Key Benefits:
Minister of Agriculture, Food, Fisheries and Rural Affairs, Minister Delegate to Budget and Budget Reform and Secretary of State for Small and Medium Enterprises, Trade, Crafts, Professions Liberals and consumption,
In the light of Council Directive 90 /667/EEC of 27 November 1990, as amended, laying down health rules on the disposal and processing of animal waste, its placing on the market and protection against The pathogenic elements of animal feed or fish-based feedingstuffs;
In view of Council Decision 1999 /534/EC of 19 July 1999 on the measures applicable to the treatment of certain animal waste for the purposes of protection Against transmissible spongiform encephalopathies and amending Commission Decision 97 /735/EC;
Having regard to Regulation (EC) No 999/2001 of Parliament and of the Council of 22 May 2001 laying down the rules for prevention, control and The eradication of certain transmissible spongiform encephalopathies;
Having regard to Commission Regulation (EC) No 1326/2001 of 29 June 2001 establishing transitional measures for the transition to Regulation (EC) No 999/2001 of the European Parliament and The Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies and amending Annexes VII and XI of the Regulation;
Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the European Parliament Council of 3 October 2002 laying down the health rules applicable to animal by-products not intended for human consumption;
Given the rural code, in particular its Book II, Titles II and III;
Given the code of consumption, in particular its Book II;
In view of the Customs Code, and in particular Article 38;
In light of Decree No. 86-1037 of 15 September 1986 on the application of the Act of 1 August 1905 on fraud and falsifications in respect of goods or services in respect of Concerns the marketing of products and substances intended for animal feed;
In view of Decree No. 90-478 of 12 June 1990 adding bovine spongiform encephalopathy to the nomenclature of diseases deemed contagious;
Given the decree N ° 96-528 of 14 June 1996 supplementing and amending the list of diseases of animals deemed contagious;
In the light of the decree of 24 July 1990 banning the use of certain proteins of animal origin in food and manufacturing Of animal feed and laying down additional conditions for the marketing, trade, import and export of certain products of animal origin intended for animal feed and the manufacture of animal feed ;
In light of the amended Order of 30 December 1991 on the processing of animal waste and governing the production of feed for animals of animal origin;
In the light of the order of 17 March 1992, as amended, concerning the conditions to be met Satisfy slaughterhouses of slaughter animals for the production and placing on the market of fresh meat and determining the conditions for the sanitary inspection of such establishments;
In the light of the amended terms of 6 June 1994 on conditions Sanitary import of live animals, products of animal origin and animal or animal origin from third countries, and in particular Article 6 thereof;
Having regard to the amended order of 25 September 1995 on conditions Health rules governing intra-Community trade in certain products of animal origin;
In the light of the amended order of 11 March 1996 on sanitary rules and veterinary controls applicable to products of animal origin derived from a Other Member State of the European Community and having the status of Community goods;
Having regard to the order of 11 February 2000 on the sanitary conditions for the import of products intended for animal feed from third countries ;
Having regard to the Order of 25 April 2000 adopted for the application of Article 275-2 of the Rural Code and relating to veterinary certification in trade and export;
In view of the Order of 29 April 2002 suspending the placing on the market and Ordering the removal of certain fertilizing materials and culture media;
In the opinion of the French Food Safety Agency dated 23 January 2003,
Stop:
It is forbidden to use, market, ship and export for the feeding of animals and the manufacture of animal feed Products of animal origin originating in French territory containing or prepared from high risk materials referred to in the letters a, b, c, d, h, i and j of Article 3 of Directive 90 /667/EEC, including animals or parts thereof Transmissible bovine spongiform encephalopathy, and the products referred to in Article 31 (p) of the decree of 17 March 1992, irrespective of the nature of the treatment carried out or the mixture achieved.
Animal products intended for animal feed referred to in the Annex to the Order of 6 June 1994 referred to above, including compound feedingstuffs and premixes containing ingredients Of animal origin, originating in another Member State of the European Union or of third countries, may be introduced, imported, dispatched, exported, marketed or used only if they do not contain and have not been prepared to leave:
1. High risk materials referred to in the letters a, b, c, d, h, i and j of Article 3 of Directive 90 /667/EEC, including animals or parts of animals with subacute bovine spongiform encephalopathy;
2. Brain and eye, spinal column, including spinal ganglia, but excluding caudal vertebrae and transverse apophyses of lumbar and thoracic vertebrae and wings of sacrum, and spinal cord of cattle 12 months old and more;
Cattle spleen regardless of age;
Whole head, including eyes and tonsils, but excluding brain, tongue and masseters, sheep and goats less than six Months;
From the whole head, including the brain, eyes and tonsils, but excluding the tongue and muscular muscles, sheep and goats aged six months or more;
The spleen of sheep and goats regardless of their age;
Spinal cord of ovine and caprine animals aged six months and over;
Amygdales and intestines, from the duodenum to the rectum, including the mesentery, from cattle regardless of age;
Cattle thymus, excluding bovine thymus :
-originating in the countries of the European Union, born between 1 January 2002 and 30 June 2002 and fed from their birth exclusively with foods not incorporating ruminant materials, except milk or milk Materials derived from milk;
-originating in the countries of the European Union, born after 30 June 2002, and who have been fed since their birth exclusively with foods not incorporating ruminant materials, exception Made:
-milk or milk-derived materials;
-safe ruminant fat. In this case, it shall be collected prior to the cutout in the longitudinal form of the vertebral column of the carcasses and subjected to purification processing to ensure a maximum rate of residual total insoluble impurities of the 0.15 % by weight and thermal treatment at 133 ° C, for 20 minutes without interruption, at the pressure of 3 bars with a maximum particle size of 50 mm or less;
-born and raised in the countries listed in Annex XI to the Regulation (EC) No 999/2001 of 22 May 2001 as amended above;
From the head, including the brain, eyes and tonsils, but excluding the language and masséters, sheep and goats born or raised in the United Kingdom, regardless of their age
However, products of animal origin intended for food referred to in the Annex to the Order of 6 June 1994 referred to above, including compound feedingstuffs and premixes containing ingredients of animal origin, originating in countries In the list of Annex XI, letter A, point 10 (b) of Regulation (EC) No 999/2001 of 22 May 2001 as amended, may contain or have been prepared from the products referred to in point 2 of this Article.
I. -For products of animal origin intended for animal feed referred to in the Annex to the Order of 6 June 1994 referred to above, including compound feedingstuffs and premixes containing ingredients of animal origin, from a Other Member State of the European Union and having the status of Community goods, in addition to the sanitary conditions laid down, if any, in application of the aforementioned decree of 11 March 1996, the health or safety certificate or a document Accompanying commercial shall be supplemented by the attestation provided for in Chapter I of Annex I to this Order.
II. -For products of animal origin intended for animal feed referred to in the Annex to the Order of 6 June 1994, including compound feedingstuffs and premixtures containing ingredients of animal origin, imported on the French territory from a third country, the health or safety certificate, provided for in Article 5 of the abovementioned Decree of 6 June 1994 or the accompanying trade document, shall be supplemented by the attestation provided for in Chapter II of Annex I to this Order and intended by an official veterinarian of the country of origin.
In the case of products referred to in Article 3 above, containing or prepared from animal fats, the attestation provided for in Article 3 shall be supplemented by the attestation in Annex II to the
Products of animal origin whose use in animal feed is prohibited under Articles 1 and 2 of this Order may not be transported, raw or processed in containers Carrying products intended for human or animal feed or for use as a fertiliser or a medium of cultivation.
The Minister responsible for agriculture may fix the sanitary conditions of the Diversion of containers that have been used to transport the products referred to in Articles 1 and 2 of this Order.
The order of 23 August 2001 on sanitary conditions governing the employment, marketing, trade, imports and exports of certain products of animal origin intended for food Animal feed and the manufacture of animal feed or other uses is repealed. Any reference to the order of 23 August 2001 shall be construed as referring to this Order from the day of its publication.
The order of 29 April 2002 suspending the placing on the market and ordering the removal of certain fertilizing materials and culture media is amended as follows:
Article 2 (a) and (b) Are replaced by the following:
" (a) The attestation provided for in Annex I, Chapter I, of the Decree of 20 March 2003 on sanitary conditions governing the employment, marketing, trade, imports and exports of certain products of animal origin Intended for animal feed and the manufacture of feed or other uses, if it is a product originating in another Member State of the European Union and having the status of Community goods containing or prepared for From products of animal origin;
(b) Either the attestation provided for in Chapter II of Annex I to the Decree of 20 March 2003 on sanitary conditions governing employment, marketing, trade, imports and Exports of certain products of animal origin intended for animal feed and the manufacture of animal feed or other uses, referred to by an official veterinarian of the country of origin, if it is a product from a Third countries containing or prepared from products of animal origin. "
Schedules V and VI are repealed.
The Director General of Food, the Director General of Customs and Indirect Rights, the Director General of Competition, Consumer Affairs and Fraud Prevention and Prefects are responsible, Each as regards the execution of this Decree, which shall be published in the Official Journal of the French Republic.
A N N E X E I
ATTESTATIONS TO BE CARRIED ON SANITARY RECORDS OR CERTIFICATES ACCOMPANTING THE PRODUCTS REFERRED TO IN ARTICLE 2 OF THIS ORDER
Chapter I
Expected Certification To item 3-I
" The product referred to above does not contain and has not been prepared from:
-high risk materials referred to in the letters a, b, c, d, h, i and j of Article 3 of Directive 90 /667/EEC, including animals or parts thereof Subacute bovine spongiform encephalopathy;
-bovine tonsils under 12 months of age;
-bovine spleen, regardless of age;
-all or part of the head, including eyes and tonsils, at The exclusion of the brain, the tongue and the masséters, sheep and goats less than six months old;
-all or part of the head, including the brain, eyes and tonsils, but excluding the tongue and the masséters, oines and Caprine animals of six months or more;
-from all or part of the head, including the brain, eyes and tonsils, but excluding the tongue and masséters, sheep and goats born and raised in the United Kingdom, regardless of their age;
-from Bovine thymus, excluding bovine thymus:
-originating in the countries of the European Union, born between 1 January 2002 and 30 June 2002 and fed exclusively with foods not incorporating materials Derived from ruminants, with the exception of milk or milk matter;
-originating in the countries of the European Union, born after 30 June 2002, and who have been fed exclusively with food since their birth Not incorporating materials derived from ruminants, except milk or milk-derived materials." In the case of use for their safe feeding of ruminant fat, this statement shall be supplemented by the following: " And with the exception of ruminant fat collected before the cutout in a longitudinal form of the vertebral column of the carcasses and subjected to purification processing to ensure a maximum rate of insoluble impurities Residual total of 0.15 % by weight and thermal treatment at 133 ° C, for 20 minutes without interruption, at the pressure of 3 bar with a maximum particle size of 50 mm or less;
-Spinal cord of ovine and caprine animals Six months or more. "
Chapter II
Certification under Article 3-II
1. Declaration as provided for in Annex XI, letter A, point 10 (b) of Regulation (EC) No 999/2001 as amended above.
2. The following entries are added:
" The product named above does not contain and has not been prepared to leave:
2.1. High risk materials referred to in the letters a, b, c, d, h, i and j of Article 3 of Directive 90 /667/EEC, including animals or parts of animals or parts thereof with transmissible bovine spongiform encephalopathy;
2.2. Amygdales of bovine animals under 12 months of age;
Cattle spleen and thymus, regardless of age;
Of all or part of the head, including eyes and tonsils, excluding the brain, tongue and masseters, Ovine and caprine animals less than six months of age;
Of all or part of the head, including the brain, eyes and tonsils, but excluding the tongue and masséters, ovine and caprine animals aged six months or more;
Of all or part Of the head, including the brain, eyes and tonsils, but excluding the tongue and massetters, sheep and goats born and raised in the United Kingdom, regardless of their age;
Spinal cord of ovine and caprine animals aged six months and over. "
The entries in point 2.2 above are not to be added for products originating in third countries listed in Annex XI, letter A, point 10 (b) of Regulation (EC) No 999/2001 as amended.
Chapter III
Common Terms and Conditions for Chapters Ier and II
If both document and physical controls ensure that the product contains and has been prepared only from Low-risk material within the meaning of Directive 90 /667/EEC, or that this product is suitable for human consumption, the indication ' Does not contain and has not been prepared from high risk materials referred to in the letters a, b, c, d, h, i and j of Article 3 of Directive 90 /667/EEC, including animals or parts of animals with subacute bovine spongiform encephalopathy Transmissible " If
documentary and physical checks make it clear that the product does not contain and has not been prepared from the material of bovine, ovine or caprine origin, or that the product is made up Only dairy products, the entries for the second to the sixth indents for Chapter I are optional.
A N N E X E I
ATTESTATIONS TO BE CARRIED ON SANITARY DOCUMENTS OR CERTIFICATES OR SALUBRITY ACCOMPANYING PRODUCTS REFERRED TO IN ARTICLE 4 OF THIS ORDER
" The product referred to above contains or has been prepared from animal fats which have been subjected to the following treatments:
-purification in order to obtain a maximum rate of total non-soluble residual impurities not exceeding 0.15 % by weight of the finished product,
and, for fat obtained from the melting of bovine adipose tissue collected at the front end of the vertebral column:
-treatment at a temperature above 133 ° C, for 20 minutes without Interruption, at a pressure (absolute) obtained by means of saturated steam greater than or equal to 3 bars, the particle size of raw materials before treatment having been reduced to at least 50 mm. "
Done at Paris, March 20, 2003.
Minister of Agriculture, Food,
Fisheries and Rural Affairs,
For the Minister and Delegation :
The Director General,
T. Klinger
The Minister Delegate to the
Budget and Budget Reform,
For the Minister and Delegation:
The
Director General of Customs and Indirect Rights,
F.
Mongin The Secretary of State
to small and medium-sized enterprises,
to business, crafts,
to the liberal professions
and consumption,
For the Secretary of State and delegation:
By preventing the
Director General from competition,
consumption, and fraud enforcement:
The service manager,
L.
Valade
