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ARRANGEMENT ON THE MUTUAL RECOGNITION OF FISH AND FISHERY PRODUCTS INSPECTION AND CONTROL SYSTEMS BETWEEN THE CANADIAN FOOD INSPECTION AGENCY AND THE DIRECTORATE GENERAL OF CAPTURE FISHERIES OF THE DEPARTMENT OF MARINE AFFAIRS AND FISHERIES OF THE REPUBLIC OF INDONESIA

ARRANGEMENT on the Mutual Recognition of Fish and Fishery Products Inspection and Control Systems (hereinafter referred to as the "Arrangement")

Between:

the Canadian Food Inspection Agency (hereinafter referred to as "CFIA")

- and -

the Directorate General of Capture Fisheries of the Department of Marine Affairs and Fisheries of the Republic of Indonesia (hereinafter referred to as "DGCF")

Hereinafter referred to collectively as the Parties, the CANADIAN FOOD INSPECTION AGENCY and the INDONESIAN DIRECTORATE GENERAL OF CAPTURE FISHERIES;

Recognizing that fish and fishery products traded between Canada and Indonesia are intended to be safe, wholesome and properly identified;

Desiring to establish a process for recognizing the fish and fishery products inspection and control systems of the CFIA and the DGCF;

Intending to improve efficiencies, and where possible, to reduce duplication in the fish and fishery products inspection and control systems of the CFIA and the DGCF; and

Supporting the objective of harmonization in accordance with Canada's and Indonesia's memberships in the World Trade Organization (hereinafter referred to as "WTO");

Whereas pursuant to the Canadian Food Inspection Agency Act, S.C. 1997, c.6, the CFIA is responsible for the administration and enforcement of the Canadian fish inspection system;

And Whereas the DGCF is responsible for the administration and enforcement of the Republic of Indonesia's fish inspection system;

Have reached the following understanding, without any prejudice or waiver whatsoever to or of their respective jurisdictions, authorities or powers, as follows:

ARTICLE 1

Definitions

For the purposes of this Arrangement:

(a) "Consumer Protection" means the requirements that exist with respect to the acceptable quality or proper identification of fish or fish products;

(b) "Establishment" means a fish processing facility licensed, registered or approved by the competent authority and operating under a mutually acceptable Hazard Analysis Critical Control Point ("HACCP") system;

(c) "Fish" includes finfish, crustaceans, molluscs, and other forms of aquatic animal life where such animals are intended for human consumption;

(d) "Fishery product" means any food product consisting in whole of fish or a product containing a portion of fish, including fish that has been processed in any manner, in which the characterizing ingredient is fish;

(e) "Fully cooked" means a product which is heat-processed to a temperature adequate to reduce or eliminate unacceptable health risks;

(f) "Import Inspection" means an inspection that is conducted by the importing party to determine compliance of an imported lot of fish or fishery products;

(g) "Processing" includes cleaning, filleting, washing, shucking, icing, packing, canning, freezing, irradiating, pasteurizing, smoking, salting, cooking, pickling and drying;

(h) "Competent Authorities" means:

  • (i) for the Canadian Food Inspection Agency ("CFIA"), the authorities described in Part A of Annex I; and
  • (ii) for the Directorate General of Capture Fisheries ("DGCF"), the authorities described in Part B of Annex I;

(i) "Third Party" means a person or a country other than the Parties that have signed this Arrangement;

(j) "Acceptable quality" means the product meets the criteria for decomposition and other defectives identified in the standards developed by the Codex Committee on Fish and Fishery Products as approved by the Codex Alimentarius Commission;

(k) "Proper identification" means free from false, misleading or deceptive labelling practices according to the legal requirements of each Party.

ARTICLE 2

Scope

2.1. This Arrangement will apply to the fish and fishery products inspection and control systems of the Parties in respect of the trade in fish and fishery products which are processed in establishments identified in Annex II of this Arrangement and which are intended to be safe, of acceptable quality and properly identified.

2.2 This Arrangement will not apply to the trade of raw bivalve molluscan shellfish, or products thereof (excluding canned and other fully cooked products), or to concerns related to fish health, fish disease or fish quarantine issues.

ARTICLE 3

Relation to the WTO Agreement

3.1 Nothing in this Arrangement will affect the rights or obligations of the Parties under the Marrakesh Agreement Establishing the World Trade Organization, 1994.

ARTICLE 4

Recognition of Competent Authorities

4.1 Each Party hereby recognizes the other Party's fish and fishery products inspection and control system governing raw materials, holding, handling, transporting, processing, packaging, and distribution in fish and fishery products. This recognition was conducted in accordance with the procedures for recognition of a Competent Authority as outlined in Annex III.

4.2 The fish processing establishments to be recognized under this Arrangement are identified in Annex II. The Parties may amend Annex II in accordance with Article 10.

4.3 Where differences exist in product standards and labelling requirements, the exporting Party will require the establishments identified in Annex II to comply with the product standards and labelling requirements under the laws of the importing Party.

ARTICLE 5

Import Inspections and Inspection Fees

5.1 The preferred frequencies of import inspections are set out in Annex IV.

5.2 A Party may, in accordance with its legislation and procedures, collect fees for the costs incurred in conducting import inspections.

ARTICLE 6

Audits

6.1 A Party may audit all or part of the other Party's fish and fishery products inspection and control system in accordance with the audit guidelines specified in Annex V.

6.2 The focus of the audit will be on the fish and fishery products inspection and control system. When inspecting individual establishments as part of an audit of the fish and fishery products inspection and control systems, the sampling of establishments to be inspected will focus on those exporting to the other Party.

6.3 The results of inspections referred to in Article 5 may be used in the assessment and verification process.

6.4 A Party may, with the consent of the other Party and in accordance with its relevant access to information and privacy legislation:

(a) share the results and conclusions of its audit activities and import inspections with Third Party countries; and
(b) use the results and conclusions of the audit activities and import inspections of Third Party countries.

6.5 The comments of the Party being audited will form part of the official report and only official reports will be shared with Third Parties.

6.6 Audit costs of the Party conducting the audit will be the responsibility of that Party.

ARTICLE 7

Notification and Exchange of Information

7.1 Notifications and exchanges of information will be made to the contact points set out in Annex I.

7.2 With regard to fish and fishery products being exported to the other country, where a Party in the exporting country has serious and immediate concerns with respect to public health, it will immediately notify the other Party orally, and confirm the notice in writing within 24 hours.

7.3 Subject to the relevant access to information and privacy legislation, the Parties will exchange information concerning the implementation of this Arrangement on a regular basis in order to engender mutual confidence and to demonstrate the effectiveness of the respective fish and fishery products inspection and control systems.

7.4 The information referred to in paragraph 7.3 will include:

(a) the introduction of new requirements or changes in existing requirements, which may affect this Arrangement, in advance of their adoption, such as:

  • (i) legislative initiatives,
  • (ii) policies and procedures concerning enforcement and inspection,
  • (iii) sampling and analysis,
  • (iv) cost recovery initiatives, and
  • (v) other measures as appropriate;

(b) briefings on current developments affecting trade in fish and fishery products; and

(c) audit results.

7.5 A Party, before making any changes to its fish and fishery products inspection and control system that affect the implementation of this Arrangement, will notify the other Party in writing. The affected Party may, within 30 days of receipt of the notification, refer the matter to the Joint Management Committee established in Article 9 to determine the impact of such changes on this Arrangement.

7.6 The importing Party will, within reasonable time frames, provide information on any fish and fishery products from the exporting Party that are found not to be in compliance with the requirements of the importing Party, including information on the reason for the rejection, identification and description of the lot, and procedures for sampling and analysis.

ARTICLE 8

Safeguard Measures

8.1 A Party that identifies a matter of serious and immediate concern related to public health or consumer protection in the fish and fishery products inspection and control system of the other Party may adopt provisional measures immediately. The Party will notify the other Party of those measures within 24 hours of the decision to implement them and, on request, consultations regarding the situation will be held within 14 days of the notification.

ARTICLE 9

Joint Management Committee

9.1 The Parties will establish a Joint Management Committee, based on the Terms of Reference established in Annex VI, to oversee the implementation and maintenance of this Arrangement.

ARTICLE 10

Administration of the Arrangement

10.1 This Arrangement will come into effect on June 6, 2002.

10.2 The Annexes will constitute an integral part of this Arrangement.

10.3 This Arrangement and its Annexes may be amended by mutual written consent of each Party. Unless otherwise specified therein, all amendments to the Arrangement will come into effect on the date of the signatures.

10.4 Either Party may terminate this Arrangement by giving at least six months notice in writing. The Arrangement will terminate on the expiry of the period of notice.

The undersigned, on behalf of their respective parties, have signed this Arrangement.

DONE in duplicate in Ottawa, Canada, this 07 day of March 2002, in each of the English, French and Indonesian languages, each version being equally valid.

for the Indonesian Directorate General of Capture Fisheries:

original signed by Dr. Soempeno Putro

Dr. Soempeno Putro,
Director General of Capacity Building,
on behalf of the Competent Authority,
Directorate General of Capture Fisheries

for the Canadian Food Inspection Agency:

original signed by Ronald Doering

Ronald L. Doering
President
Canadian Food Inspection Agency
Ronald L. Doering

LIST OF ANNEXES

Annex I Competent Authorities and Contact Points
Annex II Fish Processing Establishments
Annex III Procedure for Recognition of the Competent Authority
Annex IV Frequency of Import Inspection
Annex V Audit Guidelines
Annex VI Joint Management Committee - Terms of Reference

ANNEX I

COMPETENT AUTHORITIES AND CONTACT POINTS

A Party may amend its Contact Points identified in this Annex by a written notice. The amendment will enter into effect on the date of the notice or on a subsequent date specified therein.

A. Competent Authorities and Contact Points for the CFIA

The Canadian Food Inspection Agency (CFIA) is responsible for the application of control measures in respect of fish and fishery products that are produced domestically for export and for fish and fishery products that are imported, and for issuing certificates as may be required attesting to agreed standards. Under Canadian law, fish and fishery products intended for export must be processed in a licensed or registered establishment having a valid Quality Management Program as required by the Fish Inspection Act and the Fish Inspection Regulations made thereunder.

CFIA is responsible for the inspection of fish and fishery products imported into Canada to ascertain that they comply with Canadian requirements.

The CFIA also administers applicable sections of the Canadian Food and Drugs Act and the Food and Drug Regulations and the Canadian Consumer Packaging and Labelling Act and the Consumer Packaging and Labelling Regulations as they apply to fishery products in Canada.

The Contact Points for the CFIA are:

Director - Fish, Seafood and Production Division
Animal Products Directorate
Canadian Food Inspection Agency
59 Camelot Drive
Nepean, Ontario K1A OY9

Telephone:613-225-2342 ext. 4212
Facsimile: 613-228-6648

Alternate:

National Manager - International Programs and Intergovernmental Liaison
Fish, Seafood and Production Division
Animal Products Directorate
Canadian Food Inspection Agency
59 Camelot Drive
Nepean, Ontario K1A OY9

Telephone:613-225-2342 ext. 4551
Facsimile: 613-228-6648

B. Competent Authority and Contact Point for the DGCF

The Directorate General of Capture Fisheries (DGCF) is responsible for the application of control measures in respect of domestically produced, exported and imported fish and fisheries products, and for issuing certificates as may be required attesting to agreed standards.

The DGCF is also the Competent Authority responsible for licensing of fish processing establishments and the inspection and certification of fish and fishery products prepared for export. The fish and fishery products must be processed in a good manner by the fish processing establishments that have applied the HACCP Based Integrated Quality Management Program.

The Contact Point for the DGCF is:

Director of Fish Inspection and Product
Development
Directorate General of Capture Fisheries
Ministry of Marine Affairs and Fisheries
Harsono RM No. 3,
Ragunan, Jakarta Selatan

Telephone/Facsimile: (021) 789-1479

ANNEX II

FISH PROCESSING ESTABLISHMENTS

Canada

All establishments registered or licensed for export under the Canadian Fish Inspection Regulations are recognized under this Arrangement. A list of processors, complete with names, addresses and registration numbers, has been provided to Indonesia prior to the signing of the Arrangement. A complete list of all federally registered fish processing plants, in good standing with the CFIA, will be maintained on the CFIA Internet site.

Indonesia

All establishments registered or licensed for export by the Directorate General of Capture Fisheries under the HACCP Based Integrated Quality Management Program for Fishery Products are recognized under this Arrangement. A list of processors, complete with names, addresses and registration or licence numbers, has been provided to Canada prior to the signing of the Arrangement and will be updated and provided to Canada, as required, thereafter.

ANNEX III

PROCEDURES FOR RECOGNITION OF THE COMPETENT AUTHORITY

Recognition of the Competent Authorities for the administration of the fish and fishery products inspection and control systems of the CFIA and the DGCF is based on an assessment of the following criteria:

1. Existence of a National Fish and Fishery Products Inspection and Control System

(a) Legislative Framework:

The Competent Authority should have the authority, based on legislation, to establish and enforce regulatory requirements. Legislation should provide the necessary authority to carry out controls at all stages of raw materials, holding, handling, transporting, processing, packaging, and trade in fish and fishery products.

(b) Governmental Structures:

The Competent Authority should identify the main objectives to be addressed by their fish and fishery products inspection and control systems.

Where different authorities in the same country have jurisdiction over different parts of the food chain, conflicting requirements should be avoided to prevent legal and commercial problems and obstacles to trade. This system should include, but not be limited to:

  • the Competent Authority should have in place a management structure that can set priorities, establish policies, decide personnel issues, and monitor that authority's activities.
  • the Competent Authority should have in place an effective code of ethics for its personnel, addressing both bribery and conflict of interest, with effective means of taking action to prevent or correct problems.

(c) Adequate Resources/Tools:

The Competent Authority should have in place the necessary controls, procedures, standard setting mechanisms, enforcement options, facilities, equipment, laboratories, transportation, communications, personnel and training to support the objectives of the fish and fishery products inspection and control program.

(d) Appropriate Implementation of Mandate:

Appropriate policies and procedures for conducting inspections should formally document inspection working methods and techniques. The inspection program should be based on identified objectives and appropriate risk evaluation. In the absence of sufficient scientific information, inspection programs should be based on the Authority's best scientific judgment, taking into account current knowledge and practice. Procedures should be in place to allow inspections to be carried out using priorities based on risk, to address known or suspected non-compliance situations; and to allow inspections to be carried out in a coordinated manner between different regulatory authorities, if more than one exists.

(e) Training for Inspectors and Laboratory Personnel:

Training for inspection personnel should include a standard basic level of training in the procedures and the scientific basis for conducting inspections, including the basic elements of sensory examinations; specialized and/or advanced training for specialists and advisory staff; and a program for continuously maintaining and upgrading the skills of inspection staff. Training for inspection personnel should include instruction, where appropriate, in regulatory requirements, chemical, microbiological and sensory analytical methods, and maintaining the integrity of evidence.

(f) Inspection and Sampling Plans:

The system for conducting inspections should be sufficient to achieve compliance with legislation. Sampling plans should be established to ascertain that the results are reliable in relation to the specific objective. Pre-inspection preparation should determine that the scope and focus of the inspection is defined and that the inspector is familiar with the compliance history of the firm. Audit/verification techniques should include record review, use and conduct of interviews, inspection notes, and a report of observations to the firm at the close of the inspection. Inspection activities should include sample analysis using validated analytical methods and the production of a fully documented inspection report.

(g) Certification Systems:

When required, certification of the conformity of a product or batch of products may be based on:

  • regular checks by the competent authority;
  • analytical results;
  • evaluation of quality assurance procedures;
  • any inspections specifically required for the issuance of a certificate.

The Competent Authority should take all necessary steps to enhance the integrity, impartiality and independence of certification systems. Personnel empowered to issue certificates must be appropriately trained and fully aware of the significance of the statement contained in each certificate that they complete.

(h) Enforcement History:

The Competent Authority should have a documented, consistent history of taking necessary enforcement actions.

2. Identification of Fish Processing Establishments

The Competent Authority should identify, maintain and update on a regular basis an inventory of fish processing establishments.

The Competent Authority should have a system to require that seafood processors who are included under the Arrangement have adopted a system of controls that prevents the occurrence of food safety hazards or other regulatory infractions in fish and fishery products exported to the other Party. This system of preventive controls should be based on the internationally recognized principles of HACCP.

3. Ability to Perform Audits on the Inspection and Control System

Each Competent Authority should periodically conduct self-assessment or third-party audits at various levels of the fish and fishery products inspection and control system, using internationally recognized assessment and verification procedures.

Each Competent Authority should have in place a system for assessing the reliability of laboratories used for sample analysis. Laboratories should demonstrate that they have consistently acceptable performance through programs that include adequate quality assurance controls, the use of validated analytical methods, and other measures necessary to document the reliability of test results.

4. Verification of Competency

Each Party should verify the adequacy of the other Party's fish and fishery products inspection and control system to meet import requirements. This may include conducting a side-by-side comparison of items identified in section 1 of this Annex, reviewing the compliance history of products imported from the other Party, and conducting an audit of the fish and fishery products inspection and control system using the procedures identified in Annex V.

ANNEX IV

FREQUENCY OF IMPORT INSPECTION

Canadian Food Inspection Agency Indonesian Directorate General of Capture Fisheries
Type of Product Maximum Rate of Inspection Maximum Rate of Inspection
Fish and Fishery Products under the scope of this Arrangement

5%1

5%

1 Any product that fails to meet Canadian requirements upon entry into Canada will be placed on the Import Alert List and will be required to pass four inspections before reverting back to frequencies agreed to in this Arrangement.

ANNEX V

AUDIT GUIDELINES

1. Introduction

1.1 Assessment and verification should concentrate primarily on effectiveness of the inspection and certification system in operation in the exporting country rather than on specific commodities or establishments.

1.2 Assessment and verification may be conducted by officials of the importing country. The subject of assessment and verification may be an exporting country's inspection and certification infrastructure, or a specific inspection and certification regime applied to a single producer or group of producers.

2. Preparation

2.1 Those responsible for conducting the audit should prepare a plan that covers the following points:

  • the subject, depth and scope of the audit and the standards or requirements against which the subject will be assessed;
  • the date and place of the audit, along with a timetable up to and including the issue of the final report;
  • the identity of the auditors including, if a team approach is used, the leader;
  • the language(s) in which the audit will be conducted and the report issued;
  • a schedule of meetings with officials and visits to establishments, as appropriate;
  • confidentiality requirements.

2.2 This plan should be reviewed in advance with representatives of the country and, if necessary, the organization(s) being audited.

2.3 Where different authorities of an importing country have jurisdiction over different aspects of food control in the importing country, such authorities should coordinate their conduct of an audit in order to avoid any duplication of visits in the assessment of the exporting country's inspection and certification infrastructure.

3. Opening Meeting

An opening meeting should be held with representatives of the exporting country, including officials responsible for the inspection and certification programs. At this meeting the auditor will be responsible for reviewing the audit plan and confirming that adequate resources, documentation, and any other necessary facilities are available for conducting the audit.

4. Examination

This may comprise both the examination of documentary material and an on-site verification.

4.1 Document Review

The document review may consist of a preliminary review of the national food inspection and certification system, with emphasis on the implementation of elements of the system of inspection and certification for the commodity(ies) of interest. Based upon this preliminary review, the auditor may examine inspection and certification files relevant to these commodities.

4.2 On-site Verification

4.2.1 The decision to proceed to this step should not be automatic but should be based upon a variety of factors such as risk assessment of the food commodity(ies), history of conformity with requirements by the industry sector or exporting country, volume of product produced and imported or exported, changes within a country's infrastructure, changes to the food inspection and certification systems, and training (theoretical and practical) of inspectors.

4.3 Follow-up Audit

Where a follow-up audit is being conducted in order to verify the correction of deficiencies, it may be sufficient to examine only those points which have been found to require correction.

5. Working Documents

5.1 Forms for reporting assessment findings and conclusions should be standardized as much as possible in order to make the approach to audit, reporting and assessment more uniform and efficient. The working documents also include any checklists of elements to evaluate. Such checklists may cover:

  • legislation and policy;
  • establishment structure and working procedures;
  • the adequacy of inspection and sampling coverage and inspection standards;
  • sampling plans and results;
  • certification criteria;
  • compliance action and procedures;
  • reporting and complaint procedures; and
  • training of inspectors.

6. Closing Meeting

A closing meeting should be held with representatives of the exporting country, including officials responsible for the inspection and certification programs. At this meeting, the auditor will be responsible for presenting the findings of the audit as well as, where appropriate, an analysis of conformity. The information should be presented in a clear, concise manner so that the conclusions of the audit are clearly understood. If possible, an action plan for correction of any deficiencies should be agreed upon.

7. Report

The draft report of the audit should be forwarded to the appropriate authorities in both countries as soon as possible. It should include a report of the audit findings with supporting evidence for each conclusion, along with any details of significance discussed during the closing meeting. The final report should incorporate the comments by the appropriate authorities of the exporting country.

8. Frequency of Auditing

The potential importing country shall decide the frequency of auditing in agreement with the exporting country. Factors to be taken into account include the findings of previous audits and the existence and effectiveness of self-audit systems or third party audit of the exporting country's control systems.

9. Conformity with Codex Alimentarius

It is the agreement of the Parties that this Annex V be amended, as necessary, so that it always conforms to the "Guidelines On Procedures for Conducting an Assessment and Verification by an Importing Country of Inspection and Certification Systems of an Exporting Country" as approved by the Codex Committee on Food Import and Export Inspection and Certification Systems and adopted by the Codex Alimentarius Commission.

ANNEX VI

JOINT MANAGEMENT COMMITTEE

TERMS OF REFERENCE

1. The objective of the Joint Management Committee (JMC) is to oversee the implementation and the maintenance of this Arrangement. The JMC will resolve concerns in good faith and, subject to any relevant access to information and privacy legislation, exchange all relevant information in order to reach a mutually acceptable resolution with the least disruption to trade.

2. Membership will consist of two people from each Party. One of the two people will serve as the lead person and will act as the contact for that Party. Additional members from either Party may be invited to attended meetings or participate in conference calls of the The JMC.

3. The The JMC will meet or hold conference calls as required, a minimum of once every two years, to facilitate the administration of this Arrangement. Meetings should alternate between Canada and Indonesia. The lead person from the host country will chair the The JMC meetings. The host country will make all arrangements associated with the meeting and assume the associated costs. Each Party will assume the costs of travel expenses for their members.

4. The The JMC may establish technical and ad hoc working groups for the purpose of implementing and maintaining this Arrangement. Such working groups may include technical training initiatives with the objective of providing for effective implementation of this Arrangement.


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