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RS 0.916.443.961.41 Agreement of 17 November 2010 between the Swiss Confederation and New Zealand on sanitary measures applicable to trade in live animals and animal products (with annexes)

Original Language Title: RS 0.916.443.961.41 Accord du 17 novembre 2010 entre la Confédération suisse et la Nouvelle-Zélande sur les mesures sanitaires applicables au commerce d’animaux vivants et de produits animaux (avec annexes)

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0.916.443.961.41

Translation 1

Agreement between the Swiss Confederation and New Zealand on sanitary measures applicable to trade in live animals and animal products

Concluded on 17 November 2010

Approved by the Federal Assembly on 8 March 2011 2

Entered into force by exchange of notes on 1 Er May 2012

(State 1 Er July 2015)

Preamble

The Swiss Confederation,

Hereinafter referred to as "Switzerland",

And New Zealand,

Hereinafter "the Parties",

Whereas:

Recognizing That their respective laws are intended to achieve comparable health protection and that they should be updated as changes are made, in order to deal with the health risks in their respective territories;

Whereas The Swiss Confederation and the European Community concluded an Agreement on trade in agricultural products on 21 June 1999 1 (hereinafter referred to as "the Suisse-CE Agreement") And New Zealand and the European Community signed an Agreement on sanitary measures applicable to trade in live animals and animal products in Brussels on 17 December 1996 (hereinafter referred to as the "New Zealand-EC Agreement");

Recognizing The common points of their procedures and the usefulness of applying health measures in their trade in live animals and animal products in the same way as in their dealings with the European Union;

Grateful, Furthermore, that Annex 11 of the Suisse-CE Agreement defines the sanitary and zootechnical 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-EC 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 effects identical to those of the European Union legislation;

That the Swiss Confederation, the Principality of Liechtenstein and the European Community concluded, on 27 September 2007, an additional agreement to extend the Suisse-CE Agreement to the Principality of Liechtenstein 2 ;

The New Zealand-EC Agreement defines health and animal health measures for the exchange of live animals, semen, ova and animal embryos and animal products between New Zealand and the European Union;

Suitable That the New Zealand-EC Agreement and the Suisse-CE Agreement be used to address trade-related health and animal health aspects and facilitate bilateral trade in live animals and animal products between Switzerland and the United Kingdom New Zealand;

Reaffirming Their rights and duties arising from 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 Trade Organisation 3 (hereinafter referred to as "WTO Agreement");

Wanting Facilitate trade in live animals and animal products between Switzerland and New Zealand by protecting public health and animal health and thus meeting consumers' expectations for food safety Food;

Resolved To deal with the risk of the introduction and spread of epizootic diseases and to take measures to control and eradicate these outbreaks, in particular to avoid trade disruptions;

Agreed to the following:


Art. 1 Purpose

The purpose of this Agreement is to facilitate trade in live animals and animal products between Switzerland and New Zealand by sealing the recognition of the equivalence of health measures applied by Parties to protect the health of In addition, it aims to improve the communication and cooperation of the Parties when taking health measures.

Art. 2 General Layout

1. This Agreement governs trade in live animals and animal products between Switzerland and New Zealand.

(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 duties of the Parties arising under the WTO Agreement and its Annexes, in particular those of the SPS Agreement.

Art. 4 Scope of application

This Agreement shall fix only the sanitary measures of the Parties applicable to trade in live animals and animal products, as defined in Annex 1.

2. The Parties agree that this Agreement may be amended in the future in order to extend its scope to other sanitary or phytosanitary measures that will be applicable to their trade.

Art. 5 Definitions

For the purposes of this Agreement:

(a)
Live animals and animal products : live animals and animal products listed in Annex 1.
(b)
Health measures : sanitary measures within the meaning of Annex A, point 1 of the SPS Agreement falling within 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 : Area or region as defined in the Health Code of the Office International des Epizooties (OIE).
(e)
Competent Veterinary Authorities :
(i)
For New Zealand: authorities defined in Annex II, Part A,
(ii)
For Switzerland: authorities defined in Annex II, Part B.
Art. 6 Adaptation to regional conditions

In their exchanges, the Parties may recognise that regions are free from epizootic diseases mentioned in Annex III. Recognition must be based on the criteria defined by the OIE.

(2) If a Party claims a particular status for an epizootic or a specified disease, it may request that the other Party recognize that status. The importing country may require the exporting country additional safeguards appropriate to the agreed status and applicable to imports of live animals and animal products. Guarantees for certain animal diseases are set out in Annex IV.

Art. 7 Equivalence

1. Recognition of equivalency involves assessment and recognition:

(a)
Legislation, standards, procedures and programmes to ensure and monitor compliance with national legislation and the legislation of the importing country;
(b)
The organisation, in writing, of the competent authority or health authority (s), its powers, its hierarchical structure (s), its way of working and its resources;
(c)
The capacity of the competent health authority to implement the monitoring programme 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, animal products, legislation, systems or sub-systems of surveillance and control, legislation and requirements Specific in the field of monitoring and hygiene.

Art. 8 Determination of Equivalency

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

(a)
They define what health measure should be recognized as equivalent.
(b)
The importing country explains the purpose of the health measure and presents an appropriate risk or risk assessment adapted to the circumstances that the health measure is intended to prevent; it establishes the level of health protection that it appears to be Appropriate.
(c)
The exporting country proves that its sanitary measure corresponds to the level of health protection deemed appropriate by the importing country.
(d)
The importing country decides whether the sanitary measure proposed by the exporting country corresponds to the level of health protection that seems appropriate.
(e)
The importing country shall recognise the sanitary measure of the exporting country as equivalent if the exporting country proves objectively that its measure corresponds to the level of health protection that appears appropriate.

2. In the fields for which equivalence has not been recognised, trade will fulfil the conditions laid down by the importing country in order to guarantee the level of protection which it considers appropriate in Annex IV. The exporting country may approve the conditions of the importing country without prejudice to the results of the procedure referred to in para. 1.

Art. Recognition of health measures

Annex IV contains the list of areas and sub-domains for which health measures are recognized as equivalent for trade purposes at the time of entry into force of this Agreement. The Parties shall take the necessary legislative and administrative measures to recognize equivalence and to permit trade on the basis of such equivalence within six months of the date of entry into force of this Agreement or A date to be agreed.

2. Annex IV also contains a list of the areas and sub-domains for which the Parties apply different sanitary measures and for which the assessment under Art. 7 is not yet complete. According to the procedure laid down in Art. 7 and 8, the measures referred to in Annex IV shall be taken in order to complete the assessment on the dates mentioned in the Annex, which are indicative only.

3. Any consignment of live animals or animal products intended for import for which equivalence is recognised shall, unless otherwise provided, be accompanied by an official health certificate in accordance with the model set out in Annex V. The Parties May lay down common principles or certification guidelines. These principles and guidelines should be included in Annex V.

Art. 10 Verification

To strengthen confidence in the implementation of this Agreement, both Parties shall have the right to submit the measures of the exporting country to verification and verification, which may include:

(a)
Verification of all or part of the control programmes implemented by the competent authorities, which may also include, if deemed appropriate, audits of the monitoring and control programmes;
(b)
On-the-spot checks; and
(c)
Border controls.

2. The procedures referred to in para. 1, let. A and b shall be applied in accordance with the provisions laid down in Annex VI.

Art. 11 Border Controls

1. The frequency of checks at the frontiers referred to in Art. 10, para. 1, let. C at the time of importation of live animals and animal products is defined in Annex VII. The Parties may modify the frequency of checks in the context of their jurisdictions on the basis of the progress made in Annex IV or in relation to other measures or consultations provided for in this Agreement.

2. The physical controls are performed according to the risk associated with the importation in question.

3. If the rules or conditions are not met, the importing country shall take the necessary measures on the basis of a risk assessment. It shall provide, to the extent possible, access to the consignment in question to the importer or his representative and the possibility of obtaining the relevant information which will enable the importing country to take a decision.

4. Control charges shall correspond to proportionate and actual costs for border control; they shall be collected in accordance with the provisions of Annex VII.

Art. 12 Notification

The Parties shall inform:

(a)
Within 24 hours, significant changes in the epizootic situation, including those to be notified to the OIE;
(b)
Any other measures which go beyond the main health measures for the control or eradication of epizootic diseases or the protection of public health, as well as any changes in the prevention policy, including vaccination policy.

2. The information referred to in para. 1 shall be transmitted to the liaison bodies lying in Annex II.

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

4. If a Party has concerns that human or animal health is threatened, 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 relevant information in order to avoid a disruption of trade and to find an acceptable solution for both Parties.

Art. 13 Exchange of information and communication of scientific research results and scientific data

The Parties shall carry out similar and systematic exchanges of information relevant to the implementation of this Agreement, for the purpose of providing guarantees, creating mutual trust and proving the effectiveness of controlled programmes. Such exchanges may be carried out, where appropriate, in the form of exchanges between officials.

2. The committee defined in s. 15 may issue directives setting out the nature, content and frequency of the exchange of information.

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

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

Art. 14 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. 12, and in particular his para. 4 does not have any other means. Such measures shall be communicated to the other Party without delay. The Parties will discuss the situation as soon as possible, upon request. The Parties shall take appropriate account of the information received during these consultations.

Art. 15 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. E. This Committee shall consider matters relating to this Agreement and its implementation. It shall take its decisions in agreement with the Parties.

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

3. The Committee shall give itself an internal regulation at its first meeting.

The Committee shall check at regular intervals the timeliness of the Annexes to this Agreement. Amendments to the Annexes shall be agreed upon and confirmed in writing by the Committee. They shall enter into force when the internal approval procedure of both Parties is completed and on the date fixed by the Committee.

The Committee shall be authorized to establish technical working groups composed of experts from both Parties and shall instruct them to identify and examine the technical and scientific issues which shall be submitted to the implementation of this Agreement.

6. If additional technical knowledge is required, the Committee may also establish technical or scientific working groups Ad hoc Which do not necessarily have to be composed solely of representatives of both Parties.

Art. 16 Territorial scope of application

The territorial scope of this Agreement shall be:

(a)
New Zealand: the territory of New Zealand, excluding the territory of Tokelau;
(b)
Switzerland: Swiss territory, including the foreign customs enclaves of Büsingen and Campione.

2. This Agreement shall also apply to the Principality of Liechtenstein in accordance with the Treaty of 29 March 1923 between Switzerland and the Principality of Liechtenstein concerning the meeting of the Principality of Liechtenstein to the Swiss customs territory 1 (hereinafter referred to as the "Customs Treaty"). It is no longer applicable if the Suisse-CE Agreement or the said Customs Treaty is repealed.


Art. 17 Consultations

At the written request of one of the Parties, the Parties shall, without delay, open consultations to find a speedy, appropriate and satisfactory solution for both Parties if the requesting Party considers:

(a)
That a commitment made under this Agreement has not been fulfilled, is not respected or is not respected; or
(b)
There is uncertainty in the interpretation or application of this Agreement.
Art. 18 Final provisions

(1) The Parties shall approve this Agreement in accordance with the rules of their internal approval procedures and shall notify the completion of such procedures.

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 entered into on the basis of this Agreement shall be applied by both Parties in accordance with the rules of their domestic legislative procedures.

4. The Parties may at any time propose amendments to this Agreement. Any amendment agreed upon by both Parties shall enter into force on the first day of the second month following the date of the written notification of the completion of the internal procedure for the approval of amendments. The methods of amendment shall be laid down in Art. 15, para. 4.

5. The Parties may denounce this Agreement in writing, subject to a notice given six months in advance. In this case, the Agreement shall no longer apply to the due date of the denunciation period.

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

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

Wellington, November 17, 2010

For the Swiss Confederation:

Marion Weichelt Krupski

For New Zealand:

Chris John Seed

List of annexes

Annex I
Live animals and animal products
Annex II
Competent health authorities and liaison bodies
Annex III
Diseases for which decisions to regionalize national territory are recognized
Annex IV
Recognition of health measures
Annex V
Certificates
Annex VI
Guidelines for control procedures
Annex VII
Border Controls

Annex I 1

Live animals and animal products

Live animals and animal products

As defined 2

1. Live Cattle and Cattle

Council Directive 64 /432/EEC of 26 June 1964 as last amended by Commission Decision 2009 /976/EU of 15 December 2009

2. Bovine semen

Council Directive 88 /407/EEC of 14 June 1988 as last amended by Council Directive 2008 /73/EC of 15 July 2008

3. Cattle bryos

Council Directive 89 /556/EEC of 25 September 1989 as last amended by Council Directive 2008 /73/EC of 15 July 2008

4. Live Equids

Council Directive 2009 /156/EC of 30 November 2009

5. Pork Semen

Council Directive 90 /429/EEC of 26 June 1990 as last amended by Regulation (EC) No O 176/2012 of 1 Er March 2012

6. Poultry and hatching eggs

Council Directive 2009 /158/EC of 30 November 2009 as last amended by the Commission Decision 2011 /879/EC of 21 December 2011

7. Live animals and aquaculture products

Council Directive 2006 /88/EC of 24 October 2006 as last amended by Commission Directive 2008 /53/EC of 30 April 2008

8. Live wines and goats

Council Directive 91 /68/EEC of 28 January 1991 as last amended by Council Directive 2008 /73/EC of 15 July 2008

9. Other live animals, sperm, ova and embryos of animal species not mentioned in paragraphs 1 to 8

Council Directive 92/65/EEC of 13 July 1992 as last amended by the Commission Decision 2012 /112/EU of 17 February 2014

10. Meat, fresh meat, minced meat, preparations and meat products

Regulation (EC) n O 853/2004 of the European Parliament and of the Council of 29 April 2004 as last amended by the Commission Regulation (EU) No 16/2012 of 11 January 2012

11. Fresh poultry meat

Regulation (EC) n O 853/2004 of the European Parliament and of the Council of 29 April 2004 as last amended by the Commission Regulation (EU) No 16/2012 of 11 January 2012

12. Meat of farmed game, wild game meat

Regulation (EC) n O 853/2004 of the European Parliament and of the Council of 29 April 2004 as last amended by the Commission Regulation (EU) No 16/2012 of 11 January 2012

13. Milk and milk products

Regulation (EC) n O 853/2004 of the European Parliament and of the Council of 29 April 2004 as last amended by the Commission Regulation (EU) No 16/2012 of 11 January 2012

14. Fishery Products

Regulation (EC) n O 853/2004 of the European Parliament and of the Council of 29 April 2004 as last amended by the Commission Regulation (EU) No 16/2012 of 11 January 2012

15. Live bivalve molluscs

Regulation (EC) n O 853/2004 of the European Parliament and of the Council of 29 April 2004 as last amended by the Commission Regulation (EU) No 16/2012 of 11 January 2012

16. Ovoproducts

Regulation (EC) n O 853/2004 of the European Parliament and of the Council of 29 April 2004 as last amended by the Commission Regulation (EU) No 16/2012 of 11 January 2012

17. Other animal products not mentioned in points 1 to 17

Regulation (EC) n O 853/2004 of the European Parliament and of the Council of 29 April 2004 as last amended by Commission Regulation (EU) No 16/2012 of 11 January 2012

Council Directive 92/118/EEC as last amended by Regulation (EC) No O 445/2004 of the Commission of 10 March 2004

18. Animal by-products

Regulation (EC) n O 1069/2009 as last amended by Directive 2010 /63/EU of Parliament and of the Council of 22 September 2010


1 New content according to Art. 1 of D n O 1/2015 of the Joint Administrative Committee of 26 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 2161 ).
2 According to the Suisse-CE Agreement (for Switzerland; RS 0.916.026.81 ) And in the New Zealand-EC Agreement (for New Zealand).


State 1 Er July 2015

Annex II 1

Competent health authorities and liaison bodies

Part A-New Zealand

Concerning exports to Switzerland, the Ministry for Primary Industries is responsible for certifying (official insurance) certifying that health and animal health standards and requirements are met:

-
Concerning exports to Switzerland, the Ministry for Primary Industries is responsible for certification (official insurance) certifying that health and animal health standards and requirements are met;
-
Concerning imports into New Zealand, the Ministry for Primary Industries is competent to establish sanitary (food safety) and animal health (animal health) standards and requirements.

Part B-Switzerland

The Federal Office for Food Safety and Veterinary Affairs is responsible for controls in the health and veterinary fields:

-
Certification for export is provided by the cantonal authorities on behalf of the Federal Office for Food Safety and Veterinary Affairs, which certify that health and animal health standards and requirements are met;
-
On imports, the Federal Office for Food Safety and Veterinary Affairs (Border Veterinary Service) is responsible for the application of animal health, health and related animal health standards and requirements.

Liaison bodies:

New Zealand-Counsellor (SPS) in Brussels, New Zealand Ministry of Foreign Affairs and Trade

Switzerland-Federal Office for Food Safety and Veterinary Affairs OSAV, Director of the International Affairs Sector


1 New content according to Art. 1 of D n O 1/2015 of the Joint Administrative Committee of 26 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 2161 ).


State 1 Er July 2015

Annex III 1

Diseases for which regionalization decisions are recognized

Legal basis 2

Sickness

Switzerland

New Zealand

Foot and mouth disease

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Pork vesicular disease

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Vesicular Stomatitis

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

African Equine Plague

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

African Swine Weigh

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Sheep catarrhal

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Highly Pathogenic Avian Influenza

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Newcastle disease

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Weigh of small ruminants

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Bovine Weigh

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Classical swine fever

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Bovine contagious pneumonia

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Clavellated

Rift Valley-Fieber

Lumpy-skin-Krankheit

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Infectious hematopoietic necrosis *

Viral hemorrhagic Sepsis *

Annex 11 of the Agreement Suisse-CE Agreement, Official Journal of the EC L 114 of 30.4.2002 as last amended by Decision n O 1/2013 of the Joint Veterinary Committee (2013/479/EU)

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006

Spring Viremia of the Carp

Epizooties Ordinance of 27 June 1995 RS 916.401

Council Decision 97 /132/EC of 17 December 1996 as last amended by Commission Decision 2006 /854/EC of 26 July 2006


1 New content according to Art. 1 of D n O 1/2015 of the Joint Administrative Committee of 26 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 2161 ).
2 Fixed in the Suisse-CE agreement (for Switzerland) and in the New Zealand-EC agreement (for New Zealand).


State 1 Er July 2015

Annex IV 1

Recognition of health measures


1 This appendix and its mod. Are not published to the OR ( RO 2015 2161 ). The text can be obtained at the Federal Office for Construction and Logistics, Publication Distribution, 3003 Berne (www.publicationsfederales.admin.ch).


State 1 Er July 2015

Annex V 1

Certificates

Official health certificates shall be established for trade in live animals and/or animal products between the two Parties, unless otherwise provided in Annex IV. Such certificates may also mention additional guarantees referred to in Annex IV, if such guarantees exist.

Except as otherwise provided in this Annex or in Annex IV to this Agreement, New Zealand shall establish its certificates in accordance with Commission Decision 2003 /56/EC. 2

Except as otherwise provided in this Annex or in Annex IV to this Agreement, Switzerland shall use the following certificate models for equivalent areas or areas of domain:

" The live animals and animal products described in this document respect the standards and requirements of Switzerland equivalent to the standards and requirements of New Zealand as set out in the Agreement between Confederation Switzerland and New Zealand on sanitary measures applicable to trade in live animals and animal products, in accordance with ... (Swiss legislation) ".

For the products listed in Annex IV recognised as not equivalent (or those falling within the scope of Commission Decision 2003 /56/EC, as last amended by Commission Decision 2006 /855/EC of 24 August 2006 amending the Decision 2003 /56/EC), the exporting country must comply with the certification rules and use the certificates of the importing country.

After the country of export has confirmed the outbreak of an outbreak referred to in section 29 B of Schedule IV pursuant to s. 12, the additional declarations referred to in point 29 B of Annex IV shall be recorded on the health certificates. These additional declarations shall remain in force until a decision defining the regionalisation of the country has been taken by the exporting country in accordance with Art. 6 or another convention between the Parties.

Exports from New Zealand:

Official health certificates are issued in English.

Exports from Switzerland:

Official health certificates are established in one of the official languages of Switzerland and in English.

Any consignment intended for export shall be accompanied by a veterinary certificate of origin, a veterinary document of origin or another document of origin if provided for in this Agreement, which refers to the agreed health information.

Electronic transmission of data:

(a)
The exchange of information contained in the original veterinary certificates, the original veterinary documents or other documents of origin may be carried out by written mail and/or by a secure electronic transmission method which provides An equivalent guarantee, including the use of digital signatures and non-repudiation mechanisms. If the exporting country chooses the digital official health certificates and/or digital veterinary documents, the importing country must have accepted that equivalent security guarantees are provided. The agreement of the importing country concerning the use of the only digital certificates may be entered either in one of the annexes or agreed in writing in accordance with Art. 15 (1) of this Agreement. The Parties shall take all necessary steps to ensure the completeness of the certification process in order to combat fraud and prevent the use of false or misleading certificates.
Electronic transmission systems for data that ensure equivalent security are:
-
New Zealand-E-cert
-
UE-TRACES
(b)
The official health certificate must be submitted to the border control post in the form of:
(i)
An original signed certificate;
(ii)
Either electronically using E-cert or TRACES and in accordance with the procedure described above under (a).

Controls:

The auditing authorities shall be responsible for verifying that the official certifying officials are aware of the sanitary conditions of the importing Party as set out in this Agreement and, if necessary, are required to attest to Their respect.


1 New content according to Art. 1 of D n O 1/2015 of the Joint Administrative Committee of 26 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 2161 ).
2 According to the Suisse-CE Agreement (for Switzerland) and in the New Zealand-EC agreement (for New Zealand)


State 1 Er July 2015

Annex VI

Guidelines for control procedures

For the purposes of this Annex, "audit" means the assessment of effectiveness.

1. General Principles

(a)
The audit shall be carried out jointly by the Party responsible for effecting the audit ("auditor") And the audited Party ("audited") In accordance with the procedure set out in this Annex. Facilities or facilities may be inspected if necessary.
(b)
The audit should be used to monitor the effectiveness of the supervisory authority rather than to reject batches of foodstuffs or establishments. In the event that the audit reveals a serious risk to human or animal health, the auditee shall promptly take the appropriate corrective measures, which may take the form of a review of the applicable law, an audit of the modalities Implementation, an evaluation of the final outcome, a review of the extent to which the legislation is complied with and a review of subsequent corrective actions.
(c)
The frequency of audits should depend on their effectiveness. A low level of efficiency requires an increase in the frequency of audits; an unsatisfactory performance should be corrected by auditee to the satisfaction of the auditor.
(d)
Audit and audit-based decisions shall be transcribed and consistent with this Agreement.

2. Auditor Principles

The audit team prepares a plan, preferably in accordance with accepted international standards, which defines the following:

(a)
Object, scope and protection of the audit;
(b)
The date and place of the audit, with a timetable of operations until the final report is drawn up;
(c)
The language (s) in which the audit will be conducted and the report written;
(d)
The identity of auditors and the audit executive if the audit is carried out by a group of auditors; specific professional qualifications may be required for the audit of special systems and programmes;
(e)
Calendar of meetings with relevant officials and site visits or facility visits; identification of facilities or facilities to be visited should not be reported in advance;
(f)
The auditor is required to keep the information secret during the course of the audit, subject to the provisions on freedom of information; conflicts of interest must be avoided;
(g)
Compliance with the rules of hygiene and safety in the workplace and the rights of the contractor.

The plan should be reviewed in advance with representatives of the audited department.

3. Audited Principles

The following principles shall apply to measures taken by the audited service in order to facilitate the audit:

(a)
The audited service is required to work closely with the auditor and designate those responsible for the audit. Cooperation shall cover the following points:
-
Access to all applicable regulations and standards,
-
Access to relevant programmes of application and records and documents,
-
Access to audit and inspection reports,
-
Documentation of corrective measures and sanctions,
-
Access to facilities.
(b)
The audited department is required to implement a documented program to demonstrate that the standards are met on a consistent and consistent basis.

4. Procedures

Opening session

An opening meeting will be organized by the representatives of the two Parties, during which the auditor controls the audit programme to ensure that the resources, documents and other means necessary to carry out the audit are Effectively available.

Review of documents

The document review may include the following: review of documents and records referred to in c. 3 let. A; an examination of the structures and powers of the audited service; a review of any amendment to the legislation on food control and certification, proposed after the entry into force of this Annex or after the Last audit. In this case, particular consideration must be given to the aspects of the legislation on food control and certification which have an impact on the animals and the animal products concerned. Such action may also include the examination of registers and control and certification documents.

On-Site Audit

(a)
The decision to carry out an on-the-spot audit should be taken on the basis of a risk assessment taking into account the following factors: the products concerned, compliance with the regulations by the industry or the country Exporter, production, import and export volumes, infrastructure changes, and the nature of the national inspection and certification systems.
(b)
In order to verify that the information contained in the documents complies with the requirements set out in the Document Review chapter, the on-the-spot verification may include the visit of the production, manufacturing and processing plants And storage of foodstuffs, as well as the visit of the offices carrying out the checks.

Follow-up Audit

In cases where a follow-up audit is carried out to verify the correction of defects, the auditor may restrict the scope of the audit and control only those aspects considered to be corrected.

5. Working documents

Reporting forms for audit results and conclusions should be standardised as much as possible in order to make the audit uniform, transparent and efficient. The working papers may include control forms indicating the following evaluation criteria:

-
Legislation,
-
Structure and operation of inspection and certification services,
-
Establishment characteristics and operating procedure,
-
Health statistics, sampling plans and results,
-
Application measures and procedures,
-
Notification and appeal procedures,
-
Training programs.

6. Closing session

The representatives of the two Parties shall hold a closing meeting, to which, where appropriate, officials responsible for the implementation of inspection and certification programmes may participate. During this session, the auditor presents the audit findings. This information should be worded as clearly and precisely as possible in order to avoid any misunderstanding. The auditee shall draw up an action plan, including a timetable, for correcting the deficiencies found.

7. Report

A draft audit report shall be forwarded as soon as possible to the audited service. The latter is requested to give a written opinion on the draft report within one month of its receipt; the remarks of the audited service are included in the final report.


State 1 Er July 2015

Annex VII 1

Border Controls

A. Control of shipments of animals and animal products

Types of border control 2

Frequency in (%)

1. Documentary controls and identity checks

Both Parties shall carry out documentary checks.

100

Identity checks are confirmatory checks left to be assessed 3 Health authorities. They enable the latter to ensure that the health certificates and documents or other documents required by the health legislation correspond to the products contained in the consignment 4 . In the case of sealed containers, such controls may also consist of verifying only that the seals are intact and that the container identification documents and the seal number correspond to the documents and certificates Health of the shipment.

2. Physical controls (including random or planned checks)

Live animals, excluding bees and bumblebees

100

Bees and small bumblebee colonies

100

Bee and bumblebee packages

50 5

Semen/ovules/embryos

10

Animal products intended for consumption referred to in Annex V to Decision 97 /132/EC

1

Animal products not intended for consumption mentioned in Annex V to Decision 97 /132/EC

1

Processed animal proteins not intended for consumption (en masse)

Up to 10 %

B. Control charges

The fees set out in points B I and B II of this Annex shall be applied to imports.

Unless otherwise provided, the charges shall be set to cover only the actual costs of the controls. They should not be higher than the charges levied for equivalent shipments from other third countries.

B. I Swiss Royalties

1 Live animals, sperm, ova and animal embryos:

The fees charged for control are set out in Annex V to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls carried out to ensure compliance with food law For animals and foodstuffs and with the provisions on animal health and animal welfare (OJ L 165, 30.4.2004, p. 1) (CE) 882/2004. 6

2 Animal Products:

Monitoring fees are collected according to Annex V to Regulation (EC) 882/2004 minus 22.5 % 7 On the other hand, for goods transiting through Switzerland to a non-EU country, control charges are levied according to Annex V of Regulation (EC) No 882/2004, without reduction.

B. II New Zealand Royalties

1 Live animals, sperm, ova and animal embryos:

Royalties shall be applied in accordance with New Zealand:

-
Biosecurity (Costs)

2 Animal Products:

2.1 Perceived Royalties for Documentary Controls and Identity Controls:

Individual Sending -maximum of 149.60 ( + TVA ) NZD by Shipment

Multiple Containers Compound -maximum of 149.60 ( + TVA ) NZD for first container and maximum 75 (+ TVA) NZD/Container for Additional Containers

Bulk goods consisting of mass retail goods -maximum of 149.60 (+ TVA) NZD/hr

2.2 Perceived Royalties for Document Control, Identity Control and Physical Control:

Individual Sending -fees applied in accordance with New Zealand:

New Zealand Inspection (Animal Health)

-
Biosecurity (Costs) Regulations.

New Zealand Inspection (Public Health)

-
Fees and Expenses Regulation.

3 Adapted from New Zealand levies to higher prices:

New Zealand charges levied on imports may be adjusted annually to the increase according to the following formula:

New maximum charge = inspection fee according to Annex VII x (1 + average rate of increase/100 *) (current year-2009)

* calculated on a current basis for New Zealand and published by the Reserve Bank of New Zealand


1 New content according to Art. 1 of D n O 1/2015 of the Joint Administrative Committee of 26 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 2161 ).
2 The health authority may delegate these activities, including physical inspections, to a competent person or agency, in accordance with the provisions of the legislation of the importing country.
3 In accordance with the legislation of the importing country.
4 For the purposes of this Agreement, "consignment" means a quantity of products of the same nature covered by the same veterinary certificate or veterinary document or by other documents provided for in the veterinary law, carried in the same vehicle of Transport and originating from the same third country or region of a third country. The same transport vehicle means the vehicle used for transport (e.g. boat, plane).
5 If the shipment of packaged bees consists of less than 130 packets, 50 % of the shipment is subject to control. If the shipment contains more than 130 packages, 65 packages of the batch chosen at random will be monitored.
6 Fixed in the Suisse-CE agreement (for Switzerland) and in the New Zealand-EC agreement (for New Zealand).
7 Based on the assumption that the proportion of physical checks on imports from New Zealand does not exceed 10 % of the physical checks usually applied to other third countries and that the costs of these controls account for 25 % of the Total costs.


State 1 Er July 2015