Exporting Live Bees and Bumble Bees to EU France

31 March 2011

livebeesec.eu(fre)

Overseas Market Access Requirements Notification - Animal Products Act 1999 – MAF Biosecurity New Zealand

Ref: AE-EU-25L
Date: 12 January 2011

OMAR B LIVEBEESEC.EU 12.01.11 – Live bees (Apis mellifera and Bombus spp.) to the European Community

1. Statutory authority

Pursuant to section 60 of the Animal Products Act 1999,

(i) I notify the following overseas market access requirements, entitled live bees (Apis mellifera and Bombus spp.) to the European Community

This notice takes effect from date of signing.

Dated at Wellington this 19^th day of January 2011.

Signed: Alan Macleod
Acting Group Manager
Animal Imports and Exports
Border Standards Directorate
MAF Biosecurity New Zealand
(pursuant to delegated authority)

2. European Community requirements

Live honey bees (Apis mellifera) and bumble bees (Bombus spp.) from New Zealand that are exported to the European Community must meet the import requirements of the European Community listed in this notice as follows:

2.1 An Official Veterinarian authorised by the New Zealand Ministry of Agriculture and Forestry must certify(⁵), after due enquiry, the following:

2.1.1 The animals for export, comply with the relevant New Zealand animal health standards and requirements which have been recognised as equivalent to the European Community standards and requirements as prescribed in Council Decision 97/132/EC, specifically, in accordance with the Biosecurity Act 1993.

2.1.2 Specifically, it is certified that the bees/bumble bees, with attendants, as referred in the export certificate:

2.1.2.1 come from a breeding apiary, which is supervised and controlled by the competent authority

2.1.2.2 in the case of honey bees, hives come from an area which is not the subject of any restrictions associated with an occurrence of American foulbrood, and where no such occurrence has taken place within at least 30 days prior to the issuance of the present certificate. Where an outbreak of foulbrood has occurred previously, all hives within a radius of three kilometres have been checked by the competent authority and all infected hives burned or treated and inspected to the satisfaction of the said competent authority within 30 days following the last recorded case

2.1.2.3 are from hives or come from hives or colonies (in the case of bumble bees), which were inspected immediately prior to dispatch (normally within 24 hours) and show no clinical signs or suspicion of disease including infestations affecting bees.

2.1.3 The packing material, queen cages, accompanying products and food are new and have not been in contact with diseased bees or brood-combs, and all precautions have been taken to prevent contamination with agents causing diseases or infestations of bees.

(⁵) The signature and official seal must be in a colour different to that of the printing.

3. Definitions

For the purposes of this document:

Any term or expression that is defined in the Animal Products Act 1999 and used, but not defined in this document, has the same meaning as in this Act.

Explanatory note

This OMAR is based on the export certificate for live bees (Apis mellifera and Bombus spp.) to the European Community.

Additional Information on OMAR Notification: LIVEBEESEC.EU 12.01.11

1. This OMAR replaces the previous one dated 5 March 2010. The main change was to make a new certificate in dual language. Certificates are based on ‘the health certificates for the importation of live animals and animal products in New Zealand’, Commission Decision 2003/56/EC.

2. With regards to Clause 2.1.2.3: The inspection of the hive is to occur within 24 hours prior to or at the time of packaging the bees from the hive of origin, ensuring that, during any following transportation and storage until the final consolidation for export, the packaged bees have no direct contact with other bees or food sources not of the same health status, with up to a maximum of 72 hours time frame from the time of initial packaging to the expected time of dispatch from the port. Where the dispatch of an export consignment is delayed at the last minute (e.g. flight availability), the time frame may be extended by an additional 7 days, provided that the Official Veterinarian is satisfied that the health status of the bees has not changed.

3. Honey bees must originate from a hive that is registered under the American foul brood (AFB) National Pest Management Strategy (NPMS) and approved by Biosecurity New Zealand. Bumble bees must originate from a facility that is approved by Biosecurity New Zealand. Approved hives/facilities are listed on the Biosecurity New Zealand website.

4. The approval process of hives for export of live bees to the EU is:

4.1 The exporter sends a request for approval to AsureQuality Limited. The exporter provides their contact details and the locations of the hives that will be providing bees for exporting to the EU

4.2 AsureQuality Limited checks on their database that all the hives within the 3 km radius have not had a case of AFB within the previous 30 days

4.3 AsureQuality Limited provides a list of beekeepers which have registered apiaries within a 3 km radius of the source hive(s), to the exporter. The exporter will then have to ensure that declarations as specified in Appendix 1 are completed by all beekeepers in a 3 km radius. These documents, once finalised, are sent to AsureQuality Limited

4.4 AsureQuality Limited checks this information and if it is acceptable they send a completed recommendation form (see Appendix 2) to Biosecurity New Zealand that the apiaries can be registered to supply bees for export to the EU

4.5 The exporter details will then be uploaded onto the Biosecurity New Zealand website and an approval letter sent to the exporter.

This approval will last for 6 months. For re-approval this process must be repeated.

5. The requirements ‘hives come from an area which is not the subject of any restrictions’ in relation to AFB has been interpreted as follows:

5.1 The beekeeper must declare that:

Either 5.1.1 all hives within a 3 km radius from the source hives have not had an occurrence of AFB in the past 30 days

or 5.1.2 if a case of AFB has occurred in the past 30 days then the beekeeper needs to declare that all the hives within a radius of 3 km were inspected within 30 days following the last recorded case and all infected hives burned or treated and inspected by a MAF approved beekeeper competent in the recognition of AFB

5.2 The exporter must provide a declaration and obtain declarations from all the beekeepers that have hives within a 3 km radius (a model declaration is specified in Appendix 1)

5.3 These declarations must be dated within 7 days of the consignment being exported

5.4 The declarations must state that if a case of AFB occurs then the beekeeper must notify AsureQuality immediately

5.5 These declarations are to support export certification and are not to accompany the consignment.

6. If the option relating to burning or treatment and inspection is declared by the beekeeper then AsureQuality will have to verify that this has occurred.

7. AsureQuality Limited will be able to provide a list of beekeepers that operate/exist within a 3 km radius from the source hives.

8. The inspection of the hive (or colony in the case of bumble bees) prior to export must be carried out by a MAF approved beekeeper with competency in exotic disease recognition, and must not have a conflict of interest (see MAFBNZ Conflict of Interest policy). The inspection is to be a visual appraisal of the general health of the hive, particularly for the presence of notifiable diseases including AFB. In a hive where there are any clinical signs suspicious of AFB, the affected broodcomb must be negative using the ropiness test or an ELISA field test.

Section 61.A of the Animal Products Amendments Act 2005 states that 'The Crown is not liable, and nor is the Director-General or any employee of the Ministry liable, for any loss arising through the refusal or failure of the relevant authority of an overseas market to admit export animal material or animal product to that market'.

Appendix 1:

Declaration required from beekeepers supplying bees for export to the European Community and beekeepers operating within 3 kilometres of a hive supplying bees to the European Community:

I declare that,

1.1 My hives situated within the 3 kilometre radius around the hives supplying bees for export to the European Community have not had a case of American foul brood (AFB) in the past 30 days.

OR

1.2 A case of AFB has occurred in the past 30 days and all known hives within a radius of 3 kilometres were inspected by a MAF approved beekeeper within 30 days following the last recorded case and all infected hives burned or treated by a MAF approved beekeeper.

(Delete as appropriate)

2. If a case of AFB were to occur in my hives, I will notify AsureQuality immediately.

• The information that I have provided is true, correct and complete in every particular.
• I have checked the identification of the animal(s) for which I am providing this declaration.
• I am aware that this declaration is made for the purposes of supporting export certification under the Animal Products Act 1999.
• I am aware that section 127 of the Animal Products Act 1999* makes it an offence for a person to make a false declaration under that Act.

Date:

Name:

Address:

*Section 127 of the Animal Products Act 1999

Any person involved in the export process must be aware of section 127(1) of the Act, which states:

“A person commits an offence who, with intent to deceive and for the purpose of obtaining any material benefit or avoiding any material detriment,—

(a) Makes any false or misleading statement or any material omission in any communication, application, record, or return for the purpose of this Act, or destroys, cancels, conceals, alters, obliterates, or fails to provide any document, record, return, or information required to be kept or communicated under this Act; or

(b) Falsifies, removes, misuses, alters, misapplies, misrepresents, or fails to apply any brand or material or product description or other form of identification of animal material or animal product required or authorised to be used under this Act; or

(c) Falsifies, removes, misuses, alters, misapplies, misrepresents, or fails to apply any identification, differentiation, or security system or device specified or approved or required under section 158; or

(d) Misrepresents, substitutes in whole or in part, adulterates, or otherwise tampers with animal material or animal product to which this Act applies so that it no longer matches or complies with its identification, description, certificate, label, or official assurance; or

(e) Falsifies, alters, or misapplies any certificate or declaration or other statutory form attached or relating to any animal material or animal product that is required or authorised to be used under this Act, or any official assurance, or tampers with any animal material or animal product that is subject to such a certificate, declaration, form, or assurance; or

(f) Falsifies, removes, suppresses, or tampers with any samples, test procedures, test results, or evidence taken or seized by an animal product officer, official assessor, or other recognised … or authorised person or body in the exercise of their functions or powers under this Act; or

(g) Falsifies, removes, suppresses, or tampers with any samples, test procedures, or test results taken by or for an operator of a registered risk management programme for the purposes of that programme or this Act, or by or for a person subject to the requirements of a regulated control scheme for the purposes of that scheme or this Act; or

(h) Aids, abets, incites, counsels, procures, or conspires with any other person to commit an offence under this section.”

Appendix 2:

MODEL RECOMMENDATION FORM:

MAF registration code of beekeeper and apiary:

Name and address of exporter:

Exporters email address:

Exporters telephone number and fax:

Location of apiary:

Date of assessment of documentation:

Approval expiry date*:

Findings

11. All beekeepers within a 3 km radius have had no cases of AFB in their hives or the hives have been inspected and treated according to the EU requirements

22. Declarations obtained from all beekeepers with apiaries in 3 km radius acceptable.

Other issues:

................................................................................................................................................

Signature of Recognised Person       Date

................................................................................................................................................

Name and address

* Six months after the date of assessment of documentation.