Agreement on Agriculture. Between the Swiss Confederation and Hong Kong, China

Transcription

1 Agreement on Agriculture Between the Confederation and Hong Kong, China ARTICLE 1 Scope and Coverage 1. This Agreement concerning trade in agricultural products between the Confederation (hereinafter referred to as Switzerland ) and the Hong Kong Special Administrative Region of the People s Republic of China (hereinafter referred to as Hong Kong, China ) is concluded further to the Free Trade Agreement between the EFTA States and Hong Kong, China signed on 21 June 2011 (hereinafter referred to as the Free Trade Agreement ), and in particular pursuant to paragraph 2 of Article 2.1 of that Agreement. 2. For the purposes of this Agreement, Switzerland and Hong Kong, China are hereinafter referred to as the Parties. 3. This Agreement applies to trade between the Parties relating to agricultural products: (a) (b) classified in Chapters 1 to 24 of the Harmonized Commodity Description and Coding System (hereinafter referred to as the HS ) and not included in Annex II or Annex III to the Free Trade Agreement; or covered by Annex I to the Free Trade Agreement. 4. This Agreement shall likewise apply to the Principality of Liechtenstein as long as the Treaty of 29 March 1923 between Switzerland and the Principality of Liechtenstein remains in force. ARTICLE 2 Concessions 1. Hong Kong, China shall grant duty access for agricultural products originating in Switzerland as specified in Annex Switzerland shall grant tariff concessions to agricultural products originating in Hong Kong, China as specified in Annex 2.

2 - 2 - ARTICLE 3 Rules of Origin and Procedures 1. The rules of origin and the provisions on co-operation in customs matters set out in Annex IV to the Free Trade Agreement shall apply to this Agreement, except as provided for in paragraph 2. For the purposes of this Agreement, references to the EFTA States in that Annex shall be taken to refer to Switzerland. 2. For the purposes of this Agreement, Article 6 of Annex IV to the Free Trade Agreement shall not apply to products covered by this Agreement, which are exported from one EFTA State to another. ARTICLE 4 Dialogue The Parties shall examine any difficulties that might arise in their trade in agricultural products and shall endeavour to seek appropriate solutions through dialogue and consultations. 1 ARTICLE 5 Further Liberalisation The Parties undertake to continue their efforts with a view to achieving further liberalisation of their trade in agricultural products, taking account of the pattern of such trade between them, the particular sensitivities of such products, and the development of agricultural policy on either side. The Parties may in conjunction with the Joint Committee meetings consult, with a view to achieving this objective, including through improvements in market access by reduction or elimination of customs duties on agricultural products and through extension of the scope of agricultural products covered by this Agreement. ARTICLE 6 WTO Agreement on Agriculture The Parties confirm their rights and obligations under the WTO Agreement on Agriculture. 1 It is understood that the consultations pursuant to this paragraph shall be without prejudice to the rights and obligations of the Parties under Chapter 10 of the Free Trade Agreement or under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes.

3 - 3 - ARTICLE 7 Provisions of the Free Trade Agreement The following provisions of the Free Trade Agreement shall apply, mutatis mutandis, between the Parties to this Agreement: Articles 1.2, 1.4, 1.5, 1.6, 1.7, 2.4, 2.5, 2.6, 2.7, 2.8 2, 2.10, 2.12, 2.14, 2.15, 2.16, 2.17, paragraph 4 of Article 2.11 and paragraph 2 of Article 2.13 as well as Chapter 10. ARTICLE 8 Amendments 1. The Parties may agree on any amendment to this Agreement. 2. Unless the Parties agree otherwise, the amendments shall enter into force on the first day of the third month following the receipt of the last instrument of ratification, acceptance or approval. ARTICLE 9 Entry into Force and Relationship between this Agreement and the Free Trade Agreement 1. This Agreement shall enter into force on the same date as the Free Trade Agreement enters into force between Switzerland and Hong Kong, China. It shall remain in force as long as the Free Trade Agreement remains in force between them. 2. The Depositary of the Free Trade Agreement shall receive for information a copy of this Agreement together with a written confirmation that the necessary internal procedures have been fulfilled for entry into force of this Agreement at the same time as the Free Trade Agreement. 2 Except for Article 3 of Annex V to the Free Trade Agreement.

4 - 4 - IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement. Done at Schaan, this 21 st day of June 2011 in two originals in the English language. For the Confederation For the Hong Kong Special Administrative Region of the People s Republic of China

5 ANNEX 1 TARIFF CONCESSIONS BY HONG KONG, CHINA As of the date of entry into force of this Agreement, Hong Kong, China shall eliminate customs duties on products originating in Switzerland covering all products classified under HS Chapters 1 to 24, except for the products falling within the scope of the Free Trade Agreement between the EFTA States and Hong Kong, China referred to in subparagraphs 1 (b) and (c) of Article 2.1 of the Free Trade Agreement.

6 ANNEX 2 TARIFF CONCESSIONS BY SWITZERLAND 01 Live animals 0105 Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls - weighing not more than 185 g: fowls of the species Gallus domesticus turkeys other 0106 Other live animals - mammals: primates whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia) other reptiles (including snakes and turtles) - birds: birds of prey psittaciformes (including parrots, parakeets, macaws and cockatoos) other other 05 Products of animal origin, not elsewhere specified or included 0504 Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked rennet bags other 0506 Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinized; powder and waste of these products ossein and bones treated with acid

7 other 0511 Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption bovine semen: within the limits of the tariff quota (Q. No. 12) per usual unit - other: other 06 Live trees and other plants; bulbs, roots and the like;cut flowers and ornamental foliage 0601 Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant: tulips other bulbs, tubers, tuberous roots, corms, crowns and rhizomes, in growth or in flower; chicory plants and roots: chicory plants with earth ball, in tubs or pots, other than tulips and chicory plants in bud or in flower other 0602 Other live plants (including their roots), cuttings and slips; mushroom spawn unrooted cuttings and slips rhododendrons and azaleas, grafted or not roses, grafted or not: rose wildstock and wild standard roses other: - - seedlings or scions of useful plants; mushroom spawn: mushroom spawn 0603 Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared - fresh:

8 roses: from May 1 to October 25: within the limits of the tariff quota (Q. No. 13) from October 26 to April carnations: from May 1 to October 25: within the limits of the tariff quota (Q. No. 13) from October 26 to April orchids: from October 26 to April chrysanthemums: from October 26 to April from October 26 to April 30: tulips of ligneous plants other other: dried, natural 0604 Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared mosses and lichens: fresh or not further prepared than dried - other: fresh: of ligneous plants: Christmas trees and conifer branches other other not further prepared than dried other (bleached, dyed, impregnated, etc.) 07 Edible vegetables and certain roots and tubers

9 Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled onions and shallots: - - onion sets: from May 1 to June from July 1 to April 30: within the limits of the tariff quota (Q. No. 15) - - other onions and shallots: spring onions: from October 31 to March from April 1 to October 30: within the limits of the tariff quota (Q. No. 15) flat white onions of a diameter not exceeding 35 mm: from October 31 to March from April 1 to October 30: within the limits of the tariff quota (Q. No. 15) wild onions: from May 16 to May from May 30 to May 15: within the limits of the tariff quota (Q. No. 15) other onions of a diameter of 70 mm or more: from May 16 to May from May 30 to May 15: within the limits of the tariff quota (Q. No. 15) onions of a diameter of less than 70 mm, red or white, other than those of subheadings /1039: from May 16 to May from May 30 to May 15: within the limits of the tariff quota (Q. No. 15) other onions: from May 16 to May from May 30 to May 15: within the limits of the tariff quota (Q. No. 15) shallots garlic

10 Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption olives cucumbers and gherkins - mushrooms and truffles: mushrooms of the genus Agaricus other other vegetables; mixtures of vegetables: capers 0712 Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared onions - mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles: mushrooms of the genus Agaricus wood ears (Auricularia spp.) jelly fungi (Tremella spp.) other 0714 Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith manioc (cassava): other sweet potatoes: other other: other 08 Edible fruit and nuts; peel of citrus fruit or melons 0801 Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled - coconuts:

11 desiccated other - Brazil nuts: in shell shelled - cashew nuts: in shell shelled 0802 Other nuts, fresh or dried, whether or not shelled or peeled - almonds: in shell shelled - walnuts: in shell: other shelled: other chestnuts (Castanea spp.) pistachios macadamia nuts other: tropical fruit and tropical nuts other 0804 Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried dates figs: raw dried pineapples avocados guavas, mangoes and mangosteens 0805 Citrus fruit, fresh or dried

12 oranges mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids grapefruit, including pomelos lemons (Citrus limon, Citrus limonum) and limes (Citrus aurantifolia, Citrus Latifolia) other 0806 Grapes, fresh or dried dried 0807 Melons (including watermelons) and papaws (papayas), fresh - melons (including watermelons): watermelons other papaws (papayas) 0808 Apples, pears and quinces, fresh apples: - - for cider making or distilling: within the limits of the tariff quota (Q. No. 20) - - other apples: in open packings: from June 15 to July from July 15 to June 14: within the limits of the tariff quota (Q. No. 17) in other packings: from June 15 to July from July 15 to June 14: within the limits of the tariff quota (Q. No. 17) pears and quinces: - - for cider making or distilling: within the limits of the tariff quota (Q. No. 20) - - other pears and quinces: in open packings: from April 1 to June from July 1 to March 31: within the limits of the tariff quota (Q. No. 17) in other packings: from April 1 to June 30

13 from July 1 to March 31: within the limits of the tariff quota (Q. No. 17) 0809 Apricots, cherries, peaches (including nectarines), plums and sloes, fresh apricots: - - in open packings: from 1 September to 30 June from 1 July to 31 August: within the limits of the tariff quota (Q. No. 18) - - in other packings: from September 1 to June from 1 July to 31 August: within the limits of the tariff quota (Q. No. 18) cherries: from September 1 to May from May 20 to August 31: within the limits of the tariff quota (Q. No. 18) plums and sloes: - - in open packings: plums: from October 1 to June from July 1 to September 30: within the limits of the tariff quota (Q. No. 18) sloes - - in other packings: plums: from October 1 to June from July 1 to September 30: within the limits of the tariff quota (Q. No. 18) sloes 0810 Other fruit, fresh strawberries: from September 1 to May from May 15 to August 31: within the limits of the tariff quota (Q. No. 19) raspberries, blackberries, mulberries and loganberries: - - raspberries: from 15 September to 31 May from June 1 to September 14:

14 within the limits of the tariff quota (Q. No. 19) - - blackberries: from 1 November to 30 June from July 1 to October 31: within the limits of the tariff quota (Q. No. 19) mulberries and loganberries cranberries, bilberries and other fruits of the genus Vaccinium kiwifruit durians other: tropical fruit and tropical nuts - - black, white or red currants: from September 16 to June from June 15 to September 15: within the limits of the tariff quota (Q. No. 19) gooseberries other 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: - - tropical fruit and tropical nuts: carambolas other 0812 Fruit and nuts, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption other: tropical fruit and tropical nuts 0813 Fruit, dried, other than that of headings Nos to 0806; mixtures of nuts or dried fruits of this Chapter prunes: whole other other fruit:

15 pears: other other stone fruit, whole: other Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions 09 Coffee, tea, mate and spices 0904 Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or the genus Pimenta - pepper: neither crushed nor ground crushed or ground fruits of the genus Capsicum or of the genus Pimenta, dried or crushed or ground: unworked other Vanilla 0906 Cinnamon and cinnamon-tree flowers - neither crushed nor ground: cinnamon (Cinnamomum zeylanicum Blume) other broken or powdered Cloves (whole fruit, cloves and stems) 0908 Nutmeg, mace and cardamoms nutmeg: unprocessed other mace: unworked other cardamoms: unworked other

16 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries seeds of anise or badian seeds of coriander seeds of cumin seeds of caraway seeds of fennel; juniper berries 0910 Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices ginger turmeric (curcuma) - other spices: mixtures referred to in Note 1 b) to this Chapter other 10 Cereals 1001 Wheat and meslin other: other 1002 Rye - other: other 1003 Barley - other: other 1004 Oats - other: other 1005 Maize (corn) other: other 1006 Rice rice in the husk (paddy or rough): other husked (brown) rice: other

17 semi-milled or wholly milled rice, whether or not polished or glazed: other broken rice: other 1008 Buckwheat, millet and canary seed; other cereals buckwheat: other millet: other canary seed: other other cereals: - - triticale: other for human consumption: wild rice (Zizania aquatica) other 11 Products of the milling industry; malt; starches;inulin; wheat gluten 1101 Wheat or meslin flour other 1102 Cereal flours other than of wheat or meslin rye flour: other maize (corn) flour: other other: - - triticale flour: other other

18 Flour, meal and powder of the dried leguminous vegetables of heading 0713, of sago or of roots or tubers of heading 0714 or of the products of Chapter of sago or of roots or tubers of heading 0714: other of the products of Chapter 8: other 1108 Starches; inulin - starches: wheat starch: other maize (corn) starch: other potato starch: other manioc (cassava) starch: other other starches: rice starch: other other inulin: other 12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder 1202 Ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken in shell: for human consumption shelled, whether or not broken: for human consumption 1204 Linseed, whether or not broken - other: for technical purposes 1208 Flours and meals of oil seeds or oleaginous fruits, other than those of mustard

19 of soya beans: other other: other 1209 Seeds, fruit and spores, of a kind used for sowing sugar beet seed: other - seeds of forage plants: other seeds of herbaceous plants cultivated principally for their flowers - other: vegetable seeds other 1210 Hoph cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin hop cones, neither ground nor powdered nor in the form of pellets hop cones, ground, powdered or in the form of pellets; lupulin 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 ginseng roots coca leaf poppy straw other 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 other - other: sugar beet: other dried chicory roots: other locust beans, including locust bean seeds: locust bean seeds other other 1213 Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets for technical purposes 1214 Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and similar forage products, whether or not in the form of pellets lucerne (alfalfa) meal and pellets: other other: other 13 Lac; gums, resins and other vegetable saps and extracts gum arabic other: natural balsams other 15 Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes 1508 Ground-nut oil and its fractions, whether or not refined, but not chemically modified other: - - fractions having a fusion point higher than that of ground-nut oil: -

21 ex in tanks or metal drums ex other - ex in tanks or metal drums ex other 1515 Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified sesame oil and its fractions: - - crude oil: ex other - ex in tanks or metal drums ex other 16 Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates 17 Sugars and sugar confectionery 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: syrup 18 Cocoa and cocoa preparations Cocoa beans, whole or broken, raw or roasted 1802 Cocoa shells, husks, skins and other cocoa waste other 20 Preparations of vegetables, fruit, nuts or other parts of plants 2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid other: - - fruit and nuts: tropical for technical purposes for technical purposes for technical purposes for technical purposes for technical purposes for technical purposes for technical purposes

22 Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid truffles 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included - nuts, ground-nuts and other seeds, whether or not mixed together: other, including mixtures: tropical fruit and tropical nuts - other, including mixtures other than those of subheading : pulp, not containing added sugar or other sweetening matter: of tropical fruits - ex other parts of plants 23 Residues and waste from the food industries; prepared animal fodder 2301 Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves flours, meals and pellets, of meat or meat offal; greaves: other 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): other of wheat: other of other cereals: - - of rice: other other of leguminous plants: other Ginger

23 Residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets residues of starch manufacture and similar residues: other beet-pulp, bagasse and other waste of sugar manufacture: other brewing or distilling dregs and waste: other 2304 Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil other 2305 Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of ground-nut oil other 2306 Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading 2304 or of cotton seeds: other of linseed: other of sunflower seeds: other - of rape or colza seeds: of low erucic acid rape or colza seeds: other other of coconut or copra: other of palm nuts or kernels: other other:

24 of maize (corn) germ: other other Wine lees; argol 2308 Vegetable materials and vegetable waste, vegetable residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included other 2309 Preparations of a kind used in animal feeding other: forage preparations, with a basis of crushed shells; bird feeds, mineral other 24 Tobacco and manufactured tobacco substitutes 2401 Unmanufactured tobacco; tobacco refuse tobacco, not stemmed/stripped: for the industrial manufacture of cigars, cigarettes, smoking tobacco, chewing tobacco, roll tobacco and snuff tobacco, partly or wholly stemmed/stripped: for the industrial manufacture of cigars, cigarettes, smoking tobacco, chewing tobacco, roll tobacco and snuff tobacco refuse: for the industrial manufacture of cigars, cigarettes, smoking tobacco, chewing tobacco, roll tobacco and snuff 2403 Other manufactured tobacco and manufactured tobacco substitutes; «homogenized» or «reconstituted» tobacco; tobacco extracts and essences - other: tobacco essences