# Commission Implementing Decision (EU) 2015/1084Show full title

Commission Implementing Decision (EU) 2015/1084 of 18 February 2015 approving on behalf of the European Union certain amendments            to Annexes II, V, VII and VIII to the Agreement between the European Community and New Zealand on sanitary measures applicable            to trade in live animals and animal products (notified under document C(2015) 797) (Text with EEA relevance)         

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# Commission Implementing Decision (EU) 2015/1084                     

# of 18 February 2015

# approving on behalf of the European Union certain amendments to Annexes II, V, VII and VIII to the Agreement between the European                        Community and New Zealand on sanitary measures applicable to trade in live animals and animal products                     

# *(notified under document C(2015) 797)*

# (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 97/132/EC of 17 December 1996 on the conclusion of the Agreement between the European Community                           and New Zealand on sanitary measures applicable to trade in live animals and animal products(1), and in particular the third paragraph of Article 3 thereof,                        

Whereas:

(1)The Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and                              animal products (‘the Agreement’) provides for the possibility of recognising equivalence for sanitary measures after the                              exporting Party has objectively demonstrated that its measures achieve the importing Party's appropriate level of protection                              (‘the Parties’).

(2)The Agreement was duly approved by Decision 97/132/EC which also provides that amendments to the Annexes thereto which are                              the result of the recommendations by the Joint Management Committee should be adopted according to the procedure referred                              to in Council Directive 72/462/EEC(2). Directive 72/462/EEC was repealed by Council Directive 2004/68/EC(3). Recital 10 of Directive 2004/68/EC states that the public health and official control rules which apply to meat and meat                              products by virtue of Directive 72/462/EEC have been replaced by those of Regulation (EC) No 854/2004 of the European Parliament                              and of the Council(4). That recital also states that the other rules of Directive 72/462/EEC have been replaced by Council Directive 2002/99/EC(5) and by Directive 2004/68/EC.

(3)New Zealand restructured its competent authorities in 2010 and the new competent authority is now the Ministry for Primary                              Industries. The Union proposed a slight amendment to the definition of the roles of the Member States and the Commission.                              The Parties recommended updating Annex II to the Agreement to reflect these changes.

(4)The Parties recommended making changes to the definitions of the different equivalence status, notably on the ‘Yes-1’ status                              in the Glossary of Annex V to the Agreement, where a link to the model attestation in Section 1(a) of Annex VII thereto on                              certification was made. The Parties also wished to provide for a legal basis for the Union to use the integrated electronic                              system of the Union provided for in Commission Decision 2003/24/EC(6) (‘TRACES’) for laying down the import certificates for ‘Yes-1’ products from New Zealand. This use will allow for more rapid                              certification updates, as well as for further use of electronic certification. The Parties further recommended including definitions                              for TRACES and the electronic system of New Zealand (E-cert) and updating the names of certain animal diseases listed in the                              Glossary of Annex V to the Agreement.

(5)New Zealand carried out a new risk assessment for the import of bovine semen and embryos. As a result, epizootic haemorrhagic                              disease is no longer considered a disease of significance for bovine semen and New Zealand has removed its import conditions.                              Furthermore, the conditions on Q-fever and bovine viral diarrhoea (type II) were revised by New Zealand. The Parties therefore                              recommended amending Chapter 1 on ‘Semen’ and Chapter 2 on ‘Embryos’ of Section 1 and Chapter 28 on ‘Miscellaneous certification                              provisions’ of Section 5 of Annex V to the Agreement. The Parties furthermore recommended deleting, in Chapter 1 on ‘Semen’                              of Section 1, the previous ‘actions’ for New Zealand exports to the Union and introducing a new ‘action’ requesting the Union                              to consider reviewing whether testing of semen for infectious bovine rhinotracheitis (IBR) using the polymerase chain reaction                              (PCR) testing methodology approved by the World Organisation for Animal Health (OIE), which provides an equivalent assurance                              to IBR disease freedom. It is therefore appropriate to amend the special conditions in Chapters 1 and 2 of Section 1 and the                              relevant certification provisions in Chapter 28 of Section 5 of Annex V to the Agreement.

(6)In relation to live bees, the Union has adopted new legislation for the listing of Member States or regions free of varroosis                              in bees and to which trade restrictions apply. These apply also to imports from New Zealand, as it is not free of that disease.                              The Parties recommended adding, in Chapter 3 on ‘Live animals’ of Section 1 of Annex V to the Agreement, for live bees and                              bumble bees including ‘bee/bumble bee germplasm’ set out under special conditions, an export restriction to Member States                              or regions thereof listed in the Annex to Commission Implementing Decision 2013/503/EU(7). The Union has also amended its import conditions for American foul brood in Commission Decision 2010/270/EU(8). The Parties therefore also recommended amending Chapter 28 on ‘Miscellaneous certification provisions’ of Section 5 of Annex                              V to the Agreement.

(7)For the reasons of consistency with Chapter 4.B on ‘Fresh Poultry Meat’ of Section 2 of Annex V to the Agreement, the Parties                              agreed to amend the Title of Section 2 in Annex V thereto, by including the word ‘fresh’ before poultry meat.

(8)New Zealand conducted a risk assessment on porcine respiratory reproductive syndrome (PRRS) and amended its import conditions                              for pig meat. The Parties therefore recommended adding PRRS under the special conditions of Chapter 4.A on ‘Fresh Meat’ of                              Section 2 of Annex V to the Agreement, on animal health, pigs for exports from the Union to New Zealand and laying down the                              relevant attestations in Chapter 28 of Section 5 of Annex V thereto.

(9)New Zealand revised its rules on carton handling in meat in 2010. The Union evaluated those new rules and determined that                              they are equivalent to Union rules. The Parties agreed therefore to maintain equivalence, while no change to Annex V to the                              Agreement is necessary.

(10)New Zealand revised its meat inspection system for bovines and ovine and caprine in 2012. The main changes relate to transferring                              quality related meat inspection tasks to the food business operator, while keeping the overall supervision under the competent                              authority. The Union evaluated those new rules and determined that they are equivalent to Union rules. The Parties agreed                              therefore to maintain equivalence, while no change to Annex V to the Agreement is necessary.

(11)New Zealand conducted a science based risk assessment on raw milk products and established import requirements and legal mechanisms                              to recognise equivalence for unpasteurised milk products (excluding raw milk). The Union studied that assessment and both                              Parties concluded and recommended recognising reciprocal equivalence on these products in 2010. For consistency and simplification,                              the Parties recommended replacing, in Chapter 8 on ‘Milk and milk products for human consumption’ of Section 3 of Annex V                              to the Agreement, the subtypes ‘Soft raw milk cheeses’ and ‘Hard raw milk cheeses (Parmesan)’ with a new subtype ‘Unpasteurised                              milk products (excluding raw milk)’ set to a ‘Yes-1’ status without any special conditions.

(12)The Union revised its rules on testing methods for detecting marine biotoxins in live bivalve molluscs in Commission Regulation                              (EU) No 15/2011(9). New Zealand submitted to the Union equivalence dossiers on its biotoxin testing methodology and approval criteria in the                              years 2003, 2006 and 2010. After evaluation, the Parties determined that each other's systems are equivalent, while no change                              to Annex V to the Agreement is necessary.

(13)The Union undertook a major review of its animal by-products (‘ABP’) legislation. Regulation (EC) No 1774/2002 of the European                              Parliament and of the Council(10) was repealed and replaced by Regulation (EC) No 1069/2009 of the European Parliament and of the Council(11) and Commission Regulation (EU) No 142/2011(12). Based on an assessment on the maintenance of equivalence, the Parties concluded that the equivalence status for ABP for                              New Zealand exports to the Union, as well as for Union exports to New Zealand under the Agreement, is not affected by the                              new Union legislation and no change to Annex V thereto is necessary.

(14)As regards the amendment of Regulation (EC) No 1774/2002 by Commission Regulation (EC) No 668/2004(13) adding flavouring innards and fat derivatives as a separate commodity, the Parties recommended adding flavouring innards                              as a listed commodity in Chapter 21 on ‘Petfood (includes processed) containing only category 3 material’ of Section 4 of                              Annex V to the Agreement. The Parties recommended setting for animal and public health a ‘Yes-3’ status for New Zealand exports                              to the Union and an ‘NE’ status for Union exports to New Zealand.

(15)The Parties recommended amending the Title of Chapter 27 of Section 5 of Annex V to the Agreement from ‘Definitions’ to ‘Horizontal                              issues’, while deleting all subchapters of that Chapter.

(16)The Subchapter ‘Certification Systems’ of Chapter 27 of Section 5 of Annex V to the Agreement clarifies the type of commodities                              to which certification systems equivalence applies. The Parties recommended moving this clarification on the type of commodities                              from the column ‘Special conditions’ column to the column ‘Equivalence’ of that Subchapter, without introducing any changes.

(17)The Parties recommended inserting in Chapter 27 of Section 5 of Annex V to the Agreement, a subchapter on provisions for the                              re-export of imported products where the product originates from a third country and from establishment(s) authorised for                              export the product to both the Union and New Zealand. This provision is currently provided for in Annex VII to Commission                              Decision 2003/56/EC(14).

(18)Based on an assessment, the Parties concluded that, for products where equivalence ‘Yes-1’ is established, both Parties' microbiological                              monitoring and testing systems for fishery and dairy products were equivalent, though acknowledged that the microbiological                              criteria may differ. The responsibility for meeting the specific importing Parties' food safety criteria is with the exporting                              operators. The Parties recommended including, in Chapter 27 of Section 5 of Annex V to the Agreement, a subchapter on provisions                              on a microbiological monitoring and testing system. These provisions also apply to the meat sector, based on the equivalence                              status previously agreed by the Parties.

(19)Based on an evaluation, the Parties concluded that each Party' systems for listing establishments are equivalent. The Parties                              therefore recommended laying down, in Chapter 27 of Section 5 of Annex V to the Agreement, a subchapter on provisions for                              a simplified listing procedure for New Zealand establishments producing animal products for export to the Union. This applies                              to products where equivalence is established on public health.

(20)The Union amended its import conditions on bovine spongiform encephalopathy (BSE) in Regulation (EC) No 999/2001 of the European                              Parliament and of the Council(15). To reflect those amendments, the Parties recommended updating Chapter 28 on ‘Miscellaneous certification provisions’ of                              Section 5 of Annex V to the Agreement.

(21)Rather than listing Member States and regions thereof free from IBR and with approved control programmes in place in Chapter                              28 of Section 5 of Annex V to the Agreement, the Parties recommended that Chapter 28 refers to Commission Decision 2004/558/EC(16), which recognises and lists those Member States and regions thereof.

(22)Rather than listing Member States and regions thereof with free from Aujeszky's disease and with approved control programmes                              in place in Chapter 28 of Section 5 of Annex V to the Agreement, the Parties recommended that Chapter 28 refers to Commission                              Decision 2008/185/EC(17) which recognises and lists those Member States and regions thereof.

(23)The Parties recommended adding a certificate attestation in Chapter 28 of Section 5 of Annex V to the Agreement, for classical                              swine fever (CSF) for products from feral pigs exported from the Union to New Zealand.

(24)In the interests of consistency with Chapter 28 of Section 5 of Annex V to the Agreement, the Parties recommended using the                              term ‘attestation’ throughout the table of Chapter 29 on ‘Mutually agreed disease control measures’ in that Annex.

(25)The Parties recommended splitting Chapter 29 of Section 5 of Annex V to the Agreement, into two Subchapters, ‘29.A. Mutually                              agreed disease status for specific diseases’, incorporating the existing Chapter 29, and a new Subchapter ‘29.B. Mutually                              agreed disease control measures in the event of the occurrence of a specific disease’.

(26)As regards Article 6 of the Agreement, namely ‘Adaption to Regional Conditions’, the Parties recommended including, in Subchapter                              29.B of Section 5 of Annex V thereto, the common trade conditions for certain animal products in the event of the occurrence                              of a specific disease in each other's territories.

(27)To simplify certification in Annex VII to the Agreement and to facilitate the move to electronic certification, the Parties                              recommended amending Section 1 of that Annex to provide for the possibility to reduce the number of model certificates through                              minimising the number of required attestations. Furthermore, the Parties recommended that the need to include the legislative                              references of the exporting Party, as provided for in Annex V to the Agreement, should be at the discretion of the importing                              Party.

(28)The Parties clarified that the model health attestation, as laid down in Section 1 of Annex VII to the Agreement, may be used                              when a live animal or product has equivalence ‘Yes (1)’ on public health or animal health only, without the need for certification                              equivalence. Consequently, the Parties recommended amendments to Section 1 of that Annex, including to the provision for the                              model attestation to be used on certificates issued after the date of departure, such that its use be limited to live animals                              and products for which certification systems equivalence has been determined in Chapter 27 of Section 5 of Annex V thereto.

(29)The Parties recommended laying down, in Section 1 of Annex VII, the legal basis for certain optional additional provisions                              laid down in Annex V to the Agreement, to be included in the certificate. This amendment relates to additional attestations                              described in Chapter 28 of Section 5 of that Annex and, for Union exports to New Zealand, the additional attestation ‘the                              animal product is eligible for intra-Union trade without restriction’.

(30)To simplify certification in Section 2 of Annex VII to the Agreement, and to facilitate the shift to electronic certification,                              the Parties recommended removing the need for certificates to include the explanatory notes providing guidance for completion,                              as well as the need to include attestations that are irrelevant to the consignment. Furthermore, the Parties recommended that                              minor amendments to be made to the format of the model certificate are permitted.

(31)Both Parties have developed electronic certification systems, as well as a link enabling data transfer between the New Zealand                              E-cert and the Union TRACES systems, thereby enabling certification to be provided electronically for New Zealand products                              exported to the Union. As that electronic certification provides equivalent guarantees to paper based certification, the Parties                              recommended amending Annex VII to the Agreement to provide the legal mechanism necessary to allow for the exclusive use of                              electronic certification.

(32)The Parties re-evaluated the frontier checks of live animals and animal products laid down in Section A of Annex VIII to the                              Agreement. The Parties recommended laying down the level of identity checks to 100 % whereby this rate may be applied by the                              Parties in a discretionary way. The Parties further recommended laying down a legal basis for delegating the activities for                              the frontier checks to a responsible person or agency. Based on the high level of performance and reliability in bilateral                              trade, the Parties recommended reducing the frequency rate of physical checks for animal products for human consumption from                              2 % to 1 %. The Parties further clarified that live animals for human consumption are in the same category as animal products                              for human consumption in relation to the testing frequency for physical checks and therefore recommended adding ‘Live animals’                              before ‘animal products for human consumption’ in Chapter 2 on ‘Physical checks’, now amended into ‘Physical checks (including                              random or targeted)’ of Section A of that Annex.

(33)After a re-evaluation of the inspection fees for border checks, the Parties recommended updating these fees in Section B of                              Annex VIII to the Agreement. For New Zealand exports to the Union, the Parties recommended that the inspection fees be applied                              in accordance with Annex V to Regulation (EC) No 882/2004 of the European Parliament and of the Council(18) with a reduction of 22,5 %. This reduction rate is calculated on the assumption that the rate of the physical checks for                              New Zealand imports is only 10 % of the normal physical checks rate applied to other third countries and assuming that the                              costs for physical checks account for 25 % of the total fees costs. For Union exports to New Zealand, there is a differentiation                              between consignments where documentary and identity checks are carried out and those where additionally physical checks are                              carried out. There is further laid down an inflation adjustment for New Zealand's inspection fees.

(34)Due to changes to the laws of both Parties, the legislative references within the Annexes to the Agreement are out-of-date.                              Both Parties therefore recommended updating the legislation references of the Union and New Zealand in those Annexes.

(35)When referring to those proposed amendments to Annexes II, V, VII and VIII to the Agreement, at its meetings and conference                              calls on 30-31 March 2009, 24 June 2010, 24 March 2011, 29-30 May 2012 and 12 December 2013, the Joint Management Committee                              recommended that they be made.

(36)As a result of those recommendations, it is appropriate to amend the relevant provisions in Annexes II, V, VII and VIII to                              the Agreement.

(37)Pursuant to Article 16 of the Agreement, amendments to the Annexes are agreed jointly, which may be done by correspondence                              in an Exchange of Letters between the Parties.

(38)Accordingly, the recommended amendments to Annexes II, V, VII and VIII to the Agreement should be approved on behalf of the                              Union.

(39)Pursuant to Article 18(3) of the Agreement, agreed amendments of the Annexes to the Agreement should enter into force on the                              first day of the month following the date on which the Parties notified each other in writing that their respective internal                              procedures for the approval of amendments have been completed.

(40)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals,                              Food and Feed.

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Pursuant to the recommendations made by the Joint Management Committee established under Article 16 of the Agreement between                     the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products, the amendments                     to Annexes II, V, VII and VIII to that Agreement are hereby approved on behalf of the European Union.                  

The text of an Exchange of Letters constituting an Arrangement with New Zealand, including the amendments to Annexes II, V,                     VII and VIII to the Agreement, is attached to this Decision.                  

# Article 2U.K.

The Director-General for Health and Food Safety is hereby authorised, on behalf of the European Union, to sign the Letter                     in order to bind the European Union.                  

# Article 3U.K.

The amending Arrangement in the form of an Exchange of Letters shall be published in the *Official Journal of the European Union*, as well as the date of its entry into force.                  

# Article 4U.K.

This Decision is addressed to the Member States.

Done at Brussels, 18 February 2015.

*For the Commission*                            

Vytenis Andriukaitis                            

*Member of the Commission*                            

## ANNEXU.K.

### AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS constituting an Arrangement with New Zealand on the amendments to Annexes                        II, V, VII and VIII to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade                        in live animals and animal products of 17 December 1996U.K.

#### A. *Letter from the European Union*U.K.

23 March 2015

Dear Ms Roche,

With reference to Article 16(2) of the *Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal                        products* of 17 December 1996, I have the honour to propose the following amendments to Annexes II, V, VII and VIII to the Agreement                     as follows.                  

As recommended by the Joint Management Committee established under Article 16(1) of the Agreement, to replace the text of                     Annexes II, V, VII and VIII with the respective texts of Annexes II, V, VII and VIII as attached hereto.                  

I would be obliged if you would confirm New Zealand's concurrence with these amendments to the Annexes to the Agreement.

With reference to Article 18(3) of the Agreement, I am also pleased to inform you that the internal procedure of the European                     Union for the approval of the amendments has been completed.                  

Please accept the assurance of my highest consideration.

*For the European Union*                   

Ladislav Miko                   

#### B. *Letter from New Zealand*U.K.

31 March 2015

Dear Mr Miko,

I have the honour to refer to your letter containing details of proposed modifications to Annexes II, V, VII and Annex VIII                     of the *Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal                        products* of 17 December 1996.                  

In this regard I have the honour to confirm the acceptability to New Zealand of the proposed modifications, as recommended                     by the Joint Management Committee established under Article 16(1) of the Agreement, a copy of which is attached hereto.                  

With reference to Article 18(3) of the Agreement, I am also pleased to inform you that the internal procedure of New Zealand                     for the approval of the amendments has been completed.                  

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

Yours sincerely

*For the competent authority of New Zealand*                   

Ms Deborah Roche                   

*Deputy Director-General Policy & Trade*                   

### “ANNEX II**RESPONSIBLE AUTHORITIES**

### PART AU.K.**New Zealand**

The Ministry for Primary Industries is responsible for controls in sanitary issues and veterinary affairs.
          -  In terms of exports to the European Union the Ministry for Primary Industries is responsible for setting sanitary (food safety)                           and animal health (zoosanitary) standards and requirements and specifying the health certification attesting to the agreed                           sanitary and zoosanitary standards and requirements,                         
          -  In terms of imports into New Zealand, the Ministry for Primary Industries is responsible for setting sanitary (food safety)                           and animal health (zoosanitary) standards and requirements.                         

### PART BU.K.**European Union**

Control is shared between the national services in the individual Member States and the European Commission. In this respect,                     the following applies:                  
          -  In terms of exports to New Zealand, the Member States are responsible for the control of production circumstances and requirements,                           including statutory inspections/audits and issuing health certification attesting to the agreed standards and requirements,                         
          -  In terms of imports into the European Union, the European Commission is responsible for overall coordination, inspections/audits                           of control systems and the necessary legislative action to ensure uniform application of standards and requirements within                           the internal market.                         

### ANNEX V**RECOGNITION OF SANITARY MEASURES**

#### **Glossary**

#### *Section 1*

**Germplasm and live animals**

#### *Section 2*

**Meat (including fresh meat, fresh poultry meat, farmed and wild game meat), minced meat, meat preparations and meat products                           for human consumption**

#### *Section 3*

**Other products for human consumption**

#### *Section 4*

**Products not intended for human consumption**

#### *Section 5*

**General horizontal issues**

### ANNEX VII**CERTIFICATION**

Official health certificates will cover consignments of live animals and/or animal products being traded between the Parties.

#### **Section 1: Health attestations:**U.K.

For commodities with equivalence “Yes-1” agreed

The following model health attestation to be used (equivalence for animal and/or public health as appropriate). Refer Yes                                       (1) Annex V;                                    

‘The live animal(s) or animal product(s) herein described, complies/y with the relevant (European Union/New Zealand(19)) standards and requirements which have been recognized as equivalent to the (New Zealand/European Union(19)) standards and requirements as prescribed in the European Union/New Zealand Agreement on sanitary measures (Council Decision                                          97/132/EC).                                    

Specifically, in accordance with (insert ... exporting Party's legislation)(20)’                                    

AND

The additional attestation(s) described in Chapter 28 of Section 5 of Annex V, as relevant and referred to as “Special Conditions”                                       within Annex V, to be used.                                    

For EU exports to New Zealand, the additional attestation(s) to be used: “the animal product is eligible for intra-Union trade                                       without restriction”.                                    

For exports from New Zealand: For consignments of commodities for which the model health attestation as referred to in Section                                       1 paragraph (a)(i) is prescribed and equivalence is established in Annex V, Section 5, Chapter 28, Subchapter “Certification                                       systems”, the additional attestation to be used when certificates are issued after the date of departure(21) of consignments: “The undersigned officer certifies this consignment on the basis of eligibility document(s) (specify reference                                       to the appropriate Eligibility Document(s) ED)) issued on (insert date), which were ascertained by him/her and were issued                                       prior to the departure of the consignment”.                                    

For all commodities

Following confirmation by the exporting party, in accordance with Article 12, that a disease listed in Chapter 29.B. of Section                              5 of Annex V has occurred, the relevant additional attestation(s), as described in Chapter 29.B. of Section 5 of Annex V,                              shall be applied to official health certificates. The relevant additional attestation(s) provided for in Chapter 29.B. of                              Section 5 of Annex V to be used until a regionalisation decision is taken by the exporting party, in accordance with Article                              6, or as otherwise mutually agreed.                           

#### **Section 2: Completion of Certificates:**U.K.

When issuing a paper certificate, the signature and official seal applied must be in a colour different to that of the printing.

For exports from New Zealand: when a paper official health certificate is issued, the official health certificate shall be                              issued in English, as well as in one of the languages of the Member State in which the border inspection post where the consignment                              is presented, is situated.                           

For exports from the European Union: the official health certificate shall be issued in the language of the Member State of                              origin, as well as in English.                           

Each consignment intended for export shall be supported by an original health certificate(s), or original veterinary document(s)                              or other original document(s) where specified under the Agreement which convey agreed sanitary information.                           

Minor modifications to the format of the model certificate are permitted.

The official health certificates do not need to include the explanatory notes providing guidance for completion, nor the attestations                              that are irrelevant to the consignment.                           

#### **Section 3: Electronic Data Transmission:**U.K.

The exchange of original veterinary certificate(s) or other original document(s)/information may occur by paper based systems                              and/or secure methods of electronic data transmission offering equivalent certification guarantees, including the use of digital                              signature and non-repudiation mechanism. Where the exporting Party elects to provide electronic official health certificates                              and/or veterinary document(s), the importing Party must have determined that equivalent security guarantees are being provided.                              The importing Party's agreement for the exclusive use of electronic certification can either be recorded in one of the Annexes                              to the Agreement or by correspondence in accordance with Article 16(1) to the Agreement. The Parties shall take all necessary                              steps to ensure the integrity of the certification process, to guard against fraud and prevent false and misleading certification.                           

Electronic data transmission systems offering equivalent guarantees:
                -  New Zealand — E-cert 
                -  EU — TRACES 

The official health certificate shall be issued and provided to the border inspection post either:

As an original signed paper certificate, or

Electronically through use of electronic data transmission using E-cert and TRACES according to the procedure described in                                       Section 3 (a).                                    

#### **Section 4: Controls:**U.K.

The controlling authority shall ensure that official certifying officers are aware of the importing party's health conditions                     as prescribed in this Agreement and are obliged to certify to these requirements where appropriate.                  

### ANNEX VIII**FRONTIER CHECKS AND INSPECTION FEES**

#### A.FRONTIER CHECKS ON CONSIGNMENTS OF LIVE ANIMALS AND ANIMAL PRODUCTSU.K.

#### B.INSPECTION FEESU.K.

The fees specified in B.I and II of this Annex shall be applied to imports.

Fees, unless otherwise agreed, shall be set so that they only recover the actual costs of border inspection service and shall                     not be higher than the equivalent consignment fee charged for the same commodity imported from other third countries.                  

##### B.I.**For the European Union**U.K.

**Live animals and germplasm inspection fees:**                   

Inspection fees shall be applied in accordance with Annex V to Regulation (EC) No 882/2004.

**Products of animal origin:**                   

Inspection fees shall be applied in accordance with Annex V to Regulation (EC) No 882/2004 with a reduction of 22,5 %(22). However, for the transit of goods through the Union, inspection fees shall be applied in accordance with Annex V to Regulation                     (EC) No 882/2004 without reduction.                  

##### B.II.**For New Zealand**U.K.

**Live animals and germplasm inspection fees:**                   

Inspection fees shall be applied in accordance with New Zealand — Biosecurity (Costs) Regulations.

**Products of animal origin:**                   
          -  **Documentary and identity checks inspection fees:**                                       -  Single consignment — Maximum 149,60(+ gst) NZD per consignment 
            -  Multi container consignments — Maximum 149,60(+ gst) NZD for the first container and a Maximum of 75 (+ gst) NZD/container                                 for additional containers                               
            -  Break bulk consignments — Maximum 149,60(+ gst) NZD/hour 
          -  **Documentary, identity + physical checks inspection fees:**                           Single consignment — inspection fees applied in accordance with New Zealand regulations:              -  Animal Health Biosecurity (Costs) Regulations 
            -  Public Health Fees and Charges Regulation 

**Inflation adjustment for New Zealand's inspection fees:**                   
          -  New Zealand inspection fees may be adjusted on an annual basis in accordance with the following formula: 
          -  Maximum inspection fee = 
          -  Annex VIII listed inspection fee × (1 + average inflation rate/100*)(Current year — 2009) 

###### *as calculated on an ongoing basis for New Zealand as published by the Reserve Bank of New Zealand.”U.K.

1

OJ L 57, 26.2.1997, p. 4.                           

2

Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine,                              ovine and caprine animals and swine, fresh meat products from third countries (OJ L 302, 31.12.1972, p. 28).                           

3

Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through                              the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC                              (OJ L 139, 30.4.2004, p. 321).                           

4

Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for                              the organisation of official controls on products of animal origin intended for human consumption (OJ L 139, 30.4.2004, p. 206).                           

5

Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing,                              distribution and introduction of products of animal origin for human consumption (OJ L 18, 23.1.2003, p. 11).                           

6

Commission Decision 2003/24/EC of 30 December 2002 concerning the development of an integrated computerised veterinary system                              (OJ L 8, 14.1.2003, p. 44).                           

7

Commission Implementing Decision 2013/503/EU of 11 October 2013 recognising parts of the Union as free from varroosis in bees                              and establishing additional guarantees required in intra-Union trade and imports for the protection of their varroosis-free                              status (OJ L 273, 15.10.2013, p. 38).                           

8

Commission Decision 2010/270/EU of 6 May 2010 amending Parts 1 and 2 of Annex E to Council Directive 92/65/EEC as regards                              the model health certificates for animals from holdings and for bees and bumble bees (OJ L 118, 12.5.2010, p. 56).                           

9

Commission Regulation (EU) No 15/2011 of 10 January 2011 amending Regulation (EC) No 2074/2005 as regards recognised testing                              methods for detecting marine biotoxins in live bivalve molluscs (OJ L 6, 11.1.2011, p. 3).                           

10

Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning                              animal by-products not intended for human consumption (OJ L 273, 10.10.2002, p. 1).                           

11

Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as                              regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002                              (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).                           

12

Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament                              and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption                              and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border                              under that Directive (OJ L 54, 26.2.2011, p. 1).                           

13

Commission Regulation (EC) No 668/2004 of 10 March 2004 amending certain Annexes to Regulation (EC) No 1774/2002 of the European                              Parliament and of the Council, as regards the importation from third countries of animal by-products (OJ L 112, 19.4.2004, p. 1).                           

14

Commission Decision 2003/56/EC of 24 January 2003 on health certificates for the importation of live animals and animal products                              from New Zealand (OJ L 22, 25.1.2003, p. 38).                           

15

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention,                              control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1).                           

16

Commission Decision 2004/558/EC of 15 July 2004 implementing Council Directive 64/432/EEC as regards additional guarantees                              for intra-Community trade in bovine animals relating to infectious bovine rhinotracheitis and the approval of the eradication                              programmes presented by certain Member States (OJ L 249, 23.7.2004, p. 20).                           

17

Commission Decision 2008/185/EC of 21 February 2008 on additional guarantees in intra-Community trade of pigs relating to                              Aujeszky's disease and criteria to provide information on this disease (OJ L 59, 4.3.2008, p. 19).                           

18

Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed                              to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).                           

19

Delete as appropriate.

20

Optional, at the discretion of the importing Party.”

21

Date of departure is the date on which the vessel left the final port of New Zealand.

22

Calculated on the assumption that the rate of the physical checks for New Zealand imports is only 10 % of the normal physical                              checks rate applied to other third countries and assuming that the costs for physical checks account for 25 % of the total                              fees costs.