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In their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, the Parties may use as evidence information obtained and documents consulted in accordance with this title. Natural and legal persons and associations of such persons whose trade activities may be the subject of the controls provided for in this title may not prevent the exercise of such controls and must at all times facilitate them. In particular, they shall send each other their applicable provisions and summaries of the administrative and judicial decisions that are particularly important for the purposes of its proper application.
The Working Group on Wine-Sector Products, hereinafter referred to as "the Working Group", set up under Article 6 7 of the Agreement shall consider any matter which may arise in connection with this Annex and its implementation. The Working Group shall periodically consider the state of the domestic laws and regulations of the Parties in the fields covered by this Annex. Notwithstanding Article 5 8 , wine-sector products which, at the time of the entry into force of this Annex, have been produced, prepared, described and presented in compliance with the internal law or regulations of the Parties but are prohibited by this Annex may be sold until stocks run out.
Except where provisions to the contrary are adopted by the Committee, wine-sector products which have been produced, prepared, described and presented in compliance with this Annex but whose production, preparation, description and presentation cease to comply therewith as a result of an amendment thereto may continue to be marketed until stocks run out. The Parties shall enter into consultations if either considers that the other has failed to fulfil an obligation under this Annex. Where any time limit or delay carries a risk of endangering human health or impairing the effectiveness of measures to combat fraud, interim safeguard measures may be adopted without prior consultation, provided that consultations are held immediately after such measures are taken.
If, following the consultations provided for in paragraphs 1 and 3, the Parties fail to reach agreement, the Party which requested the consultations or took the measures provided for in paragraph 3 may take suitable safeguard measures with a view to the proper application of this Annex. The application of the Exchange of Letters between the Community and Switzerland on cooperation concerning official controls of wines signed in Brussels on 15 October , shall be suspended for as long as this Annex remains in force. Instruments applicable to the import into and marketing in Switzerland of wine-sector products originating in the Community.
Instruments applicable to the import into and marketing in the Community of wine-sector products originating in Switzerland. If several varieties are mentioned, they shall appear in descending order of proportion;. Ordonnance 26 June on additives authorised in foodstuffs, as last amended on 30 January RO Ordonnance 26 June on foreign substances and components of foodstuffs, as last amended on 30 January RO Without prejudice to Article 4, the accompanying document must be drawn up in accordance with the model appearing in Annex III to the Regulation.
In addition to the particulars provided for in Article 3, the document shall include details identifying the batch to which the wine-sector products belong;. Chablis, whether or not followed by the "Climat d'origine" or one of the following:. Maranges, whether or not followed by the "Climat d'origine" or one of the following:.
Quality wines psr described by the expression "Denominazione di origine controllata e garantita". Quality wines psr described by the expression "Denominazione di origine controllata". The protection of the names referred to in Article 6 of the Annex shall not prevent the following names of vine varieties from being used for wines originating in Switzerland, provided they are used in accordance with Swiss legislation and in combination with a geographical name clearly indicating the origin of the wine:.
Without prejudice to Article 20 of this Annex concerning the protection of traditional terms and pending the adoption by Switzerland, within three years following the entry into force of this Annex, of the necessary regulations defining the names listed below in order for them to be protected as traditional expressions under Title II of this Annex, these names may be used to describe and present wines originating in Switzerland, provided they are marketed outside Community territory:. In accordance with Article 25 b and subject to the specific provisions applicable to the arrangements for documents accompanying transport, the Annex shall not apply to wine-sector products which:.
The Parties hereby agree, in accordance with the principles of non-discrimination and reciprocity, to facilitate and promote trade with each other in spirit drinks and aromatised wine-based drinks. Without prejudice to Articles 22 and 23 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the Agreement establishing the World Trade Organisation hereinafter called "the TRIPs Agreement" , the Parties shall take all the necessary measures, in accordance with this Annex, to ensure reciprocal protection of the names referred to in Article 4 and used to describe spirit drinks and aromatised drinks originating in the territory of the Parties.
Each Party shall provide the interested parties with the legal means of preventing the uses of a designation to designate spirit drinks or aromatised drinks not originating in the place indicated by the designation in question or in the place where the designation in question is traditionally used. The Parties shall not deny the protection provided for by this Article in the circumstances specified in Article 24 4 , 5 , 6 and 7 of the TRIPs Agreement. The protection afforded by Article 5 shall also apply where the actual origin of the spirit drink or aromatised drink is indicated or where the name is used in translation or is accompanied by terms such as "kind", "type", "style", "way", "imitation", "method" or other analogous expressions, including graphic symbols, which may lead to confusion.
In cases of homonymy concerning names of spirit drinks and aromatised drinks, protection shall be accorded to each name. The Parties shall lay down the practical conditions under which the homonymous names in question are to be differentiated from each other, taking into account the need to treat the producers concerned fairly and to avoid misleading the consumer. This Annex shall in no way prejudice the right of any person to use, for trade purposes, their own name or the name of the person whose business they have taken over, provided that such names are not used in a way that misleads consumers.
Nothing in this Annex shall oblige a Party to protect any name of the other Party which is not protected or ceases to be protected in its country of origin or which has fallen into disuse in that country. The Parties shall take all measures necessary to ensure that, in cases where spirit drinks or aromatised drinks originating in the territory of the Parties are exported and marketed outside their territory, the names of one Party protected under this Annex are not used to designate and present spirit drinks or aromatised drinks originating in the other Party.
To the extent that the relevant legislation of the Parties allows, the benefit of the protection afforded by this Annex shall cover natural and legal persons and federations, associations and organisations of producers, traders and consumers whose head offices are located in the territory of the other Party. If the description or presentation of a spirit drink or aromatised drink, in particular on the labelling, in official or commercial documents or in advertising, is in breach of this Agreement, the Parties shall apply the necessary administrative measures or shall initiate suitable legal proceedings with a view to combating unfair competition or preventing the wrongful use of the protected name in any other way.
The Parties shall each designate the authorities responsible for the enforcement of this Annex. The Parties shall inform one another of the names and addresses of the above authorities not later than two months after this Annex comes into force. Those authorities shall cooperate closely and directly with each other. The information to be provided in accordance with paragraph 1 shall be accompanied by official, commercial or other appropriate documents, with details of any administrative measures or legal proceedings that may be taken.
The information shall include, in particular, the following details concerning the spirit drink or aromatised drink in question:. In cases where any time limit or delay could endanger human health or impair the effectiveness of measures to control fraud, interim safeguard measures may be taken, without prior consultation, provided that consultations are held immediately after such measures are taken.
If, following the consultations provided for in paragraph 1, the Parties have not reached agreement, the Party which has requested the consultations or taken the measures referred to in paragraph 1 may take appropriate safeguard measures so as to permit the proper application of this Annex. The Working Group on Spirit Drinks, hereinafter called "the Working Group", set up under Article 6 7 of the Agreement shall meet at the request of either Party and, in accordance with the requirements for implementing the Agreement, alternately in the Community and Switzerland.
The Working Group shall consider all issues which may arise in connection with the implementation of this Annex. In particular, it may make recommendations to the Committee to contribute to the attainment of the objectives of this Annex. Where the legislation of either Party is amended to protect names other than those listed in the Appendices hereto, those names shall be included within a reasonable length of time following conclusion of the consultations. Spirit drinks and aromatised drinks which, at the time of entry into force of this Annex, have been legally produced, described and presented but which are prohibited by this Annex may be marketed by wholesalers for a period of one year from the entry into force of the Agreement and by retailers until stocks are exhausted.
From the entry into force of this Annex, spirit drinks and aromatised drinks included herein may no longer be produced outside the limits of their regions of origin. Unless the Committee decides otherwise, spirit drinks and aromatised drinks produced, described and presented in accordance with this Agreement whose description and presentation cease to comply with this Agreement following an amendment thereto may continue to be marketed until stocks are exhausted.
Without prejudice to their obligations with regard to products not originating in the Parties or other legislative provisions in force, the Parties undertake, in accordance with the principles of non-discrimination and reciprocity, to foster trade in organically produced agricultural products and foodstuffs from the Community and Switzerland complying with the laws and regulations listed in Appendix 1.
This Annex shall apply to organically produced plant products and foodstuffs complying with the laws and regulations listed in Appendix 1. The Parties undertake to extend the scope of this Annex to livestock, animal products and foodstuffs containing ingredients of animal origin once they have adopted the relevant laws and regulations.
The Committee may decide to extend the scope of the Annex after those laws and regulations have been recognised as equivalent in accordance with Article 3 and by amendment of Appendix 1 in accordance with the procedure laid down in Article 8. The Parties hereby recognise the laws and regulations listed in Appendix 1 to this Annex as equivalent.
The Parties may agree to exclude certain aspects or products from the equivalence arrangements. They shall specify this in Appendix 1.
The Parties shall do their utmost to ensure that the laws and regulations specifically covering products as referred to in Article 2 develop along equivalent lines. In accordance with their internal procedures in this area, the Parties shall take the necessary measures so that products as referred to in Article 2 and complying with each other's laws and regulations as listed in Appendix 1 can be imported and placed on the market.
With a view to developing arrangements to prevent the relabelling of organic products covered by this Annex, the Parties shall do their utmost to ensure that their laws and regulations provide for:. The Parties may specify that products imported from each other meet the requirements on labelling laid down in their laws and regulations as listed in Appendix 1. The Parties shall do their utmost to ensure that the import arrangements applicable to organically produced products from third countries are equivalent.
With a view to ensuring equivalence in practice as regards recognition in the case of third countries, the Parties shall consult each other before they recognise and include any third country in the list drawn up to that end in their laws and regulations.
Under Article 8 of the Agreement, the Parties and Member States shall send each other the following information in particular:. The Working Group on Organic Products, hereinafter called the "Working Group", set up pursuant to Article 6 7 of the Agreement shall consider all matters which may arise in connection with this Annex and its implementation. The Working Group shall periodically consider the state of the respective laws and regulations of the Parties in the fields covered by this Annex. It shall be responsible in particular for:. Where any delay may result in prejudice that is difficult to make good, provisional safeguard measures may be taken without prior consultation, provided that consultations are held immediately after any such measures are taken.
If, following the consultations provided for in paragraph 1, the Parties fail to reach agreement, the Party which requested the consultations or took the measures referred to in paragraph 1 may take suitable interim protective measures to ensure that this Annex is applied properly.
Swiss products based on ingredients produced under the arrangements for conversion to organic farming. Products as referred to in Article 1 originating in Switzerland, or originating in the Community and re-exported to the Community from Switzerland, and accompanied by inspection certificates as referred to in Article 3, shall not be subject in the Community to conformity checks in the Community before they are admitted into the customs territory of the Community.
To that end the said Office may delegate its powers to carry out such checks to the bodies listed in the appendix, on the following conditions:. Should Switzerland apply checks of compliance with marketing standards in respect of products as referred to in Article 1 before their introduction into Swiss customs territory, it shall adopt provisions equivalent to those laid down in this Annex to dispense products originating in the Community from such checks. Consignments of products originating in Switzerland and of products originating in the Community and re-exported to the Community from Switzerland shall be accompanied by inspection certificates until they are released for free circulation in the territory of the Community.
The inspection certificates must bear the stamp of one of the bodies listed in the Appendix to this Annex. Where delegation of powers as provided for in Article 2 2 is withdrawn from one of the inspection bodies so empowered, the inspection certificates issued by that body shall no longer be recognised for the purposes of this Annex.
Pursuant to Article 8 of the Agreement, the Parties shall send each other, inter alia, their lists of competent agencies and empowered inspection bodies. Such joint inspections shall be carried out in accordance with the procedure to be proposed by the Working Party on Fruit and Vegetables and adopted by the Committee. Where consignments of fruit and vegetables originating in Switzerland or originating in the Community and re-exported to the Community from Switzerland under cover of inspection certificates are found not to comply with the standards in force and where any time limit or delay might impair the effectiveness of fraud prevention measures or distort competition, temporary safeguard measures may be taken without prior consultations, provided that consultations are held immediately after the said measures have been taken.
If, following the consultations provided for in paragraphs 1 or 3, the Parties fail to reach agreement within three months of starting the consultations, the Party which requested the consultations or took the measures provided for in paragraph 3 may take suitable protective measures, which may include the partial or total suspension of this Annex.
The Working Party on Fruit and Vegetables set up under Article 6 7 of the Agreement shall consider any matter arising in connection with this Annex and its implementation. It shall periodically review the Parties' internal laws and regulations in the fields covered by this Annex.
It shall in particular put forward proposals to the Committee with a view to the adaptation and updating of the Appendix hereto. The Parties hereby note that they have similar legislation leading to identical results with regard to measures for the control and notification of animal diseases. The legislation referred to in paragraph 1 is specified in Appendix 1. That legislation shall apply subject to the special rules and procedures laid down in that Appendix.
The Parties hereby agree that trade in live animals, their semen, ova and embryos shall be carried out in accordance with the legislation specified in Appendix 2. The Parties hereby note that they have similar legislation leading to identical results with regard to imports from third countries of live animals, their semen, ova and embryos. The legislation referred to in paragraph 1 is specified in Appendix 3.
The Parties hereby agree that checks on trade in and imports from third countries of live animals, their semen, ova and embryos shall be carried out in accordance with the provisions set out in Appendix 5. The objective of this Title shall be to facilitate trade in animal products between the Parties by establishing a mechanism for the recognition of equivalence of animal-health measures applied to such products by the Parties with due regard for the protection of public and animal health, and to improve communication and cooperation on animal-health measures.
The scope of this Title shall be limited initially to the animal-health measures applied by either Party to the animal products listed in Appendix 6. Save as otherwise provided in the Appendices to this Title and without prejudice to Article 20 of this Annex, this Title shall not apply to animal-health measures relating to food additives all food additives and colouring agents, processing aids and essences , irradiation, contaminants physical contaminants and residues of veterinary medicinal products , chemicals arising from migration of substances from packaging materials, unauthorised chemical substances food additives, processing aids, prohibited veterinary medicinal products, etc.
For the purposes of trade between the Parties, the measures referred to in Article 2 shall apply without prejudice to paragraph 2 below. Where either Party considers that it has special animal-health status with respect to a specific disease, it may request recognition of that status. The Party concerned may also request additional guarantees in accordance with that status in respect of imports of animal products. The guarantees for specific diseases shall be as specified in Appendix 8.
To determine whether an animal-health measure applied by an exporting Party meets the importing Party's appropriate level of animal-health protection, the Parties shall follow a procedure that includes the following steps:. Where equivalence has not been recognised, trade may take place under the conditions set by the importing Party to meet its appropriate level of protection as set out in Appendix 6. The exporting Party may agree to meet the importing Party's conditions without prejudice to the result of the procedure set out in paragraph 1.
The sectors or parts of sectors for which the respective animal-health measures are recognised as equivalent for trade purposes on the date of entry into force of this Annex shall be as listed in Appendix 6. For those sectors or parts of sectors, trade in animal products shall take place in accordance with the legislation referred to in Appendix 6.
The sectors or parts of sectors to which the Parties apply different animal-health measures shall be as listed in Appendix 6. Checks on trade in animal products between the Community and Switzerland shall be carried out in accordance with:. To increase confidence in the effective implementation of the provisions of this Title, each Party shall have the right to carry out audit and verification procedures in respect of the exporting Party, which may include:. As regards Switzerland, the Swiss authorities shall carry out the audit and verification procedures provided for in paragraph 1 and the border checks provided for in Article This Article shall apply in circumstances where the relevant provisions of Articles 2 and 20 do not apply.
Notifications as provided for in paragraph 2 shall be made in writing to the contact points set out in Appendix In cases of serious and immediate concern for public or animal health, oral notification shall be made to the contact points set out in Appendix 11, to be confirmed in writing within 24 hours.
Where either Party has serious concerns regarding a risk to animal or public health, consultations shall, on request, be hold as soon as possible, and in any case within 14 days. Each Party shall endeavour in such situations to provide all information necessary to avoid disruption of trade and to reach a mutually acceptable solution. The Parties shall exchange information relevant to the implementation of this Title on a uniform and systematic basis, with a view to providing assurances, engendering mutual confidence and demonstrating the effectiveness of the programmes checked.
Where appropriate, exchanges of officials may also contribute towards achieving those objectives. Exchange of information on changes in their respective animal-health measures and other relevant information shall include:. If necessary, at the request of either Party, matters may be referred to the Joint Veterinary Committee,. The Parties shall ensure that scientific papers or data substantiating their views or claims are submitted to the relevant scientific authorities.
Those authorities shall assess that material in good time and forward their findings to both Parties. A Joint Veterinary Committee made up of representatives of the Parties shall be set up.
It shall consider any matter arising in connection with this Annex and its implementation. The Joint Veterinary Committee shall be empowered to adopt decisions in the cases provided for in this Annex. Decisions adopted by the Joint Veterinary Committee shall be implemented by the Parties in accordance with their own rules. The Joint Veterinary Committee shall periodically consider the state of the domestic laws and regulations of the Parties in the fields covered by this Annex. It may decide to amend the appendices hereto, in particular with a view to their adaptation and updating.
The Joint Veterinary Committee may, where necessary, be convened at the request of either Party. The Joint Veterinary Committee may set up technical working groups consisting of expert-level representatives of the Parties, which shall identify and address technical and scientific issues arising from this Annex. Where additional expertise is needed, the Joint Veterinary Committee may also establish ad hoc technical or scientific working groups, whose membership need not be restricted to representatives of the Parties.
Where the Community or Switzerland intends to implement safeguard measures in respect of the other Party, it shall inform the latter in advance. Without prejudice to the right of either Party to bring the planned measures into force immediately, consultations shall be held as soon as possible between the competent Commission departments and the Swiss authorities with a view to finding appropriate solutions.
If necessary, the matter may be referred to the Joint Committee at the request of either Party. Where a Member State of the Community intends to implement interim protective measures in respect of Switzerland, it shall inform the latter in advance. Where the Community decides to adopt safeguard measures with respect to a part of the territory of the Community or a third country, the competent Commission department shall inform the competent Swiss authorities as soon as possible.
After examining the situation, Switzerland shall adopt the measures entailed by that decision unless it considers that such measures are not justified. In the latter case, paragraph 1 shall apply. Where Switzerland decides to adopt safeguard measures with respect to a third country, it shall inform the competent Commission departments as soon as possible.
Without prejudice to Switzerland's right to bring the planned measures into force immediately, consultations shall be held as soon as possible between the competent Commission departments and the Swiss authorities with a view to finding appropriate solutions.
In extreme emergencies, notification may cover the decision as taken and the rules and procedures governing its implementation.
At all events, consultations must be held as soon as possible within the Joint Veterinary Committee. Pursuant to Article 97 of the Ordonnance on epizootic diseases, Switzerland has established an emergency warning plan. The joint reference laboratory for identifying foot-and-mouth virus shall be the Institute for Animal Health, Pirbright Laboratory, United Kingdom.
Switzerland shall pay the costs it incurs for operations carried out by the laboratory in that capacity. Consultations shall be held as soon as possible within the Joint Veterinary Committee. Where an epizootic disease of particular severity develops in Switzerland, the Joint Veterinary Committee shall meet to consider the situation. The competent Swiss authorities undertake to take the measures found necessary in the light of that examination.
At present salmon farming is not authorised and the species is not present in Switzerland. Current Swiss rules provide that infectious anaemia in salmon is considered simply as a disease to be monitored. Under this Annex, the Swiss authorities undertake to amend their legislation to make infectious anaemia in salmon a disease to be controlled. The situation shall be reviewed within the Joint Veterinary Committee one year after the entry into force of this Annex. Flat oyster farming is not currently practised in Switzerland.
In order to maintain its status as having an officially brucellosis-free bovine herd, Switzerland undertakes to meet the following conditions:. Detailed information concerning herds testing results and an epidemiological report shall be submitted to the Joint Veterinary Committee.
The situation shall be considered within the Joint Veterinary Committee with a view to reviewing this paragraph. In order to maintain its status as having an officially tuberculosis-free bovine herd, Switzerland undertakes to meet the following conditions:. Where lesions suspected to have been caused by tuberculosis are discovered during an autopsy or on slaughter, the competent authorities shall have a laboratory examination conducted on the lesions;.
Detailed information on the infected herds and an epidemiological report shall be submitted to the Joint Veterinary Committee. For the purposes of this Annex Switzerland is recognised as fulfilling the conditions laid down in Chapter I. In order to maintain its status as having an officially enzootic bovine leucosis-free herd, Switzerland undertakes to meet the following conditions:. For the purposes of this Annex, Switzerland is recognised as officially free from infectious bovine rhinotracheitis.
In order to maintain that status, Switzerland undertakes to meet the following conditions:. For the purposes of this Annex, Switzerland is recognised as officially free from Aujeszky's disease. The question of possible additional guarantees concerning transmissible gastroenteritis of pigs TGE and porcine reproductive and respiratory syndrome PRRS shall be considered as soon as possible by the Joint Veterinary Committee. The following adjustments shall apply:. For the purposes of this Annex, Switzerland is recognised as officially free from ovine and caprine brucellosis.
Should ovine and caprine brucellosis appear or reappear, Switzerland shall inform the Joint Veterinary Committee so that the necessary measures can be taken in line with developments in the situation. For one year from the date of entry into force of this Annex, caprine animals goats for fattening and breeding intended for Switzerland shall be subject to the following conditions:. This paragraph will be reconsidered by the Joint Veterinary Committee within one year of the entry into force of this Annex. The words "and Switzerland" shall be added to the title.
The mark for Switzerland shall be "CH". For one year from the date of entry into force of this Annex, breeding poultry and productive poultry intended for Switzerland shall comply with the following conditions:. The references to the name of the Member State in Article 15 shall apply mutatis mutandis to Switzerland. In section 9, "Member State of destination" shall be replaced by "Country of destination: In the case of consignments from Switzerland to Finland or Sweden, the Swiss authorities undertake to supply the guarantees concerning salmonella required under Community legislation.
For the purposes of this Annex, this point shall cover trade in live animals not subject to points I to V inclusive, and in semen, ova and embryos not subject to points VI to VIII inclusive. The Community and Switzerland undertake not to ban or restrict trade in the live animals, semen, ova and embryos as referred to in point 1 for animal-health reasons other than those resulting from the application of this Annex, and in particular any safeguard measures taken pursuant to Article 20 thereof.
In that case, without prejudice to its right to implement those measures immediately, consultations shall be held within the Joint Veterinary Committee to find appropriate solutions. In such cases, consultations shall be held within the Joint Veterinary Committee to find suitable solutions. Pending such solutions, the Swiss authorities shall refrain from implementing the planned measures.
The Swiss authorities have drawn up and submitted for consultation a draft law on agriculture. Upon entry into force of this Annex, the Swiss authorities undertake to adopt similar legislation leading to results identical to those specified in point I of this Appendix.
This Appendix shall be reviewed as soon as possible in the light of the new provisions adopted by the Swiss authorities. Where difficulties arise in trade, the matter shall be referred to the Joint Veterinary Committee at the request of either Party. If necessary, transitional measures shall be laid down in the Joint Veterinary Committee. The official veterinarian of the country of destination shall inspect the animals upon arrival in the country of destination to ensure that they comply with the standards laid down in this Annex.
Throughout the duration of the grazing period, the animals shall remain under customs control. Grazing shall be limited to a 10 km strip both sides of the border between Switzerland and the Community; this distance may be increased in special duly substantiated conditions. Where there are outbreaks of diseases, suitable appropriate measures shall be taken by common consent between the competent veterinary authorities.
Those authorities shall consider how to cover any costs involved. If necessary the matter shall be referred to the Joint Veterinary Committee.
Where animals for slaughter are bound for the abattoir in Basle, documentary checks only shall be carried out at one of the points of entry into Swiss territory. This provision may be extended to other abattoirs along the border between the Community and Switzerland. Where animals are bound for the customs enclave of Livigno, documentary checks only shall be carried out at Ponte Gallo. This rule shall apply only to animals originating in the canton of Grisons. This provision may be extended to other areas under customs control along the border between the Community and Switzerland.
Where animals are bound for the canton of Grisons, documentary checks only shall be carried out at La Drossa. This rule shall apply only to animals originating in the customs enclave of Livigno. This provision may be extended to other areas along the border between the Community and Switzerland. Where live animals are loaded directly or indirectly onto a train at a point in the territory of the Community for unloading at another point in the territory of the Community after transit through Swiss territory, the only requirement shall be to inform the Swiss veterinary authorities beforehand.
This rule shall apply only to trains the composition of which does not change in the course of transport. Where live animals originating in the Community are to cross through Swiss territory, the Swiss authorities shall carry out documentary checks only. Michael Strebensen wtf this great ebook for free?! Reply 2 Like Follow 48 minutes ago. Hun Tsu My friends are so mad that they do not know how I have all the high quality ebook which they do not!
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