3.121.  In June 2017, Switzerland notified to the WTO the framework of legislative acts that entered into force in May 2017, along with Switzerland's new food legislation (Federal Law of 20 June 2014 on Foodstuffs and Utility Articles (RS 817.0)).[421] This major revision of the food regulation was intended to harmonize the Swiss law with EU law and to eliminate trade barriers while maintaining already existing bilateral agreements.[422] Nevertheless, some differences remain, as it is mandatory for all prepacked food products sold in Switzerland to include the country or region of production, contrary to some prepacked food products sold in the European Union. The new Swiss legislation includes many of the Codex Alimentarius and World Organisation for Animal Health (OIE) Terrestrial Animal Health Code standards

3.122.  Since the implementation of this revision, all food items that are safe and meet the legal requirements are now allowed to be placed in the market; previously, food items were required to either be described in an ordinance or approved by the authorities.[423] With the end of the former "positive principle", what is not forbidden is now authorized.[424] It is the responsibility of manufacturers, transporters, importers, exporters, and more broadly any party involved in the trade of food to ensure the appropriate self‑check on the safety of the products. The relevant authorities can proceed to further controls. The Federal Food Safety and Veterinary Office (FSVO) is responsible for food safety requirements and that imported food complies with applicable regulations.[425] Imports or transit of animals and products containing material of animal origin from non‑EU countries are submitted to controls from the Border Veterinary Service (operated by the FSVO) and must comply with the regulations of the Ordinance of 18 November 2015 on the Import, Transit and Export of Animals and Animal Products in Transactions with Third Countries (RS 916.443.10).[426]

3.123.  Under the new law, tobacco products are no longer included in the definition of food, but as long as a new tobacco law has not been enacted (in 2025 at the latest), the provisions of the Food Law for tobacco and tobacco products will stay in force.[427] Foodstuffs, objects and materials, cosmetic products, and toys must be traceable at any step of production, transformation, and distribution.[428] Micro‑enterprises (up to nine employees) benefit from relaxed requirements in this regard to reduce their administrative burden

3.124.  Under the Customs Union Treaty, Liechtenstein applies Switzerland's SPS measures. Border veterinary controls for trade in animals and animal products between Switzerland, Liechtenstein, and the European Union were abolished in 2009.[429] Norway joined the common veterinary area in 2012. Iceland is part of the common veterinary area only with regard to fishery products.[430] The simplified import conditions for animals and animal products imported from the European Union are laid out under the Agreement on Agriculture between Switzerland and the European Union of 1999 (as amended in 2020). Liechtenstein joined the Agreement in 2007. Annex 11 of the Agreement, known as the Veterinary Agreement, governs the control of certain animal diseases and their notification, trade between Switzerland and the European Union of living animals and their products, imports from third countries, and animal breeding. Switzerland concluded a Veterinary Agreement with New Zealand, which entered into force in 2012 and recognizes the equivalence in their respective regulations for trade in several animal species.[431] As per Article 16, the Agreement also applies to Liechtenstein

3.125.  Importers of live animals and animal non‑food products from the European Union and from third countries, as well as importers of animal food products from third countries[432], must be registered in TRACES (the European Union's electronic information and traceability system)[433], and in the case of Liechtenstein, the Food and Veterinary Office. Imports of food from animal origin from third countries should also be accompanied by a veterinary or health certificate delivered by a control entity from the country of exportation that has been approved by the common veterinary area.[434] Through its EEA EFTA membership, Liechtenstein is a full member of the Rapid Alert System for Food and Feed along with all EU/EEA countries, while Switzerland is a partial member of the system as far as border rejections of product of animal origin are concerned.[435]

3.126.  The specific label requirements for organic food are determined by the Federal Department of Economic Affairs, Education and Research (EAER), and are set in the Ordinance of 22 September 1997 on Organic Farming and the Labelling of Organically Produced Products and Foodstuffs (RS 910.18) as amended in 2021. Imported products may be labelled as organic if they have been produced and prepared in accordance with rules equivalent to those detailed in the Ordinance and that production is subject to an inspection procedure also equivalent to that laid out in the Ordinance. A list of countries that are able to guarantee that their products meet these conditions was established by the FOAG.[436] Since 2020, a "GMO free" label is available for food of animal origin, to help consumers make more informed choices.[437] According to the Ordinance of 26 November 2003 on the Declaration of Agriculture Products From Non‑Permitted Productions Methods in Switzerland (RS 916.51) as amended in 2020, food imports produced in a manner prohibited in Switzerland must be labelled as such. Food products destined for exportation that are not compliant with Swiss requirements must be clearly labelled as meant for exportation

3.127.  In 2015, the Government launched the Strategy on Antibiotic Resistance to protect human and animal health. Between 2008 and 2018, the consumption of antibiotics for veterinary purposes was halved.[438] In 2019, a national information network was created to register veterinary antibiotics prescriptions.[439] One of the Strategy's objectives is to conduct studies measuring the impact of cross‑border trade in animals and animal products on antibiotic resistance. The Strategy also highlights the importance of international cooperation to tackle this challenge and notes Switzerland's participation in EU working groups on this subject.[440]

3.128.  During the review period, Switzerland elaborated a new regulation on plant health. Swiss and EU phytosanitary regulations are harmonized, and thus the new Swiss legislation is aligned with the provisions of the EU Plant Health Regulation 2016/2031, which entered into force in 2016 and has been applicable since 14 December 2019 and replaced the Directive 2000/29/EC. The fundamental Swiss provisions are contained in the Ordinance of 21 October 2018 on the Protection of Plants against Particularly Dangerous and Harmful Organisms (RS 916.20), which entered into force in 2020. It superseded the Ordinance of 27 October 2010 on Plant Protection (RS 916.20) and introduced stricter requirements and increased preventive measures. Its implementing provisions are set out in the Ordinance of 14 November 2019 on Plant Health (RS 916.201), which lists quarantine pests, regulated non‑quarantine pests, and commodities for which importation from third countries is prohibited or which must be accompanied by a phytosanitary certificate or plant passport, or other specific relevant documents. The Ordinances of 29 November 2019 on Phytosanitary Measures for Agriculture and Productive Horticulture (RS 916.202.1) and of 29 November 2017 on Phytosanitary Measures for Forests (RS 916.202.2) specify in particular phytosanitary measures to prevent the introduction and spread of quarantine pests, as well organisms that potentially fulfil the requirements to be regulated as quarantine pests

3.129.  The FOAG and the FOEN jointly operate the Swiss Federal Plant Protection Service (SPPS). The SPPS aims at, inter alia, ensuring that imported products comply with the relevant plant legislation and thus at preventing the introduction of quarantine pests

3.130.  Switzerland, Liechtenstein, and the European Union form a common phytosanitary area in which plants and plant products can in principle be traded freely[441]. However, for some, notably plants intended for planting and certain seeds, a plant passport issued by authorized operators or by the competent authority in the country concerned is required, which certifies that the plants meet the health requirements and that the production sites are subject to regular official controls for domestic trade of plants within Switzerland and Liechtenstein and for trade with the European Union.[442]

3.131.  A phytosanitary certificate issued by an official authority is mandatory for all imports and exports from/to non‑EU countries of plants and certain plant products, such as vegetables, fruits, cut flowers, and seeds, and border controls apply.[443] Phytosanitary certificates for export are issued by the SPPS, which also carries out the phytosanitary import controls. Import permits are issued by the FOAG for certain plants and their products. Protected species must be accompanied by a CITES export permit issued by the country of origin.[444]

3.132.  Switzerland is a member of the International Plant Protection Convention. It is also a member of the European and Mediterranean Plant Protection Organization (EPPO), which develops standards on plant protection products and phytosanitary measures and makes recommendations for the regulation of pests to its member countries. Draft standards are first discussed by all EPPO members and adopted by consensus. Elaborated standards are then addressed as recommendations to EPPO member countries.[445]

3.133.  Switzerland notified to the WTO in 2019 the creation of a legal basis for the prohibition of importation of species of fauna and flora that can be easily confused with other protected and threatened species according to CITES.[446]

3.134.  Special regulations apply to products that are, contain, or are derived from GMOs. An authorization is required for placing these products on the market. After the authorization from the FSVO has been delivered, the manufacturers must regularly demonstrate to the FSVO that the characteristics of the authorized GMO food have not changed. The federal authorities will reassess the safety of the GMO based on the available science. The maximum duration of the authorization is 10 years. One soya line, three maize lines, two vitamins, two rennet enzymes, two types of sugar as an ingredient, and five processing aids are currently authorized in Switzerland for use in foods.[447] The moratorium on approvals for the cultivation of biotechnology crops was extended in 2021 for four more years as some regulatory aspects still needed to be clarified before its waiver. As of early 2022, GMO cultivation is allowed in Switzerland only for research purposes

3.135.  Over the review period, no STC was raised in the SPS Committee regarding Switzerland's or Liechtenstein's SPS measures, while Switzerland supported four concerns raised by other Members.[448] As Switzerland's SPS regulation is highly similar to the European Union's, the authorities indicated in their responses to WTO Members' questions during the last Review that they were closely following the STCs being raised regarding EU SPS measures. While Switzerland did not provide any SPS notification during the period 2011‑17, it submitted 14 regular notifications during the review period (Table 2.4), mostly related to harmonization of international SPS regulations such as from the World Health Organization or the European Union. Harmonization on SPS is all the more important as 60% of all Swiss exports in agricultural products go to the European Union, while 77% of all Swiss imports in agricultural products come from the European Union.[449]

3.104.  In principle, the Confederation has the exclusive authority for adopting technical regulations[385], while the cantons are mainly responsible for implementation and market surveillance. Federal Law of 6 October 1995 on Technical Barriers to Trade (RS 946.51) indicates that technical regulations are drafted in a way that should not hinder trade, are as transparent as possible, and require as little administrative burden as necessary. Technical regulations are elaborated by the competent entity in coordination with SECO, taking into account existing international standards to the extent possible.[386] The Federal Council can conclude international agreements to facilitate, inter alia, trade and the recognition of conformity assessment results. Liechtenstein follows Swiss and the relevant EU technical regulations, and it does not have its own regulatory mechanism for technical regulations

3.105.  SECO assumes responsibility, on behalf of the Swiss Government, for implementing the WTO Agreement on Technical Barriers to Trade. Any questions concerning Switzerland's implementation of the Agreement and requests for consultation should be addressed to SECO, which has assigned to the Swiss Information Centre for Technical Rules (switec) the task of setting up and managing Switzerland's WTO enquiry point. It provides information on all current and proposed technical regulations stemming from the Federal Government, local institutions, or non‑governmental bodies.[387] Switzerland made 54 regular notifications to the Committee on Technical Barriers to Trade (TBT Committee) during the period 2017‑January 2022 (Table 2.4). Switzerland regularly supports specific trade concerns (STCs) in the TBT Committee to raise concerns regarding planned or adopted measures of trading partners. Neither Switzerland nor Liechtenstein was subject to an STC during the review period

3.106.  Switzerland has concluded an MRA with the European Union and the EEA/EFTA States (which include Liechtenstein). Both Switzerland and the EEA/EFTA States have concluded MRAs with Canada[388] and with Turkey.[389] Under an MRA, the importing country will recognize the conformity assessment carried out in the exporting country, thus concerned products will benefit from facilitated placing of goods on the market. The MRA reduces technical barriers to trade by helping companies avoid duplicate conformity assessments.[390] The MRA concluded with the European Union and the EEA/EFTA States in 2002 is based on harmonized technical regulations in 20 sectors, which represented around two thirds of the total bilateral trade with the European Union in 2020.[391] The Parties maintain a list of all conformity assessment bodies notified and recognized under the Agreement.[392]

3.107.  While the Switzerland‑EU/EEA MRA was updated in 2017 to maintain the mutual market access in 11 of its 20 sectors[393], the inability to reach agreement on the Swiss‑EU institutional framework agreement in May 2021 (Section 2.3.2.4) questions the future of the MRA. The Federal Council announced that it intends to continue updating the MRA, as it is in both parties' interests to sustain the Agreement.[394] Swiss and EU technical regulations for medical devices are fully harmonized. Nevertheless, new EU standards for medical devices were introduced in May 2021, and the European Union declined the update of the chapter on medical devices in the MRA to reflect those changes and agree on the trade‑facilitating effects. As a result, the MRA no longer covers medical devices in accordance with the Medical Devices Regulation (MDR) of the European Union. Medical devices from the European Union and from Switzerland must now comply with regulations applicable to third countries to enter both markets.[395]

3.108.  An MRA was developed between Switzerland and the United Kingdom to continue to facilitate trade in goods, where possible, following the United Kingdom's departure from the European Union. It covers 3 of the 20 sectors included in the Switzerland‑EU/EEA MRA and replicates the same rights and obligations on motor vehicles, good laboratory practices, and good manufacturing practice inspection for medicinal products and batch certification. These product areas were chosen as the standards underlying their technical regulations were developed by international organizations to which both Switzerland and the United Kingdom are members.[396]

3.109.  Liechtenstein, along with Iceland and Norway, has also concluded an MRA with New Zealand, which entered into force in 2000[397], with Australia (2000, an updated version of 2018 has yet to enter into force[398])[399], and with the United States (2006).[400]

3.110.  EU and EEA goods not covered by the EU/EEA MRA can still benefit from facilitated market access under the Cassis de Dijon principle. Applied since 2010 by Switzerland and Liechtenstein, the Cassis de Dijon principle is a trade policy instrument to dismantle technical barriers to imports from the European Union and EFTA, and thereby enhance import competition and help reduce the high prices prevailing in Switzerland.[401] Under the principle, products that are lawfully put on the market in the European Union and the EEA and comply with the technical requirements of the European Union or the EEA markets (or those of the EU/EEA member States in case of partially or non‑harmonized legislation) may be placed on the Swiss and Liechtenstein markets without any prior inspection or other conformity assessment, even if the products do not fall under Swiss technical requirements. Exemptions apply to protect public interest for products that are subject to an import permit, import prohibition, authorization, notification pursuant to the Swiss legislation concerning chemicals, or an exemption granted by the Federal Council (negative list[402]).[403] Foodstuffs are in principle covered by the Cassis de Dijon principle but are subject to specific requirements, namely that foodstuffs fulfilling EU‑EEA requirements but not Swiss requirements need to be authorized by the Federal Veterinary Office before being placed on the market.[404]

3.111.  If the product does not fall under the scope of the above‑mentioned MRAs or the Cassis de Dijon principle (e.g. for animals, weapons, and watches), it must comply with Swiss technical regulations to be placed on the Swiss market. Information on the relevant regulations is available on the SECO portal.[405]

3.112.  Labelling under Swiss legislation is extensively harmonized with EU regulations. Utility articles and food labelling requirements are determined by the Federal Department for Home Affairs and are laid out in Articles 36 (food), 37 (GMO food products)[406], and 47 (utility articles) of the 2016 Ordinance on Food Products and Utility Products (as amended in 2020). The specific label requirements for food products are detailed in Section 3.3.3. Chemical Ordinance RS 813.11 sets the mandatory labelling requirements for hazardous substances, such as product identifier labels, hazard pictograms, signal words (guide to the severity of the hazard), hazard statements, safety instructions, manufacturer, ingredients, and other complementary information. According to the legislation, the label must be written in at least two official Swiss languages. Chemical products placed on the market under the Cassis de Dijon principle can be labelled in the language of the Swiss region of sale only.[407] The authorities indicate that the label of all chemical products will have to be written in at least the official language of the Swiss region where the product is supplied, at the latest by 2026

3.113.  In 2021, the association of Switzerland's cantonal chemists and Liechtenstein expressed concern that labelling of food products from online sellers was not satisfactory, with information missing on 78% of online shops. According to the Federal Law on Food Products, information available online should be identical to that figuring on the label of food sold physically.[408] This requirement does not apply to foreign‑based online platforms selling food, which do not fall under Swiss legislation and must be controlled by their home authorities, and thus Swiss consumers importing foreign food do it at their own risk.[409]

3.114.  The "CE" marking of the European Union is not mandatory for products imported to or produced in Switzerland. However Swiss producers have the right to use the marking, and products exported from Switzerland to the European Union must bear the marking if they fall under a category of products for which the marking is mandatory.[410]

3.115.  Switzerland notified the TBT Committee in April 2020 of the introduction of temporary exemptions from the authorization requirements, as well as import requirements for placing medicinal products on the market. Equally, temporary exemptions from the conformity assessment procedures for medical devices and personal protective equipment were introduced. The aim of these temporary exemptions was to ensure an adequate supply of medicinal products, medical devices, and personal protective equipment during the COVID‑19 pandemic.[411] This measure was abrogated by Ordinance 3 on COVID‑19 measures of June 2020 (RO 2020 2195). In addition, Switzerland notified the SPS Committee that in light of the COVID‑19 pandemic it decided to relax labelling requirements for food products under certain conditions for a time‑limited period of six months, so as to provide food manufacturers with more flexibility and to avoid reduced availability of foodstuff for consumers.[412]

3.116.  Liechtenstein does not apply specific marking, labelling and packaging requirements but follows Swiss regulations.[413] The Liechtenstein Act of 1995 on the marketability of goods, as amended in 2020, stipulates that goods produced either in conformity with Swiss or EEA regulations may be sold in Liechtenstein. The Technical Test, Measurement and Standards Body under the Office of Economic Affairs is responsible for checking technical regulations, directives, decisions, and ordinances of the European Union and integrating them into Liechtenstein law if applicable, so as to facilitate free movement of goods.[414]

3.117.  There has been no new development regarding the legal regime for conformity assessments procedures in Switzerland. The Swiss Accreditation Service (SAS), which is administratively subordinate to SECO, but otherwise independent with its own budget, is responsible for the accreditation of laboratories and inspection and certification bodies, taking into account internal norms. Any decision about allocating, refusing, suspending, or withdrawing an accreditation is made based on the Ordinance of 17 June 1996 on Accreditation and Designation (RS 946.512). Conformity assessments are done either by the manufacturer or an independent third party.[415] The SAS also represents Switzerland in international organizations for accreditation and conformity assessment.[416]

3.118.  In Liechtenstein, conformity assessment bodies for certification, inspection, or calibration are accredited by the Liechtenstein Accreditation Service.[417]

3.119.  The Swiss Association for Standardization (SNV) encourages the development of national, European, and international standards. It acts as an intermediary using inputs from experts and end‑users to develop the standards. Standards are reviewed every three to five years to be either confirmed, modified, or withdrawn. The SNV is a member of the International Organization for Standardization and the European Committee for Standardization. The sector‑specific Swiss standardization bodies under the umbrella of the SNV are signatories to the WTO Code of Good Practice for the Preparation, Adoption, and Application of Standards.[418] Approximately 98% of the 28,363 standards currently in force are aligned with international or European standards, above the rate at the time of the previous Review (96%). National standards are nonetheless predominant in the watch industry.[419]

3.120.  Liechtenstein does not have a national standards body but is integrated into the standardization process for harmonized European standards based on EU Regulation No. 1025/2012 on European standardization and participates financially in the mandates for their elaboration.[420]