Canada-EU Comprehensive Economic Trade Agreement - Sanitary and Phytosanitary Measures Joint Management Committee - November 16-20, 2020, Ottawa, Canada

Agenda / Final Minutes

Day 1: November 16, 2020 (Opening, Procedural & Information Sharing)

1. Welcome and introduction

1.1 Opening Remarks

Canada and the EU provided opening remarks and acknowledged the good cooperation and work between both parties to advance SPS issues of interest to both countries despite the current pandemic.

1.2 Introductions

Meeting was attended by representatives from the Canadian Food Inspection Agency (CFIA), Global Affairs Canada (GAC), the EU Commission (DG SANTE, DG TRADE, DG AGRI) and EU Member States (FR, DE, PL, IT, LT, ES, NL, BE, SI).

1.3 Adoption of the Agenda

Agenda was adopted with no changes.

2. Operation and implementation of the SPS chapter

2.1 Rules of Procedure

Both parties agreed to finalize the draft minutes^{Footnote 1} at the end of the meeting.

2.2 Review and confirmation of action items

Canada and the EU agreed on the current format for capturing and tracking the progress of issues, and agreed that once finalized, completed items should be archived for recordkeeping.

3. Information Sharing

3.1 Update on disease outbreaks (ASF)

• The EU thanked Canada for its swift action on approving zoning during the last ASF outbreak in Germany, as it limited trade disruption.
• The EU presented in detail the current status of ASF in the EU.
• Canada enquired regarding a common/harmonized nomenclature for zoning.
• The EU stated there will be changes to zoning nomenclature in the future due to the Animal Health Law.
• Canada confirmed their continued acceptance of regionalization measures applied in the EU for ASF.
• Canada and the EU will continue to collaborate and exchange information with respect to ASF.
• Action item / next steps: No specific action items were identified.

3. 2 Presentation on E-Certification

• Canada presented information specific to its domestic efforts on electronic certification (E-certification).
• The EU enquired about the use of digital signature and connectivity with TRACES. As Canadian e-certification is currently focussed on export, the EU enquired about the potential future for developing import processes.
• Canada stated that there is availability to produce e-signatures on the platform, and Canada is looking at different tools to ensure minimizing trade disruptions.
• Canada will continue to look at import processes, and stated that Canada would be open to collaborating with the EU in the area of connectivity/compatibility of systems that would exchange such information.
• Action item / next steps: Both sides agreed to convene at a later date to continue discussion on this topic and collaborate.

3.3 Establishment - Based Risk Assessment Model

• Canada presented on Canada’s Establishment-Based Risk Assessment Model.
• The EU stated this was an interesting topic deserving of a more in depth discussion in the future.
• Action item / next steps: Both sides agreed to convene at the technical level at a later date to continue discussion on this topic and explore opportunities for collaboration.

3.4 EU Farm to Fork Strategy (EU Green Deal, Reduction of use of chemicals)

• The EU provided a brief update on the Veterinary Medicinal Products Regulation as well as the delegating and implementation Acts. The EU stated it was organizing an information session for third countries which will take place the second week of December, and stated it would be a good forum to present any questions third countries might have regarding this new regulation. The EU stated it would be responding shortly to questions previously posed by third countries in Brussels.
• The EU delivered a brief overview of the different elements of the Green Deal and Farm to Fork Strategy. The EU stated it would work more closely with Canada on some of the elements through a partnership.
• The EU stated that environmental sustainability is a priority to address serious environmental impacts. The EU reaffirmed that MRL settings related to pesticides will be done transparently and in line with WTO obligations and consultations with partners.
• Canada stated that comment period and implementing timelines for new rules with respect to the Veterinary Medicinal Products Regulation and asked if there would be consideration to providing an extension or transition timeline.
• The EU stated there was no intention to have postponement for entry into force of the Veterinary Medicinal Products Regulation and supporting legislation.
• Action item / next steps:
  • The EU to send invitation (Veterinary Medicinal Product Regulation).
  • The EU to respond shortly to written questions on the Veterinary Medicinal Product Regulation posed by third countries in Brussels.
  • Canada to provide further questions in writing, if needed, to the EU regarding Veterinary Medicinal Product Regulation. The EU committed to respond.

4. Opportunity for enhanced cooperation on SPS Initiatives

4.1 Hazard-based cut-off and the impact on import tolerances

• Canada expressed concern with the EU’s hazard-based decision-making approach to the re-authorization of plant protection products and its impact on the EU’s establishment of import tolerances for the products, noting that the EU’s decision to set import tolerances on a case-by-case basis creates some uncertainty.
• The EU noted that for MRLs, import tolerance requests remain possible, and will be evaluated on a case-by case basis in line with Regulation 396/2005, taking into account all relevant factors.
• Canada observed that Member States increasingly seem to be seeking emergency authorization to use restricted products, potentially creating a disadvantage for countries exporting to the EU if no import tolerances for these products exist.
• The EU explained that the same MRLs apply to all food placed on the market in the EU, regardless of its origin, i.e. whether produced domestically or imported from non-EU countries.
• Canada stated it was pleased to hear at the CETA Ag committee that the EU had mentioned willingness to provide Canada with a better understanding of next steps.
• Canada noted that it was still awaiting detailed information from previously raised questions.
• The EU thanked Canada for its comments, and noted that many of these policies are still in development. The EU confirmed to inform trading partners in line with its transparency commitments.
• Action item / next steps : Canada to provide further questions to the EU on this item.

Summary of Action Item(s) Day 1

3.1 Update on disease outbreaks (ASF)

• No specific action items were discussed.
• The EU agreed to take further questions at a later time during the meeting if required.
  • Committed timeframes: To be determined

3.2 E-Certification

• Both sides agreed to convene at a later date to continue discussion on this topic and collaborate.
  • Committed timeframes: To be determined

3.3 Establishment - Based Risk Assessment Model

• Both sides agreed to convene at a later date to continue discussion on this topic and collaborate.
  • Committed timeframes: To be determined

3.4 Veterinary Medicinal Products Regulation

• The EU to send invitation (Veterinary Medicinal Product Regulation).
  • Committed timeframes: Late November
  • The EU to respond shortly to written questions on the Veterinary Medicinal Product Regulation posed by third countries in Brussels.
    • Committed timeframes: To be determined
    • Canada to provide further questions in writing, if needed, to the EU regarding Veterinary Medicinal Product Regulation. The EU committed to respond
      • As soon as possible

4.1 Hazard-based cut-off and the impact on import tolerances

• Canada to provide further questions to the EU.
  • Committed timeframes: To be determined

Day 2 : November 17, 2020 (Plant & Food Safety Issue)

5. Specific Issue Management – Plant

5.1 Exports of fresh tomato with vines, stems, and calyces

• The EU enquired on next steps for exports of tomatoes with vines, stems and calyces, noting that 5 Member States are now interested in an enhanced systems approach for tomatoes with green parts for exports to US/Canada.
• The EU asked if Canada would be prepared to look at such a proposal for an enhanced systems approach.
• Canada stated it was open to doing a joint review following consultations with the US.
• Action item / next steps:
  • The EU to provide proposal for systems approach from 5 Member States by early 2021.
  • Canada to consult with US on doing a joint review of the proposal in support of the North American perimeter approach.
  • Canada to set up trilateral meeting with the EU and the US during first quarter of 2021 to discuss next steps.

5.2 Exportations of grapevine plants

• The EU enquired on the status of France’s submission and next steps; the EU expressed Spain’s interest in exporting grapevine plants to Canada.
• Canada indicated review has begun on France’s submission (October 2020) and will be completed by the end of 2020 (pending the need for additional information).
• Canada confirmed that it is willing to review Spain’s application once submitted and outlined Canada’s triage process for import requests for new commodities from new origins.
• Canada noted the importance of working with Canadian’s industry and importers when looking into submitting applications for plant exports.
• Canada confirmed that complete review of its grapevine and fruit tree import programs will take several years but will not delay the review of France’s proposal to add additional exporters to the approved list.
• Action item / next steps:
  • Canada to finalize review of France's submission by end of 2020 (pending the need for additional information) and to continue work to add additional nurseries to the approved list.
  • Canada to share web information on prioritization for imports.

5.3 Phosphine treatment options authorized by Canada (EU)

• The EU thanked Canada for information received, and noted it had been shared via the Market Access Database.
• The EU enquired on additional information for exporting plants to British Colombia (BC), including alternatives to methyl bromide and the timelines for approval.
• Canada stated it would be helpful to know what commodities Member States are interested in exporting. Based on this information, pests and origin, it would be easier for Canada to consider whether phosphine can be used as a treatment on its own or as part of a system.
• Canada noted that phosphine is registered for use in Canada but that additional information is required to evaluate effectiveness on the commodity / pest combinations to be proposed by the EU.
• Canada stated that exports to BC, including domestic movements can be challenging due to Grapholita molesta (oriental fruit moth).
• Action item / next steps:
  • The EU to provide further information on which Member States are interested in using phosphine, and for which commodities they would like to use it.
  • The EU to share any scientific evidence on the effectiveness of the treatment to mitigate pests of concern (such as oriental fruit moth and Malus plants for planting) for the products it intends to ship with phosphine quarantine treatment.
  • Canada committed to follow up with BC before end of 2020 to determine if the province had any concerns with the use of phosphine on plants for planting.
  • Canada committed to sharing with the EU progress made on research into an alternative to methyl bromide for oriental fruit moth on fruit tree imports to BC.

5.4 EU export applications of berries

• The EU requested an update on Spain’s application to export strawberries and blueberries to Canada.
• The EU requested information on exporting cherries from Spain and the need for a brown sugar test.
• Canada provided an update, confirming that work is nearing completion for strawberries and beginning for blueberries. Canada noted it would follow up with Spain should additional information be needed.
• Canada noted that a brown sugar test is required for cherries moving from areas infested with R. cerasi (European cherry fruit fly) to other parts of Canada; Canada would be open to reviewing Spain’s system approach if they wish to incorporate the test in it.
• Canada added that there is a prohibition of movement of cherries into BC from areas infested with Rhagoletis cerasi, and this would also apply to Spain.
• Action item / next steps:
  • Canada committed to finalize application of strawberries from Spain and will begin reviewing application for blueberries next.
  • The EU committed to follow up with Spain to confirm that brown sugar test could be used for cherries and added to their systems approach.

Specific Issue Management - Food Safety

General remarks

• Canada proposed to include specific guidance for Member States within the Export Library.
• Canada mentioned that this would help industry know the requirements and provide guidance, allowing for higher compliance.
• Both parties agreed that more progress should be made especially with certificates.
• The EU agreed it would be beneficial to have an export library.
• Canada and the EU agreed to work on providing content for the export library.
• Action item / next steps: Both sides to identify contact person by end of 2020 to work at the technical level on concept of export library.

5.5 EU export problems with groupage of small consignments

• The EU cited challenges with export of small consignments which are certified at origin, but at the port of departure are grouped with consignments from other Member States into a single container. Shipments are rejected when the paper work is submitted due to the absence of the Official Competent Authority seal number and the container number on the export certificate.
• Canada provided some background information, explaining the system by which the Canadian government approves entry of imports i.e. single window (integrated import declaration system).
• The EU will explore how TRACES can be used as a possible solution for ensuring verification or to add any additional documentation that is required.
• Canada made itself available to help the EU resolve this issue.
• Canada proposed to have a technical expert meeting to review and find a solution together.
• The EU agreed and offered to set up a meeting with Canada very soon.
• Canada inquired about the number of cases the EU was faced with and if the EU had any information or data to share with Canada.
• Action item / next steps: EU to propose date for call between technical experts to discuss potential solutions by the end of 2020.

5.6 Canadian border rejections due to the absence of nitrates in cured “chorizo”

• The EU requested Canada to consider possible ways forward and inquired if there is an alternative solution to nitrites/nitrates that could be supported within current regulations.
• Canada responded by reaffirming that this is not a new issue and that nitrates are a firm requirement both for domestic and imported cured meat products to control pathogens.
• Canada agreed to share currently accepted alternatives for the use of nitrates and welcomed the EU to share alternative solutions that could be reviewed and evaluated.
• Canada asked information from the EU on their requirements for cured products.
• Action item / next steps:
  • The EU will submit nitrate alternatives to Canada.
  • Canada will review and provide potential nitrate alternatives being used domestically.
  • The EU will share regulations used in the EU for cured products.

5.7 Timelines for listing of approved Canadian establishments

• Canada stated that there has been great progress on this item; however there are still some issues with prolonged and varying listing timelines.
• The EU reviewed pending applications and noted that there are currently only two outstanding applications. Contacts have been identified, should future delays arise.
• Canada requested training for TRACES for early 2021.
• Action item / next steps:
  • The EU to review the outstanding cases and confirm status with Canada.
  • The EU agreed to provide training date by end of 2020 on the TRACES system.

5.8 Canada’s increased residues controls on imports of meat

• The EU sought clarity on the legislation and procedures covering chemical residue non-compliances in exported meat products.
• Canada advised that when meat products are in violation of chemical residue levels, the next 15 shipments are sampled to determine if it is a unique situation or a systemic problem.
• The EU asked Canada to share regulations and procedures for non-compliances.
• Canada asked to receive EU legislation and procedures covering non-compliances.
• Action item / next steps:
  • Canada to provide import policies and applicable regulations for non-compliances in meat products.
  • The EU to provide import directives and applicable regulations for non-compliances in animal origin and non-animal origin products.

5.9 Export of Hungarian rabbit meat to Canada

• Canada noted it is working on the certificate, but reiterated the importance of working on harmonized certificates through DG SANTE.
• Canada committed to responding to Hungary in the coming weeks.
• Action item / next steps:
  • Canada to respond to Hungary by mid December 2020.

5.10 (A) Incoming and outgoing Audits (Updates)

• Canada informed the next meat audits will be the Netherlands and Denmark, while Spain will be audited for fish and seafood, all as part of routine maintenance audits of inspection systems. These will be held in February/March of 2021.
• The EU expressed the challenges faced when doing a virtual audit, highlighting increased time for preparatory work, delivery and documentary review. Canada agreed with the limitations of doing audits virtually due to COVID situation.
• The EU provided an update on the ongoing virtual audit on its audit of the Canada in dairy system and encouraged Canada to share any difficulties that it may have experienced with virtual audits.
• The EU noted that it’s fishery audit of Canada completed in 2015 still needs to be closed.
• Action item / next steps:
  • Canada and the EU committed to have a discussion by early 2021 regarding the 2015 fish audit to ensure closure.
  • Canada committed to sharing audit plans for 3 upcoming audits in early 2021.
  • Both the EU and Canada agreed to continue discussion with like-minded countries and agreed to establish a framework on best practices for virtual audits.

5.10 (B) Recognition of EU Member States’ meat inspection systems (CAN Audit)

• Canada confirmed that the final audit report will be published by the end of 2020.
• Canada will continue to work with DG SANTE and relevant Member States on closing the last remaining items related to the Canadian audit.
• Canada invited the EU to provide a prioritized list of Member States not approved but interested in exporting and identify the specific species for consideration.
• Canada explained that the Safe Food for Canadians Regulations required countries exporting to Canada need to be audited every 5 years and if a country has not exported to Canada in 5 years, they then become inactive. This is an important point to consider when planning audits due to resources and Canada reaffirmed the necessity to choose Member States who will export actively.
• Action item / next steps:
  • Canada will publish the final audit report by the end of 2020.
  • The EU to provide Canada with a prioritized list of Member States that are not currently approved but are interested in exporting and identify the specific species for consideration.
  • Canada to consider prioritized list to inform its work planning for 2021-2022 and beyond.

5.10 (C) EU audit in Canada on bovine and pig meat intended for export to the European Union (EU Audit, 2019)

• The EU discussed the outstanding follow-up actions to be undertaken by Canada in relation to the recommendations and conclusions from the audit.
• Canada acknowledged the collaboration that has been done on both sides.
• Canada stressed its commitments to address the shortcomings identified in the audit report and confirmed that it had submitted an action plan and is waiting for feedback from the EU.
• The EU stressed that it was important to conclude this audit by addressing all recommendations in a timely manner.
• Action item / next steps:
  • The EU is reviewing Canada’s action plan and will provide its assessment in the next two weeks.
  • Canada committed to address all outstanding issues with the EU.

5.11 Canada’s swine disease review in the EU

• The EU enquired on status and feedback from joint exercise held by Canada and the US.
• The EU had received the joint report and was in the process of providing comments.
• Canada had not seen any issues of concern during the review.
• Canada informed the report should be published soon by the US and Canada, and will send a closing letter once completed.
• Action item / next steps:
  • No further action.
  • Canada and the EU agreed item can be closed once the formal letter from Canada is sent.

5.12 Recognition of zoning for animal diseases (Canada’s regionalisation recognition on African Swine Fever, Import Permits)

• Experts from Canada and the EU discussed ongoing concerns, such as zone nomenclature, and the process for zone acceptance for ASF in Europe.
• Canada requested that the EU consider business continuity when setting nomenclature and zones due to ASF outbreak in Europe.
• Canada highlighted the outcome of the technical meeting held in early October, where it was agreed that current certificates could be used should Canada have an ASF outbreak once free regions of Canada are recognised in the EU import legislation. The Commission highlighted the need for exchange of information in case of ASF outbreak.
• Canada requested clarification from the EU that current language for certification of pork meat and pork products, live semen, embryos for ASF can be used should Canada have a case of ASF.
• The EU informed Canada that the revision of the legislation in the framework of Animal Health Law will provide further simplification. Work on a glossary to clarify the different zone/regionalisation terms could be considered.
• Action item / next steps:
  • The EU stated it would review outcomes discussed during the technical meeting and provide a written confirmation that current language for certification of pork meat and pork products, live semen, and embryos for ASF can be used should Canada have a case of ASF once regionalisation of Canada is reflected in the EU import legislation.
  • The EU to follow up on outcomes on glossary and nomenclature.

5.13 EU exports of Processed Animal Proteins for Animal Feed

• The EU requested an update on the request from additional interested Member States (e.g. Finland and Ireland) to export fish meal and processed animal protein to Canada.
• Canada confirmed it responded to both countries and that an onsite evaluation would be required.
• Canada noted the difficulty to commit to onsite visits due to the current pandemic.
• Canada noted that further internal discussions would be needed in order to confirm when an onsite inspection can take place.
• The EU noted the challenges presented when trying to do virtual audits.
• Action item / next steps:
  • Canada to reply to the EU on possibility of including additional interested Member States (e.g. Finland and Ireland) in its 2021 onsite audit program (Early 2021).

5.14 Recognition of goat semen diluent as equivalent to OIE standards

• The EU enquired on the status of France’s application.
• Canada stated it had responded to France, indicating that the assessment provided would not be accepted as an alternative, and provided rationale.
• Canada noted that requesting a review of the proposed antibiotic protocol by the OIE for inclusion in international standards might allow for a more successful response.
• Action item / next steps:
  • Canada and the EU agreed item can be closed.
  • Canada noted it is open to receiving further information from France regarding the decisions made on this matter in their new upcoming Regulations. Canada suggested to EU to bring this proposal to OIE for their approval.

5.15 PCR test on bovine semen for Schmallenberg Virus

• The EU enquired on any new elements related to the PCR test on bovine semen for Schmallenberg Virus.
• At the request of the EU, Canada had consulted with scientific experts and confirmed that no changes have been made.
• Canada explained that a transmission study would be needed before progress can be made on this file.
• The EU requested to keep item open.
• Action item / next steps:
  • Both parties agreed to continue discussion on this item once further or new elements come into play.

Summary of Action Item(s) Day 2

5.1 Exports of fresh tomato with vines, stems, and calyces

• The EU to provide proposal for systems approach from 5 Member States by early 2021.
  • Committed timeframes: Early 2021
• Canada to consult with the US on doing a joint review of the proposal in support of the North American perimeter approach.
  • Committed timeframes: To be determined
• Canada to set up trilateral meeting with the EU and the US during first quarter of 2021 to discuss next steps.
  • Committed timeframes: Q1 2021

5.2 Exportations of grapevine plants

• Canada to finalize review of France's submission by end of calendar end of 2020 (pending the need for additional information) and to continue work to add additional nurseries to the approved list.
  • Committed timeframes: End of 2020
• Canada to share web information on prioritization for imports.
  • Committed timeframes: To be determined

5.3 Phosphine treatment options authorized by Canada

• The EU to provide further information on which Member States are interested in using phosphine, and for which commodities they would like to use it.
  • Committed timeframes: To be determined
• The EU to share any scientific evidence on the effectiveness of the treatment to mitigate pests of concern (such as oriental fruit moth and malus plants for planting) for the products it intends to ship with Phosphine quarantine treatment.
  • Committed timeframes: To be determined
• Canada committed to follow up with BC before end of 2020 to determine if the province had any concerns with the use of phosphine on plants for planting.
  • Committed timeframes: End of 2020
• Canada committed to sharing with the EU progress made on research into an alternative to methyl bromide for oriental fruit moth on fruit tree imports to BC.
  • Committed timeframes: To be determined

5.4 EU export applications of berries

• Canada committed to finalize application of strawberries from Spain and will begin reviewing application for blueberries next.
  • Committed timeframes: To be determined
• The EU committed to follow up with Spain to confirm that brown sugar test could be used on cherries and added to their systems approach.
  • Committed timeframes: To be determined

5.5 EU export problems with groupage of small consignments

• Canada to propose date for call between technical experts to discuss potential solutions by the end of 2020.
  • Committed timeframes: To be determined

5.6 Canadian border rejections due to the absence of nitrates in cured “chorizo”

• The EU will submit nitrate alternatives to Canada.
  • Committed timeframes: To be determined
• Canada will review and provide potential nitrate alternatives being used domestically.
  • Committed timeframes: To be determined
• The EU will share regulations used in the EU for cured products.
  • Committed timeframes: To be determined

5.7 Timelines for listing of approved Canadian establishments

• The EU to review outstanding cases and confirm status with Canada.
  • Committed timeframes: To be determined
• The EU agreed to provide training date by end of 2020 on the TRACES system.
  • Committed timeframes: By the end of 2020

5.8 Canada’s increased residues controls on imports of meat

• Canada to provide import rules and applicable regulations for non-compliances in meat products.
  • Committed timeframes: Mid December 2020
• The EU to provide import rules and applicable regulations for non-compliances in animal and non-animal origin products.
  • Committed timeframes: Mid December 2020

5.9 Export of Hungarian rabbit meat to Canada

• Canada to respond to Hungary by mid December 2020.
  • Committed timeframes: Mid December 2020

5.10 (A) Incoming and outgoing Audits-Information

• Canada and the EU committed to have a discussion by early 2021 regarding the 2015 fish audit to ensure audit closure.
  • Committed timeframes: Early 2021
• Canada committed to sharing audit plans for 3 upcoming audits in early 2021.
  • Committed timeframes: Early 2021
• Both the EU and Canada agreed to continue discussion with like- minded countries and agreed to establish a framework on best practices for virtual audits.
  • Committed timeframes: To be determined

5.10 (B) Recognition of EU Member States’ meat inspection systems (Canada Audit)

• Canada will published the final audit report by the end of 2020.
  • Committed timeframes: End of 2020
• The EU to provide Canada with list of Member States that are not currently approved but are interested for export and prioritize the list of Member States identifying the specific species for consideration.
  • Committed timeframes: To be determined
• Canada to consider prioritized list to inform its work planning for 2021-2022 and beyond.
  • Committed timeframes: To be determined

5.10 (C) EU Audit in Canada on bovine and pig meat intended for export to the EU (EU Audit, 2019)

• The EU is reviewing Canada’s action plan and will provide its assessment the next two weeks.
  • Committed timeframes: End of 2020
• Canada committed to address all outstanding issues with the EU.
  • Committed timeframes: To be determined

5.11 Canada’s swine disease review in the EU

• No further action.
• Canada and the EU agreed item can be closed once the formal letter from Canada is sent.
• Item closed once the formal letter from Canada is sent.

5.12 Recognition of zoning for animal diseases (Canada’s regionalisation recognition on African Swine Fever, Import Permits)

• The EU stated it would review agreement from technical meeting and would communicate with Canada.
  • Committed timeframes: To be determined
• The EU to follow up on outcomes on glossary and nomenclature.
  • Committed timeframes: To be determined

5.13 EU exports of Processed Animal Proteins for Animal Feed

• Canada to reply to the EU on possibility of including additional interested Member States (e.g. Finland and Ireland) in its 2021 onsite audit program.
  • Committed timeframes: Early 2021

5.14 Recognition of goat semen diluent as equivalent to OIE standards

• Canada and the EU agreed item can be closed.
  • Committed timeframes: Item closed.
  • Canada noted it is open to receiving further information from France regarding the decisions made on this matter in their new upcoming Regulations.
  • Canada suggested to EU to bring this proposal to the OIE for their approval.

5.15 PCR test on bovine semen for Schmallenberg Virus

• Both parties agreed to continue discussion on this item once further or new elements come into play.
  • Committed timeframes: To be determined

Day 3 : November 18, 2020 (Food Safety Issues & Animal Health Issues)

5. Specific Issue Management: Food Safety Issues & Animal Health Issues

5.16 Canadian’s official microbiological sampling plan for the monitoring of Listeria monocytogenes in ready to eat products and the Canadian import requirements in this regard

• The EU thanked Canada for information and guidance received on the requirements for Listeria testing, including the information needed on competent authority oversight.
• The EU stated it would review information provided and seek further clarification if needed.
• The EU confirmed a guidance document is being prepared which will be made available to Canada for comments once finalized.
• Both parties were open to having a technical call for clarification on Canada’s position and the EU’s guidance document.
• Action item / next steps:
  • The EU to review the Canadian letter outlining information requested on competent authority oversight and seek clarification if required.
  • The EU to share guidance document with Canada for comments. (Early 2021)
  • Schedule technical call between both parties (if needed).

5.17 Canada’s legislative requirements on “water retention in carcasses and parts of carcasses”

• The EU thanked Canada for the information provided regarding water retention in carcasses, and stated it would share it with Member States.
• Canada noted the content provided included information on guidance and testing.
• The EU and Canada highlighted the importance of having this information accessible to food business operators and competent authorities.
• Action item / next steps:
  • The EU will study the information received from Canada and might come back in case of further questions.
  • Canada and the EU agreed item can be closed and can be discussed in the context of export library.

Export Library

• Canada continued the conversation by connecting the aspect of the export library as a solution to share requirements.
• Canada asked the EU how it envisions the design of the export library.
• Canada made reference to Canada’s own export library and what it contains vs. the EU Market Access Database.
• The EU said that the main principle they wish to highlight is for competent authority and food business operators to have access to requirements that are regularly updated.
• Canada sees the benefit in the EU developing an export library for Canadian requirements and therefore the certificates would not require as much information. Ultimately, the export library can contain policy and regulations.
• The EU reaffirmed that the EU Market Access Data Base has many options and that Canada or the EU could upload information. There is also a public space for product specific information.
• Action item / next steps:
  • Both parties agreed to have a technical call before March 2021.
  • Both sides to identify contact person by end of year to work at the technical level on concept of export library.

5.18 State of play on EU-Canada harmonized certificates & 5.19 Simplified Certificates for Canadian exports of meat and meat products and TRACES certificates for the European Union (prioritization for work program)

• Both parties committed to make progress on both EU harmonized certificates and Canadian simplified certificates and agreed to work on several prioritised certificates at a time.
• Canada requested that the EU look at having simplified certificates for Canadian exports.
• The EU asked Canada’s agreement on the completion of the poultry certificate.
• Canada informed that the poultry certificate is finalized and only requires inclusion in the export library.
• The EU also confirmed that the pork certificate for export could be used by Canada in case of ASF outbreak from free regions upon adoption of regionalisation by EU, confirming that trade would not be disrupted.
• Canada highlighted the importance of being pragmatic in order to simplify certificates to include both public health and animal attestations.
• The EU informed Canada that it would consult internally to review different options in relation to Canadian simplified certificates.
• Canada expressed urgency due to the forthcoming EU Animal Health Law implementation (March 2021).
• Action item / next steps:
  • Both parties agreed to have a call (mid December 2020) to discuss state of play and roadmap for certificates moving forward.

5.20 EU Animal Health Law: Changes to certification of aquatic animals for aquaculture, ornamental display exported from Canada to the EU (changes as per WTO notification 403)

• Canada thanked the EU for responses provided on WTO SPS notification 403, and asked for further clarification on inspections requirements for finfish gametes/germplasm.
• The EU clarified the interpretation of this attestation and confirmed that there is to be an inspection of finfish, gametes and/or germplasm within 72 hours of export and an overall inspection of the establishment to confirm that the animal have not been in contact with animals of a lower health status. An inspection of the broodstock is not required to meet this attestation if those animals are present in the establishment at the time of certification.
• Canada noted this presented a challenge, particularly due to the location of some premises, and stated it would further communicate via correspondence with the EU.
• Action item / next steps:
  • No further action required.
  • Canada and the EU agreed item can be closed.

5.21 EU Animal Health Law: Changes to the certification of live aquatic animals and fish and seafood products exported from Canada to the EU for further processing and human consumption under the revised EU Animal Health Laws (changes as per WTO notification 401)

• Canada requested clarification on the new certification requirements for live aquatic animals and fish and seafood products to the EU, asking if Official veterinarians were required to sign all certificates.
• The EU confirmed that the signature of an Official veterinarian is only required when the animal health attestations on the certificate apply to the particular commodity being exported.
• Regarding 72 hour pre-export inspection for clinical signs of transmissible diseases, the EU advised Canada that this attestation applies for live aquatic animals other than those live aquatic animals referred to in points (d), (e) and (f) of Article 172 of Commission Delegated Regulation (EU) 2020/692 and that all dead aquatic animals and their products do not require a 72 hour pre export inspection.
• Canada noted that herring and sardines would no longer be eligible under the new certificate due to disease zoning, negatively impacting Canadian exports.
• EU mentioned that they will take these impacts into consideration with their colleagues in the EU.
• Action item / next steps:
  • No further action required.
  • Canada and the EU agreed item can be closed.

5.22 Negotiation of harmonized certificates for exports Atlantic herring for bait and for further processing from the EU to Canada

• Canada noted interest in negotiating harmonized certificates for exports of Atlantic herring for bait and further processing from the EU to Canada.
• The EU stated that requirements for bait (for non- human consumption) are not harmonized and are issued by Member States whereas requirements for human consumption were done at the EU level. Therefore further internal discussion with Member States would be needed.
• Canada agreed that a discussion with the EU would be needed following EU consultation with Member States.
• Action item / next steps:
  • The EU to schedule a discussion with technical experts by March 2021.

Summary of Action Item(s) Day 3

5.16 Canadian’s official microbiological sampling plan for the monitoring of Listeria monocytogenes in ready to eat products and the Canadian import requirements in this regard

• The EU agreed to review Canadian letter outlining information requested on competent authority oversight and seek clarification if required.
  • Committed timeframes: To be determined
• The EU to share guidance document with Canada for comments.
  • Committed timeframes: Early 2021.
• Schedule technical call between both parties (if needed).
  • Committed timeframes: To be determined

5.17 Canada’s legislative requirements on “water retention in carcasses and parts of carcasses”

• The EU will study the information received from Canada and might come back in case of further questions.
• Canada and the EU agreed item can be closed and can be discussed in the context of export library.
  • Committed timeframes: Item closed.

Export Library

• Both parties agreed to have a technical call
  • Committed timeframes: Before March 2021
• Both sides to identify contact person by end of year to work at the technical level on concept of export library.
  • Committed timeframes: By the end of 2020

5.18 State of play on EU-Canada harmonized certificates and 5.19 Simplified Certificates for Canadian exports of meat and meat products and TRACES certificates for the European Union (prioritization for work program)

• Both parties agreed to have a call (mid December 2020) to discuss state of play and roadmap for certificates moving forward.
  • Committed timeframes: Mid December 2020

5.20 EU Animal Health Law: Changes to certification of aquatic animals for aquaculture, ornamental display exported from Canada to the EU (changes as per WTO notification 403)

• No further action required.
• Canada and the EU agreed item can be closed.
  • Committed timeframes: Item closed.

5.21 EU Animal Health Law: Changes to the certification of live aquatic animals and fish and seafood products exported from Canada to the EU for further processing and human consumption under the revised EU Animal Health Laws (changes as per WTO notification 401)

• No further action required.
• Canada and the EU agreed item can be closed.
  • Committed timeframes: Item closed.

5.22 Negotiation of harmonized certificates for exports Atlantic herring for bait and for further processing from the EU to Canada

• The EU to schedule a discussion with technical experts by March 2021 (TBC by the EU)
  • Committed timeframes: March 2021

Summary of Action Item(s) Day 4

3.1 Update on disease outbreaks (ASF)

• No specific action items were discussed.
• The EU agreed to take further questions at a later time during the meeting if required.
  • Committed timeframes: To be determined

3.2 E-Certification

• Both sides agreed to convene at a later date to continue discussion on this topic and collaborate.
  • Committed timeframes: To be determined

3.3 Establishment - Based Risk Assessment Model

• Both sides agreed to convene at a later date to continue discussion on this topic and collaborate.
  • Committed timeframes: To be determined

3.4 Veterinary Medicinal Products Regulation

• The EU to send invitation (Veterinary Medicinal Product Regulation).
  • Committed timeframes: Late November
• The EU to respond shortly to written questions on the Veterinary Medicinal Product Regulation posed by third countries in Brussels.
  • Committed timeframes: To be determined
• Canada to provide further questions in writing, if needed, to the EU regarding Veterinary Medicinal Product Regulation. The EU committed to respond
  • As soon as possible

4.1 Hazard-based cut-off and the impact on import tolerances

• Canada to provide further questions to the EU.
  • Committed timeframes: To be determined

5.1 Exports of fresh tomato with vines, stems, and calyces

• The EU to provide proposal for systems approach from 5 Member States by early 2021.
  • Committed timeframes: Early 2021
• Canada to consult with the US on doing a joint review of the proposal in support of the North American perimeter approach.
  • Committed timeframes: To be determined
• Canada to set up trilateral meeting with the EU and the US during first quarter of 2021 to discuss next steps.
  • Committed timeframes: Q1 2021

5.2 Exportations of grapevine plants

• Canada to finalize review of France's submission by end of calendar end of 2020 (pending the need for additional information) and to continue work to add additional nurseries to the approved list.
  • Committed timeframes: End of 2020
• Canada to share web information on prioritization for imports.
  • Committed timeframes: To be determined

5.3 Phosphine treatment options authorised by Canada

• The EU to provide further information on which Member States are interested in using phosphine, and for which commodities they would like to use it.
  • Committed timeframes: To be determined
• The EU to share any scientific evidence on the effectiveness of the treatment to mitigate pests of concern (such as oriental fruit moth and malus plants for planting) for the products it intends to ship with Phosphine quarantine treatment.
  • Committed timeframes: To be determined
• Canada committed to follow up with BC before end of 2020 to determine if the province had any concerns with the use of phosphine on plants for planting.
  • Committed timeframes: End of 2020
• Canada committed to sharing with the EU progress made on research into an alternative to methyl bromide for oriental fruit moth on fruit tree imports to BC.
  • Committed timeframes: To be determined

5.4 EU export applications of berries

• Canada committed to finalize application of strawberries from Spain and will begin reviewing application for blueberries next.
  • Committed timeframes: To be determined
• The EU committed to follow up with Spain to confirm that brown sugar test could be used on cherries and added to their systems approach.
  • Committed timeframes: To be determined

5.5 EU export problems with groupage of small consignments

• Canada to propose date for call between technical experts to discuss potential solutions by the end of 2020.
  • Committed timeframes: To be determined

5.6 Canadian border rejections due to the absence of nitrates in cured “chorizo”

• The EU will submit nitrate alternatives to Canada.
  • Committed timeframes: To be determined
• Canada will review and provide potential nitrate alternatives being used domestically.
  • Committed timeframes: To be determined
• The EU will share regulations used in the EU for cured products.
  • Committed timeframes: To be determined

5.7 Timelines for listing of approved Canadian establishments

• The EU to review outstanding cases and confirm status with Canada.
  • Committed timeframes: To be determined
• The EU agreed to provide training date by end of 2020 on the TRACES system.
  • Committed timeframes: By the end of 2020

5.8 Canada’s increased residues controls on imports of meat

• Canada to provide import rules and applicable regulations for non-compliances in meat products.
  • Committed timeframes: Mid December 2020
• The EU to provide import rules and applicable regulations for non-compliances in animal and non-animal origin products.
  • Committed timeframes: Mid December 2020

5.9 Export of Hungarian rabbit meat to Canada

• Canada to respond to Hungary by mid December 2020.
  • Committed timeframes: Mid December 2020

5.10 (A) Incoming and outgoing Audits-Information

• Canada and the EU committed to have a discussion by early 2021 regarding the 2015 fish audit to ensure audit closure.
  • Committed timeframes: Early 2021
• Canada committed to sharing audit plans for 3 upcoming audits in early 2021.
  • Committed timeframes: Early 2021
• Both the EU and Canada agreed to continue discussion with like- minded countries and agreed to establish a framework on best practices for virtual audits.
  • Committed timeframes: To be determined

5.10 (B) Recognition of EU Member States’ meat inspection systems (Canada Audit)

• Canada will published the final audit report by the end of 2020.
  • Committed timeframes: End of 2020
• The EU to provide Canada with list of Member States that are not currently approved but are interested for export and prioritize the list of Member States identifying the specific species for consideration.
  • Committed timeframes: To be determined
• Canada to consider prioritized list to inform its work planning for 2021-2022 and beyond.
  • Committed timeframes: To be determined

5. 10 (C) EU Audit in Canada on bovine and pig meat intended for export to the EU (EU Audit, 2019)

• The EU is reviewing Canada’s action plan and will provide its assessment the next two weeks.
  • Committed timeframes: End of 2020
• Canada committed to address all outstanding issues with the EU.
  • Committed timeframes: To be determined

5.11 Canada’s swine disease review in the EU

• No further action.
• Canada and the EU agreed item can be closed once the formal letter from Canada is sent.
• Item closed once the formal letter from Canada is sent.

5.12 Recognition of zoning for animal diseases (Canada’s regionalisation recognition on African Swine Fever, Import Permits)

• The EU stated it would review agreement from technical meeting and would communicate with Canada.
  • Committed timeframes: To be determined
• The EU to follow up on outcomes on glossary and nomenclature.
  • Committed timeframes: To be determined

5.13 EU exports of Processed Animal Proteins for Animal Feed

• Canada to reply to the EU on possibility of including additional interested Member States (e.g. Finland and Ireland) in its 2021 onsite audit program.
  • Committed timeframes: Early 2021

5.14 Recognition of goat semen diluent as equivalent to OIE standards

• Canada and the EU agreed item can be closed.
  • Committed timeframes: Item closed.
• Canada noted it is open to receiving further information from France regarding the decisions made on this matter in their new upcoming Regulations.
• Canada suggested to EU to bring this proposal to the OIE for their approval.

5.15 PCR test on bovine semen for Schmallenberg Virus

• Both parties agreed to continue discussion on this item once further or new elements come into play.
  • Committed timeframes: To be determined

5.16 Canadian’s official microbiological sampling plan for the monitoring of Listeria monocytogenes in ready to eat products and the Canadian import requirements in this regard

• The EU agreed to review Canadian letter outlining information requested on competent authority oversight and seek clarification if required.
  • Committed timeframes: To be determined
• The EU to share guidance document with Canada for comments.
  • Committed timeframes: Early 2021.
• Schedule technical call between both parties (if needed).
  • Committed timeframes: To be determined

5.17 Canada’s legislative requirements on “water retention in carcasses and parts of carcasses”

• The EU will study the information received from Canada and might come back in case of further questions.
• Canada and the EU agreed item can be closed and can be discussed in the context of export library.
  • Committed timeframes: Item closed.

Export Library

• Both parties agreed to have a technical call
  • Committed timeframes: Before March 2021
• Both sides to identify contact person by end of year to work at the technical level on concept of export library.
  • Committed timeframes: By the end of 2020

5.18 State of play on EU-Canada harmonized certificates and 5.19 Simplified Certificates for Canadian exports of meat and meat products and TRACES certificates for the European Union (prioritization for work program)

• Both parties agreed to have a call (mid December 2020) to discuss state of play and roadmap for certificates moving forward.
  • Committed timeframes: Mid December 2020

5.20 EU Animal Health Law: Changes to certification of aquatic animals for aquaculture, ornamental display exported from Canada to the EU (changes as per WTO notification 403)

• No further action required.
• Canada and the EU agreed item can be closed.
  • Committed timeframes: Item closed.

5.21 EU Animal Health Law: Changes to the certification of live aquatic animals and fish and seafood products exported from Canada to the EU for further processing and human consumption under the revised EU Animal Health Laws (changes as per WTO notification 401)

• No further action required.
• Canada and the EU agreed item can be closed.
  • Committed timeframes: Item closed.

5.22 Negotiation of harmonized certificates for exports Atlantic herring for bait and for further processing from the EU to Canada

• The EU to schedule a discussion with technical experts by March 2021 (TBC by the EU)
  • Committed timeframes: March 2021

Conclusion

• Both parties reviewed the action items and timelines.
• The EU committed to confirm possible dates for the next annual CETA SPS JMC.
  • Committed timeframes: Early 2021
• Both parties expressed gratitude towards their respective Secretariats for the work and efforts undertaken for the meeting.
• Canada and the EU expressed appreciation for the continued collaboration and partnership.
• Meeting was adjourned.