Agreement in the form of an Exchange of Letters

concerning amendments to the Annexes to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products

A. Letter from the European Community

Brussels, 28.11.2002

Sir,

With reference to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products, I have the honour to propose to you to amend the Annexes to this Agreement as follows:

Replace the texts of Annex V, Horizontal Issues 42.A and 42.B, and Annex VII with the texts of Annexes A and B as agreed by our respective services and attached hereto.

I should be obliged if you would confirm the agreement of New Zealand to such amendment of the Annexes to the Agreement.

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

For the European Community

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B. Letter from New Zealand

London, 28.11.2002

Sir,

I have the honour to refer to your letter containing details of proposed amendments to Annex V, Horizontal Issues 42.A and 42.B, and Annex VII of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products.

In this regard I have the honour to confirm the acceptability to New Zealand of the proposed amendments as set out in your letter referred to above, a copy of which is attached hereto.

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

For the competent authority of New Zealand

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ANNEX A

"ANNEX V

RECOGNITION OF SANITARY MEASURES

>TABLE>

Annex V

(a) Not evaluated, Still evaluating, Yes (3), Yes (2) and No = existing trade conditions apply in the interim.

(b) For the EC: Animal and animal products must be eligible for intra-Community trade, unless otherwise indicated in the text of Annex V.

(c) For definitions of abbreviations refer to Glossary at the beginning of this Annex."

ANNEX B

"ANNEX VII

CERTIFICATION

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

Health attestations:

(a) (i) full equivalence agreed - Model health attestation to be used (equivalence for animal and/or public health as appropriate and for certification systems). Refer Yes (1) Annex V;

"The (insert live animal or animal product) herein described, complies with the relevant (European Community/New Zealand(1)) (animal health/public health(2)) standards and requirements which have been recognised as equivalent to the (New Zealand/European Community(3)) standards and requirements as prescribed in (European Community/New Zealand Veterinary Agreement (Council Decision 97/132/EC)). Specifically, in accordance with (insert ... exporting Party's legislation)";

(ii) equivalence agreed for animal and/or public health as appropriate, Refer Yes (1) Annex V, but not for certification systems - existing certification;

(b) equivalence agreed in principle - minor issues to be resolved. Refer Yes (2), Annex V - existing certification;

(c) equivalence in form of compliance with importing country's requirements - health attestation to be used in accordance with Annex V. Refer Yes (3), Annex V;

(d) not equivalent - existing certification.

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

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

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.

For consignments of commodities for which the model health attestation as referred to in paragraph (a)(i) is prescribed, the official health certificate may be issued after departure of the consignment provided that:

- the certificate shall be available at arrival in the border inspection posts,

- the statement provided for in paragraph (a)(i) shall be completed by the following statement: "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 and were issued prior to the departure of the consignment".

(1) Delete as appropriate.

(2) Delete as appropriate.

(3) Delete as appropriate."