Key Benefits:
November 18, 2015 (State 1 Er January 2016)
The Swiss Federal Council,
Having regard to art. 6, para. 3, 7, para. 1, 9, 14, para. 1, 15 A , para. 2, and 32, para. 1, of the Act of 16 December 2005 on the protection of animals 1 , given art. 32, para. 1, and 37 of the Food Act of 9 October 1992 (LDAl) 2 , given art. 24, para. 1, 25, para. 1, 53 A , para. 2, and 56, para. 1, of the Act of 1 Er July 1966 on epizootic diseases (LFE) 3 , pursuant to Annex 11 of the Agreement of 21 June 1999 between the Swiss Confederation and the European Community on trade in agricultural products (Agricultural Agreement) 4 ,
Stops:
1 This order shall apply:
2 It applies to the import, transit and export of pet animals, provided that the order of 28 November 2014 concerning the import, transit and export of pet animals 1 Is not applicable.
3 It does not apply to the transit of foodstuffs of animal origin which are intended for supply on board an aircraft in international traffic and which are kept on board the same aircraft for another flight.
1 RS 916.443.14
1 The potential vectors of epizootic diseases other than animals and animal products, straw and hay, for example, are subject to the provisions governing animal products, provided that harmonised import and transit provisions The European Union (EU) applies to these vectors (Art. 5, para. 1 and 2, and 38, para. 2).
2 The Federal Office for Food Safety and Veterinary Affairs (FVO) may, on a case by case basis, submit other potential vectors of epizootic diseases to the provisions of this order.
1 Unless otherwise provided in this order, the Ordinance of 27 June 1995 on Epizooties (OFE) 1 And the Ordinance of 23 November 2005 on foodstuffs and common objects (ODAlOUs) 2 Are applicable.
2 The following legislative acts are reserved, in particular:
In this order, the following means:
1 Regulation (EC) n O 282/2004 of the Commission of 18 February 2004 on the establishment of a document for the declaration and veterinary control of animals from third countries and introduced into the Community, OJ L 49, 19.2.2004, p. 11; last amended by Regulation (EC) No O 585/2004, OJ L 91, 30.3.2004, p. 17.
2 Regulation (EC) n O 136/2004 of the Commission of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on imports of products from third countries, OJ L 21, 28.1.2004, p. 11; last amended by the Implementing Regulation (EU) n O 494/2014, OJ L 139, 14.5.2014, p. 11.
3 Commission Decision 2004 /292/EC of 30 March 2004 on the implementation of the TRACES system and amending Decision 92 /486/EEC, OJ L 94, 31.3.2004, p. 63; last amended by Decision 2005 /515/EC, OJ L 187, 19.7.2005, p. 29.
4 RS 783.0
5 RS 631.0
1 The import of animals and animal products is subject to the EU harmonised import conditions, in particular as regards:
2 The Federal Department of the Interior (DFI) is the main legislative instrument of the EU.
3 It also lays down, for the animals and the animal products referred to below, the health guarantees which must be provided in addition to the health certificates required by the EU harmonised import conditions, and determines which Conditions these health guarantees are accepted:
4 For animals or animal products which are not subject to harmonised EU import conditions, the FVO may lay down import conditions under the control of animal diseases, animal welfare and hygiene Or issue a decision on a case-by-case basis. In order to do so, it may carry out a risk analysis in the State of origin.
5 In the case of a high risk to the police of epizootic diseases or food hygiene, it may set additional conditions or prohibit imports.
6 The protective measures enacted by the FSO under s. 24, para. 3, let. A, LFE in order to prevent the spread of an epizootic remains reserved.
Animals for which quarantine is prescribed after importation may be imported only if the competent cantonal veterinarian has pre-approved the quarantine station.
1 The following animal products may be imported only if their place of destination is for the benefit of a specific cantonal authorisation:
2 Special expenses referred to in s. 29, para. 1, and 75 are applicable.
3 DFI refers to the products referred to in par. 1, let. A.
1 Beef referred to in tariff item No. 0201.2091, 0202.2091, 0201.3091 and 0202.3091 and from States not prohibiting the use of hormone-treated substances as performance enhancers may be imported on the Swiss customs territory without a health certificate approved by the EU under the following conditions:
2 The importer of the beef referred to in par. 1 and all downstream purchasers must provide the Federal Customs Administration (AFD) with a commitment to the employment of the meat guaranteeing:
3 The procedure referred to in para. 2 and the controls shall be governed by analogy to the provisions laid down on the basis of the LD 1 And the order of 1 Er November 2006 Customs 2 .
4 The notwithstanding conditions do not apply to beef preparations and products.
1 The potential use of hormone-treated substances as performance enhancers in the production of beef subject to s. 9 must be declared at the time of importation on the outer packaging in accordance with s. 3, para. 1, of the Agricultural Order of November 26, 2003 (OAgrD) 1 .
2 The declaration must be in an official language or in English. The form of the declaration must respect the art. 5 OAgrD.
1 Animal products which are rejected by a third country after their export may be re-imported only if accompanied by an original certificate drawn up by the authority which sent them back or its certified copy stating the reasons for the exportation. Refoulement attesting to:
2 If the animal products are in sealed containers and the seal is intact, the confirmation according to para. 1, let. C, is not required.
3 Imported animal products may be transported only to the source establishment mentioned on the export certificate.
1 The FVO may authorise the importation of animal products which do not meet the EU harmonised import conditions if they are intended to be used:
2 Animal products may not be used for any other purpose other than that mentioned in the authorisation. It is forbidden to use them for human consumption.
3 At the end of the intended use, the animal products must be re-exported to their country of origin or disposed of in accordance with the provisions of the order of 25 May 2011 concerning the disposal of animal by-products (OESPA) 1 .
1 RS 916.441.22
1 The DFI lays down the conditions for the importation of animal diseases into animal products which are carried in passenger and intended for personal use.
2 The FVO ensures the information of travellers.
Art. 13, para. 1, apply by analogy to letters and packages of foodstuffs of animal origin or containing a share of foodstuffs of animal origin sent from a third country to individuals domiciled in the territory of importation for their Personal use.
1 The DFI determines under which headings of the Customs Tariff a veterinary border control of lots is mandatory for importation.
2 Not subject to veterinary border control:
1 Lots that are subject to import frontier veterinary control (consignments subject to veterinary border control) may be imported only by air and only through the border inspection posts approved for the consignments. Animals or animal products concerned.
2 Annex 11 of the Fixed Agricultural Agreement:
1 Any person who wishes to appear as a place of destination, importer or person subject to the obligation to declare when importing consignments subject to veterinary border control must be registered in TRACES beforehand.
2 Natural or legal persons who wish to register as destination institutions must send their application for registration to the competent cantonal authority. In TRACES, they are awarded both the "destination establishment" and the "importer" quality.
3 Natural or legal persons who wish to be registered as importers or as persons subject to the obligation to report must submit their application for registration to the FVO. They are assigned the quality of "importer" or "person subject to the obligation to report" in TRACES respectively.
4 Address changes must be immediately communicated to the competent authorities.
5 Anyone wishing to access TRACES must prove that they have taken the training provided by the FVO.
6 When importing a consignment subject to the veterinary border control, the importer, the person subject to the obligation to declare and the establishment of destination must be registered in TRACES in their respective capacity.
7 The importer and the person subject to the obligation to declare have access to the data concerning the consignments they have sent or sent and can process the data they have entered concerning a lot up to the control of the lot.
1 Batches subject to veterinary border control must be notified in advance to the Border Veterinary Service.
2 To this end, Part 1 of the KVD must be completed in TRACES, signed and transmitted to the relevant border inspection post.
3 The responsibility for prior notification rests with the importer. The latter may delegate this task to a person subject to the obligation to report.
4 The prior notification must be made at the latest:
5 The letters and parcels subject to veterinary border control sent by the Swiss or Liechtenstein postal services must not be subject to prior notification.
For the following consignments of animals and animal products, the prior notification by the importer to the cantonal veterinarian must be issued no later than ten days before the import:
1 On importation, the outer packaging of the animal products must be labelled according to the provisions of the EU.
2 The DFI is the defining legislative acts of the EU.
1 Health certificates must cover the whole lot each time. The original document must be attached to the lot.
2 Health certificates must be signed by the competent authority. In so far as this is intended, it may also be signed by an undertaking authorised to establish it.
3 The DFI sets out the formal requirements for health certificates.
1 The means of transport, installations, equipment and apparatus used for the international transport of animals and animal products must be kept clean and, if necessary, disinfected.
2 As soon as the transport is complete, the straw and the like agricultural products that have served as packaging material, as well as the bedding and hay used in the animal transport vehicles and in the aeroplanes must be transported without any Time to a waste incineration plant authorized by the Township to be burned.
1 During the transport of animal products, the temperature range indicated on the health certificate shall be respected throughout the transport period.
2 The temperature inside the vehicles and the warehouses must correspond to the temperature range indicated.
3 In aeroplanes, technical measures must be taken to ensure that the lot is maintained at the defined temperature range and that the cold chain will not be interrupted.
4 Lots that must be transported at room temperature according to the sanitary certificate may also be stored or transported under refrigeration.
1 The person subject to the obligation to report must submit the consignments subject to the veterinary border control to the Frontier Veterinary Service in accordance with the instructions of the Border Veterinary Service.
2 After the aircraft has landed, it must immediately:
3 Border veterinary checks are carried out only during the opening hours of the border inspection post. If control cannot be carried out on the day of the aircraft's landing, the lot remains at the airport.
4 For letters and parcels subject to veterinary border control which are sent by the Swiss or Liechtenstein postal services, the FVO may, if justified, authorise a procedure derogating from para. 2, provided that it is possible to ensure that the risk of introducing an outbreak is not increased.
1 If a lot of animal products released by the Border Veterinary Service remains in the custody of the customs office, the person subject to the obligation to report must:
2 If the customs taxation is staggered over time, the person subject to the obligation to report must attach to each part of the lot a certified copy of the KVD and take note, for each part of the lot, of the date of taxation Customs, as well as quantity or weight verified.
3 Certified true copies of the KVD must be requested from the Border Veterinary Service.
1 Batches subject to veterinary border control may be stored in open customs warehouses or customs free deposits located on the territory of importation only if they have been controlled in full and released by the Border Veterinary Service.
2 At the time of storage, the DVCE fully completed by the relevant border inspection post must be submitted to the competent customs office as proof that the veterinary control has been carried out.
3 The stored lots may be released for free customs at a later date without having to be controlled again by the Border Veterinary Service.
1 After they have been released for free circulation, animal products must be transported directly to the destination establishment.
2 After their entry into free customs, the animals shall be transported directly and without transhipment to the destination establishment or, if the conditions of importation so provide, to the quarantine station.
3 When transporting animals for onglons, galliforms, coals and struthioniformes, it is forbidden to charge any other animals in the means of transport.
1 The following documents must accompany the lot to the destination establishment:
2 The breeding animals of bovine, porcine, ovine, caprine and equine species must also be accompanied by a certificate of descent in accordance with art. 27 and 28 of the Ordinance of 31 October 2012 on Livestock 1 .
3 The establishment of a destination shall keep the documents referred to in para. 1 for at least three years after the arrival of the lot.
1 The establishment of a destination shall notify the competent cantonal authority of the arrival of animal products with special loads referred to in Art. 8 within three working days of the release of the lot by the border inspection post. If the destination institution is not required to announce the arrival of the lot, the cantonal authority may withdraw its authorisation.
2 The destination establishment must notify the cantonal veterinarian within 24 hours of the arrival of the following animals and animal products:
1 For beef subject to s. 9, the declaration under s. 3 and 5 OAgrD 1 Must be placed in an official language on each first envelope that is in contact with the meat at the latest when the consignments arrive at the destination establishment.
2 On each transfer of the said beef, the reserve of employment referred to in s. 9, para. 2, let. B, shall be recorded in the sales and delivery documents. The DFI sets out the formal requirements to be met by the employment reserve.
3 The parts and cutting falls resulting from the cutting or trimming of that beef may be transferred directly to the consumer only by retail establishments. A statement in accordance with para. 1 shall be affixed to them.
4 Beef meat may only be processed into meat preparations or meat products if those preparations or products are sold directly to the consumer by retail companies. A statement in accordance with para. 1 shall be affixed to them.
5 Parts and falls of the said beef which are not used in accordance with paras. 3 and 4 of this Article shall be disposed of as Category 3 substances within the meaning of the OESPA 2 .
1 RS 916.51
2 RS 916.441.22
Beef cattle can only be transported to a large establishment within the meaning of s. 3, let. K, of the order of 23 November 2005 concerning the slaughter of animals and the control of meat (OAbCV) 1 .
Non-stripped and non-feathered game birds can only be transported in a slaughterhouse within the meaning of the CVMA 1 . Their further processing must be monitored in accordance with the provisions of the food law:
1 The importer is responsible for compliance with the animal disease and food hygiene requirements, the compliance of the lot to the legal provisions and the completeness of the accompanying documents.
2 Where a consignment is subject to veterinary border control, in particular when it is imported via a Member State of the EU, Iceland or Norway without having undergone a full veterinary border control, the importer must inform the person Subject to the obligation to declare that the lot is to be submitted to the Border Veterinary Service for control.
3 In the case of importation of animal products, the importer must indicate to the person subject to the obligation to declare the temperatures to which the products are to be stored (art. 23).
4 It shall make available to the handling agent the information and documents required within the time limit set. It may also instruct a freight forwarder to make available to the handling agent the information and documents required within the time limit.
5 Where a consignment subject to veterinary border control is sent by letter or package, it shall ensure that the consignment is labelled in such a way as to be identified by the freight forwarder as to be subject to veterinary border control, except where Freight forwarder uses the services of a handling agent.
In addition to its obligations under this order, the person subject to the obligation to report must:
1 Handling agents are treated as persons subject to the obligation to report.
2 When consignments are subject to veterinary border control, they must submit to the Border Veterinary Service the information and accompanying documents required within the time limit set.
3 They shall forward to the Frontier Veterinary Service, upon request, cargo manifests of aircraft, air waybills and supplementary documents.
4 When animals and animal products arrive at the airport outside the opening hours of the border inspection post, they must transport them to the premises of the Border Veterinary Service provided for that purpose.
5 They must ensure that animals receive the required care as long as they remain at the airport.
1 Effective 1 Er Jul. 2016.
1 The operator of the airport shall communicate to the FSO the name and contact information of the handling agents authorized by the operator. Any changes must be announced without delay to the FVO.
2 It shall inform the handling agents of their obligations under s. 35.
It is the responsibility of the airline to take into account the hours of operation of the border inspection post during which the veterinary border control is possible.
1 The EU harmonised import conditions apply to animals and animal products in transit to EU Member States, Iceland and Norway. The national requirements of the country of destination apply to animals and animal products not governed by harmonised EU import conditions, provided that these requirements have been communicated to Switzerland.
2 The EU harmonised transit conditions apply to consignments in transit to a third country via a Member State of the EU, Iceland or Norway. The DFI is the defining legislative acts of the EU.
3 In the case of direct air transit from a third country to another third country, the conditions of the country of destination shall apply.
4 The transit of animals and animal products from third countries from which imports are prohibited for animal health reasons is not allowed.
The following provisions relating to importation shall apply mutatis mutandis to transit:
1 In transit, the responsibility for notifying the Border Veterinary Service in advance of consignments subject to veterinary border control is the responsibility of the person subject to the obligation to declare.
2 In the case of direct air transit from a third country to another third country, the KVD must not be completed. The FVO defines the terms of prior notification in these cases.
3 If it is intended to tranship a consignment in transit of one aeroplane in another, the advance notification shall also indicate the planned transfer time.
1 Animals and animal products which do not leave the aeroplane and animal products which are transshipped from one aeroplane to another without leaving the official location within 12 hours shall not be presented to the Veterinary Service Border for control.
2 If the transfer of animal products is made more than twelve hours after the landing of the aeroplane, the person subject to the obligation to declare must inform the Border Veterinary Service in accordance with the instructions without delay Of this one.
3 It must inform it a second time if the animal products in transit to an EU Member State, Iceland or Norway, remain at the airport for more than 48 hours.
4 Animals and animal products at the airport cannot leave the AFD-delimited perimeter as long as their ground transport has not been authorised.
1 If consignments of animal products are stored in a free zone, a free customs deposit or a customs warehouse in an EU Member State, s. 12 of Directive 97 /78/EC 1 Applies.
2 If consignments of animal products are intended for an authorised operator domiciled in the EU within the meaning of Art. 13, para. 1, let. A, of Directive 97 /78/EC, s. 12 and 13 of that directive apply.
1 Council Directive 97 /78/EC of 18 December 1997 laying down the principles relating to the organisation of veterinary checks for products originating in third countries introduced into the Community, OJ L 24, 30.1.1998, p. 9; last amended by Directive 2013 /20/EU, OJ L 158, 10.6.2013, p. 234
1 After their release by the Border Veterinary Service, the consignments whose transport is proceeding by land must be transported by the most direct route and as quickly as possible outside the territory of importation.
2 The following additional charges apply to lots for third countries:
1 In the case of transit to a third country, the KVD and the original health certificates must accompany the lot to the EU's external border.
2 In the case of direct air transit from a third country to another third country, the consignment shall not be accompanied by an ECAD.
1 A consignment from a third country which transits via a Member State of the EU, Iceland or Norway, then via the territory of import, and pursues its route directly to another third country must leave the territory of import at the latest 30 days after arriving in an EU Member State, Iceland or Norway.
2 The person subject to the obligation to declare within one working day to the Frontier Veterinary Service, by presenting the DVCE, that the lot has left the territory of importation.
In the case of transit, the airlines that transport the consignments shall submit the information and documents required to the handling agents within the prescribed time limit.
Only animals and animal products which do not pose a danger to human and animal health can be exported from the territory of importation.
1 The exporter is responsible for:
2 It must ask the competent cantonal authority if, for the country of destination, there is a model of health certificate validated by the FVO.
3 If there is a model validated by the FVO, the exporter must obtain it from the competent cantonal authority, fill it out and return it to that authority.
4 If there is no health certificate validated by the FVO, the exporter must inquire about the import conditions in force in the country of destination, in particular on the required health certificates. It must submit to the competent cantonal authority the import conditions and the sanitary certificate to be signed.
1 If the health certificate to be signed corresponds to a model validated by the FVO, the competent cantonal authority shall sign it, provided that the conditions contained in the health certificate are fulfilled.
2 If the health certificate to be signed does not correspond to a validated model, the cantonal authority forwards it to the FVO. If the FVO validates it as a model, the cantonal authority shall sign it as provided for in para. 1
1 The FVO examines the health certificates to be signed by the competent cantonal authority. It validates the models if they contain no provisions incompatible with Swiss legislation on foodstuffs, animal protection and epizootics.
2 At the request of the country of destination, it may also approve models whose conditions are not provided for in the legislation on epizootic diseases or on foodstuffs, such as:
3 The models referred to in para. 2 can only be validated under the following conditions:
4 The FVO can also establish formal requirements to be met by foreign certificates. It may prescribe measures to ensure traceability, including the use of safety paper as well as mandatory advertising and mandatory maintenance of a register. It lists the formal requirements and measures to ensure traceability in technical directives for the cantonal authorities.
5 It may enter into an agreement with the country of destination which lays down the content of the health certificates to be used and the conditions to be complied with under this Article.
1 If the country of destination requires an establishment to be officially authorised as an export establishment, the competent cantonal authority shall take charge of the authorisation procedure, at the request of the institution concerned.
2 The authorisation as an export establishment shall be granted if the establishment complies with the requirements of the legislation on food, animal diseases and animal protection and if it meets the requirements, if any Additional legislation in the country of destination.
3 Establishments that are licensed as export establishments must be regularly inspected according to the country of destination.
4 The checks carried out in accordance with the directives of the country of destination may be carried out at the same time as checks carried out in establishments authorised under Art. 13 ODAlOUs 1 .
5 The competent cantonal authority shall communicate to the FVO the list of authorisations issued. The FVO maintains a list of authorized export establishments.
1 The following animal by-products may be exported only with an authorization from the FVO:
2 The FVO issues the following conditions:
3 Prior to issuing the authorization, the FVO shall submit the application for export authorization to the competent cantonal veterinarian for the disposal undertaking which would proceed to disposal in the case referred to in para. 2, let. C.
1 RS 916.441.22
2 Regulation (EU) n O 142/2011 of the Commission of 25 February 2011 implementing Regulation (EC) No O 1069/2009 of the European Parliament and of the Council laying down health rules applicable to animal by-products and derived products not intended for human consumption and applying Council Directive 97 /78/EC as regards Certain samples and articles exempted from veterinary checks carried out at the borders under this Directive, OJ L 54, 26.2.2011, p. 1; last amended by Regulation (EU) n O 2015/9, OJ L 3, 7.1.2015, p. 10
1 The customs office ensures that consignments subject to veterinary border control leave the official location:
2 Lots of imported animal products with special loads under s. 8, are released by the customs office for the establishment of destination to announce the arrival of the lot, as provided for in Art. 29, para. 1, within three working days after release by the border inspection post.
3 If it is a lot of toonglons, galliforms, coves or struthioniforms that have been the subject of a full veterinary border inspection at a border inspection post of a Member State of the EU, Iceland or Norway, Customs office checks whether a DVCE accompanies the lot. In the absence of DVCE, it shall inform the competent cantonal authority.
1 Lots subject to veterinary border control are controlled at the border inspection station by the Border Veterinary Service.
2 Before controlling a lot, the Border Veterinary Service checks the data concerning:
3 The control of a lot may include the following:
During the documentary check, the Border Veterinary Service verifies the completeness and accuracy of the documents and authorizations accompanying the lot.
When checking identity, the Border Veterinary Service checks the correspondence between the information contained in the accompanying documents and the lot itself.
1 In physical control, the Frontier Veterinary Service examines the animals or animal products of a lot.
2 In the case of animal products, it can also control, in particular, packaging, temperature and pH.
3 It can take samples and have them analyzed in the laboratory.
4 If a sample is taken, the decision on the batch release may be deferred until the outcome is met. In such cases, the samples should be analysed as soon as possible.
5 No compensation shall be awarded for the samples taken.
1 Immediately after having carried out his control, the Border Veterinary Service listed in the DVCE appearing in TRACES the findings he has made and the measures he has ordered.
2 The results of the sample analyses are entered into the KVD as soon as they are available.
3 If the lot is released, the Border Veterinary Service makes DVCE duly completed to the person subject to the obligation to report.
4 Health certificates are maintained by the Border Veterinary Service. The person subject to the obligation to report receives a certified copy.
At import, all consignments subject to veterinary border control must undergo documentary control, identity checks and physical checks.
1 During the transit of consignments subject to veterinary border control to a Member State of the EU, Iceland or Norway, a documentary check, an identity check and a physical check shall be carried out for:
2 The FVO may agree with the competent authority of the country of destination that the identity check and physical control of animals and animal products whose transport continues by air will be carried out at an inspection station Authorized border of the country of destination in accordance with Art. 8, c. 1, let. B, of Directive 91 /496/EEC 1 .
3 Only documentary control is required for:
4 No control is required for:
5 Where animal health, animal protection or food safety warrant it, the Border Veterinary Service shall make additional checks on consignments subject to veterinary border control.
1 Council Directive 91 /496/EEC of 15 July 1991 laying down the principles relating to the organisation of veterinary checks for animals from third countries introduced into the Community and amending Directives 89/6 6 2/EEC, 90 /425/EEC and 90 /675/EEC, OJ L 268, 24.9.1991, p. 56; last amended by Directive 2009 /156/EC, OJ L 192, 23.7.2010, p. 1
1 Where consignments subject to veterinary border control are in transit to a third country, the Border Veterinary Service shall make at least one documentary check and an identity check.
2 If the consignments continue their route, from the airport, through the land route, the Border Veterinary Service also has physical control.
3 The control is limited to verification of the cargo manifest if:
4 The Border Veterinary Service may conduct sampling checks on the lots referred to in para. 3.
1 The Border Veterinary Service shall strengthen controls in the event of an offence under the legislation on epizootic diseases or on foodstuffs or whether they suspect such offences. In these cases, batches can be sequestered, subjected to laboratory analysis, and released only if the results of the analyses are favourable.
2 In the case of serious infringements concerning the import or transit of animal products, the FVO orders a tightening of controls on all consignments of the same origin. He ordered the sequestration of the following ten lots, required laboratory analysis, and made the release of the lots subject to favorable test results. It cooperates with the heads of border inspection posts in the EU Member States, Iceland and Norway and coordinates the registration of the ten successive consignments to be sequestrated.
3 If the general situation of a country or region of origin presents a high risk of non-compliance with the hygiene rules of foodstuffs, the FVO may order that, at each import and for each transit to a Member State of The EU, Iceland or Norway, consignments of animal products subject to veterinary border control are subject to laboratory analysis and are only released if the results of the analyses are favourable.
The OSAV may reduce the frequency of physical checks during the import and transit of animal and animal products in accordance with the provisions of Decision 94 /360/EC 1 And, for the latter, to those of Directive 91 /496/EEC 2 .
1 Commission Decision of 20 May 1994 on the reduced frequency of physical checks of consignments of certain products when imported from third countries into Title 90 /675/EEC, OJ L 158, 25.6.1994, p. 41; last amended by Decision 2006 /590/EC, OJ L 240, 2.9.2006, p. 11
2 See footnote to art. 61, para. 2
1 The Border Veterinary Service releases consignments submitted for import or transit purposes and subject to veterinary border control if they have no non-compliance.
2 He orders, if necessary:
A lot is non-compliant if the controls show that it does not meet the import, transit and export conditions. In particular, a lot is non-compliant in one of the following cases:
1 If a lot for import or transit is not in conformity, the Border Veterinary Service shall order one of the following measures:
2 Before making a decision, he hears the person subject to the obligation to report.
3 It cancels the health certificate for a non-compliant lot. To do so, it affix to each page of the certificate a stamp bearing in red the words " REFOULARY in a frame, with letters of a height of 15 mm.
4 If a lot for export is not compliant, it will be sequestrated.
1 The Frontier Veterinary Service sequester animals and animal products:
2 It shall sequester consignments for import or consignments in transit at or immediately after the border crossing, and consignments for export prior to the crossing of the border.
3 It stores the consigned lots. This measure is taken at the importer's risk of importation, the person subject to the obligation to report in transit, and the exporter in the case of an export.
4 After having sequestered a lot for import or a batch in transit, the Border Veterinary Service takes another measure depending on the situation or releases the lot. Before making a decision, he hears the person subject to the obligation to report.
5 If the consigned lot is a lot for export, the Frontier Veterinary Service shall communicate the receiver to the competent cantonal authority of the canton where the control took place.
6 If the Border Veterinary Service is aware of any possible risks, it shall inform the competent cantonal authority or the authority of the country of destination that the consignments have already been released. It may require the receiver to do so.
1 Where a consignment intended for import or a consignment in transit is not in conformity, the Border Veterinary Service shall issue a decision on refoulement, if no reason for the laws on animal diseases, animal protection or foodstuffs Food is not opposed.
2 It shall set a time limit for the dispatch of the consignment whose refoulement has been pronounced. The time limit shall not exceed 10 days for animals, 60 days for animal products.
3 The return of animal products may take place even if there are grounds for refusal, provided that the importer proves, on the basis of a document drawn up by the competent authority of the country of origin, that the country of origin accepts the reconsignment of the consignment in The country of origin because of the difference in food regulation between the two countries.
4 Refoulement to a country other than the country of origin is allowed where the importer submits a document from the competent authority of that country certifying that the country of origin accepts the lot while having knowledge of the reason for the refoulement.
1 If the non-conformities of animal products are minor and there is no risk to the police of epizootic diseases, the Border Veterinary Service may, instead of refoulement, order a transformation into a product which Will not be used as a food or as an animal feed.
2 Only methods accepted by the legislation on foodstuffs, animal feed and epizootic diseases can be used for processing. Dilution is prohibited.
1 The Border Veterinary Service confs:
2 Animals that have been sequestered for the protection of animals are forfeited if the importer or person subject to the obligation to declare does not undertake what is necessary to restore a situation in accordance with the law. Animals are either transported to a facility designated by the FVO or in another suitable place, or euthanized.
3 Animals confiscated for police reasons for animal diseases are euthanized.
4 The FVO eliminates confiscated animals and peris animals in accordance with the OESPA 2 .
1 RS 817.021.23
2 RS 916.441.22
1 The Border Veterinary Service shall order immediate action to be taken in the event of a threat to animal health, animal welfare or the integrity of other lots.
2 In the event of a possible threat to animal health, it shall order in particular:
3 In the event of a possible threat to animal welfare, it shall order an agreement with the competent cantonal authority the receiver of the animals concerned and their transfer to that authority.
1 The Border Veterinary Service shall inform the customs office of each lot of animal products with special loads referred to in s. 8, for import.
2 As soon as he has released a lot, he shall inform the competent cantonal authority via TRACES and by electronic mail.
3 The competent cantonal authority shall inform:
If animal products with special charges have been subject to full veterinary border control in the territory of import and are in transit to a Member State of the EU, Iceland or Norway, the Veterinary Service Border shall inform the competent supervisory authority of the country of destination via TRACES.
1 The cantonal authorities shall announce to the FVO the authorised establishments referred to in Art. 7 and 8.
2 The FVO publishes the list of authorised establishments and forwards it to the European Commission.
1 Where a consignment subject to veterinary border control passes through a Member State of the EU, Iceland or Norway to a third country, the Border Veterinary Service shall inform, via TRACES, the border inspection post by which the lot Leave the territory of import or the Member State of the EU, Iceland or Norway to the third country.
2 If it has indications that a lot has not left the territory of importation or the Member State of the EU, Iceland or Norway within the prescribed period, it shall inform the AFD. The Commission is conducting an investigation. If it cannot establish that the consignment has left the territory of importation or the Member States of the EU, Iceland and Norway, the OSAV shall inform the competent bodies of the cantons and the States through which the transport should have passed.
If a border inspection post from the EU, Iceland or Norway announces to a border inspection post in Switzerland that a consignment in transit to a third country will leave the territory of import directly to the third country in question, the Border inspection post in Switzerland confirms this when the lot has passed.
1 Foodstuffs of animal origin which were intended for refuelling on an aircraft in international traffic and which are not kept in the same aeroplane for another flight must be eliminated by the catering companies Pursuant to s. 22 OESPA 1 .
2 The disposal routes chosen by the catering companies must be authorised by the canton concerned.
3 Food and beverage companies communicate to the FVO the authorized disposal channels. Any changes must be announced without delay.
1 RS 916.441.22
1 If the customs office finds that a consignment of animal products carried in the passenger traffic does not comply with the conditions of importation or transit of the art. 13, it destroages the lot by the person subject to the obligation to report. If the customs office objects to the destruction of the lot, the customs office shall inform the competent cantonal authority or, at a border inspection post, the Border Veterinary Service. They will confiscate the lot and arrange for its disposal in accordance with the OESPA 1 .
2 If consignments of animal products sent by letter or package do not meet the conditions of importation referred to in Art. 14, the freight forwarder forwards them to the Border Veterinary Service.
1 RS 916.441.22
1 The customs office shall return the consignments subject to the veterinary border control which are announced for import or transit by boat on the Rhine or at an airport without a registered border inspection post.
2 If a consigned consignment cannot be returned without delay, the customs office shall inform the competent authority of the canton in which the customs office concerned is located.
3 If animal products are concerned, the competent cantonal veterinary authority shall order their immediate disposal in accordance with the OESPA 1 .
4 If live animals are concerned, the competent cantonal authority shall without delay organise their secure transport to a registered border inspection post.
1 RS 916.441.22
1 If the AFD finds at the authorised border inspection posts that animals or animal products do not fulfil the conditions of import, transit or export, it shall indicate that:
2 If it finds outside the authorised border inspection posts that animals or animal products do not fulfil the conditions of import, transit or export, it shall inform the competent authority of the canton on the Territory from which the control was carried out.
3 It shall inform the competent cantonal authority, upon request, of all the essential facts and shall give it access to the files.
1 If animals or animal products do not meet the conditions of import, transit or export, the competent cantonal authority shall take the necessary measures to protect human and animal health.
2 If individuals or other bodies that AFD report on animals or animal products imported or illegally transposing into the territory of importation, the competent cantonal authority shall inform the AFD.
3 In cases where animals are concerned, the competent cantonal authority may issue a decision requiring, among other things, the sequestration, refoulement or euthanasia of animals. The authority which has ordered a receiver shall house the animals held in the place where it has designated the costs and risks of the person who committed the offence.
4 Animal products are returned via a Swiss airport directly to the country of origin. The competent cantonal authority shall dispose of the lot in accordance with the provisions of the OESPA in the event of an inability to return, to exceed the time limit for re-shipment, or to waive the return. 1 Or order the elimination of them.
1 RS 916.441.22
1 If the conditions of importation provide for the quarantine of the animals, the animals must be quarantined:
2 For wild and ornamental birds, quarantine must take place in an installation which meets the requirements of Annex IV to the Implementing Regulation (EU) n O 139/2013 2 .
3 The cantonal veterinarian defines the procedure for the transport of the animals from the customs office to the quarantine station and establishes the quarantine. It issues a decision ending the quarantine period when the prescribed deadlines have expired and the results of the analyses are favourable.
4 The FVO enacts technical guidelines for the execution of quarantines.
The cantonal veterinarian may order the official veterinary supervision:
The cantonal veterinarian is responsible for the conduct of the checks to be carried out during the quarantine and the official veterinary supervision.
1 The FSO operates a Border Veterinary Service.
2 The Border Veterinary Service shall carry out the prescribed checks at the authorised border inspection posts and shall order the appropriate measures.
The Border Veterinary Service is composed of:
1 Border inspection posts are responsible for the operation of the border inspection post and the controls carried out there.
2 They ensure that there is a sufficient number of border veterinarians and SVF assistants.
1 A border veterinarian must be present when carrying out the checks.
2 He is responsible for the final decision.
SVF wizards can be used to perform, under the supervision of border veterinarians:
1 The officers responsible for border inspection posts must hold the official veterinarian capacity certificate issued pursuant to the order of 16 November 2011 concerning basic training, qualifying training and Continuing education of persons working in the public veterinary sector 1 .
2 Border veterinarians shall hold the certificate of official veterinarian capacity issued under the Basic Training Ordinance, the qualifying training and the continuing education of persons working in the Public veterinary sector.
3 SVF assistants are trained by border veterinarians.
4 Border inspection officers maintain a record of the training and development of persons who are subordinate to them.
5 In collaboration with AFD, the FVO organises training and development courses for the Border Veterinary Service on the implementation of legislation on epizootic diseases, animal protection and foodstuffs. Food and customs.
Upon request, AFD shall provide the FSO with information on all matters relevant to the execution of this order and shall provide it with access to the records.
1 Border inspection posts are located at the official location of a customs office within the meaning of s. 29, para. 1, let. C, LD 1 .
2 The airport operator shall make available to the FSO the necessary space or space for the border inspection service at the airport site.
3 The FVO pays rent in accordance with market prices to the airport operator.
4 It sets the opening hours for border inspection posts.
1 The FVO is responsible for defining the premises, equipment and facilities required for border inspection posts.
2 The DFI sets out the requirements for accommodation, equipment and facilities.
3 The FSO defines the technical facilities that must be available at border inspection posts.
1 If increased traffic endangers the functionality of existing premises, the FVO requires airport operators to make available additional space or premises within a reasonable period of time.
2 If additional spaces or spaces are not made available on time, the border inspection post is no longer authorised for the relevant categories of animals and animal products until the spaces or premises Additional is available. The airport operator must inform the airlines immediately.
1 The following authorities and persons must be registered in TRACES:
2 The registration and processing of data from the registration are carried out by the FVO.
3 The authorities and registered persons shall immediately inform the FVO of any change of address.
The authorities and registered persons have access to TRACES as long as they need it to carry out their tasks.
1 Anyone wishing to access TRACES must provide evidence that they have taken a basic TRACES training.
2 Registered persons must take courses regularly to update their knowledge.
3 The FVO organises basic training and refresher training for AFD and TRACES officials in cantonal services. No emolument is required to follow these training courses.
4 It also organises training for persons subject to art. 17. There is no fee to follow these training courses.
5 The TRACES of Cantonal Services shall organise basic training and refresher training for official veterinarians and Cantonal Inspectors of foodstuffs which use TRACES in the framework of Their activity.
1 The cantonal authorities are responsible for registering the persons referred to in s. 17 and the processing of data from these recordings.
2 Each cantonal service registered must designate a TRACES official.
1 The following import fees are charged to the importer:
2 Costs of laboratory analysis are charged directly by the contracted laboratory.
3 The approximate cost of the risk analysis on a case-by-case basis is communicated in advance by the FVO to the importer.
4 The cost of accommodation subject to s. 24, para. 3, are charged to the person subject to the obligation to report.
In transit, the emoluments and the costs referred to in s. 103, para. 1, are charged to the person subject to the obligation to report. Art. 103, para. 2 to 4, applies mutatis mutandis.
The emoluments and the costs of official benefits caused by the exportation of animals and animal products shall be invoiced to the responsible person.
The cantons may levy emoluments on the basis of the cantonal law for the services provided, the checks carried out and the measures taken pursuant to this order.
1 The authorisations and other decisions of the FVO are governed by the Act of 20 December 1968 on the administrative procedure 1 . For oppositions, s. 59 B LFE is also applicable.
2 Appeals and oppositions falling within the scope of the legislation on foodstuffs are governed by Art. 52 and 55 LDAl.
3 The procedure of the cantonal enforcement authorities is governed by the cantonal administrative procedure law.
1 The cantonal veterinarian responsible for taking measures announces to the competent criminal prosecution authority serious infringements of the laws on epizootic diseases, on the protection of animals, on foodstuffs and on livestock rearing, in Specific to:
2 If there are violations at the border inspection post, the border veterinarian will communicate them to the FVO.
1 In the case of illegal import or illegal transit, the cantonal criminal prosecution authority or the FVO opens a criminal prosecution. If there is a concurrent violation of the LoQ 1 Or the Law of 12 June 2009 on VAT 2 , the AFD opens a criminal prosecution.
2 The AFD shall, at the request of the cantonal criminal prosecution authorities, notify and execute the terms of reference for the offences against which it has itself investigated the offences.
3 In the case of illegal export, the cantonal criminal prosecution authority opens a criminal prosecution.
4 Art. 31 Al is reserved.
1 If this order does not otherwise dispose of it, enforcement shall be the responsibility of the Confederation.
2 The competent authorities of the Confederation are the FVO and AFD.
3 The FVO enacts the technical guidelines necessary for proper and uniform execution.
1 The FVO has the power to make minor technical changes to relevant EU legislative acts concerning:
2 The DFI may also empower the FVO to make technical adaptations concerning:
The repeal and amendment of other acts are set out in the Annex.
(art. 112)
I
Are repealed:
II
The following acts are amended as follows:
... 4
1 [ RO 2007 1847 , 2008 2985 Annex 6 c. II 1 4157 5197, 2009 1567, 2011 2699 Annex 8 c. II 6 5803 Annex 2 c. II 7, 2012 2855, 2013 949 3041 I 15, 2014 1691 Annex 3 c. II 10 2243 Annex c. 3]
2 [ RO 2007 2743 , 2008 4167 4867, 2012 2861 6407 Annex 2 c. 3, 2014 4521 Annex 6, c. II 3]
3 [ RO 2008 4173 4869, 2009 1569, 2011 2699 Annex 8 c. II 7, 2012 2863, 2015 1827 (II)
4 The mod. Can be viewed at RO 2015 5201 .