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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 |
free |
2009.71.90 |
Other |
4 % |
free |
2009.79 |
Other |
||
2009.79.10 |
Concentrated |
9.35¢/li |
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
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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