Rs 916.121.10 Order Of 7 December 1998 On The Import And Export Of Vegetables, Fruits And Horticultural Plants (Oielfp)

Original Language Title: RS 916.121.10 Ordonnance du 7 décembre 1998 sur l’importation et l’exportation de légumes, de fruits et de plantes horticoles (OIELFP)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
916.121.10 order on the import and export of vegetables, fruits and horticultural plants (OIELFP) of December 7, 1998 (status on 1 July 2013) the Swiss federal Council, view the art. 10: 21, al. 2 and 4, 177, 180, al. 3, 181, al. 3, and 185, al. 3, of the law of 29 April 1998 on agriculture, view of art. 15, al. 2, of the Act of March 18, 2005 on customs, saw art. 3 of the Federal Act of 25 June 1982 on external economic measures, stop: Chapter 1 provisions general art. Application 1Champ this order regulates the import of vegetables, fresh fruit, frozen vegetables, cut flowers, fruit cider, seafood and products of plants of fruit trees listed in Schedule 1, ch. 7, 8 and 10 to 13 of the order of October 26, 2011 on agricultural imports and export of fresh fruit and fresh vegetables listed in annex 1.

New content according to section 7 of Schedule 7 to the O from 26 oct. 2011 on agricultural imports, in effect since Jan. 1. 2012 (2011 5325 RO).
RS 916.01 art. General 2Permis to import the general import permits (PGI) is regulated in art. 1 the order of October 26, 2011 on agricultural imports.

New content according to section 7 of Schedule 7 to the O from 26 oct. 2011 on agricultural imports, in effect since Jan. 1. 2012 (2011 5325 RO).
RS 916.01 art. Special 3Condition required for the allocation of tariff quota share a share of the TRQ is attributed to the people who matter in a professional capacity in the industry. Exception imports under the quota tariff n 104 set out in annex 2 of the order of 8 March 2002 on free trade.

New content according to chapter I of O on June 23, 2004, in force since Nov. 1. 2004 (RO 2004 3443).
[RO 2002 1158, 2004 4599 4971, 2005-569 2006 867 annex c 3 2901 2995. Annex 4 ch. II 8 4659, 2007 1469 annex 4 ch. 22-2273-3417. RO 2008 3519 art. [7]. see the O of 18 June 2008 on the tariffs applicable to goods currently in traffic with the States members of the EU and EFTA (RS 632.421.0).

Chapter 2 organizations market Section 1 fresh fruit and fresh vegetables art. 4 timing of the tariff quotas for fresh fruits and vegetables can be imported at the rate of the contingent (TC) while parts of tariff quotas have been authorized to import by the federal Office of agriculture (office): a. during the period of no free contingent (THC) in accordance with Annex 1 of the customs tariff rates; b. periods subject to the THC under Schedule 1 of the customs tariff (administered period) from the dates and until the dates set by the Agency. Dates limits are determined by the offer of Swiss goods of the same kind and of merchantable quality. Are considered of similar goods which, regardless of their packaging, appear in the same issue of the tariff, the same group of the tariff according to annex 2 numbers and, where appropriate, in the same statistical key.

When the Agency authorizes parts of tariff quotas to import out of the periods provided for in para. 1, let. a and b, fresh vegetables and fresh fruits can be imported to the TC.

RS 632.10 Annex new content according to section 7 of Schedule 7 to the O of Oct. 26. 2011 on agricultural imports, in effect since Jan. 1. 2012 (2011 5325 RO).
New content of the sentence according to section I of the O on June 9, 2006, in force since Jan. 1. 2007 (RO 2006 2527).

Art. 5 authorizations to import parts of tariff quotas the Agency allows import of parts of tariff quotas in the measure of demand to satisfy when Swiss goods of the same kind and quality market supply is sufficient to meet alleged weekly needs. During the liberation, the statistical key doesn't criterion stating that a commodity is similar as for the goods of the tariff 0705.1911 and 0709.9941 numbers.
The Agency does not allow import of parts of tariff quotas when the offer of Swiss goods of the same kind and of merchantable quality is enough to cover the alleged weekly needs. Reduced THC set out in Schedule 1 to the order of October 26, 2011 on agricultural imports is applied during this period. It can be changed by the federal Department of the economy, training and research (Davis).
The Agency may, as an exception to the al. 2, allow import: a. parts of tariff quotas when the fruit or vegetable Swiss is not able to cover the needs of the processing industry for the manufacture of products tariff 0710/0713, 0811/0813, 2001/2009 and positions 2202 and chapter 16, 19 and 21; b. April 1 until June 14, parts of TRQs of the tariff items 0808.1022 and 0808.1032 potatoes , within the limit of 2500 t, when it should be to expand the assortment.

New content according to section 7 of Schedule 7 to the O from 26 oct. 2011 on agricultural imports, in effect since Jan. 1. 2012 (2011 5325 RO).
RS 916.01 designation of the administrative unit has been adapted to 1 Jan. 2013 in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.
New content according to section 7 of Schedule 7 to the O from 26 oct. 2011 on agricultural imports, in effect since Jan. 1. 2012 (2011 5325 RO).
New content according to chapter I of O on May 6, 2009, in force since July 1. 2009 (2009 2591 RO).
New content according to section I of the O of Jan. 12. 2000, in force since 1 March 2000 (RO 2000 392).

Art. 6 parts of a TRQ allocation office distributes a tariff quota shares authorized to import under art. 5, al. 1, for: a. tomatoes, cucumbers for salad, to plant onions, witloof chicory and apples: based on the market share of rights holders; market share of the beneficiary, the proportion of the goods imported by the latter year to the TC and THC delivery provided the previous year for the Swiss over imports to the TC production means and THC and benefits for the Swiss of all rights holders production; the person entitled may announce the provision in favour of Swiss production until the time limits fixed by the office; (b) other goods: according to the TC and THC imports carried out the previous year by rights holders.

The parts of a tariff quota allowed to import under art. 5, al. 3, let. a, are distributed in proportion to the quantities requested. The Agency may link the allocation of shares to loads to ensure that imported goods are allocated to industrial transformation. Imports following the distribution in proportion to the quantities requested are not taken into account in the distribution according to the criteria of para. 1. new content according to chapter I of O on June 23, 2004, in force since Nov. 1. 2004 (RO 2004 3443).
New content according to chapter I of the O on March 8, 2002, in force since June 1, 2002 (RO 2002 936).

Art. Agricultural 7Produits still in the trade at the beginning of the given period are known still in the trade at the beginning of the period given to the senses of the art. 15 of the Act of March 18, 2005 on customs, the quantities of fresh fruit and vegetables available: a. at the beginning of the given period; (b) the day following the date established in art. 4, al. 1, let. b; OUC. the day after the end of the period, of limited duration, during which the part of tariff quota import is allowed without attribution (Appendix O of the 12 Feb 2 2000 on approval of imports relative to the OIELFP).

Quantities of goods located in the premises of sale for final consumption retail outlets must be deducted from the amounts referred to in para. 1 reservations still available in the sales network, which are not exhausted within a period of two days, must be a new declaration in customs in accordance with art. 55 of the order of 1 November 2006 on customs.

New content according to Chapter 51 of annex 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).
RS 916.121.100 RS 631.01 new content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6265 RO).

Art. 7aImputation on shares of tariff quota of agricultural products still in commerce at the beginning of the period given the person subject to the obligation to report to the senses of the art. 55 order of November 1, 2006, on customs which holds shares of tariff quota can apply agricultural products imported during the period not administered and who are still in trade, at home, at the beginning of the given period, on its share of the tariff quota at the beginning of the period defined in art. 7, al. 1. the tariff quota share holder must deduct the amount of merchandise to settle its share of the tariff quota via Internet access secure before the presentation of the declaration for duty within the meaning of art. 59 of the order of 1 November 2006 on customs.


Introduced by section 51 of annex 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).
RS 631.01 art. 8 repealed by no I of O nov 14. 2007, with effect from Jan 1. 2008 (2007 6265 RO).

Art. Compliance with export 9controle exports of goods listed in annex 1 shall conform to the standards established or recognized in the regulations of the European Community mentioned in the said Annex. They are subject to the control of conformity.
The exporter is required to notify in time, the organization mandated according to art. 20, rather than control, the tariff number and the quantity of the product as well as the expected shipping date.
The office may adapt annex 1 to the regulation in force in the European Community and designate the goods concerned.

New content according to chapter I of the O on March 8, 2002, in force since June 1, 2002 (RO 2002 936).
New content according to section 7 of Schedule 7 to the O from 26 oct. 2011 on agricultural imports, in effect since Jan. 1. 2012 (2011 5325 RO).
New content according to section 7 of Schedule 7 to the O from 26 oct. 2011 on agricultural imports, in effect since Jan. 1. 2012 (2011 5325 RO).

Section 2 frozen vegetables art. 10 increase in the tariff quota, the Agency can temporarily increase the quota tariff No. 16: a. for varieties or special qualities of peas, beans, carrots and spinach, according to needs and quantities of vegetables processed or marketed fresh Swiss; b. If it is proved that Swiss vegetables for freezing and conservation crops suffered losses; c. to ensure the allocation of a minimum quantity to new applicants.

Art. 11Attribution of shares of TRQ the agency assigns share quota based on the following criteria: a. 35% depending on imports to the TC and the THC for a period of three years which expires on 30 September of the year preceding the quota period; (b) 65% according to the quantities of Swiss fresh vegetables for the transformation and supported under a voucher or a term of transformation for a period of three years which expires on 30 September of the year preceding the quota period. The Board sets the time within which the quantities of Swiss supported products to be announced.

New content according to chapter I of O on June 9, 2006, in force since October 1. 2006 (RO 2006 2527).

Section 3 cut flowers art. 12 tariff quota the quota period runs from May 1 to October 25.
For the staggering in time (art. 13) and attribution (art. 14), the quota tariff No. 13 and the quota tariff n 105 according to annex 2 of the order of 8 March 2002 on free trade are added together (aggregated tariff quota).
Fresh cut flowers can be imported to the TC if the Agency allows the importation of the parts of the tariff quota.
Depending on the needs of the market and the Swiss offer, the Agency can increase the quota tariff No. 13.


[RO 2002 1158, 2004 4599 4971, 2005-569 2006 867 annex c 3 2901 2995. Annex 4 ch. II 8 4659, 2007 1469 annex 4 ch. 22-2273-3417. RO 2008 3519 art. [7]. see the O of 18 June 2008 on the tariffs applicable to goods currently in traffic with the States members of the EU and EFTA (RS 632.421.0).
Introduced by chapter I of 8 March 2002 (RO 2002 936) O. New content according to chapter I of O on June 23, 2004, in force since Nov. 1. 2004 (RO 2004 3443).
Introduced by chapter I of 8 March 2002 (RO 2002 936) O. Repealed by no III 2 of the O on August 18, 2004, with effect from Jan 1. 2005 (RO 2004 4599).

Art. 13Echelonnement in time of the tariff quota the Agency distributes the TRQ aggregated over periods of seven to fourteen days.

New content according to chapter I of the O on March 8, 2002, in force since June 1, 2002 (RO 2002 936).

Art. 14 allocation of tariff quota shares the office assigns share of the tariff quota associate to rights holders based on imports that they have performed to the TC and THC during the previous year periods according to art. 13. the award takes place during the month of April. When the total weight of the parts of an entitled is less than 3000 kg gross, the shares may be used freely during the period from 1 May to 25 October.

Additional quantities provided for in art. 12, al. 3, are distributed based on: a. the tender for 200 gross tons; (b) the provision in favour of Swiss production; the Board sets a scale of share of tariff quota for purchase agreements. Purchase contracts should focus on the quota period concerned and reach the office within a time limit set by him.

When the sum of the quota shares according to the al. let 1 and 4. b, added 200 gross tons, is lower than the average of imports to the TC and the THC of three previous quota periods, the difference is offset by an increase in the amount fixed in the al. 4A, let. The additional quantity is distributed according to the tendering procedure.

New content according to chapter I of the O on March 8, 2002, in force since June 1, 2002 (RO 2002 936).
New content according to chapter I of the O on March 8, 2002, in force since June 1, 2002 (RO 2002 936).
Repealed by no I of O on June 23, 2004, with effect from Nov. 1. 2004 (RO 2004 3443).
New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6265 RO).
Introduced by chapter I of O on June 23, 2004, in force since Nov. 1. 2004 (RO 2004 3443).

Section 4 Fruits cider and products of fruit art. 15 increase in tariff quotas the EAER can temporarily increase the quota tariff n 20 and 21 in the case of insufficient supply of the internal market.
The Agency allows to import additional quantities taking into account the needs of the market.
Additional quantities are distributed according to the criteria for the allocation of tariff quotas.

Art. 16 allocation of quota share tariff n 20-21 the Agency allocates quotas tariff n 20 and 21 according to the procedure of the auction.
He attributed the share of the tariff quota in the quota No. 20 in the second half.

New content according to section I of the Nov. 23 O. 2005, in force since Jan. 1. 2006 (RO 2005 5551).

Art. 17Attribution of the shares of the quota tariff No. 31 the office assigns the quota share tariff No. 31 according to the provision in the field of export provided for Swiss goods.
Shares of the quota tariff No. 31 are only given to applicants who have made beforehand and own account required compensatory exports.

New content according to point 7 of the annex to the Dec. 22 O. 2004 on the amendment of the customs tariff annexed to the tariff act of customs as well as other legislative acts in connection with the agreement of 26 October 2004 between the Switzerland and the EC on agricultural products transformed, in effect since Feb. 1. 2005 (RO 2005 503).

Section 5 Plants of fruit trees art. 18 repealed by no I of O on June 26, 2002, with effect from Oct. 1. 2002 (RO 2002 2509).

Art. the contingent of plants of fruit trees 18aliberation the quota tariff n 104 (plants of fruit trees) in annex 3 of the order of 18 June 2008 on trade 1 is released in instalments, staggered in time. The Agency may amend the beginning of the period so that it is not an official holiday, a Saturday or a Sunday.
The TRQ is released with the following parts of TRQ: part of contingent tariff period reserved for importation at the rate of the 20 000 contingent February 3 at December 31, 20 000 plants plants 3 March to 31 December 10 000 plants 4 November to 31 December 10 000 plants December 2 to December 31.

Introduced by chapter I of 8 March 2002 (RO 2002 936) O. New content according to chapter I of O from 18 nov. 2009, in force since Feb. 1. 2010 (2009 6361 RO).
RS 632.421.0 new content according to section I of the O of the FOAG of May 28, 2013, in effect since July 1. 2013 (2013 1945 RO).

Chapter 3 provisions of implementation Section 1. tasks and powers art. Federal 19Office of agriculture fixed office by order the dates provided for in art. 4, al. 1, let. b, 6, al. 1, let. a, 11, let. b, and 14, al. 4, and the parts of the tariff quotas provided for in art. 5, al. 1 and 3, let. b, and 12, al. 3. it publishes content of this order and its amendments on its Internet page. The text of the amendments of the order is not published in the official collection of federal law; the changes are however mentioned each month. The full text of the amendments can be obtained at the office.

New content according to section 7 of Schedule 7 to the O from 26 oct. 2011 on agricultural imports, in effect since Jan. 1. 2012 (2011 5325 RO).

Art. 20 control of compliance the Agency service charge a private organisation of execution of control of compliance with the standards of the European Community.
The term of delivery is assigned by contract, for a maximum period of four years. There is no right to the conclusion of a mandate of compliance.

Control of compliance costs are the responsibility of the office and the organization.
The Corporation is authorized to collect a fee to cover the costs of compliance who are dependants. The amount of the fee is equal for all taxpayers.
The Agency monitors the organization charged with the execution of the compliance check.

New content according to chapter I of the O on March 8, 2002, in force since June 1, 2002 (RO 2002 936).

Section 2 data necessary art. Data 21releve cantons are responsible for the data provided for in art. 49 of the order of October 26, 2011 on agricultural imports.

New content according to section 7 of Schedule 7 to the O from 26 oct. 2011 on agricultural imports, in effect since Jan. 1. 2012 (2011 5325 RO).
RS 916.01 art. 22 the office coordination services can load services to coordinate the activities of the cantons referred to in art. 21 and perform other tasks.
It can load coordination services the data provided for in art. 49 of the order of October 26, 2011 on agricultural imports.
The term of delivery is assigned by contract, for a maximum period of four years. There is no right to the conclusion of a term of delivery.
The Board may pay compensation to this effect.
It monitors the services mentioned in the al. 1 RS 916.01 new content according to section 7 of Schedule 7 to the O from 26 oct. 2011 on agricultural imports, in effect since Jan. 1. 2012 (2011 5325 RO).

Section 3 measures administrative art. 23. the holder of an ERP which does not respect the loads prescribed in art. 6, al. 2, must pay the THC on the imported goods.

New content according to Chapter 51 of annex 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).

Section 4 provisions final art. 24 running the office is responsible for the execution of this order.

Art. 25 repealed by no IV 65 of the O on August 22, 2007 relating to the formal update of federal law, with effect from Jan 1. 2008 (RO 2007 4477).

Art. 26 entry into force this order comes into force on January 1, 1999.

Annex 1 (art. 1 and 9) vegetables and fruit marketing community for the goods listed below standards are laid down in the implementing Regulation (EU) n 543/2011 of the Commission of 7 June 2011, establishing modalities of application of the Regulation (EC) n 1234/2007 of the Council with regard to the sectors of fruit and vegetables and fruits and processed vegetables.

N of the tariff description of the goods 0702 tomatoes, fresh or chilled 0703 onions, shallots, garlic, leeks and other forward vegetables, fresh or chilled 0704 cabbages, cauliflower, curly cabbage, Kohlrabi and edible products of Brassicas, fresh or chilled State 0705 lettuce (Lactuca sativa) and chicory (Chicorium spp.), fresh or refrigerated State 0706 carrots, turnips , beet salad, Salsify, celeriac, radishes and similar edible roots, fresh or refrigerated State 0707 cucumbers and gherkins, fresh or chilled State 0708 vegetables to pod, shelled or not, fresh or refrigerated ex 0709 other vegetables, fresh or chilled, excluding mushrooms not grown from the position 0709.5900, peppers of the Capsicum kind or the kind Pimenta 0709.6090 position 0709.9200 position, sweet corn and olives capers of the position 0709.9999 as well as from edible sprouts from the germination of seeds of heading 0709 ex 0802 other fruits to hulls, fresh or dry, even without their hulls or cracked, other than bitter almonds from the position 0802.1100, almonds without shells of the 0802.1200 position , 0802.22 position shelled hazelnuts, common position 0802.32 shelled coconut, pistachios of positions 0802.51 and 0802.52, positions 0802.61 and 0802.62 macadamia nuts, cola (Cola spp.) from the position 0802.7000 nuts, nuts of arec 0802.8000 position and other fruits in shells of the position 0802.90 ex 0803.1000 Plantains fresh 0804.2010 figs , fresh 0804.3000 pineapple 0804.4000 lawyers 0804.5000 guavas, mangoes and mangosteens 0806.1011, 0806.1012 fresh table grapes 0807 Melons (including watermelons) and papayas, charges 0808 apples, pears and quinces, fresh 0809 apricots, cherries, peaches (including nectarines and pound nectarines), plums and sloes, costs 0810 other fruit, costs 0910.9900 thyme, fresh or refrigerated State ex ex 1211.9000 basil, Melissa , mint, origanum vulgare (oregano/Marjoram vulgar), Rosemary, Sage, fresh or refrigerated State ex 1212.9299 husks, fresh formerly annex 2. New content according to section I of the O of the FOAG from 5 oct. 2011 (2011 5695 RO). Update according to section 7 of Schedule 7 to the O from 26 oct. 2011 on agricultural imports, in effect since Jan. 1. 2012 (RO 2011 5325 OJ L 157 of the 15.6.2011, p. 1.

State July 1, 2013 Appendix 2 (art. 4) market Organisation Group of the tariff the tariff number (designation) vegetables numbers costs and fresh fruit 1. "Tomatoes" 0702.0030/0039 0702.0090/0099 Group 2. Group "lollos' 0705.1930/1939 0705.1940/1949 3. Group "beans" 0708.2041/2049 2099-0708.2091 4. Group "celery in branches" 0709.4010/4019 0709.4020/4029 formerly annex 3. Introduced by section II al. 2 o on June 9, 2006, in force since Jan. 1. 2007 (RO 2006 2527).

State on July 1, 2013

Related Laws