Proposal for a Council Decision on the conclusion of an Agreement in the form of an Exchange of Letters concerning amendments of the Annexes to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products
Date: 2002-09-13
Institutions: European Commission
Subjects: New Zealand, animal product, health control, health legislation, live animal, trade agreement (EU)

31.12.2002

EN

Official Journal of the European Communities

C 331 E/301

Proposal for a Council Decision on the conclusion of an Agreement in the form of an Exchange of
Letters concerning amendments of the Annexes to the Agreement between the European
Community and New Zealand on sanitary measures applicable to trade in live animals and
animal products

(2002/C 331 E/47)

COM(2002) 503 final — 2002/0224(ACC)

(Submitted by the Commission on 13 September 2002)

EXPLANATORY MEMORANDUM

On 17 December 1996, the Council adopted Decision 97/132/EC approving the Agreement between the
European Community and New Zealand on sanitary measures applicable to trade in live animals and
animal products (hereinafter referred to as the Veterinary Agreement). The Council adopted also on
17 December 1996 Decision 97/131/EC, approving an Agreement in the form of an Exchange of
Letters between these Parties concerning the provisional application of the Veterinary Agreement.
In
this latter Agreement it was confirmed that the veterinary certification for live animals and animal
products applicable at 31 December 1996 would continue to apply until the Veterinary Agreement
comes into force.

On 15 November 1999,
the Council adopted Decision 1999/837/EC amending Council Decision
97/132/EC to provide for a procedure for amending the Annexes to the Veterinary Agreement. This
procedure may be used once the Veterinary Agreement is in force. This same Decision approved an
Agreement in the form of an Exchange of Letters concerning certain amendments to the Annexes to
the Veterinary Agreement. With these amendments equivalence for several more commodities has been
recognised.

Article 9.3 of the Veterinary Agreement requires the introduction of ‘simplified’ certification for trade
between the Community and New Zealand in live animals and animal products for which equivalence
concerning all public and animal health measures (full equivalence) has been recognised. However, due to a
difference between the Parties in certification systems, the Parties could not agree on the ‘simplified’
certification requirements. Because of this situation and in accordance with Article 18 of the Veterinary
Agreement, the Veterinary Agreement could not enter into force and consequently has lead to an unex-
pected and undesired prolonged ‘standstill’
in the certification requirements as referred to in Council
Decision 97/131/EC.

Therefore it is necessary for the Parties to agree that full equivalence referred to in Article 9.3 of the
Veterinary Agreement also includes equivalence of certification systems. Recognition of this equivalence for
certain commodities must be recognised before a Commission Decision laying down the new simplified
certificates for these products may be proposed. The proposed amendments to Annexes V and VII to the
Veterinary Agreement provide for this.

The two Parties have confirmed their agreement in principle to the form of an Exchange of Letters
concerning these amendments to the Annexes to the Veterinary Agreement.

After adoption by the Council of this proposal and the formal physical exchange of letters between the
Parties, the Commission may adopt a Commission Decision establishing ‘simplified’ certificates for import
from New Zealand of products fully recognised equivalent. Following its adoption and after the Parties
have notified each other in writing that the necessary administrative procedures have been completed, the
Veterinary Agreement enters into force in accordance with Article 18 of the Veterinary Agreement.

From the date the Veterinary Agreement enters into force, the ‘standstill’ on certification conditions
referred to in Council Decision 97/131/EC will end.

C 331 E/302

EN

Official Journal of the European Communities

31.12.2002

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

determination of the sanitary measures applicable to trade
in live animal and animal products; the Exchange of Letters
should be approved,

Having regard to the proposal from the Commission,

HAS DECIDED AS FOLLOWS:

Whereas:

(1) The Agreement between the European Community and
New Zealand on sanitary measures applicable to trade in
live animals and animal products has been approved by
Council Decision 97/132/EC (1), as amended by Council
Decision 1999/837/EC (2).

(2) Due to a difference in certification systems between the
two Parties, the Parties have not notified each other of
the completion of their respective procedures for ratifi-
cation of the Agreement, as provided for in the second
subparagraph of Article 18 (1) thereof.

(3) Therefore, the Agreement has not entered into force and
until
is provisionally applied as
agreed by the Agreement in the form of an Exchange of
Letters, attached to Council Decision 97/131/EC (3).

it does the Agreement

(4) Certain amendments to the Annexes to the Agreement
concerning certification and recognition of equivalence of
certification systems for certain commodities are necessary
before the two Parties can complete their
respective
procedures and notify each other of their completion and
the Agreement can enter into force.

(5) The

in
two Parties have confirmed their agreement
principle to the form of an Exchange of Letters and the

Article 1

The Agreement
in the form of an Exchange of Letters
concerning amendments to the Annexes V and VII 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 Agreement in the form of an Exchange of
Letters,
including the amendments to the Annexes to the
Agreement, is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate
the person empowered to sign the Agreement in the form of
an Exchange of Letters
to bind the European
in order
Community.

Article 3

This Decision shall be published in the Official Journal of the
European Communities.

This Decision shall take effect on the date of publication.

(1) OJ L 57, 26.2.1997, p. 4.
(2) OJ L 33, 23.12.1999, p. 1.
(3) OJ L 57, 26.2.1997, p. 1.

31.12.2002

EN

Official Journal of the European Communities

C 331 E/303

concerning the amendment 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

EXCHANGE OF LETTERS

A. Letter from the competent authority of the European Community

Dear 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 42A and 42B, 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, Dear Sir, the assurance of my highest consideration.

On behalf of the European Community

B. Letter from the competent authority of New Zealand

Dear Sir,

I have the honour to refer to your letter containing details of proposed amendments to Annex V,
Horizontal Issues 42A and 42B, 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

cANNEX A

ANNEX V

RECOGNITION OF SANITARY MEASURES

EC Exports to New Zealand

New Zealand Exports to EC

Commodity

Trade conditions

EC Stds

New Zealand
Stds

Equiv

Special conditions

Action

Trade conditions

New Zealand
Stds

EC Stds

Equiv

Special conditions

Action

42A Horizontal Issues

Definitions

Water

80/778/EEC

Meat Act 1981

Yes (1)

Health Act
1956

Residues

96/22/EC

Meat Act 1981

Yes (1)

Residue monitoring

96/23/EC

Food Act 1981

For ‘serious infectious
disease’ and ‘epizootic’

EC to confirm

EC to evaluate new
New Zealand
proposal for water
system

Meat Act
1981

Meat Act
1981

80/778/EEC

Yes (1)

96/22/EC

Yes (1)

96/23/EC

— Red meat species

— Other species

— Standards

NE

Not evaluated

NE

Not evaluated
(currently outside
the scope of the
Agreement)

Still to be
addressed

Still to be
addressed

NE

Not evaluated

Still to be addressed

NE

Not evaluated
(currently outside the
scope of the
Agreement)

Still to be addressed

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4

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N

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Commodity

Trade conditions

Trade conditions

EC Exports to New Zealand

New Zealand Exports to EC

Certification
Systems

EC Stds

96/93/EC

New Zealand
Stds

Animal
Products Act
1999

Equiv

Special conditions

Action

Yes (1)

Equivalency status
applies to all
animals and animal
product
commodities
accorded both
animal and public
health equivalence
(Yes 1) as appro-
priate

New Zealand
Stds

Animal
Products Act
1999

Equiv

Special conditions

Action

EC Stds

72/462/EEC

Yes (1)

91/495/EEC

92/5/EEC

92/45/EEC
94/65/EC

96/93/EC

For commodities
other than those
accorded certifi-
cation systems
equivalence the EC
to evaluate equiv-
alence

Equivalency status
applies to animals and
animal product
commodities under the
scope of Directives
72/462/EEC,
91/495/EEC, 92/5/EEC,
92/45/EEC, 94/65/EC,
accorded both animal
and public health
equivalence (Yes 1) as
appropriate

When the official
health certificate is
issued after the
departure of the
consignment, it shall
include reference to the
appropriate Eligibilty
Number (ED), date of
issuance of the eligi-
bility document that
supports the official
health certificate, the
date of departure of the
consignment and the
date of signing of the
official health
certificate. New
Zealand shall inform
the border inspection
post of arrival of any
certification problem
after departure from
New Zealand

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.

.

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42B Horizontal issues

Premises listings

Certification

Compliance

Premises supervision

Issue

Action

Competent authority to recommend listing

Still require lists currently

Consistency of required information

Modification to existing certificates

Principles of health marking

Resolution/transparency

Linkage to audit process

Veterinary supervision

Still to be addressed

Still to be addressed

Still to be addressed

NZ has requested.

EC to consider

Still to be addressed

Still to be addressed

Still to be addressed

EC to clarify internal/external requirements

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.

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31.12.2002

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Official Journal of the European Communities

C 331 E/307

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;

(insert

live animal or animal product) herein described, comply with the

‘The
Community/New Zealand (*))
recognized as equivalent
prescribed in (European Community/New Zealand Veterinary Agreement
Specifically, in accordance with (insert . . . exporting Party's legislation)

(European
(animal health/public health (*)) standards and requirements which have been
to the (New Zealand/European Community (*)) standards and requirements as
(Council Decision 97/132/EC)).

relevant

___________
(*) Delete as appropriate.’

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

cation 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’.