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 G R EEM EN T IN TH E FO R M O F A N EX C H A N G E O F LETTER S concerning am endm ents to the A nnexes to the A greem ent betw een the European C om m unity and N ew Z ealand on sanitary m easures applicable to trade in live anim als and anim alproducts A . Letter from the European Com m unity Brussels,28.11.2002 Sir, W ith reference to the A greem ent betw een the European Com m unity and N ew Z ealand on sanitary m easures applicable to trade in live anim als and anim alproducts,I have the honour to propose to you to am end the A nnexes to this A greem ent as follow s: Replace the texts of A nnex V ,H orizontalIssues 42.A and 42.B,and A nnex V II w ith the texts of A nnexes A and B as agreed by our respective services and attached hereto. I should be obliged if you w ould confirm the agreem ent of N ew Z ealand to such am endm ent of the A nnexes to the A greem ent. Please accept,Sir,the assurance ofm y highest consideration. For the European Com m unity 10.12.2002 L 333/15 O fficialJournalofthe European Com m unities END . f J 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 10.12.2002L 333/16 Official Journal of the European CommunitiesEN EN O fficialJournalofthe European Com m unities 10.12.2002 L 333/17 EC Exports to New Zealand New Zealand Exports to EC Commodity Trade conditions Trade conditions EC standards NZ standards Equiv. Special conditions Action NZ standards EC standards Equiv. Special conditions Action ANNEX A ‘ANNEX V RECOGNITION OF SANITARY MEASURES 42. A. Horizontal Issues Definitions For “serious infectious disease” and “epizoo tic” EC to confirm Water 80/778/EEC Meat Act 1981 Health Act 1956 Yes (1) Meat Act 1981 80/778/EEC Yes (1) EC to evaluate new NZ proposal for water system Residues Residue monitoring — Red meat species 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) — Other species NE Not evaluated Still to be addressed NE Not evaluated Still to be addressed — Standards NE Not evaluated (cur rently outside the scope of the Agree ment) Still to be addressed NE Not evaluated (cur rently outside the scope of the Agree ment) Still to be addressed D I I EN O fficialJournalofthe European Com m unities 10.12.2002 L 333/18 EC Exports to New Zealand New Zealand Exports to EC Commodity Trade conditions Trade conditions EC standards NZ standards Equiv. Special conditions Action NZ standards EC standards 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 72/462/EEC 91/495/EEC 92/5/EEC 92/45/EEC 94/65/EC 96/93/EC Yes (1) Equivalency status ap plies to animals and animal product com modities under the scope of Directives 72/462/EEC, 91/495/ EEC, 92/5/EEC, 92/ 45/EEC, 94/65/EC, ac corded both animal and public health equivalence (Yes 1) as appropriate. When the official health certificate is is sued after the depar ture of the consign ment, it shall include reference to the ap propriate 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 cer tificate. New Zealand shall inform the bor der inspection post of arrival of any certi fication problem after departure from New Zealand. For commodities other than those ac corded certification systems equivalence the EC is to evaluate equivalence. D EN O fficialJournalofthe European Com m unities 10.12.2002 L 333/19 EC Exports to New Zealand New Zealand Exports to EC Commodity Trade conditions Trade conditions EC standards NZ standards Equiv. Special conditions Action NZ standards EC standards Equiv. Special conditions Action 42. B. Horizontal issues Issue Action Premises listings Competent authority to recommend listing Still require lists currently Still to be addressed Still to be addressed Certification Consistency of required information Modification to existing certificates Principles of health marking Still to be addressed NZ has requested EC to consider Still to be addressed Compliance Resolution/transparency Linkage to audit process Still to be addressed Still to be addressed Premises supervision Veterinary supervision 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.’ I I D 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”.’ 10.12.2002L 333/20 Official Journal of the European CommunitiesEN