Decision No 1/2006 of the Joint Veterinary Committee created by an Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 1 December 2006 amending Appendices 1, 2, 3, 4, 5, 6 and 10 to Annex 11 of the Agreement
Date: 2006-12-01
Institutions: Joint Committee
Subjects: European Community, Switzerland, agreement (EU), agricultural trade, disease prevention, veterinary inspection, veterinary legislation

6.2.2007

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Official Journal of the European Union

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DECISION No 1/2006 OF THE JOINT VETERINARY COMMITTEE CREATED BY AN AGREEMENT
BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN
AGRICULTURAL PRODUCTS

of 1 December 2006

amending Appendices 1, 2, 3, 4, 5, 6 and 10 to Annex 11 of the Agreement

(2007/61/EC)

THE COMMITTEE,

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

(hereinafter

Whereas:

(1)

The Agriculture Agreement entered into force on 1 June
2002.

(2) 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) authorises
the Joint Veterinary
Committee to decide to amend the appendices to Annex
in particular with a view to their adaptation and
11,
updating.

(3) Appendices 1, 2, 3, 4, 5, 6 and 11 to 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 Commu-
nity 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
Agreement (1).

(4) Appendices 1, 2, 3, 4, 5 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 Agreement (2).

(5) Appendix 6 to Annex 11 to the Agricultural Agreement
was amended by Decision No 1/2005 of
the Joint
Veterinary Committee set up by the Agreement between
the European Community and the Swiss Confederation on
trade in agricultural products of 21 December 2005
regarding the amendment of Appendix 6 to Annex 11 to
the Agreement (3).

(1) OJ L 23, 28.1.2004, p. 27.
(2) OJ L 17, 20.1.2005, p. 1.
(3) OJ L 347, 30.12.2005, p. 93.

(6)

(7)

(8)

The Swiss Confederation has undertaken to incorporate in
its national legislation the provisions of Directive 2003/99/
EC of the European Parliament and of the Council of 17
November 2003 on the monitoring of zoonoses and
zoonotic agents, amending Council Decision 90/424/EEC
and repealing Council Directive 92/117/EEC (4), Regulation
(EC) No 2160/2003 of the European Parliament and of the
Council of 17 November 2003 on the control of
specified food-borne zoonotic
salmonella
agents (5) and Commission Regulation (EC) No 1003/
2005 of 30 June 2005 implementing Regulation (EC) No
2160/2003 of the European Parliament and of the Council
as regards a Community target for the reduction of the
prevalence of certain salmonella serotypes in breeding
flocks of Gallus gallus and amending Regulation (EC) No
2160/2003 (6).

and other

The Swiss Confederation has undertaken to incorporate in
its national legislation the provisions of Council Directive
97/78/EC of 18 December 1997 laying down the principles
governing the organisation of veterinary checks on
products entering the Community from third countries (7).

The Swiss Confederation has undertaken to incorporate in
its national
legislation the provisions of Commission
Regulation (EC) No 2073/2005 of 15 November 2005
on microbiological criteria for foodstuffs (8), the provisions
of Commission Regulation (EC) No 2074/2005 of 5
December 2005 laying down implementing measures for
certain products under Regulation (EC) No 853/2004 of
the European Parliament and of the Council and for the
organisation of official controls under Regulation (EC) No
854/2004 of the European Parliament and of the Council
the European
and Regulation (EC) No 882/2004 of
Parliament and of the Council, derogating from Regulation
(EC) No 852/2004 of the European Parliament and of the
Council and amending Regulations (EC) No 853/2004 and
(EC) No 854/2004 (9), and the provisions of Commission
Regulation (EC) No 2075/2005 of 5 December 2005 laying
down specific rules on official controls for Trichinella in
meat (10).

(9) Appendix 1 to Annex 11 to the Agriculture Agreement
should be amended to take into account the Community

(4) OJ L 325, 12.12.2003, p. 31.
(5) OJ L 325, 12.12.2003, p. 1.
(6) OJ L 170, 1.7.2005, p. 12.
(7) OJ L 24, 30.1.1998, p. 9.
(8) OJ L 338, 22.12.2005, p. 1.
(9) OJ L 338, 22.12.2005, p. 27.
(10) OJ L 338, 22.12.2005, p. 60.

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legislation on zoonoses and the specific
and Swiss
arrangements applying to trade between the European
Community and the Swiss Confederation.

(10) Appendices 1, 2, 3, 4, 5 and 10 to Annex 11 to the
Agriculture Agreement should be amended to take account
of changes in the Community and Swiss legislation in force
on 1 July 2006.

(11) The public health measures provided for under Swiss law
are recognised as equivalent to the analogous Community
measures for commercial ends with respect
to animal
products intended for human consumption. Appendix 6 to
Annex 11 to the Agreement should therefore be amended.

(12) The provisions of Appendices 5 and 10 to Annex 11 to the
Agriculture Agreement will be re-examined by the Joint
Veterinary Committee no later than one year after this
Decision enters into force,

HAS DECIDED AS FOLLOWS:

Article 1

Appendices 1, 2, 3, 4, 6 and 10 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 Appendices in the Annex to this Decision.

Article 2

Appendix 5 to Annex 11, Chapter 3, point V, paragraph A is
hereby amended as follows:

‘A.
For the inspections of live animals from countries
other than those listed in this Annex, the Swiss authorities
undertake to charge at
the fees for official
inspections provided for in Chapter VI of Regulation (EC)
No 882/2004 at the minimum rates laid down in Annex V
thereto.’.

the least

Article 3

This Decision, drawn up in duplicate, shall be signed by the joint
chairmen or other persons empowered to act on behalf of the
parties.

Article 4

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

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

Signed at Bern, on 1 December 2006.

Signed at Brussels, on 1 December 2006.

On behalf of the Swiss Confederation
The Head of the Delegation
Hans WYSS

On behalf of the European Community
The Head of the Delegation
Paul VAN GELDORP

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ANNEX

‘Appendix 1

CONTROL MEASURES/NOTIFICATION OF DISEASES

I.

Foot and mouth disease

A.

LEGISLATION

European Community

Switzerland

1.

1.

2.

3.

Council Directive 2003/85/EC of 29 September 2003
on Community measures for the control of foot-and-
mouth disease, repealing Directive 85/511/EEC and
Decisions 84/531/EEC and 91/665/EEC and amending
Directive 92/46/EEC (OJ L 306, 22.11.2003, p. 1),
amended by Commission Decision 2005/615/EC of
to Council
16 August 2005 amending Annex XI
Directive 2003/85/EC with regard to national labora-
tories in certain Member States.

1.

2.

3.

Law on epizootic diseases (LFE) of 1 July 1966, as last
amended on 23 June 2004 (RS 916.40), and in
particular Articles 1, 1a and 9a (measures against
highly contagious epizootic diseases, control objec-
tives) and 57 (technical
implementing provisions,
international cooperation) thereof.
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005,
(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 99 to 103 (specific measures to combat
foot-and-mouth disease) thereof.
Ordonnance of 14 June 1999 on the organisation of
the Département fédéral de l'économie (Federal Depart-
last amended on
ment of Economic Affairs), as
10 March 2006 (RS 172.216.1), and in particular
Article 8 thereof
(reference laboratory, registration,
control and provision of vaccine against foot-and-
mouth disease).

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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. In any case, 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, published on the website of the Office vétérinaire fédéral.

The joint reference laboratory for identifying the foot-and-mouth virus shall be the Institute for Animal Health
Pirbright Laboratory, England. 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 XVI to Directive 2003/85/EC.

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II.

Classical swine fever

A.

LEGISLATION

European Community

Switzerland

Council Directive 2001/89/EC of 23 October 2001 on
Community measures for the control of swine fever (OJ
L 316, 1.12.2001, p. 5), as last amended by the Act
concerning the conditions of accession of
the Czech
Republic, the Republic of Estonia, the Republic of Cyprus,
the Republic of Latvia,
the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic
and the adjustments to the Treaties on which the European
Union is founded — Annex II: List referred to in Article 20
of the Act of Accession — 6. Agriculture — B. Veterinary
and phytosanitary legislation — I. Veterinary legislation (OJ
L 236, 23.9.2003, p. 381).

the Republic of Lithuania,

1.

2.

3.

4.

Law on epizootic diseases (LFE) of 1 July 1966, as last
amended on 23 June 2004 (RS 916.40), and in
particular Articles 1, 1a and 9a (measures against
highly contagious epizootic diseases, control objec-
implementing provisions,
tives) and 57 (technical
international cooperation) thereof.
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005,
(RS 916.401), and in particular Articles 2 (highly
contagious epizootic diseases), 40 to 47 (disposal and
use of waste), 49 (handling micro-organisms that are
pathogenic for animals), 73 and 74 (cleaning and
disinfection), 77 to 98 (common provisions concern-
ing highly contagious epizootic diseases) and 116 to
121 (detection of swine fever at slaughter, specific
measures to combat swine fever) thereof.
Ordonnance of 14 June 1999 on the organisation of
the Département fédéral de l'économie, as last amended
on 10 March 2006 (RS 172.216.1), and in particular
Article 8 thereof (reference laboratory).
Ordonnance of 23 June 2004 on the elimination of
animal waste (OESPA), last amended on 22 June 2005
(RS 916.441.22).

1.

2.

3.

4.

5.

6.

7.

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

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, published on the website of the Office Vétérinaire Fédéral.

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 on pigs in protection and surveillance zones in accordance
with Chapter IV of the Annex to Decision 2002/106/EC (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, 15 Bünteweg 17, D-30559, Hanover, 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.

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III.

African swine fever

A.

LEGISLATION

European Community

Switzerland

Council Directive 2002/60/EC of 27 June 2002 laying
down specific provisions for the control of African swine
regards
fever and amending Directive 92/119/EEC as
Teschen disease and African swine fever
(OJ L 192,
20.7.2002, p. 27), as last amended by the Act concerning
the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of
Latvia, the Republic of Lithuania, the Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic
of Slovenia and the Slovak Republic and the adjustments to
the Treaties on which the European Union is founded —
Annex II: List referred to in Article 20 of
the Act of
Accession — 6. Agriculture — B. Veterinary and phytosa-
nitary legislation — I. Veterinary legislation (OJ L 236,
23.9.2003, p. 381).

1.

2.

3.

4.

Law on epizootic diseases (LFE) of 1 July 1966, as last
amended on 23 June 2004 (RS 916.40), and in
particular Articles 1, 1a and 9a (measures against
highly contagious epizootic diseases, control objec-
tives) and 57 (technical
implementing provisions,
international cooperation) thereof.
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005,
(RS 916.401), and in particular Articles 2 (highly
contagious epizootic diseases), 40 to 47 (disposal and
use of waste), 49 (handling micro-organisms that are
pathogenic for animals), 73 and 74 (cleaning and
disinfection), 77 to 98 (common provisions concern-
ing highly contagious epizootic diseases) and 116 to
121 (detection of swine fever at slaughter, specific
measures to combat swine fever) thereof.
Ordonnance of 14 June 1999 on the organisation of
the Département fédéral de l'économie, as last amended
on 10 March 2006 (RS 172.216.1), and in particular
Article 8 thereof (reference laboratory).
Ordonnance of 23 June 2004 on the elimination of
animal waste (OESPA), as last amended on 22 June
2005 (RS 916.441.22).

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

The Community reference laboratory for African swine fever shall be the Centro de Investigación en Sanidad Animal,
28130 Valdeolmos, 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 V to
Directive 2002/60/EC.

Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an emergency warning
plan, published on the website of the Office Vétérinaire Fédéral.

If necessary, pursuant to Article 89(2) of the Ordonnance on epizootic diseases, the Office Vétérinaire Fédéral shall lay
down technical
implementing rules in accordance with the provisions of Decision 2003/422/EC (OJ L 143,
11.6.2003, p. 35) concerning the diagnosis of African swine fever.

On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance
in particular with Article 20 of Directive 2002/60/EC and Article 57 of the Law on epizootic diseases.

1.

2.

3.

4.

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IV.

African horse sickness

A.

LEGISLATION

European 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
Council Regulation (EC) No 806/2003 of 14 April 2003
adapting to Decision 1999/468/EC the provisions relating
to committees which assist the Commission in the exercise
of its implementing powers laid down in Council instru-
ments adopted in accordance with the
consultation
procedure (qualified majority) (OJ L 122, 16.5.2003, p. 1).

1.

2.

3.

Law on epizootic diseases (LFE) of 1 July 1966, as last
amended on 23 June 2004 (RS 916.40), and in
particular Articles 1, 1a and 9a (measures against
highly contagious epizootic diseases, control objec-
tives) and 57 (technical
implementing provisions,
international cooperation) thereof.
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(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.
Ordonnance of 14 June 1999 on the organisation of
the Département fédéral de l'économie, as last amended
on 10 March 2006 (RS 172.216.1), and in particular
Article 8 thereof (reference laboratory).

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. 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 implement the measures found necessary in
the light of that examination.

2.

3.

4.

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.

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, published
on the website of the Office Vétérinaire Fédéral.

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V.

Avian influenza

A.

LEGISLATION

European 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. 19), as last
amended by Council Regulation (EC) No 806/2003 of
14 April 2003 adapting to Decision 1999/468/EC the
provisions relating to committees which assist the
Commission in the exercise of
its implementing
powers laid down in Council instruments adopted in
accordance with the consultation procedure (qualified
majority) (OJ L 122, 16.5.2003, p. 1).
Council Directive 2005/94/EC of 20 December 2005
on Community measures for the control of avian
influenza and repealing Directive 92/40/EEC (OJ
L 10, 14.1.2006, p. 16).

1.

2.

3.

Law on epizootic diseases (LFE) of 1 July 1966, as last
amended on 23 June 2004 (RS 916.40), and in
particular Articles 1, 1a and 9a (measures against
highly contagious epizootic diseases, control objec-
tives) and 57 (technical
implementing provisions,
international cooperation) thereof.
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(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 concern-
ing avian influenza) thereof.
Ordonnance of 14 June 1999 on the organisation of
the Département fédéral de l'économie, as last amended
on 10 March 2006 (RS 172.216.1), and in particular
Article 8 thereof (reference laboratory).

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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 and point 2 of Annex VII to Directive 2005/94/EC.

Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an emergency warning
plan, published on the website of the Office Vétérinaire Fédéral.

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, Article 60 of Directive 2005/94/EC and Article 57 of the Law on
epizootic diseases.

1.

2.

1.

2.

3.

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VI.

Newcastle disease

A.

LEGISLATION

European 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 Council
Regulation (EC) No 806/2003 of 14 April 2003 adapting to
Decision 1999/468/EC the provisions relating to commit-
tees which assist the Commission in the exercise of its
implementing powers laid down in Council
instruments
adopted in accordance with the consultation procedure
(qualified majority) (OJ L 122, 16.5.2003, p. 1).

1.

2.

3.

4.

5.

Law on epizootic diseases (LFE) of 1 July 1966, as last
amended on 23 June 2004 (RS 916.40), and in
particular Articles 1, 1a and 9a (measures against
highly contagious epizootic diseases, control objec-
tives) and 57 (technical
implementing provisions,
international cooperation) thereof.
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 2 (highly
contagious epizootic diseases), 40 to 47 (disposal and
use of waste), 49 (handling micro-organisms that are
pathogenic for animals), 73 and 74 (cleaning and
disinfection), 77 to 98 (common provisions concern-
ing highly contagious epizootic diseases) and 122 to
125 (specific measures concerning Newcastle disease)
thereof.
Ordonnance of 14 June 1999 on the organisation of
the Département fédéral de l'économie, as last amended
on 10 March 2006 (RS 172.216.1), and in particular
Article 8 thereof (reference laboratory).
Instruction (technical directive) of the Office Vétérinaire
Fédéral of 20 June 1989 on combating paramyxo-
virosis in pigeons (Bulletin of the Office Vétérinaire
Fédéral No 90(13), p. 113 (vaccination, etc.)).
Ordonnance of 23 June 2004 on the elimination of
animal waste (OESPA), as last amended on 22 June
2005 (RS 916.441.22).

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, published on the website of the Office Vétérinaire Fédéral.

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.

1.

2.

3.

4.

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VII.

Diseases affecting fish and molluscs

A.

LEGISLATION

European Community

Switzerland

1.

2.

1.

2.

3.

4.

5.

6.

7.

8.

1.

2.

Law of 1 July 1966 on epizootic diseases (LFE), as last
amended on 23 June 2004 (RS 916.40), and in
particular Articles 1, 1a and 10 (measures against
epizootic diseases) and 57 (technical
implementing
provisions, international cooperation) thereof.
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(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
relating to fish diseases, diagnostic laboratory) thereof.

the Republic of Malta,

Council Directive 93/53/EEC of 24.06.1993 introdu-
cing minimum Community measures for the control
of certain fish diseases (OJ L 175, 19.7.1993, p. 23),
as last amended by the Act concerning the conditions
of accession of the Czech Republic, the Republic of
the Republic of
Estonia, the Republic of Cyprus,
Latvia, the Republic of Lithuania, the Republic of
Hungary,
the Republic of
Poland,
the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which
the European Union is founded — Annex II: List
referred to in Article 20 of the Act of Accession — 6.
Agriculture — B. Veterinary and phytosanitary
legislation — I. Veterinary legislation (OJ L 236,
23.9.2003, p. 381).
Council Directive 95/70/EC of 22 December 1995
introducing minimum Community measures for the
control of certain diseases affecting bivalve molluscs
(OJ L 332, 30.12.1995, p. 33), as last amended by
Council Regulation (EC) No 806/2003 of 14 April
2003 adapting to Decision 1999/468/EC the provi-
sions
the
relating to committees which assist
its implementing
Commission in the exercise of
powers laid down in Council instruments adopted in
accordance with the consultation procedure (qualified
majority) (OJ L 122, 16.5.2003, p. 1).

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 the
Ordonnance on epizootic diseases, infectious anaemia in salmon is now classified in Switzerland as a disease to be
eradicated.

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,
Hangoevej 2, 8200 Aarhus, 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.

Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an action plan, published
on the website of the Office Vétérinaire Fédéral.

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, Article 8 of Directive 95/70/EC and Article 57 of the Law on
epizootic diseases.

In cases as referred to in Article 5 of Directive 95/70/EEC, the information shall be submitted to the Joint Veterinary
Committee.

The Community reference laboratory for mollusc diseases shall be the Laboratoire IFREMER, BP 133, 17390 La
Tremblade, France. 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 B to Directive 95/70/EEC.

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VIII.

Transmissible spongiform encephalopathies

A.

LEGISLATION

European Community

Switzerland

Regulation (EC) No 999/2001 of the European Parliament
and of the Council of 22 May 2001 laying down rules for
the prevention, control and eradication of certain transmis-
sible spongiform encephalopathies (OJ L 147, 31.5.2001,
p. 1), as last amended by Commission Regulation (EC)
No 688/2006 of 4 May 2006 amending Annexes III and XI
to Regulation (EC) No 999/2001 of
the European
Parliament and of the Council as regards the monitoring
of transmissible spongiform encephalopathies and specified
risk material of bovine animals in Sweden (OJ L 120,
5.5.2006, p. 10).

1.

2.

3.

4.

5.

6.

7.

Ordonnance of 27 May 1981 on the protection of
animals (OPAn), as last amended on 12 April 2006
(RS 455.1), and in particular Article 64f
thereof
(stunning procedures).
Ordonnance of 20 April 1988 on the import, transit
and export of animals and animal products (OITE),
(RS 916.443.11).
Law of 9 October 1992 on foodstuffs and consumer
products (LDA1), as last amended on 16 December
2005 (RS 817.0), and in particular Articles 24
(inspection and sampling) and 40 (inspection of
foodstuffs) thereof.
DFI Ordonnance of 23 November 2005 on foodstuffs
of animal origin (RS 817.022.108), and in particular
Articles 4 and 7 thereof (parts of the carcass which
may not be used).
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 6 (definitions
and abbreviations), 36 (patents), 61 (obligation to
report), 130 (surveillance of Swiss livestock), 175 to
181 (transmissible spongiform encephalopathies),
implementation), 301 (duties of the
297 (internal
canton veterinarian), 303 (training and further
training of veterinary officials) and 312 (diagnostic
laboratories) thereof.
Ordonnance of 10 June 1999 on the catalogue of
feedingstuffs (OLAlA), as last amended on 23 Novem-
ber 2005 (RS 916.307.1), and in particular Article 28
thereof
feedingstuffs 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.
Ordonnance of 23 June 2004 on the elimination of
animal waste (OESPA), as last amended on 22 June
2005 (RS 916.441.22).

(transport of

1.

2.

3.

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

The Community reference laboratory for transmissible spongiform encephalopathies (TSEs) shall be the Veterinary
Laboratories Agency (VLA), New Haw, Weybridge, Surrey KT 15 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 Ordonnance on epizootic diseases, Switzerland has established an emergency plan for
implementing measures to combat TSEs.

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 sacrificed for laboratory
examination under official control.

In accordance with Articles 179b and 180a of the Ordonnance on epizootic diseases, Switzerland has banned the
slaughter of animals suspected of being infected by a transmissible spongiform encephalopathy. Suspect animals must
be killed without spilling blood and incinerated, and their brains must be analysed in the Swiss reference laboratory
for TSEs.

Under Article 10 of the Ordonnance on epizootic diseases, Switzerland has introduced a permanent identification
system for bovine animals 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 females or BSE confirmed bovine animals.

Under Article 179c of the Ordonnance on epizootic diseases, Switzerland slaughters animals infected with BSE and
the progeny of bovine animals infected with bovine spongiform encephalopathy born in the two years preceding
diagnosis. Since 1 July 1999, Switzerland has also implemented slaughter by cohort (it practised slaughter by herd
from 14 December 1996 until 30 June 1999).

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4.

Pursuant to Article 180b of the Ordonnance on epizootic diseases, Switzerland slaughters animals infected with
scrapie, their dams and the direct descendants of contaminated dams, as well as all the other sheep and goats in the
herd, with the exception of:

— sheep carrying at least one ARR allele and no VRQ allele; and

— animals of less than two months old which are intended solely for slaughter. The head and organs of the
abdominal cavity of these animals are disposed of in accordance with the provisions of the Ordonnance on the
elimination of animal by-products (OESPA).

By way of exception, in the case of breeds which are low in number, the herd does not have to be slaughtered. In this
case, the herd is placed under official veterinary surveillance for a period of two years during which a clinical
examination of the animals in the herd is carried out twice a year. If during this period animals are presented for
slaughter, their heads, including tonsils, are subjected to an analysis by the reference laboratory for TSEs.

These measures are reviewed according to the findings from animal health monitoring. In particular, the monitoring
period is extended if a new case of the disease is detected in the herd.

In the event of a confirmed case of BSE in a sheep or goat, Switzerland undertakes to apply the measures laid down in
Annex VII to Regulation (EC) No 999/2001.

5.

Under Article 7 of Regulation (EC) No 999/2001, the Member States of the Community 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 18 of the Ordonnance on the elimination of animal by-products (OESPA), Switzerland has introduced a
total prohibition on the feeding of animal protein to farmed animals, which entered into force on 1 January 2001.

6.

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 are to introduce an annual BSE monitoring programme. This plan includes 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 179 of the Ordonnance on epizootic diseases, Switzerland is to 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 are to implement a voluntary programme for monitoring bovine animals
more than 20 months old slaughtered for human consumption.

7.

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 are to introduce an annual BSE monitoring programme.

In application of the provisions of Article 177 of the Ordonnance on epizootic diseases, Switzerland has introduced a
TSE monitoring programme for ovine and caprine animals more than 12 months old. Animals which are subject to
emergency slaughter, have died on the farm or have been found to be ill during the ante mortem inspection and all
animals slaughtered for human consumption were examined over the period from June 2004 to July 2005. As all the
samples tested negative for BSE, samples for monitoring purposes are taken from clinical suspect animals, animals
subject to emergency slaughter and animals which died on the farm.

The recognition of similarities in legislation governing the monitoring of TSEs in ovine and caprine animals will be
reconsidered in the Joint Veterinary Committee.

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

On-the-spot inspections are 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.

8.

9.

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C.

ADDITIONAL INFORMATION

1.

From 1 January 2003, pursuant to the Ordonnance 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.

2.

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 are to remove and destroy specified risk materials (SRMs).

The list of SRMs removed from bovine animals comprises the skull, excluding the mandible but including the brain
and eyes, and the spinal cord of bovine animals aged over 12 months; the spinal column, excluding the vertebrae of
the tail, the spinous and transversal processes of the cervical and lumbar vertebrae and the median sacral crest and the
wings of the sacrum, but including the dorsal root ganglia and spinal cord of bovine animals aged over 24 months; the
tonsils, the intestines from the duodenum to the rectum and the mesentery of bovine animals of all ages.

The list of SRMs removed from ovine and caprine animals comprises the skull, including the brain and eyes, the tonsils
and the spinal cord of ovine and caprine animals aged over 12 months or which have a permanent incisor erupted
through the gum, and the spleen and ileum of ovine and caprine animals of all ages.

Under Article 179d of the Ordonnance on epizootic diseases and Article 4 of the Ordonnance on foodstuffs of animal
origin, Switzerland has introduced a policy of removing SRMs from the animal and human food chains. The list of
SRMs removed from bovine animals comprises in particular the spinal column of animals aged over 30 months, and
the tonsils, intestines from the duodenum to the rectum, and mesentery of animals of all ages.

Under Article 180c of the Ordonnance on epizootic diseases and Article 4 of the Ordonnance on foodstuffs of animal
origin, Switzerland has introduced a policy of removing SRMs from the animal and human food chains. The list of
SRMs removed from ovine and caprine animals includes in particular the brain in the cranial cavity, the spinal chord
with the dura mater and the tonsils of animals aged over 12 months or which have a permanent incisor erupted
through the gum, and the spleen and ileum of animals of all ages.

3.

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 13 of the Ordonnance on the elimination of animal by-products, Switzerland is to incinerate category 1
animal by-products, including specified risk materials and animals which have died on the farm.

IX.

Bluetongue

A.

LEGISLATION

European Community

Switzerland

Council Directive 2000/75/EC of 20 November 2000
laying down specific provisions
the control and
eradication of bluetongue.

for

1.

2.

3.

Law on epizootic diseases (LFE) of 1 July 1966, as last
amended on 23 June 2004 (RS 916.40), and in
particular Articles 1, 1a and 9a (measures against
highly contagious epizootic diseases, control objec-
tives) and 57 (technical
implementing provisions,
international cooperation) thereof.
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 2 (highly
contagious epizootic diseases), 73 and 74 (cleaning
and disinfection), 77 to 98 (common provisions
concerning highly contagious epizootic diseases) and
126 to 127 (common provisions concerning the
other highly contagious epizootic diseases) thereof.
Ordonnance of 14 June 1999 on the organisation of
the Département fédéral de l'économie, as last amended
on 10 March 2006 (RS 172.216.1), and in particular
Article 8 thereof (reference laboratory).

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1.

2.

3.

1.

2.

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

The Community reference laboratory for bluetongue shall be the AFRC Institute for Animal Health, Pirbright
Laboratory, Ash Road, Pirbright, Woking, Surrey GU24 ONF, 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 II to Directive 2000/75/EC.

Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an emergency warning
plan, published on the website of the Office Vétérinaire Fédéral.

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 2000/75/EC and Article 57 of the Law on epizootic diseases.

X.

Zoonoses

A.

LEGISLATION

European Community

Switzerland

Regulation (EC) No 2160/2003 of
the European
Parliament and of the Council of 17 November 2003
on the control of salmonella and other specified food-
borne zoonotic agents (OJ L 325, 12.12.2003, p. 1).
Directive 2003/99/EC of the European Parliament
and of the Council of 17 November 2003 on the
monitoring of zoonoses and zoonotic agents, amend-
ing Council Decision 90/424/EEC and repealing
Council Directive 92/117/EEC (OJ L 325 of
12.12.2003, p. 31).

1.

2.

3.

4.

5.

6.

7.

Ordonnance of 1 July 1966 on epizootic diseases
(LFE), as last amended on 23 June 2004 (RS 916.401).
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401).
Federal Law of 9 October 1992 on foodstuffs and
consumer products
last amended on
(LDAI), as
16 December 2005 (RS 817.0).
Ordonnance of 23 November 2005 on foodstuffs and
consumer products (ODAlOUs) (RS 817.02).
DFI Order of 23 November 2005 on hygiene (OHyg)
(RS 817.024.1).
Federal Law of 18 December 1970 on protection
against infectious diseases in humans (Epidemics Law),
last amended on 21 March 2003 (RS 818.101).
Ordonnance of 13 January 1999 on the declaration of
infectious diseases in humans (Ordonnance on the
declaration), last amended on 15 December 2003 (RS
818.141.1).

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1.

The Community reference laboratories shall be:

— Community reference laboratory for the analysis and testing of zoonoses (salmonella):

Rijksinstituut voor Volksgezondheid en Milieuhygiëne (RIVM)
3720 BA Bilthoven
Netherlands

— Community reference laboratory for the monitoring of marine biotoxins:

Agencia Española de Seguridad Alimentaria (AESA):
E-36200 Vigo
Spain

— Community reference laboratory for monitoring bacteriological and viral contaminations of bivalve molluscs:

The laboratory of the Centre for Environment, Fisheries and Aquaculture Science (CEFAS)
Weymouth
Dorset DT4 8UB
United Kingdom

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— Community reference laboratory for Listeria monocytogenes:

AFSSA — Laboratoire d'études et de recherches sur la qualité des aliments et sur les procédés agroalimentaires
(LERQAP)
F-94700 Maisons-Alfort
France

— Community reference laboratory for Coagulase positive Staphylococci, including Staphylococcus aureus:

AFSSA — Laboratoire d'études et de recherches sur la qualité des aliments et sur les procédés agroalimentaires
(LERQAP)
F-94700 Maisons-Alfort
France

— Community reference laboratory for Escherichia coli, including Verotoxigenic E. coli (VTEC):

Istituto Superiore di Sanità (ISS)
I-00161 Roma
Italy

— Community reference laboratory for Campylobacter:

Statens Veterinärmedicinska Anstalt (SVA)
S-751 89 Uppsala
Sweden

— Community reference laboratory for parasites (particularly Trichinella, Echinococcus and Anisakis):

Istituto Superiore di Sanità (ISS)
I-00161 Roma
Italy

— Community Reference Laboratory for antimicrobial resistance:

Danmarks Fødevareforskning (DFVF)
DK-1790 København V
Denmark

2.

3.

Switzerland shall pay the costs it incurs for operations carried out by the laboratory in these capacities. The functions
and tasks of these laboratories shall be as laid down in Regulation (EC) No 882/2004 of the European Parliament and
of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and
food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

Switzerland shall transmit to the Commission every year by the end of May a report on trends and sources of
zoonoses, zoonotic agents and antimicrobial resistance, covering the data collected pursuant to Articles 4, 7 and 8 of
Directive 2003/99/EC during the previous year. This report shall also contain the information referred to in Article 3
(2)(b) of Regulation (EC) No 2160/2003. This report shall be sent by the Commission to the European Food Safety
Authority with a view to the publication of the summary report concerning the trends and sources of zoonoses,
zoonotic agents and antimicrobial resistance in the Community.

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XI.

A.

Other diseases

LEGISLATION

European Community

Switzerland

Council Directive 92/119/EEC of 17 December 1992
introducing general 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 Regulation (EC) No 806/2003 of
14 April 2003 adapting to Decision 1999/468/EC the
provisions relating to committees which assist the Commis-
sion in the exercise of its implementing powers laid down in
instruments adopted in accordance with the
Council
consultation procedure (qualified majority)
(OJ L 122,
16.5.2003, p. 1).

1.

2.

3.

Law of 1 July 1966 on epizootic diseases (LFE), as last
amended on 23 June 2004 (RS 916.40), and in
particular Articles 1, 1a and 9a (measures against
highly contagious epizootic diseases, control objec-
tives) and 57 (technical
implementing provisions,
international cooperation) thereof.
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(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 concern-
ing the control of swine vesicular disease) thereof.
Ordonnance of 14 June 1999 on the organisation of
the Département fédéral de l'économie, as last amended
on 10 March 2006 (RS 172.216.1), and in particular
Article 8 thereof (reference laboratory).

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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 AFRC Institute for Animal Health, Pirbright
Laboratory, Ash Road, Pirbright, Woking, Surrey GU24 ONF, 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.

Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an emergency 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.

1.

2.

3.

4.

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XII.

Notification of diseases

A.

LEGISLATION

European Community

Switzerland

Council Directive 82/894/EEC 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 2004/216/EC of 1 March 2004
amending Council Directive 82/894/EEC on the notification
of animal diseases within the Community to include certain
equine diseases and certain diseases of bees to the list of
notifiable diseases (OJ L 67, 5.3.2004, p. 27).

1.

2.

Law of 1 July 1966 on epizootic diseases (LFE), as last
amended on 23 June 2004 (RS 916.40), and in
particular Articles 11 (announcement and declaration
of diseases) and 57 (technical
implementing provi-
sions, international cooperation) thereof.
Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(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.

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Appendix 2

ANIMAL HEALTH

I.

Animals and swine

A.

LEGISLATION

European 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 Council Regulation (EC) No 1/2005 of
22 December 2004 on the protection of animals during
transport and related operations and amending Direc-
tives 64/432/EEC and 93/119/EC and Regulation (EC)
No 1255/97 (OJ L 3, 5.1.2005, p. 1).

1.

2.

Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(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 (tuberculosis), 166 to
169 (enzootic bovine leucosis), 170 to 174 (IBR/IPV),
175 to 195 (spongiform encephalopathies), 186 to
189 (bovine genital infections), 207 to 211 (porcine
brucellosis), 297 (approval of markets, assembly
centres and disinfection points) thereof.
Ordonnance of 20 April 1988 on the import, transit
and export of animals and animal products (OITE),
(RS 916.443.11).

1.

2.

3.

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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. For the purposes of this Annex, in
accordance with Articles 11, 12 and 13 of Directive 64/432/EEC, Switzerland shall draw up a list of its approved
assembly centres, transporters and traders.

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) to
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:

(a)

(b)

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;

until such time as suspicion of the disease is lifted, i.e. when the tests provided for in point (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) to 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) to
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;

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(d)

(e)

(f)

(g)

in each case the competent authorities shall carry out the investigations necessary to establish whether the
suspected disease is present, including upstream research on herds of origin and transit herds; where lesions
suspected to have been caused by tuberculosis are discovered during an autopsy or at the time of 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;

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;

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 animals 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 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.

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

(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.

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 0,2 % 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.

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By virtue of the recognised status of Switzerland, Decision 2004/558/EC (OJ L 249, 23.7.2004, p. 20), 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 is 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)

(b)

(c)

(d)

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 Aujeszky's disease;

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;

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;

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 2001/618/EC (OJ L 215, 9.8.2001, p. 48), as last amended
by Decision 2005/768/EC (OJ L 290, 4.11.2005, p. 27), 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 is 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 on this matter.

In Switzerland the Institut de Bactériologie Vétérinaire of the University of Bern is responsible for the official testing of
tuberculins within the meaning of point 4 of Annex B to Directive 64/432/EEC.

8.

9.

10. 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.

11. 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 section C, the certifications are adapted as follows:

— in point 4, relating to the additional guarantees, the following is added to the indents:

disease: infectious bovine rhinotracheitis,

in accordance with Commission Decision 2004/558/EC, which shall apply mutatis mutandis;’;

‘–

–

Model 2:

— in section C, the certifications are adapted as follows:

— 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;’.

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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.’.

II.

Sheep and goats

A.

LEGISLATION

European Community

Switzerland

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 by Commission Decision 2005/932/EC of
21 December 2005 amending Annex E to Council
Directive 91/68/EEC as regards the updating of the model
health certificates relating to ovine and caprine animals (OJ
L 340, 23.12.2005).

1.

2.

Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 27 to 31
(markets, exhibitions), 34 to 37 (trade), 73 and 74
(cleaning and disinfection), 142 to 149 (rabies), 158
to 165 (tuberculosis), 166 to 169 (scrapie), 190 to
195 (ovine and caprine brucellosis), 196 to 199
(contagious agalactia), 200 to 203 (caprine arthritis/
encephalitis), 233 to 235 (brucellosis in rams) and
297 (approval of markets, assembly centres and
disinfection points) thereof.
Ordonnance of 20 April 1988 on the import, transit
and export of animals and animal products (OITE),
(RS 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.

4.

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.

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III.

EQUIDAE

A.

LEGISLATION

European Community

Switzerland

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 Council Directive 2004/68/EC of
26 April 2004 laying down animal health rules for the
importation into and transit through the Community of
certain live ungulate animals, amending Directives 90/426/
EEC and 92/65/EEC and repealing Directive 72/462/EEC
(OJ L 139, 30.4.2004, p. 320).

1.

2.

Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 112 to 115
(African horse disease), 204 to 206 (dourine,
encephalomyelitis, infectious anaemia, glanders), and
240 to 244 (contagious equine metritis) thereof.
Ordonnance of 20 April 1988 on the import, transit
and export of animals and animal products (OITE),
(RS 916.443.11).

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

1.

2.

3.

4.

Annexes B and C to Directive 90/426/EEC shall apply mutatis mutandis to Switzerland.

IV.

Poultry and hatching eggs

A.

LEGISLATION

European 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), as last amended
by Council Regulation (EC) No 806/2003 of 14 April 2003
adapting to Decision 1999/468/EC the provisions relating
to committees which assist the Commission in the exercise
of its implementing powers laid down in Council instru-
ments adopted in accordance with the
consultation
procedure (qualified majority) (OJ L 122, 16.5.2003, p. 1).

1.

2.

Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 25 (trans-
port), 122 to 125 (avian influenza and Newcastle
disease), 255 to 261 (Salmonella enteritidis) and 262
to 265 (avian infectious laryngotracheitis) thereof.
Ordonnance of 20 April 1988 on the import, transit
and export of animals and animal products (OITE),
(RS 916.443.11).

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 requirement concerning eggs held prior to consignment 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, point (a) of Directive 90/539/EEC shall apply mutatis mutandis to
Switzerland.

1.

2.

3.

4.

5.

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6.

7.

8.

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

The requirement concerning eggs held prior to consignment in the first indent of Article 11(2) of Directive 90/539/
EEC shall apply mutatis mutandis to Switzerland.

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

9.

The references to the name of the Member State in Article 15 of Directive 90/539/EEC shall apply mutatis mutandis to
Switzerland.

10.

Poultry and hatching eggs traded between the Member States of
accompanied by health certificates in accordance with the models set out in Annex IV to Directive 90/539/EEC.

the Community and Switzerland shall be

11.

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.

V.

Aquaculture animals and products

A.

LEGISLATION

European Community

Switzerland

Council Directive 91/67/EEC of 28 January 1991 concern-
ing 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 Regulation
(EC) No 806/2003 of 14 April 2003 adapting to
Decision 1999/468/EC the provisions relating to commit-
tees which assist the Commission in the exercise of its
implementing powers laid down in Council
instruments
adopted in accordance with the consultation procedure (OJ
L 122, 16.5.2003, p. 1).

1.

2.

Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 275 to 290
(fish and crayfish diseases) and 297 (approval of
establishments, zones and laboratories) thereof.
Ordonnance of 20 April 1988 on the import, transit
and export of animals and animal products (OITE),
(RS 916.443.11).

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.

1.

2.

3.

4.

5.

6.

(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.

(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.

(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.

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(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 2003/390/EC.

(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 I to Commission Decision 2003/390/EC.

VI.

Bovine embryos

A.

LEGISLATION

European Community

Switzerland

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
(OJ L 302,
19.10.1989, p. 1), as
last amended by Commission
Decision 2006/60/EC of 2 February 2006 amending
Annex C to Council Directive 89/556/EEC as regards the
model animal health certificate for intra-Community trade
in embryos of domestic animals of the bovine species (OJ
L 31, 3.2.2006, p. 24).

the bovine species

1.

2.

Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 56 to 58
(embryo transfer) thereof.
Ordonnance of 20 April 1988 on the import, transit
and export of animals and animal products (OITE),
(RS 916.443.11).

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

Bovine embryos traded between the Member States of
accompanied by health certificates in accordance with the models set out in Annex C to Directive 89/556/EEC.

the European Community and Switzerland shall be

1.

2.

VII.

Bovine semen

A.

LEGISLATION

European Community

Switzerland

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
(OJ L 194,
last amended by Commission
22.7.1988, p. 10), as
Decision 2006/16/EC of 5 January 2006 amending Annex B
to Council Directive 88/407/EEC and Annex II to Decision
2004/639/EC as regards import conditions for semen of
domestic animals of the bovine species (OJ L 11, 17.1.2006,
p. 21).

the bovine species

1.

2.

Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 51 to 55
(artificial insemination) thereof.
Ordonnance of 20 April 1988 on the import, transit
and export of animals and animal products (OITE),
(RS 916.443.11).

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

For the purposes of Article 4(2) of Directive 88/407/EEC, it is noted that 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.

1.

2.

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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 88/407/EEC and Article 57 of the Law on epizootic diseases.

Bovine semen traded between the Member States of the European Community and Switzerland shall be accompanied
by health certificates in accordance with the models set out in Annex D to Directive 88/407/EEC.

VIII.

Porcine semen

A.

LEGISLATION

European Community

Switzerland

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 Council Regulation (EC) No 806/2003
of 14 April 2003 adapting to Decision 1999/468/EC the
provisions relating to committees which assist the Commis-
sion in the exercise of its implementing powers laid down in
instruments adopted in accordance with the
Council
consultation procedure (qualified majority)
(OJ L 122,
16.5.2003, p. 1).

1.

2.

Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 51 to 55
(artificial insemination) thereof.
Ordonnance of 20 April 1988 on the import, transit
and export of animals and animal products (OITE),
(RS 916.443.11).

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

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.

Porcine semen traded between the Member States of the European Community and Switzerland shall be accompanied
by health certificates in accordance with the models set out in Annex D to Directive 90/429/EEC.

1.

2.

3.

IX.

OTHER SPECIES

A.

LEGISLATION

European Community

Switzerland

1.

2.

Ordonnance of 27 June 1995 on epizootic diseases
(OFE), as last amended on 23 November 2005
(RS 916.401), and in particular Articles 51 to 55
(artificial
insemination) and 56 to 58 (embryo
transfer) thereof.
Ordonnance of 20 April 1988 on the import, transit
and export of animals and animal products (OITE),
(RS 916.443.11).

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 Council Directive 2004/68/EC of 26 April
2004 laying down animal health rules for the importation
into and transit through the Community of certain live
ungulate animals, amending Directives 90/426/EEC and 92/
65/EEC and repealing Directive 72/462/EEC (OJ L 139,
30.4.2004, p. 320).
Regulation (EC) No 998/2003 of the European Parliament
and of the Council of 26 May 2003 on the animal health
requirements applicable to the non-commercial movement
of pet animals and amending Council Directive 92/65/EEC
(OJ L 146, 13.6.2003, p. 1), last amended by Commission
Regulation (EC) No 590/2006 of 12 April 2006 amending
Annex II to Regulation (EC) No 998/2003 of the European
Parliament and of the Council as regards the list of countries
and territories (OJ L 104, 13.4.2006, p. 8).

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1.

2.

3.

4.

B.

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

For the purposes of this Annex, this point shall cover trade in live animals not subject to points I to V, and in semen,
ova and embryos not subject to points VI to VIII.

The European 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.

Ungulates of species other than those referred to in points I, II and III which are traded between the Member States of
the European Community and Switzerland shall be accompanied by health certificates in accordance with the model
set out in the first part of Part I of Annex E to Directive 92/65/EEC, bearing the declaration provided for in Article 6
(A)(1)(e) of Directive 92/65/EC.

Lagomorphs which are traded between the Member States of the European Community and Switzerland shall be
accompanied by health certificates in accordance with the model set out in the first part 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/EC.

That declaration may be adapted by the Swiss authorities to include in full the requirements of Article 9 of Directive
92/65/EEC.

5.

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.

6.

(a)

Consignments of cats and dogs from the European Community to Switzerland shall be subject to Article 10(2)
of Directive 92/65/EEC.

(b)

(c)

(d)

Consignments of cats and dogs from Switzerland to the Member States of the European Community other than
the United Kingdom, Ireland, Malta and Sweden shall be subject to the requirements of Article 10(2) of
Directive 92/65/EEC.

Consignments of cats and dogs from Switzerland to the United Kingdom, Ireland, Malta 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 Regulation (EC) No 998/2003 of the European Parliament and
of the Council of 26 May 2003 (OJ L 146, 13.6.2003, p. 1), as last amended by Commission Regulation (EC)
No 590/2006 of 12 April 2006 (OJ L 104, 13.4.2006, p. 8). The passport to be used shall be the one laid down
in Commission Decision 2003/803/EC (OJ L 312, 27.11.2003, p. 1). The validity of the anti-rabies vaccination,
and if relevant the revaccination, shall be recognised in accordance with the recommendations of the laboratory
of manufacture, in accordance with Article 5 of Regulation (EC) No 998/2003 and Commission Decision 2005/
91/EC (OJ L 31, 4.2.2005, p. 61).

7.

8.

9.

The sperm, ova and embryos of the ovine and caprine species traded between the Member States of the European
Community and Switzerland shall be accompanied by health certificates in accordance with Decision 95/388/EC, as
last amended by Commission Decision 2005/43/EC of 30 December 2004 (OJ L 20, 22.1.2005, p. 34).

Semen of the equine species traded between the Member States of the European Community and Switzerland shall be
accompanied by the health certificate provided for in Decision 95/307/EC.

Ova and embryos of the equine species traded between the Member States of the European Community and
Switzerland shall be accompanied by health certificates in accordance with Decision 95/294/EC.

10. Ova and embryos of the porcine species traded between the Member States of the European Community and

Switzerland shall be accompanied by health certificates in accordance with Decision 95/483/EC.

11. Colonies of bees (hives or queens with attendants) traded between the Member States of the Community and
Switzerland shall be accompanied by health certificates in accordance with the second part of Annex I to Directive 92/
65/EEC.

12. Animals, semen, embryos and ova from bodies, institutes or centres approved in accordance with Annex C to
Directive 92/65/EEC traded between the Member States of the European Community and Switzerland shall be
accompanied by health certificates in accordance with the model set out in the third part of Annex E to Directive 92/
65/EEC.

13.

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.

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IMPORTS OF LIVE ANIMALS, THEIR SPERM, OVA AND EMBRYOS FROM THIRD COUNTRIES

Appendix 3

A.

Ungulates excluding Equidae

I.

European community — Legislation

Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit
through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and
repealing Directive 72/462/EEC (OJ L 139, 30.4.2004, p. 320).

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 Council Directive 2004/68/EC of
26 April 2004 laying down animal health rules for the importation into and transit through the Community of
certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC
(OJ L 139, 30.4.2004, p. 320).

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
Council Regulation (EC) No 806/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to
committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments
adopted in accordance with the consultation procedure (qualified majority) (OJ L 122, 16.5.2003, p. 1).

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 Regulation
(EC) No 806/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to committees which
assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in
accordance with the consultation procedure (qualified majority) (OJ L 122, 16.5.2003, p. 1).

E.

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 2006/60/EC of 2 February 2006 amending Annex C to Council
Directive 89/556/EEC as regards the model animal health certificate for intra-Community trade in embryos of
domestic animals of the bovine species (OJ L 31, 3.2.2006, p. 24).

F.

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 Commission Decision 2006/16/EC of 5 January 2006 amending Annex B to
Council Directive 88/407/EEC and Annex II to Decision 2004/639/EC as regards import conditions for semen of
domestic animals of the bovine species (OJ L 11, 17.1.2006, p. 21).

G.

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 frozen semen of domestic animals of the porcine species (OJ L 224, 18.8.1990,
p. 62), as last amended by Council Regulation (EC) No 806/2003 of 14 April 2003 adapting to Decision 1999/468/
EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid
down in Council instruments adopted in accordance with the consultation procedure (qualified majority) (OJ L 122,
16.5.2003, p. 1).

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H. Other live animals

1.

2.

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), last amended by Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the
importation into and transit through the Community of certain live ungulate animals, amending Directives 90/
426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (OJ L 139, 30.4.2004, p. 320).

Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal
health requirements applicable to the non-commercial movement of pet animals and amending Council
Directive 92/65/EEC (OJ L 146, 13.6.2003, p. 1), last amended by Commission Regulation (EC) No 590/2006
of 12 April 2006 amending Annex II to Regulation (EC) No 998/2003 of the European Parliament and of the
Council as regards the list of countries and territories (OJ L 104, 13.4.2006, p. 8).

II.

Switzerland — Legislation

Ordonnance of 20 April 1988 on the import, transit and export of animals and animal products (OITE), (RS 916.443.11).

For the application of this Annex in Switzerland, Zurich Zoo is the officially approved centre, in accordance with Annex C
to Directive 92/65/EEC.

III.

Implementing rules

The Office vétérinaire fédéral shall apply the same rules as those covered by point I of this Appendix. However, it may adopt
more restrictive measures and require additional guarantees. Consultations shall be held within the Joint Veterinary
Committee to find suitable solutions.

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ZOOTECHNICAL PROVISIONS, INCLUDING THOSE GOVERNING IMPORTS FROM THIRD COUNTRIES

Appendix 4

A.

Bovine animals

I.

European community — Legislation

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 807/2003/EC (OJ L 122, 16.5.2003, p. 36).

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 Council Regulation (EC) No 806/2003 (OJ
L 122, 16.5.2003, p. 1).

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)

(b)

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).

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).

Ordonnance of 7 December 1998 on livestock farming, as last amended on 23 November 2005 (RS 916.310).

II.

Switzerland — Legislation

III.

Implementing rules

Without prejudice to the rules on zootechnical checks in Appendices 5 and 6, the Swiss authorities undertake to ensure that
Switzerland applies the provisions of Council Directive 94/28/EC for its imports.

Where difficulties arise in trade, the matter shall be referred to the Joint Veterinary Committee at the request of either Party.

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Appendix 6

ANIMAL PRODUCTS

CHAPTER I

SECTORS WHERE RECOGNITION OF EQUIVALENCE IS MUTUAL

‘Animal products for human consumption’

The definitions of Regulation (EC) No 853/2004 shall apply mutatis mutandis.

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

Trade conditions

EC standards

Swiss standards

Equivalence

Animal health:

1.

Fresh meat including minced meat, meat preparations, meat products, unprocessed fats and rendered fats

Domestic ungulates
Domestic solipeds

Directive 64/432/EEC
Directive 2002/99/EC
Regulation (EC) No 999/2001 (1)

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401) (1).

Yes (1)

2.

Farmed game meat, meat preparations and meat products

Farmed land mammals other
than those cited above

Directive 64/432/EEC
Directive 92/118/EEC
Directive 2002/99/EC
Regulation (EC) No 999/2001

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401)

Farmed ratites
Lagomorphs

Directive 92/118/EEC
Directive 2002/99/EC

3. Wild game meat, meat preparations and meat products

Wild ungulates
Lagomorphs
Other land mammals
Feathered wild game

Directive 2002/99/EC
Regulation (EC) No 999/2001

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401)

4.

Fresh poultry meat, meat preparations, meat products, fats and rendered fats

Yes

Yes

Yes

Poultry

Directive 92/118/EEC
Directive 2002/99/EC

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401)

Yes

5. Stomachs, bladders and intestines

Bovine animals
Ovine and caprine animals
Porcine animals

Directive 64/432/EEC
Directive 92/118/EEC
Directive 2002/99/EC
Regulation (EC) No 999/2001 (1)

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401) (1).

Yes (1)

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

Trade conditions

EC standards

Swiss standards

Equivalence

Directive 64/432/EEC
Directive 92/118/EEC
Directive 2002/99/EC
Regulation (EC) No 999/2001 (1)

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401) (1).

Yes (1)

6. Bone and bone products

Domestic ungulates
Domestic solipeds
Other farmed or wild land
mammals
Poultry, ratites and feathered
wild game

7. Processed animal proteins, blood and blood products

Domestic ungulates
Domestic solipeds
Other farmed or wild land
mammals
Poultry, ratites and feathered
wild game

8. Gelatine and collagen

Directive 64/432/EEC
Directive 92/118/EEC
Directive 2002/99/EC
Regulation (EC) No 999/2001 (1)

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401) (1).

Yes (1)

Directive 2002/99/EC
Regulation (EC) No 999/2001 (1)

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401) (1).

Yes (1)

11. Fishery products, bivalve molluscs, echinoderms, tunicates and marine gastropods

9. Milk and milk products

10. Eggs and egg products

Directive 64/432/EEC
Directive 2002/99/EC

Directive 90/539/EEC
Directive 2002/99/EC

12. Honey

13. Snails and frogs' legs

Directive 91/67/EEC
Directive 93/53/EEC
Directive 95/70/EC
Directive 2002/99/EC

Directive 92/118/EEC
Directive 2002/99/EC

Directive 92/118/EEC
Directive 2002/99/EC

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401)

Yes

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401)

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401)

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401)

Yes

Yes

Yes

Law of 1 July 1966 on epizootic
diseases (LFE) (RS 916.40)
Ordonnance of 27 June 1995 on
epizootic diseases (OFE) (RS
916.401)

Yes

(1) The recognition of similarities in legislation governing the monitoring of TSEs in sheep and goats will be reconsidered in the Joint

Veterinary Committee.

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

Equivalence

Yes, subject
to special
conditions

EC standards

Swiss standards

Trade conditions

Federal Law of 9 October 1992 on foodstuffs and
consumer products
last
(Law on foodstuffs),
amended on 16 December 2005 (RS 817.0).
Ordonnance of 27 May 1981 on the protection of
animals (OPAn), as last amended on 12 April
2006 (RS 455.1).
Ordonnance of 1 March 1995 on the setting up
bodies responsible for checking meat hygiene
(OFHV), as last amended on 23 November 2005
(RS 817.191.54).
Ordonnance of 27 June 1995 on epizootic
diseases (OFE), as last amended on 23 November
2005 (RS 916.401).
Ordonnance 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).
Ordonnance of 23 November 2005 on foodstuffs
and consumer products (ODAlOUs) (RS 817.02).
DFI Ordonnance of 23 November 2005 on the
implementation of
legislation (RS
817.025.21).
DFE Ordonnance of 23 November 2005 on
hygiene in primary production (RS 916.020.1).
DFI Ordonnance of 23 November 2005 on
hygiene (RS 817.024.1).
DFE Ordonnance of 23 November 2005 on
hygiene during the slaughter of livestock (OHyAb)
(RS 817.190.1).
DFI Ordonnance of 23 November 2005 on
foodstuffs of animal origin (RS 817.022.108).

foodstuffs

Public health

the European
Regulation (EC) No 999/2001 of
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 by Commission Regulation (EC)
No 688/2006 of 4 May 2006 amending Annexes III
and XI to Regulation (EC) No 999/2001 of the
European Parliament and of the Council as regards
the monitoring of transmissible spongiform ence-
phalopathies and specified risk material of bovine
animals in Sweden (OJ L 120, 5.5.2006, p. 10).
Regulation (EC) No 852/2004 of
the European
Parliament and of the Council of 29 April 2004 on
the hygiene of foodstuffs (OJ L 139, 30.4.2004,
p. 1).
Regulation (EC) No 853/2004 of
the European
Parliament and of the Council of 29 April 2004
laying down specific hygiene rules for food of animal
origin (OJ L 139, 30.4.2004, p. 55).
Regulation (EC) No 854/2004 of
the European
Parliament and of the Council of 29 April 2004
laying down specific rules for the organisation of
official controls on products of animal origin
intended for human consumption (OJ L 139 of
30.4.2004, p. 206).
Regulation (EC) No 882/2004 of
the European
Parliament and of the Council of 29 April 2004 on
official controls performed to ensure the verification
of compliance with feed and food law, animal health
and animal welfare rules (OJ L 165, 30.4.2004,
p. 1).
Commission Regulation (EC) No 2073/2005 of
15 November 2005 on microbiological criteria for
foodstuffs (OJ L 338, 22.12.2005, p. 1).
Commission Regulation (EC) No 2074/2005 of
5 December 2005 laying down implementing
measures for certain products under Regulation
(EC) No 853/2004 of the European Parliament and
of the Council and for the organisation of official
controls under Regulation (EC) No 854/2004 of the
the Council and
European Parliament and of
Regulation (EC) No 882/2004 of
the European
the Council, derogating from
Parliament and of
Regulation (EC) No 852/2004 of
the European
the Council and amending
Parliament and of
Regulations (EC) No 853/2004 and (EC) 854/2004
(OJ L 338, 22.12.2005, p. 27).
Commission Regulation (EC) No 2075/2005 of
5 December 2005 laying down specific rules on
official controls for Trichinella in meat (OJ L 338,
22.12.2005, p. 60).

Special conditions

(1) Animal products intended for human consumption which are the traded between the Member States of the
Community and Switzerland will move on the same conditions only as animal products intended for human
consumption which are the traded between the Member States of the Community. Where necessary, these products
are accompanied by the health certificates required for trade between the Member States of the Community or defined
in this Annex and available in the TRACES system.

(2)

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

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(3)

For its imports, Switzerland shall apply the same provisions as those applicable at Community level.

(4)

The competent authorities of Switzerland may not make use of the exemption from the Trichinella examination as
provided for in Article 3(2) of Regulation (EC) No 2075/2005. Where this exemption is used, the competent
authorities of Switzerland undertake to notify the Commission by written procedure of the list of regions where the
risk of Trichinella in domestic swine is officially recognised as negligible. The Member States of the Community shall
have three months from receipt of the notification to send written comments to the Commission. If the Commission
or a Member State raises no objections, the region is recognised as a region presenting a negligible Trichinella risk and
domestic swine coming from that region shall be exempted from examination for Trichinella at the time of slaughter.
The provisions of Article 3(3) of Regulation (EC) No 2075/2005 shall apply mutatis mutandis.

(5)

The detection methods described in Chapters I and II of Annex I to Regulation (EC) No 2075/2005 shall be used in
Switzerland for the Trichinella examinations. However, no use shall be made of the trichinoscopic examination
described in Chapter III of Annex I to Regulation (EC) No 2075/2005.

(6)

The competent authorities of Switzerland may derogate from the Trichinella examination of carcasses and meat of
domestic swine kept for fattening and slaughter in low-capacity slaughter establishments.

This provision shall apply until 31 December 2009.

In application of the provisions of subparagraph 3(a) of Article 8 of the DFE Ordonnance on hygiene during the
slaughter of livestock (RS 817.190.1) and of the seventh subparagraph of Article 9 of the DFI Ordonnance on
foodstuffs of animal origin (RS 817.022.108), these carcasses and meat of domestic swine kept for fattening and
slaughter as well as meat preparations, meat products and derived processed products shall be marked with a special
health stamp in accordance with the model specified in the second subparagraph of Annex 9 to the DFE Ordonnance
on hygiene during the slaughter of livestock (RS 817.190.1). These products may not be traded between the Member
States of the Community as laid down in the provisions of Articles 9(a) and 14(a) of the DFI Ordonnance on
foodstuffs of animal origin (RS 817.022.108).

(7)

Carcasses and meat of domestic swine kept for slaughter which are traded between the Member States of the
Community and Switzerland from:

— holdings recognised as free from Trichinella by the competent authorities of the Member States of the

Community,

— regions where the risk of Trichinella in domestic swine is officially recognised as negligible;

and for which the Trichinella examination has not been carried out in application of the provisions of Article 3 of
Regulation (EC) No 2075/2005, shall move only under the same conditions as those traded between the Member
States of the Community.

(8)

In application of the provisions of Article 2 of the Ordonnance on hygiene (RS 817.024.1), the competent authorities
of Switzerland may in particular cases allow adjustments to Articles 8, 10 and 14 of the Ordonnance on hygiene (RS
817.024.1):

(a)

to meet the needs of establishments situated in the mountain regions listed in the Annex to the Federal Act of
21 March 1997 on investment aid in mountain regions.

The competent authorities of Switzerland undertake to notify the Commission by written procedure of such
adjustments. This notification:

— provides a detailed description of the provisions for which the competent authorities of Switzerland
consider that an adjustment is necessary, and indicates the nature of the adjustment in question,

— describe the foodstuffs and establishments concerned,

— explains the grounds for the adjustment (including, where appropriate, the provision of a summary of the
risk analysis carried out and indicating any measure needed to ensure that the adjustment does not
compromise the objectives of the Ordonnance on hygiene (RS 817.024.1),

— gives any other relevant information.

The Commission and the Member States shall have three months from the receipt of the notification to submit
their written observations. If necessary, the Joint Veterinary Committee will be convened.

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(b)

for the production of foods with traditional characteristics.

The competent authorities of Switzerland undertake to notify the Commission by written procedure of such
adjustments at the latest twelve months after the individual or general derogations have been granted. Each
notification:

— provides a short description of the provisions that have been adapted,

— describes the foodstuffs and establishments concerned, and

— gives any other relevant information.

(9)

The Commission shall inform Switzerland of the derogations and adjustments applied in the Member States of the
Community under Articles 13 of Regulation (EC) No 852/2004, 10 of Regulation (EC) No 852/2003, 13 of
Regulation (EC) No 854/2003 and 7 of Regulation (EC) No 2074/2005.

(10) Pending the alignment of Community legislation and Swiss legislation concerning the list of specified risk materials,
Switzerland has undertaken, by internal technical directive, not to trade the carcasses of bovine animals aged over 24
months containing vertebral bone or any derived products with the Member States of the Community.

‘Animal by-products not intended for human consumption’

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

EC standards

Swiss standards

Trade conditions

Regulation (EC) No 1774/2002 of the European
Parliament and of the Council of 3 October 2002
laying down health rules concerning animal by-
products not intended for human consumption (OJ
L 273, 10.10.2002, p. 1), as last amended by
Commission Regulation (EC) No 208/2006 of
7 February 2006 amending Annexes VI and VIII to
Regulation (EC) No 1774/2002 of the European
Parliament and of the Council as regards processing
standards for biogas and composting plants and
requirements for manure (OJ L 36, 8.2.2006, p. 25).

Order of 23 November 2005 on the slaughter of
livestock and the checking of meat (OAbCV) (RS
817.190).
DFE Ordonnance of 23 November 2005 on
hygiene during the slaughter of livestock (OHyAb)
(RS 817.190.1).
Ordonnance of 27 June 1995 on epizootic
diseases (OFE), as last amended on 23 November
2005 (RS 916.401).
Ordonnance of 20 April 1988 on the import,
transit and export of animals and animal products
(OITE).
Ordonnance of 23 June 2004 on the elimination
of animal waste, as last amended on 22 June 2005
(RS 916.441.22).

Equivalence

Yes

Special conditions

For its imports, Switzerland will apply the same provisions as those of Annexes VII, VIII, X (certificates) and XI (country), in
accordance with Article 29 of Regulation (EC) No 1774/2002.

Trade in Category 1 and 2 materials shall be prohibited, except in the case of certain technical uses provided for by
Regulation (EC) No 1774/2002 (transitional measures established by Commission Regulation (EC) No 878/2004).

Category 3 materials traded between the Member States of the Community and Switzerland shall be accompanied by the
commercial documents and health certificates provided for in Chapter III of Annex II, in accordance with Articles 7 and 8 of
Regulation (EC) 1774/2002.

In compliance with Chapter III of Regulation (EC) No 1774/2002, Switzerland shall draw up a list of its corresponding
establishments.

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CHAPTER II

Sectors other than those covered by Chapter I

I.

Exports from the Community to Switzerland

These exports shall be subject to the same conditions as those laid down for 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.

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Appendix 10

BORDER CHECKS AND INSPECTION FEES

CHAPTER I

A.

Border checks for sectors where recognition of equivalence is mutual

Type of border check

1.
2.

Documentary checks
Physical checks

B.

Border checks for sectors other than those referred to in point A

Type of border check

1.
2.

Documentary checks
Physical checks

Rate

100 %
1 %

Rate

100 %
1 to 10 %

C.

Special measures

Note is taken of Annex 3 to Recommendation No 1/94 of the EEC-Switzerland Joint Committee on facilitating certain
veterinary checks and formalities for animal products and live animals. The matter shall be examined as soon as
possible by the Joint Veterinary Committee.

D.

Fees

1.

For sectors where recognition of equivalence is mutual, the fees shall be:

EUR 1,5/t, a minimum of EUR 30 and a maximum of EUR 350 being charged per consignment.

2.

For sectors other than those referred to in point 1, the fees shall be:

EUR 3,5/t, a minimum of EUR 30 and a maximum of EUR 350 being charged per consignment.

E.

Rules for animal products crossing through European Union or Swiss territory

1.

Animal products from Switzerland which have to cross the territory of the European Union shall be subject to
the inspection arrangements provided for, depending on the case, in points A and B above. The provisions of
Article 11(2)(c), (d) and (e) of Directive 97/78/EC shall not apply to products whose equivalence is mutually
recognised and which are intended for export outside the territory of the European Union, provided that the
veterinary checks performed in accordance with point 2 above are favourable.

2.

Animal products from the European Union which have to cross the territory of Switzerland shall be subject to
the inspection arrangements provided for, depending on the case, in points 2 and 3 above.

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F.

TRACES System

1.

Legislation

European Community

Switzerland

Commission Decision 2004/292/EC of 30 March 2004
on the introduction of
the TRACES system and
amending Decision 92/486/EEC (OJ L 94, 31.3.2004,
p. 63), as last amended by Commission Decision 2005/
515/EC of 14 July 2005, amending Decision 2004/292/
EC on the introduction of
the TRACES system and
amending Decision 92/486/EEC (OJ L 187, 19.7.2005,
p. 29).

Ordonnance of 20 April 1988 on the import, transit and
export of animals and animal products (OITE),
(RS
916.443.11).

2.

Special rules and procedures for implementation

The Commission, in cooperation with the Office vétérinaire fédéral, shall integrate Switzerland into the TRACES system,
in accordance with Commission Decision 2004/292/EC.

The provisions of Article 3 of Decision 2004/222/EC concerning the registration of common veterinary entry
documents in the TRACES computer system shall not apply to products whose equivalence is recognised mutually,
with the exception of those admitted under the procedures in Articles 8, 12(4) and 13 of Directive 97/78/EC and
those forming the subject of a refusal decision following inspection at the border.

For sectors where recognition of equivalence is mutual, animal products traded between the Member States of the
Community and Switzerland shall move under the same conditions as products traded between the Member States of
the Community. Where necessary, these products are accompanied by the health certificates required for trade
between the Member States of the Community or defined in this Annex and available in the TRACES system.

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

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CHAPTER II

CHECKS ON IMPORTS FROM THIRD COUNTRIES

1.

Legislation

Checks on imports from third countries shall be carried out in accordance with the provisions referred to below:

European Community

Switzerland

1.

2.

3.

4.

Ordonnance of 20 April 1988 on the import,
transit and export of animals and animal products
(OITE), (RS 916.443.11).
Law of 9 October 1992 on foodstuffs (LDA1), as
last amended on 18 June 2004 (RS 817.0).
Ordonnance of 23 November 2005 on foodstuffs
and consumer products (ODAlOUs, RS 817.02).
Ordonnance of 23 November 2005 on the
implementation of
legislation (RS
817.025.21).

foodstuffs

1.

2.

3.

4.

5.

6.

Commission Regulation (EC) No 136/2004 of
22 January 2004 laying down procedures for
veterinary checks at Community border inspection
posts on products imported from third countries
(OJ L 21, 28.1.2004, p. 11).
Commission Regulation (EC) No 745/2004 of
16 April 2004 laying down measures with regard
to imports of products of animal origin for
personal consumption (OJ L 122, 26.4.2004, p. 1).
Regulation (EC) No 854/2004 of the European
Parliament and of the Council of 29 April 2004
laying down specific rules for the organisation of
official controls on products of animal origin
intended for human consumption (OJ L 139 of
30.4.2004, p. 206).
Regulation (EC) No 882/2004 of the European
Parliament and of the Council of 29 April 2004 on
official controls performed to ensure the verifica-
tion of compliance with feed and food law, animal
health and animal welfare rules
(OJ L 165,
30.4.2004, p. 1).
Council Directive 97/78/EC of 18 December 1997
laying down the principles governing the organisa-
tion of veterinary checks on products entering the
Community from third countries
(OJ L 24,
30.1.1998, p. 9), as last amended by Regulation
(EC) No 882/2004 of the European Parliament and
of
the Council of 29 April 2004 on official
controls performed to ensure the verification of
compliance with feed and food law, animal health
and welfare rules (OJ L 165, 30.4.2004, p. 1).
Council Directive 2002/99/EC of 16 December
2002 laying down the
animal health rules
governing the production, processing, distribution
and introduction of products of animal origin for
human consumption (OJ L 18, 23.1.2003, p. 11).

2.

Implementing measures

For the purposes of Article 6 of Directive 97/78/EC, the border inspection posts shall be the following: Basel-
Mulhouse Airport, Ferney-Voltaire/Geneva Airport and Zurich Airport. The Joint Veterinary Committee shall be
responsible for subsequent amendments.

The implementation of on-the-spot inspections shall be the responsibility of the Joint Veterinary Committee, in
accordance in particular with Article 23 of Directive 97/78/EC and Article 57 of the Law on epizootic diseases.

The special situation of the border inspection posts at Basel-Mulhouse Airport and Ferney-Voltaire/Geneva Airport
shall be examined by the Joint Veterinary Committee no later than one year after this Appendix enters into force.

In order to apply the provisions of Directive 97/78/EC, the Commission, in collaboration with the Office vétérinaire
fédéral, shall incorporate Switzerland in the TRACES system, pursuant to Commission Decision 2004/292/EC.

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In the context of the activities referred to in Directive 97/78/EC, the Swiss authorities undertake to collect fees or
charges for official checks on goods in accordance with Chapter VI of Regulation (EC) No 882/2004 at the minimum
rates laid down in Annex V thereof.

CHAPTER III

CONDITIONS GOVERNING IMPORTS OF ANIMAL PRODUCTS FROM THIRD COUNTRIES

1.

European Community — Legislation

A.

PUBLIC HEALTH MEASURES

1.

2.

3.

4.

5.

6.

1.

2.

Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof
in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/
187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10), as last amended by Regulation (EC) No 882/2004 of
the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the
verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004,
p. 1).

Regulation (EC) No 999/2001 of 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 by Commission Regulation (EC) No 688/2006 of 4 May 2006
amending Annexes III and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council
as regards the monitoring of transmissible spongiform encephalopathies and specified risk material of bovine
animals in Sweden (OJ L 120, 5.5.2006, p. 10).

Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the
control of salmonella and other specified food-borne zoonotic agents (OJ L 325, 12.12.2003, p. 1).

Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain
Directives concerning food hygiene and health conditions for the production and placing on the market of
certain products of animal origin intended for human consumption and amending Council Directives 89/662/
EEC and 92/118/EEC and Council Decision 95/408/EC (OJ L 157, 30.4.2004, p. 33).

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down
specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004), as last amended by Commission
Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the
implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European
Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (OJ L 338,
22.12.2005, p. 83).

Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down
specific rules for the organisation of official controls on products of animal origin intended for human
consumption (OJ L 139, 30.4.2004), as last amended by Commission Regulation (EC) No 2076/2005 of
5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/
2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending
Regulations (EC) No 853/2004 and (EC) No 854/2004 (OJ L 338, 22.12.2005, p. 83).

B.

ANIMAL HEALTH RULES

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 Regulation (EC) No 806/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions
relating to committees which assist the Commission in the exercise of its implementing powers laid down in
Council instruments adopted in accordance with the consultation procedure (OJ L 122, 16.5.2003, p. 1).

Council Directive No 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control
of certain fish diseases (OJ L 175, 19.7.1993, p. 23), as last amended by the Act concerning the conditions of
accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the
Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
— Annex II: List referred to in Article 20 of the Act of Accession — 6. Agriculture — B. Veterinary and
phytosanitary legislation — I. Veterinary legislation (OJ L 236, 23.9.2003, p. 381).

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3.

4.

5.

6.

Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements
governing trade in and imports into the Community of products not subject to the said requirements laid down
in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to
Directive 90/425/EEC (OJ L 062, 15.3.1993, p. 49), last amended by Directive 2004/41/EC of the European
Parliament and of the Council of 21 April 2004 repealing certain Directives concerning food hygiene and health
conditions for the production and placing on the market of certain products of animal origin intended for
human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/
408/EC (OJ L 157, 30.4.2004, p. 33).

Regulation (EC) No 999/2001 of 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, 31.05.2001, p. 1), as last amended by Commission Regulation (EC) No 688/2006 of 4 May 2006
amending Annexes III and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council
as regards the monitoring of transmissible spongiform encephalopathies and specified risk material of bovine
animals in Sweden (OJ L 120, 5.5.2006, p. 10).

Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down
health rules concerning animal by-products not intended for human consumption (OJ L 273, 10.10.2002, p. 1),
as last amended by Commission Regulation (EC) No 208/2006 of 7 February 2006 amending Annexes VI and
VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards processing
standards for biogas and composting plants and requirements for manure (OJ L 36, 8.2.2006, p. 25).

Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the
production, processing, distribution and introduction of products of animal origin for human consumption (OJ
L 18, 23.1.2003, p. 11).

2.

Switzerland — Legislation

Ordonnance of 20 April 1988 on the import, transit and export of animals and animal products (OITE).

3.

Implementing rules

The Office vétérinaire fédéral shall apply the same rules as those covered by Chapter 3 point I of this Appendix. However,
it may adopt more restrictive measures and require additional guarantees. Consultations shall be held within the Joint
Veterinary Committee to find suitable solutions.

CHAPTER IV

FINAL PROVISIONS

The provisions of this Appendix shall be reviewed by the Joint Veterinary Committee no later than one year after its entry
into force.’