EN Official Journal of the European Union L 201/66

COMMISSION DECISION

of 26 May 2009

approving on behalf of the European Community certain amendments to Annex V 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

(Text with EEA relevance)

(2013/397/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 the third paragraph of Article 4 thereof,

Whereas:

(1) 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 (hereafter ‘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 Agreement was approved on behalf of the Community by Decision 1999/201/EC.

(2) The determination of equivalence was carried out and concluded with Canada for equivalence on public health measures concerning fishery products. Equivalence has been concluded on a reciprocal basis.

(3) The Joint Management Committee established under the Agreement (‘the Joint Management Committee’), at its meeting on 5 and 6 October 2006, issued a recommendation concerning the determination of equivalence on hygiene rules for fishery products. This was complemented by a specific recommendation concerning equivalence on microbiological criteria for fishery products at the meeting of the Joint Management Committee on 3 and 4 October 2007.

(4) The Joint Management Committee, at its meeting on 5 and 6 October 2006, issued a recommendation concerning the establishment of rules for imports into the Community for fish caught under the authority of a recreational fishing licence from Canada. The Joint Management Committee, at its meeting on 5 and 6 October 2006, issued a recommendation as regards fresh meat to update the legal basis of the EU and Canadian standards.

(5) The Joint Management Committee, at its meeting on 5 and 6 October 2006, issued a recommendation as regards minced meat and to update the legal basis of the EU standards.

(6) The Joint Management Committee, at its meeting on 3 and 4 October 2007, issued a recommendation concerning the determination of equivalence for poultry post-mortem requirements on poultry meat.

(7) The Joint Management Committee, at its meeting on 27 and 28 April 2005, issued a recommendation providing for the possibility of imports from Canada of live bivalve molluscs for wet storage, relaying or depuration in the Community other than market size live bivalve molluscs, in line with Community legislation.

(8) As a result of those recommendations it is appropriate to modify the relevant parts in Annex V to the Agreement.

(9) Pursuant to Article 16(3) of the Agreement amendments to the Annexes are to be agreed upon by an exchange of notes between the Parties.

(10) Accordingly, the recommended modifications to Annex V to the Agreement should be approved on behalf of the Community.

(11) Commission Decision C(2008) 2633 of 19 June 2008, which was not published in the Official Journal of the European Union, made certain amendments to the Annex V to the Agreement.

(12) It is necessary to make certain adaptations of a diplomatic nature to the text of the letters set out in the Annex to Decision C(2008) 2633. In the interests of clarity, that Decision should be annulled and replaced by the present Decision.

(13) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS DECIDED AS FOLLOWS

Article 1

Pursuant to the recommendations made by the Joint Management Committee established under Article 16(1) 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, the modifications to Annex V to that Agreement are hereby approved on behalf of the Community.

The text of an Exchange of Letters between the European Community and the Government of Canada setting out those modifications to Annex V to that Agreement, is attached in the Annex to this Decision.

Article 2

The Director-General for Health and Consumers is hereby authorised, on behalf of the Community, to sign the Letter from the European Community.

Article 3

This Decision annuls and replaces Decision C(2008) 2633.

Done at Brussels, 26 May 2009. For the Commission Androulla VASSILIOU Member of the Commission

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