EQUIVALENCY ARRANGEMENT ON CONTROL MEASURES FOR THE SAFETY AND QUALITY OF FISH AND FISHERY PRODUCTS BETWEEN THE GOVERNMENT OF NEW ZEALAND'S MINISTRY OF AGRICULTURE AND MINISTRY OF HEALTH AND THE GOVERNMENT OF CANADA'S DEPARTMENT OF FISHERIES AND OCEANS

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1. Purpose and Scope

1.1 The objective of this Arrangement is to facilitate bilateral trade in fish and fish products in a manner that protects public health, and protects consumers from unwholesome fish and fishery products and from false or misleading or deceptive labelling practices.

1.2 This Arrangement applies to the trade between Canada and New Zealand in fish and fishery products.

1.3 This Arrangement does not apply to any labelling requirements other than those directly related to truth in labelling.

2. Definitions

Equivalence is the recognition that the exporting country's regulatory and technical measures achieve the level of health protection desired by the importing country. These measures may be acceptable even if they are not identical to those used by the importing country.

Fish includes all species of fresh or saltwater fish, including finfish, molluscan shellfish, crustaceans and echinoderms.

Fishery products means any product intended for human consumption derived in whole or in part from fish, including fish that has been processed in any manner, that when reduced to a dehydrated state, contains by weight 5 percent or more of fish.

Liaison Officers means those officers identified in Annex C to this Arrangement.

Parties means Canada's Department of Fisheries and Oceans (DFO) on the one hand, and New Zealand's Ministries of Agriculture (MAF) and Health (MH) on the other.

Wholesomeness means freedom from decomposition and other criteria identified in the standards developed by the Codex Committee on Fish and Fishery Products as approved by the Codex Alimentarius Commission.

3. General Principles

The Parties will act in accordance with the Agreements and Understandings incorporated as Annexes to the Marrakesh Agreement Establishing the World Trade Organisation, and particularly the Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS" Agreement).

4. Urgent Matters

Where a Party identifies a matter of serious and immediate concern related to public health or consumer protection it will notify the Liaison Officers of the other Party, and will provide written confirmation within 24 hours thereafter.

5. Provisional Measures

5.1 Either Party may take provisional sanitary measures, necessary for the protection of public health, in accordance with Article 5.7 of the SPS Agreement provided that:

(a) such measures will be notified without delay to the other Party; and

(b) on either Party's request, consultations regarding the situation will be held within 14 days of notification.

5.2 A Party taking provisional sanitary measures will take due account of any information provided through such consultations in making an objective assessment of risk, and will review such measures within a reasonable period of time.

6. Serious Concern Regarding Risk to Public Health

Notwithstanding section 5 above where a Party has serious concerns regarding a risk to public health, consultations regarding the situation will, on either Party's request, take place as soon as possible and in any case, within 14 days. Each Party will endeavour in such situations to provide all necessary information to avoid disruption in trade, and to reach a mutually acceptable solution.

7. Certification of Exports

7.1 An export certificate issued for each consignment of fish or fishery products exported from the territory of one Party to the territory of the other Party will accompany each shipment.

7.2 Each Party will accept fish or fishery products accompanied by an export certificate approved by the relevant designated official of the exporting Party.

7.3 A Party will not subject shipments of fish or fishery products accompanied by approved certificates to inspection or analyses on arrival unless:

(a) required for monitoring or statistical purposes;

(b) there is evidence of deterioration in transit; or

(c) there is doubt about the authenticity of documentation.

7.4 Each Party's export certificate is set out in Annex D. Each Party will immediately notify the other Party of any modification to its certificate and the Parties will ensure that Annex D is modified accordingly.

7.5 New Zealand's MAF will provide to Canada's DFO an annual summary showing results of compliance audits conducted by the MAF Compliance Group for fish and fishery products. New Zealand will update this summary as needed.

7.6 Canada's DFO will provide to New Zealand's MH, annually, a report containing a summary of compliance.

8. Equivalence

8.1 Each Party will recognise as equivalent the other Party's inspection and control systems governing the processing, packaging, handling or export of fish or fishery products, in accordance with Annex A.

9. Transparency

The Parties will provide information on their inspection and control systems governing the processing, packaging, handling or export of fish and fishery products in accordance with Annex B.

10. Audits

10.1 Each Party will provide the other Party with reasonable efforts to facilitate access to any sites which are involved in the export of fish or fishery products for the purpose of auditing the continued equivalence of the inspection and control systems, verifying that applicable elements of this Arrangement are being met, and carrying out checks on the continued compliance with an exporting Party's regulatory system by processors, producers, and exporters of fish and fishery products to the importing country.

10.2 The cost of on-site visits will be the responsibility of the visiting Party.

11. Cooperation procedures

11.1 The Parties recognise that their respective systems rely on professional judgement based on objective criteria. Any differences in judgements by officials will be addressed through discussions at the appropriate level.

11.2 Where issues are unresolved, discussions will take place between the relevant Liaison Officers or their designees.

12. Administration

12.1 The Parties will meet at least once every two years to facilitate the administration of this Arrangement. Wherever possible the Parties will plan these meetings to be held concurrent with other international meetings where both Parties will be in attendance, concurrent with audit inspections, or by conference calls.

12.2 The Parties will evaluate the operation of this Arrangement at least once every five years.

12.3 The Parties and their designated officials will establish direct contacts and correspondence related to issues arising from the administration and implementation of this Arrangement.

12.4 Name and Address of Participating Parties:

Department of Fisheries and Oceans
Inspection Directorate
200 Kent Street
Ottawa, Ontario, Canada
K1A OE6

Ministry of Agriculture
ASB Bank House, 101-103 The Terrace
PO Box 2526
Wellington, New Zealand

Ministry of Health
Food Administration
PO Box 5013
133 Molesworth Street
Wellington, New Zealand

Phone 04 496 2000,
Fax 04 496 2340

12.5 A Party may by notice designate a successor government department or agency to assume all responsibilities of the Party or to share part of them as set out in the notice.

12.6 A Party may by notice designate successor Liaison Officers to those set out in Annex C.

13. Final Provisions

13.1 This arrangement will take effect on signature by the Parties, comprising Canada's Department of Fisheries and Oceans on the one hand, and New Zealand's Ministries of Agriculture and Health on the other.

13.2 The Annexes are an integral part of this Arrangement.

13.3 This arrangement may be modified by mutual written consent of both Parties. It will cease to have effect following 60 days written notice by one Party to the other Party.

13.4 Subject to paragraph 13.3 this Arrangement will continue indefinitely.

FOR THE MINISTRY OF AGRICULTURE OF NEW ZEALAND

signed by J. O'Hara
_________________________

Title : Acting Director General
_________________________

Date: 29 April, 1996

Location: Rotorua, New Zealand

FOR THE MINISTRY OF HEALTH OF NEW ZEALAND

signed by J. Wilson
_________________________

Title : Sr Advisor, Food Administration
_________________________

Date: 29 April, 1996

Location: Rotorua, New Zealand

FOR THE CANADIAN DEPARTMENT OF FISHERIES AND OCEANS

signed by B.J. Emberley
____________________________

Title : A/Assistant Deputy Minister
_________________________

Date: 29 April, 1996

Location: Rotorua, New Zealand

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ANNEX A Equivalency

Equivalence Assessment

A. Acceptance of inspection and control systems will require an assessment of:

1. The documented structure of the competent authorities, the command chain, their powers, their modus operandi (infrastructure/training), and resources available to them.

2. The legislation and powers, standards, and procedures, as well as, the programs in place to allow control and to ensure domestic and importing Party requirements are met.

3. The performance of the competent authorities in relation to their control program and assurances.

B. Performance verification may take the form of:

1. Reviewing the competent authorities' compliance/audit programs.

2. Verifying the efficacy of the total program in meeting the requirements of the importing Party.

3. Checks of products on importation at an appropriate frequency.

4. On-site checks may take place on request of the importing Party at any level of the food production and distribution chain and where necessary in order to check official control programs in particular following requests for equivalence.

Equivalence

It is understood that:

1. The authority, resources, and infrastructure to carry out programs of control are demonstrated as equivalent.

2. The exporting Party will demonstrate equivalence to the importing Party when the exporting Party considers that its food safety measures achieve the importing Party's appropriate level of food safety protection.

3. Requests for equivalence may be considered in relation to inspection and control systems, parts of systems, or in relation to specific inspection requirements.

4. Reasonable access will be given to the importing Party to make on-site visits to conduct program evaluation and inspections of firms that ship product to the other Party. The costs of on-site visits will be the responsibility of the visiting Party.

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ANNEX B: Transparency - Exchange of Information

It is understood that:

1. Cooperation and exchange of information in scientific areas will be pursued.

2. A system for the uniform and systematic exchange of information will be put in place so as to provide assurance and engender confidence in each other and to demonstrate the efficacy of the programs controlled.

3. In particular the Liaison Officers will provide each other copies of:

• proposed changes in requirements developed by each side where they affect exports to the territory of the other Party, before they become effective;

• changes in requirements including:
  • legislation
  • rules
  • enforcement policy documents
  • guidelines
  • methods and procedures for sampling and analysis
  • inspection procedures;
• documents regarding any fish or fishery products from the other Party found to be in non-compliance with requirements upon importation including information on:
  • reason for detention
  • product lot and certificate number (if applicable)
  • sampling procedures
  • methods of analysis and confirmation
  • port of entry;
• notice of surveillance programs or assignments requiring sampling at importation of a fish or fishery product from a Party (i.e., for data base development);
• documents regarding any fish or fishery product found to be in non-compliance by the exporting Party after exportation to the other (i.e. recalls):
  • products
  • reason for recall
  • product lot and certificate number (if applicable)
  • consignee(s)
  • dates
  • amount shipped.

4. To the greatest extent practicable, on the request of one Party the other Party will provide advance notice of its evaluation or review of a non-Party's inspection and control systems and will provide information or reports concerning any such evaluation or review.

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ANNEX C: Liaison Officers

A. New Zealand Ministry of Agriculture:

The Ministry of Health, the body responsible for the safety of domestic and imported food products, defers to the Ministry of Agriculture as liaison officers with DFO Canada on matters related to Canadian fish and fishery products imported to New Zealand.

Chief Meat Veterinary Officer
Ministry of Agriculture
ASB Bank House, 101-103 The Terrace
PO Box 2526
Wellington, New Zealand

Phone: 011-64-4-4744125
Fax: 011-64-4-4744240

Counsellor (Veterinary Services)
New Zealand Embassy
37 Observatory Circle N.W.
Washington, DC 20008
United States of America

Phone: 202-328 4861
Fax: 202-332 4309

B. Canada's Department of Fisheries and Oceans

The Department of Fisheries and Oceans (Inspection Directorate) is the body responsible for the registration of fish-processing establishments and the inspection and certification of fish and fishery products for export. The designated Liaison Officer is as follows:

Director General
Inspection Directorate
Department of Fisheries and Oceans
200 Kent Street
Ottawa, Ontario
Canada, KIA OE6

Phone: 613-990-0144
Fax: 613-993-4220

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ANNEX D: Certificates