Proposal for a COUNCIL DECISION on the European Union position on Decision No 1/2012 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 1, 2, 3, 5, 6 and 10 of Annex 11 (presented by the Commission)
Date: 2012-11-27
Institutions: European Commission
Subjects: Switzerland, agricultural product, animal health, cattle, import (EU), protection of animals, swine, trade agreement (EU), veterinary inspection

EUROPEAN 
COMMISSION 

Brussels, 27.11.2012  
COM(2012) 696 final 

2012/0326 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the European Union position on Decision No 1/2012 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 1, 2, 3, 5, 6 and 10 of Annex 11  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

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

A number of legislative provisions have been amended or updated since the last amendment 
to  the  appendices  of  Annex  11  to  the  Agriculture  Agreement.  In  particular,  the  legislation 
affecting animal by-products not intended for human consumption has been revised. 

Legislation on the protection of animals at the time of slaughter has been updated and Council 
Regulation  (EC)  No  1099/2009  of  24 September  2009  will  enter  into  force  at  the  start  of 
2013.  For  animal  products  exported  to  the  EU,  third  countries  are  required  to  meet 
requirements which are at least equivalent to those set out in the Regulation. Switzerland has 
adopted legislation equivalent to that of the European Union. 

Since its entry into force, the legislative provisions of Appendices 1, 2, 5, 6 and 10 of Annex 
11 to the Agriculture Agreement have been amended. 

The  provisions  of  Appendices  1,  2,  5,  6  and  10  of  Annex  11  to  the  Agriculture  Agreement 
should be adopted accordingly. 

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 thereto, in particular with a view to adapting 
and updating them. 

The European Union must adopt the position it is to take in the Joint Veterinary Committee 
regarding necessary amendments to Annex 11. Under the first subparagraph of Article 5(2) of 
Decision  2002/309/EC,  Euratom,  the  European  Union’s  position  must  be  adopted  by  the 
Council on a proposal from the Commission. 

Decision  No  1/2012  of  the  Joint  Veterinary  Committee  will  be  published  in  the  Official 
Journal of the European Union. 

* * * 

EN 

2 

   EN 

2012/0326 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the European Union position on Decision No 1/2012 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 1, 2, 3, 5, 6 and 10 of Annex 11  

(presented by the Commission) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 207(4) and 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

The  first  subparagraph  of  Article  5(2)  of  Decision  2002/309/EC1,  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  for the  European  Union’s  position  within  the 
Joint  Veterinary  Committee  to  be  adopted  by  the  Council  on  a  proposal  from  the 
Commission. 

The  Agreement  of  21  June  1999  between  the  European  Community  and  the  Swiss 
Confederation  on  trade  in  agricultural  products2,  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. 

(4) 

The European Union must adopt the position it is to take within the Joint Veterinary 
Committee regarding necessary amendments, 

1 
2 

OJ L 114, 30.4.2002, p. 1. 
OJ L 114, 30.4.2002, p. 132. 

EN 

3 

   EN 

                                                 
HAS ADOPTED THIS DECISION: 

Article 1 

The position to be adopted by the European Union within 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 amending of Appendices 
1, 2, 3, 5, 6 and 10 of Annex 11 shall be based on the draft Decision of the Joint Veterinary 
Committee annexed to this Decision. 

Article 2 

Decision No 1/2012 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  1,  2,  3,  5,  6  and  10  of  Annex  11  to  the  Agreement  shall  be 
published in the Official Journal of the European Union as soon as it has been adopted. 

Article 3 

Decision No 1/2012 of the Joint Veterinary Committee created by an Agreement between the 
European  Community  and  the  Swiss  Confederation  on  trade  in  agricultural  products  shall 
enter into force on 1 January 2013. 

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN 

 
 
Proposal for 

DECISION NO 1/2012 OF THE JOINT VETERINARY COMMITTEE 

CREATED BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY 

AND THE SWISS CONFEDERATION 

ON TRADE IN AGRICULTURAL PRODUCTS 

of… 2012 

regarding the amendment of Appendices 1, 2, 3, 5, 6 and 10 to Annex 11 

THE COMMITTEE, 

(2012/…/EU) 

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) 

(4) 

(5) 

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  of  Annex  11  to  the  Agriculture  Agreement  were  amended  for  the 
first time by Decision No 2/2003 of the Joint Veterinary Committee set up under the 
Agreement between the European Community and the Swiss Confederation on trade 
in  agricultural  products  of  25  November  2003  regarding  the  amendment  of 
Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement1. 

The  appendices  of  Annex  11  to  the  Agriculture  Agreement  were  last  amended  by 
Decision No 1/2010 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 2010 regarding the amendment of appendices 1, 
2, 5, 6, 10 and 11 of Annex 112. 

A  number  of  legislative  provisions  have  been  amended  or  updated  since  the  last 
amendment  to  the  appendices  of  Annex  11  to  the  Agricultural  Agreement.  In 
particular,  the  legislation  affecting  animal  by-products  not  intended  for  human 
consumption has been revised. 

1 
2 

OJ L 23, 28.01.2004, p. 27. 
OJ L 338, 22.12.2010, p. 50. 

EN 

5 

   EN 

                                                 
(6) 

Legislation  on  the  protection  of  animals  at  the  time  of  slaughter  has  been  updated 
and Council Regulation (EC) No 1099/2009 of 24 September 2009 enters into force 
at  the  start  of  2013.  For  animal  products  exported  to  the  EU,  third  countries  are 
required  to  meet  requirements  which  are  at  least  equivalent  to  those  set  out  in  the 
Regulation.  Switzerland  has  adopted  legislation  equivalent  to  that  of  the  European 
Union. 

(7) 

Appendices  1,  2,  3,  5,  6  and  10  of  Annex  11  to  the  said  Agreement  should  be 
amended accordingly, 

HAS ADOPTED THIS DECISION: 

Article 1 

Appendices  1,  2,  3,  5,  6  and  10  to  Annex  11  to  the  Agreement  between  the  European 
Community  and  the  Swiss  Confederation  on  trade  in  agricultural  products  are  amended  in 
accordance with the provisions in Annexes I 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 contracting parties. 

Article 2 

This Decision shall enter into force on 1 January 2013. 

Article 3 

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

Article 4 

Signed at Bern, … 

Signed at Brussels … 

On behalf of the Swiss Confederation 

On behalf of the European Commission 

The Head of Delegation 

The Head of Delegation 

EN 

_____________ 

6 

   EN 

 
 
I. 

* 

ANNEX I 

Section II. Classical swine fever, Appendix 1 of Annex 11 shall be replaced as 
follows: 

II. Classical swine fever 

A. 

LEGISLATION* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

Council Directive 2001/89/EC of 23 October 
2001 on Community measures for the control 
of classical swine fever (OJ L 316, 1.12.2001, 
p. 5). 

1.  Law of 1 July 1966 on epizootic diseases 
(LFE; RS 916.40), in particular Articles 1, 
1a  and  9a  (measures  against  highly 
contagious  epizootic  diseases,  control 
(technical 
57 
objectives) 
implementing  provisions, 
international 
cooperation); 

and 

that 

2.  Ordinance  of  27  June  1995  on  epizootic 
diseases  (OFE;  RS  916.401),  and  in 
particular  Articles  2  (highly  contagious 
epizootic diseases), 40 to 47 (disposal and 
use  of  waste),  49  (handling  micro-
organisms 
for 
(cleaning  and 
animals),  73  and  74 
(common 
98 
to 
disinfection), 
provisions  concerning  highly  contagious 
epizootic  diseases)  and  116 
to  121 
(detection  of  swine  fever  at  slaughter, 
specific measures to combat  swine fever) 
thereof; 

are  pathogenic 

77 

3.  Ordinance  of  14  June  1999  on 

the 
organisation  of  the  Département  fédéral 
de  l’économie  (Federal  Department  of 
Economic 
(OrgDFE; 
Affairs), 
RS 172.216.1),  in  particular  Article  8 
thereof (reference laboratory); 

4.  Ordinance  of  25 May  2011  on 

the 
disposal  of  animal  by-products  (OESPA; 
RS 916.441.22). 

EN 

7 

   EN 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

The  Commission  and  the  Federal  Veterinary  Office  shall  notify  each  other  of  any 
intention to carry out emergency vaccinations. Consultations shall be held as soon as 
possible within the Joint Veterinary Committee. 

If  necessary,  pursuant  to  Article 117(5)  of  the  Ordinance  on  epizootic  diseases,  the 
Federal  Veterinary  Office  shall  lay  down  technical  implementing  rules  on  the 
marking and treatment of meat coming from protection and surveillance zones. 

Pursuant  to  Article  121  of  the  Ordinance  on  epizootic  diseases,  Switzerland  has  a 
plan  to  eradicate  classical  swine  fever  in  wild  pigs  in  accordance  with  Articles  15 
and 16 of Directive 2001/89/EEC. 

Pursuant to Article 97 of the Ordinance on epizootic diseases, Switzerland has drawn 
up  an emergency warning plan, published  on  the website of the Federal Veterinary 
Office. 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary  Committee  in  accordance  in  particular  with  Article  21  of  Directive 
2001/89/EEC and Article 57 of the Law on epizootic diseases. 

If  necessary,  pursuant  to  Article 89(2)  of  the  Ordinance  on  epizootic  diseases,  the 
Federal Veterinary Office shall lay down technical implementing rules on serological 
checks on pigs in protection and surveillance zones in accordance with Chapter IV of 
the Annex to Decision 2002/106/EC (OJ L 39, 9.2.2002, p. 71). 

The joint reference laboratory for classical swine fever shall be The joint reference 
laboratory  for  classical  swine  fever  shall  be  the  Institut  für  Virologie  der 
Tierärztlichen  Hochschule  Hannover,  15  Bünteweg  17,  D-30559,  Hanover, 
Germany. Switzerland shall pay the costs for which it is liable for operations carried 
out by the laboratory in that capacity. The functions and tasks of the laboratory shall 
be as laid down in Annex IV to Directive 2001/89/EC." 

EN 

8 

   EN 

II. 

Section III. African swine fever, Appendix 1 of Annex 11 shall be replaced as 
follows: 

"III. African swine fever 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

Council  Directive  2002/60/EC  of  27  June 
2002 laying down specific provisions for the 
control of African swine fever and amending 
Directive  92/119/EEC  as  regards  Teschen 
disease  and  African  swine  fever  (OJ L 192, 
20.7.2002, p. 27). 

1.  Law of 1 July 1966 on epizootic diseases 
(LFE; RS 916.40), in particular Articles 1, 
1a  and  9a  (measures  against  highly 
contagious  epizootic  diseases,  control 
(technical 
objectives) 
57 
implementing  provisions, 
international 
cooperation); 

and 

that 

2.  Ordinance  of  27  June  1995  on  epizootic 
diseases  (OFE;  RS  916.401),  and  in 
particular  Articles  2  (highly  contagious 
epizootic diseases), 40 to 47 (disposal and 
use  of  waste),  49  (handling  micro-
organisms 
for 
(cleaning  and 
animals),  73  and  74 
disinfection), 
(common 
98 
to 
provisions  concerning  highly  contagious 
to  121 
epizootic  diseases)  and  116 
(detection  of  swine  fever  at  slaughter, 
specific  measures to  combat swine  fever) 
thereof; 

are  pathogenic 

77 

3.  Ordinance  of  14  June  1999  on 

the 
organisation  of  the  Département  fédéral 
de  l’économie  (Federal  Department  of 
(OrgDFE; 
Affairs), 
Economic 
RS 172.216.1),  in  particular  Article  8 
thereof (reference laboratory); 

4.  Ordinance  of  25  May  2011  on 

the 
disposal  of  animal  by-products  (OESPA; 
RS 916.441.22). 

EN 

9 

   EN 

1. 

2. 

3. 

4. 

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

The  EU  reference  laboratory  for  African  swine  fever  shall  be  the  Centro  de 
Investigación  en  Sanidad  Animal,  28130  Valdeolmos,  Madrid,  Spain.  Switzerland 
shall pay the costs for which it is liable for operations carried out by the laboratory in 
that  capacity.  The  functions  and  tasks  of  the  laboratory  shall  be  as  laid  down  in 
Annex V to Directive 2002/60/EC. 

Pursuant  to  Article  97  of  the  Ordinance  on  epizootic  diseases,  Switzerland  has 
established  an  emergency  warning  plan,  published  on  the  website  of  the  Federal 
Veterinary Office. 

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

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

EN 

10 

   EN 

III. 

Section VI. Newcastle disease, Appendix 1 of Annex 11 shall be replaced as follows: 

"VI. Newcastle disease 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

Council Directive 92/66/EEC of 14 July 1992 
introducing  Community  measures  for  the 
control  of  Newcastle  disease  (OJ  L  260, 
5.9.1992, p. 1). 

1.  Law of 1 July 1966 on epizootic diseases 
(LFE; RS 916.40), in particular Articles 1, 
1a  and  9a  (measures  against  highly 
contagious  epizootic  diseases,  control 
(technical 
57 
objectives) 
implementing  provisions, 
international 
cooperation); 

and 

(LFE;  RS 916.401),  and 

2.  Ordinance  of  27  June  1995  on  epizootic 
diseases 
in 
particular  Articles  2  (highly  contagious 
epizootic diseases), 40 to 47 (disposal and 
use  of  waste),  49  (handling  of  micro-
organisms  which  are  pathogenic 
for 
(cleaning  and 
animals),  73  and  74 
(common 
98 
to 
disinfection), 
provisions  concerning  highly  contagious 
diseases),  122  to  125  (specific  measures 
concerning Newcastle disease); 

77 

3.  Ordinance  of  14  June  1999  on 

the 
organisation  of  the  Département  fédéral 
de  l’économie  (Federal  Department  of 
Economic 
(OrgDFE; 
Affairs), 
RS 172.216.1),  in  particular  Article  8 
thereof (reference laboratory); 

4.  Instruction  (technical  directive)  of  the 
Federal Veterinary Office of 20 June 1989 
on combating paramyxovirosis in pigeons 
(Bulletin of the Federal Veterinary Office, 
No 90(13), p.113 (vaccination, etc.)). 

5.  Ordinance  of  25  May  2011  on 

the 
disposal  of  animal  by-products  (OESPA; 
RS 916.441.22). 

EN 

11 

   EN 

1. 

2. 

3. 

4. 

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

The  EU  reference  laboratory  for  Newcastle  disease  shall  be  the  Central  Veterinary 
Laboratory,  New  Haw,  Weybridge,  Surrey  KT15  3NB,  United  Kingdom. 
Switzerland shall pay the costs for which it is liable for operations carried out by the 
laboratory in that capacity. The functions and tasks of the laboratory shall be as laid 
down in Annex V to Directive 92/66/EEC. 

Pursuant  to  Article  97  of  the  Ordinance  on  epizootic  diseases,  Switzerland  has 
established  a  contingency  plan,  which  is  published  on  the  website  of  the  Federal 
Veterinary Office. 

The information provided for in Articles 17 and 19 of Directive 92/66/EEC shall be 
the responsibility of the Joint Veterinary Committee. 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary  Committee  in  accordance  in  particular  with  Article  22  of  Directive 
92/66/EC and Article 57 of the Law on epizootic diseases." 

EN 

12 

   EN 

IV. 

Section VIII: Transmissible spongiform encephalopathies, Appendix 1 of Annex 11 
is replaced as follows: 

"VIII. Transmissible spongiform encephalopathies 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

(EC)  No  999/2001  of 

the 
Regulation 
European Parliament and of the Council of 22 
May  2001 
the 
prevention, control and eradication of certain 
transmissible  spongiform  encephalopathies 
(OJ L 147, 31.5.2001, p. 1) 

laying  down 

rules 

for 

1.  Ordinance  of  23  April  2008  on  plant 
protection 
in 
particular  Article  184  thereof  (stunning 
procedures); 

RS 455.1), 

(OPAn; 

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

3.  Law of 9 October 1992 on foodstuffs and 
consumer products (LDAl; RS 817.0), and 
in  particular  Articles  24  (Inspection  and 
sampling), 40 (Inspection of foodstuffs); 

of 

4.  Ordinance  of  23  November  2005  on 
(RS 
animal 
foodstuffs 
817.022.108), and in particular Articles 4 
and  7  thereof  (parts  of  the  carcass  which 
may not be used); 

origin 

(patents), 

5.  Ordinance  of  27  June  1995  on  epizootic 
diseases  (OFE;  RS  916.401),  and  in 
particular  Articles  6  (definitions  and 
abbreviations), 
61 
36 
(obligation to report), 130 (surveillance of 
Swiss 
181 
spongiform 
(transmissible 
(internal 
encephalopathies), 
implementation),  301 
the 
canton  veterinarian),  303  (training  and 
further training of veterinary officials) and 
312 (diagnostic laboratories); 

297 
(duties  of 

livestock), 

175 

to 

feedingstuffs 

6.  Ordinance  of  10  June  1999  on 

the 
catalogue  of 
(OLALA; 
RS 916.307.1),  and  in  particular  Article 
28 
for 
productive  animals),  Annex  1,  Part  9 
(products  of  land  animals),  Part  10  (fish, 

(transport  of 

feedingstuffs 

EN 

13 

   EN 

other  marine  animals  and  their  products 
and  by-products),  and  Annex  4  (list  of 
banned substances); 

7.  Ordinance  of  25  May  2011  on 

the 
disposal  of  animal  by-products  (OESPA; 
RS 916.441.22). 

1. 

2. 

3. 

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

The EU reference laboratory for transmissible spongiform encephalopathies (TSEs) 
shall be the Veterinary Laboratories Agency (VLA), New Haw, Weybridge, Surrey 
KT 15 3NB, United Kingdom. Switzerland shall pay the costs for which it is liable 
for operations carried out by the laboratory in that capacity. The functions and tasks 
of the laboratory shall be as laid down in Chapter B of Annex X to Regulation (EC) 
No 999/2001. 

Pursuant  to  Article  57  of  the  Ordinance  on  epizootic  diseases,  Switzerland  has 
established an emergency plan for implementing measures to combat TSEs. 

Under  Article 12  of  Regulation  (EC)  No 999/2001,  any  animal  suspected  of  being 
infected by a TSE in the Member States of the European Union shall be placed under 
an  official  movement  restriction  until  the  results  of  a  clinical  and  epidemiological 
examination  carried  out  by  the  competent  authority  are  known,  or  sacrificed  for 
laboratory examination under official control. 

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

Under Article 10 of the Ordinance on epizootic diseases, Switzerland has introduced 
a  permanent  identification  system  for  bovine  animals  enabling  them  to  be  traced 
back to the dam and herd of origin and making it possible to establish that they are 
not the progeny of BSE suspect females or BSE confirmed bovine animals. 

Pursuant  to  Article  179c  of  the  Ordinance  on  epizootic  diseases,  Switzerland 
slaughters  animals  infected  with  BSE,  at  the  latest  by  the  end  of  the  production 
phase, all animals of the bovine species born between one year before and one year 
after the birth of the contaminated animal and which, over this period of time, were 
part of the herd, and all the direct descendants of the contaminated cows born in the 
two years which preceded the diagnosis. 

4. 

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

– 

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

EN 

14 

   EN 

– 

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

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

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

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

Under  Article 7  of  Regulation  (EC)  No 999/2001,  the  Member  States  of  the  EU 
prohibit the feeding of processed animal proteins to farmed animals which are kept, 
fattened  or  bred  for  the  production  of  food.  There  is  a  total  prohibition  on  feeding 
proteins derived from animals to ruminants in the EU Member States. 

Under  Article  27  of  the  Ordinance  on  the  elimination  of  animal  by-products 
(OESPA),  Switzerland  has  introduced  a  total  prohibition  on  the  feeding  of  animal 
protein to farmed animals. 

Under Article 6 of Regulation (EC) No 999/2001 and in accordance with Chapter A 
of  Annex III  to  that  Regulation,  the  EU  Member  States  are  to  introduce  an  annual 
BSE monitoring programme. This plan includes a rapid BSE test for all cattle more 
than 24 months old subject to emergency slaughter, animals which have died on the 
farm or found to be ill during the ante mortem inspection and all animals more than 
30 months old slaughtered for human consumption. 

The  rapid  BSE  tests  used  by  Switzerland  are  listed  in  Chapter  C  of  Annex X  to 
Regulation (EC) No 999/2001. 

Under Article 179 of the Ordinance on epizootic diseases, Switzerland is to carry out 
a compulsory rapid BSE test for all bovine animals more than 30 months old subject 
to emergency slaughter, animals which have died on the farm or been found to be ill 
during  the  ante  mortem  inspection  and  all  animals  more  than  30  months  old 
slaughtered for human consumption. 

5. 

6. 

7. 

Under Article 6 of Regulation (EC) No 999/2001 and in accordance with Chapter A 
of  Annex III  to  that  Regulation,  the  EU  Member  States  are  to  introduce  an  annual 
monitoring programme for scrapie. 

In  application  of  the  provisions  of  Article  177  of  the  Ordinance  on  epizootic 
diseases,  Switzerland  has  introduced  a  TSE  monitoring  programme  for  ovine  and 
caprine animals more than 12 months old. Animals which are subject to emergency 
slaughter, have died on the farm or have been found to be ill during the ante mortem 

EN 

15 

   EN 

8. 

9. 

1. 

2. 

inspection and all animals slaughtered for human consumption were examined over 
the period from June 2004 to July 2005. As all the samples tested negative for BSE, 
samples  for  monitoring  purposes  are  taken  from  clinical  suspect  animals,  animals 
subject to emergency slaughter and animals which died on the farm. 

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

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

On-the-spot  inspections  are  carried  out  under  the  responsibility  of  the  Joint 
Veterinary Committee in accordance in particular with Article 21 of Regulation (EC) 
No 999/2001 and Article 57 of the Law on epizootic diseases. 

C. 

ADDITIONAL INFORMATION 

From 1 January 2003, and pursuant to the  Ordinance of 10 November 2004 on  the 
allocation of contributions to cover the costs of eliminating animal waste in 2003 (RS 
916.407), Switzerland has introduced a financial incentive for farms on which bovine 
animals  are  born  and  slaughterhouses  where  they  are  slaughtered,  provided  they 
comply with the procedures for declaring animal movements as provided for in the 
legislation in force. 

Under Article 8 of Regulation (EC) No 999/2001 and in accordance with point 1 of 
Annex XI  to  that  Regulation,  the  Member  States  of  the  European  Union  are  to 
remove and destroy specified risk materials (SRMs). 

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

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

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

EN 

16 

   EN 

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

3. 

Regulation (EC) No 1069/2009 of the European Parliament and of the Council and 
Commission Regulation (EU) No 142/2011 lay down health rules concerning animal 
by-products  not  intended  for  human  consumption  in  the  Member  States  of  the 
European Union. 

Under  Article  22  of  the  Ordinance  on  the  elimination  of  animal  by-products, 
Switzerland  is  to  incinerate  category  1  animal  by-products, including specified  risk 
materials and animals which have died on the farm." 

EN 

17 

   EN 

Appendix 2 of Annex 11 shall be replaced as follows: 

ANNEX II 

"Appendix 2 

Animal health: Trade and placing on the market 

I. BOVINE ANIMALS AND SWINE 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

Council  Directive  64/432/EEC  of  26  June 
1964  on  animal  health  problems  affecting 
intra-Community trade in bovine animals and 
swine (OJ L 121, 29.7.1964, p. 1977/64). 

fever),  135 

1.  Ordinance  of  27  June  1995  on  epizootic 
diseases  (OFE;  RS  916.401),  and  in 
particular  Articles  27  to  31  (markets, 
exhibitions),  34  to  37  (trade),  73  and  74 
(cleaning  and  disinfection),  116  to  121 
(African  swine 
to  141 
(Aujeszky's  disease),  150  to  157  (bovine 
brucellosis),  158  to  165  (tuberculosis), 
166 to 169 (enzootic bovine leucosis), 170 
to 174 (IBR/IPV), 175 to 195 (spongiform 
encephalopathies),  186  to  189  (bovine 
genital  infections),  207  to  211  (porcine 
brucellosis),  297  (approval  of  markets, 
assembly  centres  and  disinfection  points) 
thereof 

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

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

1. 

2. 

Pursuant to the first paragraph of Article 297 of the Ordinance on epizootic diseases, 
the Federal Veterinary Office shall approve assembly centres as defined in Article 2 
of  Directive  64/432/EEC.  For  the  purposes  of  this  Annex,  in  accordance  with 
Articles 11, 12 and 13 of Directive 64/432/EEC, Switzerland shall draw up a list of 
its approved assembly centres, transporters and traders. 

The  information  provided  for  in  Article  11(3)  of  Directive  64/432/EEC  shall  be 
submitted to the Joint Veterinary Committee. 

EN 

18 

   EN 

3. 

For the purposes of this Annex, Switzerland is recognised as fulfilling the conditions 
laid down in Annex A(II)(7) to Directive 64/432/EEC as regards bovine brucellosis. 
In  order  to  maintain  its  status  as  having  an  officially  brucellosis-free  bovine  herd, 
Switzerland undertakes to meet the following conditions: 

a) 

b) 

any animal of the bovine species suspected of being infected with brucellosis 
shall  be  reported  to  the  competent  authorities  and  the  animal  concerned  shall 
undergo  the  official  tests  for  brucellosis,  comprising  at  least  two  serological 
tests  with  complement  fixation  and  a  microbiological  examination  of  suitable 
samples taken in cases of abortion; 

until such time as suspicion of the disease is lifted, i.e. when the tests provided 
for  in  point (a)  have  produced  negative  results,  the  officially  brucellosis-free 
status  of  the  herd  to  which  the  animal  (or  animals)  of  the  bovine  species 
suspected of infection belongs shall be suspended. 

Detailed information concerning herds testing positive and an epidemiological report 
shall  be  submitted  to  the  Joint  Veterinary  Committee.  If  any  of  the  conditions  laid 
down  in  the  first  subparagraph  of  Annex  A(II)(7)  to  Directive  64/432/EEC  is  not 
fulfilled by Switzerland, the Federal Veterinary Office shall immediately notify the 
Commission.  The  situation  shall  be  considered  within  the  Joint  Veterinary 
Committee with a view to reviewing this paragraph. 

4. 

For the purposes of this Annex, Switzerland is recognised as fulfilling the conditions 
laid down in Annex A(I)(4) to Directive 64/432/EEC as regards bovine tuberculosis. 
In order to maintain its status as having an officially tuberculosis-free bovine herd, 
Switzerland undertakes to meet the following conditions: 

a) 

b) 

c) 

d) 

e) 

f) 

an identification system shall be introduced allowing each bovine animal to be 
traced back to its herd of origin; 

all slaughtered animals shall undergo a post mortem inspection carried out by 
an official veterinarian; 

any  suspected  cases  of  tuberculosis  in  live,  dead  or  slaughtered  animals  shall 
be reported to the competent authorities; 

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

the  competent  authorities  shall  have  a 

the officially tuberculosis-free status of the herds of origin and transit herds to 
which the bovine animal suspected of infection belong shall be suspended until 
clinical,  laboratory  or  tuberculin  tests  have  confirmed  that  no  bovine 
tuberculosis is present; 

where  tuberculin,  clinical  or  laboratory  tests  confirm  that  tuberculosis  is 
present, the officially tuberculosis-free status of the herds of origin and transit 
herds shall be withdrawn; 

EN 

19 

   EN 

g) 

officially tuberculosis-free status shall  not be  established  until  all  the  animals 
suspected of being infected have been removed from the herd, the premises and 
equipment have been disinfected, and all the remaining animals aged over six 
weeks have reacted negatively to at least two official intradermal injections of 
tuberculin pursuant to Annex B to Directive 64/432/EEC, the first being carried 
out  at  least  six  months  after  the  infected  animals  has  left  the  herd  and  the 
second at least six months after the first. 

Detailed  information  on  the  infected  herds  and  an  epidemiological  report  shall  be 
submitted  to  the  Joint Veterinary Committee. If any of the conditions laid down in 
the first subparagraph of Annex A(II)(4) to Directive 64/432/EEC is not fulfilled by 
Switzerland, the Federal Veterinary Office shall immediately notify the Commission. 
The situation shall be considered within the Joint Veterinary Committee with a view 
to reviewing this paragraph. 

5. 

For the purposes of this Annex Switzerland is recognised as fulfilling the conditions 
laid  down  in  Chapter  I.F  of  Annex  D  to  Directive  64/432/EEC  as  regards  enzootic 
bovine leucosis. In order to maintain its status as having an officially enzootic bovine 
leucosis-free herd, Switzerland undertakes to meet the following conditions: 

a) 

b) 

c) 

the Swiss herd shall be monitored by sampling checks. The size of the sample 
shall be such that it can be declared with 99% reliability that less than 0.2% of 
herds are infected with enzootic bovine leucosis; 

all slaughtered animals shall undergo a post mortem inspection carried out by 
an official veterinarian; 

any suspected cases of enzootic bovine leucosis found in clinical examinations, 
autopsies or checks on meat shall be reported to the competent authorities; 

d)  where  enzootic  bovine  leucosis  is  suspected  or  found  to  be  present,  the 
officially leucosis-free status of the herd shall be suspended until the isolation 
period is terminated; 

e) 

the  isolation  period  shall  be  terminated  when,  after  the  infected  animals  and, 
where  appropriate,  their  calves  have  been  eliminated,  two  serological 
examinations  carried  out  at  an  interval  of  at  least  90  days  have  produced 
negative results. 

If enzootic bovine leucosis has been found in 0.2% of herds, the Federal Veterinary 
Office  shall  immediately  notify  the  Commission.  The  situation  shall  be  considered 
within the Joint Veterinary Committee with a view to reviewing this paragraph. 

6. 

For  the  purposes  of  this  Annex,  Switzerland  is  recognised  as  officially  free  from 
infectious  bovine  rhinotracheitis.  In  order  to  maintain  that  status,  Switzerland 
undertakes to meet the following conditions: 

a) 

the Swiss herd shall be monitored by sampling checks. The size of the sample 
shall be such that it can be declared with 99% reliability that less than 0.2 % of 
herds are infected with infectious bovine rhinotracheitis; 

EN 

20 

   EN 

b) 

c) 

breeding  bulls  aged  over  24  months  shall  undergo  an  annual  serological 
examination; 

any suspected cases of infectious bovine rhinotracheitis shall be reported to the 
competent authorities and the animals concerned shall undergo official tests for 
infectious bovine rhinotracheitis, comprising virological or serological tests; 

d)  where infectious bovine rhinotracheitis is suspected or found to be present, the 
officially infection-free status of the herd shall be suspended until the isolation 
period is terminated; 

e) 

the isolation period shall be terminated when a serological examination carried 
out  at  least  30  days  after  the  infected  animals  have  been  eliminated  produces 
negative results. 

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

The  Federal  Veterinary  Office  shall  immediately  notify  the  Commission  of  any 
change in the conditions on which recognition of that status is based. The situation 
shall be considered within the Joint Veterinary Committee with a view to reviewing 
this paragraph. 

7. 

For  the  purposes  of  this  Annex,  Switzerland  is  recognised  as  officially  free  from 
Aujeszky's disease. In order to maintain that status, Switzerland undertakes to meet 
the following conditions: 

a) 

b) 

the Swiss herd shall be monitored by sampling checks. The size of the sample 
shall be such that it can be declared with 99% reliability that less than 0.2% of 
herds are infected with Aujeszky's disease; 

any  suspected  cases  of  Aujeszky's  disease  shall  be  reported  to  the  competent 
authorities  and  the  animals  concerned  shall  undergo  official  tests  for 
Aujeszky's disease including virological or serological tests; 

c)  where  Aujeszky's  disease  is  suspected  or  found  to  be  present,  the  officially 
infection-free status of the herd shall be suspended until the isolation period is 
terminated; 

d) 

isolation  shall  be  terminated  when,  after  the  infected  animals  have  been 
eliminated,  two  serological  examinations  of  all  breeding  animals  and  a 
representative number of fattening animals carried out at an interval of least 21 
days have produced negative results. 

By  virtue  of  the  recognised  status  of  Switzerland,  the  provisions  of  Decision 
2008/185/EC (OJ L 59, 4.3.2008, p. 19), last amended by Decision 2010/434/EC (OJ 
L 208, 7.8.2010, p. 5) shall apply mutatis mutandis. 

The  Federal  Veterinary  Office  shall  immediately  notify  the  Commission  of  any 
change in the conditions on which recognition of that status is based. The situation 
shall be considered within the Joint Veterinary Committee with a view to reviewing 
this paragraph. 

EN 

21 

   EN 

8. 

9. 

10. 

11. 

The  question  of  possible  additional  guarantees  concerning 
transmissible 
gastroenteritis  of  pigs  (TGE)  and  porcine  reproductive  and  respiratory  syndrome 
(PRRS) shall be considered as soon as possible by the Joint Veterinary Committee. 
The Commission shall inform the Federal Veterinary Office of any developments on 
this matter. 

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

The  Centre  pour  les  zoonoses,  les  maladies  bactériennes  chez  l'animal  et  la 
résistance  aux  antibiotiques  (ZOBA)  shall  be  responsible  for  the  official  testing  of 
antigens (brucellosis) in Switzerland in accordance with Annex C(A)(4) to Directive 
64/432/EEC. 

Bovine animals and swine traded between the Member States of the European Union 
and Switzerland shall be accompanied by health certificates in accordance with the 
models set out in Annex F to Directive 64/432/EEC. The following adaptations shall 
apply: 

–  Model 1: in section C, the certifications are adapted as follows: 

– 

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

«– 

disease: infectious bovine rhinotracheitis, 

– 

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

–  Model 2: in section C, the certifications are adapted as follows: 

– 

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

«–  Aujeszky's disease 

– 

in  accordance  with  Commission  Decision  2008/185/EC,  which 
shall apply mutatis mutandis;’’ 

12. 

For the purposes of applying this Annex, bovine animals traded between the Member 
States  of  the  European  Union  and  Switzerland  must  be  accompanied  by  additional 
health certificates containing the following health declarations: “– 

" -  Bovine animals: 

– 

are  identified  by  a  permanent  identification  system  enabling  them  to  be 
traced  back  to  the  dam  and  herd  of  origin  and  making  it  possible  to 
establish  that  they  are  not  the  progeny  of  BSE  suspect  or  confirmed 
females born during the two years preceding the diagnosis; 

EN 

22 

   EN 

– 

do  not  come  from  herds  where  a  suspected  case  of  BSE  is  under 
investigation; 

– 

were born after 1 June 2001." 

EN 

23 

   EN 

II. SHEEP AND GOATS 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

Council  Directive  91/68/EEC  of  28  January 
1991  on  animal  health  conditions  governing 
intra-Community  trade  in  ovine  and  caprine 
animals (OJ L 46, 19.2.1991, p. 19). 

1.  Ordinance  of  27  June  1995  on  epizootic 
diseases  (OFE;  RS  916.401),  and  in 
particular  Articles  27  to  31  (markets, 
exhibitions),  34  to  37  (trade),  73  and  74 
(cleaning  and  disinfection),  142  to  149 
(rabies), 158 to 165 (tuberculosis), 166 to 
169  (scrapie),  190  to  195  (ovine  and 
to 
caprine 
199 
196 
brucellosis), 
(contagious  agalactia),  200 
to  203 
(caprine arthritis/encephalitis), 233 to 235 
(brucellosis in rams) and 297 (approval of 
markets, 
and 
disinfection points) thereof. 

assembly 

centres 

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

1. 

2. 

3. 

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary  Committee  in  accordance  in  particular  with  Article  11  of  Directive 
91/68/EEC and Article 57 of the Law on epizootic diseases. 

Should  ovine  and  caprine  brucellosis  appear  or  reappear,  Switzerland  shall  inform 
the Joint Veterinary Committee so that the necessary measures can be taken in line 
with developments in the situation. 

For  the  purposes  of  this  Annex,  Switzerland  is  recognised  as  officially  free  from 
ovine  and  caprine  brucellosis.  In  order  to  maintain  that  status,  Switzerland 
undertakes  to  implement  the  measures  provided  for  in  point  II(2)  of  Chapter I  of 
Annex A to Directive 91/68/EEC. 

Bovine  and  caprine  animals  traded  between  the  Member  States  of  the  European 
Union  and  Switzerland  shall  be  accompanied  by  health  certificates  in  accordance 
with the models set out in Annex E to Directive 91/68/EEC. 

EN 

24 

   EN 

III. EQUIDAE 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

Council  Directive  2009/156/EC  of  30 
November  2009  on  animal  health  conditions 
governing  the  movement  and  import  from 
third  countries  of  equidae 
(OJ  L 192, 
23.07.2010, p. 1); 

1.  Ordinance  of  27  June  1995  on  epizootic 
diseases  (OFE;  RS  916.401),  and  in 
particular  Articles  112  to  115  (African 
horse  disease),  204  to  206  (dourine, 
encephalomyelitis, 
infectious  anaemia, 
glanders),  and  240  to  244  (contagious 
equine metritis) thereof. 

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

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

1. 

2. 

3. 

4. 

For  the  purposes  of  Article  3  of  Directive  2009/156/EC,  information  shall  be 
submitted to the Joint Veterinary Committee. 

For  the  purposes  of  Article  6  of  Directive  2009/156/EC,  information  shall  be 
submitted to the Joint Veterinary Committee. 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary  Committee  in  accordance  in  particular  with  Article  10  of  Directive 
2009/156/EEC and Article 57 of the Law on epizootic diseases. 

Annexes  II  and  III  to  Directive  2009/156/EEC  shall  apply  mutatis  mutandis  to 
Switzerland. 

EN 

25 

   EN 

IV. POULTRY AND HATCHING EGGS 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

Council  Directive  2009/158/EC  of  30 
November  2009  on  animal  health  conditions 
governing  intra-Community  trade  in,  and 
imports  from  third  countries  of  poultry  and 
hatching eggs (OJ L 343, 22.12.2009, p. 74). 

1.  Ordinance  of  27  June  1995  on  epizootic 
diseases  (OFE;  RS  916.401),  and  in 
particular  Articles  25  (transport),  122  to 
influenza  and  Newcastle 
125 
(Salmonella 
disease),  255 
enteritidis)  and  262 
(avian 
infectious laryngotracheitis) thereof. 

to  261 

to  265 

(avian 

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

1. 

2. 

3. 

4. 

5. 

6. 

7. 

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

For the purposes of Article 3 of Directive 2009/158/EEC, Switzerland shall submit a 
plan  to  the  Joint  Veterinary  Committee  setting  out  the  measures  it  intends  to 
implement for the approval of its establishments. 

For  the  purposes  of  Article  4  of  Directive  2009/158/EC,  the  national  reference 
laboratory  for  Switzerland  shall  be  the  Institut  de  Bactériologie  Vétérinaire  of  the 
University of Bern. 

The  requirement  concerning  eggs  held  prior  to  consignment  in  the  first  indent  of 
Article 8(a)(i) of Directive 2009/158/EC shall apply mutatis mutandis to Switzerland. 

For  consignments  of  hatching  eggs  to  the  European  Union,  the  Swiss  authorities 
undertake to comply with the rules on marking laid down in Commission Regulation 
(EC)  No  617/2008  of  27  June  2008  laying  down  detailed  rules  for  implementing 
Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching 
and farmyard poultry chicks (OJ L 168, 28.6.2008, p. 5). 

The  holding  requirement  specified  in  Article 10(a)  of  Directive  2009/158/EC  shall 
apply mutatis mutandis to Switzerland. 

The  holding  requirement  specified  in  Article 11(a)  of  Directive  2009/158/EC  shall 
apply mutatis mutandis to Switzerland. 

The  requirement  concerning  eggs  held  prior  to  consignment  in  the  first  indent  of 
Article  14(2)(a)  of  Directive  2009/158/EC  shall  apply  mutatis  mutandis  to 
Switzerland. 

EN 

26 

   EN 

8. 

9. 

10. 

11. 

For  the  purposes  of  this  Annex,  Switzerland  is  recognised  as  meeting  the 
requirements  of  Article 15(2)  of  Directive  2009/158/EC  with  regard  to  Newcastle 
disease  and  therefore  shall  have  the  status  of  not  vaccinating  against  Newcastle 
disease. The Federal Veterinary Office shall immediately notify the Commission of 
any  change  in  the  conditions  on  which  recognition  of  that  status  is  based.  The 
situation  shall  be  considered  within  the  Joint  Veterinary  Committee  with  a  view  to 
reviewing this paragraph. 

references 

The 
Directive 2009/158/EC shall apply mutatis mutandis to Switzerland. 

the  Member  State 

the  name  of 

to 

in  Article 18  of 

Poultry and hatching eggs traded between the Member States of the European Union 
and  Switzerland  shall be accompanied  by health certificates in accordance with  the 
models set out in Annex IV to Directive 2009/158/EC. 

In  the  case  of  consignments  from  Switzerland  to  Finland  or  Sweden,  the  Swiss 
authorities undertake to supply the guarantees concerning salmonella required under 
EU legislation. 

EN 

27 

   EN 

V. AQUACULTURE ANIMALS AND PRODUCTS 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

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). 

(registration  of 

1.  Ordinance  of  27  June  1995  on  epizootic 
diseases (OFE; RS 916.401), in particular 
Articles  3  and  4  (epizootic  diseases 
concerned),  18a 
fish 
breeding units), 61 (obligations of leasers 
of fishing rights and of bodies responsible 
for monitoring fishing), 62 to 76 (general 
measures  for  combating  disease),  275  to 
290  (specific  measures  relating  to  fish 
diseases, diagnostic laboratory). 

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  animals  by  air  from  third 
countries (OITA; RS 916.443.12). 

1. 

2. 

3. 

4. 

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

For  the  purposes  of  this  Annex,  Switzerland  is  recognised  as  officially  free  from 
infectious  salmon  anaemia)  and  infections  with  Marteilia  refringens  and  Bonamia 
ostreae. 

The Joint Veterinary Committee shall decide on any application of Articles 29, 40, 
41, 43, 44 and 50 of Directive 2006/88/EC. 

The  animal  health  conditions  for  the  placing  on  the  market  of  ornamental  aquatic 
animals, aquaculture animals intended for farming, including relaying areas, put and 
take fisheries and open ornamental facilities, and restocking, and aquaculture animals 
and products thereof intended for human consumption are laid down in Articles 4 to 
9  of  Commission  Regulation  (EC)  No  1251/2008  of  12  December  2008 
implementing Council Directive 2006/88/EC as regards conditions and certification 
requirements  for  the  placing  on  the  market  and  the  import  into  the  Community  of 
aquaculture animals and products thereof and laying down a list of vector species (OJ 
L 337, 16.12.2008, p. 41). 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary  Committee  in  accordance  in  particular  with  Article  58  of  Directive 
2006/88/EEC and Article 57 of the Law on epizootic diseases. 

EN 

28 

   EN 

VI. BOVINE EMBRYOS 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

Council  Directive  89/556/EEC  of  25 
September  1989  on  animal  health  conditions 
in 
intra-Community 
governing 
importation  from  third  countries  of  embryos 
of domestic animals of the bovine species (OJ 
L 302, 19.10.1989, p. 1). 

trade 

1.  Ordinance  of  27  June  1995  on  epizootic 
diseases 
in 
particular  Articles  56  to  58  (embryo 
transfer) thereof; 

(OFE;  RS 916.401),  and 

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

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

1. 

2. 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary  Committee  in  accordance  in  particular  with  Article  15  of  Directive 
89/556/EEC and Article 57 of the Law on epizootic diseases. 

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

EN 

29 

   EN 

VII. BOVINE SEMEN 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

laying  down 

Council  Directive  88/407/EEC  of  14  June 
1988 
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). 

1.  Ordinance  of  27  June  1995  on  epizootic 
diseases 
in 
particular  Articles  51  to  55  (artificial 
insemination) thereof; 

(OFE;  RS 916.401),  and 

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

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

1. 

2. 

3. 

4. 

For  the  purposes  of  Article  4(2)  of  Directive  88/407/EEC,  it  is  noted  that  in 
Switzerland  all  centres  keep  only  animals  giving  a  negative  reaction  to  the  serum 
neutralisation test or the Elisa test. 

The  information  provided  for  in  Article  5(2)  of  Directive  88/407/EEC  shall  be 
submitted to the Joint Veterinary Committee. 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary  Committee  in  accordance  in  particular  with  Article  16  of  Directive 
88/407/EEC and Article 57 of the Law on epizootic diseases. 

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

EN 

30 

   EN 

VIII. PORCINE SEMEN 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

laying  down 

Council  Directive  90/429/EEC  of  26  June 
1990 
the  animal  health 
requirements  applicable  to  intra-Community 
trade  in  and  imports  of  semen  of  domestic 
animals of the porcine species (OJ No L 224, 
18.8.1990, p. 62). 

1.  Ordinance  of  27  June  1995  on  epizootic 
diseases 
in 
particular  Articles  51  to  55  (artificial 
insemination) thereof; 

(OFE;  RS 916.401),  and 

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

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

1. 

2. 

3. 

The  information  provided  for  in  Article  5(2)  of  Directive  90/429/EEC  shall  be 
submitted to the Joint Veterinary Committee. 

On-the-spot  inspections  shall  be  carried  out  under  the  responsibility  of  the  Joint 
Veterinary  Committee  in  accordance  in  particular  with  Article  16  of  Directive 
90/429/EEC and Article 57 of the Law on epizootic diseases. 

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

EN 

31 

   EN 

IX. OTHER SPECIES 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

laying 

animal 
trade 

1.  Council  Directive  92/65/EEC  of  13  July 
health 
down 
1992 
in  and 
requirements  governing 
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). 

(OFE;  RS 916.401),  and 

1.  Ordinance  of  27  June  1995  on  epizootic 
diseases 
in 
particular  Articles  51  to  55  (artificial 
insemination)  and  56  to  58  (embryo 
transfer) thereof; 

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

2.  Regulation  (EC)  No 998/2003  of 

the 
European  Parliament  and  of  the  Council 
of  26 May 2003  on  the  animal  health 
the  non-
requirements  applicable 
commercial movement of pet animals and 
amending  Council  Directive 92/65/EEC 
(OJ L 146, 13.06.2003, p. 1). 

to 

1. 

2. 

3. 

4. 

B. 

SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION 

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

The European Union and Switzerland undertake not to ban or restrict trade in the live 
animals, semen, ova and embryos as referred to in point 1 for animal-health reasons 
other than those resulting from the application of this Annex,  and in particular any 
safeguard measures taken pursuant to Article 20 thereof. 

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

Lagomorphs  traded  between  the  Member  States  of  the  European  Union  and 
Switzerland  shall  be  accompanied  by  health  certificates  in  accordance  with  the 
models set out in part 1 of Annex E to Directive 92/65/EEC, bearing where necessary 
the declaration provided for in the second subparagraph of Article 9(2) of Directive 
92/65/EEC. 

EN 

32 

   EN 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

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

The  information  provided  for  in  the  fourth  subparagraph  of  Article 9(2)  of 
Directive 92/65/EEC shall be submitted to the Joint Veterinary Committee. 

a) 

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

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

c) 

d) 

Consignments  of  cats  and  dogs  from  Switzerland  to  the  United  Kingdom, 
Ireland, Malta and Sweden shall be subject to the requirements of Article 10(3) 
of Directive 92/65/EEC. 

The identification system shall be the one provided for in Regulation (EC) No 
998/2003 of the European Parliament and of the Council of 26 May 2003 (OJ 
L 146, 13.6.2003, p.1). The passport to be used shall be the one laid down in 
Commission Decision 2003/803/EC (OJ L 312, 27.11.2003, p. 1). The validity 
of  the  anti-rabies  vaccination,  and  if  relevant  the  revaccination,  shall  be 
recognised  in  accordance  with  the  recommendations  of  the  laboratory  of 
manufacture,  in  accordance  with  Article  5  of  Regulation  (EC)  No  998/2003 
and Commission Decision 2005/91/EC (OJ L 31, 4.2.2005, p. 61). 

Semen, ova and embryos of the ovine or caprine species traded between the Member 
States  of  the  European  Union  and  Switzerland  shall  be  accompanied  by  health 
certificates as provided for by Decision 2010/470/EU (OJ L 228, 31.08.2010, p. 15). 

Semen  of  the  equine  species  traded  between  the  Member  States  of  the  European 
Union and Switzerland shall be accompanied by the health certificate provided for in 
Decision 2010/470/EU. 

Ova  and  embryos  of  the  equine  species  traded  between  the  Member  States  of  the 
European  Union  and  Switzerland  shall  be  accompanied  by  health  certificates  in 
accordance with Decision 2010/470/EU. 

Ova  and  embryos  of  the  porcine  species  traded  between  the  Member  States  of  the 
European  Union  and  Switzerland  shall  be  accompanied  by  health  certificates  in 
accordance with Decision 2010/470/EU. 

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

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

EN 

33 

   EN 

13. 

For the purposes of Article 24 of Directive 92/65/EEC, the information provided for 
in paragraph 2 of that Article shall be submitted to the Joint Veterinary Committee. 

EN 

34 

   EN 

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 2012. 

European Union 

Switzerland 

(EC)  No 998/2003  of 

Regulation 
the 
European  Parliament  and  of  the  Council  of 
health 
26 May 2003 
requirements 
non-
commercial  movement  of  pet  animals  and 
amending  Council  Directive 92/65/EEC 
(OJ L 146, 13.06.2003, p. 1). 

the 
on 
applicable 

animal 
to 

the 

Ordinance  of  18  April  2007  on 
the 
importation  of  pet  animals  (OIAC;  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. 

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 valid1. 

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 ferrets2. 

By way of derogation from Annex II.B.1 to Commission Decision 2003/803/EC of 
26 November 2003, the Swiss passport is red and has a Swiss cross instead of stars. 

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 European Union and Switzerland." 

1 
2 

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

EN 

35 

   EN 

                                                 
Appendix 3 of Annex 11 shall be replaced as follows: 

ANNEX III 

"Appendix 3 

IMPORTS OF LIVE ANIMALS, THEIR SEMEN, OVA  

AND EMBRYOS FROM THIRD COUNTRIES 

I. 

EUROPEAN UNION — LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

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  2009/156/EC  of  30  November  2009  on  animal  health  conditions 
governing  the  movement  and  import  from  third  countries  of  equidae  (OJ  L 192, 
23.07.2010, p. 1). 

C. 

Poultry and hatching eggs 

Council  Directive  2009/158/EC  of  30  November  2009  on  animal  health  conditions 
governing intra-Community trade in, and imports from third countries of poultry and 
hatching eggs (OJ L 343, 22.12.2009, p. 74). 

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 

EN 

36 

   EN 

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, 13.6.2003, p. 1). 

I. 

Other specific provisions 

1. 

2. 

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the 
use  in  stock  farming  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). 

* 

1. 

2. 

3. 

II. 

SWITZERLAND – LEGISLATION* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

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

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

Ordinance  of  27  August  2008  on  the  import  and  transit  of  animal  products  by  air 
from third countries (OITPA; RS 916.443.13); 

EN 

37 

   EN 

4. 

5. 

6. 

7. 

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  of  the 
European  Union,  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  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  European  Union  shall  notify 
each  other  of  the  specific  import  conditions  established  bilaterally,  which  have  not  been 
harmonised at European Union level. 

For the purposes of this Annex, for Switzerland, the institutions accepted as approved centres 
in accordance with Annex C to Directive 92/65/EEC shall be published on the website of the 
Federal Veterinary Office." 

EN 

38 

   EN 

I. 

Chapter I of Appendix 5 of Annex 11 shall be replaced by the following: 

ANNEX IV 

"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 2012. 

European Union 

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 (OITE; RS 916.443.10). 

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

5.  Ordinance  of  27  August  2008  on  the 
import  and  transit  of  animal  products  by 
air 
(OITPA; 
from 
RS 916.443.13); 

countries 

third 

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). 

B. 

IMPLEMENTING PROVISIONS 

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." 

EN 

39 

   EN 

II. 

Chapter IV of Appendix 5 of Annex 11 shall be replaced by the following: 

"CHAPTER IV 

Veterinary checks applicable to imports 

from third countries 

A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

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

European Union 

Switzerland 

of 

Regulation (EC) 
1.  Commission 
18 February 2004 
No 282/2004 
introducing 
the 
for 
declaration  of,  and  veterinary  checks  on, 
animals  from  third  countries  entering  the 
Community (OJ L 49, 19.2.2004, p. 11); 

document 

a 

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 stock farming 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); 

ß-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  27  August  2008  on  the 
import  and  transit  of  animal  products  by 
air 
(OITPA; 
from 
RS 916.443.13); 

countries 

third 

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). 

5.  Council  Directive  96/23/EC  of  29  April 

EN 

40 

   EN 

and 

1996  on  measures  to  monitor  certain 
substances  and  residues  thereof  in  live 
animals 
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); 

animal  products 

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). 

7.  Commission  Decision  2007/275/EC  of 
17 April 2007 concerning lists of animals 
and  products  to  be  subject  to  controls  at 
border  inspection  posts  under  Council 
Directives  91/496/EEC 
and 97/78/EC 
(OJ L 116, 4.5.2007, p. 9). 

B. 

IMPLEMENTING PROVISIONS 

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 2009/821/EC  of  28 December 2009 
drawing up a list of approved border inspection posts, laying down certain rules on 
the  inspections  carried  out  by  Commission  veterinary  experts  and  laying  down 
veterinary units in Traces. 

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)* 

* 

reference 

By 
Decision 2009/821/EC. 

to 

the  approval  categories  defined 

in  Commission 

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. 

EN 

41 

   EN 

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 European Union, the import conditions referred to in Appendix 3 of 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 of the European Union shall 
notify each other of the specific import conditions established bilaterally, which have 
not been harmonised at European Union level. 

4. 

5. 

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. 

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

EN 

42 

   EN 

III. 

Section B. Protection of animals in Chapter V of Appendix 5 of Annex 11 shall be 
replaced by the following: 

"B. PROTECTION OF ANIMALS 

1. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

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

and 

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

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 
L 174, 
2.7.1997, p. 1). 

(OJ 

a) 

b) 

c) 

d) 

e) 

2. 

IMPLEMENTING PROVISIONS 

The  Swiss  authorities  undertake  to  comply  with  the  provisions  of  Regulation (EC) 
No 1/2005  for  trade  between  Switzerland  and  the  European  Union  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 
in  particular,  with  Article 28  of 
Veterinary  Committee 
Regulation (EC) No 1/2005 and Article 208 of the Ordinance of 23 April 2008 on the 
protection of animals (OPAn; RS 455.1). 

in  accordance, 

In application of the provisions of Article 175 of the Ordinance of 23 April 2008 on 
the  protection  of  animals  (OPAn;  RS 455.1),  transit  via  Switzerland  of  bovine 
animals,  sheep,  goats  and  pigs,  horses  for  slaughter  and  poultry  for  slaughter  is 
authorised  only  by  rail  or  aeroplane.  This  matter  shall  be  examined  by  the  Joint 
Veterinary Committee." 

EN 

43 

   EN 

ANNEX V 

I. 

Appendix 6, Chapter I of Annex 11, table of animal products intended for human consumption: Animal health section, figure 10. Eggs and 
egg products shall be replaced by the following: 

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

Trade conditions 

European Union 

Switzerland 

Equivalence 

Animal health: 

10. Eggs and egg products 

Directive 2009/158/EC 
Directive 2002/99/EC 

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

Yes 

EN 

44 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
II. 

In Chapter I of Appendix 6 of Annex 11, the section concerning exports from the European Union to Switzerland and exports from 
Switzerland to the European Union shall be replaced by the following: 

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

Trade conditions 

European Union 

Public health* 

  Switzerland 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012.  

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); 

  Federal Law of 9 October 1992 on foodstuffs and 

consumer products (LDAl; RS 817.0); 

Ordinance of 23 April 2008 on plant protection (OPAn; 
RS 455.1); 

Equivalence 

Yes, subject 
to special 
conditions 

Regulation (EC) No 852/2004 of the European Parliament and of 
the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 
139, 30.4.2004, p. 1); 

Regulation (EC) No 853/2004 of the European Parliament and of 
the Council of 29 April 2004 laying down specific hygiene rules 
for food of animal origin (OJ L 139, 30.4.2004, p. 55); 

Regulation (EC) No 854/2004 of the European Parliament and of 
the Council of 29 April 2004 laying down specific rules for the 
organisation of official controls on products of animal origin 
intended for human consumption (OJ L 139, 30.4.2004, p. 206); 

Regulation (EC) No 882/2004 of the European Parliament and of 
the Council of 29 April 2004 on official controls performed to 
ensure the verification of compliance with feed and food law, 

Ordinance of 16 November 2011 concerning the basic training, 
training leading to qualifications and ongoing training of persons 
working in the Public Veterinary Service (RS 916.402); 

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

Ordinance of 23 November 2005 on primary production (OPPr; 
RS 916.020); 

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

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

DFI Ordinance of 23 November 2005 on the implementation of 

EN 

45 

EN 

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

Trade conditions 

European Union 

  Switzerland 

Equivalence 

foodstuffs legislation (RS 817.025.21). 

DFE Ordinance of 23 November 2005 on hygiene in primary 
production (OHyPPr; RS 916.020.1); 

DFI Ordinance of 23 November 2005 on hygiene (OhyG; 
RS 817.024.1); 

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

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

animal health and animal welfare rules (OJ L 165, 30.4.2004, 
p. 1); 

Commission Regulation (EC) No 2073/2005 of 15 November 
2005 on microbiological criteria for foodstuffs (OJ L 338, 
22.12.2005, p. 1). 

Commission Regulation (EC) No 2074/2005 of 5 December 
2005 laying down implementing measures for certain products 
under Regulation (EC) No 853/2004 of the European Parliament 
and of the Council and for the organisation of official controls 
under Regulation (EC) No 854/2004 of the European Parliament 
and of the Council and Regulation (EC) No 882/2004 of the 
European Parliament and of the Council, derogating from 
Regulation (EC) No 852/2004 of the European Parliament and of 
the Council and amending Regulations (EC) No 853/2004 and 
(EC) 854/2004 (OJ L 338, 22.12.2005, p. 27). 

Commission Regulation (EC) No 2075/2005 of 5 December 
2005 laying down specific rules on official controls for 
Trichinella in meat (OJ L 338, 22.12.2005, p. 60). 

EN 

46 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Protection of animals* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012.  

Council Regulation (EC) No 1099/2009 of 24 September 2009 
on the protection of animals at the time of killing (OJ L 303, 
18.11.2009, p. 1). 

  Federal Law of 16 December 2005 on animal protection (LPA; 

RS 455); 

Ordinance of 23 April 2008 on animal protection (OPAn; 
RS 455.1); 

OVF Ordinance of 12 August 2010 on the protection of animals 
at the time of slaughter (OPAnAb; RS 455.110.2); 

Ordinance of 23 November 2005 on the slaughter of livestock 
and the checking of meat (OabCV; RS 817.190). 

Yes, subject 
to special 
conditions 

EN 

47 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
Special conditions 

(1) 

Animal  products  intended  for  human  consumption  which  are  traded  between  the 
Member  States  of  the  European  Union  and  Switzerland  shall  be  moved  only  under 
the same conditions as animal products intended for human consumption which are 
traded  between  the  Member  States  of  the  European  Union,  also  as  regards  animal 
protection at the time of slaughter. Where necessary, these products are accompanied 
by  the  health  certificates  required  for  trade  between  the  Member  States  of  the 
European Union or defined in this Annex and available in the TRACES system. 

(11) 

The EU reference laboratories for residues of veterinary medicines and contaminants 
in food of animal origin are as follows: 

a) 

For the residues listed in Annex I, Group A (1), (2), (3) and (4), Group B (2)(d) 
and Group B (3)(d) to Council Directive 96/23/EC: 

Rijksinstituut voor Volksgezondheid en Milieuhygiëne (RIVM) 

NL-3720 BA Bilthoven 

Netherlands 

b) 

For  the  residues  listed  in  Annex  I,  Group  B  (1)  and  B  (3)(e)  to  Directive 
96/23/EC, and carbadox and olaquindox 

Laboratoires  d'études  et  de  recherches  sur  les  médicaments  vétérinaires  et  les 
désinfectants 

AFSSA – site de Fougères, BP 90203 

F-35302 Fougères 

France 

c) 

For the residues listed in Annex I, Group A (5) and Group B (2)(a), (b) and (e) 
to Directive 96/23/EC 

Bundesamt für Verbraucherschutz und Lebensmittelsicherheit 

Diedersdorfer Weg, 1 

D-12277 Berlin 

Germany 

d) 

For the residues listed in Annex I, Group B(3)(c) to Directive 96/23/EC 

Istituto Superiore di Sanità (ISS) 

Viale Regina Elena, 299 

I-00161 ROME 

EN 

48 

   EN 

 
Italy 

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

(12) 

Pending  recognition  of  the  alignment  of  European  Union  legislation  and  the  Swiss 
legislation, for exports to the European Union, Switzerland shall monitor compliance 
with the acts listed below and their implementing texts: 

1. 

2. 

3. 

4. 

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 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  stock  farming  of  certain  substances  having  a  hormonal  or  thyrostatic 
action  and  of  ß-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); 

5.  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); 

6.  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); 

7. 

8. 

9. 

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); 

EN 

49 

   EN 

 
10.  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); 

11.  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); 

12.  Regulation (EC) No 1332/2008 of the European Parliament and of the Council 
of  16  December  2008  on  food  enzymes  and  amending  Council  Directive 
83/417/EEC,  Council  Regulation  (EC)  No  1493/1999,  Directive  2000/13/EC, 
Council  Directive  2001/112/EC  and  Regulation  (EC)  No  258/97  (OJ  L  354, 
31.12.2008, p. 7); 

13.  Regulation (EC) No 1333/2008 of the European Parliament and of the Council 

of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16); 

14.  Regulation (EC) No 1334/2008 of the European Parliament and of the Council 
of  16  December  2008  on  flavourings  and  certain  food  ingredients  with 
flavouring properties for use in and on foods and amending Council Regulation 
(EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and 
Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34); 

15.  Commission  Directive  2008/128/EC  of  22  December  2008  laying  down 
specific  purity  criteria  concerning  colours  for  use  in  foodstuffs  (OJ  L  6, 
10.1.2009, p. 20); 

16.  Directive  2009/32/EC  of  the  European  Parliament  and  of  the  Council  of  23 
April  2009  on  the  approximation  of  the  laws  of  the  Member  States  on 
extraction  solvents  used  in  the  production  of  foodstuffs  and  food  ingredients 
(OJ L 141, 6.6.2009, p. 3); 

17.  Commission Directive 2008/60/EC of 17.06.2008 laying down specific purity 
criteria concerning sweeteners for use in foodstuffs (OJ L 158, 18.06.2008, p. 
17); 

18.  Commission Directive 2008/84/EC of 27.08.2008 laying down specific purity 
criteria  on  food  additives  other  than  colours  and  sweeteners  (OJ  L  253, 
20.09.2008, p. 1); 

19.  Regulation (EC) No 470/2009 of the European Parliament and of the Council 
of  6  May  2009  laying  down  Community  procedures  for  the  establishment  of 
residue  limits  of  pharmacologically  active  substances  in  foodstuffs  of  animal 
origin,  repealing  Council  Regulation  (EEC)  No  2377/90  and  amending 
Directive  2001/82/EC  of  the  European  Parliament  and  of  the  Council  and 
Regulation (EC) No 726/2004 of the European Parliament and of the Council 
(OJ L 152, 16.6.2009, p. 11). 

EN 

50 

   EN 

 
III. 

In Appendix 6 of 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 European Union to Switzerland 
Exports from Switzerland to the European Union 

Trade conditions 

European Union* 

Switzerland* 

Equivalence 

*  Unless  indicated  otherwise,  any  reference  to  an  act  shall  mean  that  act  as 

amended before 30 June 2012. 

1.  Regulation  (EC)  No  999/2001  of 
the European Parliament and of the 
Council  of  22  May  2001  laying 
down  rules  for  the  prevention, 
control  and  eradication  of  certain 
transmissible 
spongiform 
encephalopathies 
(OJ  L  147, 
31.5.2001, p. 1); 

1.  Ordinance  of  23  November  2005 
on  the  slaughter  of  livestock  and 
the  checking  of  meat  (OabCV; 
RS 817.190); 

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

3.  Ordinance  of  27  June  1995  on 
(OFE; 

diseases 

epizootic 
RS 916.401); 

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

Yes, subject 
to special 
conditions 

5.  Ordinance  of  25  May  2011  on  the 
disposal  of  animal  by-products 
(OESPA; RS 916.441.22). 

2.  Regulation  (EC)  No  1069/2009  of 
the European Parliament and of the 
Council of 21 October 2009 laying 
regards 
down  health 
animal  by-products  and  derived 
products  not  intended  for  human 
repealing 
consumption 
Regulation (EC) No 1774/2002 (OJ 
L 300, 14.11.2009, p.1); 

rules  as 

and 

of 

3.  Commission  Regulation  (EU)  No 
142/2009  of  25  February  2011 
implementing  Regulation  (EC)  No 
1069/2011 
the  European 
the  Council 
Parliament  and  of 
laying down health rules as regards 
animal  by-products  and  derived 
products  not  intended  for  human 
consumption  and 
implementing 
Council  Directive  97/78/EC  as 
regards  certain  samples  and  items 
exempt  from  veterinary  checks  at 
the  border  under  that  Directive 
(OJ L 54, 26.2.2011, p.1). 

EN 

51 

   EN 

 
Special conditions 

For its imports, Switzerland applies the same provisions as those under Articles 25 to 28 and 
30  to  31  and  Annexes  XIV  and  XV  (certificates)  to  Regulation  (EU)  No 142/2011,  in 
accordance with Articles 41 and 42 of Regulation (EC) No 1069/2009. 

Trade  in  Category 1  and  Category 2  materials  shall  be  governed  by  Article  48  of 
Regulation (EC) No 1069/2009. 

Category  3  materials  traded  between  the  Member  States  of  the  European  Union  and 
Switzerland  must  be  accompanied  by  the  commercial  documents  and  health  certificates 
provided  for  in  Chapter  III  of  Annex  VIII  to  Regulation  (EU)  No  142/2011,  in  accordance 
with Article 17 of Regulation (EU) No 142/2011 and with Articles 21 and 48 of Regulation 
(EC) No 1069/2009. 

Pursuant to Title II, Chapter I, Section 2 of Regulation (EC) No 1069/2009 and Chapter IV 
and  Annex  IX  to  Regulation  (EU)  No  142/2011,  Switzerland  shall  draw  up  the  list  of  its 
corresponding establishments." 

EN 

52 

   EN 

 
ANNEX VI 

I. 

* 

Section  A.  Legislation,  Chapter  I.  General  provisions,  Appendix  10  of  Annex  11 
shall be replaced as follows: 

"A. 

LEGISLATION* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

European Union 

Switzerland 

1.  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); 

2.  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  (OJ 
L 31, 1.2.2002, p. 1). 

1.  Law of 1 July 1966 on epizootic diseases 
(LFE; RS 916.40), 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  27  August  2008  on  the 
import  and  transit  of  animal  products  by 
air 
(OITPA; 
from 
RS 916.443.13); 

countries 

third 

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 

53 

   EN 

 
 
II. 

Section  A.  Legislation,  Chapter  II.  Veterinary  controls  applicable  in  trade  between 
the Member States of the European Union and Switzerland, Appendix 10 of Annex 
11 shall be replaced as follows: 

"A. 

LEGISLATION* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

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

European Union 

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 
of 
ensure 
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 of 1 July 1966 on epizootic diseases 
(LFE; RS 916.40), 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  27  August  2008  on  the 
import  and  transit  of  animal  products  by 
air 
(OITPA; 
from 
RS 916.443.13); 

countries 

third 

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 

54 

   EN 

 
 
III. 

Section A. Legislation, Chapter III. Veterinary controls applicable for imports from 
third countries, Appendix 10 of Annex 11 shall be replaced as follows: 

"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 Union 

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 of 1 July 1966 on epizootic diseases 
(LFE; RS 916.40), 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). 

2.  Commission  Regulation 

into 

(EC)  No 
the 
206/2009  of  5  March  2009  on 
introduction 
the  Community  of 
personal  consignments  of  products  of 
animal  origin  and  amending  Regulation 
(EC)  No  136/2004  (OJ L 77,  24.3.2009, 
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  verification  of 
compliance  with  feed  and  food  law, 
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 

application 

correct 

the 

3.  Ordinance  of  27  August  2008  on  the 
import  and  transit  of  animal  products  by 
(OITPA; 
from 
air 
RS 916.443.13); 

countries 

third 

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.  Law  of  9  October  1992  on  foodstuffs 

(LDAl; 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 

EN 

55 

   EN 

 
matters (OJ L 351, 2.12.1989, p. 34); 

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 stock farming 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); 

ß-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 
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); 

animal  products 

and 

laying  down 

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

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); 

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

the 

12. Commission  Decision  2007/275/EC  of 
17 April 2007 concerning lists of animals 
and  products  to  be  subject  to  controls  at 
border  inspection  posts  under  Council 
and 97/78/EC 
Directives  91/496/EEC 

EN 

56 

   EN 

 
(OJ L 116, 04.05.2007, p. 9). 

EN 

57 

   EN 

 
 
IV. 

Sub-chapter 2. Switzerland - Legislation, Chapter V. Health requirements and control 
requirements relating to imports from third countries, Appendix 10 of Annex 11 shall 
be replaced as follows: 

"2. 

Switzerland – Legislation* 

* 

Unless indicated otherwise, any reference to an act shall mean that act as amended 
before 30 June 2012. 

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 27 August 2008 on the import and transit of animal products by 

air from third countries (OITPA; RS 916.443.13)." 

EN 

58 

   EN 

 
V. 

The  first  paragraph  of  part  D  in  sub-chapter  3.  Implementing  rules,  Chapter  V. 
Health  requirements  and  control  requirements  relating  to  imports  from  third 
countries, Appendix 10 of Annex 11 shall be replaced as follows: 

"D.  Pursuant to the provisions of the Ordinance of 27 August 2008 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 export of such meat to the European Union shall be prohibited. 
In addition, the Swiss Confederation shall:" 

EN 

59 

   EN