Key Benefits:
Minister of State, Minister of Economy, Finance and Industry, and Minister of Agriculture, Food, Fisheries and Rural Affairs,
Having regard to Council Regulation (EEC) No. 2913/92 of 12 October 1992 establishing the Community Customs Code;
Having regard to Commission Regulation (EEC) No. 2454/93 of 2 July 1993 establishing certain provisions for the application of Commission Regulation (EEC) No. 2913/92 establishing the Community Customs Code;
Having regard to Council Regulation (EC) No. 1093/94 of 6 May 1994 establishing the conditions under which fishing vessels from third countries can land directly and market their captures in the ports of the Community;
Considering Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 establishing the sanitary rules applicable to animal by-products not intended for human consumption;
Having regard to Commission Regulation (EC) No. 136/2004 of 22 January 2004 establishing procedures for veterinary controls at the Community Border Inspection Stations when importing products from third countries;
Having regard to Council Directive 90/425/EEC of 26 June 1990 on veterinary and zootechnical controls applicable in intra-community exchanges of certain living animals and products from the perspective of the realization of the domestic market;
Having regard to Council Directive 97/78/EC of 18 December 1997 setting out the principles for the organization of veterinary controls for products from third countries introduced into the Community;
In light of Council Directive 2002/99/EC of 16 December 2002, setting out the health police rules governing the production, processing, distribution and introduction of animal products intended for human consumption;
Having regard to Council decision 79/542/EEC of 21 December 1979 establishing a list of third countries from which Member States authorize the importation of animals from bovine and pork species and fresh meats;
In light of Commission Decision 93/352/EEC of 1 June 1993 setting out exemptions to the conditions for the approval of border inspection stations located in ports where fish are disembarked from third countries;
Having regard to Commission Decision 2002/349/EC of 26 April 2002 establishing the list of products to be examined at border inspection stations under Council Directive 97/78/EC;
Considering Commission Decision 2002/995/EC of 9 December 2002 establishing interim safeguards for imports of animal products intended for personal consumption;
Considering Decision 2003/24/EC of 30 December 2002 on the development of an integrated veterinary computer system;
Considering decision 2004/292/EC of 30 March 2004 on the implementation of the TRACES system and amending decision 92/486/EEC;
Having regard to Commission decision 2004/372/EC of 13 April 2004 amending Council decision 79/542/EEC with regard to sanitary conditions and veterinary certification for certain products transiting by the Community or temporarily stored in the Community;
Having regard to Commission Decision 2004/413/EC of 28 April 2004 amending Council Decision 2000/585/EC on sanitary and health police conditions and the veterinary certification required for rabbit meats and some wild game meat and animal game meat transiting by the Community or temporarily stored in the Community;
Having regard to Commission decision 2004/414/EC of 28 April 2004 amending Decision 2003/779/EC with regard to sanitary conditions and veterinary certification for animal hoses in transit or temporarily stored in the Community;
Having regard to Commission decision 2004/415/EC of 29 April 2004 amending Decision 2000/609/EC with regard to sanitary conditions and veterinary certification for breeding ratitis meat transiting by the Community or temporarily stored in the Community;
In view of Commission decision 2004/427/EC of 29 April 2004 amending Commission decision 97/221/EC with regard to health police conditions and the veterinary certification required for the transit and temporary storage of meat products in the Community;
In view of Commission decision 2004/436/EC of 29 April 2004 amending Commission decision 94/984/EC with regard to health police conditions and veterinary certification required for the transit and temporary storage of fresh poultry meats in the Community;
In view of Commission decision 2004/437/EC of 29 April 2004 amending Commission decision 2000/572/EC with regard to health police conditions and veterinary certification required for the transit and temporary storage of fresh poultry meats in the Community;
In view of Commission decision 2004/438/EC of 29 April 2004 amending Commission decision 95/343/EC with regard to health police conditions and the veterinary certification required for the transit and temporary storage of heat treated milk, raw milk and milk products in the Community;
Considering the rural code, including articles L. 236-1 to L. 237-3;
Considering the Customs Code, and in particular its article 38;
Considering the Order of 5 May 2000 establishing the terms and conditions of veterinary controls for the importation of products from third countries;
In view of the Order of November 25, 2003, setting out the list of living animals, their products, animal products, animal pathogens and products that may be subject to control at border inspection stations pursuant to the provisions of Article L. 236-4 of the Rural Code,
Stop:
In articles 2, 15, 16, 17, 18, 19, 20, 22, 24 and 25 of the above-mentioned decree of 5 May 2000, the words: "decision of 6 June 1994" are replaced by the words: "decision of 25 November 2003".
In article 2, points h and i, of the above-mentioned decision of 5 May 2000, the words "Decision 92/525/EC" are replaced by the words "Decision 2001/812/EC".
In articles 2, point n, 13, point 8, 21 and 23, point 6, of the above-mentioned decree of 5 May 2000, the words "article 275-4 of the rural code" are replaced by the words "article L. 236-4 of the rural code".
In article 2, point o, of the aforementioned decree of 5 May 2000, the words: "articles 215-1, 259 and 283-1 of the rural code" are replaced by the words: "L. 214-19, L. 221-5 and L. 231-2 of the rural code".
In sections 10, point 2, 22, point 2, and 26, point 5, of the order of 5 May 2000, the words "Article 337 of the rural code" are replaced by the words "Article L. 237-3 of the rural code".
Section 4 of the above-mentioned Order dated 5 May 2000 is replaced by the following provisions:
“Art. 4. - The loading person is required to communicate to the official agents of the border inspection post, prior to the physical arrival of the lot in the territory of the Community, the lot information submitted by means of the common entry veterinary document as set out in Schedule III to Regulation (EC) No. 136/2004 referred to above. Effective 1 January 2005, this communication is carried out using the integrated veterinary information system provided for in Decision 2003/24/EC.
To ensure that all batches of animal origin introduced in the community territory are subject to veterinary controls, veterinary officers work in coordination with other inspection services to gather any useful information regarding the introduction of animal products. In particular:
- information available to Customs services;
- information on manifests of ships, trains or aircraft;
- other sources of information accessible to road, rail, port or airport operators. »
Section 5 of the above-mentioned Order dated 5 May 2000 is replaced by the following provisions:
“Art. 5. - Regardless of its customs destination, each lot is subject to a documentary inspection conducted in accordance with the provisions of Annex I to Regulation (EC) No. 136/2004. »
Paragraph 2 of Article 6 of the above-mentioned Order dated 5 May 2000 is replaced by the following provisions:
“2. Each lot intended for importation shall be accompanied by a health certificate or document or safety document, or other original document meeting the requirements of Article 5 of the above-mentioned Order of November 25, 2003, written in the official language of the Member State of destination and in that of the Member State in which the inspection on the border is carried out, or be accompanied by a certified translation in that language(s). »
The second paragraph of item 1 of Article 7 of the above-mentioned Order of 5 May 2000 is deleted and replaced by the following provisions: "This identity check shall include:".
Item 1 (b) is replaced by the following:
“(b) In other cases and for all types of products, verification of the presence and conformity of stamps, official marks or safety marks provided by the veterinary regulations identifying countries and establishment of origin and their correspondence with the mentions on veterinary certificates or accompanying documents. In addition, when these products are packaged and/or conditioned, this identity check also includes the control of specific labelling provided by veterinary regulations; "
Section 8 of the above-mentioned Order dated 5 May 2000 is replaced by the following provisions:
“Art. 8. - 1. Once the veterinary controls provided for in Article 3 are completed, Part 2 of the common entry veterinary document is completed under the responsibility of the official veterinarian responsible for the border crossing. The common entry veterinary document is signed by the latter or by another official veterinarian under his authority, with a view to granting veterinary authorization to the lot. In the case of border inspection stations controlling fish imports in accordance with Commission Decision 93/352/EEC, the designated official agent may perform the functions of the official veterinarian, including completing and signing the common entry veterinary document.
2. The original of the common veterinary entry document for the lots to which veterinary authorization was granted is parts 1 and 2 duly completed and signed.
3. The official veterinarian or the person responsible for the shipment shall notify the customs authorities of the border inspection post of the veterinary authorization granted to the lot, as provided in paragraph 1, upon presentation of the original of the common veterinary entry document or transmission electronically.
Once the clearance, within the meaning of section 79 of Regulation (EEC) No 2913/92 referred to, granted, the original of the common entry veterinary document must accompany the lot to the first destination establishment.
The official veterinarian of the border inspection station retains a copy of the common veterinary entry document.
The official veterinarian shall transmit a copy of the common veterinary entry document to the person responsible for the shipment.
4. The official veterinarian retains the original veterinary certificate or documents issued by the third country accompanying the lot and a copy of the common veterinary entry document for a minimum period of three years. However, for batches of goods in transit or intended to be stored in a registered warehouse under section 12, paragraph 4, or section 13 of Directive 97/78/EC, whose final destination is located outside the Community, the original veterinary document accompanying the lot on arrival must continue to travel with the latter, only copies being kept at the border inspection station.
5. When the batches of products have received veterinary authorization at the border inspection station in accordance with paragraph 1, but continue to be placed under customs control and are put into practice free at a later stage, the procedure referred to in paragraphs 2, 3 and 4 shall apply.
6. The original of the common entry veterinary document accompanies the lot as long as it is placed under customs control of one or more establishments until the request for clearance by the person responsible for the shipment.
7. For the purpose of the first clearance, the person responsible for the loading shall present the original of the common veterinary entry document to the competent customs office with respect to the establishment in which the lot is located, which may be carried out electronically subject to the authorization of the competent authority.
8. When the clearance has been requested in accordance with the above procedure, the operator of the facility:
(a) Keeps a copy of the common entry veterinary document accompanying the lot;
(b) Takes note of the date of receipt of the lot;
(c) Takes note of the date of clearance or dates of clearance if the lot is split in accordance with Article 5.
9. In case a lot referred to in paragraph 5 is split, the original of the common veterinary entry document is submitted to the competent customs authorities responsible for the establishment where the lot is split. A copy of the common veterinary entry document will then be retained by that establishment.
10. The competent authority responsible for the establishment referred to in paragraph 9 may issue an authenticated photocopy of the original of the common entry veterinary document to accompany each part of the lot and supplement it with information on the revised quantity or weight.
11. The operator of the facility where the lot has been split retains a trace of the different parts of the lot, annotations concerning the common veterinary entry document and copies of it for three years. »
In article 9 of the above-mentioned decision of 5 May 2000, the words: "This information is transmitted by the computerized ANIMO liaison network" are replaced by the words: "This information is transmitted by the computerized link system between veterinary authorities".
In point 1, the first dash in section 10, the words: "in the context of community regulation" are added after the words: "or whose import has been authorized for specific purposes".
In point 1, second indent, of Article 10, paragraph 4, second indent, of Article 13, paragraph 5 of Article 20 and paragraph 4 of Article 23 of the above-mentioned Order, the words: "through the computerized network of ANIMO liaison" are replaced by the words: "by the computerized system of liaison between veterinary authorities".
Effective January 1, 2005, item 1 of Article 13 of the above-mentioned Order dated May 5, 2000 is replaced by the following provisions:
"A border inspection station does not allow the transit of a lot of a third country to another third country, either directly or after storage in a free warehouse, in a warehouse located in a free zone, in a customs warehouse or in a fuelling warehouse, unless the lot meets the following conditions:
(a) If these are fresh meats, meat preparations, meat products, casings, milk and dairy products, batches from third countries or parts of authorized third countries and meet the health police and veterinary certification conditions defined at the community level;
(b) If these are products not referred to in point a above, that the lots come from a third country whose products are not prohibited from the introduction to the territory of the European Union by decision of the Commission, or in French territory, by order of the Minister for Agriculture. However, a specific exemption from the requirement for the origin of the lot may be granted by the veterinarian inspector of the border inspection post:
- if the lot is trans-shipped directly from one plane to another or from one ship to another within the customs zone of the same port or airport to be re-shipped without any other stop on the territory of the European Union;
- if the lot is transferred from one plane to another or from one ship to another within the customs zone of the same port or airport, either directly or after unloading on the dock or terminal, for a period less than the minimum period referred to in Article 12, paragraph 2, point a, of this Order.
The request for exemption must be communicated to the border inspection station, at least one working day before the product arrives. »
Effective January 1, 2005, item 2 of Article 14 of the Order of May 5, 2000 is replaced by the following provisions:
"Without prejudice to the provisions contained in the above-mentioned decision of April 3, 1996, only the free warehouses, warehouses located in a free zone, customs warehouses and chartered fuel warehouses under this chapter may receive lots that do not meet the sanitary import conditions set out in the above-mentioned order of November 25, 2003, subject to:
(a) If these are fresh meats, meat preparation, meat products, casings, milk and dairy products, batches from third countries or parts of authorized third countries and meet the health police and veterinary certification conditions defined at the community level;
(b) If these are products not referred to in point a above, that the lots come from a third country whose products are not prohibited from the introduction to the territory of the European Union by decision of the Commission, or in French territory, by order of the Minister for Agriculture. »
In paragraph 1 of Article 23 of the Order of 5 May 2000, the words: "or refused on a commercial basis" are added after the words: "refused by a third country".
In point 1 a, second dash, of section 23 of the 5 May 2000 Order, the words: "A waiver of this provision may be granted on a case-by-case basis by the Minister responsible for agriculture" are replaced by the words: "A waiver of this provision may be granted on a case-by-case basis by the veterinarian inspector of the border inspection post".
Section 25 of the above-mentioned Order dated 5 May 2000 is replaced by the following provisions:
“Art. 25. - In the event of suspicion of non-compliance with veterinary regulations or doubts as to the identity or actual destination of the product, as to respect the animal health or public health guarantees certified in the health or safety certificate or document referred to in Article 5 of the above-mentioned Order of November 25, 2003, the official agents of the border inspection post shall carry out all the controls that they deem useful to confirm or suspect.
When laboratory tests are carried out on the basis of a presumption of irregularity, information received, a prior notification from the food early warning system, a safeguard measure and an analysis of a direct or immediate risk to public health or animal health or pending the outcome of the investigations and controls carried out under the first paragraph, the products concerned are registered under the control of the veterinary inspection position.
If doubts and suspicions are confirmed, the Minister responsible for agriculture can strengthen controls on products of the same origin. »
The provisions of items b and c of section 26 of the 5 May 2000 Order are replaced by the following:
“(b) The use of the lot for other purposes in accordance with the provisions of Regulation (EC) No. 1774/2002 referred to above provided that it does not pose a risk to human and animal health. The veterinarian inspector of the border inspection post gives prior agreement on the establishment of destination;
(c) Either, if the re-shipment is impossible or has passed the re-shipment deadlines, or if the loader gives its immediate agreement, the destruction of the lot in the installation provided for this purpose, in accordance with the provisions of Regulation (EC) No. 1774/2002 referred to above. The veterinarian inspector of the border inspection post shall give prior agreement on the establishment of destination for destruction. »
In point b of Article 28 of the Order of 5 May 2000, the words: "to products entering the Community from third countries authorized by decision of the Commission" are replaced by the words: "as long as they come from third countries authorized for this purpose by decision of the Commission".
At the point of Article 28 of the Order of 5 May 2000, the words: "they shall be destroyed by incineration or any other means having an equivalent effect" are replaced by the words: "they shall be destroyed in accordance with the provisions of Regulation (EC) No. 1774/2002 referred to above."
The first paragraph of item (e) of Schedule 4 to the above-mentioned Order dated 5 May 2000 is replaced by the following provisions:
"A whole series of packagings must be examined, or, for bulk products, samples taken for sensory examinations, physico-chemical tests and laboratory tests. »
Point f of Schedule 4 to the Order of 5 May 2000 is deleted.
The Director General of Food and the Director General of Customs and Indirect Rights are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, 9 July 2004.
Minister of Agriculture, Food,
and Rural Affairs,
For the Minister and by delegation:
The Chief Food Officer,
T. Klinger
Minister of State, Minister of Economy,
finance and industry,
For the Minister and by delegation:
The Chief Customs Officer
and indirect rights,
F. Mongin
