CELEX: 52012PC0696
Language: en
Date: 2012-11-27
Title: 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)

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		52012PC0696
		
			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) /* COM/2012/0696 final - 2012/0326 (NLE) */
			
				
		
		
			
			   	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.
* *
*
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)       The first subparagraph of
Article 5(2) of Decision 2002/309/EC[1],
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.
(2)       The Agreement of 21 June
1999 between the European Community and the Swiss Confederation on trade in
agricultural products[2],
hereinafter called the "Agriculture Agreement", entered into force on
1 June 2002.
(3)       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,
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
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
(2012/…/EU)
THE COMMITTEE,
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)          The Agriculture Agreement entered
into force on 1 June 2002.
(2)          Article 19(1) of Annex 11 to the
Agriculture Agreement sets up a Joint Veterinary Committee responsible for
examining all questions relating to the said Annex and its implementation and
for carrying out the tasks provided for therein. Article 19(3) of that Annex
authorises the Committee to amend the Appendices thereto, in particular with a
view to adapting and updating them.
(3)          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 Agreement[3].
(4)          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 11[4].
(5)          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.
(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.
Article 2
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 3
This Decision shall enter into force on 1
January 2013.
Article 4
This Decision shall be published in the
Official Journal of the European Union.
              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
_____________
ANNEX I
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 objectives) and 57 (technical implementing provisions, international cooperation); 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 that are pathogenic for animals), 73 and 74 (cleaning and disinfection), 77 to 98 (common provisions concerning highly contagious epizootic diseases) and 116 to 121 (detection of swine fever at slaughter, specific measures to combat swine fever) thereof; 3.   Ordinance of 14 June 1999 on the organisation of the Département fédéral de l’économie (Federal Department of Economic Affairs), (OrgDFE; 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). 
B.         SPECIAL
RULES AND PROCEDURES FOR IMPLEMENTATION
1.           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.
2.           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.
3.           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.
4.           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.
5.           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.
6.           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).
7.           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."
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 objectives) and 57 (technical implementing provisions, international cooperation); 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 that are pathogenic for animals), 73 and 74 (cleaning and disinfection), 77 to 98 (common provisions concerning highly contagious epizootic diseases) and 116 to 121 (detection of swine fever at slaughter, specific measures to combat swine fever) thereof; 3.   Ordinance of 14 June 1999 on the organisation of the Département fédéral de l’économie (Federal Department of Economic Affairs), (OrgDFE; 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). 
B.         SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
1.           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.
2.           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.
3.           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.
4.           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."
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 objectives) and 57 (technical implementing provisions, international cooperation); 2.   Ordinance of 27 June 1995 on epizootic diseases (LFE; RS 916.401), and 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 animals), 73 and 74 (cleaning and disinfection), 77 to 98 (common provisions concerning highly contagious diseases), 122 to 125 (specific measures concerning Newcastle disease); 3.   Ordinance of 14 June 1999 on the organisation of the Département fédéral de l’économie (Federal Department of Economic Affairs), (OrgDFE; 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). 
B.         SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
1.           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.
2.           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.
3.           The information provided for in
Articles 17 and 19 of Directive 92/66/EEC shall be the responsibility of the
Joint Veterinary Committee.
4.           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."
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 
 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 April 2008 on plant protection (OPAn; RS 455.1), in particular Article 184 thereof (stunning procedures); 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); 4.   Ordinance of 23 November 2005 on foodstuffs of animal origin (RS 817.022.108), and in particular Articles 4 and 7 thereof (parts of the carcass which may not be used); 5.   Ordinance of 27 June 1995 on epizootic diseases (OFE; RS 916.401), and in particular Articles 6 (definitions and abbreviations), 36 (patents), 61 (obligation to report), 130 (surveillance of Swiss livestock), 175 to 181 (transmissible spongiform encephalopathies), 297 (internal implementation), 301 (duties of the canton veterinarian), 303 (training and further training of veterinary officials) and 312 (diagnostic laboratories); 6.   Ordinance of 10 June 1999 on the catalogue of feedingstuffs (OLALA; RS 916.307.1), and in particular Article 28 (transport of feedingstuffs for productive animals), Annex 1, Part 9 (products of land animals), Part 10 (fish, other marine animals and their products and by-products), and Annex 4 (list of banned substances); 7.   Ordinance of 25 May 2011 on the disposal of animal by-products (OESPA; RS 916.441.22). 
B.         SPECIAL
RULES AND PROCEDURES FOR IMPLEMENTATION
1.           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.
2.           Pursuant to Article 57 of the Ordinance
on epizootic diseases, Switzerland has established an emergency plan for
implementing measures to combat TSEs.
3.           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
–              
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.
5.           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.
6.           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.
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 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.
8.           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.
9.           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
1.           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.
2.           Under Article 8 of
Regulation (EC) No 999/2001 and in accordance with point 1 of
Annex XI to that Regulation, the Member States of the 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.
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."
ANNEX II
Appendix 2 of Annex 11 shall be
replaced as follows:
"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). || 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 fever), 135 to 141 (Aujeszky's disease), 150 to 157 (bovine brucellosis), 158 to 165 (tuberculosis), 166 to 169 (enzootic bovine leucosis), 170 to 174 (IBR/IPV), 175 to 195 (spongiform encephalopathies), 186 to 189 (bovine genital infections), 207 to 211 (porcine brucellosis), 297 (approval of markets, assembly centres and disinfection points) thereof 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.           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.
2.           The information provided for in Article 11(3) of
Directive 64/432/EEC shall be submitted to the Joint Veterinary Committee.
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)      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;
b)      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)      an identification system shall be
introduced allowing each bovine animal to be traced back to its herd of origin;
b)      all slaughtered animals shall undergo
a post mortem inspection carried out by an official veterinarian;
c)      any suspected cases of tuberculosis in
live, dead or slaughtered animals shall be reported to the competent
authorities;
d)      in each case the competent authorities
shall carry out the investigations necessary to establish whether the suspected
disease is present, including upstream research on herds of origin and transit
herds. Where lesions suspected to have been caused by tuberculosis are
discovered during an autopsy or at the time of slaughter, the competent
authorities shall have a laboratory examination conducted on the lesions;
e)      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;
f)       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;
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)      the Swiss herd shall be monitored by
sampling checks. The size of the sample shall be such that it can be declared
with 99% reliability that less than 0.2% of herds are infected with enzootic
bovine leucosis;
b)      all slaughtered animals shall undergo
a post mortem inspection carried out by an official veterinarian;
c)      any suspected cases of enzootic bovine
leucosis found in clinical examinations, autopsies or checks on meat shall be
reported to the competent authorities;
d)      where enzootic bovine leucosis is
suspected or found to be present, the officially leucosis-free status of the
herd shall be suspended until the isolation period is terminated;
e)      the isolation period shall be
terminated when, after the infected animals and, where appropriate, their
calves have been eliminated, two serological examinations carried out at an
interval of at least 90 days have produced negative results.
If enzootic bovine leucosis has been found in
0.2% of herds, the 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;
b)      breeding bulls aged over 24 months
shall undergo an annual serological examination;
c)      any suspected cases of infectious
bovine rhinotracheitis shall be reported to the competent authorities and the
animals concerned shall undergo official tests for infectious bovine
rhinotracheitis, comprising virological or serological tests;
d)      where infectious bovine
rhinotracheitis is suspected or found to be present, the officially
infection-free status of the herd shall be suspended until the isolation period
is terminated;
e)      the isolation period shall be
terminated when a serological examination carried out at least 30 days after
the infected animals have been eliminated produces negative results.
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)      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;
b)      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.
8.           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.
9.           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.
10.         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.
11.         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;
–        do not come from herds where a
suspected case of BSE is under investigation;
–        were born after 1 June
2001."
II. SHEEP AND GOATS
A.        LEGISLATION*
*             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 caprine brucellosis), 196 to 199 (contagious agalactia), 200 to 203 (caprine arthritis/encephalitis), 233 to 235 (brucellosis in rams) and 297 (approval of markets, assembly centres and disinfection points) thereof. 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.           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.
2.           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.
3.           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.
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.           For the purposes of Article 3 of
Directive 2009/156/EC, information shall be submitted to the Joint Veterinary
Committee.
2.           For the purposes of Article 6 of
Directive 2009/156/EC, information shall be submitted to the Joint Veterinary
Committee.
3.           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.
4.           Annexes II and III to Directive
2009/156/EEC shall apply mutatis mutandis to Switzerland.
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 125 (avian influenza and Newcastle disease), 255 to 261 (Salmonella enteritidis) and 262 to 265 (avian infectious laryngotracheitis) 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.           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.
2.           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.
3.           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.
4.           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).
5.           The holding requirement specified
in Article 10(a) of Directive 2009/158/EC shall apply mutatis mutandis to
Switzerland.
6.           The holding requirement specified
in Article 11(a) of Directive 2009/158/EC shall apply mutatis mutandis to
Switzerland.
7.           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.
8.           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.
9.           The references to the name of the
Member State in Article 18 of Directive 2009/158/EC shall apply
mutatis mutandis to Switzerland.
10.         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.
11.         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.
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). || 1.   Ordinance of 27 June 1995 on epizootic diseases (OFE; RS 916.401), in particular Articles 3 and 4 (epizootic diseases concerned), 18a (registration of 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). 
B.         SPECIAL
RULES AND PROCEDURES FOR IMPLEMENTATION
1.           For the purposes of this Annex,
Switzerland is recognised as officially free from infectious salmon anaemia)
and infections with Marteilia refringens and Bonamia ostreae.
2.           The Joint Veterinary Committee
shall decide on any application of Articles 29, 40, 41, 43, 44 and 50 of
Directive 2006/88/EC.
3.           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).
4.           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.
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 governing intra-Community trade in importation from third countries of embryos of domestic animals of the bovine species (OJ L 302, 19.10.1989, p. 1). || 1.   Ordinance of 27 June 1995 on epizootic diseases (OFE; RS 916.401), and in particular Articles 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). 
B.         SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
1.           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.
2.           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.
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 
 Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species (OJ L 194, 22.7.1988, p. 10). || 1.   Ordinance of 27 June 1995 on epizootic diseases (OFE; RS 916.401), and in particular Articles 51 to 55 (artificial insemination) 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.           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.
2.           The information provided for in
Article 5(2) of Directive 88/407/EEC shall be submitted to the Joint Veterinary
Committee.
3.           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.
4.           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.
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 
 Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ No L 224, 18.8.1990, p. 62). || 1.   Ordinance of 27 June 1995 on epizootic diseases (OFE; RS 916.401), and in particular Articles 51 to 55 (artificial insemination) 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.           The information provided for in
Article 5(2) of Directive 90/429/EEC shall be submitted to the Joint Veterinary
Committee.
2.           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.
3.           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.
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 
 1.   Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (OJ L 268, 14.9.1992, p. 54). 2.   Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (OJ L 146, 13.06.2003, p. 1). || 1.   Ordinance of 27 June 1995 on epizootic diseases (OFE; RS 916.401), and 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). 
B.         SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
1.           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.
2.           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.
3.           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.
4.           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.
That declaration may be adapted by the Swiss
authorities to include in full the requirements of Article 9 of Directive
92/65/EEC.
5.           The information provided for in
the fourth subparagraph of Article 9(2) of Directive 92/65/EEC shall
be submitted to the Joint Veterinary Committee.
6.           a)      Consignments of
cats and dogs from the European 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)      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.
d)      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).
7.           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).
8.           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.
9.           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.
10.         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.
11.         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.
12.         Animals, semen, embryos and ova
from bodies, institutes or centres approved in accordance with Annex C to
Directive 92/65/EEC traded between the Member States of the European 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.
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.
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 
 Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (OJ L 146, 13.06.2003, p. 1). || Ordinance of 18 April 2007 on the importation of pet animals (OIAC; RS 916.443.14). 
B.         SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
1.           The identification system shall
be the one provided for in Regulation (EC) No 998/2003.
2.           The validity of the anti-rabies
vaccination and, if relevant, of the revaccination shall be recognised in
accordance with the recommendations of the laboratory of manufacture and
pursuant to Article 5 of Regulation (EC) No 998/2003 and Commission
Decision 2005/91/EC of 2 February 2005 establishing the period
after which the anti-rabies vaccination is considered as valid[5].
3.           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 ferrets[6].
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.
4.           For the purposes of this
Appendix, the provisions of Chapter II (Provisions applicable to movement
between Member States) of Regulation (EC) No 998/2003 shall apply
mutatis mutandis to the non-commercial movement of pet animals between the
Member States of the European Union and Switzerland."
ANNEX
III
Appendix 3 of
Annex 11 shall be replaced as follows:
"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
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.      Council Directive 92/65/EEC of 13 July
1992 laying down animal health requirements governing trade in and imports into
the Community of animals, semen, ova and embryos not subject to animal health
requirements laid down in specific Community rules referred to in Annex A(I) to
Directive 90/425/EEC (OJ L 268, 14.9.1992, p. 54).
2.      Regulation (EC) No 998/2003 of the
European Parliament and of the Council of 26 May 2003 on the animal health
requirements applicable to the non-commercial movement of pet animals and
amending Council Directive 92/65/EEC (OJ L 146, 13.6.2003, p. 1).
I.            Other specific provisions
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 β-agonists, and
repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125,
23.5.1996, p. 3).
2.      Council Directive 96/23/EC of 29 April
1996 on measures to monitor certain substances and residues thereof in live
animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC
and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10).
II.         SWITZERLAND – LEGISLATION*
*             Unless indicated otherwise, any reference to an act
shall mean that act as amended before 30 June 2012.
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 from third countries (OITPA;
RS 916.443.13);
4.           Ordinance of the DFE of 16 May
2007 on controls on the import and transit of animals and animal products
(Ordinance on controls, OITE; RS 916.443.106);
5.           Ordinance of 18 April 2007 on the
importation of pet animals (OIAC; RS 916.443.14).
6.           Ordinance of 18 August 2004 on
veterinary medicinal products (OMédV; RS 812.212.27);
7.           Ordinance of 30 October 1985 on
the fees levied by the Federal Veterinary Office (OEVET; RS 916.472).
III.       IMPLEMENTING RULES
The Federal Veterinary Office shall apply,
simultaneously with the Member States of the 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."
ANNEX IV
I.            Chapter I of Appendix 5 of Annex
11 shall be replaced by the following:
"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 from third countries (OITPA; RS 916.443.13); 6.   Ordinance of the DFE of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106); 7.   Ordinance of 18 April 2007 on the importation of pet animals (OIAC; RS 916.443.14). 
B.         IMPLEMENTING PROVISIONS
The Commission, in cooperation with the Federal
Veterinary Office, shall integrate Switzerland into the TRACES system, in
accordance with Commission Decision 2004/292/EC.
If necessary, transitional and
complementary measures shall be laid down by the Joint Veterinary
Committee."
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 
 1.   Commission Regulation (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community (OJ L 49, 19.2.2004, p. 11); 2.   Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1); 3.   Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991, p. 56); 4.   Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stock farming of certain substances having a hormonal or thyrostatic action and of ß-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 23.5.1996, p. 3); 5.   Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10); 6.   Commission Decision 97/794/EC of 12 November 1997 laying down certain 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). || 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 from third countries (OITPA; RS 916.443.13); 4.   Ordinance of the DFE of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106); 5.   Ordinance of 18 April 2007 on the importation of pet animals (OIAC; RS 916.443.14); 6.   Ordinance of 30 October 1985 on the fees levied by the Federal Veterinary Office (OEVET; RS 916,472); 7.   Ordinance of 18 August 2004 on veterinary medicinal products (OMédV; RS 812.212.27). 
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 || CHZRH4 || A || Centre 3 || O - Other animals (including zoo animals)* 
 Geneva Airport || CHGVA4 || A || Centre 2 || O - Other animals (including zoo animals)* 
*        By
reference to the approval categories defined in Commission
Decision 2009/821/EC.
The Joint Veterinary Committee shall be
responsible for any subsequent amendments to the list of border inspection
posts, their inspection centres and their type of approval.
On-the-spot inspections shall be carried out
under the responsibility of the Joint Veterinary Committee in accordance in
particular with Article 19 of Directive 91/496/EEC and Article 57 of the Law on
epizootic diseases.
3.           The Federal Veterinary Office
shall apply, simultaneously with the Member States 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.           The Member States' border
inspection posts referred to in point 1 shall check imports from third
countries destined for Switzerland in accordance with point A of
Chapter IV of this Appendix.
5.           The Swiss border inspection posts
mentioned in point 2 shall check imports from third countries destined for
the Member States of the European Union in accordance with point A of
Chapter IV of this Appendix.
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 
 1.   Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending 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 (OJ L 174, 2.7.1997, p. 1). || Ordinance of 23 April 2008 on plant protection (OPAn; RS 455.1), and in particular Articles 169 to 176 thereof. 
2.         IMPLEMENTING PROVISIONS
a)           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.
b)           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.
c)           The Joint Veterinary Committee
shall be responsible for the application of Articles 10, 11 and 16 of
Directive 89/608/EEC.
d)           On-the-spot inspections shall be
carried out under the responsibility of the Joint Veterinary Committee in
accordance, in particular, with Article 28 of Regulation (EC)
No 1/2005 and Article 208 of the Ordinance of 23 April 2008
on the protection of animals (OPAn; RS 455.1).
e)           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."
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 ||   || Equivalence 
   ||   || European Union || Switzerland 
   ||   ||   ||   ||   
 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 
   ||   ||   ||   ||   
   ||   ||   ||   ||   
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 || Equivalence 
 European Union ||   || Switzerland ||   
   ||   ||   ||   
 Public health* *          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); 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, 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). ||   || 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); 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 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). || Yes, subject to special conditions 
   ||   ||   ||   
 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 
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
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.      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).
2.      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).
3.      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);
4.      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.      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);
8.      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);
9.      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);
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).
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 || Equivalence 
 European Union* || Switzerland* 
 *     Unless indicated otherwise, any reference to an act shall mean that act as amended before 30 June 2012. || Yes, subject to special conditions 
 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); 2.   Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ L 300, 14.11.2009, p.1); 3.   Commission Regulation (EU) No 142/2009 of 25 February 2011 implementing Regulation (EC) No 1069/2011 of the European Parliament and of the Council 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). || 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 epizootic diseases (OFE; RS 916.401); 4.   Ordinance of 18 April 2007 on the import, transit and export of animals and animal products (OITE; RS 916.443.10). 5.   Ordinance of 25 May 2011 on the disposal of animal by-products (OESPA; RS 916.441.22). 
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."
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 from third countries (OITPA; RS 916.443.13); 4.   Ordinance of the DFE of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106); 5.   Ordinance of 30 October 1985 on the fees levied by the Federal Veterinary Office (OEVET; RS 916.472)." 
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 ensure the correct application of legislation on veterinary and zootechnical matters (OJ L 351, 2.12.1989, p. 34); 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 from third countries (OITPA; RS 916.443.13); 4.   Ordinance of the DFE of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106); 5.   Ordinance of 18 April 2007 on the importation of pet animals (OIAC; RS 916.443.14); 6.   Ordinance of 30 October 1985 on the fees levied by the Federal Veterinary Office (OEVET; RS 916.472)." 
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). 2.   Commission Regulation (EC) No 206/2009 of 5 March 2009 on the introduction into 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 the correct application of legislation on veterinary and zootechnical matters (OJ L 351, 2.12.1989, p. 34); 6.   Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stock farming of certain substances having a hormonal or 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); 7.   Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10); 8.   Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (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 the testing for certain residues in products of animal origin imported from third countries (OJ L 16, 20.1.2005, p. 61). 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 Directives 91/496/EEC and 97/78/EC (OJ L 116, 04.05.2007, p. 9). || 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 from third countries (OITPA; RS 916.443.13); 4.   Ordinance of the DFE of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106); 5.   Ordinance of 18 April 2007 on the importation of pet animals (OIAC; RS 916.443.14); 6.   Ordinance of 30 October 1985 on the fees levied by the Federal Veterinary Office (OEVET; RS 916.472); 7.   Law of 9 October 1992 on foodstuffs (LDAl; RS 817.0); 8.   Ordinance of 23 November 2005 on foodstuffs and consumer products (ODAlOUs, RS 817.02). 9.   Ordinance of 23 November 2005 on the implementation of foodstuffs legislation (RS 817.025.21); 10. Ordinance of the DFI of 26 June 1995 on foreign substances and components in foodstuffs (OSEC;. RS 817.021.23)." 
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)."
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:"
[1]               OJ L 114, 30.4.2002, p. 1.
[2]               OJ L 114, 30.4.2002, p. 132.
[3]               OJ L 23, 28.01.2004, p. 27.
[4]               OJ L 338, 22.12.2010, p. 50.
[5]               OJ L 31, 04.02.2005, p. 61.
[6]               OJ L 312, 27.11.2003, p. 1.