Key Benefits:
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 sanitary rules applicable to animal by-products not intended for human consumption;
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 92/118/EEC of 17 December 1992 defining the health police conditions and sanitary conditions governing trade and imports in the Community of non-submitted products, with respect to these conditions, to the specific EU regulations referred to in Annex A, Chapter 1 of Directive 89/662/EEC and, with regard to pathogens, Directive 90/425/EEC;
Having regard to Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or death;
In light of Council Directive 96/23/EC of 29 April 1996 on control measures for certain substances and their residues in living animals and their products;
Having regard to Commission decision 93/13/EEC of 22 December 1992 as amended, setting out the procedures for veterinary controls at the Community Border Inspection Stations in the introduction of products from third countries;
In light of Commission decision 94/360/EC of 20 May 1994 amended on the reduced frequency of physical inspections of batches of certain products during imports from third countries under Directive 90/675/EEC;
Having regard to Decision 2000/25/EC of 16 December 1999 establishing the terms and conditions for the application of Article 9 of Council Directive 97/78/EC, with regard to the transfer of products to a border inspection post, where lots are intended for possible import into the European Community, and amending Decision 93/14/EEC;
In light of Commission Decision 2001/812/EC of 21 November 2001 establishing requirements for the accreditation of border inspection stations responsible for veterinary controls for products from third countries introduced to the Community;
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;
Having regard to the amended decision of 30 December 1991 on the processing of animal waste and regulating the production of animal feeds;
Having regard to the 27 December 1992 regulation of hygiene conditions applicable on board fishing vessels and factory vessels;
Having regard to the Decree of 29 December 1992 regulating the conditions of hygiene applicable in places of wholesale sale of the fishery products;
Considering the amended decision of 6 June 1994 on sanitary conditions for the importation of live animals, animal products and animal or animal products from third countries;
In view of the Order of 15 December 1994 on the conditions for the installation and operation of border inspection stations;
Considering the decree of 2 August 1995 setting sanitary conditions for the collection, treatment and marketing of fresh wild game meats;
Considering the decision of 3 April 1996 setting the conditions for the registration of animal and animal storage facilities for the products concerned;
Considering the Order of 5 May 2000 establishing the terms and conditions of veterinary controls for the importation of products from third countries;
Having regard to the decree of 5 April 2002 on sanitary conditions of importation and transit in France of products from animals and pathogens, referred to in article L. 236-1 of the rural code, intended exclusively for technical or pharmaceutical use from third countries;
Considering the rural code, including articles L. 236-1 to L. 237-3;
Given the Customs Code, including Article 38,
Stop:
Item 3 of Article 6 and Annexes I, II and III of the above-mentioned Order of 5 May 2000 are deleted.
The provisions of paragraph 1 of Article 7 of the aforementioned Order of 5 May 2000 shall be replaced by the following provisions:
"An identity check to ensure compliance with the data on the certificates or accompanying documents referred to in Article 6 of this Order accompanying the lot. With the exception of the products covered by the above-mentioned Regulation (EC) 1774/2002 and the above-mentioned Directive 92/118/EC, this identity check includes: "
The provisions of paragraphs a, b, c, d, e and f of Article 28 of the above-mentioned Order of 5 May 2000 shall be replaced by the following provisions:
"Subject to the fact that they do not originate or originate from a third country from which imports of the corresponding products are prohibited by decision of the Commission or by order of the Minister for Agriculture, the provisions of this Order do not apply:
(a) To infant powdered milks, foods (meat products and milk-based products) for infants and special foods (meat-based products and milk-based products) required for medical reasons, provided that they do not require refrigeration prior to their opening, whether they are registered branded products and intended for direct sale to the end-user and that their packaging is intact when they are transported
(b) To meats, meat products, milk and milk-based products, when transported by passengers in their baggage or hand luggage for personal consumption, while taking into account the amount that a person may normally consume, products entering the Community from third countries authorized by Commission decision;
(c) To products other than meats and products based on meat, milk and milk-based products, when transported by passengers in their luggage or hand luggage for personal consumption, while taking into account the nature of the product and within 1 kilogram per person or when they are subject to small shipments to individuals, to the extent that the quantity shipped does not exceed 1 kilogram of a commercial nature, to the extent that it is not imported
(d) For products that are located, for the purpose of the supply of personnel and passengers, on board the international means of transport, provided that they are not intended to be brought into the territory of the European Union. When these products or their cooking waste are discharged in the metropolitan territory or in overseas departments, they must be destroyed by incineration or any other means having an equivalent effect. However, it is possible not to use destruction when products pass directly, without unloading, from a means of transport operating internationally to another in the same port or airport and remain under customs control. »
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 on 1 August 2003.
Minister of Agriculture, Food,
and Rural Affairs,
For the Minister and by delegation:
The Chief Food Officer,
T. Klinger
Minister of Economy,
finance and industry,
For the Minister and by delegation:
The Chief Customs Officer
and indirect rights,
F. Mongin
