CELEX: 52004PC0714
Language: en
Date: 2004-10-27
Title: Proposal for a Council Decision on the Community position on Decision No 2/2004 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, 4, 5, 6 and 11 of Annex 11 to the Agreement (presented by the Commission)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      Brussels, 27.10.2004
                                                      COM(2004)714 final
                                         Proposal for a
                                   COUNCIL DECISION
   on the Community position on Decision No 2/2004 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, 4, 5, 6
                             and 11 of Annex 11 to the Agreement
                                (presented by the Commission)
EN                                                                                          EN
 ---pagebreak---                                EXPLANATORY MEMORANDUM
   The Agreement between the European Community and the Swiss Confederation on trade in
   agricultural products, hereinafter called the "Agriculture Agreement", entered into force on
   1 June 2002.
   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 is to carry out the tasks provided for therein.
   The Joint Veterinary Committee is empowered to adopt decisions 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. It has been decided to take account of the legislation in force at 26 July 2004.
   The Community must adopt the position it is to take in the Joint Veterinary Committee
   regarding adoption of the amendments needed to update Appendices 1, 2, 3, 4, 5, 6 and 11 to
   Annex 11. Under the first subparagraph of Article 5(2) of Decision 2002/309/EC, Euratom,
   the Community's position is to be adopted by the Council on a proposal from the
   Commission.
   The draft amendment updates Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the
   Agriculture Agreement.
   Decision No 2/2004 of the Joint Veterinary Committee will be published in the Official
   Journal of the European Union.
EN                                                  2                                                EN
 ---pagebreak---                                             Proposal for a
                                       COUNCIL DECISION
   on the Community position on Decision No 2/2004 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, 4, 5, 6
                                and 11 of Annex 11 to the Agreement
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular
   Article 37 and Article 152(4)(b) in conjunction with the second subparagraph of
   Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:
   (1)     The first subparagraph of Article 5(2) of Decision 2002/309/EC, Euratom, of the
           Council and of the Commission as regards the Agreement on Scientific and
           Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements
           with the Swiss Confederation, the Community's position within the Joint Veterinary
           Committee is to be adopted by the Council on a proposal from the Commission.
   (2)     The Agreement between the European Community and the Swiss Confederation on
           trade in agricultural products, of 21 June 1999, hereinafter called the "Agriculture
           Agreement", entered into force on 1 June 2002.
   (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 their adaptation and updating.
   (4)     The Community must adopt the position it is to take in the Joint Veterinary Committee
           regarding these necessary amendments,
EN                                                3                                              EN
 ---pagebreak---    HAS DECIDED AS FOLLOWS:
                                               Article 1
   The position to be adopted by the Community in the Joint Veterinary Committee set up by
   Article 19(1) of Annex 11 to the Agreement between the European Community and the Swiss
   Confederation on trade in agricultural products regarding the amendments to Appendices 1, 2,
   3, 4, 5, 6 and 11 to the said Annex shall be based on the draft Decision of the Joint Committee
   annexed to this Decision.
                                               Article 2
   Decision No 2/2004 of the Joint Veterinary Committee on amendments to Appendices 1, 2 3
   4, 5, 6 and 11 to the Annex 11 to the Agreement shall be published in the Official Journal of
   the European Union as soon as it has been adopted.
   Done at Brussels,
                                                 For the Council
                                                 The President
EN                                                 4                                               EN
 ---pagebreak---                                               ANNEX
                                           Proposal for a
       DECISION No 2/2004 OF THE JOINT VETERINARY COMMITTEE SET UP
      UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND
      THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS
                                        of …………… 2004
          amending Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement
                                           (2004/.../EC)
   THE COMMITTEE,
   Having regard to the Agreement between the European Community and the Swiss
   Confederation on trade in agricultural products (hereinafter called the "Agricultural
   Agreement"), and in particular Article 19(3) of Annex 11 thereto,
   Whereas:
   (1)     The Agreement with Switzerland entered into force on 1 June 2002.
   (2)     Appendices 1, 2, 3, 4, 5, 6 and 11 of Annex II to the Agricultural Agreement were
           amended for the first time by Decision No 2/2003 of 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 of
           25 November 2003 regarding the amendment of Appendices 1, 2, 3, 4, 5, 6 and 11 of
           Annex 11 to the Agreement1. In general, the decision takes account of the legislation
           in force at 31 December 2000. In the specific case of bovine spongiform
           encephalopathy, it takes account of the legislation in force at 11 July 2003.
   (3)     Appendix 5 to Annex 11 to the Agricultural Agreement was amended a second time
           by Decision No 1/2004 of the Joint Veterinary Committee set up by the Agreement
           between the European Community and the Swiss Confederation on trade in
           agricultural products of 28 April 2004 regarding the amendment of Appendix 5 of
           Annex 11 to the Agreement2.
   1
         OJ L 23, 28.1.2004, p. 27.
   2
         OJ L 160, 30.4.2004, p. 116.
EN                                                5                                              EN
 ---pagebreak---    (4)        Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement should be amended
              to take account of changes in the Community and Swiss legislation in force at
              26 July 2004,
   HAS ADOPTED THIS DECISION:
                                                   Article 1
   Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement between the European
   Community and the Swiss Confederation on trade in agricultural products are hereby replaced
   by the Appendices in the Annex to this Decision.
                                                   Article 2
   This Decision, drawn up in duplicate, shall be signed by the joint chairmen or other persons
   empowered to act in the name of the Parties.
                                                   Article 3
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect at the date of the last signature.
           Signed at Bern, [date]                                       Signed at Brussels, [date]
                                    For the Joint Veterinary Committee
          Head of Delegation                                    Head of Delegation
          of the Swiss Confederation,                           of the Community
                                               _____________
EN                                                     6                                           EN
 ---pagebreak---                                         ANNEX
                                      "Appendix 1
            CONTROL MEASURES/NOTIFICATION OF DISEASES
                         I. FOOT-AND-MOUTH DISEASE
                                A.      LEGISLATION
              Community                                    Switzerland
   1. Council Directive 2003/85/EC of 1.          Law on epizootic diseases (LFE) of
      29 September 2003 on Community              1 July 1966, as last amended on
      measures for the control of foot-and-       20.6.2003 (RS 916.40), and in
      mouth disease repealing Directive           particular Articles 1, 1a and 9a
      85/511/EEC        and      Decisions        (measures against highly contagious
      84/531/EEC and 91/665/EEC and               epizootic       diseases,      control
      amending Directive 92/46/EEC                objectives) and 57 (technical
      (OJ L 306, 22.11.2003, p. 1)                implementing               provisions,
                                                  international cooperation) thereof
                                              2.  Ordonnance of 27 June 1995 on
                                                  epizootic diseases (OFE), as last
                                                  amended          on       23.06.2004,
                                                  (RS 916.401), and in particular
                                                  Articles 2 (highly contagious
                                                  epizootic diseases), 49 (handling
                                                  micro-organisms that are pathogenic
                                                  for animals), 73 and 74 (cleaning
                                                  and disinfection), 77 to 98 (common
                                                  provisions      concerning      highly
                                                  contagious epizootic diseases) and
                                                  99 to 103 (specific measures to
                                                  combat foot-and-mouth disease)
                                                  thereof
                                              3.  Ordonnance of 14 June 1999 on the
                                                  organisation of the Département
                                                  fédéral de l'économie, as last
                                                  amended on 5 December 2003
                                                  (RS 172.216.1), and in particular
                                                  Article    8     thereof    (reference
                                                  laboratory, registration, control and
                                                  provision of vaccine against foot-
                                                  and-mouth disease)
EN                                          7                                            EN
 ---pagebreak---       B.      SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
   1. In principle, the Commission and the Office Vétérinaire Fédéral shall notify each
      other of any intention to carry out emergency vaccinations. In extreme emergencies,
      notification may cover the decision as taken and the rules and procedures governing
      its implementation. At all events, consultations must be held as soon as possible
      within the Joint Veterinary Committee.
   2. Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has
      established an emergency warning plan. Technical implementation rule No 95/65
      issued by the Office Vétérinaire Fédéral lays down the procedures for that plan.
   3. The joint reference laboratory for identifying foot-and-mouth virus shall be the
      Institute for Animal Health, Pirbright Laboratory, United Kingdom. Switzerland
      shall pay the costs it incurs for operations carried out by the laboratory in that
      capacity. The functions and tasks of the laboratory shall be as laid down in
      Annex XVI to Directive 2003/85/EC.
EN                                          8                                             EN
 ---pagebreak---                                II.     CLASSICAL SWINE FEVER
                                       A.      LEGISLATION
                    Community                                     Switzerland
   Council     Directive       2001/89/EC       of 1.    Law on epizootic diseases (LFE) of
   23 October 2001 on Community measures for             1 July 1966, as last amended on
   the control of classical swine fever                  20.6.2003 (RS 916.40), and in
   (OJ L 316, 1.12.2001, p. 5), as last amended          particular Articles 1, 1a and 9a
   by the Act concerning the conditions of               (measures against highly contagious
   accession of the Czech Republic, the                  epizootic       diseases,      control
   Republic of Estonia, the Republic of Cyprus,          objectives) and 57 (technical
   the Republic of Latvia, the Republic of               implementing               provisions,
   Lithuania, the Republic of Hungary, the               international cooperation) thereof
   Republic of Malta, the Republic of Poland,
   the Republic of Slovenia and the Slovak 2.            Ordonnance of 27 June 1995 on
   Republic and the adjustments to the Treaties          epizootic diseases (OFE), as last
   on which the European Union is founded,               amended on 23 June 2004,
   Annex II: List referred to in Article 20 of the       (RS 916.401), and in particular
   Act of Accession – 6. Agriculture – B.                Articles 2 (highly contagious
   Veterinary and plant health legislation – I.          epizootic diseases), 40 to 47
   Veterinary legislation (OJ L 236, 23.9.2003,          (disposal and use of waste), 49
   p. 381)                                               (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.  Ordonnance of 14 June 1999 on the
                                                         organisation of the Département
                                                         fédéral de l'économie, as last
                                                         amended on 5 December 2003
                                                         (RS 172.216.1), and in particular
                                                         Article    8     thereof    (reference
                                                         laboratory)
                                                     4.  Ordonnance of 23 June 2004 on the
                                                         elimination of animal by-products
                                                         (OESPA), (RS 916.441.22)
EN                                                 9                                            EN
 ---pagebreak---       B.      SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
   1. The Commission and the Office Vétérinaire Fédéral shall notify each other of any
      intention to carry out emergency vaccinations. Consultations shall be held as soon as
      possible within the Joint Veterinary Committee.
   2. If necessary, pursuant to Article 117(5) of the Ordonnance on epizootic diseases, the
      Office Vétérinaire Fédéral shall lay down technical implementing rules on the
      marking and treatment of meat coming from protection and surveillance zones.
   3. Pursuant to Article 121 of the Ordonnance on epizootic diseases, Switzerland
      undertakes to implement a plan to eradicate classical swine fever in wild pigs in
      accordance with Articles 15 and 16 of Directive 2001/89/EEC. Consultations shall be
      held as soon as possible within the Joint Veterinary Committee.
   4. Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has
      established an emergency warning plan. Technical implementation rule No 95/65
      issued by the Office Vétérinaire Fédéral lays down the procedures for that plan.
   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 Ordonnance on epizootic diseases, the
      Office Vétérinaire Fédéral shall lay down technical implementing rules on
      serological checks on pigs in protection and surveillance zones in accordance with
      Annex IV to Decision 2002/106/EEC (OJ L 39, 9.2.2002, p. 71).
   7. The joint reference laboratory for classical swine fever shall be the Institut für
      Virologie der Tierärztlichen Hochschule Hannover, 15 Bünteweg 17, D-30559,
      Hannover, Germany. Switzerland shall pay the costs it incurs for operations carried
      out by the laboratory in that capacity. The functions and tasks of the laboratory shall
      be as laid down in Annex IV to Directive 2001/89/EC.
EN                                          10                                                EN
 ---pagebreak---                                III. AFRICAN HORSE SICKNESS
                                      A.     LEGISLATION
                    Community                                   Switzerland
   Council Directive 92/35/EC of 29 April 1992 1.      Law on epizootic diseases (LFE) of
   laying down control rules and measures to           1 July 1966, as last amended on
   combat African horse sickness (OJ L 157,            20 June 2003 (RS 916.40), and in
   10.6.1992, p. 19), as last amended by the Act       particular Articles 1, 1a and 9a
   concerning the conditions of accession of the       (measures against highly contagious
   Czech Republic, the Republic of Estonia, the        epizootic       diseases,      control
   Republic of Cyprus, the Republic of Latvia,         objectives) and 57 (technical
   the Republic of Lithuania, the Republic of          implementing               provisions,
   Hungary, the Republic of Malta, the Republic        international cooperation) thereof
   of Poland, the Republic of Slovenia and the
   Slovak Republic and the adjustments to the 2.       Ordonnance of 27 June 1995 on
   Treaties on which the European Union is             epizootic diseases (OFE), as last
   founded, Annex II: List referred to in              amended on 23 June 2004
   Article 20 of the Act of Accession – 6.             (RS 916.401), and in particular
   Agriculture – B. Veterinary and plant health        Articles 2 (highly contagious
   legislation – I. Veterinary legislation             epizootic diseases), 49 (handling
   (OJ L 236, 23.9.2003, p. 381)                       micro-organisms that are pathogenic
                                                       for animals), 73 and 74 (cleaning
                                                       and disinfection), 77 to 98 (common
                                                       provisions      concerning      highly
                                                       contagious epizootic diseases) and
                                                       112 to 115 (specific measures to
                                                       combat African horse sickness)
                                                       thereof
                                                  3.   Ordonnance of 14 June 1999 on the
                                                       organisation of the Département
                                                       fédéral de l'économie, as last
                                                       amended on 5 December 2003
                                                       (RS 172.216.1), and in particular
                                                       Article    8     thereof    (reference
                                                       laboratory)
EN                                              11                                            EN
 ---pagebreak---       B.      SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
   1. Where an epizootic disease of particular severity develops in Switzerland, the Joint
      Veterinary Committee shall meet to consider the situation. The competent Swiss
      authorities undertake to take the measures found necessary in the light of that
      examination.
   2. The joint reference laboratory for African horse sickness shall be the Laboratorio de
      Sanidad y Producción Animal, Ministerio de Agricultura, Pesca y Alimentación,
      28110 Algete, Madrid, Spain. Switzerland shall pay the costs it incurs for operations
      carried out by the laboratory in that capacity. The functions and tasks of the
      laboratory shall be as laid down in Annex III to Directive 92/35/EEC.
   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
      92/35/EEC and Article 57 of the Law on epizootic diseases.
   4. Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has
      established an action plan. Technical implementation rule No 95/65 issued by the
      Office Vétérinaire Fédéral lays down the procedures for that plan.
EN                                         12                                               EN
 ---pagebreak---                                    IV.     AVIAN INFLUENZA
                                       A.      LEGISLATION
                    Community                                        Switzerland
   Council      Directive      92/40/EEC        of 1.       Law on epizootic diseases (LFE) of
   19 May 1992       introducing      Community             1 July 1966, as last amended on
   measures for the control of avian influenza              20 June 2003 (RS 916.40), and in
   (OJ L 167, 22.6.1992, p. 1), as last amended             particular Articles 1, 1a and 9a
   by the Act concerning the conditions of                  (measures against highly contagious
   accession of the Czech Republic, the                     epizootic       diseases,      control
   Republic of Estonia, the Republic of Cyprus,             objectives) and 57 (technical
   the Republic of Latvia, the Republic of                  implementing               provisions,
   Lithuania, the Republic of Hungary, the                  international cooperation) thereof
   Republic of Malta, the Republic of Poland,
   the Republic of Slovenia and the Slovak 2.               Ordonnance of 27 June 1995 on
   Republic and the adjustments to the Treaties             epizootic diseases (OFE), as last
   on which the European Union is founded,                  amended on 23 June 2004
   Annex II: List referred to in Article 20 of the          (RS 916.401), and in particular
   Act of Accession – 6. Agriculture – B.                   Articles 2 (highly contagious
   Veterinary and plant health legislation – I.             epizootic diseases), 49 (handling
   Veterinary legislation (OJ L 236, 23.9.2003,             micro-organisms that are pathogenic
   p. 381)                                                  for animals), 73 and 74 (cleaning
                                                            and disinfection), 77 to 98 (common
                                                            provisions      concerning      highly
                                                            contagious epizootic diseases) and
                                                            122 to 125 (specific measures
                                                            concerning avian influenza) thereof
                                                    3.      Ordonnance of 14 June 1999 on the
                                                            organisation of the Département
                                                            fédéral de l'économie, as last
                                                            amended on 5 December 2003
                                                            (RS 172.216.1), and in particular
                                                            Article    8     thereof    (reference
                                                            laboratory)
           B.      SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
   1.      The joint reference laboratory for avian influenza shall be the Central Veterinary
           Laboratory, New Haw, Weybridge, Surrey KT15 3NB, United Kingdom.
           Switzerland shall pay the costs it incurs for operations carried out by the laboratory
           in that capacity. The functions and tasks of the laboratory shall be as laid down in
           Annex V to Directive 92/40/EEC.
EN                                                13                                               EN
 ---pagebreak---    2. Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has
      established an emergency plan. Technical implementation rule No 95/65 issued by
      the Office Vétérinaire Fédéral lays down the procedures for that plan.
   3. On-the-spot inspections shall be carried out under the responsibility of the Joint
      Veterinary Committee in accordance in particular with Article 18 of Directive
      92/40/EEC and Article 57 of the Law on epizootic diseases.
EN                                         14                                            EN
 ---pagebreak---                                  V.     NEWCASTLE DISEASE
                                       A.      LEGISLATION
                    Community                                      Switzerland
   Council Directive 92/66/EEC of 14 July 1992 1.        Law on epizootic diseases (LFE) of
   introducing Community measures for the                1 July 1966, as last amended on
   control of Newcastle disease (OJ L 260,               20 June 2003 (RS 916.40), and in
   5.9.1992, p. 1), as last amended by the Act           particular Articles 1, 1a and 9a
   concerning the conditions of accession of the         (measures against highly contagious
   Czech Republic, the Republic of Estonia, the          epizootic diseases, control objectives)
   Republic of Cyprus, the Republic of Latvia, the       and 57 (technical implementing
   Republic of Lithuania, the Republic of                provisions, international cooperation)
   Hungary, the Republic of Malta, the Republic          thereof
   of Poland, the Republic of Slovenia and the
   Slovak Republic and the adjustments to the 2.         Ordonnance of 27 June 1995 on
   Treaties on which the European Union is               epizootic diseases (OFE), as last
   founded, Annex II: List referred to in                amended       on    23    June     2004
   Article 20 of the Act of Accession – 6.               (RS 916.401), and in particular
   Agriculture – B. Veterinary and plant health          Articles 2 (highly contagious epizootic
   legislation – I. Veterinary legislation               diseases), 40 to 47 (disposal and use
   (OJ L 236, 23.9.2003, p. 381)                         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 122
                                                         to 125 (specific measures concerning
                                                         Newcastle disease) thereof
                                                    3.   Ordonnance of 14 June 1999 on the
                                                         organisation of the Département
                                                         fédéral de l'économie, as last amended
                                                         on 5 December 2003 (RS 172.216.1),
                                                         and in particular Article 8 thereof
                                                         (reference laboratory)
                                                    4.   Instruction (technical directive) of the
                                                         Office     Vétérinaire    Fédéral     of
                                                         20 June 1989        on       combating
                                                         paramyxovirosis in pigeons (Bulletin
                                                         of the Office Vétérinaire Fédéral
                                                         No 90(13) p. 113 (vaccination, etc.))
                                                    5.   Ordonnance of 23 June 2004 on the
                                                         elimination of animal by-products
                                                         (OESPA), (RS 916.441.22)
EN                                                15                                              EN
 ---pagebreak---       B.      SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
   1. The joint reference laboratory for Newcastle disease shall be the Central Veterinary
      Laboratory, New Haw, Weybridge, Surrey KT15 3NB, United Kingdom.
      Switzerland shall pay the costs it incurs for operations carried out by the laboratory
      in that capacity. The functions and tasks of the laboratory shall be as laid down in
      Annex V to Directive 92/66/EEC.
   2. Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has
      established an emergency plan. Technical implementation rule No 95/65 issued by
      the Office Vétérinaire Fédéral lays down the procedures for that plan.
   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/EEC and Article 57 of the Law on epizootic diseases.
EN                                           16                                              EN
 ---pagebreak---                                         VI.    FISH DISEASES
                                         A.     LEGISLATION
                      Community                                        Switzerland
   Council Directive 93/53/EEC of 24 June 1993 1.             Law of 1 July 1966 on epizootic
   introducing minimum Community measures                     diseases (LFE), as last amended on
   for the control of certain fish diseases                   20 June 2003 (RS 916.40), and in
   (OJ L 175, 19.7.1993, p. 23), as last amended              particular Articles 1, 1a and 10
   by the Act concerning the conditions of                    (measures against epizootic diseases)
   accession of the Czech Republic, the Republic              and 57 (technical implementing
   of Estonia, the Republic of Cyprus, the                    provisions, international cooperation)
   Republic of Latvia, the Republic of Lithuania,             thereof
   the Republic of Hungary, the Republic of
   Malta, the Republic of Poland, the Republic of 2.          Ordonnance of 27 June 1995 on
   Slovenia and the Slovak Republic and the                   epizootic diseases (OFE), as last
   adjustments to the Treaties on which the                   amended       on    23     June    2004
   European Union is founded, Annex II: List                  (RS 916.401), and in particular
   referred to in Article 20 of the Act of                    Articles 3 and 4 (epizootic diseases
   Accession – 6. Agriculture – B. Veterinary and             referred to), 61 (obligations of leasers
   plant health legislation – I. Veterinary                   of fishing rights and of bodies
   legislation (OJ L 236, 23.9.2003, p. 381)                  responsible for monitoring fishing), 62
                                                              to 76 (general measures for combating
                                                              disease) 275 to 290 (specific measures
                                                              relating to fish diseases, diagnostic
                                                              laboratory) thereof
              B.     SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
     1.       At present salmon farming is not authorised and the species is not present in
              Switzerland. In accordance with amendment I to the Ordonnance on epizootic
              diseases (OFE) of 28 March 2001 (RO 2001.1337), infectious anaemia in salmon is
              now classified in Switzerland as a disease to be eradicated. The situation shall be
              reviewed within the Joint Veterinary Committee one year after the entry into force of
              this Annex.
     2.       Flat oyster farming is not currently practised in Switzerland. Should cases of
              bonamiosis or marteiliosis appear, the Office Vétérinaire Fédéral undertakes to take
              the necessary emergency measures in accordance with Community rules on the basis
              of Article 57 of the Law on epizootic diseases.
EN                                                 17                                                  EN
 ---pagebreak---    3. In cases as referred to in Article 7 of Directive 93/53/EEC, the information shall be
      submitted to the Joint Veterinary Committee.
   4. The joint reference laboratory for fish diseases shall be the Statens Veterinaere
      Serumlaboratorium, Landbrugsministeriet, Hangövej 2, 8200 Århus, Denmark.
      Switzerland shall pay the costs it incurs for operations carried out by the laboratory
      in that capacity. The functions and tasks of the laboratory shall be as laid down in
      Annex C to Directive 93/53/EEC.
   5. Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has
      established an action plan. Technical implementation rule No 95/65 issued by the
      Office Vétérinaire Fédéral lays down the procedures for that plan.
   6. On-the-spot inspections shall be carried out under the responsibility of the Joint
      Veterinary Committee in accordance in particular with Article 16 of Directive
      93/53/EEC and Article 57 of the Law on epizootic diseases.
EN                                          18                                               EN
 ---pagebreak---                      VII.    BOVINE SPONGIFORM ENCEPHALOPATHY
                                      A.      LEGISLATION
                    Community                                    Switzerland
   Regulation (EC) No 999/2001 of the European 1.       Ordonnance of 27 May 1981 on the
   Parliament and of the Council of 22 May 2001         protection of animals (OPAn), as last
   laying down rules for the prevention, control        amended on 27 June 2001 (RS 455.1),
   and eradication of certain transmissible             and in particular Article 64f thereof
   spongiform encephalopathies (OJ L 147,               (stunning procedures)
   31.5.2001, p. 1), as last amended by
   Commission Regulation (EC) No 876/2004 of 2.         Ordonnance of 20 April 1988 on the
   29 April 2004 amending Annex VIII to                 import, transit and export of animals
   Regulation (EC) No 999/2001 of the European          and animal products (OITE), as last
   Parliament and of the Council as regards trade       amended       on    23    June     2004
   in ovine and caprine animals for breeding            (RS 916.443.11), and in particular
   (OJ L 162, 30.4.2004, p. 52).                        Articles    3    (Office     Vétérinaire
                                                        Fédéral), 25 to 58 (import) and 64 to
                                                        77 (exports) thereof
                                                   3.   Ordonnance (1/90) of 13 June 1990
                                                        temporarily prohibiting the import of
                                                        ruminants and the products of such
                                                        animals      from      Great     Britain
                                                        (RS 916.443.39)
                                                   4.   Law of 9 October 1992 on foodstuffs
                                                        (LDA1), as last amended on
                                                        21 March 2003 (RS 817.0), and in
                                                        particular Articles 24 (inspection and
                                                        sampling) and 40 (inspection of
                                                        foodstuffs) thereof
                                                   5.   Ordonnance of 1 March 1995 on meat
                                                        hygiene (OHyV), as last amended on
                                                        23 June 2004 (RS 817.190), and in
                                                        particular Articles 31-33 (inspection
                                                        of animals before slaughter), 48
                                                        (duties of meat inspectors) and 49 to
                                                        54 (duties of meat checkers)
EN                                               19                                              EN
 ---pagebreak---                                              6.      Ordonnance of 1 March 1995 on
                                                     foodstuffs (ODA1), as last amended
                                                     on 23 June 2004 (RS 817.02), and in
                                                     particular Article 122 thereof (parts of
                                                     the carcase which may not be used)
                                             7.      Ordonnance of 27 June 1995 on
                                                     epizootic diseases (OFE), as last
                                                     amended       on    23     June      2004
                                                     (RS 916.401), and in particular
                                                     Articles      6     (definitions      and
                                                     abbreviations), 36 (Patent), 61
                                                     (obligation      to     report),      130
                                                     (surveillance of Swiss livestock), 175
                                                     to 185 (transmissible spongiform
                                                     encephalopathies),      297      (internal
                                                     implementation), 301 (duties of the
                                                     canton veterinarian), 303 (training and
                                                     further training of veterinary officials)
                                                     and 312 (diagnostic laboratories)
                                                     thereof
                                             8.      Ordonnance of 10 June 1999 on the
                                                     catalogue of feedingstuffs (OLAlA),
                                                     as last amended on 15 December 2003
                                                     (RS 916.307.1), and in particular
                                                     Article 28 thereof (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) thereto.
      B.     SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
   1. The joint reference laboratory for bovine spongiform encephalopathy (BSE) shall be
      the Veterinary Laboratories Agency, Woodham Lane, New Haw, Addlestone, Surrey
      KT15 3NB, United Kingdom. Switzerland shall pay the costs it incurs for operations
      carried out by the laboratory in that capacity. The functions and tasks of the
      laboratory shall be as laid down in Chapter B of Annex X to Regulation (EC)
      No 999/2001.
EN                                         20                                                   EN
 ---pagebreak---    2. Pursuant to Article 57 of the Ordonnance on epizootic diseases, Switzerland has
      established an emergency plan for implementing measures to combat BSE.
   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 Community shall be placed under an
      official movement restriction until the results of a clinical and epidemiological
      examination carried out by the competent authority are known, or sacrificed for
      laboratory examination under official control.
      Under Article 177 of the Ordonnance on epizootic diseases, Switzerland has banned
      the slaughter of animals suspected of being infected by BSE. Suspect animals must
      be killed without spilling blood and incinerated, and their brains must be analysed in
      the Swiss reference laboratory for BSE.
      Under Article 10 of the Ordonnance on epizootic diseases, Switzerland has
      introduced a permanent identification system for bovine animals enabling them to be
      traced back to the dam and herd of origin and making it possible to establish that
      they are not the progeny of BSE suspect or confirmed females.
      Under Articles 178 and 179 of the Ordonnance on epizootic diseases, Switzerland
      slaughters animals infected with BSE and their progeny. Since 1 July 1999,
      Switzerland has also implemented slaughter by cohort (it practised slaughter by herd
      from 14 December 1996 until 30 June 1999).
   4. Under Article 7 of Regulation (EC) No 999/2001, the Member States of the
      Community prohibit the feeding of processed animal proteins to farmed animals
      which are kept, fattened or bred for the production of food. There is a total
      prohibition on feeding proteins derived from animals to ruminants in the Member
      States of the Community.
      Under Article 183 of the Ordonnance on epizootic diseases, Switzerland has
      introduced a total prohibition on the feeding of animal protein to farmed animals,
      which entered into force on 1 January 2001.
   5. Under Article 6 of Regulation (EC) No 999/2001 and in accordance with Chapter A
      of Annex III to that Regulation, the Member States of the Community are to
      introduce an annual BSE monitoring programme. This plan includes a rapid BSE test
      for all cattle more than 24 months old subject to emergency slaughter, animals which
      have died on the farm or found to be ill during the ante mortem inspection and all
      animals more than 30 months old slaughtered for human consumption.
EN                                          21                                               EN
 ---pagebreak---       The rapid BSE tests used by Switzerland are listed in Chapter C of Annex X to
      Regulation (EC) No 999/2001.
      Under Article 175a of the Ordonnance on epizootic diseases, Switzerland is to carry
      out a compulsory rapid BSE test for all bovine animals more than 30 months old
      subject to emergency slaughter, animals which have died on the farm or been found
      to be ill during the ante mortem inspection and all animals more than 30 months old
      slaughtered for human consumption. In addition, operators are to implement a
      voluntary programme for monitoring bovine animals more than 20 months old
      slaughtered for human consumption.
   6. The Joint Veterinary Committee shall be responsible for providing the information
      required in Article 6 and Chapter B of Annex III and in Annex IV (3.II) to
      Regulation (EC) No 999/2001.
   7. On-the-spot inspections shall be 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, pursuant to the Ordonnance of 20 November 2002 on the
      allocation of contributions to cover the costs of eliminating animal waste in 2003
      (RS 916.406), Switzerland has introduced a financial incentive for farms on which
      bovine animals are born and slaughterhouses where they are slaughtered, provided
      they comply with the procedures for declaring animal movements as provided for in
      the legislation in force.
   2. Under Article 8 of Regulation (EC) No 999/2001 and in accordance with point 1 of
      Annex XI to that Regulation, the Member States of the Community are to remove
      and destroy specified risk materials (SRMs). The list of SRMs removed includes, in
      particular, the spinal column of bovine animals more than 12 months old.
      Under Articles 181 and 182 of the Ordonnance on epizootic diseases and Article 122
      of the Ordonnance on foodstuffs, Switzerland has introduced a policy of removing
      SRMs from the animal and human food chains. The list of SRMs removed includes,
      in particular, the spinal column of bovine animals more than 30 months old.
   3. Regulation (EC) No 1774/2002 of the European Parliament and of the Council lays
      down health rules concerning animal by-products not intended for human
      consumption in the Member States of the Community.
      Under Article 13 of the Ordonnance on the elimination of animal by-products,
      Switzerland is to incinerate category 1 animal by-products, including specified risk
      materials and animals which have died on the farm.
EN                                          22                                             EN
 ---pagebreak---                                        VIII.   OTHER DISEASES
                                          A.      LEGISLATION
                     Community                                            Switzerland
   Council       Directive      92/119/EEC         of 1.        Law of 1 July 1966 on epizootic
   17 December 1992         introducing      general            diseases (LFE), as last amended on
   Community measures for the control of certain                20 June 2003 (RS 916.40), and in
   animal diseases and specific measures relating               particular Articles 1, 1a and 9a
   to swine vesicular disease (OJ L 62, 15.3.1993,              (measures against highly contagious
   p. 69), as last amended by the Act concerning                epizootic diseases, control objectives)
   the conditions of accession of the Czech                     and 57 (technical implementing
   Republic, the Republic of Estonia, the Republic              provisions, international cooperation)
   of Cyprus, the Republic of Latvia, the Republic              thereof
   of Lithuania, the Republic of Hungary, the
   Republic of Malta, the Republic of Poland, the 2.            Ordonnance of 27 June 1995 on
   Republic of Slovenia and the Slovak Republic                 epizootic diseases (OFE), as last
   and the adjustments to the Treaties on which                 amended       on    23    June    2004
   the European Union is founded, Annex II: List                (RS 916.401), and in particular
   referred to in Article 20 of the Act of                      Articles 2 (highly contagious epizootic
   Accession – 6. Agriculture – B. Veterinary and               diseases), 49 (handling micro-
   plant health legislation – I. Veterinary                     organisms that are pathogenic for
   legislation (OJ L 236, 23.9.2003, p. 381)                    animals), 73 and 74 (cleaning and
                                                                disinfection), 77 to 98 (common
                                                                provisions       concerning      highly
                                                                contagious epizootic diseases) and 103
                                                                to 105 (specific measures concerning
                                                                the control of swine vesicular disease)
                                                                thereof
                                                       3.       Ordonnance of 14 June 1999 on the
                                                                organisation of the Département
                                                                fédéral de l'économie, as last amended
                                                                on 5 December 2003 (RS 172.216.1),
                                                                and in particular Article 8 thereof
                                                                (reference laboratory)
              B.     SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
     1.       In cases as referred to in Article 6 of Directive 92/119/EEC, the information shall be
              submitted to the Joint Veterinary Committee.
     2.       The joint reference laboratory for swine vesicular disease shall be the AFR Institute
              for Animal Health, Pirbright Laboratory, Ash Road, Pirbright, Woking, Surrey,
              GU24 0NF, United Kingdom. Switzerland shall pay the costs it incurs for operations
              carried out by the laboratory in that capacity. The functions and tasks of the
              laboratory shall be as laid down in Annex III to Directive 92/119/EEC.
EN                                                   23                                                 EN
 ---pagebreak---    3. Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has
      established an emergency plan. Technical implementation rule No 95/65 issued by
      the Office Vétérinaire Fédéral lays down the procedures for that plan.
   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
      92/119/EEC and Article 57 of the Law on epizootic diseases.
EN                                         24                                            EN
 ---pagebreak---                                 IX.     NOTIFICATION OF DISEASES
                                          A.     LEGISLATION
                      Community                                         Switzerland
   Council       Directive       82/894/EEC       of 1.       Law of 1 July 1966 on epizootic
   21 December 1982 on the notification of                    diseases (LFE), as last amended on
   animal diseases within the Community                       20 June 2003 (RS 916.40), and in
   (OJ L 378, 31.12.1982, p. 58), as last amended             particular Articles 11 (announcement
   by Commission Decision 2004/216/EC of 1                    and declaration of diseases) and 57
   March 2004 amending Council Directive                      (technical implementing provisions,
   82/894/EEC on the notification of animal                   international cooperation) thereof
   diseases within the Community to include
   certain equine diseases and certain diseases of 2.         Ordonnance of 27 June 1995 on
   bees to the list of notifiable diseases (OJ L 67,          epizootic diseases (OFE), as last
   5.3.2004, p. 27).                                          amended      on     23    June     2004
                                                              (RS 916.401), and in particular
                                                              Articles 2 to 5 (diseases referred to),
                                                              59 to 65 and 291 (obligation to report,
                                                              notification) and 292 to 299
                                                              (monitoring,           implementation,
                                                              administrative assistance) thereof
             B.       SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
     The Commission, in cooperation with the Office Vétérinaire Fédéral, shall integrate
     Switzerland into the animal disease notification system provided for in Directive 82/894/EEC.
EN                                                  25                                                EN
 ---pagebreak---                                               Appendix 2
                ANIMAL HEALTH: TRADE AND PLACING ON THE MARKET
                             I.      BOVINE ANIMALS AND SWINE
                                        A.      LEGISLATION
                     Community                                          Switzerland
   Council Directive 64/432/EEC of 26 June 1964 1.            Ordonnance of 27 June 1995 on
   on animal health problems affecting intra-                 epizootic diseases (OFE), as last
   Community trade in bovine animals and swine                amended      on     23    June    2004
   (OJ L 121, 29.7.1964, p. 1977/64), as last                 (RS 916.401), and in particular
   amended by Council Regulation (EC)                         Articles 27 to 31 (markets,
   No 21/2004 of 17 December 2003 establishing                exhibitions), 34 to 37 (trade), 73 and
   a system for the identification and registration           74 (cleaning and disinfection), 116 to
   of ovine and caprine animals and amending                  121 (African swine fever), 135 to 141
   Regulation (EC) No 1782/2003 and Directives                (Aujeszky's disease), 150 to 157
   92/102/EEC and 64/432/EEC (OJ L 5,                         (bovine brucellosis), 158 to 165
   9.1.2004, p. 8).                                           (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.       Ordonnance of 20 April 1988 on the
                                                              import, transit and export of animals
                                                              and animal products (OITE), as last
                                                              amended      on     23    June    2004
                                                              (RS 916.443.11)
             B.      SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
     1.      Pursuant to the first paragraph of Article 297 of the Ordonnance on epizootic
             diseases, the Office Vétérinaire Fédéral shall approve assembly centres as defined in
             Article 2 of Directive 64/432/EEC. For the purposes of this Annex, in accordance
             with Articles 11, 12 and 13 of Directive 64/432/EEC, Switzerland shall draw up a list
             of its approved assembly centres, transporters and traders.
     2.      The information provided for in Article 11(3) of Directive 64/432/EEC shall be
             submitted to the Joint Veterinary Committee.
EN                                                 26                                                 EN
 ---pagebreak---    3. For the purposes of this Annex, Switzerland is recognised as fulfilling the conditions
      laid down in Annex A(II)(7) of 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 (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) of Directive 64/432/EEC is not
      fulfilled by Switzerland, the Office Vétérinaire Fédéral shall immediately notify the
      Commission. The situation shall be considered within the Joint Veterinary
      Committee with a view to reviewing this paragraph.
   4. For the purposes of this Annex, Switzerland is recognised as fulfilling the conditions
      laid down in Annex A(I)(4) of 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 the herds of origin and transit herds. Where lesions
             suspected to have been caused by tuberculosis are discovered during an
             autopsy or on slaughter, the competent authorities shall have a laboratory
             examination conducted on the lesions.
EN                                            27                                                  EN
 ---pagebreak---       (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 animal has left the herd and the second
             at least six months after the first.
      Detailed information on the infected herds and an epidemiological report shall be
      submitted to the Joint Veterinary Committee. If any of the conditions laid down in
      the first subparagraph of Annex A(I)(4) of Directive 64/432/EEC is not fulfilled by
      Switzerland, the Office Vétérinaire Fédéral shall immediately notify the
      Commission. The situation shall be considered within the Joint Veterinary
      Committee with a view to reviewing this paragraph.
   5. For the purposes of this Annex Switzerland is recognised as fulfilling the conditions
      laid down in Chapter I.F of Annex D to Directive 64/432/EEC as regards enzootic
      bovine leucosis. In order to maintain its status as having an officially enzootic bovine
      leucosis-free herd, Switzerland undertakes to meet the following conditions:
      (a)    The Swiss herd shall be monitored by sampling checks. The size of the sample
             shall be such that it can be declared with 99 % reliability that less than 0.2 % of
             herds are infected with enzootic bovine leucosis.
      (b)    All slaughtered animals shall undergo a post mortem inspection carried out by
             an official veterinarian.
      (c)    Any suspected cases of enzootic bovine leucosis found in clinical
             examinations, autopsies or checks on meat shall be reported to the competent
             authorities.
      (d)    Where enzootic bovine leucosis is suspected or found to be present, the
             officially leucosis-free status of the herd shall be suspended until the isolation
             period is terminated.
EN                                             28                                                EN
 ---pagebreak---       (e)   The isolation period shall be terminated when, after the infected animals and,
            where appropriate, their calves have been eliminated, two serological
            examinations carried out at an interval of at least 90 days have produced
            negative results.
      If enzootic bovine leucosis has been found in 0.2 % of herds, the Office Vétérinaire
      Fédéral shall immediately notify the Commission. The situation shall be considered
      within the Joint Veterinary Committee with a view to reviewing this paragraph.
   6. For the purposes of this Annex, Switzerland is recognised as officially free from
      infectious bovine rhinotracheitis. In order to maintain that status, Switzerland
      undertakes to meet the following conditions:
      (a)   The Swiss herd shall be monitored by sampling checks. The size of the sample
            shall be such that it can be declared with 99% reliability that less than 0.2% of
            herds are infected with infectious bovine rhinotracheitis.
      (b)   Breeding bulls aged over 24 months shall undergo an annual serological
            examination.
      (c)   Any suspected cases of infectious bovine rhinotracheitis shall be reported to
            the competent authorities and the animals concerned shall undergo official tests
            for infectious bovine rhinotracheitis, comprising virological or serological
            tests.
      (d)   Where infectious bovine rhinotracheitis is suspected or found to be present, the
            officially infection-free status of the herd shall be suspended until the isolation
            period is terminated.
      (e)   The isolation period shall be terminated when a serological examination carried
            out at least 30 days after the infected animals have been eliminated produces
            negative results.
      By virtue of the recognised status of Switzerland, Decision 2004/558/EC (OJ L 249,
      23.7.2004, p. 20), shall apply mutatis mutandis.
      The Office Vétérinaire Fédéral shall immediately notify the Commission of any
      change in the conditions on which recognition of that status was 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.
EN                                           29                                                 EN
 ---pagebreak---        (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, Decision 2001/618/EC (OJ 215,
       9.8.2001, p. 48), as last amended by Decision 2004/320/EC (OJ L 102, 7.4.2004,
       p. 75), shall apply mutatis mutandis.
       The Office Vétérinaire Fédéral shall immediately notify the Commission of any
       change in the conditions on which recognition of that status was 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 Office Vétérinaire Fédéral of any developments in
       this area.
   9.  In Switzerland the Institut de Bactériologie Vétérinaire of the University of Bern is
       responsible for the official testing of tuberculins within the meaning of point 4 of
       Annex B to Directive 64/432/EEC.
   10. The Institut de Bactériologie Vétérinaire of the University of Bern shall be
       responsible for the official testing of antigens (brucellosis) in Switzerland in
       accordance with point 4 of Annex C(A) to Directive 64/432/EEC.
   11. Bovine animals and swine traded between the Member States of the Community and
       Switzerland shall be accompanied by health certificates in accordance with the
       models set out in Annex F to Directive 64/432/EEC. The following adjustments shall
       apply:
EN                                            30                                                 EN
 ---pagebreak---        Model 1:
       –      in section C, the certifications are adapted as follows:
              –     in point 4, relating to the additional guarantees, the following is added to
                    the indents:
                    "–    disease: infectious bovine rhinotracheitis;
                    –     in accordance with Commission Decision 2004/558/EC, which
                          shall apply mutatis mutandis;";
       Model 2:
       –      in section C, the certifications are adapted as follows:
              –     in point 4, relating to the additional guarantees, the following is added to
                    the indents:
                    "–    disease: Aujeszky's
                    –     in accordance with Commission Decision 2001/618/EC, which
                          shall apply mutatis mutandis;";
   12. For the purposes of applying this Annex, bovine animals traded between the Member
       States of the Community and Switzerland must be accompanied by additional health
       certificates containing the following health declarations:
       "–     The bovine animals:
              –     are identified by a permanent identification system enabling them to be
                    traced back to the dam and herd of origin and making it possible to
                    establish that they are not the progeny of BSE suspect or confirmed
                    females born during the two years preceding the diagnosis;
              –     do not come from herds where a suspected case of BSE is under
                    investigation;
              –     were born after 1 June 2001."
EN                                              31                                               EN
 ---pagebreak---                                     II.    SHEEP AND GOATS
                                        A.    LEGISLATION
                    Community                                          Switzerland
   Council      Directive      91/68/EEC       of 1.        Ordonnance of 27 June 1995 on
   28 January 1991 on animal health conditions              epizootic diseases (OFE), as last
   governing intra-Community trade in ovine and             amended       on     23   June    2004
   caprine animals (OJ L 46, 19.2.1991 p. 19), as           (RS 916.401), and in particular
   last amended by Commission Decision                      Articles 27 to 31 (markets,
   2004/554/EC of 9 July 2004 amending Annex                exhibitions), 34 to 37 (trade), 73 and
   E to Council Directive 91/68/EEC and Annex I             74 (cleaning and disinfection), 142 to
   to Council Decision 79/542/EEC as regards the            149      (rabies),    158    to    165
   updating of the model health certificates                (tuberculosis), 166 to 169 (scrapie),
   relating to ovine and caprine animals                    190 to 195 (ovine and caprine
   (OJ L 248, 22.7.2004, p. 1)                              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.       Ordonnance of 20 April 1988 on the
                                                            import, transit and export of animals
                                                            and animal products (OITE), as last
                                                            amended       on     23   June    2004
                                                            (SR 916.443.11)
             B.     SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
     1.      For the purposes of the second subparagraph of Article 3(2) of Directive 91/68/EEC,
             the information referred to therein shall be submitted to the Joint Veterinary
             Committee.
     2.      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.
     3.      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.
EN                                               32                                                EN
 ---pagebreak---       Should ovine and caprine brucellosis appear or reappear, Switzerland shall inform
      the Joint Veterinary Committee so that the necessary measures can be taken in line
      with developments in the situation.
   4. Ovine and caprine animals traded between the Member States of the Community and
      Switzerland shall be accompanied by health certificates in accordance with the
      models set out in Annex E to Directive 91/68/EEC.
EN                                        33                                             EN
 ---pagebreak---                                            III.   EQUIDAE
                                         A.     LEGISLATION
                     Community                                      Switzerland
   Council Directive 90/426/EEC of 26 June 1990 1.         Ordonnance of 27 June 1995 on
   on animal health conditions governing the               epizootic diseases (OFE), as last
   movement and import from third countries of             amended       on    23   June    2004
   equidae (OJ L 224, 18.8.1990 p.42), as last             (RS 916.401), and in particular
   amended by Council Directive 2004/68/EC of              Articles 112 to 115 (African horse
   26 April 2004 laying down animal health rules           disease), 204 to 206 (dourine,
   for the importation into and transit through the        encephalomyelitis, infectious anaemia,
   Community of certain live ungulate animals,             glanders), and 240 to 244 (contagious
   amending     Directives     90/426/EEC       and        equine metritis) thereof
   92/65/EEC       and      repealing     Directive
   72/462/EEC (OJ L 139 30.4.2004, p. 320)           2.    Ordonnance of 20 April 1988 on the
                                                           import, transit and export of animals
                                                           and animal products (OITE), as last
                                                           amended       on    23   June    2004
                                                           (RS 916.443.11)
             B.      SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
     1.      For the purposes of Article 3 of Directive 90/426/EEC, information shall be
             submitted to the Joint Veterinary Committee.
     2.      For the purposes of Article 6 of Directive 90/426/EEC, 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
             90/426/EEC and Article 57 of the Law on epizootic diseases.
     4.      Annexes B and C to Directive 90/426/EEC shall apply mutatis mutandis to
             Switzerland.
EN                                                 34                                             EN
 ---pagebreak---                              IV.     POULTRY AND HATCHING EGGS
                                         A.     LEGISLATION
                      Community                                         Switzerland
   Council       Directive      90/539/EEC       of 1.        Ordonnance of 27 June 1995 on
   15 October 1990 on animal health conditions                epizootic diseases (OFE), as last
   governing intra-Community trade in, and                    amended       on    23    June     2004
   imports from third countries of, poultry and               (RS 916.401), and in particular
   hatching eggs (OJ L 303, 31.10.1990, p. 6), as             Articles 25 (transport), 122 to 125
   last amended by the Act concerning the                     (avian influenza and Newcastle
   conditions of accession of the Czech Republic,             disease), 255 to 261 (Salmonella
   the Republic of Estonia, the Republic of                   enteritidis) and 262 to 265 (avian
   Cyprus, the Republic of Latvia, the Republic of            infectious laryngotracheitis) thereof
   Lithuania, the Republic of Hungary, the
   Republic of Malta, the Republic of Poland, the 2.          Ordonnance of 20 April 1988 on the
   Republic of Slovenia and the Slovak Republic               import, transit and export of animals
   and the adjustments to the Treaties on which               and animal products (OITE), as last
   the European Union is founded, Annex II: List              amended       on    23    June     2004
   referred to in Article 20 of the Act of                    (RS 916.443.11), and in particular
   Accession – 6. Agriculture – B. Veterinary and             Article 64a (approval of export
   plant health legislation – I. Veterinary                   establishments) thereof
   legislation (OJ L 236, 23.9.2003, p. 381)
              B.     SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
     1.       For the purposes of Article 3 of Directive 90/539/EEC, Switzerland shall submit a
              plan to the Joint Veterinary Committee setting out the measures it intends to
              implement for the approval of its establishments.
     2.       For the purposes of Article 4 of Directive 90/539/EEC, the national reference
              laboratory for Switzerland shall be the Institut de Bactériologie Vétérinaire of the
              University of Bern.
     3.       The requirement concerning eggs held prior to consignment in the first indent of
              Article 7(1) of Directive 90/539/EEC shall apply mutatis mutandis to Switzerland.
     4.       For consignments of hatching eggs to the Community, the Swiss authorities
              undertake to comply with the rules on marking laid down in Commission Regulation
              (EEC) No 1868/77. The mark for Switzerland shall be "CH".
     5.       The holding requirement specified in Article 9(a) of Directive 90/539/EEC shall
              apply mutatis mutandis to Switzerland.
EN                                                  35                                                EN
 ---pagebreak---    6.  The holding requirement specified in Article 10(a) of Directive 90/539/EEC shall
       apply mutatis mutandis to Switzerland.
   7.  The requirement concerning eggs held prior to consignment in the first indent of
       Article 11(2) of Directive 90/539/EEC shall apply mutatis mutandis to Switzerland.
   8.  For the purposes of this Annex, Switzerland is recognised as meeting the
       requirements of Article 12(2) of Directive 90/539/EEC with regard to Newcastle
       disease and therefore shall have the status of not vaccinating against Newcastle
       disease. The Office Vétérinaire Fédéral shall immediately notify the Commission of
       any change in the conditions on which recognition of that status is based. The
       situation shall be considered within the Joint Veterinary Committee with a view to
       reviewing this paragraph.
   9.  The references to the name of the Member State in Article 15 shall apply mutatis
       mutandis to Switzerland.
   10. Poultry and hatching eggs traded between the Member States of the Community and
       Switzerland shall be accompanied by health certificates in accordance with the
       models set out in Annex IV to Directive 90/539/EEC.
   11. In the case of consignments from Switzerland to Finland or Sweden, the Swiss
       authorities undertake to supply the guarantees concerning salmonella required under
       Community legislation.
EN                                          36                                             EN
 ---pagebreak---                        V.      AQUACULTURE ANIMALS AND PRODUCTS
                                        A.     LEGISLATION
                      Community                                        Switzerland
   Council        Directive      91/67/EEC       of 1.        Ordonnance of 27 June 1995 on
   28 January 1991 concerning the animal health               epizootic diseases (OFE), as last
   conditions governing the placing on the market             amended      on     23    June   2004
   of aquaculture animals and products (OJ L 46,              (RS 916.401), and in particular
   19.2.1991, p. 1), as last amended by Council               Articles 275 to 290 (fish and crayfish
   Regulation (EC) No 806/2003 of 14 April 2003               diseases) and 297 (approval of
   adapting to Decision 1999/468/EC the                       establishments,        zones      and
   provisions relating to committees which assist             laboratories) thereof
   the Commission in the exercise of its
   implementing powers laid down in Council 2.                Ordonnance of 20 April 1988 on the
   instruments adopted in accordance with the                 import, transit and export of animals
   consultation procedure (OJ L 122, 16.5.2003,               and animal products (OITE), as last
   p. 1)                                                      amended      on     23    June   2004
                                                              (RS 916.443.11), and in particular
                                                              Article 64a (approval of export
                                                              establishments) thereof
             B.       SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
     1.       The information provided for in Article 4 of Directive 91/67/EEC shall be submitted
              to the Joint Veterinary Committee.
     2.       The Joint Veterinary Committee shall decide on any application of Articles 5, 6 and
              10 of Directive 91/67/EEC to Switzerland.
     3.       The Joint Veterinary Committee shall decide on any application of Articles 12 and
              13 of Directive 91/67/EEC to Switzerland.
     4.       For the purposes of Article 15 of Directive 91/67/EEC, the Swiss authorities
              undertake to implement sampling plans and diagnostic methods in accordance with
              Community legislation.
     5.       On-the-spot inspections shall be carried out under the responsibility of the Joint
              Veterinary Committee in accordance in particular with Article 17 of Directive
              91/67/EEC and Article 57 of the Law on epizootic diseases.
EN                                                 37                                                EN
 ---pagebreak---    6. (a) Where live fish, eggs or gametes from an approved zone are placed on the
          market, the movement document shall be as set out in Chapter 1 of Annex E to
          Directive 91/67/EEC.
      (b) Where live fish, eggs or gametes from an approved farm are placed on the
          market, the movement document shall be as set out in Chapter 2 of Annex E to
          Directive 91/67/EEC.
      (c) Where molluscs from an approved coastal zone are placed on the market, the
          movement document shall be as set out in Chapter 3 of Annex E to Directive
          91/67/EEC.
      (d) Where molluscs from an approved farm are placed on the market, the
          movement document shall be as set out in Chapter 4 of Annex E to Directive
          91/67/EEC.
      (e) Where farmed fish, molluscs or crustaceans, their eggs or gametes not
          belonging to species susceptible to IHN, VHS or bonamiosis or marteiliosis, as
          applicable, are placed on the market, the movement document shall be as set
          out in Annex I to Commission Decision 2003/390/EC.
      (f) Where live wild fish, molluscs or crustaceans, their eggs or gametes are placed
          on the market, the movement document shall be as set out in Annex I to
          Commission Decision 2003/390/EC.
EN                                       38                                               EN
 ---pagebreak---                                    VI.    BOVINE EMBRYOS
                                       A.    LEGISLATION
                    Community                                      Switzerland
   Council      Directive     89/556/EEC      of 1.        Ordonnance of 27 June 1995 on
   25 September 1989 on animal health                      epizootic diseases (OFE), as last
   conditions governing intra-Community trade              amended on 23 June 2004
   in and importation from third countries of              (RS 916.401), and in particular
   embryos of domestic animals of the bovine               Articles 56 to 58 (embryo transfer)
   species (OJ L 302, 19.10.1989 p. 1), as last            thereof
   amended by Council Regulation (EC)
   No 806/2003 of 14 April 2003 adapting to 2.             Ordonnance of 20 April 1988 on the
   Decision 1999/468/EC the provisions relating            import, transit and export of animals
   to committees which assist the Commission               and animal products (OITE), as last
   in the exercise of its implementing powers              amended on 23 June 2004
   laid down in Council instruments adopted in             (RS 916.443.11), and in particular
   accordance with the consultation procedure              Articles 64a and 76 (approval of
   (OJ L 122, 16.5.2003, p. 1)                             assembly agencies as export
                                                           enterprises) thereof
           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.       (a)   Bovine embryos traded between the Member States of the Community and
                  Switzerland shall be accompanied by health certificates in accordance with the
                  models set out in Annex C to Directive 89/556/EEC.
            (b)   No specific implementing rules relating to BSE may be required for bovine
                  embryos traded between the Member States of the Community and
                  Switzerland.
EN                                              39                                               EN
 ---pagebreak---                                         VII.    BOVINE SEMEN
                                         A.       LEGISLATION
                     Community                                       Switzerland
   Council Directive 88/407/EEC of 14 June 1988 1.          Ordonnance of 27 June 1995 on
   laying down the animal health requirements               epizootic diseases (OFE), as last
   applicable to intra-Community trade in and               amended       on    23   June     2004
   imports of deep-frozen semen of domestic                 (RS 916.401), and in particular
   animals of the bovine species (OJ L 194,                 Articles 51 to 55 (artificial
   22.7.1988 p. 10), as last amended by                     insemination) thereof
   Commission Decision 2004/101/EC of 6
   January 2004 amending Annex D to Council 2.              Ordonnance of 20 April 1988 on the
   Directive 88/407/EEC laying down the animal              import, transit and export of animals
   health requirements applicable to intra-                 and animal products (OITE), as last
   Community trade in and imports of semen of               amended       on    23   June     2004
   domestic animals of the porcine species                  (RS 916.443.11), and in particular
   (OJ L 30, 4.2.2004, p. 15)                               Articles 64a and 76 (approval of
                                                            insemination centres as export
                                                            enterprises) thereof
             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.      (a)   Bovine semen traded between the Member States of the Community and
                   Switzerland shall be accompanied by health certificates in accordance with the
                   models set out in Annex D to Directive 88/407/EEC.
             (b)   No specific implementing rules relating to BSE may be required for bovine
                   semen traded between the Member States of the Community and Switzerland.
EN                                                  40                                             EN
 ---pagebreak---                                     VIII.   PORCINE SEMEN
                                       A.     LEGISLATION
                     Community                                         Switzerland
   Council Directive 90/429/EEC of 26 June 1990 1.            Ordonnance of 27 June 1995 on
   laying down the animal health requirements                 epizootic diseases (OFE), as last
   applicable to intra-Community trade in and                 amended on 23 June 2004
   imports of semen of domestic animals of the                (RS 916.401), and in particular
   porcine species (OJ L 224, 18.8.1990 p. 62), as            Articles 51 to 55 (artificial
   last amended by Council Regulation (EC)                    insemination) thereof
   No 806/2003 of 14 April 2003 adapting to
   Decision 1999/468/EC the provisions relating 2.            Ordonnance of 20 April 1988 on the
   to committees which assist the Commission in               import, transit and export of animals
   the exercise of its implementing powers laid               and animal products (OITE), as last
   down in Council instruments adopted in                     amended on 23 June 2004
   accordance with the consultation procedure                 (RS 916.443.11), and in particular
   (OJ L 122, 16.5.2003, p. 1)                                Articles 64a and 76 (approval of
                                                              insemination centres as export
                                                              enterprises) thereof
           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 Community and Switzerland
            shall be accompanied by health certificates in accordance with the models set out in
            Annex D to Directive 90/429/EEC.
EN                                              41                                                  EN
 ---pagebreak---                                        IX.     OTHER SPECIES
                                          A.     LEGISLATION
                      Community                                           Switzerland
   Council Directive 92/65/EEC of 13 July 1992 1.               Ordonnance of 27 June 1995 on
   laying down animal health requirements                       epizootic diseases (OFE), as last
   governing trade in and imports into the                      amended       on    23    June     2004
   Community of animals, semen, ova and                         (RS 916.401), and in particular
   embryos not subject to animal health                         Articles 51 to 55 (artificial
   requirements laid down in specific Community                 insemination) and 56 to 58 (embryo
   rules referred to in Annex A (I) to Directive                transfer) thereof
   90/425/EEC (OJ L 268, 14.9.1992 p. 54), as
   last amended by Council Directive 2004/68/EC 2.              Ordonnance of 20 April 1988 on the
   of 26 April 2004 laying down animal health                   import, transit and export of animals
   rules for the importation into and transit                   and animal products (OITE), as last
   through the Community of certain live ungulate               amended       on    23    June     2004
   animals, amending Directives 90/426/EEC and                  (RS 916.443.11), and in particular
   92/65/EEC        and      repealing     Directive            Articles 25 to 30 (import of dogs, cats
   72/462/EEC (OJ L 139, 30.4.2004, p. 320)                     and other animals), 64 (conditions of
                                                                export), 64a and 76 (approval of
                                                                insemination centres and assembly
                                                                agencies as export enterprises) thereof
             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 inclusive, and in semen, ova and embryos not subject to points VI to
              VIII inclusive.
     2.       The Community and Switzerland undertake not to ban or restrict trade in the live
              animals, semen, ova and embryos as referred to in 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 other than as referred to in points I, II and III traded between the Member
              States of the Community 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.
EN                                                  42                                                  EN
 ---pagebreak---    4.  Lagomorphs traded between the Member States of the Community 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 Community 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
             Community other than the United Kingdom, Ireland, Malta and Sweden shall
             be subject to the requirements of Article 10(2) of Directive 92/65/EEC.
       (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 arrangements shall be those provided for in 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), as last amended by Commission Decision 2004/557/EC of
             2 July 2004 (OJ L 249, 23.7.2004, p. 18). The passport to be used is that
             provided for by Commission Decision 2003/803/EC (OJ L 312, 27.11.2003,
             p. 1).
   7.  Semen, ova and embryos of the ovine or caprine species traded between the Member
       States of the Community and Switzerland shall be accompanied by health certificates
       as provided for by Decision 95/388/EC.
   8.  Semen of the equine species traded between the Member States of the Community
       and Switzerland shall be accompanied by health certificates as provided for by
       Decision 95/307/EC.
   9.  Ova and embryos of the equine species traded between the Member States of the
       Community and Switzerland shall be accompanied by health certificates as provided
       for by Decision 95/294/EC.
   10. Ova and embryos of the porcine species traded between the Member States of the
       Community and Switzerland shall be accompanied by health certificates as provided
       for by Decision 95/483/EC.
EN                                           43                                              EN
 ---pagebreak---    11. 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.
   12. For trade between the Community and Switzerland in live animals as referred to in 1,
       the certificates provided for in Parts 2 and 3 of Annex E to Directive 92/65/EEC shall
       apply mutatis mutandis.
   13. Animals as referred to in Article 2(b) of Directive 92/65/EEC which have gone
       through quarantine in an approved centre and are traded between the Community and
       Switzerland shall be accompanied by health certificates in accordance with the
       models provided for by Directive 92/65/EEC.
EN                                            44                                              EN
 ---pagebreak---                                            Appendix 3
      IMPORTS OF LIVE ANIMALS AND CERTAIN ANIMAL PRODUCTS FROM
                                    THIRD COUNTRIES
                  I.     EUROPEAN COMMUNITY - LEGISLATION
   A.    Bovine, porcine, ovine and caprine animals
         Council Directive 72/462/EEC of 12 December 1972 on health and veterinary
         inspection problems upon importation of bovine animals, swine and fresh meat or
         meat products from third countries (OJ L 302, 31.12.1972, p. 28), as last amended by
         Council Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 320).
   B.    Equidae
         Council Directive 90/426/EEC of 26 June 1990 on animal health conditions
         governing the movement and import from third countries of equidae (OJ L 224,
         18.8.1990 p. 42), as last amended by Council Directive 2004/68/EC (OJ L 139,
         30.4.2004, p. 320).
   C.    Poultry and hatching eggs
         Council Directive 90/539/EEC of 15 October 1990 on animal health conditions
         governing intra-Community trade in, and imports from third countries of, poultry and
         hatching eggs (OJ L 303, 31.10.1990, p. 6), as last amended by the Act concerning
         the conditions of accession of the Czech Republic, the Republic of Estonia, the
         Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic
         of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia
         and the Slovak Republic and the adjustments to the Treaties on which the European
         Union is founded (OJ L 236, 23.9.2003, p. 381).
   D.    Aquaculture animals
         Council Directive 91/67/EEC of 28 January 1991 concerning the animal health
         conditions governing the placing on the market of aquaculture animals and products
         (OJ L 46, 19.2.1991, p. 1), as last amended by Council Regulation (EC) No 806/2003
         (OJ L 122, 16.5.2003, p. 1).
   E.    Molluscs
         Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for
         the production and the placing on the market of live bivalve molluscs (OJ L 268,
         24.9.1991, p. 1), as last amended by Council Regulation (EC) No 806/2003
         (OJ L 122, 16.5.2003, p. 1).
EN                                             45                                             EN
 ---pagebreak---    F.       Bovine embryos
            Council Directive 89/556/EEC of 25 September 1989 on animal health conditions
            governing intra-Community trade in and importation from third countries of embryos
            of domestic animals of the bovine species (OJ L 302, 19.10.1989, p. 1), as last
            amended by Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).
   G.       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 porcine species (OJ L 194, 22.7.1988, p. 10), as last
            amended by Commission Decision 2004/101/EC of 6 January 2004 (OJ L 13,
            4.2.2004, p. 15).
   H.       Porcine semen
            Council Directive 90/429/EEC of 26 June 1990 laying down the animal health
            requirements applicable to intra-Community trade in and imports of semen of
            domestic animals of the porcine species (OJ L 224, 18.8.1990, p. 62), as last
            amended by Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).
   I.       Other live animals
            Council Directive 92/65/EEC of 13 July 1992 laying down animal health
            requirements governing trade in and imports into the Community of animals, semen,
            ova and embryos not subject to animal health requirements laid down in specific
            Community rules referred to in Annex A(I) to Directive 90/425/EEC (OJ L 268,
            14.9.1992 p. 54), as last amended by Council Directive 2004/68/EC (OJ L 139,
            30.4.2004, p. 320).
                            II.   SWITZERLAND - LEGISLATION
   Ordonnance of 20 April 1988 on the import, transit and export of animals and animal products
   (OITE), as last amended on 23 June 2004 (RS 916.443.11).
   For the purposes of this Annex, for Switzerland, the Zurich Zoo is accepted as an approved
   centre in accordance with Annex C to Directive 92/65/EEC.
EN                                              46                                              EN
 ---pagebreak---                                 III.   IMPLEMENTING RULES
   As a general rule, the Office Vétérinaire Fédéral shall apply the same rules as those covered
   by point I of this Appendix. However, the Office Vétérinaire Fédéral may adopt more
   restrictive measures and require additional guarantees. In that case, without prejudice to its
   right to implement those measures immediately, consultations shall be held within the Joint
   Veterinary Committee to find appropriate solutions. Where the Office Vétérinaire Fédéral
   wishes to implement less restrictive measures, it shall inform the competent Commission
   departments in advance. In such cases, consultations shall be held within the Joint Veterinary
   Committee to find suitable solutions. Pending such solutions, the Swiss authorities shall
   refrain from implementing the planned measures.
EN                                              47                                                EN
 ---pagebreak---                                           Appendix 4
     ZOOTECHNICAL PROVISIONS, INCLUDING THOSE GOVERNING IMPORTS
                                FROM THIRD COUNTRIES
                   I.     EUROPEAN COMMUNITY - LEGISLATION
   A.    Bovine animals
         Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the
         bovine species (OJ L 206, 12.8.1977, p. 8), as last amended by Council Regulation
         (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
   B.    Porcine animals
         Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards
         applicable to breeding animals of the porcine species (OJ L 382, 31.12.1988, p. 36),
         as last amended by Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003,
         p. 1).
   C.    Ovine and caprine animals
         Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep
         and goats (OJ L 153, 6.6.1989, p. 30).
   D.    Equidae
         (a)    Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and
                genealogical conditions governing intra-Community trade in equidae
                (OJ L 224, 18.8.1990, p. 55).
         (b)    Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended
                for competitions and laying down the conditions for participation therein
                (OJ L 224, 18.8.1990, p. 60).
   E.    Pure-bred animals
         Council Directive 91/174/EEC of 25 March 1991 laying down zootechnical and
         pedigree requirements for the marketing of pure-bred animals and amending
         Directives 77/504/EEC and 90/425/EEC (OJ L 85, 5.4.1991, p. 37).
   F.    Imports from third countries
         Council Directive 94/28/EC of 23 June 1994 laying down the principles relating to
         the zootechnical and genealogical conditions applicable to imports from third
         countries of animals, their semen, ova and embryos, and amending Directive
         77/504/EEC on pure-bred breeding animals of the bovine species (OJ L 178,
         12.7.1994, p. 66).
EN                                            48                                              EN
 ---pagebreak---                            II.      SWITZERLAND - LEGISLATION
   Ordonnance of 7 December 1998 on livestock farming, as last amended on
   26 November 2003 (RS 916.310)
                                III.    IMPLEMENTING RULES
   Without prejudice to the provisions on zootechnical checks in Appendices 5 and 6, the Swiss
   authorities undertake to ensure that Switzerland applies to its imports the same provisions as
   those in Council Directive 94/28/EC.
   Where difficulties arise in trade, the matter shall be referred to the Joint Veterinary
   Committee at the request of either Party.
EN                                               49                                               EN
 ---pagebreak---                                               Appendix 5
                                       CHECKS AND FEES
                                             CHAPTER 1
                    Trade between the European Community and Switzerland
   I.       TRACES system
                                       A.      LEGISLATION
               European Community                                      Switzerland
   Commission Decision 2004/292/EC of                 Ordonnance of 27 June 1995 on epizootic
   30 March 2004 on the introduction of the           diseases (OFE), as last amended on
   Traces system and amending Decision                13 June 2004 (RS 916.401)
   92/486/EEC (OJ L 94, 31.3.2004, p. 63).
            B.      SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
   The Commission, in cooperation with the Office Vétérinaire Fédéral, shall integrate
   Switzerland into the TRACES computerised system provided for by Commission Decision
   2004/292/EC.
   For trade in live animals and their semen, ova and embryos between the European
   Community and Switzerland, the health certificates shall be those provided for in this Annex
   and available in the TRACES system, in accordance with Commission Regulation (EC)
   No 599/2004 of 30 March 2004 concerning the adoption of a harmonised model certificate
   and inspection report linked to intra-Community trade in animals and products of animal
   origin (OJ L 94, 31.3.2004, p. 44).
   If necessary, transitional measures shall be laid down in the Joint Veterinary Committee.
EN                                                 50                                           EN
 ---pagebreak---    II.  Rules for equidae
        Checks relating to trade between the European Community and Switzerland shall be
        carried out in accordance with Council Directive 90/425/EEC of 26 June 1990
        concerning veterinary and zootechnical checks applicable in intra-Community trade
        in certain live animals and products with a view to the completion of the internal
        market (OJ L 224, 18.8.1990, p. 29), as last amended by Directive 2002/33/EC of the
        European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).
        The Joint Veterinary Committee shall be responsible for implementing Articles 9
        and 22.
   III. Rules for animals sent for grazing in border areas
   1.   Definitions:
        –     Grazing: dispatching animals to a Member State or to Switzerland with a view
              to grazing in a 10 km strip on either side of the border. In special, duly
              substantiated conditions, a wider strip on either side of the border between
              Switzerland and the Community may be authorised by the competent
              authorities concerned.
        –     Daily grazing: grazing where the animals are returned to their holding of origin
              in a Member State or in Switzerland at the end of each day.
   2.   In the event of grazing between the Member States and Switzerland, Commission
        Decision 2001/672/EC of 20 August 2001 laying down special rules applicable to
        movements of bovine animals when put out to summer grazing in mountain areas
        (OJ L 235, 4.9.2001, p. 23), as last amended by Decision 2004/318/EC (OJ L 102,
        7.4.2004, p. 71) shall apply mutatis mutandis.
        However, for the purposes of this Annex, the following adjustments shall apply to
        Article 1 of Decision 2001/672/EC:
        –     the reference period 1 May to 15 October shall be replaced by "the calendar
              year";
        –     for Switzerland, the parties referred to in Article 1 of Decision 2001/672/EC
              and referred to in the corresponding Annex shall be:
              SWITERLAND
              CANTON OF ZÜRICH
              CANTON OF BERN/BERNE
              CANTON OF LUZERN
              CANTON OF URI
              CANTON OF SCHWYZ
              CANTON OF OBWALDEN
EN                                            51                                               EN
 ---pagebreak---             CANTON OF NIDWALDEN
            CANTON OF GLARIS
            CANTON OF ZUG
            CANTON OF FRIBOURG
            CANTON OF SOLOTHURN
            CANTON OF BASEL STADT
            CANTON OF BASEL LAND
            CANTON OF SCHAFFHAUSEN
            CANTON OF APPENZELL AUSSERRHODEN
            CANTON OF APPENZELL INNERRHODEN
            CANTON OF SANKT GALLEN
            CANTON OF GRAUBÜNDEN
            CANTON OF AARGAU
            CANTON OF THURGAU
            CANTON OF TICINO
            CANTON OF VAUD
            CANTON OF VALAIS/WALLIS
            CANTON OF NEUCHÂTEL
            CANTON OF GENEVA
            CANTON OF JURA
      Pursuant to the Ordonnance on epizootic diseases (OFE) of 27 June 1995, as last
      amended on 23.6.2004 (RS 916.401), and in particular Article 7 thereof (registration)
      and the Ordonnance of 18 August 1999 on the data base on animal movements, as
      last amended on 20 November 2002 (RS 916.404), and in particular Article 2 thereof
      (content of the data base), Switzerland is to allocate to each pasturage a specific
      registration code which must be registered in the national database on bovine
      animals.
   3. In the case of grazing between the Member States and Switzerland, the official
      veterinarian of the country of dispatch shall:
      (a)   on the date of issue of the certificate and no later than 24 hours before the
            planned date of arrival of the animals, by means of the computerised system
            linking veterinary authorities provided for in Article 20 of Directive
            90/425/EEC, inform the competent authority of the place of destination (local
            veterinary unit) to which the animals have been dispatched;
      (b)   examine the animals within 48 hours prior to their departure for the grazing
            ground; the animals must be duly identified;
      (c)   issue a certificate in accordance with the model in 11 below.
   4. The official veterinarian of the country of destination shall inspect the animals upon
      arrival in the country of destination to ensure that they comply with the standards
      laid down in this Annex.
EN                                          52                                               EN
 ---pagebreak---    5. Throughout the duration of the grazing period, the animals shall remain under
      customs control.
   6. The holder of the animals must:
      (a)   accept, in a written statement, to comply with all measures taken pursuant to
            this Annex and any other measures introduced at local level, in the same way
            as any holder originating in a Member State or Switzerland;
      (b)   to pay the costs of the checks required pursuant to this Annex;
      (c)   to cooperate fully with arrangements for customs or veterinary checks required
            by the authorities of the country of dispatch or of destination.
   7. When the animals return at the end of the season or before, the official veterinarian
      of the country where the grazing ground is located shall:
      (a)   on the date of issue of the certificate and no later than 24 hours before the
            planned date of arrival of the animals, by means of the computerised system
            linking veterinary authorities provided for in Article 20 of Directive
            90/425/EEC, inform the competent authority of the place of destination (local
            veterinary unit) to which the animals have been dispatched;
      (b)   examine the animals within 48 hours prior to their departure for the grazing
            ground; the animals must be duly identified;
      (c)   issue a certificate in accordance with the model in 11 below.
   8. In the event of outbreaks of disease, the competent veterinary authorities shall take
      appropriate measures by mutual agreement.
      Those authorities shall consider how to cover any costs involved. If necessary the
      matter shall be referred to the Joint Veterinary Committee.
   9. As an exception to the rules on grazing in 1 to 8 above, in the case of daily grazing
      between the Member States and Switzerland:
      (a)   the animals shall not enter into contact with animals from another holding;
      (b)   the holders of such animals shall undertake to inform the competent veterinary
            authority of any contact between their animals and animals from another
            holding;
      (c)   the health certificate set out in 11 below shall be presented to the competent
            veterinary authorities every calendar year when the animals first enter a
            Member State or Switzerland. The health certificate must be presented to the
            competent veterinary authorities at the request of the latter;
EN                                           53                                             EN
 ---pagebreak---        (d)   points 2 and 3 above shall apply only to the first time in each calendar year that
             the animals are dispatched to a Member State or to Switzerland;
       (e)   point 7 shall not apply;
       (f)   the holders of animals shall undertake to inform the competent veterinary
             authority of the end of the grazing period.
   10. As an exception to the rules on fees provided for in point VI(D) of Chapter 3 of
       Appendix 5, in the case of daily grazing between the Member States and
       Switzerland, the fees provided for shall be paid only once per calendar year.
   11. Model health certificate for bovine animals sent for grazing or daily grazing in
       border areas and for bovine animals returning from border grazing (at or before the
       end of the normal grazing period):
EN                                           54                                                 EN
 ---pagebreak---     EUROPEAN COMMUNITY                                                                                                                                                                                                             Intra trade certificate
                                                I.1. Consignor                                                                                                  I.2. Certificate reference number                         I.2.a.Local reference number:
                                                   Name
                                                                                                                                                                I.3. Central Competent Authority
    Part I : Details of consignment presented
                                                   Address
                                                   Postal code                                                                                                  I.4. Local Competent Authority
                                                I.5. Consignee                                                                                                  I.6. No.(s) of related original certificates                   No.(s) of accompanying documents
                                                   Name
                                                   Address
                                                   Postal code                                                                                                  I.7. Dealer
                                                                                                                                                                   Name                                                Approval number
                                                I.8.Country of origin                       ISO code I.9. Region of origin                         Code         I.10. Country of destination                    ISO code I.11. Region of destination                 Code
                                                I.12. Place of origin/Place of harvest                                                                          I.13. Place of destination
                                                                  Holding                   Assembly centre                            Dealer's premise                       Holding                          Assembly centre                            Dealer's premise
                                                          Approved body                         Semen centre             Approved aquaculture holding                          Approved body                      Semen centre            Approved aquaculture holding
                                                             Embryo team                        Establishment                                      Other                         Embryo team                      Establishment                                     Other
                                                   Name                                                         Approval number                                    Name                                                           Approval number
                                                   Address                                                                                                         Address
                                                   Postal code                                                                                                     Postal code
                                                I.14. Place of loading                                                                                          I.15. Date and time of departure
                                                      Postal code
                                                I.16. Means of transport                                                                                        I.17. Transporter
                                                          Aeroplane                                   Ship                         Railway wagon                   Name                                                           Approval number
                                                                     Road vehicle                                         Other                                    Address
                                                Identification:
                                                                                                                                                                   Postal code                                                    Member state
                                                I.18. Animal species/Product                                                                                                                 I.19. Commodity code (CN code)
                                                                                                                                                                                                                       I.20. Number/Quantity
                                                I.21 Temperature of products                                                                                                                                           I.22. Number of packages
                                                                             Ambient                                                   Chilled                                                   Frozen
                                                I.23. Identification of container/Seal number                                                                                                                          I.24.Type of packaging
                                                I.25. Animals certified as/products certified for:
                                                                          Breeding                                    Fattening                                     Slaughter                                  Transhumance                            Approved body
                                                          Artificial reproduction                            Registered equidae                              Game restocking                                            Pets
                                                           Human consumption                                 Animal feedingstuff                           Pharmaceutical use                                  Technical use                                     Other
                                                I.26. Transit through 3rd country                                                                               I.27. Transit through Member states
                                                             3rd country                                                   ISO code                                              Member state                                        ISO code
                                                             Exit point                                                    Code                                                  Member state                                        ISO code
                                                             Entry point                                                   BIP unit no.:                                         Member state                                        ISO code
                                                I.28. Export                                                                                                    I.29. Estimated journey time
                                                             3rd country                                                   ISO code
                                                             Exit point                                                    Code
                                                I.30. Route plan
                                                    Yes                                                          No
                                                I.31. Identification of the animals
N                                                                                                                                     55                                                                                                            EN
 ---pagebreak---               EUROPEAN COMMUNITY                                                   Intra-Community Certificate
                              II.           Health information (1); (2)                                            II.a. Reference number of certificate     II.b. Local reference number
                                  A.*       Health certificate for bovine animals sent for grazing (3) or daily grazing (3)(4) in border areas
                                            I, the undersigned official veterinarian, certify that:
                                            each animal in the consignment described below
     Part II: Certification
                                  A.1.      comes from a holding of origin and an area which, in accordance with Community or national legislation, are not subject to any
                                            prohibition or restriction in connection with animal diseases affecting the bovine species;
                                  A.2.      comes from a herd of origin situated in a Member State or part of its territory,
                                              (a)       with a surveillance network approved by Commission Decision.../../EC, and for Switzerland by the Agreement of 21 June 1999
                                                        between the European Community and Switzerland (point I of Appendix 2 to Annex 11),
                                              (b)       which is officially recognised as free of leucosis, tuberculosis and brucellosis.
                                  A.3.      is an animal for breeding(3) or production(1) that:
                                              (a)       has, according to the available information, remained on the holding of origin for the last 30 days, or since birth if less than 30
                                                        days old, and that no animals imported from a third country have entered the holding during that period, unless kept
                                                        completely isolated from the other animals on the holding;
                                              (b)       has not been in contact during the past 30 days with animals from herds not meeting the conditions set out in point 2.
                                            and that:
                                  A.4.      the animals described above were inspected on ……….. (date) during the 48 hours prior to planned departure and showed no clinical
                                            signs of infectious or contagious disease;
                                  A.5.      the holding of origin and, where applicable, the approved assembly centre, and the zone in which they are situated are not subject to any
                                            prohibition or restriction in connection with animal diseases affecting the bovine species in accordance with Community or national
                                            legislation;
                                  A.6.      all the applicable provisions of Council Directive 64/432/EEC have been complied with;
                                  A.7.      the animals comply with the additional guarantees regarding IBR/IPV in accordance with Commission Decision 2004/558/EC, which
                                            applies mutatis mutandis in accordance with the Agreement of 21 June 1999 between the European Community and Switzerland;
                                  A.8.      at the time of inspection the above animals were fit to be transported on the intended journey in accordance with the provisions of
                                            Directive 91/628/EEC(5).
                                  A.9.      Date of arrival at the pasture ground(6) ...............
                                  A.10.     Planned date of departure from pasture ground:
                                  B.*       Health certificate for bovine animals returning from grazing in border areas (at or before the end of the normal grazing period)
                                            I, the undersigned official veterinarian, certify that:
                                  B.1.      the animals described above (list of animals returning early (3) or list of animals on the associated original certificate (3), (7), (8) were
                                            inspected on .................. (date of loading or 48 hours before departure) and showed no clinical signs of infectious or contagious disease;
                                  B.2.      the area in which the animals have been grazing is not subject to any prohibition or restriction in connection with animal diseases
                                            affecting the bovine species in accordance with Community or national legislation and, in particular, no cases of tuberculosis,
                                            brucellosis or leucosis have been found during the grazing period.
                              *      Part A to be filled in on dispatch to grazing or daily grazing in a border area, Part B to be filled in for return from grazing in a border
                                     area.
                              (1) The information which must appear on this certificate must be entered in the computerised system linking veterinary authorities provided for in
                                  Article 20 of Directive 90/425/EEC on the date of issue of the certificate and no later than 24 hours before the planned date of arrival of the
                                  animals.
                              (2) This certificate shall be valid for ten days from the date of the health inspection carried out in Switzerland or in the Member State of origin. In
                                  the case of daily grazing, this certificate shall be valid for the entire grazing period.
                              (3) Delete as appropriate.
                              (4) In the case of daily grazing, this certificate shall be valid for the entire grazing period.
                              (5) This statement does not exempt transporters from their obligations in accordance with Community provisions in force in particular regarding the
                                  fitness of animals to be transported.
                              (6) The registration code of the pasture ground is shown in part I.13 (Approval number) of this certificate.
EN                                                                                                56                                                                          EN
 ---pagebreak---    (7) If animals are returned to their holding of origin during the grazing period for health reasons, accompanied by a health certificate, the animals
        concerned must be deleted from the initial list, which must be validated by the official veterinarian.
   (8) The number of the health certificate used to move the animals to the grazing area is given in part I.6 of this certificate.
   Official veterinarian or inspector
          Name (in capital letters)                                                             Qualification and title:           Local Veterinary Unit
   (LVU):                                                                                       LVU No: Date :        Signature:
          Official stamp
EN                                                              57                                                                           EN
 ---pagebreak---     EUROPEAN COMMUNITY                                                                                                                                                                                Intra trade certificate
                        III.1. Date of the inspection                                                                                  III.2. Certificate Reference Number:
                        III.3. Documentary Check:                                No                             Yes                    III.4. Identity Check:                             No                               Yes
                           EU Standard                                        Satisfactory                      Not satisfactory
                           Additional guarantees                              Satisfactory                      Not satisfactory          Satisfactory                                         Not satisfactory
                           National requirements                              Satisfactory                      Not satisfactory
                        III.5. Physical Check:          No                                        Total animals checked                III.6. Laboratory Tests:                  No                                               Yes
    Part III: Control
                           Satisfactory                                           Not satisfactory                                        Date:
                                                                                                                                       Tested for:
                        III.7. Welfare check                                     No                                Yes                                                    Random                                           Suspicion
                                                                                                                                          Results:                   Satisfactory                                    Not satisfactory
                           Satisfactory                                           Not satisfactory
                        III.8.Infringement of welfare regulation:                                                                      III.9. Infringement of health legislation
                                                                                                                                          III.9.1. Absence/Invalid certificate
                                                             III.8.1.Transporter authorisation invalid                                    III.9.2. Mis-match with documents
                                                  III.8.2.Non-compliance of the means of transport                                        III.9.3. Non authorised country
                                                                    III.8.3.Stocking density exceeded            Average space            III.9.4. Non approved region/ zone
                                                                        III.8.4.Travel times exceeded                                     III.9.5. Prohibited species
                                                             III.8.5.Watering and feeding not fulfilled                                   III.9.6. Absence of additional guarantee
                                                    III.8.6.Mishandling or negligence to the animals                                      III.9.7. Non approved holding
                                                                                         III.8.7.Other                                    III.9.8. Diseased or suspect animals
                        III.10. Impact of the transport on animals                                                                        III.9.9. Unsatisfactory tests
                                                                                                                                          III.9.10. Absence or non legal identification
                                                                Number of dead animals:                        Estimation                 III.9.11.National requirements not fulfilled
                                                               Number of unfit animals :                       Estimation                 III.9.12. Address of destination invalid
                                                                                               Number of birth or abortion                III.9.13. Other
                        III.11. Corrective action                                                                                      III.12. Follow-up of quarantine
                           III.11.1. Delayed departure
                           III.11.2. Transfer procedure
                           III.11.3. Quarantine                                                                                           III.12.1.Humanely killing/Euthanasia
                           III.11.4. Humane killing/Euthanasia                                                                            III.12.2.Release
                           III.11.5. Destruction of carcasses/products
                           III.II.6. Return of consignment
                           III.11.7. Treatment of products
                           III.11.8.7. Use of products for other purpose
                                                  Identification:
                        III.13. Place of inspection
                                                  Establishment                                                              Holding                                                                          Assembly centre
                                               Dealer's premise                                                    Approved body                                                                                  Semen centre
                                                             Port                                                            Airport                                                                                 Exit point
                                                        Enroute                                                                Other
                        III.14. Official veterinarian or official inspector
                                 Local Veterinary Unit                                                                                    N° of the related LVU
                                 Name (in Capital):
                                 Qualification and title
                                 Date:                                                                                                    Signature:
N                                                                                                              58                                                                                                      EN
 ---pagebreak---    "
   IV. Specific rules
       A.   Where animals for slaughter are bound for the slaughterhouse in Basle,
            documentary checks only shall be carried out at one of the points of entry into
            Swiss territory. This rule shall apply only to animals originating in the French
            department of Haut Rhin or the German Landkreise Lörrach, Waldshut,
            Breisgau-Hochschwarzwald and the town of Freiburg im Breisgau. This
            provision may be extended to other slaughterhouses along the border between
            the Community and Switzerland.
       B.   Where animals are bound for the customs enclave of Livigno, documentary
            checks only shall be carried out at Ponte Gallo. This rule shall apply only to
            animals originating in the canton of Graubünden. This provision may be
            extended to other areas under customs control along the border between the
            Community and Switzerland.
       C.   Where animals are bound for the canton of Graubünden, documentary checks
            only shall be carried out at La Drossa. This rule shall apply only to animals
            originating in the customs enclave of Livigno. This provision may be extended
            to other areas along the border between the Community and Switzerland.
       D.   Where live animals are loaded directly or indirectly onto a train at a point in
            the territory of the Community for unloading at another point in the territory of
            the Community after transit through Swiss territory, the only requirement shall
            be to inform the Swiss veterinary authorities beforehand. This rule shall apply
            only to trains the composition of which does not change in the course of
            transport.
   V.  Rules for animals crossing through Community or Swiss territory
       A.   Where live animals originating in the Community are to cross through Swiss
            territory, the Swiss authorities shall carry out documentary checks only. In
            suspicious cases, they may carry out any other inspections required.
       B.   Where live animals originating in Switzerland are to cross through Community
            territory, the Community authorities shall carry out documentary checks only.
            In suspicious cases, they may carry out any other inspections required. The
            Swiss authorities guarantee that the animals will be accompanied by a
            certificate of non-refusal issued by the authorities of the third country of first
            destination.
EN                                          59                                                 EN
 ---pagebreak---    VI.  General rules
        These provisions shall apply to cases not covered by points II to IV.
        A.   For live animals originating in the Community or Switzerland and intended for
             import, the following checks shall be carried out:
             –      documentary checks.
        B.   For live animals from countries other than those covered by this Annex which
             have been checked as provided for in Directive 91/496/EEC, as last amended
             by the Act concerning the conditions of accession of the Czech Republic, the
             Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the
             Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the
             Republic of Poland, the Republic of Slovenia and the Slovak Republic and the
             adjustments to the Treaties on which the European Union is founded
             (OJ L 236, 23.9.2003, p. 381), the following checks shall be carried out:
             –      documentary checks.
   VII. Points of entry - trade between the European Community and Switzerland
        A.   For the Community:
              Germany:
              –        Konstanz Strasse                         road
              –        Weil am Rhein/Mannheim                   rail, road
              France:
              –        Saint Julien/Bardonnex                   road
              –        Ferney-Voltaire/Geneva                   air
              –        Saint-Louis/Basle                        road/air
              Italy:
              –        Campocologno                             rail
              –        Chiasso                                  rail, road
              –        Grand San Bernardo-Pollein               road
EN                                           60                                            EN
 ---pagebreak---        Austria:
       –        Feldkirch-Tisis road
       –        Höchst          road
       –        Feldkirch-Buchs rail
   B. For Switzerland:
       –        Germany:             Thayngen        road
                                     Kreuzlingen     road
                                     Basle           road/rail/air,
       –        France:              Bardonnex       road
                                     Basle           road/air
                                     Geneva          air
       –        Italy:               Campocologno    rail
                                     Chiasso         road/rail
                                     Martigny        road
       –        Austria:             Schaanwald      road
                                     St. Margrethen  road
                                     Feldkirch-Buchs rail
EN                                61                                EN
 ---pagebreak---                                         CHAPTER 2
                               Imports from third countries
   I.  Legislation
       Checks on imports from third countries shall be carried out in accordance with
       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, 24.4.1991, p. 56), as last amended by the Act concerning the conditions
       of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus,
       the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the
       Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
       Republic and the adjustments to the Treaties on which the European Union is
       founded (OJ L 236, 23.9.2003, p. 381).
   II. Implementing rules and procedures
       A.    For the purposes of Article 6 of Directive 91/496/EEC, the border inspection
             posts shall be: Basle-Mulhouse airport, Ferney-Voltaire/Geneva airport and
             Zürich airport. The Joint Veterinary Committee shall be responsible for
             subsequent amendments.
       B.    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.
                                        CHAPTER 3
                                     Special provisions
   –   For France, the cases of Ferney-Voltaire/Geneva airport and St. Louis/Basle airport
       shall be the subject of consultations within the Joint Veterinary Committee.
   –   For Switzerland, the cases of Geneva-Cointrin airport and Basle-Mulhouse airport
       shall be the subject of consultations within the Joint Veterinary Committee.
EN                                           62                                                 EN
 ---pagebreak---                                 I.     MUTUAL ASSISTANCE
                                      A.     LEGISLATION
               European Community                                   Switzerland
   Council      Directive    89/608/EEC       of  Law on epizootic diseases (LFE) of
   21 November 1989 on mutual assistance          1 July 1966, as last amended on 20 June 2003
   between the administrative authorities of the  (RS 916.40), and in particular Article 57
   Member States and cooperation between the      thereof
   latter and the Commission to ensure the
   correct application of legislation on
   veterinary    and     zootechnical    matters
   (OJ L 351, 2.12.1989, p. 34)
           B.      SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
   The Joint Veterinary Committee shall be responsible for the application of Articles 10, 11 and
   16 of Directive 89/608/EEC.
EN                                              63                                                EN
 ---pagebreak---                        II.     IDENTIFICATION OF ANIMALS
                                   A.      LEGISLATION
          European Community                                  Switzerland
   1. Council Directive 92/102/EEC of 1.             Ordonnance of 27 June 1995 on
      27 November         1992      on      the      epizootic diseases (OFE), as last
      identification and registration of             amended on 23 June 2004
      animals (OJ L 355, 5.12.1992, p. 32),          (RS 916.401), and in particular
      as amended by Council Regulation               Articles 7 to 22 (registration and
      (EC) No 21/2004 of 17 December                 identification) thereof
      2003 establishing a system for the
      identification and registration of ovine
      and caprine animals and amending
      Regulation (EC) No 1782/2003 and
      Directives        92/102/EEC         and
      64/432/EEC (OJ L 5, 9.1.2004, p. 8)
   2. Regulation (EC) No 1760/2000 of the 2.         Ordonnance of 18 August 1999 on
      European Parliament and of the                 the data base for animal movements,
      Council of 17 July 2000 establishing a         as       last       amended     on
      system for the identification and              20 November 2002 (RS 916.404)
      registration of bovine animals and
      regarding the labelling of beef and
      beef products and repealing Council
      Regulation      (EC)      No     820/97
      (OJ L 204, 11.8.2000, p. 1), as last
      amended by the Act concerning the
      conditions of accession of the Czech
      Republic, the Republic of Estonia, the
      Republic of Cyprus, the Republic of
      Latvia, the Republic of Lithuania, the
      Republic of Hungary, the Republic of
      Malta, the Republic of Poland, the
      Republic of Slovenia and the Slovak
      Republic and the adjustments to the
      Treaties on which the European Union
      is founded, Annex II: List referred to
      in Article 20 of the Act of Accession –
      6. Agriculture – B. Veterinary and
      plant health legislation – I. Veterinary
      legislation (OJ L 236, 23.9.2003,
      p. 381)
EN                                             64                                        EN
 ---pagebreak---       B.      SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
   1. The Joint Veterinary Committee shall be responsible for the application of
      Article 3(2), the fifth subparagraph of Article 4(1)(a) and Article 4(2) of Directive
      92/102/EEC.
   2. For movements of swine and ovine and caprine animals within Switzerland, the date
      to be taken into account for the purposes of Article 5(3) shall be 1 July 1999.
   3. In the context of Article 10 of Directive 92/102/EEC, the Joint Veterinary Committee
      shall be responsible for coordination where any electronic identification systems are
      set up.
EN                                           65                                             EN
 ---pagebreak---                               III.    ANIMAL WELFARE
                                   A.   LEGISLATION
               Community                                  Switzerland
   1. Council Directive 91/628/EEC of 1.          Ordonnance of 27 May 1981 on
      19 November 1991 on the protection          animal welfare, as last amended on
      of animals during transport and             27 June 2001 (RS 455.1)
      amending Directives 90/425/EEC
      and 91/496/EEC (OJ L 340,
      11.12.1991, p. 17), as last amended
      by Council Regulation (EC)
      No 806/2003 of 14 April 2003
      adapting to Decision 1999/468/EC
      the provisions relating to committees
      which assist the Commission in the
      exercise of its implementing powers
      laid down in Council instruments
      adopted in accordance with the
      consultation procedure (qualified
      majority) (OJ L 122, 16.5.2003, p. 1)
   2. Council        Regulation        (EC) 2.    Ordonnance of 20 April 1988 on the
      No 1255/97 of 25 June 1997                  import, transit and export of animals
      concerning Community criteria for           and animal products (OITE), as last
      staging points and amending the             amended      on    23   June     2004
      route plan referred to in the Annex         (RS 916.443.11)
      to Directive 91/628/EEC (OJ L 174,
      2.7.1997, p. 1), as last amended by
      Council        Regulation        (EC)
      No 1040/2003 of 11 June 2003
      amending         Regulation      (EC)
      No 1255/97 as regards the use of
      staging points (OJ L 151, 19.6.2003,
      p. 21)
      B.     SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION
   1. The Swiss authorities undertake to comply with the requirements laid down in
      Directive 91/628/EEC for trade between Switzerland and the European Community
      and for imports from third countries.
EN                                          66                                          EN
 ---pagebreak---    2. The information provided for in the fourth paragraph of Article 8 of Directive
      91/628/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 10 of Directive
      91/628/EEC and Article 65 of the Ordonnance of 20 April 1988 on the import, transit
      and export of animals and animal products (OITE), as last amended on 23 June 2004
      (RS 916.443.11).
   4. The information provided for in the second subparagraph of Article 18(3) of
      Directive 91/628/EEC shall be submitted to the Joint Veterinary Committee.
EN                                        67                                              EN
 ---pagebreak---                              IV.    SEMEN, OVA AND EMBRYOS
   Section VI of Chapter 1 and Chapter 2 of this Appendix shall apply mutatis mutandis.
                                           V.      FEES
   A.      For checks on live animals from countries other than those covered by this Annex,
           the Swiss authorities undertake to collect at least the fees provided for in Annex C,
           Chapter 2, to Directive 96/43/EC.
   B.      The fees payable on live animals originating in the Community or Switzerland and
           intended for import into the Community or Switzerland shall be:
           EUR 2.5/t, with a minimum of EUR 15 and a maximum of EUR 175 being charged
           per consignment.
   C.      No fees shall be charged:
           –     on animals for slaughter bound for the slaughterhouse in Basle,
           –     on animals bound for the customs enclave of Livigno,
           –     on animals bound for the canton ofGraubünden,
           –     on live animals loaded directly or indirectly onto a train at one point in
                 Community territory for unloading at another point in Community territory,
           –     on live animals originating in the Community crossing Swiss territory,
           –     on live animals originating in Switzerland crossing Community territory,
           –     on equidae.
   D.      The fees payable on animals sent for grazing in border areas shall be:
           EUR 1/head for the country of dispatch and EUR 1/head for the country of
           destination, with a minimum of EUR 10 and a maximum of EUR 100 being charged
           in each case per consignment.
   E.      For the purposes of this chapter, "consignment" means a number of animals of the
           same type, covered by the same health certificate or document, carried on the same
           means of transport, dispatched by the same consignor, coming from the same
           exporting country or region and bound for the same destination.
EN                                               68                                              EN
 ---pagebreak---                       Appendix 6
              LIVESTOCK PRODUCTS
                     CHAPTER 1
   Sectors where recognition of equivalence is mutual
EN                         69                         EN
 ---pagebreak---                                               Products: Milk and products of milk of bovine species intended for human consumption
                                                             Exports from the Community to Switzerland and exports from Switzerland to the Community
                                                      Trade conditions
                                                                                                                 Equivalence                          Special requirements
                EC standards                                   Swiss standards
                                                                                                                                Milk and products of milk of bovine species intended for
Animal health   64/432/EEC   Ordonnance of 27 June 1995 on epizootic diseases (OFE), as last amended on 23                      human consumption traded between the Member States of
                             October 2001 (RS 916.401), and in particular Articles 47, 61, 65, 101, 155, 163,         Yes       the Community and Switzerland must be accompanied
- Bovine         92/46/EEC   169, 173, 177, 224 and 295 thereof.                                                                exclusively by the commercial accompanying documents
                                                                                                                      Yes       provided for in Chapter II of Directive 92/46/ECE
  Public health  92/46/EEC   Ordonnance of 7 December 1998 on ensuring quality in the dairy sector
                             (Ordonnance on milk quality, OQL) as last amended on 8 March 2002                                  Under Article 10 of Directive 92/46/EEC, Switzerland shall
                             (RS 916.351.0)                                                                                     draw up a list of its approved processing establishments and
                                                                                                                                treatment establishments and a list of its approved collection
                                                                                                                                centres and standardisation centres.
                             Ordonnance of 13 April 1999 on ensuring quality in milk production, as last
                             amended on 20 December 2002 (RS 916.351.021.1)
                             Ordonnance of 13 April 1999 on ensuring quality in industrial milk processing, as
                             last amended on 20 December 2002 (RS 916.351.021.2)
                             Ordonnance of 13 April 1999 on ensuring quality in artisanal processing of milk, as
                             last amended on 20 December 2002 (RS 916.351.021.3)
                             Ordonnance of 13 April 1999 on ensuring quality during maturing and pre-
                             packaging of cheese , as last amended on 20 December 2002 (RS 916.351.021.4)
EN                                                                                    70
                                                                                   EN
 ---pagebreak---                                                                   Products: Animal by-products not for human consumption, including
                                                                milk and products of milk of bovine species not for human consumption
                                              Exports from the European Community to Switzerland and exports from Switzerland to the European Community
                                                 Trade conditions
                                                                                                                      Equivalence                             Special requirements
                       EC standards                                             Swiss standards
Regulation (EC) No 1774/2002 of the European                 Ordonnance of 5 March 1995 on meat hygiene                  Yes             Switzerland shall apply to its imports the same provisions as
Parliament and of the Council of 3 October 2002 laying       (OHyV), as last amended on 23 June 2004                                     those in Annexes VII, VIII, X (certificates) and XI
down health rules concerning animal by-products not          (RS 817.190).                                                               (countries), in accordance with Article 29 of Regulation (EC)
intended for human consumption (OJ L 273, 10.10.2002,                                                                                    No 1774/2002
p. 1), as last amended by Commission Regulation (EC)         Ordonnance of 27 June 1995 on epizootic diseases
No 780/2004 of 26 April 2004 on transitional measures        (OFE), as last amended on 23 June 2004                                      Trade in category 1 and 2 materials shall be prohibited,
pursuant to Regulation (EC) No 1774/2002 of the              (RS 916.401)                                                                except for certain technical uses provided for in Regulation
European Parliament and of the Council as regards the                                                                                    (EC) No 1774/2002 (transitional measures introduced by
import and transit of certain products from certain third    Ordonnance of 20 April 1988 on the import, transit                          Commission Regulation (EC) No 878/2004)
countries (OJ L 123, 27.4.2004, p. 64).                      and export of animals and animal products (OITE),
                                                             as last amended on 23 June 2004 (RS 916.443.11),                            Category 3 materials traded between the Member States of
                                                             and in particular Articles 51, 64a and 77 (approval                         the Community and Switzerland must be accompanied by the
                                                             as export enterprises, import and export conditions                         commercial documents and health certificates provided for in
                                                             for animal by-products) thereof                                             Chapter III of Annex II, in accordance with Articles 7 and 8
                                                                                                                                         of Regulation (EC) No 1774/2002.
                                                             Ordonnance of 23 June 2004 on the elimination of
                                                             animal by-products (OESPA), (RS 916.441.22)                                 In accordance with Chapter III of Regulation (EC)
                                                                                                                                         No 1774/2002, Switzerland shall draw up a list of its
                                                                                                                                         corresponding establishments.
 EN                                                                                               71
                                                                                               EN
 ---pagebreak---                                              CHAPTER II
                           Sectors other than those covered by Chapter I
   I.        Exports from the Community to Switzerland
             Exports from the Community to Switzerland shall be subject to the same conditions
             as intra-Community trade. However, in all cases, a certificate attesting compliance
             with those conditions shall be issued by the competent authorities to accompany
             consignments.
             If necessary, models for certificates shall be discussed in the Joint Veterinary
             Committee.
   II.       Exports from Switzerland to the Community
             Exports from Switzerland to the Community shall be subject to the relevant
             conditions laid down in the Community rules. Models for certificates shall be
             discussed in the Joint Veterinary Committee.
             Pending a decision on these models, the present requirements for certificates shall
             apply.
                                             CHAPTER III
                         Transfer of a sector from Chapter II to Chapter I
   As soon as Switzerland adopts any legislation it regards as equivalent to Community
   legislation, the matter shall be brought before the Joint Veterinary Committee. Chapter I of
   this Appendix shall be adjusted as soon as possible to reflect the outcome of the Committee's
   deliberations.
EN                                               72                                              EN
 ---pagebreak---                                       Appendix 11
                                 CONTACT POINTS
   – For the European Community :
     The Director
     Food Safety: plant health, animal health and welfare, international questions
     Directorate General for Health and Consumer Protection (DG SANCO)
     European Commission
     Rue Froissart, 101
     B-1049 Brussels
     Other important contacts
     The Director
     Food and Veterinary Office
     Grange
     Ireland
     Head of Unit
     International food, veterinary and phytosanitary questions
     Directorate General for Health and Consumer Protection (DG SANCO)
     European Commission
     Rue Froissart, 101
     B-1049 Brussels
EN                                        73                                       EN
 ---pagebreak---    – For Switzerland
     Office vétérinaire fédéral
     CH-3003 Berne
     Tel: (41-31) 323 85 01 02
     Fax: (41-31) 324 82 56
     Other important contacts
     Office fédéral de la santé publique
     Unité principale Sûreté alimentaire
     CH-3003 Berne
     Tel: (41-31) 322 95 55
     Fax: (41-31) 322 95 74
     Centrale du Service d'inspection et de consultation en matière d'économie laitière
     Schwarzenburgstraße 161
     CH-3097 Liebefeld-Berne
     Tel: (41-31) 323 81 03
     Fax: (41-31) 323 82 27"
                                    _____________
EN                                        74                                            EN