{
  "url": "https://openlegislation.uk/eu-decision-2015-2367/annex-V",
  "json_url": "https://openlegislation.uk/eu-decision-2015-2367/annex-V.json",
  "legislation": "eudn/2015/2367",
  "legislation_title": "Council Decision (EU) 2015/2367 of 30 November 2015 on the position to be taken on behalf of the European Union within the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products in relation to Decision No 1/2015 regarding the amendment of Appendices 1, 2, 3, 4, 5, 6, 7, 10 and 11 to Annex 11 to the Agreement",
  "legislation_url": "https://openlegislation.uk/eu-decision-2015-2367",
  "path": "annex/V",
  "kind": "annex",
  "number": "V",
  "heading": null,
  "text": "Appendix 5 of Annex 11 to the Agricultural Agreement shall be replaced by the following:\n\"Appendix 5\nLive animals, semen, ova and embryos: Border checks and inspection fees\nCHAPTER I\nGeneral provisions – TRACES system\nA.\nLEGISLATION\nEuropean Union\nSwitzerland\nCommission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (OJ L 94, 31.3.2004, p. 63).\n1.\nLaw of 1 July 1966 on epizootic diseases (LFE; RS 916.40);\n2.\nOrdinance of 27 June 1995 on epizootic diseases (OFE; RS 916.401);\n3.\nOrdinance of 18 April 2007 on the import, transit and export of animals and animal products (OITE; RS 916.443.10);\n4.\nOrdinance of 18 April 2007 on the import and transit of animals by air from third countries (OITA; RS 916.443.12);\n5.\nOrdinance of 27 August 2008 on the import and transit of animal products by air from third countries (OITPA; RS 916.443.13);\n6.\nOrdinance of the DFI of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106);\n7.\nOrdinance of 28 November 2014 on the importation, the transit and exportation of pet animals (OITE-AC; RS 916.443.14).\nB.\nIMPLEMENTING ARRANGEMENTS\nThe Commission, in cooperation with the Federal Food Safety and Veterinary Office, shall integrate Switzerland into the TRACES system, in accordance with Commission Decision 2004/292/EC.\nIf necessary, transitional and complementary measures shall be laid down by the Joint Veterinary Committee.\nCHAPTER II\nVeterinary and zootechnical controls applicable to the trade between the Member States of the European Union and Switzerland\nA.\nLEGISLATION\nVeterinary and zootechnical checks applicable in trade between the Member States of the European Union and Switzerland shall be carried out in accordance with the provisions of the following acts:\nEuropean Union\nSwitzerland\n1.\nCouncil Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters (OJ L 351, 2.12.1989, p. 34);\n2.\nCouncil 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).\n1.\nAct of 1 July 1966 on epizootic diseases (LFE; RS 916.40), in particular Article 57 thereof;\n2.\nOrdinance of 18 April 2007 on the import, transit and export of animals and animal products (OITE; RS 916.443.10);\n3.\nOrdinance of the DFI of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106);\n4.\nOrdinance of 28 November 2014 on the importation, the transit and exportation of pet animals (OITE-AC; RS 916.443.14);\n5.\nOrdinance of 30 October 1985 on the fees levied by the Federal Food Safety and Veterinary Office (Ordinance on the Fees of the Federal Food Safety and Veterinary Office RS 916.472).\nB.\nIMPLEMENTING ARRANGEMENTS\nIn the cases provided for in Article 8 of Directive 90/425/EEC, the competent authorities of the place of destination shall contact the competent authorities of the place of dispatch without delay. They shall take all necessary measures and notify the competent authority of the place of dispatch and the Commission of the nature of the checks carried out, the decisions taken and the reasons for such decisions.\nThe Joint Veterinary Committee shall be responsible for the application of the provisions of Articles 10, 11 and 16 of Directive 89/608/EEC and Articles 9 and 22 of Directive 90/425/EEC.\nC.\nSPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION FOR ANIMALS SENT FOR GRAZING IN BORDER AREAS\n1.\nDefinitions\nGrazing: dispatching animals to a Member State of the European Union 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 Union may be authorised by the competent authorities concerned.\nDaily grazing: grazing where the animals are returned to their holding of origin in a Member State of the European Union or in Switzerland at the end of each day.\n2.\nThe provisions of Commission Decision 2001/672/EC shall apply mutatis mutandis to grazing between the Member States of the European Union and Switzerland. However, for the purposes of this Annex, the following adjustments shall apply to Article 1 of Decision 2001/672/EC:\nthe reference to the period from 1 May to 15 October shall be replaced by \"the calendar year\";\nfor Switzerland, the parties referred to in Article 1 of Decision 2001/672/EC and referred to in the corresponding Annex shall be:\nSWITZERLAND\nCanton of Zürich\nCanton of Bern/Berne\nCanton of Luzern\nCanton of Uri\nCanton of Schwyz\nCanton of Obwalden\nCanton of Nidwalden\nCanton of Glarus\nCanton of Zug\nCanton of Freiburg/Fribourg\nCanton of Solothurn\nCanton of Basel Stadt\nCanton of Basel Land\nCanton of Schaffhausen\nCanton of Appenzell Ausserrhoden\nCanton of Appenzell Innerrhoden\nCanton of Sankt Gallen\nCanton of Graubunden\nCanton of Aargau\nCanton of Thurgau\nCanton of Ticino\nCanton of Vaud\nCanton of Valais/Wallis\nCanton of Neuchâtel\nCanton of Geneva\nCanton of Jura\nPursuant to the Ordinance on epizootic diseases of 27 June 1995 (OFE; RS 916.401), and in particular Article 7 (registration) thereof and the Ordinance of 26 November 2011 on the database on animal movements (Ordinance on the BDTA; RS 916.404.1), and in particular Section 2 (content of the database) thereof, Switzerland is to allocate to each pasturage a specific registration code which must be registered in the national database on bovine animals.\n3.\nIn the case of grazing between the Member States of the European Union and Switzerland, the official veterinarian of the country of dispatch shall:\n(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;\n(b) examine the animals within 48 hours prior to their departure for the grazing ground; the animals must be duly identified;\n(c) issue a certificate in accordance with the model in point 9 below.\n4.\nThroughout the duration of the grazing period, the animals shall remain under customs control.\n5.\nThe holder of the animals must:\n(a) agree, in a written statement, to comply with all measures taken pursuant to this Annex and any other measures introduced at local level, in the same way as any holder originating in a Member State of the European Union or Switzerland;\n(b) pay the costs of the checks required pursuant to this Annex;\n(c) cooperate fully with arrangements for customs or veterinary checks required by the authorities of the country of dispatch or of destination.\n6.\nWhen the animals return at the end of the season or before, the official veterinarian of the country where the grazing ground is located shall:\n(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;\n(b) examine the animals within 48 hours prior to their departure for the grazing ground; the animals must be duly identified;\n(c) issue a certificate in accordance with the model in point 9 below.\n7.\nIn 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.\n8.\nAs an exception to the rules on grazing in points 1 to 7, in the case of daily grazing between the Member States of the European Union and Switzerland:\n(a) the animals shall not enter into contact with animals from another holding;\n(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;\n(c) the health certificate set out in point 9 below shall be presented to the competent veterinary authorities every calendar year when the animals first enter a Member State of the European Union or Switzerland. This health certificate must be presented to the competent veterinary authorities at the request of the latter;\n(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 of the European Union or to Switzerland;\n(e) point 6 shall not apply;\n(f) the holders of animals shall undertake to inform the competent veterinary authority of the end of the grazing period.\n9.\nModel health certificate for bovine animals sent for grazing or daily grazing in border areas and for bovine animals returning from border grazing:\nModel health certificate for bovine animals sent for grazing or daily grazing in border areas and for bovine animals returning from border grazing\nCHAPTER III\nConditions for trade between the European Union and Switzerland\nA.\nLEGISLATION\nFor the trade in live animals, their semen, ova, embryos, and the border grazing of bovine animals between the European Union and Switzerland, the health certificates are those provided for by this Annex and available in the TRACES system, pursuant to Commission Regulation (EC) No 599/2004.\nCHAPTER IV\nVeterinary checks applicable to imports from third countries\nA.\nLEGISLATION\nChecks on imports from third countries shall be carried out in accordance with the provisions of the following acts:\nEuropean Union\nSwitzerland\n1.\nCommission Regulation (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community (OJ L 49, 19.2.2004, p. 11);\n2.\nRegulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1);\n3.\nCouncil Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991, p. 56);\n4.\nCouncil Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stock farming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 23.5.1996, p. 3);\n5.\nCouncil Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10);\n6.\nCommission Decision 97/794/EC of 12 November 1997 laying down certain detailed rules for the application of Council Directive 91/496/EEC as regards veterinary checks on live animals to be imported from third countries (OJ L 323, 26.11.1997, p. 31);\n7.\nCommission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (OJ L 116, 4.5.2007, p. 9).\n1.\nOrdinance of 18 April 2007 on the import, transit and export of animals and animal products (OITE; RS 916.443.10);\n2.\nOrdinance of 18 April 2007 on the import and transit of animals by air from third countries (OITA; RS 916.443.12);\n3.\nOrdinance of 27 August 2008 on the import and transit of animal products by air from third countries (OITPA; RS 916.443.13);\n4.\nOrdinance of the DFI of 16 May 2007 on controls on the import and transit of animals and animal products (Ordinance on controls, OITE; RS 916.443.106);\n5.\nOrdinance of 28 November 2014 on the importation, the transit and exportation of pet animals (OITE-AC; RS 916.443.14);\n6.\nOrdinance of 30 October 1985 on the fees levied by the Federal Food Safety and Veterinary Office (Ordinance on the Fees of the Federal Food Safety and Veterinary Office; RS 916.472);\n7.\nOrdinance of 18 August 2004 on veterinary medicinal products (OMédV; RS 812.212.27).\nB.\nIMPLEMENTING ARRANGEMENTS\n1.\nFor the purposes of implementing Article 6 of Directive 91/496/EEC, the border inspection posts of the Member States of the European Union approved for veterinary checks on live animals are listed in Annex I to Decision 2009/821/EC.\n2.\nFor the purposes of implementing Article 6 of Directive 91/496/EEC, the border inspection posts for Switzerland shall be:\nBy reference to the approval categories defined in Decision 2009/821/EC.\nName\nTRACES code\nType\nInspection centre\nType of approval\nZürich Airport\nCHZRH4\nA\nCentre 3\nO - Other animals (including zoo animals)\nGeneva Airport\nCHGVA4\nA\nCentre 2\nO - Other animals (including zoo animals)\nThe Joint Veterinary Committee shall be responsible for any subsequent amendments to the list of border inspection posts, their inspection centres and their type of approval.\nOn-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/EC and Article 57 of the Law on epizootic diseases.\n3.\nThe Federal Food Safety and Veterinary Office shall apply, simultaneously with the Member States of the European Union, the import conditions referred to in Appendix 3 of this Annex, and the implementing measures.\nThe Federal Food Safety and Veterinary Office may adopt more restrictive measures and require additional guarantees. Consultations shall be held within the Joint Veterinary Committee to find suitable solutions.\nThe Federal Food Safety and Veterinary Office and the Member States of the European Union shall notify each other of the specific import conditions established bilaterally which have not been harmonised at Union level.\n4.\nThe border inspection posts of the Member States of the European Union referred to in point 1 of this Section shall check imports from third countries destined for Switzerland in accordance with Section A of this Chapter.\n5.\nThe Swiss border inspection posts mentioned in point 2 shall check imports from third countries destined for the Member States of the European Union in accordance with Section A of this Chapter.\nCHAPTER V\nSpecific provisions\n1.\nIDENTIFICATION OF LIVESTOCK\nA.\nLEGISLATION\nChecks on imports from third countries shall be carried out in accordance with the provisions of the following acts:\nEuropean Union\nSwitzerland\n1.\nCouncil Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs (OJ L 213, 8.8.2008, p. 31).\n2.\nRegulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and 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).\n1.\nOrdinance on epizootic diseases of 27 June 1995 (OFE; RS 916.401), and in particular Articles 7 to 15f (registration and identification) thereof;\n2.\nOrdinance of 26 October 2011 on the database on animal movements (RS 916.404.1).\nB.\nIMPLEMENTING ARRANGEMENTS\na.\nThe Joint Veterinary Committee shall be responsible for the application of Article 4(2) of Directive 2008/71/EC.\nb.\nOn-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 22 of Regulation (EC) No 1760/2000, Article 57 of the Act on epizootic diseases and Article 1 of the Ordinance of 23 October 2013 on the coordination of inspections of agricultural holdings (OCI, RS 910.15).\n2.\nANIMAL WELFARE\nA.\nLEGISLATION\nEuropean Union\nSwitzerland\n1.\nCouncil Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1).\n2.\nCouncil Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts and amending the route plan referred to in the Annex to Directive 91/628/EEC (OJ L 174, 2.7.1997, p. 1).\n1.\nFederal Law of 16 December 2005 on animal welfare (LPA; RS 455), and in particular Articles 15 and 15a (principles, international transports of animals);\n2.\nOrdinance of 23 April 2008 on animal welfare (OPAn; RS 455.1), and in particular Articles 169 to 176 (international transports of animals).\nB.\nIMPLEMENTING ARRANGEMENTS\n(a)\nThe Swiss authorities undertake to comply with the provisions of Regulation (EC) No 1/2005 for trade between Switzerland and the European Union and for imports from third countries.\n(b)\nIn the cases provided for in Article 26 of Regulation (EC) No 1/2005, the competent authorities of the place of destination shall contact the competent authorities of the place of departure without delay.\n(c)\nThe Joint Veterinary Committee shall be responsible for the application of Articles 10, 11 and 16 of Directive 89/608/EEC.\n(d)\nOn-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance, in particular, with Article 28 of Regulation (EC) No 1/2005 and Article 208 of the Ordinance of 23 April 2008 on animal welfare (OPAn; RS455.1);\n(e)\nPursuant to the provisions of Article 15a (3) of the Federal Act of 16 December 2005 on animal welfare (LPA; RS 455), transit via Switzerland of bovine animals, sheep, goats and pigs, horses for slaughter and poultry for slaughter is authorised only by rail or aeroplane. This matter shall be examined by the Joint Veterinary Committee.\n3.\nFEES\n1.\nNo fees shall be charged for veterinary checks carried out in trade between the Member States of the European Union and Switzerland.\n2.\nThe veterinary authorities undertake the charge the fees provided for in Regulation (EC) No 882/2004 of the European Parliament and of the Council for veterinary checks of imports from third countries.\".",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "+ Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces (OJ L 296, 12.11.2009, p. 1)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "By reference to the approval categories defined in Decision 2009/821/EC."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Unless indicated otherwise, any reference to an act shall mean that act as amended before 31 December 2014."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2015/2367/annex/V",
    "retrieved_at": "2026-11-01T15:14:07.751966+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}