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

November 5-7, 2024 (Ottawa – In person and by videoconference)

1. Welcome and introduction

1.1 Opening remarks

• Canada and the European Union (EU) provided opening remarks and acknowledged the joint cooperation and efforts undertaken to progress on technical files this past year.

1.2 Introductions

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

1.3 Adoption of the agenda

• Agenda was jointly adopted; no revisions were made.

2. Operation and implementation of the SPS Chapter

2.1 Review and follow up of action items from JMC 2023

• Canada and the EU agreed to continue tracking the progress of issues and making firm new commitments for the next year.

3. Information sharing

3.1 EU Commission organizational changes & priorities

• The EU provided information on the state of play and next steps for the taking office of the 2024-2029 European Commission and informed on the critical priorities outlined in the mission letter of the Commissioner designated for health and animal welfare, also in charge of food safety.

3.2 Canada regulatory updates – Feed regulatory modernization

• Canada shared a presentation that outlined the new Feed Regulations 2024, which were published on July 3, 2024, and replaced previous regulations,
• The Feeds Regulations, 2024are the result of a comprehensive review of the previous regulatory framework, stakeholder consultation, and scientific review of international standards. The scope of the updated regulations applies to livestock feeds manufactured and sold in Canada as well as to livestock feeds being imported and exported.
• The regulatory changes establish a more robust and outcome-based livestock feed framework that includes hazard analysis, traceability, and preventative controls, among other updated requirements.
• The introduction of requirements for preventive control plans (PCPs) in the regulations will better align with the approach taken in both the United States and the European Union. As a result, this will present new opportunities for greater regulatory cooperation and to facilitate trade.
• On June 17, 2025, the PCP requirements will come into effect and all imported and exported feeds will need to be manufactured under a preventive control plan that meets the Canadian requirements.
• On December 17, 2025, the requirements for feed licences will come into effect, along with the expansion of the list of species that are considered livestock.

3.3 Pesticides & contaminants

• Canada expressed its longstanding concerns with the EU’s hazard-based approach to the regulation of pesticides and maximum residue levels (MRLs) without sufficient scientific evidence, dietary risk assessments, nor alignment with WTO SPS Agreement, and instead, using MRL import requirements to meet EU environmental objectives. EU reiterated that it is science-based approach and follow EFSA guidance and risk assessments.
• Canada sought confirmation from the EU that, regardless of how an MRL decision is made, reasonable transition periods are adopted to provide sufficient time for producers and exporters to adapt to the new requirements and allow for trade to continue uninterrupted.
• Canada was disappointed by the recent European Parliament (EP) veto of two Commission decisions allowing import tolerances for cyproconazole and spirodiclofen. Canada stated that it sets a worrying precedent and may prevent the EU from applying import tolerances to imports from third countries. This will have significant trade impact on third countries’ export, especially for agricultural products that are not native or produced in the EU. Canada reiterated its concerns regarding the environmental considerations when setting import MRLs and requested information on the next MRL Regulations applying this policy.
• EU assured that Canada and other trading partners will be informed of any future MRL changes.
• Canada has significant concerns about the EU's new limits on maximum levels (MLs) for contaminants, particularly hydrocyanic acid (HCN) in flaxseed, deoxynivalenol (DON) in food and nickel in pulses. The lack of clarity in the definitions and compliance requirements creates uncertainty for Canadian exporters and will affect trade.
• Regarding HCN in flaxseed, EU has finalised their report on Canada’s flaxseed samples in May 2023 and shared it with CGC. EU will share it again with Canada and work with the Canadian Grain Commission to further collaboration.
• Canada has initiated the process to request the termination of the Sampling and Testing Protocol for Triffid^R in Canadian Flaxseed Exports to the EU, given negative results for over 13 years and the fact that the Protocol stipulates the option of an annual review.

Action items:

• Canada to send list of technical questions regarding deoxynivalenol (DON), nickel, and hydrocyanic acid (HCN) for the EU’s response.
• EU committed to drafting guidance documents to provide further clarity on enforcement at import of unprocessed cereals/linseed in relation to the maximum levels for certain contaminants (in particular deoxynivalenol, HCN) in food.

4. Specific issue management: Plant health

4.1 EU Export application of cherries

• On November 4, 2024, Canada received the additional information from Spain as requested in Canada’s letter from July 2023.
• EU requested that Canada provide an indicative timeline of the procedure to finalise the request of Spain to export cherries to Canada, after the recently submitted information from Spain.
• EU requested Canada to share its phytosanitary import conditions and import approval process (step-by-step) for all types of plants and plant products (until the final approval of imports).
• Canada is committed to maintain transparency and is open to exchanging with the EU on all SPS market access applications and provide updates, when applicable, upon request.

Action items:

• Canada will review Spain’s recent information package submission and will inform Spain and the EU if further information is needed, as well as the status of Spain’s request within the import approval process.
• Canada will provide Spain and the Commission with the outcome of its review, once completed. Canada will share information with the EU on the overall step-by-step import approval process for plants and plant products. The EU will then share this information with all EU Member States.
• Canada to share an update, when applicable, on Member State market access applications, upon request by EU.

4.2 Fresh cranberries requirements for Export to EU

• On March 9, 2023, Canada has informed the EU that fresh cranberries grown in Canada are not a host of Grapholita packardi and has requested the removal of the import requirements related to this pest for Canadian cranberries. The EU was reminded to respond to the letter.
• Canada explained that although it can currently export cranberries to the EU, provided that a pest surveillance program is conducted, this program is resource intensive and adds unnecessary burden for export certification. With the scarce provincial resources to support the pest survey, there is an increasing risk that Canada may not be able to export fresh cranberries to the EU.
• The EU informed that the risk assessment application request has yet to be submitted to EFSA pending internal work planning.

Action items:

• EU to internally follow-up with EFSA and request to include Canada’s application for risk assessment on cranberries.
• EFSA to conduct pest risk assessment for cranberries from Canada.

4.3 EU export of fresh tomato with green parts

• EU informed Canada that on 25 October 2024 the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) had shared with the EU the result of its 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. Member States are already beginning to review US recommendations.
• Canada will also be providing its comments to the EU once finalized. Canada shared some examples of its recommendations/concerns on the EU’s proposal, such as potential mating disruption techniques and the inclusion of light trapping on EU’s proposed approach.

Action items:

• Canada to send final comments and recommendations to the EU for their review.
• EU to arrange a trilateral discussion after assessing Canada and US comments.

4.4 Recognition of EU pest-free areas for asian and citrus long horned beetles

• On 2 December 2019, Canada had already recognised the country-freedom for ALB and CLB of 21 EU Member States.
• On June 12, 2024, the US amended their federal order to recognize the 21 Member States as free from Asian and Citrus long horned beetles (ALB and CLB). The lists for Canada and the US are now aligned. This is important for Canada because Canada needs to maintain trade in host species between Canada and the US.
• EU intends to consult Member States again and would like to maintain open the possibility to add additional Member States and additional pest free areas from Member States - Finland, Austria, and possibly other Member States - to be recognized free from ALB and CLB.

Action items:

• EU will send a formal request to Canada, to recognize country-wide pest freedom for Finland and Austria.
• Once received, Canada will update import requirements for Finland and Austria in its Automated Import Reference System (AIRS).
• EU and Canada to initiate new work to recognize certain Member States pest-free areas, and schedule a trilateral call with the US, after the EU sends the formal request.

5. Specific issue management: Food safety

5.1 Point-of-entry violations from EU Member States exporting meat products to Canada

• Canada has observed a significant increase in point-of-entry (POE) violations for meat exported from certain Member States since 2023. Canada emphasised that it has not changed any procedural or import programs during this time.
• Higher number of POE violations means delays in processing of transactions, rejections, inconvenience for importers, and strain on Canadian resources as offending foreign establishments are placed on intensified inspections.
• Canada is seeking additional mechanisms from the EU that can ensure sufficient oversight is provided by the certifying body, and requirements are met by the exporter, to prevent issues prior to export.
• EU requested further technical information regarding the non-compliances to review before contacting Member States.
• EU enquired about the internal procedures Canada has in place to address Member State non-compliances, stressing the existing EU procedures).and noted that available platforms can be used to notify Member State competent authorities, such as the Standing Committee on Plants, Animals, Food and Feed (PAFF), Council working groups and internal market access database (MADB) that houses import requirements of trading partners.
• EU stated that once they review the non-compliance information, they will look to these mechanisms to notify Member States in relation to the Canadian concerns.

Action items:

• Canada to send technical data and information on the non-compliances to the EU.
• EU to inform Member States and raise the need to enhance compliance.
• Canada and the EU to have technical discussion after EU has consulted with Member States.

5.2A EU Export of meat to Canada: Eligibility of export establishments

• EU would like to receive clarifications on the policy implemented by Canada regarding the procedures applied for EU establishments on the export and certification of meat.
• EU Member States were informed by Canada that a consignment of meat for export to Canada should originate from an establishment that is recognized at the time that the activity is conducted and at the time of import into Canada. This would mean that any consignment (produced at an approved EU establishment) would not be accepted to enter Canada if the establishment of production/transformation/storage of the product is not recognized as per SFCR 167 (c) at the time of the import into Canada.
• Canada informed that it was aware of this issue that had arisen following the implementation of SFCR.
• Legislative timelines to amend the SFCR are not within CFIA’s control, but Canada is open to exploring flexibilities in the interim and encourages the EU to reach out directly with specific examples, questions or concerns.
• EU requested guidance information regarding the import licensing/listing of establishments.

Action items:

• Canada to send guidance information regarding establishment function codes and have a technical discussion to provide further clarity on EU’s specific issues.
• Canada to review internally and explore whether an interim solution is possible prior to SFCR regulatory amendments.

5.2B EU Export of meat to Canada: Technical issues on exporting grouped consignments

• EU faces challenges with the export of consignments originating from different EU Member States, which are certified at origin, and grouped at the port of departure together into a single container.
• EU had raised this issue in the 2020 CETA SPS JMC, with Canada clarifying its inability to accept the groupage. This issue is unique to the EU as no other country consolidates shipments between countries.
• Canada’s main concern is that it has very little information on the controls and documentary evidence in place regarding the intra-EU movement of these products.
• Until Canada receives the required technical and traceability information that addresses its food safety and animal health concerns, it asked that EU stops issuing OMICs for consolidated shipments.

Action items:

• Canada to share specific technical questions and required information, EU to reply.

5.3A EU Harmonized Export Certificates to Canada: Certificate for processed meat

• EU requested Canada to accept the EU proposed Harmonized Certificate for the export of Processed Meat products. This certificate is already being used by some Member States.
• Canada informed that it was seeking alignment between import and export certificates for processed meat with a simplified public health attestation that reflects Canada-EU public health equivalence as per Annex 5E of CETA.

Action items:

• Canada and EU to have technical discussions with an updated and revised roadmap.

5.3B EU Harmonized Export Certificates to Canada: Amended certificates for beef & pork

• Canada recalled its request to the EU to update the current EU TRACES certificates for the export of fresh beef, pig meat and poultry to Canada, to capture SFCR licence information.
• Canada also proposed updated Animal Health statements, which the EU is reviewing.
• At this time, the EU informed that any simplification of EU import animal health statement would require an equivalency exercise. In the interim, EU and Canada remain open and flexible to begin implementation on the public health statements once finalized.

Action Items:

• Canada and EU to have technical discussions with an updated and revised roadmap.

5.4 Canada Export to EU: Simplified certificates to reflect equivalent public health measures

• This has been a longstanding request by Canada; to use a simplified certificate format where specific import conditions are replaced with a simplified public health attestation that reflects equivalent public health measures under Annex 5E of CETA.
• While this is not a market access request, format simplification ensures a streamlined certification process and reflects the public health equivalency status as per CETA.
• The EU explained the procedure for a proposal on the simplification of the public health attestations that would need to be adopted by the Member States to allow the use of bilateral simplified certificates.
• Regarding the animal health attestations, Canada recognizes a separate process needs to be explored on the most appropriate legal mechanism that can be utilised to establish an eventual equivalence on animal health measures and have them reflected in simplified certificates.

Action items:

• Canada and EU to have technical discussions with an updated and revised roadmap.

6. Audits and foreign assessments

6.1 Incoming and outgoing audits and foreign assessments

• Canada highlighted the robust inspection protocol in place and shared the procedural actions taken to resolve the 2022 EU Meat audit recommendations.
• Canada and the EU exchanged on completed and upcoming audit work planning for 2025. Including: planned Canada ovine, caprine, and poultry audit in Spain; planned Canada poultry, bovine and swine audit in the Netherlands; And planned EU bivalve molluscs audit in Canada.

Action items:

• Canada to provide report to EU once follow-up inspection is complete on the non-compliant establishment, to close the 2022 EU Meat audit.
• EU to review and provide response to Canada’s submitted action plan to address Fishery audit recommendations.

6.2 Recognition of EU Member States meat inspection systems

• EU renewed its request to Canada to recognize all remaining EU Member States’ meat inspection systems. In total, 18 out of 27 Member States meat inspection systems are currently recognized for the export of one or more meat commodities by Canada.
• In August 2024, Canada issued letters to Member States informing them of the cancellation of meat inspection systems following 5 years of inactivity, as per the SFCR regulations under s.173. Canada informed that this is a new rule and as a result, 11 Member States have been affected by the decision.
• EU expressed its concerns on the procedure and the criteria applied and is seeking flexibility and a simplified protocol for the reinstatement of Member State market access.
• EU requested that Canada considers the guarantees provided by the implementation of EU official controls in a Member State recognised for the export of a certain meat commodity when evaluating the inspection system of the same Member State for another meat commodity.
• Canada remains open and allowed for flexibility where evidence from Member States was presented. Canada will take a case-by-case approach when reinstating Member State market access.

Action items:

• Canada takes note of EU’s concerns and will conduct an internal evaluation before replying to the EU regarding the assessment/reinstatement process for Member States meat inspection systems.

7. Specific issue management: Animal health

7.1 Recognition of zoning for animal diseases

• EU has amended their legislation to recognize freedom from HPAI 30 days after cleaning and disinfection. EU has requested in 2023 Canada to apply the same 30-day timeline with EU, instead of the current 90 days.
• Canada provides the information required for the EU to recognize freedom in the format of a questionnaire, which is then published in EU’s Official Journal, before EU’s Border Control Posts (BCPs) can apply that freedom for Canadian shipments. This process causes a delay, which results in recognition of freedom more than 30 days after cleaning and disinfection.
• Through a series of technical discussions, Canada and the EU positively arrived at a mutually beneficial solution where Canada can share HPAI disease outbreak information in a simplified table format with cleaning and disinfection dates and anticipated date of release of zones for timely recognition of zones for continuity of trade.
• EU also assured that Canada will be included in EU’s Animal Disease Information System (ADIS).
• Both parties to internally consult and agree on a start date for implementation, targeting beginning 2025
• Canada appreciates the EU’s openness to collaborate and find a solution for improving the recognition process and looks forward to continuing collaboration on regionalization work with other trading partners.

Action items:

• EU to send Canada the table template and grant Canada access to EU’s Animal Disease Information System
• Canada to update certificates to accept EU zones after 30 days of cleaning and disinfection – EU/Canada to internally consult on a date to begin implementation. Tentative for both actions to be implemented in January 2025.

7.2 Exports of Slovenia bees to Canada

• EU requested an update on the longstanding application made by the EU for the export of queen bees from Slovenia to Canada. The EU would like to receive information on the remaining steps and indictive timing for completion.
• Canada is still reviewing the risk assessment. Tentative finalization is beginning of Winter 2024.
• Following the completion of the assessment, the necessary risk management conditions will be established and shared with Slovenia for review.

Action items:

• Canada to complete risk assessment and respond to Slovenia’s March 2024 letter with proposed import measures, for Slovenia to review.

7.3 Export of unprocessed French poultry products

• On September 15, 2023, Canada sent a letter to France informing of its decision to ban the import of any unprocessed French-origin poultry products and by-products, or live birds and hatching eggs of French origin, effective October 1, 2023.
• EU seeks clarity on the rationale for the ongoing import suspension and if there are additional restrictions from the letter on the export of duck genetics from vaccinated flocks. EU confirmed there are currently no genetics from vaccinated day-old chicks being intra-EU traded and the restrictions outlined in the letter are already being implemented in the EU.
• Canada replied that this measure was taken to manage the potential risk from France’s vaccination campaign for Highly Pathogenic Avian Influenza (HPAI) and confirmed there are no additional restrictions beyond what was outlined in the September 2023 letter.
• The import suspension is still on-going, pending the completion of Canada’s risk assessment of France’s HPAI vaccination program.
• To complete the risk assessment, Canada conducted a Joint US-APHIS/Canada on-site evaluation of France’s health status for HPAI and ducks’ vaccination program in September 2024.
• The results of the on-site HPAI evaluation will be sent to France in December 2024. The overall risk assessment is in its final phase, and Canada remains in direct contact with France should additional information be needed.

7.4 EU Requirements for food supplements containing ingredients of animal origin

• Canada seeks clarity on the EU’s import requirements for food supplements containing ingredients of animal origin.
• Canada asks the EU to review and reconsider its certification requirements for food supplements containing animal ingredients, particularly gelatin and collagen of bovine origin, to reflect WOAH guidance and EFSA’s recent risk assessment.
• It is Canada’s opinion that the certification of food supplements is not necessary as the risks associated with these highly processed products and their ingredients is low.
• EU takes note of this and has already initiated the work to amend their legislation. There is no timeline currently, as the amendment process is still in very early stages.
• Canada appreciates the EU’s promptness to reflect the latest science and welcomes a technical call to continue discussions.

Action items:

• EU to share tentative timelines when the legislative amendment process is at a more advanced stage.

7.5 Canada export of heat-treated down and feathers to EU

• Canada is unclear on EU requirements as it relates to heat treatment for feathers exported from Canada to the EU.
• Feather exports are currently ongoing but require further pressure treatment processing in EU. It is Canada’s view that the heat-treatment processing undergone prior to export should be satisfactory and asks the EU to consider this treatment to be acceptable.
• EU confirmed that this request is currently undergoing EFSA risk assessment, and it is in its final stage. Tentative deadline for EFSA to complete their assessment is January 31 2025.

Action items:

• EU to follow-up with Canada once EFSA opinion has been published.

Conclusion

• Both parties reviewed the action items and timelines.
• The European Union will be hosting the next annual CETA SPS JMC in 2025.
• Canada and the EU expressed appreciation for the continued collaboration and partnership, noting this year’s particular openness and enthusiasm to engage on topics and explore mutually beneficial solutions. Canada and the EU look forward to building on this momentum for the coming year and deliver on the commitments made during this annual meeting.
• Meeting was adjourned.