Text of the Comprehensive Economic and Trade Agreement – Annex 5
Annex 5-A – Competent authorities
Competent authorities of the European Union
1. Control is shared between the national Services of the Member States and the European Commission. In this respect, the following applies:
- for exports to Canada, the Member States are responsible for the control of the production circumstances and requirements, including statutory inspections or audits and issuing health certification attesting to the agreed SPS measures and requirements;
- for imports from Canada, the Member States are responsible for the control of the compliance of the imports with the European Union's import conditions; and
- the European Commission is responsible for the overall coordination, inspection or audits of control systems and the necessary measures, including legislative action to ensure uniform application of standards and requirements of this Agreement.
Competent authorities of Canada
2. The following are responsible for the application of SPS measures with respect to domestically produced, exported and imported animals and animal products, plants and plant products, and for issuing health certificates attesting to the agreed SPS measures unless otherwise noted:
- the Canadian Food Inspection Agency (the "CFIA");
- the Department of Health, as appropriate; or
- a successor entity notified to the other Party.
Annex 5-B – Regional conditions
Diseases for which regionalisation decisions may be taken:
Diseases
- Foot-and-mouth disease
- Vesicular stomatitis
- Swine vesicular disease
- Rinderpest
- Peste des petits ruminants
- Contagious bovine pleuropneumonia
- Lumpy skin disease
- Rift Valley fever
- Bluetongue
- Sheep pox and goat pox
- African horse sickness
- African swine fever
- Classical swine fever
- Notifiable avian influenza
- Newcastle disease
- Venezuelan equine encephalomyelitis
- Epizootic haemorrhagic disease
Aquatic Diseases
The Parties may discuss the list of aquatic diseases on the basis of the OIE Aquatic Animal Health Code.
Annex 5-C – Process of recognition of regional conditions
Animal diseases
To be agreed at a later stage.
Plant pests
To be agreed at a later stage.
Annex 5-D – Guidelines to determine, recognise and maintain equivalence
Determination and Recognition of Equivalence
To be agreed at a later stage.
Maintenance of Equivalence
1. If a Party intends to adopt, modify, or repeal an SPS measure in an area for which it has made a recognition of equivalence as set out in Article 5.6.3(a) or a recognition described in Article 5.6.3(b), that Party should:
- evaluate whether the adoption, modification or repeal of that SPS measure may affect the recognition; and
- notify the other Party of its intention to adopt, modify, or repeal that SPS measure, and of the evaluation under paragraph (a). The notification should take place at an early appropriate stage, when amendments can still be introduced and comments taken into account.
2. If a Party adopts, modifies, or repeals an SPS measure in an area for which it has made a recognition, the importing Party should continue to accept the recognition of equivalence as set out in Article 5.6.3(a) or the recognition described in Article 5.6.3(b), as the case may be, in that area until it has communicated to the exporting Party whether special conditions must be met, and if so, provided the special conditions to the exporting Party. The importing Party should consult with the exporting Party to develop these special conditions.
Annex 5-E – Recognition of sanitary and phytosanitary measures
General Notes
1. If a Party modifies an SPS measure listed in this Annex, the modified SPS measure applies to imports from the other Party, taking into account paragraph 2 of Annex 5-D. For updated SPS measures, refer to the legislative publications of each Party.
2. If an importing Party determines that a special condition listed in this Annex is no longer necessary, that Party shall notify the other Party in accordance with Article 26.5 that it will no longer apply that special condition to imports from the other Party.
3. For greater certainty, an SPS measure of an importing Party that is not otherwise referenced in this Annex or a measure of an importing Party that is not an SPS measure applies, as appropriate, to imports from the other Party.
Section A – Sanitary Measures
| SPS Area | Exports from the European Union to Canada | Exports from Canada to the European Union | ||||||
|---|---|---|---|---|---|---|---|---|
| SPS measure(s) of the European Union | SPS measure(s) of Canada | Special condition(s) | SPS measure(s) of Canada | SPS measure(s) of the European Union | Special condition(s) | |||
| Semen | ||||||||
| Cattle | ||||||||
| Animal health | Directive 88/407 | - Health of Animals Act, S.C. 1990, c. 21 - Health of Animals Regulations, C.R.C., c. 296 | Semen collection centre clinically free of paratuberculosis | - Health of Animals Act - Health of Animals Regulations - CFIA Artificial Insemination Program | Directive 88/407 | 1. Enzootic bovine leucosis: (serum) Enzyme-linked immunosorbent assay ("ELISA") In addition, when possible, the uterine dam of the prospective donor bull should be subjected to an ELISA test for enzootic bovine leucosis, subsequent to the weaning of the prospective donor, with negative results. This test of the uterine dam is required to export semen to the Member States of the European Union when semen is collected from a donor bull before reaching 24 months of age, and a negative result to an ELISA test is required after reaching that age. This test is not required when the prospective donor bull originates from a Canada Health Accredited Herd for Enzootic bovine leucosis; and, 2. Infectious bovine rhinotracheitis: (serum) ELISA The semi-annual testing for infectious bovine rhinotracheitis of all resident animals must be performed at infectious bovine rhinotracheitis-negative facilities that are approved for export to the European Union. Only infectious bovine rhinotracheitis-negative facilities are allowed to export semen to the European Union. | ||
| Embryos | ||||||||
| In vivo derived bovine | ||||||||
| Animal health | Directive 89/556 | - Health of Animals Act - Health of Animals Regulations, Part XIII | - Health of Animals Act - Health of Animals Regulations - CFIA Embryo Export Approval Program | Directive 89/556 Decisions 2006/168 2007/240 | 1. The donor females spent the six months immediately prior to the collection within Canada in no more than two herds:
2. There was no outbreak of epizootic haemorrhagic disease within 10 kilometers of where the donor female is located during the 30 days prior to collection; and, 3. The semen is collected and stored in collection centres or stored in storage centres approved by the CFIA, or the semen is collected and stored in collection centres or stored in storage centres approved by the competent authority of a third country that is approved to export semen to the European Union, or the semen is exported from European Union. | |||
| Fresh meat | ||||||||
| Ruminants, equidae, porcine, poultry, farmed game from deer, rabbit and ratite | ||||||||
| Public health | Regulations 852/2004 853/2004 854/2004 2073/2005 2015/1375 | - Meat Inspection Act, R.S.C. 1985, c. 25 (1st Supp.) - Meat Inspection Regulations, 1990, S.O.R./90-288 - Food and Drugs Act, R.S.C., 1985, c. F-27 - Food and Drug Regulations, C.R.C., c. 870 | 1. Compliance with Canadian rules on transmissible spongiform encephalopathy; 2. Prolonged delayed evisceration not permitted; 3. Compliance with microbiological food safety criteria of the importing Party; 4. Porcine meat intended for processing in ready-to-eat product is tested or frozen in accordance with Commission Implementing Regulation (EU) 2015/1375; 5. Blood is collected using a closed blood collection method; and, 6. Meat derived from animals slaughtered under emergency slaughter procedures is not eligible for trade. | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | Regulations 852/2004 853/2004 854/2004 2073/2005 2015/1375 | See Appendix A | ||
| Meat products | ||||||||
| Ruminants, equidae, pigs, poultry and farmed game | ||||||||
| Public Health | Regulations 852/2004 853/2004 854/2004 2073/2005 | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | 1. Fresh meat used to make the products complies with applicable special conditions, excluding special condition 4 when the finished product is treated by heat to a temperature sufficient to destroy Trichinella; 2. Compliance with product standards of the importing Party; and, 3. Compliance with microbiological food safety criteria of the importing Party. | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | Regulations 852/2004 853/2004 854/2004 2073/2005 | 1. Fresh meat used to make the products complies with applicable special conditions, excluding Appendix A special condition 6(a) when the finished product is treated by heat to a temperature sufficient to destroy Trichinella; 2. Compliance with product standards of the importing Party; and, 3. Compliance with microbiological food safety criteria of the importing Party. | ||
| Minced meat, meat preparations | ||||||||
| Ruminants, equidae, pigs, poultry and farmed game | ||||||||
| Public Health | Regulations 852/2004 853/2004 854/2004 2073/2005 | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | 1. Fresh meat used to make the products complies with applicable special conditions; 2. Compliance with product standards of the importing Party; and, 3. Compliance with microbiological food safety criteria of the importing Party. | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | Regulations 852/2004 853/2004 854/2004 2073/2005 | 1. Fresh meat used to make the products complies with applicable special conditions; 2. Compliance with product standards of the importing Party; and, 3. Compliance with microbiological food safety criteria of the importing Party. | ||
| Processed animal proteins for human consumption | ||||||||
| Ruminants, equidae, pigs, poultry and farmed game | ||||||||
| Public health | Regulations 852/2004 853/2004 854/2004 | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | 1. Fresh meat used to make the products complies with applicable special conditions, excluding special condition 4 when the finished product is treated by heat to a temperature sufficient to destroy Trichinella; and 2. Compliance with product standards of the importing Party. | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | Regulations 852/2004 853/2004 854/2004 | 1. Fresh meat used to make the products complies with applicable special conditions, excluding Appendix A special condition 6(a) when the finished product is treated by heat to a temperature sufficient to destroy Trichinella; and, 2. Compliance with product standards of the importing Party. | ||
| Rendered animal fat intended for human consumption | ||||||||
| Ruminants, equidae, pigs, poultry and farmed game | ||||||||
| Public health | Regulations 852/2004 853/2004 854/2004 | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | 1. Fresh meat used to make the products complies with applicable special conditions, excluding special condition 4; and, 2. Compliance with product standards of the importing Party. | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | Regulations 852/2004 853/2004 854/2004 | 1. Fresh meat used to make the products complies with applicable special conditions, excluding Appendix A special condition 6(a); and, 2. Compliance with product standards of the importing Party. | ||
| Animal casings for human consumption | ||||||||
| Cattle, sheep, goats and pigs | ||||||||
| Public health | Regulations 852/2004 853/2004 854/2004 | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | Compliance with Canadian rules on transmissible spongiform encephalopathy | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Food and Drugs Act - Food and Drug Regulations | Regulations 852/2004 853/2004 854/2004 | Compliance with European Union rules on transmissible spongiform encephalopathy | ||
| Fishery products and live bivalve molluscs | ||||||||
| Fish and fishery products for human consumption | ||||||||
| Public Health | Regulations 852/2004 853/2004 854/2004 2073/2005 2074/2005 | - Fish Inspection Act, R.S.C. 1985, c. F-12 - Fish Inspection Regulations, C.R.C., c. 802 - Food and Drugs Act - Food and Drug Regulations | Smoked fish packed in hermetically sealed containers that are not frozen contain a salt level not less than 9 per cent (water phase method). The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country. | - Fish Inspection Act - Fish Inspection Regulations - Food and Drugs Act - Food and Drug Regulations | Regulations 852/2004 853/2004 854/2004 2073/2005 2074/2005 | The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country. | ||
| Deheaded eviscerated fish for human consumption | ||||||||
| Animal Health | Directive 2006/88 | - Health of Animals Act - Health of Animals Regulations, Part XVI - Reportable Disease Regulations, S.O.R./91-2 | - Health of Animals Act - Health of Animals Regulations, Part XVI | Directive 2006/88 Regulation 1251/2008 | ||||
| Live bivalve molluscs for human consumption, including echinoderms, tunicates and marine gastropods | ||||||||
| Public health | Regulations 852/2004 853/2004 854/2004 2074/2005 | - Fish Inspection Act - Fish Inspection Regulations - Food and Drugs Act - Food and Drug Regulations | The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country. | - Fish Inspection Act - Fish Inspection Regulations - Management of Contaminated Fisheries Regulations, S.O.R./90-351 - Food and Drugs Act - Food and Drug Regulations | Regulations 852/2004 853/2004 854/2004 2074/2005 | Live bivalve molluscs are monitored for diarrheic shellfish poison toxins on a risk-based level. The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country. | ||
| Fish caught under the authority of a recreational fishing licence from Canada | ||||||||
| Public health | - Fish Inspection Act - Fish Inspection Regulations | Regulations 852/2004 853/2004 854/2004 2073/2005 | For fish caught under the authority of a recreational fishing licence from Canada with the name of the importer, the following conditions apply: 1. 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; 2. The fish has been eviscerated under appropriate hygiene and preservation measures; 3. The fish is not a toxic species nor a species that may contain biotoxins; and, 4. The fish is introduced into the European Union 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 is attached to the accompanying document. | |||||
| Milk and milk products for human consumption | ||||||||
| Pasteurised or cheeses from not pasteurised (or low heat treated) and raw milk maturated for at least 60 days | ||||||||
Public health | Regulations 852/2004 853/2004 854/2004 | - Health of Animals Act - Health of Animals Regulations, s. 34 - Food and Drugs Act - Food and Drug Regulations, Part B, Division 8 - Canada Agricultural Products Act, R.S.C 1985, c. 20 (4th Supp.) - Dairy Products Regulations, S.O.R./79-840 | The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country. | - Food and Drugs Act - Food and Drug Regulations, Part B, Division B - Canada Agricultural Products Act - Dairy Products Regulations | Decision 2011/163 Regulations 852/2004 853/2004 854/2004 605/2010 | 1. Canada to evaluate Hazard Analysis Critical Control Point ("HACCP") systems of establishments which are not Food Safety Enhancement Program ("FSEP")-HACCP recognized to ensure they are operating under HACCP principles; and, 2. Two signatures are required on the export certificate: animal health attestations are signed by an official veterinarian; and public health related attestations are signed by an official inspector. The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country. | ||
| Animal casings not for human consumption | ||||||||
| Pigs | ||||||||
Animal Health | Regulation 1069/2009 | - Health of Animals Act - Health of Animals Regulations, Part IV | ||||||
| Bones, horns and hooves (except meals) and their products not for human consumption | ||||||||
| Animal health | - Health of Animals Act - Health of Animals Regulations | Regulation 1069/2009 | Certificate as per Decision 97/534 | |||||
| Blood and blood products not intended for human consumption | ||||||||
| Ruminant | ||||||||
| Animal health | Regulation 1069/2009 | - Health of Animals Act - Health of Animals Regulations, Part IV and Part XIV - Feeds Act, R.S.C. 1985, c. F-9 - Feeds Regulations, 1983, S.O.R./83-593 | Compliance with Canadian rules on transmissible spongiform encephalopathy | |||||
| Apiculture products not for human consumption | ||||||||
| Animal Health | Regulation 1069/2009 | - Health of Animals Act - Health of Animals Regulations, Part VI | Product subjected to treatment, for example freeze drying, irradiation, or vacuum packaging. | - Health of Animals Act - Health of Animals Regulations - Bee Products Directive TAHD-DSAT-IE-2001-3-6, January 5, 2011 | Regulation 1069/2009 | 1. Bee products used for animal or human feed or industrial use are not restricted; and 2. Bee products used for bee feeding are treated. | ||
| Wool, feathers and hair | ||||||||
| Wool | ||||||||
| Animal health | Regulation 1069/2009 | - Health of Animals Act - Health of Animals Regulations, Part IV | Certificate of origin | - Health of Animals Act - Health of Animals Regulations | Regulation 1069/2009 | |||
| Pig bristle | ||||||||
| Animal health | Regulation 1069/2009 | - Health of Animals Act - Health of Animals Regulations, Part IV | Certificate of origin | - Health of Animals Act - Health of Animals Regulations | Regulation 1069/2009 | |||
| Shell eggs and egg products intended for human consumption | ||||||||
Animal health | Directives 90/539 2002/99 | - Health of Animals Act - Health of Animals Regulations, Part III and Part IV (for shell eggs and egg products) | 1. Statement of origin; and, 2. Veterinary certification | Egg Products – Import Procedures, AHPD-DSAE-IE-2001-5-3, December 20, 1995 | Directives 90/539 2002/99 | |||
| Horizontal issues | ||||||||
| Listing of establishments | Regulations 2004/852 2004/853 2004/854 | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Fish Inspection Act - Fish Inspection Regulations - Canada Agricultural Products Act - Dairy Products Regulations | Listing required for fresh meat and meat products | - Meat Inspection Act - Meat Inspection Regulations, 1990 - Fish Inspection Act - Fish Inspection Regulations - Canada Agricultural Products Act - Dairy Products Regulations | Regulations 2004/852 2004/853 2004/854 | The following conditions apply to all animals and animal product commodities with public health recognition where a list of establishments is required: 1. Lists of Canadian establishments and plants are entered into the TRACES system by Canada; and, 2. Canada provides guarantees that the establishments fulfil the conditions as laid down in this Chapter, in its entirety. The European Union updates and publishes the list of establishments without undue delay. | ||
| Water | Directive 98/83 | - Canada Agricultural Products Act - Dairy Products Regulations - Fish Inspection Act - Fish Inspection Regulations - Food and Drugs Act - Food and Drug Regulations - Meat Inspection Act - Meat Inspection Regulations, 1990 | - Canada Agricultural Products Act - Dairy Products Regulations - Fish Inspection Act - Fish Inspection Regulations - Food and Drugs Act - Food and Drug Regulations - Meat Inspection Act - Meat Inspection Regulations, 1990 | Directive 98/83 | ||||
Appendix A – Special conditions with respect to certain exports from Canada to the European Union
1. Compliance with European Union rules on transmissible spongiform encephalopathy;
2. Shrouds not to be used on carcases;
3. Compliance with European Union rules on decontamination;
4. Compliance with microbiological testing for export to Finland and Sweden as laid down in the Commission Regulation (EC) No 1688/2005.
5. Ante-mortem inspection
Routine ante-mortem inspection procedures apply provided a CFIA veterinarian is present on premises when ante-mortem inspection is conducted on animals intended to be slaughtered for export to the European Union;
6. Post-mortem inspection
Pork:
in accordance with Commission Implementing Regulation (EU) 2015/1375:
- skeletal muscle is tested for Trichinella by using a validated digestion method approved by the CFIA in a CFIA laboratory or a laboratory certified by the CFIA for that purpose; or,
- skeletal muscle is submitted to cold treatment by using a treatment approved by the CFIA;
- Bovine over 6 weeks old:
- liver: incision of the gastric surface and at the base of the caudate lobe to examine the bile ducts;
- head: two incisions in the external masseters parallel to the mandible;
Domestic solipeds:
in accordance with Commission Implementing Regulation (EU) 2015/1375, skeletal muscle is tested for Trichinella by using a validated digestion method approved by the CFIA in a CFIA laboratory or a laboratory certified by the CFIA for that purpose;
Farmed game - wild boar:
in accordance with Commission Implementing Regulation (EU) 2015/1375, skeletal muscle is tested for Trichinella by using a validated digestion method approved by the CFIA in a CFIA laboratory or a laboratory certified by the CFIA for that purpose;
7. Regular check on general hygiene:
in addition to Canadian operational and preoperational sanitation requirements, the products testing requirements for E. coli and Salmonella for the United States of America (USA) as is written in Annex T: Testing for Escherichia coli (E. coli) in Slaughter Establishments and Annex U: USDA Performance Standards for Salmonella of USA section of Chapter 11 of the CFIA's Meat Hygiene Manual of Procedures are implemented; and
8. Compliance with microbiological food safety criteria of the importing Party.
Section B – Phytosanitary Measures
To be agreed at a later stage.
Annex-5-F – Approval of establishments or facilities
The conditions and procedures for the purpose of Article 5.7.4(b) are as follows:
- the import of the product has been authorised, if so required, by the competent authority of the importing Party;
- the establishment or facility concerned has been approved by the competent authority of the exporting Party;
- the competent authority of the exporting Party has the authority to suspend or withdraw the approval of the establishment or facility; and
- the exporting Party has provided relevant information requested by the importing Party.
Annex 5-G – Procedure related to specific import requirements for plant health
A key objective of this procedure is that the importing Party establishes and maintains, to the best of its ability, a list of regulated pests for commodities where a phytosanitary concern exists in its territory.
1. If the Parties jointly identify a specific commodity as a priority, the importing Party should establish a preliminary list of pests for that commodity, within a period of time determined by the Parties, once it receives from the exporting Party:
- information on the pest status in the territory of the exporting Party that relates to the pests regulated by at least one of the Parties; and
- information on the pest status of other pests occurring in its territory based on international databases and other available sources.
2. The preliminary list of pests of an importing Party may include pests that are already regulated in its territory. It may also include potential quarantine pests for which the importing Party may require a pest risk analysis should a commodity be confirmed as a priority in accordance with paragraph 3.
3. For a commodity:
- for which a preliminary list of pests has been established pursuant to paragraph 2;
- which the Parties confirm is a priority; and
- for which the exporting Party has provided all relevant information required by the importing Party,
the importing Party should undertake the steps necessary to establish its regulated pest list as well as the specific import requirements for that commodity.
4. If the importing Party provides for more than one phytosanitary measure to meet the specific import requirements for a specific commodity, the competent authority of the exporting Party should communicate to the competent authority of the importing Party which measure or measures it will use as the basis for certification.
Annex 5-H – Principles and guidelines to conduct an audit or verification
To be agreed at a later stage.
Annex 5-I – Export certification
Model attestation for health certificates for animals and animal products
1. Official health certificates shall cover consignments of products being traded between the Parties.
Health attestations
2. Equivalence agreed: Model health attestation to be used (equivalence for measures or certification systems). Refer to Annex 5-E;
"The [insert product] herein described, complies with the relevant [European Union/Canada] (*) SPS measure(s) and requirement(s) which have been recognised as equivalent to the [Canada/European Union] (*) SPS measure(s) and requirement(s) as prescribed in Annex 5-E of the Canada-European Union Comprehensive Economic and Trade Agreement [and the special condition(s) as set out in Annex 5-E](*).
* Delete as appropriate."
3. Until certificates on the basis of equivalence have been adopted, existing certification shall continue to be used.
Official languages for certification
4.
- For import into the European Union, the certificate must be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union; and
- for import into Canada, the certificate must be drawn up in one of the official languages of Canada.
Means of certification
5. The exchange of original certificate information may occur by a paper-based system or a secure method of electronic data transmission that offers an equivalent certification guarantee. The exporting Party may elect to provide electronic official certification if the importing Party has determined that equivalent security guarantees are being provided, including the use of a digital signature and a non-repudiation mechanism. The importing Party's agreement for the exclusive use of electronic certification can either be recorded through correspondence in one of the annexes to this Chapter or by correspondence in accordance with Article 5.14.8.
6. The European Union may set out its import certificates for live animals and animal products from Canada with an equivalence status referred to in Annex 5-E in Trade Control and Export System ("TRACES").
Annex 5-J – Import checks and fees
Section A – Frequencies of checks
The Parties may modify any frequency rate, within their responsibilities, as appropriate, taking into account the nature of checks applied by the exporting Party prior to export, the importing Party's past experience with products imported from the exporting Party, progress made toward the recognition of equivalence, or as a result of other actions or consultations provided for in this Agreement.
| Type of frontier check | Normal rate as referred to in Article 5.10.1 |
|---|---|
1. Documentary and identity Each Party performs documentary and identity checks on all consignments | |
| 2. Physical Checks | |
| Live animals | 100 per cent |
| Semen, embryos or ova | 10 per cent |
Animal products for human consumption
| 10 per cent |
Animal products not for human consumption
| 10 per cent |
| Processed animal protein not for human consumption (bulked) | 100 per cent for six consecutive consignments (as per Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009), if these consecutive tests prove negative, random sampling shall be reduced to 20 per cent of subsequent bulk consignments from the same source. If one of these random sampling proves positive, the competent authority must sample each consignment from the same source until six consecutive tests again prove negative. |
| Live bivalve molluscan shellfish | 15 per cent |
Fish and fishery products for human consumption Fish products in hermetically sealed containers intended to render them stable at ambient temperatures, fresh and frozen fish, dry fisheries products, salted fisheries products, or dry and salted fisheries products Other fishery products Live crustaceans or fresh headed and degutted fish without other manual processing | 15 per cent 2 per cent |
For the purposes of this Annex, "consignment" means a quantity of products of the same type, covered by the same health certificate or document, conveyed by the same means of transport, consigned by a single consignee and originating from the same exporting Party or part of that Party.
Section B – Fees
To be agreed at a later stage.
- Date modified:
