¹ Fresh fruit and fresh vegetables may be imported at the rate of quota (TC) without the import of parts of tariff quotas by the Federal Office of Agriculture (Office):

A.

During the period not subject to the non-quota rate (THC) in accordance with Annex 1 of the tariff ¹ ;

B. ²

During periods submitted to THC in accordance with Annex 1 of the customs tariff (period administered), from the dates and until the dates fixed by the Office. The deadlines are set on the basis of the presumed supply of the Swiss goods of the same type and of merchantability. Goods which, regardless of their packaging, are included in the same tariff number, the same group of tariff numbers according to Schedule 2 and, if applicable, the same statistical key, are deemed to be of the same type. ³

² Where the Office permits portions of tariff quotas to be imported out of the periods provided for in para. 1, let. A and b, fresh vegetables and fresh fruit may be imported to the TC.

¹ The Office permits the importation of parts of tariff quotas to the extent of the demand to be satisfied where the supply of a Swiss good of the same type and of merchantability is sufficient to satisfy the alleged weekly requirements. At the time of release, the statistical key is used as a criterion to indicate that a good is of the same type as for the goods of tariff item Nos. 0705.1911 and 0709.9941. ¹

² The Office does not allow the import of parts of tariff quotas where the supply of a Swiss good of the same type and of market quality is sufficient to cover the alleged weekly needs. The reduced THC set in Schedule 1 of the order of October 26, 2011 on agricultural imports ² Applies during this period. It can be modified by the Federal Department of Economics, Training and Research (DEFR) ³ . ⁴

³ The Office may, in derogation from para. 2, allow import:

A. ⁵

Parts of tariff quotas where the supply of Swiss fruit or vegetables is not able to meet the needs of the processing industry for the manufacture of the goods of tariff headings 0 7 1 0/0 7 1 3, 0811/0813, 2001/2009 and 2202 and chap. 16, 19 and 21;

B.

Of 1 ^Er April until 14 June, parts of tariff quotas of apples of tariff headings 0808.1022 and 0808.1032, within the limit of 2500 t, when the assortment is to be widened. ⁶

¹ The Office allocates the shares of a TRQ allowed for importation under s. 5, para. 1, for:

A.

Tomatoes, cucumbers for salad, small onions to plant, witloof chicory and apples: depending on the market shares of the entitled persons; the market share of the person entitled, the proportion of the goods imported by that person Last year the previous year to TC and THC and the supply provided the previous year in favour of Swiss production in relation to imports to TC and THC and to benefits in favour of the Swiss production of all entitled persons; The person entitled may announce the benefit in favour of Swiss production up to the time limits fixed by the The Office;

B.

Other goods: depending on the imports to TC and THC carried out in the previous year by the entitled persons. ¹

² Parts of a tariff quota authorized for importation under s. 5, para. 3, let. A, shall be allocated in proportion to the quantities requested. ² The Office may link the allocation of shares to charges to ensure that the imported goods are affected by industrial processing. Imports made according to the apportionment of the quantities requested shall not be taken into account for the allocation according to the criteria of para. 1.

¹ Are deemed still in commerce at the beginning of the period administered within the meaning of s. 15 of the Customs Act of 18 March 2005, the quantities of fresh fruit and vegetables available:

A.

At the beginning of the administered period;

B.

The day following the date set out in s. 4, para. 1, let. B; or

C.

The day after the end of the period, of limited duration, during which the import of the tariff quota is authorised without attribution (Annex 2 of the O of 12 January 2000 on the authorization of imports relating to the OIELFP ² ).

² The quantities of goods in the retail premises for the final consumption of retail outlets shall be deducted from the quantities referred to in para. 1.

³ The reserves still available in the marketing circuit, which are not exhausted within two days, must be the subject of a new customs declaration in accordance with Art. 55 of the order of 1 ^Er November 2006 Customs ³ . ⁴

¹ The person subject to the obligation to declare within the meaning of s. 55 of the order of 1 ^Er November 2006 Customs ² Who has tariff rate quota shares may charge imported agricultural products during the unadministered period and who are still in trade at home at the beginning of the administered period on its share of quota Rate at the beginning of the corresponding period defined in s. 7, para. 1.

² The holder of the tariff rate quota must deduct the quantity of goods to be allocated from its share of tariff rate quota through secure Internet access prior to the filing of the customs declaration within the meaning of s. 59 of the order of 1 ^Er November 2006 on customs.

¹ The exports of goods listed in Annex 1 shall comply with the standards laid down or recognised in the Regulation of the European Community cited in the said Annex. They are subject to compliance checks. ²

² The exporter is required to notify the art-empowered organization in a timely manner. 20, the place of control, the tariff number and quantity of the product and the expected date of shipment.

³ The Office may adapt Annex 1 to the Regulation in force in the European Community and designate the goods concerned. ³

The Office may temporarily increase the tariff quota n ^O 16:

A.

For special varieties or qualities of peas, beans, carrots and spinach, depending on the needs and quantities of Swiss vegetables processed or marketed;

B.

If it is proved that the collections of Swiss vegetables intended for freezing and conservation have suffered losses;

C.

To ensure the allocation of a minimum quantity to the new applicants.

The Office allocates the tariff quota shares according to the following criteria:

A.

35 % depending on imports to TC and THC for a three-year period that falls on September 30 of the year preceding the quota period;

B.

65 % according to the quantities of Swiss fresh vegetables for processing and taking care in accordance with a supporting document or a processing mandate for a period of three years which falls on 30 September of the year preceding the Quota period. The Office shall fix the time limit in which the quantities of Swiss products to be paid shall be announced.

¹ The quota period is short of 1 ^Er May to 25 October.

^1bis For staggering over time (art. 13) and attribution (art. 14), Tariff Rate Quota No. ^O 13 and tariff rate quota n ^O 105 according to Schedule 2 of the March 8, 2002, Free Trade Order ¹ Are added (aggregate tariff rate quota). ²

² Fresh cut flowers may be imported to the TC if the Office permits the importation of parts of the TRQ.

³ Depending on the requirements of the market and the Swiss offer, the Office may increase the tariff quota n ^O 13.

⁴ ... ³

The Office allocates the aggregate tariff quota over periods of seven to fourteen days.

¹ The Office allocates the shares of the aggregate tariff quota to the entitled persons based on the imports that they have made to TC and THC during the periods of the previous year fixed under s. 13. ¹

² The award comes in the month of April. ² Where the total weight of the shares of a legal person is less than 3000 kg gross, the shares may be freely used during the period from 1 ^Er May to 25 October.

³ ... ³

⁴ The additional amounts set out in s. 12, para. 3, are divided according to:

A.

The tender procedure for 200 gross tonnes;

B. ⁴

The benefit to Swiss production; the Office sets out a schedule for the allocation of tariff quota shares for purchase contracts. Procurement contracts shall cover the relevant quota period and shall reach the Office within a time limit fixed by the Office.

⁵ When the sum of the quota shares allocated under paras. 1 and 4, let. B, containing 200 gross tonnes, is less than the average imports to TC and THC of the three previous quota periods, the difference is offset by an increase in the amount set out in para. 4, let a. The additional quantity shall be allocated in accordance with the tendering procedure. ⁵

¹ DEFR may temporarily increase tariff rate quotas n ^Bone 20 and 21 in the case of insufficient supply of the internal market.

² The Office allows the import of the additional quantities taking into account the needs of the market.

³ The additional quantities are allocated according to the criteria applied for the allocation of tariff quotas.

¹ The Office allocates tariff quotas n ^Bone 20 and 21 depending on the auction procedure.

² It allocates the quota shares of TRQ No. 20 during the second half of the year. ¹

¹ The Office allocates the shares of tariff quota n ^O 31 according to the supply provided in favour of Swiss goods in the field of export.

² Shares of Tariff Rate Quota n ^O 31 are allocated only to the applicants who have performed the required compensatory exports in advance and on their own account.

¹ Tariff Rate Quota n ^O 104 (fruit tree plants) listed in Schedule 3 of the June 18, 2008, Free Trade Order 1 ² Is released in several instalments over time. The Office may change the beginning of the period so that it does not fall on an official holiday, a Saturday or a Sunday.

² The tariff rate quota is released on the basis of the following tariff quota parts:

The Office shall, by order, prescribe the dates provided for in Art. 4, para. 1, let. B, 6, al. 1, let. A, 11, let. B, and 14, al. 4, and the portions of the tariff rate quotas set out in s. 5, para. 1 and 3, let. B, and 12, para. 3. It shall publish the contents of this order and its amendments on its Internet page. The text of the amendments to the Order is not published in the Official Collection of Federal Statutes; however, the amendments are mentioned on a monthly basis. The full text of the amendments may be consulted or obtained at the Office.

¹ The Office shall charge a private organisation for the enforcement of compliance with European Community standards. ¹

² The delivery mandate is awarded on a contract basis for a maximum period of four years. There is no right to the conclusion of a compliance mandate.

³ The costs of the compliance check shall be borne by the Office and the organisation.

⁴ The organization is authorized to collect a fee to cover the compliance monitoring costs that are borne by the organization. The amount of the fee is equal for all taxable persons.

⁵ The Office monitors the organization responsible for the enforcement of the compliance check.

The cantons shall reply to the statement of data provided for in Art. 49 of the order of 26 October 2011 on agricultural imports ² .

¹ The Office may provide services to coordinate the activities of the cantons referred to in Art. 21 and perform other tasks.

² It may entrust the coordination services with the data set out in Art. 49 of the order of 26 October 2011 on agricultural imports ¹ . ²

³ The delivery mandate is awarded on a contract basis for a maximum period of four years. There is no right to the conclusion of a service mandate.

⁴ The Office may pay compensation for that purpose.

⁵ It monitors the services mentioned in para. 1.

The holder of an ERP that does not comply with the duties prescribed in s. 6, para. 2, must pay THC on imported goods.

The Office shall be responsible for the execution of this order.

This order shall enter into force on 1 ^Er January 1999.