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
Date: 2002-11-28
Institutions: European Community, New Zealand
Subjects: New Zealand, animal product, live animal, revision of an agreement, trade agreement (EU), veterinary legislation

10.12.2002

EN

Official Journal of the European Communities

L 333/15

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

L 333/16

EN

Official Journal of the European Communities

10.12.2002

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, Hori-
zontal 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

ANNEX A

‘ANNEX V

RECOGNITION OF SANITARY MEASURES

EC Exports to New Zealand

New Zealand Exports to EC

Commodity

Trade conditions

Trade conditions

EC standards

NZ standards

NZ standards

EC standards

Equiv.

Special conditions

Action

Equiv.

Special conditions

Action

42. A. Horizontal Issues

Definitions

Water

80/778/EEC Meat Act 1981

Yes (1)

Meat Act 1981

80/778/EEC

Yes (1)

Health Act 1956

Residues
Residue monitoring
— Red meat species

— Other species

— Standards

96/22/EC
96/23/EC

Meat Act 1981
Food Act 1981

Yes (1)

Meat Act 1981

96/22/EC
96/23/EC

Yes (1)

NE

NE

Not evaluated

Still to be addressed

Still to be addressed

evaluated (cur-
the
the Agree-

outside

Not
rently
scope of
ment)

NE

NE

For “serious infectious
disease” and “epizoo-
tic”

EC to confirm

EC to evaluate new
NZ proposal for water
system

Not evaluated

Still to be addressed

Still to be addressed

evaluated (cur-
the
the Agree-

outside

Not
rently
scope of
ment)

.

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0
1
2
2
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2

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E
N

O

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J
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t
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EC Exports to New Zealand

New Zealand Exports to EC

Commodity

Trade conditions

Trade conditions

EC standards

NZ standards

NZ standards

EC standards

Equiv.

Special conditions

Action

Equiv.

Special conditions

Action

Certification
systems

96/93/EC

Animal Products
Act 1999

Yes (1)

Equivalency status ap-
plies
to all animals
and animal product
commodities accorded
both animal and pub-
lic health equivalence
(Yes 1) as appropriate.

Animal Products
Act 1999

Yes (1)

72/462/EEC
91/495/EEC
92/5/EEC
92/45/EEC
94/65/EC
96/93/EC

For
commodities
other than those ac-
certification
corded
systems
equivalence
the EC is to evaluate
equivalence.

under

Equivalency status ap-
plies to animals and
animal product com-
modities
the
scope of Directives
72/462/EEC, 91/495/
EEC, 92/5/EEC, 92/
45/EEC, 94/65/EC, ac-
corded both animal
and
health
public
equivalence (Yes 1) as
appropriate.

official
the
When
health certificate is is-
sued after the depar-
the consign-
ture of
ment,
include
it shall
reference to the ap-
propriate
Eligibilty
Number (ED), date of
issuance of the eligi-
bility document
that
the official
supports
health certificate,
the
date of departure of
the consignment and
the date of signing of
the official health cer-
tificate. New Zealand
shall
inform the bor-
der inspection post of
arrival of any certi-
fication problem after
departure from New
Zealand.

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EC Exports to New Zealand

New Zealand Exports to EC

Commodity

Trade conditions

Trade conditions

EC standards

NZ standards

NZ standards

EC standards

Equiv.

Special conditions

Action

Equiv.

Special conditions

Action

42. B. Horizontal
issues

Issue

Premises listings

Competent authority to recommend listing
Still require lists currently

Certification

Compliance

Premises
supervision

Consistency of required information
Modification to existing certificates
Principles of health marking

Resolution/transparency
Linkage to audit process

Veterinary supervision

Action

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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L 333/20

EN

Official Journal of the European Communities

10.12.2002

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 (*)) (animal health/public health (*)) standards and requirements which have been recognised as
equivalent to the (New Zealand/European Community (*)) 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)

(*) Delete as appropriate.”;

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

tion 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 accor-

dance 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”.’