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Agreement on Agriculture between Canada and the Swiss Confederation [2009] CATSer 7 (1 July 2009)

E105107

AGREEMENT ON AGRICULTURE BETWEEN CANADA AND THE SWISS CONFEDERATION

Canada and the Swiss Confederation (hereinafter referred to as “ Switzerland ”),

RECALLING that a Free Trade Agreement between Canada and the States of the European Free Trade Association ( Iceland, Liechtenstein, Norway and Switzerland), hereinafter referred to as the “Free Trade Agreement”, was done on the date of signature of this Agreement; and

CONFIRMING that this Agreement forms part of the instruments establishing the free trade area between Canada and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation (the “EFTA States”) in accordance with paragraph 2 of Article 3 of the Free Trade Agreement;

HAVE AGREED as follows:

ARTICLE 1

1. This Agreement governs the trade in the following products between the Parties to this Agreement:

(a) products classified in Chapters 1 through 24 of the Harmonized Commodity Description and Coding System, and not included in Annexes G or H of the Free Trade Agreement; and

(b) products not covered by Article 10 of the Free Trade Agreement according to Annex F of that Agreement.

2. This Agreement shall likewise apply to the Principality of Liechtenstein as long as the Customs Union Treaty of 29 March 1923 between Switzerland and the Principality of Liechtenstein remains in force.

ARTICLE 2

1. Canada shall grant tariff concessions to agricultural products originating in Switzerland as specified in Annex 1 to this Agreement. Switzerland shall grant tariff concessions to agricultural products originating in Canada as specified in Annex 2 to this Agreement.

2. Paragraph 1 shall not prevent either Party from introducing, reintroducing or increasing a customs duty vis-à-vis the other Party that is authorized by or pursuant to the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994, in particular pursuant to the rules and procedures on dispute settlement, but excluding any modification of schedules and tariff modifications in accordance with Article XXVIII of the General Agreement on Tariffs and Trade 1994.

ARTICLE 3

The Parties undertake to continue their efforts with a view to achieving further liberalisation of their agricultural trade taking account of the pattern of trade in agricultural products between the Parties, the particular sensitivities of such products, and the development of agricultural policy on both sides. The Parties shall, at the request of either Party, consult for the purpose of achieving further liberalisation of their agricultural trade, including improvements in market access by reduction or elimination of customs duties on goods and extending the scope of products covered by Annex 1 and Annex 2, after the entry into force of this Agreement.

ARTICLE 4

The following provisions and chapter of the Free Trade Agreement shall apply, mutatis mutandis, between the Parties to this Agreement and are hereby incorporated into and made part of this Agreement: Articles 2, 4 through 8, 19, 22, 24, 25, and Chapter VIII (Dispute Settlement).

ARTICLE 5

1. The Parties shall examine any issue that may arise in their trade in agricultural products pursuant to this Agreement and shall endeavour to find appropriate solutions. Issues that have a bearing on the operation of the free trade area between Canada and the EFTA States may also be discussed in the Joint Committee established by Article 26 of the Free Trade Agreement or in any relevant sub-committee or working group established by Article 9 of the Free Trade Agreement or by the Joint Committee.

2. Any issue that may arise from the application of provisions of the Free Trade Agreement that have been incorporated into and made part of this Agreement by virtue of Article 4 may be referred by either Party to the Joint Committee or to any relevant sub-committee or working group established by the Joint Committee.

ARTICLE 6

The Parties confirm that products subject to tariff concessions in accordance with Article 2, do not benefit in their bilateral trade from export subsidies as defined in the WTO Agreement on Agriculture. Either Party shall provide further information and clarification to the other Party with respect to this commitment upon request.

ARTICLE 7

Should a Party introduce or re-introduce a subsidy on exports of a product that is subject to a tariff concession in accordance with Article 2 and that is traded with the other Party, the other Party may increase the rate of duty on such imports up to the applied most-favoured-nation tariff in effect at that time.

ARTICLE 8

For agricultural products other than those mentioned in Annex 1 and Annex 2, the Parties reaffirm their rights and obligations in respect of market access concessions and export subsidy commitments under the WTO Agreement on Agriculture.

ARTICLE 9

The rights and obligations of the Parties relating to domestic support commitments shall be governed by the WTO Agreement on Agriculture.

ARTICLE 10

Where this Agreement refers to or incorporates by reference extraneous agreements or legal instruments, or specific provisions therein, such references are intended to include related interpretative and explanatory notes.

ARTICLE 11

1. This Agreement is subject to ratification, acceptance or approval. The Parties shall exchange their instruments of ratification, acceptance or approval.

2. This Agreement shall enter into force on the same date as the Free Trade Agreement enters into force between Canada and Switzerland.

3. This Agreement may be applied provisionally between Canada and Switzerland, as long as the Free Trade Agreement is applied provisionally between them.

ARTICLE 12

This Agreement shall remain in force as long as the Parties to it remain Parties to the Free Trade Agreement.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.

Done in duplicate at Davos, this 26th day of January 2008, in the English and French languages, each version being equally authentic.

David L. Emerson

FOR CANADA

Doris Leuthard

FOR THE SWISS CONFEDERATION

E105107_2

Annex 1

Reductions of customs duties granted by Canada to Switzerland

Tariff Line

Description of products

Most Favoured Nation Applied Rate

Offered Rate of Duty

02.10

Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal.

0210.1

Meat of swine:

0210.12.00

Bellies (streaky) and cuts thereof

free

free

0210.19.00

Other

free

free

0210.20.00

Meat of bovine animals

free

free

04.04

Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included.

0404.90

Other

0404.90.10

Within access commitment

6.5 %

free

04.05

Butter and other fats and oils derived from milk; dairy spreads.

0405.20

Dairy spreads

0405.20.10

Within access commitment

7 %

free

04.06

Cheese and curd.

0406.30

Processed cheese, not grated or powdered

0406.30.10

Within access commitment

3.32¢/kg

free

0406.90

Other cheese

0406.90.71

Swiss/Emmental and Swiss/Emmental types: Within access commitment

3.32¢/kg

free

0406.90.81

Gruyère and Gruyère types: Within access commitment

3.32¢/kg

free

0406.90.98

Other: Other, within access commitment

3.32¢/kg

free

05.06

Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinized; powder and waste of these products.

0506.90.00

Other

free

free

05.11

Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption.

0511.10.00

Bovine semen

free

free

07.13

Dried leguminous vegetables, shelled, whether or not skinned or split.

0713.20.00

Chickpeas (garbanzos)

free

free

0713.40.00

Lentils

free

free

0713.50

Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor)

0713.50.10

Seed in bulk or in packages of a weight exceeding 500 g each

free

free

0713.50.90

Other

2 %

free

08.06

Grapes, fresh or dried.

0806.20.00

Dried

free

free

08.07

Melons (including watermelons) and papaws (papayas), fresh.

0807.1

Melons (including watermelons):

0807.11.00

Watermelons

free

free

0807.19.00

Other

free

free

0903.00.00

Maté.

free

free

09.04

Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta.

0904.20

Fruits of the genus Capsicum or of the genus Pimenta, dried or crushed or ground

0904.20.10

Crushed or ground, excluding chili peppers and paprikas

3 %

free

0904.20.90

Other

free

free

0907.00

Cloves (whole fruit, cloves and stems).

0907.00.10

Neither crushed nor ground

free

free

0907.00.20

Crushed or ground

3 %

free

09.10

Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices.

0910.99

Other

0910.99.10

Curry

free

free

0910.99.90

Other

3 %

free

1204.00.00

Linseed, whether or not broken.

free

free

1206.00.00

Sunflower seeds, whether or not broken.

free

free

12.11

Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered.

1211.20

Ginseng roots

1211.20.10

Herbal "tea" in bags for individual servings

free

free

1211.20.90

Other

free

free

1211.90

Other

1211.90.10

Herbal "tea" in bags for individual servings

free

free

1211.90.90

Other

free

free

16.02

Other prepared or preserved meat, meat offal or blood.

1602.4

Of swine:

1602.41

Hams and cuts thereof

1602.41.10

In cans or glass jars

9.5 %

free

1602.41.90

Other

free

free

1801.00.00

Cocoa beans, whole or broken, raw or roasted.

free

free

20.09

Fruit juices (incl. Grape must) & vegetable juices, unfermented & not containing added spirit, whether or not containing added sugar or other sweetening matter

2009.1

Orange juice

2009.11

Frozen

2009.11.10

Unsweetened concentrate, of Brix>58 for use in mfg of citrus fruit juices or beverages

free

free

2009.11.90

Other

free

free

2009.12

Not frozen, of Brix<20

free

free

2009.19

Other

2009.19.10

Dehydrated; unsweet concentrate, of brix>58, for use in mfg of citrus fruit juices

free

free

2009.19.90

Other

free

free

2009.2

Grapefruit juice (including pomelo juice)

2009.21

Of Brix <20

free

free

2009.29

other

free

free

2009.3

Juice of any other single citrus fruit

2009.31

Of Brix<20

free

free

2009.39

Other

free

free

2009.4

Pineapple juice

2009.41

Of brix<20

free

free

2009.49

Other

free

free

2009.5

Tomato juice

12.5 %

free

2009.6

Grape juice (including grape must)

2009.61

Of Brix<30

2009.61.10

Grape juice for wine-making

free

free

2009.61.90

Other

9.5 %

free

2009.69

Other

2009.69.10

Grape concentrate, of Brix>68, for use in mfg of fruit juice or beverages; grape juice for wine-making

free

free

2009.69.90

Other

9.5 %

free

2009.7

Apple

2009.71

Of Brix<20

2009.71.10

Reconstituted

9.35¢/li
but >8.5 %

free

2009.71.90

Other

4 %

free

2009.79

Other

2009.79.10

Concentrated

9.35¢/li
but >8.5 %

free

2009.79.90

Other

4 %

free

2009.8

Juice of any other single fruit or vegetable

2009.80.1

Of a fruit

2009.80.11

Prunes

free

free

2009.80.19

other

free

free

2009.80.20

Of a vegetable

9.5 %

free

2009.9

Mixture of juices

2009.90.10

Of citrus fruit juices, dehydrated

free

free

2009.90.20

Of orange & grapefruit juices, other than dehydrated

free

free

2009.90.30

Of other fruit juices,whether or not dehydrated

6 %

free

2009.90.40

Of vegetable juices

9.5 %

free

21.06

Food preparations, not nes

2106.9

Other

2106.90.41

Cheese fondue; popping corn, prepared & packaged for use in microwave ovens

2106.90.41.10

Cheese fondue

6 %

free

2106.90.42

Protein hydrolysates

6 %

free

22.07

Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher; ethyl alcohol and other spirits, denatured, of any strength.

2207.10

Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher

2207.10.10

For use as a spirituous or alcoholic beverage or for use in the manufacture of spirituous or alcoholic beverages

12.28¢/litre of absolute ethyl alcohol

free

2207.10.90

Other

4.92¢/litre of absolute ethyl alcohol

free

23.02

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants.

2302.10.00

Of maize (corn)

free

free

Note:

Please note that concessions apply only to the eight-digit tariff lines listed in this Annex. Headings and/or subheadings were included for descriptive purposes only.

_______________


Annex 2

Reductions of customs duties granted by Switzerland to Canada

Tariff Headings

Description of products

Rate of duty

Preferential duty rate applied

Most Favoured Nations duty rate applied minus

1

2

3

4

0205.

Meat of horses, asses, mules or hinnies, fresh, chilled or frozen:

00 10

- Imported within the limits of the tariff quota (Q. No. 5)*

11.00

0208.

Other meat and offal, fresh, chilled or frozen:

- Other:

ex90 10

- - Of game animals: Wapiti

free

0405.

Butter and other fats and oils derived from milk; dairy spreads:

- Dairy spreads:

- - Within the limits of the tariff quota (Q. No. 7):

20 11

- - - of a fat content, by weight, of 39 % or more but less than 75 %

*)

- - Other:

20 91

- - - of a fat content, by weight, of 39 % or more but less than 75 %

*)

*) customs duty in accordance with Articles 1 and 2 of Annex G (Processed agricultural products) of the Free Trade Agreement.

0409.0000

Natural honey:

26.00

ex 0000

- for industrial processing

free

0506.

Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised; powder and waste of these products:

ex 90 00

- Other, not for animal feeding

free

0511.

Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption:

- Bovine semen:

10 10

- - Within the limits of the tariff quota (Q. No. 12)*

free

- Other:

- - Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3:

ex 91 90

- - - Other, not for animal feeding

free

0709.

Other vegetables, fresh or chilled:

- Mushrooms and truffles:

51 00

- - Mushrooms of the genus Agaricus

free

59 00

- - Other

free

0712.

Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared:

- Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles

31 00

- - Mushrooms of the genus Agaricus

free

32 00

- - Wood ears (Auricularia spp.)

free

33 00

- - Jelly fungi (Tremella spp.)

free

39 00

- - Other

free

0713.

Dried leguminous vegetables, shelled, whether or not skinned or split:

- Peas (Pisum sativum):

- - Whole, unprocessed:

10 19

- - - Other

free

- Chickpeas (garbanzos):

- - Whole, unprocessed:

20 19

- - - Other

free

- Beans (Vigna spp., Phaseolus spp.):

- - Kidney beans, including white pea beans (Phaseolus vulgaris) :

- - - Whole, unprocessed:

33 19

- - - - Other

free

- Lentils:

- - Whole, unprocessed:

40 19

- - - Other

free

- Broad beans (Vicia faba var. Major) and horse beans (Vicia faba var. equina, Vicia faba var. minor):

- - Whole, unprocessed:

50 19

- - - Other

free

0806.

Grapes, fresh or dried:

20 00

- Dried

free

0807.

Melons (including watermelons) and papaws (papayas), fresh:

- Melons (including watermelons):

11 00

- - watermelons

free

19 00

- - Other

free

0809.

Apricots, cherries, peaches (including nectarines), plums and sloes, fresh:

- Cherries:

20 10

- - From September 1 to May 19

free

0811.

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter:

- Other:

90 10

- - Bilberries

free

90 90

- - Other

free

0903.0000

Maté

free

0904.

Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or the genus Pimenta:

- Fruits of the genus Capsicum or of the genus Pimenta, dried or crushed or ground:

20 10

- - Not processed

free

20 90

- - Other

free

0905.0000

Vanilla

free

0907.0000

Cloves (whole fruit, cloves and stems)

free

0910.

Ginger, saffron, turmeric (curcuma) , thyme, bay leaves, curry and other spices:

- Other spices:

ex 99 00

- - Other; thyme, bay leaves

free

1001.

Wheat and meslin:

- Durum wheat:

- - Other:

- - - For human consumption:

ex 10 32

- - - - Imported within the limits of the tariff quota (Q. No. 26)

1.00

1202.

Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken:

- In shell:

- - Other:

10 91

- - - For human consumption

free

10 99

- - - Other

free

- Shelled, whether or not broken:

- - Other:

20 91

- - - For human consumption

free

20 99

- - - Other

free

1204.

Linseed, whether or not broken:

- Other:

00 91

- - For technical purposes

free

00 99

- - Other

free

1206.

Sunflower seeds, whether or not broken:

- Not hulled:

- - Other:

00 31

- - - For human consumption

free

00 39

- - - Other

free

- Hulled:

- - Other:

00 61

- - - For human consumption

free

00 69

- - - Other

free

1207.

Other oil seeds and oleaginous fruits, whether or not broken:

- Mustard seeds:

- - Other:

50 91

- - - For human consumption

free

1209.

Seeds, fruit and spores, of a kind used for sowing:

- Sugar beet seed:

10 90

- - Other

free

- Seeds of forage plants:

21 00

- - Lucerne (alfalfa) seed

free

22 00

- - Clover (Trifolium spp.) seed

free

23 00

- - Fescue seed

free

24 00

- - Kentucky blue grass (Poa pratensis L.) seed

free

25 00

- - Rye grass (Lolium multiflorum Lam., Lolium perenne L.) seed

free

- - Other:

29 60

- - - Timothy grass seed

free

29 80

- - - Seeds of cock's foot, yellow oat grass, tall oat grass, brome grass and the like

free

29 90

- - - Other

free

30 00

- Seeds of herbaceous plants cultivated principally for their flowers

free

- Other:

91 00

- - Vegetable seeds

free

.

1211.

Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered:

20 00

- Ginseng roots

free

30 00

- Cocoa leaf

free

40 00

- Poppy straw

free

90 00

- Other

free

1212.

Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included:

- Seaweeds and other algae:

20 90

- - Other

free

1514.

Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified:

- Low erucic acid rape or colza oil and its fractions:

- - Crude oil:

ex 11 90

- - - Other, for technical purposes only

133.70

- - Other:

- - - Other:

ex 19 91

- - - - In tanks or metal drums, for technical purposes only

145.00

ex 19 99

- - - - Other, for technical purposes only

155.20

- Other:

- - Crude oil:

ex 91 90

- - - Other, for technical purposes only

133.70

- - Other:

- - - Other:

ex 99 91

- - - - In tanks or metal drums, for technical purposes only

145.00

ex 99 99

- - - - Other, for technical purposes only

155.20

1515.

Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified:

- Castor oil and its fractions:

- - Other:

ex 30 91

- - - In tanks or metal drums, for technical purposes

free

ex 30 99

- - - Other, for techncial purposes

free

1702.

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

- Maple sugar and maple syrup:

20 20

- - In syrup form

free

1801.0000

Cocoa beans, whole or broken, raw or roasted

free

20.09.

Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter:

- Juice of any other single citrus fruit:

- - Of a Brix value not exceeding 20:

- - - Not containing added sugar or other sweetening matter:

31 11

- - - - Crude lemon juice (whether or not stabilized)

free

- - Other:

- - - Not containing added sugar or other sweetening matter:

39 11

- - - - Agro-cotto

free

39 19

- - - - Other

6.00

- Pineapple juice:

- - Of a Brix value not exceeding 20:

41 10

- - - Not containing added sugar or other sweetening matter

free

41 20

- - - containing added sugar or other sweetening matter

free

- - Other:

49 10

- - - Not containing added sugar or other sweetening matter

free

49 20

- - - containing added sugar or other sweetening matter

free

2204.

Wine of fresh grapes, including fortified wines; grape must other than that of heading No. 2009:

10 00

- Sparkling wine

65.00

- Other wine; grape must with fermentation prevented or arrested by the addition of alcohol:

- - In containers holding 2 litres or less:

21 50

- - - Sweet wine, specialities and mistelles

7.50

- - Other:

29 50

- - - Sweet wines, specialities and mistelles

8.00

2207.

Undenatured alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl acohol or other spirits, denatured, of any strength:

10 00

- undenatured alcohol of an alcoholic strength by volume of 80 % or higher

free

2302.

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants:

- Of maize (corn) :

10 90

- - Other

free

2309.

Preparations of a kind used in animal feeding:

- Dog or cat food, put up for retail sale:

10 10

- - Biscuits

free

- - in airtight containers:

10 29

- - - Other, within a tariff quota of 1'000 tons per year

free

Explanatory Note to Annex 2:

In case of discrepancies regarding product description in column 2, the Swiss Tariff Law shall prevail.

______________


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