Basic information
Outline of the system
A non automatic licence is required for the allocation of TQ shares. This licence is part of an administrative procedure whereby importers who meet the relevant legal requirements are authorized to carry out imports within the TQ. Quota shares may be transferred among holders of non automatic licences and are usually allocated for a limited period. The importer is not required to present this authorization at the border. The Federal Office for Agriculture (OFAG, www.ofag.admin.ch) is the competent authority for the allocation of TQ shares.
Product coverage
Goods covered by TQs are listed in Annex 1 to the Ordinance on the import of agricultural products (RS 916.01 - Ordonnance du 26 octobre 2011 sur l'importation de produits agricoles (Ordonnance sur les importations agricoles, OIAgr) (admin.ch)). They are classified under the following Swiss customs tariff numbers (HS 2022): See Products.
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
Non automatic licensing allows for the individual allocation of TQ shares and the control of their utilization; it restricts the quantity of imports.
Questions for products under restriction as to the quantity or value of imports
See Answers 6.1-6.11.
The system applies to products originating from which country?
The regulations apply to imports of all goods, irrespective of where they come from.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Legal bases: Federal Law on Agriculture (RS 910.1 - Loi fédérale du 29 avril 1998 sur l'agriculture (Loi sur l'agriculture, LAgr) (admin.ch)) Articles 21 and 22 and Ordinance on the import of agricultural products (RS 916.01 - Ordonnance du 26 octobre 2011 sur l'importation de produits agricoles (Ordonnance sur les importations agricoles, OIAgr) (admin.ch)) and Ordinance on the import and export of vegetables, fruit, and horticultural plants (RS 916.121.10 - Ordonnance du 7 décembre 1998 sur l'importation et l'exportation de légumes, de fruits et de plantes horticoles (OIELFP) (admin.ch)) and OFAG Ordinance on the determination of periods and time-limits and on authorization of TQ portions for fresh vegetables and fresh fruit
(RS 916.121.100 - Ordonnance de l'OFAG du 16 septembre 2016 sur la fixation des périodes et des délais ainsi que sur l'autorisation de parties de contingent tarifaire de légumes frais et de fruits frais (Ordonnance sur l'autorisation des importations relative à l'OIELFP) (admin.ch)).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not authorize the administration to decide which products will be subject to licensing.
Is it possible for the government to abolish the system without legislative approval?
The Federal Law on Agriculture does not allow the government to abolish the TQ system.
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?
TQ shares are only allocated to individuals, businesses and organizations, irrespective of nationality or origin, that are established on Swiss customs territory and provide guarantees that, where necessary, they can meet the requirements and undertake the commitments related to the utilization of TQ shares.
Is there a registration fee?
Is there a published list of authorized importers?
In January of each year, the annex to the Report on Tariff Measures provides the names of all the importers for the preceding year including data on quantities allocated and the quantities imported by individual importing companies (see point 6(III) above).
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?
Only the usual information is required. Samples of the various application forms are available on the following website: www.import.ofag.admin.ch.
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?
Not applicable.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Not applicable.
Issuing the license
Can a licence be granted immediately on request?
Not applicable.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Not applicable.
Which administrative body is responsible for approving application of licences?
Not applicable.
Must the applications be passed on to other organs for visa, note or approval?
Not applicable.
Are there any other conditions attached to the issue of a licence?
For the criteria for TQ allocation, see point 6(VIII) above.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No.
What is the amount of the fee or charge?
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?
There are no reasons to refuse an application for a licence other than failure to meet the specific criteria.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
Have applicants a right of appeal in the event of refusal to issue a licence?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
If so, to what bodies and under what procedures?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
Importation
Are there any limitations as to the period of year during which importation may be made?
Not applicable.
What documents are required upon actual importation?
Other than the automatic licence (GIP) number, the importer is not required to present an authorization to carry out imports within the TQ; controls are performed electronically when the customs declaration is processed. All other import requirements are noted in the working tariff (www.tares.ch).
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?
(a) The validity of the licence ranges from one month to 50 weeks according to the system of allocation in force and cannot be extended.
(b) The period of validity of the licence is one year for TQ shares allocated by auction and cannot be extended. For TQ shares allocated in the order in which customs declarations are received, the licence is valid until the TQ is used up.
(c) The period of validity of the licence is one year and cannot be extended.
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?
In general, TQ share transfers are permitted and must be notified by the holder of the TQ share no later than the working day before the day the customs declaration is made, with the help of the Internet application made available to users by OFAG (Article 14 of the Ordinance on the import of agricultural products). Access to the Internet application: www.ekontingente.admin.ch.
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.
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
The administration of TQs for the calendar year 2021 is described in Switzerland's notification to the Committee on Agriculture (G/AG/N/CHE/108). All information concerning TQ utilization (quantities, application procedures for licences, exceptions, exemptions, etc.) is set forth in the specific ordinances (cf. question 5). Auction dates and details are published on the OFAG website (www.import.ofag.admin.ch).
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
Non automatic licences are issued for 12 months maximum.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
The unused remainder of the allocations is not added to quotas for a succeeding period. In January of each year, the annex to the Federal Council Report on Tariff Measures, in the context of the report on external economic policy, provides the names of importers for the preceding year and includes data on quantities allocated and quantities actually imported by individual importing companies. This annex to the Report can be viewed online at www.import.ofag.admin.ch by following the link "Publication de l'attribution des contingents tarifaires".
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
(A) With respect to non automatic licences granted according to previous imports by the applicant, OFAG sends the new licence to the importers at the beginning of each year. As regards other licensing systems, there is no time limit for the submission of applications; they can be submitted throughout the year of opening of the TQ. Licences are issued primarily on the basis of the applicants' previous imports.
(B) The deadline for applications in the case of auctions is generally set at 30 working days following publication.
(C) OFAG sends the new licences to the importers before the beginning of the TQ period.
What are the minimum and maximum lengths of time for processing applications?
As a rule, applicants receive a response within one to five working days according to the product.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
The date of opening of the period of importation may be the same as the date for the utilization of the licence. In other cases, the goods may be imported as soon as the individual TQ share has been allocated.
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Applications are examined by a single administrative body. The importer must obtain a licence from the Federal Office for Agriculture (OFAG).
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
The allocation of TQs takes place as follows:
(A) For the vast majority of products, licences are issued according to previous imports by the applicant. For certain products, allocations are made in response to the market shares or pro rata to applications. During the non administered period for each product and for some products throughout the year, imports within the TQ take place without allocation and only the automatic licence is required for importation.
(B) For TQ No. 21, licences are issued by auction. New importers may obtain a licence when each new allocation is made.
(C) Licences are issued on the basis of a combination of two criteria: previous imports by the applicant, and purchase of domestic goods by the applicant.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
The same rules apply to all imports within the TQs, regardless of the regulations of the exporting country.
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Export licences from the exporting countries are not required.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No.