EXCHANGE OF LETTERS

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

A. Letter from the competent authority of New Zealand

Dear Mr Coleman,

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

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

2. in Annex III replace the year "1997" by "1999".

3. replace the texts of Annexes V, VIII (Part B) and X with 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

A. McKENZIE

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 exporting party meets the importing party's requirements

AI avian influenza

BSE bovine spongiform encephalopathy

C Celsius

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

CSF classical swine fever

EBL enzootic bovine leucosis

EC/NZ European Community/New Zealand

EIA equine infectious anaemia

Equiv equivalent

IBD infectious bursal disease

IBR infectious bovine rhinotracheitis

IRL Ireland

min minute(s)

ND Newcastle disease

None no special conditions

OIE International Office of Epizootic Diseases

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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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: NZD 28,70 per consignment

Physical checks

(a) Animal product consignment inspections NZD 57,40 per consignment

(b) Live animals

either direct clearance of animal: NZD 28,70 per consignment or veterinary inspection of animal at transitional (quarantine) facility: NZD 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 acutal analytical costs are recovered.

For sectors where fees have been determined

1. Food Regulations 1984 NZD 200 for analysis

2. Food (Fees and Charges) Regulations 1997

- Multiple release permit:

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

- Clearance:

NDZ 33,75 per supplier/item. This reduces to NDZ 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/t

Animal products: EUR 1,5/t

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

Group Director - Food Assurance Authority

Ministry of Agriculture and Forestry

PO Box 2526 Wellington New Zealand Tel. (64) 4 474 4125 Fax (64) 4 474 4240 Group Director - Biosecurity Authority

Ministry of Agriculture and Forestry

PO Box 2526 Wellington New Zealand Tel. (64) 4 474 4128 Fax (64) 4 498 9888

Other important contacts:

Director - Animal products Tel. (64) 4 474 4179 Fax (64) 4 474 4240 Director - Dairy and Plant Products Tel. (64) 4 474 4191 Fax (64) 4 474 4240 Director - Animal Biosecurity Tel. (64) 4 474 4100 Fax (64) 4 498 9888 Manager, Food and Nutrition, Public Health Group Tel. (64) 4 496 2000 Fax (64) 4 496 2340

For the European Community

The Director Directorate E: Public, Animal and Plant Health

Directorate-General Health and Consumer Protection

European Commission

Rue de la Loi/Wetstraat 86, Room 8/53 Brussels Belgium Tel. (32) 2 295 6838 Fax (32) 2 296 4286"

B. Letter from the Commission

Brussels, 26 October 1999

Dear Dr McKenzie,

I wish to confirm the agreement of the Commission to the proposal set out in the letter dated 18 October 1999 of the competent authority of New Zealand to amend the Annexes to the Agreement attached to Council Decision 97/132/EEC.

We will submit this Exchange of Letters to the competnet authority of the European Community for approval.

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

R. COLEMAN