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RS 0.916.225.14 Exchange of notes of 6 May 2015 between Switzerland and Liechtenstein concerning the marketing authorisation for plant protection products containing new active substances

Original Language Title: RS 0.916.225.14 Echange de notes du 6 mai 2015 entre la Suisse et le Liechtenstein relatif à l’autorisation de mise sur le marché des produits phytosanitaires contenant de nouvelles substances actives

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0.916.225.14

Exchange of notes of 6 May 2015 between Switzerland and Liechtenstein concerning the marketing authorisation for plant protection products containing new active substances

Entered into force on 1 Er June 2015

(State 1 Er June 2015)

Translation 1

Embassy of the Principality of Liechtenstein

Bern, 6 May 2015

Federal Department of Foreign Affairs

Bern

The Embassy of the Principality of Liechtenstein presents its compliments to the Federal Department of Foreign Affairs and has the honour to acknowledge receipt of its note of 6 May 2015, which reads as follows:

" The Federal Department of Foreign Affairs presents its compliments to the Embassy of the Principality of Liechtenstein and has the honour to submit the following case:
With a view to the decision of the Court of Justice of the European Communities of 21 April 2005 in Joint Cases C-207/03 and C-252/03 and the resulting consequences for the Suisse-Liechtenstein Economic Area, the Federal Council Proposes-in accordance with the interviews conducted in this context and the experience acquired on the basis of the exchange of notes of 22 April 2005 2 , renewed on 23 May 2006 3 , 25 May 2009 4 And May 21, 2012 5 , between Switzerland and Liechtenstein concerning the marketing authorisation for plant protection products containing new active substances-to the Government of the Principality of Liechtenstein, on the basis of the legislation on Phytosanitary products applicable under the Treaty of 29 March 1923 between Switzerland and the Principality of Liechtenstein concerning the meeting of the Principality of Liechtenstein in the customs territory of Switzerland (Customs Treaty) 6 , an exception regulation relating to the marketing authorisation of plant protection products containing new active substances:
The marketing authorisations for plant protection products containing new active substances (New Chemical Entities, NCE or New Active Substances, NAS) issued by the Federal Office of Agriculture on the basis of the Swiss ordinance 12 May 2010 on the release of phytosanitary products 7 (Plant Health Products Ordinance) are not automatically recognized in Liechtenstein.
The Federal Office of Agriculture shall immediately inform the Liechtenstein Office of the Environment of any new phytosanitary products with NCE or NAS authorised in Switzerland. The Liechtenstein Office of the Environment establishes a list in which plant protection products whose marketing authorisation is not recognised in Liechtenstein are included. The list is updated regularly and published by the Liechtenstein Office of the Environment. For the phytosanitary products on this list, the marketing authorisation is recognised in Liechtenstein after 12 months. Earlier recognition or also, in exceptional cases, subsequent recognition is possible.
The validity of this Agreement shall be limited to five years from its entry into force. Before the expiration of the time limit, the Contracting Parties shall consider all necessary amendments to this Regulation for further application. They shall enter into negotiations in good time on the basis of this Agreement.
In the event that the Government of the Principality of Liechtenstein accepts the above, the present note and the Liechtenstein note-reply shall create an Agreement between the two Governments, which shall enter into force on 1 Er June 2015.
The Federal Department of Foreign Affairs takes this opportunity to renew to the Embassy of the Principality of Liechtenstein the assurance of its high regard."

The Embassy of the Principality of Liechtenstein has the honour to inform the Federal Department of Foreign Affairs of the approval by the Government of Liechtenstein of the above. The Department's note and the Embassy's response form an agreement between the two governments. The latter shall enter into force on 1 Er June 2015.

The Embassy of the Principality of Liechtenstein takes this opportunity to renew to the Federal Department of Foreign Affairs the assurance of its high regard.


RO 2015 1569



State 1 Er June 2015