Basic information
Outline of the system
The purpose of the phytosanitary measures is to prevent the introduction and propagation of quarantine organisms and regulated non-quarantine organisms (that is, harmful organisms that are considered particularly hazardous under the terms of the Ordinance on plant health; for reference see point 5). The import of plants and plant products, where not prohibited because of the phytosanitary risk that certain plants and plant products present, is subject to the phytosanitary certification (PC) regime within the meaning of the International Plant Protection Convention (IPPC).
Certificates are issued under the responsibility of the national plant protection organization of the exporting country if the goods concerned meet Switzerland's phytosanitary requirements. No licence as such is needed for the import of goods requiring a phytosanitary certificate, but each shipment is subject to a phytosanitary check upon importation and, for this reason, must be notified to the Federal Plant Protection Service (SPF) no later than the day before the check is to take place. Importers are entered in an official register managed by the SPF.
Product coverage
Phytosanitary measures applicable to the import of plants, plant products and other items include, on the one hand, the prohibition of imports and, on the other, the phytosanitary certification regime in accordance with the procedures set out in the IPPC. Dispensation may be granted in the case of goods the import of which is prohibited or which cannot meet the mandatory phytosanitary requirements for obtaining a phytosanitary certificate. Dispensation is granted solely in the case of goods that are imported for research, selection, multiplication or diagnostic purposes, provided that the conditions for their intended use make it possible to rule out the propagation of particularly hazardous harmful organisms.
The products in question are essentially those listed under the following customs tariff numbers or chapters:
0601/0602/0603/0604 (Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage);
ex 0701/0702/0703/0709/0712 (Edible vegetables and certain roots and tubers);
ex 0804/0805/0806/0807/0808/0809/0810 (Edible fruit);
ex 1001/1002/1005/1006/1008 (Cereals);
ex 1205/1206/1207/1209/1211/1212 (Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder);
ex 14 (Bark and bark products);
ex 25/31/38 (Soil and other substrates for cultivation);
ex 44 (Wood and wood products);
ex 9406 (Prefabricated buildings).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The purpose of the measures is to prevent the introduction of particularly hazardous harmful organisms affecting plants. The regimes governing plants, plant products and other items are frequently revised according to developments in the phytosanitary situation both in Switzerland and Liechtenstein and in certain countries in the rest of the world.
Questions for products under restriction as to the quantity or value of imports
Not applicable (no restrictions).
The system applies to products originating from which country?
The PC regime applies to all plants for planting, irrespective of origin, with the exception of those from the European Union (EU). Plants other than those for planting, plant products and products originating in countries other than the EU member States, as set out in Annex 6 to the Ordinance of the DEFR and DETEC concerning the Ordinance on plant health (for reference see point 5), are also subject to the PC regime. The import prohibition concerns goods originating in countries where the phytosanitary situation is such that the goods present a clear risk of introducing harmful organisms that are particularly hazardous for Switzerland and Liechtenstein. They are listed in Annex 5 to the above-mentioned Ordinance. For certain goods (e.g. potatoes or plants of specific conifer species), the prohibition extends to all countries other than member countries of the European and Mediterranean Plant Protection Organization (EPPO).
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Legal bases:
For forest plants and plant products: Law on Forests (RS 921.0 - Loi fédérale du 4 octobre 1991 sur les forêts (Loi sur les forêts, LFo) (admin.ch)). For other plants and plant products: Law on Agriculture (RS 910.1 - Loi fédérale du 29 avril 1998 sur l'agriculture (Loi sur l'agriculture, LAgr) (admin.ch)). The Ordinance on plant health (RS 916.20 - Ordonnance du 31 octobre 2018 sur la protection des végétaux contre les organismes nuisibles particulièrement dangereux (Ordonnance sur la santé des végétaux, OSaVé) (admin.ch)) and the Ordinance of the DEFR and DETEC concerning the Ordinance on plant health (RS 916.201 - Ordonnance du DEFR et du DETEC du 14 novembre 2019 relative à l'ordonnance sur la santé des végétaux (OSaVé-DEFR-DETEC) (admin.ch)) establish which items are subject to the different regimes.
The Federal Office for the Environment (OFEV), Forest Division (for forest plants and plant products), and the Federal Office for Agriculture (OFAG) may issue an ordinance adopting measures in the event of the appearance of a new harmful organism that could prove particularly hazardous, or if the phytosanitary situation in a country worsens as a result of a particularly hazardous harmful organism and the import of certain goods originating in that country would entail an increased phytosanitary risk for Switzerland and Liechtenstein pending clarification of the potential damage by this organism.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The Federal Department of Economic Affairs, Education and Research (DEFR) and the Federal Office for the Environment, Transport, Energy and Communications (DETEC) has the authority under the law to decide on the items that are subject to the regimes described in point 2 above.
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to import such goods, provided that they are domiciled in Switzerland and, with the exception of private individuals, are registered with the SPF.
Is there a registration fee?
Registration is free of charge and may be requested using a form available for download at www.servicephyto.ch > Importations et exportations > Importation > Informations complémentaires > Formulaires.
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Besides the usual information regarding business name, postal address, telephone number and email, the form referred to in point 9(b) above asks for additional information on the type of goods the importing establishment wishes to import.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Shipments of goods subject to the PC regime must be notified to the SPF for the planning of phytosanitary checks no later than the day before their arrival in Switzerland. The notification must be made online with the EU's Trade Control and Expert System (TRACES) (www.sante-des-vegetaux.ch> Commerce de matériel végétal > Pays non membres de l'UE > Importation), to which Switzerland and Liechtenstein are affiliated.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
As explained in point 3.2.1 above, no licences, as such, are issued by a Swiss authority. The sole document required, where applicable, is the phytosanitary certificate issued by the national plant protection organization of the exporting country. The organization establishes the conditions for granting such certificates.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Reviews of the conformity of phytosanitary certificates and the phytosanitary status of imported goods are carried out solely by the SPF.
Must the applications be passed on to other organs for visa, note or approval?
Reviews of the conformity of phytosanitary certificates and the phytosanitary status of imported goods are carried out solely by the SPF.
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
The charge is a fixed sum of CHF 50 per shipment. If the shipment comprises multiple batches of goods subject to checks, CHF 10 is charged for each additional batch. The charge is intended to cover the cost of carrying out the phytosanitary checks.
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Only non conformity is grounds for refusal.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
A phytosanitary certificate (see points 1 and 2 above), which must not have been issued more than 14 days before the date on which the goods left the country of dispatch.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
In general, an import is notified via TRACES only when the importer is certain the import will take place. However, if a notified shipment does not arrive within the notified time frame, the importer may give notice of any changes relating to the timing of the import.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
There are no restrictions on foreign exchange in force.
Is a licence required as a condition to obtaining foreign exchange?
There are no restrictions on foreign exchange in force.
Is foreign exchange always available to cover licences issued?
There are no restrictions on foreign exchange in force.
What formalities must be fulfilled for obtaining the foreign exchange?
There are no restrictions on foreign exchange in force.