Rs 0.916.443.959.81 Agreement Of November 11, 2010, Between The Swiss Confederation And The Kingdom Of Norway Relating To The Sanitary Measures Applicable To Trade In Live Animals, Sperm, Ova And Embryos Of Animals 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)

Read the untranslated law here: https://www.global-regulation.com/law/switzerland/2974436/rs-0.916.443.959.81-accord-du-11-novembre-2010-entre-la-confdration-suisse-et-le-royaume-de-norvge-relatif-aux-mesures-sanitaires-applicables-au-comme.html

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0.916.443.959.81 translation agreement between the Swiss Confederation and the Kingdom of Norway relating to the sanitary measures applicable to trade in live animals, sperm, ova and embryos of animals and animal products reached on November 11, 2010 approved by the Federal Assembly on 8 March 2011 entered into force by Exchange of notes on 1 may 2012 (State 1 may 2012) preamble the Swiss Confederation hereinafter referred to as 'Switzerland', etle Kingdom of Norway, hereinafter referred to as "Norway", hereinafter referred to as "the Parties", considering: that their sanitary measures are intended to achieve a comparable protection;
that annex 11 of the agreement of 21 June 1999 between the Swiss Confederation and the European Community on trade in agricultural products (hereinafter referred to as "Agreement Switzerland - CE") fixed the animal health measures, public health and animal science applicable to trade in live animals, sperm, ova and embryos of animals and animal products between the Switzerland and the European Union;
Annex 11 to the agreement Switzerland - EC sets the applicable legislation on the placing on the market of live animals, sperm, ova and embryos of animals and animal products, and that these laws produce identical effects or equivalent to those of the European Union legislation;
that annex I of the agreement on the European economic area (referred to below as the "EEA Agreement") defines the actions of animal health, public health and animal science applicable to trade in live animals, sperm, ova and embryos of animals and animal products between the Norway and the European Union;
They agreed that the EEA Agreement and the agreement Switzerland - EC will be used to address the health aspects and animal health of the two-way trade of live animals, sperm, ova and embryos of animals and animal products between the Switzerland and the Norway and facilitate trade;
the Switzerland and the Liechtenstein form a customs union within the meaning of the Treaty of 29 March 1923 between the Switzerland and the Principality of Liechtenstein concerning the Swiss meeting of the Principality of Liechtenstein to the customs territory (hereinafter 'Customs Treaty');
that an additional agreement was concluded on September 27, 2007 between the Swiss Confederation, the Principality of Liechtenstein and the European Union to expand to the Principality of Liechtenstein the agreement between the Swiss Confederation and the Community European trade of agricultural products;
Reaffirming their rights and their obligations under the Convention on the application of sanitary and phytosanitary measures (hereinafter referred to as "SPS Agreement") defined in annex 1A.4 the agreement of 15 April 1994 establishing the World Trade Organization (hereinafter referred to as "WTO Agreement");
wishing to facilitate the trade in live animals, sperm, ova and embryos of animals and animal products between the Switzerland and the Norway, protecting public health and animal health and thus meet the expectations of consumers for food safety.
resolved to prevent the risk of introduction and spread of animal diseases and to take measures in order to combat and eradicate these diseases, particularly to avoid harm to trade;
agreed to the following: RS 0.916.026.81 RS 0.631.112.514 RS 0.916.026.812 RS 0.632.20 art. 1 purpose this agreement is to facilitate trade in live animals, sperm, ova and embryos of animals and animal products between the Switzerland and the Norway by sealing the recognition of equivalence health measures applied by the Parties to protect the health of humans and the animal; There, in addition, designed 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, sperm, ova and embryos of animals and animal products between the Switzerland and the Norway.
2. the enforcement provisions of present Agreement agreed to by the Parties are laid down in the annexes.

Art. 3 multilateral commitments this agreement restrict in any way the rights and obligations of the Parties under the WTO agreement and its annexes, including the SPS agreement.

Art. 4 scope of application 1. The scope of this agreement is limited to the sanitary measures of the Parties applicable to the animals, their sperm, ova and embryos as well as animal products mentioned in the international agreements listed in annex 1.
2. the Parties may amend this agreement in the future to extend its scope to other sanitary measures affecting their trade.

Art. 5 definitions for the purposes of this agreement, means: has) animals, sperm, ova and embryos of animals and products animals: live animals, sperm, ova and animal embryos and products of animal origin are included in the scope of international agreements defined in annex 1.b) health measures: health measures defined in Annex A, point 1 of the SPS Agreement concerning the scope of the present Accord.c) appropriate level of sanitary protection (((: level of health protection defined in Annex A, point 5 of the agreement SPS.d) Region: areas, regions or compartments as they are defined in the Health Code of the international Office of Epizootics (OIE) .e) agreement Switzerland - EC: 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 of the agreement on the economic area European in the version referred to in annex 1.g) third States: any, excluding the Switzerland and the EEA Member States. (h) competent authorities: (i) for the Switzerland: authorities defined in annex 2; (ii) for the 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 can define criteria for the granting of a special to a region for a disease health status, if these criteria are consistent with the OIE standards and if the agreements Switzerland - EC and EEA do not otherwise.
2. If additional guarantees or free status of certain diseases or infections are granted to a party under the agreement Switzerland - IT or of the EEA Agreement, these warranties or this status must be recognized by the other party.

Art. 7 Equivalence 1. The recognition of equivalence requires recognition: a) legislation, standards, procedures and programs which allow to ensure and monitor compliance of national regulations and the regulations of the importing country; b) of the Organization, presented in writing, the authority or authorities competent (s), its (their) responsibilities of his (their) structure (hierarchical (s), its (their) procedure (s) and its (their) work resources; c) capacities of the competent authority to implement the program of controls and to document the level of health protection achieved.

When they are conducting this assessment, the Parties take into account the experiences so far here.
2. the principle of equivalence is applied to the health measures in the domains or subdomains following: animals, sperm, ova and embryos of animals, animal products, legislation, rules governing the supervision and control, legislation and specific requirements in the area of surveillance and hygiene.

Art. 8 finding of equivalence to see whether a sanitary measure of the exporting country matches the level of health protection in the importing country, the Parties proceed as follows: has) Definition of the health measure that must be recognized as equivalente.b) the importing country explains the purpose of the health measure and calls for this purpose a risk or risk assessment appropriate to the circumstances, that the sanitary measure is intended to prevent. It sets the level of health protection which seems to approprie.c) the exporting country proves that its sanitary measure corresponds to the level of health protection that the importing country judge approprie.d) the importing country decides if the health measure proposed by the exporting country corresponds to the level of health protection that seems approprie.e) the importing country recognizes the equivalence of the sanitary measure proposed by the exporting country if the latter proves objectively measure corresponds to the level of health protection judged appropriate by the importing country.

Art. Recognition of sanitary measures 1 9. The Parties agree, subject to the s.15, the health measures laid down in the agreement Switzerland - EC and the EEA agreement applicable to products covered by this agreement and the resulting trading conditions with the EU are equivalent. The Parties undertake to apply the same measures and commercial conditions in their trade; they take legislative and administrative measures necessary to allow the trade between them in the six months following the date of application of the convention referred to in art. 19 or at a date to be agreed.

2. about animals living, sperms, eggs and animal embryos and animal products which are not covered by the agreement Switzerland - CE or the EEA Agreement, the exporter must complete the health and certification requirements set by the importing country.

Art. 10 mutual assistance and visits a party may request the assistance of the other party and a right of access, which may include: has) an audit of the whole or part of the programs of control of the competent authorities and, if they are appropriate, assessments of surveillance and control programs; ETB) visits of the premises, for example schools and border inspection posts.

Each case must be dealt with in accordance with the arrangements laid down in art. 16 art. 11 trade between parts 1. The commercial conditions for trade between the Parties in live animals, sperm, ova and embryos of animals and animal products covered by the agreement Switzerland - CE or the EEA Agreement are the same as those applied by Member States of the European Union in their exchanges.
2. If necessary, the health certificates used in trade between Member States of the EU and downloadable of the TRACES system will be used also for trade between the Parties in live animals, sperm, ova and embryos of animals and animal products.

Art. 12 control of imports from third countries at the border inspection posts 1. Animals living, sperms, eggs and animal embryos and animal products from third countries and which have been imported on the territory of a parts and then through the territory of the other party must be submitted to the veterinary control upon their first entry in the territory of one of the Parties or at the destination if it is provided by the EU regulation. Animals living, sperm, ova and embryos of animals and animal products originating in Iceland will be checked by the vet at the border to the extent provided in the EEA Agreement. The veterinary border controls will be carried out in accordance with the legislation of the European Union set in the agreement Switzerland - EC and the EEA Agreement.
2. If the lots intended for import or transit do not meet the necessary conditions, the competent authorities take the measures required, provided for by the legislation of the European Union and reflected in the agreement Switzerland - EC and the EEA Agreement.
3. the Parties collect fees and amounts in their national and legislation used to cover the costs of official controls.
4. in accordance with the agreement Switzerland - EC and the EEA Agreement, Parties at the same time as the EU Member States take measures corresponding to those adopted by the Member States on: a) the certificates to use; b) third countries from which imports are permitted; c) establishments from which imports are permitted.

5. If difficulties arise, the Parties inform without delay the competent authorities. If no solution is found, the case is dealt with according to the procedure laid down in art. 16 art. 13 notification 1. In case of a serious and direct threat to human or animal health, the party concerned shall inform the liaison agency referred to in Schedule 2; She sends him a confirmation within 24 hours.
2. If a party has concerns based on the protection of the health of the human or animal, it will ask for consultations between the Parties as soon as possible but at the latest within 14 days. In this case, both Parties guarantee the transmission of all information necessary to avoid a disruption in trade, and find a solution that is acceptable to both Parties.

Art. 14 exchange of information and communication of results of research and scientific data 1. The Parties exchange similar and systematically useful information to the execution of this agreement, to provide guarantees, create mutual confidence and prove the effectiveness of control programs. These exchanges can be carried out also, as appropriate, in the form of exchanges between officials.
2. the exchange of information on changes to health measures and other relevant information includes: has) the ability to examine, prior to final adoption of legislative amendment or modification of the requirements which may affect this agreement. at the request of one of the Parties, the proposed changes can be processed according to the procedure laid down in art. (16; b) the transmission of information on recent events concerning the trade in live animals, sperm, ova and embryos of animals and animal products; c) information on the results of the evaluations and visits referred to in art. 10 3. The Parties shall transmit the scientific literature or data to support their views or their claims to the competent scientific bodies. These bodies evaluate these data without delay and submit the results of their assessment to the two Parties.
4. the liaison bodies of this exchange of information are listed in Appendix 2.

Art. 15 saving clause in the event of a serious threat to human and animal health, the Parties may take temporary measures of protection of human health and animal health, less than art. 13, and in particular his al. 2, otherwise. These measures must be communicated immediately to the other party. The Parties will discuss the situation upon request and as soon as possible. The Parties shall take account as appropriate information received during these consultations.

Art. 16 Joint Administrative Committee 1. There is established a joint Administrative Committee (hereinafter referred to as "the Committee") composed of representatives of the competent authorities within the meaning of art. 5, let. h. the Committee examines questions in connection with this agreement and its performance. Decisions of the parties.
2. the Committee meets once per year in agreement with the Parties or at the request of one of the Parties.
3. the Committee has rules of procedure at its first meeting.
4. the Committee is authorized to take decisions in the cases provided for in this agreement. The Parties implement the Committee's decisions respecting their internal legislative procedures.
5. the Committee checks at regular intervals the topicality of the annexes to this agreement.
6. the Committee shall consider any matter arising out of the commitments under this agreement, the agreement Switzerland - EC or EEA Agreement, if necessary in close cooperation with the Union European.
7. the Committee is authorized to establish technical working groups composed of experts from both sides and load them to identify and address technical and scientific issues raised under this agreement.
8. If additional technical knowledge are needed, the Committee may also establish technical or scientific working groups ad hoc that will not necessarily be composed only of representatives of the two Parties.

Art. 17 arbitration clause 1. Any dispute concerning the interpretation or application of this agreement should be resolved by diplomatic means, unless that art. 3 otherwise.
2. disputes concerning the interpretation and application of this agreement that could not be resolved through diplomatic channels within three months from the date of delivery of the diplomatic note by one of the Parties will be submitted to an arbitral Tribunal at the request of one of the Parties.
3. the arbitral Tribunal consists of 3 members appointed according to the optional of the Permanent Court of arbitration to the arbitration of disputes between two States, which entered into force on 20 October 1992, hereinafter referred to as 'optional rules '.
4. the proceedings before the arbitral Tribunal is set in the optional rules unless otherwise provided for in this agreement or agreed to by the Parties.
5. the award of the arbitral Tribunal is final and binding for both Parties.

Art. 18 territorial scope 1. The territorial scope of application of this agreement is: a) to the Norway: the Norwegian territory, excluding the territory of Spitsbergen and the island Jan Mayen; b) for the Switzerland: Swiss territory, including foreign customs enclave of Büsingen and Campione.

2. this Agreement shall apply also to the Principality of Liechtenstein. It is no longer applicable if the agreement Switzerland - CE or the Customs Treaty are repealed.

Art. 19 entry into force 1. The Parties approve this agreement according to their internal approval procedures and to notify the completion of their approval process.
2. the present agreement comes into force 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 are applied by the Parties in accordance with their internal procedures.

Art. 20 final provisions 1. Any party may request amendments to this agreement at any time. The Committee may decide on amendments to the annexes 1 and 2.

2. any party may denounce the present agreement in writing provided that notice given six months in advance. In this case, this agreement applies more to the date of expiry of the period of notice.
3 this agreement is drawn up in duplicate in the English, German and Norwegian. In case of disagreement, the English version is authoritative.
In faith what the signatories, duly authorized to that effect, have signed this agreement.
Done at Oslo, on November 11, 2010.

For the Swiss Confederation: Denis Feldmeyer for the Kingdom of Norway: Lars Peder Brekk list of annexes annex 1 international agreements that define the scope of the present Accord.Annexe 2 competent authorities and focal points Annex 1 international agreements that define the scope of the present agreement Switzerland annex 11 of the agreement of 21 June 1999 between the Swiss Confederation and the Community European relative to the agricultural trade amended last by the decision No. 1/2008 of the joint Veterinary Committee set up by the agreement between the European Community and the Swiss Confederation on trade in commodities, December 23, 2008, regarding the amendment of appendices 2, 3, 4, 5, 6 and 10 to annex 11 to the agreement.

Norway annex I of the agreement on the European economic area (OJ L 1 of the 3.1.1994, p. 220), lastly amended on October 1, 2010.

RS 0.916.026.81 RO 2009 4875 State on January 1, 2014 annex 2 competent authorities and focal points Switzerland the federal Veterinary Office and the federal Office of public health are responsible for the controls in the areas of the protection of the health and Veterinary Affairs. They split the responsibilities as follows:-the federal Veterinary Office is responsible for support and coordination of the monitoring of the implementation of standards and animal health requirements. Health certificates are established by the cantonal authorities on behalf of the veterinarian Office. federal - the federal Office of public health is responsible for support and coordination of the monitoring of the implementation of standards and health requirements. Health certificates are established by the cantonal authorities on behalf of the federal Office of health public. - the Office federal veterinarian (border veterinary Service) is responsible for the application of standards and requirements animal health, sanitary and related border at the time of importation.

The federal Veterinary Office acts on behalf of the federal Office of public health for the implementation of this agreement.

Norway the Norwegian food safety authority is responsible for controls in the areas of the protection of the health and Veterinary Affairs.

Focal points: Switzerland: Office vet Federalnorvege: Ministry of agriculture and food prices currently: federal Office of food safety and Veterinary Affairs (FSVO) (see RO 2013 3041).
Currently: Federal Office of food safety and Veterinary Affairs (FSVO) (see RO 2013 3041).

State on January 1, 2014