Proposal for a Council Decision on the Community position on Decision No 1/2008 of the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products regarding the amendment of Appendices 2, 3, 4, 5, 6 and 10 to Annex 11 to the Agreement
Date: 2008-11-07
Institutions: European Commission
Subjects: Switzerland, domestic animal, embryo and foetus, health control, import (EU), live animal, trade agreement (EU)

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.11.2008 
COM(2008) 683 final 

Proposal for a 

COUNCIL DECISION 

on the Community position on Decision No 1/2008 of the Joint Veterinary Committee set 
up by the Agreement between the European Community and the Swiss Confederation 
on trade in agricultural products regarding the amendment of Appendices 2, 3, 4, 5, 6 
and 10 to Annex 11 to the Agreement 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

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

The  Swiss  Confederation  has  undertaken  to  incorporate  into  its  national  legislation  the 
provisions  of  Council  Directive  91/496/EEC  of  15  July  1991  laying  down  the  principles 
governing  the  organization  of  veterinary  checks  on  animals  entering  the  Community  from 
third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC, 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, 
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, 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,  and  all  the 
provisions adopted for their implementation in the control of imports from third countries into 
the European Union. 

In  order  to  provide  the  resources  needed  for  carrying  out  import  controls  on  products  of 
animal  origin  from  third  countries,  it  is  necessary  for  Switzerland  to  be  included,  at  least 
partially, in the rapid alert system established by Article 50 of Regulation (EC) No 178/2002 
of the European Parliament and of the Council of 28 January 2002 laying down the general 
principles and requirements of food law, establishing the European Food Safety Authority and 
laying down procedures in matters of food safety. 

The  Swiss  Confederation  has  undertaken  to  incorporate  into  its  national  legislation  the 
provisions of 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. 

The provisions of Annex 11 to the Agriculture Agreement and its appendices should therefore 
be  adapted  accordingly.  Since  its  entry  into  force,  the  legislative  provisions  of  the  parties 
listed in the appendices to Annex 11 of the Agriculture Agreement have been amended in the 
sectors affecting the Agreement. These appendices must be amended to take account of these 
changes. 

The Joint Veterinary Committee does not have the authority to adapt the provisions of Annex 
11  to  the  Agreement.  The  amendment  of  Annex  11  must  therefore  be  approved  by  a 
procedure identical to that used for the Agriculture Agreement. This amendment is the subject 
of a separate procedure. 

Article 19(1) of Annex 11 to the Agriculture Agreement sets up a Joint Veterinary Committee 
made up of representatives of the parties. It is responsible for examining all questions relating 
to the said Annex and its implementation and for carrying out the tasks provided for therein. 
In particular, the Joint Veterinary Committee has power of decision in the cases provided for 
in  Annex  11.  Article  19(3)  of  Annex  11  to  the  Agriculture  Agreement  authorises  the  Joint 
Veterinary  Committee  to  amend  the  appendices  to  Annex  11,  in  particular  with  a  view  to 
adapting and updating them. 

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The  Community  must  adopt  the  position  it  is  to  take  in  the  Joint  Veterinary  Committee 
regarding adoption of the necessary amendments to Appendices 2, 3, 4, 5, 6 and 10 to Annex 
11.  Under  the  first  subparagraph  of  Article  5(2)  of  Decision  2002/309/EC,  Euratom,  the 
Community position is to be adopted by the Council on a proposal from the Commission. 

The  amendment  of  the  Agreement  between  the  European  Community  and  the  Swiss 
Confederation  on  trade  in  agricultural  products  and  Decision  No  1/2008  of  the  Joint 
Veterinary Committee will be published in the Official Journal of the European Union. 

* * * 

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Proposal for a 

COUNCIL DECISION 

on the Community position on Decision No 1/2008 of the Joint Veterinary Committee set 
up by the Agreement between the European Community and the Swiss Confederation 
on trade in agricultural products regarding the amendment of Appendices 2, 3, 4, 5, 6 
and 10 to Annex 11 to the Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 310, in conjunction with the second subparagraph Article 300(2), thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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

The  Agreement  between  the  European  Community  and  the  Swiss  Confederation  on 
trade  in  agricultural  products,  of  21  June  1999,  hereinafter  called  the  "Agriculture 
Agreement", entered into force on 1 June 2002. 

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

In order to provide the resources needed for carrying out import controls on products 
of animal origin from third countries, it is necessary for Switzerland to be included, at 
least partially, in the rapid alert system established by Article 50 of Regulation (EC) 
No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying 
down the general principles and requirements of food law, establishing the European 
Food Safety Authority and laying down procedures in matters of food safety. 

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(5) 

(6) 

The  Community  and  the  Swiss  Confederation  have  negotiated  and  signed  an 
agreement amending Annex 11 to the Agreement between the European Community 
and the Swiss Confederation of 21 June 1999 on trade in agricultural products. 

The  Community  should  adopt  the  position  it  is  to  take  in  the  Joint  Veterinary 
Committee regarding the adoption of the necessary amendments to the appendices to 
Annex 11 to the Agreement, 

HAS ADOPTED THIS DECISION: 

Article 1 

The  position  to  be  adopted  by  the  Community  in  the  Joint  Veterinary  Committee  set  up  by 
Article 19(1) of Annex 11 to the Agreement between the European Community and the Swiss 
Confederation on trade in agricultural products regarding the amendments to Appendices 2, 3, 
4,  5,  6  and  10  to  Annex  11  shall  be  based  on  the  draft  Decision  of  the  Joint  Veterinary 
Committee annexed to this Decision. 

Article 2 

Decision No 1/2008 of the Joint Veterinary Committee set up by the Agreement between the 
European Community and the Swiss Confederation on trade in agricultural products regarding 
the  amendment  of  Appendices  2,  3,  4,  5,  6  and  10  to  Annex  11  to  the  Agreement  shall  be 
published in the Official Journal of the European Union as soon as it has been adopted. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

Proposal for 

DECISION NO 1/2008 OF THE JOINT VETERINARY COMMITTEE 

SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY 

AND THE SWISS CONFEDERATION 

ON TRADE IN AGRICULTURAL PRODUCTS 

of … 2008 

regarding the amendment of Appendices 2, 3, 4, 5, 6 and 10 to Annex 11  

THE COMMITTEE, 

(2008/.../EC) 

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

Whereas: 

(1) 

(2) 

(3) 

The Agriculture Agreement entered into force on 1 June 2002. 

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

The  appendices  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 Community and the Swiss Confederation on trade 
in  agricultural  products  of  25  November  2003  regarding  the  amendment  of 
Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement1. 

1 

OJ L 23, 28.01.2004, p. 27. 

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(4) 

(5) 

(6) 

(7) 

(8) 

The  appendices  to  Annex  11  to  the  Agriculture  Agreement  were  last  amended  by 
Decision No 1/2006 of the Joint Veterinary Committee set up under the Agreement 
between  the  European  Community  and  the  Swiss  Confederation  on  trade  in 
agricultural products of 1 December 2006 regarding the amendment of  Appendices 
1, 2, 3, 4, 5, 6 and 10 to Annex 11 to the Agreement2. 

The  Swiss  Confederation  has  undertaken  to  incorporate  into  its  national  legislation 
the  provisions  of  Council  Directive  91/496/EEC  of  15  July  1991  laying  down  the 
principles  governing  the  organization  of  veterinary  checks  on  animals  entering  the 
Community from third countries and amending Directives 89/662/EEC, 90/425/EEC 
and  90/675/EEC3,  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 countries4, 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 consumption5, 
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  rules6,  and  all  the 
provisions  adopted  for  their  implementation  in  the  control  of  imports  from  third 
countries into the European Union. 

In order to provide the resources needed for carrying out import controls on products 
of animal origin from third countries, it is necessary for Switzerland to be included, 
at  least  partially,  in  the  rapid  alert  system  established  by  Article  50  of  Regulation 
(EC)  No  178/2002  of  the  European  Parliament  and  of  the  Council  of  28  January 
2002 laying down the general principles and requirements of food law, establishing 
the European Food Safety Authority and laying down procedures in matters of food 
safety7. 

The health measures provided for by Swiss legislation and Community legislation for 
veterinary  checks  on  movements  and  imports  of  animals  and  products  of  animal 
origin are recognised as being equivalent. Appendices 5 and 10 to Annex 11 to the 
Agreement therefore need to be amended. 

The  Swiss  Confederation  has  undertaken  to  incorporate  into  its  national  legislation 
the provisions of 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/EEC8. 

2 
3 
4 
5 
6 
7 
8 

OJ L 32, 06.02.2007, p. 91. 
OJ L 268, 24.09.1991, p. 56. 
OJ L 24, 30.01.1998, p. 9. 
OJ L 18, 23.01.2003, p. 11. 
OJ L 165, 30.04.2004, p. 1. 
OJ L 31, 01.02.2002, p. 1. 
OJ L 146, 13.06.2003, p. 1. 

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(9) 

Appendices 2, 3, 4 and 6 to Annex 11 to the Agreement need to be amended to take 
account  of  changes  in  the  Community  and  Swiss  legislation  in  force  on  30  June 
2008, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Appendix 2 to Annex 11 to the Agriculture Agreement shall be amended in accordance with 
the  provisions  in  Annex  I  to  this  Decision,  subject  to  the  entry  into  force  of  the  agreement 
between  the  European  Community  and  the  Swiss  Confederation  of  23 December  2008 
amending  Annex  11  to  the  Agreement  between  the  European  Community  and  the  Swiss 
Confederation of 21 June 1999 on trade in agricultural products. 

Article 2 

Appendices  3,  4,  5,  6  and  10  to  Annex  11  to  the  Agreement  between  the  European 
Community and the Swiss Confederation on trade in agricultural products shall be amended in 
accordance with the provisions in Annexes II to VI to this Decision. 

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 3 

This Decision shall enter into force on 1 January 2009. 

Article 4 

Signed at Brussels, 

Signed at Brussels, 

On behalf of the Swiss Confederation 

On behalf of the European Commission 

The Head of Delegation 

The Head of Delegation 

_____________ 

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Appendix 2 to Annex 11 is supplemented as follows: 

ANNEX I 

"X. NON-COMMERCIAL MOVEMENTS OF PET ANIMALS 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

European Community 

Switzerland 

(EC)  No  998/2003  of 

Regulation 
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). 

Ordinance  on  the  importation  of  pet  animals 
(OIAC) of 18 April 2007 (RS 916.443.14). 

1. 

2. 

3. 

4. 

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

The  identification  system  shall  be  the  one  provided  for  in  Regulation  (EC)  No 
998/2003 of the European Parliament and of the Council of 26 May 2003. 

in  accordance  with 

The validity of the anti-rabies vaccination, and if relevant the revaccination, shall be 
laboratory  of 
recognised 
manufacture, pursuant to Article 5 of Regulation (EC) No 998/2003 and Commission 
Decision 2005/91/EC of 2 February 2005 establishing the period after which the anti-
rabies vaccination is considered as valid9. 

the  recommendations  of 

the 

The passport to be used is that provided for by Commission Decision 2003/803/EC 
of  26  November  2003  establishing  a  model  passport  for  the  intra-Community 
movements of dogs, cats and ferrets10. 

For  the  purposes  of  this  Appendix,  the  provisions  of  Chapter  II  (Provisions 
applicable  to  movement  between  Member  States)  of  Regulation  (EC)  No  998/2003 
shall  apply  mutatis  mutandis  to  the  non-commercial  movement  of  pet  animals 
between the Member States of the Community and Switzerland.” 

9 
10 

OJ L 31, 04.02.2005, p. 61. 
OJ L 312, 27.11.2003, p. 1. 

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Appendix 3 to Annex 11 is replaced as follows: 

ANNEX II 

"Appendix 3 

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

I. 

EUROPEAN COMMUNITY - LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

A. 

Ungulates, excluding Equidae 

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). 

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). 

D. 

Aquaculture animals 

Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for 
aquaculture  animals  and  products  thereof,  and  on  the  prevention  and  control  of 
certain diseases in aquatic animals (OJ L 328, 24.11.2006, p.14). 

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). 

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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  semen  of 
domestic animals of the bovine species (OJ L 194, 22.7.1988, p. 10). 

G. 

Porcine semen 

Council  Directive  90/429/EEC  of  26.06.1990  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, 18.08.1990, p. 62). 

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). 

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, 13.06.2003, p. 1). 

I. 

Other specific provisions 

1. 

2. 

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the 
use  in  stockfarming  of  certain  substances  having  a  hormonal  or  thyrostatic 
action  and  of  β-agonists,  and  repealing  Directives  81/602/EEC,  88/146/EEC 
and 88/299/EEC (OJ L 125, 23.5.1996, p. 3). 

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). 

II. 

SWITZERLAND – LEGISLATION* 

* 

1. 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

Ordinance of 18 April 2007 on the import, transit and export of animals and animal 
products (OITE), (RS 916.443.10); 

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2. 

3. 

4. 

5. 

6. 

7. 

Ordinance  of  18 April  2007  on  the  import  and  transit  of  animals  by  air  from  third 
countries (OITA), (RS 916.443.12); 

Ordinance of 18 April 2007 on the import and transit of animal products by air from 
third countries (OITPA), (RS 916.443.13); 

Ordinance  of  the  DFE  of  16  May  2007  on  controls  on  the  import  and  transit  of 
animals and animal products (Ordinance on controls, OITE), (RS 916.443.106); 

Ordinance  of  18  April  2007  on  the  importation  of  pet  animals  (OIAC)  (RS 
916.443.14); 

Ordinance  of  18  August  2004  on  veterinary  medicinal  products  (OMédV), 
(RS 812.212.27); 

Ordinance  of  30  October  1985  on  the  fees  levied  by  the  Federal  Veterinary  Office 
(OEVET), (RS 916.472). 

III. 

IMPLEMENTING RULES 

The Federal Veterinary Office shall apply, simultaneously with the Member States, the import 
conditions referred to in point I of this Appendix, the implementing measures and the lists of 
establishments from which the corresponding imports are authorised. This undertaking shall 
apply to all the relevant acts, irrespective of their date of adoption. 

The  Federal  Veterinary  Office  may  adopt  more  restrictive  measures  and  demand  additional 
guarantees. Consultations shall be held within the Joint Veterinary Committee to find suitable 
solutions. 

The Federal Veterinary Office and the Member States shall notify each other of the specific 
import  conditions  established  bilaterally  which  have  not  been  harmonised  at  Community 
level. 

For the purposes of this Annex, for Switzerland, Zürich Zoo is accepted as an approved centre 
in accordance with Annex C to Directive 92/65/EEC. 

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Appendix 4 to Annex 11 is replaced as follows: 

ANNEX III 

"Appendix 4 

ZOOTECHNICAL PROVISIONS, INCLUDING THOSE GOVERNING IMPORTS 
FROM THIRD COUNTRIES 

A. 

LEGISLATION 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

European Community 

Switzerland 

Ordinance  of  14  November  2007  on  animal 
breeding (RS 916.310). 

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). 

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). 

Council  Directive  87/328/EEC  of  18  June 
1987 on the acceptance for breeding purposes 
of  pure-bred  breeding  animals  of  the  bovine 
species (OJ L 167, 26.6.1987, p. 54). 

laying  down 

Council  Directive  88/407/EEC  of  14  June 
the  animal  health 
1988 
requirements  applicable  to  intra-Community 
trade in and imports of deep-frozen semen of 
domestic animals of the bovine species (OJ L 
194, 22.7.1988, p. 10). 

Council  Directive  89/361/EEC  of  30  May 
1989  concerning  pure-bred  breeding  sheep 
and goats (OJ L 153, 6.6.1989, p. 30). 

Council  Directive  90/118/EEC  of  5  March 
1990 on the acceptance of pure-bred breeding 
pigs for breeding (OJ L 71, 17.3.1990, p. 34). 

Council  Directive  90/119/EEC  of  5  March 
1990  on  the  acceptance  of  hybrid  breeding 
pigs for breeding (OJ L 71, 17.3.1990, p. 36). 

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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). 

trade 

Council  Directive  90/428/EEC  of  26  June 
intended  for 
1990  on 
competitions and laying down the conditions 
for  participation 
(OJ  L  224, 
18.8.1990, p. 60). 

in  equidae 

therein 

Council  Directive  91/174/EEC  of  25  March 
1991  laying  down  zootechnical  and  pedigree 
requirements  for  the  marketing  of  pure-bred 
animals 
Directives 
77/504/EEC  and  90/425/EEC  (OJ  L  85, 
5.4.1991, p. 37). 

amending 

and 

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). 

B. 

IMPLEMENTING RULES 

For  the  purposes  of  this  Appendix,  live  animals  and  animal  products  traded  between  the 
Member  States  of  the  European  Community  and  Switzerland  shall  circulate  under  the 
conditions established for trade between the Member States of the European Community.  

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

Where difficulties arise, the matter shall be referred to the Joint Veterinary Committee at the 
request of either party." 

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Appendix 5 to Annex 11 is replaced as follows: 

ANNEX IV 

"Appendix 5 

LIVE ANIMALS, THEIR SEMEN, OVA AND EMBRYOS: BORDER CHECKS AND 
INSPECTION FEES 

CHAPTER I 

General provisions – TRACES system 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

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). 

1.  Law  of  1  July  1966  on  epizootic 

diseases (LFE), (RS 916.40); 

2.  Ordinance of 27 June 1995 on epizootic 

diseases (OFE), (RS 916.401); 

3.  Ordinance  of  18 April  2007  on  the 
import,  transit  and  export  of  animals 
and  animal  products 
(RS 
916.443.10); 

(OITE), 

4.  Ordinance  of  18 April  2007  on  the 
import  and  transit  of  animals  by  air 
from 
(RS 
916.443.12); 

third  countries 

(OITA), 

5.  Ordinance  of  18 April  2007  on  the 
import and transit of animal products by 
(OITPA), 
third  countries 
from 
air 
(916.443.13); 

6.  Ordinance  of  the  DFE  of  16  May  2007 
on controls on the import and transit of 
animals and animal products (Ordinance 
on controls, OITE), (RS 916.443.106); 

7.  Ordinance  of  18  April  2007  on  the 
importation of pet animals (OIAC), (RS 
916.443.14). 

EN 

15 

   EN 

 
 
B. 

IMPLEMENTING RULES 

The  Commission,  in  cooperation  with  the  Federal  Veterinary  Office,  shall  integrate 
Switzerland 
in  accordance  with  Commission  Decision 
2004/292/EC. 

the  TRACES  system, 

into 

If  necessary,  transitional  and  complementary  measures  shall  be  laid  down  by  the  Joint 
Veterinary Committee. 

CHAPTER II 

Veterinary and zootechnical checks applicable in trade between the Member States of 
the European Community and Switzerland 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

Veterinary  and  zootechnical  checks  applicable  in  trade  between  the  Member  States  of  the 
European Community and Switzerland shall be carried out in accordance with the provisions 
below: 

European Community 

Switzerland 

1.  Council  Directive  89/608/EEC  of 
21 November 1989 on mutual assistance 
between  the  administrative  authorities 
of  the  Member  States  and  cooperation 
between  the  latter  and  the  Commission 
to  ensure  the  correct  application  of 
legislation 
and 
zootechnical 
(OJ L 351, 
2.12.1989, p. 34). 

veterinary 

matters 

on 

2.  Council  Directive  90/425/EEC  of  26 
June  1990  concerning  veterinary  and 
zootechnical  checks  applicable  in  intra- 
Community trade in certain live animals 
and  products  with  a  view 
the 
completion of the internal market (OJ L 
224, 18.08.1990, p. 29). 

to 

1.  Law  on  epizootic  diseases  (LFE)  of 
in 

(RS  916.40),  and 

1 July 1966, 
particular Article 57 thereof ; 

2.  Ordinance  of  18 April  2007  on  the 
import,  transit  and  export  of  animals 
and  animal  products 
(RS 
916.443.10); 

(OITE), 

3.  Ordinance  of  the  DFE  of  16  May  2007 
on controls on the import and transit of 
animals and animal products (Ordinance 
on controls, OITE), (RS 916.443.106); 

4.  Ordinance  of  18  April  2007  on  the 
importation of pet animals (OIAC), (RS 
916.443.14); 

5.  Ordinance  of  30  October  1985  on  the 
fees  levied  by  the  Federal  Veterinary 
Office (OEVET), (RS 916.472). 

EN 

16 

   EN 

 
 
B. 

GENERAL IMPLEMENTING RULES 

In the cases provided for in Article 8 of Directive 90/425/EEC, the competent authorities of 
the  place  of  destination  shall  contact  the  competent  authorities  of  the  place  of  dispatch 
without delay. They shall take all necessary measures and notify the competent authority of 
the place of dispatch and the Commission of the nature of the checks carried out, the decisions 
taken and the reasons for such decisions. 

The Joint Veterinary Committee shall be responsible for the application of the provisions of 
Articles  10,  11  and  16  of  Directive  89/608/EEC  and  Articles  9  and  22  of  Directive 
90/425/EEC. 

C. 

SPECIAL RULES APPLICABLE TO ANIMALS SENT FOR GRAZING IN 

BORDER AREAS 

1. 

Definitions: 

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

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

2. 

In  the  event  of  grazing  between  the  Member  States  and  Switzerland,  Commission 
Decision  2001/672/EC  of  20  August  2001  laying  down  special  rules  applicable  to 
movements  of  bovine  animals  when  put  out  to  summer  grazing  in  mountain  areas 
(OJ L 235, 4.9.2001, p. 23) shall apply mutatis mutandis. However, for the purposes 
of  this  Annex,  the  following  adjustments  shall  apply  to  Article  1  of  Decision 
2001/672/EC: 

– 

– 

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

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

SWITZERLAND 

CANTON OF ZÜRICH 

CANTON OF BERN/BERNE 

CANTON OF LUZERN 

CANTON OF URI 

CANTON OF SCHWYZ 

EN 

17 

   EN 

 
CANTON OF OBWALDEN 

CANTON OF NIDWALDEN 

CANTON OF GLARIS 

CANTON OF ZUG 

CANTON OF FRIBOURG 

CANTON OF SOLOTHURN 

CANTON OF BASEL STADT 

CANTON OF BASEL LAND 

CANTON OF SCHAFFHAUSEN 

CANTON OF APPENZELL AUSSERRHODEN 

CANTON OF APPENZELL INNERRHODEN 

CANTON OF SANKT GALLEN 

CANTON OF GRAUBÜNDEN 

CANTON OF AARGAU 

CANTON OF THURGAU 

CANTON OF TICINO 

CANTON OF VAUD 

CANTON OF VALAIS/WALLIS 

CANTON OF NEUCHÂTEL 

CANTON OF GENEVA 

CANTON OF JURA 

Pursuant  to  the  Ordinance  on  epizootic  diseases  (OFE)  of  27  June  1995  (RS 
916.401), and in particular Article 7 thereof (registration), and the Ordinance of 23 
November  2005  on  the  database  on  animal  movements  (RS  916.404),  and  in 
particular  Section  2  thereof  (content  of  the  database),  Switzerland  is  to  allocate  to 
each pasturage a specific registration code which must be registered in the national 
database on bovine animals. 

EN 

18 

   EN 

 
3. 

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

(a) 

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

(b) 

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

(c) 

issue a certificate in accordance with the model in 9 below. 

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

The holder of the animals must: 

(a) 

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

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

(c) 

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

4. 

5. 

6. 

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

(a) 

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

(b) 

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

(c) 

issue a certificate in accordance with the model in 9 below. 

7. 

In the event of outbreaks of disease, the competent veterinary authorities shall take 
appropriate measures by mutual agreement. Those authorities shall consider how to 
cover  any  costs  involved.  If  necessary,  the  matter  shall  be  referred  to  the  Joint 
Veterinary Committee.  

EN 

19 

   EN 

 
8. 

As an exception to the rules on grazing in 1 to 7, in the case of daily grazing between 
the Member States and Switzerland:  

(a) 

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

(b) 

(c) 

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

the  health  certificate  set  out  in  9  below  shall  be  presented  to  the  competent 
veterinary  authorities  every  calendar  year  when  the  animals  first  enter  a 
Member State or Switzerland. This health certificate must be presented to the 
competent veterinary authorities at the request of the latter;  

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

the animals are dispatched to a Member State or to Switzerland; 

(e) 

point 6 shall not apply; 

(f) 

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

9. 

Model  health  certificate  for  bovine  animals  sent  for  grazing  or  daily  grazing  in 
border areas and for bovine animals returning from border grazing: 

EN 

20 

   EN 

 
I.1. Consignor

Name

Address
Postal code

I.5. Consignee 

Name

Address
Postal code

d
e
t
n
e
s
e
r
p
t
n
e
m
n
g
i
s
n
o
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f
o
s
l
i
a
t
e
D

:

I

t
r
a
P

Model health certificate for bovine animals sent for grazing or daily grazing in border 
areas and for bovine animals returning from border grazing 

EUROPEAN COMMUNITY

I.2. Certificate reference number

I.2.a.Local reference number:

Intra trade certificate 

I.3. Central Competent Authority

I.4. Local Competent Authority

I.6. No(s) of related original certificates 

 No.(s) of accompanying documents

I.7. Dealer
Name

Approval number

I.8.Country of origin

 ISO code I.9. Region of origin

Code

I.10. Country of destination  ISO code I.11. Region of destination

Code

I.12. Place of origin/Place of harvest

I.13. Place of destination

Holding

Name
Address

Postal code

I.15. Date and time of departure

I.17. Transporter

Name
Address

Approval number

Approval number

Postal code

Member State

I.19. Commodity code (CN code)

01 02

I.20. Number/quantity

I.22. Number of packages

I.24.Type of packaging

I.27. Transit through Member States
Member State
Member State
Member State

I.29.  Estimated journey time

 ISO code
 ISO code
 ISO code

Holding

Name
Address

Postal code

I.14. Place of loading
Postal code

I.16. Means of transport

Approval number

Aeroplane

Ship

Railway wagon

Road vehicle

Other

Identification:

I.18. Animal species/product

I.21.

I.23.

I.25. Animals certified as/products certified for

I.26. Transit through third country

Third country
Exit point
Entry point

I.28.

I.30. Route plan

Yes

No

I.31. Identification of the animals/products

Transhumance

 ISO code
Code
BIP unit no.:

Identification number

EN 

21 

   EN 

 
 
 
 
 
 
 
 
EUROPEAN COMMUNITY 

2005/22 Summer grazing 

II. 

Health information 

II.a. 

Certificate 
number 

reference 

II.b. 

Local 
number 

reference 

II.1. 

Health certificate for bovine animals sent for grazing(3) or daily grazing(3)(4) in border areas. 

I, the undersigned official veterinarian, certify that each animal from the lot described above: 

II.1.1. 

comes  from  a  holding  of  origin  and  an  area  which,  in  conformity  with  Community  or 
national  legislation,  is  not  subject  to  any  prohibition  or  restriction  for  reasons  of  animal 
diseases affecting bovine animals; 

II.1.2. 

comes form a herd of origin situated in a Member State or part of its territory: 

(a) 

with  a  surveillance  network  approved  by  Commission  Decision  xx/xx/EC,  or,  for 
Switzerland,  by  the  Agreement  of  21  June  1999  between  the  European  Community 
and Switzerland (point I of Appendix 2 to Annex 11); 

(b)  which is officially recognised as free of leucosis, tuberculosis and brucellosis. 
is an animal for breeding(3) or production(3) that: 

II.1.3. 

n
o
i
t
a
c
i
f
i
t
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C

:
I
I

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(a) 

has been resident, as far as can be ascertained, on the holding of origin during the past 
30 days, or since birth if less than 30 days of age, and no animal imported from a third 
country  was  introduced  into  that  holding  during  this  period,  unless  it  was  isolated 
from all other animals on the holding; 

(b) 

has not been in contact during the past 30 days with animals from herds not meeting 
the conditions set out in point II.1.2. 

The  above  described  animals  were  inspected  on  [insert  date],  during  the  24  hours  before 
scheduled departure and showed no clinical signs of infectious or contagious disease. 

The holding of origin and, where applicable, the approved assembly centre and the area they 
are  situated  in  are  not  subject  to  any  prohibitions  or  restrictions  for  reasons  of  animal 
diseases affecting bovine animals in conformity with Community or national legislation. 
All applicable provisions of Council Directive 64/432/EEC have been fulfilled. 

The  animals  comply  with 
infectious  bovine 
rhinotracheitis/infectious  pustular  vulvovaginitis  in  accordance  with  Commission  Decision 
93/42/EEC,  which  applies  mutatis  mutandis  in  accordance  with  the  Agreement  of  21  June 
1999 between the European Community and Switzerland. 

the  additional  guarantees  regarding 

II.1.4. 

II.1.5. 

II.1.6. 

II.1.7. 

II.1.8. 

At the time of inspection the above animals were fit to be transported on the intended journey 
in accordance with the provisions of Council Regulation (EC) No. 1/2005(5). 
Date of arrival at the pasture(6): 
II.1.9. 
II.1.10.  Planned date of departure from the pasture: 

II.2. 

II.2.1. 

II.2.2. 

Health certificate for bovine animals returning from grazing in border areas (at or before the 
end of the normal grazing period). 
the  animals  described  above  [list  of  animals  returning  early(3)  or  list  of  animals  on  the 
associated  original  certificate(3),  (7),  (8)]  were  inspected  on  ..................  (date  of  loading  or  48 
hours before departure) and showed no clinical signs of infectious or contagious disease; 

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

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMUNITY 

2005/22 Summer grazing 

II. 

Health information 

II.a. 

Certificate 
number 

reference 

II.b. 

Local 
number 

reference 

Notes 

Part I: 

• 

Part II: 

(1) 

(2) 

(3) 
(4) 
(5) 

(6) 

(7) 

(8) 

The number of the health certificate used to move the animals to the grazing area is given in 
part I.6 of this certificate. 

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

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

Delete as appropriate. 

In the case of daily grazing, this certificate shall be valid for the entire grazing period. 

This  statement  does  not  exempt  transporters  from  their  obligations  in  accordance  with 
Community  provisions  in  force,  in  particular  regarding  the  fitness  of  animals  to  be 
transported. 

The registration code of the pasture ground is shown in part I.13 (Approval number) of this 
certificate. 

If animals are returned to their holding of origin during the grazing period for health reasons, 
accompanied by a health certificate, the identification marks must be deleted from the initial 
list, which must be validated by the official veterinarian. 

Part II.1 to be filled in for dispatch to grazing or daily grazing in a border area, Part II.2 to be 
filled in for return from grazing in a border area. 

The  colour  of  the  stamp  and  signature  must  be  different  from  that  of  the  other  particulars  in  the 
certificate. 

Name (in capitals): 

Qualification and title: 

Official veterinarian or inspector 

Local Veterinary Unit: 

Local Veterinary Unit number: 

Date : 

Seal: 

Signature: 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
CHAPTER III 

Conditions applying to trade between the European Community and the Swiss 
Confederation 

A. 

LEGISLATION 

For  trade  in  live  animals  and  their  semen,  ova  and  embryos  between  the  European 
Community and Switzerland, and for the grazing of bovine animals in border areas between 
the European Community and Switzerland, the health certificates shall be those provided for 
in  this  Annex  and  available  in  the  TRACES  system,  in  accordance  with  Commission 
Regulation  (EC)  No 599/2004  of  30  March  2004  concerning  the  adoption  of  a  harmonised 
model  certificate  and  inspection  report  linked  to  intra-Community  trade  in  animals  and 
products of animal origin (OJ L 94, 31.3.2004, p. 44). 

EN 

24 

   EN 

 
 
CHAPTER IV 

Veterinary checks applicable to imports of animals from third countries 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

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

European Community 

Switzerland 

1.  Commission  Regulation 

(EC)  No 
282/2004 of 18 February 2004 introducing 
a  document  for  the  declaration  of,  and 
veterinary  checks  on,  animals  from  third 
countries  entering  the  Community  (OJ  L 
49, 19.02.2004, p. 11); 

2.  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); 

the 

laying 

3.  Council  Directive  91/496/EEC  of  15  July 
principles 
down 
1991 
governing  the  organisation  of  veterinary 
checks 
the 
animals 
entering 
Community  from 
third  countries  and 
89/662/EEC, 
amending 
90/425/EEC  and  90/675/EEC  (OJ  L  268, 
24.9.1991, p. 56); 

Directives 

on 

4.  Council  Directive  96/22/EC  of  29  April 
1996  concerning  the  prohibition  on  the 
use  in  stockfarming  of  certain  substances 
having  a  hormonal  or  thyrostatic  action 
and 
repealing 
Directives  81/602/EEC,  88/146/EEC  and 
88/299/EEC (OJ L 125, 23.5.1996, p. 3); 

β-agonists, 

and 

of 

1.  Ordinance of 18 April 2007 on the import, 
transit  and  export  of  animals  and  animal 
products (OITE), (RS 916.443.10); 

2.  Ordinance of 18 April 2007 on the import 
and  transit  of  animals  by  air  from  third 
countries (OITA), (RS 916.443.12); 

3.  Ordinance of 18 April 2007 on the import 
and transit of animal products by air from 
third countries (OITPA), (RS 916.443.13);

4.  Ordinance of the DFE of 16 May 2007 on 
controls  on  the  import  and  transit  of 
animals  and  animal  products  (Ordinance 
on controls, OITE), (RS 916.443.106); 

5.  Ordinance  of  18  April  2007  on  the 
importation  of  pet  animals  (OIAC),  (RS 
916.443.14). 

6.  Ordinance of 30 October 1985 on the fees 
levied  by  the  Federal  Veterinary  Office 
(OEVET), (RS 916.472); 

7.  Ordinance  of  18  August  2004  on 
veterinary  medicinal  products  (OMédV), 
(RS 812.212.27). 

EN 

25 

   EN 

 
 
 
 
 
5.  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 
and 
91/664/EEC (OJ L 125, 23.5.1996, p. 10); 

89/187/EEC 

Decisions 

6.  Commission  Decision  97/794/EC  of  12 
laying  down  certain 
November  1997 
detailed  rules  for 
the  application  of 
Council  Directive  91/496/EEC  as  regards 
veterinary  checks  on  live  animals  to  be 
imported  from  third  countries  (OJ  L  323, 
26.11.1997, p. 31). 

B. 

IMPLEMENTING RULES 

1. 

For  the  purposes  of  implementing  Article  6  of  Directive  91/496/EEC,  the  Member 
States'  border  inspection  posts  approved  for  veterinary  checks  on  live  animals  are 
listed  in  the  Annex  to  Commission  Decision  2001/881/EC  of  7  December  2001 
drawing  up  a  list  of  border  inspection  posts  approved  for  veterinary  checks  on 
animals  and  animal  products  from  third  countries  and  updating  the  detailed  rules 
concerning the checks to be carried out by the experts of the Commission. 

2. 

For  the  purposes  of  implementing  Article  6  of  Directive  91/496/EEC,  the  border 
inspection posts for Switzerland shall be: 

Name 

TRACES 
code 

Type

Inspection 
centre 

Type of approval 

Zürich 
Airport 

Geneva 
Airport 

CHZRH4 

A 

Centre 3 

CHGVA4 

A 

Centre 2 

O - Other animals 
(including zoo animals)* 

O - Other animals 
(including zoo animals)* 

* 

By  reference  to  the  approval  categories  defined  in  Commission  Decision 
2001/881/EC 

EN 

26 

   EN 

 
The Joint Veterinary Committee shall be responsible for any subsequent amendments 
to  the  list  of  border  inspection  posts,  their  inspection  centres  and  their  type  of 
approval. 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary  Committee  in  accordance  in  particular  with  Article  19  of  Directive 
91/496/EEC and Article 57 of the Law on epizootic diseases. 

3. 

The Federal Veterinary Office shall apply, simultaneously with the Member States, 
the import conditions referred to in Appendix 3 to this Annex, and the implementing 
measures. 

The  Federal  Veterinary  Office  may  adopt  more  restrictive  measures  and  demand 
additional  guarantees.  Consultations  shall  be  held  within  the  Joint  Veterinary 
Committee to find suitable solutions. 

The Federal Veterinary Office and the Member States shall notify each other of the 
specific import conditions established bilaterally which have not been harmonised at 
Community level. 

4. 

5. 

The Member States' border inspection posts mentioned at point 1 shall check imports 
from  third  countries  destined  for  Switzerland  in  accordance  with  the  provisions  of 
point A of Chapter IV of this Appendix. 

The  Swiss  border  inspection  posts  mentioned  at  point  2  shall  check  imports  from 
third countries destined for the Member States in accordance with the provisions of 
point A of Chapter IV of this Appendix. 

EN 

27 

   EN 

 
CHAPTER V 

Specific provisions 

A. 

IDENTIFICATION OF ANIMALS 

1. LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

European Community 

Switzerland 

1.  Council  Directive  92/102/EEC  of  27 
November  1992  on  the  identification  and 
(OJ  L  355, 
registration  of  animals 
5.12.1992, p. 32); 

1.  Ordinance  of  27  June  1995  on  epizootic 
diseases  (OFE),  (RS  916.401),  and  in 
thereof 
to  20 
particular  Articles  7 
(registration and identification);  

2.  Regulation  (EC)  No  1760/2000  of  the 
European  Parliament  and  of  the  Council 
of  17  July  2000  establishing  a  system  for 
the 
registration  of 
bovine animals and regarding the labelling 
of  beef  and  beef  products  and  repealing 
Council Regulation (EC) No 820/97 (OJ L 
204, 11.8.2000, p. 1). 

identification  and 

2.  Ordinance  of  23  November  2005  on  the 
(RS 

database  on  animal  movements 
916.404). 

2. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

a. 

b. 

c. 

The  Joint  Veterinary  Committee  shall  be  responsible  for  the  application  of 
Article 3(2),  the  fifth  subparagraph  of  Article  4(1)(a)  and  Article  4(2)  of  Directive 
92/102/EEC. 

For movements of porcine, ovine and caprine animals within Switzerland, the date to 
be taken into account for the purposes of Article 5(3) shall be 1 July 1999. 

In the context of Article 10 of Directive 92/102/EEC, the Joint Veterinary Committee 
shall be responsible for coordination where any electronic identification systems are 
set up. 

EN 

28 

   EN 

 
 
B. 

PROTECTION OF ANIMALS 

1. LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

European Community 

Switzerland 

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

93/119/EC 

and 

Ordinance of 23 April 2008 on the protection 
of  animals  (OPAn),  (RS 455.1),  and 
in 
particular Articles 169 to 176 thereof. 

2.  Council  Regulation  (EC)  No  1255/97  of 
25  June  1997  concerning  Community 
criteria  for  staging  points  and  amending 
the route plan referred to in the Annex to 
Directive  91/628/EEC 
(OJ  L  174, 
02.07.1997, p. 1). 

a. 

b. 

c. 

d. 

e. 

2. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

The  Swiss  authorities  undertake  to  comply  with  the  provisions  of  Regulation  (EC) 
No 1/2005 for trade between Switzerland and the Community and for imports from 
third countries. 

In the cases provided for in Article 26 of Regulation (EC) No 1/2005, the competent 
authorities of the place of destination shall contact the competent  authorities  of  the 
place of departure without delay. 

The Joint Veterinary Committee shall be responsible for the application of Articles 
10, 11 and 16 of Directive 89/608/EEC. 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary Committee in accordance in particular with Article 28 of Regulation (EC) 
No 1/2005 and Article 208 of the Ordinance of 23 April 2008 on the protection of 
animals (OPAn), (RS 455.1). 

Pursuant  to  Article  175  of  the  Ordinance  of  23  April  2008  on  the  protection  of 
animals (OPAn), (RS 455.1), transit via Switzerland of cattle, sheep, goats and pigs 
may  be  by  rail  or  by  aircraft  only.  This  matter  shall  be  examined  by  the  Joint 
Veterinary Committee. 

EN 

29 

   EN 

 
C. 

FEES 

1. 

2. 

No  fees  shall  be  levied  for  veterinary  checks  carried  out  in  trade  between  the 
Member States of the European Community and Switzerland. 

For  veterinary  checks  on  imports  from  third  countries,  the  Swiss  authorities 
undertake  to  collect  the  official  control  fees  provided  for  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)." 

EN 

30 

   EN 

 
A. 

The  special  conditions  relating  to  animal  products  for  human  consumption  listed  in  Chapter  I  of  Appendix  6  to  Annex  11  shall  be 
supplemented as follows: 

«(11) Pending recognition of the alignment of the Community legislation and the Swiss legislation, for exports to the European Community 

Switzerland shall monitor compliance with the acts listed below and their implementing texts: 

ANNEX V 

– 

– 

– 

– 

– 

– 

– 

Council Directive 88/344/EEC of 13 June 1988 on the approximation of the laws of the Member States on extraction solvents used 
in the production of foodstuffs and food ingredients (OJ L 157, 24.6.1988, p. 28) 

Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for 
use in foods and to source materials for their production (OJ L 184, 15.7.1988, p. 61) 

Council  Directive  89/107/EEC  of  21  December  1988  on  the  approximation  of  the  laws  of  the  Member  States  concerning  food 
additives authorized for use in foodstuffs intended for human consumption (OJ L 40, 11.2.1989, p. 27) 

Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum 
residue limits of veterinary medicinal products in foodstuffs of animal origin (OJ L 224, 18.8.1990, p. 1) 

Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (OJ L 37, 
13.2.1993, p. 1) 

Directive 94/35/EC of the European Parliament and the Council on sweeteners for use in foodstuffs (OJ L 237, 10.9.1994, p. 3) 

Directive 94/36/EC of the European Parliament and the Council on colours for use in foodstuffs (OJ L 237, 10.9.1994, p. 13) 

EN 

31 

EN 

 
  
– 

– 

– 

– 

– 

– 

– 

– 

Directive  95/2/EC  of  the  European  Parliament  and  the  Council  on  food  additives  other  than  colours  and  sweeteners  (OJ  L  61, 
18.3.1995, p. 1) 

Commission Directive 95/31/EC of 5 July 1995 laying down specific criteria of purity concerning sweeteners for use in foodstuffs 
(OJ L 178, 28.7.1995, p. 1) 

Commission Directive 95/45/EC of 26 July 1995 laying down specific criteria of purity concerning colours for use in foodstuffs 
(OJ L 226, 22.09.1995, p. 1) 

European  Parliament  and  Council  Regulation  (EC)  No  2232/96  of  28  October  1996  laying  down  a  Community  procedure  for 
flavouring substances used or intended for use in or on foodstuffs (OJ L 299, 23.11.1996, p. 1) 

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a 
hormonal or thyrostatic action and of β-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 
23.5.1996, p. 3) 

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) 

Commission Directive 96/77/EC of 2 December 1996 laying down specific purity criteria on food additives other than colours and 
sweeteners (OJ L 339, 30.12.1996, p. 1) 

Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the 
Member States concerning foods and food ingredients treated with ionising radiation (OJ L 66,13.3.1999, p. 16) 

EN 

32 

EN 

 
  
– 

– 

– 

– 

– 

– 

– 

Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the establishment of a Community list 
of foods and food ingredients treated with ionising radiation (OJ L 66, 13.3.1999, p. 24) 

Commission  Decision  1999/217/EC  of  23  February  1999  adopting  a  register  of  flavouring  substances  used  in  or  on  foodstuffs 
drawn up in application of Regulation (EC) No 2232/96 of the European Parliament and of the Council (OJ L 84, 27.3.1999, p. 1) 

Commission Decision 2002/840/EC of 23 October 2002 adopting the list of approved facilities in third countries for the irradiation 
of foods (OJ L 287, 25.10.2002, p. 40) 

Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used 
or intended for use in or on foods (OJ L 309, 26.11.2003, 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) 

Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs 
(OJ L 364, 20.12.2006, p. 5) 

Commission Regulation (EC) No 884/2007 of 26 July 2007 on emergency measures suspending the use of E 128 Red 2G as food 
colour (OJ L 195, 27.7.2007, p. 8)" 

EN 

33 

EN 

 
  
B. 

The  part  relating  to  animal  by-products  not  intended  for  human  consumption  listed  in  Appendix  6  to  Annex  11  shall  be  replaced  by  the 
following: 

“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 

Equivalence 

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 
spongiform 
encephalopathies  (OJ  L  147,  31.5.2001,  p. 
1). 

transmissible 

Regulation  (EC)  No  1774/2002  of  the 
European Parliament and of the Council of 
3  October  2002  laying  down  health  rules 
concerning 
not 
intended  for  human  consumption  (OJ  L 
273, 10.10.2002, p. 1). 

by-products 

animal 

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

Ordinance of the DFE of 23 November 2005 on hygiene during the 
slaughter of livestock (OHyAb), (RS 817.190.1) 

Ordinance  of  27  June  1995  on  epizootic  diseases  (OFE),  (RS 
916.401) 

Yes, subject to special 
conditions 

Ordinance  of  18 April  2007  on  the  import,  transit  and  export  of 
animals and animal products (OITE), (RS 916.443.10)  

Ordinance  of  23  June  2004  on  the  elimination  of  animal  by-
products (OESPA), (RS 916.441.22) 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended before 30 June 2008. 

Special conditions 

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

EN 

34 

EN 

 
  
 
 
 
 
Trade in Category 1 and Category 2 materials shall be governed by the provisions of paragraphs 2 to 6 of Article 8 of Regulation (EC) No 1774/2002. 

Category 3 materials traded between the Member States of the Community and Switzerland must 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) No 1774/2002. 

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

In accordance with Chapter III of Regulation (EC) No 1774/2002, Switzerland shall prohibit the feeding of pigs with catering waste by 1 July 2011. 
This matter shall be examined by the Joint Veterinary Committee." 

EN 

35 

EN 

 
  
ANNEX VI 

Appendix 10 to Annex 11 is replaced as follows: 

"Appendix 10 

ANIMAL PRODUCTS: BORDER CHECKS AND INSPECTION FEES 

CHAPTER I 

General provisions 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

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); 

(EC)  No  178/2002  of 

Regulation 
the 
European Parliament and of the Council of 28 
January  2002 
the  general 
laying  down 
principles  and  requirements  of  food  law, 
establishing 
the  European  Food  Safety 
Authority  and  laying  down  procedures  in 
matters of food safety (OJ L 31, 1.2.2002, p. 
1). 

1.  Law  on  epizootic  diseases  (LFE)  of 
1 July 1966, (RS 916.40), and in particular 
Article 57 thereof ; 

2.  Ordinance of 18 April 2007 on the import, 
transit  and  export  of  animals  and  animal 
products (OITE), (RS 916.443.10); 

3.  Ordinance of 18 April 2007 on the import 
and transit of animal products by air from 
third countries (OITPA), (RS 916.443.13);

4.  Ordinance of the DFE of 16 May 2007 on 
controls  on  the  import  and  transit  of 
animals  and  animal  products  (Ordinance 
on controls, OITE), (RS 916.443.106); 

5.  Ordinance of 30 October 1985 on the fees 
levied  by  the  Federal  Veterinary  Office 
(OEVET), (RS 916.472). 

EN 

36 

   EN 

 
 
B. 

IMPLEMENTING RULES 

1. 

2. 

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

The Commission, in cooperation with the Federal Veterinary Office, shall integrate 
Switzerland into the rapid alert system provided for in Article 50 of Regulation (EC) 
No  178/2002  as  regards  the  provisions  relating  to  refusal  to  allow  entry  of  animal 
products at borders.  

The Commission shall immediately notify Switzerland of any rejection of a batch, a 
container  or  a  cargo  by  a  competent  authority  at  a  border  post  of  the  European 
Union. 

Switzerland  shall  immediately  notify  the  Commission  of  any  rejection  of  a  batch, 
container or cargo of food or feed by a competent authority at a border post on the 
grounds  of  a  direct  or  indirect  risk  to  human  health,  and  shall  comply  with  the 
confidentiality rules provided for in Article 52 of Regulation (EC) No 178/2002. 

The  special  measures  relating  to  this  participation  shall  be  established  by  the  Joint 
Veterinary Committee. 

EN 

37 

   EN 

 
CHAPTER II 

Veterinary checks applicable in trade between the Member States of the European 
Community and Switzerland 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2008. 

Veterinary  checks  applicable  in  trade  between  the  Member  States  of  the  European 
Community and Switzerland shall be carried out in accordance with the provisions below: 

European Community 

Switzerland 

1.  Council  Directive 

89/608/EEC 

of 
21 November  1989  on  mutual  assistance 
between  the  administrative  authorities  of 
the  Member  States  and  cooperation 
between the latter and the Commission to 
ensure 
of 
legislation  on  veterinary  and  zootechnical 
matters (OJ L 351, 2.12.1989, p. 34); 

application 

correct 

the 

2.  Council  Directive  89/662/EEC  of  11 
December  1989  concerning  veterinary 
checks  in  intra-Community  trade  with  a 
view  to  the  completion  of  the  internal 
market (OJ L 395, 30.12.1989, p. 13); 

3.  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). 

1.  Law  on  epizootic  diseases  (LFE)  of 
1 July 1966, (RS 916.40), and in particular 
Article 57 thereof ; 

2.  Ordinance of 18 April 2007 on the import, 
transit  and  export  of  animals  and  animal 
products (OITE), (RS 916.443.10); 

3.  Ordinance of 18 April 2007 on the import 
and transit of animal products by air from 
third countries (OITPA), (RS 916.443.13);

4.  Ordinance of the DFE of 16 May 2007 on 
controls  on  the  import  and  transit  of 
animals  and  animal  products  (Ordinance 
on controls, OITE), (RS 916.443.106); 

5.  Ordinance  of  18  April  2007  on  the 
importation  of  pet  animals  (OIAC),  (RS 
916.443.14); 

6.  Ordinance of 30 October 1985 on the fees 
levied  by  the  Federal  Veterinary  Office 
(OEVET), (RS 916.472). 

EN 

38 

   EN 

 
 
B. 

IMPLEMENTING RULES 

In the cases provided for in Article 8 of Directive 89/662/EEC, the competent authorities of 
the  place  of  destination  shall  contact  the  competent  authorities  of  the  place  of  dispatch 
without delay. They shall take all necessary measures and notify the competent authority of 
the place of dispatch and the Commission of the nature of the checks carried out, the decisions 
taken and the reasons for such decisions. 

The Joint Veterinary Committee shall be responsible for the application of the provisions of 
Articles  10,  11  and  16  of  Directive  89/608/EEC  and  Articles  9  and  16  of  Directive 
89/662/EEC. 

CHAPTER III 

Veterinary checks applicable to imports from third countries 

A. 

LEGISLATION* 

* 

Unless  indicated  otherwise,  any  reference  to  an  act  shall  mean  that  act  as  most 
recently amended. 

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

European Community 

Switzerland 

1.  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); 

2  Commission  Regulation 

(EC)  No 
745/2004  of  16  April  2004  laying  down 
measures  with  regard 
imports  of 
products  of  animal  origin  for  personal 
consumption (OJ L 122, 26.04.2004, p. 1);

to 

3.  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, p. 206); 

1.  Law  on  epizootic  diseases  (LFE)  of 
1 July 1966, (RS 916.40), and in particular 
Article 57 thereof ; 

2.  Ordinance of 18 April 2007 on the import, 
transit  and  export  of  animals  and  animal 
products (OITE), (RS 916.443.10); 

3.  Ordinance of 18 April 2007 on the import 
and transit of animal products by air from 
third countries (OITPA), (RS 916.443.13);

4.  Ordinance of the DFE of 16 May 2007 on 
controls  on  the  import  and  transit  of 
animals  and  animal  products  (Ordinance 
on controls, OITE), (RS 916.443.106); 

5.  Ordinance  of  18  April  2007  on  the 
importation  of  pet  animals  (OIAC),  (RS 
916.443.14). 

6.  Ordinance of 30 October 1985 on the fees 
levied  by  the  Federal  Veterinary  Office 
(OEVET), (RS 916.472); 

EN 

39 

   EN 

 
 
 
 
4.  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 
law, 
compliance  with  feed  and  food 
animal  health  and  animal  welfare  rules 
(OJ L 165, 30.4.2004, p. 1); 

5.  Council  Directive 

89/608/EEC 

of 
21 November  1989  on  mutual  assistance 
between  the  administrative  authorities  of 
the  Member  States  and  cooperation 
between the latter and the Commission to 
ensure 
of 
legislation  on  veterinary  and  zootechnical 
matters (OJ L 351, 2.12.1989, p. 34); 

application 

correct 

the 

7.  Law  of  9  October  1992  on  foodstuffs 

(LDA1), (RS 817.0); 

8.  Ordinance  of  23  November  2005  on 
products 

consumer 

foodstuffs 
(ODAlOUs), (RS 817.02); 

and 

9.  Ordinance  of  23  November  2005  on  the 
implementation  of  foodstuffs  legislation 
(RS 817.025.21); 

10. Ordinance of the DFI of 26 June 1995 on 
foreign  substances  and  components  in 
foodstuffs (OSEC), (RS 817.021.23). 

6.  Council  Directive  96/22/EC  of  29  April 
1996  concerning  the  prohibition  on  the 
use  in  stockfarming  of  certain  substances 
having  a  hormonal  or  thyrostatic  action 
and 
repealing 
Directives  81/602/EEC,  88/146/EEC  and 
88/299/EEC (OJ L 125, 23.5.1996, p. 3); 

β-agonists, 

and 

of 

7.  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 
and 
91/664/EEC (OJ L 125, 23.5.1996, p. 10); 

89/187/EEC 

Decisions 

1997 

laying 

8.  Council  Directive  97/78/EC  of  18 
December 
the 
principles  governing  the  organisation  of 
veterinary checks on products entering the 
Community from third countries (OJ L 24, 
30.1.1998, p. 9); 

down 

9.  Commission  Decision  of  12  August  2002 
implementing Council Directive 96/23/EC 
concerning  the  performance  of  analytical 
methods  and  the  interpretation  of  results 
(OJ L 221, 17.08.2002, p. 8); 

EN 

40 

   EN 

 
 
 
10. 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); 

11. Commission  Decision  2005/34/EC  of  11 
January  2005  laying  down  harmonised 
testing  for  certain 
standards  for 
residues  in  products  of  animal  origin 
imported  from  third  countries  (OJ  L  16, 
20.1.2005, p. 61). 

the 

B. 

IMPLEMENTING RULES 

1. 

For  the  purposes  of  implementing  Article  6  of  Directive  97/78/EEC,  the  border 
inspection posts for the Member States shall be: the border inspection posts approved 
for  veterinary  checks  on  animal  products  and  listed  in  the  Annex  to  amended 
Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border 
inspection posts approved for veterinary checks on animals and animal products from 
third countries and updating the detailed rules concerning the checks to be carried out 
by the experts of the Commission. 

2. 

For  the  purposes  of  implementing  Article  6  of  Directive  97/78/EEC,  the  border 
inspection posts for Switzerland shall be: 

Name 

TRACES code  Type

Inspection centre  Type of approval 

Zürich 
Airport 

Geneva 
Airport 

CHZRH4 

A 

Centre 1 

NHC* 

Centre 2 

HC(2)* 

CHGVA4 

A  Centre 1 

HC(2), NHC* 

* 

By  reference  to  the  approval  categories  defined  in  Commission  Decision 
2001/881/EC 

EN 

41 

   EN 

 
 
The Joint Veterinary Committee shall be responsible for any subsequent amendments 
to  the  list  of  border  inspection  posts,  their  inspection  centres  and  their  type  of 
approval. 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary Committee in accordance in particular with Article 45 of Regulation (EC) 
No 882/2004 and Article 57 of the Law on epizootic diseases. 

CHAPTER IV 

Health requirements and control requirements in trade between the European 
Community and Switzerland 

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  shall  be  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. 

For  the  other  sectors,  the  health  requirements  laid  down  in  Chapter  II  of  Appendix  6  shall 
continue to apply. 

CHAPTER V 

Health requirements and control requirements relating to imports from third countries 

1. 

European Community – Legislation* 

* 

Unless  indicated  otherwise,  any  reference  to  an  act  shall  mean  that  act  as 
amended before 30 June 2008. 

A. 

PUBLIC HEALTH MEASURES 

1. 

2. 

3. 

Council  Directive  88/344/EEC  of  13  June  1988  on  the  approximation  of  the 
laws  of  the  Member  States  on  extraction  solvents  used  in  the  production  of 
foodstuffs and food ingredients (OJ L 157, 24.6.1988, p. 28). 

Council  Directive  88/388/EEC  of  22  June  1988  on  the  approximation  of  the 
laws of the Member States relating to flavourings for use in foods and to source 
materials for their production (OJ L 184, 15.7.1988, p. 61). 

Council Directive 89/107/EEC of 21 December 1988 on the approximation of 
the laws of the Member States concerning food additives authorized for use in 
foodstuffs intended for human consumption (OJ L 40, 11.2.1989, p. 27). 

EN 

42 

   EN 

 
 
 
4. 

5. 

6. 

7. 

8. 

9. 

Council  Regulation  (EEC)  No  2377/90  of  26  June  1990  laying  down  a 
Community  procedure  for  the  establishment  of  maximum  residue  limits  of 
veterinary  medicinal  products  in  foodstuffs  of  animal  origin  (OJ  L  224, 
18.8.1990, p. 1). 

Council  Regulation  (EEC)  No  315/93  of  8  February  1993  laying  down 
Community procedures for contaminants in food (OJ L 37, 13.2.1993, p. 1). 

European Parliament and Council Directive 94/35/EC on sweeteners for use in 
foodstuffs (OJ L 237, 10.9.1994, p. 3). 

European  Parliament  and  Cpuncil  Directive  94/36/EC  of  30  June  1994  on 
colours for use in foodstuffs (OJ L 237, 10.9.1994, p. 13). 

European  Parliament  and  Council  Directive  95/2/EC  of  20  February  2005  on 
food additives other than colours and sweeteners (OJ L 61, 18.3.1995, p. 1). 

Commission Directive 95/31/EC of 5 July 1995 laying down specific criteria of 
purity concerning sweeteners for use in foodstuffs (OJ L 178, 28.7.1995, p. 1). 

10.  Commission Directive 95/45/EC of 26 July 1995 laying down specific criteria 
of purity concerning colours for use in foodstuffs (OJ L 226, 22.09.1995, p. 1). 

11.  Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the 
use  in  stockfarming  of  certain  substances  having  a  hormonal  or  thyrostatic 
action  and  of  β-agonists,  and  repealing  Directives  81/602/EEC,  88/146/EEC 
and 88/299/EEC (OJ L 125, 23.5.1996, p. 3). 

12.  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). 

13.  European Parliament and Council Regulation (EC) No 2232/96 of 28 October 
1996  laying  down  a  Community  procedure  for  flavouring  substances  used  or 
intended for use in or on foodstuffs (OJ L 299, 23.11.1996, p. 1). 

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43 

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14.  Commission  Directive  96/77/EC  of  2  December  1996  laying  down  specific 
purity criteria on food additives other than colours and sweeteners (OJ L 339, 
30.12.1996, p. 1). 

15.  Directive  1999/2/EC  of  the  European  Parliament  and  of  the  Council  of  22 
February  1999  on  the  approximation  of  the  laws  of  the  Member  States 
concerning  foods  and  food  ingredients  treated  with  ionising  radiation  (OJ  L 
66,13.3.1999, p. 16). 

16.  Directive  1999/3/EC  of  the  European  Parliament  and  of  the  Council  of  22 
February  1999  on  the  establishment  of  a  Community  list  of  foods  and  food 
ingredients treated with ionising radiation (OJ L 66, 13.3.1999, p. 24). 

17.  Commission Decision 1999/217/EC of 23 February 1999 adopting a register of 
flavouring  substances  used  in  or  on  foodstuffs  drawn  up  in  application  of 
Regulation  (EC)  No  2232/96  of  the  European  Parliament  and  of  the  Council 
(OJ L 84, 27.3.1999, p. 1). 

18.  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). 

19.  Commission  Decision  2002/840/EC  of  23  October  2002  adopting  the  list  of 
approved  facilities  in  third  countries  for  the  irradiation  of  foods  (OJ  L  287, 
25.10.2002, p. 40). 

20.  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). 

21.  Regulation (EC) No 2065/2003 of the European Parliament and of the Council 
of 10 November 2003 on smoke flavourings used or intended for use in or on 
foods (OJ L 309, 26.11.2003, p. 1). 

22.  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). 

23.  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. 14). 

EN 

44 

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24.  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, p. 206). 

25.  Commission  Decision  2005/34/EC  of  11  January  2005 

laying  down 
harmonised standards for the testing for certain residues in products of animal 
origin imported from third countries (OJ L 16, 20.1.2005, p. 61). 

26.  Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down 
the  methods  of  sampling  and  analysis  for  the  official  control  of  the  levels  of 
mycotoxins in food (OJ L 70, 9.3.2006, p. 12). 

27.  Commission  Regulation  (EC)  No  1881/2006  of  19  December  2006  setting 
maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, 
p. 5). 

28.  Commission  Regulation  (EC)  No  1883/2006  of  19  December  2006  laying 
down  methods  of  sampling  and  analysis  for  the  official  control  of  levels  of 
dioxins  and  dioxin-like  PCBs  in  certain  foodstuffs  (OJ  L  364,  20.12.2006, 
p. 32). 

29.  Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the 
methods of sampling and analysis for the official control of the levels of lead, 
cadmium,  mercury,  inorganic  tin,  3-MCPD  and  benzo(a)pyrene  in  foodstuffs 
( OJ L 88, 29.3.2007, p. 29). 

30.  Commission  Regulation  (EC)  No  884/2007  of  26  July  2007  on  emergency 
measures  suspending  the  use  of  E  128  Red  2G  as  food  colour  (OJ  L  195, 
27.7.2007, p. 8). 

B. 

ANIMAL HEALTH RULES 

1. 

2. 

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(1) to Directive 89/662/EEC 
and,  as  regards  pathogens,  in  Directive  90/425/EEC  (OJ  L  62,  15.3.1993,  p. 
49). 

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). 

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45 

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3. 

4. 

5. 

* 

1. 

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). 

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). 

Council  Directive  2006/88/EC  of  24  October  2006  on  animal  health 
requirements  for  aquaculture  animals  and  products  thereof,  and  on  the 
prevention  and  control  of  certain  diseases  in  aquatic  animals  (OJ  L  328, 
24.11.2006, p.14). 

C. 

OTHER SPECIFIC MEASURES* 

Unless  indicated  otherwise,  any  reference  to  an  act  shall  mean  that  act  as 
amended before 30 June 2008. 

Interim  Agreement  on  trade  and  customs  union  between  the  European 
Economic  Community  and  the  Republic  of  San  Marino  -  Joint  Declaration  - 
Declaration by the Community (OJ L 359, 9.12.1992, p. 14). 

2.  Decision 94/1/EC of the Council and the Commission of 13 December 1993 on 
the conclusion of the Agreement on the European Economic Area between the 
European Communities, their Member States and the Republic of Austria, the 
Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, 
the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation 
(OJ L 1, 3.1.1994, p. 1). 

3. 

4. 

5. 

Council  Decision  97/132/EC  of  17  December  1996  on  the  conclusion  of  the 
Agreement  between  the  European  Community  and  New  Zealand  on  sanitary 
measures  applicable  to  trade  in  live  animals  and  animal  products  (OJ  L  57, 
26.2.97, p. 4). 

Council Decision 97/345/EC of 17 February 1997 concerning the conclusion of 
a Protocol on veterinary matters supplementary to the Agreement in the form 
of an exchange of letters between the European Economic Community and the 
Principality of Andorra (OJ L 148, 6.6.1997, p. 15). 

Council  Decision  98/258/EC  of  16  March  1998  on  the  conclusion  of  the 
Agreement  between  the  European  Community  and  the  United  States  of 
America  on  sanitary  measures  to  protect  public  and  animal  health  in  trade  in 
live animals and animal products (OJ L 118, 21.4.1998, p. 1). 

EN 

46 

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6. 

7. 

8. 

9. 

Council Decision 98/504/EC of 29 June 1998 concerning the conclusion of the 
Interim  Agreement  on  trade  and  trade-related  matters  between  the  European 
Community, of the one part, and the United Mexican States, of the other part 
(OJ L 226, 13.8.1998, p. 24). 

Council Decision 1999/201/EC of 14 December 1998 on the conclusion of the 
Agreement between the European Community and the Government of Canada 
on sanitary measures to protect public and animal health in respect of trade in 
live animals and animal products (OJ L 71, 18.3.1999, p. 1). 

Council  Decision  1999/778/EC  of  15  November  1999  concerning  the 
conclusion  of  a  Protocol  on  veterinary  matters  supplementing  the  Agreement 
between  the  European  Community,  of  the  one  part,  and  the  Government  of 
Denmark and the Home Government of the Faroe Islands, of the other part (OJ 
L 305, 30.11.1999, p. 25). 

Protocol  1999/1130/EC  on  veterinary  matters  supplementing  the  Agreement 
between  the  European  Community,  of  the  one  part,  and  the  Government  of 
Denmark and the Home Government of the Faroe Islands, of the other part (OJ 
L 305, 30.11.1999, p. 26). 

10.  Council  Decision  2002/979/EC  of  18  November  2002  on  the  signature  and 
provisional  application  of  certain  provisions  of  an  Agreement  establishing  an 
association  between  the  European  Community  and  its  Member  States,  of  the 
one part, and the Republic of Chile, of the other part (OJ L 352, 30.12.2002, p. 
1). 

2. 

Switzerland – Legislation* 

* 

Unless  indicated  otherwise,  any  reference  to  an  act  shall  mean  that  act  as 
amended before 30 June 2008. 

A.  Ordinance  of  18 April  2007  on  the  import,  transit  and  export  of  animals  and 

animal products (OITE), (RS 916.443.10); 

B.  Ordinance of 18 April 2007 on the import and transit of animal products by air 

from third countries (OITPA). 

3. 

Implementing rules 

A.  The  Federal  Veterinary  Office  shall  apply,  simultaneously  with  the  Member 
States,  the  import  conditions  referred  to  in  point  I  of  this  Appendix,  the 
implementing  measures  and  the  lists  of  establishments  from  which  the 
corresponding  imports  are  authorised.  This  undertaking  shall  apply  to  all  the 
relevant acts, irrespective of their date of adoption. 

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47 

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The  Federal  Veterinary  Office  may  adopt  more  restrictive  measures  and 
demand  additional  guarantees.  Consultations  shall  be  held  within  the  Joint 
Veterinary Committee to find suitable solutions. 

The Federal Veterinary Office and the Member States shall notify each other of 
the  specific  import  conditions  established  bilaterally  which  have  not  been 
harmonised at Community level. 

B.  The Member States' border inspection posts mentioned at point B.1) of Chapter 
III  of  this  Appendix  shall  check  imports  from  third  countries  destined  for 
Switzerland in accordance with the provisions of point A of Chapter III of this 
Appendix. 

C.  The  Swiss  border  inspection  posts  mentioned  at  point  B.2)  of  Chapter  III  of 
this  Appendix  shall  check  imports  from  third  countries  destined  for  the 
Member States in accordance with the provisions of point A of Chapter III of 
this Appendix. 

D. 

Pursuant to the Ordinance of 18 April 2007 on the import and transit of animal 
products  by  air  from  third  countries  (OITPA),  (RS  916.443.13),  the  Swiss 
Confederation shall retain the possibility of importing bovine meat from cattle 
potentially  treated  with  hormonal  growth  promoters.  The  exportation  of  such 
meat  to  the  European  Community  shall  be  prohibited.  In  addition,  the  Swiss 
Confederation shall: 

– 

– 

– 

– 

– 

confine the use of such meat to direct selling by retail establishments to 
consumers under appropriate labelling conditions; 

allow  such  meat  to  be  introduced  into  Switzerland  only  through  Swiss 
border inspection posts, and  

maintain  an  appropriate  traceability  and  channelling  system  to  prevent 
any  possibility  of  such  meat  being  subsequently  introduced  into  the 
territory of the Member States; 

present annually a report to the Commission on the origin and destination 
of  the  imports,  plus  an  account  of  the  checks  carried  out  to  ensure 
compliance with the conditions listed above; 

where there are concerns, these provisions shall be examined by the Joint 
Veterinary Committee. 

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48 

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CHAPTER VI 

Fees 

1. 

2. 

No  fees  shall  be  charged  for  veterinary  checks  carried  out  in  trade  between  the 
Member States of the European Community and Switzerland. 

For  veterinary  checks  on  imports  from  third  countries,  the  Swiss  authorities 
undertake  to  collect  the  official  control  fees  provided  for  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)." 

EN 

49 

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