22002A0430(04)

22002A0430(04) 22002A0430(04) Agreement between the European Community and the Swiss Confederation on trade in agricultural products - Final Act - Joint Declarations - Information relating to the entry into force of the seven Agreements with the Swiss Confederation in the sectors free movement of persons, air and land transport, public procurement, scientific and technological cooperation, mutual recognition in relation to conformity assessment, and trade in agricultural products Official Journal L 114 , 30/04/2002 P. 0132 - 0368  Dates: of document:   21/06/1999 of effect:   01/06/2002; Entry into force See Art 17 And OJ L 114/2002 P. 480 of signature:   21/06/1999; Luxembourg end of validity:   99/99/9999; See Art. 17.2 Authentic language: The official languages ; German ; English ; Danish ; Spanish ; Finnish ; French ; Greek ; Italian ; Dutch ; Portuguese ; Swedish Author: European Community ; Switzerland Subject matter: External relations ; Cooperation ; Agriculture Directory code: 11401040 EUROVOC descriptor: EC agreement ; Switzerland ; agricultural product ; market access ; liberalisation of the market Legal basis: 157A101-L2................ Adoption 197E300-P2L1FR2........... Adoption 197E300-P3L2.............. Adoption 197E300-P4................ Adoption 197E310................... Adoption Instruments cited: 272A0722(03).............. 389R1576.................. 392R2081.................. 294A1223(07).............. Earlier related instruments: 202A0430(01)......Relation...... 202A0430(02)......Relation...... 202A0430(03)......Relation...... 202A0430(05)......Relation...... 202A0430(06)......Relation...... 202A0430(07)......Relation...... Amended by: Corrected by.. 202A0340(04)R(01). (DA, DE, EL, EN, ES, FI, FR, IT, NL, PT, SV) Adopted by.... 302D0309.......... Amended by.... 204D0078.......... Amendment ANN 11 from 25/11/2003 Amended by.... 204D0419.......... Replacement ANN 9 APP 1 from 01/07/2004 Amended by.... 204D0480.......... Replacement ANN 11 APP 5 CH 1 PT 3 from 28/04/2004 Subsequent related instruments: Relation...... 202A0430(01)...... Relation...... 202A0430(02)...... Relation...... 202A0430(03)...... Relation...... 202A0430(05)...... Relation...... 202A0430(06)...... Relation...... 202A0430(07)...... Agreement between the European Community and the Swiss Confederation on trade in agricultural products THE EUROPEAN COMMUNITY, hereinafter referred to as the "Community", and THE SWISS CONFEDERATION, hereinafter referred to as "Switzerland", together referred to hereinafter as "the Parties", RESOLVED gradually to eliminate the barriers affecting the bulk of their trade in accordance with the provisions on the establishment of free-trade areas in the Agreement establishing the World Trade Organisation, Whereas, in Article 15 of the Free Trade Agreement of 22 July 1972, the Parties declared their readiness to foster, so far as their agricultural policies allow, the harmonious development of trade in agricultural products to which that Agreement does not apply, HAVE AGREED AS FOLLOWS: Article 1 Objective 1. The objective of this Agreement shall be to strengthen the free-trade relations between the Parties by improving the access of each to the market in agricultural products of the other. 2. "Agricultural products" means the products listed in Chapters 1 to 24 of the International Convention on the Harmonised Commodity Description and Coding System. For the purposes of applying Annexes 1, 2 and 3 to this Agreement, the products falling under Chapter 3 and headings 16.04 and 16.05 of the Harmonised System and the products covered by CN codes 0511 91 10, 0511 91 90, 1902 20 10 and 2301 20 00 shall be excluded. 3. This Agreement shall not apply to the subjects covered by Protocol 2 to the Free Trade Agreement, with the exception of the relevant concessions granted in Annexes 1 and 2 hereto. Article 2 Tariff concessions 1. Without prejudice to the concessions set out in Annex 3, the tariff concessions granted by Switzerland to the Community shall be as listed in Annex 1 hereto. 2. Without prejudice to the concessions set out in Annex 3, the tariff concessions granted by the Community to Switzerland shall be as listed in Annex 2 hereto. Article 3 Concessions regarding cheese The specific provisions applicable to trade in cheeses shall be as set out in Annex 3 hereto. Article 4 Rules on origin The rules on origin mutually applicable under Annexes 1, 2 and 3 to this Agreement shall be as set out in Protocol 3 to the Free Trade Agreement. Article 5 Removing technical barriers to trade 1. The way technical obstacles to trade in agricultural products are to be reduced in the various fields shall be as set out in the Annexes hereto as follows: - Annex 4 on plant health, - Annex 5 on animal feed, - Annex 6 on seeds, - Annex 7 on trade in wine-sector products, - Annex 8 on the mutual recognition and protection of names of spirit drinks and aromatised wine-based drinks, - Annex 9 on organically produced agricultural products and foodstuffs, - Annex 10 on recognition of conformity checks for fruit and vegetables subject to marketing standards, - Annex 11 on animal health and zootechnical measures applicable to trade in live animals and animal products. 2. Article 1(2) and (3) and Articles 6, 7, 8, and 10 to 13 of this Agreement shall not apply to Annex 11. Article 6 Joint Committee on Agriculture 1. A Joint Committee (hereinafter referred to as "the Committee") made up of representatives of the Parties shall be set up. 2. The Committee shall be responsible for the administration of this Agreement and shall ensure its good functioning. 3. The Committee shall be empowered to adopt decisions as provided for in this Agreement and the Annexes hereto. Such decisions shall be implemented by the Parties in accordance with their own rules. 4. The Committee shall establish its own Rules of Procedure. 5. The Committee shall act by mutual agreement. 6. To ensure the proper implementation of this Agreement, the Parties shall hold consultations within the Committee at the request of either Party. 7. The Committee shall set up the working groups needed to administer the Annexes to this Agreement. Its Rules of Procedure shall specify, in particular, the membership of such working groups and the way they are to operate. Article 7 Settlement of disputes Either Party may bring a matter under dispute which concerns the interpretation or application of this Agreement to the Committee. The latter shall endeavour to settle the dispute. Any information which might be of use in making possible an in-depth examination of the situation with a view to finding an acceptable solution shall be supplied to the Committee. To this end, the Committee shall examine all possibilities to maintain the good functioning of this Agreement. Article 8 Exchange of information 1. The Parties shall exchange all relevant information regarding the implementation and application of this Agreement. 2. Each Party shall inform the other of any changes it intends to make to laws, regulations and administrative provisions within the scope of this Agreement and shall notify the other Party of any new provisions as soon as possible. Article 9 Confidentiality Representatives, experts and other agents of the Parties shall be required, even after their duties have ceased, not to disclose information, obtained in the framework of this Agreement, which is covered by the obligation of professional secrecy. Article 10 Safeguard measures 1. Where, in connection with the application of Annexes 1, 2 and 3 to this Agreement and having regard to the special sensitivity of the agricultural markets of the Parties, imports of products originating in one Party cause or threaten to cause a serious disturbance on the markets of the other, the Parties shall immediately hold consultations to seek a suitable solution. Pending such a solution, the Party concerned may take any measures it deems necessary. 2. Where safeguard measures as provided for in paragraph 1 or in the other Annexes hereto are taken: (a) the following procedures shall apply in the absence of specific provisions: - where either Party intends to implement safeguard measures with respect to part or all of the territory of the other, it shall inform the latter in advance, stating its reasons, - where either Party takes safeguard measures in respect of part or all of its own territory or that of a third country, it shall inform the other as soon as possible, - without prejudice to the possibility of putting the planned measures into force immediately, consultations shall be held between the two Parties as soon as possible with a view to finding suitable solutions, - where safeguard measures are taken by a Member State of the Community with respect to Switzerland, another Member State or a third country, the Community shall duly inform Switzerland as soon as possible; (b) measures which least disrupt the way this Agreement operates must be given priority. Article 11 Amendments The Committee may decide to amend Annexes 1 and 2 and the Appendices to the other Annexes hereto. Article 12 Review 1. Where either Party seeks a review of this Agreement, it shall submit a reasoned request to the other. 2. The Parties may entrust the Committee with the task of considering any such request and, where appropriate, of putting forward recommendations, in particular with a view to holding negotiations. 3. Any agreements resulting from negotiations as provided for in paragraph 2 shall be submitted for ratification or approval by the Parties in accordance with their respective procedures. Article 13 Evolutionary clause 1. The Parties hereby undertake to continue to work towards achieving gradually greater liberalisation of trade between them in agricultural products. 2. To that end, the Parties shall regularly review within the Committee the conditions governing trade between them in agricultural products. 3. In the light of the outcome of such considerations and of their respective agricultural policies and taking account of the sensitivity of the agricultural markets, the Parties may enter into negotiations under this Agreement with a view to further reducing obstacles to trade in agricultural products on a basis of reciprocal and mutually advantageous preferences. 4. Any agreements resulting from negotiations as provided for in paragraph 3 shall be submitted for ratification or approval by the Parties in accordance with their respective procedures. Article 14 Implementation of the Agreement 1. The Parties shall take all steps, whether general or specific, to ensure the performance of the obligations arising from this Agreement. 2. They shall abstain from any measure which is liable to jeopardise the attainment of the objectives of this Agreement. Article 15 Annexes The Annexes to this Agreement, including the Appendices thereto, shall form an integral part thereof. Article 16 Territorial scope This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other, to the territory of Switzerland. Article 17 Entry into force and duration 1. This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures. It shall enter into force on the first day of the second month following the final notification of the deposit of the instruments of ratification or approval of all the following seven Agreements: Agreement on Trade in Agricultural Products Agreement on the Free Movement of Persons Agreement on Air Transport Agreement on the Carriage of Goods and Passengers by Road and Rail Agreement on Mutual Recognition in Relation to Conformity Assessment Agreement on Certain Aspects of Government Procurement Agreement on Scientific and Technological Cooperation. 2. This Agreement is concluded for an initial period of seven years. It shall be renewed indefinitely unless the Community or Switzerland notifies the other Party to the contrary before the initial period expires. In the event of such notification, the provisions of paragraph 4 shall apply. 3. Either the Community or Switzerland may terminate this Agreement by notifying the other Party of its decision. In the event of such notification, the provisions of paragraph 4 shall apply. 4. The seven Agreements referred to in paragraph 1 shall cease to apply six months after receipt of notification of non-renewal referred to in paragraph 2 or termination referred to in paragraph 3. Hecho en Luxemburgo, el veintiuno de junio de mil novecientos noventa y nueve, en dos ejemplares en las lenguas alemana, danesa, espaęola, finesa, francesa, griega, inglesa, italiana, neerlandesa, portuguesa y sueca, siendo cada uno de estos textos igualmente autłntico./Udfördiget i Luxembourg, den enogtyvende juni nitten hundrede og nioghalvfems i to eksemplarer põ dansk, engelsk, finsk, fransk, grösk, italiensk, nederlandsk, portugisisk, spansk, svensk og tysk, idet hver af disse tekster har samme gyldighed./Geschehen zu Luxemburg am einundzwanzigsten Juni neunzehnhundertneunundneunzig in zweifacher Ausfertigung in dōnischer, deutscher, englischer, finnischer, franzŠsischer, griechischer, italienischer, niederlōndischer, portugiesischer, spanischer und schwedischer Sprache, wobei jeder dieser Wortlaute gleichermačen verbindlich ist./>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ õčś˙ėł üčń É˙įżč˙į ščūłń õżżłńśŽėłń õżõżČżĮń õżżąń, ėõ ōž˙ ńĮżčĮįĘń ėĮ÷ż ńóóūłśČ, óńūūłśČ, óõęüńżłśČ, ōńżłśČ, õūū÷żłśČ, łėĘńżłśČ, łĮńūłśČ, ˙ūūńżōłśČ, Ę˙ęĮ˙óńūłśČ, ė˙į÷ōłśČ śńł ŠłżūńżōłśČ óūžėėń, Žūń ōõ Įń śõčüõżń ńįĮĄ õčżńł õžčė˙į ńįųõżĮłśĄ./>ISO_1>Done at Luxembourg on the twenty-first day of June in the year one thousand nine hundred and ninety-nine, in duplicate in the Spanish, Danish, German, Greek, English, French, Italian, Dutch, Portuguese, Finnish and Swedish languages, each text being equally authentic./Fait š Luxembourg, le vingt-et-un juin mil neuf cent quatre-vingt dix-neuf, en double exemplaire, en langues allemande, anglaise, danoise, espagnole, finnoise, fran÷aise, grecque, italienne, nłerlandaise, portugaise et sułdoise, chacun de ces textes faisant łgalement foi./Fatto a Lussemburgo, addü ventuno giugno millenovecentonovantanove, in duplice esemplare, in lingua danese, finnica, francese, greca, inglese, italiana, olandese, portoghese, spagnola, svedese e tedesca. Ciascuna delle versioni linguistiche fa parimenti fede./Gedaan te Luxemburg, de eenentwintigste juni negentienhonderd negenennegentig, in twevoud, in de Deense, de Duitse, de Engelse, de Finse, de Franse, de Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle talen gelijkelijk authentiek./Feito no Luxemburgo, em vinte e um de Junho de mil novecentos e noventa e nove, em dois exemplares, nas lżnguas alemó, dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, italiana, neerlandesa, portuguesa e sueca, fazendo igualmente fł qualquer dos textos./Tehty Luxemburgissa kahdentenakymmenentenōensimmōisenō pōivōnō kesōkuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōyhdeksōn kahtena kappaleena englannin, espanjan, hollannin, italian, kreikan, portugalin, ranskan, ruotsin, saksan, suomen ja tanskan kielellō, ja jokainen teksti on yhtō todistusvoimainen./Utfōrdat i Luxemburg den tjugofŠrsta juni nittonhundranittionio i tvõ exemplar põ det danska, engelska, finska, franska, grekiska, italienska, nederlōndska, portugisiska, spanska, svenska och tyska sprõket, vilka samtliga texter ōr giltiga. Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska gemenskapens vōgnar >PIC FILE= "L_2002114EN.013601.TIF"> >PIC FILE= "L_2002114EN.013602.TIF"> Por la Confederaciėn Suiza For Det Schweiziske Edsforbund FŽr der Schweizerischen Eidgenossenschaft >ISO_7>Ćłń Į÷ż ÅūņõĮłśČ Óįż˙ü˙ėĘ˙żōčń >ISO_1>For the Swiss Confederation Pour la Confłdłration suisse Per la Confederazione svizzera Voor de Zwitserse Bondsstaat Pela Confedera÷óo Suż÷a Sveitsin valaliiton puolesta Põ Schweiziska EdsfŠrbundets vōgnar >PIC FILE= "L_2002114EN.013603.TIF"> >PIC FILE= "L_2002114EN.013604.TIF"> CONTENTS ANNEX 1: Concessions granted by Switzerland ANNEX 2: Concessions granted by the Community ANNEX 3: Concessions regarding cheeses Appendix 1: Concessions granted by the Community Appendix 2: Concessions granted by Switzerland Appendix 3: List of names of "Italico" cheese which can be imported into Switzerland Appendix 4: Cheese descriptions ANNEX 4 on plant health (Appendices 1 to 4 to be drawn up) Appendix 5: Exchange of information ANNEX 5 on animal feed (Appendix 1 to be drawn up) Appendix 2: List of legislative provisions referred to in Article 9 ANNEX 6 on seeds Appendix 1: Legislation Appendix 2: Seed inspection and certification bodies Appendix 3: Community derogations allowed by Switzerland Appendix 4: List of third countries ANNEX 7 on trade in wine-sector products Appendix 1: List of instruments referred to in Article 4 relating to wine-sector products Appendix 2: Protected names referred to in Article 6 Appendix 3: relating to Articles 6 and 25 ANNEX 8 on the mutual recognition and protection of names of spirit drinks and aromatised wine-based drinks Appendix 1: Protected names of spirit drinks originating in the Community Appendix 2: Protected names of spirit drinks originating in Switzerland Appendix 3: Protected names of aromatised drinks originating in the Community Appendix 4: Protected names of aromatised drinks originating in Switzerland ANNEX 9 on organically produced agricultural products and foodstuffs Appendix 1: List of regulations applicable Appendix 2: Rules of application ANNEX 10 on recognition of conformity checks for fruit and vegetables subject to marketing standards Appendix: Swiss inspection bodies authorised to issue inspection certificates as provided for in Article 3 of Annex 10 ANNEX 11 on animal-health and zootechnical measures applicable to trade in live animals and animal products Appendix 1: Control measures/notification of diseases Appendix 2: Animal health: trade and placing on the market Appendix 3: Imports of live animals and certain animal products from third countries Appendix 4: Zootechnical provisions, including those governing imports from third countries Appendix 5: Checks and fees Appendix 6: Animal products Appendix 7: Responsible authorities Appendix 8: Adjustments to regional conditions Appendix 9: Guidelines on procedures for conducting audits Appendix 10: Border checks and inspection fees Appendix 11: Contact points ANNEX 1 CONCESSIONS GRANTED BY SWITZERLAND The tariff concessions set out below are granted by Switzerland for the following products originating in the Community and are, where applicable, subject to an annual quantity. >TABLE POSITION> ANNEX 2 CONCESSIONS GRANTED BY THE COMMUNITY The tariff concessions set out below are granted by the Community for the following products originating in Switzerland and are, where applicable, subject to an annual quantity. >TABLE POSITION> ANNEX 3 CONCESSIONS REGARDING CHEESES 1. The Community and Switzerland hereby undertake gradually to liberalise trade with each other in cheeses falling under heading 0406 of the Harmonised System over the five years following the entry into force of the Agreement. 2. The liberalisation process shall take place as follows: (a) Imports into the Community In the first year following the entry into force of the Agreement, the Community shall gradually abolish or eliminate customs duties on imports of cheese originating in Switzerland, subject, where applicable, to an annual quantity. The basic customs duties and basic annual quantities for the various types of cheese shall be as set out in Appendix 1 hereto. (i) The Community shall reduce the basic customs duties listed in the table in Appendix 1 by 20 % per year. The first reduction shall take place one year after the entry into force of the Agreement. (ii) The Community shall increase the tariff quota in the table in Appendix 1 by 1250 tonnes per year; the first increase shall take place one year after the entry into force of the Agreement. Trade shall be fully liberalised by the beginning of the sixth year. (iii) Switzerland shall be exempt from the requirement to comply with the free-at-frontier prices set out in the description of foods covered by CN code 0406 of the Common Customs Tariff. (b) Exports from the Community The Community shall not apply export refunds for exports to Switzerland of cheeses falling under heading 0406 of the Harmonised System. (c) Imports into Switzerland In the first year following the entry into force of the Agreement, Switzerland shall gradually abolish or eliminate customs duties on imports of cheese originating in the Community, subject, where applicable, to an annual quantity. The basic customs duties and basic annual quantities for the various types of cheese shall be as set out in point (a) of Appendix 2 hereto. (i) Switzerland shall reduce the basic customs duties listed in the table in Appendix 2(a) by 20 % per year. The first reduction shall take place one year after the entry into force of the Agreement. (ii) Switzerland shall increase all the tariff quotas listed in the table in Appendix 2(a) by 2500 tonnes per year. The first increase shall take place one year after the entry into force of the Agreement. At least four months before the beginning of each year, the Community shall determine the category or categories of cheeses to which that increase is to apply. Trade shall be fully liberalised by the beginning of the sixth year. (d) Exports from Switzerland In the first year following the entry into force of the Agreement, Switzerland shall gradually eliminate export subsidies on consignments of cheese to the Community as follows. (i) The amounts on which the elimination process is to be based(1) shall be as set out in Appendix 2(b) hereto. (ii) Those basic amounts shall be reduced as follows: - one year after entry into force of the Agreement, by 30 %, - two years after entry into force of the Agreement, by 55 %, - three years after entry into force of the Agreement, by 80 %, - four years after entry into force of the Agreement, by 90 %, - five years after entry into force of the Agreement, by 100 %. 3. The Community and Switzerland shall take the necessary steps to ensure that import licences are distributed in a way that ensures regular imports, taking account of market requirements. 4. The Community and Switzerland shall ensure that the benefits they grant each other are not undermined by other measures affecting imports and exports. 5. Should the development of prices and/or imports give rise to disturbance on the market of either Party, consultations shall be held as soon as possible within the Committee set up under Article 6 of the Agreement at the request of either Party with a view to finding appropriate solutions. In this connection, the Parties hereby agree periodically to exchange information on prices and any other relevant information on the market in locally produced and imported cheeses. (1) The basic amounts are to be calculated by common agreement by the Parties on the basis of the difference in the institutional prices for milk likely to be in force when the Agreement enters into force, plus an additional amount for milk processed into cheese, obtained on the basis of the quantity of milk needed to manufacture the cheeses concerned, minus (except in the case of cheeses subject to quotas) the reduction of customs duty applied by the Community. Subsidies may be granted solely on cheeses manufactured from milk produced entirely in Swiss territory. Appendix 1 Concessions granted by the Community Imports into the Community >TABLE POSITION> Appendix 2 Concessions granted by Switzerland (a) Imports into Switzerland >TABLE POSITION> (b) Exports from Switzerland The basic amounts referred to at point 2(d) of this Annex are fixed as follows. >TABLE POSITION> Appendix 3 List of names of "Italico" cheese which can be imported into Switzerland Bel Piano Lombardo Stella Alpina Cerriolo Italcolombo Tre Stelle Cacio Giocondo Il Lombardo Stella d'Oro Bel Mondo Bick Pastorella Cacio Reale Valsesia Casoni Lombardi Formaggio Margherita Formaggio Bel Paese Monte Bianco Metropoli L'Insuperabile Universal Fior d'Alpe Alpestre Primavera Italico Milcosa Caciotto Milcosa Italia Reale La Lombarda Codogno Il Novarese Mondo Piccolo Bel Paesino Primula Gioconda Alfiere Costino Montagnino Lombardo Lagoblu Imperiale Antica Torta Cascina S. Anna Torta Campagnola Martesana Caciotta Casalpiano Appendix 4 Cheese descriptions The cheeses listed below are eligible for conventional customs duty only if they comply with the description given below, have the stipulated typical characteristics and are imported under the corresponding name. >TABLE POSITION> ANNEX 4 ON PLANT HEALTH Article 1 Objective The objective of this Annex shall be to facilitate trade between the Parties in plants, plant products and other objects subject to plant-health measures, originating in their respective territories or imported from third countries and listed in Appendix I to be drawn up by the Committee in accordance with Article 11 of the Agreement. Article 2 Principles 1. The Parties note that they have similar legislation concerning protective measures against the introduction and propagation of harmful organisms by plants, plant products or other objects having equivalent results in terms of protection against the introduction and propagation of organisms harmful to plants or plant products listed in Appendix 1 as provided for in Article 1. The same is also true of plant-health measures taken in respect of plants, plant products and other objects introduced from third countries. 2. The legislation referred to in paragraph 1 shall be listed in Appendix 2 to be drawn up by the Committee in accordance with Article 11 of the Agreement. 3. The Parties mutually recognise the plant passports issued by the organisations listed in Appendix 3 to be drawn up by the Committee in accordance with Article 11 of the Agreement. Such passports shall attest conformity with their legislation as listed in Appendix 2 as provided for in paragraph 2 and shall be deemed to meet the documentary requirements laid down therein for the movement on the respective Parties' territories of plants, plant products and other objects listed in Appendix 1 as provided for in Article 1. 4. Plants, plant products and other objects as listed in Appendix 1 as provided for in Article 1 which are not subject to the plant passport arrangements applying to trade within the two Parties' territories may be traded between the two Parties without any plant passport, without prejudice, however, to other documents required under the Parties' respective laws, and in particular documents forming part of a system for tracing the origins of such plants, plant products and other objects to origin. Article 3 1. Plants, plant products and other objects not explicitly listed in Appendix 1 as provided for in Article 1 and not subject to plant-health measures in either Party may be traded between them without documentary, identity, or plant-health checks in connection with plant-health measures. 2. Where either Party intends to adopt a plant-health measure in respect of plants, plant products and other objects referred to in paragraph 1, it shall inform the other Party. 3. Pursuant to Article 10(2), the Working Group on Plant Health shall assess the consequences for this Annex of changes in accordance with paragraph 2 with a view to proposing any amendments to the relevant appendices. Article 4 Regional requirements 1. Each Party may lay down, by reference to similar criteria, specific requirements concerning movements of plants, plant products and other objects, regardless of their origin, within and to zones in its territory, where warranted by the plant-health situation in those zones. 2. Appendix 4, to be drawn up by the Committee in accordance with Article 11 of the Agreement, shall define the zones as referred to in paragraph 1 and the specific requirements relating thereto. Article 5 Checks on imports 1. Each Party shall carry out plant-health sampling checks at a rate not exceeding a certain percentage of consignments of plants, plant products and other objects listed in Appendix 1 as provided for in Article 1. That percentage, to be proposed by the Working Group on Plant Health and set by the Committee, shall be determined by plant, plant product or other object in accordance with the plant-health risk. On the date of entry into force of this Annex, that percentage shall be 10 %. 2. Pursuant to Article 10(2) of this Annex, the Committee, acting on a proposal by the Working Group on Plant Health, may decide to reduce the rate of checks provided for in paragraph 1. 3. Paragraphs 1 and 2 shall apply only to plant-health checks of trade in plants, plant products and other objects between the two Parties. 4. Paragraphs 1 and 2 shall apply subject to Article 11 of the Agreement and Articles 6 and 7 of this Annex. Article 6 Safeguard measures Safeguard measures shall be taken in accordance with the procedures provided for in Article 10(2) of the Agreement. Article 7 Derogations 1. If either Party intends to apply derogations with respect to part or all of the territory of the other Party, it shall inform the latter in advance, indicating its reasons. Without prejudice to the possibility of bringing the planned derogations into force immediately, consultations shall be held as soon as possible between the two Parties with a view to finding appropriate solutions. 2. If either Party applies derogations with respect to part of its territory or a third country, it shall inform the other Party in advance, indicating its reasons. Without prejudice to the possibility of bringing the planned derogations into force immediately, consultations shall be held as soon as possible between the two Parties with a view to finding appropriate solutions. Article 8 Joint checks 1. Each Party shall agree to joint checks being carried out at the request of the other Party to assess the plant-health situation and measures having equivalent results as provided for in Article 2. 2. "Joint checks" means a check conducted at the border to verify compliance with plant-health requirements of a consignment from either Party. 3. Such checks shall be carried out in accordance with the procedure adopted by the Committee on a proposal from the Working Group on Plant Health. Article 9 Exchange of information 1. Pursuant to Article 8 of the Agreement, the Parties shall exchange all relevant information on the implementation and application of their laws, regulations and administrative provisions covered by this Annex and the notifications referred to in Appendix 5. 2. With a view to ensuring equivalence in application of the detailed rules for applying the legislation covered by this Annex, each Party shall, at the request of the other, agree to visits of experts from the latter on its territory, to be arranged in cooperation with the official plant-health organisation responsible for the territory concerned. Article 10 Working Group on Plant Health 1. The Working Group on Plant Health, referred to as "the Working Group", set up under Article 6(7) of the Agreement, shall consider all matters which may arise in connection with this Annex and its implementation. 2. The Working Group shall periodically consider the state of the laws and regulations of the Parties in the fields covered by this Annex. It may in particular put forward proposals to the Committee with a view to adapting and updating the Appendices hereto. Appendix 5 Exchange of information The notifications referred to in Article 9(1) are the following: - notifications of interception of consignments and harmful organisms from third countries or from part of the territories of the Parties and presenting an imminent plant-health danger as provided for in Directive 94/3/EEC, - notifications as provided for in Article 15 of Directive 77/93/EEC. ANNEX 5 ON ANIMAL FEED Article 1 Purpose 1. The Parties hereby undertake to approximate their legislation on animal feed with a view to facilitating trade between them in such products. 2. The list of products and groups of products for which the legislative provisions of the Parties are considered by the latter as achieving the same effects and, where applicable, the list of legislative provisions of the Parties considered by the latter as achieving the same effects shall be as set out in Appendix 1, to be drawn up by the Committee in accordance with Article 11 of the Agreement. 3. The Parties shall abolish border checks on the products and groups of products listed in Appendix 1 as referred to in paragraph 2. Article 2 Definitions For the purposes of this Annex: (a) "product" means animal feed or any substance used therein; (b) "establishment" means any unit which produces or manufactures a product or which holds a product at an intermediate stage prior to its entry into free circulation, including the processing and packaging stages, or which puts the product on the market; (c) "competent authority" means the authority responsible in a Party for conducting official checks in the field of animal feed. Article 3 Exchange of information Under Article 8 of the Agreement, the Parties shall send each other: - details of the competent authority or authorities, their geographical jurisdiction and sphere of competence, - a list of laboratories entrusted with conducting analyses for the purposes of controls, - where applicable, a list of points of entry within their territory for the various types of products, - their programmes of controls to ensure that products comply with their legislation on animal feed. The programmes referred to in the fourth indent must take account of the situations peculiar to the Parties and must in particular stipulate the type of controls to be conducted regularly and the frequency thereof. Article 4 General provisions on controls The Parties shall take all steps necessary to ensure that products to be consigned to the other Party are checked as carefully as those to be put on the market within their own territory; they shall in particular ensure that inspections: - are performed regularly, where non-compliance is suspected, using means proportionate to the desired objective, and particularly in the light of the risks and of experience gained, - cover all stages of production and manufacture, the intermediate stages prior to marketing, marketing, including importation, and the use of products, - are conducted at the most suitable stage having regard to their purpose, - are conducted generally without advance warning, - also cover substances the use of which is prohibited in animal feed. Article 5 Checks at origin 1. The Parties shall ensure that the competent authorities conduct checks at establishments to ensure that they fulfil their obligations and that products to be put on the market comply with the legislative provisions listed in Appendix 1 as referred to in Article 1 and applicable in the territory of origin. 2. Where there are grounds for suspecting that those requirements are not complied with, the competent authority shall conduct further checks and, should suspicion be confirmed, shall take suitable measures. Article 6 Checks at destination 1. The competent authorities of the Party of destination may check the products at destination by means of non-discriminatory sampling checks to ensure they comply with the provisions covered by this Annex. 2. However, where the competent authority of the Party of destination is in possession of information indicating an infringement, checks may also be conducted during carriage of the products within its territory. 3. Where, during a check of a consignment at destination or during carriage, the competent authorities of the Party concerned note that the products do not comply with the provisions covered by this Annex, they shall take suitable steps and shall give notice to the consignor, the consignee or any other party concerned to: - bring the products into compliance within a time limit to be determined, or - decontaminate them where appropriate, or - treat them in any other suitable manner, or - use them for other purposes, or - send the products back to the Party of origin after notifying the latter's competent authority, or - destroy the products. Article 7 Checks of products from territories outside the Parties 1. Notwithstanding the first indent of Article 4, the Parties shall take all steps necessary to ensure that when products are introduced into their customs territory from territories other than those defined in Article 16 of the Agreement, the competent authorities conduct a documentary check of each batch and sampling identity checks in order to verify their: - nature, - origin, - geographical destination, with a view to determining the customs procedure applicable to them. 2. The Parties shall take all steps necessary to ensure the conformity of products by means of sampling physical checks before they are released for free circulation. Article 8 Cooperation in the event of infringements 1. The Parties shall assist each other in the manner and under the conditions laid down in this Annex. They shall ensure that the legislative provisions covering products used in animal feed are properly applied, in particular through mutual assistance and the detection and investigation of breaches of those provisions. 2. Assistance as provided for in this Article shall be without prejudice to the provisions governing criminal proceedings or judicial cooperation between the Parties in criminal matters. Article 9 Products subject to prior authorisation 1. The Parties shall endeavour to ensure that their lists of products covered by the legislative provisions listed in Appendix 2 are identical. 2. The Parties shall inform each other of applications submitted for the authorisation of products as referred to in paragraph 1. Article 10 Consultations and safeguard measures 1. Where either Party considers that the other has failed to fulfil an obligation under this Annex, the two Parties shall hold consultations. 2. The Party which requests the consultations shall provide the other with all information necessary for a detailed examination of the case in question. 3. Safeguard measures as provided for in any legislative provisions concerning the products and product groups and listed in Appendix 1 as provided for in Article 1 shall be taken in accordance with the procedures laid down in Article 10(2) of the Agreement. 4. If, following the consultations provided for in paragraph 1 and in the third indent of Article 10(2)(a) of the Agreement, the Parties fail to reach agreement, the Party which requested the consultations or took the measures referred to in paragraph 3 may take suitable interim protective measures to ensure this Annex is applied. Article 11 Working Group on Animal Feed 1. The Working Group on Animal Feed, hereinafter referred to as "the Working Group", set up under Article 6(7) of the Agreement shall consider any matter which may arise in connection with this Annex and its implementation. It shall also be responsible for the tasks provided for in this Annex. 2. The Working Group shall periodically consider the state of the domestic laws of the Parties in the fields covered by this Annex. It shall in particular put forward proposals to the Committee with a view to updating the Appendices hereto. Article 12 Confidentiality 1. Any information communicated in whatsoever form under this Annex shall be confidential. It shall be covered by the obligation to maintain professional secrecy and shall enjoy the protection extended to similar information under the relevant laws applicable in the Party which received it. 2. The principle of confidentiality referred to in paragraph 1 shall not apply to information as referred to in Article 3. 3. No Party whose legislation or administrative practice lays down stricter limits than those laid down in this Annex regarding the protection of industrial and commercial secrets shall be obliged to furnish information where the other Party does not take steps to comply with those stricter limits. 4. Information obtained may only be used by a Party otherwise than for the purposes of this Annex with the prior written consent of the administrative authority furnishing it and shall furthermore be subject to the restrictions laid down by that authority. Paragraph 1 shall not preclude the use of information in judicial or administrative proceedings instituted subsequently in respect of breaches of common criminal law, provided it was obtained through international judicial cooperation. 5. In their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, the Parties may use as evidence information obtained and documents consulted in accordance with this Article. Appendix 2 List of legislative provisions referred to in Article 9 Community provisions Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1), as last amended by Directive 98/19/EC (OJ L 96, 28.3.1998, p. 39) Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (OJ L 213, 21.7.1982, p. 8), as last amended by Directive 96/25/EC (OJ L 125, 23.5.1996, p. 35) Swiss provisions Ordonnance of the Conseil Fłdłral of 26 January 1994 on the producing and marketing of animal feedingstuffs, as last amended on 7 December 1998 (RO 1999 312) Ordonnance of the Dłpartement Fłdłral de l'Économie Publique of 1 March 1995 on the production and marketing of animal feedingstuffs, additives intended for animal nutrition and silage additives, as last amended on 10 January 1996 (RO 1996 208) ANNEX 6 ON SEEDS Article 1 Purpose 1. This Annex shall cover seeds of agricultural, vegetable, fruit and ornamental plant species and of vines. 2. For the purposes of this Annex, "seeds" means all propagating material and material intended for planting. Article 2 Recognition of the conformity of legislation 1. The Parties hereby recognise that the requirements laid down in the legislation listed in section 1 of Appendix 1 hereto have the same effects. 2. Seeds of the species defined in the legislation referred to in paragraph 1 may be traded between the two Parties and freely marketed in the territory of both Parties, without prejudice to Articles 5 and 6. The only document required as certification of compliance with the respective laws of the two Parties shall be the label or any other document required for marketing under the said laws. 3. The bodies responsible for conformity checks shall be as listed in Appendix 2. Article 3 Mutual recognition of certificates 1. Each Party shall recognise, as regards seeds of the species covered by the legislation listed in section 2 of Appendix 1, certificates as defined in paragraph 2 that have been drawn up in accordance with the legislation of the other by the bodies listed in Appendix 2. 2. For the purposes of paragraph 1, "certificate" means the documents required under the respective laws of the Parties applicable to imports of seeds as listed in section 2 of Appendix 1. Article 4 Approximation of laws 1. The Parties shall endeavour to approximate their laws on the marketing of seeds of the species covered by the legislation listed in section 2 of Appendix 1 and of species that are not covered by the legislation listed in sections 1 and 2 of Appendix 1. 2. Where either Party adopts new legislative provisions, both Parties undertake to assess the possibility of extending the scope of this Annex to include the new sector in accordance with the procedure laid down in Articles 11 and 12 of the Agreement. 3. Where either Party amends legislative provisions concerning a sector covered by this Annex, both Parties undertake to assess the consequences of such amendment in accordance with the procedure laid down in Articles 11 and 12 of the Agreement. Article 5 Varieties 1. Switzerland shall permit the marketing in its territory of seeds of the varieties listed in the common catalogue of the Community in the case of the species covered by the legislation listed in section 1 of Appendix 1. 2. The Community shall permit the marketing in its territory of seeds of the varieties listed in the Swiss national catalogue in the case of the species covered by the legislation listed in section 1 of Appendix 1. 3. Paragraphs 1 and 2 shall not apply to genetically modified varieties. 4. The Parties shall inform each other of applications and withdrawals of applications for acceptance and of the registration of new varieties in a national catalogue and any amendments thereto. They shall provide each other on request with a brief description of the chief characteristics relating to the use of each new variety and the characteristics by which a variety can be distinguished from other known varieties. Each Party shall keep files at the disposal of the other containing a description of each accepted variety and a clear summary of all the grounds on which such acceptance is based. In the case of genetically modified varieties, the Parties shall inform each other of the results of risk assessments for the release of such varieties into the environment. 5. The Parties may hold technical consultations with a view to assessing the data on which acceptance of a given variety is based in either Party. Where appropriate, the Working Group on Seeds shall be kept informed of the results of such consultations. 6. The Parties shall use existing computerised information exchange systems or such systems to be developed to facilitate the exchange of information as referred to in paragraph 4. Article 6 Derogations 1. Derogations authorised by the Community and by Switzerland as listed in Appendix 3 shall be allowed by Switzerland and the Community respectively in trade in seeds of the species covered by the legislation listed in section 1 of Appendix 1. 2. The Parties shall inform each other of any derogations on the marketing of seeds that they intend to implement in their territory or in part thereof. In the case of derogations of short duration or which must enter into force immediately, ex post notification shall suffice. 3. Notwithstanding Article 5(1), Switzerland may decide to prohibit the marketing in its territory of seeds of accepted varieties in the common catalogue of the Community. 4. Notwithstanding Article 5(2), the Community may decide to prohibit the marketing in its territory of seeds of accepted varieties in the Swiss national catalogue. 5. Paragraphs 3 and 4 shall apply in cases provided for in the legislation of both Parties listed in section 1 of Appendix 1. 6. Both Parties may have recourse to paragraphs 3 and 4: - within three years following the entry into force of this Annex, in the case of varieties listed in the common catalogue of the Community or in the Swiss national catalogue prior to the entry into force of this Annex, - within three years following the receipt of the information referred to in Article 5(4), in the case of varieties entered in the common catalogue of the Community or the Swiss national catalogue after the entry into force of this Annex. 7. Paragraph 6 shall apply by analogy to varieties of the species covered by provisions added, pursuant to Article 4, to the list in section 1 of Appendix 1 after the entry into force of this Annex. 8. The Parties may hold technical consultations with a view to assessing the implications for this Annex of derogations as referred to in paragraphs 1 to 4. 9. Paragraph 8 shall not apply where the Member States of the Community are responsible for deciding on derogations pursuant to the legislation listed in section 1 of Appendix 1. Paragraph 8 shall not apply to derogations adopted by Switzerland in similar cases. Article 7 Third countries 1. Without prejudice to Article 10, this Annex shall also apply to seeds marketed in both Parties and originating in a country other than a Member State of the Community or Switzerland and recognised by both Parties. 2. The list of third countries as referred to in paragraph 1, the species concerned and the scope of such recognition shall be as set out in Appendix 4. Article 8 Comparative trials 1. Comparative trials shall be held with a view to ex post checks of samples of seeds taken from batches marketed in the two Parties. Switzerland shall participate in the Community's comparative trials. 2. The Working Group on Seeds shall be assess the organisation of comparative trials in the Parties. Article 9 Working Group on Seeds 1. The Working Group on Seeds, referred to as the "Working Group", set up under Article 6(7) of the Agreement, shall consider any matter which may arise in connection with this Annex and its implementation. 2. The Working Group shall periodically consider the state of the laws and regulations of the Parties in the fields covered by this Annex. It shall in particular put forward proposals to the Committee with a view to the adaptation and updating of the Appendices hereto. Article 10 Agreements with other countries The Parties agree that agreements on mutual recognition concluded by either Party with any third country may under no circumstances give rise to any obligation on the other to accept reports, certificates, authorisations or marks issued by the conformity assessment bodies of such third countries, except where the Parties have agreed formally thereto. Appendix 1 Legislation Section 1 (recognition of the conformity of legislation) A. COMMUNITY PROVISIONS 1. Basic legislation - Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309/66), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10) - Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes (OJ 125, 11.7.1966, p. 2320/66), as last amended by Commission Decision 98/111/EC (OJ L 28, 4.2.1998, p. 42) - Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species (OJ L 225, 12.10.1970, p. 1), as last amended by the Act of Accession of 1994(1). 2. Implementing provisions(2) - Commission Directive 72/180/EEC of 14 April 1972 determining the characteristics and minimum conditions for examining agricultural varieties (OJ L 108, 8.5.1972, p. 8) - Commission Directive 74/268/EEC of 2 May 1974 laying down special conditions concerning the presence of Avena fatua in fodder plant and cereal seed (OJ L 141, 24.5.1974, p. 19), as last amended by Directive 78/511/EEC (OJ L 157, 15.6.1978, p. 34) - Commission Decision 80/755/EEC of 17 July 1980 authorising the indelible printing of prescribed information on packages of cereal seed (OJ L 207, 9.8.1980, p. 37), as last amended by Decision 81/109/EEC (OJ L 64, 11.3.1981, p. 13) - Commission Decision 81/675/EEC of 28 July 1981 establishing that particular sealing systems are "non-reusable systems" within the meaning of Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC (OJ L 246, 29.8.1981, p. 26), as last amended by Decision 86/563/EEC (OJ L 327, 22.11.1986, p. 50) - Commission Decision 86/110/EEC of 27 February 1986 on the conditions under which derogations from the prohibition on the use of EEC labels for the purpose of resealing and relabelling packages of seed produced in third countries (OJ L 93, 8.4.1986, p. 23) - Commission Directive 93/17/EEC of 30 March 1993 determining Community grades of basic seed potatoes, together with the conditions and designations applicable to such grades (OJ L 106, 30.4.1993, p. 7) - Commission Decision 94/650/EC of 9 September 1994 on the organisation of a temporary experiment on the marketing of seed in bulk to the final consumer (OJ L 252, 28.9.1994, p. 15), as last amended by Decision 98/174/EC (OJ L 63, 4.3.1998, p. 31) - Commission Decision 98/320/EC of 27 April 1998 on the organisation of a temporary experiment on seed sampling and seed testing pursuant to Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC (OJ L 140, 12.5.1998, p. 14). B. SWISS PROVISIONS(3) - Federal Law of 29 April 1998 on agriculture (RO 1998 3033) - Ordinance of 7 December 1998 on the production and entry into free circulation of plant propagating material (RO 1999 420) - DFE Ordinance of 7 December 1998 on seeds and seedlings of species of arable crops and fodder plants (RO 1999 781) - OFAG Ordinance on the catalogue of varieties of cereals, potatoes, fodder plants and hemp (RO 1999 429)(4). Section 2 (mutual recognition of certificates) A. COMMUNITY PROVISIONS 1. Basic legislation - Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (OJ 125, 11.7.1966, p. 2290/66), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10) - Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298/66), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10) - Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (OJ L 169, 10.7.1969, p. 3), as last amended by Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10). 2. Implementing provisions(5) - Commission Directive 75/502/EEC of 25 July 1975 limiting the marketing of seed of smooth-stalk meadowgrass (Poa pratensis L.) to seed which has been officially certified "basic seed" or "certified seed" (OJ L 228, 29.8.1975, p. 26) - Commission Decision 81/675/EEC of 28 July 1981 establishing that particular sealing systems are "non-reusable systems" within the meaning of Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC (OJ L 246, 29.8.1981, p. 26), as last amended by Decision 86/563/EEC (OJ L 327, 22.11.1986, p. 50) - Commission Directive 86/109/EEC of 27 February 1986 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as "basic seed" or "certified seed" (OJ L 93, 8.4.1986, p. 21), as last amended by Directive 91/376/EEC (OJ L 203, 26.7.1991, p. 108) - Commission Decision 86/110/EEC of 27 February 1986 on the conditions under which derogations from the prohibition on the use of EEC labels for the purpose of resealing and relabelling packages of seed produced in third countries (OJ L 93, 8.4.1996, p. 23) - Commission Decision 87/309/EEC of 2 June 1987 authorising the indelible printing of prescribed information on packages of seed of certain fodder plant species (OJ L 155, 16.6.1987, p. 26), as last amended by Decision 97/125/CE (OJ L 48, 19.2.1997, p. 35) - Commission Decision 92/195/EEC of 17 March 1992 on the organisation of a temporary experiment under Council Directive 66/401/EEC on the marketing of fodder plant seed with regard to increasing the maximum weight of a lot (OJ L 88, 3.4.1992, p. 59), as last amended by Decision 96/203/EC (OJ L 65, 15.3.1996, p. 41) - Commission Decision 94/650/EC of 9 September 1994 on the organisation of a temporary experiment on the marketing of seed in bulk to the final consumer (OJ L 252, 28.9.1994, p. 15), as last amended by Decision 98/174/EC (OJ L 63, 4.3.1998, p. 3) - Commission Decision 95/232/EC of 27 June 1995 on the organisation of a temporary experiment under Council Directive 69/208/EEC in order to establish conditions to be satisfied by the seed of hybrids and varietal associations of swede rape and turnip rape (OJ L 154, 5.7.1995, p. 22), as last amended by Decision 98/173/EC (OJ L 63, 4.3.1998, p. 30) - Commission Decision 96/202/EC of 4 March 1996 on the organisation of a temporary experiment with regard to the maximum content of inert matter in soya bean seed (OJ L 65, 15.3.1996, p. 39) - Commission Decision 97/125/EC of 24 January 1997 authorising the indelible printing of prescribed information on packages of seed of oil and fibre plants and amending Decision 87/309/EEC authorising the indelible printing of prescribed information on packages of certain fodder plant species (OJ L 48, 19.2.1997, p. 35) - Commission Decision 98/320/EC of 27 April 1998 on the organisation of a temporary experiment on seed sampling and seed testing pursuant to Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC (OJ L 140, 12.5.98, p. 14). B. SWISS PROVISIONS - Federal Law of 29 April 1998 on agriculture (RO 1998 3033) - Ordinance of 7 December 1998 on the production and entry into free circulation of plant propagating material (RO 1999 420) - DFE Ordinance of 7 December 1998 on seeds and seedlings of species of arable crops and fodder plants (RO 1999 781) - DFEP catalogue of seeds of 6 June 1974, as last amended on 7 December 1998 (RO 1999 408). C. CERTIFICATES REQUIRED FOR IMPORTS (a) By the European Community: documents as provided for in Council Decision 95/514/EC (OJ L 296, 9.12.1995, p. 34), as last amended by Decision 98/162/EC (OJ L 53, 24.2.1998, p. 21). (b) By Switzerland: official EC or OECD packaging labels issued by the bodies listed in Appendix 2 to this Annex and orange or green ISTA certificates or similar seed analysis certificates for each batch of seed. (1) Where applicable, only with regard to cereal seed or seed potatoes. (2) Where applicable, only with regard to cereal seed or seed potatoes. (3) Local varieties authorised for marketing in Switzerland are not covered. (4) Where applicable, only with regard to cereal seed or seed potatoes. (5) Where applicable, excluding cereal seed or seed potatoes. Appendix 2 Seed inspection and certification bodies A. European Communit …