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COMMISSION DECISION

of 16 February 2005

approving on behalf of the European Community amendments to the Annexes to the Agreement between the European Community and the Government of Canada on sanitary measures applicable to trade in live animals and animal products

(notified under document number C(2005) 336)

(Text with EEA relevance)

(2005/306/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 1999/201/EC of 14 December 1998 on the conclusion of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (1), and in particular Article 4, third paragraph thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Pursuant to the recommendations made by the Joint Management Committee established under Article 16 of the Agreement between the European Community and the Government of Canada on sanitary measures applicable to trade in live animals and animal products the modifications to Annex V and Annex VIII to the said Agreement are hereby approved on behalf of the Community. The text of an Exchange of Letters constituting an agreement with the Government of Canada, including the modifications to the Annexes to the Agreement, is attached to this Decision.

Article 2

The Director-General for Health and Consumer Protection is hereby empowered to sign the agreement in the form of an Exchange of Letters in order to bind the Community.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 16 February 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)OJ L 71, 18.3.1999, p. 1.

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AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

with the Government of Canada on the modifications of Annex V and Annex VIII to the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products

Brussels, 7 March 2005

Sir,

With reference to Article 16(2) and (3) of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products, done at Ottawa on 17 December 1998, hereafter called the Agreement, I have the honour to propose modifications to Annex V and Annex VIII to the Agreement in accordance with the recommendations of the Joint Management Committee established under Article 16(1) of the Agreement, as follows:

I have the honour to propose that if this letter and the Appendices thereto are acceptable to your Government, this letter and your confirmation shall together constitute an agreement to amend the Agreement between the European Community and Canada, which shall enter into force on the date of your reply.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

Robert MADELIN

Director-General for Health and Consumer Protection

Brussels, 15 March 2005

Sir,

I have the honour to acknowledge receipt of your letter of 7 March 2005 which reads as follows:

‘Sir,

With reference to Article 16(2) and (3) of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products, done at Ottawa on 17 December 1998, hereafter called the Agreement, I have the honour to propose modifications to Annex V and Annex VIII to the Agreement in accordance with the recommendations of the Joint Management Committee established under Article 16(1) of the Agreement, as follows:

I have the honour to propose that if this letter and the Appendices thereto are acceptable to your Government, this letter and your confirmation shall together constitute an agreement to amend the Agreement between the European Community and Canada, which shall enter into force on the date of your reply.’

I have the honour to confirm that the above is acceptable to my Government and that your letter, and this reply and the attached Appendices, which are equally authentic in English and French, together shall constitute an agreement to amend the Agreement between Canada and the European Community, in accordance with your proposal, which shall come into force on the date of this letter.

Please accept, Sir, the assurances of my highest consideration.

For the Government of Canada

Jeremy KINSMAN

Ambassador of the Canadian Mission to the EU

APPENDIX I

‘3.   Semen

APPENDIX II

‘6.   Fresh meat

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(1)  http://www.inspection.gc.ca/francais/anima/meavia/mmopmmhv/chap11/eu-uef.shtml for the French version and http://www.inspection.gc.ca/english/anima/meavia/mmopmmhv/chap11/eu-uee.shtml for the English version.

APPENDIX III

‘FOOTNOTES

Footnote A

Fresh meat, meat products, poultry meat, game meat

I.   CANADIAN EXPORTS TO THE EC:

II.   EC EXPORTS TO CANADA:

APPENDIX IV

‘ANNEX VIII

FRONTIER CHECKS

Frequencies of frontier checks on consignments of live animals and animal products

The Parties may modify any frequency rate, within their responsibilities, as appropriate, taking into account the nature of any checks applied by the exporting Party prior to export, the importing Party’s past experience with products imported from the exporting Party, any progress made toward the recognition of equivalence, or as a result of other actions or consultations provided for in this Agreement.

For the purposes of this Agreement, “consignment” means a quantity of products of the same type, covered by the same health certificate or document, conveyed by the same means of transport, consigned by a single consignee and originating from the same exporting Party or part of such Party.’

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