Joint report: CETA Sanitary and Phytosanitary (SPS) Measures Joint Management Committee

October 3-5, 2023 (Brussels)

Agenda/Final minutes

1. Welcome and Introduction

1.1 Opening Remarks

• The European Union (EU) and Canada noted the slow progress on some technical files and agreed on further investing to allow for tangible outcomes.

1.2 Introductions

• Meeting was attended by representatives from the EU Commission (DG SANTE, DG TRADE) and EU Member States, the Canadian Food Inspection Agency (CFIA), Agriculture and Agri-Food Canada (AAFC) and Global Affairs Canada (GAC).

1.3 Adoption of the Agenda

• Agenda was adopted with only minor revisions to the order of specific items being discussed during the meeting.

2. Operation and implementation of the SPS Chapter

2.1 Review and follow up of action items from JMC 2022

• EU and Canada acknowledged the continuous work undertaken on the agreed action points and the follow-up given with the technical meetings taken place since the 2022 SPS JMC.

3. Information Sharing

3.1 Pesticides, Maximum Residue Limits and (MRL) Import Tolerances for Plant Protection Products (PPP)

Pesticide/MRLs

• Canada appreciated the circulation of the document on the EU policy on pesticides for the next 10 years.
• The EU informed also that the draft legal act to renew glyphosate in the EU will be presented for a vote at the Committee on Plants, Animals, Food and Feed (PAFF) on 13 October 2023.
• Canada welcomed this regulatory proposal that follows the European Food Safety Authority (EFSA) conclusions and science-based approach. This is very important to Canadian agriculture and will be monitoring the approval process very closely.
• Canada reiterated its longstanding concerns with the EU’s hazard-based approach to the regulation of other pesticides. In particular, it raised its concerns in relation to the regulatory changes related to the reduction of the maximum residue levels (MRLs) for two additional neonicotinoids, as presently there has been no scientific evaluation conducted or notification submitted through WTO.
• EU recalled that those actions were necessary to fulfil its commitment to take into account environmental aspects when deciding about MRLs  and that there is no alternative that would be less trade restrictive and equally contribute to ensure that food and feed consumed in the EU do not contribute to the global decline of pollinators, independently of whether the product is produced in the EU or imported from non-EU countries.
• Canada proposed that the Commission should allow third countries to regulate pesticides in their sovereign domestic countries how they deem appropriate and suitable for their local environments.
• EU expressed its openness to continue discussing any specific concerns that Canada may have related to the setting of maximum residue levels for pesticides and import tolerances.

Action items:

• EU to send to Canada the reference document on the EU policy on pesticides.
• EU and Canada to have a technical call following internal discussions.

3.2  Veterinary Medicinal Products

• Canada thanked EU for the information sessions and informed that is jointly completing the annex questionnaire with Health Canada, and will be submitting it to EU before November 2023 deadline.
• EU provided assurances that Canada does currently meet EU’s implementing regulation requirements and should have no difficulty being included in EU’s approved third-country list. Should there be any concerns by the EU, they will engage with Canada bilaterally.
• EU informed on the state of play of the regulatory process and the further discussions planned to take place with the EU Member States. The amended certificates should be published early 2024.
• In relation to the third country listing EU noted that the same practice will be followed as the scope is mirroring the scope of residues listing of third countries. It has also underlined that the purpose would be to provide guarantees that forbidden substances are not used for products for export to the EU.
• Regarding Coccidiostats EU confirmed that if a product has a dual use (medicinal and growth promotion), this can be used for treatment purposes provided that a withdrawal period is respected.

Action items:

• Canada to submit answers to the annex questionnaire to the EU by November 2023.
• EU to keep Canada informed of the developments in relation to the remaining legislative procedures (third country listing, certification).

3.3 EU Vaccination Against Highly Pathogenic Avian Influenza (HPAI)

• EU informed on HPAI spread and how the vaccination could help in fighting against the disease. Reference was made to the World Organization for Animal Health (WOAH) and the EU Animal Health law and information was provided on the EU plan on rolling out and enforcing vaccination in the Member States.
• EU emphasized that vaccination is considered as an additional  tool and does not replace the current control and eradication measures in place to mitigate the spread of HPAI. The vaccination (in France) happens in a transparent manner.
• EU clarified that Member States can decide if they want to use the vaccine and roll out the vaccination plan, where the Commission will provide oversight of the application, traceability and review of the risk-mitigating measures required for using the vaccine based on the animal health law.
• Canada reiterated the importance of evaluating risks posed by these imports on the Canadian public health and animal health status, as well as any secondary trade impacts on the poultry industry before allowing import of live poultry and poultry products (raw/unprocessed) from any country using HPAI vaccination.
• Canada has mentioned its proactive engagement with France to conduct a risk assessment. Until this assessment is completed, a temporary suspension of import starting on 1October  2023 of all live poultry, hatching eggs, and raw fresh/frozen poultry products originating from France.
• Canada informed EU about the joint evaluation with the United States Department of Agriculture (USDA) on the poultry health status and HPAI vaccination in EU.
• Regarding exports eligibility and trade, Canada confirmed that heat-treated products will continue to be exported to Canada, but that other raw/unprocessed poultry products originating from France are not allowed at this time.

Action items:

• EU to provide the presentation on HPAI vaccination.
• Canada to provide the EU a list of questions prior to the technical call.
• EU and Canada to have a technical call shortly after internal discussions.

4. Specific issue management: Food safety

4.1 EU Priority Certificates

• EU acknowledged receipt of Canada's comments on the proposed EU harmonised certificate for processed food and will require a technical call at the end of October 2023 to discuss and better understand the comments Canada provided.
• Canada requested that EU provides their questions in advance of the technical call to review.

Action items:

• EU and Canada to have a technical call in November 2023 following internal discussions on the EU proposed harmonised certificate for processed meat.
• EU and Canada to finalise the EU harmonised export certificate for processed meat by end of June 2024.

4.2 Canadian Priority Certificates

• Canada indicated that their first priority is beef, pork, and poultry certificates for export to the EU and other products which are covered under CETA Agreement, followed by fish, seafood, and dairy.
• Canada recalled the discussion with DG SANTE (September 2022) on their interest to use simplified certification where public health statements would reflect each other's equivalence recognised under CETA Annex 5-I Export Certification.
• EU informed that the legislative procedure for the simplification of all public health attestations where an equivalence has been agreed was already launched and committed to a tentative Q2 2024 deadline towards adoption and publication.
• With regard to Canada’s proposed amendments on the existing TRACES certificates for the export of fresh beef and pork from EU to Canada EU informed they are in their consultation phase with Member States and consolidating the comments received.
• Canada and the EU will work towards implementing revisions to their respective processed meat certificates concurrently.

Action items:

• EU and Canada to have a technical call in November 2023 following internal discussions on the EU proposed simplification of the public health attestations.
• EU to finalise internal procedures for the simplification of the public health attestations in  certificates for beef, pork, and poultry by end of June 2024.
• EU and Canada to have a technical call on the revised EU export certificates in TRACES for fresh beef and pork before June 2024.

4.3 Canada’s update of “Policy on Listeria monocytogenes in Ready to Eat foods”.

• Canada informed that Health Canada (HC) has revised its 2011 Policy on Listeria monocytogenes in Ready-to-eat (RTE) foods. The updated policy was published on 31 March t 2023, and is  effective since  1 October2023.
• These updates include the current outcome-based regulatory landscape reflected in the Safe Food for Canadians Regulations (SFCR), clarification of the definition of ready-to-eat, foods excluded from the policy, and expectations on foods specifically produced for vulnerable populations.
• Canada explained that the main policy change is that testing frequency for Listeria m. has increased. And Canada clarified the definition and scope for "Ready-to-Eat" Foods, including any exemptions, is listed at the beginning of the policy.
• Canada also encouraged food operators to put in place measures that are not included in the policy that have proven to be effective, and that are related/involved in Listeria m. outbreaks.

Action items:

• EU to inquire about more information from Canada if needed.

4.4 Peroxyacetic Acid

• EU confirmed that EFSA received and assessed Canada's technical dossier in support of Peroxyacetic Acid (PAA) as a decontamination substance for beef carcasses. EFSA has now 12 months to finalise its assessment.
• Canada remains hopeful of a favourable result from EFSA.

Action items:

• NIL

4.5 Access to Canadian Import Requirements / follow-up on EU’s market access applications (EU Market Access Data Base / Access2Markets database)

• Canada thanked the EU for hosting live training on EU's trade platforms, Access2Markets and Market Access Database.
• Canada informed that it continues to assess which platform could best capture Canadian import requirements and ensure it is accurately communicated to EU stakeholders.
• During question period, the EU confirmed that Access2Markets and Market Access Database is accessible to all EU certifying bodies and are able to review Canadian import requirements.
• Canada enquired if the EU requests that certifying officers verify Canadian import requirements with Canada's Automated Import Reference System (AIRS) or EU's Market Access Database before certifying exports. EU informed that they encourage all EU certifying officers to review Canadian import requirements.
• Canada requested EU to verify if Member States use Access2Markets and inform Canada.
• EU requested Canada to review and respond to a matrix table listing outstanding Member State market access issues generated by the Market Access Database application list. Canada committed to reviewing the table and provide its reaction to the request in a technical call.

Action items:

• EU and Canada to have a technical call on databases and the accessibility of Canada’s import requirements.
• Canada to assess the provided matrix table on market access applications and to set up technical call.

5. Audits

5.1 Incoming and Outgoing audits: on-going/completed, planned and under consideration.

• The EU stated to formally propose alternative dates for the incoming poultry audit, as Canada previously requested to postpone due to the avian influenza outbreak and lack of resources to host an audit.
• Canada inquired about EU's methodology for selecting a country to audit, and EU assured that the selection process is not to target certain countries, but rather, based on an assessment including  inter alia when the last audit took place, any identified border control  issues and  other criteria.
• EU advised Canada of its interest to audit Canada’s systems regarding live bivalve molluscs, fish, and seafood in 2024. A formal request will be sent, and timing of the audit will be determined by both parties.
• Finland inquired if poultry can be exported to Canada since their meat establishments and meat inspection system are approved by Canada, but have yet to be officially audited.

Action items:

• Canada to reply to the EU request for additional supporting documents in relation to the Canadian action plan responding to the recommendations on bovine and pig meat intended for export to the EU.
• EU to inform Canada on the planning for the combined audit on fisheries and live bivalve molluscs in 2024.
• Canada to review and inform on the meat market access authorisation for Finland.

5.2 Recognition of EU Member States meat inspection systems

• EU reiterated their request to Canada to process with the recognition of the inspection systems of the remaining (8) EU Member States and the subsequent audit planning.
• Canada informed that audits would be planned on the basis of the proposed priority of EU Member States.
• EU identified The Netherlands for poultry, and Spain for sheep and goat as the initial priority Member State audits.

Action item:

• EU to provide by end of 2023 a completed priority list to Canada of additional Member States that are not currently approved but are interested in exporting to Canada. Specific species for consideration to be defined per Member State as well.
• Canada to consider including The Netherlands (poultry meat) and Spain (sheep and goat meat) for  the next audit planning year.

6.  Specific issue management: Plant

6.1 EU exports of fresh tomato with green parts

• EU informed Canada that the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) has completed its review of their risk assessment. It is expected that the EU will receive the results of their assessment by end of October 2023.
• Canada noted that it will be meeting with APHIS in October 2023 to coordinate a joint review of the EU's revised proposal of exports of fresh tomatoes with green parts from countries infested with Tuta absoluta to Canada and the United States.
• Canada proposed to remove this item from the agenda of the next CETA SPS JMC as the next steps to make progress on the issue rests with the US. Until such time that US is able to make progress, this issue should be temporarily be put on hold.

Action items:

• Canada to update the EU on its bilateral discussion with US APHIS on Fresh Tomatoes with Green Parts and provide its assessment to the EU by end of November 2023.
• EU to coordinate a trilateral discussion between the USA, EU, and Canada.

6.2 Recognition of EU pest free areas for Asian and citrus long horned beetles

• The EU requested Canada to recognise Pest Free Areas (PFAs) in EU Member States with Asian and citrus long horned beetles and would like details on actions undertaken by Canada on this outstanding request.
• Canada reiterated that until the US recognises freedom from 21 individuals Member States, Canada is unable to advance this file because of the need to maintain trade in host species between Canada and the US. 
• This outstanding request remains with the US and no timeline for recognition of the 21 Member States has been specified.
• EU would like to add 2 additional Member States to be reviewed as a separate request to avoid any delays from completing the assessment for the initial 21 Member States.
• Canada will discuss this item further during its engagement with APHIS in October 2023.

Action item:

• EU-Canada Secretariat to provide an update to each other on the progress made on this item by December 2023.

6.3 EU export application of berries

• EU reiterated to Canada that a timeline of the procedure, follow-up, and the finalisation of the request for Spain to export cherries to Canada is needed.
• Canada informed that it sent a letter to Spain following the completion of the review of Spain’s systems approach proposal for fresh cherries.
• Canada requested from the EU additional information on pest trapping, an updated copy of the certification system currently in place for cherries, and any additional systems approaches specific to the pests noted in the letter.
• Once Canada has received this this formation from the EU, Canada will be in a position to finalise this request for cherries.
• Canada and the EU both acknowledged and appreciated the work done relating to the importation of fresh strawberries and blueberries from Spain under a trial importation period.

Action item:

• EU (Spain) to provide a response to Canada’s recent request more information on pest trapping and its certification system as soon as possible.
• EU-Canada Secretariat to provide an update to each other on the progress made on this item by December 2023.

6.4 Fresh cranberries requirement for export to the EU

• Canada requested an official response from the EU, outlining the removal of the import requirements related to identified Grapholita packardi (cherry fruit worm), as a regulated pest for fresh cranberries exported from Canada.
• Canada provided the EU with an information package as a part of this request in 2019. Further evidence was provided in March 2023.
• EU informed Canada that the information package and additional evidence is still under review.
• EU will collaborate with EFSA to determine if removing the requirement for Grapholita packardi is feasible. As requirements for Grapholita packardi applies to all North American countries, there will likely be a need to confirm that this pest is not of concern for cranberries in all North America.
• Canada is willing to support the EU on the submission to EFSA and provide any supplementary material if needed.

Action item:

• EU to explore with EFSA a possible mandate in relation to Canada’s request for fresh cranberries.

6.5  Requirements for Birch Wood Originating or Processed in Canada

• Canada expressed its appreciation towards the European Commission's decision for making the derogation for ash wood permanent thus allowing continued market access for this species.
• Canada sought an update on the status of the request related to birch wood and looked forward to a positive response from the EU given the successful systems approach for ash wood.
• The EU requires an additional scientific assessment from EFSA to achieve the same derogation for birch wood and has already commenced discussions relating to additional information that will be required from Canada.
• Both the EU and Canada agreed that a dossier should be submitted to EFSA with supplementary information on the processed used to treat birch wood in Canada.
• Pending the publication of new data, Canada is tentatively aiming to provide the EU with supplementary information by the end of 2023.

Action items:

• Canada to provide the EU with supplementary information to enhance its scientific assessment as it relates to birch wood processing.

6.6 Canada’s System Approach to Export Maple (Acer spp.) Veneer

• Canada explained to the EU that the Canadian systems approach for producing veneer requires many steps that effectively reduce pest presence in the wood and is considered an independent phytosanitary measure. 
• In January 2022, Canada submitted a technical dossier describing the process for the production of maple veneer to the EU.
• EFSA has responded and requested Canada to provide additional information to support its dossier by 26 October 2023.
• The information requested is extensive and Canada will need additional time to provide the appropriate amount of detail and information.
• Canada will be requesting an extension from EFSA to submit the recently requested additional information.

Action items:
NIL

7. Specific issue management: animal health

7.1 Recognition of zoning for animal diseases

• Both the EU and Canada recognise each other's zoning decisions, notification systems and procedures as capable and extensive.
• Canada asked the EU to address the gap between Canada's and the EU's notification processes relating to the release of disease-free zones and reduce the timelines for acceptance of release zones. EU recalled that their Animal Disease Information System (ADIS) remains the system to exchange information on this in a timely manner. Canada has decided that it is not adopting this system.
• EU explained that there are limitations due to operational and institutional steps that need to be respected in the procedure followed, but improvement is possible towards an agreeable solution.
• In line with the established cooperation, the EU asked Canada to remove the 90 days period from cleaning and disinfection and align its rules with WOAH.
• EU asked clarifications for the additional certification requested to the Member States regarding African swine fever (ASF) and recalled that the current EU certification system is ensuring that products entering the market are safe.
• For ASF, Canada explained that it is not allowing slaughtering of animals from Part I zone and that additional certification is needed to avoid that products from those areas are exported to Canada.

Action Items:

• EU and Canada to have a technical call shortly in relation to the information exchange and lifting of zoning decisions on restrictions.
• Canada to inform on the assessment on ASF certification and EU to clarify the traceability requirements for intra-Union trade of pork products.

7.2 Export of bees to Canada

• The EU inquired about an update on the application made by the EU for the export of bees to Canada.
• Canada informed the EU that the completed questionnaire was sent to the Animal Health Risk Assessment Unit for the evaluation.  The draft risk assessment was completed and currently under review as of 10 February 2023.
• Following the completion of the assessment, the necessary risk management conditions will be established and shared with Slovenia for review.

Action items:

• Canada remains committed to reviewing the risk assessment submitted by Slovenia. Tentative completion date for this review is Spring 2024.

7.3 EU Requirements: Classical Swine Fever

• Canada requested the EU to provide a formal response to its letter relating to the EU’s requirement to test for Classical Swine Fever in approved Canadian Porcine Semen Collection Centres.
• The EU informed Canada that although a reply was not sent to Canada in response, this work is near complete. The regulatory amendment is currently being translated and the expected date of finalisation and adoption is foreseen in early 2024.

Action items:

• EU to inform on the completion of the legislative procedure amending certification on testing for CSF.

7.4 EU Requirements: Pet food

• Canada thanked the EU on its response letter which clarified and defined BSE attestations and additional certification requirements for export and resolved issues with TRACES related to the selection of ingredients for pet food.
• Canada requested an update on its information package sent to the EU relating to Canada's heat treatment of feathers.
• The EU acknowledged receipt of the information package from Canada and informed Canada that they have assessed the package and are close to submitting a risk assessment to EFSA.
• The EU confirmed that supplementary information is not needed from Canada at this time. Once submitted to EFSA, the assessment should conclude in 6 months, pending the need to provide additional information.
• Canada also inquired about an update for its certificate for raw inedible meat. It was determined that this topic is better suited for a technical call to be scheduled during 2023-2024.

Action items:

• EU to inform and advise Canada on the need of supplementary information for the submission of the risk assessment on heat treatment for feathers to EFSA by end of October 2023.
• EU to review and respond to Canada’s proposed harmonized certificate for edible raw pet food and pet chews.

Conclusion

• Both parties reviewed the action items and timelines.
• Canada will be hosting the next annual CETA SPS JMC in 2024.
• 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.