Pursuant to the recommendations made by the Joint Management Committee established under Article 16(1) of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products, the modifications to Annex V to that Agreement are hereby approved on behalf of the Community.
The text of an Exchange of Letters between the European Community and the Government of Canada setting out those modifications to Annex V to that Agreement, is attached in the Annex to this Decision.
The Director-General for Health and Consumers is hereby authorised, on behalf of the Community, to sign the Letter from the European Community.
This Decision annuls and replaces Decision C(2008) 2633.
ANNEXSupplementary provisions
ANNEX
Exchange of Letters on the modifications of Annex V to the Agreement between the Government of Canada and the European Community on sanitary measures to protect public and animal health in respect of trade in live animals and animal products
A. LETTER FROM THE EUROPEAN COMMUNITY
22 March 2010
Sir,
With reference to Article 16(2) and (3) of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products, done at Ottawa on 17 December 1998, hereafter called ‘the Agreement’, I have the honour to propose modifications to Annex V to the Agreement in accordance with the recommendations of the Joint Management Committee established under Article 16(1) of the Agreement, as follows:
1.
The table at point 6 concerning Fresh meat in Annex V to the Agreement is replaced by the table in Appendix I to this Exchange of Letters.
2.
The table at point 11 concerning Fisheries products for human consumption in Annex V to the Agreement is replaced by the table in Appendix II to this Exchange of Letters.
3.
The table at point 15 concerning Minced meat in Annex V to the Agreement is replaced by the table in Appendix III to this Exchange of Letters.
4.
Paragraph 1 of Chapter II of Footnote A in Annex V to the Agreement is deleted.
5.
Paragraph 1 of Chapter I of Footnote B in Annex V to the Agreement is replaced as follows:
‘For fish caught under the authority of a recreational fishing licence from Canada with the name of the importer, the following conditions have to be fulfilled:
—
the fish was caught in Canadian fisheries waters on the dates while the licence is valid, in accordance with Canadian regulations on sport fishing and that possession limits have been respected;
—
the fish has been eviscerated under appropriate hygiene and preservation measures;
—
the fish is not a toxic species nor a species that may contain biotoxins;
—
the fish must be introduced into the Community within one month following the last date of validity of the recreational fishing licence and is not intended to be marketed. A copy of the recreational fishing licence has to be attached to the accompanying document.’
6.
Paragraphs 3, 4 and 5 of Chapter I of Footnote B in Annex V to the Agreement are deleted.
7.
Paragraphs 1, 2, 3, 4 and 5 of Chapter II of Footnote B in Annex V to the Agreement are deleted.
8.
Paragraph 2 of Chapter I of Footnote C in Annex V to the Agreement is replaced as follows:
‘Market size live bivalve molluscs must be destined for direct human consumption and not wet storage, relaying or depuration in EC.’
I have the honour to propose that if this letter and the Appendices thereto, which are equally authentic in English and French, are acceptable to your Government, this letter and your confirmation shall together constitute an agreement to amend the Agreement, which shall enter into force on the date of the last note of an exchange of diplomatic notes between the Government of Canada and the European Community confirming that all necessary internal procedures for the entry into force of this Exchange of Letters have been completed.
Please accept, Sir, the assurance of my highest consideration.
For the European Community
Robert MADELIN
B. LETTER FROM THE GOVERNMENT OF CANADA
16 April 2010
Sir,
I have the honour to acknowledge receipt of your letter of 22 March 2010 which reads as follows:
‘Sir,
With reference to Article 16(2) and (3) of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products, done at Ottawa on 17 December 1998, hereafter called “the Agreement”, I have the honour to propose modifications to Annex V to the Agreement in accordance with the recommendations of the Joint Management Committee established under Article 16(1) of the Agreement, as follows:
1.
The table at point 6 concerning Fresh meat in Annex V to the Agreement is replaced by the table in Appendix I to this Exchange of Letters.
2.
The table at point 11 concerning Fisheries products for human consumption in Annex V to the Agreement is replaced by the table in Appendix II to this Exchange of Letters.
3.
The table at point 15 concerning Minced meat in Annex V to the Agreement is replaced by the table in Appendix III to this Exchange of Letters.
4.
Paragraph 1 of Chapter II of Footnote A in Annex V to the Agreement is deleted.
5.
Paragraph 1 of Chapter I of Footnote B in Annex V to the Agreement is replaced as follows:
“For fish caught under the authority of a recreational fishing licence from Canada with the name of the importer, the following conditions have to be fulfilled:
—
the fish was caught in Canadian fisheries waters on the dates while the licence is valid, in accordance with Canadian regulations on sport fishing and that possession limits have been respected;
—
the fish has been eviscerated under appropriate hygiene and preservation measures;
—
the fish is not a toxic species nor a species that may contain biotoxins;
—
the fish must be introduced into the Community within one month following the last date of validity of the recreational fishing licence and is not intended to be marketed. A copy of the recreational fishing licence has to be attached to the accompanying document.”
6.
Paragraphs 3, 4 and 5 of Chapter I of Footnote B in Annex V to the Agreement are deleted.
7.
Paragraphs 1, 2, 3, 4 and 5 of Chapter II of Footnote B in Annex V to the Agreement are deleted.
8.
Paragraph 2 of Chapter I of Footnote C in Annex V to the Agreement is replaced as follows:
“Market size live bivalve molluscs must be destined for direct human consumption and not wet storage, relaying or depuration in EC.”
I have the honour to propose that if this letter and the Appendices thereto, which are equally authentic in English and French, are acceptable to your Government, this letter and your confirmation shall together constitute an agreement to amend the Agreement, which shall enter into force on the date of the last note of an exchange of diplomatic notes between the Government of Canada and the European Community confirming that all necessary internal procedures for the entry into force of this Exchange of Letters have been completed.’
I have the honour to confirm that the above is acceptable to my Government and that your letter, and this reply and the attached Appendices, which are equally authentic in English and French, together shall constitute an agreement to amend the Agreement, in accordance with your proposal, which shall come into force on the date of the last note of an exchange of diplomatic notes between the Government of Canada and the European Community confirming that all necessary internal procedures for the entry into force of this Exchange of Letters have been completed.
Please accept, Sir, the assurances of my highest consideration.
For the competent authority of the Government of Canada
Ross HORNBY
