Agreement in the form of an Exchange of Letters constituting an Arrangement with New Zealand on the amendments to Annex V and Annex VIII to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products

Official Journal L 338 , 05/12/2006 P. 0003 - 0044

Agreement in the form of an Exchange of Letters

constituting an Arrangement with New Zealand on the amendments to Annex V and Annex VIII 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, 19 June 2006

Sir,

With reference to Article 16(2) of 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 modifications to Annexes V and VIII to the Agreement as follows:

As recommended by the Joint Management Committee established under Article 16(1) of the Agreement, replace the text of Annex V and Annex VIII with the respective texts of Annexes V and VIII as attached hereto.

I would be obliged if you would confirm New Zealand's concurrence with these modifications to the Annex to the Agreement.

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

Yours faithfully,

For the European Community

Paola Testori Coggi

B. Letter from New Zealand

Brussels, 4 August 2006

Madam,

I have the honour to refer to your letter containing details of proposed modifications to Annex V and Annex VIII 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 modifications, as recommended by the Joint Management Committee established under Article 16(1) of the Agreement, a copy of which is attached hereto.

Please accept, Madam, the assurances of my highest consideration.

For the competent authority of New Zealand

Andrew McKenzie

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Appendix

"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 used until issue(s) resolved

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

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 XI, point 7, of Annex VIII to Regulation (EC) No 1774/2002.

CSF Classical swine fever

EBL Enzootic bovine leucosis

EC/NZ European Community/New Zealand

EIA Equine infectious anaemia

IBD Infectious bursal disease

IBR Infectious bovine rhinotracheitis

min minute(s)

ND Newcastle disease

None No special conditions

OIE Office International des Epizooties

PAP Processed animal protein

PM Post mortem

Stds Standard(s)

SVD Swine vesicular disease

UHT Ultra high temperature

Section 1

Germ plasm and live animals

Commodity | EC exports to New Zealand [1] | New Zealand exports to EC |

EC standards | NZ standards | NZ standards | EC standards |

1.Semen

-Sheep/goats | 92/65/EEC | Biosecurity Act 1993 S 22 | No | | | Animal Products Act 1999 | 92/65/EEC | NE | | |

-Pigs | 90/429/EEC | Biosecurity Act 1993 S 22 | NE | | | Animal Products Act 1999 | 90/429/EEC 2002/613/EC | NE | | |

-Deer | 92/65/EEC | Biosecurity Act 1993 S 22 | No | | | Animal Products Act 1999 | 92/65/EEC | No | | |

-Dogs | 92/65/EEC | Biosecurity Act 1993 S 22 | NE | | | Animal Products Act 1999 | 92/65/EEC | NE | | |

2.Embryos (except embryos subject to penetration of the zona pellucida)

-Sheep/goats | 92/65/EEC | Biosecurity Act 1993 S 22 | No | | | Animal Products Act 1999 | 92/65/EEC | NE | | |

-Pigs | 92/65/EEC | Biosecurity Act 1993 S 22 | NE | | | Animal Products Act 1999 | 92/65/EEC | NE | | |

-Deer | 92/65/EEC | Biosecurity Act 1993 S 22 | No | | | Animal Products Act 1999 | 92/65/EEC | No | | |

-Ratiteshatching eggs | NE |

3.Live animals

-Ratites | NE | NE |

Section 2

Meat (including fresh meat, poultry meat, farmed and wild game meat), Minced meat, meat preparations and meat products for human consumption.

Commodity | EC exports to New Zealand [2] | New Zealand exports to EC |

EC standards | NZ standards | NZ standards | EC standards |

4.Meat

4.A.Fresh Meat as defined in Regulation (EC) No 853/2004. Includes minced meat and unprocessed (fresh) blood/bones/fat for human consumption.

Public health | Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004 [3], (EC) No 999/2001 | Animal Products Act 1999 Food Act 1981 Health Act 1956 | Yes (1) | BSE see Section 28 | | Animal Products Act 1999 | 2004/432/EC Regulation (EC) No 853/2004, (EC) No 854/2004, (EC) No 999/2001 | Yes (1) | Salmonella and BSE see Section 28 Minced meat must be frozenMinced meat may only be derived from cattle, sheep, pigs and goats | |

4.B.Fresh Poultry Meat

Animal health -poultry | 2002/99/EC | Biosecurity Act 1993 S 22 | No | | | Animal Products Act 1999 | 93/342/EEC 94/438/EC 94/984/EC 2002/99/EC | Yes (3) | | |

-turkeys | Yes (3) | NE |

4.C.Farmed Game Meat

-Rabbit | 2002/99/EC | Biosecurity Act 1993 S 22 | Yes (1) | | | Animal Products Act 1999 | 2000/585/EC 2002/99/EC | Yes (1) | | |

-Other land mammals | 2002/99/EC | Biosecurity Act 1993 S 22 | NE | | | Animal Products Act 1999 | 2000/585/EC 2002/99/EC | Yes (1) | | |

-Feathered (including ratite) | 2002/99/EC | Biosecurity Act 1993 S 22 | No | | | Animal Products Act 1999 | 2000/585/EC 2002/99/EC | Yes (3) | | |

-Ratite | 2000/609/EC | Yes (1) |

4.D.Wild game meat

Animal health -Deer-Rabbit | 2002/99/EC | Biosecurity Act 1993 S 22 | Yes (1) | | | Animal Products Act 1999 | 79/542/EEC 2000/585/EC 2002/99/EC | Yes (1) | | |

-Other wild land mammals | 2002/99/EC | Biosecurity Act 1993 S 22 | NE | | | Animal Products Act 1999 | 2000/585/EC 2002/99/EC | NE | | |

-Feathered | 2002/99/EC | Biosecurity Act 1993 S 22 | NE | | | Animal Products Act 1999 | 2000/585/EC 2002/99/EC | Yes (3) | | |

5.Meat preparations

5.A.Meat preparations from fresh meat

5.B.Meat preparations derived from fresh poultrymeat

-Turkey | Yes (3) | NE |

5.C.Meat preparations derived from farmed game meat

5.D.Meat preparations derived from wild game meat

Animal health -Deer-Rabbit | 2002/99/EC | Biosecurity Act 1993 S 22 | Yes (1) | | | Animal Products Act 1999 | 2002/99/EC 2000/572/EC | Yes (1) | | |

-Feathered | 2002/99/EC | Biosecurity Act 1993 S 22 | No | | | Animal Products Act 1999 | 2002/99/EC 2000/572/EC | Yes (3) | | |

6.Meat products

6.A.Meat products derived from fresh meat

6.B.Meat products derived from fresh poultrymeat

6.C.Meat products derived from farmed game

Public health -Pigs-Deer-Rabbit | Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004 and (EC) No 999/2001 | Animal Products Act 1999 Food Act 1981 Health Act 1956 | Yes (1) | | | Animal Products Act 1999 | Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 999/2001 2005/432/EC | Yes (1) | | |

-Ratite | | | | | | | 2000/609/EC | Yes (1) | | |

6.D.Meat products derived from wild game

-Deer-Rabbit | 2002/99/EC | Biosecurity Act 1993 S 22 | Yes (1) | | | Animal Products Act 1999 | 79/542/EEC 2002/99/EC 2005/432/EC | Yes (1) | | |

Section 3

Other products for human consumption

Commodity | EC exports to New Zealand [4] | New Zealand exports to EC |

EC standards | NZ standards | NZ standards | EC standards |

7.Products intended for human consumption

7.A.Animal casings

7.B.Processed bones and bone products for human consumption

-Feathered | | | Yes (1) | Heat treated, shelf stable, F03 treatment | | | | Yes (3) | | |

-Feathered | Yes (1) | NE |

-Feathered | Yes (1) | NE |

7.C.Processed animal protein for human consumption

-Feathered | | | Yes (1) | Heat treated, shelf stable, F03 treatment | | | | Yes (3) | | |

-Feathered | | | Yes (1) | Heat treated, shelf stable, F03 treatment | | | | Yes (3) | | |

-Feathered | Yes (1) | NE |

-Feathered | Yes (1) | NE |

7.D.Blood and blood products for human consumption

-Feathered | | | Yes (1) | Heat treated, shelf stable, F03 treatment | | | | Yes (3) | | |

-Feathered game | Yes (1) | NE |

-Feathered | Yes (1) | NE |

7.E.Lard and rendered fats for human consumption

-Feathered | | | Yes (1) | Heat treated, shelf stable, F03 treatment | | | | Yes (3) | | |

-Feathered game | Yes (1) | NE |

-Feathered game | Yes (1) | NE |

7.F.Gelatines for human consumption

7.G.Collagen for human consumption

7.H.Stomachs and Bladders (Salted, Dried, or heated and other products)

8.Milk and milk products for human consumption

9.Fishery products for human consumption (excluding live)

-Finfish (non salmonid)-Molluscs-Crustaceans | 91/67/EEC 2002/99/EC | Biosecurity Act 1993 S 22 | NE | | | Animal Products Act 1999 | 91/67/EEC | Yes (1) | | |

-Finfish (non salmonid) | 91/67/EEC 2002/99/EC | Biosecurity Act 1993 S 22 | NE | | | Animal Products Act 1999 | 91/67/EEC | Yes (1) | | |

Public Health -Finfish-Eggs/roes-Bivalve molluscs, echinoderms,tunicates, gastropods and crustaceans | Regulations (EC) No 852/2004, (EC) No 853/2004 and (EC) No 854/2004 | Food Act 1981 Health Act 1956 | Yes (1) | | | Animal Products Act 1999 | Regulations (EC) No 853/2004 and (EC) No 854/2004 2004/432/EC (for aquaculture) | Yes (1) | | |

10.Live fish, molluscs, crustaceans, including eggs and gametes

Public health -live finfish-live molluscs, echinoderms, tunicates, gastropods-live crustaceans-other fish | Regulations (EC) No 852/2004, (EC) No 853/2004 and (EC) No 854/2004, | Food Act 1981 Health Act 1956 | Yes (1) | | | Animal Products Act 1999 | Regulations (EC) No 853/2004 and 854/2004 2004/432/EC (for aquaculture) | Yes (1) | | |

11.Miscellaneous products for human consumption

11.A.Honey

11.B.Frogs' legs

Animal health | 2002/99/EC | Biosecurity Act 1993 S 22 | NE | | | Animal Products Act 1999 | 2002/99/EC | NE | | |

11.C.Snails for human consumption

Animal health | 2002/99/EC | Biosecurity Act 1993 S 22 | NE | | | Animal Products Act 1999 | 2002/99/EC | NE | | |

11.D.Egg products

Section 4

Products not intended for human consumption

Commodity | EC exports to New Zealand [5] | New Zealand exports to EC |

EC standards | NZ standards | NZ standards | EC standards |

12.Animal casings

13.Milk, milk products and colostrum Not intended for human consumption

14.Bones and bone products (excluding bone meal) horns and horn products (excluding horn meal) and hooves and hoof products (excluding hoof meal) intended for uses other than as feed material, organic fertilisers or soil improvers (products covered by Annex VIII to Chapter X of Regulation (EC) No 1774/2002)

15.Processed (rendered) animal protein for feedingstuffs

-fish material | Yes (1) | Yes (1) |

-avian material | Yes (2) | 70 °C/50 min, 80 °C/9 min or 100 °C/1 min or equivalent | Yes (1) |

16.Processed blood and blood products (excluding serum from equidae) for pharmaceutical or technical use

17.Lard and rendered fats. Not for human consumption, including fish oils

-Lards (porcine) | 2000/766/EC Regulations (EC) No 1774/2002 and (EC) No 999/2001 | Biosecurity Act 1993 S 22 | Yes (1) | Product to be derived from porcine fresh meat, farmed and wild game with Yes (1) for animal health indicated previously. CSF see Section 28 | | Animal Products Act 1999 | 2000/766/EC Regulations (EC) No 1774/2002 and (EC) No 999/2001 | Yes (1) | | |

18.Gelatines for feed or technical use

18.B.Hydrolysed Protein, collagen, di and tri-calcium phosphate as in Regulation (EC) No 1774/2002.

19.Hides and skins

20.Wool and fibre/hair

-Other ruminants and pigs | | | NE | | | | | Yes (1) | | |

-Other | | | NE | | | | | Yes (1) | | |

21.Petfood (includes processed) containing only category 3 material

-fish material | | | Yes (1) | | | | | Yes (1) | | |

-avian material | | | Yes (2) | 70 °C/50 min, 80 °C/9 min or 100 °C/1 min or equivalent | | | | Yes (1) | | |

22.Serum from equidae

23.Other animal by-products for the manufacture of feed including petfood, and for pharmaceuticals and other technical products

Animal health Fresh meat Farmed game -Pigs-DeerWild game -Pigs-Deer | Regulations (EC) No 1774/2002 and (EC) No 999/2001 | Biosecurity Act 1993 S 22 | Yes (1) | Product to be derived from fresh meat, farmed and wild game with Yes (1) for animal health indicated previously Additional BSE-related labelling requirements apply CSF see Section 28 | BSE see Section 28 | Animal Products Act 1999 | Regulation (EC) No 1774/2002 and (EC) No 999/2001 | Yes (1) | BSE see Section 28 | |

Farmed and wild game -Feathered |

24.Apiculture products - Not for human consumption

25.Game trophies

-Avian | NE | NE |

26.Manure

Section 5

General horizontal issues

Commodity | EC exports to New Zealand [6] | New Zealand exports to EC |

EC standards | NZ standards | NZ standards | EC standards |

27.Definitions

Water | 98/83/EC | Animal Products Act 1999 Health Act 1956 | Yes (1) | | | Animal Products Act 1999 | 98/83/EC | Yes (1) | | |

-Other species other products | Yes (3) | Yes (3) |

Certification Systems | 96/93/EC | Animal Products Act 1999 | Yes (1) | Equivalency status applies to all animals and animal product commodities accorded both animal and public health equivalence (Yes 1) as appropriate. | | Animal Products Act 1999 | 92/118/EEC 96/93/EC 91/67/EEC 2002/99/EC Regulations (EC) No 1774/2002, (EC) No 852/2004, (EC) No 853/2004 and (EC) No854/2004 | Yes, (1) | Equivalency status applies to animals and animal product commodities listed with (Yes 1) equivalence status under entry Numbers 3, 4A, 4C, 4D, 5A, 5C, 5D, 6A, 6C, 6D, 7A, 7B, 7C, 7D, 7E, 7H, 9, 10, 12, 15, 16, 17, 19, 21 and 23. When the official health certificate is issued after the departure of the consignment, it shall include reference to the appropriate Eligibility Number (ED), date of issuance of the eligibility 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. | |

27.B.Horizontal issues | Issue | Action |

Premises listings | Competent authority to recommend listing Still require lists currently. | Lists to be maintained by the competent authority of the exporting country and be made readily accessible in the public domain. |

28.Miscellaneous certification provisions: Attestations are to appear on the public or animal health certificate. |

Issue | Certification provisions |

Q-fever | New Zealand is recognised as free of Q-fever. For trade from the EC to New Zealand in bovine semen and embryos, the Member State competent authority will certify that: "Between 21 and 60 days after the end of a semen/embryo collection period (a period of 60 days or less) the donor animals were tested with negative results for Q fever using the complement fixation test (CFT) (negative being no fixation of complement at a dilution of 1:10 or higher) or the ELISA." |

BVD Type II | New Zealand is recognised as free of bovine viral diarrhoea virus (BVDV): Type II. For trade from the EC to New Zealand in bovine embryos, the Member State competent authority will certify that: "Either 1.The donor animal was subjected to an antigen detection ELISA or viral isolation test for BVDV, with a negative result, within thirty (30) days prior to entry into the embryo collection centre and has been on the embryo collection centre for more than six (6) months prior to embryo collection for this consignment and has remained isolated from other animals that have not been tested negative.Or 2.The donor animal has had either a pooled sample of non-viable oocytes/embryos and washing fluid (as per the OIE Code Appendix for in vivo derived embryos) or an embryo, from the first embryo collection for this consignment subjected to either virus isolation or PCR for BVDV with negative results." |

Bluetongue and EHD | New Zealand is recognised as free of Bluetongue and Epizootic Haemorrhagic Disease. For trade from the EC to New Zealand in bovine semen, the Member State competent authority will certify that: "The bovine semen complies with provisions of the Bluetongue Chapter of the OIE Code and EHD mutatis mutandis." |

IBR | For trade in live bovine animals, New Zealand will certify in accordance with Article 2 of Commission Decision 2004/215/EC for trade to Germany and Article 3 of Commission Decision 2004/215/EC for trade to Denmark, Austria, Finland, Sweden and the province of Bolzano (Italy). This attestation will appear on the health certificate according to Council Decision 79/542/EEC. |

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 Commission Decision 2001/618/EC. This attestation will appear on the health certificate according to Council Decision 79/542/EEC. |

BSE | EC exports of products containing bovine, ovine or caprine materials to NZ (in addition to full compliance with all other relevant EC standards) "This product does not contain and is Not derived from bovine, ovine and caprine materials other than those derived from animals born, continuously reared and slaughtered in the European Union and which has been produced in full compliance with Regulations of the European Parliament and the Council (EC) No 999/2001 and (EC) No 1774/2002 as applicable." Note: Products which contain bovine, ovine or caprine materials other than from those derived from animals born, continuously reared and slaughtered in the European Union are required to have that component certified in accordance with the relevant, additional third country provisions in the applicable NZ certification decision. |

BSE | NZ export of products containing bovine, ovine or caprine materials to EC "This product does not contain and is not derived from (delete as appropriate) specified risk material as defined in Annex XI, section A, to Regulation (EC) No 999/2001 produced after March 2001, or mechanically recovered meat obtained from bones of bovine, ovine or caprine animals produced after 31 March 2001. After March 31 2001 the bovine, ovine or caprine animals, from which this product is derived, have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity." or "Bovine, ovine and caprine materials other than those derived from animals born, continuously reared and slaughtered in the following countries: (insert name of a country or countries assigned a GBR and/or Category 1 status by the EC)." |

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. |

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 Annex VIII of Commission Decision 2003/56/EC (Commission Regulation (EC) No 1688/2005 (fresh veal, beef, pigmeat and poultrymeat; table eggs for human consumption); Council Decision 95/410/EC (live poultry for slaughter); Commission Decision 2003/644/EC (breeding poultry and day old chicks); Commission Decision 2004/235/EC (laying hens)). |

Salmonids | For trade from EC to NZ "The consignment contains only beheaded, gilled, gutted and sexually immature Salmonids of the genera Onchorhynchus, Salmo or Salvelinus." |

Eggs/roes | For trade from EC to NZ Must be treated to render eggs/roe non viable, commercially packaged and shelf stable |

Thermised cheeses | For trade from EC to NZ The thermised cheese has a moisture content of less than 39 % and pH less than 5,6. The milk used to produce this cheese was rapidly heated to at least 64,5 °C for 16 seconds. The cheese was stored at not less than 7 °C for 90 days. |

29.Mutually agreed disease control measures |

Mutually agreed disease status for specific diseases |

Rabies | New Zealand, UK, Malta, Ireland and Sweden are recognised as free of rabies. |

Equine infectious anaemia | New Zealand is recognised as free of EIA. |

Brucelloses | New Zealand is recognised as free of B. abortus and B. mellitensis. |

Q-fever | New Zealand is recognised as free |

BVD Type II | New Zealand is recognised as free |

Bluetongue and EHD | New Zealand is recognised as free EU makes a submission for EHD freedom |

Small hive beetle | New Zealand and EU are recognised as free of small hive beetle |

Tropilaelaps mite | New Zealand and EU are recognised as free of tropilaelaps mite" |

"ANNEX VIII

FRONTIER CHECKS AND INSPECTION FEES

A. FRONTIER CHECKS ON CONSIGNMENTS OF LIVE ANIMALS AND ANIMAL PRODUCTS

Type of frontier check | Rate in % |

1.DocumentaryBoth Parties will perform documentary checks | 100 |

2.Physical checksLive animals except bees and bumble beesQueen bees and small colonies of bumble bees [1]Bee and bumble bee packages [2]Semen/embryos/ovaAnimal products for human consumption:Fresh meat including offal, and products of the bovine, ovine, caprine, porcine and equine species defined in Regulation (EC) No 853/2004Fish products in hermetically sealed containers intended to render them stable at ambient temperatures, fresh and frozen fish and dry and/or salted fisheries products. Other fisheries productsWhole eggsLard and rendered fatsAnimal casingsGelatinCollagenStomachs and bladdersPoultry meat and poultry meat productsRabbit meat, game meat (wild/farmed) and productsMilk and milk productsEgg productsHoneyBones and bone productsMeat preparations and minced meatFrogs' legs and snails" | 100 100 50 [3] 10 2 |

[1] Commodities must be fully eligible for unrestricted intra-Community trade, unless otherwise indicated.

[2] Commodities must be fully eligible for unrestricted intra-Community trade, unless otherwise indicated.

[3] All entries referring to these Regulations shall be construed to include relevant implementing measures and microbial criteria as laid down in Regulations (EC) 2073/2005, (EC) No 2074/2005 and (EC) No 2076/2005.

[4] Commodities must be fully eligible for unrestricted intra-Community trade, unless otherwise indicated.

[5] Commodities must be fully eligible for unrestricted intra-Community trade, unless otherwise indicated.

[6] Commodities must be fully eligible for unrestricted intra-Community trade, unless otherwise indicated.

[1] Physical checks to be carried out as provided in Commission Decision 2003/881/EC (as amended).

[2] Post import checks to be carried out by the Competent Authority at the designated destination of the bees.

[3] For consignments of packaged bees containing less than 130 packages 50 % of the consignment is to be subject to inspection. For consignments containing more than 130 packages, a sample of 65 packages randomly selected from the consignment must be inspected to achieve a 95 % confidence interval of detecting 5 % incidence of disease.

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European Communities International Agreements

22006A1205(02)