
Article 1 
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.
Article 2 
The Director-General for Health and Consumers is hereby authorised, on behalf of the Community, to sign the Letter from the European Community.
Article 3 
This Decision annuls and replaces Decision C(2008) 2633.
Done at Brussels, 26 May 2009.
For the Commission
Androulla VASSILIOU
Member of the Commission
ANNEX
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 CommunityRobert MADELIN

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 CanadaRoss HORNBY

Appendix I
6. 

Commodity EC Exports to Canada Canada Exports to EC
Trade conditions Equivalence Special conditions Action Trade conditions Equivalence Special conditions Action
EC standards Canadian standards Canadian standards EC standards
Animal health
 — Ruminants
 2002/99/ECRegulation (EC) No 999/2001 H of A Act and Regs.Sec 40, 41 Yes 2 Statement of origin  H of A Act and Regs. 2002/99/EC Regulation (EC) No 999/2001Decision 79/542/EEC Yes 3  
 — Equidae
 2002/99/EC H of A Act and Regs.Sec 40, 41 Yes 2 Statement of origin  H of A Act and Regs. 2002/99/EC Decision 79/542/EEC Yes 3  
 — Pigs
 2002/99/EC H of A Act and Regs.Sec 40, 41 Yes 2 Statement of origin  H of A Act and Regs. 2002/99/EC Decision 79/542/EEC Yes 3  
Public health Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004 Meat Inspection Act & Regs.Food and Drugs Act & Regs.Consumer Packaging & Labelling Act & Regs. (if packaged for retail sale)Canada Agricultural Products Act& Livestock and Poultry Carcass Grading Regs. (if beef) Yes 1  Some provisions to be reviewed when the Meat Inspection Regulation will be amended. Meat Inspection Act & Regs.Food and Drugs Act & Regs.Consumer Packaging & Labelling Act & Regs. (if packaged for retail sale)Canada Agricultural Products Act& Livestock and Poultry Carcass Grading Regs. (if beef) Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004Decision 79/542/EEC Decision 2005/290/EC Yes 1 Subsections (2) and (3) of section 11.7.3 on the European Union of Chapter 11 of the Meat Hygiene Manual as prescribed in the meat hygiene Directive (No 2008/33/EC) Ante and post mortem provisions, the definition of market hogs and other hygiene requirements to be reviewed when the new EU Food Hygiene Regulations will be applied.


Appendix II

11.Commodity EC Exports to Canada Canada Exports to EC
Trade conditions Equivalence Special conditions Action Trade conditions Equivalence Special conditions Action
EC standards Canadian standards Canadian standards EC standards
Animal health

1. Live aquaculture animals and products destined for human consumption or aquaculture

2. Dead eviscerated fish for human consumption

3. Dead non-eviscerated products for human consumption

4. Live fish eggs for aquaculture

5. Live fish for aquaculture (include finfish, molluscs, crustacean and other invertebrates)
 Directive 2006/88/EC Fish Health Protection Regulations made under the Fisheries Act, R.S.C. 1985, c.F-14 
1. NE

2. Yes 2

3. NE

4. NE

5. NE
 Fish health certificate issued by an official body  Fish Health Protection Regulations made under the Fisheries Act, R.S.C. 1985, c. F-14 Directive 2006/88/ECDecisions 2003/858/EC 2003/804/EC 2006/656/ECRegulation (EC) No 1251/2008Regulations (EC) No 2074/2005, (EC) No 1250/2008 
1. NE

2. Yes 2

3. NE

4. NE

5. NE
 Official health certificate 
Public health

— Fish and fishery products for human consumption
 Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004, (EC) No 2073/2005 Fish Inspection Regulations made under the Fish Inspection Act, R.S.C., 1985, c. F-12Food and Drugs Act and RegulationsConsumer Packaging and Labelling Regulations (if packaged for retail sale Yes 1 Smoked fish packed in hermetically sealed containers that are not frozen, must contain a salt level not less than 9 % (water phase method).The Canadian and EC systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the EC for end product monitoring differ in some aspects. For exported products it is the responsibility of the exporter to assure their products meet the criteria of the importing country.  Fish Inspection Regulations made under the Fish Inspection Act, R.S.C., 1985, c. F-12 Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004, (EC) No 2073/2005Decision 2005/290/EC Yes 1 Footnote B (I)The Canadian and EC systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the EC for end product monitoring differ in some aspects. For exported products it is the responsibility of the exporter to assure their products meet the criteria of the importing country. Health Canada to be requested to review the smoked fish regulations on priority basis

— Live bivalve molluscs for human consumption, including echinoderms, tunicates and marine gastropods
 Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004 Fish Inspection Regulations made under the Fish Inspection Act, R.S.C., 1985, c. F-12 Food and Drugs Act and Regulations Yes 2 Footnote C (ii) EC to supply a list of approved dispatch centres EC requests Canada to review contaminants limits to assess equivalency Fish Inspection Regulations made under the Fish Act, R.S.C., 1985, c. F-12Management of Contaminated FisheriesRegulations made under the Fisheries Act, R.S.C. 1985, c. F-14 Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004, (EC) No 2074/2005 Yes 2 Footnote C (ii)Official certificate Evaluate the equivalency of bacteriological quality based on growing waters vs shellfish fleshCanada to supply a list of approved processing plants
Appendix III

15.Commodity EC Exports to Canada Canada Exports to EC
Trade conditions Equivalence Special conditions Action Trade conditions Equivalence Special conditions Action
EC standards Canadian standards Canadian standards EC standards
Animal health

— Ruminants
 Directive 2002/99/EC H of A Act and Regs.Sec 40—52 Yes 3 As defined in the Meat Inspection Regulations  H of A Act and Regs Directive 2002/99/ECDecision 79/542/EEC Yes 3  

— Pigs
 Directive 2002/99/EC H of A Act and Regs.Sec 40—52 Yes 3 As defined in the Meat Inspection Regulations  H of A Act and Regs Directive 2002/99/ECDecision 79/542/EEC Yes 3  

— Equidae
 Directive 2002/99/EC H of A Act and Regs.Sec 40—52 Yes 3   H of A Act and Regs Directive 2002/99/EC Yes 3  

— Poultry/Wild game/Farmed game
 Directive 2002/99/EC H of A Act and Regs.Sec 40—52 Yes 3   H of A Act and Regs Directive 2002/99/EC Yes 3  
Public health Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004 Meat Inspection Act & RegsFood and Drugs Act & RegsConsumer Packaging and Labelling Act & Regs. (if packaged for retail sale) Yes 2 No trade in wild game minced meat  Meat Inspection Act & Regs.Food and Drugs Act & Regs.Consumer Packaging and Labelling Act & Regs. (if packaged for retail sale) Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004Decision 79/542/EEC Yes 3 Footnote A (I) 