RS 0.916.443.959.81 Agreement of 11 November 2010 between the Swiss Confederation and the Kingdom of Norway on sanitary measures applicable to trade in live animals, semen, ova and animal embryos and animal products (with annexes)

Original Language Title: RS 0.916.443.959.81 Accord du 11 novembre 2010 entre la Confédération suisse et le Royaume de Norvège relatif aux mesures sanitaires applicables au commerce d’animaux vivants, de spermes, ovules et embryons animaux et de produits animaux (avec annexes)

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0.916.443.959.81

Translation 1

Agreement

Between the Swiss Confederation and the Kingdom of Norway on sanitary measures applicable to trade in live animals, semen, ova and animal embryos and animal products

Concluded on 11 November 2010

Approved by the Federal Assembly on 8 March 2011 2

Entered into force by exchange of notes on 1 May 2012

(State 1 Er May 2012)

Preamble

The Swiss Confederation,

Hereinafter referred to as "Switzerland",

And The Kingdom of Norway,

Hereinafter referred to as "Norway",

Hereinafter referred to as "the Parties",

Whereas:

That their health measures are intended to achieve comparable protection;

Annex 11 of the Agreement of 21 June 1999 between the Swiss Confederation and the European Community on trade in agricultural products 1 (hereinafter referred to as "the Suisse-CE Agreement") Sets animal health, public health and animal husbandry measures applicable to trade in live animals, semen, ova and animal embryos and animal products between Switzerland and the European Union;

That Annex 11 of the Suisse-CE Agreement defines the legislation applicable to the placing on the market of live animals, semen, ova and animal embryos and animal products, and that such legislation produces identical or equivalent effects to The legislation of the European Union;

Annex I to the Agreement on the European Economic Area (hereinafter referred to as the "EEA Agreement") defines animal health, public health and animal health measures applicable to trade in live animals, semen, ova and Animal embryos and animal products between Norway and the European Union;

They have agreed that the EEA Agreement and the Swiss-EC Agreement will be used to address the health and animal health aspects of bilateral trade in live animals, semen, ova and animal embryos and animal products between the Switzerland and Norway and thus facilitate trade;

Switzerland and Liechtenstein form a customs union within the meaning of the Treaty of 29 March 1923 between Switzerland and the Principality of Liechtenstein concerning the meeting of the Principality of Liechtenstein in the Swiss customs territory 2 (hereinafter referred to as the "Customs Treaty");

An additional agreement was concluded on 27 September 2007 between the Swiss Confederation, the Principality of Liechtenstein and the European Union with a view to extending the Agreement between the Swiss Confederation and the Community to the Principality of Liechtenstein European agricultural trade 3 ;

Reaffirming Their rights and obligations under the Convention on the Application of Sanitary and Phytosanitary Measures (hereinafter referred to as the "SPS Agreement") as defined in Annex 1A.4 of the Agreement of 15 April 1994 establishing the World Organisation Trade 4 (hereinafter referred to as "WTO Agreement");

Wanting To facilitate trade in live animals, semen, ova and animal embryos and animal products between Switzerland and Norway by protecting public health and animal health and thereby meeting consumers' expectations of Food safety;

Resolved To prevent the risk of introducing and propagating epizootic diseases and to take measures to combat and eradicate these outbreaks, in particular to prevent harm to trade;

Agreed to the following:


Art. 1 Purpose

This Agreement is intended to facilitate the exchange of live animals, semen, ova and animal embryos and animal products between Switzerland and Norway by sealing the recognition of the equivalence of sanitary measures applied by the Parties To protect human and animal health; it also aims to improve the communication of health measures and cooperation in the application of health measures.

Art. 2 General provisions

1. This Agreement shall apply to trade in live animals, semen, ova and animal embryos and animal products between Switzerland and Norway.

(2) The implementing provisions of this Agreement agreed by the Parties shall be laid down in the Annexes.

Art. 3 Multilateral commitments

This Agreement shall in no way restrict the rights and obligations of the Parties arising under the WTO Agreement and its Annexes, including the SPS Agreement.

Art. 4 Scope of application

1. The scope of this Agreement shall be limited to the sanitary measures of the Parties applicable to live animals, their semen, ova and embryos and to the animal products referred to in the international agreements listed in Annex 1.

2. The Parties may amend this Agreement in the future in order to extend its scope to other health measures affecting trade.

Art. 5 Definitions

For the purposes of this Agreement:

(a)
Live animals, sperm, ova and animal embryos, and pr O Animal duits: Live animals, semen, ova and animal embryos as well as products of animal origin which are included in the scope of the international agreements defined in Annex 1.
(b)
Health measures: Sanitary measures defined in Annex A, point 1 of the SPS Agreement concerning the scope of this Agreement.
(c)
Appropriate level of health protection: Level of health protection set out in Annex A, point 5 of the SPS Agreement.
(d)
Region: Zones, regions or compartments as defined in the Health Code of the Office International des Epizooties (OIE).
(e)
Suisse-CE Agreement: Annex 11 of the Agreement between the Swiss Confederation and the European Community on trade in agricultural products in the version published in Annex 1.
(f)
EEA Agreement: Annex I to the Agreement on European Economic Area in the version referred to in Annex 1.
(g)
Third States: Any State, excluding Switzerland and the EEA Member States.
(h)
Competent Authorities :
(i)
For Switzerland: authorities defined in Annex 2;
(ii)
For Norway: authorities defined in Annex 2.
Art. 6 Adaptation to regional conditions

1. The Joint Administrative Committee established on the basis of Art. 16 of this Agreement may define criteria for the granting of special health status to a region in respect of a disease, if these criteria are in conformity with OIE standards and if the Suisse-CE and EEA Agreements do not otherwise have them.

2. If additional guarantees or the disease-free status of certain diseases or infections are granted to a Party under the Suisse-CE Agreement or the EEA Agreement, such guarantees or status shall be recognised by the other Party.

Art. 7 Equivalence

1. Recognition of equivalency implies recognition:

(a)
Legislation, standards, procedures and programmes to ensure and monitor compliance with national regulations and regulations of the importing country;
(b)
The organisation, in writing, of the competent authority or authorities, of its responsibilities, of its hierarchical structure (s), of its working procedure (s) and of its resources;
(c)
The capacity of the competent authority to implement the programme of controls and to document the level of health protection achieved.

In carrying out this assessment, the Parties shall take into account the experiences made up to that point.

2. The principle of equivalence shall be applied to health measures in the following areas or sub-domains: live animals, semen, ova and animal embryos, animal products, legislation, rules governing supervision and control, Specific legislation and requirements in the field of monitoring and hygiene.

Art. 8 Determination of Equivalency

To determine whether a sanitary measure of the exporting country corresponds to the level of health protection of the importing country, the Parties shall proceed as follows:

(a)
Definition of the health measure which must be recognized as equivalent.
(b)
The importing country shall explain the purpose of the health measure and shall, to that end, provide an assessment of the risk or risks appropriate to the circumstances which the health measure is intended to prevent; it shall determine the level of health protection which it considers necessary Appropriate.
(c)
The exporting country proves that its sanitary measure corresponds to the level of health protection that the importing country deems appropriate.
(d)
The importing country decides whether the sanitary measure proposed by the exporting country corresponds to the level of health protection that it considers appropriate.
(e)
The importing country shall recognise the equivalence of the sanitary measure proposed by the exporting country if it proves objectively that its measure corresponds to the level of health protection deemed appropriate by the importing country.
Art. Recognition of health measures

1. The Parties acknowledge, subject to Article 15, that the sanitary measures laid down in the Suisse-CE Agreement and in the EEA Agreement applicable to the products covered by this Agreement and the resulting trade conditions with the EU are Equivalent. The Parties undertake to apply the same measures and trade conditions in their trade; they shall take the necessary legislative and administrative measures to enable trade between them within six months Following the date of application of this Agreement referred to in s. 19 or a date to be agreed.

2. In relation to live animals, semen, ova and animal embryos and animal products not covered by the Suisse-CE Agreement or the EEA Agreement, the exporting country shall meet the health and certification requirements laid down by the Importing country.

Art. 10 Reciprocal Assistance and Visits

A Party may request assistance from the other Party and a right of access, which may include:

(a)
An audit of all or part of the control programmes of the competent authorities and, if appropriate, evaluations of the monitoring and control programmes; and
(b)
Site visits, such as establishments and border inspection posts.

Each case must be dealt with in accordance with the procedure laid down in Art. 16.

Art. 11 Trade between the Parties

The trade conditions applicable to trade between the Parties of live animals, semen, ova and animal embryos and animal products covered by the Suisse-CE Agreement or the EEA Agreement are the same as those applied by the countries Members of the European Union in their exchanges.

2. If necessary, the health certificates used in trade between EU member countries and downloadable from the TRACES system will also be used for trade between the Parties of live animals, sperm, ova and Animal embryos and animal products.

Art. 12 Monitoring imports from third countries at border inspection posts

(1) Live animals, semen, ova and animal embryos and animal products originating in third countries which have been imported into the territory of one of the Parties and which pass through the territory of the other Party must be submitted Veterinary control at the time of their first entry into the territory of one of the Parties or at the place of destination if this is provided for by the EU regulations. Live animals, sperm, ova and animal embryos and animal products from Iceland will be controlled by the veterinarian at the border to the extent provided for in the EEA Agreement. The veterinary checks at borders shall be carried out in accordance with the European Union legislation laid down in the Suisse-CE Agreement and in the EEA Agreement.

2. If the consignments intended for import or transit do not meet the necessary conditions, the competent authorities shall take the necessary measures provided for in the legislation of the European Union and recorded in the Suisse-CE Agreement and The EEA Agreement.

The Parties shall insert the fees and amounts set out in their national legislation and shall be used to cover the costs of official controls.

4. In accordance with the Suisse-EC Agreement and the EEA Agreement, the Parties shall, at the same time as the Member States of the EU, adopt measures corresponding to those adopted by the Member States concerning:

(a)
Certificates to be used;
(b)
Third countries from which imports are allowed;
(c)
Establishments from which imports are permitted.

5. If difficulties arise, the Parties shall inform the competent authorities without delay. If no solution is found, the case shall be dealt with in accordance with the procedure laid down in Art. 16.

Art. 13 Notification

1. In the event of a serious and direct threat to human or animal health, the Party concerned shall inform the liaison body referred to in Annex 2 and shall provide it with written confirmation within 24 hours.

2. If a Party has concerns based on the protection of human or animal health, it will request consultations between the Parties as soon as possible but no later than 14 days. In this case, both Parties shall ensure the transmission of all necessary information in order to avoid a disruption of trade and to find a solution acceptable to both Parties.

Art. 14 Exchange of information and communication of research and scientific data

The Parties shall exchange, in a similar and systematic manner, information relevant to the implementation of this Agreement, to provide guarantees, to establish mutual trust and to prove the effectiveness of controlled programmes. Such exchanges may also be carried out, where appropriate, in the form of exchanges between officials.

2. The exchange of information on changes in health measures and other relevant information includes:

(a)
The possibility of considering, prior to their final adoption, the draft legislative amendments or amendments to the requirements which may affect this Agreement; at the request of one of the Parties, the proposed amendments May be dealt with in accordance with the procedure laid down in Art. 16;
(b)
Transmission of information on recent events concerning trade in live animals, semen, ova and animal embryos and animal products;
(c)
Information on the results of evaluations and visits referred to in s. 10.

3. The Parties shall ensure the transmission of scientific documentation or data in support of their opinion or claims to the relevant scientific bodies. These bodies shall evaluate the data without delay and submit the results of their evaluation to both Parties.

4. The liaison bodies responsible for this exchange of information are listed in Annex 2.

Art. 15 Backup clause

In the event of a serious threat to human and animal health, Parties may take temporary measures to protect human health and animal health, unless s. 13, and in particular his para. 2, does not have any other means. Such measures shall be communicated to the other Party without delay. The Parties will discuss the situation on request and as soon as possible. The Parties shall take appropriate account of the information received during these consultations.

Art. 16 Joint Administrative Committee

1. A Joint Administrative Committee (hereinafter referred to as "the Committee") shall be set up consisting of representatives of the competent authorities within the meaning of Art. 5, let. H. The Committee shall consider matters relating to this Agreement and its implementation. It shall take its decisions of agreement between the Parties.

The Committee shall meet once a year of agreement with the Parties or at the request of one of the Parties.

The Committee shall give itself an Rules of Procedure at its first meeting.

4. The Committee shall be authorized to make decisions in the cases provided for in this Agreement. The Parties shall implement the decisions of the Committee in accordance with their internal legislative procedures.

The Committee shall check at regular intervals the timeliness of the Annexes to this Agreement.

The Committee shall consider any matter arising from the commitments entered into under this Agreement, the Suisse-CE Agreement or the EEA Agreement, if necessary in close cooperation with the European Union.

The Committee shall be authorized to establish technical working groups composed of experts from both Parties and to entrust them with the task of identifying and examining the technical and scientific issues arising under this Agreement.

If additional technical knowledge is required, the Committee may also establish ad hoc technical or scientific working groups, which may not necessarily be composed solely of representatives of the two Parties.

Art. 17 Arbitration Clause

1. Any dispute concerning the interpretation or application of this Agreement shall be settled by diplomatic means, unless Art. 3 does not have any other means.

(2) Disputes concerning the interpretation and application of this Agreement which may not have been resolved through diplomatic channels within three months from the date of the submission of the diplomatic note by one of the Parties shall be submitted to Arbitral Tribunal at the request of one of the Parties.

3. The Arbitral Tribunal shall consist of 3 members appointed in accordance with the Optional Rules of the Permanent Court of Arbitration for the Arbitration of Disputes between two States, which entered into force on 20 October 1992, hereinafter referred to as "the Optional Regulation".

4. The procedure before the Arbitration Tribunal shall be governed by the Optional Rules unless otherwise provided for in this Agreement or agreed upon by the Parties.

5. The award of the Arbitral Tribunal shall be final and binding on both Parties.

Art. 18 Territorial scope of application

The territorial scope of this Agreement shall be:

(a)
For Norway: the Norwegian territory, excluding Spitsbergen and Jan Mayen Island;
(b)
Switzerland: the Swiss territory, including the foreign customs enclaves of Büsingen and Campione.

(2) This Agreement shall also apply to the Principality of Liechtenstein. It is no longer applicable if the Suisse-CE or the Customs Treaty are repealed.

Art. 19 Entry into force

The Parties shall approve this Agreement in accordance with their internal approval procedures and shall notify the completion of their approval procedure.

2. This Agreement shall enter into force on the first day of the second month following the date of the last notification of approval.

3. The commitments made on the basis of this Agreement shall be applied by both Parties in accordance with their internal procedures.

Art. Final provisions

1. Any Party may request amendments to this Agreement at any time. The Committee may decide on the amendments to Annexes 1 and 2.

(2) Any Party may denounce this Agreement in writing with a notice given six months in advance. In such case, this Agreement shall no longer apply as from the due date of the period of denunciation.

3. This Agreement shall be drawn up in duplicate in English, German and Norwegian. In case of disagreement, the English version is authentic.

In witness whereof , the signatories, duly authorized to that effect, have signed this Agreement.

Done at Oslo, 11 November 2010.

For the Swiss Confederation:

Denis Feldmeyer

For the Kingdom of Norway:

Lars Peder Brekk

List of annexes

Annex 1
International agreements defining the scope of this Agreement.
Annex 2
Competent authorities and liaison bodies

Annex 1

International agreements defining the scope of this Agreement

Switzerland

Annex 11 of the Agreement of 21 June 1999 between the Swiss Confederation and the European Community on trade in agricultural products 1 ,

Last amended by Decision No 1/2008 of the Joint Veterinary Committee established by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, of 23 December 2008, concerning the amendment of the Appendices 2, 3, 4, 5, 6 and 10 of Annex 11 to the Agreement 2 .

Norway

Annex I of the Agreement on the European Economic Area (OJ L 1, 3.1.1994, p. 220),

Last modified on 1 Er October 2010.



State 1 Er January 2014

Annex 2

Competent authorities and liaison bodies

Switzerland

The Federal Veterinary Office 1 And the Federal Office of Public Health 2 Are responsible for controls in the areas of health protection and veterinary affairs. They are divided into responsibilities as follows:

-
The Federal Veterinary Office is responsible for the support, coordination and monitoring of the implementation of animal health standards and requirements. Health certificates are established by the cantonal authorities on the mandate of the Federal Veterinary Office.
-
The Federal Office of Public Health is responsible for the support, coordination and monitoring of the implementation of health standards and requirements. Health certificates are established by the cantonal authorities on the mandate of the Federal Office of Public Health.
-
The Federal Veterinary Office (Border Veterinary Service) is responsible for the application of animal health, sanitary and boundary-related standards and requirements at the time of importation.

The Federal Veterinary Office shall act on behalf of the Federal Office of Public Health for the implementation of this Agreement.

Norway

The Norwegian authority responsible for food safety is responsible for controls in the areas of health protection and veterinary affairs.

Liaison bodies:

Switzerland:
Federal Veterinary Office
Norway:
Ministry of Agriculture and Food

1 Currently: Federal Office for Food Safety and Veterinary Affairs (FVO) (see RO 2013 3041 ).
2 Currently: Federal Office for Food Safety and Veterinary Affairs (FVO) (see RO 2013 3041 ).


State 1 Er January 2014