  (EC)  Nos  852/20044,  853/20045,  854/20046 
and 882/20047. 

OJ L 23, 28.1.2004, p. 27. 
OJ L 17, 20.1.2005, p. 1. 
OJ L 139, 30.4.2004, p. 1. 
OJ L 139, 30.4.2004, p. 55. 
OJ L 139, 30.4.2004, p. 206. 
OJ L 165, 30.4.2004, p. 1. 

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(5) 

(6) 

The  animal-health  measures  provided  for  under  Swiss  law  are  recognised  as 
equivalent  for  trade  purposes  for  milk  and  products  of  milk  of  the  bovine  species 
intended for human consumption. 

Appendix 6 to Annex 11 to the Agriculture Agreement, together with its effects on the 
checks,  will  be  reviewed  by  the  Joint  Veterinary  Committee  not  later  than  one  year 
following the entry into force of this Decision in order to examine equivalence for all 
livestock  products  intended  for  human  consumption  other  than  milk  and  products  of 
milk of the bovine species intended for human consumption and to that Annex. 

(7) 

Appendix 6 to Annex 11 to the Agreement should be amended to take account of the 
changes in Community and Swiss legislation in force on 1 January 2006, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The first table (Products: Milk and products of milk of the bovine species intended for human 
consumption)  in  Chapter  1  of  Appendix  6  to  Annex  11  to  the  Agreement  between  the 
European Community and the Swiss Confederation relating to trade in agricultural products is 
hereby replaced by the table shown in the Annex to this Decision. 

Article 2 

The  equivalence  of  animal-health  measures  provided  for  under  Swiss  law  for  all  livestock 
products intended for human consumption other than milk and products of milk of the bovine 
species shall be examined in the Joint Veterinary Committee with a view to being recognised 
for trade purposes not later than one year following the entry into force of 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 3 

This Decision shall be published in the Official Journal of the European Union. 

Article 4 

It shall take effect on 1 January 2006. 

Signed at Brussels, 20 December 2005. 

Head of Delegation 
of the Swiss Confederation, 

Head of Delegation 
of the European Community 

For the Joint Veterinary Committee 

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ANNEX 

„Animal products for human consumption 

Exports from the European Community to Switzerland and Exports from Switzerland to the European Community 

EC standards 

Swiss standards 

Trade conditions 

Equivalence

Special requirements 

Regulations 
(EC) 

No 852/2004 

No 853/2004 

No 854/2004 

No 882/2004 

Federal Law of 9 October 1992 on foodstuffs and consumer products (Law on foodstuffs), 
last amended on 18 June 2004 (RS 817.0) 

Order  of  27  May  1981  on  the  protection  of  animals,  as  last  amended  on  27  June  2001 
(RS 455.1) 

Order  of  1  March  1995  on  the  setting  up  bodies  responsible  for  checking  meat  hygiene 
(OFHV) (RS 817.191.54) 

Order  27  June  1995  on  epizootic  diseases  (OFE),  as  last  amended  on  18  August  2004 
(RS 916.401) 

Order of 23 November 2005 on primary production (RS 916.020) 

Order  of  23  November  2005  on  the  slaughter  of  livestock  and  the  checking  of  meat 
(OAbCV) (RS 817.190) 

Order  of  23  November  2005  on  foodstuffs  and  consumer  products  (ODAlOUs) 
(RS 817.02) 

DFI  Order  of  23  November  2005  on  the  implementation  of  foodstuffs  legislation 
(RS 817.025.21) 

DFE Order of 23 November 2005 on hygiene in primary production (RS 916.020.1) 

DFI Order of 23 November 2005 on hygiene (RS 817.024.1) 

DFE  Order  of  23  November  2005  on  hygiene  on  the  slaughter  of  livestock  (OHyAb) 
(RS 817.190.1) 
DFI Order of 23 November 2005 on foodstuffs of animal origin (RS 817.022.108) 

Under  this  Appendix,  in  the  light  of  the  development  of 
Community legislation in this field (implementing instruments) 
and  of  Community  legislation  on  the  control  of  imports  from 
third  countries,  the  Swiss  authorities  undertake  to  amend  their 
legislation  in  order  to  adopt  equivalent  trade  legislation.  The 
Swiss authorities have drawn up and submitted draft ordinances 
for consultation. 

The  provisions  of  this  Appendix  will  be  reviewed  by  the  Joint 
Veterinary  Committee  not  later  than  one  year  following  the 
entry  into  force  of  this  amendment  in  order  to  examine  the 
equivalence  of  all  animal  products 
intended  for  human 
consumption other than milk and products of milk of the bovine 
species, in accordance with Chapter III of this Appendix. 

Until  the  corresponding  amendment  of  this  Appendix  has  been 
made, all animal products other than milk products and products 
of  milk  of  the  bovine  species  and  animal  by-products  not 
intended  for  human  consumption,  including  milk  and  products 
of  milk  of  the  bovine  species  not  intended  for  human 
consumption  will  continue  to  come  within  Chapter  II  of  this 
Appendix. 

yes 

with special 
conditions 

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Milk and products of milk of the bovine species 

Animal health 

− Bovine 
animals 

Public health 

− Bovine 
animals 

Directive 
64/432/EEC 

Order of 27 June 1995 on epizootic diseases (OFE), as last amended on 23 June 2004 
(RS 916,401), and in particular Articles 47, 61, 65, 101, 155, 163, 169, 173, 177, 224 and 
295 thereof. 

Regulations 
(EC)  

No 852/2004 

No 853/2004 

No 854/2004 

No 882/2004 

Order  of  23  November  2005  on  foodstuffs  and  consumer  products  (ODAlOUs) 
(RS 817.02) 

Order of 23.11.05 on ensuring quality in the dairy sector (Ordinance on milk quality, OQL) 
(RS 916.351.0) 

DFI Order of 23 November 2005 on foodstuffs of animal origin (RS 817.022.108) 

DFI Order of 23 November 2005 on hygiene (RS 817.024.1) 

DFE  Order  of  23  November  2005  on  hygiene  in  primary  production  (OHyPL) 
(RS 916.351.021.1) 

yes 

yes 

Milk  and  products  of  milk  of  the  bovine  species  intended  for 
human consumption which are the subject of trade between EU 
Member  States  and  Switzerland  will  move  on  the  same 
conditions  only  as  milk  and  products  of  milk  of  the  bovine 
species  intended  for  human  consumption  which  are  the  subject 
of trade between EU Member States.  

The requirementes of Swiss legislation concerning the processes 
and  heat  treatment  used  for  milk  and  milk  products,  and  their 
implications  regarding  labelling,  do  not  apply  to  products 
manufactured  and/or  traded  lawfully  in  a  European  Union 
Member  State  or  lawfully  manufactured  in a  State  signatory  to 
the  European  Free  Trade  Association  (EFTA.),  which  is  a 
contracting  party  to  the  Agreement  on  the  European  Economic 
Area (E.E.A.). 

Switzerland will draw up a list of its establishments approved in 
accordance  with  Article 
of 
31 
establishments) of Regulation (EC) no 882/2004.  

(registration/approval 

” 

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