Proposal for a COUNCIL DECISION amending Decision 97/132/EC 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 17 December 1996, the Council adopted Decision 97/132/EC approving the Agreement between the Community and New Zealand on sanitary measures applicable to trade in live animals and animal products. On the same day, Council Decision 97/131/EC concluded the Agreement by an Exchange of Letters, in which it was confirmed that the veterinary certification for animals and animal products applicable at 31 December 1996 would continue until the Agreement entered into force.

It is necessary to introduce simplified certification for trade between the Community and New Zealand in the framework of the Agreement. New certificates covering the animals and products for which trade conditions were agreed at the time of adoption of the Agreement are now ready for presentation to the Standing Veterinary Committee. Once these new certificates have been adopted by the Commission the Agreement can enter into force. However, when the Agreement enters into force, the "standstill" on certification conditions referred to in the Exchange of Letters will end. This will cause problems for both parties because, since the Agreement was concluded, equivalence has been agreed in principle for several more products and it is necessary to amend Annex V of the Agreement to take account of this and to provide a basis for simplified certification for these additional products. As Decision 97/132/EC does not provide for a procedure to amend the Annexes to the Agreement, amendment would require a Council procedure resulting in a lengthy delay before the Agreement could come into force.

The solution proposed is to amend Decision 97/132/EC to insert a Commission procedure for amending the Annexes in future and to make necessary changes now to certain Annexes, in particular Annex V.

The changes made to Annex V include, in addition to updating of legislation references, amendment of work programme dates and relatively minor alterations to the glossary and certain commodities, modifications in respect of area freedom from classical swine fever, fishery products, petfood, bone products, processed animal protein, blood products, lards/fats and raw materials for feedingstuffs, pharmaceutical or technical use.

The amended Decision 97/132/EC, when adopted, will be followed by a proposal to the Standing Veterinary Committee on the simplified certificates, so that the Agreement and the new certificates come into effect simultaneously.

The problem with the implementation of the New Zealand Agreement came to light during the discussions on the proposed veterinary Agreement with the USA, and the Council inserted in the Decision approving the USA Agreement a provision to amend the Annexes by a Commission procedure. The same procedure is being proposed in the attached Decision.

Proposal for a COUNCIL DECISION amending Decision 97/132/EC 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas 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) has not yet entered into force because certain technical amendments are necessary to the Annexes to the Agreement before it can be applied in practice;

(1) OJ L 57, 26.2.1997, p. 4.

Whereas Decision 97/132/EC does not provide for a procedure for amendment of the Annexes; whereas, however, the Council has adopted Decision 98/258/EC of 16 March 1998 on the conclusion of the Agreement between the European Community and the United States of America on sanitary measures to protect public health and animal health in trade in live animals and animal products (2), which includes such a procedure;

(2) OJ L 118, 21.4.1998, p. 1.

Whereas since the Agreement was concluded equivalence has been agreed in principle for several more products and it is necessary to amend Annex V of the Agreement to take account of this; whereas it is also necessary to amend certain other Annexes to take account of changes in inspection fees and other administrative matters;

Whereas in order to ensure the effective implementation of the Agreement with New Zealand, and for reasons of consistency, the procedure for amendment of the Annexes to the Agreement with the United States of America should be added to Decision 97/132/EC;

Whereas the Community and the New Zealand competent authority have agreed, in the form of an Exchange of Letters, the determination of the sanitary measures applicable to trade in live animals and animal products; whereas that agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

1. Article 3 of Decision 97/132/EC shall be replaced by the following:

"Article 3

The Commission, assisted by Member State's representatives, shall represent the Community in the Joint Management Committee referred to in Article 16(1) of the Agreement.

The Community position with regard to the matters to be dealt with by that Joint Management Committee shall be established within the appropriate Council bodies, in accordance with the provisions of the Treaty.

Amendments to the Annexes to the Agreement which are the result of recommendations by the Joint Management Committee shall be adopted according to the procedure provided for in Article 29 of Directive 72/462/EEC."

2. In Article 4 of Decision 97/132/EC "29" shall be replaced by "30".

Article 2

The Agreement in the form of an Exchange of Letters concerning the amendment to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products is hereby approved on behalf of the Community.

The text of the amendments to the Agreement in the form of an Exchange of Letters is attached to this Decision.

Article 3

This Decision shall be published in the Official Journal of the European Communities. It shall take effect on the date of its publication.

Done at Brussels,

For the Council

The President

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS concerning the amendment 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 competent authority of New Zealand

Dear Mr Legras,

New Zealand requests the Agreement attached to Council Decision 97/132/EC to be amended as follows:

1. Replace "Ministry of Agriculture" by "Ministry of Agriculture and Forestry" in Part A of Annex II.

2. Replace "1997" by "1999" in Annex III.

3. Replace the texts of Annexes V, VIII (Part B) and X by the texts of Annexes A, B and C, agreed by our respective services and attached hereto.

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

For the competent authority of New Zealand

B. Letter from the Commission

Brussels, ..

Sir,

I wish to confirm the agreement of the Commission to the proposal from the competent authority of New Zealand contained in your letter of 1999.

We will submit this exchange of letters to the competent authority of the European Community for approval.

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

G. Legras

ANNEX A

'ANNEX V

RECOGNITION OF SANITARY MEASURES

Glossary

Yes (1) = Equivalence agreed - model health attestations to be used

Yes (2) = Equivalence agreed in principle - some specific issue(s) to be resolved - existing certification to be used until issue(s) resolved

Yes (3) = Equivalence in form of compliance with importing Party's requirements - existing certification to be used

(4) = Refer, miscellaneous certification provisions

NE = Not evaluated - existing certification to be used in the interim

E = Still evaluating - under consideration - existing certification to be used in the interim

[ ] = Issues targeted for imminent resolution

No = Not equivalent and/or further evaluation is required. Trade, may occur if the importing Party meets the exporting Party's requirements

AI = Avian influenza

BSE = Bovine spongiform encephalopathy

C = Celsius

Channelling = Chapter 10, point 10 (b) & (c), of Annex I to Council Directive 92/118/EEC

CSF = Classical swine fever

EBL = Enzootic bovine leucosis

EC/NZ = European Community/New Zealand

Equiv = Equivalent

IBD = Infectious bursal disease

IBR = Infectious bovine rhinotracheitis

IRL = Ireland

min = minute(s)

ND = Newcastle disease

None = No special conditions

OIE = Office International des Epizooties

PAP = Processed animal protein

PM = Post mortem

ScVC = Scientific Veterinary Committee

Stds = Standard(s)

SVD = Swine vesicular disease

UHT = Ultra high temperature

UK = United Kingdom

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43. Miscellaneous certification provisions; footnote (4): Attestations are to appear on the public or animal health certificate.

Issue // Certification provisions

IBR // For trade from New Zealand to Denmark and Finland in bovine animals and bovine semen, New Zealand will certify in accordance with Article 3 of Commission Decision 93/42/EEC. For trade from New Zealand to Sweden and Austria in bovine animals and bovine semen, New Zealand will certify in accordance with Article 2 of Commission Decision 95/109/EC. This attestation will appear on the health certificate.

Aujeszky's disease // For trade from New Zealand to Great Britain, Denmark, South West France, Germany, Finland, Sweden, Austria and Luxembourg, in live pigs, New Zealand will certify in accordance with Article 5 of Commission Decision 93/24/EEC or Article 4 of Commission Decision 93/244/EEC as appropriate. This attestation will appear on the health certificate.

BSE - for bovines only // For low incidence BSE countries - OIE rules apply

For high incidence BSE countries NZ acknowledges Council Decision 98/256/EC.

Future amendment to 98/256/EC will be evaluated by NZ within 3 months (maximum) of EC providing relevant scientific information.

CSF - feral pigs only // For trade from the EC to NZ the Member State competent authority will certify that the products were derived from areas free from CSF in the feral porcine population for the preceding 60 days. This attestation will appear on the health certificate.

Rabies // For trade from New Zealand to UK, Ireland and Sweden. Cats and dogs may require post import quarantine and/or vaccination and/or serological testing.

Colours for sanitary stamps // Directive 94/36/EC prescribes the colours that could be used for sanitary stamps.

Salmonella // For trade from New Zealand to Sweden and Finland. New Zealand will certify in accordance with Council Decision 95/409/EC (fresh veal, beef and pigmeat), Council Decision 95/410/EC

(live poultry for slaughter), Council Decision 95/411/EC (fresh poultrymeat), Commission Decision 95/160/EC (breeding poultry and day old chicks), Commission Decision 95/161/EC

(laying hens) and Commission Decision 95/168/EC (table eggs for human consumption).

No attestation is required for fresh meat (as defined in 72/462/EEC) destined for manufacturing into meat products within Sweden/Finland.'

ANNEX B

'ANNEX VIII, Part B

B. INSPECTION FEES

I For New Zealand

Ministry of Agriculture and Forestry

New Zealand's frontier inspection fees are provided for in the Biosecurity (Costs) Regulations 1993.

The fees prescribed for are as follows:

Documentary checks

Inspection of documents: NZ $ 28,70 per consignment

Physical checks

a) Animal product consignment inspections NZ $ 57,40 per consignment

b) Live animals

either direct clearance of animal: NZ $ 28,70 per consignment

or veterinary inspection of animal at transitional (quarantine) facility:

NZ $ 96,10 (per hour)

Ministry of Health

Not all health activities can levy fees. In the absence of a set fee the general rule,

where safety issues arise, is that the actual analytical costs are recovered.

For sectors where fees have been determined

1. Food Regulations 1984 NZ $ 200 for analysis

2. Food (Fees and Charges) Regulations 1997

. Multiple release permit:

Hourly rate (in 15 minute units) plus NZ $ 0,62/km over 40 km. Hourly rate is NZ $ 73,12 in normal working hours, NZ $ 109,68 for each hour which is not a normal working hour and is on any day other than on a statutory holiday and NZ $ 146,25 for each hour on any day which is a statutory holiday.

. Clearance:

NZ $ 33,75 per supplier/item. This reduces to NZ $ 22,50 if electronic data transfer is used.

II For the Community

Inspection fees will be applied on a standard basis to consignments as follows:

Live animals: EUR 5 per tonne

Animal products: EUR 1,5 per tonne

With a minimum of EUR 30 and a maximum of EUR 350 per consignment, except where the real costs are greater than this maximum'

ANNEX C

'ANNEX X

CONTACT POINTS

For New Zealand

The Chief

MAF Regulatory Authority

Ministry of Agriculture and Forestry

P O Box 2526

Wellington

NEW ZEALAND

Tel: (64) 4 474 4100

Fax: (64) 4 474 4240

Other important contacts:

Chief Veterinary Officer

Tel: (64) 4 474 4100

Fax: (64) 4 474 4240

Chief Meat Veterinary Officer

Tel: (64) 4 474 4100

Fax: (64) 4 474 4240

Chief Dairy Officer

Tel: (64) 4 474 4100

Fax: (64) 4 474 4240

Manager, Food and Nutrition, Public Health Group

Tel: (64) 4 496 2000

Fax: (64) 4 496 2340

For the European Community

The Director

DG VI.B.II Public, Animal and Plant Health

Commission of the European Communities

rue de la Loi/Wetstraat 86 Room 8/53

Brussels

BELGIUM

Tel: (32) 2 295 6838

Fax: (32) 2 296 4286'