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Decree Of 24 April 2002 Concerning The Importation And Exportation Of Products In Table 1 And The Export Of Products From Table 3 Of The Convention Of 13 January 1993 On The Prohibition Of The Development, Production, Storage And...

Original Language Title: Arrêté du 24 avril 2002 relatif à l'importation et à l'exportation de produits du tableau 1 et à l'exportation de produits du tableau 3 de la convention du 13 janvier 1993 sur l'interdiction de la mise au point, de la fabrication, du stockage et...

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Summary


Application of Order in Council 2001-143 of 15 February 2001, including articles 17-I, 20-I, and 25.

Keywords

ECONOMY, INTERNATIONAL CONVENTION CHEMICAL WEAPON, CHEMICAL PRODUCT, CIAC, CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT OF THE MANUFACTURE OF THE STORAGE AND USE OF WEAPONS CHEMICAL AND THEIR DESTRUCTION, MILITARY, ARMEE, IMPORT, EXPORT, FORMALIN , FORM, DECLARATION PREALABLE, CERTIFICATE OF USE


JORF n ° 104 of May 4, 2002 page 8301
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Order of 24 April 2002 on the import and export of table 1 products and the export of products from the table 3 of the Convention of 13 January 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction

NOR: ECOD0260082A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/4/24/ECOD0260082A/jo/texte


The Minister of Economy, Finance and The industry,
In view of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, made in Paris on 13 January 1993;
In view of Law No. 98-467 of 17 June 1998 on The implementation of the Convention of 13 January 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;
In light of Decree No. 2001-143 of 15 February 2001 concerning the implementation of The provisions of Title II of Act No. 98-467 of 17 June 1998 on the application of the Convention of 13 January 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, in particular Articles 17-I, 20-I and 25;
In view of Decree No. 2001-1192 of 13 December 2001 on the control of the export, import and transfer of dual-use goods and technologies;
In view of the Order of 13 December 2001 Relating to export control to third countries and to the transfer to the Member States of the European Community of dual-use goods and technologies;
In view of the Decree of 13 December 2001 on application forms for authorisation Export, Import and Transit of War Material, Arms and Ammunition and Related Material,
Stops:

Item 1
This Order specifies the formalities to be complied with in accordance with Articles 17-I, 20-I and 25 of the aforementioned Decree of 15 February 2001 concerning imports and exports of chemicals Set out in Table 1 annexed to the abovementioned Convention, hereinafter referred to as ' Table 1 products " And the exports of the chemicals listed in Table 3 of the said Convention, hereinafter referred to as ' Products in Table 3 ".

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The application for authorisation to import products from Table 1 provided for by the I of Article 17 of the Decree of 15 February 2001 referred to above shall be established on the form Cerfa No 11192 * 01 of application for authorisation The import of war material, weapons and ammunition, as laid down in the Decree of 13 December 2001 on application forms for the export, import and transit of war material, arms and ammunition and related equipment. It includes the following information:
In box 8 of the form entitled " Relevant equipment, weapons and ammunition " Without taking into account the columns contained therein, the following information:
the chemical name of the product according to the nomenclature of the International Union of Pure and Applied Chemistry (IUPAC), its common name and trade name;
la Developed formula of the product;
when the product is present in a mixture; its concentration;
the Chemical Abstract Services (CAS) file number of the molecule or, where applicable, the mixture;
the maximum net mass of The chemical in Table 1 on which the application is made by specifying the unit used;
the expected date of the transfer.
The application for an import authorization is addressed to the Directorate-General for Customs and Indirect Rights, Office E/2, 23 bis, rue de l' Université, 75700 Paris 07 SP.
The period of validity of the import authorisation is set at one year from the date of issue but not less than one month. This duration is referred to the authority granted.

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The pre-declaration of products in Table 1 provided for in Article 20 of the Decree of 15 February 2001 referred to above shall be established on the model set out in Annex I.
It shall be filed with the service referred to in The penultimate subparagraph of Article 2 within a period of not less than sixty days before the completion of the importation of the chemicals in Table 1 which has received the authorisation provided for in Article 17 of the Decree of 15 February 2001 referred to above, The export of Schedule 1 chemicals that have received authorization under that section.

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Applications for authorisation to export chemicals in Table 3, as provided for in Article 25 of the Decree of 15 February 2001, are laid down in the conditions laid down in Article 2 of the Order of 13 December 2001 on export control to third countries and transfer to Member States of the European Community of dual-use goods and technologies.
However, these applications can only be accepted if they are Accompanied by a certificate of end-use on the model attached as Annex II to this Order and a certificate of non-re-export drawn up on the form CERFA No. 10919 * 01.

Article 5 More on this Article ...


In the second subparagraph of Article 2 of the Decree of 13 December 2001 concerning control of export to third countries and the transfer to the Member States of the European Community of dual-use goods and technologies, the following paragraph is added:
" -for the chemicals listed in Table 3 of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, exported to States not party to the Convention, A certificate of end-use and a certificate of non-re-export drawn up on the CERFA Form 10919 * 01.
" The end-use certificate is drawn up on the model attached in Annex II to the decree of 24 April 2002 on the import and export of products from Table 1 and the export of products from Table 3 of the Convention of 13 January 1993 on the prohibition of the development, manufacture, stockpiling and use of chemical weapons and their destruction. "

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The Director General of Customs and Indirect Rights is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

Appendix


A N N E X E I
TABLE 1 PREPARED REPORTING MODEL


Please provide the following information for each Expected operation:
Chemical name according to the International Union of Pure and Applied Chemistry (IUPAC) Nomenclature:
Product developed formula:
Chemical Abstract Service (CAS) file number:
Approximate quantity On which the operation is carried out, specifying the unit of declared quantities:
Expected date of the operation:
Please identify the source of the product in Table 1:
Country of origin:
Name:
Address:
Please identify the Recipient of the product in Table 1:
Recipient Countries:
Name:
Address:


A N N E X E I I
FINAL USE CERTIFICATE (CUF) FOR CHEMICAL PRODUCTS OF TABLE 3



You can view the table in the OJ
n ° 104 of 04/05/2002 page 8301 to 8303



Declaration of the importer:
I undersigned (name, first name, function),
certifies that the Goods described above are intended to be used in (indicate the country of use)
and not to be re-exported to a third country.


Date, signature and stamp of the importer:


Certificate of the Government of the country of final destination.
We certify that the goods indicated above will be used exclusively for purposes not prohibited by the Convention on the Prohibition of the Development, Production, The storage and use of chemical weapons and their destruction, namely:
-for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
-for the purposes of protection, namely A direct relationship with the protection against toxic chemicals and the protection against chemical weapons;
-for military purposes unrelated to the use of chemical weapons and not dependent on employment, in As a means of warfare, toxic properties of chemicals;
-for the maintenance of public order, including domestic riot control.
The actual use and final destination of the goods are certified by (name and function of the signer)


Date, signature, and stamp of the signer


Done at Paris, April 24, 2002.


For the Minister and by delegation :

The Director General of Customs

and indirect rights,

A. Cadiou


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