2009/13/EC: 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 23 December 2008 regarding the amendment of Appendices 2, 3, 4, 5, 6 and 10 to Annex 11 to the Agreement
Date: 2008-12-23
Institutions: Joint Committee
Subjects: Switzerland, animal breeding, animal health, animal product, food consumption, health legislation, live animal, tariff quota, trade agreement (EU), zootechnics

10.1.2009

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ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

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

of 23 December 2008

THE JOINT COMMITTEE,

(2009/13/EC)

(5)

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

Whereas:

(1)

(2)

(3)

(4)

The Agriculture Agreement
1 June 2002.

entered into force on

Under Article 19(1) of Annex 11 to the Agriculture
Agreement, the Joint Veterinary Committee is responsible
for considering any matter arising in connection with the
said Annex and its implementation, and for the tasks
provided for
that Annex
therein. Article 19(3) of
authorises the Joint Veterinary Committee to amend
the appendices thereto,
in particular with a view to
their adaptation and updating.

first

The Appendices
to Annex 11 to the Agriculture
time by
Agreement were
the
amended for
Decision No 2/2003 of the Joint Veterinary Committee
set up by the Agreement between the European
Community and the Swiss Confederation on trade in
agricultural products of 25 November 2003 amending
Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to
the Agreement (1).

(6)

(7)

the

Joint Veterinary Committee

to Annex 11 to the Agriculture
The Appendices
Agreement were last amended by Decision No 1/2006
of
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 to the Agreement (2).

(1) OJ L 23, 28.1.2004, p. 27.
(2) OJ L 32, 6.2.2007, p. 91.

of

the

the

Council

entering

Directive

provisions

The Swiss Confederation (hereinafter referred to as ‘Swit­
zerland’) has undertaken to incorporate into its national
legislation
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 (3),
97/78/EC
of
18 December 1997 laying
down the principles
governing the organisation of veterinary checks on
from third
products
countries (4),
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 (5), Regulation (EC) No 882/2004 of the
European
of
and
29 April 2004 on official controls performed to ensure
the verification of compliance with feed and food law,
animal health and animal welfare rules (6), and all the
implementation in the
provisions adopted for
their
control of
into the
European Union.

from third countries

2002/99/EC

Community

Parliament

Directive

imports

Council

Council

the

of

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
the
Article 50 of Regulation (EC) No 178/2002 of
European
of
Council
and
28 January 2002 laying down the general principles
and
the
food
European Food Safety Authority and laying down
procedures in matters of food safety (7).

requirements

establishing

Parliament

law,

the

of

of

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.

(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 24, 30.1.1998, p. 9.
(5) OJ L 18, 23.1.2003, p. 11.
(6) OJ L 165, 30.4.2004, p. 1.
(7) OJ L 31, 1.2.2002, p. 1.

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Article 4

This Decision shall enter into force on the day of the entry into
force of the Agreement between the European Community and
the Swiss Confederation amending Annex 11 to the Agreement
between the European Community and the Swiss Confederation
on trade in agricultural products (hereinafter the ‘Annex 11
Agreement’).

the Annex 11 Agreement

If
this
Decision shall also be applied provisionally as from the same
date pending the entry into force of the Agreement.

is applied provisionally,

Article 5

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

Signed at Paris,
on 23 December 2008.
On behalf of the Swiss
Confederation
The Head of Delegation

Signed at Paris,
on 23 December 2008.
On behalf of the European
Community
The Head of Delegation

Hans WYSS

Paul VAN GELDORP

(8)

(9)

Switzerland has undertaken to incorporate into its
national
legislation the provisions of Regulation (EC)
No 998/2003 of the European Parliament and of the
animal health
Council of 26 May 2003 on the
non-commercial
applicable
requirements
movement of pet animals (1).

the

to

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

legislation

Swiss

force

and

in

HAS DECIDED AS FOLLOWS:

Article 1

Appendix 2 to Annex 11 to the Agriculture Agreement shall be
amended in accordance with Annex I to this Decision.

Article 2

Appendices 3, 4, 5, 6 and 10 to Annex 11 to the Agriculture
Agreement shall be amended in accordance with Annexes II
to VI to this Decision.

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.

(1) OJ L 146, 13.6.2003, p. 1.

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Appendix 2 to Annex 11 is supplemented as follows:

ANNEX I

‘X. Non-commercial movements of pet animals

A. LEGISLATION (*)

Community

Switzerland

the

Regulation (EC) No 998/2003 of
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).

B. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

1. The identification system shall be the one provided for in Regulation (EC) No 998/2003.

2. The validity of the anti-rabies vaccination and, if relevant, of the revaccination shall be recognised in accordance
with the recommendations of the laboratory of manufacture and 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 valid (1).

3. The passport to be used is that provided for in Commission Decision 2003/803/EC of 26 November 2003

establishing a model passport for the intra-Community movements of dogs, cats and ferrets (2).

4. 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.’.

(*) Unless indicated otherwise, any reference to an act shall mean that act as amended before 30 June 2008.
(1) OJ L 31, 4.2.2005, p. 61.
(2) 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

A. Ungulates, excluding Equidae

I. Community — Legislation (*)

Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and
through the Community of certain live ungulate animals, amending Directives 90/426/EEC and
transit
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).

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 26.6.1990 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).

H. Other live animals

1. 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).

2. 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).

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

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I. Other specific provisions

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).

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).

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

(RS 916.443.10);

II. Switzerland — Legislation (*)

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

7. 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 of the Community, the import
conditions set out in the acts mentioned 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 require additional guarantees. Consultations
shall be held within the Joint Veterinary Committee to find suitable solutions.

The Federal Veterinary Office and the Member States of the Community 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.’.

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

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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 (*)

Community

Switzerland

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).

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

zootechnical

Council Directive 88/661/EEC of 19 December 1988 on
to breeding
the
animals of the porcine species (OJ L 382, 31.12.1988,
p. 36).

applicable

standards

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).

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).

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).

Council Directive 90/427/EEC of 26 June 1990 on the
conditions governing
zootechnical
intra-Community
224,
18.8.1990, p. 55).

and genealogical
trade

equidae

(OJ

in

L

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).

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

pure-bred

animals

and

of

Council Directive 94/28/EC of 23 June 1994 laying
down the principles relating to the zootechnical and
from
genealogical
conditions applicable
third countries of
and
their
animals,
and amending Directive 77/504/EEC on
embryos,
pure-bred breeding animals of the bovine species (OJ
L 178, 12.7.1994, p. 66).

to imports
semen, ova

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

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B. Implementing rules

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

Community

Switzerland

Commission Decision 2004/292/EC of 30 March 2004
on the
the TRACES system and
amending Decision 92/486/EEC (OJ L 94, 31.3.2004,
p. 63).

introduction of

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 (OITE),
(RS 916.443.10);

4. Ordinance of 18 April 2007 on the import and
from third countries

transit of animals by air
(OITA), (RS 916.443.12);

5. Ordinance of 18 April 2007 on the import and
from third

animal products by

transit of
countries (OITPA), (916.443.13);

air

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

(Ordinance

controls,

on

7. Ordinance of 18 April 2007 on the importation of

pet animals (OIAC), (RS 916.443.14).

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

B. IMPLEMENTING RULES

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 Community and
Switzerland

Veterinary and zootechnical checks applicable in trade between the Member States of the Community and Swit­
zerland shall be carried out in accordance with the provisions of the following acts:

A. LEGISLATION (*)

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

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Community

Switzerland

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

legislation

veterinary

on

of

veterinary

2. Council Directive 90/425/EEC of 26 June 1990
concerning
checks
and
applicable in intra-Community trade in certain live
animals and products with a view to the completion
of the internal market (OJ L 224, 18.8.1990, p. 29).

zootechnical

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

(Ordinance

controls,

on

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).

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 of

the Community 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 corre­

sponding Annex shall be:

SWITZERLAND

CANTON OF ZÜRICH

CANTON OF BERN/BERNE

CANTON OF LUZERN

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CANTON OF URI

CANTON OF SCHWYZ

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.

3. In the case of grazing between the Member States of the Community 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;

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(b) examine the animals within 48 hours prior to their departure for the grazing ground; the animals must be

duly identified;

(c)

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

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

5. 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
in the same way as any holder originating in a Member State or

level,

measures introduced at local
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.

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 point 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.

8. As an exception to the rules on grazing in points 1 to 7, in the case of daily grazing between the Member States

of the Community and Switzerland:

(a)

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

(b) the holders of such animals shall undertake to inform the competent veterinary authority of any contact

between their animals and animals from another holding;

(c)

the health certificate set out in point 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:

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

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CHAPTER III

Conditions applying to trade between the Community and Switzerland

A. LEGISLATION

For trade in live animals and their semen, ova and embryos between the Community and Switzerland, and for the
grazing of bovine animals in border areas between the 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).

CHAPTER IV

Veterinary checks applicable to imports of animals from third countries

A. LEGISLATION (*)

Checks on imports from third countries shall be carried out in accordance with the provisions of the following acts:

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, 19.2.2004, 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);

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
from third countries

transit of animals by air
(OITA), (RS 916.443.12);

3. Ordinance of 18 April 2007 on the import and
from third

animal products by

transit of
countries (OITPA), (RS 916.443.13);

air

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

entering

animals

checks

on

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

(Ordinance

controls,

on

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

88/146/EEC

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 Decisions 89/187/EEC and 91/664/EEC (OJ
L 125, 23.5.1996, p. 10);

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).

6. Commission

for

Decision

97/794/EC

of
12 November 1997 laying down certain detailed
rules
application of Council Directive
91/496/EEC as regards veterinary checks on live
animals
imported from third countries
(OJ L 323, 26.11.1997, p. 31).

to be

the

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

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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

CHZRH4

Geneva Airport

CHGVA4

A

A

Centre 3

Centre 2

O - Other
animals) (1)

O - Other
animals) (1)

animals

(including

zoo

animals

(including

zoo

(1) By reference to the approval categories defined in Commission Decision 2001/881/EC.

The Joint Veterinary Committee shall be responsible for any subsequent amendments to the list of border
inspection posts, their inspection centres and their types 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 of the Community, 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. Consul­
tations shall be held within the Joint Veterinary Committee to find suitable solutions.

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

4. The Member States' border inspection posts referred to in point 1 shall check imports from third countries

destined for Switzerland in accordance with point A of Chapter IV of this Appendix.

5. The Swiss border inspection posts mentioned in point 2 shall check imports from third countries destined for the

Member States of the Community in accordance with point A of Chapter IV of this Appendix.

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CHAPTER V

Specific provisions

A. IDENTIFICATION OF ANIMALS

1. LEGISLATION (*)

Community

Switzerland

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

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

2. Regulation (EC) No 1760/2000 of

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

repealing

products

beef

and

2. Ordinance of 23 November 2005 on the database on

animal movements (RS 916.404).

2. SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

a. 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.

b. 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.

c. 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.

B. PROTECTION OF ANIMALS

1. LEGISLATION (*)

Community

Switzerland

1. Council

No

1/2005

Regulation

of
(EC)
22 December 2004 on the protection of animals
during
and
amending Directives 64/432/EEC and 93/119/EC
and Regulation (EC) No 1255/97 (OJ
L 3,
5.1.2005, p. 1);

operations

transport

related

and

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

and

in

2. Council

No

Regulation

of
(EC)
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,
2.7.1997, p. 1).

1255/97

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.

a.

b.

c.

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

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d. 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).

e.

1.

2.

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 only take place by rail or aircraft. This matter shall
be examined by the Joint Veterinary Committee.

C. FEES

No fees shall be charged for veterinary checks carried out in trade between the Member States of the
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).’

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ANNEX V

A. The special conditions relating to animal products for human consumption listed in Chapter I of Appendix 6 to

Annex 11 are supplemented as follows:

‘(11) Pending recognition of the alignment of Community legislation and Swiss legislation,

for exports to the

Community Switzerland shall monitor compliance with the following acts and their implementing rules:

— 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 authorised 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 of 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 of the Council on colours for use in foodstuffs

(OJ L 237, 10.9.1994, p. 13)

— Directive 95/2/EC of the European Parliament and of 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, 22.9.1995, 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
and repealing

certain substances having a hormonal or
Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 23.5.1996, p. 3)

action and of β-agonists,

thyrostatic

— 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 approx­
imation of the laws of the Member States concerning foods and food ingredients treated with ionising
radiation (OJ L 66, 13.3.1999, p. 16)

— Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the estab­
lishment 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)

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— 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)’.

B. In Appendix 6 to Annex 11, the part relating to animal by-products not intended for human consumption is replaced

by the following:

‘Animal by-products not intended for human consumption

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

Trade conditions

Equivalence

EC standards (*)

Swiss standards (*)

of

(EC) No

999/2001

Regulation
the
European Parliament and of the Council of
the
22 May 2001 laying down rules for
prevention,
of
eradication
certain transmissible spongiform encephalo­
pathies (OJ L 147, 31.5.2001, p. 1).

control

and

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
273,
consumption
human
10.10.2002, p. 1).

(OJ

L

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

Yes, subject to special
conditions

of

the

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

livestock

DFE

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

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 elimi­
nation of
(OESPA),
animal by-products
(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.

Trade in Category 1 and Category 2 materials shall be governed by 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.’

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Appendix 10 to Annex 11 is replaced as follows:

ANNEX VI

‘Appendix 10

ANIMAL PRODUCTS: BORDER CHECKS AND INSPECTION FEES

CHAPTER I

General provisions

A. LEGISLATION (*)

Community

Switzerland

Commission Decision 2004/292/EC of 30 March 2004
on the
the TRACES system and
amending Decision 92/486/EEC (OJ L 94, 31.3.2004,
p. 63);

introduction of

the

European
Regulation (EC) No 178/2002 of
Parliament and of
the Council of 28 January 2002
laying down the general principles and requirements of
food law,
the European Food Safety
Authority and laying down procedures in matters of
food safety (OJ L 31, 1.2.2002, p. 1).

establishing

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
from third

transit of
countries (OITPA), (RS 916.443.13);

animal products by

air

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

controls, OITE),

(Ordinance

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

1. The Commission, in cooperation with the Federal Veterinary Office, shall integrate Switzerland into the TRACES

system, in accordance with Commission Decision 2004/292/EC.

B. IMPLEMENTING RULES

2. 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 Community.

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 Swiss 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.

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

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CHAPTER II

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

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

A. LEGISLATION (*)

Community

Switzerland

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

legislation

veterinary

on

of

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
from third

animal products by

transit of
countries (OITPA), (RS 916.443.13);

air

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

controls, OITE),

(Ordinance

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).

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 (**)

Checks on imports from third countries shall be carried out in accordance with the provisions of the following acts:

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);

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);

(*) Unless indicated otherwise, any reference to an act shall mean that act as amended before 30 June 2008.
(**) Unless indicated otherwise, any reference to an act shall mean that act as most recently amended.

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Community

Switzerland

2. 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);

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);

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

rules

5. Council Directive 89/608/EEC of 21 November
1989 on mutual assistance between the administra­
tive authorities of the Member States and cooper­
ation between the latter and the Commission to
legislation on
ensure the correct application of
veterinary and zootechnical matters (OJ L 351,
2.12.1989, p. 34);

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

β-agonists,

thyrostatic

3. Ordinance of 18 April 2007 on the import and
from third

transit of animal products by air
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
(RS
916.443.106);

(Ordinance on controls, OITE),

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
(RS
by the Federal Veterinary Office (OEVET),
916.472);

7. Law of 9 October 1992 on foodstuffs (LDA1), (RS

817.0);

8. Ordinance of 23 November 2005 on foodstuffs and

consumer products (ODAlOUs), (RS 817.02);

9. Ordinance of 23 November 2005 on the implemen­
tation 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).

to monitor

7. Council Directive 96/23/EC of 29 April 1996 on
and
measures
residues
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);

certain substances

in live

animals

thereof

8. Council Directive 97/78/EC of 18 December 1997
laying down the principles governing the organi­
sation of veterinary checks on products entering
the Community from third countries (OJ L 24,
30.1.1998, p. 9);

9. Commission Decision 2002/657/EC of 12 August
2002 implementing Council Directive 96/23/EC
concerning the performance of analytical methods
(OJ L 221,
and the
17.8.2002, p. 8);

interpretation of

results

10. Council Directive 2002/99/EC of 16 December
2002 laying
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);

down the

11. 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).

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B. IMPLEMENTING RULES

1. For the purposes of implementing Article 6 of Directive 97/78/EEC, the border inspection posts for the Member
States of the Community 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

CHZRH4

A

Centre 1

Centre 2

NHC (*)

HC(2) (*)

Geneva Airport

CHGVA4

A

Centre 1

HC(2), NHC (*)

(*) By reference to the approval categories defined in Commission Decision 2001/881/EC.

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

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

CHAPTER IV

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.

Health requirements and control requirements relating to imports from third countries

CHAPTER V

1. Community — Legislation (*)

A. PUBLIC HEALTH MEASURES

1. 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).

2. 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).

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

4. 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).

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

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5. 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).

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

10.9.1994, p. 3).

7. European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs (OJ

L 237, 10.9.1994, p. 13).

8. European Parliament and Council Directive 95/2/EC of 20 February 1995 on food additives other than

colours and sweeteners (OJ L 61, 18.3.1995, p. 1).

9. 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, 22.9.1995, 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).

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 approx­
imation 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 estab­
lishment 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).

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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. 55).

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
inorganic tin, 3-MCPD and

lead, cadmium, mercury,

analysis for the official control of the levels of
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. 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).

2. 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).

3. Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying
intended for human consumption (OJ L 273,

down health rules concerning animal by-products not
10.10.2002, p. 1).

4. 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).

5. 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 (*)

1. 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).
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(*) Unless indicated otherwise, any reference to an act shall mean that act as amended before 30 June 2008.

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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. 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, 26.2.1997, p. 4).

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).

5. 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).

6. 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).

7. 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).

8. 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).

9. 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 (*)

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 of the Community, the
import conditions set out in the legislation referred to in point I of this Appendix, the implementing
measures and the lists of establishments from which the corresponding imports are authorised. This under­
taking 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 of the Community shall notify each other of the specific
import conditions established bilaterally, which have not been harmonised at Community level.

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

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

C. The Swiss border inspection posts mentioned in point B.2 of Chapter III of this Appendix shall check imports
from third countries destined for the Member States of the Community in accordance with 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), Switzerland shall retain the possibility of importing bovine meat from
cattle potentially treated with hormonal growth promoters. The exportation of such meat to the Community
shall be prohibited. In addition, Switzerland 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 of the Community;

— present twice a year 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 in the foregoing
indents;

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

CHAPTER VI

Fees

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

and Switzerland.

2. 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).’.